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20130417 BMMIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive April17, 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 City Manager Jimmy L. Morales 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 1 0 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, April 17, 2013 Presentations and Awards PA1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For February 2013. (Requested by Commissioner Jorge R Exposito) PA2 Certificates Of Recognition To Be Awarded To The CoMFounders Of The Winter Party Festival And Dade Human Rights Foundation. (Requested By Commissioner Michael Gongora) PA3 Orange Bowl Presentation To City Of Miami Beach, For Appreciation Of Our Support For The 2013 Discover Orange Bowl And The 2013 Discover BCS National Championship Game. (Requested by Mayor Matti Herrera Bower) PA4 Certificates Of Appreciation To Be Presented To The Miami Beach Women's Conference Committee For Their Support And To The Founders Of The Committee/Women's Exhibit. (Requested by Mayor Matti Herrera Bower) PA5 Proclamation To Be Presented Declaring March 19 To March 23, 2013 As Fashion Week In The City Of Miami Beach. (Requested by Commissioner Jerry Libbin) PA6 Certificates Of Appreciation To Be Presented To Participants Of The First Miami Beach Gun Buyback Event In The City Of Miami Beach. (Requested by Commissioner Jerry Libbin) PA7 Proclamation To Be Presented Declaring April 11, 2013 As Parkinson's Day In Miami Beach. (Requested by Commissioner Jerry Libbin) PAS Proclamation To Be Presented To Dr. Maria Mercedes Pigni. (Requested By ViceMMayor Jonah Wolfson) PA9 Certificates Of Recognition To Be Presented To Susan Carman, Participant And The Children Trust Employer, In UNlOAD's Senior Placement Program. (Requested By ViceMMayor Jonah Wolfson) CONSENT AGENDA Action: Moved: Seconded: Vote: 2 2 Commission Agenda, April 17, 2013 C2 -Competitive Bid Reports C2A Request For Approval To Issue A Request For Qualifications (RFQ) For A Third Solid Waste Franchise Contractor To Provide Commercial Waste Collections And Disposal Services. (Public Works/Procurement) C2B Request For Approval To Award Contracts To The Following Vendors: Solo Printing, Inc., Dora! Digital Reprographics, Arc, And Tampa Envelope, Pursuant To Invitation To Bid No. 08-11/12, For Citywide Printing Services. (Citywide/Procurement) C2C Request For Approval To Award A Contract Pursuant To Invitation To Bid No. 075-2013, For Two-Way Radio Subscriber Maintenance Services, To Control Communications, Inc., In An Estimated Annual Amount Not To Exceed $100,000. (Information Technology/Procurement) C2D Request For Approval To Issue A Request For Proposals (RFP) To Secure The Services Of A Consultant That Will Compile The City Stakeholder's Requirements And Recommend The Best Approach To Select And Replace The Existing Public Safety Radio System With A P25 Compliant System Before The 2016 Timeframe. (Information Technology/Procurement) C2E Request For Approval To Issue A Request For Proposals (RFP) For Pay By Phone Services For The City's Parking Department. (Parking Department/Procurement) C2F Request For Approval To Issue A Request For Proposals (RFP) For Gymnastic Program Instruction Services For The Parks And Recreation Department. (Parks & Recreation/Procurement) C4 -Commission Committee Assignments C4A Referral To The Land Use And Development Committee To Consider The Solicitation Of Letters Of Interest From Institutions Of Higher Education For The Development Of Our Municipal Assets In North Beach. (Requested by Commissioner Deede Weithorn) C4B Referral To The Land Use And Development Committee -Discussion Regarding A Mass Transit Connectivity Feasibility Study Entitled "Beach Corridor Transit Connection Study" To Be Conducted By The Miami-Dade Metropolitan Planning Organization In Partnership With The City Of Miami Beach, City Of Miami, Miami-Dade Transit And The Florida Department Of Transportation. (Public Works) 3 3 Commission Agenda, April 17, 2013 C4-Commission Committee Assignments (Continued) C4C Referral To The Neighborhood/Community Affairs Committee To Discuss The Continuation Of The Adopt-A-Beach Pilot Program. (Public Works) C4D Referral To The Neighborhood/Community Affairs Committee A Discussion On The Status Of The Naming Of The Tennis Center At Flamingo Park. (Requested by Mayor Matti Herrera Bower) C4E Referral To The Land Use And Development Committee A Resolution To Amend The City's Human Rights Ordinance To Require The Posting Of Notices In Every Place Of Housing And Housing Accommodation And City Of Miami Beach Department And Facility That Is Subject To The Human Rights Ordinance. (Requested by Mayor Matti Herrera Bower) C4F Referral To Neighborhood/Community Affairs Committee -An Ordinance Amending Miami Beach City Code Chapter 2 Entitled "Administration," Article VII Entitled "Standards Of Conduct," Division 2 Entitled "Officers, Employees, And Agency Members," By Amending Section 2-446 Thereof Entitled "Declaration Of Policy" To Provide For Limited Standards Of Conduct Applicable To The City's Special Masters, And Creating City Code Section 2-461 Establishing Special Master Lobbying Prohibitions; Providing For Repealer, Severability, Codification, And An Effective Date. (Requested by Commissioner Deede Weithorn) C4G Referral To The Neighborhood/Community Affairs Committee And Committee On Quality Education -A Resolution Supporting The Efforts Of Miami-Dade County And The Miami-Dade County Public Schools' Joint Roundtable On Youth Safety. (Requested by Mayor Matti Herrera Bower) C4H Referral To The Neighborhood/Community Affairs Committee To Discuss The Restoration Of Monument Island. (Requested By Commissioner Michael Gongora) C41 Referral To The Finance And Citywide Projects Committee To Discuss Small Cells On Existing Polls. (Requested By Commissioner Michael Gongora) 4 4 Commission Agenda, April 17, 2013 C6 -Commission Committee Reports C6A Report Of The Joint Neighborhood/Community Affairs Committee And Land Use Development Committee Meeting Of March 19, 2013: 1a) Discussion Regarding Miami Beach Mass Transit Loop. 1 b) Discussion Regarding Transit Enhancements For North Beach. 2) Mass Transit Connectivity. 3a} Discussion Regarding The Bike Master Plan. 3b) Discussion Regarding The Comprehensive Bike Master Plan. 3c) Discussion Regarding The Impact Of Bicycles-Including The Deco Bike Program And The Bike Master Plan -And Other Vehicles, Such As Segways And Skateboards, On Sidewalks And Pedestrian Paths. 3d) Discussion Regarding Updating The Bikeways Master Plan To Better Interact With The City's Traffic Calming Planning. 4a) Discussion Regarding Status Of Beach Walk From Sunrise Plaza To 4th Street. 4b) Status Update For The Beach Walk From Sunrise Plaza To Fifth Street. C6B Report Of The Capital Improvement Projects Oversight Committee Meeting Of January 14, 2013: 1) Attendance. 2} Review And Acceptance Of Minutes. 3) Approval Of 2013 Meeting Dates. 4) Public Comments. 5} Old Business/Requested Reports: a. North Beach Neighborhoods: 1. Status Report: Normandy Isle Phase II Neighborhood Improvements; 2. Status Report: Biscayne Point Neighborhood Improvements Project. b. Middle Beach Neighborhoods: 1. Status Report: Central Bayshore Improvements; 2. Status Report: Lake Pancoast Improvements; 3. Status Report: Sunset Islands I & II; 4. Status Report: Sunset Islands Ill & IV; 5. Status On Lower North Bay Road. c. South Beach Neighborhoods: 1. Status Report: Venetian Island Neighborhood Improvement Project; 2. Status Report: Palm & Hibiscus Island Undergrounding; 3. Status Report: South Pointe Phase Ill, IV, & V Neighborhood Improvement Project. 6) Commission Items: a. 6th And 53rd Street Restrooms Project. b. Sunset Islands I & II Project. c. Collins Park Garage Project. d. South Pointe Park Pier Project. 7) Additional Discussion: Capital Improvement Projects Web Site. (Capital Improvement Projects) 5 5 Commission Agenda, April 17, 2013 C6 ·Commission Committee Reports (Continued) C6C Report Of The Neighborhood/Community Affairs Committee Meeting Of March 18, 2013: 1a) Discussion Regarding How Compliance Will Be Measured In Future Bids That Include Requirements To Take Affirmative Steps To Encourage The Use Of Certified Minority And Women Owned Businesses, Veterans, And Local Preference. 1 b) Discussion Regarding A Review And Consider Modification To The Military Veterans Vendor Preference Ordinance No. 2011-3748. 1c) Discussion To Review And Consider Modification To The Local Vendor Preference Ordinance No. 2011-37 47. 2) Discussion Regarding Proposed Amendments To The City's Film And Print Guidelines. 3) Discussion Regarding The Fine Schedule For A Proposed Ordinance Amending The Following Chapters In The Code Of The City Of Miami Beach To Provide Civil Enforcement And Penalty Provisions To Replace Criminal Misdemeanor Enforcement And Penalty Provisions As Follows: Amending Chapter 70 Entitled "Miscellaneous Offenses," By Amending Article I, Entitled "In General," By Amending Section 70-6, Entitled "Penalties," To Provide Civil Penalties And Special Master Enforcement Provisions Relative To The Prohibitions In Chapter 70, Except For Violations Of Section 70-3 Entitled "Vibration"; By Amending Chapter 7 4 Of The Miami Beach City Code Entitled "Peddlers And Solicitors," By Amending Article I, Entitled "In General," By Amending Section 74-1 Entitled "Soliciting Business In Public From Pedestrians," By Providing That The Solicitation Of Any Food, Beverage Or Service Is Also A Prohibited Activity And Providing Civil Penalties And Special Master Enforcement Provisions; By Amending Chapter 82 Of The Miami Beach City Code Entitled "Public Property," By Amending Article I, Entitled "In General," By Amending Section 82-1, Entitled "Conducting Business On Streets, Parks Or Other Public Property," By Providing Civil Penalties And Special Master Enforcement Provisions. 4) Discussion Involving A Long Term Solution For The Ongoing Rodent issue on 41st Street. Sa) Discussion Regarding Coordination Of FOOT Projects In The City. Sb) Discussion Regarding A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Temporary License Agreements, Permanent Easement Agreements, And A Storm Water Pump Stations And Pollution Control Structures Maintenance Memorandum Of Agreement, In Substantially The Attached Forms, With The Florida Department Of Transportation, For The Construction, Harmonization, And Maintenance Of Proposed Improvements As Part Of The State Road 907/Aiton Road Project From 5th Street To Michigan Avenue. 6) Discussion Regarding The Illegal Vendors, Including Illegal Tobacco Vendors In Miami Beach. 7) Discussion Regarding Forming A Corporate Partnership With City Of Miami Beach And Barry University. 8) Quarterly Report Crime Statistics. C6D Report Of The Finance And Citywide Projects Committee Of March 21, 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 The Status Of Agreed Upon Audit Procedures For Towing Companies. 3) Discussion Regarding Water Conservation Methods And Implementation. 4) Discussion Regarding Authorizing The City Manager To Negotiate And Enter Into Temporary Licensing-Use Agreements With Contractors Requiring The Use Of City- Owned Property For The Purpose Of Staging And/Or Storage Of Construction Equipment In Connection With City Or Privately Funded Construction Projects. 5) Discussion Regarding Timely Publication And Distribution Of Agendas For The City's Boards And Committees, Particularly The Committees Of The City Commission And The City's Land Use Boards. 6) Discussion Regarding The Possible World Out Games Miami Beach 2017 Funding. 7) Discussion Of Performance And Operational Audit By Crowe Horwarth. 8) Discussion Regarding The Bike Lanes At Central Bayshore. 9) 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. 10) Discussion Regarding The Waiver Of Square Footage Fee And Lummus Park User Fees For Gay Pride 2013. 6 6 Commission Agenda, April 17, 2013 C7 -Resolutions C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit The Following Applications: 1) A Grant Application To The Children's Trust Service Partnership Program For Funding, In The Approximate Amount Of $720,000, For The City's Success University Program; 2) A Grant Application To The State Of Florida, Division Of Emergency Management, For Federal Funding From The U.S. Department Of Homeland Security, Federal Emergency Management Agency (FEMA), Hazard Mitigation Grant Program, In The Approximate Amount Of $120,000, For The Window Replacement Project At The Miami Beach Botanical Garden; 3) A Request To Negotiate And Execute A Contract Renewal With The Children's Trust For The City's Out-Of-School Program, In The Approximate Amount Of $310,000, To Provide Afterschool And Summer Services; 4) A Request To Negotiate And Execute A Contract Renewal With The Children's Trust For The Early Childhood Development Program In The Approximate Amount Of $150,000, For The City's Parent-Child Home Program; And, Retroactively For: 5) An Application To The Re.lnvest Initiative For Expertise And Staffing Support Relative To Sustainable Urban Infrastructure; And 6) A Request For Water Project Funding To The House Agriculture And Natural Resources Subcommittee In The Amount Of $500,000, For The Bayshore Neighborhood Right Of Way Improvements Project (Lower North Bay Road); Authorizing The Execution Of All Necessary Documents Related To These Applications, Including, Without Limitation, Audits Of Such Grants, And Authorizing The City Manager Or His Designee To Take All Necessary Actions Related To These Grants. (Budget & Performance Improvement) C7B A Resolution Accepting A Donation In The Amount Of $10,000.00 From The Miami Beach Education Foundation From Proceeds Of The Miami Beach Chamber Of Commerce's Annual Golf Tournament To Be Utilized By The City Of Miami Beach's International Baccalaureate (IB) Educational Program, And Appropriating The $10,000.00 Donation To City's IB Program. (Requested by Commissioner Jerry Libbin) (Legislative Tracking: Budget & Performance Improvements) C7C A Resolution Retroactively Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 2, To The Existing Professional Architecture & Engineering Services Agreement Between The City Of Miami Beach And Schwebke-Shiskin & Associates, Inc. (SSA), Dated December 14, 2011, For The Bayshore Neighborhood No. 8E -Sunset Islands I & II Right Of Way Project; In The Negotiated Not-To-Exceed Amount Of $1 07,098; To Provide Extended Resident Project Representation And Additional Consulting Services During Construction Of The Project; With Previously Appropriated Funding. (Capital Improvement Projects) C7D A Resolution Approving The Second Year Renewal Option To The Professional Services Agreement Between The City And RBC Dain Rauscher, Inc., Now Known As RBC Capital Markets, LLC, Dated March 14, 2007, For Financial Advisory Services; Said Renewal Term Having Been Deemed To Commence Retroactively On March 15, 2013, And Ending On March 14,2014. (Finance Department) 7 7 Commission Agenda, April 17, 2013 C7 -Resolutions (Continued) C7E A Resolution Authorizing The Donation Of Two (2) Freightliner FL60 Ambulances, In "As Is" Condition, To Our Sister City Of lea, Peru; And Authorizing The Donation Of Fifteen ( 15) Incomplete Sets Of Firefighting Protective Clothing, Forty-Five (45) Sections Of Hose, And Ten (10) Self Contained Breathing Apparatus (SCBA), In "As Is" Condition, To Our Sister City Of Cozumel, Mexico. (Requested by Mayor Matti Herrera Bower) (Legislative Tracking: Fire Department) C7F A Resolution Approving An Extension To The Services Framework Agreement Between The City And Parkeon, Inc., For Technical Support Services, Parkfolio And Online Credit Card Processing, Maintenance, And Extended Hardware Warranty; Said Amendment Commencing On July 1, 2013 And Expiring On June 30, 2014; Further Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Agreement. (Parking Department) C7G A Resolution Accepting The Recommendation Of The Joint Neighborhood/Community Affairs And Land Use And Development Committees, And Authorizing The City Manager To Negotiate And Execute An lnterlocal Agreement With The Miami-Dade Metropolitan Planning Organization For A Mass Transit Connectivity Feasibility Study To Be Conducted By The Miami-Dade Metropolitan Planning Organization; And Further Allocating $25,000 Towards The Total Cost Of The Feasibility Study. (Public Works) C7H A Resolution Setting A Public Hearing To Consider A Revocable Permit Request By The Ungar- Marshall Company To Permit Two Encroachments Into The Rights~Of-Way Adjacent To The Retail Property Located At 1100 Lincoln Road (The Gap Store): 1) A Proposed Metal Canopy With Horizontal Dimensions Not To Exceed Five Feet Eleven Inches (5'-11") Along Michigan Avenue, Six Feet (6') Along Lincoln Road Mall, And Ten Feet Four Inches (1 0'-4") Above The Sidewalk; And 2) A Proposed Concrete Eyebrow, Having Horizontal Dimensions Not To Exceed A Length Of 6 Feet (6') Along Lincoln Road And Michigan Avenue, At A Height Of Approximately 30 Feet (30'-00") Above The Sidewalk. (Public Works) C7! A Resolution Approving And Adopting The City Of Miami Beach Local Housing Assistance Plan (LHAP) For The State Housing Initiatives Partnership (SHIP) Program For Fiscal Years 2013/2014, 2014/2015, And 2015/2016, As Required By The State Housing Initiatives Partnership Program Act, Subsections 420.907 -420.9079; Authorizing Execution Of The Necessary Certifications By The Mayor And The City Clerk; Authorizing Submission Of The Local Housing Assistance Plan To The Florida Housing Finance Corporation For Its Review And Approval; Authorizing The Appropriation Of SHIP Program Funds For Fiscal Years 2013/2014, 2014/2015 And 2015/2016 In Amounts To Be Determined By The State Of Florida Or Such Final Allocation Amounts As Adjusted By The Florida Housing Finance Corporation; And Authorizing The Appropriation Of Any Interest Accrued Thereon For Eligible Activities Under The SHIP Program Rules. (Real Estate, Housing & Community Development) 8 8 Commission Agenda, April 17, 2013 C7-Resolutions (Continued) C7 J A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee Waiving The Square Footage And Lummus Park User Fees For Gay Pride 2013. (Tourism & Cultural Development) C7K A Resolution Waiving, By A 5/7ths Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The City's Best Interest, And Authorizing The Purchase Of Food And Snacks From Publix, Costco, Gordon Foods, And BJ's Wholesale To Be Consumed By: A) The City's Parks And Recreation Department's Participants In Their After-School Programs, Summer Camps, Special Events And Other Programmed Activities, And B) Other Departments And Offices Citywide, As Approved In Their Respective Annual Budgets; Said Waiver Shall Be Authorized For A Period Of Three (3) Years, On A Year-To-Year Basis, Contingent Upon City Commission Approval Of The Departments' Related Budget Allocation(s) During The Adoption Of The City's Annual Budget. (Parks & Recreation) C7L A Resolution Exercising A Month-To-Month Extension Of The Agreement Between The City And Clear Channel Adshel Inc., To Construct, Operate And Maintain Directory Structures In The Lincoln Road Area; Which Expires On April17, 2013; With Said Extension Commencing On April 18, 2013, And Terminating, For Convenience And Without Cause, At Such Time As New Directory Structures Are Replaced And Installed. (Public Works) C7M A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Amendment To The Professional Services Agreement With Industrial/Organizational Solutions, Inc., Approved By The City Commission On July 18, 2012. Said Amendment To Provide Additional Testing Services During The First Contract Year For Police And Fire Entry Level Positions; And Requesting Additional Funding, In An Amount Not To Exceed $70,000. {Human Resources) C7N A Resolution Accepting A Donation For Monument Island. (Requested By Commissioner Michael Gongora) (Legislative Tracking: City Attorney's Office) End of Consent Agenda 9 9 Commission Agenda, April 17, 2013 REGULAR AGENDA C2 ~ Competitive Bid Reports R2A Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 049-2013TC, For The City Of Miami Beach Flamingo Park Football Field/Track Renovation Project; Authorizing The Mayor And City Clerk To Execute An Agreement With CSR Heavy Construction, Inc., In The Amount Of $2,266,016 For The Construction Of The Project, Plus Approve A Project Contingency Of 10% For A Not-To-Exceed Grand Total Of $2,492,618; 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) RS -Ordinances R5A C0-2 Self Storage An Ordinance Amending The Code Of The City Of Miami Beach, Florida, Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," Division 5, C0-2 "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) (Continued from March 13, 2013/Referred to LUDC) R5B No Wake Zone 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. 11 :00 a.m. Second Reading Public Hearing (Requested by Commissioner Jorge R. Exposito) (Legislative Tracking: City Attorney's Office) (First Reading on March 13, 2013/Referred to LUDC) R5C An Ordinance Amending Chapter 12 Of The Miami Beach City Code, Entitled "Arts, Culture And Entertainment," By Amending Article I Thereof, Entitled "Film And Print Production Permits," By Amending Section 10 Entitled "Enforcement"; And Providing For Repealer, Codification, Severability, And An Effective Date. First Reading (Requested by Neighborhood/Community Affairs Committee) (Legislative Tracking: Tourism & Cultural Development) 10 10 Commission Agenda, April 17, 2013 RS-Ordinances (Continued) R5D An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Section 1 0~11, Entitled "Running At Large Prohibited," By Extending The Pilot Program Off-Leash Area For Dogs In South Pointe Park Through And Including December 31, 2013; By Amending The Afternoon Off~Leash Hours In The Designated Area From Between 4:00 p.m. And 7:00p.m. To Between 6:00p.m. And 9:00p.m., Monday Through Friday; And Relocating The Off- Leash Area From The Area South And East Of The Washington Avenue Entry Plaza To Its Original Location In The Triangular Area South And West Of The Washington Avenue Entry Plaza; Providing For Repealer; Severability; Codification; And An Effective Date. First Reading (Requested by the City Commission) (Legislative Tracking: Parks & Recreation) R5E Ordinances Amending Procedures For Vendor Preference 1. An Ordinance Amending Section 2-372 Of The Miami Beach City Code, Entitled "Procedures To Provide Preference To Miami Beach~Based Vendors In Contracts For Goods And Contractual Services;" Amending Section 2~372(1 )(b) Thereof, To Require That Miami Beach~Based Vendors Have A Business Tax Receipt To Provide The Goods And Services Required Under A Subject City Bid For At Least One (1) Year Prior To The Issuance Of The Bid, As Well As Have Their Business Headquarters, Or An Office Of The Business, Within The City For A Period Of At Least One (1) Year Prior To The Issuance Of The Bid; And Amending Section 2-372(2)(b) To Limit Such Preference Only To Proposers; Providing For Codification, Repealer, Severability, And An Effective Date. First Reading 2. An Ordinance Amending Section 2-37 4 Of The Miami Beach City Code, Entitled "Procedure To Provide Preference To Veterans In Contracts For Goods And Contractual Services;" By Amending Section 2~374(2)(b) To Limit Such Preference Only To Proposers; Providing For Codification, Repealer, Severability, And An Effective Date. First Reading (Requested by Commissioner Jerry Libbin) (Legislative Tracking: Procurement) R7 -Resolutions R7 A A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Third Amendment 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; And Further Approving, Following A Duly Noticed Public Hearing As Required By Section 142-362 Of The City Of Miami Beach Code, An Entertainment Component, Which Will Be Added As An Additional Use Of The Leased Premises In Conjunction With Tenant's Re-Opening And Re-Branding Of Such Premises. 10:00 a.m. Public Hearing, Joint City Commission & Redevelopment Agency (Real Estate, Housing & Community Development) 11 11 Commission Agenda, April 17, 2013 R7 -Resolutions (Continued) R7B A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Employment Agreement Between The City Of Miami Beach And City Manager Jimmy Morales, With The City Manager's Term Of Employment Having Deemed To Commence Retroactively, As Of April 1, 2013. (City Attorney's Office) (To Be Submitted In Supplemental) R7C 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) (Not Reached on March 13, 2013) R7D A Resolution Adopting The First Amendment To The General Fund, Enterprise, Internal Service And Special Revenue Funds Budgets For Fiscal Year (FY) 2012/13 To Appropriate Funds Carried Forward From FY 2011/12, And To Appropriate Funds To The Waste Haulers Additional Services And Public Benefit Fund Budget, To Be Funded By Additional Contributions From The City's Existing Waste Haulers. (Budget & Performance Improvement) R7E A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee At Its December 20, 2012 Meeting, And Waiving, By 5/7th Vote, The Formal Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Authorizing The City Manager To Negotiate, In Accordance With The Substantive Terms (In The Term Sheet Attached As Exhibit "A" To This Resolution) And, If Successful, Execute A New Agreement With Professional Course Management II, LTD., For The Management And Operations Of The City Of Miami Beach Golf Courses, Clubhouses And Related Facilities; With Said Agreement Having An Initial Term Of Three (3) Years, With Two (2) One (1) Year Renewals, At The City's Sole Discretion. (Parks & Recreation Department) R7F A Resolution Approving And Appointing, Pursuant To Sections 142-108(g)(3) And 118-537(b) Of The Miami Beach City Code, , To Serve As Special Master, On The Appeal Of "In Re: 42 Star Island Drive, Miami Beach, FL", Case No. HPSM-13-001, ORB File No. 22936. (City Clerk's Office) 12 12 Commission Agenda, April 17, 2013 R7-Resolutions (Continued) R7G Bicycle Lane Along Prairie Avenue And Royal Palm Avenue 1. A Resolution Accepting The Recommendation By Staff And Respective Consultants Atkins North America, Inc. And Street Plans, Inc., Following A Presentation To The Finance And Citywide Projects Committee On March 21, 2013, And Maintaining The Current Width Of Prairie Avenue As Well As Its Respective Bicycle Lanes, Pursuant To The Regulations Established By Miami-Dade County Public Works, And Further Retaining Royal Palm Avenue's Current Design As Proposed In The Construction Plans, And As Approved Under Resolution 2013-28163 Via Amendment No. 2 To Lanzo Construction Co. 2. A Resolution Rejecting The Recommendation By Staff And Respective Consultants Atkins North America, Inc. And Street Plans, Inc., Following A Presentation To The Finance And Citywide Projects Committee On March 21, 2013, And Directing Staff To Continue To Evaluate The Reduction Of Prairie Avenue To Eliminate The Current Bicycle Lanes And Study Further The Possibility Of Including An Advisory Bicycle Lane Along Both Prairie Avenue And Royal Palm Avenue; And Further Authorizing The City Manager To De- Program Work Associated In The Construction Of The Valley Gutters, As Well As Proposed Re-Grading And Milling And Resurfacing Along Prairie Avenue, As Outlined In Amendment No 2, And As Authorized Under Resolution 2013-28163; Modifying Such Amendment To Add To The Contract Funds For A One Inch (1") Overlay Of Asphalt Over The Current Existing Roadway, And Resurface The Street To A Drivable Condition During The Experiment And Approval Process For An Advisory Bicycle Lane, By Providing For All Respective Credits And Charges To Be Further Defined And Amended Into The Contract At A Later Date. (Capital Improvement Projects Office) R7H A Resolution Consenting To And Confirming The Appointment Of Sylvia Crespo-Tabak As The Director Of Human Resources For The City Of Miami Beach. (Human Resources) R71 A Resolution Consenting To And Confirming The Appointment Of Mariano V. Fernandez As The Director Of Building Department And Building Official For The City Of Miami Beach. (Human Resources) R7 J A Resolution Consenting To And Confirming The Appointment Of Keith R. Kleiman As The Director Of The Office Of Budget And Performance Improvement For The City Of Miami Beach. (Human Resources) R7K A Resolution Consenting To And Confirming The Appointment Of Eric T. Carpenter As The Director Of Public Works Department For The City Of Miami Beach. (Human Resources) 13 13 Commission Agenda, April 17, 2013 R7 -Resolutions (Continued) R?L A Resolution Approving Option "A" And Accepting The Recommendation Of The City Manager Pursuant To Invitation To Negotiate No. 059-2013ME, For Food And Beverage Services For The Miami Beach Convention Center (ITN), And Authorizing The Administration To Enter Into Negotiations With The Second And Third Ranked Proposers, Centerplate And Aramark; Or, In The Alternative, Approving Option "B" And Rejecting All Proposals In Response To The ITN, And Authorizing The Administration To Include The Provision Of Food And Beverage Services For The Miami Beach Convention Center As A Component Of The Scope Of Services In The New Convention Center Management And Operation Agreement Being Negotiated With Global Spectrum. (City Manager/Procurement) R?M Calling For A Special Election To Amend Charter Section 2.02 With Regard To Term Limits For The Mayor And City Commissioners 1. A Resolution Calling For A , 2013 City Of Miami Beach Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether Miami Beach City Charter Section 2.02 Should Be Amended To Provide That Commencing With The City's General Election In November 2013 The "Consecutive" Term Limit Language Shall Be Deleted, Providing Instead For Term Limits Of Six Years (Three Terms) For Mayor And Eight Years (Two Terms) For Commissioner, Retaining Remaining Provisions In Charter Section 2.02 Including Retroactive Applicability Of Term Limits. 2. A Resolution Calling For A , 2013 City Of Miami Beach Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether Miami Beach City Charter Section 2.02 Should Be Amended To Provide That Commencing With The City's General Election In November 2013 Term Limits Set Forth Therein Are Subject To A Lifetime Ban On Further Election To The City Commission For Individuals Who Have Served 14 Consecutive Years As Members Of The City Commission, Retaining Remaining Provisions In Charter Section 2.02 Including Retroactive Applicability Of Term Limits. (Requested by Commissioner Edward L. Tobin) (Legislative Tracking: City Attorney's Office) R9 -New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk's Office) R9A 1 Board And Committee Appointments -City Commission Appointments. (City Clerk's Office) R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30p.m.) 14 14 Commission Agenda, April 17, 2013 R9 -New Business and Commission Requests (Continued) R9C Update On The Miami Beach Convention Center Project. (City Manager's Office) R9D Discuss A Resolution Urging The United States Congress To Support National Immigration Reform That Leads To A Pathway To United States Citizenship, (Requested by Mayor Matti Herrera Bower) R9E Discuss Repealing Sec. 7 4-1, Entitled "Soliciting Business In Public From Pedestrians" Of The Code Of The City Of Miami Beach, Florida And/Or A Referral To The Land Use And Development Committee To Discuss Said Section 74-1, (Requested by Vice-Mayor Jonah Wolfson) R9F Discuss A Resolution Requiring The Two Short Listed Proposer Firms Being Disqualified If They Do Not Submit The Required Affidavits On Or Before May 1, 2013, For The Convention Center RFQ. (Requested by Vice-Mayor Jonah Wolfson) R9G Discussion Of Actuarial Valuation Reports For The City's Two Pension Plans, The Miami Beach Employees Plan And The City Pension Fund For Firefighters And Police Officers. (Requested by Commissioner Deede Weithorn) R 1 0 -City Attorney Reports R1 OA City Attorney's Status Report. (City Attorney Office) R10B Notice Of Closed Executive Session Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During Recess Of The City Commission Meeting On Wednesday, April 17, 2013, In The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Of Actuarial Valuation Reports For The City's Two Pension Plans, Miami Beach Employees Plan And The City Pension Fund For Firefighters And Police Officers. (Requested by Commissioner Deede Weithorn) 15 15 Commission Agenda, April 17, 2013 Reports and Informational Items 1. Reports and Informational Items (see LTC No. 118-2013) 2. List of Projects Covered by the Cone of Silence Ordinance -LTC. (Procurement) End of Regular Agenda 16 16 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.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' FORUM will be held during the first Commission meeting each month. The Forum is split into two (2) sessions, 12:30 p.m. and 5:30p.m., or as soon as possible thereafter, provided that the Commission Meeting has not already adjourned prior to the time set for either session of the Forum. In the event of adjournment prior to the Stanley Sutnick Citizens' Forum, notice will be posted on MBTV 77, and posted at City Hall. Approximately thirty (30} minutes will be allocated for each session, with individuals being limited to no more than three (3) minutes or for a time period established by the Mayor. No appointment or advance notification is needed in order to speak to the Commission during this Forum. 2. Prior to every Commission meeting, an Agenda and backup material are published by the Administration. Copies of the Agenda may be obtained at the City Clerk's Office on Thursday morning prior to the regularly scheduled City Commission meeting. The Agenda and backup materials are also available on the City's website: www.miamibeachfl.gov the Thursday prior to a regularly scheduled City Commission Meeting. 3. Any person requesting placement of an item on the Agenda must provide a written statement with his/her complete address and telephone number to the Office of the City Manager, 1700 Convention Center Drive, 4th Floor, Miami Beach, Fl 33139, briefly outlining the subject molter of the proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment may be scheduled to discuss the molter with a member of the City Manager's staff. 11 Requests for Agenda Considerotion 11 will not be placed on the Agenda until after Administrative staff review. Such review will ensure that the issue is germane to the City's business and has been addressed in sufficient detail so that the City Commission may be fully apprised. Such written requests must be received in the City Manager's Office no lgt~r than noon on Monday of the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package. Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to those subjects included in their written requests. 4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on item(s)listed on the Agenda, other than public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of the City Clerk, 1700 Convention Center Drive, telephone (305)673-7 411, before 5:00p.m., no later than the day prior to the Commission meeting and give their name, the Agenda item to be discussed, and if known, the Agenda item number. 5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they ore specifically interested, and persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their views. When there are scheduled public hearings on an Agenda item, IT IS NOT necessary to register at the City Clerk's Office in advance of the meeting. All persons wishing to speak at a public hearing may do so and will be allowed sufficient time, within the discretion of the Mayor, to present their views. 6. If a person wishes to address the Commission on an emergency molter, 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 molter 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 Ml 2013 Schedule of City of Miami Beach City Commission and Redevelopment Agency (RDA) Meetings Meetings begin at 9:00 a.m., and are held in the City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. Commission Meetings Alternate Meetings January 16 (Wednesday) January 23 {Wednesday) February 6 (Wednesday} February 27 {Wednesday) March 13 (Wednesday) March 20 (Wednesday) April 17 (Wednesday} April 24 (Wednesday) May 8 {Wednesday) May 22 (Wednesday} June 5 (Wednesday} July 17 Wednesday) July 24 Wednesday) August -City Commission in recess September 11 (Wednesday) October 16 (Wednesday) October 23 (Wednesday) November 6 (Wednesday) -Election related only November 20* {Wednesday} November 27 (Wednesday) December 11 (Wednesday) December 18 (Wednesday) *If runoff election only F:\CLER\$ALl\o City Commission\2013 Schedule of City of Miami Beach.docx 18 CITY CLERK'S OFFICE LOBBYIST LIST April17, 2013 Commission Meeting -::--:-:--:-c-::-----r~---~~--·-···--·- 04/03/2013 Michael Larkin Reymundo Mirando 01/15/2013 12/4/2012 Dr. Leonard Hochstein 12/04/2012 Dr. Leonard Hochstein 02/05/2013 $350 per hour -+----:--~--~-·-· $435 per hour --~---·----·----~·--·----1---:-c---~-·-----------/----,--.,-~---,--,----t Kent Robbins Miami Design Preservation League 02/04/2013 $265 per hour Not for Profit ·--·--·~----·--------------+---·-----·--+-----·---------1 -·-·-·------/----· '-------------------- Updated Wednesday, April 10, 2013 F.\CLERiCOMMON\2013\04172013\LOBBYIST LIST.Docx 19 PA PRESENTATIONS AND AWARDS "tJ )> Presentations and Awards PA 1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For February 2013. (Requested by Commissioner Jorge R. Exposito) PA2 Certificates Of Recognition To Be Awarded To The Co-Founders Of The Winter Party Festival And Dade Human Rights Foundation. (Requested By Commissioner Michael Gongora) PA3 Orange Bowl Presentation To City Of Miami Beach, For Appreciation Of Our Support For The 2013 Discover Orange Bowl And The 2013 Discover BCS National Championship Game. (Requested by Mayor Matti Herrera Bower) PA4 Certificates Of Appreciation To Be Presented To The Miami Beach Women's Conference Committee For Their Support And To The Founders Of The Committee/Women's Exhibit. (Requested by Mayor Matti Herrera Bower) PA5 Proclamation To Be Presented Declaring March 19 To March 23, 2013 As Fashion Week In The City Of Miami Beach. (Requested by Commissioner Jerry Libbin) PA6 Certificates Of Appreciation To Be Presented To Participants Of The First Miami Beach Gun Buyback Event In The City Of Miami Beach. (Requested by Commissioner Jerry Libbin) PA7 Proclamation To Be Presented Declaring April 11, 2013 As Parkinson's Day In Miami Beach. (Requested by Commissioner Jerry Libbin) PAS Proclamation To Be Presented To Dr. Maria Mercedes Pigni. (Requested By Vice-Mayor Jonah Wolfson) PA9 Certificates Of Recognition To Be Presented To Susan Carman, Participant And The Children Trust Employer, In UNlOAD's Senior Placement Program. (Requested By Vice-Mayor Jonah Wolfson) Agenda Item PA 1-'! Date '1-17-1!; 21 THIS PAGE INTENTIONALLY LEFT BLANK 22 C2 COMPETITIVE BID REPORTS Condensed Title: Request For Approval To Issue A Request For Qualifications (RFQ) For A Third Solid Waste Franchise Contractor To Provide Commercial Waste Collections And Dis osal Services. Ke Intended Outcome Su orted: To provide the essential service of solid waste removal to City residents and businesses. Item Summary/Recommendation: The City currently has three (3) contracts for solid waste/recycling collection and disposal with: Waste Management of Dade County, Waste Services, Inc., and Choice Environmental Services of Miami. A press release dated November 16, 2012 stated that Choice Environmental Services Inc. was acquired by Waste Services, Inc. As a result, the number of franchises available to the City for solid waste services will be reduced from three (3) to two (2). This item was referred by the Administration to the FCWPC for discussion and further direction. At its Mach 21, 2013 meeting, the FCWPC Committee made a motion to bring the item back to Commission. Should the City Commission authorize the issuance of a RFQ for a third solid waste franchise contractor to provide commercial waste collection and disposal services, all aforementioned provisions will be included with a term expiring on August 31, 2015 to coincide with the term of the two (2) existing franchise waste haulers. Sanitation Director Alberto Zamora stated the process is anticipated to be completed by June. The Committee recommended bringing the item back to FCWPC with the RFQ so that the City is prepared when the franchise contractor sale is finalized. THE ADMINISTRATION RECOMMENDS APPROVING THE ISSUANCE OF THE RFQ WHEN THE FRANCHISE SALE IS FINALIZED. Advisory Board Recommendation: I n/a Financial Information: Source of Amount Account Funds: 1 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin J. Fink, Ext. 6319 Si n-Offs: Assistant City Manager JGG ~----;-------~~ --~--------~~-w T:\AGENDA\2013\April 17\Waste Hauler RFQ. Summary.docx MIAMI BEACH 24 AGENDA ITEM DATE Approved C;J.A '1-17-13 ~ 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 M the City Commission FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: REQUEST FOR APPROVAL T SSUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR A THIRD SOLID WAS E FRANCHISE CONTRACTOR TO PROVIDE COMMERCIAL WASTE COLLECTIONS AND DISPOSAL SERVICES. ADMINISTRATION RECOMMENDATION The Administration recommends approving the issuance of the RFQ when the franchise sale is finalized. BACKGROUND The City currently has three (3) contracts for solid waste/recycling collection and disposal with: Waste Management of Dade County, Waste Services, Inc., and Choice Environmental Services of Miami. At the July 13, 2011 Commission Meeting, the City Administration requested approval to issue a Request For Qualifications (RFQ) for a fourth solid waste franchise contractor to provide residential and commercial solid waste collection and disposal services. This request was made after one of the then existing four (4) solid waste franchise contractors, General Hauling Services, Inc., was acquired by Waste Services, Inc., leaving the City with three (3) solid waste franchise contractors. The Commission referred the item to the Finance and Citywide Projects Committee (FCWPC). At the January 19, 2012 FCWPC meeting, following discussion on whether to issue the RFQ, the Committee recommended that the itme be brought back to the Committee at the same time as the City's proposed Recycling Ordinance. The three existing franchise contractors requested that an RFQ not be issued. The item was discussed again at the April19, 2012 FCWPC meeting, and the recommendation was to bring the discussion to the full City Commission, determine whether or not to issue the RFQ or accept additional public benefits from the contractors in exchange for keeping the number of solid waste franchise haulers to the three (3) existing contractors. At the May 9, 2012 Commission Meeting, Resolution No. 2012-27904 was adopted as amended. A motion was made to accept exercising the renewal/extension option for one-year only until September 2015, in consideration that the firms will provide $390,000 per year starting immediately, plus $25,000 dedicated for environmental programs through the life of this extension, in addition to what is already being contributed. 25 Issuance of a Request for Qualifications for a third Franchise Solid Waste Contractor April17, 2013 Page 2 of 5 It was noted that, in order for the City to exercise an early renewal of the Franchise Agreements, the City Commission would also have to amend Section 90-230(b) of the City Code, which currently only allows for the renewal of a Franchise Agreement upon expiration of the initial term. At the September 12, 2012 Commission Meeting, the City Commission approved the Ordinance amendment on First Reading. At the October 24, 2012 meeting, the Commission approved the Ordinance on Second Reading. A press release dated November 16, 2012 stated that Choice Environmental Services Inc. was acquired by Waste Services, Inc. As a result, the number of franchises available to the City for solid waste services will be reduced from three (3) to two (2) upon the conclusion of the acquisition. This item was referred by the Administration to the FCWPC for discussion and further direction. At its Mach 21, 2013 meeting, the FCWPC Committee discussed the issuance of an RFQ for a third solid waste franchise contractor to provide commercial waste collection and disposal services, all aforementioned provisions will be included with a term expiring on August 31, 2015 to coincide with the term of the two (2) existing franchise waste haulers. Sanitation Director Alberto Zamora stated the acquisition process is anticipated to be completed by June. The Committee recommended bringing the item back to FCWPC with the RFQ so that the City is prepared when the franchise contractor sale is finalized. ANALYSIS Multi-family buildings with over 8 units are considered commercial accounts and must have solid waste and recycling services provided by one of the City's franchise holders. Multi-family buildings will be able to determine if an offer by a solid waste franchise hauler is acceptable and appropriate, or they may choose to decline. It is a requirement that the franchise holder's written acknowledgement of both the offer and any declination of service, is provided to the City. The Ordinance includes language to allow a multi-family building owner to protest an offer to provide recycling services if viewed as unfair. An appeal for an Administrative Hearing has been added to address this concern in Section 90-231. If an offer of recycling by one of the licensed franchise holders is declined, a multi-family dwelling would then have both the ability and the responsibility to find another qualified and licensed recycling collector to provide service to be in compliance with the City recycling requirement. One of the Ordinance requirements for all franchise holders and a very important component of this program, is that each offer made by a franchise holder to provide recycling services be combined with an appropriate offer to reduce both the volume and the cost of solid waste disposal for that specific multi-family residential building. In such way, the multi-family residential building should be able to decrease solid waste disposal costs that will either neutralize or minimize any potential cost increase associated with the provision of recycling services. The specific numbers in the proposal as to the reduction of wastes for the cost associated with any of the services is left between the two parties to negotiate and reconcile. SCOPE OF SERVICES: The services provided by the successful Proposer will be in accordance with Ordinance No. 2008- 3616. A copy is attached and incorporated herein by reference. 26 Issuance of a Request for Qualifications for a third Franchise Solid Waste Contractor April17, 2013 Page 3 of 5 MINIMUM REQUIREMENTS I QUALIFICATIONS: ALL FIRMS THAT SUBMIT A PROPOSAL FOR CONSIDERATION ARE SUBJECT TO AND MUST MEET THE MINIMUM QUALIFICATIONS FOR THE CITY'S GRANTING OF WASTE CONTRACTOR FRANCHISES, AS SET FORTH IN SECTION 90-229 OF THE CITY CODE (AS AMENDED ON SEPTEMBER 17, 2008), AND AS PROVIDED BELOW. IF THE MINIMUM QUALIFICATIONS ARE NOT MET, THE PROPOSER'S SUBMITTAL WILL BE DEEMED NON- RESPONSIVE. Sec. 90-229. Selection of franchise waste contractors. (a) Except as provided in section 90-233, the city shall license not more than three (3) franchise waste contractors for residential and commercial waste collections and disposal as provided in section 90-97. Each applicant for a garbage and trash disposal license or renewal thereof shall submit, in writing, a list of its qualifications. The minimum qualifications to be considered in the granting of such license shall include: (1) Evidence of the applicant's ability to fulfill all duties and requirements of a franchise waste contractor as set forth in this chapter, including proper certification and adequate insurance coverage. (2) Certification that the applicant has never defaulted on any government contract or bid award. (3) Evidence that the applicant has the potential for a significant amount of business within the City, comprised of either a minimum of 50 committed accounts within the city or, in the alternative, the city commission may accept, in its sole discretion, 50 comparable committed accounts from outside of the city. (4) Certification that there are no unsatisfied judgments against the applicant. (5) Certification that the applicant is not, and will not be, throughout the term that it has a license, affiliated with, as a parent, subsidiary, by virtue of an interlocking directorate, or otherwise, an affiliated entity of any existing licensee or any applicant for a licensee under section 90-191 et seq. (6) The applicant's ability and commitment to provide the city and its businesses and multi- family residences with (i) good service; (ii) competitive prices; (iii) demonstrated and/or proposed green initiatives; and (iv) ability and commitment to provide such additional "public benefit(s)" to the city which may include, without limitation: provision of additional waste collection, disposal, and recycling services (at no cost to the city) to city right of ways, city-owned public buildings, parks, and/or beaches; voluntary cost and/or fee reductions; and/or such other city public benefits and services as the city manager may, in his reasonable judgment and discretion, from time to time, require. (b) If more than one applicant for a franchise waste contractor's license qualify under the minimum qualifications of this division, license issuance shall be determined by the city commission based upon applicant(s) that the City Commission deems, in its judgment and discretion, and having considered the recommendation of the city manager, to have provided the most significant public benefit (s) to the city (pursuant to subsection 90-229(a)(6)). 27 Issuance of a Request for Qualifications for a third Franchise Solid Waste Contractor April17, 2013 Page 4 of 5 (c) In lieu of accepting applications from new applicants as set forth above, the city commission may choose to issue new licenses to previous licensees. The decision shall be based on the criteria set forth in section 90-230. EVALUATION SELECTION PROCESS The procedure for response, evaluation and selection is as follows: 1. Request for Qualifications issued. 2. Receipt of responses. 3. Opening of responses and determination by City if responses meet the Minimum Requirements of the RFQ. This determination shall be made by the City Administration, which shall evaluate proposal in accordance with the requirements of the RFQ including, without limitation, compliance to the Minimum Requirements and Chapter 90 of the City Code, as amended by Ordinance No. 2008-3616. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each responsive proposal and shall make its recommendation in accordance with the requirements of this RFQ, based on the following criteria: The experience and qualifications of Solid Waste Contractors and Key personnel's ability and commitment to provide the City and its businesses and multi-family residences with: CUSTOMER SERVICE: Good service as evidence by performance evaluation surveys received. Respond to complaints in a timely matter, age of the fleet to be used and condition of equipment (i.e. dumpsters), ability to maintain equipment: 25 points PRICING: Competitive prices: 25 points GREEN INITIATIVES: Demonstrated and/or proposed green initiatives: 25 points VALUE ADDED SERVICES: Ability and commitment to provide such additional "public benefit(s)" to the City which may include, without limitation: provision of additional waste collection, disposal, and recycling services (at no cost to the City) to city right-of-way, City- owned public buildings, parks, and/or beaches; voluntary cost and/or fee reductions; and/or such other city public benefits and/or services as the city manager may, in his reasonable judgment and discretion, from time to time, require: 25 points Total: 100 points LOCAL PREFERENCE: The Procurement Division will assign an additional five (5) points to Miami Beach-based Proposers as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The Procurement Division will assign an additional five (5) points to Proposers, which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. 28 Issuance of a Request for Qualifications for a third Franchise Solid Waste Contractor April17, 2013 Page 5 of 5 5. If further information is desired by the Committee, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 6. The Evaluation Committee will recommend to the City Manager the response or responses acceptance of which the Evaluation Committee deems to be in the best interest of the City. 7. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the Mayor and Commission the proposal or proposals acceptance of which the City Manager deems to be in the best interest of the City. 8. The City Commission shall consider the City Manager's recommendation(s) as it deems appropriate, and approve the City Manager's recommendation(s); may make its own recommendation (s); may reject all proposals; or may prescribe such other action, as it deems necessary and in the best interest of the City. 9. Following recommendation of award by the City Commission, negotiations between the selected Proposers and the City Administration take place to arrive at a contract. If the Mayor and Commission has so directed, the City Manager may proceed to negotiate a contract with a proposer other than the top-ranked proposer if the negotiations with the top-ranked proposer fail to produce a mutually acceptable contract within a reasonable period of time. 1 0. A proposed contract or contracts are presented to the Mayor and Commission for approval, modification and approval, or rejection. 11 . If and when a contract or contracts acceptable to the respective parties is approved by the Mayor and Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s) has (or have) done so. CONCLUSION The Administration recommends approving the issuance of the RFQ when the franchise sale is finalized. JG RS T:IAGENDA\2013\APRIL 17\WASTE HAULER RFQ-MEMO.DOC 29 IBE Solicitation No.: Requesting Department: Public Works MINIMUM ELIGIBILITY ®RITERIA: Request for Issuance ARRroval Solicitation Title: Request For Approval To Issue A Request For Qualifications (RFQ) For A Third Solid Waste Franchise Contractor To Provide Commercial Waste Collections And Disposal Services Department Contact: Jay Fink, Assistant Public Works Director ALL FIRMS THAT SUBMIT A PROPOSAL FOR CONSIDERATION ARE SUBJECT TO AND MUST MEET THE MINIMUM QUALIFICATIONS FOR THE CITY'S GRANTING OF WASTE CONTRACTOR FRANCHISES, AS SET FORTH IN SECTION 90-229 OF THE CITY CODE (AS AMENDED ON SEPTEMBER 17, 2008), AND AS PROVIDED BELOW. IF THE MINIMUM QUALIFICATIONS ARE NOT MET, THE PROPOSER'S SUBMITTAL WILL BE DEEMED NON-RESPONSIVE. S®0PE 0F SERVI®ES: The services provided by the successful Proposer will be in accordance with Ordinance No. 2008-3616. Copies attached and incorporated herein by reference. *After evaluation Committee has completed its review proposals, the Procurement Division add for local and veteran's preference in accordance with the applicable ordinance Amount: 30 ORDINANCE NO. 2008-3616 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY AMENDING CHAPTER 90, ENTITLED "SOLID WASTE," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 90-2, ENTITLED "DEFINITIONS," BY AMENDING DEFINITIONS CONCERNING WASTE COLLECTION, BY AMENDING ARTICLE IV, ENTITLED "PRIVATE WASTE COLLECTORS/CONTRACTORS," BY AMENDING DIVISION 2, ENTITLED "LICENSE AND PERMIT," BY AMENDING SECTIONS 90- 191, 90-192, 90-193, AND 90-195 TO CLARIFY PROVISIONS REGARDING LICENSES, PERMITS, INDEMNIFICATION, AND INSURANCE FOR INDEPENDENT CONTRACTORS, BY AMENDING DIVISION 3, ENTITLED "FRANCHISE," OF ARTICLE IV BY AMENDING SECTIONS 90-221, 90-222, 90-223, 90-224, 90-225, 90- 228, 90-229, 90-230, AND 90-233 BY AMENDING FRANCHISE FEE PROVISIONS, PROVIDING PROVISIONS FOR RECYCLING AND WASTE CONTRACTORS WITH REGARD TO FRANCHISE FEES, ACCOUNT INFORMATION, MONTHLY REPORTS, THE HANDLING OF COMPLAINTS, REGULATIONS FOR SERVICING DUMPSTERS, COMPACTORS, AND GARBAGE FACILITIES, THE SELECTION OF FRANCHISE WASTE CONTRACTORS, THE RENEWAL OF WASTE ' CONTRACTORS' FRANCHISE AGREEMENT CONTRACTS, THE EXEMPTION TO PROVIDE FOR RECYCLING, AND THE REVOCATION OF FRANCHISES, BY ADDING A NEW SECTION 90- 231 TO PROVIDE RECYCLING REQUIREMENTS FOR WASTE CONTRACTORS, AND RENUMBERING SECTIONS 90-232 THROUGH 90-235 ACCORDINGLY, BY AMENDING DIVISION 4, ENTITLED "SPECIALTY CONTRACTORS," OF ARTICLE IV BY AMENDING SUBDIVISION II, ENTITLED "ROLLOFFJWASTE CONTAINER CONTRACTORS," BY AMENDING SECTIONS 90-276 THROUGH 90- 281 TO AMEND LICENSE AND PERMIT REQUIREMENTS AND FEES, PROVIDING PENALTIES FOR FAILURE TO OBTAIN A PERMIT, INCREASING THE ON-STREET AND OFF-STREET PERMIT FEES FROM 16% TO 18% OF THE LICENSEE'S TOTAL MONTHLY GROSS RECEIPTS, AMENDING MONTHLY REPORT AND AUDIT PROVISIONS, AND ADDING IDENTIFICATION REQUIREMENTS AND LOCATION, USE, AND OVERFLOW RESTRICTIONS; BY AMENDING SUBDIVISION Ill, ENTITLED "RECYCLING WASTE CONTRACTORS," OF DIVISION 4 OF ARTICLE IV BY AMENDING SECTION 90-307 WITH REGARD TO THE EXPIRATION OF LICENSES AND CREATING SECTION 90-310 TO SET FORTH THE REGULATIONS APPLICABLE TO RECYCLING WASTE CONTRACTORS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, in order to better serve the City of Miami Beach's goals of sustainability and environmental stewardship, recycling for multi-family residential buildings should be included in the services provided by the City's franchise waste collectors; and 31 WHEREAS, in order to take full advantage of soon to be implemented single stream recycling in the City, amendments to the City Code are required to provide regulations and requirements for expanded recycling activities of franchise waste contractors; and WHEREAS, the City's internal auditor has identified, through field audits, the need for certain ministerial amendments to Chapter 90 to provide clarity as to the implementation of various provisions throughout Chapter 90 of the City Code. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Article I, entitled "In General," of Chapter 90, ~ntitled "Solid Waste," of the Miami Beach City Code is hereby amended as follows: Chapter 90 SOLID WASTE Article I. In General Sec. 90-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Construction and demolition debris means di§carded material generally considered not to ~ water-soluble or hazardous, including, without limitation, steet concrete. glass. brick, asphalt roofing material 1 or lumber from a construgion or demolitign prgject. Commingling constryction and demolition debris with any amount of other tvpes of solid waste will cause it to be classified as other than construction and demolition debris. * * * Grapple service means the usage of a claw~like device such as, but not limited to, bobcats. self load§rs. loaders, Sllnd backhoes to pick up construction and demolition debris and/or large guantitie§ of trash and/or bulky waste, but not garbage or commercial refuse, and to place it into a truck for disposal. Graegle service contractor means a private waste contractor licensed bY the City tg perform grapple service. * * * Portable container means a dumpster. rollaway or similar container designed for mechanized collection. 2 Private waste collector/contractor means any person engaged in the business of collecting and disposing of waste within the city limits wR& that has a current occupational license for conducting such activity issued by the city. * Rolloff container means a metal container1 compacted or open. approved by the city manager that is '<'V~~h a mlnim~:tm GapaGity m ton QubiG yards designed and used by commercial haulers for the collection and disposal of construction and demolition debris and/or large quantities of trpsh and/or bulky waste. but not garbage or commercial refuse.to be transported tly a moter~ed vehisle. * Relloff sootaim;, .. means an epen metal sontainor appro>1ee for use by the Gity manager, with a minimum eapaslty Gf ten GubiG yards, used 'for ti:!e purpeee m remeving sonstruotion deliria~ whish insludes rosk, metal and other materials used in sonneotion with a construatien prejeat or fer the removal of large quantities of trash and sulky 'Naste. Ro/loff contractor means a private waste contractor licensed by the city who uses rolloff containers for the collection and disposal of construction and demolition debris and large quantities of trash and/or bulky waste .. but not garbage or commercial refuse. * White goods mean& discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. SECTION 2. That Division 2, entitled "License and Permit," of Article IV, entitled "Private Waste Collectors/Contractors," of Chapter 90 of the Miami Beach City Code is hereby amended as follows: Chapter 90 SOLID WASTE * * Article IV. Private Waste Collectors/Contractors * Division 2. License and Permit 3 '-33---------~~~--- Sec. 90-191. Licenses, permits, indemnification,~. and insurance required for all independent contractors. The requirements of this division are to: (1) Ensure and facilitate the collection of license fees, to provide uniformity and quality of service from the licensees; (2) Minimize wear and tear and traffic congestion and noxious and noisome materials, odors and activities in and around city streets, roads, avenues and other public right-of-ways; and (3) Assure that the citizens of the city have safe, efficient, sanitary and qualified licensed garbage and trash disposal contractors pursuant to the provisions of this division. · Sec. 90-192. Business license required. (a) Except as provided elsewhere in this chapter, no person shall engage in the business of removing, disposing of or collecting any kind of waste, garbage, trash, baled trash, recycling waste, hazardous or biohazardous waste within the city without having been approved by the city manager, and having secured a business license for such individual activity. The business license will be issued promptly when the applicant has paid the license fee and has met all applicable requirements as set forth in this division and in chapter 18 of this Code. (b) Business licenses for private waste contractors shall be classified as follows: (1) Franchise waste contractors. (2) Rolloff and grapple service contractors. (3) Recycling contractors. (4) Hazardous waste contractors. (5) Biohazardous waste contractors. (c) Franchise waste contractors shall not be required to obtain separate city licenses for servicing rolloffs and portable containers, collection of hazardous and biohazardous waste, and recycling activities. (d) The city manager shall have the authority to create any additional license classifications as deemed necessary to protect the public health and welfare when approved by the city commission. (e) Issuance of a business license shall require completion of an application form showing the name of the person to be licensed, or in the case of a corporation or other business entity, the names of the principal partners, owners, officers and directors or the name of the person who will actually manage and operate the business, together with the business and home address of each person, the description of the equipment to be used in such removal, transportation and disposal, and a description of the method of disposal, including the location of all garbage disposal facilities vehicles, and equipment to be used. The application must be approved by the city manager prior to the issuance of the license. The applicant shall also provide evidence that any disposal facility described is licensed or approved by the proper authorities of the county and municipality where such facility is located. No licensee under this section shall substitute the permanent personnel named in its application, nor the equipment or methodology for removal, transportation or disposal nor the location of disposal facilities 4 described in its application without first having reported such changes to the city manager and secured his approval of the substitution. In the case of changes in the location of disposal facilities, such changes shall also be approved by the proper authorities of the county and municipality where such disposal facility is located. (f) Licenses granted to private waste contractors pursuant to this section shall not be assigned, nor shall the licenses remain valid if the controlling stock ownership or voting rights of any corporate licensee are transferred or assigned, except with the express approval of the city manager, ·.vhich approval shall Rat se I::IRreasaRasly withheld. When the licensee is also a franchise waste contractor, assignment of its license and/or franchise agreement or transfer of controlling stock ownership or voting rights must have the express approval of the city commission. The foregoing restrictions on stock transfer shall not apply to corporations whose common stock is traded over the New York Stock Exchange or the American Stock Exchange or that are institutional lenders. In the event of assignment, the assignee shall execute an agreement of acceptance, subject to the approval of the city manager, evidencing that such assignee accepts the assignment subject to any or all of the provisions of this division and of any applicable franchise agreement between the city and the licensee, which acceptance shall include an affirmative statement evidencing such assignee's intent to fulfill the obligations imposed under this division. Notwithstanding the city's approval of an assignment of a franchise agreement and the assignee's acceptance, the original licensee shall guarantee the performance of its assignee; and such assignment shall always be with full recourse to the original licensee. (g) All firms doing business as specified in subsection (b) of this section within the city limits without obtaining the required city business license will be subject to all enforcement procedures and penalties as set forth in section 102-356 et seq. Failure to comply with the regulations set forth in this chapter or in chapter 18 of this Code may result in the suspension or revocation of the business license pursuant to chapter 18. Sec. 90-193. Permit required. The city manager shall require and will issue a permit for each garbage, trash, recycling, hazardous and biohazardous waste, and rolloff/portable container, and all waste accounts located in the city serviced by a private waste contractor. The permit for waste collection shall be issued by the city manager after the contractor has complied with all business license requirements and all other requirements of this chapter and has been cleared by the city's finance department, 1::1tility silliRg aivisiaR. Rolloffs, portable containers and containers for recycling or hazardous and biohazardous wastes shall be included, except that all recycling containers situated in a single location on a property shall require only one permit. * * * Sec. 90-195. Indemnification. Each private waste contractor including rolloff and grapple service contractors shall execute an indemnification agreement whereby the contractor promises to indemnify, hold harmless and defend the city, its officers, agents and employees, against and assume all liability for any and all claims, suits, actions, damages, liabilities, expenditures or causes of actions of any kind arising from waste collection and/or disposal activities and/or the use of the public streets for the purposes authorized in this division and resulting or accruing from any negligence, act, omission or error of the pri•nate waste contractor, its officers. agents or employees and/or arising from the 5 -35 failure of the contractor, its officers, agents or employees, to comply with each and every covenant of any applicable franchise agreement with the city or with any other city or county ordinance or state or federal law applicable to its activities resulting in or relating to bodily injury, loss of life or limb or damage to property sustained by any person. The contractor shall save the city, its officers, agents, and employees, harmless from and against all judgments, orders, decrees, attorney's fees, costs, expenses and liabilities incurred in and about any such claim, investigations or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. The contractor shall defend, at his sole cost and expense, any legal action, claim or proceeding instituted by any person against the city, its officers, agents and employees, as a result of any claim, suit or cause of action accruing from activities authorized by this division fGF injuries to eody, lime or property as set forth in this section. SECTION 3. That Division 3, entitled "Franchise" of Article IV, entitled "Private Waste Collectors/Contractors," of Chapter 90 of the Miami Beach City Code, entitled "Solid Waste," is set forth below and hereby amended as follows: Sec. 90-221. Required; fees. CHAPTER 90 SOLID WASTE * * * Article IV. Private Waste Collectors/Contractors * * Division 3. Franchise For a period of one year after the signing of a franchise agreement with the city, each franchise waste contractor shall pay to the city a franchise fee consisting of a percentage of the licensee's total monthly gross receipts established by resolution of the city commission. The city shall have the option of raising the franchise fee once yearly. Such raises shall not exceed two percent of the licensee's total monthly gross receipts yearly and shall be imposed only by resolution after a public hearing with 30 days' prior notice to all franchise waste contractors. The term "gross receipts" as used in this section shall mean the entire amount of the fees collected by the licensee, including. but not limited to 1 fuel surcharge fees. rolloff placement and movement fees. etc .. exclusive of taxes as provided by law, whether wholly or partially collected, within the city, for solid waste removal and disposal. Gross receipts from servicing rolloff and portable containers are not included under the franchise fee due to the city and shall be subject to section 90-276. Sec. 90-222. List of accounts. (a) The licensed contractor shall provide the city manager: 6 36 {1) A current list of the names and addresses of each account, upon initial application and upon application for renewal of its business license; (2) The frequency of service; (3) The permit number and capacity of each waste/solid waste dumpster and compactor as per account; aAd .(il The permit number and capacity for each recycling container as per account ~@ The address serviced by each waste/solid waste dumpster and compactor. !§.1 The address serviced by each recycling container. (b) No property owner may share an account with another property owner. (c) The licensed contractor shall notify the city manager in writing on a monthly basis of any changes in its list of accounts. Sec. 90-223. Monthly report. The licensee licensed contractor shall deliver to the finance department irecter ana tt:le city manager a true and correct monthly report of gross receipts generated during the previous month from accounts within the city on or before the last day of each month. This detailed monthly report shall include the customer names, service addresses, account numbers, and the actual amount of waste/solid waste and of any recyclable materials collected from each customer. Payments of the fee shall be made monthly to the finance departmentifectef, on or before the last day of each month, for gross receipts of the previous month. Tt:le licensees Licensed contractors D!\'ing annwal gfiss receipts f!UUUhU1l2 tbe Citv e)t-er 1500.00Q shall on or before 60 ~ days following the close of its fiscal year deliver to the finance department~ anEi the city manager a statement of its annual gross receipts generated from accounts within the city certified by an independent certified public accountant reflecting gross receipts within the city for the preceding fiscal year. The contractor's failure to provide either the certified statement of annual gross re®iots or a written explanation approved by tne cltv manQa!?r within the reguired time frame may result in the initiation of license revocation prg®edings. Sec. 90-224. Audit o.r inspection of licensee's books and records. The licensee licensed contractor shall allow the city auditors at any reasonable time after reasonable notice, to audit, inspect and examine the licensee's fiscal contractor's books and records and state and federal tax returns, insofar as they relate to city accounts, to confirm the licensee's contractor's compliance with this division. This information shall include, but not be limited to ... the following: billing rates, billing amounts. sequentially pre-numbered invoices. signed receipts. trip tickets, computer records, general ledgers and accounts receivable. Failure to provide requested and complete records will result in the initigltion of license revocition proceedings. Additionally, the city's auditors may communicate directly with customers of the licensee licensed contractor for the purpose of confirming compliance with this division. 7 Sec. 90-225. Failure to pay franchise fee. If the lisensee licensed contractor fails to timely pay the full franchise fee as set forth in section 90-221, the lisensee licensed contractor shall pay any and all of the city's expenses for collection of same, including but not limited to court costs, audit costs and reasonable attorney fees. If the lisensee licensed contractor fails to pay the full franchise fee on or before the last day of each month, interest shall accrue on the amount due at the highest lawful rate of interest. * Sec. 90-227. Handling of complaints. Each franchise waste contractor shall maintain an office in tRe Miami-Dade Csounty with adequate staff and telephone service to handle and resolve all incoming calls and complaints between the hours of 8:00a.m. and 4:00p.m., Monday through Friday, of each week, excluding holidays. Between the hours of 4:00p.m. and 8:00a.m., Monday through Friday, and all day on Saturday and Sunday, including holidays, each contractor shall maintain an answering service or answering machine to receive incoming calls and complaints. Any complaints received by the contractor before 12:00 noon shall be resolved before 4:00 p.m. of that same day. Complaints received after 12:00 noon but before 8:00 a.m. shall be resolved before 12:00 noon of the following day. An emergency telephone number where the contractor may be reached shall be given to the city manager. Sec. 90-228. Regulations for servicing dumpsters, compactors and other garbage facilities. Garbage collection equipment shall consist of trucks with leakproof and enclosed bodies with compactors and sanitizing materials in each truck, and covered in leakproof garbage dumpsters. The location of each dumpster, compactor, recyclable material container, and other garbage facility shall be approved by the city manager, and a permit will be issued for each. No dumpster, compactor. recyclable material container. or other garbage facility shall be placed or serviced until such permit is issued. In case such facility is delivered by a contractor without a permit, the city shall still receive payment for the account in computing the franchise fee due pursuant to section 90-221. bisensees Licensed contractors shall return dumpsters, compactors. recyclable material containers, and other garbage facilities to such approved locations after servicing. Compactors shall not be installed without permits from the city's building services department and the sity manager. Each garbage or recyclable material facility, insl~::~ding d~::~mpsters, must bear the name of the lisensee licensed contractor and must be serviced and sanitized at least twice weekly. Garbage or recyclable material facilities located on public property without a city permit for the location shall be deemed abandoned and will be removed by the city at the owner's expense, pursuant to section 90-331 et seq. Service pickups by trucks are to be made from streets and driveways;.~trucks used for this purpose shall not be driven or parked on sidewalks at any time. bisensees Contractors may not park any garbage or recyclable material truck on public or private property within the city when not being used to service accounts. Collection time for all waste or recyclable material shall be between the hours of 7:00 a.m. and 7:00 p.m. only. All permanent employees of franchise waste and recyclable material contractors shall carry identification cards approved by the city manager at all time while serving accounts. In addition to the required garbage and recyclable material collection by private 'Naste sellesters licensed contractors pursuant to the provisions of this section 90-228 and other requirements contained in chapter 90, such lisensees contractors shall include the 8 38 collection, GRJ.y of garbage, rubbish.~, aR6 trash, and recyclable materials as defined in this chapter, up to and within that immediate area of the owner's private property line where a dumpster, compactor. recyclable material container, and other garbage facility may be located and, at a minimum, within a radius of ten feet surrounding the location of said dumpster, compactor, regyclable material container. and other garbage facility, regardless of whether such garbage, rubbish,~, aR6 trash,~, or recyglable materials may or may not be included or secured with a dumpster, compactor, recyclable material container, and other garbage facility. Such immediate collection of garbage, rubbish.~, aR6 trash or recyclable materials shall be incorporated by licensees contractors as part of their regularly scheduled service pickups. Sec. 90-229. Selection of franchise waste contractors. (a) Except as provided in section 90-2~~. the city shall license not more than five franchise waste contractors for residential and commercial waste collections and disposal as provided in section 90-97. Each applicant for a garbage and trash disposal license or renewal thereof shall submit, in writing, a list of its qualifications. The minimum qualifications to be considered in the granting of such license shall include: (1) Evidence of the applicant's ability to fulfill all duties and requirements of a franchise waste contractor as set forth in this chapter, including proper certification and adequate insurance coverage. (2) Certification that the applicant has never defaulted on any government contracts or bid awards. (3) Evidence that the applicant has the potential for a significant amount of business within the city, comprised of either a minimum of 50 committed accounts within the city or, in the alternative, the city commission may accept, in its sole discretion, 50 comparable committed accounts from outside of the city. (4) Certification that there are no unsatisfied judgments against the applic~nt. (5) Certification that the applicant is not.~, and will not be, throughout the term that A6 l! has a license, affiliated with.~, as a parent, subsidiary, by virtue of an interlocking dicertorate directorate, or otherwise, an affiliated entity of any existing licensee or any applicant for a licensee under section 90-191 et seq. {6} The a!;!!;!licant's ability and commitment to grovide the gitv and its resider:tees ar:td gysinesses and multi-family residences with (i) good service; {il) comgetitive grices; (iii) demonstrated and/or proposed green initiatives: and (ivl ability and commitment to provide such additional "public benefit(s)" to the city which may include, without limitation: provision of additional waste collection, disposal, and/or recvgllng urvices {at no cost to the city) to city right of ways, city-owned public buildings, parks, and/or beaches; voluntary cost and/or fee reductions; and/or such other city public benefits and/or services as the city manager may, in his reasonable judgment and discretion, from time to time. require. (b) If more than one applicant for a franchise waste contractor's license qualify under the minimum qualifications of this divisions, license issuance shall be determined by the city commission based upon the greatest number of committed acsounts, either within the city or, vmore tho city commissioA has so accap~d same, in its dieoration, frem autskie tl:!a city 9 "--Jg--------~------ agplicant(s) that the City Commission deems, in its judgment and discretion. and having considered the recommendation of the citJ' manager. to have 0rovided the most significant public benefit{s) to the city {pursuant to subsection 90-229(a}(6)). (c) In lieu of accepting applications from new applicants as set forth above, the city commission may choose to issue new licenses to previous licensees. The decision shall be based on the criteria set forth in section 90-230. Sec. 90-230. Renewal of contracts. After May 4, 1 QQ 1 October 1. 2008, franchise waste contractors' franchise agreements within the city shall be valid for a period of seveR three years from the date of contract. At the expiration or earlier revocation of the franchise, the city commission may choose, in its sole discretion, to accept applications for new franchise waste contract licenses conditioned and limited as noted above or, in the alternative, to renew licenses previously issued for an additional five three year period. In deciding to issue new licenses and/or accepting applications from applicatioRs for license, the city commission will consider the following factors: (1) The licensee's full and faithful compliance with all the terms of this chapter. (2) The licensees and/or applicants who best meet the qualifications established by this division for the issuance of the license. (3) The current garbage, trash .. aR9 waste, and recyclable materials disposal needs of the city, including .. without limitation .. population, demographic and geographic needs and state and federal requirements. Sec. 90-231. procedures. Recycling requirements for franchise waste contractors.r; protest {a) Recycling requirements. (1) Each franchise waste contractor shall. as a condition of the franchise, be required to offer directly or to provide for a subcontract for recycling services for any multi~family residence with eight or more units for which solid waste services are provided as a franchise waste contractor. {~2) Everv contract with a multi-family residence by a franchise waste contractQr for waste removal services shall also include a proposal to provide the recygling service~ required pursuant to Miami~Dade County Code. Such recycling proposal shall be specifically made to maximize the recycling activity at each multi-famil;,: residenc§. Such , proposal shall provide for sufficient flexibility in recyclable materials cootiiner size and location as is both necessarv and consistent for that specific multi~family residence. (G3) Whether directly provided or subcontracted with a qualified recycling contragtor1 each multi-family residence recycling groposal shall be required to disclose to the contract holder the savings offset that is antici 0ated from the franchise waste contractor's waste hauling agreement with the mu!ti~family residence as a result of the provision of recycling services and the reduction of solid waste dispQsed. The recvcling proposal and the reoulred savings offset from the solid waste hauling agreement is 10 40 strictly within the purview of the franchise waste contractor and individual multi-family residence to negotiate. (tWl For existing contracts between franchise waste contractors and multi-family residenQ!s as to the removal gf solid waste. thQ§I contracts shall be mgdified to add a requirement for recycling services consistent with the provisions of segljon 90-231{ble Existing franchise waste and recycling contract agreements with multi-family residences shall have a six month period from the effective date of this subsection to amend their agreements to make the reguired recycling provisions. (b} Protest procedures. In the event that the bid and/or price quote (hereinafter. the offer) provided by the licensed contmctor to the owner (or condominium association) of a mutti-family residence is deemed unfair by said owner or association, the owner or association may file a protest with the city manager. /jny such protest must be submitted in writing to the city manager: must be made within thirty (30} days of receh~t of the offer by the owner or association; must include a CORY of the written offer made to the owner or association; and must clearly state the reasons and groynds that the owner or association considers the offer to be unfair. Protests not made within the time period set forth in the preceging sentence shall be time-barred and shall receive no fyrther consideration. UpQn receipt of a timely written protest In the form 1 and with the supporting documentation, required pursuant to this section, the city manager shall have thirty (30) days to direct that an administrative hearing be scheduled to consider the protest (which hearing need not necessarily be held within the 30 day period}. The hearing shall be conducted by the city manager. or a designee appointed by the clw manager, and shall be conducted in accordance with the provisions established pursuant to section 1 02-385 of the Code. At the hearing. the citv manager or his designee may hear testimony and consider any r§llevant eyidence from the parties regarding the subject protest and. at the conclusion of the hearing. the city manager or his designee shall make a written determination as to the fairness gr unfairness of the protest. An offer shall not be d!§med lo Qe unfair if it provides for prices. terms, and services as would be provided to buildings of comparable size and character within the area. and is competitive within the local industrv standards. If the offer is deemed unfair. the city manager. or the city manager's designee. shall reguire the licensed contractor to provide the owner or association with a new offer that meets the minimym criteria for fairness, as established in the preceding sentence. The contra<(tor's failure or refusal tg provid@ a fair alternate offer may be grounds for the city manager, or the city manager's designee. to suspend or revoke the franchise. Sec. 90-234~. Bankruptcy or insolvency. If the gr=antee licensee becomes insolvent 8RG or if the licensee files a petition of voluntary or involuntary bankruptcy, its franchise shall terminate no later than the date of filing of the bankruptcy petition. 11 --41-- Sec. 90-232~. Exemption to provide for recycling. (a) Notwithstanding any other provisions of sections 90~221 through 90·231 until such time as the city may establish recycling requirements for multi:family residences and commercial establishments, the city manager may continue to license individual recycling contractors pursuant to section 90-306 et seq., who may then be authorized to collect and recycle recyclable materials. (b) Additionally, notwithstanding any other provision of this chapter, if the city commission decides at any time to establish a citywide recycling program for multi:family residences and/or commercial establishments, or enacts an ordinance requiring commercial establishments and/or multifamily residences to recycle, the city manager shall meet with the current franchise waste contractors as provided in F.S. § 403.706(a) for the purpose of negotiating terms and regulations connected with provision of such recycling services. The terms, including rates charged by contractors in the city for these services, shall be comparable to those established in other municipalities in Dade, Broward and Palm Beach counties for provision of similar recycling services. If none of the franchise waste contractors come to an agreement with the city within 60 days, the city may, at its option, provide for recycling services by: (1) Entering into an agreement with other persons to provide recycling services to accounts serviced by franchise waste contractors; (2) Entering into interlocal agreements; and/or (3) Licensing new franchise waste contractors who are willing to provide the recycling services required by the city and who shall also have all privileges and duties of franchise waste contractors as set forth in this division, including collection and disposal of solid waste. (c) Franchise agreements between the city and the franchise waste contractors shall require that ... in the event the city mandates recycling for multi:family residences and/or commercial establishments, any franchise waste contractor who does not enter into agreement with the city to provide the required recycling services shall, at that time, notify the accounts it services in writing informing those accounts that they may, within 60 days of receipt of the notice, elect to terminate their then existing contracts with the contractor. If the city enters into agreement for provision of recycling services other than by interlocal agreement with only one or two contractors, rates charged for recycling services in the city by those contractors shall be set by the city commission. Sec. 90-2J3!. Revocation of franchise. Failure on the part of a franchise waste contractor to comply in any material way with the provisions of this chapter or of its franchise agreement with the city shall be grounds for termination of its franchise, but no such termirlation shall take effect if the reasonableness or propriety thereof is protested by the contractor until a court of competent jurisdiction (wlth right of appeal in either party) shall have found that the contractor has failed to comply in material respect with any of the provisions of this chapter or of the contractor's franchise agreement with the city. If such protest is filed, the contractor shall continue to pay the city the franchise fee required by this chapter and its franchise agreement with the city. 12 42 Failure to offer directly or to provide a viable and qualified recycling subcontractor will result in a material breach of the franchise agreement and will be cause for such franchise to be revoked by the city consistent with the provisions of this section. Sees. 90-234~·-90-255. Reserved. SECTION 4. That Subdivision II, entitled "Rolloff Waste Container ContraCtors," of Division 4, entitled "Specialty Contractors," of Article IV, entitled "Private Waste Collectors/Contractors,'' of Chapter 90 of the Miami Beach City Code entitled "Solid Waste" is hereby amended as follows: CHAPTER 90 SOLID WASTE * * * Article IV. Private Waste Collectors/Contractors * * Division 4. Specialty Contractors Sec. 90-276. License required. * * * Subdivision II. Rolfoff/Portab/e Waste Container Contractors Except as provided elsewhere in this article, no person shall engage in the business of removing or disposing of construction and demolition debris or large quantities of trash from any premises within the city limits without first securing a license for such activities from the city manager by paying the license fee as set forth in chapter 18 of this Code and without showing proof of insurance as required in section 90-191 et seq. However, franchise waste contractors shall not be required to obtain a separate license to service rolloffs or portable containers within the city. Sec. 90-277. Permits required. No rolloff container,.Gf sonstrustien dumpster or portable container shall be placed or located within the city limits without a permit from the city manager. Failure to obtain a permit will result in a penalty of $100 per location. Sec. 90-278. Fees and requirements. The permit fees and requirements for rolloff waste container and grapple service contractors shall be as follows: 13 43 (1) On-street permit fee. When the rolloff container is to be located on the street, the permit fee shall be 1§6 percent of the licensee's licensed contractor's total monthly gross receipts for the month in which the permit was issued and every month thereafter that the permit is valid. Four barricades with flashing lights shall be posted. In addition, when the rolloff container is to be located in parking meter spaces, an additional fee shall be as set forth in appendix A per meter, per day. The use of barricades is mandatory. (2) Off-street permit fee. When the rolloff container is to be located inside private property lines, the permit fee shall be 1§6 percent of the licensee's licensed contractor's total monthly gross receipts for the month in which the permit was issued and every month thereafter that the permit is valid. (3) List of accounts. The licensed rolla# waste contractor shall provide the city manager and the sanitation director with a current list of the names and addresses of each account, upon initial application and upon application for renewal of its business license, the frequency of service, the permit number and capacity of each rolloff container or constr~::~ction dumpster as per account and the address serviced by each rolloff container or constr~::~ction dumpster. No property owner may share an account with another property owner. The licensed contractor shall notify the city manager in writing on a monthly basis of any changes in its list af acco~::~nts. (4) Monthly report. The licensee licensed contractor shall deliver to the finance departmentirector and the city manager a true and correct monthly report of gross receipts generated during the previous month from accounts within the city on or before the last day of each month. This detailed monthly report shall include the customer names, service addresses, account numbers and the actual amount collected from each customer. Payments of such fee shall be made monthly to the finance department~. on or before the last day of each month, for gross receipts of the previous month. Contractors having annual gross receipts reported to the City over $200.000 shall, on or bifore 60 days following the close of their fiscal year, deliver to the finance department a statement of annual gross receipts generated from accounts within the city certified by an independent certified public accountant reflecting gross receipts within the city for the preceding fiscal year. The licensee shall on or before 3Q days folla,.•.:ing the close of its fiscal year delil.:er to the finance director and the city manager a statement of its ann~::~al gross receipts generated from acco~::~nts within the city certified by an independent certified p1::1blis acsoblntant reflecting gross receipts within the city for the preseding fissal year. (5) Audit or inspection of JieeRsee's licensed contractor's books and records. The licensee licensed contractor shall allow the city auditors at any reasonable time after reasonable notice to audit, inspect and examine the licensee's contractor's fiscal books and records and state and federal tax returns, insofar as they relate to city accounts, to confirm the licensee's contractor's compliance with this section. This information shall include, but not be limited to, the following: billing rates, billing amounts. sequentially pre-numbered invoices, signed receipts, trip tickets. computer records. general ledgers and accounts receivable sorted by service address. Failure to provide requested and complete records in a timely manner will result in the initiation of license revocation proceedings. Additionally, 14 44 the city!& auditors may communicate directly with customers of the licensee contractor for the purpose of confirming compliance with this section. (6) Failure to pay permit fee. If the licensee licensed contractor fails to timely pay the full permit fee,~, as set forth in subsections (1) and (2) of this section, the licensee contractor shall pay any and all of the city's expenses for collection of such fees, including, but not limited to, court costs. audit costs and reasonable attorney fees. If the licensee contractor fails to pay the full permit fee on or before the last day of each month, a late payment penalty as set forth in appendix A shall be due, and interest shall accrue on the amount due at the highest lawful rate of interest per annum. (7) Evidence of payment. In order to effectively provide for the collection of the permit fee by the licensees licensed contractor to the city, any person seeking to renew his/her annual business license pursuant to the provisions of chapter 102, article V, in addition to the requirements contained therein, shall provide to the finance director and the city manager evidence of payment of all outstanding permit fees, fines and other charges as a condition to reissuance or renewal of the business license. (8) Identification of equipment. All equipment utilized to collect and transport solid waste in the city must be conspicuously marked on both sides of the automotive unit with the name of the hauler, tare weight and cubic yard capacity. ld~ntification information must also be marked on all trailer and container units. All markings must be in letters and numerals at least two inches in height Sec. 90-279. Location restrictions. The city has the right to restrict the location of any rolloff or portable container§ in order to ensure· the public's safety and to prevent traffic hazards. It is prohibited to place rolloffs and portable containers in the following locations and areas: (1) Alleys, lanes, bridges. (2) Ocean Drive from Biscayne Street to 15th Street. (3) Collins Avenue from Biscayne Street to 87th Terrace. (4) Washington Avenue from Biscayne Street to 17th Street. (5) 41st Street from Collins Avenue to Alton Road. (6) 71st Street from Collins Avenue to Bay Drive. Sec. 90-280. Use restrictions. Rolloff. portable containers. or censtrbJGtien dumpsters are to be used for the removal of construction and demolition debris or for the removal of large quantities of bulky waste. Construction and demolition debris1 bulky waste, etc. is never to be stored directly on the ground as rolloff and portable containers, must be used at all times. Rolloff&; and portable containers and oon&truatien dune~psteFs shall not be used for the removal of garbage or commercial waste. 15 45 Sec. 90-281. Overflowing rolloffs and portable containers. Overflowing rolloffs and portable containers are prohibited. The city manager shall have the power to order the removal by the property owner of any such overflowing rolloff or portable container. SECTION 5. That Subdivision Ill, entitled "Recycling Waste Contractors," of Division 4, entitled "Specialty Contractors," of Article IV, entitled "Private Waste Collectors/Contractors" of Chapter 90 of the Miami Beach City Code entitled "Solid Waste" is hereby amended as follows: CHAPTER 90 SOLID WASTE Article IV. Private Waste Collectors/Contractors * * * Division 4. Specialty Contractors • • Subdivision Ill. Recycling Waste Contractors .. * • Sec. 90-307. Expiration of licenses. Effective October 1. 2008. b!icenses issued to recycling contractors shall be for a term of ~ menths one year, unless such recycling is pursuant to a franchise agreement. in whlch case, the license shall be for the term of the franchise agreement. The city may at any time enter into a citywide recycling program pursuant to the requirements of F.S. ch. 403, and may then cease licensing recycling contractors. Recycling contractors operating under a valid city business license at the time of commencement of such citywide program may continue operation until the expiration date of the license, but will thereafter cease operation within the city limits. * * Sec. 90-310. Regulations applicable. All recycling waste contractors must comply with all of the regyirements set forth in sections 90- 98. 90-99. 90-227, and 90-228 of the City Code. Sees. 90-3101-90-330 Reserved. 16 46 2008-3616 SECTION 6. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 7. 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 8. Codification. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made 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 9. Effective Date. PASSED and ADOPTED this 17th day of...;S;..;;e;.o;;p..;;;.t..;..;em.;..;;b;..;;e...;.r ______ , 2008. ATTEST: CITY CLERK Robert Parcher Underline denotes additions Strike thro1::1gh denotes deletions F:\atto\TURN\ORDINANC\Solid Waste-amended 9-8-0S.doc 17 47 Matti Herrera Bower COMMISSION ITEM SUMMARY Condensed Title: An Ordinance OfThe Mayor And City Commission OfThe City Of Miami Beach, Florida, Amending Chapter 90, Entitled "Solid Waste,· By Amending Article I Amending Section 90-2, By Amending Division 2, By Amending Sections 90-191, 90-192,90-193, and 90-195, By Amending Division 3 Article IV, Sections 90-221,90-222,90-223,90-224,90-225,90- 228, 90-229, 90-230, and 90-233, By Adding A New Section 90-231 To Provide Recycling Requirements For Waste Contractors, and Renumbering Sections 90-232 Through 90-235 By Amending Division 4, By Amending Subdivision II, By Amending Subdivision 1H Of Division 4 Of Article IV Section 90-307 With Regard To The Expiration Of Licenses And Creating Section 90-310 To Set Forth The Regulations Applicable To Recycling Waste Contractors; Providing For Reooaler· Codification; And An Effective Date. Ke Intended Outcome Su orted: ness of Mlaml Beach Right-of-Ways especially in business areas. Supporting Data (Surveys, Environmental Scan, etc.): The 2007 Miami Beach Community survey shows the following improvements compared to the 2005 survey in cleanliness of streets in business/ commercial areas, residential neighborhoods and canals/ waterways: • 9% improvement in rating of street cleanliness in neighborhoods by Mid Beach and Condo Corridor residents respectively, • 10% improvement in street cleanliness in business/ commercial areas by Mid Beach residents, • 8% and 6% improvement in street cleanliness in business/ commercial areas by South and Mid Beach, and • 17% i rovements in Mid Beach resident ratin of canals/ wateiWa s as excellent or ood. Issue: amendment to the Ordinance? A significant number of the Ordinance amendments are ministerial in nature. Changes primarily provide clarity and definitions that will assist the City's Internal Auditors in future evaluations and audits of franchise waste contractor and roll off waste container contractors operating in the City of Miami Beach. In addition, the following amendments are incorporated in the revised Ordinance: • Increase the roll-off permit fee from 16% to 18% • Amend the terms of the Franchise Agreements At the August 21, 2008 Finance and Citywide Projects Committee meeting the Administration was directed to change the initial term to (3) years, with no renewal option from the current initial period of seven (7) years from the day of the contract, with a renewal term of up to five (5) years at the City's sole discretion .. • Require Franchisees to offer recycling to commercial multi-family units. The Ordinance will require all franchise holders to offer recycling services to multi-family buildings. Multi-family building will be able to determine if the offer is acceptable and appropriate and they may choose to decline. Each offer must contain a provision that off sets solid waste reductions versus recycling costs. At City Commission request, a protest mechanism for offers of recycling viewed as unfair has been added. At First Reading, the City Commission added language to Section 90-229 regarding the qualification and evaluation of Solid Waste Franchisees. These changes are incorporated into the Ordinance. THE ADMINISTRATION RECOMMENDS APPROVAL OF THE ORDINANCE AMENDMENT. Advisory Board Recommendation: J N/A Financial Information: .....__ __ Source of Funds: OBPI ............. lAM I BEACtl AGENDA ITEM DATE "'"""""""""""'"'""" ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www .miamibeachll.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager\(-~ r SECOND READING September 17, 2008 U . {) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY AMENDING CHAPTER 90, ENTITLED "SOLID WASTE," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 90-2, ENTITLED "DEFINITIONS," BY AMENDING DEFINITIONS CONCERNING WASTE COLLECTION; BY AMENDING ARTICLE IV, ENTITLED "PRIVATE WASTE COLLECTORS/CONTRACTORS," BY AMENDING DIVISION 2, ENTITLED "LICENSE AND PERMIT," BY AMENDING SECTIONS 90-191, 90- 192, 90-193, AND 90-195 TO CLARIFY PROVISIONS REGARDING LICENSES, PERMITS, INDEMNIFICATION, AND INSURANCE FOR INDEPENDENT CONTRACTORS; BY AMENDING DIVISION 3, ENTITLED "FRANCHISE," OF ARTICLE IV BY AMENDING SECTIONS 90-221, 90-222, 90-223, 90-224, 90-225, 90-228, 90·229, 90-230, AND 90-233 BY AMENDING FRANCHISE FEE PROVISIONS, PROVIDING PROVISIONS FOR RECYCLING AND WASTE CONTRACTORS WITH REGARD TO FRANCHISE FEES, ACCOUNT INFORMATION, MONTHLY REPORTS, THE HANDLING OF COMPLAINTS, REGULATIONS FOR SERVICING DUMPSTERS, COMPACTORS, AND GARBAGE FACILITIES, THE SELECTION OF FRANCHISE WASTE CONTRACTORS, THE RENEWAL OF WASTE CONTRACTORS' FRANCHISE AGREEMENT CONTRACTS, THE EXEMPTION TO PROVIDE FOR RECYCLING, AND THE REVOCATION OF FRANCHISES, BY ADDING A NEW SECTION 90-231 TO PROVIDE RECYCLING REQUIREMENTS FOR WASTE CONTRACTORS, AND RENUMBERING SECTIONS 90-232 THROUGH 90-235 ACCORDINGLY; BY AMENDING DIVISION 4, ENTITLED "SPECIALTY CONTRACTORS," OF ARTICLE IV BY AMENDING SUBDIVISION II, ENTITLED "ROLLOFFIWASTE CONTAINER CONTRACTORS," BY AMENDING SECTIONS 90-276 THROUGH 90·281 TO AMEND LICENSE AND PERMIT REQUIREMENTS AND FEES, PROVIDING PENAL TIES FOR FAILURE TO OBTAIN A PERMIT, INCREASING THE ON-5TREET AND OFF-5TREET PERMIT FEES FROM 16o/o TO 18% OF THE LICENSEE'S TOTAL MONTHLY GROSS RECEIPTS, AMENDING MONTHLY REPORT AND AUDIT PROVISIONS, AND ADDING IDENTIFICATION REQUIREMENTS AND LOCATION, USE, AND OVERFLOW RESTRICTIONS; BY AMENDING SUBDIVISION Ill, ENTITLED "RECYCLING WASTE CONTRACTORS," OF DIVISION 4 OF ARTICLE IV BY AMENDING SECTION 90-307 WITH REGARD TO THE EXPIRATION OF LICENSES AND CREATING SECTION 90·310 TO SET FORTH THE REGULATIONS APPLICABLE TO RECYCLING WASTE CONTRACTORS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ~··-49 ADMINISTRATION RECOMMENDAT!Qti The Administration recommends approval of the Ordinance amendment. . ANALYSIS A significant number of the Ordinance amendments are ministerial in nature, The changes primarily provide for more clarity and address conditions encountered in the field during audits by the City's Internal Auditors. These changes will be helpful in future evaluations and audits of franchise waste contractor and rolloff waste container contractors operating in the City of Miami Beach. Changes were primarily definitions, such as grapple service and portable containers, which have been encountered in the City and the insertion of those references in other parts of the ordinance. In addition the following amendments are incorporated in the revised Ordinance: Increase the roll-off permit fee from 16% to 18% The City Commission adopted Ordinance No. 99-3204 on September 17, 1999 amending the on- street and off-street permit fee for roll-off waste containers serviced by licensed contractors from 12% to 16% of the licensee's total monthly gross receipts. The on-street and off-street permit fee for roll-off waste containers has historically been the same fee as the franchise fee charged to solid waste contractors. However, in fiscal year 2007-2008 when the franchise fee was raised from 16% to 18%, the street and off-street permit fee for roll-off waste containers was not altered. Unfortunately the fees are located in different sections of the City Code and the on-street and off street roll off fees were not increased. The Administration recommends to increase the on-street and off-street permit fee for roll-off waste containers serviced by licensed contractors from 16% to 18% of the licensee's total monthly gross receipts. The fee increase affects solid waste licensees that provide roll-off service to commercial and residential accounts. The additional revenue collected of approximately $1 08,500 will be used to partially offset the increased city wide Sanitation operational costs. Amend the terms of the Franchise Agreements Section 90-230 states that the franchise waste contractor's franchise agreements shall be valid for a period of seven (7) year from the date of contract, with a renewal term of up to five (5) years at the City's sole discretion. On August 21, 2008 at the Finance Citywide Projects Committee the Administration was directed by the committee to change the initial term to (3) years, with no renewal option. Require Franchisees to offer recycling to commercial multi-family units. The Ad Hoc Green Committee has expressed interest in expanding the recycling services in commercial multi-family dwellings. At the present, recycling is required by Miami-Dade County in all residences in the City of Miami Beach, inclusive of single and multi-family residences. As the City Commission is aware, the City provides recycling services for all of its single family residences and multi-family units with up to eight units can use City provided recycling service or seek recycling services from the City private franchise waste contractors. While there is a Miami-Dade County requirement that multi-family units exceeding four units participate in recycling activities there is no program that is offered by the City to assist in this activity. 50 While there are a number of options which the City Commission might consider, ranging from highly regulatory to strictly voluntary, what is suggested and supported by the Finance & Citywide Projects Committee, is an approach that is primarily non-regulatory in nature and driven by the participants. The system which is suggested for the City's multiple family dwelling units requires an amendment to the Franchise Agreements for waste hauling. The change would be an insertion of a requirement into the City's Franchise Ordinance that each franchise holder must offer to each of their commercial customers an opportunity and a program to undertake recycling. Section 90-231 contains the changes necessary. Multi-family buildings with over 8 units are considered commercial accounts. As every multi-family building in the community must have solid waste services provided by one of the City's franchise holders, this ordinance change will assure that every building in the community is at least offered the opportunity to have recycling services by a qualified vendor. It is not suggested that once an offer to provide recycling services is made that the multi-family dwelling must accept the offer. Multi-family buildings will be able to determine if the offer is acceptable and appropriate, and they may choose to decline. It is suggested, however, that a requirement be made of the franchise holders that when a service is declined, written acknowledgement of both the offer and the declination of service is foJWarded to the City's attention for follow-up action. The City Commission at First Reading of the Ordinance approved the addition of language to allow a multi-family building owner to protest an offer to provide recycling services if viewed as unfair. An appeal for an Administrative Hearing has been added to address this concern in Section 90-231. If an offer of recycling by one of the licensed franchise holders is declined, a multi-family dwelling would then have both the ability and the responsibility to find another qualified and licensed recycling collector to provide service to be in compliance with the County recycling requirement. Enforcement of this requirement is not anticipated to be by City personnel. In the event that enforcement is needed to address the provision of recycling services, existing County resources would be utilized to provide such enforcement. One of the Ordinance requirements for all franchise holders and a very important component of this program, is that each offer made by a franchise holder to provide recycling services be combined with an appropriate offer to reduce both the volume and the cost of solid waste disposal for that specific multi-family residential building. In such way, the multi-family residential building should be able to decrease solid waste disposal costs that will either neutralize or minimize any potential cost increase associated with the provision of recycling services. The specific numbers in the proposal as to the reduction of wastes for the cost associated with any of the services is left between the two parties to negotiate and reconcile. A further condition that would be added to the City's Franchise Ordinance is that any existing contracts between franchise waste haulers and multi-family residential buildings be modified over a period of the subsequent six months, to comply with the recycling offer provision. CONCLUSION The Administration recommends approval of the Ordinance amendment. JMG/RCM/FHB T:\AGENDA\2008\September 17\Amendment to Chapter 90 Franchise Renewal and Recycling MEMO.doc 51 MiAMIB£ACH OITY·OF MIAMI~~::~· NOTICE OF 'PUBLIC HEARINGS NOTICE IS HEREsY .given that·a second road!ng Mdpublic hearings wl!! ~hold by the MayOI' ana City Commission otihe City of Miami Be111ch; Florida, in the Commission Chemblmi, 3rd floor, City Hall, ·1 700 ~ Dri\1&, Miami Beech, ·Florida, on:.W&dnNday, Septembllor 17, 2!:100, to consider the following: · ·' ;,.,.:~·· · '6:!:15 p.m. . . . ... Ordillllnce Amending Ordinance No. 1335, The CillSS!IIed Employees' L&Bve Ordrri'a'i!C~~ending The PTovlsions·.O! Seciion•B .For Use Of Sick l!!ava . . ..._ ·· .•. ·-:~-· . - lnql.liriss may~cilmcted io the Hl.lml!n l'lesollroi!S Oepartmem at (305} G'fs..75:io. ~~ . . -. . Ordifll¥'oe Amand!ng 1'1'111 Code 01 The City 0! Miami Beach, !y Amilnding C~r 100, 5mliled "Trnffic 41ru:VVehio!SS:"ElY Amending Artleia ll, Efllltlact "Mammtl Parking: BY Amilndlr!g DMsion 1. tniltl&d "Gilnt!m!ly,•'Sy4\mend!ng S&ciioo 1~5,. Fees, And Pooa!tles;• llW Amf!ndlng Parkmg Mater Rates And '!'me Umlt:S; Rilgu!a\lons Qoncemlng· Matered iempon~~y R&Siclmtl!ll Guest-P$1t!lug F'laoard Permll£: And Providing Mlnor ~ndmen!ls For Coru;istancy:\'\'lthln'Seetltm 1~ As""'G Pwklng l:mparllnent Oj:;QI'ating Prooeduro$ And Moelerni:clng !>nrking tlegt»atloo iermlfli:IIOgy Sy 1'\rnandirjg O~Cin .a J!\We<:~ ~amllll f'~ ?armll£" By ~~~ Seciloo 106·79 Entitled ~I!!SU!ino& Ol Permits; ·Placemanl 01 Sign!;" 6y Amf!ndlng The 'Provlslcns 'For . R1mldenlla!'f'lll'kif1!;(Permll£, lrtqtlirieri may bill dimctad to thtt'Pllll<i!'lll Dopartmeni at (305)67s.72J5. ii:OSp.m. ' ' . ' ' . . . ' An Ordl~ Amandil19 ~t 110 0! The'MJan:II.Ssac!H:Jity Co~ ~~~~ing Mrne!\1, Entitled "!less, ~, l'krtOO · lslcn 2:Entl\lad "Rates, GS'!B) ~. Entltl!KI A To S&titiCin 110.166, ('Entllled "FI!B Seelloo& ii0.16S(A)Mel !B),iw!1i0."1138 (A}, ·oJRooert E. 'Pili'Cher, City .Clern City ot.Miernr B&llCh · Pureuam m Sootlon 28Urt 05, All .. Stat., ma City herepy m:i~he publlc that if a Persoh 'tiooldies to appalli any l'loolal!:m made by the. City CommlS11ioo with respee\ to any matter considered a\ II$ niOO!lng or Its n!l81'\ng. such~ moot ansuro 1rtat a verblltmnac011d1.!1 1M proo!!Btlmgs ls made, wnlcn reoord lnciutlee the msl:JmO!'}y inti e\lldenoe upoo which 1l'WI appa~~l is :to be beslld. This rmt~ee di:lills nci con!ltltme consent .by the City ,lor the ln!roduot!oo or admission.o! oth~ mectmlM!ble or lrmi~Wan\ wlctenoe,-oor Poe$ II auth!J!Us chalk!nges or appatlis not othllrWi'SI! al!owad by Jaw. · · To requi!Si ·thls melena! In aoCI!lllS!l}lll mrmat !1\gn ·~angu119e lnterQ1'6tere, lntmmatl!:m oo Betlt~SI> ior pammu; ·with ti~l!les •• 'l!l'ldlor any tiCCC~mmodatlon to r&\linw any doc!IITI!irt\ or participate ln • olty·sPQn!IOf6d .p!'OCeilldlng, please tol'l!llle\ (305) 604·2469 (voh:.&), (3U5)673·72iS(f'l'Y) five tiays ln advance to inltlnle yo\lrmqueel m UW!1 may also oall 111 (Florida Relay Slll'<!oo} • . Adlt500 THIS PAGE INTENTIONALLY LEFT BLANK 53 Condensed Title: Request For Approval To Award Contracts to Solo Printing Inc., Dora! Digital Reprographics, ARC and Tam a Envelo e ursuant to ITB No. 08-11/12 for Cit -wide Printin Services. Key Intended Outcome Supported: Maximize efficient delivery of services Supporting Data (Surveys, Environmental Scan, etc.): 65% of residents and 55% of business rated overall value for tax dollars paid as excellent or good. Item SummaryfRecommendation: The purpose of Invitation to Bid No. 08-11/12 (the "Bid") was to award contract(s) by means of sealed bids, with a qualified vendor(s), to provide printing services to the City of Miami Beach on an as needed basis. The contract(s) entered into with the successful bidder(s) will have an initial term of two (2) years, and may be renewed at the sole discretion of the City, through its City Manager, for three (3) additional one (1) year terms. The Bid was issued on August 17, 2012, with an opening date of October 2, 2012. A pre-bid meeting to provide information to bidders was held on August 30,2012. Thirteen prospective bidders downloaded the solicitation from BidNet, and 50 additional bidders were notified by the Procurement Division via e-mail, which resulted in the receipt of six (6) bids. The lowest responsive, responsible bidder(s), by group item, are being recommended for award. The Administration is recommending award to a primary and a secondary vendor for the purpose of assuring an alternate printer is available in the event that the primary is unable to perform. Appendix "A" contains detailed price tabulation for all items. The Central Services Coordinator will determine whether jobs should be processed in-house or sent to one of the printing services contractors available through this contract. Individual departments may not contract or send jobs to outside printers unless preapproved by the Central Services Division. This will assure quality standards of the City's printed materials, while maximizing resources through the use of competitively solicited awards. The annual cost associated with City-wide printing services is subject to funds availability approved through the annual budgeting process. Account information and availability of funds shall be verified and approved for each printing work order prior to procuring the services. THE ADMINISTRATION RECOMMENDS APPROVING THE AWARD OF CONTRACTS. Advisory Board Recommendation: IN/A Financial Information· Source of Amount Funds: N/A Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Alex Denis , Director Ext# 6641 MIAMI BEACH Account Account information shall be verified and approved for each printing work order. 54 AGENDA ITEM DATE <!.-:J-73 l/-17-ti City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: REQUEST FOR APPROVAL TO A ARO CONTRACTS TO THE FOLLOWING VENDORS: SOLO PRINTING, INC., DORAL DIGITAL REPROGRAPHICS, ARC, AND TAMPA ENVELOPE, PURSUANT TO INVITATION TO BID NO. 08-11/12, FOR CITY-WIDE PRINTING SERVICES. ADMINISTRATION RECOMMENDATION Approve the award of contracts. BID AMOUNT AND FUNDING The annual cost associated with City-wide printing services is subject to funds availability approved through in the annual budgeting process. Account information and availability of funds shall be verified and approved for each printing work order prior to procuring the services. KEY INTENDED OUTCOME SUPPORTED Maximize efficient delivery of services. ANALYSIS The purpose of Invitation to Bid 08-11/12 (the "Bid") was to award contract( s) by means of sealed bids, with a qualified vendor(s), to provide printing services to the City of Miami Beach on an as needed basis. The contract(s) will have an initial term of two (2) years, and may be renewed at the sole discretion of the City, through its City Manager, for three (3) additional one (1) year terms. BID PROCESS The Bid was issued on August 17, 2012, with an opening date of October 2, 2012. A pre-bid meeting to provide information to prospective bidders was held on August 30, 2012. Thirteen prospective bidders downloaded the solicitation from BidNet, and 50 additional prospective bidders were notified by the Procurement Division via e-mail, which resulted in the receipt of following six (6) bids: 55 Commission Memorandum-ITB-08-11112 City-wide Printing Services April 17, 2013 Page 2 of 4 1. Solo Printing, Inc. 2. National Communication 3. ARC 4. Tampa Envelope 5. A & B Bulk Mailers 6. Doral Digital Reprographics Two bidders are not considered as follows: A & B Bulk Mailers: A & B Bulk Mailers failed to submit the required information pursuant to the minimum requirement established by the ITB, as notified on February 19, 2013 and March 13, 2013. Therefore, A & B Bulk's bid was deemed non-responsive. National Communications: The City received confirmation via email from Tony Lopez, that National Communication was no longer in business. The ITB process requested bidders to submit fixed pricing for the printed materials most frequently utilized by City departments. Table 1 indicates the award to the lowest responsive, responsible bidder, by group item. The Administration is recommending award to a primary and a secondary vendor for the purpose of assuring an alternate printer is available in the event that the primary is unable to perform. Appendix "A" contains detailed price tabulation for all items. T bl 1 L a e owest R espons1ve R 'bl B'dd b G espons1 e I er lY roup or G roup tem. ITB#OS-11/12 Primary Award ! Secondary Award Group A: All A Items: Solo Printing No Award a A. zines Group B: B1-B2: Doral Digital B1-B2: Solo Printing Books and Reports B3: Solo Printing B3: Doral Digital Group C: C1-C7: Doral Digital C1-C7: No Award Postcards & Flyers vo: 1'\RC C8: Doral Digital Group D: D1-D2: Solo Printing D1-D2: Doral Digital Brochures D3-D6: Doral Digital D3-D6: Solo Printing GroupE: E1-E2: Doral Digital E1-E2: Solo Printing Posters E3-E4: ARC E3-E4: Doral Digital Grouo F: I All F Items: Doral Digital I All F Items: ARC Ro.:.l ~="'tate Signs Group G: G1-G6(Hangers): Doral Digital G1-G7 & G8-G11: No Award Miscellaneous G6(Envelope)-G7: Tampa G6(Envelope )-G7: Dora I Digital Envelope G8-G11: Dora I Digital LOCAL PREFERENCE: The Procurement Division may have provided Miami Beach-based vendors, whose costs were within 5% of the low bid for each group, the opportunity to match the low bid price and, therefore, be recommended for award as defined in the City's Local Preference Ordinance. However, no bidder requested consideration of the local preference. 56 Commission Memorandum -/TB-08-11112 City-wide Printing Services April 17, 2013 Page 3 of 4 VETERANS PREFERENCE: The Procurement Division may have provided vendors who are small businesses owned and controlled by a veteran(s) or a service-disabled veteran business enterprises, whose costs were within 5% of the low bid for each group, the opportunity to match the low bid price and, therefore, be recommended for award as defined in the City's Veteran Preference Ordinance. However, no bidder requested consideration of the veteran's preference. MANAGEMENT OF CITY-WIDE PRINTING SERVICES The Central Services Division is implementing a policy for the requests for duplicating and/or printing services. ALL duplicating and/or printing services shall be submitted to the Central Services Division on a Printing Work Order form. The Central Services Coordinator will determine the most efficient and economical methods to best meet the requirement of the job/order and print shop resources. The Central Services Coordinator will determine whether jobs should be processed in-house or sent to an outside printing services contractor. The Central Services Coordinator will select an outside printing services contractor from this contract, as available. Individual departments/divisions may not contract or send jobs to outside printers unless preapproved by the Central Services Division. This will assure quality standards of the City's printed materials, while maximizing resources through the use of competitively solicited awards. Once a determination has been made by the Central Services Coordinator to utilize an outside printing services contractor, the requesting department/division is responsible for entering the requisition in the system; working directly with the outside printing services contractor to place the order after receiving the PO, following up on the order, scheduling delivery, reviewing the final product, and processing payment. If needed, with prior advance notice, Central Service personnel will be available to deliver and pick-up jobs from outside printers/vendors. COMPANY'S PROFILE SOLO PRINTING, INC. Solo Printing, Inc. has been in business for 28 years and is located in Miami, Florida. Solo Printing, Inc. provides services to public and private entities, including Tractions Wireless, Inc., Pearson's, The Scooter Store, Empire State Development, and the City of Hollywood. Solo Printing Inc. has also provided printing services to the City of Miami Beach Parks and Recreation and Communication Departments for the past three (3) years, as they were awarded the last bid for printing services that the City issued. The departments are very satisfied with Solo Printing, Inc.'s performance and service. ARC. ARC has been in business for six (6) years and is located in Miami, Florida. ARC was formerly known as T-Square and under such name, the company provided services to the City of Miami Beach for several years. The City also received numerous performance evaluation surveys from ARC's clients, which rated its performance as extremely high and provided comments attesting to its capabilities, great services, knowledge, experience, responsiveness, and willingness to meet the client's demands. ARC provides services to Touret Studios, Plaza Construction Group Florida, LLC, HOK, Fontainebleau Miami Beach, Espacio USA, Research to Practice, and HKS. 57 Commission Memorandum -/TB-08-11112 City-wide Pn'nting Services April 17, 2013 Page 4 of4 DORAL DIGITAL REPROGRAPHICS. Dora! Reprographics has been in business for six (6) years and is located in Miami, Florida. The City received numerous performance evaluation surveys form Dora! Digital's clients that rated its performance extremely high and provided comments attesting to its expeditious turn-around time, responsiveness, professionalism, great customer services, and accuracy. Dora! Digital Reprographics provides services to AECON, Jacobs Engineering Group (Port of Miami Tunnel), Bouygues Civil Works, Civica, MDX Miami-Dade Expressway Authority, Miami-Dade County, and Lennar Homes, LLC. TAMPA ENVELOPE. Tampa Envelope has been in business for 49 years and is located in Tampa, Florida. Tampa Envelope has provided pre-printed envelopes to many City of Miami Beach departments for several years. Tampa Envelope has the capability of printing over 1,000,000 envelopes per day. Tampa Envelope employees almost 30 full-time employees and has a 30,000 square feet facility. The City received numerous performance evaluation surveys from Tampa Envelope's clients, which rated its performance very high and provided comments attesting to its willingness to go above and beyond for their clients, expeditious response, readiness to meet the client's demands and delivery requirements. Tampa Envelope provides services to Wellcare Health Plans, Inc., Department of Archives and History, the Auto Club Group (formerly known as AAA Auto Club), Tampa Bay Times, Pinellas County Tax Collector, Station America, Pasco County Tax Collector, and the Miami- Dade Clerk of Courts. CITY MANAGER'S REVIEW After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award the contracts to Solo Printing, Inc., Dora! Digital Reprographics, ARC, and Tampa Envelope, by group item as noted in Table 1. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission accept the City Manager's recommendation to award contracts to Solo Printing Inc., Dora! Digital Reprographics, ARC, and Tampa Envelope, pursuant to ITB No. 08-11/12 for City-wide Printing Services. T:\AGENDA\2013\Aprii17\ITB·-OB-10-11 Printing Services-Memo. doc 58 59 F.3:MEP Sign 18x24 Stak & Gromt. F.4:MEP Sign 24x36 Stak & Gromt. G.2: Business Cards 4x3.5 G.11: Duplicate Carbon 2 Part Numbered $ 1,396.00 $ $ 2,524.80 $ No Bid $ 60 No Bid No Bid No Bid Tampa Envelope No Bid No Bid No Bid THIS PAGE INTENTIONALLY LEFT BLANK 61 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award Contracts Pursuant To Invitation To Bid No. 075-2013, For Two~Way Radio Subscriber Maintenance Services To Control Communications, Inc., in the amount not to exceed $100,000. Key Intended Outcome Supported: Improve Process for Information Technology. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The City's Public Safety Departments communications protocol require the use of a radio system comprised of base and subscriber (hand-held and vehicle mounted) units. The system currently includes APX 7000 XE, XTS-3000, XTS- 5000, MTS-2000 Astro Digital Mobiles and Astro Digital base stations. Maintenance and repairs to the public safety radio system are necessary to ensure its optimum performance and to extend the life of the equipment. Since the equipment is manufactured by Motorola, it is necessary for the maintenance service provider to be a Motorola authorized Premier Service Provider (PSP), which guarantees the highest level of expertise and support on these critical public safety units. Accordingly, the successful bidder will provide maintenance and repairs on all equipment as noted in the ITB by experienced, factory-trained, and certified technicians. All units will be returned to original factory specifications and upgrade the firmware to the latest release, as needed. The Procurement Division issued an Invitation to Bid (ITB) No. 075-2013 in order to establish a contract, by means of sealed bids, with a qualified vendor( s ), to provide two-way radio maintenance of the City of Miami Beach public safety radio units. The ITB No. 075-2013, was issued on February 15, 2013, with a bid opening date of March 8, 2013. One addendum was issued to provide additional information and respond to all questions submitted by the prospective bidders. Twenty-three (23) bid notices were issued, seventeen (17) though the Public Purchasing Group and another six (6) through the Procurement Division. Two (2) vendors downloaded the bid documents. One (1) bid was received from Control Communications, Inc., which is the only Motorola Premier Service Provider in Miami-Dade County. Control Communications meets all the requirements established in the ITB and, therefore, is recommended for award. After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award the contract to Control Communications, Inc., the sole responsive and responsible bidder. APPROVE THE AWARD OF THE CONTRACT. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 $50,000 2 3 Total $50,000 Account Information Technology operating budget, 550-1750- 000325 Financial Impact Summary: Fiscal 2012/13 funding is for six months and future year funding will be included in the Information Technology operating budget. Ci Clerk's Office Le islative Trackin Alex Denis, Ext. 7 490 MIAMI BEACH Manager 62 JLM AGENDA ITEM _c_.:;· iJ._L __ DATE f;:-/7-13 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 Me DATE: April17, 2013 SUBJECT: REQUEST FOR APPROVAL T AWARD A CONTRACT PURSUANT TO INVITATION TO BID NO. 075-2 13, FOR TWO-WAY RADIO SUBSCRIBER MAINTENANCE SERVICES, TO CONTROL COMMUNICATIONS, INC., IN AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $100,000. ADMINISTRATION RECOMMENDATION Approve the award of the contract. KEY INTENDED OUTCOME Improve process for information technology. FUNDING $50,000 Funding for six months remaining in this Fiscal Year (FY) is available in the FY 2012/13 operating budget Account Code No. 550-1750-000325. Future year funding will be included in the department's operating budget. BACKGROUND SUMMARY The City's Public Safety Departments communications protocol require the use of a radio system comprised of base and subscriber (hand-held and vehicle mounted) units. The system currently includes APX 7000 XE, XTS-3000, XTS-5000, MTS-2000 Astro Digital Mobiles and Astro Digital base stations. Maintenance and repairs to the public safety radio system are necessary to ensure its optimum performance and to extend the life of the equipment. Since the equipment is manufactured by Motorola, it is necessary for the maintenance service provider to be a Motorola authorized Premier Service Provider (PSP), which guarantees the highest level of expertise and support on these critical public safety units. Accordingly, the successful bidder will provide maintenance and repairs on all equipment as noted in the ITB by experienced, factory-trained, and certified technicians. All units will be returned to original factory specifications and upgrade the firmware to the latest release, as needed. ITB PROCESS The Procurement Division issued an Invitation to Bid (ITB) No. 075-2013 in order to establish a contract, by means of sealed bids, with a qualified vendor(s), to provide two-way radio maintenance of the City of Miami Beach public safety radio units. The ITB No. 075-2013, was issued on February 15, 2013, with a bid opening date of March 8, 2013. One addendum was issued to provide additional information and respond to all questions submitted by the prospective bidders. 63 Commission Memorandum ITB 075-2013 Two-Way Radio Subscriber Maintenance Services Apri/17, 2013 Page 12 Twenty-three (23) bid notices were issued, seventeen (17) though the Public Purchasing Group and another six (6) through the Procurement Division. Two (2) vendors downloaded the bid documents. One (1) bid was received from Control Communications, Inc., which is the only Motorola Premier Service Provider in Miami-Dade County. EVALUATION PROCESS Control Communications meets all the requirements established in the ITB and, therefore, is recommended for award. CITY MANAGER'S REVIEW After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award the contract to Control Communications, Inc., the sole responsive and responsible bidder. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission award contracts pursuantto Invitation to Bid (ITB) No. 075-2013, for Two-Way Radio Subscriber Maintenance Services, to Control Communications, Inc., in the estimated annual of amount not to exceed $100,000. T:\AGENDA\2013\Two-WayRadio Subscriber Maintenance Services-Memo.doc 64 THIS PAGE INTENTIONALLY LEFT BLANK 65 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Issue A Request For Proposals (RFP) To Secure The Services Of A Consultant That Will Compile The City Stakeholder's Requirements And Recommend The Best Approach To Select And Replace The Existing Public Safety Radio System With A P25 Compliant System Before The 2016 Timeframe. Key Intended Outcome Supported: 1. Improve Process through Information Technology. Supporting Data (Surveys, Environmental Scan, etc.): Item Summary/Recommendation: 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. The City's goal is to replace the System with a new P25 compliant system before the 2016 timeframe. 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. 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 FCC has issued a directive that all 800 MHz systems will be "narrowbanded" in the 2016 timeframe. Narrowbanding is the process by which frequency space is narrowed from approximately 25KHz to 12.5 KHz for each licensed frequency, thus increasing the amount of available radio spectrum. The main type of systems easily, and cost effectively, capable of being narrowbanded in such a fashion are P25 compliant systems. Both the infrastructure and the subscriber components of a radio system must be P25 compliant for full interagency interoperability to exist. This matter was referred to the Finance and Citywide Projects Committee by the Mayor and Members of the City Commission at the February 6, 2013 Commission Meeting, Item C4L. The item was discussed at the February 20 meeting and it was recommended by the FCWP that an RFP would be issued to secure the services of a consultant that will compile the City stakeholder's requirements and recommend the best approach to select and replace the existing Public Safety Radio System with a P25 compliant system before the 2016 timeframe. The consultant would assist the City in determining ways to achieve compliance by the narrowbanded P25 directive issued by the FCC. The consultant may recommend that the City can purchase a replacement P25 compliant radio system, or 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. The Finance Committee also requested to know approximately how much the consultant would cost. The City previously used similar consulting services for the procurement of the current radio system, which replaced the radio infrastructure but not the subscribers (radios), for a fee of $195,000 (Resolution 2003-25200). Board Recommendation: The Administration recommends that the Mayor and the City Commission approve the issuance of the RFP. Financial Information: Source of Funds; Amount 1 2 3 4 5 OBPI Total Financial Impact Summary: islative Trackin 'MlAMIBEACH T:IAGENDA\2013\Aprii17\Public Safety Radio System Consultant RFP Summary.doc 66 Account Agenda ltem __ (2_~_D __ Date 1.(-I 7-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov MISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M mbers oft City Commission DATE: April17, 2013 SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) TO SECURE THE SERVICES OF A CONSULTANT THAT WILL COMPILE THE CITY STAKEHOLDER'S REQUIREMENTS AND RECOMMEND THE BEST APPROACH TO SELECT AND REPLACE THE EXISTING PUBLIC SAFETY RADIO SYSTEM WITH A P25 COMPLIANT SYSTEM BEFORE THE 2016 TIMEFRAME. ADMINISTRATION RECOMMENDATION Approve the issuance of the RFP. BACKGROUND 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. The City's goal is to replace the System with a new P25 compliant system before the 2016 timeframe. 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. 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 FCC has issued a directive that all 800 MHz systems will be "narrowbanded" in the 2016 timeframe. Narrowbanding is the process by which frequency space is narrowed from approximately 25 KHz to 12.5 KHz for each licensed frequency, thus increasing the amount of available radio spectrum. The main type of systems easily, and cost effectively, capable of being narrowbanded in such a fashion are P25 compliant systems. Both the infrastructure and the subscriber components of a radio system must be P25 compliant for full interagency interoperability to exist. This matter was referred to the Finance and Citywide Projects Committee by the Mayor and Members of the City Commission at the February 6, 2013 Commission Meeting, Item C4L. The item was discussed at the February 20 meeting and it was recommended by the FCWP that an RFP would be issued to secure the services of a consultant that will compile the City stakeholder's requirements and recommend the best approach to select and replace the existing Public Safety Radio System with a P25 compliant system before the 2016 timeframe. The consultant would assist the City in determining ways to achieve compliance by the narrowbanded P25 directive issued by the FCC. The consultant may recommend that the City 67 Public Safety Radio System Consultant RFP Commission Memorandum April17, 2013 Page 2 of 2 can purchase a replacement P25 compliant radio system, or 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. The Finance Committee also requested to know approximately how much the consultant would cost. The City previously used similar consulting services for the procurement of the current radio system, which replaced the radio infrastructure but not the subscribers (radios), for a fee of $195,000 (Resolution 2003-25200). The minimum eligibility criteria, desired scope of services and evaluation criteria for the RFP are attached. CONCLUSION The Administration recommends that the Mayor and the City Commission approve the issuance of the RFP. JLM/PDW/GG/AS T:\AGENDA\2013\Aprii17\Public Safety Radio System Consultant RFP Memo.doc 68 IBE Request for Issuance Approval Solicitation No.: Solicitation Title: TBD Services for Public Safe Communications S stem Requesting Department: Information Technolo MINIMUM ELIGIBILITY CRITERIA: The Proposer must meet the following minimum eligibility criteria: • Must have been in business performing work sought in this RFP at least 10 • Must have performed similar work for similar organizations before and must demonstrate that the work resulted in to various radio manufacturers. References of such work are required. • Must have multiple individuals capable of performing the work sought in this RFP and must provide their credentials, and experience. SCOPE OF SERVICES: The City is this Request For Proposals to secure the services of a consultant that will compile the City Stakeholder's requirements and recommend the best approach to select and replace the existing Public Safety System with a P25 compliant system before the 2016 timeframe. The consultant may recommend that the City can purchase a replacement compliant radio system, or 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. The selected consultant's main duties and responsibilities will include: • Must be independent, not affiliated with neither any manufacturer nor vendor and must present a perspective that is consistently objective, effective, and vendor-neutral. • Must have multiple individuals capable of performing the work sought in this RFP and must provide their credentials, and experience. • Schedule and lead the requirement gathering meetings with diverse team of selected City radio system stake holders. • Review and compile requirements gathered from meetings to validate and verify technical feasibility. • Use list of compiled requirements, consultant's own expertise, to develop an organized comprehensive scope of requirements. • Work with City to create an and/or Interagency Agreement (depending on the consultant's recommended approach to replacing system) and develop evaluation criteria for the new P25 radio system by using the comprehensive scope of requirements created, and in negotiations as required. • Provide progress status updates as required. • Validate that the implemented system fulfills the requirements of the consultant prepared RFP or Interagency Agreement (depending on the consultant's recommended approach to replacing system). In the event that City a subsequent RFP for a new public safety communications system, the successful proposer will be precluded from participatin . 35 25 20 20 Total Moximurn Points 100* • After Evaluation Committee has completed its review of proposals, the Procurement Division will add the points for local and veteran's preference in accordance with the applicable ordinance. 69 70 THIS PAGE INTENTIONALLY LEFT BLANK 71 COMMISSION ITEM SUMMARY Condensed Title: Request for approval to issue a Request For Proposals (RFP) for Pay by Phone services for the Ci Parkin De artment. Key Intended Outcome Supported: Improve process through information technology, Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The City of Miami Beach Parking Department is pursuing technology enhancements for its parking payment systems. The following parking payment systems are either in place or will be in the near term: multi-space pay stations, municipal permit programs, including business and residential permits, and a license plate recognition (LPR) handheld and a mobile enforcement system. The next logical progression is for the City to consider a "pay by phone" system which will interface with various existing third party platforms, including the City's permitting and financial systems, in real time. Through the RFP process the City is seeking a pay by phone (PBP) system that enables parking payments for the City's on-street and off-street metered facilities via phone, mobile application "App"; and/or text. The PBP system shall be capable of providing real time web enabled interfaces with the proprietary platforms described above. The PBP is intended to supplement existing payment options. The PBP system will have the capability of providing discounted rates and service fees to residents. In its due diligence and in an effort to assure that the City was considering all available options for a PBP system, on March 5, 2013, an industry review meeting was held. The purpose of the industry review meeting was to receive input from PBP providers on any options the City could consider for the best system while assuring specifications were competitive and the following factors were considered: available best practices, the feasibility of the scope of services the City was considering, and operational efficiencies that may be available through PBP system options. The companies in attendance were Pango USA, Parkmobile USA Inc., QuickPay Corp., Pay by Phone Technologies, and Mobile Now. Pursuant to the industry review meeting, the scope of services desired to satisfy the City's established requirements are included in the attached form. The Administration recommends that the Mayor and the City Commission approve the issuance of a Request For Proposals for Pay by Phone services. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 D 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Si n-Offs: MIAMI BEACH ity Manager 72 Account anager AGENDA ITEM DATE IBE City of Miami Beac:h, 1700 Convention Center Drive, Miami Florida 331 www. mimnibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me City Commission FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR PAY BY PHONE SERVICES FOR THE CITY'S PARKING DEPARTMENT. ADMINISTRATION RECOMMENDATION Issue the RFP. KEY INTENDED OUTCOME Improve parking availability; Improve process through information technology. ANALYSIS The City of Miami Beach Parking Department is pursuing technology enhancements for its parking payment systems. The following parking payment systems are either in place or will be in the near term: multi-space pay stations, municipal permit programs, including business and residential permits, and a license plate recognition (LPR) handheld and a mobile enforcement system. The next logical progression is for the City to consider a "pay by phone" system which will interface with various existing third party platforms, including the City's permitting and financial systems, in real time. Through the RFP process, the City is seeking a pay by phone (PBP) system that enables parking payments for the City's on-street and off-street metered facilities via phone, mobile application "App"; and/or text. The PBP system shall be capable of providing real time web enabled interfaces with the proprietary platforms described above. The PBP is intended to supplement existing payment options. The PBP system will have the capability of providing discounted rates and service fees to residents. In its due diligence and in an effort to assure that the City was considering all available options for a PBP system, on March 5, 2013, an industry review meeting was held. The purpose of the industry review meeting was to receive input from PBP providers on any options the City could consider for the best system while assuring specifications were competitive and the following factors were considered: available best practices, the feasibility of the scope of services the City was considering, and operational efficiencies that may be available through PBP system options. The companies in attendance were Pango USA, Parkmobile USA Inc., QuickPay Corp., Pay by Phone Technologies, and Mobile Now. SCOPE OF SERVICES & EVALUATION CRITERIA Pursuant to the industry review meeting, the scope of services desired to satisfy the City's established requirements are included in the attached form. 73 Apri/17, 2013 City Commission Memorandum Pay by Phone -RFP Page 2 of 2 COMPETITIVE SOLICITATION PROCESS The process for seeking proposals for the requirements stated shall be as follows: 1. Request for Proposals issued. 2. Receipt of Proposals. 3. Opening of Proposals and determination if they meet the minimum standards of responsiveness and eligibility as established in the RFP. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements of this RFP. Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the Proposal or Proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. CONCLUSION The Administration recommends that the Mayor and the City Commission approve the issuance of a Request For Proposals for Pay by Phone services. /~/AD prii17\PayByPhoneRFP,memo,docx 74 IBE Request for Issuance Approval Solicitation No.: Solicitation Title: Requesting Department: Department Contact: Parking Rocio Alba MINIMUM ELIGIBILITY CRITERIA: 1. 2. 3. 4. 5. 6. Proposers shall document at least three (3) municipalities where the proposed system is operationaL Software must be compatible with Windows 7 Desktop. The proposed system must be PCI compliant. The proposed system must be externally hosted software solution. The proposed system must integrate with the License Plate Recognition (LPR) Parking Enforcement System that will be implemented in the coming months. The proposed system must provide the capability to use a separate rate structure for residents and discounted service fees. SCOPE Of SERVICES: The City intends to receive Proposals outlining options for a pay-by-phone (PBP) parking system for its on-street and off-street metered facilities. The successful proposer will be responsible for the design and delivery of the system and for the management of all phases of the project (the "Services"). The successful proposer will bear all technical, operational, integration, implementation, and functional responsibility. There will be two implementation phases. Phase One will include a pilot implementation with City staff using cell phones to test the system for a period of up to thirty (30) days from the effective date of the agreement. Phase Two will roll-out the system to the public with a detailed marketing and signage plan. The time frame for implementation of Phase Two shall be no later than ninety (90) days after the City has issued a written notice to proceed for Phase Two. The successful proposer shall contractually guarantee delivery of a fully functional public PBP system and ensure the system is fully operational. The proposed PBP system must accommodate various on-street and off-street parking rates. The current rates are as follows: A-$1.75-8 hr/max purchase at a time 8-$1.00-10 hr/max purchase at a time However, other rates, and/or geographic areas may be added. The proposer shall be responsible for all expenses related to providing a PBP system, including but not limited to, installation, signage, marketing/advertising, etc. ADD ALTERNATES The City is also seeking alternative solutions for several other programs as add alternates to this RFP. Proposers may, but are not required to, submit information regarding their system's capabilities to satisfy the initiatives described below as part of their proposal for consideration. • Residential Parking Program (RPP) Visitor Use: In restricted residential parking areas, residents that are registered with the City may purchase one-time use visitor guest passes. This is currently handled via scratch-off hang-tags. • Hotel Hang-tag Program: Hotels pre-purchase one-day passes for their guests. This is currently handled via scratch-off hang-tags. • House of Worship Program: Houses of Worship purchase one-time use parking permit placards for their attendees. • Special Event Parking at Attended Lots: A very limited number of metered surface parking lots are attended. Access and payment for parking is controlled through a cashier via pre-payment at entry. • Gated Revenue Control System Integration: Additional payment options at garages with gated revenue control e ui ment. 75 SPECIFICATION GRID· SYSTEM CAPABILITIES Proposals should provide detailed information to the questions posed below. Information shall be in sufficient detail to all the Evaluation Committee to evaluate the proposals ; the more information provided, the better informed the Selection/Evaluation Committee will be of your qualifications; answers to the questions below may be provided on a separate paper. The questions below may or may not be minimum requirements of this RFP. Please provide as much information as possible when answering these questions. DESCRIPTION escribe the customer registration process for the proposed Pay by Phone Parking System, including whether pre· e isterin over the internet or other method is re uired for first-time users. 4 Describe the customer's enrollment process, including 24 hour availability, and local vs. toll free number registration number. 5 Describe your customer support services. Hours of Operation? Customer notification process? Ability to provide speedy and accurate resolution? Policy for addressing complaints? Ticket resolution? Does the system identify the car by the license plate or stall number? by Phone technology actively used in over 250,000 spaces? If not, how many? Can users review their profile and parking history online? (e.g. not restricted to the phone they registered with)? Restrict people from re-parking for a set period even after parking expires? Have different rates based on the day of the week? Have different rates based on time of day? ave early bird rates? f. Rates and restrictions can be different for every meter (if desired)? g. Rates and restrictions can be set by zones? h. Restrict user access based on their ID/Password? Allow one-time event parking? sing dial tone and/or voice based vendor hosted interactive voice response system? a toll free number to initiate or extend parking session? ual membership fee? If so, how much? y by phone service integrated with or is in use at any gated revenue control systems? If so, please provide d 's? ice in live use at over five US locations? If so, where? 76 Does your service integrate with wireless handheld systems? If yes, provide examples of live sites. friendly? Please describe in detail. Is there system portability, expandability, and support? Can the system maintain the security, confidentiality of transactions and information? If yes, please describe in detail? Is your system PCI compliant? w the City to use our own merchant accounts for credit card processing? This is the City's preferred If the merchant account is not the City's, what is the turn-around time for payment to the City? The City requires that payment be made within 24 hours of point of sale. the City directly receive the credit card payments from our consumers' parking transactions? an you report on average downtime of service? Can your service collect parking payments while a broken meter is being reported? Do you have web-based parking permits for monthly off-street parking? Do you have web-based parking permits for event off-street parking? sed parking permits for residential, student, and business parking? Do you have an Electronic Validation System for hotels, businesses, restaurants, etc.? r organization develop and own its core technology or is it licensed from a third party? your customer dispute process. Will the City have access to the Park by Phone Database? Who owns the data? any report writing/generating tool? Will you provide Miami Beach Residents a discount on your pay by phone user fees (per transaction or monthly)? Please ex lain. Will you provide Miami Beach Residents Pay by Phone service at no charge? Please explain. 77 preference in accordance with the applicable ordinance, 78 THIS PAGE INTENTIONALLY LEFT BLANK 79 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Issue A Request For Proposals (RFP) For Gymnastic Program Instruction Services For The Parks And Recreation De artment. Key Intended Outcome Supported: Increase satisfaction with recreational programming Supporting Data (Surveys, Environmental Scan, etc.): Recreation programs received excellent or good ratings from 85% of residents interviewed in the 2012 Resident Satisfaction Survey. Item Summary/Recommendation: The Parks and Recreation Department has been offering gymnastics instruction as part of its year round curriculum of classes at the Scott Rakow Youth Center. The City of Miami Beach is seeking proposals from qualified firms, and/or individuals, to provide gymnastic program instruction services at the Scott Rakow Youth Center. The Scott Rakow Youth Center offers a variety of programs and activities for the entire community. It is a place where people of all ages come to have fun, learn a new skill, and spend time with their families. The Center is home to after school and summer camp programs, specialty camps, athletic leagues and offers classes in swimming, ice skating, dance, exercise, gymnastics and much more. The Scott Rakow Youth Center includes an ice skating rink, gymnasium, gymnastics/cheerleading room, swimming pool, fitness center, patio, play field, arts and crafts center, game room, media room, computer lab and a music room. The gymnastics multipurpose room is approximately 5,004 square feet and is equipped with a spring exercise floor, uneven bar, vault, mats and balance beams. This multipurpose room was equipped and programmed as part of the recent renovations to the entire Youth Center facility. It is the desire of the Parks and Recreation Department to have the successful proposer coordinate a fall, winter, spring and summer schedule of activities in cooperation with and approval and supervision of the Department. The goal of programming should be to provide a well-rounded gymnastics experience for all participants The final price and terms for the agreement will be negotiated after City Commission approves authorization to negotiate. The Independent Contractor Agreement or the Professional Services Agreement shall be for a three (3) year term, with two (2) one-year renewals at the City's option. The Administration recommends approving the issuance of the RFP. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641. JLM MIAMI BEACH 80 c;~.p DATE lf-/7-/~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov FROM: Jimmy L. Morales, City Manager DATE: April17,2013 SUBJECT: Request For Approval To sue A Request For Proposals (RFP) For Gymnastic Program Instruct on Services For The Parks And Recreation Department. ADMINISTRATION RECOMMENDATION Approve issuance of the RFP. KEY INTENDED OUTCOME Increase satisfaction with recreational programs. Background The Parks and Recreation Department has been offering gymnastics instruction as part of its year round curriculum of classes at the Scott Rakow Youth Center. The City of Miami Beach is seeking proposals from qualified firms, and/or individuals, to provide gymnastic program instruction services at the Scott Rakow Youth Center, in accordance with the terms, conditions and specifications contained in the Request for Proposal (RFP). The Scott Rakow Youth Center offers a variety of programs and activities for the entire community. It is a place where people of all ages come to have fun, learn a new skill, and spend time with their families. The Center is home to after school and summer camp programs, specialty camps, athletic leagues and offers classes in swimming, ice skating, dance, exercise, gymnastics and much more. The Scott Rakow Youth Center includes an ice skating rink, gymnasium, gymnastics/cheerleading room, swimming pool, fitness center, patio, play field, arts and crafts center, game room, media room, computer lab and a music room. The gymnastics multipurpose room is approximately 5,000 square feet and is equipped with a spring exercise floor, uneven bar, vault, mats and balance beams. This multipurpose room was equipped and programmed as part of the recent renovations to the entire Youth Center facility. CONCLUSION The Administration recommends that the Mayor and the City Commission authorize the issuance of a Request for Proposals (RFP) for the gymnastics program instruction services for the Parks and Recreation Department. 81 BE Solicitation No.: Requesting Department: Parks and Recreation MINIMUM ELIGIBILITY CRITERIA: Request for Issuance Approval Solicitation Title: Gymnastic Program Instruction Services Department Contact: Kevin Smith The successful proposer and/or Company Principal(s) shall have at a minimum the following: • USA Gymnastics (USAG) Level 5 Certification • Certified in the followin : USAG Safe ; CPR/First Aid SCOPE OF SERVICES: The goal of programming should be to provide a multi-level and diverse gymnastics experience for all participants. The Successful Proposer shall coordinate a fall, winter, spring and summer schedule of activities in cooperation with and the approval of the Parks and Recreation Director, or his/her designee. Service Requirements The schedule of activities should at minimum include: A gymnastics developmental program conducted during the academic school year A one week or more gymnastics camp conducted during the summer school recess A gymnastics program that would provide opportunities for competition A gymnastics program that would meet the needs of those with physical, developmental and/or emotional challenges conducted by experienced, qualified staff. Additional programming opportunities are desired, to include: • Birthday party packages • Cheerleading instruction • Open gym • Holiday events and/or special events • Parent/toddler programs. Added Value Programming: The Successful Proposer should include with their program proposal any programs, services, or amenities that would be in addition to and beyond the above program specifications that will provide an added value to the program for the participant(s) and/or City. These added value programs, services, or amenities would be in addition to the standard or traditional programs typically offered and those not requested elsewhere in this RFP. The Successful Proposer shall be responsible to and report to the Parks and Recreation Director, or his/her designee, regarding all areas of operation/maintenance of the gymnastics facility. The Successful Proposer shall be at the site of the gymnastics facility for a minimum of twenty (20) hours per week, during posted business/office hours, and at all additional times reasonably necessary for the performance of the job responsibilities specified in the RFP and executed contract. Use of the gymnastics facility by the successful proposer will be scheduled and reserved according to a submitted class/performance/camp schedules. Changes to the schedule or additional use requested must be pre-approved by the Parks and Recreation Director or his/her designee. 82 supervise the gymnastics facility, staff and programs during all scheduled/reserved use. The Successful Proposer will provide a full schedule of activities to include: class/program name, age of participants to be served, class/program description inclusive of field trip location and date, begin/end time of the class/program and weekly lesson plan. The schedule of classes/programs/camps will be submitted by the Successful Proposer upon the request of the Parks and Recreation Director, or his/her designee. Information submitted will be used for inclusion in the Miami Beach Parks and Recreation Department's biannual Recreation Review, and posted yearly on the department's website. All additional marketing materials, including but not limited to, flyers, articles, etc., must be pre-approved by the Parks and Recreation Director or his/her designee. The Successful Proposer shall monitor (to include attendance and sign in/outs of all participants and maintenance of equipment) and supervise the gymnastics operations and the behavior, actions, work, etc., of the Successful Proposer's staff. Additionally, the Successful Proposer and his/her staff will conduct operations in an orderly, professional manner so as not to annoy, disturb or be offensive to customers, patrons or others in the immediate vicinity of such operations. The Successful Proposer shall furnish prompt and efficient service adequate to meet all reasonable demands, including the establishment of a schedule of services/programs for approval by the Parks and Recreation Director, or his/her designee. Any changes to a pre-approved schedule of services/programs must be approved by the Parks and Recreation Director, or his/her designee, prior to implementation. The Successful Proposer shall inform the Parks and Recreation Director, or his/her designee, of changes regarding the gymnastics industry in general, rules, regulations, equipment and trends associated with the operation of a recreational gymnastics program. The Successful Proposer shall make recommendations on appropriate actions and/or changes. The Successful Proposer, or his/her designee, shall assist the Parks and Recreation Director, or his/her designee, in recommending gymnastics facility equipment and improvements and improvements to the overall gymnastics operating policies and procedures at the Scott Rakow Youth Center. Personnel The Successful Proposer represents that he/she has, or will secure at his/her own expense, all necessary personnel required to perform the stated services of this RFP and the executed contract. Such personnel shall NOT be City employees or have any contractual relationship with the City. The Successful Proposer, prior to working for the City of Miami Beach must present a complete list of employees including but not limited to: name, contact phone number, certifications, email address, position held and duties, to the Parks and Recreation Director, or his/her designee. All of the services required by this RFP shall be performed by the Successful Proposer and his/her personnel. Staff employed by the Successful Proposer to perform these services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. The Successful Proposer shall be liable for all work performed by his/her personnel. The Successful Proposer and all employees of the Successful Proposer, prior to contact with any/all participants, must submit to a background check, at no cost to the City, in compliance with local, state and federal laws. The background check shall be completed by the City of Miami Beach's Human Resource Department at the expense of the Successful Proposer. The City shall have the right to refuse to allow any potential employee of the Successful Proposer to work on City property when it deems that their presence on City property is not in the City's best interest. 83 Center and the City of Miami Beach. The Successful Proposer, and employees of the Successful Proposer, shall use neither controlled substance, unless prescribed by a licensed physician, illegal substances or alcohol. The Successful Proposer and employees of the Successful Proposer, when on or in City property, will not smoke or use tobacco-related products while engaged in their work. The Successful Proposer, and employees of the Successful Proposer, shall comply with all applicable local, state and federal laws, rules, regulations and procedures. All applicable taxes, fringe benefits and training for all personnel for the performance under the executed contract shall be the sole responsibility of the Successful Proposer. Customer Service The Successful Proposer, and employees of the Successful Proposer, shall, at all times, provide courteous and efficient service to the citizens of Miami Beach and members and guests of the Gymnastics Center and/or Youth Center. The Successful Proposer shall monitor, control and supervise the conduct, demeanor and appearance of employees, agents, representatives, visitors, customers and patrons. Upon objection by the Parks and Recreation Director, or his/her designee, concerning the conduct, demeanor or appearance of any such person, the Successful Proposer shall immediately take all necessary steps to correct the course of such objection. The Successful Proposer and its employees shall, at all times, be prompt in opening the Gymnastics Center for business at the scheduled time each day. The responsibilities and duties of the Successful Proposer and staff of the Successful Proposer may include, but are not limited to, checking class/program/activity rosters for registered participants; monitoring the gymnastics facility during hours of operation; addressing and controlling inappropriate behavior of patrons and visitors; assisting a patron by providing answers to questions regarding programs, events, etc.; and, managing the gymnastics facility operation in a pleasant, efficient and effective manner. The Successful Proposer and its employees shall, at all times, limit personal activities including visitors, phone calls and individual conversations. Operations of the gymnastics facility shall be conducted in a business-like manner, at all times. The Successful Proposer shall be responsible for maintaining CPR, First Aid and AED certifications for him/herself and all its employees. The Successful Proposer shall provide documentation, on a yearly basis, of current certifications of each staff member. The Successful Proposer and employees of the Successful Proposer, in contact with the public, shall perform duties in an efficient and courteous manner. The Successful Proposer and its employees shall be distinctively uniformed or appropriately attired so as to be distinguishable as the Successful Proposer's employee and not as an employee of the Youth Center and/or the City of Miami Beach. Property The Successful Proposer shall, at all times, take precautions to avoid any damage or loss of property of the City. The Successful Proposer agrees to reimburse the City for any gymnastics or facility repairs that are a result of negligence, unsafe, careless, etc., actions on the part of the Successful Proposer and his/her staff. The Successful Proposer shall replace or repair to the City's satisfaction any loss or damage at the Successful Proposers expense. The Successful Proposer shall adhere at all times to all safety concerns regarding employees and visitors to the facility. 84 maintenance of the gymnastics facility. The Successful Proposer, or his/her designee, shall initiate the scheduled preventative maintenance requirements for upkeep and/or repair of the gymnastics facility equipment. INDEPENDENT CONTRACTOR The Successful Proposer shall remain an independent contractor with respect to all acts and services to be performed by the Successful Proposer as detailed in this RFP. The executed Contract shall not render the Successful Proposer as an agent, partner, representative or employee of the City for any purposes whatsoever, nor authorize the Successful Proposer to contract or assume any liabilities in the name of the City. The City shall not be liable for any wages or salaries of any representative, assistant or employee of the Successful Proposer, nor for any debts, liabilities, nor any other obligations of the Successful Proposer. The Successful Proposer, as an independent contractor, is not entitled to any City employee fringe benefit such as vacation, sick leave, insurance, etc. The Successful Proposer shall contract exclusively with the City of Miami Beach and no other club or organization without the written approval of the Parks and Recreation Director, or his/her designee. The Successful Proposer shall provide make his work schedule to the Parks and Recreation Director or his/her designee. The Successful Proposer and/or its employees shall not conduct any business or activity not specifically authorized by this RFP, unless approved by the Parks and Recreation Director and/or City Manager, when required. If approved, the business or activity shall not interfere in any manner with the use of the public area or infringe upon the normal method of operations of any other parties authorized to be in the center. The Successful Proposer shall not purchase any merchandise or consignment in the name of the City or Youth Center nor shall the Successful Proposer incur any debt in the name of the City or the Youth Center. The Successful Proposer shall not suffer or permit any mechanics lien to be filed against the premises or the leasehold estate hereby created or any part thereof by reason of work, labor services, or materials supplied or claimed to have been supplied to the Successful Proposer or any sublease or suffer or permit any other lien to attach to the premises or any part thereof of the leasehold estate hereby created. PROGRAM REGISTRATION AND PAYMENT All attendees participating in an authorized program, activity or camp, as outlined in this RFP, must be registered with and make payment to the City of Miami Beach. All program, camp and/or activity registrations for participation in an authorized program as agreed to by the Parks and Recreation Director, or his/her designee, and the Successful Proposer, in compliance with the requirements of this RFP, shall be made to, and only to, the City of Miami Beach Scott Rakow Youth Center registration desk located in the Scott Rakow Youth Center or the City's online registration and payment system. Ticket sales for performances conducted in compliance with the requirements of this RFP shall be made to, and only to, the City of Miami Beach paid at the Scott Rakow Youth Center registration desk located in the Scott Rakow Youth Center or the City's online registration and payment system. The term "gross revenue" shall include all monies received from all related Gymnastics services provided by the Successful Proposer. Payment will be calculated based on monies collected at the Scott Rakow Youth Center registration desk. The City shall make remittance on a per session/semester basis. Payment will be made no later than the thirty (30) days from the end of the session/semester. Payment to the Successful Proposer may be delayed pending submittal of required and/or requested documentation of class participation. The Successful Proposer agrees to establish an effective inventory system, keep accurate books and records in accordance with recognized accounting procedures and to keep and preserve all such complete and true records in the City of Miami Beach for a period of two (2) years following the end of each contract year. All such books and records maintained by the Gymnastics Director shall be available for ins ection b the Cit or its a ents without notice. 85 FEE SCHEDULE The City is interested in a revenue sharing fee schedule. The City would be responsible for taking registrations, fees and advertising. The proposer should, as part of this proposal, offer the City a percentage of each registrant fee with the remainder going to the Successful Proposer, to pay for the instructors, travel, and additional equipment and for proposer's profit. Successful Proposer proposes to pay the City the following, if awarded the contract: _ % of gross revenue to the City _% of gross revenue to Contractor EVALUATION CRITERIA' Criteria Sections Points Proposer Qualifications 25 Scope of Services Proposed 25 Approach & Methodology 25 Financial Pro osal 25 ~----------------~~----------------~ Maximum Points *After Evaluation Comm1ttee has completed 1ts rev1ew of proposals, the"="P-ro-cu-re_m_e-nt-=D.,-iv,--is-ion_w_,l,-11 a-dc-:d-,.th-e-po"""ln-ts-:f~or-:-lo-c--:al-a-nd~v...,et,-er-an-:-'s ___ ___, preference in accordance with the applicable ordinance. nt: -Revenue 86 THIS PAGE INTENTIONALLY LEFT BLANK 87 C4 COMMISSION COMMITTEE ASSIGNMENTS IBE OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: FROM: DATE: Jimmy L. Morales, City Manager Rafael Granado, City Clerk Commissioner Deede Weithorn March 20, 2013 SUBJECT: Referral to Land Use and Development Committee: Attracting Institutions of Higher Education to North Beach The City of Miami Beach planning staff have, over the past several months, reengaged in discussions regarding the development of the parking lot located between 72nd and 73rd Street and Collins Avenue in addition to the development of the west lots between 79th and sih Street and Collins Avenue. Commissioner Weithorn recognizes the importance of building upon the assets owned by the City as we seek to stimulate the economy in North Beach. And, as such, it is Commissioner Weithorn's desire to attract development and partnerships that contribute to the existing businesses, quality of life, facilities, housing, etc. By means of this memorandum, Commissioner Weithorn would like to make a referral to the Land Use and Development committee to consider the solicitation of letters of interest from institutions of higher education for the development of our municipal assets in North Beach. The economic impacts of universities and colleges have proven to be significant to the communities in which they are located. According to studies published on the impact of universities in communities, these institutions of higher education often seek to expand into areas where housing and transportation costs are attainable and affordable to their students. Recognizing this, in 2012 the City of Sweetwater engaged in efforts to annex Florida International University's Engineering Campus. Sweetwater's intention was to partner with FlU in becoming a pedestrian friendly environment that would dramatically boost economic development and quality of life in the area. As part the studies conducted regarding the annexation of FlU's Engineering Campus by the City of Sweetwater it was determined that the following could come about as a result: • Struggling neighborhoods and nearby business districts will prosper in a growing college town atmosphere. 89 Agenda Item l!. lf fl Date lf~t7-t3 • The annexation will create integrated approaches that actively mix solutions for transportation, education, environmental protection, economic development, safe and affordable housing, and public health. • Revitalize underutilized and economically depressed areas though design improvements for public spaces to accommodate large-scale and high quality pedestrian movements. • Provide for redevelopment strategies that are equitable and transformative. • Create educational enhancements and engagement that will embrace the diversity of residents and business owners so as to make the City and nearby neighborhoods more livable for all. • Create more jobs closer to home for people of all income levels, intentionally avoid residential and business displacement, and accelerate economic activity, technology transfer, and opportunity related to all the area institutions of higher education. The above listed effects of a Sweetwater I FlU partnership are very similar to the end results we aspire to achieve in North Beach as we consider the development of the assets in the area. The availability of City owned vacant land, existing businesses, affordable housing, and accessibility to public transportation in North Beach could present a very unique opportunity to attract an institution of higher education which could bring about significant contributions to the existing businesses, cultural centers, and housing inventory. As part of this referral to the Land Use Committee, it is Commissioner Weithorn's desire for the Administration to study the feasibility and potential economic impact of an institution of higher education entering the North Beach area. Should you have any questions and/or concerns, please do not hesitate to contact me at extension 6528. Alex J. Fernandez, Deputy to Commissioner Weithorn 90 COMMISSION MEMORANDUM TO: FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: REFERRAL TO THE LAND SE AND DEVELOPMENT COMMITTEE, A DISCUSSION REGARDING A MASS TRANSIT CONNECTIVITY FEASIBILITY STUDY ENTITLED "BEACH CORRIDOR TRANSIT CONNECTION STUDY" TO BE CONDUCTED BY THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION IN PARTNERSHIP WITH THE CITY OF MIAMI BEACH, CITY OF MIAMI, MIAMI-DADE TRANSIT, AND THE FLORIDA DEPARTMENT OF TRANSPORTATION. ADMINISTRATION RECOMMENDATION Refer the item to the Land Use and Development Committee for discussion. BACKGROUND This item was previously discussed at the Joint meeting of the Neighborhoods/Community Affairs Committee and the Land Use and Development Committee on March 19, 2013. At the meeting, the Joint Committee endorsed the City's participation in an inter-agency partnership for a mass transit feasibility study to be conducted by the Miami-Dade Metropolitan Planning Organization intended to evaluate mass transit alternatives to efficiently and effectively connect Miami Beach to the mainland. The Joint Committee further endorsed the City's contribution in the amount of $25,000 towards the total cost of the feasibility study and requested the item be referred to Land Use and Development Committee in addition to the TPC for input and further direction. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the matter to the Land Use and Development Committee for discussion and further direction. J~F/RWS/JRG T:\AGENDA\2013\Aprii17\Referral to LUDC-Mass Transit Connectivity MEMO.docx Agenda Item C I{ B Date lf-ll-l3 > 91 THIS PAGE INTENTIONALLY LEFT BLANK 92 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Mem FROM: Jimmy L. Morales, City Manager DATE: April 17, 2013 SUBJECT: REFERRAL TO THE NEIGHBO HOOD AND COMMUNITY AFFAIRS COMMITTEE TO DISCUSS THE CONTINUATION OF THE ADOPT-A- BEACH PILOT PROGRAM. BACKGROUND On September 9, 2009, the City Commission adopted a resolution approving and authorizing the establishment of the Adopt-a-Beach Pilot Program for a period not to exceed one (1) year. On December 9, 2009, the City signed a lease agreement with the Environmental Coalition of Miami and the Beaches (ECOMB) for the building located at 210 Second Street. Pursuant to the terms of the lease agreement, ECOMB agreed to coordinate the City's Adopt-a-Beach Pilot Program. ECOMB agreed to support this new initiative, relieving City staff of the time associated with implementing, coordinating and monitoring this program. Participants of the Adopt-a-Beach Program pay $200 to receive their logo on a sign at their adopted beach. Participants are required to commit to cleaning that beach a minimum of 4 times per year. The program was launched in 2010, since then 37 organizations have participated in the program. Of this number, only 18 conducted clean-ups and of those only 4 organizations conducted the minimum of 4 clean-ups required by the Program. The Administration recommends referral to the City's Neighborhood and Community Affairs Committee for discussion. I JJF/RWS/ESW T:\AGENDA\2013\April 17\Adopt-a-Beach -MEMO.doc 93 Agenda Item C. If G Date l.f--tl--ll THIS PAGE INTENTIONALLY LEFT BLANK 94 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: April 1, 2013 Re: Commission Agenda Item Please place on the agenda for the April 17, 2013 Commission Meeting an item to refer to the Neighborhood/Community Affairs Committee a discussion on the status of the naming of the Tennis Center at Flamingo Park. Should you have any questions, please contact Gabrielle Redfern at Extension 6157. Thank you. MHB/fgr 95 Agenda Item C If D Date 'f ... IZ:-1:3 THIS PAGE INTENTIONALLY LEFT BLANK 96 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: April 1, 2013 Re: Commission Agenda Item Please place on the agenda for the April 17, 2013 Commission Meeting an item to refer to the Land Use and Development Committee a Resolution to amend the City's Human Rights Ordinance to require the posting of notices in every place of housing and housing accommodation and City of Miami Beach Department and Facility that is subject to the Human Rights Ordinance. Should you have any comments, questions or concerns please contact Gabrielle Redfern at Extension 6157. Thank you. MHB/fgr 97 Agenda Item C. 'IE Date t;-17:13 THIS PAGE INTENTIONALLY LEFT BLANK 98 m = "="' 1\/\! ,, -', ~' ~ ')1 _,g,;fl :: " '" OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mr. Jimmy Morales, City Manager Mr. Jose Smith, City Attorney Mr. Rafael Granado, City Clerk Commissioner Deede Weithorn April 9, 2013 Referral To Neighborhood/Community Affairs Committee An Ordinance Amending Miami Beach City Code Chapter 2 Entitled "Administration," Article VII Entitled "Standards Of Conduct," Division 2 Entitled "Officers, Employees, And Agency Members," By Amending Section 2-446 Thereof Entitled "Declaration Of Policy" To Provide For Limited Standards Of Conduct Applicable To The City's Special Masters, And Creating City Code Section 2-461 Establishing Special Master Lobbying Prohibitions; Providing For Repealer, Severability, Codification, And An Effective Date. In an effort to promote good government practices and standards, I am proposing an amendment to Chapter 2, Article VII, Division 2 of the Miami Beach City Code through which the Chief Special Master and Special Master will be required to adhere to the StandardsofConductexpected to be followed by all officers, employees, and agency members of the City of Miami Beach. Further, I am proposing new language to be included in Section 2-461 establishing lobbying prohibitions on special masters. As noted in the proposed ordinance, similar to Judges, the City's Chief Special Master and all Special Masters are tasked with important decision making authority on code enforcement and historic preservation matters which require them to be impartial and adhere to the highest ethical standards in performing their duties. Please do not hesitate to contact my office at extension 7105 with any questions and/or concerns. Thank you, Deede Weithorn, Commissioner City of Miami Beach ATTACHMENTS We oro commilled lo service lo oil who liv<', work, 99 in our vibror Agenda Item C ifF Date lf-1'1-13 ORDINANCE NO. ------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2 ENTITLED "ADMINISTRATION," ARTICLE VII ENTITLED "STANDARDS OF CONDUCT," DIVISION 2 ENTITLED "OFFICERS, EMPLOYEES, AND AGENCY MEMBERS," BY AMENDING SECTION 2-446 THEREOF ENTITLED "DECLARATION OF POLICY" TO PROVIDE FOR LIMITED STANDARDS OF CONDUCT APPLICABLE TO THE CITY'S SPECIAL MASTERS, AND CREATING CITY CODE SECTION 2-461 ESTABLISHING SPECIAL MASTER LOBBYING PROHIBITIONS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ' WHEREAS, the Chief Special Master and Special Masters for the City of Miami Beach that hear code enforcement matters for the City are appointed pursuant to Article II of Chapter 30 of the City Code and the City's Historic Preservation Special Master is appointed pursuant to Section 118-537 of the City Code; and WHEREAS, much like Judges, the City's Chief Special Master and all other City Special Masters are tasked with important decision-making authority on code enforcement or historic preservation matters which require them to be impartial and to adhere to the highest ethical standards in performing their duties. 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 2, Article VII, Division 2 of the Miami Beach City Code is hereby amended in part to read as follows: Chapter 2 ADMINISTRATION * * * Article VII. STANDARDS OF CONDUCT * * * Division 2. Officers, Employees, ami Agency Members and Special Masters. 100 ,I I I I I I I i ! Sec. 2-446. -Declaration of policy. It is the policy of the city commission that no officer or employee of the city, or any of its agencies or subdivisions, and no member of the city commission, shall have any interest, financial or otherwise, direct or indirect, or engage in any business transaction, or professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of his duties in the public interest. To implement such policy and strengthen the faith and confidence of the people of the city in their government, there is enacted a code of ethics, setting forth standards of conduct to be observed by all city officers and employees. and limited standards of conduct to be observed by the City's Chief Special Master and Special Masters as expressly set forth herein. in the performance of their official duties. It is the intent of the city commission that this code shall serve not only as a guide for official conduct of public servants in this city, but also as a basis for discipline of those who violate the provisions of this article. * * * 2-461. Special Masters: Lobbying Prohibitions. (a) In addition to lobbying restrictions imposed by City resolution, those lobbying restrictions set forth In City Code sections 2-26 (prohibiting City Board members from lobbying before the Board they served on for one year following cessation of service thereon) and 2~ 459 {prohibiting City Board members from lobbying City personnel during their City service) shall have like applicability to the City's Chief Special Master and the Special Masters (except for those provisions set forth in Code sections 2459(b)(1) and (2)). All such references in those City Code sections to City Agency, Board or Committee members shall be applicable to the Chief Special Master and the Special Masters, thus prohibiting the Chief Special Master and the Special Masters from: .L Dlrectly or indirectly lobbying during one's tenure as a Chief Special Master or a Special Master (per Code section 2-459); and 2. Lobbying before a Chief Specie! Master or a Special Master for one year after leaving City service (per Code section 2-26). (b) This section shall not apply to any individual who Is serving as the City's Chief SQecial Master or Special Master as of the date of the adoption of this Code language, and who entered into a lobbying contract prior to the effective date of this Code language {Ordinance No. , effective , 2013), Any person who is appointed or reappointed as the Chief Special Master or as a Special Master subsequent to the effective date of Ordinance No. shall be subject to the provisions therein. (c) The validity of any actlon or determination of the Chief Special Master or of a Special Master, or related action of the City, shall not be affected by the failure to comply with the provisions of this section. 2 101 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 April, 2013. PASSED and ADOPTED this ___ day of April, 2013. ATTEST: MATTI HERRERA BOWER MAYOR RAFAEL E. GRANADO, CITY CLERK (Sponsored by Commissioner Deede Weithorn) Underline denotes additions and strike through denotes deletions APPROVED AS TO FORM & LANGUAGE FOR CUTtON F:\A TTO\TURN\ORDINANC\Special Master Lobbying Prohibition.1.docx 3 102 ORDINANCE NO. ------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2 ENTITLED "ADMINISTRATION," ARTICLE VII ENTITLED "STANDARDS OF CONDUCT," DIVISION 2 ENTITLED "OFFICERS, EMPLOYEES, AND AGENCY MEMBERS," BY AMENDING SECTION 2-446 THEREOF ENTITLED "DECLARATION OF POLICY" TO PROVIDE FOR LIMITED STANDARDS OF CONDUCT APPLICABLE TO THE CITY'S SPECIAL MASTERS, AND CREATING CITY CODE SECTION 2-461 ESTABLISHING SPECIAL MASTER LOBBYING PROHIBITIONS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Chief Special Master and Special Masters for the City of Miami Beach that hear code enforcement matters for the City are appointed pursuant to Article II of Chapter 30 of the City Code and the City's Historic Preservation Special Master is appointed pursuant to Section 118-537 of the City Code; and WHEREAS, much like Judges, the City's Chief Special Master and all other City Special Masters are tasked with important decision-making authority on code enforcement or historic preservation matters which require them to be impartial and to adhere to the highest ethical standards in performing their duties. 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 2, Article VII, Division 2 of the Miami Beach City Code is hereby amended in part to read as follows: Chapter 2 ADMINISTRATION * * * Article VII. STANDARDS OF CONDUCT * * * Division 2. Officers, Employees, ami Agency Members and Special Masters. 103 Sec. 2-446. -Declaration of policy. It is the policy of the city commission that no officer or employee of the city, or any of its agencies or subdivisions, and no member of the city commission, shall have any interest, financial or otherwise, direct or indirect, or engage in any business transaction, or professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of his duties in the public interest. To implement such policy and strengthen the faith and confidence of the people of the city in their government, there is enacted a code of ethics, setting forth standards of conduct to be observed by all city officers and employees, and limited standards of conduct to be observed by the City's Chief Special Master and Special Masters as expressly set forth herein, in the performance of their official duties. It is the intent of the city commission that this code shall serve not only as a guide for official conduct of public servants in this city, but also as a basis for discipline of those who violate the provisions of this article. * * * 2-461. Special Masters: Lobbying Prohibitions. (a) ln addition to lobbylng restrictions imposed by Ci!v resolution, those lobbying restrictions set forth herein and in City Code sections 2~26 (prohibiting Citv Board members from lobbying before the Board they served on for one year following cessation of service thereon) and 2-459 (prohibiting Citv Board members from lobbying Cltv personnel during their Citv service) shall have llke applicabilitY to the City's Chief Special Master and the Special Masters (except for those provisions set forth in Code sections 2-459(b)(1) and (2}). All such references in those City Code sections to Ci!v Agencv. Board or Committee members shall be applicable to the Chief Special Master and the Special Masters. thus prohibiting the Chief Special Master and the Special Masters from: .L Directly or indirectly lobbying during one's tenure as a Chief Special Master or a Special Master (per Code section 2-459); and 2. Directly or indirectly lobbying before any City officer, board. Chief Special Master, or Special Master, in connection with any judicial or other proceeding. application* RFP, RFQ, bid, or other determination, contract, claim, or controversy. charge, accusation, arrest or other particular subject matter in which the City or one of tis agencies or instrumentalities is a party or has any interest whatsoever: whether direct or indirect, for a period of two (2) years after leaving City service. {b) This section shall not apply to any individual who is serving as the City's Chief Special Master or Special Master as of the date of the adoption of this Code language, and who entered into a lobbying contract prior to the effective date of this Code language {Ordinance No. . effective , 2013). Any person who is appointed or reappointed as the Chief Special Master or as a Special Master subsequent to the effective date of Ordinance No. shall be subject to the provisions therein. 2 104 (c) The validity of any action or determination of the Chief Special Master or of a Special Master, or related action of the City, shall not be affected by the failure to comply with the provisions of this section. 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 April, 2013. PASSED and ADOPTED this ___ day of April, 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK (Sponsored by Commissioner Deede Weithorn) MATTI HERRERA BOWER MAYOR Underline denotes additions and strike throblgh denotes deletions F:\ATTO\TURN\ORDINANC\Special Master Lobbying Prohlbition.2.docx 3 105 I THIS PAGE INTENTIONALLY LEFT BLANK 106 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager and Members of the City Commission From: Matti Herrera Bower, Mayor Date: April 17, 2013 Subject: Referral of a Resolution Supporting The Efforts Of Miami-Dade County And The Miami-Dade County Public Schools' Joint Roundtable On Youth Safety to Neighborhood/Community Affairs Committee and Committee on Quality Education. In response to the tragedy in Newton, Connecticut as well as random acts of violence against the youth in our own community, Miami-Dade County Mayor Carlos A. Gimenez and Miami Dade County Schools Superintendent Alberto M. Carvalho convened a Joint Roundtable on Youth Safety on January 18, 2013. This Roundtable united Mayors and Police Chiefs within the Miami-Dade community to work together on a vital public safety initiative focused on our school children. At that first meeting four working groups were established: In-School Youth safety; Out- of-School Youth Safety; Youth Services and Community Education and Empowerment. Several members of our City Staff, and volunteers from our Committee on Quality Education, participated in these working groups, or attended one of the two meetings of the Roundtable. At the second meeting of the Roundtable, held on March 8, 2013, the product of the working groups was presented as a consolidated Community Action Plan. I have included the Plan as an attachment to this memo. I am encouraging our City Commission to resolve to support the initiatives of the Plan, and continue to support the goals of the Plan to ensure that our children are safe, before school, in school and after school. I wish to thank our Chief of Police, Ray Martinez, Captain Rick Clements, my Chief of Staff Gabrielle Redfern, Miami Beach Committee on Quality Education Staff Liaison Leslie Rosenfeld and volunteers Heidi Tandy, lvette Borrello and Officer Pablo Jimenez who participated in developing the Action Plan. MHB/fgr 107 Agenda Item C. 'I G- Date Y-17,_.!3 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SUPPORTING THE EFFORTS OF MIAMI-DADE COUNTY AND THE MIAMI-DADE COUNTY PUBLIC SCHOOLS' JOINT ROUNDTABLE ON YOUTH SAFETY. WHEREAS, the safety of our youth is critical to the safety our entire community; and WHEREAS, the Joint Roundtable on Youth Safety, established by Miami-Dade County and the Miami-Dade County Public Schools, aims to ensure that Miami-Dade County does everything possible to protect our youth not only in their classrooms, but also in their neighborhoods and local parks; and WHEREAS, through the Joint Roundtable, Miami-Dade County Mayor Carlos A. Gimenez and Miami-Dade County Public Schools Superintendent Alberto M. Carvalho have engaged leadership from all 34 municipalities and over 100 community stakeholders within Miami-Dade County to work on this vital public safety initiative; and WHEREAS, safeguarding the youth in our community is a long-term process that must be revisited regularly for comprehensive updates and concrete follow-up actions; and WHEREAS, to ensure that the strongest safety protocols are in place, information must be shared county-wide in order to identify ways to leverage our collective resources and to encourage and increase community engagement; and WHEREAS, the success of the Joint Roundtable's efforts to address the issue of youth safety will be dependent upon community-wide participation, with all residents taking personal responsibility for the safety and well-being of our young people; and WHEREAS, the Mayor and City Commission of the City of Miami Beach support the important goals and efforts of the Joint Roundtable. 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 support the efforts of Miami-Dade County and the Miami-Dade County Public Schools' Joint Roundtable on Youth Safety. PASSED and ADOPTED this ___ day of _____ ,2013. ATTEST: Rafael E. Granado, City Clerk Matti Herrera Bower Mayor F:\ATTOITURNIRESOS\Supporting Joint Roundtable on Youth Safety.docx APPROVED AS TO FORM & LANGUAGE &FOR CUTION 108 January 1 o, 2013 The Honorable Matti Herrera Bower Mayor, City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Dear Mayor Herrera Bower: On behalf of Miami-Dade County Public Schools and Miami-Dade County, we invite you to participate in a Joint Roundtable on Youth Safety to be held on January 18, 2013, at 2:00p.m., at Vizcaya Museum & Village Garage, located at 3250 South Miami Avenue (parking available the Miami Science Museum parking lot). This Roundtable will unite Mayors and Police Chiefs within the Miami-Dade community work together on this vital publlc safety initiative. Over the past few years, senseless acts of violence affected our entire nation. The recent tragedy in Newtown, Connecticut, as wen as random violence against youth in our own community demand that we, as a community, come together to this issue. The focus of the Roundtable will be youth, not only in our schools, but also in our parks and neighborhoods. objective is to successful practices, discuss challenges and define helpful rof'r.mmo•· ... rl!:!,tlt"''r,., for short and long-term solutions. In to efficiently and effectively address this community-wide we must come together and share information to ensure that the strongest safety protocols are in Through discussions, we will also identify ways to leverage our collective resources, encourage and increase community engagement, and create an envelope of safety around our schools and our children. We look forward to working with you on this collaborative effort. Sincerely, Carlos A. Glm Mayor Miami"Dade County c: Honorable Sosa, Chailwoman Alberto M. Carvalho Superintendent Miami-Dade County Public Schools and, Members Board of County Commissioners Honorable Perla Tabares-Hantmam and, Miami-Dade County School Board Members Cuevas, County Attorney """'•~v Harvey, School Board Attorney Mayor's Senior Superintendent's 109 March 4, 2013 The Honorable Matti Herrera Bower Mayor, City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Dear Mayor Herrera Bower: ('ARLO~ A-GIJIIINIZ MAYOR· On behalf of Miami-Dade County Public Schools and Miami-Dade County, we invite you to participate in the second Joint Roundtable on Youth Safety to be held on March 8, 2013, at 3:00 p.m. in the media center at Miami Senior High School, located at 2450 S.W. First Street, Miami, Florida, 33135. Parking is available at the northeast corner of the school at the corner of West Flagler and West 24 Avenue. The parking lot entrance is off West 24 Avenue. This meeting will unite mayors and police chiefs within the Miami-Dade community who have been working together with community stakeholders on this vital public safety initiative. Since the first roundtable met on January 18, 2013, four working groups, In-School Youth Safety, Out-of-School Youth Safety, Youth Services, and Community Education and Empowerment, have worked tirelessly to identify ways to leverage our collective resources, encourage and increase community engagement, and improve safety protocols for our public spaces in order to create an envelope of safety around our children. ' The focus of this second roundtable will be to share the recommendations for short and long-term solutions developed by these working groups and to discuss how we can best implement these practices within our respective communities. If you plan to attend, please contact, Ms. Lilliam B. Del-Gado, Administrative Assistant, Office of Intergovernmental Affairs, Grants Administration, and Community Engagement, Miami-Dade County Public Schools, at 305 995-1497 or !bdelgado@dadeschoo!s.net. We look forward to your continued participation on this collaborative effort. Sincerely, ~:erto'M. Carvalho, Superintendent Miami-Dade County Pub!!c Schools c: Honorable Perla Tabares Hantman, Chair and, Miami-Dade County School Board Members Walter Harvey, School Board Attorney Superintendent's Cabinet 110 .{ Carlos A Gimeru:~thMayor Miami-Dade County c: Honorable Rebeca Sosa, Chairwoman and, Members Board of County Commissioners R. A. Cuevas, Jr., County Attorney Mayor's Senior Staff A commitment to promote Youth Safety throughout Miami-Dade Florida Joint Roundtable on Youth Safety e March 8, 2013 WHEREAS, one of the truest measures of a moral society is how it treats its young; and WHEREAS, our society can thrive only when we unite to secure our common future by ensuring the well-being of our children and youths; and WHEREAS, safety from harm is fundamental to our community's quality of life and, so, to our community's economic viability; and WHEREAS, youth safety, as well as youth risk, transcends school grounds, reaching from the home to the park to the shopping mall to every corner of our community; and WHEREAS, every adult has a share of responsibility for safeguarding our young from dangerous conditions and from actual harm; and WHEREAS, recent acts of deadly violence against children in our community and across the nation urgently demand that we act now and act together to improve youth safety throughout our community; NOW, THEREFORE BE IT RESOLVED THAT: The undersigned representatives of various governmental entities and community organizations throughout Miami-Dade County, Florida, pledge to support the recommendations of the Joint Roundtable on Youth Safety, including but not limited to the following: Increase police presence and visibility in schools; Implement a countywide school critical incident response plan; Research and develop a smart device reporting application; Increase police presence at and near county and municipal parks during early-release school days; Enhance public awareness of existing crime prevention programs; Increase families' access to school-based behavioral and mental health services; Identify and enhance employment programs including summer job opportunities with track records of success; Promote youth empowerment summits; Open communication channels between youths and law enforcement agencies; and Implement a long-term awareness campaign to empower stakeholders in promoting youth safely. 111 Joint Roundtable on Youth Safety Community Action Plan Presentation March 8, 2013 3:00 p.m. -4:30 p.m. • Welcome and Introductions o Ms. Valtena Brown Chief Operating Officer, School Operations • Review Purpose o Honorable Carlos A. Gimenez Mayor of Miami-Dade County o Mr. Alberto M. Carvalho Superintendent of Schools • Joint Presentation of Community Action Plan o In School Working Group-presented by Miami-Dade County Public Schools Police Department Acting Chief Gerald Kitchell o Out of School Working Group-presented by Miami-Dade Police Department Deputy Director Juan Perez o Youth Services Working Group-presented by Miami-Dade County Public Schools Division of Student Services District Director Deborah A. Monti/la o Community Education and Empower Working Group-presented by Miami-Dade County CIAO Department Director Henry Sori • Next Steps/Closing Remarks Mayor Gimenez Superintendent Carvalho • Ceremonial Signing of the "Pledge Document" by Community Leaders 112 2 Table of Contents Community Action Plan ................................................................................................ 3 Purpose ........................................................................................................................ 3 Structure and Timeline ................................................................................................. 3 Working Groups ........................................................................................................... 4 Recommendations ....................................................................................................... 5 Pledge of Commitment and Resolution ........................................................................ 5 Moving Forward ........................................................................................................... 6 Recommendation Action Chart .................................................................................... 7 In-School Safety Working Group ............................................................................. 7 Out-of-School Safety Working Group .................................................................... 1 0 Youth Services Working Group .............................................................................. 14 Community Education and Empowerment Working Group .................................... 21 Appendix ................................................................................................................ 25 Exhibits ........................................................................................................................ 36 114 3 Purpose Over the years, senseless acts of violence have affected our entire nation. The recent tragedy in Newtown, Connecticut, horrified parents across the world, as mindless violence made its way directly into the heart of a place that had long been considered safe space for our children -an elementary school that could have been any elementary school across the country. Fear quickly steered the national conversations towards demands for action. The question, however, rests in determining what types of action will protect all children while also bolstering preventive measures on and off school campuses. In establishing the Joint Roundtable on Youth Safety, Mayor Carlos A. Gimenez and Superintendent Alberto M. Carvalho have joined community leaders across the County to declare with deliberate action and a unified voice that enough is enough (See Exhibit 1 -Op-Ed Articles). The violence that regularly faces Miami-Dade's youth in their own neighborhoods requires that we, as a united community, each take personal responsibility for protecting our children. The answers do not lie in quick fixes or one- size-fits-all solutions. The recommendations presented in this report aim to ensure that the Miami-Dade County community comes together for the long haul to develop a safe envelope around our schools and other public places where children gather. It establishes first steps that will be taken by community leaders that have chosen to lead by example. It employs an approach that will engage the community as a whole, while also honing in on specific areas of the County that face chronic gun violence. The recommendations propose a holistic, comprehensive approach, inclusive of a continuum of work that will begin immediately. Structure and Timeline The first Joint Roundtable on Youth Safety was held on January 18, 2013, at 2:00 p.m., at the Vizcaya Museum & Gardens Village Garage (See Exhibit 2 -First Roundtable Invitation). At the first Roundtable, Miami-Dade County (MDC) Mayor Carlos A. Gimenez and Miami-Dade County Public Schools (M-DCPS) Superintendent Alberto M. Carvalho brought together mayors and police chiefs from all 34 municipalities to begin discussing the most effective means to safeguard our children. The discussion was guided by the following questions: • What do we currently do to ensure that our children are safe at our schools? At our parks? In our neighborhoods? Are there strategies that we are not currently utilizing that should be explored? Are there policies that hinder these efforts? 115 4 • How do we currently support our most vulnerable youth? How are their needs assessed? How are services delivered? How is success determined? Are there gaps in this process that need to be reviewed? • Are there current initiatives/community-based groups working together to address youth safety? Why and how were they created? How is success determined? Is there duplication of efforts? Can coordination across the County be improved? How can the impact of these efforts be maximized? At this first meeting, all attendees were invited to participate in working groups that would delve into answering the guiding questions and formulating recommendations that would make our schools, parks, and neighborhoods safer (See Exhibit 3-Working Group Participation Form). Each working group was chaired by at least one representative from MDC and one representative from M-DCPS. The co-chairs reached out to all municipalities and over 100 community organizations to participate in this process. The objective of these working group meetings was to share successful practices, discuss current challenges, and define helpful recommendations for short and long-term solutions. The four working groups each met four times between February 1st and February 261h to develop recommendations to present as part of the comprehensive Community Action Plan at the second Roundtable. The second Joint Roundtable on Youth Safety, held on March 8, 2013, at 3:00 p.m. at Miami Senior High School, allowed mayors and police chiefs to review the recommendations for short and long-term solutions developed by the working groups and discuss how to best implement them (See Exhibit 4 -Second Roundtable Invitation). Working Groups The working groups were structured in the categories listed below. All participating members were invited to attend all meetings. Additionally, all 16 working group meetings and both roundtables were appropriately noticed. • In-School Youth Safety Working Group, which focused on the following questions: o What do we currently do to ensure that our children are safe at our schools? Are there strategies that we are not currently utilizing that should be explored? If strategies are not being used, what are the reasons and ways to overcome impediments? Are there policies, state or federal laws, or regulations in place that hinder these efforts? • Out-of-School Youth Safety Working Group, which focused on the following questions: o What do we currently do to ensure that our children are safe at our parks? In our neighborhoods? Are there strategies that we are not currently 116 5 utilizing that should be explored? If strategies are not being used, what are the reasons and ways to overcome impediments? Are there policies, state or federal laws, or regulations in place that hinder these efforts? • Youth Services Working Group, which focused on the following questions: o How do we currently support all of the youth in our community? How are their needs assessed? How are services delivered? How is success determined? Are there gaps in this process that need to be reviewed? What prevention strategies are currently in place in your community? • Community Education and Empowerment Working Group, which focused on the following questions: o How can we engage our current initiatives/community-based groups and our residents to work together to address youth safety? Can coordination across the County be improved? How can the impact of these efforts be maximized? How can we share information as effectively as possible? At each of the working group meetings, co-chairs provided all participants with an opportunity to share their ideas. All ideas were then prioritized and ranked by the groups, from which each group completed an action chart to address tangible steps that would need to be taken to implement the proposed recommendations. Recommendations As a result of the collective work of the participants in the aforementioned work groups, recommendations were vetted and ranked. Those that were deemed feasible and determined to have the greatest impact are reflected in the Joint Roundtable on Youth Safety Recommendation Action Chart (Action Chart). The Action Chart will serve as the roadmap to guide the work of the Roundtable and can be found on pages 7-35 of this report. Pledge of Commitment and Resolution Working Group members who expressed an interest in participating as stakeholders within this process were asked to sign a Pledge of Commitment (See Exhibit 5) affirming their organization's continued involvement in this vitally important partnership and support for improving youth safety in Miami-Dade County. Although all efforts were made to cast a wide net for participation, it is our intent to keep this an open-ended process. As such, organizations or municipalities that elect to get involved after the initial work has started are welcome to join the effort. Municipalities that took part in the working groups will be asked to put forth a resolution before their governing boards to reaffirm their municipalities' continued involvement and support for improving youth safety. The draft resolution that MDC will present to the 117 6 Board of County Commissioners for consideration during their first meeting in April 2013 can also be found in Exhibit 6. Moving Forward Safeguarding the youth in our community is a long-term process that must be revisited regularly for comprehensive updates and concrete actions. The long-term success of the Roundtable's efforts to address this important issue will depend on true community-wide buy-in, with each and every resident taking personal responsibility for the safety and well-being of our young people. Efforts to further engage the community will be implemented as noted in the Community Education and Empowerment Working Group's recommendations. Moving forward on implementation steps for the Action Plan will begin immediately. It is our shared belief that the work of the Roundtable is just the first step in a collaborative, long-term process that will lead to the improved safety and enhanced quality of life for all of the residents of Miami-Dade County. 118 ~ ~ <0 JOINT ROUNDTABLE ON YOUTH SAFETY RECOMMENDATION ACTION CHART Lead Recommendation I Stakeholder Increase Police Presence and Visibility In Schools Miami-Dade Schools Police Department (MDSPD) Additional Participating Stakeholders Agencies as noted in APPENDIX la, Local Law Enforcement, Miami Dade County Public Schools Targeted Areas for Implementation Public, Private and Charter Schools throughout Miami-Dade County Action Steps for First 6 Months See APPPENDIX la. Outcomes for 6 Month Benchmarks 1. MDSPD will facilitate monthly meetings with law enforcement and school administrators to enhance presence and partnerships with school community, which will support better collaboration and cooperation between school administrators and law enforcement. 2. After implementation of strategies, assess effectiveness through data collection. 3. After data assessment, determine feasibility of continued or enhancement of identified strategies. 7 Additional Funding To be determined by each stakeholders commitment ~ N 0 Recommendation County-wide School Critical Incident Response Plan limit Access While School Is In Session lead Stakeholder MDSPD Miami-Dade County Public Schools (MDCPS) Operations Additional Targeted Areas Participating for Stakeholders Implementation MDPD (Lieutenant Public, Private and Edgardo Caneva) Charter Schools City of Miami Police throughout Miami-Department Dade County Public, Private and Charter Schools throughout Miami-Dade County 8 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks 1. Finalize plan and obtain Finalized plan adopted. To be buy-in from Miami-Dade determined Chiefs. 2. Share lockdown Procedures With local Agencies. 3. Develop and Implement Mock Exercises. 4. Facilitate Operational Reviews With law Enforcement Agencies At School Sites. 5. Train school employees in plan. 1. Evaluate the needs of 1. identify funding Bond and each school based on sources to purchase identify grant CPTED vulnerability standardized electronic opportunities assessments. access control system 2. MDSPD will continue and identification cards conducting unannounced for students and staff. site visits to determine 2. Evaluate the effectiveness of existing effectiveness of the security practices. equipment/new 3. Identify available technology to technologies for use in the determine the school environment feasibility of district through a pilot program wide implementation of involving identified additional equipment schools. through research and 4. Establish development of communication with established private and charter technologies. schools to share plans and strategies. ~ N ~ ----Recommendation Develop School Resource Officer Training Cameras With Live Streaming Capabilities Research and Develop A ·Smart Device Reporting Application CPTED and Threat Assessment Evaluations lead Stakeholder City of Miami Police. Department Training Center, MDPSTI and Miami Dade College School of Justice MDCPS Capital Task Force Miami-Dade County Crime Stoppers MDSPD ................................. Additional Targeted Areas Participating for Stakeholders Implementation Law Enforcement Officers participating in school activities MDPD Homeland Public, Private and Security Detective Omar Charter Schools Garcia throughout Miami-Dade County City of Miami Police Students, Parents, Department Training Faculty, and general Center public MDPD Homeland Public, Private and Security (Lieutenant Raul Charter Schools Martinez) and Local Law throughout Miami-Enforcement with Dade County trained practitioners ----------------------------~-........... ···························--------------------~ 9 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks Develop and offer training 1. Establish quarterly Region XIV and to aU agencies throughout best practices meeting any other Miami-Dade County. between MDSPD and aval!able participating agencies. : funding 2. Update and revise sources curriculum as needed or recommended during best practices meetings. I 1. Meet with Stakeholders 1. Obtain mutual To be to outline parameters. Agreement amongst all determined 2. Explore Smart Camera parties. Technology. 2. Proceed towards the implementation of the identified system. Implement and provide 1. Determine To be accessibility and promote effectiveness of the determined Crime Stoppers application. application for use by the 2. Identify any technical general public via smart issues to be addressed. devices such as phone and 3. Identify areas in need tablets. of improvement and make adjustments to improve the performa nee of the application. 4. Continue public awareness campaign. Coordinate with MDPD 1. Evaluate completed To be Homeland Security to surveys. determined prioritize all MDCPS 2. Implement School facilities and recommendations schedule surveys. based on available resources. --··········································--- ------ ~ N N lead Recommendation I Stakeholder Create Coalition Of All Schools Visibility I Truancy Sweeps Miami Dade College School of Justice (Dr. Hector Garcia) Miami-Dade Public Schools Police Additional Participating Stakeholders . Private and Charter Schools throughout Miami-Dade County. Miami-Dade County Youth Commission Miami-Dade Police Department and Local Law Enforcement Targeted Areas for Implementation Public, Private and Charter Schools throughout Miami-Dade County. Public, Private, and Charter Schools throughout Miami-Dade County. Action Steps for First 6 Months 1.1dentify partnerships and schedule meetings with stakeholders. 2. Develop strategic plan to create the working coalition of non-public schools in Miami Dade County. See Appendix lb. Outcomes for 6 Month Benchmarks 10 Additional Funding 1. Recruit non-public I To be schools stakeholders to determined develop goals and objectives related to the synthesis of these organizations within the overall functional aspects of the wider group based on strategic plan. 2. Establish coalition to address safety concerns at schools. 3. Hold quarterly meetings to discuss and identify needs germane to these non-public schools. 4. Develop an Action Plan to address needs. Solidify/strengthen ongoing partnerships for truancy related operations. To be determined pending operational planning and staffing needs. ~ N w Communication I Reporting ""'"~'"~ Recommendation Traffic Enforcement Police Presence During Early Release Dates Work Stations At Critical Parks Centralized Crime Data Warehouse For All Law Enforcement ····--· ••u•--~·••••• Lead Stakeholder Miami-Dade Police Department and Local Law Enforcement Parks Departments, Miami-Dade Public Schools Police, Local Municipalities Parks Departments Miami-Dade Chiefs of Police Association via Miami Gardens PD (Chief Matt Boyd) '"--~' Additional Targeted Areas Participating for Stakeholders Implementation Miami-Dade Public Areas frequented by Schools Police , youth after school Parks Department hours or during commute/route MDPD Homeland Parks and facilities Security Fusion known for juvenile Center presence on early release dates State, Local, and Parks and facilities Federal known for youth government activities and/or after partners school programs Miami-Dade Police County-wide Department, Local Law Enforcement, Parks agencies ·····-----·········-···-· 11 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks See Appendix lb. 1. Solidify/strengthen To be ongoing partnerships determined for traffic pending enforcement and individual education related detail efforts. planning and 2.1nitiate method for staffing feedback from needs. stakeholders and community on our efforts. See Appendix lb. Implement To be announcement of determined early release dates to based on local government and staffing law enforcement needs. agencies. 1. Identify prioritized list Implement program. To be of sites for work stations. determined 2. Identify agencies that based on would enjoy mutual needs and benefit. cost to parks. 2. Draft Memorandum of Understanding between participating agencies. 1. Hold meeting amongst Identify/Launch Funding will stakeholders to outline platform for crime be needed, parameters. data sharing amongst source to be 2. Explore options to stakeholders. determined gather and share data. based on available federal funding. ·······························--- ~ N ~ Recommendation Mental Health Training PAL & Community Based Organizations {CBOs) Enhanced Relationships Between law Enforcement and Parks Personnel Police Presence At Parks During Large Events/Gatherings lead Stakeholder Judge Leifman's Office (Ms. Habsi Kaba) YMCA (Mr. Brian Sheafer) ,Parks Departments Parks Departments Additional Targeted Areas Participating for Stakeholders Implementation MDCPS Police, Parks Managers and after-Department, CBOs, school program MDCPS (Ms. Debbie coordinators at parks Montllla) and facilities known for youth activities and/or after-school programs CBOs, PAL County-wide organizations, Park agencies Law enforcement, Parks and facilities MDCPS, CBOs known for youth activities and/or after school programs based on priority. Local law Parks and facilities enforcement known for youth agencies activities and/or large gatherings/event ---'""-····· 12 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks Develop training Implement training To be curriculum for target program. determined audience. based on training needs. 1. Identify programs that 1. Increase To be would benefit from communication determined exchange of information. between organizations based on 2. Establish meetings to in related services to needs share information avoid duplication, assessment affecting PAL & CBOs. increase awareness, resulting from identify areas for meetings improvement. 2. Strengthen relationships with Law Enforcement. 3. Leverage program resources. Identify means of Solidify /strengthen No cost to enhanced communication ongoing partnerships realize. and advanced schedules between parks for meetings. personnel, police and CBOsduring scheduled meetings/events through increased police participation/ presence. 1. Continue to implement Enhanced safety and Costs to be special events security at upcoming determined administrative order events. based on the (MDC) A0-8-3. event. 2. Share MDC order with municipalities. ~ N CJ1 Recommendation Enhance public awareness of existing crime prevention/ reporting programs Develop Lockdown Procedures at Parks Physical/ CPTED Facility Security Reserve/Volunteer Park Ranger Program Security for Public Housing Near Parks """"""~~-··· ·············-· Lead Stakeholder Citizen's Crime Watch of Miami-Dade Parks Department Parks Department Parks Department Miami-Dade Public Housing and Community Development '"~"~·~·· Additional Targeted Areas Participating for Stakeholders Implementation Parks Departments, 1st priority -Parks and Miami-Dade facilitiesJocated In high Schools Police, crime areas based on CrimeStoppers of top zip c,odes/patrol Miami-Dade areas. znd priority-All other parks as a crime prevention strategy MDCPS Operations. All parks with CBOs and municipal recreation centers and parks CBOs Miami-Dade Police Parks and facilities and local law known for youth enforcement activities and/or after agencies school programs based on priority list, which is based on assessment. All park agencies All parks Miami-Dade Parks Public housing Department, local bordering/near parks law enforcement agencies ·······-····--····················---13 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks 1. Formulate public Enhance awareness of To be awareness strategy for Crime Watch-Be determined Youth Crime Watch Brave and Park Watch based on Concept, Be Brave to visitors of parks survey of Hotline. through installation of needs; 2. Add Signage/Enhance signs and other Park Watch Program To awareness materials/ Include Surrounding campaigns. Neighborhood. Crimestoppers. 3. Increase coordination between CrimeWatch and Park Watch Programs. 1. Establish procedures Implement lockdown No cost and protocols for procedures. anticipated. lockdown. 2. Develop training drills. 1. Identify parks for Identify Costs related survey based on priority,. cameras/lighting to cameras/ 2. Begin security needs based on CPTEO lighting; assessments. recommendations. funding source to be determined based on availability. Develop policy for 1. Implement program Funding program. and begin training. needed for 2. Share results with training park agencies. materials I uniforms. Establish/strengthen Establish points of No cost . relationship between contact between anticipated. housing site managers, affected entities and parks, and local law impleme'nt lines of enforcement. communication. . ··········-·····-- ~ N 0) Recommendation Route Safety 1 Identify The School Bus Routes/Stops That Are Systems of Care & Re-Entry Most Problematic Identify the MDT Routes And Stops That Are Most Problematic (Carrying Juveniles To And From School) Increase students' access to school-based behavioral/mental health services and referrals Lead I I Stakeholder Miami-Dade County Public Schools Miami-Dade Transit Miami-Dade County Public Schools (MDCPS) n Additional Participating Stakeholders Miami-Dade Schools Police, Local Law Enforcement Miami-Dade Schools Police and local law enforcement Targeted Areas for Implementation Problematic bus routes to include stops and actual buses. Problematic MDT bus routes to include stops and actual buses. All students Action Steps for First 6 Months See Appendix lb. See Appendix lb. 1. Maintain qualified and credentialed site-based student services team. 2. CAHSD will provide 2012 Head Start Community Needs information. 3. Comprehensive training for principals, teachers, and school personnel. 4. Establish health and mental health services throughout the school system. 14 Outcomes for I Additional 6 Month Funding Benchmarks Increase police I No cost patrol and address anticipated. problem areas. Increase police patrol and address problem areas, and consider additional routes to expedite commute for Increased services and ratio of counselors to students. To be determined based on recommended actions. To be determined based on the number of counselors needed. ~ N ....... Recommendation Develop pathways to connect resources (stakeholder meetings) Develop pathways to connect resources (stakeholder meetings) Support the families by providing a family advocate/mentor for all youth reentering the community from some form of incarceration lead Stakeholder MD CPS MDCPS Empower Youth Additional Targeted Areas Participating for Stakeholders Implementation See APPENDIX 2. At-risk youth and families See APPENDIX 2. At-risk youth and families State Attorney's Miami Gardens, Office (SAO), Homestead, and Juvenile Services Liberty City Department (JSD), Department of Juvenile Justice (DJJ), Administrative Office ofthe Courts (AOC), Department of Children and Families {DCF} and (CBO's) 15 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks 1. Recruit other service Coordinate Leverage providers. monthly resource , blended 2. Conduct Universal sharing/networkin funding for 6 Screenings. g meetings for month 3. Look into supplemental, service providers benchmark mental and health clinics. (meetings will be 4. Agencies should present established their community services between the directly to principals. MDCPS, CBOs, and 5. An individual (not on MDC). M DCPS payroll) who takes the responsibility of sending and linking community organizations with the school and the needs of students should be placed inside each schools. 1. Gather and review Develop Directory/ Leverage information. Resource Book. blended 2. Recruit other resource funding links, i.e., Switchboard, Children's Trust. 1. Identify resOurces Develop needed to provide Memorandum of advocacy and mentorship Understanding for families (MOU) for service 2. Tap into faith-based delivery. community programs for support. ~ N 00 Family Engagement Recommendation One Stop education center for youth reentering the community after release from confinement or juvenile justice programs to prevent drop-out Training and retention of a cadre of effective Juvenile Judges Develop a Training Center/Professional Development Menu for collaborative participation of organizations/ professionals that provide services to at-risk youth and their families .................... lead Stakeholder MDCPS Public Defenders MDC Juvenile Services Department ----------------""""-............ Additional Participating Stakeholders State Attorney's Office (SAO), Public Defender (PD). Juvenile Services (JSD), Dept. of Juvenile Justice (DJJ), Administrative Office of the Courts (AOC), and Community Based Organizations (CBO's)-DCF, Our Kids, and South Florida Workforce SAO, JSD, DJJ, AOC, andCBO's See APPENDIX 2. Share Your Heart (Victory for Youth), lesbian Gay Bisexual Transgender (LGBT), Federation of Families, Faith Based Organizations, MDCPS ~-"~·-··········· 16 Targeted Areas Action Steps for Outcomes for Additional for First 6 Months 6 Month Funding Implementation Benchmarks Miami Gardens, 1. Explore the re-entry Finalize White Explore Homestead, and court pilot One Stop Paper. funding Liberty City through partnerships with options schools, DJJ, and CBO's 2. Establish and transition protocol for all youth entering a correctional facility to assist in motivating youth as they're released from confinement 3. Identify best practice programming for youth reentering the community i.e. Pilot drug court scenarios and re-entry court with judges 4. Develop White Paper detailing the plan. County-wide 1. Reach out to the Chief Work with Chief To be Judge to schedule meeting. Judge to train and determined 2.. Begin advocating for the engage juvenile ongoing training and judges. retention of effective juvenile judges. County-wide Identify organizations-local Make list available No additional and national-that are to the community. funding presently providing needed evidence-based training in the area of children and family engagement. ····--""--··············--"""""""""-····················--""""""""~·-·····················-· ~ N <0 After School & Mentoring Programs Recommendation Identify best practice/ evidence-based family engagement models that also include a parent training component Enhance promotion of 211 and the county-wide 311 Keep parks and schools open after traditional hours to provide services ------""""""""""'-···· Lead Stakeholder MDC Community Information And Outreach Department MDC/MDCPS Additional Targeted Areas Participating for Stakeholders Implementation See APPENDIX 2. County-wide MDCJSD, MDCSP, The Natural Helper (The Children's Trust), Urban League of Greater Miami Switchboard of County-wide Miami CBO's County-wide . ···-·· ·~""" 17 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks 1. Research best practice/ Implement No additional evidence-based family models. funding engagement models. needed 2. Research best practice parent training model. 3. identify a family engagement model appropriate for Miami Dade County. We will use the model across the board between MDC, the School system and the CBOs so that our approach is uniform and consistent when engaging families. 4. Identify a Parent training model appropriate for Miami Dade County's diverse community. Disseminate information of Assess referrals Additional agencies listed with 211 and outcomes of funding and 311. call-ins. requirements unknown 1. Develop a work group to A plan for Additional come up with a viable plan. implementation funding will be 2. Identify specific parks will be developed. needed and schools based on service needs C~f the community. -n•~n•n~~u~ ~--······ "" . . -~---~-~""" ~ w 0 Recommendation MOU with CBOs to provide various services lead Stakeholder MDCPR/MDCPS ·········································-----Additional Targeted Areas Participating for Stakeholders Implementation Belafonte Taco ley County-wide Center, The Children's Trust, Urban Partnership Drug Free Community Coalition and Branches Inc., MDCPS South Florida Behavior Network 18 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks 1. Contact Miami-Dade MOU's signed Will be Parks & Recreation between MDCPR assessed after (MDCPR) and MDCPS and MDCPS. first six regarding current months. programming and available space for new programming 2. Develop a master list of present programs and space available in school and parks. 3. Develop MOU that will be signed between parks and schools for use of the facilities and enhancement of present programs (MOU approval will be obtained via the Board of County Commissioners). 4. Gather a master list of CBO Programs county-wide and their needs for space 5. Identify transportation services for children in need. 6. Identify organizations that can provide counseling services at the local parks and schools. I ~ w ~ Youth Empowerment & Employment Recommendation One-Stop Mentoring Referral System Creating Community Change: Youth Empowerment Summit Poster Contest (Prevention Activities Ongoing} lead Stakeholder Big Brothers Big Sisters (BBBS) MDCPS YON Additional Targeted Areas Participating for Stakeholders Implementation All mentoring County-wide agencies, City Year, Take Stock, Empowered Youth, MDCPS,MDC Anti-Defamation County-wide youth league (ADL), empowerment Youth Move, MCCJ, culminating events Youth Crime Watch held simultaneously (YCW), in every senior high Safe Schools school Chamber of County-wide Commerce Project Century ····--··-· -~""" 19 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks 1. Identify target zip l.lncreased Additional codes/communities. number of funding is 2.1dentify mentoring students and needed to program in each zip code. mentors enrolled sustain future 3. Create a database that in mentoring projects captures mentoring programs. services. 2. Mentoring 4. Disseminate list to Resource Center Providers. (MRC) will launch 5. Expand school-based list of mentoring mentoring to community agenCies. mentoring {i.e. school to 3. Hold Call to work, churches, etc.). Action event at the 6. Expand workplace beginning of the mentoringto include school year. municipalities and entrepreneurial skills to be included. 7. Mentoring Resource enter (MRC) provides database. Series oftrainings for Peer Leaders Leverage selected middle schools facilitate the existing and senior high schools development of community peer leaders. school-site action resources plans. 1. Publicize and promote Winner identified Sponsor contests. and recognized. organizations 2. Briefing sent to a II for prizes. schools and principa Is. 1 ····································-·---"""~ .. ·········································- ~ w f\) Recommendation Youth Dialogue (Ongoing)/School Based training Identify and enhance employment programs and initiatives that have a track record of success to meet the needs of the community by advocating for funding to support summer job opportunities South Florida Workforce Identify and advocate for funding to support summer job opportunities lead Stakeholder MDCPS South Florida Workforce SFW/MOC SFW/MDC Additional Targeted Areas Participating for Stakeholders Implementation Youth Move, ADL, MCCJ, YCW, Safe schools MOCPS, The County-wide Children's Trust, Local Businesses, Faith Based Organizations, Civic Organizations MDCPS, The Homestead, Liberty Children's Trust, City, Overtown, Miami Local Businesses, Gardens, North Miami Faith-based Beach, FL City, etc. Organizations 20 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks 1. Partner with MDCPS to Youth Dialogue MDCPS provide training to all (Ongoing)/School students like no place for Based training hate, youth crime watch techniques and safe school practices 2. Develop action plan for training. 1. Research !.Establish 1. Solicit large Select & COntact agreements/ corporations employment programs and Funding. 2.Applyfor initiatives that have a track .2. Secure job · State record of success to meet placement and and federal the needs of the employer funding community. mentoring paid 3. Solicit stake-2. Schedule meetings with wages holders. business leaders and 4. Collective conduct presentations Funding. designed to increase participation of new businesses for job placement of motivated young people. 3. Utilize Recommendations and Youth Surveys and Assessments to drive process of addressing the needs of the community. 4. Identify work sites. Identify worksites Secure job To be placement and determined employer mentoring paid wages. ····---- ~ I w w Lead Recommendation I Stakeholder Engagement 1 Create focus groups with Miami-Dade the following groups: County Libraries a. Youth and Juveniles b. Parents Impacted by Violence c. Teachers d. Residents \ to share Working Group Recommendations and obtain feedback on best ways to engage others. [LINKED TO In-School's "Create a Coalition of Schools" Recomme Empowerment 1 Promote Youth Miami-Dade Empowerment Summits County Public Schools [LINK TO Youth Services' "Creating Community Change" Recommendation) Additional Participating Stakeholders Empower Youth, PTA, Faith-based Community, Urban Partnership Drug Free Coalition, Miami-Dade County Public Schools Targeted Areas for Implementation I County-wide County-wide Action Steps for First 6 Months 1. Identify library venues to host groups 2. Identify a professional facilitator. 3. Gather feedback from focus groups. 4. Incorporate parents as well as school-age (i.e., 5000 Role Models, Youth Summit Leaders, etc.) and college students in the development of a plan to empower them in their communities. 21 Outcomes for l Additional 6 Month Funding Benchmarks Provide action item oriented report based on group's findings. Will be assessed after first six months. ~ w ~ I Recommendation Provide communication channel between youth and law enforcement. [LINKED TO In-School's" Crime Stopper's Application" Recommendation] Promote Coalition of Youth Crime Watch, Park Watch, and Neighborhood Watch [LINKED TO Out-of-School's "Enhance Youth Crime Watch Concept" Recommendation] Lead Additional Stakeholder Participating Stakeholders Crime Stoppers Miami-Dade County, MDPD, Media partners Crime Watch Parks Department, MDCPS, law Enforcement ' '''''' 22 Targeted Areas Action Steps for Outcomes for Additional 1 for First 6 Months 6 Month Funding Implementation Benchmarks County-wide Work with CrimeStoppers Launch application None at this to develop a marketing marketing time. campaign to promote campaign. application. Targeted in key Work with Crime Watch to Assess progress of None at this communities based on develop a marketing targeted time. data campaign to support communities. outreach efforts. ----~ ............ ··············----'''''''''''''''' ~ w CJ1 Recommendation Education/ Create and identify Awareness "universal" and "per target audience" messaging using data from focus groups and youth summits. ---------------······························--Lead Additional Targeted Areas Stakeholder Participating for Stakeholders Implementation Miami-Dade Urban Partnership County-wide County Drug Free Coalition Community Information and Outreach (CIAO) and Miami-Dade County Public Schools 23 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks 1. Develop an extensive launch a long term None at this media plan where awareness time. Will messaging, audience, campaign assess further media outlets, reach, targeting parents, after six duration of campaign, and students and the months. rates are established and public sector. detailed. 2. Utilize Building Better Communities and the People's Transportation Plan as marketing models (community meetings and workshops). 3. Use marketing research tools to identify the top media channels, online, outdoors, print, transit. (i.e. advertise in shoppers to reach parent. Target video game & social media sites to reach children. Mall directories for both audiences). 4. Use County Assets to advertise on (i.e. GSA, Vizcaya, Zoo, 3-1-1 etc ... ). 5. Engage recognizable faces from each targeted community to be spokespersons. 6. Use PSAs in Heat and Marlins game-offered to the County free of charge. 7. Utilize Social and local media. ~ w 0) Recommendation Engage in a long-term awareness campaign lead Stakeholder Miami-Dade Additional Participating Stakeholders Miami-Children's Youth rnmmunl1'v Youth Targeted Areas for Implementation 1. County-wide, with the possibility to expand beyond our region. 2.Targeted communities to pilot increased engagement efforts Action Steps for First 6 Months 1. Target parents, students and the public sector through avenues such related to the school The Parent AGidPmv_ PTA/PTSA, etc. -breast cancer awareness) 3. Develop a county-wide committee to create an operational plan where communication is established between all departments and school board (i.e. School Board robo cal!.s) which will allow for the use of in-school media channels 4. Promote Poster Contest Services s. Enhance promotion of 211 &311. 24 Outcomes for I Additional 6 Month Funding Benchmarks student I None at this increase _ time. Will assess after six audience and I months: better market the Issue. 2. Assess progress on engagement partnerships and update plans. ~ w ....... 25 APPENDIX 1 Recommendations to Increase Police Presence and Visibility for In-School Safety MDSPD will meet with all local agencies to identify gaps in current service and discuss commitments for increased police presence and visibility in schools. MDPD and MDSPD also will continue with the following current practices that are in place: • Directed patrols • Traffic enforcement (ingress & egress) • Opening/closing of the school year • Holiday/vacation dismissals • Classroom Presentations • Education (DARE/PAL) • Programs (mentorships/Shop With a Cop and Bigs in Blue) • Collaborative efforts (when requests are made by MDSPD) • Truancy sweeps . Additionally, departments can enhance their current practices by employing some or all of the following recommended strategies: Strategies Departments Park and Talk : Aventura Police • During available patrol time, with an emphasis on critical times of ingress and egress, Bal Harbour Police officers will respond to schools in their area, where they will park their vehicles in a Biscayne Park Police visible location and engage in conversations with school staff, parents and students. Florida City Police This action will be recorded in the officer's daily activity reports. Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police North Miami Police Pinecrest Police --· ~ w 00 Conduct Roll Calls at Schools: • During each month, area squads will conduct roll calls outside schools in a visible location. Methodologies for roll call deployments will incorporate statistical data and MDSPD requests. Classroom Presentations: • Officers will respond to schools on scheduled dates throughout the school year to conduct classroom presentations on a variety of topic to include: Career Day, the Great Program, K-9 presentations, and drug awareness. 26 South Miami Police Sunny Isles Police Surfside Police West Miami Police Aventura Police Bal Harbour Police Biscayne Park Police Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police North Miami Police Pinecrest Police South Miami Police Sunny Isles Police Surfside Police West Miami Police Aventura Police Bal Harbour Police Biscayne Park Police Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police North Miami Police Pinecrest Police South Miami Police ~ w <0 Write Reports: • Officers will be directed by area supervisors to complete their reports in highly visible locations at school sites, with an emphasis on times of ingress and egress. quadrant Patrol: • This strategy identifies schools that are situated within a quadrant, which is comprised of several grids, in an assigned area of patrol. Once identified, deployments of quadrant patrol for area schools will be based on statistical data that encompasses crime trends as well as MDSPD and community requests. This patrol strategy will be recorded in the officers' Daily Activity Reports. 27 Sunny Isles Police Surfside Police West Miami Police Aventura Police Bal Harbour Police Biscayne Park Police Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police North Miami Police Pinecrest Police South Miami Police Sunny Isles Police Surfside Police West Miami Police Aventura Police Bal Harbour Police Biscayne Park Police Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police North Miami Police Pinecrest Police South Miami Police Sunny Isles Police .......... ~ ~ 0 28 Surfside Police West Miami Police Departmental Training: Aventura Police • All police agencies can utilize MDCPS facilities during school hours to conduct in-service Bal Harbour Police training for course such as Cardio Pulmonary Resuscitation (CPR), Report Writing and Biscayne Park Police other academic based courses. Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police North Miami Police Pinecrest Police South Miami Police Sunny Isles Police Surfside Police West Miami Police Departmental Meetings: Aventura Police • In coordination with MDCPS local agencies will host community meetings that may Bal Harbour Police include the Citizens Advisory Committee monthly meetings and other town hall Biscayne Park Police meetings at area schools. This effort will increase visibility and presence during night Florida City Police school activities. Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police North Miami Police Pinecrest Police South Miami Police Sunny Isles Police Surfside Police -----------·······································---------------------- 29 West Miami Police Adopt-a-School: Aventura Police • This initiative will involve a two-prong approach with officers assigned to a community Bal Harbour Police policing role who will work and interact with the kids, through mentorship. The Biscayne Park Police program encourages volunteerism for officers who want to give back to their Florida City Police community by using schools as the focal point. Their presence will increase visibility at Homestead Police schools and build stronger partnerships within the school community. Coordinate with Key Biscayne Police MDSPD to identify targeted schools within each area. Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police North Miami Police Pinecrest Police South Miami Police Sunny Isles Police Surfside Police West Miami Police ~ ~ Use of Police Reserve Officer (PRO} Program: Aventura Police ~ • Provide School Resource Officer Training to PRO's who can be deployed to area schools Bal Harbour Police for greater visibility. This could also be inclusive of the Adopt-a-School Biscayne Park Police recommendation. Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police North Miami Police Pinecrest Police South Miami Police Sunny Isles Police Surfside Police West Miami Police "~"'"" ~ ~ f\) APPENDIX lb Recommendations to Increase Police Visibility for Out-of-School Safety MDPD and MDSPD will contact local agencies to discuss commitments for increased police visibility for out-of-school safety. MDPD and MDSPD will also continue with, and in some cases add or enhance, the following practices: • Truancy sweeps • Traffic enforcement • Police presence during early release dates • Directed patrols Additionally, departments can enhance their current practices by employing some or all of the following recommended strategies: Strategies Departments Truancy Sweeps: Aventura Police • Identify partnerships with law enforcement and community through commitments to Bal Harbour Police participate in this initiative. These partnerships will include local law enforcement agencies and Biscayne Park Police community groups. Cutler Bay Policing Unit • MDSPD will coordinate monthly truancy sweeps and notify all participating agencies. Florida City Police • Commit to participate in high visibility monthly truancy sweeps with MDSPD County-wide. Homestead Police • Commit to conduct sweeps on dates likely to have high truancy (i.e. national skip day) . Key Biscayne Police • Commit to encouraging regular truancy enforcement . Miami Beach Police • Work with community groups to encourage reporting of truants (i.e. Crime Watch) Miami-Dade Police 30 Miami-Dade Public Schools Police Miami Lakes Policing Unit North Miami Police Palmetto Bay Policing Unit Pinecrest Police South Miami Police Sunny Isles Police Surfside Police ~ ~ w Traffic Enforcement: • Identify partnerships with law enforcement and community. Coordinate logistics for traffic enforcement/education details. • Commit to conduct high visibility traffic enforcement details in areas frequented by youth after school hours or during commute/route 3 times a week. • Traffic details may include enforcement and/or education initiatives such as speed zone enforcement and seat belt violations. • Feedback and assessment of success will be measured through communication with stakeholders such as park managers, schools administrators, and community meetings such as Crime Watch. Police Presence During Early Release Dates: • Commit to provide enhanced visibility by way of directed patrols on early release dates (as provided by School Board). • MDPD Homeland Security Fusion Center to provide advance notice of dates via email notification to all stakeholders. • Feedback and assessment of success will be measured through communication with stakeholders such as park managers, schools administrators, and community meetings such as Crime Watch. 31 West Miami Police Aventura Police Bal Harbour Police Biscayne Park Police Cutler Bay Policing Unit Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police Miami Lakes Policing Unit North Miami Police Palmetto Bay Policing Unit Pinecrest Police South Miami Police Sunny Isles Police Surfside Police West Miami Police Aventura Police Bal Harbour Police Biscayne Park Police Cutler Bay Policing Unit Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police Miami Lakes Policing Unit North Miami Police ~ ~ ~ Route Safety: • Identify problem routes/stops by surveying bus drivers . • Commit to provide enhance police visibility by way of directed patrols at Miami-Dade Transit and Miami-Dade Schools bus stops/routes identified as problematic or having rowdy students. • MDT and Schools Transportation to provide lists of problematic stops/routes as they are identified and re-assess regularly. 32 Palmetto Bay Policing Unit Pinecrest Police South Miami Police Sunny Isles Police Surfside Police West Miami PoliceAII Local Parks Agencies I CBOs. Aventura Police Bal Harbour Police Biscayne Park Police Cutler Bay Policing Unit Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police Miami Lakes Policing Unit North Miami Police Palmetto Bay Policing Unit Pinecrest Police South Miami Police Sunny Isles Police Surfside Police West Miami PoliceMiami-Dade Schools Transportation Miami-Dade Transit ~ ~ CJ1 APPENDIX 2 Systems of Care/Community Collaboration Contact List r. McGrath -Denys Figueroa Homeless Youth Program 305.825.0300 Habsi Kaba AOC HKaba@judll.flcourts.org deiada Kochen ICFH akochen@ichinc.org 1 Alvao Domenech ICFH adomenech@icfhinc.org Constance Collins Lotus House Directorlotushouseshelter.or Nicole Attong SFBHN nattong@sfbhn.org Niurka Rolo Citrus Health Network niurka@citrushealth.org rank Manning DJJ Doubcas Hughes Mimami Coacilation Lori Laing Chrysalis Helath II a ing@ch rysa lishelath .com Jeanette Garcia JSD Jac0076@miamidade.gov ica Myanez l MDCPS/S. Service amyanez@dadeschools.net DCPS agoldman@dadeschools.net 33 ~ ~ 0) 34 APPENDIX 3 Engagement of Parks Departments for Out-of-School Recommendations Strategies Parks Departments and Organizations Signing On Work Stations at Critical Parks: Miami-Dade Parks, Recreation, and • Identify prioritized list of sites for work stations-parks and facilities with youth Open Spaces Department (PROS) activities and/or after school programs. City of North Miami • Identify potential agencies that would enjoy mutual benefit . City of Miami Springs • Draft memorandum of understanding between participating agencies-State, Local City of Doral and Federal Government partners. YMCA Optimist Club of Kendall Hammocks Police Athletic League (PAL} and Communit~ Based Organizations {CBOs): PROS • Identify programs that would benefit from exchange of information . City of North Miami • Establish meetings to share information affecting PAL & CBOs . City of Miami Springs • Increase communications between organizations in related services to avoid City of Doral duplication, increase awareness, identify areas for improvement. YMCA Optimist Club of Kendall Hammocks PartnershiQ between Law Enforcement {LE} and Qarks Qersonnel L enhanced relationshiQs: PROS • Identify means of enhanced communication and advanced schedules for meetings . City of North Miami Beach • Solidify/strengthen ongoing partnerships between parks personnel, police and CBOs City of North Miami during scheduled meetings/events. City of Miami Springs City of Doral YMCA Optimist Club of Kendall Hammocks ---- ~ ~ ....... Police Presence at Parks During Large Events I Gatherings: • Develop/enhance communications between Park Departments and Law Enforcement for advanced notification of large events or gatherings in parks. Parks Departments to share policies, procedures, legislation for large events. Develop Lockdown Procedures at Parks: • Establishment of procedures and protocols for lockdown at all parks with recreation centers and CBO youth facilities. Crime Prevention Through Environmental Design (CPTED): • Identify parks for survey based on priority. CPTED is a multi-disciplinary approach to deterring criminal behavior through environmental design. CPTED's goal is to prevent crime by designing a physical environment that positively influences human behavior. • Begin security assessments. • Identify cameras/lighting needs based on CPTED recommendations. Reserve I Volunteer Park Ranger Program: • Develop policy for program. • Phase in beginning with parks and facilities with youth activities and/or after school programs. • Expand to additional Parks as reserve and volunteer rangers are added to the program. 35 PROS City of North Miami Beach (currently in place) City of North Miami City of Miami Springs City of Doral YMCA Optimist Club of Kendall Hammocks PROS City of North Miami Beach (currently in place) City of North Miami City of Miami Springs City of Dora I PROS City of North Miami Beach City of North Miami City of Miami Springs City of Doral YMCA Optimist Club of Kendall Hammocks PROS City of North Miami City of Miami Springs City of Doral YMCA Optimist Club of Kendall Hammocks 36 Exhibit 1 Op-Ed Articles 148 iht BiamiHetalb Posted on Sun, Dec. 23, 2012 ng our gun BY ALBERTO CARVALHO AND CARLOS GIMENEZ Superintendent'sOffice@dadeschools. net 37 NISSA BENJAMIN I MIAMI HERALD STAFF Our country is at a crossroads, one where we must stop and refocus on what is important. Last week twenty beautiful little angels and six dedicated educators were taken in a senseless random act of violence in Newtown, Conn. Since then our nation has struggled for answers as to how such a tragedy could happen. This tragedy has touched every American, every parent, every child in a manner that is difficult to describe. In terms of the safety and preparedness of our schools, Miami-Dade County Public Schools is prepared for any emergency; however, a random act of violence is not predictable, particularly when perpetrated by an unstable individual. As a result, constant vigilance and preparedness are key to the security of our schools. M-DCPS is fortunate to have its own full-service police department, one of few in the state, and a full complement of security monitors at every school. Even though every school has a site-specific emergency plan, all security protocols are being reviewed, including municipal first responder collaboration. Currently, the Schools Police Department has mutual aid agreements with all 37 local and state law enforcement agencies which service our community, ensuring that maximum resources are available in the event of any emergency. The safety of our children is a concern and a responsibility which extends beyond just the school system. It extends beyond our courageous men and women of law enforcement; it is a shared responsibility. That is why as superintendent of schools and Miami-Dade County mayor we are committed to coming to the table to evaluate how we, along with the county and other municipalities, can work together to create an envelope of safety around our schools. Therefore in the coming weeks we will be inviting all of the chiefs of our community's police agencies to review current safety protocols and develop recommendations for improvements. Similarly, we are working to bring together mental healthcare professionals and those who provide social support services to identify opportunities for early interventions for at-risk and troubled youth. These meetings will then be followed up by a convening of mayors and other elected officials so that we may collectively identify resources and assets necessary to protect our schools and provide support to our youth. It is our intent that this work will yield specific recommendations and agreements which will 149 be announced by February. M-DCPS will also be providing planned critical safety and security infrastructure upgrades at schools in the immediate future as a result of the funds made available by the passage of the $1.2 billion bond referendum this past November. Examples of planned improvements include: perimeter fencing and campus access control, fire and security alarm replacement and upgrades, public address system replacement and upgrades, additional surveillance cameras, and emergency lighting system upgrades. Those who continue to advocate the dilution of capital outlay funds, particularly into non-public entities, must consider the implications on the safety conditions at our publicly owned school facilities. We can and we will continue to fortify our schools and improve our safety and security protocols because the lives of our students and staff remain a paramount priority. Our nation has seen far too many tragedies like Newtown. Each time the horrible tragedy is met with an outpouring of emotion and a subsequent knee-jerk reaction from pundits and politicos, albeit rarely with any long term results. The recurring failure is that the emotional reaction to the heinous act never truly addresses the root cause of the problem. This cannot be the case again. Now is the time to put aside petty differences, partisan politics, and poll results and take a good long look at our policies and legislation, care and services for those with mental or emotional challenges, and our overall culture which regularly inundates youth and adults alike with violence, a disregard for the sanctity of life, and images and video games which glorify criminal lifestyles and the degradation of women. 38 The responsibility for safety of our youth, the security of our schools, the very return of civility to our society does not rest at the feet of any one entity, but is instead a shared duty of us all. It must begin with an honest national conversation about our values and our priorities at the very highest levels of our government, in our houses of worship, in town squares and around our dinner tables. As Americans, as public officials, as fathers, our hearts broke on December 14 when those 20 little angels and six educators lost their lives, just as our hearts ache each and every time one of our own students loses their life as the result of a foolish decision or violent act. Through collaborative partnerships, responsible resource allocation, the availability of mental health and counseling services, and regular emergency response training we must create a safe environment in and around our schools and our students. This is an imperative of the highest order which can no longer be ignored or postponed. There can be no higher priority than the lives of our children. Alberto Carvalho is superintendent of Miami-Dade County Schools. Carlos Gimenez is mayor of Miami-Dade County. © 2012 Miami Herald Media Company. All Rights Reserved, http://www.miamiherald.com 150 lhtBiamiHeralb · Posted on Sun, Jan. 27, 2013 A holistic approach to gun violence Miami-Dade BY CARLOS GIMENEZ AND ALBERTO CARVALHO miamidade.gov/mayor/ 39 NISSA BENJAMIN I MIAMI HERALD STAFF Elected leaders and law-enforcement officials from across Miami-Dade County convened a Joint Roundtable on Youth Safety last week, assembled in the wake of several recent tragedies involving guns and child victims, both nationally and locally. Among these were the senseless shootings of Miami teenagers Bryan Herrera and Aaron Willis, bright young students guilty of nothing more that riding their bikes when shot without reason or provocation. Our aim is to ensure that this community does everything possible to protect our most precious asset -young people like Bryan and Aaron -not only in their classrooms but also in their neighborhoods and local parks. These places should be safe havens for our children. Following the heinous acts of a few, we must redouble our efforts to fortify our community's public spaces, because no parent should ever have to second-guess their decision to let their child bike to a friend's house, walk home from school, or play ball at the local park. The first roundtable meeting included a frank exchange of ideas among the participants, with many stating that our overriding focus must be on safeguarding our schools. While school safety remains vital, statistics tell us that our schools are generally safe and that tragedies like the one at Sandy Hook Elementary are the exception, not the rule. In Miami-Dade County's public schools, more than 40 students' lives were cut short by violent acts in the last four and a half years; only one of those was on school grounds. So, while we will continue to improve school safety, we must also take a holistic, community-wide approach to our mission. In the coming weeks, the Youth Safety Roundtable will bring together four distinct working groups to assess what we are doing right to keep our kids safe in and out of the classroom; identify those areas where we are coming up short; and chart a clear path forward. That path must include a common-sense approach to gun control and gun responsibility. The working groups will include diverse local stakeholders: community leaders, educators, law-enforcement officials, mental-health specialists, social-service professionals, and faith-based leaders. The broad perspectives and expertise these parties bring to the table will help us answer the tough questions that recent tragedies have forced all of us to ask ourselves. 151 What are we currently doing to safeguard our children at our schools, at our parks, and in our neighborhoods? How can we improve? Are we giving our most vulnerable youths proper support? And how can we engage the broader community in this effort? 40 The answers to these questions and others will form the guidelines for safeguarding our young for the long term - a working document that we will revisit regularly for comprehensive updates and concrete actions. The Joint Roundtable on Youth Safety will not be truly effective if it only remains a priority for a few months. Our children deserve better from us; we must be vigilant and keep this issue squarely in the forefront for years to come. While the memories of recent tragedies may fade with time, the possibility of future tragedies will not. Ultimately, the success of our efforts to address this community-wide issue will take true community-wide buy in, with each and every resident taking personal responsibility for the safety and well-being of our young people. We all have a stake in this. If we are successful in keeping our children safe, we will be successful in keeping our entire community safe. Miami-Dade Mayor Carlos A. Gimenez and Schools Superintendent Alberto M. Carvalho are co-chairs of the Joint Roundtable on Youth Safety. © 2013 Miami Herald Media Company. All Rights Reserved. http://www.miamiherald.com 152 41 Exhibit 2 First Roundtable Invitation 153 CARLOS A. GThlliNEZ :t.IA\'OR January 9, 2013 [ADDRESS BLOCK] [Honorable I Chief] : ALBERTO M CARY ALHO SUPERINTENDENT 42 On behalf of Miami-Dade County Public Schools and Miami-Dade County, we invite you to participate in a Joint Roundtable on Youth Safety to be held on January 18, 2013, at 2:00p.m., at the Vizcaya Museum & Gardens Village Garage, located at 3250 South Miami Avenue (parking available at the Miami Science Museum parking lot). This Roundtable will unite Mayors and Police Chiefs within the Miami-Dade community to work together on this vital public safety initiative. Over the past few years, senseless acts of violence have affected our entire nation. The recent tragedy in Newtown, Connecticut, as well as random violence against youth in our own community demand that we, as a community, come together to address this issue. The focus of the Roundtable will be the safety of our community's youth, not only in our schools, but also in our parks and neighborhoods. The objective is to share successful practices, discuss current challenges and define helpful recommendations for short and long-term solutions. In order to efficiently and effectively address this community-wide issue, we must first come together and share information to ensure that the strongest safety protocols are in place. Through these discussions, we will also identify ways to leverage our collective resources, encourage and increase community engagement, and create an envelope of safety around our schools and our children. We look forward to working with you on this collaborative effort. Sincerely, Carlos A. Gimenez Mayor Miami-Dade County Alberto M. Carvalho Superintendent Miami-Dade County Public Schools 154 43 Exhibit 3 Working Group Participation Form 155 Name: Joint Roundtable on Youth Safety Working Group Participation Form 44 Name of Organization: Address: Phone Number: Alt. Phone Number: Email: I would like to participate in: __ Youth Safety Working Group: In-School Youth Safety Working Group What do we currently do to ensure that our children are safe at our schools? Are there strategies that we are not currently utilizing that should be explored? If strategies are not being used, what are the reasons and ways to overcome impediments? Are there policies, state or federal laws or regulations in place, that hinder these efforts? __ Youth Safety Working Group: Out-of-School Youth Safety Working Group What do we currently do to ensure that our children are safe at our parks? In our neighborhoods? Are there strategies that we are not currently utilizing that should be explored? If strategies are not being used, what are the reasons and ways to overcome impediments? Are there policies, state or federal laws or regulations, in place that hinder these efforts? __ Youth Services Working Group How do we currently support all of our youth in our community? How are their needs assessed? How are services delivered? How is success determined? Are there gaps in this process that need to be reviewed? What prevention strategies are currently in place in your community? __ Community Education and Empowerment Working Group What community services are already available in the community? Are there current initiatives/community-based groups working together to address youth safety? What level of coordination, if any, exists between the various community agencies? Why and how were they created? How is success determined? Is there duplication of effort? Can coordination across the county be improved? How can the impact of these efforts be maximized? Please indicate participation preference by placing "1" for your first choice, "2" for your second choice, or "3" for your third choice by the respective working group category. If you have any questions or need additional information, please contact: Ms. Ul/iam B. Del-Gado, Administrative Assistant, at 305 99~1497 or email at lbdelgado@dadeschools.net, or Ms. Jackie Anghei-Novick, Assistant to Senior Advisor, at 305 375-2911 or email at angheiJ@miamidade.gov. Deadline: Tuesday, January 22, 2013. 156 45 Exhibit4 Second Roundtable Invitation 157 ALBERTO M CARY ALHO SUPERINTENDENT February 28, 2013 [ADDRESS BLOCK] [Honorable I Chief] : CARLOS A GIMENEZ lllAYOR 46 On behalf of Miami-Dade County Public Schools and Miami-Dade County, we invite you to participate in the second Joint Roundtable on Youth Safety to be held on March 8, 2013, at 3:00 p.m. in the media center at Miami Senior High School, located at 2450 S.W. First Street, Miami, Florida, 33135. Parking is available at the northeast corner of West Flagler and West 24 Avenue. The parking lot entrance is off West 24 Avenue. This meeting will unite mayors and police chiefs within the Miami-Dade community who have been working together with community stakeholders on this vital public safety initiative. Since the first roundtable met on January 18, 2013, four working groups, In-School Youth Safety, Out-of-School Youth Safety, Youth Services, and Community Education and Empowerment, have worked tirelessly to identify ways to leverage our collective resources, encourage and increase community engagement, and improve safety protocols for our public spaces in order to create an envelope of safety around our children. The focus of this second roundtable will be to share the recommendations for short and long- term solutions developed by these working groups and to discuss how we can best implement these practices within our respective communities. If you plan to attend, please contact, Ms. Lilli am B. Del-Gado, Administrative Assistant, Office of Intergovernmental Affairs, Grants Administration, and Community Engagement, Miami-Dade County Public Schools, at 305 995-1497 or lbdelgado@dadeschools.net. We look forward to your continued participation on this collaborative effort. Sincerely, Alberto M. Carvalho, Superintendent Miami-Dade County Public Schools Carlos A Gimenez, Mayor Miami-Dade County 158 Exhibit 5 Pledge Template 159 47 {INSERT ORGANIZA T/ON'S LOGO) Joint Roundtable on Youth Safety Pledge of Commitment 48 (Organization's Name) has participated in the Joint Roundtable on Youth Safety process and will be collaborating as a partnering stakeholder in the long-term action plan that will be presented at the second Joint Roundtable taking place on March 8, 2013 at 3pm. The success of our efforts to address this community-wide issue will require authentic long-term buy-in and consistent communication within and between participating organizations and agency. By signing this document, I (person's name) pledge my continued support of prioritizing youth safety in Miami-Dade County and will proceed in taking the necessary steps to continue (Organization's Name) involvement in this vitally important partnership. Signed--------------------Date _____ _ Print Name ------------------- 160 49 Exhibit 6 Resolution Template 161 RESOLUTION NO. RESOLUTION SUPPORTING THE REPORT PRESENTED BY THE JOINT ROUNDTABLE ON YOUTH SAFETY AND DIRECTING THAT ANNUAL UPDATES BE PROVIDED ON THE PROGRESS OF THE COMPREHENSIVE COMMUNITY-WIDE ACTION PLAN INCLUDED WITHIN THE REPORT 50 WHEREAS, the safety of our youth is critical to the safety of our entire community; and WHEREAS, the Joint Roundtable on Youth Safety aims to ensure that Miami-Dade County does everything possible to protect our youth not only in their classrooms but also in their neighborhoods and local parks; and WHEREAS, through the Roundtable, Miami-Dade County Mayor Carlos A. Gimenez and Miami-Dade County Public Schools Superintendent Alberto M. Carvalho engaged leadership from all 34 municipalities and over 1 00 community stakeholders within Miami-Dade County to work on this vital public safety initiative; and WHEREAS, safeguarding the youth in our community is a long-term process that must be revisited regularly for comprehensive updates and concrete follow-up actions; and WHEREAS, to ensure that the strongest safety protocols are in place, information must be shared county-wide in order to identify ways to leverage our collective resources and to encourage and increase community engagement; and WHEREAS, the success of the Roundtable's efforts to address this issue will be dependent upon true community-wide buy in, with each and every resident taking personal responsibility for the safety and well-being of our young people; and WHEREAS, the Board supports the efforts of this Roundtable, and directs the Mayor or designee to work cooperatively with and support the Roundtable's work as outlined in its comprehensive, community-wide action plan; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board: 162 51 Section 1. Fully supports the Joint Roundtable on Youth Safety process and accompanying report. Section 2. Directs the Mayor or designee to continue the work and activities shared within the report. Section 3. Requests that an annual progress update be provided to the Board of County Commissioners. The foregoing resolution 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: Rebeca Sosa, Chairwoman Bruno A. Barreiro Jose "Pepe" Diaz Sally A. Heyman Jean Monestime Sen. Javier D. Souto Juan C. Zapata Lynda Bell, Vice Chair Esteban L. Bovo, Jr. Audrey M. Edmonson Barbara J. Jordan Dennis C. Moss Xavier L. Suarez The Chairperson thereupon declared the resolution duly passed and adopted this day of , 2013. This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Approved by County Attorney as to form and legal sufficiency. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK By:-:::--:--:::-:---:------- Deputy Clerk 163 THIS PAGE INTENTIONALLY LEFT BLANK 164 ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Michael Gongora, Commissioner DATE: April 9, 2013 SUBJECT: Referral Item for April 17 Commission Meeting Please place on the April Commission meeting consent agenda a referral to the Neighborhoods Committee to discuss the restoration of Monument Island. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 165 Agenda Item C (/ H Date 'f-11-13 THIS PAGE INTENTIONALLY LEFT BLANK 166 ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager '~ FROM: Michael Gongora, Commissioner DATE: April 9, 2013 SUBJECT: Referral Item for April 17 Commission Meeting Please place on the April Commission meeting consent agenda a referral to the Finance Committee to discuss small cells on existing polls. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df Agenda Item C. {{I. Date 1(-11-13 167 THIS PAGE INTENTIONALLY LEFT BLANK 168 C6 COMMISSION COMMITTEE REPORTS (") en MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Mem y Commission FROM: Jimmy L. Morales, City Manager DATE: April 17, 2013 SUBJECT: REPORT OF THE NEIGHBORH OD/COMMUNITY AFFAIRS COMMITTEE AND LAND USE DEVELOPMENT COM ITTEE (LUDC) HELD ON TUESDAY, MARCH 19, 2013. A meeting of the Neighborhood/Community Affairs Committee and Land Use Development Committee was held on Tuesday, March 19, 2013 at 3:00PM in the City Manager's Large Conference Room. Commissioners in attendance: Commissioners Ed Tobin, Jerry Libbin, Michael Gongora 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 3:30 PM. 1. a) DISCUSSION REGARDING MIAMI BEACH MASS TRANSIT LOOP b) DISCUSSION REGARDING TRANSIT ENHANCEMENTS FOR NORTH BEACH Jay Fink, Public Works Assistant Director presented the item and introduced Alan Brick-Turin (MPO Consultant) to present the background on the item. Mr. Brick-Turin gave an extensive overview of the Miami Beach Mass Transit Loop, stating the plan was to reduce the number of trips in the neighborhood; operate sustainable vehicles utilizing natural gas, hybrid vehicles; and not be subject to Miami-Dade Transit (MDT). He indicated that MDT is currently offering services to City of Miami Beach residents, but not the type of services the City wants to offer to its visitors. He also indicated that a survey was conducted with City residents, hotel guests and 25 buildings' residents, asking them about their travel behavior. The response was good from a number of full- and part-time visitors as well as residents working outside Miami Beach, aged 17-99 years old. Of all peopled surveyed, 48% indicated they use public transportation. This is the same percentage reflected for the City of Miami Beach Survey. Mr. Brick-Turin stated that the reason people were not using public transportation is consistent with his own experience that transit in the City is not reliable, does not go where people want to go, and is not the type of service that makes people feel good about public transportation. Commissioner Libbin asserted that the lack of accurate information is an obstacle for riders as bus information differs at bus stops. He also inquired as to pricing for digital signs. Mr. Brick-Turin indicated that he didn't have information on pricing and agreed with Commissioner Libbin as to the importance of having schedule information for riders at bus stops. He also expressed concern that not all buses are operational all the time. As Mr. Brick-Turin continued, he stated that MDT was initially willing to continue with the same funding deal (split 60%-40%) for the South Beach (SB) local when the study commenced, but that Agenda Item C" /J. 170 Date Y,t7""'J3 City Commission Memorandum April17, 2013 Report of the Joint Neighborhoods/Community Affairs Committee and Land Use Development Committee of March 19, 2013 Page 2 of 3 is no longer the case. MDT has concerns about its ability to even meet the current bus schedule and is beginning to cut back. He went on to project that the cost of the equipment and maintenance to operate the buses would be around $17 million over a 5-year period. The City has the ability to contract with them for service but at the City's expense. Alternatively, the City can buy the buses and contract a private operator. When comparing these two options, the biggest difference would be the cost of the City employee driver and the benefits associated with it as you would pay a private contractor less. The absence of a maintenance facility is another concern. Building a maintenance facility is not cost-effective because the estimated cost would be around $4 million for only 7-9 buses. Commissioner Tobin inquired about the City's costs for the SB local. Jay Fink responded $1.2 million. Members of the Public spoke. Commissioner Libbin made the motion to create loops on the NB and look to also having an express ride from 71 51 street to SB. The motion was seconded by Commissioner Exposito. ACTION: The Committee (Commissioner Tobin, Gongora, Libbin and Exposito present) with a split vote 3-1 (Commissioner Tobin opposed) moved to have the item for the next NCAC meeting. 2. MASS TRANSIT CONNECTIVITY. (5:45PM) Kathie G. Brooks, Interim City Manager presented the item, and asked for direction from the Committee. The original grant application lists the City as the standalone entity; if we decide to do this, this item will be presented to the Metropolitan Planning Organization (MPO) in April, after our Commission meeting, so it will have the time to go to the Commission meeting as well. Commissioner Exposito asked for more specificity as to the integration and connection points within the City and connecting points throughout the County. Kathie Brooks responded that the intent is to connect the main land through various points throughout the City, and explore the appropriate terminals of such connections. Commissioner Gongora made the motion to participate in the study and allocate the necessary funds. The motion was second by Commissioner Tobin. Commissioner Gongora made a second motion to refer to Transportation and Parking Committee and formulate a more direct plan. The motion was seconded by Commissioner Tobin with the further direction to send to Land Use Committee. ACTION: The Committee (Commissioner Tobin, Gongora, Libbin and Exposito present) unanimously passed the motions. 3. a) DISCUSSION REGARDING THE BIKE MASTER PLAN b) DISCUSSION REGARDING THE COMPREHENSIVE BIKE MASTER PLAN c) DISCUSSION REGARDING THE IMPACT OF BICYCLES-INCLUDING THE DEC BIKE PROGRAM AND THE BIKE MASTER PLAN -AND OTHER VEHICLES, SUCH AS SEGWAYS AND SKATEBOARDS, ON SIDEWALKS AND PEDESTRIAN PATHS 171 City Commission Memorandum April17, 2013 Report of the Joint Neighborhoods/Community Affairs Committee and Land Use Development Committee of March 19, 2013 Page 3 of 3 d) DISCUSSION REGARDING UPDATING THE BIKEWAYS MASTER PLAN TO BETTER INTERACT WITH THE CITY'S TRAFFIC CALMING PLANNING (4:56PM) Kathie G. Brooks, Interim City Manager presented the item followed by a presentation by members from Street Plans. Commissioner Libbin asked administration to encourage and obtain feedback from City residents. Commissioner Exposito asked the presenters, based on their expertise, what the opinion was with regards to bicycles on collector versus non-collector roads. A Street Plan member responded stating that the challenge in Miami Beach is connectivity as most streets north to mid beach and South Beach are going to be collector arterial road-based and that it is a design challenge with which they are working with the county and FOOT to resolve. Members from the public spoke. Commissioner Tobin made a motion to negotiate this scope to do the revision to the AGN and to bring back to commission. ACTION: The Committee (Commissioner Tobin, Gongora, Libbin and Exposito present) unanimously moved to bring this item to Commission. 4. a) DISCUSSION REGARDING STATUS OF BEACH WALK FROM SUNRISE PLAZA TO 4TH STREET. b) STATUS UPDATE FOR THE BEACH WALK FROM SUNRISE PLAZA TO FIFTH STREET. (4:30PM) Jay Fink, Public Works Assistant Director gave the status on the items, stating that project had two phases. Phase I is Sunrise plaza to 3rd street and Phase II is 3rd street to 5th street. The cost of the project is $2.2 million, fully funded by the City. The issue is to ensure that any future addition to any portion of the Beach Walk or Board Walk should have an elevation such that you can see the water. Kathie G. Brooks also suggested that in the future, the Commission should be extraordinarily careful regarding putting anything in the dunes since they are the first line of defense against storms surges. Linda Meners and Jeff Ringler spoke Commissioner Exposito for NCAC and Commissioner Libbin from LUDC made the motion to move forward with the project, and report back in 60 days to the NCAC meeting, seconded by Commissioner Tobin for both committees. ACTION: The Committee (Commissioner Tobin, Gongora, Libbin and Exposito present) unanimously moved to have this item discussed on 60 days at the NCAC meeting. THE MEETING ADJOURNED AT 6:30 PM. J LM/MAS/BH/jen 172 THIS PAGE INTENTIONALLY LEFT BLANK 173 LLI 174 ~ ....... CJ1 ' -r-.. ... ·~ NE!GHBORHOOD/COMMUN!TY AFFAIRS SIGN-IN SHEET PLEASE PRINT LEGIBLY I £:_\ G\ ~~~~ !'. \"-~',ct' ~ , co~. e w\-e~"'-@. tLU t:Uku '>"> y~y Y'~~---,-"''~'''" ---'-~_.7~~~-~------------- MIAMI BEACH of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMITTEE MEMORANDUM TO: Mayor Matti Herrera Bower and Mem FROM: Jimmy L. Morales, City Manager DATE: April 17,2012 SUBJECT: REPORT OF THE CAPITAL IMPRO EMENT PROJECTS OVERSIGHT COMMITTEE MEETING OF JANU Y 14, 2013 A meeting of the CIP Oversight Committee was held on Monday, January 14, 2013. The meeting was called to order at 5:42 p.m. Please note: 1) These minutes are not a full transcript of the meeting. Full audio and visual record of this meeting available online on the City's website: http:// www. miamibeachfl. govlvideolvideo.asp 2) Minutes reflect the order of the meeting according to the printed agenda. Items were taken out of order. Refer to the times at the right of the page for when the item was heard. 1. ATTENDANCE See attendance sheet copy attached. Saul Gross inquired as to why Eleanor Carney's name was still included on the attendance report. Mrs. Carney is no longer a committee member. Staff informed the committee that the City Clerk gave the direction to leave the name on the report until a replacement member is selected. Staff will further check with the City Clerk's Office on the status of committee vacancies. 2. REVIEW AND ACCEPTANCE OF MINUTES 5:43p.m. Report of the Capital Improvement Oversight Committee Meeting of October 22, 2012 Dwight Kraai pointed out that the minutes only stated, under the "additional discussion" section, that a discussion was held about seawalls, without any summary of the discussion. He added that he wanted his opinion entered into the record (additional to the discussion at the October meeting) that raising the height of seawalls would be insufficient as protection devices in addressing the effects of sea level rise in Miami Beach. Mr. Kraai also sent to staff some information he also wanted added to the record that explains the point. This is provided as an attachment with the January 14, 2013 Minutes. Saul Gross pointed out that the point of that discussion was that many of the public seawalls are in disrepair, such as the Indian Creek seawall from 41 Street to 23 Street. The Committee recommends that the City adopt a program to address the conditions of the seawalls while taking into account their role in the overall improvements that will be part of the comprehensive stormwater master plan that is also addressing sea level rise. The October 22, 2012 minutes have been updated to include the substance of the discussion about seawalls. 176 Agenda Item Date C/POC MEETING MINUTES, January 14, 2013 Page 2 of6 MOTION: Acceptance of Report (Minutes) of the October 22, 2012 CIPOC Meeting. MOVED: PASSED: As updated. T. Trujillo UNANIMOUS Robert Rabinowitz *It was also noted that two items that were included as Commission items at the October meeting were pulled from the October Commission agenda (the Beachfront Restrooms at 6 and 53rd Streets; and the Sunset Island I & II contingency increase) and were placed on the Commission agenda for January 16, 2013. 3. APPROVAL OF 2013 MEETING DATES Meeting dates are as follows and posted on the City's web site Monday, February 4, 2013 Monday, March 11, 2013 Monday, April 15,2013 Monday, May 6, 2013 Monday, June 3, 2013 Monday, July 15, 2013 August -Recess Monday, September 9, 2013 Monday, October 14, 2013 Monday, November 18, 2013 Monday,December9,2013 4. PUBLIC COMMENTS No one came forward with public comments (Terry Beinstock spoke about Sunset Islands Ill & IV when that business was discussed) 5. OLD BUSINESS I REQUESTED REPORTS a. North Beach Neighborhoods Status Report: Normandy Isle Phase II Neighborhood Improvements 6:01 p.m. Mattie Reyes, Senior Capital Projects Coordinator reported on the status of the project. A detailed written report is included in the January 14, 2013 agenda packet. The City is currently negotiating with Lockwood, Andrews & Newman (LAN), the AlE consultant. They resubmitted their fee schedule and staff is negotiating fees and scope of work for this part of the project. Although it is a relatively small project, the City will proceed to issue an ITB for the contractor. Fernando Vazquez said that in this case, the Office of CIP prefers to go through the ITB process, diminishing the use of Job Order Contracting (JOC) in light of recent events surrounding contractors on that list. If a project is well planned, he stated, it is best to go out and, competitively bid. Status on Biscayne Point Neighborhood Improvement Project 6:12p.m. Carla Dixon, the project manager, was not present at the meeting. No committee member had questions about the Biscayne Point project, so nothing was presented verbally. Detailed written status of the work being performed in the three sub-neighborhoods (Biscayne Point Island, Biscayne Beach and Stillwater Drive) is included in the printed agenda packet for the January 14, 2013 meeting. F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\4-Aprii\CIPOC January14 Meeting Minutes FINAL.docx 177 CIPOC MEETING MINUTES, January 14, 2013 Page 3 of6 b. Middle Beach Neighborhoods Status Report: Central Bayshore Improvements 6:12p.m. Maria Hernandez, Senior Capital Projects Coordinator said that water meter "back-to-front" relocations are underway on Flamingo Drive (the only area in the project with this work). The drainage work is now 60% complete. Mrs. Hernandez noted that the drainage was at 20% in September and work has progressed very well. Scope of work was added, based on resident input and extensive community outreach, and the team considers this "Phase II" of the project. This includes roadway narrowing, valley gutters and relocating a pump station. Additional drainage work was also added, resulting in a change order for design. Overall, resident response has been as expected. The work on pump stations and dewatering efforts in particular can be noisy and presents some inconveniences. Once residents get information from PIOs and understand the process, they are appreciative and less likely to be upset about the impacts. The project team has demonstrated that they are committed to completing tasks and cleaning up. There are resident groups who disagree about Prairie Avenue-widening to include bike lanes. This portion of the work requires direction from Commission. Most streets in the project will be narrowed. Status Report: Lake Pancoast Improvements 6:14 p.m. Maria Hernandez, Senior Capital Projects Coordinator reported that the project is 70% completed overall and targeted for completion in March, 2013. The pump station on the street end at 24 Street is now at 50% completion. 24 Street and the rotunda in front of the Mantell Plaza are the last part of the project. The year-long project is on schedule. Status Report: Sunset Islands I & II 6:17p.m. Maria Hernandez, Senior Capital Projects Coordinator reported that the project is 70% completed overall and targeted for substantial completion in March, 2013. DMSI is completing the last of seven drainage structures. The first lift of asphalt will be put down on Island I soon. The first lift has already been placed on Island II. Saul Gross asked about change orders on this project. Staff is working with DMSI, the contractor, as some of the change orders have been approved, some have not. Some of the change orders submitted are contingent on Commission approval of the additional contingency. All of the outfalls are completed with the exception of outfall #11, which requires additional work at an additional cost, which is now being negotiated. The resident had removed the encroachment from the easement over this outfall, making way for the necessary open-cut trenching. Status Report: Sunset Islands Ill & IV 6:29 p.m. Terry Bienstock, of the Sunset Island Ill & IV Association, spoke about the project. The residents participated in a (one) 1 month long process of voting for the utility undergrounding. There was an overwhelming response in favor of placing utilities underground. Rick Saltrick, City Engineer, further explained that the Public Works Department has completed the Design Criteria Package (DCP) for the streetscape work. F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\4-Aprii\CIPOC January14 Meeting Minutes FINAL.docx 178 CIPOC MEETING MINUTES, January 14, 2013 Page4 of6 Elizabeth Camargo asked how far into private property does the topographic survey show, referencing the need on Sunset Island II for driveway harmonization with the street elevation. Mr. Saltrick said that the survey shows conditions that are 25 feet into private property from the right of way. The question was asked in reference to issue of the 19 driveways on Sunset Island II that now require harmonization with the new roadway elevation. This condition is not expected to be an issue for the Sunset Island Ill & IV project. Mr. Saltrick pointed out that the Sunset Ill & IV project is a design/build project, as opposed to a design/bid/build project. The design/build firm is involved in design and construction and carries the burden of proper design and execution of the plans. Status Report: Lower North Bay Road 6:21 p.m. Maria Hernandez explained that the project is currently on hold. The contractors were terminated for convenience. Fernando Vazquez further explained that this was a legal decision as a result of the issues with the JOC Uob order contract) list. A new invitation to bid {ITB) will go out after the Public Work Department approves recent "tweaks" to the design documents (which are based on recommendations in the new stormwater master plan). c. South Beach Neighborhoods Status Report: Venetian Island Neighborhood Improvement Proiect 6:24 p.m. Mattie Reyes, Senior Capital Projects Coordinator said that bids were received and the City hired a third-party consultant to review the bids. The Technical Review Panel will meet on January 17 to evaluate the bidders. The firm of Craven and Thompson will analyze the structure of the bids, and that analysis will be presented at the February CIPOC meeting. Roberto Rodriguez reported that the County is completing the landscaping work on the causeway. The County work on the causeway is not interfering with the neighborhood project going forward. Status Report: Palm & Hibiscus Island Undergrounding 6:03 p.m. Mattie Reyes, Senior Capital Projects Coordinator said that the design criteria package is being reviewed by a consultant. Public Works is also reviewing the DCP. When the revisions are returned, the City will issue an RFQ for consultants to submit bids for design/build. Status Report: South Pointe Phase Ill, IV & V Neighborhood Improvement Protect 7:49 p.m. Capital Projects Coordinator Carla Dixon, the project manager for this project, was not present at the meeting. Information about the progress of this project are included in the agenda packet. 6. COMMISSION ITEMS: 6th and 53rd Street Restrooms Project This item was voted on at the October 22, 2012 CIPOC meeting. This item is on the January 16, 2013 Commission Agenda. Sunset Islands I & II Project This item was voted on at the October 22, 2012 CIPOC meeting. This item is on the January 16, 2013 Commission Agenda. Collins Park Garage Project 6:33 p.m. Humberto Cabanas and Thais Vieira presented the item. The plans for the garage were presented to the public at a community meeting in September. The BOOR is complete and will be approved for review by Commission on January 16, 2013. F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\4-Aprii\CIPOC January14 Meeting Minutes FINAL.docx 179 CIPOC MEETING MINUTES, January 14, 2013 Page 5 of6 The project is for a 5-story garage that includes 17,500 square feet of retail space, 470 parking spaces, 50 bike stalls and incorporates a pedestrian plaza and public gathering space. Saul Gross asked who the ultimate users will be of the garage, will the hotels use the space. Fernando Vazquez clarified that at this stage, CIP is handling design, and operational questions should be directed to the Parking Department. Saul also asked if a cost analysis was being done in conjunction with the design. The original cost estimate was for $16 million, and that cost is now up to $20 million. The improvements proposed also include the surrounding area and may extend into Liberty Avenue north of 23 Street. Robert Rabinowitz asked how parking will be provided while construction is underway as two current surface lots will be unavailable. CIP is coordinating with the Parking Department, as they have on other projects. For example, when Collins Park surface lot was under construction, temporary parking on a gravel lot was provided within Collins Park. Brian Ehrlich asked the capacity of the current lots on 23 Street, which will be demolished to make way for the new garage. Staff did not have that answer at the time of the meeting. MOTION: Recommend to the Mayor and Commission to pass the resolution. MOVED: D. Kraai 2"d: S. Kilroy PASSED: UNANIMOUS South Pointe Park Pier Project 6:04 p.m. Amendment #4 to the Professional Services Agreement with Atkins North America includes Resident Project Representative (RPR) services to supplement the already contacted Construction Administration (CA) services. to oversee construction and engineering, in addition to the contracted CEI services. The contract includes specialty items such as scuba diving and pile testing. A third party looked at the additional cost. Mattie Reyes negotiated the price, which includes inspection services. Demolition was to begin in November, but there was a setback with the location of the corals. The City is now negotiating with DERM for a solution to rebuilding the relocation boxes. Q: What happens if the consultant is still being paid while the project is stalled? The contract is on a 12-month basis, the City has the option towards the end of the project to scale back services. Saul Gross suggested adding an amendment to the contract with language preventing payment to the consultant in instances where the project is on hold. Mattie Reyes pointed out that this project is a construction manager at risk, so it is in the contractor's best interest to complete the project as soon as possible. MOTION: MOVED: Recommend to the Mayor and Commission to pass the resolution. T. Trujillo 2"d: E. Camargo PASSED: UNANIMOUS Additional Discussion: 5:50 p.m. Capital Improvement Projects Web Site Maria Palacios presented on the progress of the new CIP site, which is to go live by February, 2013. The site can be navigated by searching by neighborhood, by project and by type of project. F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\4-Aprii\CIPOC January14 Meeting Minutes FINAL.docx 180 CIPOC MEETING MINUTES, January 14, 2013 Page 6 of6 It includes information about each active project, and such items as photos, alerts and related documents. One component of the site is an interactive map with GIS (Geographic Information System) layers which also brings users to individual project information. Integration of this element is taking longer than expected, but the site will launch soon. The Committee asked that contact information for the individual Public Information Officers (PIO) for the projects be included, as well as searchable copies of the Basis of Design Reports for each project be included on the site. Staff is already working on these components. Meeting Adjourned: 6:44 p.m. Next CIPOC meeting is scheduled for Monday, February 4, 2014 at 5:30 p.m. in Commission Chambers. However, meeting schedule may change. Official notification will be posted on the City Clerk Calendar, http://www.miamibeachfl.gov/calendar/cmbcalendar.aspx each month. Attachments: Attendance report Information on the "Netherlands Effect" submitted by Dwight Kraai F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\4-Aprii\CIPOC January14 Meeting Minutes FINAL.docx 181 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Mem y Commission FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: REPORT OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE HELD ON MONDAY, MARCH 18, 2013 A meeting of the Neighborhood/Community Affairs Committee was held on Monday, March 18, 2013 at 3:00 pm, in the City Manager's Large Conference Room. 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 3:31 PM. 1. Discussion Regarding How Compliance Will Be Measured In Future Bids That Include Requirements To Take Affirmative Steps To Encourage The Use Of Certified Minority And Women Owned Businesses, Veterans, And Local Preference. b) Discussion Regarding A Review And Consider Modification To The Military Veterans Vendor Preference Ordinance No. 2011-3748. c) Discussion To Review And Consider Modification To The Local Vendor Preference Ordinance No. 2011-3747. (3:31PM) Commissioner Libbin presented the item. The way it is being handled, he said, is not what he intended. The evaluation committee was given the Request for Qualifications (RFQ), a score sheet with all the companies on it, and a score already assigned on how many points they already have for various preferences, like veterans, local vendors, etc., thus eliminating the ability to score them independently. 1) The points should be blind, the committee shouldn't have knowledge of who's getting what, and the ranking should be based on the total amount of points after the administration applies the points, then determined who is first, second or third. 2) We need a better definition to define a local vendor. Does the vendor need to have an office within the City? Does the vendor need to have a main office in the City doing the same business? Raul Agui.la added that it was a good idea to add that the vendor should have an office in the City during the duration of the proposal. Commissioner Libbin added that this should only apply to the principal team members, not the whole team that they submit the proposal. Commissioner Tobin stated that he liked the idea of local preference, but asked if this really helps the City of Miami Beach. Agenda Item C~ C. 182 Date Y'-I 7-13 City Commission Memorandum April17, 2013 Report of the Neighborhoods/Community Affairs Committee of March 18, 2013 Page 2 of 4 Alex Denis, Procurement Director, stated that there were two issues: 1) The definition of local preference; and 2) Whether or not it is the Team or Principal which qualifies for the designation. According to most agencies, like the County, City of Miami, State of Florida and Federal GSA, the principal is the defining member. As to the local preference, the City recently implemented a requirement that applicants had to have a lease within city limits for at least 6 months prior to their submittal. Commissioner Tobin asked Alex Denis to figure out the best way to do this, in order to accomplish the objective. He also suggested revisiting the issue in 6 months to a year. He went on to say that if the City got more contracts with companies hiring veterans and employing locals, maybe applicants will employ a little bit more scrutiny pre-screening employees. Kathie G. Brooks, Interim City Manager, agreed and stated that the City is trying to define what is important. Currently, we look for the State Certification verifying a veteran-owned business. Is this enough? Or is it that they also employ veterans as well? Commissioner Libbin stated that companies on the State Certified list qualify. Erick .... Bill Diggs Spoke Raul Aguila asked the commissioners to give recommendations on the items discussed today including: 1) Blind Scoring; 2) The clarification as to principals; and 3) Establishing 6 months residency requirement. Commissioner Libbin made a motion to strengthen this ordinance for local and veteran vendors with the points applied at the end and requiring the principal to have a local office in the City one year prior to bid submission. Motion was seconded by Commissioner Tobin. ACTION: The committee (Commissioner Tobin and Libbin present) unanimously moved the motion. 2. Discussion Regarding Proposed Amendments To The City's Film And Print Guidelines. (4:34PM) Acting Assistant City Manager Max Sklar presented the item and explained the ordinance in reference to the guidelines for the City's Film and Print permit. Commissioner Libbin asked the amount of current fines imposed for violations. Kathie G. Brooks, Interim City Manager, stated that the City does not have a set fine schedule for such permits. The process is for the violation to go to the Special Master and then a fine is assigned. Commissioner Libbin thinks that the penalties are too subjective and suggested they need to be more objective, i.e. ee more in detail, exactly what are you going to be measuring, why, how the fines, etc. Commissioner Libbin made a motion to tighten this ordinance and bring in it to the Commission Meeting; motion was seconded by Commissioner Tobin. ACTION: The committee (Commissioner Tobin and Libbin present) unanimously moved the motion to bring it to the Commission Meeting. 183 City Commission Memorandum April17, 2013 Report of the Neighborhoods/Community Affairs Committee of March 18, 2013 Page 3 of4 3. Discussion Regarding The Fine Schedule For A Proposed Ordinance Amending The Following Chapters In The Code Of The City Of Miami Beach To Provide Civil Enforcement And Penalty Provisions To Replace Criminal Misdemeanor Enforcement And Penalty Provisions As Follows: Amending Chapter 70 Entitled "Miscellaneous Offenses," By Amending Article I, Entitled "In General," By Amending Section 70-6, Entitled "Penalties," To Provide Civil Penalties And Special Master Enforcement Provisions Relative To The Prohibitions In Chapter 70, Except For Violations Of Section 70-3 Entitled "Vibration"; By Amending Chapter 74 Of The Miami Beach City Code Entitled "Peddlers And Solicitors," By Amending Article I, Entitled "In General," By Amending Section 74-1 Entitled "Soliciting Business In Public From Pedestrians," By Providing That The Solicitation Of Any Food, Beverage Or Service Is Also A Prohibited Activity And Providing Civil Penalties And Special Master Enforcement Provisions; By Amending Chapter 82 Of The Miami Beach City Code Entitled "Public Property," By Amending Article I, Entitled "In General," By Amending Section 82-1, Entitled "Conducting Business On Streets, Parks Or Other Public Property," By Providing Civil Penalties And Special Master Enforcement Provisions; Providing For Repealer; Severability; Codification; And An Effective Date. (Deferred) ACTION: Item was deferred to the April NCAC meeting 4. Discussion Involving A Long Term Solution For The Ongoing Rodent issue on 41st Street. ACTION: Item was deferred to the April NCAC meeting 5. a) Discussion Regarding Coordination Of FOOT Projects In The City. b) Discussion Regarding A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Temporary License Agreements, Permanent Easement Agreements, And A Storm Water Pump Stations And Pollution Control Structures Maintenance Memorandum Of Agreement, In Substantially The Attached Forms, With The Florida Department Of Transportation, For The Construction, Harmonization, And Maintenance Of Proposed Improvements As Part Of The State Road 907/Aiton Road Project From 5th Street To Michigan Avenue (4:00PM) In reference to current City projects, Commissioner Libbin asked if the administration has a Bar Graph showing the overlap for the next three years. By doing so, we can see what is impacted and raise awareness so people know what is going on and what is going to happen and when. This can help the administration get the word out so residents are informed. Commissioner Tobin agreed with Commissioner Libbin's suggestion. He further asked the Public Works Department to provide information about the approach used for handling these large construction projects. Jay Fink, Public Works Assistant Director, gave an overview on how the projects are being handled including message boards and similar things that come in each phase of various projects. As they come up with their MOT as to where they are going to direct traffic, the City gives the ok, From the City point of view, we need various message boards in key locations so traffic can be diverted accordingly With the Alton Road project, Lynn Bernstein has been assisting trying to get the PIO for FOOT to reach out to all the businesses, the committee and various members of the local HOA to come up with monthly meetings, so that as the project goes into construction, everybody on that quarter is aware of what is going on. 184 City Commission Memorandum April17, 2013 Report of the Neighborhoods/Community Affairs Committee of March 18, 2013 Page 4 of 4 Commissioner Libbin asked in reference of the Collins project that starts on May 29, if there have been meetings with business owners to let them know what is going to happen and how are they going to deal with the interruption of traffic or parking. Patricia Walker, Chief Financial Officer, stated that there is an ongoing meeting with the leadership of the Collins Improvement Association (CIA) and the same public officers for the Alton Road project will serve in the same capacity for Collins Avenue and they will go door to door to bring more up to date information. She asserted that it is an ongoing process and a, Fact Sheet will be provided. Commissioner Tobin alluded to a resolution passed by the commission stating that the Public Works Department was to look up the FDOT projects not only for compliance but for also getting best amount of work on the street as possible. Commissioner Libbin made a motion to request the administration to provide more detail and a timeline with schedule of work and it's the impact specifically ACTION: The committee (Commissioner Tobin and Libbin present) unanimously moved the motion. 6. Discussion Regarding the Illegal Vendors, Including Illegal Tobacco Vendors in Miami Beach. (4:24PM) Commissioner Libbin presented the item, stating how the prices had been increasing due to illegal vendors for the different tours rides, and that the City should be stopping the illegal vendors. Kathie G. Brooks, Interim City Manager reminded that in last Commission meeting there was a referral in reference to the tour operators, because the City does not have any regulations in place. Commissioner Libbin brought the issue of illegal Tobacco Vendors, who are roaming the streets approaching customers selling them various products, and sometimes have their merchandise covered with a towel, so as to hide what they are selling. Robert Santos-Aiborna, Code Compliance Director stated that a few months ago had the opportunity to work with a Lieutenant from the Alcohol, Beverages and Tobacco (ABT) agency regarding a specific vendor that was selling fake Cuban cigars. He stated this is an issue; Code Compliance is working on continuously. ACTION: No action was taken 7. Discussion Regarding Forming A Corporate Partnership With City Of Miami Beach And Barry University. ACTION: No action was taken B. Quarterly Report Crime Statistics (4:16PM) Raymond Martinez, Miami Beach Police Chief presented the report. THE MEETING ADJOURNED AT 4:45 PM. KGB/MAS/BH/jen 185 ~ PLEASE PRINT LEGIBLY NAME L~ &AB!d~ ~t=b/JJ -~_.,.,W_<'_H>'X'--«~--..........-.._..........., "?_.,. NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITIEE March 18, 2013 SIGN-IN SHEET -ORGANIZATION I DEPT. I PHONF Nn I 7{p;t_ 61~7 0~ (Q co ~~&=~ ~~ I w/'0?;:;6 5YZG:zl "\J\y;Jln!O .. ~'<Sj~Y'cus='--/]-!Jtl't Q'""; fse "~ .f(_ <NW' ~-' -~ N°k0~~ -~=£"""'*·~M' _._,..._. THIS PAGE INTENTIONALLY LEFT BLANK 187 ~ MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Member FROM: Jimmy L. Morales, City Manager -.1.---- DATE: April17, 2013 SUBJECT: REPORT OF THE FINANCE AN CITYWIDE PROJECTS COMMITTEE MEETING ON MARCH 21, 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 will await the decision from the ITN. Acting Assistant City Manager Max Sklar presented this item. Acting Assistant City Manager Max Sklar stated The Invitation to Negotiate for Food and Beverage Services for the Miami Beach Convention Center was issued on February 5, 2013 and closed on March 12, 2013 with four proposals received. The Administration expects to have a recommendation per Interim City Manager Kathie G. Brooks that can be presented at the April 17, 2013 City Commission meeting and a negotiated contract ready for approval for the June 5, 2013 City Commission meeting. The Committee will await the decision from the ITN. 2. Discussion regarding the status of agreed upon audit procedures for towing companies. ACTION City staff will continue to finalize the agreed upon procedures with the anticipation to present them at the Finance and Citywide Projects Committee meeting to be held in May. Chief Financial Officer Patricia Walker presented this item. Chief Financial Officer Patricia Walker began by stating a series of meetings have taken place facilitated by Ralph Andrade with Parking Director Saul Frances, Internal Auditor James Sutter and representatives from both Towing 188 Agenda Item C6 D Date {f-f7-t3 Companies Tremont and Beach Towing to discuss the formulation of agreed- upon audit procedures to satisfy the Commission's request for verifying cost of operations incurred by the towing companies. The towing companies hired a Certified Public Accountant with experience in cost allocations to assist in developing a method to allocate costs. City staff from the Finance Department, Parking Department and Internal Audit Division met with the towing companies' owners, accountants and attorneys on February 4. 2013, February 27, 2013, March 14, 2013. These meetings began to focus on the type of financial records maintained by the companies, the separation of costs between public and private tows and cost allocations that could be substantiated and used for auditing the business' expenses. The city agreed with the preliminary cost allocation methodology proposed to allocate towing expenses. The majority of expenses would be allocated on statistical data based upon the number of public tows as compared to private tows as they relate to tows with the City of Miami Beach. The towing companies are in the process of extracting this statistical information from their financial records. This is a time consuming task due to the number of towing receipts. This information will be verified and tested during the course of the audit. The towing companies' accountant will continue preparing the cost allocation methods and present them back to the City staff for a meeting scheduled for April 22, 2013. City staff will continue to finalize the agreed upon procedures with the anticipation to present them at the Finance and Citywide Projects Committee meeting to be held in May. NEW BUSINESS 3. Discussion regarding water conservation methods and implementation. ACTION Item Deferred. 4. Discussion regarding authorizing the City Manager to negotiate and enter into temporary licensing-use agreements with contractors requiring the use of City-owned property for the purpose of staging and/or storage of construction equipment in connection with City or privately funded construction projects. ACTION The Committee recommended the City should continue to allow the use of City-owned fee simple land for construction staging; the Administration will establish a policy and a fee structure to govern the process and will discuss getting a credit for additional scope of work for the staging of City projects. Acting Assistant City Manager Max Sklar presented this item. Acting Assistant City Manager Max Sklar began by stating the City has no established policy regarding the use of City-owned fee simple land for construction staging and/or construction equipment storage. Currently, arrangements are made on a case-by-case basis, interdepartmentally, depending on the proposed use of the land. Because it is not feasible to govern the use of City-owned fee simple land by a conventional lease agreement or by 189 the existing mechanism and fee structure identified for use of right-of-ways, the Administration has developed a proposed License and Use Agreement for your consideration, and has also conducted an analysis of comparable market rates for the use of land for construction staging. Chairperson Deede Weithorn stated this poses two issues, should this be allowed for the City and then after that decision should it be allowed for others. Acting Assistant City Manager Sklar continued that in 2011, as the City anticipated escalating its right-of-way (ROW) infrastructure improvement projects, City contractors began to pursue available sites for staging and storage. The City did not have a process or fee structure in place to govern the use of City property for construction staging. Commissioner Jorge Exposito stated there needs to be clarification as to what is considered private versus City or a homeowner with limited space because the question becomes how does this function? Acting Assistant City Manager Sklar stated while there is no fee structure in place for construction staging on fee simple land, a mechanism and fee structure exists regarding obstruction of City right-of- way space during construction staging. Chairperson Weithorn stated its majority consensus that it should be limited to Public projects. Assistant City Manager Jorge Gomez said the ordinance was changed about a year ago regarding the swale in single family districts. Mayor Matti Herrera Bower made a suggestion that workers should be shuttled from City parking garages to these sites which can increase parking revenue as well as reduce impact to the neighborhoods. Commissioner Exposito also added that the neighbors should be notified that construction is to take place. The Committee recommends that the City should continue to allow the use of City-owned fee simple land for construction staging; the Administration will establish a policy and a fee structure to govern the process and to get a credit for additional scope of work for the staging of City projects. 5. Discussion regarding timely publication and distribution of agendas for the City's Boards and Committees, particularly the Committees of the City Commission and the City's Land Use Boards. ACTION The Committee recommended looking at the calendar to determine dates the agenda items would be due and if they are not received, they will not be included or discussed at the meeting. Assistant City Manager Jorge Gomez presented this item. Assistant City Manager Jorge Gomez began the discussion by stating the intention of this referral is an effort to ensure transparency, citizen participation, and proper preparation of those appointed to serve the community. Agendas for the three Commission Committees (Finance & Citywide Projects Committee, Land Use & Development Committee, and Neighborhood/Community Affairs Committee) are posted on the City Clerk's website by the Committee liaisons. There is no City Code requirement for these Commission Committees with regard to public notice. For the City's Land Use Boards (Planning Board, Board of Adjustment, Historic Preservation Board and Design Review Board), there is a City Code requirement for public notice of 30 days prior to the hearing, both in the newspaper and mailed to surrounding property owners. Commissioner Jorge 190 Exposito stated there needs to be a cut off day for publications to be turned in and if they are not received, they won't be included in the current agenda. Chairperson Deede Weithorn stated that most important thing is to get the entire publication out to the public. The Committee recommended looking at the calendar to determine dates the agenda items would be due and if they're not received, they will not be included or discussed at meeting. 6. Discussion regarding the possible World Out Games Miami Beach 2017 Funding. ACTION The Committee recommended the item going straight to Commission once the details have been worked out, because there is already a line item in the budget. Acting Assistant City Manager Max Sklar presented this item. Acting Assistant City Manager Max Sklar introduced Bruce Townsend and Ivan Coni from the World Out Games they in turn discussed the background of their organization. Mr. Ivan Coni began by stating the Miami Beach -Miami LGBT Sports & Cultural League, Inc is a Florida non-profit organization formed to bid on the World Outgames. They are a group of active community leaders involved in Human Rights, Culture or Sports throughout our LGTBQ community. The League was formed to insure that a competitive and organized bid be delivered to Gay Lesbian International Sports Association (GLISA) for the World Outgames 2017. There was an economic analysis breakdown of hotel revenue, meals and night life that would be brought to the City. The estimate is about 55,000 visitors during Memorial Day Weekend in 2017. Chairperson Deeded Weithorn requested how much revenue and expenses the City receives during that weekend in which Acting Assistant City Manager Sklar stated it's about $1.7 million in expenses and they are looking to sell out 150,000 rooms. Mr. Townsend stated they would need their first installment of $60K by June 1. Chairperson Weithorn suggested they meet with staff to go over all of the information and if they are comfortable, it can go straight to Commission since it has been budgeted for. Commissioner Michael Gongora made a motion that since this event has already been budgeted it can go straight to Commission once everything is worked out with staff. Seconded by Commissioner Jorge Exposito. 7. Discussion of Performance and Operational Audit by Crowe Horwarth. ACTION The Committee recommended scheduling a special meeting to review the report beginning two hours before one of the next two scheduled finance meetings. Chief Financial Officer Patricia Walker presented this item. Crowe Horwarth Partner John Weeber began the discussion with a brief summary of the operational and performance audit. He stated that the City of 191 Miami Beach, Florida (the City), engaged Crowe Horwath LLP (Crowe) to conduct an independent performance and operational audit over several key city processes to determine the efficiency and effectiveness of the City's: • Key internal controls; • Department/division processes (including uses of technology); and • Department/division operations and structure. The scope includes, but is not limited to, reviewing organizational structure and culture, internal controls, processes and operations of the: • Code Compliance Division; • Fire Inspection process; • Parking Enforcement Division; • Fire Prevention Division; • Public Works Department (permitting processes only); • Planning Department (permitting process, concurrency fees, impact fees and other related areas); and • Special Master Process. He stated Crowe's objective was to perform a performance audit over the several key city processes. • Identify the processes that have deficiencies and that present significant risks to the City. Provide rankings based on process complexity and risk to enable prioritization. • For processes that have been prioritized (are within scope), gather information and document the current state of processes using a standard format that uses process maps (diagrams) and narrative descriptions. • For each prioritized process, identify and document control deficiencies and potential improvement opportunities. Perform verification steps to ensure current processes and control deficiencies are properly understood and documented. • Identify best practices, where available, and review applicability to the City. • Perform analysis of alternative process improvement approaches and create recommendations based on the analysis. Document recommendations and perform review steps to ensure there is common agreement that the recommendation adequately addresses the deficiency. There was also an IT Audit Specialist utilized to look at Permits Plus since it is a big part of the controls that were being assessed. Crowe Howarth Engagement Manager Mark Maraccini gave a brief synopsis of the fieldwork performed in the various departments, the gaps identified, the recommendations made and the management responses received. City of Miami Beach resident Henry Stolar stated he feels the report does not get to the root of the changes that need to be made. The result of this process does not appear to educate him regarding the quality control points throughout the City and he hopes the special meeting addresses the root of the issues at hand. 192 Chairperson Weithorn stated it is a matter of proper controls not being in place if any deficiencies are found and it is a problem everywhere if we are not in compliance. City of Miami Beach resident Paul Janas asked if a report could be provided at the special meeting on the new software and when it would be in place. Chairperson Weithorn concurred with this request and asked that someone form IT be there to explain. The Committee recommended scheduling a special meeting to review the report beginning two hours before one of the next two scheduled finance meetings. 8. Discussion regarding the bike lanes at Central Bayshore. ACTION The Committee failed to pass the motion to implement either proposals for Prairie Avenue and Royal Palm Avenue as recommended. Interim City Manager Kathie G. Brooks presented this item. Interim City Manager Kathie G. Brooks began by stating that on July 9, 2012, the Administration presented the aforementioned revisions to the Finance and Citywide Projects Committee (FCWPC) regarding additional capital budget request to include additional infrastructure needs for stormwater, roadway milling, resurfacing and valley gutter improvements. There were eleven requests and this was one of the few items not incorporated. As a result, on July 18, 2012, the Mayor and City Commission approved the amendment to the BOOR as approved by the FCWPC. On March 13, 2013, the Commission approved the construction contact Amendment in the amount of $3,723,986 as a result of the design change, but directed that the HOA request the bicycle lanes be reviewed by FCWPC. Since then, they have met with the design group consultants of these projects to consider the removal of bicycle lanes on Prairie Avenue and the implementation of a "Bicycle Boulevard" on Royal Palm Avenue. They also discussed the possibility of re-introducing the narrowing of Prairie Avenue by removal of the bicycle lanes. Atkins Consultant Rafiq Alqasem made a presentation to the board that first began with keeping the bicycle lanes on Prairie Avenue and adding lanes to Royal Palm Avenue. The issues involved are usually safety items from crash history at that location and there appears to be low traffic at this location. As a part of phase one of the bicycle plan, it was determined that this road was safe for bicycle riding and they concluded this is a safe area. Atkins Consultant Anthony Garcia added that if the bike lanes were removed, the current project would be delayed and there would have to be justification on removing the current bike lanes. They also looked at the Bike Boulevard and there is not a need for widening in the almost one mile connection. It is not as visible, but it forms a larger route. The Bicycle Boulevard simply means a normal residential street is given signage and intersection crossings with a speed limit that calms the traffic. Mr. Alqasem stated this can be implemented by doing a traffic study that justifies this change with 2/3 of the residents approving it. A design must be considered where traffic is diverted from royal Palm from 28th Street to 40th Street and onto side streets to give priority to a bicycle facility. Another option being 193 done in Minneapolis is a share the road concept where cyclist and cars both share the lane. CIP Director Fernando Vasquez stated if you narrow Prairie Avenue, you would have to also include the valley gutter. Commissioner Jorge Exposito stated that he is concerned that narrowing the lane without having the center lane makes it seem like a speedway. Mr. Alqasem added to implement these revisions would require approval by 2/3 vote of all residents within the Central Bayshore Neighborhood and/or majority approval by the City Commission. City of Miami Beach resident Gary Hunt stated the he thought the purpose behind this project was that the streets would look like Meridian Avenue with the streets being narrowed, canopies and slower driving. Commissioner Exposito stated he would like to at least explore the Royal Palm idea and made a motion to take back to the Commission the options that have been presented for Prairie Avenue with a request to look at the alternate of a Bicycle Boulevard on Royal Palm Avenue. Chairperson Deede Weithorn did not second the motion and it failed to pass, to implement either proposal for Prairie Avenue and Royal Palm Avenue as recommended. 9. 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. ACTION The Committee recommended bringing the item back to Finance with the RFQ so that the City is prepared when the franchise contractor sale is finalized. Public Works Assistant Director Jay Fink presented this item. Public Works Assistant Director Jay Fink began the discussion item by stating the City currently has three (3) contracts for solid waste/recycling collection and disposal with: Waste Management of Dade County, Waste Services, Inc., and Choice Environmental Services of Miami. At the May 9, 2012 Commission Meeting, Resolution No. 2012-27904 was adopted as amended. A motion was made "to accept exercising the renewal/extension option for one-year only until September 2015, in consideration that the firms will provide $390,000 per year starting immediately, plus $25,000 dedicated for environmental programs (ECOMB) through the life of this extension, in addition to what is already being contributed." At the July 13, 2011 Commission Meeting, the City Administration requested approval to issue a Request For Qualifications (RFQ) for a fourth solid waste franchise contractor to provide residential and commercial solid waste collection and disposal services. This request was made after one of the then existing four (4) solid waste franchise contractors, General Hauling Services, Inc., was acquired by Waste Services, Inc., leaving the City with three (3) solid waste franchise contractors. The City has been informed that Waste Services, Inc. has acquired Choice Environmental Services. Should the City Commission authorize the issuance of a Request for Qualifications (RFQ) for a third solid waste franchise contractor to provide commercial waste collection and disposal services, all aforementioned provisions will be included with a term expiring on August 31, 2015 to coincide with the term of the three (3) existing franchise waste haulers. Sanitation Director Alberto Zamora stated the process should be 194 completed by June. The Committee recommended bringing the item back to Finance with the RFQ so that the City is prepared when the sale is finalized. EMERGENCY ITEM 10. Discussion regarding the waiver of square footage fee and Lummus Park user fees for Gay Pride 2013. ACTION The Committee recommended the waiver be passed. Acting Assistant City Manager Max Sklar presented this item. Acting Assistant City Manager Max Sklar presented the item and stated that last year there was about $8,500 waived during Gay Pride 2012 making this item budget neutral. Commissioner Michael Gongora made the motion to move the waiver as it was done last year. Commissioner Jorge Exposito seconded the motion, motion passed. T:\AGENDA\2013\April 17\03.21.13 FWCP Minutes.docx 195 C7 RESOLUTIONS COMMISSION ITEM SUMMARY Condensed Title: I A Resolution authorizing the City Manager to apply for and accept awards for six (6) applications. Key Intended Outcomes Supported: 1 ), 3) and 4) Enhance learning opportunities for youth; 2) Ensure well-maintained facilities; 5) and 6) Improve storm drainage citywide. Supporting Data: Community Satisfaction Survey2012: 1) Safety in Miami Beach appeared as one of the most important areas affecting resident's quality of life, The Children's Trust grants provide funding for at-risk youth; 2) 89% of respondents rated quality of the City's Emergency/Hurricane preparedness as «Excellent" or "Good'; Other Data: 3) Students who regularly attended high-quality after school programs over two years demonstrated gains of up to 20 percentiles and 12 percentiles in standardized math test scores respectively, compared to their peers who were routinely unsupervised during the afterschool hours. (Policy Studies Associates, Inc., 2007) (Afterschool Alliance); 4) High quality preschool education produces an average immediate effect of about (0.50) a standard deviation on cognitive development, the equivalent of 7 or 8 points on an IQ test (National Institute for Early Education Research Rutgers); Satisfaction Survey 2012: 5) and 6) 43.7% of residents and 45.3% of businesses rated storm drainage in the City as either fair or poor; storm drainage is a key driver of perception of value of City services for tax dollars paid Item Summary/Recommendation: Approval to authorize the City Manager or his designee to submit: 1) An Application to the Children's Trust Service Partnership in the approximate amount of $720,000 for Success University; 2) An Application to the State of Florida for funding from the Department of Homeland Security, Hazard Mitigation Grant Program for $120,000 for the window replacement project at the Miami Beach Botanical Garden; 3) Request to negotiate and execute a contract renewal with The Children's Trust for the City's Out-of-School Program in the approximate amount of $310,000 to provide afterschool and summer services; 4) Request to negotiate and execute a contract renewal with The Children's Trust for the Early Childhood Development Program for the City's Parent-Child Home Program in the approximate amount of $150,000; and, retroactively for: 5) An application to the RE.invest Initiative for support relative to Sustainable Urban Infrastructure; and, 6) Request for Water Project funding to the House Agriculture and Natural Resources Subcommittee for $500,000 for Bayshore Neighborhood Right of Way Improvements (Lower North Bay Road); appropriating the above grants, matching funds and city expenses, if approved and accepted by the City; authorizing the execution of all necessary documents related to these applications, including, without limitation, audits of such grants and authorizing the City Manager or his designee to take all necessary actions related to these grants. Financial Information: Source Grant Name/Project Approx Approximate funds Grant Amt. Match Amount/Source 1 The Children's Trust Service $720,000 N/A Partnership/Success University 2 Florida Div. of Emergency $120,000 Required grant match is approx. ·~······ Management HMGP/Botanical $30,000. Source: City Center RDA Garden Windows Capital through the FY 13/14 Budget Process (to be appropriated) 3 The Children's TrusUOut-of-; $310,000 N/A School Program 4 The Children's TrusUEarly $150,000 N/A Childhood Development 5 RE.invest Initiative/Urban I N/A N/A frastructure Support 6 House Agriculture & Natural $500,000 Required grant match is $500,000. Resources Subcommittee/ Source: 2003 GO Bonds - Bayshore Neighborhood ROW Neighborhood Improvements/Water & (Lower North Bay Road) Sewer Bonds /Stormwater Bonds Financial Impact Summary: N/A Cit Clerk's Office Le islative Trackln : Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement Department Director Manager MIAMI BEACH C?A- 197 DATE {f-!7.-/3 & MIAMI BEACH "'="' City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: A RESOLUTION APPROVING AN AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT: 1) A GRANT APPLICATION TO THE CHILDREN'S TRUST SERVICE PARTNERSHIP PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $720,000 FOR THE CITY'S SUCCESS UNIVERSITY PROGRAM; 2) A GRANT APPLICATION TO THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, FOR FEDERAL FUNDING FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), HAZARD MITIGATION GRANT PROGRAM, IN THE APPROXIMATE AMOUNT OF $120,000 FOR THE WINDOW REPLACEMENT PROJECT AT THE MIAMI BEACH BOTANICAL GARDEN; 3) A REQUEST TO NEGOTIATE AND EXECUTE A CONTRACT RENEWAL WITH THE CHILDREN'S TRUST FOR THE CITY'S OUT-OF-SCHOOL PROGRAM IN THE APPROXIMATE AMOUNT OF $310,000 TO PROVIDE AFTERSCHOOL AND SUMMER SERVICES; 4) A REQUEST TO NEGOTIATE AND EXECUTE A CONTRACT RENEWAL WITH THE CHILDREN'S TRUST FOR THE EARLY CHILDHOOD DEVELOPMENT PROGRAM IN THE APPROXIMATE AMOUNT OF $150,000 FOR THE CITY'S PARENT-CHILD HOME PROGRAM; AND, RETROACTIVELY FOR: 5) AN APPLICATION TO THE RE.INVEST INITIATIVE FOR EXPERTISE AND STAFFING SUPPORT RELATIVE TO SUSTAINABLE URBAN INFRASTRUCTURE; AND 6) A REQUEST FOR WATER PROJECT FUNDING TO THE HOUSE AGRICULTURE AND NATURAL RESOURCES SUBCOMMITTEE IN THE AMOUNT OF $500,000 FOR THE BAYSHORE NEIGHBORHOOD RIGHT OF WAY IMPROVEMENTS PROJECT (LOWER NORTH BAY ROAD); APPROPRIATING THE ABOVE GRANTS, MATCHING FUNDS AND CITY EXPENSES, IF APPROVED AND ACCEPTED BY THE CITY; AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THESE APPLICATIONS, INCLUDING, WITHOUT LIMITATION, AUDITS OF SUCH GRANTS AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL NECESSARY ACTIONS RELATED TO THESE GRANTS ADMINISTRATION RECOMMENDATION Adopt the Resolution. 198 Commission Memorandum Page 2 ANALYSIS 1. Approval to submit a grant application to The Children's Trust Service Partnership Program for funding in the approximate amount of $720,000 for the City's Success University Program; The Children's Trust Service Partnership Program provides funding to address targeted geographic areas and to reach at-risk populations in Miami-Dade County. The purpose of the program is to target resources to meet the more complex needs of vulnerable children and families. The City was awarded an initial planning grant for the Service Partnership in 2007, and has been operating the program successfully since then. Success University is an integrated service program that partners with community agencies to provide Miami Beach youth at risk for truancy with personal and academic supports, while providing their families with holistic, comprehensive services to ensure family stability and youth success. Service components currently include: tutoring, family assessments, care plan coordination, family group conferencing, employment services, and referrals to community-based services. Last year, Success University was funded at $282,000. This year, the Administration plans to expand the program, requesting funding for two new services: Positive Parenting Program - a home based one-on-one consultation with parents; and, Suspension Diversion - a program for youth with outdoor suspensions which applies restorative justice values (making amends), and also provides a school work component. The Administration also plans to request funding for three (3) Program Coordinators. Currently the program is managed by one Program Coordinator; the Administration will request funds for one Program Coordinator per zip code (33139, 33140, and 33141 ). Each Program Coordinator will oversee 2 or 3 schools. Program Coordinators are City employees, and the grant funds will be requested to cover the cost of full salaries and benefits. Subcontracts will be awarded to Miami Beach Service Partnership member agencies via weighted scores that evaluate contract performance and efficacy in the 2012/13 program year. Contracted partners are expected to include: 1) Abriendo Puertas (New); 2) Ayuda, Inc.; 3) Barry University; 4) Choices Et AI, Inc.; 5) Jewish Community Services; 6) Open Arms Community Center (New); 7) Playing the Game of Life; 8) Teen Job Corps; 9) Switchboard of Miami; 1 0) Get Credit Healthy; and 11) First Care Home Services. This program supports the key intended outcome: enhance learning opportunities for youth. This grant does not require matching funds. 2. Approval to submit a grant application to the State of Florida, Division of Emergenc:t Management (FDEM), for federal funding from the U.S. Department of Homeland Security, Federal Emergency ManagementAgenc:t(FEMA}. Hazard Mitigation Grant Program in the approximate amount of $120,000, for the window replacement project at the Miami Beach Botanical Garden. The Hazard Mitigation Grant Program is authorized by Section 404 of the Robert T. Stafford Disaster Relief Act. This funding helps communities to implement measures to reduce or eliminate long-term risk to people and property from natural hazards and helps to address eligible mitigation activities. The Hazard Mitigation Grant Program (HMGP) is funded by the US Department of Homeland Security, through FEMA, and administered by the State of Florida. The HMGP funds requested in this agenda item are a result of the recent Presidential Disaster Declaration for Hurricane Isaac (FEMA 4084-DR-FL). 199 Commission Memorandum Page 3 FEMA designates specific counties with assigned portions of the total HMGP grant for each Presidential Disaster Declaration. The amount is based on a calculation, and the State attempts to fund each awarded project in priority order until the allocation for that particular County has been exhausted. As such, Tier 1 Counties are funded first, until funds are exhausted. If funding is left over from Tier 1, then, Tier 2 Counties receive funding for their projects, in priority order. In the event funds remain after the Tier 1 and Tier 2 process, any remaining funds will be offered on a statewide basis, described as Tier 3. For this Presidential Disaster Declaration, Miami-Dade County is in the Tier 3 category. Although our County does not have an allocated amount of funding, on occasion funds are left unallocated from Tier 1 and Tier 2 making it worthwhile for us to submit an application. The City has previously been awarded funding from FEMA for the following projects: • Funding in the amount of $637,777 for impact-resistant windows at City Hall, Police Station, Fire Station 1 and Fire Station #3. • Funding in the amount of $690,049 for impact resistant windows at 555 1 th Street, 1701 Meridian, 21st Street Recreation Building and Fleet Management Building ( 140 McArthur Causeway). • Funding in the amount of $750,000 through the PDM Program for Mount Sinai for the purchase and installation of a generator at the Gumenick Ambulatory Surgical Center at Mount Sinai Hospital. • Funding in the amount of $706,825 for the Talmudic University for the replacement of windows and doors at the University building located at 4000 Alton Road. During a storm event, the City is subject to high winds, missile hazards, flood and significant impact damage; the Botanical Garden has previously been damaged by hurricanes and does not have impact-resistant glass protection. The Administration plans to seek funding from HMGP for replacement windows for the Miami Beach Botanical Garden in order to mitigate potential future damage. The proposed project will include the replacement of existing windows and doors with impact-resistant glass protection. The doors and windows will be rated in accordance with the Miami-Dade County Building Code and will absorb impacts and sustain the force and pressure of high winds associated with a hurricane. The grant request for this project is $120,000 and the required grant match is approximately $30,000; Source: City Center RDA Capital through the FY 13/14 Budget Process (to be appropriated). This project supports the key intended outcome: ensure well-maintained facilities. 3. Approval to negotiate and execute a contract renewal with The Children's Trust for the City's Out-of-School Program in the approximate amount of $310,000 The Children's Trust Out-of-School Program provides funding for summer camps and after- school programs that stimulate academic, athletic, cultural and social learning in a nurturing and supervised environment while parents are working and during times of day when adolescents are most prone to at-risk behavior. The City's Out-of-School program provides after school services to approximately 250 children ages 5-12 years old residing primarily in the City of Miami Beach. The program offers activities to the children including physical fitness, nutrition education and homework and literacy support. Program goals are to improve academic skills and literacy and improve physical health and fitness. 200 Commission Memorandum Page 4 Last year, the City was awarded funding in the amount of $309,180 and this year the Children's Trust Program Services Committee again recommended funding at the same level. This grant renewal is for the period of August 1, 2013 through July 31, 2014. This program supports the key intended outcome: enhance learning opportunities for youth. This grant does not require matching funds. 4. Approval to negotiate and execute a contract renewal with The Children's Trust for the Early Childhood Development Program for funding in the approximate amount of $150,000 for the City's Parent-Child Program The Early Childhood Development Program was created by The Children's Trust to provide high quality programs in childcare settings. The City applied for this grant and was awarded funding in the amount of $150,000 in 2011 and 2012 for the Parent-Child Home Program. This year the Parent-Child Home Program is going into its third year and the Children's Trust has again recommended full funding at the same level of $150,000. Through this program, the City will nurture greater resiliency and academic success for parents and children aged 16 months to 4 years through home-based services that promote healthy family engagement, affirmative parenting, early literacy and positive child developments. In partnership with Barry University, the program will provide services to currently enrolled families as well as enroll new families. This grant renewal is for the period of August 1, 2013 through July 31, 2014. This project supports the key intended outcome: enhance learning opportunities for youth. This grant does not require matching funds. 5. Retroactive approval to submit an application to the RE.invest Initiative for expertise and staffing support relative to Sustainable Urban Infrastructure The RE.invest Initiative is a new public-private program that will help cities across the country finance and build resilient and integrated urban stormwater infrastructure systems in order to prevent damage during future severe weather events. The project, which will be supported by the Rockefeller Foundation, is a collaboration that includes c. dots development and CH2M Hill. Through a national application process, RE.invest Initiative will select up to eight US cities and provide seed funding and technical support from leading engineering, law, and finance firms to create new Community Investment Vehicles (CIVics) designed to leverage hundreds of millions of dollars of private investment in local infrastructure. RE.invest Initiative will serve as a template for catalyzing innovative finance for cities across the country. There are four primary objectives of the RE.invest Initiative: 1) Lessen the financial burden on governments by providing cities with direct technical and financial support; 2) Mobilize large-scale, long-term private investment through Community Investment Vehicles to protect communities; 3) Improve the resilience of vulnerable cities with strained infrastructure systems; and, 4) Build integrated planning capacity at the municipal level. If selected, RE.invest Initiative will deploy teams of engineers, lawyers and public finance experts to work directly with city officials and managers to develop strategies for investable infrastructure plans. Due to the turnaround time for this application, the Administration has submitted an application and requests retroactive City Commission approval. RE. invest Initiative will need a commitment from the City that staff/city officials will work with their team for two years. This project does not require matching funds and supports the key intended outcome: improve storm drainage citywide. 201 Commission Memorandum Page 5 6. Retroactive approval to submit a Request for Water Project funding to the House Agriculture and Natural Resources Subcommittee in the amount of $500,000 for Bayshore Neighborhood Right of Way Improvements (Lower North Bay Road) During the month of March 2013, the House Agriculture and Natural Resources Subcommittee released criteria for submission of water projects to guide the Governor in his decision making process for the funding of water projects should they receive funding in the General Appropriations Act. The City's Consultant for Intergovernmental Affairs received notification and due to the short turnaround time, the Administration's team submitted an application for funding for Bayshore Neighborhood Right of Way Improvements. This project is a construction-ready water and flood mitigation project in need of funding for Fiscal Year 2013/2014 and most closely fits into the established criteria for potential funding (completed all planning, design, permitting and local zoning and land use requirement, available matching funds and start date within the established timeframe ). Water project funding was listed on the City Commission's most recent State Legislative Priorities Agenda. The Bayshore Neighborhood ROW Improvements (Lower North Bay Road) include stormwater, water distribution system improvements in the Bayshore Neighborhood, a low- lying neighborhood which contributes to backflow flooding throughout the system, especially during recent periods of severe high tide. The project will increase stormwater capacity and improve conveyance and discharge in compliance with the City's Stormwater Master Plan. Improvements include the installation of valley gutters and a stormwater system with two stormwater pump stations, injection wells and water main replacement. The City has requested $500,000 and the program requires matching funds. Matching funds are available in the Bayshore Neighborhood-Bid Pack B project. This project supports the key intended outcome: improve storm drainage citywide. CONCLUSION The Administration requests approval to authorize the City Manager or his designee to submit: 1) A grant application to The Children's Trust Service Partnership Program for funding in the approximate amount of $720,000 for the City's Success University Program; 2) A grant application to the State of Florida, Division of Emergency Management, for federal funding from the U.S. Department Of Homeland Security, FEMA, Hazard Mitigation Grant Program in the approximate amount of $120,000 for the window replacement project at the Botanical Garden; and 3) A request to negotiate and execute a contract renewal with the Children's Trust for the City's Out-of-School Program in the approximate amount of $310,000 to provide afterschool and summer services; 4) A request to negotiate and execute a contract renewal with the Children's Trust for the Early Childhood Development Program in the approximate amount of $150,000 for the City's Parent-Child Home Program; and, retroactively for: 5) An application to the RE.invest Initiative for expertise and staffing support relative to Sustainable Urban Infrastructure; and 6) A request for Water Project funding to the House Agriculture and Natural Resources Subcommittee in the amount of $500,000 for the Bayshore Neighborhood Right of Way Improvements Project (Lower North Bay Road); appropriating the above grants, matching funds and city expenses, if approved and accepted by the City; authorizing the execution of all necessary documents related to these applications, including, without limitation, audits of such grants and authorizing the City Manager or his designee to take all necessary actions related to these grants. JLM/KGB/JMH T:\AGENDA\2013\April 17\Grants Memo.doc 202 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT THE FOLLOWING APPLICATIONS: 1) A GRANT APPLICATION TO THE CHILDREN'S TRUST SERVICE PARTNERSHIP PROGRAM FOR FUNDING, IN THE APPROXIMATE AMOUNT OF $720,000, FOR THE CITY'S SUCCESS UNIVERSITY PROGRAM; 2) A GRANT APPLICATION TO THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, FOR FEDERAL FUNDING FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), HAZARD MITIGATION GRANT PROGRAM, IN THE APPROXIMATE AMOUNT OF $120,000, FOR THE WINDOW REPLACEMENT PROJECT AT THE MIAMI BEACH BOTANICAL GARDEN; 3) A REQUEST TO NEGOTIATE AND EXECUTE A CONTRACT RENEWAL WITH THE CHILDREN'S TRUST FOR THE CITY'S OUT-OF-SCHOOL PROGRAM, IN THE APPROXIMATE AMOUNT OF $310,000, TO PROVIDE AFTERSCHOOL AND SUMMER SERVICES; 4) A REQUEST TO NEGOTIATE AND EXECUTE A CONTRACT RENEWAL WITH THE CHILDREN'S TRUST FOR THE EARLY CHILDHOOD DEVELOPMENT PROGRAM IN THE APPROXIMATE AMOUNT OF $150,000, FOR THE CITY'S PARENT-CHILD HOME PROGRAM; AND, RETROACTIVELY FOR: 5) AN APPLICATION TO THE RE.INVEST INITIATIVE FOR EXPERTISE AND STAFFING SUPPORT RELATIVE TO SUSTAINABLE URBAN INFRASTRUCTURE; AND 6) A REQUEST FOR WATER PROJECT FUNDING TO THE HOUSE AGRICULTURE AND NATURAL RESOURCES SUBCOMMITTEE IN THE AMOUNT OF $500,000, FOR THE BAYSHORE NEIGHBORHOOD RIGHT OF WAY IMPROVEMENTS PROJECT {LOWER NORTH BAY ROAD); AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THESE APPLICATIONS, INCLUDING, WITHOUT LIMITATION, AUDITS OF SUCH GRANTS, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL NECESSARY ACTIONS RELATED TO THESE GRANTS. WHEREAS, approval is requested to accept a contract renewal from The Children's Trust for the Service Partnership Program for funding in the approximate amount of $720,000 for the City's Success University Program; and WHEREAS, the Children's Trust Service Partnership Program provides funding to address targeted geographic areas and to reach at-risk populations in Miami-Dade County and the purpose of the program is to target resources to meet the more complex needs of vulnerable children and families; and WHEREAS, the City was awarded an initial planning grant for the Service Partnership in 2007 and has been operating the program successfully since then; and WHEREAS, Success University is an integrated service program that partners with community agencies to provide Miami Beach youth at risk for truancy with personal and academic supports, while providing their families with holistic, comprehensive services to ensure family stability and youth success; and 203 WHEREAS, service components include: tutoring, family assessments, care plan coordination, family group conferencing, employment services, and referrals to community- based services; and WHEREAS, last year Success University was funded at $282,000; and WHEREAS, this year, the Administration plans to expand the program, requesting funding for two new services: Positive Parenting Program - a home based one-on-one consultation with parents; and, Suspension Division - a program for youth with outdoors suspensions which applies restorative justice values (making amends) and also provides a school work component; and WHEREAS, the Administration also plans to request funding for three (3) Program Coordinators, currently the program is managed by one Program Coordinator; and WHEREAS, the Administration will request funds for one Program Coordinator per zip code (33139, 33140, and 33141) and each Program Coordinator will oversee 2 or 3 schools; and WHEREAS, Program Coordinators are City employees, and grant funds will be requested to cover the cost of full salaries and benefits; and WHEREAS, subcontracts will be awarded to Miami Beach Service Partnership member agencies via weighted scores that evaluate contract performance and efficacy in the 2011/12 program year; and WHEREAS, contracted partners are expected to include: Abriendo Puertas (New); Ayuda, Inc.; Barry University; Choices Et AI, Inc.; Jewish Community Services; Open Arms Community Center (New); Playing the Game of Life; Teen Job Corps; Switchboard of Miami; Get Credit Healthy; and First Care Home Services; and WHEREAS, this program supports the key intended outcome: enhance learning opportunities for youth and the grant does not require matching funds; and WHEREAS, the Hazard Mitigation Grant Program is authorized by Section 404 of the Robert T. Stafford Disaster Relief Act and funding helps communities to implement measures to reduce or eliminate long-term risk to people and property from natural hazards and helps to address eligible mitigation activities; and WHEREAS, the Hazard Mitigation Grant Program (HMGP) is funded by the US Department of Homeland Security, through FEMA, and administered by the State of Florida; and WHEREAS, the HMGP funds requested in this Resolution are a result of the recent Presidential Disaster Declaration for Hurricane Isaac (FEMA 4084-DR-FL); and WHEREAS, FEMA designates specific counties with assigned portions of the total HMGP grant for each Presidential Disaster Declaration and the amount is based on a calculation, and the State attempts to fund each awarded project in priority order until the allocation for that particular County has been exhausted; and 204 WHEREAS, as such, Tier 1 Counties are funded first, until funds are exhausted and if funding is left over from Tier 1, then, Tier 2 Counties receive funding for their projects, in priority order, and in the event funds remain after the Tier 1 and Tier 2 process, any remaining funds will be offered on a statewide basis, described as Tier 3; and WHEREAS, for this Presidential Disaster Declaration, Miami-Dade County is in the Tier 3 category, and although our County does not have an allocated amount of funding, on occasion funds are left unallocated from Tier 1 and Tier 2 making it worthwhile for the City to submit an application; and WHEREAS, the City has previously been awarded funding from FEMA for the following projects: funding in the amount of $637,777 for impact-resistant windows at City Hall, Police Station, Fire Station 1 and Fire Station #3; funding in the amount of $690,049 for impact resistant windows at 555 1 ih Street, 1701 Meridian, 21st Street Recreation Building and Fleet Management Building (140 McArthur Causeway); funding in the amount of $750,000 through the PDM Program for Mount Sinai for the purchase and installation of a generator at the Gumenick Ambulatory Surgical Center at Mount Sinai Hospital, and funding in the amount of $706,825 for the Talmudic University for the replacement of windows and doors at the University building located at 4000 Alton Road; and WHEREAS, during a storm event, the City is subject to high winds, missile hazards, flood and significant impact damage; the Miami Beach Botanical Garden has previously been damaged by hurricanes and does not have impact-resistant glass protection; and WHEREAS, the Administration plans to seek funding from HMGP for replacement windows for the Miami Beach Botanical Garden to mitigate potential future damage; and WHEREAS, the proposed project will include the replacement of existing windows and doors with impact resistant-glass protection and the doors and windows will be rated in accordance with the Miami-Dade County Building Code and will absorb impacts and sustain the force and pressure of high winds associated with a hurricane; and WHEREAS, the grant request for this project is $120,000 and the required grant match is approximately $30,000; Source: City Center RDA Capital through the FY 13/14 Budget Process (to be appropriated); and WHEREAS, this project supports the key intended outcome: ensure well-maintained facilities; and WHEREAS, The Children's Trust Out-of-School Program provides funding for summer camps and after-school programs that stimulate academic, athletic, cultural and social learning in a nurturing and supervised environment while parents are working and during times of day when adolescents are most prone to at-risk behavior; and WHEREAS, the City's Out-of-School program provides after school services to approximately 250 children ages 5-12 years old residing primarily in the City of Miami Beach; and 205 WHEREAS, the program offers activities to the children including physical fitness, nutrition education and homework and literacy support and its goals are to improve academic skills and literacy and improve physical health and fitness; and WHEREAS, last year, the City was awarded funding in the amount of $309,180 and this year The Children's Trust Program Services Committee again recommended funding at the same level; and WHEREAS, this grant renewal is for the period of August 1, 2013 through July 31, 2014; and WHEREAS, this program supports the key intended outcome: enhance learning opportunities for youth and the grant does not require matching funds; and WHEREAS, the Early Childhood Development Program was created by The Children's Trust to provide high quality programs in child care settings; and WHEREAS, the City applied for this grant and was awarded funding in the amount of $150,000 in 2011 and 2012 through the Parent-Child Home Program; and WHEREAS, this year the Parent-Child Home Program is going into its third year and the Children's Trust has again recommended full funding at the same amount of $150,000; through this program, the City will nurture greater resiliency and academic success for parents and children aged 16 months to 4 years through home-based services that promote healthy family engagement, affirmative parenting, early literacy and positive child developments; and WHEREAS, in partnership with Barry University, the program will provide services to currently enrolled families as well as enroll new families; and WHEREAS, this grant renewal is for the period of August 1, 2013 through July 31, 2014; and WHEREAS, this project supports the key intended outcome: enhance learning opportunities for youth and this grant does not require matching funds; and WHEREAS, the RE.invest Initiative is a new public-private program that will help cities across the country finance and build resilient and integrated urban stormwater infrastructure systems in order to prevent damage during future severe weather events; and WHEREAS, the project, which will be supported by the Rockefeller Foundation, is a collaboration that includes c.dots development and CH2M Hill; and WHEREAS, through a national application process, RE.invest Initiative will select up to eight US cities and provide seed funding and technical support from leading engineering, law, and finance firms to create new Community Investment Vehicles (CIVics) designed to leverage hundreds of millions of dollars of private investment in local infrastructure; and WHEREAS, RE.invest Initiative will serve as a template for catalyzing innovative finance for cities across the country; and 206 WHEREAS, there are four primary objectives of the RE.invest Initiative: 1) Lessen the financial burden on governments by providing cities with direct technical and financial support; 2) mobilize large-scale, long-term private investment through Community Investment Vehicles to protect communities; 3) improve the resilience of vulnerable cities with strained infrastructure systems; and, 4) build integrated planning capacity at the municipal level; and WHEREAS, if selected, RE.invest Initiative will deploy teams of engineers, lawyers and public finance experts to work directly with city officials and managers to develop strategies for investable infrastructure plans; and WHEREAS, due to the turnaround time for this application, the Administration has submitted an application and requests retroactive City Commission approval; and WHEREAS, RE.invest Initiative will need a commitment from the City that staff/city officials will work with their team for two years; and WHEREAS, this project does not require matching funds and supports the key intended outcome: improve storm drainage citywide; and WHEREAS, during the month of March 2013, the House Agriculture and Natural Resources Subcommittee released criteria for submission of water projects to guide the Governor in his decision making process for the funding of water projects should they receive funding in the General Appropriations Act; and WHEREAS, the City's Consultant for Intergovernmental Affairs received notification and due to the short turnaround time, the Administration's team submitted an application for funding for Bayshore Neighborhood Right of Way Improvements (Lower North Bay Road); and WHEREAS, this project is a construction-ready water and flood mitigation project in need of funding for Fiscal Year 2013/2014 and most closely fits into the established criteria for potential funding (completed all planning, design, permitting and local zoning and land use requirement, available matching funds and start date within the established timeframe); and WHEREAS, water project funding was listed on the City Commission's most recent State Legislative Priorities Agenda; and WHEREAS, the Bayshore Neighborhood ROW Improvements include stormwater, water distribution system improvements in the Bayshore Neighborhood, a low-lying neighborhood which contributes to backflow flooding throughout the system, especially during recent periods of severe high tide; and WHEREAS, the project will increase stormwater capacity and improve conveyance and discharge in compliance with the City's Stormwater Master Plan; and WHEREAS, improvements include the installation of valley gutters and a stormwater system with two stormwater pump stations, injection wells and water main replacement; and WHEREAS, the City has requested $500,000 and the program requires matching funds; and matching funds are available in the Bayshore Neighborhood Project -Bid Pack B and this project supports the key intended outcome: improve storm drainage citywide. 207 NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission hereby approve and authorize the City Manager or his designee to submit: 1) A grant application to The Children's Trust Service Partnership Program for funding in the approximate amount of $720,000 for the City's Success University Program; 2) A grant application to the State of Florida, Division of Emergency Management, for federal funding from the U.S. Department of Homeland Security, FEMA, Hazard Mitigation Grant Program in the approximate amount of $120,000 for the window replacement project at the Miami Beach Botanical Garden; and 3) A request to negotiate and execute a contract renewal with The Children's Trust for the City's Out-of-School Program in the approximate amount of $310,000 to provide afterschool and summer services; 4) A request to negotiate and execute a contract renewal with The Children's Trust for the Early Childhood Development Program in the approximate amount of $150,000 for the City's Parent-Child Home Program; and, retroactively for: 5) An application to the RE.invest Initiative for expertise and staffing support relative to Sustainable Urban Infrastructure; and 6) A request for Water Project Funding to the House Agriculture and Natural Resources Subcommittee in the amount of $500,000 for Bayshore Neighborhood Right of Way Improvements (Lower North Bay Road); authorizing the execution of all necessary documents related to these applications, including, without limitation, audits of such grants and authorizing the City Manager or his designee to take all necessary actions related to these grants. PASSED and ADOPTED this ___ day of ___ , 2013. ATTEST: CITY CLERK JLM/KGB/JMH T:\AGENDA\2013\April 17\Grants Reso.doc 208 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution accepting a donation of $10,000 from the Miami Beach Chamber of Commerce to be appropriated by the City to offset annual fees for the International Baccalaureate authorized schools. Key Intended Outcome Supported: Enhance Learning Opportunities for Youth Supporting Data (Surveys, Environmental Scan, etc.):ln the 2013 Survey, 91% of respondents with children in public schools were either very satisfied or satisfied with the City's public schools compared to 51% in 2007 and 53% in 2005. 76% of low-income International Baccalaureate diploma graduates go on to get a 4-year degree, compared to 69% in Miami-Dade Public Schools and 63% at Miami Beach Senior High. Item Summary/Recommendation: As part of the City's Education Compact, the City agreed to support discussions with the Miami Beach Chamber and other appropriate organizations to identify funding for annual International Baccalaureate Program operating costs. Developed with significant community input, the Compact reflects the desire of the Miami Beach community to support excellence in their schools and an investment in the overall enhancement of education for its residents. The areas of focus in our Compact include: teacher recruitment/retention, enhanced communication, family support, increase well-being, enhance student achievement, improve safety, and improve access to technology. Enhanced student achievement includes a seamless curriculum of advanced studies through the International Baccalaureate (IB) Program from Pre-Kindergarten through twelfth grade. On January 6, 2009, the City made a presentation to the Chamber outlining additional needs to support the IB programs in Miami Beach Schools. The Chamber understood that as each school becomes authorized annual fees are required to maintain the IB programs. As a result, the Miami Beach Chamber's Education Foundation has donated $30,620 to date to offset the annual fees for the International Baccalaureate authorized schools for one year. These funds will be applied to upcoming annual fees for public schools. It is recommended that the Commission approve the resolution accepting the donation. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: ,/ 1 $10.000 # 177-8000-366917 ',,,,,,,,,, OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Dr. Leslie Rosenfeld, Organizational Development Ci I MIAMI BEACH ,.., 78 AGENDA ITEM -'---=:...........- 209 DATE {(-/7-/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 Mem FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: A RESOLUTION OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A DONATION IN THE AMOUNT OF $10,000.00 FROM THE MIAMI BEACH EDUCATION FOUNDATION FROM PROCEEDS OF THE MIAMI BEACH CHAMBER OF COMMERCE'S ANNUAL GOLF TOURNAMENT TO BE UTILIZED BY THE CITY OF MIAMI BEACH'S INTERNATIONAL BACCALAUREATE (IB) EDUCATIONAL PROGRAM, AND APPROPRIATING THE $10,000.00 DONATION TO CITY'S IB PROGRAM. ADMINISTRATION RECOMMENDATION Approve the Resolution. BACKGROUND As part of the City's Education Compact, the City agreed to facilitate discussions with the Miami Beach Chamber and other appropriate organizations to identify funding for annual International Baccalaureate Program operating costs that include required annual fees, ongoing teacher training, coordinator supplements, books, extra teaching period supplements, and annual exam registration and fee per student forthe Diploma Program. Developed with significant community input, the Compact reflects the desire of the Miami Beach community to support excellence in their schools and an investment in the overall enhancement of education for its residents. The areas of focus in our Compact include: teacher recruitment and retention, enhanced communication ofeducation and community events, family involvement and support as well as engaging youth and community, increase the health and well-being of students, enhance student achievement, improve safety and perceptions of safety in our schools, and improve access to technology. Enhanced student achievement includes a seamless curriculum of advanced studies through the International Baccalaureate (IB) Program from Pre-Kindergarten through twelfth grade. To date, approximately $354,318 has been expended for application fees and professional development for teachers. The following is the status of implementation for each IB program: ).;-Diploma Program (DP): Miami Beach Senior High has been authorized to teach the IB Diploma Program starting in Fall201 0 and may now be referred to as an IB World School. 210 Commission Memorandum Apri/17, 2013 Miami Beach Chamber of Commerce Donation Page 2 of2 ~ Middle Years Program (MYP): Nautilus Middle School and Fienberg Fisher K-8 have been authorized to teach the 18 MYP Program and attained authorization in 2011. ~ Primary Years Program (PYP): South Point, North Beach, Biscayne, Fienberg Fisher, and Treasure Island Elementary are all authorized IB schools as of February 2013. CHAMBER SUPPORT Over the past several years, the Miami Beach Chamber of Commerce has been working with the City of Miami Beach and the City's public schools, to support various components of the Education Compact. On January 6, 2009, the City made a presentation to the Chamber outlining additional needs to support the IB programs in Miami Beach Schools. The Chamber understood that as each school becomes authorized, annual fees are required to maintain the IB programs. As a result, the Miami Beach Chamber's Education Foundation has donated $30,620 as of March 2013 to partially fund the annual fee for the City's IB authorized public schools. CONCLUSION The Administration recommends the approval of this Resolution accepting a donation for $10,000 from the MBCC for the implementation of the IB program in Miami Beach schools. This approval will assist the Department in accomplishing its measurable objectives linked to the City's Key Intended Outcome of Enhancing Learning Opportunities for Youth. JLM/KGB/LDR 211 RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A DONATION IN THE AMOUNT OF $10,000.00 FROM THE MIAMI BEACH EDUCATION FOUNDATION FROM PROCEEDS OF THE MIAMI BEACH CHAMBER OF COMMERCE'S ANNUAL GOLF TOURNAMENT TO BE UTILIZED BY THE CITY OF MIAMI BEACH'S INTERNATIONAL BACCALAUREATE (IB) EDUCATIONAL PROGRAM, AND APPROPRIATING THE $10,000.00 DONATION TO THE CITY'S IB PROGRAM. WHEREAS, over the past several years, the Miami Beach Chamber of Commerce has been working with the City of Miami Beach and the City's public schools to support various components of the Miami Beach Education Compact; and WHEREAS, the Education Compact reflects the desire of the Miami Beach community to support excellence in the City's public schools and is an investment in the overall enhancement of education for the City's residents; and WHEREAS, as a result of the City's Education Compact with Miami-Dade Public Schools, all public schools in Miami Beach offer the IB program which is internationally recognized as a benchmark for education excellence and also fosters student participation in community service; and WHEREAS, the implementation of the International Baccalaureate Program at Miami Beach public schools depends on appropriate funding for a variety of operating costs such as teacher training, and student books, supplies, and fees; and WHEREAS, certain proceeds from the Miami Beach Chamber of Commerce's Annual Golf Tournament were received by the Miami Beach Education Foundation, which Foundation has generously offered to donate $10,000.00 to the City's IB Program. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby accept a donation in the amount of $10,000.00 from the Miami Beach Education Foundation, which it received from proceeds of the Miami Beach Chamber of Commerce's Annual Golf Tournament, said funds shall be utilized by the City of Miami Beach for its International Baccalaureate Educational Program, and appropriating the $10,000.00 donation to the City's IB Program. PASSED AND ADOPTED this __ day of April, 2013. ATTEST: Rafael Granado City Clerk Matti Herrera Bower Mayor COMMISSION ITEM SUMMARY Condensed Title· A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Retroactively Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 2, To The Existing Professional Architecture & Engineering Services Agreement Between The City Of Miami Beach And Schwebke-Shiskin & Associates, Inc. (SSA), Dated December 14, 2011, For The Bayshore Neighborhood No. Be-Sunset Islands I & II Right Of Way Project. Key Intended Outcome Supported: Ensure value and timely delivery of quality capital projects. 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%). Item Summary/Recommendation: On May 3, 2011, the City of Miami Beach issued ITB No. 27-10/11 for construction of right-of-way improvements for Bayshore Neighborhood 8E for Sunset Islands I & II. The Mayor and City Commission awarded this ITB to David Mancini & Sons, Inc. at its July 13, 2011 meeting. On December 14, 2011, the City of Miami Beach adopted Resolution No. 2011-27792, authorizing the Mayor and City Clerk to execute a Professional Services Agreement (PSA) with Schwebke-Shiskin & Associates, Inc. pursuant to Request for Qualifications (RFQ) No. 36-10/11, for Resident Project Representative Services (RPR), in the amount of $249,995, including reimbursable expenses, for a period of 13 months for Neighborhood No. 8 Bayshore (Package E)-Sunset Islands I & II project. The base contract time for these services was for a period of 13 months commencing upon the second notice to proceed issued on December 12, 2011 to the period ending on January 11, 2013. The contract provides for a pre-negotiated fixed fee of $17,038 per month for additional services if required. The extended time required for this project would be from the end of the 13 month period starting on January 11, 2013 until the project delivery date which is currently scheduled for May 10, 2013, a total of 4 months, for a not-to-exceed total of $68,152. During the course of the project several requests were made by staff to the resident project representative to provide additional information required for the resolution of unforeseen conditions and additional scope. These services were beyond the scope of the contract and included the revision of pollution control structures due to constructability issues at driveways, certification of watermains within the project, franchise utility company coordination and driveway harmonization. A detailed stormwater modeling analysis and recommendation was also requested by staff in order to ascertain the potential future needs of the drainage system. Funding for the additional cost of $38,946 for these services were previously appropriated in the 2013 Capital budget. The funds required to bring the Consultant services to a current status and extend them to the projected final completion date of May 10, 2013, is $107,098. 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. Adv1sory Board Recommendation: I N!A Financial Information: Account Source of Funds: 1 -As-You-Go Account #302-2665-061357 2 -As-You-Go Account #302-2665-069357 3 Ca ita! Reserve Account #304-2665-061357 MIAMI BEACH 213 AGENDA ITEM t!-7C DATE tf-/ 7-/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMI SION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: April 17, 2013 SUBJECT: A RESOLUTION OF THE MA R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. RETROACTIVELY APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2, TO THE EXISTING PROFESSIONAL ARCHITECTURE & ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND SCHWEBKE-SHISKIN & ASSOCIATES, INC. (SSA}, DATED DECEMBER 14, 2011, FOR THE BAYSHORE NEIGHBORHOOD NO. BE -SUNSET ISLANDS I & II RIGHT OF WAY PROJECT; IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $107,098; TO PROVIDE EXTENDED RESIDENT PROJECT REPRESENTATION AND ADDITIONAL CONSULTING SERVICES DURING CONSTRUCTION OF THE PROJECT; WITH PREVIOUSLY APPROPRIATED FUNDING. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure Value and Timely Delivery of Quality Capital Projects. FUNDING Funding in the amount of $107,098 has been previously appropriated in the Capital Budget, as follows: $ 3,927 $ 9,703 $ 3,564 $ 21 '183 $ 25,001 $ 43.720 $107,098 BACKGROUND Pay-As-You-Go account 302 Capital Reserve Fund 304 Gulf Breeze 2006 Fund 423 Water and Sewer Enterprise Fund Stormwater Enterprise Fund 2011 Stormwater Bonds account Total On May 3, 2011, the City of Miami Beach issued ITB No. 27-10/11 for construction of right-of- way improvements for Bayshore Neighborhood 8E for Sunset Islands I & II. The Mayor and City Commission awarded this ITS to David Mancini & Sons, Inc. at its July 13, 2011 meeting. The project provided for neighborhood right-of-way improvements including the installation of water mains, storm water infrastructure, outfall reli,ning and reconstruction; and milling and resurfacing of existing roadways. The project time in the contract called for a total of 395 calendar days, or 13 months. 214 Commission Memorandum Sunset Islands 1 & 2 -Schwebke-Shiskin & Associates, Inc. -Amendment No. 2 April17, 2013 Page 2 of3 On December 14, 2011, the City of Miami Beach adopted Resolution No. 2011-27792, authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Schwebke-Shiskin & Associates, Inc. pursuant to Request for Qualifications (RFQ) No. 36- 10/11, for Resident Project Representative Services (RPR), in the amount of $249,995, including reimbursable expenses, for a period of 13 months for Neighborhood No. 8 Bayshore (Package E) -Sunset Islands I & II project. On October 17, 2012, Amendment No. 1 was executed in the amount of $24,999 to provide additional resident project representative services to provide roadway re-alignment coordination drawings and an initial driveway harmonization analysis. ANALYSIS The RPR's duties and responsibilities include general coordination and communication with the City, the City's Architect/Engineer Consultant and the Contractor; attend and participate in the Pre-Construction Meeting with the City as well as all project progress meetings; conduct field inspections on a daily basis throughout the course of the project; monitor specialty AlE Consultant site visits; prepare daily reports; provide photographic records of construction activities; review materials and workmanship of the project and report to the City any deviations from the Contract Documents; monitor delivery of materials to the job site; review shop drawings; issue non-compliance notices when required; identify any existing facilities damaged by the contractor; perform independent review of any change orders submitted by the contractor; coordinate requests for information with the AlE Consultant; monitor progress of construction and ensure the Contractor's adherence to the schedule; verify pay requisition quantities and sign off on all pay requisitions; coordinate various tests for quality control of the project; monitor record drawing mark-ups; recognize hazards while in the normal conduct of onsite business; review and monitor the Contractor's adherence to an acceptable quality control program; keep a log of all forced work efforts related to a disputed change order; verify compliance with the Maintenance of Traffic (MOT) plan in the field; forward water main shutdown requests to the City; verify substantial completion; and attend "walk-through" inspections of the work; attend and participate in a final completion walk-through and inspection and prepare a final Certificate for Payment. The base contract time for these services was for a period of 13 months commencing upon the second notice to proceed issued on December 12, 2011 to the period ending on January 11, 2013. The construction schedule of the project was extended for a period of approximately 4 months. This was due to extensions of time awarded to the contractor via change orders for additional work and rain delays. The contract provides for a pre-negotiated fixed fee of $17,038 per month for additional RPR services after the expiration of the contract time. The extended time required for this project would be from the end of the 13 month period on January 11, 2013 until the project completion which is currently scheduled for May 10, 2013 for a total not-to-exceed amount of $68,152. During the course of the project in 2012, several requests were made by staff to the resident project representative to provide additional information required for the resolution of unforeseen conditions encountered and added scope. These services were beyond the scope of the contract and included the revision of pollution control structures due to constructability issues at driveways, certification of watermains within the project, franchised utility company coordination and driveway harmonization. A detailed stormwater modeling analysis and recommendation was also requested by staff in order to ascertain the potential future needs of the drainage system. These additional services are considered unauthorized purchases, 215 Commission Memorandum Sunset Islands 1 & 2 -Schwebke-Shiskin & Associates, Inc. -Amendment No. 2 April17, 2013 Page 3 of3 however funding for the additional cost of $38,946 for these services was requested in the 2013 capital budget and are, therefore, previously appropriated. The summary of the additional requested services is as follows: RPR lime Extensions $ 68,152 RPR Added Scope _$.:............ __ 38....:,_94_6_ TOTAL $ 107,098 CONCLUSION The Administration recommends the execution of Amendment No. 2, in the negotiated, not to exceed amount of $107,098, to an existing Agreement between the City of Miami Beach and Schwebke-Shiskin & Associates, Inc., dated December 14, 2011, to provide additional Resident Project Representative Services for the Bayshore Neighborhood No. 8E -Sunset Islands I & II right of way project; with previously appropriated funding. Exhibit A: Amendment No. 2 Schedule A, Scope of Services and Schedule B, Fee Schedule T:\AGENDA\2013\Aprii17\SS 1 & 2-Schwebke Shiskin-Amendment 2\SS 1 & 2-SCHWEBKE-Amendment No.2- MEMO.docx 216 Exhibit A AMENDMENT No. 2 TO THE PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES FOR THE BAYSHORE NEIGHBORHOOD NO. BE- SUNSET ISLAND I & II RESIDENT PROJECT REPRESENTATIVE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SCHWEBKE-SHISKIN & ASSOCIATES DATED DECEMBER 14,2011, SAID AMENDMENT IN AN AMOUNT NOT-TO-EXCEED $107,098; TO PROVIDE ADDITIONAL SERVICES FOR EXTENDED RESIDENT PROJECT REPRESENTATIVE SERVICES DURING CONSTRUCTION AND VARIOUS ADDITIONAL CONSULTING SERVICES This Amendment No. 2 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 SCHWEBKE-SHISKIN & ASSOCIATES, INC, a Florida Corporation, having its offices at 3240 Corporate Way, Miramar, Florida, 33025 (hereinafter referred to as the Consultant). RECITALS WHEREAS, on December 14, 2011, the Mayor and City Commission approved resolution no. 2011-27792 authorizing the execution of an Agreement between the City of Miami Beach and Schwebke-Shiskin & Associates, Inc. (Consultant), for a not-to-exceed amount of $249,995, including reimbursable expenses for Resident Project Representative Services for Neighborhood No. 8 Bayshore (Package E) -Sunset Islands I & II (the Project); and WHEREAS, the Project includes Resident Project Representative Services for a period of up to thirteen (13) months; and WHEREAS, the contract includes pre-negotiated monthly extended RPR services in the amount of $17,038 per month; and WHEREAS, on October 17, 2012, the Capital Improvement Projects (CIP) Office approved Amendment No. 1 to the Agreement, for a not-to-exceed amount of $24,999, for additional services for the re-alignment of roadway and driveway harmonization analysis; and WHEREAS, on February 20, 2013, the consultant submitted a proposal for additional professional services associated with additional scope of work; and WHEREAS, the total additional fee requested by the Consultant for the additional work is $1 07,098; and WHEREAS, City staff have evaluated the Consultant's cost proposal and are in agreement that the proposal is reasonable; and WHEREAS, additional funds have been appropriated within the capital budget for the additional work; and WHEREAS, Amendment No. 2 to the Agreement will revise the total contract sum to a not-to-exceed total of $382,092. 217 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. 2. 2. MODIFICATIONS The Agreement is amended to include and incorporate the additional work, as set forth in Schedule A, 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. 2. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 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 CITY OF MIAMI BEACH, FLORIDA Matti Herrera Bower, Mayor CONSULTANT: SCHWEBKE-SHISKIN & ASSOCIATES, INC. President Print Name Date T:\AGENDA\2013\April 17\Sunset Islands 1 & 2-Schwebke Shiskin-Amendment No. 2\SS 1 & 2-SCHWEBKE- Amendment No. 2.docx 218 SCHEDULE "A" SUNSET ISLANDS NO. I & II SCOPE OF SERVICES Schedule "A" entitled, "Scope of Services", is amended as follows: ADD the following TASK 5 -ADDITIONAL SERVICES: Task 5.3 -Additional Services -Revision of Pollution Control Structures: As required by site conditions, the Sunset Islands 1 & 2 Bid Package No. 8E project will require additional design efforts to modify the previously designed pollution control structures. During construction of the drainage system and review of the construction plans, it was found that several of the previously design pollution control structures were within, or within close proximity, of an existing driveway. In many instances the pollution control structures were designed to be above grade. This would result in obstructions, or hazards, within or near a drivable area. In consideration of the proposed infrastructure improvements by Chen-Moore & Associates, Inc., it was decided that the CONSULTANT shall prepare the necessary exhibits and calculations to process permits through the applicable agencies to allow for modification of the pollution control structures. Professional services to be provided by the CONSULTANT shall include: Prepare plans and calculations required to modify the pollution control structures. Process the plans, calculations and other exhibits for approval through the City of Miami Beach Public Works Department and Miami-Dade County Department of Environmental Resources Management for modification of the Class II Permit. Basis of Scope: The above scope was prepared based on the following assumptions: The previously designed infrastructure improvements originating from Chen-Moore & Associates, Inc. are free of any errors and omissions. The Engineer of Records agrees with the required modification of the Pollution Control Structures to lower the previously designed weir crest elevations. Deliverables: Schedule: Fee: Sketches and calculations of the proposed modifications. A Class II permit modification letter from DERM. Additional services will commence upon notification of Notice to Proceed (NTP) by the City. This additional service will be completed for a lump sum fee of $4,100. SS&A will invoice the City on a monthly basis based on the percentage complete. 17\~unset islands 1 & 2-schwebke shiskin-a21 'g :nt no. 2\additional services02 -schedule a. doc Task 5.4-Additional Services -Certification of Watermains: It was decided that the CONSULTANT shall certify all watermains within the project. This process is required to obtain a clearance from the Department of Health so that the contractor can begin transferring water services from the existing watermain to the new watermain. Professional services to be provided by the CONSULTANT shall include: Witness pressure tests for the full duration of time required to certify that the pressure test was performed in compliance with AWWA Standards. Prepare pressure test reports to be signed and sealed by a Florida Registered Professional Engineer. Review watermain as-built drawings for compliance with pertinent regulations. Prepare and process watermain certification applications through the City of Miami Beach Public Works Department and the Miami-Dade County Health Department. Basis of Scope: The above scope was prepared based on the following assumptions: The previously designed infrastructure improvements originating from Chen-Moore & Associates, Inc. are free of any errors and omissions. Bacteriological samples, Signed and Sealed asbuilt drawings by a Professional Land Surveyor and other required documentation not mentioned under "Professional services to be provided by the CONSULTANT" are provided to the CONSULTANT. Deliverables: Schedule: Fee: Copies of the documentation required for certification of the watermains, i.e. applications, pressure test results, bacteriological sample test reports, and as-built drawings. Clearance letter from the Miami-Dade County Health Department. Additional services will commence upon notification of Notice to Proceed {NTP) by the City. This additional service will be completed for a lump sum fee of $4,300. SS&A will invoice the City on a monthly basis based on the percentage complete. t:\agenda\20 13\april !?\sunset islands I & 2-schwebke shiskin-al-"'-··'""'"ll no. 2\additional services02-schedule a.doc 220 Task 5.5-Additional Services-Utility Coordination: Due to unforeseen conditions within the project the Sunset Islands 1 & 2 Bid Package No. 8E project will require additional efforts by the Resident Project Representative to assist in the coordination of utility relocations. In consideration of this work it was decided that the CONSULTANT shall prepare sketches, exhibits, plans and other documents, as needed, to assist in utility coordination and relocations to allow for the construction of water, drainage and roadway facilities. Professional services to be provided by the CONSULTANT shall include: Preparation of plans, sketches, exhibits and other documents for coordination with Utility companies. Attend meetings and walkthroughs of the project with the various utility companies, contractor and the City of Miami Beach, as needed. Basis of Scope: The above scope was prepared based on the following assumptions: The CONTRACTOR is responsible for utility coordination. Our firm will be assisting in coordination efforts. Deliverables: Schedule: Fee: Sketches, PDF's, and other forms of media, as needed, for coordination meetings and conversations with utility companies. Additional services will commence upon notification of Notice to Proceed (NTP) by the City. This additional service will be completed for a lump sum fee of $9,500. SS&A will invoice the City on a monthly basis based on the percentage complete. 17\sunset islands I & 2-schwebke shiskin-a:-·----• .. ·--nt no. 2\additional services02 -schedule a. doc 221 Task 5.6-Additional Services-Driveway Harmonization Consulting Services: As required by site conditions, the Sunset Islands 1 & 2 Bid Package No. 8E project will require additional Engineering Consulting and Resident Project Representative services to review, analyze and provide opinions regarding driveway harmonization re-design sketches provided by the Engineer of Record. Based on the previous analysis performed by this firm it was determined that the Engineer of Record, Chen-Moore & Associates, Inc., would need to prepare in-dividual sketches for harmonization of driveways determined to be lower in elevation than the elevation of the roadway designed as part of the infrastructure improvements for Sunset Islands 1 & 2. It was agreed that additional engineering consulting services will be provided by the CONSULTANT to verify that the design prepared by the DESIGN CONSULTANT will provide a positive gradient to the recently installed valley gutters. The CONSULTANT will also analyze and determine the scope of work required based on the sketched prepared by the DESIGN CONSULTANT to prepare a detailed cost estimate for the additional work. Professional services to be provided by the CONSULTANT shall include: Analysis of dreiveway harmonization drawings prepared by Chen-Moore &. Prepare engineer's cost estimates for driveways requiring harmonization in consideration of the higher roadway elevations. Basis of Scope: The above scope was prepared based on the following assumptions: The purpose of this work is to review driveway harmonization sketches for slopes consistent with providing a positive drainage flow to the recently installed valley gutters. Deliverables: Schedule: Fee: An engineer's cost estimate will be provided for each driveway requiring harmonization. Additional services will commence upon notification of Notice to Proceed (NTP) by the City. This additional service will be completed for a lump sum fee of $7,099. SS&A will invoice the City on a monthly basis based on the percentage complete. !?\sunset islands 1 & 2 -schwebke shiskin-m222al no. 2\additional services02 -schedule a. doc Task 5.7-Additional Services-Detailed Stormwater Modeling, Analysis and Recommendations: As required by site conditions, the Sunset Islands 1 & 2 Bid Package No. BE project will require additional Engineering Consulting services to prepare a detailed stormwater management model to more accurately define conditions of the designed stormwater management system by the Engineer of Record and DESIGN CONSULTANT, Chen-Moore & Associates, Inc. Due to storm events, high tide conditions and the resulting flooding conditions witnessed at the end of September 2012 the CITY requested the Schwebke-Shiskin & Associates, Inc., the CONSULTANT, to analyze and provide opinions and recommendations regarding the gravity stormwater management system designed by the DESIGN CONSULTANT. Professional services to be provided by the CONSULTANT shall include: Prepare a detailed stormwater model of the stormwater management system designed by Chen-Moore & Associates, Inc. Prepare maps and exhibits of the designed stormwater management system and of the proposed recommendations for a functional stormwater gravity system. Prepare a stormwater management study including a summary of the design conditions and results, detailed results obtained from the stormwater management model, and summary of recommendations for a functional stormwater gravity system. Basis of Scope: The above scope was prepared based on the following assumptions: The purpose of this work is to analyze the designed gravity stormwater management system and provide recommendations for a functional gravity stormwater system. The Engineer of Record will process, permit and coordinate the recommended modifications of the designed stormwater management system with the CITY and the CONTRACTOR. Deliverables: Schedule: Fee: A stormwater management study with summary of recommendations with pertinent sketches and reports. Additional services will commence upon notification of Notice to Proceed (NTP) by the City. This additional service will be completed for a lump sum fee of $13,947. SS&A will invoice the City on a monthly basis based on the percentage complete. t:\agenda\20 l31J;pril !?'~sunset islands 1 & 2 -schwebke shiskin -ar 22 Jlt no, 2\additional services03 -schedule a. doc N N ~ SCHEDULE B CITY OF MIAMI BEACH BAYSHORE NEIGHBORHOOD NO. 8E-SUNSET ISLANDS Ill CONSULTANT'S COMPENSATION FEE SCHEDULE nn "{',: ....... " ....... "'' .1-S!ADDITIONAL SERVICES 5.3;f3EVISION OF POLLUTION CONTROL STRUCTURES 5.4.CERTIFICATION OF WATERMAINS 5.5iUTILITY COORDINATION 5.6IDRIVEWAY HARMONIZATION REVIEW AND RECOMM . . :.: .................... ; .......... . 5.7: DETAILED STORMWATER ANALYSIS AND RECOMM. 5.8'ADDITIONAL RPR SERVICES (4 Months x $17,038) T:\AGENDA\2013\Aprii17\SS 1 & 2-Schwebke Shiskin-Amendment 2\Additonal Services-Schedule 8 1 of 1 u 225 THIS PAGE INTENTIONALLY LEFT BLANK 226 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving the second year renewal option to the professional services agreement between the City and RBC Dain Rauscher, Inc., now known as RBC Capital Markets,LLC, dated March 14, 2007, for financial advisory services; said renewal term having been deemed to commence retroactively on March 15, 2013, and ending on March 14, 2014. Key Intended Outcome Supported: Improve the City's overall financial health and maintain overall bond rating. Supporting Data (Surveys, Environmental Scan, etc.): Item Summary/Recommendation: The Administration recommends that the Mayor and City Commission adopt the Resolution which approves the second year renewal option to the Professional Services Agreement between the City and RBC Dain Rauscher, Inc., now known as RBC Capital Markets, LLC, dated March 14, 2007, for Financial Advisor Services; said renewal term having been deemed to commence retroactively on March 15, 2013, and ending on March 14, 2014. Adviso Board Recommendation: Financial Information: Source of Amount Funds: 1 N/A 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin : Patricia Walker, Chief Financial Officer Si n-Offs: Department Director MIAMI BEACH Fees paid from issued. 227 Account proceeds of new Bonds JLM AGENDA ITEM C 7/) DATE ftr12-1?; MIAMI H City of Miami 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov N MEMORANDUM TO: Mayor Matti Bower and Members of FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: A RESOLUTION OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SECOND YEAR RENEWAL OPTION TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND RBC DAIN RAUSCHER, INC., NOW KNOWN AS RBC CAPITAL MARKETS, LLC, DATED MARCH 14, 2007, FOR FINANCIAL ADVISORY SERVICES; SAID RENEWAL TERM HAVING BEEN DEEMED TO COMMENCE RETROACTIVELY ON MARCH 15, 2013, AND ENDING ON MARCH 14, 2014. ADMINISTRATION RECOMMENDATION Adopt the Resolution KEY INTENDED OUTCOME SUPPORTED Improve the City's overall financial health and maintain overall bond rating. BACKGROUND The Mayor and City Commission, at its March 14, 2007 City Commission meeting, passed and adopted Resolution 2007-26484, which accepted the City Manager's recommendation pertaining to the ranking of firms pursuant to Request for Proposals (RFP) No. 20-06/07 for Financial Advisory Services. It further authorized the Administration to enter into negotiations with RBC Capital Markets and authorized the Mayor and City Clerk to execute an agreement upon the completion of successful negotiations by the Administration. ANALYSIS The purpose of this resolution is to recommend the second year renewal of the contract with RBC Capital Markets for Financial Advisory Services. The original contract was for an initial five (5) year term with up to five (5) additional one (1) year renewal terms. 228 Commission Memorandum Financial Advisor Renewal April17, 2013 Page 2 of 2 RBC Capital Markets acts as Financial Advisors for the City's ongoing capital program, including Water & Sewer Bonds, Stormwater Bonds, Parking Bonds, and with the Line of Credit financing program. They are currently assisting the City with the financing plan for the undergrounding of the utilities for Sunset Islands 3 & 4, and the Miami Beach Convention Center Expansion Project. Additionally, they serve as Financial Advisors for the Miami Beach Health Facilities Authority (HFA). Last year, Mt. Sinai had applied to the HFA for a substantial bond refunding series of approximately $160 million. RBC Capital Markets served as the Financial Advisors to the HFA, the issuer, in this case Mt. Sinai, and were compensated by them from the proceeds from the sale of the bonds or other fees charged for the project. RBC Capital Markets also provides the City with various other financial advisory services, some of which include the following: Review existing debt structure and financial resources to determine available borrowing capacity. Advise as to market conditions and recommend the timing of the sale of bonds. Provide information concerning the structure of financing programs used by other issuers. Advise on the most efficient structure for each issue. Advise as to the advantages and disadvantages of municipal bond issuance or other credit enhancements. Assist in negotiating the interest rates proposed by the underwriters. Review the bond purchase agreement and advise as to its acceptance or rejection in light of market conditions. Assist legal counsel in the preparation and distribution of the Official Statement. Arrange for distribution of the Official Statement to bond underwriters and investors in accordance with the objectives communicated by the City. Included as Exhibit A is a more comprehensive list of the scope of services that RBC Capital Markets is required to perform and was part of their original contract with the City. In this Exhibit is also the fee structure that will continue to be in effect should this resolution be approved. Although the City uses RBC Capital Markets on a continuous basis, they are not compensated until the City issues bonds. Their fees are part of the cost of issuance that are paid from the bond proceeds. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution which approves the second year renewal option to the Professional Services Agreement between the City and RBC Dain Rauscher, Inc., now known as RBC Capital Markets, LLC, dated March 14, 2007, for Financial Advisor Services; said renewal term having been deemed to commence retroactively on March 15, 2013, and ending on March 14, 2014. JMG/PDW T:\AGENDA\2013\Aprii17\Financial Advisor Renewal Commission Memo FY13.docx 229 EXHIBIT A ·'SCOPE OF SERYlCES .. , .' ·• -Eln!\nc!ng§ Involving A Pull!!~ Oftbrlng of Pent Secur!tieJ, The Consultant agrees that upon I .roquest me . following 'aervlce$. ·may" be performed bY, the Consultant In consideration of the compensation in Paragraph 4 of this Exhibit "A". ·· · · • a. · ·. Review· existing debt stnJcture and financial resources to determine available borrowing r:apacity. b. Evaluate financing mechanisms and assist in the financing component of any such mechanisms ehosen by the City, c. To be available, upon proper notification, to participate in conference calls, conferences, with the personnel of the City and other consultants to the Cily regarding financing matters. d, Provide information concerning the structure of financing programs used by other lssue~rs. e. Recommend in conjunction with bond counsel, provh;ions and covenants to be contained in bond Issues, including, b1.1t not limited to bond amounts, maturities, Interest rates, redemption provisions, flow of funds, debt service coverage requirements, reserve funds, ~ecurity pledges and conditions relating to the issuance of additional bonds. · ~ f. As.sist with the preparation of de~.t service requirements (or proposed issues. ' g. Advise on the use of 11 negotiated or competitive bid sale for each issue. h. Coordinate b~nd .closing and transfer offunds. ' i. Advise liS to the advantages and disadvantages of municipal bond Insurance or other credlt.enhancemems. · j, Coordinate with and pro,vide the municipal bond mting agencies (a.nd credit enhancers, if applicable) with information ne~cessl!l')' to obtajn an 11pproprlate rating on the bonds. \ k. Advisc.as'lo ma~ket conditions and recof!lmend t~e liming of the sale of the. bonds. :' • I I. . Ass'i5t where needed at the time of a competitive sale in checking all bids for compliance with bid specifications, and make 11 recommendations as to award of the bonds in the best Interest ofthe City. m. A.ssist, upon reques~ in selection of the book·run.ning managing underwriter and co- mana~lng unde~itcrs for nogotiated sale of bonds. · · · 11 230 . . n Advise whether to utilize a selling group. · o .... :· • Assist in negotiating the interest rates proposed by the underwriters for the bonds as ' I'! ~II as l~e underwriters (:Ompensatl~ and tlXJ'!lOSC$ on 1he Issue expr~sscd in terms of the gross underwriters discount. ' ' ' ·p. · Review the bond purchase agreement and advise as to its acceptance or rejection in light ,of market conditions. q. Assist legal counsel in the preparation and distribution of the Official Statement. , r. Arrange for distribution of the Official Statement to bond underwriters and Investors in accordance with the objectives commun·loated 10 the Consultant by the City or Its agents or representatives. · · s. Assist, at bond closing, and coordinate printing, signing and delivery of bonds, including receipt of transcript, bond printing, CUSlP numbers and delivery of bonds. 2. ·Financjngj 'blot Involving a Public Offering of Debt Securities. The Consultant agrees that upon request rhc following services may be porfo1mod by the Consultunt (In addition to the services previously described) in consideration ofthe compensation In Paragraph 4 of this Exhiblt "A". a. Assist in the selection of a financing vehicle, including but not limited to, private pl~cement of debt, participation In pooled loan programs, short term borrowing programs, bank loans, tlix anticipation note~, certificates of pJ~rticipation, and revenut anticip11tion notes or other alternative linanci.al products, including but not. limited to interest. ~tc: swaps, caps or collars and investmen1 of bond proceeds. b. In conjunction with City's legal counsel, assist in the ,preparation of private placement. memorendums, loan upplications, or other information related· to the financing. · · 3. Services Nro Jnyg!vlnB SpceU1c Finaoch::u~s, The Consultant agrees thpt upon request the tbllowlng services may be performed by the Consultant in consideration of the compensation In Parpgraph 4 of this Exhibi.t "A". a. Attend rneeiings rclated.to the City's business as requested. b. Pr~pare debt ~apacity reports and ·other r~quested ·ser:vices, such as periodic .rating agency updates and other speclal studies as directed by the Chy. 4. Compensation, The Consultant' shall be compe,nsa'ted; for all wo~k performed, for the City pursuant to Paragraphs 1 '· 2, and 3 of.this Exhibit "A" .Ps follows.: 13 a. The Consultant.shall be paid the following hourly rates for all lime expended by its personnel for speclflc projects requested in :-"riling by:the City, es follows: Managing Director and Director V,ice Presi.den.t · 12 231 ~225 per hour $200 per hour '' 0 I 0 1 •. : 1 , I~ 0 , :I I I ·· Associate Vice President and · Plnanolal Analyst : · ·• "Support Staff $150 per hour no charge ,.. " Altetnativclyi'the City may wish to negotiate a fixed price for such special projects, · · ' · • · :rhe Ci1y ood the' Cc:msoltant acknowledge that there will be special projects for which · • · · · · .. : the· servl~s. of· the Consultant may be RXJUCstod which are not appropriately 'compensated for on an hourly rate and:•.thloh do not resullln the issoanllt\ of bonds as more speelf'ically referenc~ below, Fees for these special aervloes shall be n~gotlated on11 o11se by case bas!s and shalt be agrllt\d to in writing by both parties. b. In connection· with the issuance of debt, the Consultant sh111l be paid at closing in aocord11noe with the following S<lhod1.1le wilh 11 rninltnlln'l fee of $15,000 per transaction: Par Amount of Bonds Jssued First $0-$50,000,000 $50,000,000 . $'1 00,000,000 $1 00,000,000-and more Fee ?er $1 ,000 $1.25 $1.00 $0.75 There shall be a surcharge of$5,000 for competitive sales and/or refunding!!. c. ln the capacity of plaeemenl and/or pricing aeent of Interest rate swaps or other ' dor!vative products, Consu!Wnl will charge a i%1e of five basls points (0.05%) of \he welshted average ba!anllt\ to b,e swap~ each, year, discounted ai 11 taltt>ble yield, with a cap to be negotiated on eaoh nnsactkm reflecting the oomplexlty and risk a&sociated with such transactions. Por the reinvestment of bond proce~s Consultant · will charge' a fee of 3 basis points computed on the same basis as described in the previous sentence. ~ d. For the preparation of the bid solicitation and review of bids received for securities tt> be puruhasell for eS\1roW accounts', t;unranteed Investment agreum'cnts Md other investments, the Consultant shall be paid a Placement Fut of five basil; polnu (\LOS%) of the we!shted avenige balanee to be invested enon ye(!r of the agreement, dlscoiH'ited at a taxable yield by the A~reel'TlQnt ProvidQl'on behalf of the City, e. For conduit financings proposed to. be issued through the City, the Consultant shall be paid on the same fef! St1hedu!e as set forth above in panigrnph' (b) by the Borrower, In the event that no bonds are actually issued, the Consultant sh'&ll receive .. a fee from the Borrower, such fee subject to nogotlailon between the Consultant and the Borrower, but in no event less than the dollar amount for the hours expend~ on the projee1 to compens11te the Consultant for the prttparntlon and presentation to the City of a report analyzing the credit, th~ proposed marketing plan, and anal)'·zlng the City's protection from any 'ri&lr of default on the financing and , making a recommendation regarding the issuanee of the proposed bonds. 13 232 Afteraction June 6, 2012 City of Miami Beach C7D A Resolution Retroactively Approving And Authorizing The Acceptance Of A Total Of Seven Thousand Eight Hundred Dollars ($7,800) In Cash And In-Kind Donations From The Sponsors Set Forth In This Resolution, Made To The City For Health Fair And Bingo Night For Seniors, A Free Informative And Entertainment Event Held On May 22, 2012; And Further Appropriating Said Funds; And Also Accepting And Authorizing The City Manager Or His Designee To Make Such Expenditures And/Or Reimbursements From The Aforestated Donations, In Furtherance Of And Consistent With The Aforestated Event. (Community Services) ACTION: Resolution No. 2012-27910 adopted. Patricia Walker to appropriate the funds. Marta Rulz to handle. C7E Regarding The Municipal Distribution Of The People's Transportation Plan Surtax Funding; Authorizing The Administration To Represent The City Of Miami Beach During Negotiations Between The MDCLC And Miami-Dade County; And Further Reaffirming The City's Position That Surtax Funding For Newly Incorporated Municipalities Should Be From The County's 80% Share Of The Surtax, As Originally Negotiated In Good Faith And Agreed To By Miami-Dade County In 2002, And As Currently Required By Miami-Dade County Ordinance 02-116. (Economic Development) ACTION: Resolution No. 2012-27911 adopted. Kevin Crowder to handle. t:QE/-F.~1 A Resolution Approving The First Year Renewal Option To The Professional Services Agreement Between The City And RBC Daln Rauscher, Inc. (D/B/A RBC Capital Markets), Dated March 14, 2007, For Financial Advisory Services; Said Renewal Term Having Been Deemed To Commence Retroactively On March 15, 2012, And Ending On March 14, 2013. (Finance Department) tMrntq.r·•r::.~;~e.$·~)1u_tloi1:Nb:··2M·2·~279.Uad.opteet:·.P~·t.rl¢.1~·wall<er.::ti>;·h~ndie'. ·:/ SUPPLEMENTAL MATERIAL 1: Resolution C7G A Resolution To Exercise The First Renewal Option Wrth Paper Solutions, Inc. (D/B/A Partek Solutions), And Print Media Corporation, Pursuant To Invitation To Bid (ITB) No. 27-09/10, For The Purchase And Delivery Of Multi-Space Parking Pay Station Receipt Paper, In The Estimated Annual Amount Of $75,000. (Parking Department) ACTION: Resolution No. 2012-27913 adopted. Saul Frances to handle. 17 M:\$CMB\CITYC LER\AFTERACT\2011-2012\20 12\Afteractlons\20120606\Final\aa06062012.doc 233 '• · ·f. · • ··The Consultant,shall be ~lmburscd for nil out·of·pocket expenses. rmvel expense · nlmbursoment ·shall -comply with the t!lty' s policy fbr l'tllmbursemont of City employees. ,.,., S. · · •·Otber ·~eQ:i,Qe§:'The· City agrees that the following catesory of SClrvio!lS, or other ·services no\ enumel"iite.d horoln,·wnen roquoslcd In writing to be porformed by the Consultant shot! be · oompen'satcd 'In 1\ mutually agreed upon ma.nner confirmed In writing by both parties. a. Assisting whh validation proceedings and/or testifying as an expert witness with respect 10 offtlflt'lg&. .. b. Providing eecondary market disclosure service~ 11pon request in compliance with Rule l So(2)·12 of tn·c Seeurltlos and SxohnnscrCommls5lon, . . ' c. Participating In the development pf a flna.ncial plan for the City's capital improvements progmm. · d. Advlc\l on VtJrious budget and funding matters nol specifically relaled to the offer of so~uritlos or other nnanoings reforcriood in Paragre,plu I ttnd 2 of this Exhlbll. · 6. T~ parties !ICknowledge that if the Consvltant sells securities for investment progr~tms to the City 91.lch salo Is in tho Conaultant' s rola as a broker/dealer and as principal !lnd th~ City ack.nowlo9ges that a Tl'lllrk·up will be cha~ged on the s~lc, which markup shall be disclosed lo the: City. ' . 7. g Director, wlll be the prim~try banker for the Consultont for all work porfut•med h Sonya Little, VIce Prusidenlt wl!i provide support for. 1111 work pel'fotmed herewith. Other professionals wm perform se:rvhX~ilas 1alre· Richard Montalbano, Neither Richard Montalbano nor Sonya Lln!e mil)' be removod from this position without City's wrltton II,PProval. 8. · The Consuhanl shall be entitled to the relmbl,lrsement of exp~nses associated, with all sarvloos eonlompl:~tod horoin In full. 9. The parties ack.nowledgo that the Consultant m11y hnve ongoing business relationships with other lnvestm«;nt bonking firms and flnonclal pdvlsors, Including firms doing business with the City. I 5 10, This Exhibit does not govem, nor does it prohibit the Consultant from serving in othor rolos, such as lnvastlng funds as a brokor/dealor, sotllng soourltic" 10 tho City es principal or other acllvhles. ·. · 14 234 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SECOND YEAR RENEWAL OPTION TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND RBC DAIN RAUSCHER, INC., NOW KNOWN AS RBC CAPITAL MARKETS, LLC, DATED MARCH 14, 2007, FOR FINANCIAL ADVISORY SERVICES; SAID RENEWAL TERM HAVING BEEN DEEMED TO COMMENCE RETROACTIVELY ON MARCH 15, 2013, AND ENDING ON MARCH 14, 2014. WHEREAS, at its March 14, 2007 meeting, the Mayor and City Commission adopted Resolution No. 2007-26484, which accepted the City Manager's recommendation pertaining to the ranking of firms pursuant to Request for Proposals (RFP) No. 20-06/07 for Financial Advisory Services, authorizing the Administration to enter into negotiations with RBC Capital Markets, and further authorizing the Mayor and City Clerk to execute an agreement upon the completion of successful negotiations by the Administration; and WHEREAS, the aforestated Agreement provides for the City, at its sole discretion, to renew the Agreement, upon the same term and conditions, for up to five (5) additional one (1) year renewal terms; and WHEREAS, the Administration requests that the City Commission hereby approve the exercise of the second renewal term, which would be deemed to have commenced retroactively on March 15, 2013 and which would expire on March 14, 2014. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve the second year renewal option to the Professional Services Agreement between the City and RBC Dain Rauscher, Inc., now known as RBC Capital Markets, LLC, dated March 14, 2007, for Financial Advisor Services; said renewal term having been deemed to commence retroactively on March 15, 2013, and ending on March 14, 2014. PASSED and ADOPTED this -----day of _____ 2013. MAYOR ATTEST: CITY CLERK 235 THIS PAGE INTENTIONALLY LEFT BLANK 236 T: COMMISSION ITEM SUMMARY Condensed Title: A Resolution Authorizing The Donation Of Two (2) Freightliner Fl60 Ambulances, In "As Is" Condition, To Our Sister City Of lea, Peru; And Authorizing The Donation Of Fifteen (15) Incomplete Sets Of Firefighting Protective Clothing, Forty-Five (45) Sections Of Hose, And Ten (1 0) Self Contained Breathing Apparatus (SCBA), In "As Is" Condition, To Our Sister City Of Cozumel, Mexico. Intended Outcome Su orted: Item Summary/Recommendation: Approve donation of one (1) 2000 Freightliner FL60 ambulance (vehicle 1008, mileage 1 07,640), and one (1) 2002 Freightliner FL60 ambulance (vehicle 1012, mileage 113,581 ), estimated remaining value of less than $25,000 each, in "as is" condition, to our Sister City lea, Peru. Approve donation of fifteen (15) incomplete sets of firefighting protective clothing, which is not serviceable due to the national standards that recommend replacement after 10 years and therefore has no market value for auctioning. Thirty-one (31) 50 foot sections of 1 Y2 inch hose (no remaining value) and fourteen (14) 50 foot sections of 2Y2 inch hose (no remaining value), which has failed to pass inspection and testing performed on a yearly basis per national standards. Ten (1 0) self contained breathing apparatus with air-tank and mask (market value is $725 if refurbished). Since the surplus breathing apparatus have not been refurbished, the estimated remaining value of each is $350. This equipment is available in "as is" condition for donation to Cozumel, Mexico. Board Recommendation: Financial Information: Source of Amount Funds: 1 2 3 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Javier Otero, Fire Chief Assistant City Manager MIAMI BEACH 237 Account AGENDA ITEM DATE e7E l(-17-13 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 f the City Commission DATE: April17, 2013 SUBJECT: A RESOLUTION OF THE M YOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE DONATION OF TWO (2) FREIGHTLINER FL60 AMBULANCES, IN "AS IS" CONDITION, TO OUR SISTER CITY OF ICA, PERU; AND AUTHORIZING THE DONATION OF FIFTEEN (15) INCOMPLETE SETS OF FIREFIGHTING PROTECTIVE CLOTHING, FORTY-FIVE (45) SECTIONS OF HOSE, AND TEN (10) SELF CONTAINED BREATHING APPARATUS (SCBA), IN "AS IS" CONDITION, TO OUR SISTER CITY OF COZUMEL, MEXICO. ADMINISTRATION RECOMMENDATION Approve the resolution. ANALYSIS The Fire Department is currently in possession of surplus equipment that is fully depreciated and replaced by new inventory making it available for auction or donation. Pursuant to Section 2-315(c) of the Miami Beach City Code, the City Manager or his/her designee have the authority to donate surplus stock to another governmental entity without placing the surplus stock for sale if the donation serves a charitable or public purpose, the donation is in the best interest of the city, and the value does not exceed a replacement value of $25,000. Upon approval by the City Commission to donate the equipment, the following steps will be taken to complete the donation: • Preparation of a bill of sale that would include the value of the donation, name and address of recipient, and equipment information. • Removal of City of Miami Beach Graphics and vehicle number(s). • Removal of fuel management system devices. • Removal of City license plate. • Completion of Transfer of Title • Coordination with recipient agency for vehicle pick-up at their expense. Mayor Matti Herrera Bower received formal requests from our Sister Cities of lea, Peru and Cozumel, Mexico for items which can be provided from the surplus inventory. One (1) 2000 Freightliner FL60 ambulance (vehicle 1008, mileage 107,640) and one (1) 2002 Freightliner FL60 ambulance (vehicle 1012, mileage 113,581 ), estimated remaining value of less than $25,000 each, are available to satisfy the request from lea, Peru for 238 donation of two ambulances in "as is" condition. Fifteen (15) incomplete sets of firefighting protective clothing, which is not serviceable due to the national standards that recommend replacement after 10 years and therefore has no market value for auctioning. Thirty-one (31) 50 foot sections of 1 Y2 inch hose (no remaining value) and fourteen (14) 50 foot sections of 2Y2 inch hose (no remaining value), which has failed to pass inspection and testing performed on a yearly basis per national standards. Ten (1 0) self contained breathing apparatus with air-tank and mask (market value is $725 if refurbished). Since the surplus breathing apparatus have not been refurbished, the estimated remaining value of each is $350. This equipment is available in "as is" condition for donation to Cozumel, Mexico. The current Fire Chief, Javier Otero, has received multiple requests for donations of equipment via e-mail, walk-in, mail, telephone calls and from firefighters returning from trips abroad. Chief Otero recommends that for all future requests, the process for documenting requests be formalized to ensure that a transparent and consistent method of review is followed for all requests. Ideally, the process should include facilitating the use of an online auction to ensure that there is no interest for the items in the resale market, development of formal process for receiving requests and a yearly review of all requests received to ensure that all requests receive equal consideration and items are not distributed on a first come first served basis. The process may also include sending a list of available equipment to all Sister Cities to ensure their need~ are considered during the yearly allocation. CONCLUSION There is an existing relationship between the City of Miami Beach and the sister cities of lea, Peru and Cozumel, Mexico. The equipment they are requesting does not meet the national standards and recommendations for safety and reliability that the Fire Department adheres to. The donation of the equipment is in the best interest of the City of Miami Beach and the Sister Cities receiving the equipment. Satisfaction of the current request is recommended. T:\AGENDA\2013\April17\vehicle and equipment donation 2013CommissionMemo.docx 239 RESOLUTION TO BE SUBMITTED 240 COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving an extension to the services framework agreement between the City and Parkeon, Inc., for technical support services, Parkfolio and online credit card processing, maintenance, and extended hardware warranty; said amendment commencing on July 1, 2013 and expiring on June 30, 2014; further approving and authorizing the Mayor and City Clerk to execute Amendment No. 1 to the Agreement. Key Intended Outcome Supported: Improve process through information technology. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: On July 16, 2008, the Mayor and City Commission approved Parkeon, Inc., as the sole source vendor for Parkeon parking equipment, which is one of the providers of the City's multi-space pay stations for on- street and off-street facilities. Subsequently, on December 24, 2008, the City entered into a Service Framework Agreement with Parkeon, Inc., for technical support services. These services included; Parkfolio (online pay station management system); online credit card processing; and extended hardware warranty, for a term of three (3) years, which expired on December 24, 2011. Subsequently, on January 11, 2012, the Mayor and City Commission approved Resolution No. 2012-27817 extending said agreement to June 30, 2013. On September 23, 2011, the Mayor and Commission approved the issuance of RFP No. 46-10/11 for the Purchase and Installation of Multi-Space Pay Stations for the City's on-street and off-street facilities. The purpose of this RFP is to purchase, install, and/or upgrade the City's existing multi-space pay station inventory and this new system is be under warranty. However, the installation of the new stations was phased and should be completed within the next three (3) years. Therefore, during the transition period, the existing Parkeon equipment will continue to need service from the manufacturer. The amendment to the agreement shall contain the same terms and conditions of the existing agreement revised to reflect the remaining equipment and supplies that will be serviced. These expenses are already included in the Parking Department's operating budget. The Administration recommends that the Mayor and City Commission approve an amendment to extend the services framework agreement with Parkeon, Inc., for technical support services, Parkfolio and online credit card processing, maintenance, and extended hardware warranty; said amendment commencing on July 1, 2013, and expiring on June 30,2014, with two {2) additional one~vear renewal options. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 D 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: rtment Director t:\agenda\2013\april 17\parkingparkeonagreement.sum.doc MIAMI BEACH 241 Account r AGENDA ITEM _C_7_/= __ DATE tr-/7-13 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 Me FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN EXTENSION TO THE SERVICES FRAMEWORK AGREEMENT BETWEEN THE CITY AND PARKEON, INC., FOR TECHNICAL SUPPORT SERVICES, PARKFOLIO AND ONLINE CREDIT CARD PROCESSING, MAINTENANCE, AND EXTENDED HARDWARE WARRANTY; SAID AMENDMENT COMMENCING ON JULY 1, 2013 AND EXPIRING ON JUNE 30, 2014; FURTHER APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Improve process through information technology. ANALYSIS On July 16, 2008, the Mayor and City Commission approved Parkeon, Inc., as the sole source vendor for Parkeon parking equipment, which is one of the providers of the City's multi-space pay stations for on-street and off-street facilities. Subsequently, on December 24, 2008, the City entered into a Service Framework Agreement with Parkeon, Inc., for technical support services. These services included; Parkfolio (online pay station management system); online credit card processing; and extended hardware warranty, for a term of three (3) years, which expired on December 24, 2011. Subsequently, on January 11, 2012, the Mayor and City Commission approved Resolution No. 2012-27817 extending said agreement to June 30, 2013. On September 23, 2011, the Mayor and Commission approved the issuance of RFP No. 46-10/11 for the Purchase and Installation of Multi-Space Pay Stations for the City's on-street and off-street facilities. The purpose of this RFP is to purchase, install, and/or upgrade the City's existing multi-space pay station inventory and this new system is under warranty. 242 Commission Memorandum April 17, 2013 Multi-Space Pay Station (Parkeon) Service Framework Agreement -Amendment However, the installation of the new stations was phased and should be completed within the next three (3) years. Therefore, during the transition period, the existing Parkeon equipment will continue to need service from the manufacturer. The amendment to the agreement shall contain the same terms and conditions of the existing agreement revised to reflect the remaining equipment and supplies that will be serviced. These expenses are already included in the Parking Department's operating budget. CONCLUSION The Administration recommends that the Mayor and City Commission approve an extension to the services framework agreement with Parkeon, Inc., for technical support services, Parkfolio and online credit card processing, maintenance, and extended hardware warranty; said amendment commencing on July 1, 2013; further approving and authorizing the Mayor and City Clerk to execute Amendment No. 1 to the Agreement. JLM/PDW /S~RAR t:\agenda\2013\april 17\parkingparkeonagreement.cme.docx 243 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN EXTENSION TO THE SERVICES FRAMEWORK AGREEMENT BETWEEN THE CITY AND PARKEON, INC., FOR TECHNICAL SUPPORT SERVICES, PARKFOLIO AND ONLINE CREDIT CARD PROCESSING, MAINTENANCE, AND EXTENDED HARDWARE WARRANTY; SAID AMENDMENT COMMENCING ON JULY 1, 2013 AND EXPIRING ON JUNE 30, 2014; FURTHER APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO.1 TO THE AGREEMENT. WHEREAS, on July 16, 2008, the Mayor and City Commission approved Parkeon Inc., as the sole source vendor for Parkeon parking equipment, which is one of the providers of the City's multi-space pay stations for on-street and off-street facilities; and WHEREAS, on December 24, 2008, the City entered into a Service Framework Agreement with Parkeon Inc for technical support services; these services included: Parkfolio (online pay station management system); online credit card processing; and extended hardware warranty, for a term of three (3) years, which expired on December 24, 2011; and WHEREAS, on January 11, 2012, the Mayor and City Commission approved Resolution No. 2012-27817 extending said agreement to June 30, 2013; and WHEREAS, on September 23, 2011, the Mayor and Commission approved the issuance of RFP No. 46-10/11 for the Purchase and Installation of Multi-Space Pay Stations for the City's on-street and off-street facilities to purchase, install, and/or upgrade the City's existing multi-space pay station inventory and this new system is be under warranty; and WHEREAS, the installation of the new stations was phased and should be completed within the next three (3) years; therefore, during the transition period, the existing Parkeon equipment will continue to need service from the manufacturer; and WHEREAS, the Amendment to the Agreement shall contain the same terms and conditions of the existing Agreement revised to reflect the remaining equipment and supplies that will be serviced, and these expenses are already included in the Parking Department's operating budget. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve an extension to the Services Framework Agreement between the City and Parkeon Inc. for technical support services, Parkfolio and online credit card processing, maintenance, and extended hardware warranty; said Amendment commencing on July 1, 2013 and expiring on June 30, 2014; further approving and authorizing the Mayor and City Clerk to execute Amendment No. 1 to the Agreement. PASSED AND ADOPTED this ___ day of ______ ....:, 2013. ATTEST: CITY CLERK MAYOR JLM/PDW/SF/RAR t:\agenda\2013\april 17\parkingparkeonagreement. res.docx 244 APPROVED AS TO FORM & LANGUAGE & EXECUTION uiQih ttorney ~\~TMJf-- AMENDMENT NO.1 TO THE SERVICES FRAMEWORK AGREEMENT This Agreement is made and effective as of this ___ day of ______ , 2013, by and between: PARKEON INC., a corporation organized and existing under the laws of the State of Delaware, and having its office at 40 Twosome Drive, Unit 7, Moorestown, NJ, 08057, (hereinafter referred to as "PARKEON"), AND City of Miami Beach, a municipal corporation existing and organized under the laws of Florida with its office at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (hereinafter referred to as "the Customer"), NOW, THEREFORE, THE PARTIES HERETO AGREE TO AMEND THE SERVICES FRAMEWORK AGREEMENT AS FOLLOWS: 1 . The Recitals on page 1 of the Agreement are amended as follows: 2. The Customer has bought and/or uses 253 PARKEON DG and 153 188 PARKEON Strada BNA pay and display machines. The Customer wishes to benefit from certain services provided by PARKEON relating to the use of said 253 PARKEON DG and 153 188 PARKEON Strada BNA pay and display machines. Th h rt e c a on page 3 fth A t . d d f II 0 e \Qreemen 1s amen e as o ows: SERVICE Applicable in this Agreement Technical Support Yes Services Parkfolio and On-Line Yes Credit Card Processing Maintenance I No Extended Hardware Yes Warranty Terms and conditions Detailed in Following Appendix Appendix 1 Appendix 2 1 Appendix 3 Appendix 4 1 245 Price and Invoicing Technical support shall be billed at an hourly rate of $135.00, as needed, for on-site support to be billed in % hour increments with a maximum of $810.00 per day, not to exceed $67 308 per year. $W-;OO $40.00 per paystation per month. Billed Monthly. Not Applicable $47-$49.74 perDG Strada BNA paystation not under warranty, per month., and not to exceed $142,692 ..,nn ,..,rr, 3. Article 7, "Term and Termination," is amended as follows: 7.1 This Agreement shall come into force upon the date first written above and shall be valid for an initial term of one (1) year two (2) years. This Agreement may be renewed, at the sole and absolute discretion of Customer, for two (2) additional one-year terms an additional one (1) year term, upon thirty (30) days written notice to PARKE ON, prior to the expiration of the initial term. 4. Appendix 3, "Maintenance Services," is amended as follows: CUSTOMER'S OBLIGATIONS Services Performed during the Preventative Maintenance Visit include: 1.1 Check the working of the escrow block and printer 1.2 Check the card reader and extension cable (Optional) 1.3(a) Check the position of the inner door and the coin inlet (DG Only) 1 .3f91 Check the coin detector operation 1.4~ Verify the coin blocking operation (Stelio /Strada) 1 .4 (b) Check the mechanical setting of the coin inlet electromagnet (DG Only) 1.5 Check the operation of the "ticket" "card debit" and "cancellation" buttons 1.6 Various controls 1 . 7 Clean the coin selector 1.8 Lubrication 1.9 Test battery voltages 2.0 Check the operation of the machine 5. Appendix 4, "Extended Hardware Warranty," Article 3, "Additional City Obligations," is amended as follows: Deletion of items no. 6 and 7 e. CUSTOMER \Nill replace any Paystations •.vhen no longer capable of repair, for V.'hatever reason (excluding the fault or negligence of PARKEON). 7. CUSTOMER will maintain the concrete mounting pad and mounting hard•.vare per the installation specifications. 6. Appendix 4, "Extended Hardware Warranty," is amended by replacing the original "seed stock" attached to the Agreement with the below: 2 246 144121/u SDA Bill Acceptor 2,078.00 5 10,390.00 144329 SDA Receivino Plate 499.00 4 1,996.00 147761 SDA GPRS antenna 68.00 3 204.00 404304511 SDA Mao Kit 261.00 4 1,044.00 404304570 SDA Card Reader 1,550.00 9 13,950.00 I 404406023 SDA Neoos Connector Board Cable 74.00 1 74.00 I 6oo4oo1694 SDA Keypad Connector Board 125.00 4 500.00 6014002769 SDA Mainboard 6 10,296.00 0 Data Pack 117.00 1 117.00 ELM1000001485 : SDA MCB Detection Switch 48.00 5 240.00 elm1000004176 SDA 2G Gprs Hi Lo 1,393.00 6 8,358.00 reOOO 126094 SDA Coin selector 627.00 8 5,016.00 re000144121 SDA Bill Acceptor 2,078.00 1 2,078.00 4000000052 SDAAntenna 68.00 2 136.00 $79,530.00 7. All other prov1s1ons of the Services Framework Agreement will remain unchanged and in full force and affect. IN WITNESS WHEREOF, the duly authorized representatives of the parties have executed this Agreement. ATTEST: By:. ____________________ _ CITY CLERK ATTEST: By: __________________ _ Name: Title: CITY OF MIAMI BEACH, FLORIDA By: ___________ _ MAYOR PARKE ON By: _______________________ _ Name: 3 247 Title: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION /' ,? 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 Joint Neighborhoods/Community Affairs And Land Use And Development Committees, Authorizing The City Manager To Negotiate And Execute An lnterlocal Agreement With The Miami-Dade Metropolitan Planning Organization For A Mass Transit Connectivity Feasibility Study To Be Conducted By The Miami-Dade Metropolitan Planning Organization And Allocating $25,000 Towards The Total Cost Of The Feasibility Study. orted: Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: I Shall the Mayor and the City Commission approve the Resolution? Item Summary/Recommendation: Effective and efficient mass transit connectivity between Miami Beach and the mainland is vital to the economic and environmental sustainability of the City of Miami Beach and the region. The City has developed close working relationships with Miami Dade Transit (MDT), the Miami-Dade Metropolitan Planning Organization (MPO), and the Florida Department of Transportation (FDOT) with the objective of providing various short-term transit improvements that enable residents and visitors to effectively travel in the City using the public transportation system. However, a long-term visionary approach is needed to ensure that future transportation demand in Miami Beach is effectively met. At the Joint Neighborhoods/Community Affairs Committee (NCAC)/Land Use and Development Committee (LUDC) meeting on March 19, 2013, both committees endorsed the City's participation in a feasibility study to be conducted by the Miami-Dade Metropolitan Planning Organization (MPO) to evaluate mass transit connectivity between Miami Beach and the mainland, and endorsed an allocation of $25,000 towards the total cost of the study. In addition, the Joint Committee referred the item for further discussion to LUDC and the Transportation and Parking Committee (TPC). Previously, the item was discussed at the Finance and Citywide Projects Committee (FCWPC) on July 10, 2012 and referred to the NCAC. The Administration is currently having discussions with the MPO to explore alternate opportunities to fund the feasibility study via a partnership with other stakeholder agencies such as the FDOT, MDT, and City of Miami. Preliminary funding commitments were discussed during a meeting between all agencies involved wherein MDT would provide $25,000, the City of Miami Beach would provide $25,000, FDOT would provide $75,000, MPO will contribute $175,000, and City of Miami was subsequently approached and agreed to a contribution of $25,000. The feasibility study is anticipated to take nine (9) months to complete. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION. Financial Information: Source of Amount Account Fu~. I 1 $25,000 187-0880-000312 3 OBPI Department Director Assistant Cit ager JJF JGG T:\AGENDA\201l\Apni17\Mass Transit Connectivity Summary.d x MIAMI BEACH 249 c ger AGENDA ITEM ---'C=--::...7-=G-;......___ DATE ft:Jr J3 SSION MEMORANDUM TO: Mayor Matti Herrera-Bower and Mem FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE JOINT NEIGHBORHOODS/COMMUNITY AFFAIRS AND LAND USE AND DEVELOPMENT COMMITTEES, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL AGREEMENT WITH THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION FOR A MASS TRANSIT CONNECTIVITY FEASIBILITY STUDY TO BE CONDUCTED BY THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION AND ALLOCATING $25,000 TOWARDS THE TOTAL COST OF THE FEASIBILITY STUDY. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING City's contribution in the amount of $25,000 will be funded by Half-Cent Transit Surtax (PTP) proceeds -Account No. 187-0880-000312. BACKGROUND Effective and efficient mass transit connectivity between Miami Beach and the mainland is vital to the economic and environmental sustainability of the City of Miami Beach and the region. The City has developed close working relationships with Miami Dade Transit (MDT), the Miami- Dade Metropolitan Planning Organization (MPO), and the Florida Department of Transportation (FOOT) with the objective of providing various short-term transit improvements that enable residents and visitors to effectively travel in the City using the public transportation system. However, a long-term visionary approach is needed to ensure that future transportation demand in Miami Beach is effectively met. In his February 28, 2013 state of the County speech, Miami- Dade County Mayor Carlos Gimenez expressed his desire to connect Miami Beach to the urban core of Miami Dade County. The County Mayor went on to say that there is a need to look for innovative solutions to the unacceptable status quo of choked roadways and grueling daily commutes. Mass Transit Connectivity was last studied by the MPO, the Board responsible for short range and long range regional transportation planning in Miami-Dade County, in 2004. The study proposed a mass transit connection between Miami Beach and Downtown Miami via the MacArthur Causeway. At that time, the City chose to use street car technology. Although the 250 Mass Transit Connectivity Apri/17, 2013 Page 2 of4 studies prepared as part of the previous mass transit connectivity project yielded satisfactory results at the time, concerns associated with the selected overhead catenary technology and funding potential did not allow the project to advance into the preliminary engineering phase. Currently, a mass transit project to connect Miami Beach and the mainland is included in the Miami-Dade MPO 2035 Long Range Transportation Plan (LRTP) as a Priority IV Unfunded Project. In December 2011, MDT hosted a meeting with officials from a Spanish rail company FEVE attended by representatives from the MPO, City of Miami, and City of Miami Beach. At the meeting, FEVE officials highlighted a catenary-free modern streetcar system currently operating in historic Seville, Spain. As a result of that meeting, the City Administration developed a concept of connecting Miami Beach to the mainland via an effective and efficient mass transit system utilizing new catenary-free technology. The topic was briefly discussed during a City Commission retreat in May 2012 and referred to the Finance and Citywide Projects Committee (FCWPC) for discussion. The item was presented to the FCWPC on July 10, 2012 (see Attachment). The FCWPC recommended that the Administration contact FEVE to explore the feasibility of a catenary-free application in Miami Beach and discussed the possibility of setting aside funding for the project with the provision that it cannot be used without authorization from the Commission and that status updates be provided to the FCWPC. Pursuant to direction from the FCWPC, City staff contacted FEVE, now one of several entities that make-up Tramrail. Tramrail is a public-private enterprise based in Spain that plans, designs, builds, operates, maintains, and finances passenger and commercial rail systems in Spain and abroad. The City obtained a preliminary scope from Tramrail detailing all the tasks needed to study the feasibility of rail transit in Miami Beach. The City has also been working with County staff to further develop the concept of establishing mass transit connectivity between Miami Beach and the mainland. This item was also discussed at the Joint Neighborhoods/Community Affairs Committee (NCAC)/Land Use and Development Committee (LUDC) meeting on March 19, 2013. At the meeting, the Joint Committee endorsed participation in a feasibility study to be conducted by the MPO to evaluate mass transit connectivity between Miami Beach and the mainland and endorsed an allocation of $25,000 towards the total cost of the study. In addition, the Joint Committee referred the item for further discussion and input to LUDC and the Transportation and Parking Committee (TPC). ANALYSIS The Administration had submitted a grant application to the Miami-Dade MPO under the Unified Planning Work Program "Call For Ideas Program" in the amount of $250,000 to conduct a Feasibility/Concept Development Study for Effective and Efficient Mass Transit Connectivity Between the City of Miami Beach and the mainland using the MacArthur Causeway and Julia Tuttle Causeway. The objectives of the feasibility study were to be as follows: • To define and develop the technical specifications required for the operation of an effective and efficient regional mass transit system to connect Miami Beach and 251 Mass Transit Connectivity Apri/17, 2013 Page 3 of4 the mainland. It is the City's preference that the mass transit system would operate in a catenary-free mode within urbanized Miami Beach. • To develop feasibility analysis for a regional mass transit project utilizing catenary- free technology within urbanized areas of Miami Beach. • To identify local and regional economic development opportunities associated with the proposed mass transit system, including compatibility with local and regional land use policies and transportation goals. • To identify social and environmental benefits, including improving safety, mobility, and quality of life for the City of Miami Beach, City of Miami, and the region. • To identify all potential funding sources available to the City of Miami Beach, City of Miami, and Miami-Dade County for the capital, operations, and financing of the proposed regional mass transit system. • To establish a plan for a system that guarantees simple integration with other regional transportation modes, particularly Metrorail and Metromover, thus increasing the potential of intermodality in Miami Beach and the region. The Administration has had discussions with the MPO to explore alternate opportunities to fund the feasibility study via a partnership with other stakeholder agencies such as the FOOT, MDT, and City of Miami. The feasibility study is expected to cost $325,000. Preliminary funding commitments were discussed during a meeting between all agencies involved wherein MDT would provide $25,000, the City of Miami Beach would provide $25,000, FOOT would provide $75,000, MPO would contribute $175,000, and City of Miami was subsequently approached and has agreed to a contribution of $25,000. The MPO is in the process of developing a broader scope of services, based on the feasibility study scope submitted by the City of Miami Beach, for a regional mass transit connectivity feasibility study that would better serve the transit needs of the region as well as the City. The MPO has advised that it is exploring pursuing the study through one of its General Planning Consultants (GPC). Therefore, the MPO has asked the City to recall its request for the Call for Ideas grant. Should the City Commission endorse this intra-agency partnership, City staff will continue to work with the County on the development of this feasibility study which is anticipated to take nine (9) months to complete. In addition to the preliminary feasibility study, the Administration is working proactively with the MPO to identify funding in the MPO Five-Year Transportation Improvement Program for the federally required planning and engineering studies associated with a future mass transit connectivity project. The MPO recently initiated the two-year process to update the LRTP to the year 2040, and the City is actively engaged in LRTP Update process and advocating for mass transit connectivity via representation on the LRTP Advisory Committee. This process will help rank the project in a list of priorities and identify further potential funding sources for future construction of the mass transit project. CONCLUSION The Administration recommends Commission endorsement of the City's intra-agency 252 Mass Transit Connectivity Apri/17, 2013 Page4 of4 participation in a mass transit connectivity feasibility study to be conducted by the Miami-Dade MPO and the allocation of a $25,000 City contribution towards the total cost of the feasibility study. Further, the Administration recommends that the City Commission authorize the City Manager to negotiate and execute an lnterlocal Agreement with the Miami-Dade MPO for the study. This item will be presented to LUDC and the Transportation and Parking Committee (TPC) in April for discussion and further input on the study scope and objectives. Lastly, City staff will continue to work with the MPO and stakeholder agencies and actively participate in the development of the feasibility study which is anticipated to take nine (9) months to complete. Attachment: FCWP Committee Agenda Item from July 2012 including photos of FEVE-operated catenary-free streetcar in historic Seville T:\AGENDA\2013\Aprii17\Mass Transit Connectivity MEMO.docx 253 Attachment 254 255 256 RESOLUTION NO.---- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE JOINT MEETING OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS AND LAND USE AND DEVELOPMENT COMMITTEES, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL AGREEMENT WITH THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION FOR A MASS TRANSIT CONNECTIVITY FEASIBILITY STUDY TO BE CONDUCTED BY THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION; AND FURTHER ALLOCATING $25,000 TOWARDS THE TOTAL COST OF THE FEASIBILITY STUDY. WHEREAS, effective and efficient mass transit connectivity between Miami Beach and the mainland is vital to the economic and environmental sustainability of the City of Miami Beach and the region; and WHEREAS, mass transit connectivity was last studied by the Miami-Dade Metropolitan Planning Organization (MPO), the board responsible for short range and long range regional transportation planning in Miami-Dade County, in 2004; and WHEREAS, although the studies prepared as part of the previous mass transit connectivity project yielded satisfactory results at the time, concerns associated with the selected overhead catenary technology and funding potential did not allow the project to advance into the preliminary engineering phase; and WHEREAS, a mass transit project to connect Miami Beach and the mainland is included in the Miami-Dade MPO 2035 Long Range Transportation Plan as a Priority IV Unfunded Project; and WHEREAS, the Administration has had discussions with the MPO to explore alternate opportunities to fund a new feasibility study via a partnership with stakeholder agencies such as the Florida Department of Transportation (FOOT), Miami Dade Transit (MDT), and the City of Miami; and WHEREAS, funding commitments were discussed wherein MDT would provide $25,000, the City of Miami Beach would provide $25,000, FOOT would provide $75,000, MPO would provide $170,000, and the City of Miami would provide $25,000; and WHEREAS, on March 19, 2013 at a joint meeting of the Neighborhood/Community Affairs Committee (NCAC) and the Land Use and Development Committee (LUDC), the Committees endorsed the City's participation in a feasibility study to be conducted by the MPO to evaluate mass transit connectivity between Miami Beach and the Mainland, and endorsed an allocation of $25,000 towards the total cost of the study. 257 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 joint meeting of the Neighborhood/Community Affairs and Land Use and Development Committees, and authorizing the City Manager to negotiate and execute an lnterlocal Agreement with the Miami-Dade Metropolitan Planning Organization for a mass transit connectivity feasibility study to be conducted by the Miami-Dade Metropolitan Planning Organization; and further allocating $25,000 towards the total cost of the feasibility study. PASSED and ADOPTED this 1 ih day of April, 2013. ATTEST: Rafael Granado, City Clerk T:\AGENDA\2013\April 17\Mass Transit Connectivity RESO.doc 258 Matti Herrera Bower, Mayor APPROVED AS TO FORM & LANGUAGE & FOt-l EXECUTION Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Setting A Public Hearing To Consider A Revocable Permit Request By The Ungar-Marshall Company Retail Project (Gap Store) Located At 1001 Lincoln Road Miami Beach Florida, To Permit A Proposed Metal Canopy That Projects Over The Public Right-Of-Way, With Horizontal Dimensions Not To Exceed Five Feet Eleven Inches (5'-11 ") Along Michigan Avenue And Six Feet (6'-00") Along Lincoln Road Mall At Ten Feet Four Inches (10'-4") Above The Sidewalk, And A Proposed Concrete Eyebrow That Projects Over The Public Right-Of-Way, With Horizontal Dimensions Not To Exceed 6 Feet (6'-00") Along Lincoln Road And Michigan Avenue At A Height Of Approximately 30 Feet (30'-00") Above The Sidewalk. Ke Intended Outcome Su orted: Maintain Miami Beach public areas and Rights-of-Way Citywide Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: On June 12, 20012, the Historic Preservation Board (HPB) granted a Certificate of Appropriateness for the demolition and the design of a new retail structure at 1001 Lincoln Road. The new design is to preserve the architectural theme of a Robert L. Weed design. The project proposal approved by the HPB, at its regular meeting on June 12, 2012 (pursuant to HPB File No.7316) included a metal canopy, 10'-4" above the sidewalk, and a concrete eyebrow, 30 feet above the sidewalk, that extend up to 6 feet into the public right-of-way of Lincoln Road and Michigan Avenue. Ungar-Marshall Company, as the owner of the Property, has requested a revocable permit for the construction and maintenance of the aforementioned canopy and eyebrow. Per City Code Section 82- 93, following submittal of the application for a Revocable Permit to the Public Works Department, the City Administration shall review the request and prepare a recommendation, and the City Commission shall consider setting a public hearing for consideration of the proposed revocable permit. THE ADMINSTRATION RECOMMENDS APPROVING THE RESOLUTION. Board Recommendation: Financial Information· Source of Amount Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin n-Offs: MIAMI BEACH 259 Account Approved r AGENDA ITEM C 7/f DATE tj-/7-(,.l 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 Me FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SET lNG A PUBLIC HEARING TO CONSIDER A REVOCABLE PERMIT REQUEST BY THE UNGAR-MARSHALL COMPANY RETAIL PROJECT (GAP STORE) LOCATED AT 1001 LINCOLN ROAD MIAMI BEACH FLORIDA, TO PERMIT A PROPOSED METAL CANOPY THAT PROJECTS OVER THE PUBLIC RIGHT-OF-WAY, WITH HORIZONTAL DIMENSIONS NOT TO EXCEED FIVE FEET ELEVEN INCHES (5'-11") ALONG MICHIGAN AVENUE AND SIX FEET (6'-00") ALONG LINCOLN ROAD MALL AT TEN FEET FOUR INCHES (10'-4") ABOVE THE SIDEWALK AND A PROPOSED CONCRETE EYEBROW THAT PROJECTS OVER THE PUBLIC RIGHT-OF-WAY, WITH HORIZONTAL DIMENSIONS NOT TO EXCEED 6 FEET (6'-00") ALONG LINCOLN ROAD AND MICHIGAN AVENUE AT A HEIGHT OF APPROXIMATELY 30 FEET (30'-00") ABOVE THE SIDEWALK. ADMINISTRATION RECOMMENDATION I The Administration recommends that the City Commission adopt the resolution setting a public hearing to consider the revocable permit. BACKGROUND The property is zoned CD-3 and is located on the northwest corner of Lincoln Road and Michigan Avenue, within the Flamingo Park Local Historic District. The existing building on the property was identified as a historic structure that once served as the location of the Community Theater, as well as a later redesigned storefront by Robert L. Weed. On June 12, 2012, the Historic Preservation Board (HPB) granted a Certificate of Appropriateness for demolition of the existing structure and the proposed design of a new retail structure. The new building will include a metal canopy, 10'-4" above the sidewalk, and a concrete eyebrow, 30 feet above the sidewalk, to reflect the architectural theme of the Robert L. Weed design. As approved, the canopy and eyebrow will project over the sidewalk of the Lincoln Road Mall and Michigan Avenue; thus, they will encroach into the City's right-of-way on the south and the east facades of the property, following the property line. Over ten feet of clearance will be maintained between the canopy and the sidewalk grade to allow unimpeded pedestrian traffic. 260 City Commission Memorandum -1001 Lincoln Road Revocable Permit Apri/17, 2013 Page 2 of3 The canopy projection over the sidewalk will not exceed five feet eleven inches (5'-11") along Michigan Avenue and six feet (6'-00") along Lincoln Road, while the eyebrow projection will be six feet (Attachments A, B, C, and D). A total of approximately 1500 square feet of the right-of- way will be encroached upon by the canopy and eyebrow. Ungar-Marshall Company (Applicant), as the owner of the property, has requested a revocable permit for the construction and maintenance of the aforementioned canopy and eyebrow. Per City Code Section 82-93, following submittal of the application for a Revocable Permit to the Public Works Department, the Administration shall review the request and prepare a recommendation, and the Commission shall consider setting a public hearing for consideration of the proposed revocable permit. ANALYSIS Pursuant to the criteria established under Section 82-94 of the City Code for the granting/denying of revocable permits, the City has concluded the following: 1) That the Applicant's need is substantial. Satisfied. The Applicant's need has been established by the HPB approval of the design. 2) That the Applicant holds title to an abutting property. Satisfied. The Applicant is the Owner of the property located at 1001 Lincoln Road. 3) That the proposed improvements comply with Applicable codes, ordinances, regulations, and neighborhood plans and laws. Satisfied. The Applicant has complied with all the regulatory requirements for design criteria. 4) That the grant of such application will have no adverse effect on government/utility easements and uses of the property. Satisfied. The encroachment (canopy and eyebrow) does not create a conflict with existing government utilities and/or easements. 5) Alternatively: a. That an unnecessary hardship exists that deprives the applicant of a reasonable use of the land, structure or building for which the Revocable Permit is sought arising out of special circumstances and conditions that exist, and were not self-created and are peculiar to the land, structures or buildings in the same zoning district and the grant of the application is the minimum that will allow reasonable use of the land, structure or building. b. That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example: enhanced landscaping, improved drainage, improved lighting and improved security. 261 City Commission Memorandum-1001 Lincoln Road Revocable Permit April17, 2013 Page 3 of3 Satisfied. Granting this permit may be considered a neighborhood-enhancing amenity since the canopy and eyebrow will provide pedestrians and bicyclists with shade and protection from rain. This design has been the subject of extensive discussion among neighbors, City officials, Planning staff, and the Miami Design Preservation League and has been modified to incorporate input from stakeholders. 6) That granting the revocable permit requested will not confer on the applicant any special privilege that is denied to other owners of land, structures or building subjected to similar conditions. Satisfied. Granting this permit will not provide special privileges to the applicant; any other property owner may also apply for a Revocable Permit provided they meet the applicable criteria, do not interfere with the safe utilization of any public ROW, and provide a neighborhood amenity such as pedestrian shade. 7) That granting the revocable permit will be in harmony with the general intent and purpose of Article Ill of the City Code, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. Satisfied. The proposed canopy and eyebrow will not have an impact on surrounding properties, will not devalue any adjacent properties, and will not have a detrimental effect to the public welfare. The Administration's analysis above shows that the above criteria established under Section 82- 94 of the City Code are satisfied. This application is also supported by the fact that the eyebrows are part of the design that was approved by the HPB. The HPB considered the canopy and eyebrow to be part of the best design solution for this project and to be consistent with preserving the architectural theme of a Robert L. Weed design. CONCLUSION The Administration recommends that the City Commission adopt the attached resolution to schedule a public hearing to consider approving the revocable permit. Attachments: A. Sketch and Legal Description B. Letter of Intent C. Revocable Permit Application D. Elevation View and Roof Plan JLM/JGG/ Jltt~EF T:V\GENDA\2013V\pril17\1001 Lincoln Road Revocable Permit-Memo.docx 262 Attachment A EXHIBIT"A" LEGAL DESCRIPTION: A portion of Lincoln Road and Michigan Avenue, lying directly adjacent to Lots 5 and 6, Block 38, COMMERCIAL SUBDIVISION OF THE ALTON BEACH REALlY COMPANY, according to the Plat thereof, as recorded in Plat Book 6, at Page 5, of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: Begin at the Southwest corner of said Lot 6; thence N 89'59' 46" E along the South line of said Lot 6 for 55.02 feet to a point of curvature; thence Northeasterly along a 15.00 radius curve leading to the left through a central angle of 89'59'02" for an arc distance of 23.56 feet to a point of tangency; thence N 00'00'44" E along the East line of said Lot 6 for 134.90 feet to the Northeast corner of said Lot 6; thence S 89'57'21" E along the Easterly projection of the North line of said Lot 6 for 5.92 feet; thence S 00'00' 44" W along a line 5.92 feet East of and parallel with the East line of said Lot 6 for 134.90 feet to a point of curvature; thence Southwesterly along a 21.00 radius curve leading to the right through a central angle of 89'59'02" for an arc distance of 32.98 feet to a point of tangency; thence S 89'59' 46" W along a line 6.00 feet South of and parallel with the South line of said Lots 5 and 6 for 93.1 9 feet; thence N 00'00' 49" E for 6.00 feet; thence N 89'59' 46" E along the South line of said Lot 5 for 38.25 feet to the Point of Beginning. SURVEYOR'S NOTES: This site lies in Section 34, Township 35 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida. Bearings hereon are referred to an assumed value of N 00'00'44" E for the West right-of-way line of Michigan Avenue. Lands shown hereon were not abstracted for easements and/ or rights-of-way of records. This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2011-011A. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on October 19, 2012, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Fl~nsed Surveyor and Mapper" F07rfN, ~~VY, SKILES, INC., LB3653 ~ ------~--~------------Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. ---~~--.~ (LEGAL DESCRIPTION, NOTES & CERTIFICATIONJ!-=:.:__~..!..:!L~ Plotted: 10/19/12 8:35a pORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street I North Miami Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 I Email fls@flssurvey.com 2 3 1012-063 of 3 I I I I I I I LOT4 I 1 I I I __ l_ N00°00'49"E 6.00' 20' ALLEY I o cl K 38 I I COMMERCIAL SUBDIVISION OF THE ALTON BjEACH REALTY COMPANY PLATIBOOK 6 PAGE 5 LOT5 .~POINT OF I /BEGINNING I / S. W. CORNER Of LOT 6 LOT6 FORTIN, LEAVY, SKILES, INC. DRAWING #2011-011A GRAPHIC SCALE ( IN FEET ) 1 inch = 30 tt. CENlERUNE Of J UNCOLN ROAD 60 LINCOLN (100'WIDE PUBLIC RIGHTOFWAY) (NO VEHICLE ACCESS) (PEDESTRIAN WAL'rWVAY) SKETCH OF DESCRIPTION ORTIN, KILES, "E CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast I 68th. Street I North Miami Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152/ Email fls@flssurvey.com 264 EXHIBIT"A" 35.00' RIGHT OF WAY PLAT BOOK 6 PAGE 5 I I I I I I I I I l 121067 LOT1 - 1012-06 of 3 w ::J z w > <( >< 0 z w _j 2011-011A 10/19/12 8:35o EXHIBIT "A" 14 13 14 13 --~ 1S 12 15 12 w -----i ---1---w ---1---::J 1s 1 11 ::J 16 11 z __ _j ----~--w I z I w 17 10 > > <( --, <( ---1 19 ----~ z z <( 0 <::i (/) I a: () w u.. ~ 1 I 2 13 4 I s I s u.. I I I I w J LINCOLN ROAD 12 I 11 I w I 9 I s 1 1 12 I 11 I 10 I 9 I 8 l l 12 I 11 1 w I I 1 I I I I I I 1 I I I I I 13 13 1:3 14 14 ---j ~<l__j 15 15 4 15 I --- 16 16 $ 16 I ---,---17 2 -;l-1 -----i 18 18 SIXTEENTH STREET FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street /North Miami Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152/ Email fls@flssurvey.com 265 AUachmentB ZONiNG, LAND USE AND ENVIRONMENTAL LAVV DIRECT LINE: (305) 37Hl238 E-Mail: rnmarrero@brzoninglaw.com Septer.aber10,2012 Beckmann, Public Works Department City of Miami Beach 1700 Convention Center Floor Miar.ai Beach, 33139 Re: Application in Connection with the Property Located at Dear Mr. Beckr.aann: This law firm Ungar-Marshall Company ("Applicant"), owner of 1001 Lincoln Road (Property"). Exhibit A (Survey). Please consider letter the Applicant's required letter conjunction with a revocable permit application concerning the of an architectural element, an eyebrow, over the way of the City of Miami Beach ("City"). See Exhibit B (Sketch and Legal Description of Area of Encroachments). Description of the Property and Surrounding Area. The Property is zoned CD~3 (Commercial, Intensity) and is located on the northwest corner of Lincoln Road Michigan Avenue, within Flamingo Park Local Historic District existing building on property was identified as a historic structure that once served as the location of the Community Theater, as well as a later redesigned storefront by Robert Weed. In June of 2012, the Historic Board granted a of Appropriateness for demolition of the existing structure and design of a new retail structure. The form and the articulation of the new building to recall elements of Robert Weed design. The new retail structure is designed as a volume, with large expanses of light limestone, a floating roof canopy. The palette of materials bring together modern finishes and technologies with materials that are reminiscent of those that have always formed a part of the language Lincoln Road, as bronzed metals and light limestone. WACHOVIA FINANCIAl.. CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305,374.5300 • FAX. 305,3?7.6222 • WWW.BRZONINGL.AW.OOM 266 Beckmann, Director September 10,2012 Page2 o£4 A sizable of stucco parapet that ran along the Road fa<;ade, sweeping a wide curve to Michigan Avenue, to end a short beyond, is reinterpreted as a stone feature, following location and scale original parapet, but now also serving as a focus for the display. new eyebrow is also situated to recall the height and position of the original eyebrow, but rather than being painted stucco, the eyebrow now metal Therefore, the proposed design reintroduces the important elements of the existing building. The result is a dynamic curve that brings you to the corner of the building, but also keeps a of what was As approved, the Project contains an eyebrow that minimally over sidewalk fronting Lincoln and Michigan Avenues. The City of Beach owns these sidewalk areas. Therefore, the projection encroaches into the above the City's rights-of-way. A fixed horizontal eyebrow is located on the south and east facedes of the and curved to follow property line. It is located over 10 feet above the As a result, of eyebrow represents no impediment to the follow of pedestrians. eyebrow encompasses a total area of 1,500 square feet the ROW. The architectural element will a critically important feature of the storefront and will help reintroduce the historic portion L. Weed's design. The Applicant satisfies the criteria for granting a revocable permit listed in the following subsections of the City of Miami Beach Code ("Code") Section 82~94. (1) Applicant's Need The Applicant's need for the permit is substantial. The location of proposed building, which will not set back from the property line, leaves no room for architectural define the historic background of the area. Further, in permitting of the historic Community Theatre building, the HPB required expression of its architecture. The new eyebrow will reintroduce one the primary elements of historic portion of the building to be demolished, '"'"'''-'H''"" to memory of Robert L. Weed's design. (2) to an Abutting Applicant holds title to Property located at 1001 Lincoln :ZONING, LAND USe AND ENVIRONMENTAL LA'VV 267 Fred Beckmann, Director September 10,2012 Page3of4 The Applicant will obtain any required building permits for the encroachments. (4) Grant Effect on Governmental/ Utility na::;;emern:s. The narrow eyebrow will not impact any governmental or is elevated over 10 feet above ground level. easements as it (5) Alternatively: Exists rll.i''"" .. ''Fo out of Special ...... ,, ............ «•L .... ........... ""' ......... Neighborhood. Proposed design from Touzet Studio was a subject of City Officials, Planning Miami Design League. architectural elements of the proposed GAP store were carefully revised .......... ,..,~'"'~'"~ to certainly enhance the F1arningo Park Historic District and the neighborhood. (6) Granting Permit Does Not Any property owner, especially one with a building '"''"""'-'-'"" at zero lot lines may request a revocable permit for use of the rights-of-way. Therefore, granting not confer any special on Applicant would otherwise be denied to similarly situated in same zoning district. (7) Harmony Code and Not to As stated above, architectural element satisfies all the Code requirements. The eyebrow does not project significantly into right-of-way and will not pedestrian access. Also, it does not project into the private properties. For these reasons, granting the permit will achieve with Code, not be injurious to surrounding properties and will not in any way detrimental to the public welfare. address the hardship caused by location of proposed building and to satisfy the requirements of HPB approval, the Applicant has proposed modest encroachments over the right-of-way. The request is in harmony with the intent and purpose of the Code, not be injurious to the area involved or otherwise detrimental to the public welfare. Moreover, the encroaching architectural element will help and define the background of the area. :ZONiNG, LAND USE ANO ENVIRONMENTAL. 1-AVV 268 Fred Beckmann, Director September10,2012 Page 4 of 4 Based on all the above reasons, the Applicant respectfully requests your favorable review and recommendation of this application. If you have any questions or comments with regard to the application, please call me at (305) 377-6238. Sincerely, Michael J. Marrero BERCOW RADELL & FERNANDEZ ZONfNG, l-AND U$;6 AND E;NVtRC>NMENTAL LA\N 269 S BUSINESS TELEPHONE: c/o Mickev Marrero. 305.377.6238 4. ADDRESS LEGi\L DESCRIPTION CITY PROPERTY: See Exhibi11b 5. ADDRESS AND DESCRIPTION APPLICANT'S ABUTTING SUBJECT CITY PROPERTY: ~23 Michigan Avenue. See Exhibit B (Survey). 6. A PUBLIC HELD REGARDING REQUEST? FILENO. OF 7. BRIEFLY STATE REQlJEST FOR REVOCABLE PERMIT: Applicant requests a revocable 12ermit to pennit a ])ronosed building to con~1t.L.an architectural element in the fonn of an eyebrow, which projects over the sidewalk fronting Lincoln Road and Michigan Ave .. The eyebrow is one of the required elements that were essential to the Historic P~servation Board :apnrovaL See Letter of 1!1t~~t for more details. 8. DOES THE ADDRESS; BUSINESS THE PROPERTY? YES DESCRlBE THE OBJECTS/STRUCTURES: 270 STRUCTURES ~~--~-- ATTACHED FOR ITEMS TO BE APPLICATION (SECTION 1 NO WORK SHOULD BE IN THE SUBJECT CITY PROPERTY UNTIL A REVOCABLE PERMIT APPROVED BY THE CITY COMMISSION OBTAINED. THE OBTAIN THE SUBJECT APPLICABLE CONTRACTOR WORK ON THE WITH THIS APPLICATION BECOMES OF PUBLIC WORKS 271 FILE NO.---------- THE SUBJECT PROPERTY IS AT THE FOLLOWING STREET ADDRESS: 1001 Lincoln Road, MIAMI BEACH, FL. OWNER AFFIDAVIT OR CORPORATION AFFIDAVIT, AS APPLICABLE, IF YOU ARE GIVING POWER OF ATTORNEY TO AN INDIVIDUAL TO REPRESENT YOU ON THIS COMPLETE THE LAST AFFIDAVIT. I, being first du~y sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing: that all the answers to the questions in this application and all supplemental data attached to and made a part of the application are honest and true to the best of my knowledge and belief. N/A SIGNATURE Sworn to and subscribed to before me this day of ________ . N/A NOTARY PUBLIC -=~~~~--=----~· being duly sworn, depose and say that I am the Vi as such, have been authorized by the corporation to for he questions in nd all supplemental data attached to and made a part of this appllcation are honest and best of our knowledge and belief; that corporation is the owner of the property described herein and which i · ect matter of the proposed hearing. GENERAL Sworn lo and subscribed to before me this t1 day PUBLIC I, being duly sworn, and say that I am the -"--'-"'-"'---~==:.-= Ungar-Marshall Comp<IDY, which is the owner of the described real property and that I am aware of the nature and effect of the request for this revocable permit, relative to my property, which is hereby made by me or I am hereby authorized Michael W Larli!n, Esq. I Michael J. Marrero, Es~. to my legal representatives before the City Commission, Sworn to and subscribed to before me this day of.-+""''--' Commission Expires: ---------:: 272 Attachment D 273 liNCOLN LANE 274 275 I ~ RESOLUTION NO.---- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER A REVOCABLE PERMIT REQUEST BY THE UNGAR-MARSHALL COMPANY TO PERMIT TWO ENCROACHMENTS INTO THE RIGHTS-OF-WAY ADJACENT TO THE RETAIL PROPERTY LOCATED AT 1100 LINCOLN ROAD (THE GAP STORE): 1) A PROPOSED METAL CANOPY WITH HORIZONTAL DIMENSIONS NOT TO EXCEED FIVE FEET ELEVEN INCHES (5'-11 ") ALONG MICHIGAN AVENUE, SIX FEET (6') ALONG LINCOLN ROAD MALL, AND TEN FEET FOUR INCHES (10'-4") ABOVE THE SIDEWALK; AND 2) A PROPOSED CONCRETE EYEBROW, HAVING HORIZONTAL DIMENSIONS NOT TO EXCEED A LENGTH OF 6 FEET (6') ALONG LINCOLN ROAD AND MICHIGAN AVENUE, AT A HEIGHT OF APPROXIMATELY 30 FEET (30'-00") ABOVE THE SIDEWALK. WHEREAS, the Ungar-Marshall Company (the Applicant) is the owner of the retail property located at 1001 Lincoln Road (the Property), which is currently leased as the Gap Store; and WHEREAS, the Applicant is proposing to redevelop the Property; and WHEREAS, the Applicant's proposed plan, approved by the Historic Preservation Board (HPB) at its regular meeting on June 12, 2012 (pursuant to HPB File No.7316) was approved, subject to Applicant obtaining approval for a Revocable Permit, for a metal canopy, 1 0' -4" above the sidewalk, and concrete eyebrow, 30 feet above the sidewalk, extending into the Lincoln Road and the Michigan Avenue rights-of-way; and WHEREAS, on Lincoln Road, the proposed canopy extends horizontally 6 feet into and 93.19 feet along the public right-of-way; and WHEREAS, on Michigan Avenue, the proposed canopy extends horizontally 5.92 feet into and 134.9 feet along the public right-of-way; and WHEREAS, at the intersection of Lincoln Road and Michigan Avenue, the proposed canopy extends up to 6 feet into and 21 feet radially along the public right-of-way; and WHEREAS, the proposed concrete eyebrow will extend horizontally 6 feet into the public right-of-way along both Lincoln Road and Michigan Avenue; and WHEREAS, the Applicant has submitted an application requesting a Revocable Permit for the canopy and eyebrow; and WHEREAS, pursuant to Section 82-93, following submittal of an application for a Revocable Permit to the Public Works Department, the City Administration shall review the request and prepare a recommendation, and the City Commission shall set a public hearing for consideration of the proposed Revocable Permit. 277 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 set a public hearing to consider a Revocable Permit request by the Ungar-Marshall Company to permit two encroachments into the rights-of-way adjacent to the retail property located at 1100 Lincoln Road (The Gap Store): 1) A proposed metal canopy with horizontal dimensions not to exceed five feet eleven inches (5'-11 ") along Michigan Avenue, six feet (6') along Lincoln Road Mall, and ten feet four inches (1 0'-4") above the sidewalk; and 2) A proposed concrete eyebrow, having horizontal dimensions not to exceed a length of 6 feet (6") along Lincoln Road and Michigan Avenue, at a height of approximately 30 feet (30'-00") above the sidewalk. PASSED and ADOPTED this 17th day of April, 2013. ATTEST: Matti Herrera Bower, Mayor Rafael Granado, City Clerk T:\AGENDAI2013\Aprii17\1001Lincoln Road Revocable Permit-Reso.doc 278 COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and adopting the new Local Housing Assistance Plan (LHAP) for the State Housing Initiatives Partnership (SHIP) Program for fiscal years 2013/14, 2014/15, and 2015/16; authorizing execution of the necessary certifications; authorizing submission of the LHAP to the Florida Housing Finance Corporation for review and approval; authorizing the appropriation of the allocated SHIP funds for FY 2013/14 2014/15, and 2015/16, and any accrued interest thereon, for eligible program activities. Key Intended Outcome Supported: Increase access to workforce or affordable housing. Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community Satisfaction Survey, 34% of respondents find the availability of affordable housing to be the most important business challenge for Miami Beach; trending up from 18% of respondents in the 2009 survey. the new LHAP draft for submission to the State and authorize the appropriation of any funding ceived from the State for use in eli ible ro ram activities. Item Summary/Recommendation: Communities that receive SHIP funds, such as the City of Miami Beach, are required to produce and file with the State of Florida, a Local Housing Assistance Plan (LHAP) which governs each community's use of SHIP funds. The LHAP delineates the strategies that will be employed to increase the availability of affordable housing for income-eligible residents within the jurisdiction. A new LHAP must be filed every three years. On April 14, 2010, the City approved Resolution 2010-27370 adopting the current LHAP for State fiscal years 2010/11 through 2012/13. The State now requires that a new LHAP for fiscal years 2013/14, 2014/15 and 2015/16 be submitted by May 2, 2013. The City's SHIP funds allocation has declined significantly in the past five (5) years. Given the current uncertainty of funding, the new LHAP is designed to reduce and simplify the number of strategies and to address those strategies that have the greatest demand; while at the same time preparing for the possibility that State funds allocations return to the levels that the City received prior to FY 2009/2010. As such, the new LHAP will provide for the use of SHIP funds utilizing the following strategies: Owner-occupied Housing Rehabilitation, Disaster Mitigation Recovery (Required by the State), New Construction for Homeownership, Down Payment/Closing Cost and Rehabilitation, and Rental Housing Development. The Administration recommends approval of the attached LHAP for State fiscal years 2013/2014, 2014/2015, and 2015/2016; authorizing execution of the necessary certifications by the Mayor and City Clerk; authorizing submission of the Local Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation; further, authorizing the appropriation of SHIP Program funds for fiscal years 2013/2014, 2014/2015, and 2015/2016, for the final allocation amount, as adjusted by the Florida Housing Finance Corporation; and authorizing the appropriation of any interest accrued thereon, for eligible activities under the rules of the SHIP Program. Advisory Board Recommendation: IN/A Financial Information: Source of Funds: Amount 1 NA 2 OBPI Financial Impact Summary: 'slative Trackin Department Director AP ______ _ MAS T:\AGENDA\2013\April 17\LHAPSummary4-17 -2013final lA IBE H 279 Account AGENDA ITEM DATE Approved r 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 M Jimmy L. Morales, City Manager April17, 2013 A RESOLUTION OF THE MA OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE CITY OF MIAMI BEACH LOCAL HOUSING ASSISTANCE PLAN (LHAP) FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM FOR FISCAL YEARS 2013/2014, 2014/2015, AND 2015/2016, AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079; AUTHORIZING EXECUTION OF THE NECESSARY CERTIFICATIONS BY THE MAYOR AND THE CITY CLERK; AUTHORIZING SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN TO THE FLORIDA HOUSING FINANCE CORPORATION FOR ITS REVIEW AND APPROVAL; AUTHORIZING THE APPROPRIATION OF SHIP PROGRAM FUNDS FOR FISCAL YEARS 2013/2014, 2014/2015 AND 2015/2016 IN AMOUNTS TO BE DETERMINED BY THE STATE OF FLORIDA OR SUCH FINAL ALLOCATION AMOUNTS AS ADJUSTED BY THE FLORIDA HOUSING FINANCE CORPORATION; AND AUTHORIZING THE APPROPRIATION OF ANY INTEREST ACCRUED THEREON FOR ELIGIBLE ACTIVITIES UNDER THE SHIP PROGRAM RULES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The State Housing Initiatives Partnership program (SHIP), administered through the Florida Housing Finance Corporation (FHFC) was established in 1992 by the William E. Sadowski Affordable Housing Act to stimulate the production of affordable housing statewide. SHIP program funds are derived from documentary stamp levies on real estate transactions, and held in the SHIP Program Trust Fund. Annually, FHFC allocates SHIP program funds among participating jurisdictions on a formula basis. SHIP program funds serve to increase access to affordable housing for income-eligible participants whose income does not exceed 120% of the Area Median Income. 280 City Commission Memorandum Local Housing Assistance Plan April17, 2013 Page 2 of 3 Entitlement communities that receive SHIP funds, such as the City of Miami Beach, are required to produce and file with the State of Florida. A Local Housing Assistance Plan (LHAP) which governs each community's use of SHIP funds. A new LHAP must be filed every three years. The LHAP delineates the strategies that will be employed to increase the availability of affordable housing for income-eligible residents within the jurisdiction. On April 14, 2010, the City approved Resolution 2010-27370 adopting a Local Housing Assistance Plan (LHAP) for State fiscal years 2010/11 through 2012/13, replacing the previous plan that was in place for FY 2007/2008, 2008/2009, and 2009/2010. This current plan provides for the use of SHIP funds utilizing several assistance strategies including: owner-occupied rehabilitation, disaster mitigation, new housing construction, down payment/ closing cost assistance, multi-family building rehabilitation, workforce housing, and foreclosure prevention. Per SHIP program guidelines, the funds must be allocated as follows: • At least 75% of the overall funds must be used for construction, rehabilitation or emergency repairs of affordable, eligible housing; • At least 65% of the overall funds must be used for homeownership activities (first-time homebuyer activities or owner-occupied rehabilitation projects) • At least 30% of the overall funds must be reserved for activities that benefit low-income households; • At least 30% of the overall funds must be reserved for activities that benefit very-low income households. The City's SHIP annual allocation has declined significantly in the past five (5) years. In FY 2008/2009 we received $57 4,211; in FY 2009/2010 we received $43,691; in FY 2010/2011 we received no funding; in FY 2011/2012 we received$ 42,524; and in the current FY2012/2013, we received $21,895. During the economic recession the City's allocation declined because of the reduction in documentary stamp collections which was, in turn, a result of declining property sales transactions. There is much ongoing debate about the funding for the SHIP Program, and whether or not the SHIP Trust fund proceeds will be swept into the State's general fund. Therefore, it is difficult to forecast future allocations. However, the proposed LHAP will determine strategies to be employed for use of SHIP funding, if any, for FY 2013/2014, 2014/2015, and 2015/2016. It is relevant to note that the State legislature is currently considering the use of funding allocated to Florida from the National Mortgage Settlement, a $32 billion settlement with five of the nation's largest loan servicers. Proposals are being discussed to utilize Florida's portion ($200 million) for down payment assistance, residential rehabilitation, and other programs for low income persons. In the event that Miami Beach receives an entitlement allocation from the National Mortgage Settlement, it is possible that the LHAP strategies will be applicable to the use of this new funding source. ANALYSIS The State requires that a new LHAP for fiscal years 2013/14, 2014/15 and 2015/16 be submitted by May 2, 2013, utilizing the format required by the FHFC. Attachment 1 is the proposed new Local Housing Assistance Plan. Attachment 2 is a red-line version of the existing FY 2010/11, 281 City Commission Memorandum Local Housing Assistance Plan April17, 2013 Page 3 of 3 2011/12, and 2012/2013 LHAP (approved at the April 14, 2010 City Commission meeting) with edits showing the recommended updates. Staff has updated information where required by the SHIP rules, has deleted information that is obsolete or unnecessary, and has simply clarified information in some areas. The proposed new LHAP is designed to reduce and simplify the number of strategies and to address those strategies that have the greatest demand; while at the same time preparing for the possibility that State funds allocations return to the levels that the City received prior to FY 2009/2010. As such, the new LHAP will provide for the use of SHIP funds utilizing the following strategies: A. Owner-occupied Housing Rehabilitation B. Disaster Mitigation Recovery (Required by the State) C. New Construction for Homeownership D. Down Payment/Closing Cost and Rehabilitation E. Rental Housing Development CONCLUSION The City has been a SHIP Program participant since 1995. City staff works closely with the FHFC technical staff in monitoring the SHIP program to maintain compliance with rules and regulations established by the State of Florida. A new Local Housing Assistance Plan is due to be filed with the State of Florida by May 2, 2013. The Administration recommends approval and adoption of the attached Local Housing Assistance Plan for State fiscal years 2013/2014, 2014/2015, and 2015/2016, as required by the State Housing Initiatives Program Act, Subsections 420.907-420.9079. /BG/ARB T:\AGENDA\2013\April 17\LHAPMemo4-17-2013final.doc 282 RESOLUTION NO. ------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE CITY OF MIAMI BEACH LOCAL HOUSING ASSISTANCE PLAN (LHAP) FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM FOR FISCAL YEARS 2013/2014, 2014/2015, AND 2015/2016, AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907 -420.9079; AUTHORIZING EXECUTION OF THE NECESSARY CERTIFICATIONS BY THE MAYOR AND THE CITY CLERK; AUTHORIZING SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN TO THE FLORIDA HOUSING FINANCE CORPORATION FOR ITS REVIEW AND APPROVAL; AUTHORIZING THE APPROPRIATION OF SHIP PROGRAM FUNDS FOR FISCAL YEARS 2013/2014, 2014/2015 AND 2015/2016 IN AMOUNTS TO BE DETERMINED BY THE STATE OF FLORIDA OR SUCH FINAL ALLOCATION AMOUNTS AS ADJUSTED BY THE FLORIDA HOUSING FINANCE CORPORATION; AND AUTHORIZING THE APPROPRIATION OF ANY INTEREST ACCRUED THEREON FOR ELIGIBLE ACTIVITIES UNDER THE SHIP PROGRAM RULES. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one-to three-year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; The methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, as required by section 420.9075, F.S., it is found that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. 283 WHEREAS, on April 10, 2010, pursuant to Resolution No. 2010-27370, the Mayor and City Commission approved and adopted a City of Miami Beach Housing Assistance Plan for Fiscal Years 2010/2011, 2011/2012 and 2012/2013, pursuant to the requirements of the Act and the SHIP Program Rule, issued by the Florida Housing Finance Corporation; and WHEREAS, the Administration has prepared a new Local Housing Assistance Plan, as attached to this Resolution, for Fiscal Years 2013/2014, 2014/2015 and 2015/2016, in order to qualify to receive annual allocations of SHIP Program funds for eligible housing activities; and WHEREAS, this Resolution authorizes the appropriation of SHIP Program funds for Fiscal Year 2013/2014, 2014/2015 and 2015/2016 in amounts to be determined by the State; or such final allocation amounts, as adjusted by the Florida Housing Finance Corporation; and authorizes the appropriation of any interest accrued thereon, for eligible activities under the SHIP Program Rule. 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 adopt the Local Housing Assistance Plan (LHAP) for the State Housing Initiatives Partnership (SHIP) Program for Fiscal Years 2013/2014, 2014/2015 and 2015/2016, as required by the State Housing Initiatives Partnership Program Act, Subsections 420.907 -420.9079; authorize the execution of the necessary certifications by the Mayor and the City Clerk; authorize submission of the Local Housing Assistance Plan to the Florida Housing Finance Corporation for its review and approval; authorize the appropriation of SHIP Program funds for Fiscal Years 2013/2014, 2014/2015 and 2015/2016 in amounts to be determined by the State of Florida or such final allocation amounts as adjusted by the Florida Housing Finance Corporation; and authorize the appropriation of any interest accrued thereon for eligible activities under the SHIP Program Rules. Passed and adopted this __ day of---------' 2013. ATTEST: CITY CLERK T:\AGENDA\2013\Aprii17\LHAPResolution4-17 -2013final.doc 284 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ 4\3\\) Date SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL YEARS COVERED 2013/2014, 2014/2015 and 2015/2016 Prepared by: City of Miami Beach Office of Real Estate, Housing & Community Development 1700 Convention Center Drive Miami Beach, Florida 33139 285 Table of Contents Program Description A. Name of Participating Local Government B. Purpose of Program C. Fiscal Years Covered by LHAP D. Governance E. Local Housing Partnership F. Leveraging G. Public Input H. Advertising and Outreach I. Discrimination J. Support Services and Counseling K. Purchase Price Limits L. Income Limits, Rent Limits, and Affordability M. Welfare Transition Program N. Monitoring and First Right of Refusal 0. Administrative Budget P. Program Administration Q. Essential Service Personnel R. Initiatives for Green Building Design and Techniques LHAP Housing Strategies A. Housing Rehabilitation B. Disaster Mitigation Recovery C. New Construction D. Down Payment/Closing Cost and Rehabilitation E. Rental Housing Development LHAP Incentive Strategies Exhibits A. Administrative Budget B. Timelines by Program Year C. Housing Delivery Goals Chart by Program Year D. Certification E. Adopting Resolution F. Program Information Sheet 286 3 9 15 16 -2- I. PROGRAM DESCRIPTION: A. Name of the Participating Local Government and lnterlocal (if Applicable): CITY OF MIAMI BEACH lnterlocal: Yes __ _ No X B. Purpose of the Program: Creation of the Plan is for the purpose of meeting the housing needs of very low, low, and moderate-income households; to expand production of and preserve affordable housing; and to further the housing element of the Miami Beach Comprehensive Plan specific to affordable housing. C. Fiscal years covered by the Plan: 2013/2014 2014/2015 2015/2016 D. Governance: The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37 Florida Administrative Code. The SHIP Program does further the housing element of the City of Miami Beach Comprehensive Plan. Cities and Counties must at all times be in compliance with these applicable statutes and rules. E. Local Housing Partnership: SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low- income persons and community groups. The City of Miami Beach works closely with its designated Community Housing Development Organization (CHDO) in its efforts to expand affordable housing opportunities. F. Leveraging: The Plans are intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. 287 The City of Miami Beach is an Entitlement Community which receives HOME and CDBG funds from the U.S. Department of Housing and Urban Development (HUD) that will be used, in combination with other local funds, to leverage SHIP funds to increase affordable housing opportunities and reduce the cost of housing in the City. G. Public Input: Public input was solicited through face to face meetings with housing providers, social service providers, local lenders and neighborhood associations through public meetings. Public input was solicited through the local newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability (NOFA)/Request for Applications (RFA), as appropriate. H. Advertising and Outreach: The City advertises the notice of funding availability for SHIP funds in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. I. Discrimination: In accordance with the prov1s1ons of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. J. Support Services and Counseling: Support services are available from various sources. Available support services may include, but are not limited to: • Homeownership counseling (pre and post) • Credit counseling • Legal counseling • Tenant counseling • Fair housing Note: All sponsors receiving SHIP Program funds will be required to offer Home Ownership Training to prospective homebuyers. Such training will assist and prepare homebuyers for the acquisition and ownership of a home. Counseling services will be provided on a group and individual basis covering the following topics: the home buying process; finding money for a down-payment; dealing with financial crisis; how to set up a budget; the importance of good credit; dispute resolution; and how to maintain a home. Home Ownership Training must meet the standards set by U.S. HUD. -4- 288 K. Purchase Price Limits: Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units can be lower, but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or any other independent study. The methodology used is: __ Independent Study (copy attached) __ U.S. Treasury Department X Bond Study Numbers provided by Florida Housing Finance Corporation The purchase price limit for new and existing homes: $391,153 L Income Limits, Rent Limits, and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Income eligibility will be defined as follows: Very Low Income (up to 50% AMI), Low Income (up to 80% AMI), and Moderate Income (up to 120% AMI). Affordable, means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and, in the case of rental housing, does not exceed those rental limits adjusted for bedroom size. M. Welfare Transition Program: The City has developed a qualification system and selection criteria for applications for awards to eligible sponsors, which includes a description that demonstrates how eligible sponsors that employed personnel from the Welfare Transition Program will be given preference in the selection process. -5- 289 N. Monitoring and First Right of Refusal: In the case of rental housing, the staff or entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant, in the original amount of $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored at least annually for 15 years or the term of assistance, whichever is longer. Eligible sponsors that offer rental housing for sale before 15 years or that have other remaining mortgages funded under the SHIP Program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. 0. Administrative Budget: A detailed listing including line-item budget of proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted. The City finds that the monies deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. In accordance with Chapter 67-37, Florida Administrative Code, the cost of administering the plan does not exceed 5 percent of the local housing distribution monies and program income deposited into the trust fund. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 1 0 percent of program income for administrative costs. The City of Miami Beach has adopted the above findings in the attached Resolution, Exhibit E. P. Program Administration: Administration of the Local Housing Assistance Plan is the responsibility of the City of Miami Beach. The Office of Real Estate, Housing & Community Development is the City department responsible for carrying out the strategies under the SHIP Local Housing Assistance Plan. -6- 290 The City may use a sponsor to carry out program activities. In order to identify a sponsor, the City will issue a Competitive Notice of Funding Availability, (NOFA) or Request for Applications (RFA) to solicit administrative services from not-for- profit and for-profit builders/developers to participate in the program. Through this process, the City will ascertain the highest and best use of the funds in accordance with the guidelines outlined in this Plan. Selection criteria will include, but may not be limited to: (1) Experience in providing strong construction management practices, quality workmanship, and quality materials (2) Experience in performing all applicant selection and income certification processes in accordance with local, state, and federal regulations (3) Experience in government reporting compliance (4) Total project cost (5) Total number of units (6) Leveraging (7) Experience in providing homeowners with HUD-Certified Homeownership Training/Counseling (8) Preference will be given to eligible sponsors that employ staff from the Welfare Transition Program The Office of Real Estate, Housing and Community Development will review all responses to the NOFA/RFA to ensure compliance with the outlined requirements; as well as compliance with Florida Statutes and Administrative Code, the SHIP Ordinance, Resolutions and this Plan. All eligible applications will be submitted to the City's Loan Review Committee. The Committee will review all applications in accordance with the criteria as outlined in the NOFA/RFA. Q. Essential Service Personnel In accordance with Rule Chapter 67-37.002(8) F.A.C. and Chapter 67- 37.005(8), F.A.C. and Section 420.9075(3)(a) FS, "Essential Service Personnel" are defined as income-eligible employees of Miami Beach businesses and organizations in the following industries: - 7 - 291 a. Accommodations and Food Services (including arts, entertainment and recreation); b. Retail Trade; c. Public Administration (including City of Miami Beach employees); d. Health Care; and e. Education (including public school district employees). R. Initiatives for Green Building Design and Techniques In accordance with Section 420.9075(3)(d) the City of Miami Beach is committed to making the housing stock more energy efficient. Therefore the City will require the use of the following features when economically feasible in the rehabilitation or constructing of homes: a. Water conserving appliances and fixtures (toilets, showerheads, faucets) b. Energy Star appliances c. Efficient lighting on both interior and exterior d. Upgrading of insulation materials (attics, walls, roofing) e. Tankless water heaters f. Air conditioning with higher SEER rating 292 II. LHAP HOUSING STRATEGIES: A. Housing Rehabilitation: a. Summary of the Strategy: Rehabilitation of single family, owner- occupied housing. The Program will provide rehabilitation assistance to very low, low, and moderate-income owner-occupied single family housing located within the corporate limits of the City of Miami Beach. Up to fifty (50) percent of the funds will be targeted to assist Program participants who are Essential Service Personnel, as defined on Section I (Q) of this Plan. If the demand for assistance from this target population is not sufficient to fully utilize these funds, the balance of the funds will be used to assist participants who are not from the target group. "Rehabilitation" will be defined as repairs or improvements that are needed for safe or sanitary habitation, correction of substantial code violations, or the creation of additional living space. Housing rehabilitated with SHIP funds must meet all applicable local codes, rehabilitation standards and ordinances, including, but not limited to, Florida Building Code, Miami-Dade County Building Code, and City of Miami Beach Building Code. Additionally, all projects must comply with all other applicable laws, rules and regulations. b. Fiscal Years Covered: 2013/2014, 2014/2015 and 2015/2016 c. Income Categories to be served: Eligible persons/households that are very low, low, or moderate income. See also Section I (L) of this Plan. d. Maximum award as noted on the Housing Delivery Goals Charts: $40,000 e. Terms, Recapture and Default: Fifteen (15) year deferred, forgivable loan, at zero percent (0%) interest. The loan will be forgiven at the end of the term. Full balance due if property is sold, rented, refinanced or the property fails to be the owner's primary residence during the fifteen year term. Notwithstanding the previous restrictions, the owner shall be allowed to refinance without being subject to the provisions set forth therein, so long as the amount of the refinancing does not exceed the then outstanding balance of the first mortgage. Subordination will only be approved if the refinancing will lower the current mortgage payment and/or interest rate. -9- 293 The City's interests will be secured through the execution of a mortgage and note as well as a Restrictive Covenant delineating the recapture period and terms. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first come, first ready basis. g. Sponsor Selection Criteria: See Section I (P) of this Plan. h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. B. Disaster Mitigation Recovery: a. Summary of the Strategy: Emergency Assistance to eligible households after the occurrence of a natural disaster declared by Executive Order (President of the United States or Governor of the State of Florida). In the event of a natural disaster, the City will commit available unencumbered SHIP funds, as well as other disaster funds that may become available through the Florida Housing Finance Corporation or any other emergency funding sources. Disaster funds may be used for, but not limited to, the following: 1) Purchase of emergency supplies; weatherproofing a damaged home; 2) Interim repairs to prevent further damage; tree and debris removal to make the housing unit habitable; 3) Payment of insurance deductibles for rehabilitation of homes covered under homeowners' insurance policies; and 4) Other activities as proposed by the Federal Government, counties and eligible municipalities and approved by Florida Housing Finance Corporation. b. Fiscal Years Covered: 2013/2014. 2014/2015 and 2015/2016 c. Income Categories to be served: Eligible persons/households that are very low, low, or moderate income. See also Section I (L) of this Plan. d. Maximum award as noted on the Housing Delivery Goals Charts: $40,000 -10- 294 e. Terms, Recapture and Default: Fifteen (15) year deferred, forgivable loan, at zero percent (0%) interest. The loan will be forgiven at the end of the term. Full balance due if property is sold, rented, refinanced or the property fails to be the owner's primary residence during the fifteen year term. Notwithstanding the previous restrictions, the owner shall be allowed to refinance without being subject to the provisions set forth therein so long as the amount of the refinancing does not exceed the then outstanding balance of the first mortgage. Subordination will only be approved if the refinancing will lower the current mortgage payment and/or interest rate. The City's interests will be secured through the execution of a mortgage and note as well as a Restrictive Covenant delineating the recapture period and terms. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first come, first ready basis. g. Sponsor Selection Criteria: See Section I (P) of this Plan. h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. C. New Construction: a. Summary of the Strategy: To develop homeownership opportunities to assist eligible buyers to purchase affordable housing in Miami Beach. Funds will be provided to developers to be used to finance the costs associated with site development, and hard and soft construction costs. b. Fiscal Years Covered: 2013/2014, 2014/2015 and 2015/2016 c. Income Categories to be served: Eligible persons/households that are very low, low, or moderate income. See Section I (L) of this Plan. d. Maximum award is noted on the Housing Delivery Goals Charts: $40,000 e. Terms, Recapture and Default. Deferred payment, zero percent (0%) interest, construction loan to the developer. No payments will be required during the construction phase. Once construction is completed and the unit(s) is sold the SHIP subsidy will be passed on to the new homeowner -11 - 295 in the form of a fifteen (15) year deferred, forgivable loan, at zero percent (0%) interest. The loan will be forgiven at the end of the term. Full balance due if property is sold, rented, refinanced or the property fails to be the owner's primary residence during the fifteen year term. Notwithstanding the previous restrictions, the owner shall be allowed to refinance without being subject to the provisions set forth therein so long as the amount of the refinancing does not exceed the then outstanding balance of the first mortgage. Subordination will only be approved if the refinancing will lower the current mortgage payment and/or interest rate. The City's interests will be secured through the execution of a mortgage and note as well as a Restrictive Covenant delineating the recapture period and terms. f. Recipient Selection Criteria: All recipients of assistance must meet the eligibility requirements as stipulated in the applicable Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first come, first ready basis. g. Sponsor Selection Criteria: See Section I (P). h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. D. Down Payment/Closing Costs and Rehabilitation: a. Summary of the Strategy: Down payment, closing cost and rehabilitation assistance for the purchase of new or existing housing, and the rehabilitation of those properties, for first-time homebuyers. A first- time homebuyer is defined as a purchaser that has not owned a home in at least the last three years. b. Fiscal Years Covered: 2013/2014,2014/2015 and 2015/2016 c. Income Categories to be served: Eligible persons/households that are very low, low or moderate income. See Section I (L). d. Maximum award is noted on the Housing Delivery Goals Charts: $60,000 for Very Low and Low-Income Persons and $40,000 for Moderate Income Persons e. Terms, Recapture and Default: Fifteen (15) year deferred, forgivable loan, at zero percent (0%) interest. The loan will be forgiven at the end of the term. Full balance due if property is sold, rented, refinanced or the -12- 296 property fails to be the owner's primary residence during the fifteen year term. Notwithstanding the previous restrictions, the owner shall be allowed to refinance without being subject to the provisions set forth therein so long as the amount of the refinancing does not exceed the then outstanding balance of the first mortgage. Subordination will only be approved if the refinancing will lower the current mortgage payment and/or interest rate. Additionally, if the unit is sold prior to the extinction of the affordability period, part of the equity produced by the sale shall be reimbursed to the City as follows: If the unit is sold between the first and the tenth year, 50% of the ~rofit shall be paid to the City; if the unit is sold between the 11th and 15 h year, 25% of the profit shall be paid to the City. The City's interests will be secured through the execution of a mortgage and note as well as a Restrictive Covenant delineating the recapture period and terms. f. Recipient Selection Criteria: All recipients of assistance must meet the eligibility requirements as stipulated in the applicable Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first come, first ready basis. g. Sponsor Selection Criteria: See Section I (P) of this Plan. h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Eligible housing must be located within the corporate limits of the City of Miami Beach. E. Rental Housing Development: a. Summary of the Strategy: To develop rental opportunities for eligible renters to rent affordable units in Miami Beach. Funds will be provided to developers to be used to finance the costs associated with hard and soft rehabilitation costs of rehabilitating vacant multi-family buildings. b. Fiscal Years Covered: 2013/2014, 2014/2015 and 2015/2016 c. Income Categories to be served: Eligible persons/households that are very low, low or moderate income. See Section I (L) of this Plan. d. Maximum award is noted on the Housing Delivery Goals Charts: $40,000 -13- 297 e. Terms, Recapture and Default: A Thirty (30) year deferred payment loan at 0% interest. Full balance of the SHIP subsidy will be due if the property is sold or transferred, or the property fails to be used for affordable housing during the thirty year term. The City may impose a reverter provision at the end of the term if it is found to be in the best interest of City to maintain the affordable housing beyond the affordability period, if the recipient decides to convert the rental development to all market rate development. The reverter clause will not be used if the recipient volunteers to keep a negotiated percentage of the units affordable to very low, low and moderate-income households. Additionally, if the building is sold after the tenth year of the affordability period but prior to the extinction of the affordability period, in addition to the full repayment of the SHIP loan, part of the equity produced by the sale shall also be reimbursed to the City as follows: If the property is sold between the eleventh and twentieth year, 50% of the profit shall be paid to the City; if the property is sold between the twenty-first and thirtieth year, 30% of the profit. The City's interests will be secured through the execution of a mortgage and note as well as a Restrictive Covenant delineating the affordability period and terms. f. Recipient Selection Criteria: All recipients of assistance must meet the eligibility requirements as stipulated in the applicable Florida Statutes, SHIP Rule, and this Plan. g. Sponsor Selection Criteria: See Section I (P) of this Plan. h. Additional Information: Assisted properties must be located within the City of Miami Beach corporate limits. -14- 298 Ill. LHAP INCENTIVE STRATEGIES A. Name of the Strategy: Expedited Permitting Permits as defined ins. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. a. Established policy and procedures: This incentive gives priority to designated affordable housing projects when scheduling pre-design conferences with relevant City agencies including, but not limited to: Fire, Planning and Zoning, Building, Historic Preservation, and the Office of Real Estate, Housing and Community Development. Also, when the plans are ready for permitting, first priority is given; further, the City has developed a form to identify the projects reviewed by the Office of Real Estate, Housing & Community Development. The incentive was enacted by administrative action on February, 1997. B. Name of the Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption. a. Established policy and procedures: Prior to the adoption of any proposed policy, procedure, ordinance, development plan, regulation, or Comprehensive Plan amendment that might impact housing, the City evaluates its potential effect and cost on affordable housing through the Director of the Office of Real Estate, Housing & Community Development. The Office of Real Estate, Housing and Community Development may present proposed legislation to applicable City boards and committees for their review as they may impact housing. The incentive was enacted by administrative action on February 1997. -15- 299 Exhibit A ADMINISTRATIVE BUDGET 300 -16- ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Cit of Miami Beach Estimated Allocation for Calculatin Fiscal Year 2013/2014 Salaries and Benefits Office Supplies and Equipment Travel Advertising Other al Workshops, etc Fiscal Year 4/2015 67-37 .005(1 ), Effective Date: 11/09 $21 $2,1 $0 $0 $0 $0 $2,189 Salaries and Benefits $2,189 Office Supplies and Equipment $0 Travel Perdiem Workshops, etc $0 Advertising $0 Other $0 ------------------------------------------~ Fiscal Year 5/2016 Salaries and Benefits Office Supplies and Equipment Travel Perdiem Workshops, etc Advertising Other Total EXHIBIT A 301 $2,189 $2,189 Exhibit B TIMELINE 302 -17- w 0 w I I I I ill I £ TI I I * I I I ~ ~ I I ~ I I ill£ rn >< :X:: e;z ..-1 o::l Dimctions: TIMETABLE FOR STATE FISCAl YEAR 2013/2015 Name of Local Government City of Miami Beach Type in the applicable years •"""" the top line. list Program Activities down left hand side. Type In an "X" on applicable activity line under month and year the activity Wl11 be lnlllated or completed. At a minimum the following ac!MiliiiS should be Included: 1) Atlvertisla availabilily of funds and applica1km period Z) Encumlmmce of funds 112 months following end of State Fiscal Year) 3) Expenditure of funds ('24 months following end of state Fiscal Year'). 4) Submit Annual Report to FHFC (September 15th) 6'1·31Jlll5{!), f.A.C EffetHvt' D~te:: ~ 1 tt'!'9 I I & B' & I II M i .... ~""'="~'*'"'"""'""="""""'-~-·· w;.=,Fu/////N:-wu///////#~='%..w'.d~;::;:.:W'.&0f..&"_.@.&if_dgy--gzf.©i-frtiiiV#I.J4f%&..£0t"iill%ilf_d_if~~ Exhibit C HOUSING DELIVERY GOALS -18- 304 w 0 CJ1 I ~ ~ I ill I ® ~ I ll! I I ll! I I II II I I I I I C":) CORPORATION 1'# V-i: td hi m lW I I rg I I I I I I ~ I II I I I ~ I 1 I I EXHIBIT C PAGE 2 306 EXHIBIT C PAGE 3 307 Exhibit D CERTIFICATION PAGE 308 -19 - 67-37.005(1), F.A.C. FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: City of Miami Beach (1) The local gmrenmnem will adverti~e the availability of SHIP funds, if available, pursuant to Florida Statutes. (2) AU SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis creed, religion, color, sex, familial or marital status, handicap, or national origin. (3) for selection of recipients for funds has been developed. ( 4) The eligible municipality or county has developed a qualification system for applications for assistance. (6) The Florida Housing Finance Corporation will be notified promptly if, at any time, local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure SHIP funds within months following end State fiscal year in which they are (8) The plan conforms to the Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure with·the Local Housing Plan. (9) Amendments and Technical Revisions to the approved Local Housing Assistance Plan shall be provided to the Corporation within 21 days after adoption. (1 0) The trust shaH be established with a qualified depository for all funds as well as moneys generated activities as program income. (1 Amounts on deposit in local housing assistance trust fund shall invested as permitted by law. ( 12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local goverl!1Inents audited fmancial statements, copies of the audits will be forwarded to the Corporation by June of each calendar year. EXHIBIT D 309 67-37.005(1), F.A.C. 13) An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, the audit forwarded to the Corporation by June 30. (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) receiving assistance from both SHIP and the Low Income Housing Tax (LIHTC) Program shall comply with the income, affordability and other LIHTC requifements. Similarly, an:y units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, loans or loans that extend beyond 30 years which continue to for deferred payment eligible persons. (17) Rental units constructed or rehabilitated with SHIP funds shall be monitored annually for (1 for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) The Plan meets the requirements of Section 420-907-9079 and how each ofthose requirements shall be met. and Rule Chapter 67-37 FAC, (19) provisions of Chapter Laws of Florida has not been implemented. (except for Miami Dade County) Witness Witness Date Attest: (Seal) Matti Herrera-Bower, Mayor Type Name and Title 2 310 Exhibit E ADOPTING RESOLUTION 311 -20- ADOPTING RESOLUTION EXHIBIT E 312 City of Miami Beach LHAr Exhibit F PROGRAM INFORMATION SHEET -21 - 313 67-37.005(1), F.A.C. STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM INFORlYJATION SHEET PROGRAM The following information must be to the Corporation before any funds can be Local Government I City of Miami Beach Chief Elected. Official i Matti Herrera-Bower, Mayor Address 1700 Convention Center Drive, Miami Beach, FL 33139 SHIP Administrator Anna Parekh Address LI700 Convention Center Drive, Miami Beach, FL 33139 : Telephone 1305-673-7260 EMAIL annaparekh@miamibeachfl.gov Alternate SliP Contact Richard Bowman Telephone 305-673-7260, ext 6893 EMAIL richardbowman@miamibeachfl.gov Interlocal Agr.,.,JLI • .,... (l.ist other local NA governments in interlocal) Local Government Employer Federal ID # 59-6000372 Disbursement (Ust bank account No Change information if changed from previous) Other Information """"' Please attach this form as Exhibit F and submit along with your completed LHAP. EXHIBIT F 314 SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL YEARS COVERED 201 0/2011 , 2011/2012 and 2012/2013 Prepared by: Office of Real Estate, Housing & Community Development Miami Beach City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 315 z. Table of Contents Program Description A. Name of Participating Local Government B. Purpose of the Program C. Fiscal Years Covered by LHAP D. Governance E. Local Housing Partnership F. Leveraging G. Public Input H. Advertising and Outreach I. Discrimination J. Support Services and Counseling K. Purchase Price Limits L. Income Limits, Rent Limits, and Affordability M. Welfare Transition Program N. Monitoring and First Right of Refusal 0. Administrative Budget P. Program Administration Q. Essential Service Personnel LHAP Housing Strategies A. Housing Rehabilitation B. New Construction C. Closing Costs and Down Payment D. Rehabilitation of Multi-family Buildings for Condominium Conversion E. Rental Housing Development F. Workforce Housing G. Foreclosure Prevention LHAP Incentive Strategies Expedited Permitting Ongoing Review Process Exhibits Administrative Budget Timelines by Program Year Housing Delivery Goals Chart by Program Year Certification to Florida Housing Finance Corporation Adopting Resolution Program Information Sheet 316 City of Miami Beach LHAP 3 8 19 22 -2- City of Miami Beach LHAP I. PROGRAM DESCRIPTION: A. Name of the Participating Local Government and lnterlocal (if Applicable): Section 420.9072 (5) Florida Statutes City of Miami Beach lnterlocal: Yes __ _ No X B. Purpose of the Program: Creation of the Plan is for the purpose of meeting the housing needs of the very low, low, and moderate income households; to expand production of and preserve affordable housing; and to further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: 4 5 6 D. Governance: Chapter67-37.005(3) and (S)(i)F.A.C .and Section 420.907.1(14)F.S. The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code. IP Cities and Counties must at all times be in compliance with applicable statutes and rules: Section 420.907-9079 F.S., and Chapter67- 37, F.A.C. E. Local Housing Partnership: Section 420.9072(1)(a), F.S. SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low- income persons and community groups. The City of Miami Beach works closely with its designated Community Housing Development Organization (CHDO), as well as other local groups involved in local housing activities, in the development of its Local Housing Assistance Plan. F. Leveraging: SHIF' Local Hous1ng Assistance :)lall 20"1 U -/01 ~; City of rvl1mni Beach 317 -3- City of Miami Beach LHAP The Plans are intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. The City of Miami Beach is an Entitlement Community which receives HOME and CDBG funds from the U.S. Department of Housing and Urban Development (HUD) that will be used, in combination with other local funds, to leverage SHIP funds and reduce the cost of housing in the City. G. Public Input: Public input was solicited through face to face meetings with housing providers, social service providers, local lenders and neighborhood associations through public meetings. Public input was solicited through the local newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability (NOFA)/Request , as appropriate. H. Advertising and Outreach The City advertises the Notice Of Funding Availability for SHIP funds in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no is a no is I. Discrimination: In accordance with the provisions of ss.760.20-760.37, it is e:F-i'iffi·arr~+--e~ffiR--e<3e£i-ne:t discriminate on the basis of race, creed, religion, color, age, sex, sexual orientation, marital status, familial status, national origin, or handicap in the award application process for eligible housing. J. Support Services and Counseling: Support services are available from various sources. Available support services may include, but are not limited to: • Homeownership counseling (pre and post) • Credit counseling ·Tenant counseling • Legal counseling 318 ~4- City of Miami Beach LHAP • Fair housing Note: All sponsors receiving SHIP Program funds will be required to offer Home Ownership Training to prospective homebuyers. Such training will assist and prepare homebuyers for the acquisition and ownership of a home. Counseling services will be provided on a group and individual basis covering the following topics: the home buying process; finding money for a down-payment; dealing with financial crisis; how to set up a budget; the importance of good credit; dispute resolution; and how to maintain a home. Home Ownership Training must meet the standards set by U.S. HUD. K. Purchase Price Limits: Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units can be lower, but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or any other independent study. The methodology used is: __ Independent Study (copy attached) __ U.S. Treasury Department X Bond Study Numbers provided by Florida Housing Finance Corporation The purchase price limit for new and existing homes: ~~~5?. .:I:.;::;.;::;_~= L. Income Limits, Rent Limits, and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Income Income 1), lncorne 1), Income 1 !). Affordable, means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and, in the case of rental housing, does not exceed those rental limits adjusted for bedroom size. -5- 319 City of Miami Beach LHAP M. Welfare Transition Program: The City has developed a qualification system and selection criteria for applications for awards to eligible sponsors, which includes a description that demonstrates how eligible sponsors that employed personnel from the Welfare Transition Program will be given preference in the selection process. N. Monitoring and First Right of Refusal: In the case of rental housing, the staff or entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant, in the original amount of $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored at least annually for 15 years or the term of assistance, whichever is longer. Eligible sponsors that offer rental housing for sale before 15 years or that have other remaining mortgages funded under the SHIP Program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. 0. Administrative Budget: A detailed listing including line-item budget of proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted. The City finds that the monies deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. In accordance with Chapter 67-37, Florida Administrative Code, the cost of administering the plan does not exceed 5 percent of the local housing distribution monies and program income deposited into the trust fund. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. The City of Miami Beach has adopted the above findings in the attached Resolution, Exhibit E. - 6 - 320 City of Miami Beach LHAP P. Program Administration: The City use a sponsor to carry out program activities. In order to identify a sponsor, the City will issue a Competitive Notice of Funding Availability (NOFA) or a for various not-for-profit and for-profit builders/developers to participate in the program. Through the NOFA process, the City will ascertain the highest and best use of the funds in accordance with the guidelines outlined in this Plan. Selection criteria will include, but may not be limited to: strong construction management quality materials. (2) in all applicant selection and income certification processes in accordance with local, state, and federal regulations in (4) Total project cost (5) Total number of units (6) Leveraging (7) AB+HW4ta~f*tt€~~~~~9!¥itl4fffrf,€Hf!a!taHl~,efltle€1!1ra!+Eta (8) ~«H\r---~±:~f+:W~ homeowners with HU nefftt!-t!WHeRSH!D Training/Counseling - 7 - 321 II. City of Miami Beach LHAP The Office of Real Estate, Housing and Community Development will review all responses to the NOFA to ensure compliance with the requirements of the NOFA/RFA as well as ~~-i:H:rmt6ai~ Florida Statutes the SHIP Ordinance, Resolutions and this Plan. All eligible applications will be submitted to the City's Loan Review Committee. The Committee will review all applications in accordance with the criteria as outlined in the NOFA/RFA. with Rule Chapter 67-37.002(8) F.A.C. 67-37.005(8), Section 420.9075(3)(a), "Essential Personnel" are defined as income-eligible employees of Miami Beach businesses and organizations in the following industries: a. Accommodations Food (including arts, entertainment and recreation); Trade; c. Public Administration (including City of Miami employees); d. Care; and e. Education (including public school district employees). R. Initiatives for Green Building Design and Techniques NOTE: In the event preference is given to Essential SeNice Personnel, plan text must so state pursuant to Chapter 67-37.005(8), F.A. c. Description: SHIP Local Housing Assistance Plan 2010-2013 City of Miami Beach 322 -8 - City of Miami Beach LHAP a. Summary of the Strategy: Rehabilitation of single family, +fHl,{-HI~ H+:H++~ uurvt:<lr-B+ owner-occupied housing. The Program will provide rehabilitation assistance to very low, low, and moderate income owner occupied single family housing located within the corporate limits of the City of Miami Beach. Up to fifty (50) percent of the funds will be targeted to assist Program participants who are Essential Service Personnel, as defined on Section I (Q) of this Plan. If the demand for assistance from this target population is not sufficient to fully utilize these funds, the balance of the funds will be used to assist participants who are not from the target group. "Rehabilitation" will be defined as repairs or improvements that are needed for safe or sanitary habitation, correction of substantial code violations, or the creation of additional living space. Housing rehabilitated with SHIP funds must meet all applicable local codes, rehabilitation standards and ordinances, including, but not limited to, zoning ordinances. All projects must comply with the South Florida Building Code, Miami-Dade County Building Code, and City of Miami Beach Building Code. Additionally, all projects must comply with all other applicable laws, rules and regulations. 323 City of Miami Beach LHAP b. Fiscal Years Covered: ~+ld1-++~V+-+R~~~~.::+-~h:} 1 1 16 c. Income Categories to be served: Eligible persons/households that are very low, low, or moderate income. See also Section I (L) of this Plan. d. Maximum award as noted on the Housing Delivery Goals Charts: $40,000 e. Terms, Recapture and Default: Fifteen (15) years deferred payment loan at 0% interest. . Full balance due if property is sold, rented, refinanced or the property fails to be the primary residence during the fifteen year term. Notwithstanding the previous restrictions, the owner shall be allowed to refinance without being subject to the provisions set forth therein so long as the amount of the refinancing does not exceed the then outstanding balance of the first mortgage. Subordination will only be approved if the refinancing will lower the current mortgage payment and/or interest rate. The City's interests will be secured through the execution of a mortgage and note as well as a Restrictive Covenant delineating the recapture period and terms. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first come, first basis. g. Sponsor Selection Criteria: See Section I (P) of this Plan. h. Additional Information: Mobile homes and trailers are not eligible for this strategy. must be located within -10- 324 Description: B. City of Miami Beach LHAP Disaster Mitigation Recovery: a. Summary of the Strategy: Emergency Assistance to eligible b. households the occurrence of a natural disaster declared by Executive Order or -'"'"'''".'' In the event of a natural disaster a&-ee61aftffii--B-llf-H'le-'~ver:~F-----61f-----Efle au:H&~~*lB:a the City will commit all unencumbered SHIP funding available, as well as any other additional disaster funds that may become through the Florida Housing Finance Corporation or any other emergency funding sources. Disaster funds may be used, but not limited to, d&+ffi~rt:t 1) Purchase of emergency supplies; 2) Interim repairs to prevent further damage, tree and debris removal required to make the housing unit habitable; 3) Payment of insurance deductibles for rehabilitation of homes covered under homeowners' insurance policies; and 4) Other activities as proposed by the Federal Government, counties and eligible municipalities and approved by Florida Housing Finance Corporation. 1 1 c. Income Categories to be served: Eligible persons/households that are very low, low, or moderate income. See also Section I (L) of this Plan. d. Maximum award as noted on the Housing Delivery Goals Charts: $40,000 e. Terms, Recapture and Default: Fifteen (15) years deferred payment loan at 0% interest. . Full balance due if property is sold, rented, refinanced or the property fails to be the primary residence during the fifteen year term. Notwithstanding the previous restrictions, the owner shall be allowed to refinance without being subject to the provisions set forth therein so long as the amount of the refinancing does not exceed the then outstanding balance of the first mortgage. Subordination will only be approved if the refinancing will lower the current mortgage payment and/or interest rate. -11 - 325 The City's interests will be secured through the execution of a mortgage and note as well as a Restrictive Covenant delineating the recapture period and terms. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first come, first basis. g. Sponsor Selection Criteria: See Section I (P) of this Plan. h. Additional Information: Mobile homes and trailers are not eligible for this strategy. must be located within New Construction: a. Summary of the Strategy: To develop home ownership opportunities -12- 326 City of Miami Beach LHAP b. 1 1 1 1 16 c. Income Categories to be served: Eligible persons/households that are very low, low, or moderate income. See Section I (L) of this Plan. d. Maximum award is noted on the Housing Delivery Goals Charts: $40,000 e. Terms, Recapture and Default. Full balance due if property is sold, rented, refinanced or the property fails to be the primary residence during the fifteen years term. Notwithstanding the previous restrictions, the owner shall be allowed to refinance without being subject to the provisions set forth therein so long as the amount of the refinancing does not exceed the then outstanding balance of the first mortgage. Subordination will only be approved if the refinancing will lower the current mortgage payment and/or interest rate. The City's interests will be secured through the execution of a mortgage and note as well as a Restrictive Covenant delineating the recapture -13- 327 D. f. g. h. a. b. City of Miami Beach LHAP period and terms. Recipient Selection Criteria: All recipients of assistance must meet the eligibility requirements as stipulated in the applicable Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first come, first ready basis. Sponsor Selection Criteria: See Section I (P). Additional Information: this strategy. E-+Pat9ie-+te+::i*5+Ha Fiscal Years Covered: 1 1 16 c. Income Categories to be served: Eligible persons/households that are very low, low or moderate income. See Section I (L). d. Maximum award is noted on the Housing Delivery Goals Charts: $60,000 for Very Low and Low Income Persons and $40,000 for Moderate Income Persons e. Terms, Recapture and Default: Fifteen (15) years deferred payment -14- 328 City of Miami Beach LHAP loan at 0% interest. . Full balance due if property is sold, rented, refinanced or the property fails to be the primary residence during the 15-year term. Not withstanding the previous restrictions, the owner shall be allowed to refinance without being subject to the provisions set forth therein so long as the amount of the refinancing does not exceed the then outstanding balance of the first mortgage. Subordination will only be approved if the refinancing will lower the current mortgage payment and/or interest rate. Additionally, if the unit is sold prior to the extinction of the affordability period, part of the equity produced by the sale shall be reimbursed to the City as follows: If the unit is sold between the first and the tenth year, 50% of the ~rofit shall be paid to the City; if the unit is sold between the 11th and 15 h year, 25% of the profit shall be paid to the City. The City's interests will be secured through the execution of a mortgage and note as well as a Restrictive Covenant delineating the recapture period and terms. f. Recipient Selection Criteria: All recipients of assistance must meet the eligibility requirements as stipulated in the applicable Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first come, first basis. g. Sponsor Selection Criteria: See Section I (P) of this Plan. h. -15- 329 City of Miami Beach LHAP -16- 330 City of Miami Beach LHAP E. Rental Housing Development: a. Summary of the Strategy: ~~~**'am-'H:H=im>-Wi·J+Be-H**lte-EwamH}le -17- 331 City of Miami Beach LHAP b. Fiscal Years Covered: 1 1 1 16 c. Income Categories to be served: Eligible persons/households that are very low, low or moderate income. See Section I (L) of this Plan. d. Maximum award is noted on the Housing Delivery Goals Charts: $40,000 e. Terms, Recapture and Default: A Thirty (30) year deferred payment loan at 0% interest. Full balance of the SHIP subsidy will be due if the property is sold or transferred, or the property fails to be used for affordable housing during the thirty year term. The City may impose a reverter provision at the end of the term if it is found to be in the best interest of City to maintain the affordable housing beyond the affordability period, if the recipient decides to convert the rental development to all market rate development. The reverter clause will not be used if the recipient volunteers to keep a percentage of the units affordable to very low, low and moderate income households. Additionally, if the building is sold after the tenth year of the affordability -18- 332 City of Miami Beach LHAP period but prior to the extinction of the affordability period, in addition to the full repayment of the SHIP loan, part of the equity produced by the sale shall be also reimbursed to the City as follows: If the unit is sold between the eleventh and twentieth year, 50% of the profit shall be paid to the City; if the units is sold between the twenty-first and thirtieth year, 30% of the profit. The City's interests will be secured through the execution of a mortgage and note as well as a Restrictive Covenant delineating the affordability period and terms. f. Recipient Selection Criteria: All recipients of assistance must meet the eligibility requirements as stipulated in the applicable Florida Statutes, SHIP Rule, and this Plan. ~Hffi:ii±Hts1!\Mtt~-se~~HH:tl++~lfdtlt+HtHI'b+ g. Sponsor Selection Criteria: See Section I (P) of this Plan. h. Additional Information: located within me~)H}!:tFaJ:e!lfHJ'l:&-i:tt -19- 333 '/ ilf [ (•(';--:j f !CJ(!~ilJ'iti / '/ 01 [\Iii( !llli 1-S~-:;._lC;; ,:,-1,jl' l ]!:· • i II City of Miami Beach LHAP j i -20- 334 -21 - 335 City of Miami Beach LHAP g. lponGor loloction Criteria: See Section I (F?) of this F?lan. Ill. LHAP In addition Strategy A and Strategy B 420.9076(4) FS. below, list all incentives as provided in Expedited Permits as defined in Section 163.3164(7) and (8), F.S., for housing projects are to a degree than other a. incentive gives priority to oroleG[s when scheduling conferences with including, but not limited Fire, Planning and Zoning, Building, Historic Preservation, and Office of Real Estate, Housing and Community Development. Also, when the plans are permitting, first priority is given; further, the City has a form to identify projects by the Office of Housing & Community Development. The was by administrative on February, 1997. Ongoing Process .......... ::;.,.,for review of local policies, ordinances, regulations that of housing prior to their a. procedures: Prior to the adoption of any SHIP Local Hous1ng 1-\ssistance Plan 2010 · 2013 City of Miami Beach 336 ordinance, development plan, regulation, or that might impact housing, City -22- City of Miami Beach LHAP evaluates its potential effect and cost on affordable housing through the Director of the Office of Real Estate, Housing & Community Development. The Office of Real Estate, Housing and Community Development may present proposed legislation to applicable City boards and committees for their review as they may impact housing. The incentive was enacted by administrative action on February 1997. -23- 337 THIS PAGE INTENTIONALLY LEFT BLANK 338 COMMISSION ITEM SUMMARY solution accepting the recommendation of the Finance and Citywide Projects Com mitt Foota e and Lummus Park User fees for Ga Pride 2013. Key Intended Outcome Supported: Increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: In 2008, Mayor Bower created the Gay Business Development Ad Hoc Committee. One of the first initiatives of this Ad Hoc Committee was to establish Miami Beach Gay Pride. In 2009, the Committee celebrated the inaugural Miami Beach Pride event and they have successfully produced the event for three (3) consecutive years. The City does not provide waivers to any entity for hard costs (police and fire personnel, parking or sanitation), and cannot waive building fees by State law. It should be also noted that approximately ten (1 0) years ago, fee waivers for special events were reduced significantly because most non-profits were receiving waivers for a majority of their special event permit related fees. Since that time, all new events produced by a non-profit could only receive a waiver of their Application and Permit fees; all other fees are required to be paid. As a result, Miami Beach Gay Pride has been required to pay for all special event permit fees except for the Application and Permit fees. On March 12, 2012, the City Commission adopted Resolution No. 2012-27865 waiving the Lummus Park User Fee and Square Footage Fee for Gay Pride 2012 event. The Finance and Citywide Projects Committee discussed waiving these fees again for the 2013 event and recommended in favor of a waiver for the Square Footage and Lummus Park User fees for Gay Pride 2013. Based on prior years the Square Footage Fee is estimated to be $5,130.65 and the Lummus Park User Fee is estimated to be $3,476.70, totaling an estimated $8,607.35. The Administration has also developed criteria for future fee waivers, which is detailed in the attached memorandum. The Finance and Citywide Projects Committee recommended in favor of the waiver at their March 21, 2013 meetin . Financial Information· Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: In 2011, the Square Footage Fee equaled $5,130.65 and the Lummus Park User Fee equaled $3,476.70, totaling $8,607.35. City Clerk's Office Legislative Tracking: I Max Sklar Si n-Offs: Department Director t City Manager MIAMI BEACH 339 AGENDA ITEM DATE ~ 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 Me FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AC EPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE WAIVING THE SQUARE FOOTAGE AND LUMMUS PARK USER FEES FOR GAY PRIDE 2013. ADMINISTRATION RECOMMENDATION As directed by the Finance and Citywide Projects Committee, the Administration recommends waiver of Square Footage Fee ($5, 130.65) and the Lummus Park User Fee ($3,476. 70) for Gay Pride 2013. BACKGROUND In 2008, Mayor Bower created the Gay Business Development Ad Hoc Committee. One of the first initiatives of this Ad Hoc Committee was to establish Miami Beach Gay Pride. In 2009, the Committee celebrated the inaugural Miami Beach Pride event and they have successfully produced the event for three (3) consecutive years. The City does not provide waivers to any entity for hard costs (police and fire personnel, parking or sanitation), and cannot waive building fees by State law. It should be also noted that approximately ten (1 0) years ago, fee waivers for special events were reduced significantly because most non-profits were receiving waivers for a majority of their special event permit related fees. Since that time, all new events produced by a non-profit could only receive a waiver of their Application and Permit fees; all other fees are required to be paid. As a result, Miami Beach Gay Pride has been required to pay for all special event permit fees except for the Application and Permit fees. On March 12, 2012, the City Commission adopted Resolution No. 2012-27865 waiving the Lummus Park User Fee and Square Footage Fee for Gay Pride 2012 event. On March 21, 2013, The Finance and Citywide Projects Committee discussed waiving these fees again for the 2013 event. The Committee recommended in favor of waiving the Square Footage and Lummus Park User fees for Gay Pride 2013. Based on prior years the Square Footage Fee is estimated to be $5,130.65 and the Lummus Park User Fee is estimated to be $3,476.70, totaling an estimated $8,607.35. CRITERIA FOR FEE WAIVERS The Administration was also directed to develop criteria for future fee waivers. The following criteria have been developed for consideration. 1. Type of Event a. The event must be produced by a 501 (c)3 non-profit organization that provides 340 City Commission Memorandum Gay Pride 2013 Fee Waivers April 17, 2013 direct services to the community. Page2 b. All proceeds from the event must be received by the 501 (c)3 non-profit organization producing the event. c. The event must be open to the general public. d. The event must be within one of the City's target categories (i.e. Design and Architecture; Film and Fashion; LGBT; Wine and Food). 2. Economic Impact and Promotional Value to the City a. Significant Impact -events that have a track record or a demonstrable potential to provide a significant national and/or international return for Miami Beach in regard to publicity and visitorship. b. Television Coverage -events with confirmed television coverage and viewership from a major network or cable provider. c. Hotel Room Nights -events with confirmed hotel room nights in Miami Beach with 500 room nights or greater. d. Development Areas -events which occur during holidays; programs which help expand the positive impact of tourism into under-utilized areas. 3. Other a. The entity producing the event must be in good standing with the City and be current on all debts. CONCLUSION As directed by the Finance and Citywide Projects Committee, waiver of the Square Footage Fee ($5, 130.65) and the Lummus Park User Fee ($3,476. 70) for Miami Beach Gay Pride 2013 is being presented for consideration. JLM/KGB/MAS T:\AGENDA\2013\Aprii17\Gay Pride Fee Waiver Reso Memo doc.dOCX 341 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE WAIVING THE SQUARE FOOTAGE AND LUMMUS PARK USER FEES FOR GAY PRIDE 2013. WHEREAS, in 2008, Mayor Bower created the Gay Business Development Ad Hoc Committee (now the Gay Business Enhancement Committee), whose first initiative was the creation of the event known as Miami Beach Gay Pride; and WHEREAS, Miami Beach Gay Pride a not-for-profit organization that produces free, safe, quality mass-appeal events that are open to all, and that include the Gay Pride Parade, Festival, Expo, and other adjunct, officially sanctioned Miami Beach Gay Pride events; and WHEREAS, Miami Beach Gay Pride has produced three (3) successful years of events that have generated hotel room nights in Miami Beach; and WHEREAS, at its meeting on March 21, 2013, the Finance and Citywide Projects Committee considered a request by Miami Beach Gay Pride, and recommended waiving the Square Footage Fee, estimated at $5, 130.65, and the Lummus Park User Fee, estimated at $3,476.70 for Gay Pride 2013. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee waiving the Square Footage and Lummus Park User fees for Gay Pride 2013. PASSED AND ADOPTED this 17st day of April, 2013. Attest: CITY CLERK T:\AGENDA\2013\April 17\Gay Pride Waiver 2013.SUMM.doc 342 MAYOR APPROVED AS TO FORM & LANGUAGE & FOt-l UTION COMMISSION ITEM SUMMARY Condensed Title: A resolution waiving by 5/7'c vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, and authorizing the purchase of food and snacks to be consumed by the City's Parks and Recreation Department's participants in the afte~ school program, summer camps, and other programmed activities; and by other departments and. offices citywide, as approved in their annual budgets; to include Publix, Costco, Gordon Foods and BJ's Wholesale; said waiver shall be authorized for period of three (3) years, on a year to year basis, contingent upon the City Commission's approval of the Departments' related budaet allocation(s) during the adoption of the annual budaet. 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: As part of the after school curriculum and during no-school days, the Recreation Division provides free snacks to all after school participants (estimated average daily attendance of 1,000 children). On non- school days, the programmed recreational sites may also supply lunches, entertain the children with parties and make sure that the children have healthy snacks prior to sending them home. Additionally, the Children's Trust of Miami-Dade County provides funding to North Shore Park Youth Center after school program participants and the provision of a daily healthy snack is a programmatic requirement, included in the Children's Trust yearly funding agreement for North Shore Park only. The Recreation Division also hosts in-house activities recognizing "special days" for the after school participants. Examples of these activities include, but are not limited to, Thanksgiving, Seasonal Holidays, Valentine's Day, New Year's Eve and the End of the School Year parties. Additionally, as part of our yearly athletic programming, the Recreation Division hosts season ending parties and events for many of the sports. Additionally, the Recreation Division also supplies food and snacks to the Seniors during their programmed events, provides food to the Guild for the Blind and to our Special Needs Population programs at their many events which include, Special Olympics, Thanksgiving, Holiday Party, Valentine's Day and the End of School Year party. There are additional City Departments and offices that also purchase of food and snacks from the vendors on the approved list. Examples include, but are not limited to, the Office of the Mayor and Commission purchased food monthly for City Commission meetings and City Commission Workshops. Additionally, the Office of Community Services purchases approximately $3,600 of food annually for their Service Partnership Program, Youth Development Program and Emergency Food & Shelter Program (EFSP). The EFSP expense is for Food Cards and not direct food purchases. Financial Information: Source of Amount Account ~~s: 1 $60,000 011-0950-000343 and 011-0950-000355 r Parks and Recreation (WJv 2 $ 3,600 143-5634-00398, 143-5675-000398, 144-5623-00343 Office of Community Services 3 $ 2,400 011-0100-000362 Office of the Mayor and Commission OBPI Total $66,000 Financial Impact Summary: Clerk's Office Le islative Trackin Department Director City Manag KS M JLM T:\AGENDA\2013\Aprii17\Commission Summary-Waiver Comp nacks-All departments 4-17-13.doc MIAMI BEACH 343 AGENDA ITEM e 7 K DATE 1{-/7-1~ ~ 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 M FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY A 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE PURCHASE OF FOOD AND SNACKS FROM PUBLIX, COSTCO, GORDON FOODS, AND BJ's WHOLESALE TO BE CONSUMED BY: A) THE CITY'S PARKS AND RECREATION DEPARTMENT'S PARTICIPANTS IN THEIR AFTER- SCHOOL PROGRAMS, SUMMER CAMPS, SPECIAL EVENTS AND OTHER PROGRAMMED ACTIVITIES, AND B) OTHER DEPARTMENTS AND OFFICES CITYWIDE, AS APPROVED IN THEIR RESPECTIVE ANNUAL BUDGETS; SAID WAIVER SHALL BE AUTHORIZED FOR A PERIOD OF THREE (3) YEARS, ON A YEAR-TO-YEAR BASIS, CONTINGENT UPON CITY COMMISSION APPROVAL OF THE DEPARTMENTS' RELATED BUDGET ALLOCATION(S) DURING THE ADOPTION OF THE CITY'S ANNUAL BUDGET. FUNDING: $30,000 011.0950.000.343-Parks and Recreation Department $30,000 011.0950.000.355-Parks and Recreation Department $ 1,100 143.5634.000.398-Office of Community Services $ 200 143.5675.000.398-Office of Community Services $ 2,300 144.5623.000.343-Office of Community Services $ 2,400 011.0100.000.362-Office of the Mayor and Commission ADMINISTRATION RECOMMENDATION Approve the Resolution KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs. BACKGROUND The Parks and Recreation Department is charged with the goal of providing safe, educational and fun-filled programming for all ages. The Recreation Division's core budgeted programming components include: -After School -Summer Day Camps and Specialty Camps -Athletics -Special Events -Senior Programming -Special Populations 344 Resolution Waiving Competitive Bidding for Food and Snacks City Commission Meeting April 17, 2013 Page 2 of3 As part of the after school curriculum and during no-school days, the Recreation Division provides free snacks to all after school participants (estimated average daily attendance of 1,000 children). On non-school days, the programmed recreational sites may also supply lunches, entertain the children with parties and make sure that the children have healthy snacks prior to sending them home. Additionally, the Children's Trust of Miami-Dade County provides funding to North Shore Park Youth Center after school program participants and the provision of a daily healthy snack is a programmatic requirement, included in the Children's Trust yearly funding agreement for North Shore Park only. The Recreation Division also hosts in-house activities recognizing "special days" for the after school participants. Examples of these activities include, but are not limited to, Thanksgiving, Holiday, Valentine's Day, New Year's and the End of the School Year parties, just to name a few. Additionally, as part of our yearly athletic programming, the Recreation Division may host season ending parties and events for many of the sports. The Department also produces numerous neighborhood and special events in order to provide residents with fun activities throughout the year. These include: • Back to School Bash • Hispanic Heritage Festival • Safe Night of Fright • Halloween Happenings • Winter Wonderland • Black History Night • Cupid's Carnival • Spring Eggstravaganza • Playground Revue • Movie in the Parks (various sites) 800 estimated average attendance 1,500 " 1,500 " 300 " 1,800 " 350 " 750 " 1,500 " 2,000 " 1,000 " " " Additionally, the Recreation Division also supplies food and snacks to the Seniors during their programmed events, provides food to the Guild for the Blind and to our Special Needs Population programs at their many events which include, Special Olympics, Thanksgiving, Holiday Party, Valentine's Day and the End of School Year party. The following budget allocations were approved by the City Commission as part of the Parks and Recreation Department's 2012-13 budget; 011.0950.000.343-$51,850 Programs and Special Events - Seniors Programming - Special Needs Population - Guild for the Blind - 011.0950.000.355-$34,000 After school participant snacks and lunches - $37,650 $10,000 $ 3,000 $ 1,200 $34,000 The Parks and Recreation Department has the systems and procedures in place to properly safeguard the delivery and safekeeping of these items. The Department has a written policy and procedure followed by the Facility Manager to assure that purchased items are received at the recreation site and stored properly for use by our programmed participants. 345 Resolution Waiving Competitive Bidding for Food and Snacks City Commission Meeting Apri/17, 2013 Page 3 of3 All Recreation sites have proper refrigeration as mandated by the Department of Health, which conducts on-site inspections on a regular basis. The Managers at each site are tasked with assuring proper inventory controls and distribution to the children during regular after school and summer programming along with maintaining the same safeguards and procedures during the other planned events listed above. There are additional City Departments and offices that also purchase food and snacks from the vendors on the approved list. Examples include, but are not limited to, the Office of the Mayor and Commission purchases food monthly for City Commission meetings and City Commission Workshops. Additionally, the Office of Community Services purchases approximately $3,600 of food annually for their Service Partnership Program, Youth Development Program and Emergency Food & Shelter Program (EFSP). The EFSP expense is for Food Cards and not direct food purchases. CONCLUSION In order to ensure the Parks and Recreation Department and the other City organizations are purchasing food and snacks compliant with established purchasing guidelines while also meeting the needs of the participants and guests they serve, the Administration recommends the Mayor and City Commission adopt this resolution waiving by 5/7 1h vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest. JLM/MAS/KS T:\AGENDA \2013\April 17\Commission Memo-Waiver Comp Bid -Food Snacks -All departments 4-17 -13.doc 346 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY A 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE PURCHASE OF FOOD AND SNACKS FROM PUBLIX, COSTCO, GORDON FOODS, AND BJ's WHOLESALE TO BE CONSUMED BY: A) THE CITY'S PARKS AND RECREATION DEPARTMENT'S PARTICIPANTS IN THEIR AFTER- SCHOOL PROGRAMS, SUMMER CAMPS, SPECIAL EVENTS AND OTHER PROGRAMMED ACTIVITIES, AND B) OTHER DEPARTMENTS AND OFFICES CITYWIDE, AS APPROVED IN THEIR RESPECTIVE ANNUAL BUDGETS; SAID WAIVER SHALL BE AUTHORIZED FOR A PERIOD OF THREE (3) YEARS, ON A YEAR-TO-YEAR BASIS, CONTINGENT UPON CITY COMMISSION APPROVAL OF THE DEPARTMENTS' RELATED BUDGET ALLOCATION(S) DURING THE ADOPTION OF THE CITY'S ANNUAL BUDGET. WHEREAS, the Parks and Recreation Department is charged with the goal of providing safe, educational, and fun-filled programming for all ages; and WHEREAS, as a component of the after-school curriculum and during non-school days, the Recreation Division provides free snacks to all after-school participants; and WHEREAS, on non-school days, the programmed recreational sites may also supply lunches, entertain the children with parties, and ensure that the children have healthy snacks prior to sending them home; and WHEREAS, the Recreation Division also hosts in-house activities recognizing "special days" for the after-school participants; examples of these activities include, but are not limited to, Thanksgiving, Valentine's Day, New Year's Eve, and the End of the School Year parties; and WHEREAS, the Department also produces numerous neighborhood and special events in order to provide residents with fun-filled and enjoyable activities throughout the year, which include: o Hispanic Heritage Festival o Safe Night of Fright o Halloween Happenings o Winter Wonderland o Black History Night o Cupid's Carnival o Spring Eggstravaganza o Playground Revue o Movie in the Parks (various sites); and WHEREAS, the Recreation Division also supplies food and snacks to seniors during their programmed events, provides food to the Guild for the Blind and to our special needs population programs at their many events, which include Special Olympics, Thanksgiving, Seasonal Holiday Party, Valentine's Day, and the End of School Year Party; and WHEREAS, there are additional City Departments and offices that also purchase food and snacks from the vendors on the approved list; and 347 WHEREAS, for example, the Office of the Mayor and Commission purchase food monthly for City Commission meetings and City Commission workshops; and WHEREAS, the Office of Community Services purchases approximately $3,600 of food annually for their Service Partnership Program, Youth Development Program, and Emergency Food & Shelter Program (EFSP). 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 waive, by a 5/th vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, and authorize the purchase of food and snacks from Publix, Costco, Gordon Foods, and BJ's Wholesale, to be consumed by: a) the City's Parks and Recreation Department's participants in their after-school programs, summer camps, special events, and other programmed activities, and b) other departments and offices Citywide, as approved in their respective annual budgets; said waiver shall be authorized for a period of three (3) years on a year-to-year basis, contingent upon City Commission approval of the Departments' related budget allocation(s) during the adoption of the City's annual budget. PASSED and ADOPTED this----day of April, 2013. ATTEST: RAFAEL GRANADO, CITY CLERK MATTI HERRERA BOWER MAYOR T:\AGENDA\2013\April 17\Reso. -Waiver of Competitive Bid-Food-Snacks All Departments.doc 348 APPROVED AS TO FORM & LANGUAGE & F()A Er~TION ,,< ~ COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Exercising A Month-To- Month Extension Of The Agreement Between The City And Clear Channel Adshel Inc., To Construct, Operate And Maintain Directory Structures In The Lincoln Road Area; Which Expires On April 17, 2013; With Said Extension Commencing On April 18, 2013, And Terminating, For Convenience And Without Cause, At Such Time As New Directory Structures Are Replaced And Installed. Ke Intended Outcome Su orted: Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The City currently has an agreement with Clear Channel Adshel Inc., to construct, operate and maintain directory structures in the Lincoln Road Area, at ten (1 0) intersections along Lincoln Road, effective through April 17, 2013. Under the terms of the Agreement, the City receives a minimum of $22,000 per year or 30% of the total advertising net revenue from directory panels on Lincoln Road. Last year, the City received payment in the amount of $112,589. The highest annual revenue received was $149,683 in 2007. At the February 6, 2013 City Commission meeting, the Administration referred the subject matter to the Finance and Citywide Projects Committee (FCWPC) for discussion on whether or not the City would consider the installation of smaller fixed or digital advertising panels. At its February 20, 2013, the FCWPC recommended that the item be referred to the Historic Preservation Board to seek direction as to what type of directory structures are most appropriate for the Lincoln Road Corridor and after this direction is obtained, the FCWPC recommends that a Request for Proposals be prepared for their review. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION Advisory Board Recommendation: Financial Information: Source of Funds: I I Amount I I 1 I I Financial Impact Summary: islative Trackin MIAMI BEACH 349 Account AGENDA ITEM --=C;...,...7.:........:;.,.J.._ DATE 'l-/2-/_j MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISS ON MEMORANDUM TO: Mayor Matti Herrera-Bower and Me FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: A RESOLUTION OF THE MAYOR A 0 THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXERCISING A MONTH-TO-MONTH EXTENSION OF THE AGREEMENT BETWEEN THE CITY AND CLEAR CHANNEL ADSHEL INC., TO CONSTRUCT, OPERATE AND MAINTAIN DIRECTORY STRUCTURES IN THE LINCOLN ROAD AREA; WHICH EXPIRES ON APRIL 17, 2013; WITH SAID EXTENSION COMMENCING ON APRIL 18, 2013, AND TERMINATING, FOR CONVENIENCE AND WITHOUT CAUSE, AT SUCH TIME AS NEW DIRECTORY STRUCTURES ARE REPLACED AND INSTALLED. ADMINISTRATION RECOMMENDATION Approve the Resolution. BACKGROUND The City currently has an agreement with Clear Channel Adshel Inc., to construct, operate and maintain directory structures in the Lincoln Road Area, at ten (1 0) intersections along Lincoln Road, effective through April17, 2013. The agreement was entered on April 18, 2001 with an initial five (5) year term. Subsequent to entering into contract with Clear Channel Adshellnc., the City realized that there was a need to have ten (1 0) additional street name signs and requested that Clear Channel Adshel Inc. install them. These additional street name signs help both pedestrian and vehicular traffic in identifying the street names and block address designation for that location. On August 14, 2001, it was determined and ordered by the Historic Preservation Board that one ( 1) additional directory sign would be placed at the intersection of James Avenue and Lincoln Road. On November 13, 2002, the City executed the First Amendment to the Agreement between the City of Miami Beach and Clear Channel Adshellnc., adding the additional street signs and additional two-sided directory structures. As part of this First Amendment, the term was extended by two (2) years, with a termination on April 17, 2008 and providing automatic renewals for up to five (5) additional one-year terms, which were already been exercised. Therefore, the current agreement terminates on April 17, 2013. 350 City Commission Memorandum -Adshel Lincoln Rd. Panels April17, 2013 Page 2 of 2 Under the terms of the Agreement, the City receives a minimum of $22,000 per year or 30% of the total advertising net revenue from directory panels on Lincoln Road. Last year, the City received payment in the amount of $112,589. The highest annual revenue received was $149,683 in 2007. At the February 6, 2013 City Commission meeting, the Administration referred the subject matter to the Finance and Citywide Projects Committee (FCWPC) for discussion on whether or not the City would consider the installation of smaller fixed or digital advertising panels. At its February 20, 2013, the FCWPC recommended that the item be referred back to the Historic Preservation Board to seek direction as to what type of directory structures are most appropriate for the Lincoln Road Corridor and after this direction is obtained, the FCWPC recommends that a Request for Proposals be prepared for their review. CONCLUSION The Administration recommends that the City Commission exercise a month-to-month extension of the Agreement between the City and Clear Channel Adshel Inc., to construct, operate and maintain directory structures in the Lincoln Road Area; which expires on April17, 2013; with said extension commencing on April 18, 2013, and terminating, for convenience and without cause, at such time as new directory structures are replaced and installed. JLM\JG s F:\WORK\$ALL\(1) EMPLOYEE FOLDERS\FIORELLA SARMIENTO\Adshel Lincoln Road Directory. memo.doc 351 u 352 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and 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 with Industrial/Organization Solutions, Inc., approved by the Commission on July 18, 2012. Said Amendment to Provide Additional Testing Services During the First Contract Year for Police and Fire Entry Level Positions; and Requesting Additional Funding, in an Amount not to Exceed $70,000. Key Intended Outcome Supported: Control costs of payroll, including salary and fringes; minimize taxes; and ensure expenditure trends are sustainable over the long term. Attract and maintain a workforce of excellence. Supporting Data (Surveys, Environmental Scan, etc: Item Summary/Recommendation: At its regular meeting on July 18, 2012 the Mayor and City Commission adopted Resolution No. 2012- 27941, approving and authorizing the City Manager to execute a Professional Services Agreement with Industrial/Organizational Solutions, Inc. (Consultant), for Professional Services for services related to testing services to determine qualified applicants for Police and Fire entry level positions, classified promotional classifications, and consultation services. The City has entered into the Agreement with the Consultant. Pursuant to the direction of the City Attorney's Office, the Agreement is executed for the services pertaining to the first contact year only, which included providing testing services pertinent to the Police Promotional Process and general consultation services (i.e. development and recommendation for methods of selection for sworn and non- sworn positions). In an effort to attract and maintain a workforce of excellence, the City now has a need for the Consultant to review, develop, validate, administer, score, and report selection mechanism, including testing programs, to determine qualified applicants for police and fire entry level positions, and therefore is requesting the Mayor and City Commission to approve and authorize Industrial/Organization Solutions, Inc., to provide additional testing services during the first contract year for Police and Fire entry level positions, and requesting additional funding, in an amount not to exceed $70,000. IT IS RECOMMENDED THAT THE MAYOR AND COMMISSION ADOPT THE RESOLUTION Advisory Board Recommendation: I N/A Financial Information: Source of Amount Funds: 1 $31,000 2 $39,000 3 Total $70,000 Financial Impact Summary: Cit Clerk's Office Le islative Trackin Carla Maglio Gomez, Human Resources Account Professional Services Account #011-1130-000312 Professional Services Account #011-121 0-000312 F:\HUMA\$aii\Galyna\Commission\IO Solutions Testing Services Summary.docx MIAMI BEACH 353 AGENDA ITEM DATE ClM Y-J7·t3 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 FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: A RESOLUTION OF THE MAYO 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 WITH INDUSTRIAL/ORGANIZATIONAL SOLUTIONS, INC., APPROVED BY THE COMMISSION ON JULY 18, 2012. SAID AMENDMENT TO PROVIDE ADDITIONAL TESTING SERVICES DURING THE FIRST CONTRACT YEAR FOR-POLICE AND FIRE ENTRY.I,..EYI;.!-POSITIONS; AND REQUESTING ADDITIONAL FUNDING, IN AN AI'JIOUNT NOT TO .EXCEED $70,000. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING $31,000 $39,000 $70,000 Funding is available from Professional Services Account #011-1130-000312 Funding is available from Professional Services Account #011-1210-000312 BACKGROUND The City has a need to establish an agreement with a qualified provider of services to develop, validate, administer, score, report and review testing programs to determine qualified applicants for police and fire entry level positions and classified promotional classifications; and/or to provide consultation services in order to develop job analysis, entry level and promotional tests, scoring, minimum requirements for jobs, and background tests requirements for sworn and non-sworn positions. On July 18, 2012, the Mayor and City Commission adopted Resolution No. 2012-27941, approving and authorizing the City Manager to execute a Professional Services Agreement with Industrial/Organizational Solutions, Inc. (10 Solutions), for testing services to determine qualified applicants for Police and Fire entry level positions, Classified promotional classifications and consultation services. 354 Commission Memorandum April17, 2013 1/0 Solutions Professional Testing Services Page 2 of3 1/0 Solutions is a public safety human resources consulting firm that specializes in personnel selection, development, validation and administration of police, corrections and fire services entrance, physical ability and promotional examinations. In addition to providing third-party recruitment services, the firm is also a national test publishing organization, offering over 30 published entry-level and promotional exams and assessments. The firm employs a team of psychometricians and experts on the Industrial/Organization Psychology field, and puts a strong emphasis on developing assessment tools that identify the best employees, whether hiring entry-level employee or promoting existing personnel, through a valid, reliable, fair, and defensible selection process. 1/0 Solutions has worked with over 1 ,000 public safety agencies throughout the United States and Canada, such as the Florida Department of Law Enforcement (FDLE), Jacksonville Sheriff's Police Department, Washington, D.C. Fire and EMS, Washington, D.C. Metropolitan Police Department, New York State Police Department and the City of Chicago. 1/0 Solutions is one of the few major public safety consulting firms with an unblemished litigation history. In 2009, the U.S. Supreme Court, in Ricci v. DeStefano, ruled that the City of New Haven, CT was required to use the examinations developed by 1/0 Solutions in order to resolve a lawsuit brought against the City by twenty city firefighters alleging that the city discriminated against them with regard to promotions. In addition, in 2007, the entry-level police officer examination developed for the City of Buffalo, NY, satisfied the scrutiny of the U.S. Department of Justice. Further, an independent firm hired by the City of Chicago to evaluate all commercially available entry-level firefighter examinations identified the 1/0 Solutions as having the best firefighter selection tool in the nation. Based on its expertise, the availability of both customized and off-the-shelf exams, and its track record, the Administration recommends that the Mayor and City Commission approve the recommendation of contracting with 1/0 Solutions. The City has entered into the Agreement with the Consultant. The Agreement was executed for an initial term of one (1) year, with four (4) additional one (1) year renewal options, exercised at the City Manager's sole option and discretion. Pursuant to the direction of the City Attorney's Office, the Agreement was executed for the services pertaining to only the first contact year. Accordingly, the Agreement authorized the Consultant to provide testing services pertinent to the Police Promotional Process and general consultation services (i.e. development and recommendation for methods of selection for sworn and non-sworn positions). The City now has a need to conduct entry level recruitments for the positions of Police Officer and Firefighter I, as current eligibility lists established for these positions expire on June 15, 2013 and August 24, 2013, respectively. In an effort to attract and maintain a workforce of excellence, the City has a need for the Consultant to review, develop, validate, administer, score, and report selection mechanism, including testing programs, to determine qualified applicants for police and fire entry level positions. 355 Commission Memorandum Apri/17, 2013 110 Solutions Professional Testing Services Page 3of3 CONCLUSION The Administration recommends that the Mayor and City Commission approve the attached resolution, which recommends approving and authorizing Industrial/Organization Solutions, Inc., to provide additional testing services during the first contract year for Police and Fire entry level positions, and requesting additional funding, in an amount not to exceed $70,000. JLM/KGB/ T:\AGENDA\2013\Aprii17\IO Solutions Additional Testing Services Memo.docx 356 RESOLUTION TO BE SUBMITTED 357 THIS PAGE INTENTIONALLY LEFT BLANK 358 m MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager an se Smith, City Attorney ~ \ FROM: Michael Gongora, Commission DATE: April9, 2013 SUBJECT: Discussion Item for April 17 Commission Meeting Please place on the April Commission meeting consent agenda to accept a donation for Monument Island. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 359 Agenda Item C 7 )J Date 4-17-13 RESOLUTION TO BE SUBMITTED 360 R2 COMPETITIVE BID REPORTS COMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Award a Contract, Pursuant to Invitation to Bid No. 049-2013TC, for the City of Miami Beach Flamingo Park Football Fieldffrack Renovation Project; Authorizing the Mayor and City Clerk to Execute an Agreement with CSR Heavy Construction, Inc., in the Amount of $2,266,016, for the Construction of the Project, Plus Approve a Project Contingency of 10% for a Not-to-Exceed Grand Total of $2,492,618; 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 well maintained facilities; ensure safety and appearance of building structures and sites; ensure quality and timely delivery of capital projects. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that over 87% and 83% of City residents and businesses respectively, rated the appearance and maintenance of public buildings as excellent or good; and over 81% of residents rated recently completed capital improvement projects as excellent or good. Item Summary/Recommendation: The football field and track, located at Flamingo Park, are in critical need of replacement and not adequate to serve the large volume of users of the park, as well as visitors attending City of Miami Beach sponsored events. The scope of work for the Flamingo Park Football Field/Track Renovation Project was included in the BOOR prepared by Wolfberg, Alvarez and Partners (WAP). The scope of work generally includes the following items: installation of artificial turf for the football field including drainage; sports lighting; new track; renovation of the existing bleacher building with ADA upgrades, including restrooms, concession area and control room. Invitation to Bid (ITB) 049-2013TC was issued on January 31, 2013, with an opening date of March 29, 2013. The pre-bid conference was held on February 13, 2013. The Public Group issued bid notices to 79 prospective bidders of which 27 accessed the advertised solicitation. In addition, 185 vendors were notified via email, which resulted in the receipt of eight (8) proposals. Through the Procurement Division's review of each bid for responsiveness, Caribe Utilities of Florida, Inc., the lowest bidder, with a total base bid of $1,946,715, was deemed nonresponsive for failing to provide a general contractor license which is a mandatory requirement of the ITB. Also, Carivon Construction Co. was deemed nonresponsive for failing to submit, with their bid or after request by the City, required information, including, but not limited to: licenses, references and other solicitation requirements. The Administrative Review Panel convened on April 4, 2013, to interview the responsive bidders. 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. CSR Heavy Construction, Inc. received three of four first-place votes for contract award. In regards to the Panel's selection of CSR Heavy Construction Inc., the Panel indicated that CSR demonstrated the most extensive knowledge and experience in installing artificial turf and tracks, drainage, and building renovations. As to the bidders that submitted lower base bids, their experience and knowledge of the turf installation, a critical component of the project, did not match that of CSR. CSR acknowledged the construction Contract requirements of 120 calendar days duration to achieve substantial completion and the amount of liquidated damages recoverable for each calendar day the Contract is delayed. After considering the review and recommendation of City staff, the City Manager exercised his due diligence and carefully considered the specifics of this ITB process. As a result, the City Manager recommends to the Mayor and City Commission to award the construction contract to CSR Heavy Construction, Inc. 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: I N/A Financial Information: Source of Funds: 1 2 3 4 5 6 7 Amount $ 619,994 $ 524,600 $ 575,275 $ 546,147 $ 61,999 $ 52,460 $ 112,143 $ 2,492,618 MIAMI BEACH Account 301-2320-069357-Qualit of Life Tax Fund 305-2320-069357-Quality of Life Resort Tax 383-2320-067357 -2003 GO Bonds -Parks & Beaches 388-2320-069357-MDC COT lnterlocal 301-2320-069358-Quality of Life Tax Fund 305-2320-000356-SB Quality of Life Resort Tax 388-2320-069358-MDC COT lnterlocal 362 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 Me e City Commission FROM: Jimmy L. Morales, City Manager DATE: April 17, 2013 SUBJECT: REQUEST FOR APPROVAL 0 AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 049-2013TC, FOR THE CITY OF MIAMI BEACH FLAMINGO PARK FOOTBALL FIELD/TRACK RENOVATION PROJECT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CSR HEAVY CONSTRUCTION, INC., IN THE AMOUNT OF $2,266,016 FOR THE CONSTRUCTION OF THE PROJECT, PLUS APPROVE A PROJECT CONTINGENCY OF 10% FOR A NOT-TO-EXCEED GRAND TOTAL OF $2,492,618; FURTHER AUTHORIZING THE ADMINISTRATION TO ENGAGE IN VALUE ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR COMPLETION OF SAID PROJECT. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Ensure well maintained facilities; ensure safety and appearance of building structures and sites; ensure quality and timely delivery of capital projects. FUNDING $619,994 $524,600 $575,275 $546,147 $ 61,999 $ 52,460 $112,143 $2,492,618 301-2320-069357-Quality of Life Tax Fund 305-2320-069357-Quality of Life Resort Tax 383-2320-067357 -2003 GO Bonds -Parks & Beaches 388-2320-069357-MDC COT lnterlocal 301-2320-069358-Quality of Life Tax Fund 305-2320-000356-SB Quality of Life Resort Tax 388-2320-069358-MDC COT lnterlocal Total BACKGROUND The football field and track at Flamingo Park are in critical need of replacement. Existing facilities are in poor condition, and not adequate to serve the large volume of users of the park, as well as visitors attending large City-sponsored events in surrounding areas. The Flamingo Park Football Field and Track Renovation Project scope of work was included in the master plan designed by Wolfberg, Alvarez and Partners (WAP). SCOPE OF SERVICES The scope of services comprises of the new construction and renovation of the Flamingo Park football field and track including the existing bleacher and bathroom building. This project will encompass the new construction and renovation of the City of Miami Beach Flamingo Park 363 Commission Memorandum-ITB 049-2013TC-Flamingo Park Football Field/Track Renovation April17, 2013 Page 2 Football Field/Track Renovation project. The work generally includes the following items: installation of artificial turf for the football field including drainage and sports lighting; two new drainage wells; new 8 lane track; renovation of the existing bleacher building with ADA upgrades, including restrooms, concession and control room. During the bid process for Invitation to Bid (ITS) No. 049-2013TC, the Procurement Division received numerous questions that requested clarification or additional information as it pertained to artificial turf specifications contained in the released ITB. After several meetings and discussions on the topic, on March 22, 2013, the Administration, after requesting legal clarification regarding sole source requirements, identified that FieldTurf Revolution® artificial turf was the product that would be allowed for installation at the Flamingo Football Field and no other product substitutions would be permitted pursuant to Section 00300, Instructions to Bidders, of the ITB. After review of questions received and considering the project Engineer of Record's recommendations and concurrence by staff, Addendum No. 8 was released on March 22, 2013, amending the specification section 02925 to identify FieldTurf Revolution by FieldTurf International, Inc. as the product for the artificial turf and allowing for no substitutions. FieldTurf Revolution is a state-of-the-art product as noted by our project Engineer of Record (A/E). The manufacturer utilizes ridged monofilament fibers extruded from a proprietary polymer with Ultra Violet (UV) inhibitors. The fibers are tufted into a porous backing and sealed in a configuration that assures maximum drainage capabilities. Finally, the installed turf is installed with a three (3) layer infill system of cryogenic rubber and silica sand that provides the best combination of safety and playability. Many of these processes and configurations are patented by Fieldturf making it problematic to find an equivalent competitive product. FieldTurf is a leading manufacturer in the turf industry with longstanding results in hundreds of fields nationwide. FieldTurf is the artificial surface of choice in the National Football League with seven (7) NFL stadiums and over a dozen NFL practice fields, as well as the Hall of Fame Field and the Pro Bowl. FieldTurf is also utilized by over 150 colleges including major programs such as Oregon, Texas, Michigan, Washington, Nebraska, Maryland, Iowa, Boston College and many others. In addition to their leadership in the industry, Fieldturf carries an eight (8) year warranty backed by a $32 million insurance policy, to support the company's warranty for all its products, which is unmatched in the industry. FieldTurf was the first company in the artificial turf industry to introduce an insured warranty in 1999. Within the artificial turf industry an insured warranty has become a necessity. With FieldTurf's industry leading warranty protection, there is no deductible, no limit per claim, and no retention. Most importantly, FieldTurf fields are automatically covered for 8 years upon issuance of the Warranty Certificate and no reporting is required -meaning that all FieldTurf fields are covered. ITB PROCESS Invitation to Bid (ITS) 049-2013TC was issued on January 31, 2013, with an opening date of March 29, 2013. The pre-bid conference was held on February 13, 2013. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. The Public Group issued bid notices to 79 prospective bidders of which 27 accessed the advertised solicitation. In addition, 185 vendors were notified via email, which resulted in the receipt of the following eight (8) proposals: • BDI Construction Company • Burke Construction Group, Inc. • Caribe Utilities of Florida, Inc. 364 Commission Memorandum-ITB 049-2013TC-Flamingo Park Football Field/Track Renovation April17, 2013 Page 3 • Carivon Construction Co. • CSR Heavy Construction, Inc. • TC & F Builders Corp. • TGSV Enterprises, Inc. • West Construction, Inc. Through the Procurement Division's review of each bid for responsiveness, Caribe Utilities of Florida, Inc., the lowest bidder, with a total base bid of $1,946,715, was deemed nonresponsive for failing to provide a general contractor license as - a mandatory requirement of the ITB. Also, Carivon Construction Co. was deemed nonresponsive for failing to submit, with their bid or after request by the City, required information, including, but not limited to: licenses, references, and other solicitation requirements. As a result, the following table provides the proposed total base bid prices, with and without alternates, of the six (6) responsive bids: TC&F Builders Corp. TGSV Enterprises, Inc. Burke Construction Group, Inc. BDI Construction Company CSR Heavy Construction, Inc. West Construction, Inc. Total Base Bid $2,038,000.00 $2,145,000.00 $2,192,873.09 $2,239,775.00 $2,266,016.00 $2,394,360.10 Total Base Bid w/Aiternates $1,986,000.00 $2,026,370.00 $2,125,301.09 $2,158,275.00 $2,191 ,699.00 $2,310,620.10 The Administrative Review Panel consisted of the following individuals and convened on April 4, 2013, to interview the responsive bidders: • Carla Dixon, Capital Projects Coordinator, CIP • Julio Magrisso, Assistant Director, Parks and Recreation • Andrew Plotkin, Parks Facilities Manager, Parks and Recreation • Matilde Reyes, Senior Capital Projects Coordinator, CIP 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 plan/value 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 pursuant to the evaluation criteria noted in the ITB, especially relative to the ITB requirement that bidders have experience with similar (size & scope) projects for field and track installations, and related scope requirements. CSR Heavy Construction, Inc. received three of four first-place votes for contract award as noted below, as the contractor that demonstrated the most extensive knowledge and experience with similar projects: 365 Commission Memorandum-ITB 049-2013TC-Flamingo Park Football Field/Track Renovation Apri/17, 2013 Page 4 As to the bidders that submitted the lower base bids, TC&F Builders Corp. did not document sufficient experience similar to the ITS's scope. In addition, TC&F's limited capability raised concerns of a potential risk to completing the project on time. TGSV Enterprises, Inc. demonstrated limited similar project experience and proposed to sub-contract the majority of the work on this project. Burke Construction Group, Inc. presented experience with parks but had no experience with the installation of artificial turf, tracks or drainage. While BDI Construction Company demonstrated preparedness and proposed a good proactive construction plan, again BDI Construction had limited experience with the installation of artificial turf and tracks. The Panel concluded that CSR demonstrated the most extensive experience with the installation of artificial turf and track surfacing on various projects including Daytona Municipal Football Field and FAU Track & Field. CSR has acknowledged the construction contract requirements of 120 calendar days duration to achieve substantial completion and the amount of liquidated damages recoverable for each calendar day the Contract is delayed. For more information on CSR, see Attachment B. COST ANALYSIS The base bid amount submitted by CSR Heavy Construction, Inc., the fifth highest bidder, was 15% over the AlE estimate of probable construction cost of $1,928,900. The deductive alternate for the 6 lane track identified by the AlE of Record was not elected. Bids received were within the range of 5% to 19%, with the lowest base bid result within the 5% tolerance from the AlE Estimate of Probable Construction Cost (see Attachment A) as identified in C3TS' Professional Service Agreement with the City. The conceptual level budget as identified in the Basis of Design Report (BOOR) was $1,330,000. The current bid results are higher and C3TS, the AlE of Record, identified the following factors which impacted the results: • Project schedule was limited to 120 calendars day duration to achieve substantial completion, which is aggressive in order to meet the start of football season. FOOT Right of Way Improvement impacts site access. • Two (2) drainage wells were required by Public Works during permit approval process. • Neighborhood and Park patrons requested that the track be designed and warranted for bicycle and roller blade use; therefore, the track material will meet those requirements and provide an enhanced seven (7) year warranty. • The football field artificial turf manufacturer selected for this project provides an eight (8) year warranty backed by a $32 million insurance policy to • Allowance was added to the budget to cover replacement of unsuitable soils. • A flagpole and field graphics were included in the project scope. • Current market conditions and price escalation since the BOOR was prepared in 2009. 366 Commission Memorandum-ITB 049-2013TC-Flamingo Park Football Field/Track Renovation April17, 2013 Page 5 Pursuant to the Procurement Division's review and acceptance for responsiveness of the bids submitted, the bid price information from the lowest responsive bidder to the highest responsive bidder is tabulated below. The table also shows the percentage over the estimate prepared by the Engineer of Record as follows: Bid Proposal AlE Estimate Bid# 1 Bid#2 5% CITY MANAGER'S DUE DILIGENCE Bid#3 Bid#4 Bid#5 Bid#6 2% 15% After considering the review and recommendation of City staff, I have exercised my due diligence and carefully considered the specifics of this ITS process. As a result, I hereby recommend to the Mayor and City Commission to award the construction contract to CSR Heavy Construction, Inc. 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. I would like take this opportunity to express my concerns with the procurement approach utilized, an ITS that includes an Administrative Review Panel, which functions in reality as an RFP process . I have never seen this procedure in any other jurisdiction and neither has the Procurement Director. I have met with the Procurement Director and the City Attorney's Office and have directed staff that going forward, the City shall utilize the traditional approach of an ITS where price is the only factor for evaluation of bids. An RFP should be used if there are qualitative factors involved in the evaluation process. This will also mean that all RFPs must be submitted to the Commission for approval prior to issuance, as required by City policy. ITBs are not brought to Commission prior to issuance. Despite my misgivings about the process, I do not want to delay this project since quite a bit of time and effort has been expended to get to this point. I do not want to penalize the students at Miami Beach Senior High and the Hi-Tide football fans with a further delay in use of their home stadium this football season. CONCLUSION The Administration recommends the award of the contract to CSR Heavy Construction, Inc. the lowest and best responsive bidder, pursuant to Invitation to Bid (ITS) 049-2013TC, for the Flamingo Park Football Field/Track Renovation Project, in the amount of $2,266,016; plus approve a project contingency of 10% for a not-to-exceed grand total of $2,492,618; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project. ATTACHMENTS • Attachment A-AlE Estimate of Probable Construction Cost • Attachment B-CSR Heavy Construction, Inc. Portfolio JLM/JGG/FV/AD T:\AGENDA\2013\April '17\FLAMINGO PARK FOOTBALL FIELDIITB 049-2013TC-FLAMINGO FOOBALL TRACK RENOVATION-MEMO.docx 367 I-PRELIMINARY CONSTRUCTION COST ESTIMATE Project Flamingo Park Football Field and Track Improvement Project Base Bid 8 Lane Track Stan tee City of Miami Beach C3TS Project No.: 01317-016 COD COMPONENT DESCRIPTION QUANTITY Phase: 100% Submittal Estimate Date: March 29, 2013 UNIT UNIT PRICE SUBTOTAL 1 FOOTBALL FIELD/TRACK IMPROVEMENTS· Base Bid 8 Lane 1.0 Demolition 1.1 Clear and Grubinq 2@ 2.500.00 10,000 R 1.2 Excavate for Field ~ Sub total I 2.0 Amenities ~ 2.1 Artificial Turf 1 LS 2.2 Track Asphalt 20 SY . 2.3 Track Coating 55 SY 4.825.00 265,375 2.4 Football Goals 2 EA 5,000.00 10,000 2.5 Fencing 2,062(F 12.00 24,744 2.6 Flag Pole 5,000.00 5,000 Sub total I 3.0 Drainaae ~ 3.1 Exflltration Trench 80.00 3.2 SoHd Drainage Pipe 3.3 CS-Type C 3.4 Drianaoe Well 2 EA 3.5 Deck Drain and Piping 350 F 3.6 Curbino 350 LF Sub total 2 FOOTBALL FIELD/TRACK !Mi '"'"~"•~•·II::S • ELECTRICAL Upgrade Field Sports lighting 2.1 Removal of existing lights (8 poles) 8 EA 2.2 Musco Lighting and controls 1 LS ~ 1 EA Pole wires from electrical room -No.4 AWG Cooper in 2" 8,000 FT PVC 2.5 1500W Sports light rack per pole 8 EA 2.6 Relocate electrical boxes in conflict with eight lane track 1 LS 2.7 New Scoreboard 1 LS Sub total 1 LS 1 LS y 1 LS -3.4 Aluminum railings ~ 3.5 Interior framing, durock 3.6 Ceramic tile walls and floor 3.7 New roof over restroom, concession, electrical room F 3.8 New stucco and stucco repair 1 LS 3.9 Paint interior I exterior I 3.101 Custom precast aggregate panels to match existing I 3.111 Roll up door-concession Flamingo Park Footlmil Fisld and Track Project C3TS ~ 1 LS 1 LS 1 EA 368 38,000.00 76.000 10.00 3,500 20.00 7,000 600.00 4,800 7,475.00 7,475 10.00~1§t-10,000 2. 20,000 == 5,175.00 =ii 12,000.00 34,051.00 12.000.00 12,000 14.000.00 14,000 8,500.00 8,500 16,500.00 16,500 4,500.00 4,500 14,000.00 14,000 ~500 ,500 16,000.00 16,000 18.000.00 18,000 3,000.00 3,000 TOTAL 1 156,500 129,726 Page 1of 2 I -PRELIMINARY CONSTRUCTION Project Flamingo Park Football Field and Track Improvement Project Base Bid 8 Lane Track City of Miami Beach C3TS Project No.: 01317-016 Phase: 100% Submittal Estimate Date: March 29, 2013 QUANTITY UNIT UNIT PRICE SUBTOTAL fi 2 EA 450.00 6 EA 3.13 Storefront System -Announcer Booth 1 LS 16,000.00 16,000 3.14 Millwork 1 LS 650.00 650 Sub total 4 BLEACHERS BUILDING RENOVATION-ELECTRICAL ~ 600 Amp Main Distribution Panel ,500.00 6,500 Concession lights 2 0.00 1,000 Restroom Uqhts 5 EA .00 2,000 4.4 Announcer Booth Lights 2 EA 1,000 4.5 Exerior Lights 6EA 4.6 Telephone Outlet 3 EA 4.81 Rou: electr~al t== 11 EA 500 FT 1,750 1 LS 8,500 5 BLEACHERS BUILDING RENOVATION-MECHANICAL &PLUMBING 5.1 Plumbing -fixtures -water closets 8 EA 1,500.00 12,000 5.2 Plumbing-fixtures-lavatories 7 EA 800.00 5,600 -fixtures -urinals 2 EA 1,200.00 2,400 2 EA ~ 5.5 Plumbing-pipino-drains-hose bibs 1 LS 5.6 Mechanical -fans 5 EA 1.500.00 7,500 5.7 Mechanical -grH!s 5 EA 240.00 1,200 5.8 Mechanical -AIC mini split l::t:a 7,000 5.9 Mechanical -Refrigerant piping -ductwork-condensate 2,000 5.10 Controls 2,000 Sub total Sub Total Overheadand Profit Contingency TOTAL PROBABLE CONSTRUCTION COST Pmk Football Field one Track Pro;e::t Stan tee 369 I I I I I I TOTAL 168,250 25,350 50,050 $1,928.900 $192,890 Page 2of 2 , l "Family Owned and Operated" Since 1973 General Contractors -Site Contractors Earthwork-Clearing -Underground Utilities • Paving To: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 RE: Flamingo Park Football Field/Track Renovation Project I ITB No. 49-20 13TC CSR Heavy Construction A Florida Corporation Founded in 1973, is a third generation family construction company with origins based post World War II metropolitan Detroit, ML CSR relocated to South Florida in the early 1970's and has rapidly become one of the top "turnkey'' sitework contractors in the area. Our Company provides over 40 years experience in the construction industry specializing in: site clearing/debris removal, grading and excavating, lake excavations, roadway construction including street, highway and parking lot construction, storm drainage, utilities, and environmental/mitigation work. We have also distinguished ourselves as a specialty contractor of athletic track and fields. Our resume includes work on many fields, most notably the recently completed Orange Bowl Committee Carter Park, as well as FAU and Daytona Municipal Stadium. We are proud that our resume of completed athletic construction has afforded L1S the opportunity of working with the industry's leading al'tificial turf ~md track surfacing companies. A true benefit of working with CSR Heavy is the hands on approach you receive. I am personally involved in every aspect of the job process ti·om the estimating, through the actual on- site work, to the job close-out. We are located in Broward County and therefore our physical proximity, as well as our local contacts, distinguish us fi·om other contractors. Furthermore, CSR Heavy great pride in working on local community projects. We are proud to be recipients of the following awards: -2005 Associated General Contractors Build Florida Award for a .specialty contractor, on projects over $1,000,000for the Joseph L. Geriatric Morse Center -2007 Associated General Contractors Build Florida Award for a specialty contractor, on projects over $1, 000,000 for the F'A U Track & Field -2008 Associated Building Contractors of FL "Award of~xcellence "for Public Works projects between $5,000,000-$15,000,000.for the Mitigation Operation Center -2008 American Legion "Brick" Dedication, pro-bono community project We are cont1dent tlmt our contracting experience> our exemplary safety record, and our personalized delivery separates CSR from our competition. President 90 Southeast Third Court Deerfield Beach, FL 33441 Phone: 954.421.1264 954.421.1601 370 CGC021743 CGC033948 CGC046079 cc 88-1017 j , I 1 I : . ' t ; I ' ! , RECENTLY COMPLETED PROJECTS: ATHLETIC TRACK & CONSTRUCTION I PARI<S Contract Owner/Client *Orange Bowl Carter Park City of Ft. Lauderdale $2,300,000 JAN 20 3 *CGRS Track & Field Cardinal Gibbons $1,500,000 JAN 2013 *Belen Track & Field Belen Jesuit Prep School $765,000 AUG 2012 St. Andrews Track St. Andrews School $546,500 NOV 2011 *Calvary Track & Field Calvary Chapel Ft. Laud $1,300,000 NOV 2011 SW 1 011! St/Linear Park City Deerfield Beach $206,600 MAR 2011 *Daytona Municipal Stadium City of Daytona Beach $800,000 JUL 2010 *CCHS Track & Field RDC $421,435 MAR 2010 *DBHS Track & Field RDC $442,560 NOV 2009 St. Elizabeth School St. Elizabeth $350,000 SEP 2009 Zinkil Park City of.Hollywood $58,199 FEB 2009 Pinecrest School Synthetic Turf Int'l $16,595 NOV 2008 Boca Greens Sports Turf One $90,000 JUL 2007 Jupiter Comnmnity Park Sports TurfOne $467,184 MAY 2007 *FA U Track & Field James A. Cummings $1,578,272 JAN 2007 North Broward Prep School Seawood/Catalfmno $659,020 SEP 2004 McKeithen Park Pavilion City of Deerfield Beach $264,458 MAR 2003 Westside Park Playground City of Deerfield Beach $260,000 .TUN 2002 Sable Pines Park City of Coconut Creek $693,827 JAN 2001 Ft. Riverbend/Hockey Rink City of Deerfield Beach $398,131 JUL 2001 *Photos attached 371 w ....... f\) Carter Park Print #130125002 Date: 01/25113 Lat!Lon: 26.135282 -80.162281 A.o.ri~l Dh.ntt'V'IIr~Mu In~"'> Ol:.A_~Q_fi.A'!l.A C\l<'Jr::: "' o:;t.,.....(.O C( N'LOO'l "' LON a ~ C\1-..;r 1'--1'--c:i OOco ..; C\1 " I u 0 ,.... Cl) 0'> t %1ijgj .!i .so gs 1 ..... ..... 0... tci c ~ C\1 ~ i::: ~ i a 1'0 i\ -I 'I: Q ~ 373 CON<D "' f--,,-O"l (I o ........ m " (O(Or-c; N~$f ~ r--.r--.o OOop <I u C\l .. 0 ,... (L) .,.... %ctj(") ( ....,oiJ5 .5 c (0 1 ·;:: f'-. 0.. 1.1') ' ~ C\1 • c ~ 0 c ~ ..c a '"5 ...J 't a • 374 w ....... CJ1 Calvary Chapel Track & Field Print #111 010004 Date: 1 0/1 0/11 Lat!Lon: 26.203646-80.178364 --~ari~l Dhntn..nr~nh\.1 [nr-. or:.ll_I::..CJ:t.J\.JIQA 376 E :J :a 0 ~ 0 0. ·-u '2 :s ::E 0 c 0 ~ 0 c w ....... ....... CCHS Track & Field Renovation Print #1 00407195 Date: 04/07/1 0 Lat!Lon: 26247686-80.184883 ~ori-::.1 Dhn+r..nr":).n.hu Jnr-Ql:JI_t::.~_(\JIQA Cl)O)C.O " C\JOO o-l{J Cl 00 rooo s 0~;: a {I C\J ' IJ .,.....o ..; .. or l( Ill~ 0 1aw ( om .5 O'l ~ C\1 c.D C\1 ~ c ] ~ l a --l 378 379 ..--1'- -.;f"O O(X) COo o.._ ..--...... 00 1'-.• ~.$ ...... co .§ 0 0... R5 ORDINANCES COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amendment proposing to modify the CD-2 District regulations in order to allow self warehouses as a Conditional use in certain areas of the Ci 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: 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 March 20, 2013 Land Use Committee meeting was cancelled and the next Land Use Committee meeting occurs on April 22, 2013, the Administration recommends that the City Commission open and continue the item to a date certain of May 8, 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 Amount Account Funds: 1 2 3 OBPI Total Financial Impact Summary: The proposed ordinance is not expected to have a significant financial impact. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney MIAMI BEACH 381 AGENDA ITEM --=...,R..;_5_A..,.....:-_,.. DATE lf-11-13 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 Me FROM: Jimmy L. Morales, City Manager DATE: April17, 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 May 8, 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 March 20, 2013 Land Use and Development Committee for discussion, prior to 2nd reading. However, the March 20, 2013 Land Use Committee meeting was cancelled and the subject item was moved to the April 22nd Land Use Committee meeting. As the April 22nd, 2013 Land Use meeting is after the April 17, 2013 Commission meeting the administration is recommending that the matter be opened and continued to the May 8, 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 ih 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. 382 Commission Memorandum CD-2 Self Storage April 17, 2013 ANALYSIS Page 2 of 3 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 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 (ORB) 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 1 U.S. Census Bureau, "Industry Statistics Sampler," www.census.gov/econ/industrv/def 383 Commission Memorandum CD-2 Self Storage Apri/17, 2013 Page 3 of 3 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 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 May 8, 2013. JLM/KGB/JGG/R~tn-RM T:\AGENDA\2013\April 17\CD-2 Self Storage -MEM Open & Continue.docx 384 C0-2 SELF STORAGE 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 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. WHEREAS, 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 ; and WHEREAS, the CD-1, Low Intensity, zoning district, a less intense zoning classification than the CD-2, Commercial, Medium Intensity zoning district already allows for "Warehouses" as Conditional Uses; and WHEREAS, it is appropriate to update the actual list of Conditional Uses within the CD-2, Commercial, Medium Intensity, zoning district by adding "Self-Storage Warehouses" as Conditional Uses; and WHEREAS, changing the actual list of Conditional Uses within the CD-2, Commercial, Medium Intensity, zoning district by adding "Self-Storage Warehouses" as Conditional Uses is necessary to ensure the that new development is compatible and in scale with the built environment, and is in the best interest of the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. City Code Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 5, CD-2 "Commercial, Medium Intensity District," Section 142-303, "Conditional Uses," is hereby amended as follows: Sec. 142-303. Conditional Uses. The conditional uses in the CD-2 commercial, medium intensity district are adult congregate living facilities; funeral home; nursing homes; religious institution; pawnshops; video game arcades; public and private institutions; schools; any use selling gasoline; new construction of structures 50,000 square feet and over (even when divided by a district boundary line), which review shall be the first step in the process before the review by any of the other land development boards; outdoor entertainment establishment; neighborhood impact establishment; open air entertainment 1 U.S. Census Bureau, "Industry Statistics Sampler," www.census.gov/econ/industrv/def (5/4/2011) 385 establishment; self-storage warehouses; and storage and/or parking of commercial vehicles on a site other than the site at which the associated commerce, trade or business is located. See section 142-1103. Street; 3. Those properties within the Sunset Harbour area, generally bounded by Bay Road, Dade Boulevard and West Avenue. Additionally, self-storage warehouses shall follow the Development Regulations for "self- storage warehouse" in Section 142-306 and Setback Reguirements in 142-307. SECTION 2. City Code Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 5, CD-2 "Commercial, Medium Intensity District," Section 142-306, "Development Regulations," is hereby amended as follows: Sec. 142-306. -Development regulations The development regulations in the CD-2 commercial, medium intensity district are as follows: Maximum Minimum Minimum Minimum Average Maximum Maximum Floor Lot Area Lot Width Apartment Apartment Building Number Area Ratio (Square Feet) (Feet) Unit Size Unit Size Height of Stories (Square Feet) (Square Feet) (Feet) 2 of 5 386 1.5 Commercial-Commercial-Commerciai-N/A Commerciai-N/A 50 (except as 5 (except as None None New construction-New construction-provided in provided in Residential-Residential-50 550 800 section 142-section 142- 7,000 Rehabilitated Rehabilitated 1161.Self-1161 buildings--400 buildings-550 storage Non-elderly and Non-elderly and warehouse- elderly low and elderly low and 40 feet, Self-storag!i! moderate income moderate income excegt that warehouse-housing: See housing: See the building ~. section 142-1183 section 142-1183 height shall Hotel unit: Hotel units-N/A be limited tQ 15%: 300-335 25 feet within 85%: 335+ 50 feet from the rear grogert¥ line for lots abutting an aile¥; and within 60 feet from a residential district for blocks with no aile¥. Notwithstanding the above regulations. the maximum floor area ratio (FAR) for "self- storage warehouse" shall be 1.5. The floor area ratio provision for mixed use buildings in section 142~307(d}(2) shall not apply to self~storage warehouse development SECTION 3. City Code Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 5, CD-2 "Commercial, Medium Intensity District," Section 142-307 "Setback requirements," is hereby amended as follows: (a) The setback requirements for the CD-2 commercial, medium intensity district are as follows: Front Side, lnteri e, Facing Rear Street At-grade 5 feet 5 feet 5 feet 5 feet parking lot on the same lot Pedestal and tower (non- oceanfront) If abutting an alley-0 feet 0 feet 0 feet 0 feet 1 0 feet when 1 0 feet when 5 feet Residential uses shall abutting a abutting a 10 feet when abutting follow the RM-1, 2, 3 residential residential district, a residential district setbacks district, un-less separated unless separated by a (See sections 142-otherwise none by a street or street or waterway in 156, 142-218 and 142-Residential waterway which case it shall be 247 uses shall otherwise none 0 feet. Residential 3 of 5 387 follow the RM-Residential uses uses shall follow the 1,2, 3 shall follow the RM-1, 2, 3 setbacks setbacks RM-1,2,3 (See sections 142- (See sections setbacks 156, 142-218 and 142-156, 142-(See sections 142-247 218 and 142-142-156, 142-218 247 and 142-247 Pedestal and Pedestal-15 feet Commercial Commercial 25% of lot depth, 75 tower Tower-20 feet+ 1 uses-1 0 feet uses-1 0 feet feet minimum from (oceanfront) foot for every 1 foot Residential Residential uses the bulkhead line increase in height uses shall shall follow the whichever is greater above 50 feet, to a follow the RM-RM-1, 2, 3 Residential uses shall maximum of 50 feet, 1, 2, 3 setbacks follow the RM-1, 2, 3 then shall remain setbacks (See sections setbacks constant. Residential (See sections 142-156, 142-218 (See sections 142- uses shall follow the 142-156, 142-and 142-247 156, 142-218 and RM-1, 2, 3 setbacks 218 and 142-142-247 (See sections 142-247 156, 142-218 and 142- 247 -(b) The tower setback shall not be less than the pedestal setback. (c) Parking lots and garages: If located on the same lot as the main structure the above setbacks shall apply. If primary use the setbacks are listed in subsection 142-1132(n). (d) Mixed use buildings: Calculation of setbacks and floor area ratio: (1) Setbacks. When more than 25 percent of the total area of a building is used for residential or hotel units, any floor containing such units shall follow the RM-1, 2, 3 setback regulations. (2) Floor area ratio. When more than 25 percent of the total area of a building is used for residential or hotel units, the floor area ratio range shall be as set forth in the RM-2 district. (3) The maximum floor area ratio (FAR) for "self-storage warehouse" shall be 1.5. The floor area ratio provision for mixed use buildings in section 142- 307(d}(2} above shall not applv to self-storage warehouse development {§} Notwithstanding the above setback regulations, "self-storage warehouse" in this district shall have the following setbacks: ill Front - 5 feet. @ Side facing a street - 5 feet. .Ql Interior side-7.5 feet or 8 percent of the lot width. whichever is greater; ffi Rear -for lots with a rear property line abutting a residential district the rear yard setback shall be a minimum of 25 feet for lots with a rear property line abutting an alley the rear setback shall be a minimum of 7.5 feet. SECTION 4. City Code Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 5, CD-2 "Commercial, Medium Intensity District," Section 142-308" Additional regulations for new construction," is hereby amended as follows: {21 In the CD-2 district, all floors of a building containing parking spaces shall 4 of5 388 incorporate the following: * * * .(Q} In the CD-2 district each side of the first floor frontage of a self-storage warehouse building facing a street or sidewalk, shall include office, retail or commercial uses. Not less than 60% of each street frontage shall consist of office, retail or commercial uses, and the remaining portion of each street front shall consist of non-commercial, recessed display areas or similar treatment The Design Review Board or Historic Preservation Board, as applicable, may permit a lesser amount of office, retail or commercial frontage, if it is determined that site conditions warrant a reduction. In the event a lesser portion of office, retail or commercial space is permitted. the remaining portion of each street front shall consist of non-commerciat recessed display areas or similar treatment. SECTION 5. 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 6. 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 7. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 8. 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: May 8, 2013 Underscore denotes new language Verified by:--------- Richard G. Lorber, AICP, LEED AP Acting Planning Director T:\AGENDA\2013\April 17\CD-2 Self Storage -ORO Open & Continue.docx 5 of5 389 City Attorney MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION Date THIS PAGE INTENTIONALLY LEFT BLANK 390 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,n 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 Reoealer, 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) signs. Considering that the Marine Patrol station is adjacent to the area there is no increase in enforcement costs. City Clerk's Office Legislative Tracking: Debbie Turner Si n-Offs: City Attorney T:\AGENDA\2013\Aprii17\No Wake Zone.Summ.doc MIAMI BEACH 391 0 58 AGENDA ITEM _:.,.r"_....:.;__ DATE 'f~/7..,/.3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Honorable Mayor Matti Herrera Bower s of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: AN ORDINANCE OF THE MAYOR A 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. 392 No Wake Zone I Slow Speed Zone Second Reading and Public Hearing City Commission Meeting April17, 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 ofthe 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. On March 13, 2013, the City Commission passed the Ordinance on first reading and the Administration is presenting the item for consideration on second reading. 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 in 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 authorized by Section 327.46, F.S. for boating safety reasons. The Administration recommends approval of the Ordinance on second reading. JLM\MAS T:\AGENDA\2013\Aprii17\No Wake Zone.MEM.doc 393 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. 394 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 ~~I, 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 subject 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 the vessel or any other vessel or object that it has undertow. "Idle Speed, No Wake Zone" means an area of a waterway in which a vessel cannot proceed at a speed greater than that specified by the Idle Speed No Wake definition. "No wake" means that vessel speed which is the minimum required to maintain headway and does not produce a wake. "Regulatory marker" means a device used to alert the mariner to various regulatory matters such as horse!::9wer. speed, wake, or entrv restrictions in confom1ity with the Uniform State Waterway Marking System and the United States Aids to Navigation System. Part 62 of Title 33 of the Code of Federal Regulations. "Slow Speed" and "Slow Speed, Minimum Wake" indicates a boating restricted area which has been established to protect the safety of the public. The terms may be used interchangeably and mean that a ~ must be fully off plane and completely settled into the water. The vessel must then proceed at a speed which is reasonable and prudent under the prevailing circumstances so as to avoid the creation of an excessive wake or other hazardous conditions which endanger or are likely to endanger other \te:SSels 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. 2 395 "Vessel" is synonymous with boat as referenced in s. 1{b), Art. VII of the State Constitution and includes every description of watercraft barge, and airboat other than a seaplane on the water, used or capable of being used as a means of transportation on water, "Vessel wake" means the movement of waves created by the motion of the vessel. It is the track or path that the vessel leaves behind. Vessel operators shall be responsible for their own wake and liable for any damage it may cause. "Wake" means when used in conjunction with a numerical size limit all changes in the vertical height of the water's surface caused by the passage of a vessel including, but not limited to, a vessel's bow wave, stern wake, and propeller wash, measured from the ambient tide level to the crest of the vessel's wake at a distance of not less than 25 feet from the vessel. Section 66-43. Restricted Areas. A. The areas of enforcement of the provisions of this Ordinance shall be all public navigable waters, creeks, lakes, canals and channels, as provided herein, whether natural or manmade, located within the boundaries described below for the purpose necessary to protect the safety of the public as such restrictions are necessary based on boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational hazards in compliance with Section 327A6, Florida Statutes. B. Idle Speed, No Wake Zi':ones shall be established at the following locations: 1l Within a 500 feet radius around tl:le fuel pump within the Miami Beach M§rina located at 300 Alton 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. 2~) 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;;:;ones shall be established: 1l Within a 300 foot radius of the south side of the bridge connecting Belle 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 approximate center of Sunset Island IV, and east of Rive Alto Island, excluding the shoal area north of bounded i¥ Markers 3, 4, and 5, and bounded to the north by-a the imaginary line which is 3 396 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 bv state law, specified in Chapters 68D- 23.1 08 and 68D-23.1 09, Florida Administrative Code. No person shall be charged with a violation of 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 943.10, Florida Statutes and in accordance with Section 327.70, Florida Statutes. Pursuant to Section 327.73, Florida Statutes, any person cited for a violation of any provision of this Ordinance shall be deemed to be charged with a noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court. The civil penalty for any such infraction is $50, except as otherwise provided by statute. SECTION 2. SEVERABILITY. If any section, sentence, clause, or word of this section is for any reason declared to be unenforceable or unconstitutional by a court of competent jurisdiction, the remaining portions shall not be affected. 4 397 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:IATTO\TURN\ORDINANC\No Wake Zones-2012.docx 5 398 MATTI HERRERA BOWER MAYOR APPROVED AS TO FORM & LANGUAGE F ~ci~ 1{4[0 EYc;r DATE w (Q (Q LEGEND IDLE SPEED, NO WAKE ZONE SLOW SPEED, MINIMUM WAKE ZONE ~-'~-'~"""'""'to Sec. 66-43 ?ff ~ ;&WJ ~: H I ~-:-< I BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING OOTICE IS HEIIE!IY given that a public hewing will be held by the Mayor and City Commission ollhe City of Miami Baach, Florida, in the Commission ChamiJers, a>' floor, City Hall, 1/00 ConventiM Ganter Drive, Miami Beach, Florida, on WeciMsday, Apr!IU, 21113, at 11:00 am. to ccnsider an Ordinance Amending The Code Of The Of Miami Bear.h, By Amending Chapter 66, Entitled "Marine Struclures, Facilities And Vehicles," By Amending Article II, To Be Entitled Zones," To Create Regulations For Bestrlcted Wake Zones; F& A Purpose; Providing For Definitions; Providing For Bestrictad Areas; Providing For Posting Of Regulatory Markers; Providing H:lr Providing H:lr Enforcement And Penaltioo; Providing F!lf Repealer, Severability, Codification, And An Effective !late. Inquiries may be directed to the City Manager's Olfice at {305) 673-701 o. INTERESTED PARTIES are lnvtted io app!l!lr at this meeting, or be represented by an agent, or to express their vieWB in writing addressed to the Crty Commission, c/o the City Clerk, 1700 Convention canter llrive, 1~ Floor, City Hall, Miami Beach, Florida 33139. A copy of this Item is available tor public inspP.ction during normal business hours inlhe City Clerk's Office, 1700 COnvention Center Drive, 1" Floor, City Hall, Miami Beech, Florida :13139. This meeting may be continued, and umJer such circumstances addiUonallegal notice will not be provided. Refuel E. Granado, City Clerk City of Miami Beech Pursuant to Section 286.0HJ5, Fla. Slat, tile City hereby advises lhe oublic that: il a person decides to appeal any decision made by the City CMnmissiM wilh respect to any matter considere.:J at its meeUnq or its 11earing, such pernon must ensure that a verbatim record of t11e "'"'""riio''" is made, which record includes the testimony and evidence upon which t11e appeal is to be based. This notice does not constitute 1:1lnoont the City lor !he inlmduGtion or admission ol otherwise inadmissible or irrelevant evidence, nor doos it authorize r.hallenges or appeals not otherwise allowod by law. To request this material in accessible tormat, sign larll)uage interpreters, information on access lor persons with disabilities, and/or any accommodation to review any document or City-sponsored proceeding, please runiact us live days in advance at (305) 673-7411 (voice) or TTY users may also call Service at 711, Ad#769 400 PUBLISHED DAIL \' MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF MIAMI-DADE Before the undersigned authority personally appeared: ffiiSVIERA Who on oath. says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: March 2013 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida each day ami has been entered as second class mail matter at the post office in Miami, in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or. corporation any discount, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). Sworn to and subscribed before me this 281h day of March, 2013 My Commission -"'""·""' 1, Silvia Sendra SILVIA SENORA 1' 20~4 tlr.di!F¥1:crs 401 Tl!E MiAMi HERALD I MiamiHemld.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING THURSDAY, APRIL 4, 2~13 I 11NE NOTICE IS llEIIEBY wven that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in llle Commission Chambers, 3'' lloor, City Hall, 1/UO Convention Center Drive, Miami Beach, Florida, on Welillemlay, AJ!ril 17,21113, at 11:00 a.m. to consider an Ordinance Amending The Code OIThe City Of Miami Beach, By Amern:Jing Chapter 66, Entitled "Marine Structures, Facilities And Vehir;les," lly Amsnding Article II, To Be Entitled "Restricted Wake Zones," To Create Rlr Restricted Wake Zones; Rlr A Purpose; Providing For Definitions; Providing Rlr flei!lricted Arm1s; Providing For Poi!ling Regulatory Mfllilers; Pruviding For Exemptions; Providing For Enforeemenl And Penalties; Providing Rlr Repealer, Sevembility, CoditiGation. J\nd J\!1 Effective Dale. Inquiries may be directed lo the City Manager's Office at (305) 673-7010. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing lllldrossod to llle City Commission, Glo the City Clerk, 1700 Convention Center Drive, 1~ Floor, City Hall, Miami Beach, Ronda 33139. A copy of this item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Genter Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued, and under such circumstances additional legal notioo will not be provided. Rafael E. Granllllo, City Clerk City llf Miami Beach Pursuant to Ser.tion 286.0105, Fla. Stat., ttm City hereby rull'ises the public that: il a J)llrson decides to appeal any decision mlllle by the City Commission witllmspectto any matter corsidered at its meet1ng or its heeling, such person must ensure that a V1lrbatim racmd llf the proceedings is made, which record includes tile testimony and evidence which the appeal is to be besed. This notice does not constitufu consent by the City lor the introduction or admission at otherwise or irrelellilllt Nidence, nO( does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible formal, sign language interpreters, information on access tor persons w~h disabilities, and/or MY accommodation to review any document or participate in any City-sponsored proceeding, please oonlllct us tive days in advance at (305) 673-7411 (Voioo) or m users may also call the Florida Fie lay Service at/11. J\0#700 402 PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF MIAMI-DADE Before the JEANNETTE MARTINEZ Who on oath says that he/she is CUSTODIAN OF RECORDS • • tam\ of The Miami a newspaper at Miami in Miami-Dade County, that the attached copy of advertisement was in said newspaper in the issues of: April 4, 2013 Affiant. further says that the said The Miami Herald is a newspaper at in the said Miami-Dade Florida and that the said been entered as second class mail matter at the office in 403 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 12 Of The Miami Beach City Code, Entitled "Arts, Culture And Entertainment," By Amending Article I Thereof, Entitled "Film And Print Production Permits," By Amending Section 10 Entitled "Enforcement"; And Providing For Repealer, Codification, Severability, And An Effective Date. Key Intended Outcome Supported: Diversify Business Base in Miami Beach Supporting Data (Surveys, Environmental Scan, etc.): In 2012 the City issued 1,004 total film and print permits. Of I those, 54 separate entrees for locations in single family homes with a total of 182 days in totaL Item Summary/Recommendation: On April 18, 2001, the City Commission adopted Ordinance No. 2001-3303 which established procedures and criteria for the issuance of film permits in the City. At the same time, the City Commission adopted a companion Resolution that established Film and Print Guidelines. The guidelines, while somewhat burdensome and cost prohibitive to some productions, are designed to maintain the integrity of a neighborhood, and have become a model other communities have referenced when trying to create their own. As you know, the City has been reviewing the City Code to standardize and streamline enforcement provisions. The Film and Print Ordinance is a section that would be more appropriately addressed through a set fine schedule. A violator can elect to pay the fine as outlined in the established fine schedule, or request an administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer which resulted in the violation being issued. This will ensure that the violator is still afforded due process. The Ordinance was approved on first reading and referred to the Neighborhood/Community Affairs Committee (NCAC) to discuss enhanced penalties between first and second reading. The attached Ordinance was prepared in response to the direction given at the February 6, 2013 City Commission meeting. Section 1 O(a) imposes fines for film and print activity without a permit. Violations of this section carry a $1,000 fine for the first offense, a $3,000 fine for the second offense and a $6,000 fine for a third offense within a 12 month period. Section 1 O(b) sets a fine schedule for violations of conditions imposed as part of a valid film and print permit. Violations of this section carry a $500 fine for the first offense, a $1,500 fine for the second offense and a $3,000 fine for a third offense within a 12 month period. Section 1 O(e) includes enhanced penalties that require the film and print production to immediately terminate upon confirmation of a violation by the City's Police Department and Code Compliance Division; the violation must also be issued to the property owner and the production company, who shall be joint and severally liable for the violation; and the City Manager MUST not issue any new permits to the production company for a period of 12 months. The Neighborhood and Community Affairs Committee discussed this matter at their March 18, 2013 meeting and approved a motion to tighten the ordinance and move it to the City Commission for consideration. Advisory Board Recommendation: Neighborhood and Community Affairs Committee discussed this item on April 24, September 24, 2012, October 15, 2012, November 19, 2012 and March 18, 2013. The Production Industry Council (PIC) has reviewed amendments to the guidelines at numerous meetings since January 2012. Financial Information: Source of Funds: OBPI ncial Impact Summary: Amount City Clerk's Office Legislative Tracking: Assistant City Manager Account City Manager ~~~-----4~--~~~------~~~~-4----~--~ T: E Amendment SUMM doc.docx H 404 AGENDA ITEM DATE ---4--1-$..-..J~"' 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 Jimmy L. Morales, City Manager April 17, 2013 FIRST READING AN ORDINANCE OF THE MAY AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE MIAMI BEACH CITY CODE, ENTITLED "ARTS, CULTURE AND ENTERTAINMENT," BY AMENDING ARTICLE I THEREOF, ENTITLED "FILM AND PRINT PRODUCTION PERMITS," BY AMENDING SECTION 10 ENTITLED "ENFORCEMENT"; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Following the approval of the Film and Print Guidelines at the February Commission meeting, and with direction from the Neighborhood and Community Affairs Committee at the March 18, 2013 meeting, staff recommends approval of the proposed amendments to the Film and Print Ordinance on first reading, strengthening the enforcement language and penalizing those cited for filming without a permit. KEY INTENDED OUTCOME SUPPORTED Maximize Miami Beach as a Destination Brand. BACKGROUND On April 18, 2001, the City Commission adopted Ordinance No. 2001-3303 which established procedures and criteria for the issuance of film permits in the City. At the same time, the City Commission adopted a companion Resolution that established Film and Print Guidelines. The Film & Print guidelines outline insurance, indemnity and application requirements; basic requirements for Police and other municipal services; do's and don'ts of filming; restrictions; and requirements. They also include requirements for residential production requests, as well as more detailed enforcement policies. These guidelines have been designed to allow the City flexibility in the coordination of productions. Rarely are productions "cookie cutter" in nature, and flexibility in the review and approval process allows City staff to be proactive and responsive in accommodating the varying needs of this industry, while mitigating any impacts of the production on the neighborhood(s). The Tourism and Cultural Development Department, Office of Film and Special Events, is responsible for facilitating compatible production and, with the oversight of the City Manager's office, issues Film and Print Permits. The Office serves the needs of the City's thriving production community while safeguarding the City's neighborhoods and businesses. The Office of Film and Special Events issues close to 1000 film permits each year and is an information resource to productions, businesses and residents alike. Film and Print production is a coveted industry, responsible for substantial direct and indirect economic impact to Miami Beach. In 2012, the City's Film and Print Office issued a record 1022 permits for over $110 Million reported in Miami Beach alone, an upswing largely credited to the State of Florida's Film and Entertainemnt Incentive, which the City lobbied to achieve. Projects filmed in Miami Beach last year included features "Pain and Gain" and "Iron Man 3" as well as television series "Burn Notice" and "Magic City." The images taken here in all mediums are transmitted throughout the world and are a true engine for our tourism destination. 405 City Commission Meeting Film and Print Ordinance Proposed Amendments April 17, 2013 Page 2 At the February 6, 2013 Commission meeting, a compromise between the production industry and residents was reached and the Film and Print Guidelines were adopted. PROPOSED FILM & PRINT ORDINANCE AMENDMENTS As you know, the City has been reviewing the City Code to standardize and streamline enforcement provisions. The Film and Print Ordinance is a section that would be more appropriately addressed through a set fine schedule. A violator can elect to pay the fine as outlined in the established fine schedule, or request an administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer which resulted in the violation being issued. This will ensure that the violator is still afforded due process. This item was heard on first reading on February 6, 2013. The Ordinance was introduced and staff explained that the ordinance solely focuses on penalties and enforcement provisions to mirror other sections of the City Code. Commissioner Weithorn suggested that there should be enhanced penalties for productions that do not have a permit and perhaps be banned for one year before they can obtain a permit. Commissioner Weithorn further stated that her concern is with individuals or companies that do not follow rules; they should be fined with severe penalties, in order to obtain full compliance. Discussion continued regarding penalties to the homeowners that rent houses for film and print productions without permits and Mayor Bower requested that penalties be enforced to homeowners that rent properties as well. The Ordinance was approved on first reading and referred to the Neighborhood/Community Affairs Committee (NCAC) to discuss enhanced penalties between first and second reading. The Attached draft Ordinance was prepared in response to the direction given at the February 6, 2013 City Commission meeting. Section 1 O(a) imposes fines for film and print activity without a permit. Violations of this section carry a $1,000 fine for the first offense, a $3,000 fine for the second offense and a $6,000 fine for a third offense within a 12 month period. Section 1 O(b) sets a fine schedule for violations of conditions imposed as part of a valid film and print permit. Violations of this section carry a $500 fine for the first offense, a $1,500 fine for the second offense and a $3,000 fine for a third offense within a 12 month period. Section 1 0( e) includes enhanced penalties that require the film and print production to immediately terminate upon confirmation of a violation by the City's Police Department and Code Compliance Division; the violation must also be issued to the property owner and the production company, who shall be joint and severally liable for the violation; and the City Manager MUST not issue any new permits to the production company for a period of 12 months. The Neighborhood and Community Affairs Committee discussed this item at their March 18, 2013, meeting and recommended to tighten the ordinance and move it to the City Commission for consideration. CONCLUSION The Administration recommends approving the proposed ordinance on first reading and scheduling the public hearing and second reading for May 8, 2013. KB/MAS/GW F:\INFO\$ALL\Max\TCD\CMO\Tourism\Film and Print\Film and Print ORDINANCE Memo April.docx 406 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE MIAMI BEACH CITY CODE, ENTITLED "ARTS, CULTURE AND ENTERTAINMENT," BY AMENDING ARTICLE I THEREOF, ENTITLED "FILM AND PRINT PRODUCTION PERMITS," BY AMENDING SECTION 10 ENTITLED "ENFORCEMENT"; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (the "City") declares that it is in the interest of the citizens of Miami Beach to ensure that film productions are compatible with the City, which is a major and internationally recognized tourist destination; and WHEREAS, the Administration recognized that specific measures need to be taken in order to minimize the disruption and impact to surrounding residential inhabitants and business entities; and WHEREAS, the Administration has reviewed the enforcement provisions that are applicable for film and print production permit violations, and is recommending necessary amendments which shall establish appropriate fines and penalties against those individuals who violate the requirements of Article I of the City Code; and WHEREAS, the Administration and City Attorney's Office recommends amending the enforcement provisions for violations of Section 12-1, which are necessary to accomplish the above objectives. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Article II, entitled, "Special Event Permits," of Chapter 12 of the Miami Beach City Code, entitled Arts, Culture and Entertainment, is hereby amended as follows: CHAPTER 12 ARTS, CULTURE & ENTERTAINMENT * * * ARTICLE I. FILM AND PRINT PRODUCTION PERMITS * * * Sec. 12-1. -Film and print production permits. The city manager or the manager's designee, shall have the authority to issue, modify or revoke permits for film and print productions, in accordance with criteria set forth in this section and the film and print regulations approved by separate resolution of the city commission. 407 (1) [Unlawful without permit.] Except for filming by individuals for personal or educational use, and "professional journalists" collecting, photographing, recording, or reporting "news," as such terms are defined in F.S. § 90.5015, it shall be unlawful to engage in film and print production activities on public property, residentially zoned (private) property, or in film and print activities that require any city services, without a film and print permit. (2) [Additional regulations and conditions may be imposed.] The city manager or the manager's designee may impose additional reasonable regulations and conditions to a specific permit to ensure the public health, safety and welfare, and peaceful enjoyment of surrounding residents and businesses, at any time. (3) [Application needed.] Individuals or businesses wishing to conduct film, television, video and/or photography projects on public property, private residential property, or any location that impacts or requires city services, must apply in advance to the city, providing a completed application, including proof of insurance and indemnification, as required by the film and print regulations, and receive a permit, before any film or print production activity may commence; (4) City services. Upon receipt of a completed permit application, the permit will be reviewed to determine what, if any, city services will be required. Requirements may vary for each production. The city manager or the manager's designee, in their discretion, may require additional city services and/or monetary deposits not specifically listed or codified. (5) Film and print regulations. The mayor and city commission may adopt by resolution film and print regulations and the city manager or the manager's designee will administer the regulations as they pertain to film and print productions working within the city. The manager may authorize amendments to the regulations proposed by the administration, and shall present such amendments to the city commission for approval, by resolution. (6) Code of conduct. The city code of conduct for film and print productions shall be distributed with all notification and/or signature forms. Copies are available in the office of arts, culture and entertainment. (7) Parking. All productions requiring prearranged parking must receive prior approval from both the parking department and the city manager or the manager's designee before a permit may be issued. Unless prior approval is received for specific requests, all production vehicles must park legally at all times. (8) Moratoria. The city manager or the manager's designee, at his sole discretion, is authorized to place a temporary moratorium on the issuance of film and print production permits for locations and/or neighborhoods which have experienced overuse as a result of high volume and/or heavy impact filming. The moratorium shall remain in effect for a maximum period of six months, but may be renewed for additional six-month periods if in the discretion of the manager, the impact of the prior filming activities in the area warrants extension. (9) Conflict with noise provisions. The city manager or the manager's designee, may issue a permit that authorizes filming in conflict with Chapter 46, Article IV, of this City Code, or other applicable noise ordinance, only where the applicant has met all of the city's requirements for obtaining a permit as prescribed in this division and the film and print regulations, and the filming cannot be performed in compliance with the applicable noise ordinance. Such a permit must specify the precise manner by which the noise ordinance 2 408 may be exceeded, by what duration, and at what locations. Such permit authorization may be modified or revoked if in the discretion of the manager, or designee, the authorization excessively negatively impacts the surrounding neighborhood. Having a permit shall not relieve the permit holder from compliance with all other applicable local, county, state or federal laws. (1 0) Enforcement. a. Permits shall be maintained at the site on V.'hich the photography or filming occurs. Upon the request of any police officer or code compliance officer of the city, the owner, lessee of the property or representative of the production company, shall produce such permit for inspection. b. Persons engaged in film and print activities 'Nithout a permit, or otherv;ise in violation of a permit, this section or the film and print regulations provided for herein, shall be subject to enforcement by city police or code compliance officers, through the issuance of immediate cease and desist orders, the violation of 'Nhich may subject the offender to arrest, and/or enforcement as provided for in section 1 14 of this Code, and/or notices of violation referred to special masters, who have authority to issue fines or enforce compliance, as provided for in Chapter 30 of this Code. Police or code compliance officers will coordinate enforcement •.vith the office of arts, culture and entertainment. As an alternate and supplemental remedy, the city may enforce this section by injunctive relief in any court of competent jurisdiction, and in such circumstance the city shall be entitled to recover its reasonable attorneys' fees and costs. For repeat offenders, the manager or designee may decline to issue permits to such person or entity for one year, or such other period as the manager deems appropriate. Enforcement and Penalties. (a) Civil fine for violators. The following civil fines must be imposed for a violation of Section 12-1(1 ), for those violations incurred for not obtaining a Film and Print Permit: (1) First offense committed for violation of Section 12-1{1), within a 12 month period must be a fine of $1000.00; (2) Second offense within a 12 month period must be a fine of $3000.00; (3) Third offense and subsequent offenses within a 12 month period must be a fine of $6000.00. (b) Civil fine for violators. The following civil fines must be imposed for a violation of this section, except for those penalties set forth in subsection (1 O)(a): (1) First offense within a 12 month period must be a fine of $500.00; (2) Second offense within a 12 month period must be a fine of $1500.00; (3) Third offense and subsequent offenses within a 12 month period must be a fine of $3000.00. (c) Enforcement. The Code Compliance Division or the Miami Beach Police Department shall enforce the provisions of this section. This shall not preclude other law enforcement agencies or regulatory bodies from any action to assure compliance 3 409 with this section, and all applicable laws. If an enforcing officer finds a violation of this section, the officer may issue a Notice of Violation to the violator. The Notice of Violation must inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, notice that the Violation may be appealed by requesting an administrative hearing within ten days after service of the Notice of Violation, and that failure to appeal the violation within the ten days, shall constitute an admission of the violation and a waiver of the right to a hearing. @ Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal. ill A violator who has been served with a Notice of Violation must elect to either: §..:. Pay the civil fine in the manner indicated on the Notice of Violation; or Q.. Request an administrative hearing before a special master to appeal the Notice of Violation, which must be requested within 10 days of the issuance of the notice of violation. ill The procedures for appeal by administrative hearing of the Notice of Violation shall be as set forth in sections 30-72 and 30-73 . .@} If the named violator, after issuance of the Notice of Violation, fails to pay the civil fine, or fails to timely request an administrative hearing before a special master, the special master mav be informed of such failure bv report from the officer. Failure of the named violator to appeal the decision of the officer within the prescribed time period must constitute a waiver of the violator's right to an administrative hearing before the special master, and must be treated as an admission of the violation, which fines and penalties to be assessed accordingly. ill A certified copy of an order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including lew against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the recording of any such lien that remains unpaid, the City may foreclose or otherwise execute upon the lien. @ Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. @l The Special Master shall be prohibited from hearing the merits of the Notice of Violation or the consideration of the timeliness of a request for an administrative hearing, if the violator has failed to request the administrative hearing within ten (1 0) days of the issuance of the Notice of Violation. ill The Special Master shall not have discretion to alter the penalties prescribed in subsection (1 O)(a) and (b). 4 410 .(§} Enhanced penalties. The following enhanced penalties must be imposed, in addition to any mandatory fines set forth in subsections (1 O)(a) and (b) above. for violations of this Section: ill Enhanced Penalties for Subsection (1 O)(a): @ The film and print production activity must be immediately terminated, upon confirming a violation has occurred, by the Miami Beach Police Department and the Code Compliance Division. fQl Violations for subsection {1 O)(a}, within a residential zoning district must be issued to the property owner and the production company, who shall be ioint and severally liable for the violation. ill The City Manager must decline to issue a Film and Print Production Permit to such person or entity that has violated this subsection within a 12 month period. The prohibition from receiving the Film and Print Production Permit must be for a one (1) year period of time. ill Enhanced Penalties for Subsection (1 O)(b): @ If the offense is a fourth offense within the preceding 12 month period of time, in addition to the fine set forth in subsection (1 O)(b), the property owner, production company or permittee must be prohibited from receiving a Film and Print Production Permit for a three (3) month period of time. fQl If the offense is a fifth offense within six (6) months following the fourth offense, in addition to any fine set forth in subsection (1 O)(b), the property owner, production company or permittee must be prohibited from receiving a Film and Print Production Permit for a six (6) month period of time. The property owner, production company or permittee must be deemed a habitual offender. ill The City Manager may decline to issue future Film and Print Production Permits to such person or entity that have been deemed habitual offenders pursuant to this section for a period of one year. or such other period of time acceptable to the City Manager. SECTION 2. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith 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 re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. 5 411 SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, provision 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 effect the validity of the remaining portions of this ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten (1 0) days following adoption. PASSED AND ADOPTED this ___ day of ________ , 2013. ATTEST: RAFAEL GRANADO, CITY CLERK Underline denotes additions Strikethrough denotes deletions MATTI HERRERA BOWER MAYOR 6 412 THIS PAGE INTENTIONALLY LEFT BLANK 413 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending Chapter 10 of the Miami Beach City Code entitled "Animals" by extending the pilot off leash program for dogs in South Pointe Park through and including December 31, 2013; amending the afternoon off-leash hours to between 6:00P.M. and 9:00P.M., Monday through Friday; and relocating the off-leash from the area back to its original location in the triangular area south and west of the Washington Avenue aza. porting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates residents rated the City's Recreation programs as either excellent or good. It ndation: There have been several Commission/ Committee actions related to extending the dogs off leash in South Pointe Park pilot program. The most recent include: February 13. 2013. the City Commission adopted an ordinance on first reading extending the South Pointe Park Dog Off-leash Pilot Program through and including June 30, 2013, and directed the Administration to amend the pending ORB application to install a hedge around the perimeter of the current dog off leash area in South Pointe Park by increasing the maximum height of the hedge from 24" to 42". March 5. 2013. the Administration's application for a hedge for the off-leash area in South Pointe Park was approved by the ORB with the following conditions are met (among others conditions); o A low hedge may be provided ... and shall be maintained at a maximum height of forty-two (42") inches ... o An alternative appropriate landscape material, such as Fakahatchee and/or Spartina, more consistent with the landscaping used throughout the park, and in a wider planting bed, shall be explored ... March 13. 2013. the second reading of the ordinance extending the South Pointe Park Dog Off-leash Pilot Program through and including June 30, 2013 was presented to the City Commission with motion being made to bring back the ordinance on first reading with amendments that change the location of the off- leash dog area back to the lighthouse area (its original location), amend the afternoon weekday off-leash hours to between 6:00P.M. and 9:00P.M., and extend the pilot program through and including June 30, 2013. These actions should be effective immediately. A second motion was approved directing the Administration to submit an application to the ORB incorporating native plant materials/grasses etc., in the lighthouse area to function as a natural environmental barrier and control. The Administration was also directed to meet with the community to discuss the relocation plan and the proposed landscape plan utilizing a combination of native materials/grasses. The Administration recommends ado tin the Ordinance Amendment on 1st Readin • Advisory Board Recommendation: Financial Information: Source of Funds: OBPI 2 Financial Impact Summary: Amount City Clerk's Office Legislative Tracking: s Department Director KS T:\AGENDA\2013\Aprii17\Animal Ordinance Amendment Off Leash Pilot MIAMI BEACH 414 Account AGENDA ITEM ----:;....;....:o...._,;::;;D--:-::: DATE l( -f7 -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 Me FROM: Jimmy L. Morales, City Manager DATE: April 17, 2013 FIRST READING SUBJECT: AN ORDINANCE OF THE MAYO 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 DECEMBER 31, 2013; BY AMENDING THE AFTERNOON OFF-LEASH HOURS IN THE DESIGNATED AREA FROM BETWEEN 4:00 P.M. AND 7:00 P.M. TO BETWEEN 6:00 P.M. AND 9:00 P.M., MONDAY THROUGH FRIDAY; AND RELOCATING THE OFF- LEASH AREA FROM THE AREA SOUTH AND EAST OF THE WASHINGTON AVENUE ENTRY PLAZA TO ITS ORIGINAL LOCATION IN THE TRIANGULAR AREA SOUTH AND WEST OF THE WASHINGTON AVENUE ENTRY PLAZA; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance Amendment on First Reading. KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs. INTRODUCTION At the January 28, 2009, Commission meeting, the Administration requested the matter of dogs off-leash in City parks and other public properties in general, be referred to the Neighborhood/Community Affairs Committee for discussion. This initial Neighborhood/Community Affairs discussion was held on February 17, 2009. Since that time there have been ongoing discussions as to how the City can find the proper levels of services that address the needs of our residents and guests who own dogs with those who do not. These discussions have focused on the development of "bark parks" (fenced in areas in parks specifically designed and designated for dogs to run off leash): access for the dogs to water from a beach or park edge; the provision of dog bag/ waste stations that are located throughout the city's parks, rights of way, Lincoln Road, the Beach walk and other public areas; and the establishment of off-leash access in the parks to areas which are unfenced/ unsecured where dogs would run off leash and beyond their owner's control. BACKGROUND There are presently a 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). 415 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited Apri/17, 2013 City Commission Meeting Page 2 of5 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 1 0 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 9:00A.M.) only in a specific, unenclosed area of South Pointe Park located in the triangular area where the public art was scheduled to be sited (south and west of the Washington Avenue entry plaza). The item was amended to clarify that a South Pointe Park Dog Off-leash Pilot Program would be for a trial period of six months, commencing only if/when Miami-Dade County amended Section 5-20 of their Code pertaining to animals. At the time of the City Ordinance approval, County Code prohibited dogs off leash except in authorized park areas. • May 4. 2010, the Miami-Dade County Commission adopted the ordinance amendment at their Board of County Commissioners meeting amending Section 5-20 of their Code pertaining to animals. • June 10. 2010. the initial South Pointe Park Dog Off-leash Pilot Program began. • February 3. 2011. the Neighborhood/Community Affairs Committee held a discussion concerning the South Pointe Park Dog Off-leash Pilot Program and recommended extending the trial period, as well as adding two (2) additional hours in the evening on Monday through Friday only (hours to be determined). They also discussed the concept of adding a hedge to surround the off-leash area once it returns to its permanent area (from where it had to be moved when the Lighthouse art sculpture was being installed). It was concluded that the item would return to Committee after the installation of the public art, and if the off-leash program was approved to continue, to discuss whether the off-leash area should move back to the original site, or remain at the current location (portion of west lawn). • October 19. 2011, the City Commission approved an ordinance on second/final reading that extended the pilot off-leash program until January 1, 2012, and added two (2) hours in the evening from 5:00P.M. To 7:00P.M., Monday through Friday. • 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 7:00 P.M. Monday through Friday and relocated the off-leash area to the west lawn, south and east of the Washington Avenue entry 416 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited Apri/17, 2013 City Commission Meeting Page 3 of5 plaza. The Commission also instructed the Administration to file an application to the Design Review Board (DRB) for the approval of a hedge in the newly established location. • March 6. 2012. the DRB held a hearing on the Administration's application for the approval of a hedge in the newly established location of the off-leash area in South Pointe Park. • March 13. 2012, DRB rendered an Order imposing conditions that effectively denied the Administration's request for a hedge by stating "there shall be no hedge to define the area" and the off-leash area "shall not be located in area #3, surrounding the arts in public places 'lighthouse project'." • April 11. 2012. the City Commission approved a resolution setting a public hearing, pursuant to Section 118-262 of the City Code, requesting a review of the Design Review Board decision rendered on March 13, 2012 (DRB File No. 22894) pertaining to the design review approval for a hedge for a City Commission designated off-leash dog area within the western portion of South Pointe Park. • May 9. 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 (DRB) for South Pointe Park was presented. At the conclusion of the discussion a motion was made by Vice-Mayor Libbin to continue the consideration of reversing the DRB Appeal to the June 6, 2012 Commission Meeting; seconded by Commissioner Exposito; Voice vote 6-1; Opposed: Commissioner Wolfson. • 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. In addition, a resolution setting forth an order (granting or denying) an appeal request by the City Manager of the City of Miami Beach, pertaining to a decision of the Design Review Board (DRB) for South Pointe Park was presented. Following a discussion the motion to support the appeal failed and the appeal of the DRB 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. 417 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited Apri/17, 2013 City Commission Meeting Page 4 of5 • November 14. 2012 ,_the City Commission: A) Adopted Resolution R7E 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 13. 2013. the City Commission adopted an Ordinance on first reading extending the South Pointe Park Dog Off-leash Pilot Program through and including June 30, 2013. Further, the Commission directed the Administration to amend the pending Design Review Board application to install a hedge around the perimeter of the current dog off leash area in South Pointe Park scheduled to be heard on March 5, 2013, by increasing the height of the hedge from a maximum of 24" to a maximum height of 42". • March 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. At the conclusion of the hearing the Design Review Board approved the application, finding that the project would remain consistent with the criteria and requirements of section 118-251 of the Miami Beach Code if the following conditions are met (among others conditions); o A low hedge may be provided to help delineate the perimeter of the off-leash dog area on the west, north and east sides, with strategically located access openings on these three sides. The hedge material shall be installed in substantial accordance to the plans submitted, and shall be maintained at a maximum height of forty-two (42") inches, in a manner to be reviewed and approved by staff in consultation with the Parks and Recreation Department. o An alternative appropriate landscape material, such as Fakahatchee and/or Spartina, more consistent with the landscaping used throughout the park, and in a wider planting bed, shall be explored, in a manner to be reviewed and approved by staff in consultation with the Parks and Recreation Department. • March 13. 2013, the ordinance extending the South Pointe Park Dog Off-leash Pilot Program through and including June 30, 2013 was presented to the City Commission for second reading and public hearing. The title of the ordinance was read into the record and the public hearing was held. Following a Commission discussion and substantial community resident input which supported the relocation of the off-leash area to back to the lighthouse area and the use of native grasses and other plant materials to serve as a control barrier around the designated off-leash area. 418 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited Apri/17, 2013 City Commission Meeting Page 5 of 5 At the conclusion of the discussion a motion was made to bring back the ordinance on first reading with the following amendments: 1) Change the location of the off-leash dog area back to the lighthouse area (its original location); 2) Amend the currently authorized afternoon off-leash hours in the designated area from between 4:00 P.M. and 7:00 P.M. to between 6:00 P.M. and 9:00 P.M., Monday through Friday; 3) The existing morning hours (sunrise to 10:00 A.M.) remain unchanged; 4) Extend the pilot program through and including June 30, 2013; 5) These actions should be effective immediately. A second motion was made and approved unanimously directing the Administration to file an application to the Design Review Board utilizes native plant materials/grasses etc., around the perimeter of the newly designated dog off-leash area in the triangular area south and west of the Washington Avenue entry plaza, to function as a natural environmental barrier and control. Additionally, the City Commission directed the Administration to meet with the community to discuss and gain input and comments concerning the relocation plan and the proposed landscape plan utilizing a combination of native materials/grasses. ANALYSIS As directed by the City Commission at their March 13, 2013 meeting the Administration relocated the off-leash area from the its location in the west lawn to its original location in the triangular area south and west of the Washington Avenue entry plaza where the lighthouse is located. Additionally, signs were installed in the new location posting the revised evening weekday hours of 6:00 P.M. to 9:00 P.M., Monday through Fridays. These changes were implemented on March 14, 2013. Additionally, as directed, the Parks Division has developed a concept plan that incorporates native and Florida friendly plant materials/grasses etc., in the lighthouse area to function as a natural environmental barrier and control to delineate the dog off-leash area around the lighthouse. This design was forwarded to the Planning Department staff for their review and comments. Please see the attached copy of the concept plan. Following the Planning Department's review, the Parks and Recreation Administration will meet with the residents of the South of Fifth Neighborhood Association, the South Pointe Parents Group, the SoFiK9s and others to discuss the relocated dog off-leash area, the landscape plan, and any other related issues. The Parks and Recreation Department Administration has also contacted the Planning Department regarding the filing of a Design Review Board application for review of the landscape plan around perimeter of the relocated (lighthouse) dog off-leash area. At this time it is anticipated the application will be heard at the June, 2013 Design Review Board meeting. CONCLUSION The Administration recommends the adoption of the proposed ordinance amendment extending the South Pointe Park Dog Off-Leash Pilot Program as presented on first reading. JLM/"tll ... lJS Attac 1£t T:\AGENDA \2013\April 17\Animal Ordinance Amendment Off Leash Pilot Program Extension -to 12-31-1st rdg MEMO.doc 419 28 CUBIC YAROS RECYCLED ROUND WOOD MULCH COLOR: PINE BARK BROVVN INSTALL DRiP IRRIGATION FOR ESTABUSHEMTENT AND EXTREME PERIODS OF DROUGHT ~QIJL:. ~FlORIDA NATIVE ~ . //' 0' ENTRA~.-~-,,""'/ 0' LANDSCAPE BUFFER (TYP.): Mumeno,,rala capillaris Hairawn Muhly bakeri Sand Cordgrass Patens 'Compacta' Dwarf Firebush GOVERNMENT CUT SOUTH POINTE PARK OFF-LEASH AREA PROPOSED HEDGE LANDSCAPE PLAN CITY OF MIAMI BEACH, FLORIDA 420 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 DECEMBER 31, 2013; AMENDING THE AFTERNOON OFF-LEASH HOURS IN THE DESIGNATED AREA FROM BETWEEN 4:00 P.M. AND 7:00 P.M. TO BETWEEN 6:00P.M. AND 9:00P.M. MONDAY THROUGH FRIDAY; AND RELOCATING THE OFF-LEASH AREA FROM THE AREA SOUTH AND EAST OF THE WASHINGTON AVENUE ENTRY PLAZA TO ITS ORIGINAL LOCATION IN THE TRIANGULAR AREA SOUTH AND WEST OF THE WASHINGTON AVENUE ENTRY PLAZA; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 5-20(d) 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 ... 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 5:00 p.m. to 7:00 p.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 afternoon from 4:00 p.m. to 7:00 p.m. on Monday through Friday, relocated the off-leash dog area to the area south and east of the Washington Avenue entry plaza, extended the off-leash pilot program to July 15, 2012; and directed the Administration to file an application with the Design Review Board ("ORB") for approval of a hedge in the new off-leash location; and WHEREAS, the ORB considered and denied the Administration's application for a hedge in the off-leash area in South Pointe Park on March 6, 2012 and the Administration appealed the decision to the City Commission where motions to grant and, alternatively, to deny the appeal failed on June 6, 2012; and 421 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 that the concept of a hedge be brought back to the City Commission for its consideration; 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 submit a new application for a hedge for the off-leash area to the Design Review Board ("ORB") 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 an application for a two foot hedge for the off-leash dog area in South Pointe 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 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 scheduled to be heard by the Design Review Board, but was continued to the ORB meeting of March 5, 2013 due to the lack of a full Board (4 of 7 members were present); and WHEREAS, on February 6, 2013, the City Commission approved an Ordinance on first reading to extend the off-leash Pilot program in South Pointe Park to June 30, 2013, and also instructed the Administration to amend the City's ORB application to provide for a hedge of 3 to 3 1/2 feet; and WHEREAS, at its March 5, 2013 meeting, the ORB approved the City's application for a landscape barrier of 3 to 3 1/2 feet in height for the off-leash dog area in South Pointe Park, subject to certain conditions; and WHEREAS, at the March 13, 2013 City Commission meeting, the City Commission directed that, due to safety concerns, a new ordinance should be brought to the City Commission on First Reading to move the off-leash area back to its original location in the triangular area south and west of the Washington Avenue Entry Plaza and that the afternoon hours should be changed from 4:00 p.m. to 7 p.m. to 6:00 p.m. to 9:00p.m. as set forth herein. 2 422 In addition, the City Commission directed that a new application for a landscape barrier for the relocated off-leash dog area be submitted by the Administration to the ORB; and WHEREAS, depending upon the Design Review Board's action and the City Commission's subsequent directives, an extension of the off-leash pilot program to December 31, 2013 is set forth 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; exception. 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-west of the Washington Avenue entry plaza, dogs may be off-leash from sunrise to 10:00 a.m. daily and from -4-§:00 p.m. to +-~: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. December 31, 2013. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. 3 423 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the day of _______ , 2013. PASSED and ADOPTED this day of ______ , 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK MATTI HERRERA BOWER MAYOR Underline denotes additions and strike through denotes deletions APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION i f F:IATTO\TURN\ORDINANC\Animal Ordinance Amendment Off Leash Pilot Program Extension-Amended.docx 4 424 THIS PAGE INTENTIONALLY LEFT BLANK 425 COMMISSION ITEM SUMMARY Condensed Title: Request Approval of Two (2) Ordinances Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Procedures For Vendor Preference as Follows: (1) An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Section 2-372 Of The Miami Beach City Code, Entitled "Procedures To Provide Preference To Miami Beach-Based Vendors In Contracts For Goods And Contractual Services," Specifically Amending Section 2-372(1)(B) And 2- 372(2)(B); And, (2) An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Section 2-374 Of The Miami Beach City Code, Entitled "Procedure To Provide Preference To Veterans In Contracts For Goods And Contractual Services," Specifically Amending Section 2-374 (2)(8); Providing For Codification, Repealer, Severability, And An Effective Date, Key Intended Outcome Supported: Diversify Business Base in Miami Beach Supporting Data (Surveys, Environmental Scan, etc.): 2009 Miami Beach Customer Survey ndicates 87% of businesses that rate the City of Miami Beach as one of the best, above average, or average places to run a business. Issue: Whether the City Commission should pass and adopt both Ordinances? Item Summary/Recommendation: At the March 18, 2013 meeting of the Neighborhood/Community Affairs Committee following discussion, a motion was approved to strengthen the Local and Veterans Preference Ordinances as follows: Local Preference Ordinance is recommended to be amended to: o require that bidders and proposers claiming local preference have a valid business tax receipt for at least one (1) year prior to the issuance of an invitation to bid, request for proposals, request for qualifications, requests for letter of interest, invitations to negotiate, or written requests for quotations (Bid); and o require that bidders and proposers claiming local preference have, for at least one ( 1) year prior to the issuance of a Bid, its headquarters in the City, or have a place of business located in the City at which it will produce the goods or perform the contractual services to be purchased. Both Local and Veterans Preference Ordinances are recommended to be amended to: o require that the preference, as stipulated in the ordinances, be applied by the Procurement Division at the completion of the allocation of points by the evaluation committee; and o restrict the preferences to only the applicable proposer or bidder. PASS AND ADOPT BOTH ORDINANCES Advisory Board Recommendation: At the March 18, 2013 meeting of the Neighborhood/Community Affairs Committee following discussion, a motion was made by Commissioner Libbin to strengthen the Local and Veterans Preference Ordinances. Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total City Clerk's Office Legislative Tracking: Alex Denis, ext. 6641 . JLM T:\AGENOA\20 3\April 17\Amendment to Local and Veterans Preference-Summary.doc MIAMI BEACH 426 AGENDA ITEM DATE Rs-E 4-17..-13 (9 M!AMlBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 FIRST READING SUBJECT: TWO (2) ORDINANCES OF TH MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PROCEDURES FOR VENDOR PREFERENCE: 1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 2-372 OF THE MIAMI BEACH CITY CODE, ENTITLED "PROCEDURES TO PROVIDE PREFERENCE TO MIAMI BEACH-BASED VENDORS IN CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES;" AMENDING SECTION 2-372(1)(b) THEREOF, TO REQUIRE THAT MIAMI BEACH-BASED VENDORS HAVE A BUSINESS TAX RECEIPT TO PROVIDE THE GOODS AND SERVICES REQUIRED UNDER A SUBJECT CITY BID FOR AT LEAST ONE (1) YEAR PRIOR TO THE ISSUANCE OF THE BID, AS WELL AS HAVE THEIR BUSINESS HEADQUARTERS, OR AN OFFICE OF THE BUSINESS, WITHIN THE CITY FOR A PERIOD OF AT LEAST ONE (1) YEAR PRIOR TO THE ISSUANCE OF THE BID; AND AMENDING SECTION 2-372(2)(b) TO LIMIT SUCH PREFERENCE ONLY TO PROPOSERS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 2. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 2-374 OF THE MIAMI BEACH CITY CODE, ENTITLED "PROCEDURE TO PROVIDE PREFERENCE TO VETERANS IN CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES"; BY AMENDING SECTION 2-374 (2){b) TO LIMIT SUCH PREFERENCE ONLY TO PROPOSERS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance Amendment on First Reading. KEY INTENDED OUTCOME SUPPORTED Diversify Business Base in Miami Beach. 427 Commission Memo Re Local and Veterans Preference Ordinances April 17, 2013 Page 2 of 2 BACKGROUND Both the City's Local Vendor Preference Ordinance No. 2011-3747 (Local Preference) and the Military Veterans Vendor Preference Ordinance No. 2011-3748 (Veteran's Preference) were passed and adopted on second reading by the Mayor and City Commission at its December 14, 2011 meeting. At the January 16, 2013 City Commission meeting, Commissioner Libbin requested further discussion to consider modification to the Local Preference and Veterans Preference Ordinances. Accordingly, the discussion was referred to the Neighborhood/Community Affairs Committee. At the March 18, 2013 meeting of the Neighborhood/Community Affairs Committee following discussion, a motion was approved to strengthen the Local and Veterans Preference Ordinances as follows: Local Preference Ordinance o To require that bidders and/or proposers (Bidders) claiming local preference have a business tax receipt for at least one (1) year prior to the issuance of an invitation to bid, request for proposals, request for qualifications, requests for letter of interest, invitations to negotiate, or written requests for quotations (Bid); and o For at least one (1) year prior to the issuance of a Bid, have its headquarters in the City, or has a place of business located in the City, at which it will produce the goods or perform the contractual services to be purchased. Both Local and Veterans Preference Ordinances o For the preference to be applied by the Procurement Division at the completion of the allocation of points by the evaluation committee; and o Restrict the preferences to only the applicable proposer or bidder. CONCLUSION The Mayor and City Commission hereby find and determine that it is in the best interest of the City to amend the City's Local Preference Ordinance, by requiring that Miami Beach-based vendors have a business tax receipt to provide the goods and services required under a subject City Bid for at least one (1) year prior to the issuance of the Bid, as well as have their business headquarters, or an office of the business, within the City for a period of at least one (1) year prior to the issuance of the Bid. Additionally, the Mayor and City Commission hereby find and determine that it is in the best interest of the City to amend the City's Veterans' Preference Ordinance, by limiting such preference only to the applicable proposer or bidder. The Administration recommends that the City Commission adopt the attached Ordinances amending the City's Local and Veterans Preferences. JLM/PDW/AD Attachment T:\AGENDA\2013\April 17\Amendment to Local and Veterans Preference-Memo.docx 428 ORDINANCE NO.---- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 2-372 OF THE MIAMI BEACH CITY CODE, ENTITLED "PROCEDURES TO PROVIDE PREFERENCE TO MIAMI BEACH-BASED VENDORS IN CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES;" AMENDING SECTION 2-372(1)(b) THEREOF, TO REQUIRE THAT MIAMI BEACH-BASED VENDORS HAVE A BUSINESS TAX RECEIPT TO PROVIDE THE GOODS AND SERVICES REQUIRED UNDER A SUBJECT CITY BID FOR AT LEAST ONE (1) YEAR PRIOR TO THE ISSUANCE OF THE BID, AS WELL AS HAVE THEIR BUSINESS HEADQUARTERS, OR AN OFFICE OF THE BUSINESS, WITHIN THE CITY FOR A PERIOD OF AT LEAST ONE (1) YEAR PRIOR TO THE ISSUANCE OF THE BID; AND AMENDING SECTION 2-372(2)(b) TO LIMIT SUCH PREFERENCE ONLY TO PROPOSERS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows: SECTION 1: That Chapter 2, Article VI, Division 3, Section 2-372 of the Miami Beach City Code is hereby amended as follows: ARTICLE VI. PROCUREMENT **** DIVISION 3. CONTRACT PROCEDURES **** Sec. 2-372. -Procedure to provide preference to Miami Beach-based vendors in contracts for goods and contractual services. (1) Definitions. For purposes of this section only, the following definitions shall apply: (a) Bid shall mean a competitive bid procedure established through the issuance of an invitation to bid, request for proposals (RFP), request for qualifications (RFQ), requests for letters of interest (RFLI), invitations to 429 negotiate CITN). or the solicitation of purchase orders based on oral or written quotations. (b) Miami Beach-based vendor means a bidder that ill has a valid oooupational lioensebusiness tax receipt issued by the City of Miami Beach for at least one (1) year prior to the issuance of a Bid, which authorizes said vendor to provide the subject goods and/or contractual services, and illl has. for at least one (1) year prior to the issuance of a Bid. its headquarters in the city, or has a place of business located in the city at which it will produce the goods or perform the contractual services to be purchased. The city manager shall administratively resolve any issues relating to a vendor's status as a Miami Beach-based vendor, and his/her decision on whether a vendor is a Miami Beach-based vendor shall be final. (2) Preference in purchase of goods or contractual services. (a) Invitations to bid; oral or written requests for quotations. Except where federal or state law mandates to the contrary, in the purchase of goods or contractual services by means of an invitation to bid or pursuant to an oral or written quotation, a preference will be given to a responsive and responsible Miami Beach-based vendor, who is within five percent of the lowest and best bidder, an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two or more Miami Beach-based vendors constitute the lowest bid for a competitively bid purchase, and such bids are responsive and otherwise equal with respect to quality and service, then the award shall be made to the Miami Beach-based vendor having the greatest number of its employees that are Miami Beach residents. Whenever two or more Miami Beach-based vendors have the same number of its employees that are Miami Beach residents, then the award shall be made to the Miami Beach-based vendor who is certified by Miami-Dade County as a minority or women business enterprise. (b) Requests for proposals; requests for qualifications; requests for letters of interest, invitations to negotiate. The city commission, or the city manager (in instances where such action has been delegated to the manager), in considering, determining, and/or approving the evaluation methodology, selection criteria, and/or other factors determined by the city to be applicable in the recommendation and selection of proposers submitting responses pursuant to an RFP, RFQ, Of RFLI, or ITN. as appropriate, shall include (as part of such evaluation methodology, selection criteria, and/or other applicable factors to be set forth and included within the RFP, RFQ, or RFLI document) and give an additional five points (where the evaluation methodology is based on a point system from 0-100 points), 430 or an additional five percent (where the evaluation methodology is based on a percentage system from 0-100 percent), to proposers, which are,--ef include as part of their proposal team, a Miami Beach-based vendor. The additional points shall be applied by the Cityls procurement division to Miami Beach-based vendors following the completion of the allocation of points by the evaluation committee. (3) Comparison of qualifications. The preferences established herein in no way prohibit the right of the city manager and/or the city commission, as applicable, to compare quality of materials proposed for purchase and compare qualifications, character, responsibility and fitness of all persons, firms or corporations submitting bids. Further, the preferences established herein in no way prohibit the right of the city manager and/or the city commission, as applicable, from giving any other preference permitted by law in addition to the preferences granted herein. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. 431 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the ____ day of _______ , 2013, which is 10 days after adoption. PASSED and ADOPTED this _____ day of _______ , 2013. Mayor ATTEST: City Clerk Letters or numbers that are stricken through are deletions from existing ordinance. Letters or numbers that are underlined are additions to existing ordinance. F:\AlTO\AGUR\RESOS-ORD\Local Preference Ordinance (Fina14-5-13).doc 432 APPROVED AS TO FORM & LANGUAGE & FOR,XECUTION ' ,. l41 4-t;,-l) ORDINANCE NO.---- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 2-374 OF THE MIAMI BEACH CITY CODE, ENTITLED "PROCEDURE TO PROVIDE PREFERENCE TO VETERANS IN CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES;" BY AMENDING SECTION 2-374 (2)(b) TO LIMIT SUCH PREFERENCE ONLY TO PROPOSERS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows: SECTION 1: That Chapter 2, Article VI, Division 3, Section 2-374 of the Miami Beach City Code is hereby amended as follows: ARTICLE VI. PROCUREMENT **** DIVISION 3. CONTRACT PROCEDURES * * * * Sec. 2-374. -Procedure to provide preference to veterans in contracts for goods and contractual services. (1) Definitions. For purposes of this section only, the following definitions shall apply: (a) Bid shall mean a competitive procedure established by the city through the issuance of an invitation to bid (ITB), request for proposals (RFP), request for qualifications (RFQ), request for letters of interest (RFLI), invitations to negotiate f!TiiL or the solicitation of purchase orders based on oral or written quotations. (b) Certified service-disabled veteran business enterprise means an independently owned and operated business, domiciled in Florida, and as further defined under Section 295.187(3)(c) of the Florida Service-Disabled Veteran Business Enterprise Opportunity Act, as same may be amended from time to time, that has been certified by the Florida State Department Management Services to be a service-disabled veteran business enterprise. (c) Service-disabled veteran means a veteran who is a permanent Florida resident with a service-connected disability, as determined by the United States Department of Veterans Affairs, or who has been terminated from military service by reason of disability by the United States Department of Defense. (d) Service-disabled business enterprise means an independently owned and operated business, domiciled in Florida, and as further defined in Section 433 295.187(3)(c) of the Florida Service-Disabled Veteran Business Enterprise Opportunity Act, as same may be amended from time to time. (e) Small business concerns owned and controlled by veterans means those independently owned and operated small businesses, as defined in Section 502 of the Veterans Benefits, Health Care, and Information Technology Act of 2006, as same may be amended from time to time, which are also domiciled in Florida, and listed in the federal database of veteran-owned businesses. (f) Veteran means a person who served in the active military, naval, or air service and who was discharged or released therefrom under honorable conditions. For purposes of this section, the definition of "veteran" shall adopt the same definition as provided therefor in F.S. § 1.01 (14), as same may be amended from time to time. (2) Preference in purchase of goods or contractual services. (a) ITBs and requests for oral or written qualifications. The city, when considering two or more bids submitted pursuant to an ITS or an oral or written request for quotations for the purchase of goods or contractual services shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two or more bidders which are a small business concern owned and· controlled by a veteran(s) or a service- disabled veteran business enterprise constitute the lowest bid pursuant to an ITS or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. (b) Request for proposals, request for qualifications, 8RfJ request for letters of interest. and invitations to negotiate. The city commission, or the city manager (in instances where such action has been delegated to the manager), in considering, determining, and/or approving the evaluation methodology, selection criteria, and/or other factors determined by the city to [be] applicable in the recommendation and selection of proposers submitting responses pursuant to an RFP, RFQ, or RFLI, as appropriate, shall include (as part of such evaluation methodology, selection criteria, and/or other applicable factors to be set forth and included within the RFP, RFQ, or RFLI document) and give an additional five points (where the evaluation methodology is based on points system from 0- 100 points), or an additional five percent (where the evaluation methodology is based on a percentage system 0-100 percent), to proposers, which are,---eF 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. The additional points shall be applied by the City's procurement division to Miami Beach-based vendors following the completion of the allocation of points by the evaluation committee. 434 (3) Comparison of qualifications. The preferences established herein in no way prohibit the right of the city manager and/or mayor and city commission, as applicable, to compare quality of goods and/or contractual services proposed for purchase and compare qualifications, character, responsibility and fitness of all persons, firms, or corporations submitting bids. Further, the preferences established herein in no way prohibit the right of the city manager and/or the mayor and city commission, as applicable, from giving any other preference permitted by law in addition to the preferences granted herein. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the ____ day of _______ , 2013, which is ten (1 0) days after adoption. PASSED and ADOPTED this _____ d.ay of-------' 2013. Mayor ATTEST: City Clerk Letters or numbers that are stricken through are deletions from existin9AJ'Pf\llllm AS TO Letters or numbers that are underlined are additions to existing ordinaPORM & LANGUAGE & FOR EXECUTION F:\ATTO\AGUR\RESOS-ORD\Veteran Preference Ordinance (Final4-5-13).doc - 435 R7 RESOLUTIONS COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving and authorizing the Mayor and City Clerk to execute a Third Amendment 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; and, further approving, following a duly noticed Public Hearing as required by Section 142-362 of the City of Miami Beach Code, an entertainment component, which will be added as an additional use of the Leased Premises in conjunction with Tenant's re-opening and re- branding of such Premises. 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 Administration recommends that this item be opened and continued. The Tenant requested rent relief in connection with operational complications resulting from the alleged failure of its air conditioning system. 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. Subsequently, the Tenant provided a preliminary business plan which proposes that the restaurant, 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 (Lounge Bar). On March 13, 2013, the Mayor and City Commission, in conjunction with the RDA, passed and adopted resolutions accepting the FCWPC recommendation pertaining to a proposed Amendment No. 3 to the Lease, and recommending that, as part of said amendment, the rent schedule be revised as illustrated on Exhibit "A" to this item's Commission Memorandum. Since the new business concept contemplates including entertainment, which is not a permitted use in the CCC civic and convention center district, the Commission and RDA further ratified the setting of a public hearing, as required under Section 142-362 of the City Code to approve such use. The public hearing was scheduled for April 17, 2013. While the Administration intended to proceed with the April 1 ih public hearing and the related presentation of a draft Amendment No. 3 to the Lease, in light of pending non-compliance issues described in the Commission Memorandum, it is recommended that the public hearing be opened and continued. Adviso Board Recommendation: Source of Funds: Amount Financial Impact Summary: RHCD Director Assistant c· AP MAS MIAMI BEACH 437 Account AGENDA ITEM R' A DATE 4-1 J-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 M DATE: April 17, 2013 OPEN AND CONTINUE SUBJECT: A RESOLUTION OF THE MA OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AP ROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A THIRD AMENDMENT 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; AND FURTHER APPROVING, FOLLOWING A DULY NOTICED PUBLIC HEARING AS REQUIRED BY SECTION 142-362 OF THE CITY OF MIAMI BEACH CODE, AN ENTERTAINMENT COMPONENT, WHICH WILL BE ADDED AS AN ADDITIONAL USE OF THE LEASED PREMISES IN CONJUNCTION WITH TENANT'S RE-OPENING AND RE-BRANDING OF SUCH PREMISES. ADMINISTRATION RECOMMENDA!.!Q!i The Administration recommends that this item be opened and continued. BACKGROUND On April 13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27647, approving a Lease Agreement (which was subsequently amended on February 8, 2012, and again on June 6, 2012), having a term of nine (9) years and 364 days, between the City, the RDA (collectively, the Lessor or Landlord) 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 (Premises), for a restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and a book and gift shop (the initial lease and all amendments thereto are hereinafter referred to as the Lease). The Tenant opened Cooper Avenue Restaurant on the Premises on September 24, 2012. On November 15, 2012, the City put the Tenant on notice of certain compliance-related issues, including non-payment of rent for the months of October and November, 2012. 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 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. 438 City Commission Memorandum Penn 17, LLC-Retail Lease Amended Rent Schedule April17, 2013 Page 2 of 5 As a solution, Tenant requested permission to relocate 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 for rent relief 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 2013 under a new name and concept. The Administration requested review of the matter by the FCWPC at its December 2012 meeting. At the December 20, 2012 FCWPC meeting, 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 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 holding off on taking further legal action, which would include formally putting Tenant on notice of default, pending the outcome of negotiations. The Tenant was also asked to provide an estimated time frame for re-opening the restaurant. As is outlined in the March 13, 2013 Commission Memorandum, after conducting extensive negotiations with the Tenant and returning to the FCWPC in January, staff proposed: 1) 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; 2) 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; 3) 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; 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 439 City Commission Memorandum Penn 17, LLC-Retail Lease Amended Rent Schedule April17, 2013 Page 3 of5 sixth year of the Lease Term and ending on the last day of the seventh year of the Lease Term. The Tenant rejected the above proposal, 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 it doesn't anticipate being back in operation and generating cash flow until at least mid-2013. Given the impasse on the negotiations, the Administration was unable to present a recommendation to the City Commission at the January 2013 meeting, and instead reported back to the FCWPC on January 24, 2013, to request further direction on how to proceed. Prior to the FCWPC meeting, staff demanded on January 16, 2013, that Tenant remit payment of outstanding Resort Tax to the City in the amount of $9,295.43 (based on the Tenant's own reconciliation dated January 8, 2013). Staff also required that half of January's rent, in the amount of $28,158.87, plus applicable sales tax, be paid 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. On January 24, 2013, 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 $4 7 ,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, leaving a balance in the total amount of $64,791 (Back-Due Rent) to be repaid in twelve (12) equal monthly installments commencing in January 2014 and ending in December 2014; 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 recommended by FCWPC, is included as Exhibit "A" to this memorandum. Tenant has paid 50% of the January, February, and March 2013 Base Rent and CAM. 440 City Commission Memorandum Penn 17, LLC-Retail Lease Amended Rent Schedule April17, 2013 Page 4 of 5 The FCWPC again requested that any agreement with the Tenant be subject to the inclusion of release language absolving the City of any liability. As requested by Commissioner Libbin during the January 24, 2013 FCWPC meeting, Tenant provided the Administration with its preliminary business plan for re-opening the Leased Premises, which Tenant anticipates re- opening by July 2013. The Premises 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 proposes an entertainment use (combination of a deejay and live music}, which is not a 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. On March 13, 2013, the Mayor and Commission adopted Resolution 2013-28167 in conjunction with the Redevelopment Agency's (RDA) Resolution 592-2013, which accepted the FCWPC recommendation pertaining to a proposed Amendment No. 3 to the Lease, and recommending that, as part of said amendment, the rent schedule be revised as outlined above and as further illustrated on Exhibit "A" to the memorandum. The Commission and RDA also set a public hearing for April 17, 2013, regarding Lessee's proposal to add an entertainment component as an additional use. During the March 13th discussion, the City Commission requested that Amendment No. 3 also include the following items which are being developed by the City Attorney's office and which will be executed at the time that Amendment No. 3 is executed: • a general release by Tenant waiving any claims against the City including those with regards to the ventilation and to the relocation of air conditioning; • additional clause that Tenant admits and acknowledges that, but for approval of the Third Amendment, it is in default of the Lease; • additional language regarding an "expedited" eviction procedure and, to the extent possible, to include certain waivers of defenses by Tenant. The Tenant was also requested to provide a release in conjunction with the City's preliminary approval of the proposed revised rent schedule. ANALYSIS While the Administration intended to proceed with the April 17th public hearing and the related Commission's consideration of a draft Amendment No. 3 to the Lease, it is now recommended that the Commission open and continue the public hearing. As of the date of the writing of this memorandum, the Tenant does not anticipate being able to solidify its concept plan, much less provide a site plan as requested by staff, in time to submit the necessary information for Commission consideration. The Tenant has also expressed an unwillingness to install a vestibule area within the Premises as required by the Planning Department in consideration of the new entertainment component. The Tenant expressed that the vestibule poses a significant hardship and also informed staff that it may reconsider the concept. The Tenant added that it had already met with representatives of the New World Symphony (NWS}, who stated that NWS has no issues with respect to the entertainment license being requested by the Tenant. Tenant provided us with a confirmation letter from NWS dated March 18, 2013, which is attached hereto as Exhibit "C." 441 City Commission Memorandum Penn 17, LLC-Retail Lease Amended Rent Schedule April17, 2013 Page 5 of 5 In the meantime, additional non-compliance items are pending. Several construction-cost related items are addressed in the Notice of Non-Compliance letter dated March 27, 2013, which is attached as Exhibit "B" to this memorandum, and include: 1) the City has no record of Tenant's second deposit into the Tenant's Construction Fund, as required by the Lease; 2) The Tenant Construction Fund was expressly intended to pay hard costs, but the Tenant used two disbursements for soft costs instead of for hard costs; 3) Discrepancies were noted in a reconciliation of disbursements; 4) Tenant did not require its contractor to provide unconditional performance and payment bonds covering the total value of Tenant's work; and 5) the City has received formal notification of two claim notices, as well as a Notice of Lien, for non-payment of work and/or materials related to Tenant's improvements. The Tenant was given until Tuesday, April 2, 2013, to provide specific information and cure measures, and staff has informed Tenant that failure to do so may result in the Tenant being placed in default. Subsequently, but on the same date (March 2ih), the City and RDA were served with a Complaint from A.R.T Drywall South, Inc.; one of Tenant's sub-contractors demanding payment from the City in the amount of $52,7 40, for work performed by the Subcontractor on the Leased Premises. Furthermore, the Tenant has not made progress in obtaining a building permit to relocate the air conditioning compressors. Plans were submitted, however, the building permit fee has not been paid and Tenant has not addressed comments from the Building Department. However, it is relevant to note that Tenant requested that the relocation of the air conditioning units be coordinated in conjunction with the reconfiguration and relocation of the kitchen exhaust. While the Tenant verbally informed staff that it does not anticipate being able to remedy the outstanding construction claims by April 2nd or by April 1 ih, the Tenant has expressed it wishes to proceed with Amendment No. 3 to the Lease. Staff has reiterated that any further action is contingent on the resolution of outstanding contractual issues. CONCLUSION AND RECOMMENDATION The Administration recommends that this item be opened and continued. The Public Hearing is being held in conjunction with a related, Amendment No. 3 to the Lease, which is not ready for consideration by the City Commission in light of pending matters outlined above. J LM\MS\AP\KOB Attachments T:\AGENDA\2013\April 17\Penn 17 Retail Lease CMB Memo.doc 442 Jan :l4 :lU 1.:s l Repayment of remaining Nov/Dec 2012 balance ($64.791) l Repayment of July 2012 and August2012 rent ($95,688.00) per cond Amendment Repayment of security deposit ($47.844} Repayment of July 2013 through December 2013 deferred rent 71,!06.231 Penn 17, LLC Rent Schedule Lease Commencement: October 13, 2011 Rent Commencement: Aprlll4. 2012 Current Proposed L~a~!l Y!IS!r; 2 Rent Rent Total Monthly Total Monthly !lase Rent Repayment CAM Abatement Deferment Payment Payment 01/13/13 $ 47.843.75 $ $ 8.474.00 $ (28, 158.881 $ $ 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, 158.881 $ $ 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 $ $ (28.158.881 $ 56.317.75 $ 28,158.87 09/13/13 $ 47,843.75 $ $ 8.474.00 $ $ (28. 158.88) $ 56.317.75 $ 28,158.87 Total: $ 430,.593.75 $ $ 76,266.00 $ (1611,9.53.28} $ {114,476.64} s 506.859.75 $ 253,429.83 Curren! Proposed l!i!a~~~ Yfi!Q[; :! Rent Rent Total Monthly Total Monthly Base Rent Repayment (1 and 2) CAM Abatement Deferment Payment Payment -IIlli $ 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 $ $ (28.876.53) $ 60.411.06 $ 31.534.53 Ol/13/14 $ 49.279.06 $ 8,057.00 $ 8,474.00 $ $ $ 65,810.06 $ 65.810.06 02/13114 $ 49.279.06 $ 8.057.00 $ 8.474.00 $ $ $ 65.810.06 $ 65.810.06 03/13/14 $ 49.279.06 $ 8,057.00 $ 8.474.00 $ $ $ 65,810.06 $ 65,810.06 04/13/14 $ 49.279.06 $ 8.057.00 $ 8.474.00 $ $ $ 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 $ 8,474.00 $ $ $ 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: $ 591.348.72 $ 110,487.00 s 101,688.00 s $ (86,629 . .59} s 773,.523.72 s 686.894.13 Current Proposed L!i!a~!'l Y!'!Qr; 4 Rent Rent Total Monthly Total Monthly Base Rent Repayment (1 and 2) CAM Abatement Deferment Payment Payment • 11&1111 J I $ 50,757.43 $ 8,057.00 $ 8.474.00 $ $ $ 67,288.43 $ 67,288.43 11113/14 $ 50.757.43 $ 8.057.00 $ 8,474.00 $ $ $ 67.288.43 $ 67,288.43 12/13/14 $ 50.757.43 $ 8.057.00 $ 8,474.00 $ $ $ 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 03/13/15 $ 50.757.43 $ 2,658.00 $ 8,474.00 $ $ $ 61.889.43 $ 61.889.43 04/13115 $ 50,757.43 $ 2,658.00 $ 8.474.00 $ $ $ 61.889.43 $ 61.889.43 05/13115 $ 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: $ 609,0119.16 $ 48,093.00 $ 101,688.00 s s s 7.58.870.16 s 758.870.16 Page 1 of2 EXHIBIT A 443 Jan :l4 :lU 1 J ~ 1) Repayment of remaining Nov/Dec 2012 balance j$64.791) 2) Repayment of July 2012 and Augusl2012 rent!$95,688.00) per >econd Amendment (31 Repayment of security deposit j$47,8441 (4) Repayment of July 20131hrough December 2013 deferred rent $171,!06.23! Penn 17, LLC Rent Schedule Lease Commencement: October 13.2011 Rent Commencement: April 14. 2012 Curren! Proposed l~gse Y~ar: li I! en! Rent Total Monthly Total Monthly Base Rent Repayment (2 and 3} CAM Abatement Deferment Payment Payment IR::!I! $ 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 $ 8,474.00 $ $ $ 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 $ 8.474.00 $ $ $ 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: $ 627,361.80 $ 79.740.00 s 101,688.00 s s $ 760,945.80 s 808,7119.80 Current Proposed Li!.l~i Yi!.lG' Rent Rent Total Monthly Total Monthly Base Rent Repayment {4) CAM Abatement Deferment Payment Payment • !IM1' • $ 53,848.56 $ 7,129.43 $ 8,474.00 $ $ $ 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 07113/17 $ 53,848.56 $ 7,129.43 $ 8.474.00 $ $ $ 62.322.56 $ 69,451.99 08/13117 $ 53,848.56 $ 7,129.43 $ 8.474.00 $ $ $ 62.322.56 $ 69.451.99 09/13/17 $ 53,848.56 $ 7,129.43 $ !!,4/4.00 $ $ $ 62,322.56 $ 69,451.99 Total: s 646,182.72 s 85,553.16 s 101,688.00 $ $ $ 747,1170.72 $ 833,423.1111 Current Proposed leQSi Yiar: 7 Rent Rent Total Monthly Total Monthly Base Rent Repayment (4) CAM Abatement Deferment Payment Payment -• $ 55.464.02 $ 7,129.43 $ 8,474.00 $ $ $ 63,938.02 $ 71.067.45 11 !13!17 $ 55.464.02 $ 7,129.43 $ 8.474.00 $ $ $ 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 07113/18 $ 55,464.02 $ 7,129.43 $ 8.474.00 $ $ $ 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 $ 101,681!.00 $ s s 767,256.24 $ 852,809.40 Page 2 ol2 444 (9 MIAMI BEACH City of Miami leach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachR.gov REAL ESTATE, HOUSING & COMMUNITY DEVELOPMENT Tel: (305) 673-7193-(305) 673-7033 March 26, 2013 Mr. Amir Ben Zion Managing Member Penn 17, LLC. 1661 Pennsylvania Avenue, Suite 6 Miami Beach, FL 33139 Jeffrey A. Rynor, Esq. Mitrani, Rynor, Adamsky & Toland, P.A. 301 Arthur Godfrey Road, PH Miami Beach, FL 33140 Copy sent via electronic mail, receipt requested to: amlr.ben-zion@fcsnv.com; amir@fcsny,gom; shai@cooperavenue.com JRvnor@mitrani.com RE: Work Letter and Escrow Agreement (Work Letter) by and between the City of Miami Beach, Miami Beach Redevelopment Agency (collectively "Landlord"), and Penn 17, LLC ("Tenant"), and Mitrani, Rynor, Adamsky & Toland, PA ("Escrow Agent"), dated August 29, 2011 NOTICE OF NON-COMPLIANCE Dear Sirs: As you know, Landlord and Tenant are currently negotiating a proposed Third Amendment to Lease, which is scheduled to be presented to the Mayor and City Commission at its April 171h meeting. Since, throughout the course of negotiations (which have included various presentations before the City's Finance and Citywide Projects Committee and, most recently, consideration by the City Commission of the proposed rent abatement and deferral schedule at the March 13, 2013 City Commission meeting), the City Commission has been clear and consistent that, aside from the issues being negotiated, the Tenant must be otherwise in good standing and free from defaults on the other provisions of the Lease (not at issue in the negotiations). Accordingly, in preparation for pmsentation of the Third Amendment at the April City Commission meeting, the City Administration has been reviewing the remaining Lease terms to ensure that Tenant has been complying with same. To this end, the purpose of this Notice is to advise you of certain compliance-related issues related to the above-referenced Work Letter which require your immediate attention, as follows: 1. Article 1, Section 2. -The City has no record of Tenant's second deposit into the Tenant Construction Fund, in the amount of $500,000. This amount should have been deposited on or before 45 days after August 29, 2011 (the Effective Date of the Work Letter). The Escrow Agent was to have provided the City with written notice after receipt of such payment. Based on the statement received from the Escrow Agent, dated March 12, 2013, and attached as Exhibit "A" hereto, it appears the initial $500,000 {the first half of the Tenant Construction Fund) was deposited into the Tenant Construction Fund (hereinafter TCF) on Sept 19, 2011. However, the only other deposit made into the TCF occurred on February 7, 2012, in the amount of $150,797,1eaving a balance due of $349,203. EXHIBIT B 445 Amir Ben Zion Penn 17, LLC March 26, 2013 Page 2 of4 Action Required: Within seven (7) days of the date of this Notice, Tenant must provide City with proof of payment (and deposit with Escrow Agent) of the remaining balance due into the TCF. Failure to do so constitutes a default under the Work Letter and, consequently, the Lease. 2. Article 1, Section 2. -The TCF was expressly intended only to pay actual "Hard Costs" of Tenant's construction work. No portion of the TCF was to be used to fund "Soft Costs," as same are defined in Article I, Section 2, page 2 of the Work Letter. Based on our review of Exhibit "A," there are two (2) disbursements that were not approved by the City that were used to pay for items specifically defined as Soft Costs as follows: Table 1 Date CkNo Payee Amount Memo 03/20/12 1567 City of Miami Beach Bldg Dept ttir 222.92 Permit Fees 03/20/12 1568 Citv of Miami Beach Bldg Dept 8,604.43 Concurrency Fees Total 0,827.35 Action Required: In accordance with Article I, Paragraph 2, on page 2 of the Work Letter, "All Soft Costs shall be paid as and when due from Tenant's own funds other than the Tenant Construction Fund." Accordingly, the aforestated Soft Costs, in the amount of $60,827.35, must be replaced in the TCF. 3. Based on the City's reconciliation of the TCF, which reconciliation is attached as Exhibit "B" hereto, the following discrepancies were noted: (i) As of May 9, 2012, the City reflects the receipt of requests for payment (I.e .. in the form of Draw Requests approved by the City), totaling $723,266. However, the TCF Statement (Exhibit "A") only reflects disbursements/payments made by Tenant totaling $650,797, for a net difference of $72,469. The difference appears to lie in three (3) Draw Requests that were approved by the City, but were never disbursed from the TCF, totaling $133,196.64 (and as noted in Table 2 below); coupled with the two unauthorized payments, in the amount of $60,827.35, referenced in Table 1 of this Notice. Table 2 Date ~ae Amount Memo I 10/27/11 kvBuilders $ 6,800.00 Labor & materials I 12/14/11 Halloran Construction $ 25,848.00 Labor & materials I 01/24/12 Halloran Construction $100,548.64 Labor & materials I Total $133,196.64 (ii) Pursuant to the City's reconciliation in Exhibit "B," and subject to Tenant's compliance with Action Items 1 and 2 hereof, the TCF should reflect a balance of $276,733, pending Tenant's submission of any additional Draw Requests to be approved by the City. Additionally, you should also be aware that Section 5.2 (n) of the Lease Agreement by and between the City of Miami Beach, the Miami Beach Redevelopment Agency and Penn 17, LLC, dated September 16, 2011 (the "Lease"), specifically requires that in no event shall the Construction Deposit into the TCF be reduced to Jess than $50,000, until such time as the Tenant's work has been substantially completed, as determined by the Landlord, in its sole and 446 Amir Ben Zion Penn 17, LLC March 26, 2013 Page 3 of4 reasonable discretion; and, shall only be released upon issuance of a final Certificate of Occupancy (CO), with proof that all permits have been closed, together with final lien waivers and contractor's affidavit reflecting that all contractor's, sub-contractors, laborers and materialmen have been paid in full. Action Required: Tenant and Escrow Agent shall provide written clarification, within seven (7) days of the date of this Notice, as to the discrepancies between the TCF statement (Exhibit "A") and the City's reconciliation Exhibit "B"); such clarification, confirming that the aforestated balances remain in the TCF. 4. Article 3, Section 3. -Tenant shall require its Contractor to provide unconditional performance and payment bonds covering the total value of Tenant's work issued by a surety acceptable to Landlord. Said bonds shall be issued for each subcontractor, contractor or materialman furnishing material or providing labor or services to the Premises and shall (i) name Landlord as an additional obligee, (ii) be in an amount. in form and content. and issued by sureties, satisfactory to Landlord and (iii) be in compliance with applicable laws. Action Required: Tenant shall provide, within seven (7) days of the date of this Notice, copies of any and all, performance and payment bonds as required. 5. To date, the City has received formal notification of two (2) claim notices, as well as a Notice of Lien, for non-payment of work and/or materi.als related to Tenant's Improvements as noted in Table 3 below: Table 3 Date Contractor/Supplier Amount Correspondence 10/27/11 Cors-Air $ 3,001.92 Notice of Non-Payment 12/14/11 Art Drywall $53,927.00 Notice of Non-Payment 01/24/12 M P Fires top Corp $ 7,900.00 Notice of Lien Action Required: Any lien, or notice of non-payment for labor or materials on account of Tenant's Work, shall be deemed if not removed, satisfied or transferred to bond, an Event of Default under the Work Letter and the Lease Agreement Accordingly, Tenant must provide to the City, within seven (7) days of the date of this Notice, documentation of payment or other form of satisfaction of the outstanding claims enumerated in Table 3 above. Again, while Landlord continues to work with Tenant toward preparation and presentation (in April) of the Third Amendment to the Lease, I (again) emphasize that the City Commission's final consideration and approval of the Third Amendment, which we intend to present at the April17, 2013 City Commission meeting is predicated upon the condition that Tenant, but for its failure to pay rent in the amounts currently required under the Lease, is in good standing and free from default with respect to other Lease provisions (including, without limitation, the terms and conditions of the Work Letter, which is incorporated as an exhibit to the Lease). It is therefore imperative that you promptly provide the City with the information requested herein, including any cure measures required by the City, so that we may advise the City Commission (when presenting the Third Amendment) that the Tenant is complying with the terms of the Work Letter. Accordingly, please respond to the City's "Action Required" items, as 447 Amlr Ben Zion Penn 17, LLC Msroh 26, 2013 4of4 forth by no seven (7) from the of this or by April 2, 2013. Failure to do so may result in the being in default under the Work Letter Anna IJ!:IIrAwn Director AP:KOB Attachments Cc: Kathie Max Raul Aguila, Interim City Manager Assistant City Manager Deputy City Attorney 448 Penn 17, I..LC Exhibit A -Tenant Construction fund -Statement of Activity !'a~ I Oat. ~~ ~ ~,.,.... og/II)/91JI1 Depoill Wlmiu; soo,ooo.ooCR 500,000.00 mf.H011o82,'il11002114 PllO: ElcroW Agl'&llllellt Amlr Ben Zion O'J/07/'J.Ol'J. De!,ull llleominslfire OPt 4)0,'1\16.1111Cll. 6so,1!)6.8Q l!i0li0'1IzCooo2!)8; ORG: 40087611046, Pew117 W:. 1111 Nl141 St. Mla111l, PL 3S137llai.Ziou i'MII!7 • l.llorow Os/RO/'J.OI2 lfltl l'mnlt tee ilWioe lii,Ua!l.gADll lisllms.go CllyoiM!amlll~~acli llld8. Depl. Os/00/&.o!ll. 15611 (!(mcmTWcy fee 4ti.61.144SDB 589.96947 l'Uy of Mlallll ~ J14 Dept. Os/21/ROIR 1570 Pllymwl oolnvoloUt·12497 43.404-00DB 546.s6547 Amerleoa POOIII!qutpmezt 04/0ll/2012 15711 JIIIYJTIMI on !lmllce n 31!4.0'/S.OODB 162.49047 Mnllonn Cml&lruetloo Corp. U-DI40 1 111-aou, 12-DOOg, l..t·OOSaRIV, J2-D08IIC, 12-Dil$9(1 04/0'J/AOJA 1.679 lCII!ten lliiW!ll.lleut ·lnv. 15,000,000.11 87.490-47 Allleri!lan Pood iqulpmut ,100 DIJ/(19/2012 1649 Jlll.llme!l! on Invoice lll36 87.490o47Dll o.oo Alnerit.all flood F.qniplllfllll Co '1'ol!ll Dt:podl!ll 6so,')'96.82CR Totlll~l 6,so,796.8RDD Cl•BalanllCI $0.00 449 ~ CJ'I 0 EICHIBITB mwq aJNSII!liCIION BJND om I!ECONQ! '!"MI!! Penn17,UC Construdion Beckmlnl Balance: I.-Ice Dace 10/27/2011 12/14/2011 01/24/2012 03/06/20l2 03/20/20]2 03/21/20U 03/29/20]2 03/30/2012 05/C19/20l2 Supplier Sky Builders Halloran Construction HaUoran Construction Halloran Construction CMB Building Dept CMB Building Dept Halloran Construction American Food Equipment American Food Equipment Total~ ~to Date: Oesaipdun. l..ilbor & materials Labor & materials labor & materials Labor & materials Permit fees Concurreocy fees Labor & materials Kitchen/restaurant equipment Kitdlen/restaurant equipment Not>!: (l) Reflects balance as of last payment request received on 5/C19/2012 $ $ $ $ $ $ $ s $ s $ Authorized Via CMB 6,800.00 $ 25,948.00 s 100.,548.64 $ 43,404.00 s $ $ 384,075.00 $ 75,000.00 $ 87,490.47 $ 723,266.11 $ PmtsMade ~TCF $ $ s 43.404.00 $ 12.222.92 $ 48,604.43 $ 384,075.00 $ 75,000.00 s 87,490.47 $ 650,196.82 $ ···~•rr '*" Per ConUact Per~ Apnt DifJaence $ 1.000,1100.00 $ 650,7!16.82 $ 349,203.18 Difference 6,800.00 $ 993,200.00 s 650,796.82 $ 342.403.18 25,948.00 $ 967,252.00 s 650,796.82 s 316,455.18 100,548.64 $ 866,703.36 s 650,796.82 s 215,906S4 s 823,299.36 $ 607,392.82 $ 215,906.54 (12,222.92) s 823,299.36 s 595,169.90 s 228,129.46 (48,604.43) s 823.299.36 $ 546,565.47 s 276,733.89 s 439.224.36 s 162,490.47 s 276,733.89 s 364.224.36 s 87,490.47 s 276,733.89 s 276,733.89 s (0.00) s 276,733.89 s $ s 72,.469.29 $ Z76,733.89 s $ (276,733.89) < .. • - Jeffrey A. Rynor, Esq. Mitrani,Rynor, Admasky & Toland, PA lb=:========================= 301 Arthur Godfrey PH Miami Beach, FL 33140 D &pi'IISIIMaU c Return RecelptforMerchandlsf! D ' 2. Ar!lcle'Number 7006 2150 DODD 6285 5625 · ~from·~ lablll) .. r PS Form 3811, Febr\lary 2004 I. DomiiS!lO Retum RIIOIIlPt ; 1. Artlcle Adcii'EI8lled to: Mr. Amir Ben Zion Managing Member 1661 Pennsylvania A Suite 6 D. I& dellvll}' add!8!18 dlfte19!1t from Item 1? Yes If YES, ental' dellveiy addreaa below: [J No Miami Beach, FL 33139 1 a. Miele Number (llansfer from SBrllce IBbel) 7005 1B20 0007 1115 6345 1: PS Form 3811, February 2004 Domestic Rslum Receipt 451 '. Filunder Ted Arlson Officers Nelsen Kasdln, Chair Rose Elltn Greene, Vke Chair Marla de Annas, Treasurer Robart Moss, Secretary Board of Trustees Sari Agatston Sheldon T. Anderson Madeleine Arison Sarah S. Arlson Matthew W. Buttrick Adam CarUn Bruce E. CUnton Stanley Cohen Casey Cummings Peter J. Dolara Susan S. Dubin Joseph Z. Fleming Howard Frank* Stanford Freedman C. Thomas Greene Bruce W. Greer Harry M. Hersh Robert E. Hoffman• Richard M. Jacobs Gerald Katcher"' R. Kirk Landon ... _ ......... Maflfl.:lilUie"·-.,······-···· Enrique Lerner Rals Richard L. Levltt Helene Llndenfeld Albert R. MoUna, Jr. WILUam L. Morrison Sandra R. Muss Patricia M. Papper Peter G. Robbins Jeffrey T. Roberts Martin Rozenblum Richard T. Sanz Sheldon D. Schneider* Diane S. Sepler Edward Manno Shumsky Richard Skor Paul H. Stebbins Judy Welser* Sherwood M. Welser* JadyWolfe Richard J. Wurtrnan Counsel to the Board Bruce jay Colan •Indicates fonner Chair New World Symphony America's Orchestral Academy Michael Tilson Thomas, Artistic Director March 18, 2013 Mr. Shai Ben-Ami Penn 17 LLC Re: Cooper Avenue/New Concept Dear Shai: This letter will confirm that we have discussed your new plans for the space formerly occupied by Cooper Avenue in the Pennsylvania Garage. Based on this discussion, and in the expectation of future on-going -.. mutoal·co-ope-ration·oetween vow' ope'fatrng staffanifNws· to-· · .. -· · ensure that your activities do not adversely affect NWS events and Wallcastsl NWS has no issues with respect to the entertainment license you need to complete your regulatory and code approvals. D v: J. Phillips nior Vice President and Chief Financial Officer 500 17th Street, Miami Beach, FL 33139·1862 305.673.3330 Fax 305.673.6749 www.nws.cdu 452 EXHIBIT C IDE MIAMI HERJ\lll I Miam!Heraldxom MIAMI BEACH City ol Miami Beach, 1700 Convention Center Drive, Miami Beach, florida 33139. www.mlamioooohll.gov CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEFIEEIY given that public will be held by the Mayor and City Commission of City of Miami Beach, Florida, In the City Commission Chamber1l, 3"' floor, City Hall, 1700 Convention Oo!nter Drive, Miami Beach, Florida, on Wednesday, April 11, 201$, at 10:00 a.m., during both the City Commission Mooting and the Miami Beach Redevelopment Agency Meeting, to consider, In accordance with Section 142-362 of the Cl1:y Code, a proposed Change of Use Involving that certain Retail Lease Agreement by and between tim City of Miami Beach, the Miami Beach Redevelopment Agency lcr>lhr:t''"lv Lessor) and Pmm 17, LLC, dated <:;~'"'''""h"' 16, 2011 , Involving the lease 7,655 square feet of ground floor retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Rorida; said Change of Use tc Include an entertainment component which Is not listed as a main perrnl1:ted use in the Civic and Convention Center (CCC) zoning district may be directed to the City's Asset Management at (305) 673-7193. INTI:RESTED PARTIES me invited to appear at this meeting or be represented by an agent or to express their views In writing addrossed to the City Commission c/o the City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This mooting may be opened and continued, and under such circumstances additional legal notice would not be provided. Rafael Granado, City Clerk City of Miami Beach Pursuant to Section 286Jl101i, Fla. Stat, the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission and/or the Miami Beach Redevelopment Agency with respect to any matter considered at Its meeting or h.s hearing, such person must ensure that a verbatim record ot the Is made, which record Includes upon which the appeal Is to be; based. notice does not constrlute consent by thD City for the Introduction or admission of otherwise inadmissible or Irrelevant evidence, nor does It authorize challenges or appeals not otherwise allowed by law. To request this material In accessible lom~at, sign language Interpreters, Information on access lor persons wl1:h disabilities and/or any accommodation to review any document or participate In any City-sponsored proceeding, please contact us five days In advance at tlf~l-"7411 {volGa) or TIY users may also call the Relay Service at 711, Ad #770 453 TIRIRSDAY, APRil. 4, 2013 I _l3NIE THIS PAGE INTENTIONALLY LEFT BLANK 454 R7 -Resolutions R7B A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Employment Agreement Between The City Of Miami Beach And City Manager Jimmy Morales, With The City Manager's Term Of Employment Having Deemed To Commence Retroactively, As Of April 1, 2013. (City Attorney's Office) (To Be Submitted In Supplemental) 455 Agenda Item R 1 B Date 4-11-13 THIS PAGE INTENTIONALLY LEFT BLANK 456 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 Scan, etc.): N/A 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. Board Recommendation: Financial Information: Source of Amount Funds: 1 $35,000 011-1210-000312 ~ I 2 30,000 011-121 0-000314 3 5,000 011-1210-000314 Total $70,000 Financial Impact Summary: Clerk's Office Le islative Trackin Carla Maglio Gomez, Human Resources t City Manager MIAMI BEACH 457 Account JLM AGENDA ITEM ~~~__:._1-:::-(_~ DATE l[-/l-13 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Florido 33139, COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me Commission FROM: Jimmy L. Morales, City Manager DATE: April17, 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 (ICMAJCPSM) 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. 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 458 City Commission Apri/17, 2013 ICMA Study-Fire Department Page 2 of3 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. 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 459 City Commission April 17, 2013 ICMA Study-Fire Department Page 3 of 3 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. "(fMI ATTACHMENT: ICMA Proposal T:\AGENDA\2013\April 17\ICMA Study Commission Memo.Docx 460 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 1 00 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 461 amount not to exceed $70,000 inclusive of travel expenses which are proposed at $5,000 and a of $1 ,000 per person plus travel for presentations. ADOPTED this ___ day of April, 2013. MATTI HERRERA BOWER, MAYOR RAFAEL GRANADO, CITY CLERK 462 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FIRST AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY) 2012/13 TO APPROPRIATE FUNDS CARRIED FORWARD FROM FY 2011/12; AND TO APPROPRIATE FUNDS TO THE WASTE HAULER ADDITIONAL SERVICES AND PUBLIC BENEFIT CONTRIBUTION FUND BUDGET; TO BE FUNDED BY ADDITIONAL CONTRIBUTIONS FROM THE CITY'S EXISTING WASTE HAULERS Key Intended Outcome Supported: Ensure expenditure trends are sustainable over the long term Improve the City's overall financial health and maintain overall bond rating The FY 2011/12 year-end surplus provided funding for this amendment as well as $2.2 million to be set aside for FY 2012/13 budget; $2.7 million to be set aside for the FY 2013/14 General Fund budget and $535,000 towards the Building Department's reserves. Item Summary/Recommendation: Part of the Fiscal Year (FY) 2011/12 year-end amendment, adopted by the Commission on November 14, 2012 through resolution 2012-28073, included $440,000 in encumbrances from FY 2011/12 for goods or services which have been procured but not yet received and expended, which need to be re-appropriated in FY 2012/13. There were also approximately $530,000 in projects that were budgeted in FY2011/12 and which have not yet been expended or encumbered and the funding is recommended to be carried forward to be spent in FY 2012/13, along with a set aside for the severance pay for the former City Manager. The amendment of the FY 2012/13 Budget for these items requires a separate budget amendment, which was planned for consideration by the City Commission once the year-end close-out process was complete. Additionally, there are $1,042,000 in Enterprise Fund encumbrances, and $461,000 in Internal Service Fund encumbrances, from FY 2011/12 for goods or services which were procured in FY 2011/12 but not yet received and expended, which the Administration also recommends be carried over to the respective FY 2012/13 operating budgets. Prior year appropriations fully fund these encumbrances. It is recommended that an additional $415,000 in Waste Hauler Additional Services and Public Benefit Contribution Funds be appropriated in the FY 2012/13 Special Revenue budget, funded by additional contributions from the City's existing waste haulers per Ordinance# 2012-3782; to be used for waterway cleanups, cleanup of illegal dumping, and a contribution to a non-profit organization to perform educational outreach and voluntary cleanup. The Ordinance allowing for this additional contribution was approved in October of 2012, and as a result, these additional funds were not contemplated in the development of the FY 2012/13 budget. Financial Information· Source of Funds: FY 2012/13 !~'-~· OBPI Financial Impact Summary: n-Offs: Department Director MIAMI BEACH Amount $1,390,000 $1,042,000 $461,000 $415,000 463 Account General Fund I Enterprise Funds Internal Service Funds Waste Hauler Additional Services & Public Benefit Contribution Fund anager AGENDA ITEM --=-'~-=-7.;:..._z::;;.D_ DATE l{-17-13 MIAMI BE City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Mem FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FIRST AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR {FY) 2012/13 TO APPROPRIATE FUNDS CARRIED FORWARD FROM FY 2011/12; AND TO APPROPRIATE FUNDS TO THE WASTE HAULER ADDITIONAL SERVICES AND PUBLIC BENEFIT CONTRIBUTION FUND BUDGET; TO BE FUNDED BY ADDITIONAL CONTRIBUTIONS FROM THE CITY'S EXISTING WASTE HAULERS ADMINISTRATION RECOMMENDATION Adopt the resolution amending the FY 2012/13 General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds budgets. GENERAL FUND ANALYSIS There are $440,000 in encumbrances from FY 2011/12 for goods or services which were procured but not yet received and expended, which need to be re-appropriated in FY 2012/13. There are also approximately $530,000 in projects that were budgeted in FY 2011/12 and which have not yet been expended or encumbered and for which funding is recommended to be carried forward to be spent in FY 2012/13. Further, $420,000 was set aside for the severance pay for the former City Manager's contract. The amendment of the FY 2012/13 Budget for these items requires a separate budget amendment which was held pending the completion of the year-end close-out process. 464 First Amendment to the FY 2012/13 General Fund Budget, l=ntarnrico Budgets Internal Service and Special Revenue Funds Page 2 GENERAL FUND REVENUES OPERATING REVENUES Ad Valorem Taxes Ad Valorem Taxes-South Pointe Costs Ad Valorem Taxes-Capital R & R Ad Valorem Taxes-Normandy Shores Other Taxes licenses and Permits Intergovernmental Charges for Services incl. Golf Courses Fines and Forfeits Interest Rents and leases Miscellaneous Other -Resort Tax Reserves -Building Department Operations Prior Year Set Aside for Pension Credit FY 09 Surplus Set Aside Prior Year Surplus from Parking Opera ions Fund Reserve-Carryforward for FY 2011112 Encumbrances Reserve-Carryforward for FY 2011112 Appropriations Total General Fund $ FY 2012113 Adopted Budget 102,171,000 10,296,000 1,850,000 129,000 24,023,000 20,033,000 9,827,000 10,668,000 2,199,000 2,983,000 6,464,000 11,830,000 39,497,000 1,500,000 2,210,000 3,400,000 7,200,000 0 465 Carryforward Encumbrances from FY 2011/12 440,000 $ Carryforward of Appropriations from FY 2011/12 $ FY 2012113 Proposed Amended Budget 102,171 ,000 10,296,000 1,850,000 129,000 24,023,000 20,033,000 9,827,000 10,668,000 2,199,000 2,983,000 6,464,000 11,830,000 39,497,000 1,500,000 2,210,000 3,400,000 7,200,000 440,000 First Amendment to the FY 2012/13 General Fund Budget, Enterprise, Internal Service and Special Revenue Funds Budgets Page 3 FY 2012113 Carryforward Carryforward of Proposed FY 2012113 Encumbrances Appropriations Amended GENERAL FUND Adopted Budget from FY 2011/12 from FY 2011112 Budget APPROPRIATIONS Department MAYOR & COMMISSION $ 1,648,000 $ 0 $ 0 $ 1,648,000 CITY MANAGER 2,313,000 12,000 420,000 2,745,000 Communications 893,000 0 0 893,000 BUDGET & PERFORMANCE IMPROVE 2,160,000 0 0 2,160,000 FINANCE 4,426,000 0 0 4,426,000 Procurement 1,063,000 5,000 0 1,068,000 HUMAN RESOURCES/LABOR RELATIONS 1,827,000 0 0 1,827,000 CITY CLERK 1,505,000 0 0 1,505,000 CITY ATIORNEY 4,318,000 0 0 4,318,000 REAL ESTATE, HOUSING & COMM. DEV 1,048,000 0 0 1,048,000 Community Services 460,000 0 0 460,000 Homeless Services 990,000 0 0 990,000 BUILDING 10,985,000 87,000 0 11,072,000 Code Compliance 4,647,000 0 0 4,647,000 PLANNING 3,419,000 0 0 3,419,000 TOURISM & CULTURAL DEVELOPMENT 2,503,000 0 0 2,503,000 PARKS & RECREATION 28,772,000 26,000 0 28,798,000 PUBLIC WORKS 6,548,000 140,000 0 6,688,000 CAPITAL IMPROVEMENT PROJECTS 4,841,000 17,000 0 4,858,000 POLICE 94,963,000 7,000 0 94,970,000 FIRE 62,242,000 21,000 0 62,263,000 Citywide Accounts-Other 9,648,708 120,000 530,000 10,298,708 Citywide Accounts • Operating Contingency 1,000,000 0 0 1,000,000 Citywide Accounts-Normandy Shores 187,292 0 0 187,292 Sub Total General Fund $ 252,407,000 $ 435,000 $ 950,000 $ 253,792,000 TRANSFERS Capital Reserve Fund $ 0 $ 0 $ 0 $ 0 Pay-As-You-Go Capital Fund 1,400,000 0 0 1,400,000 Capital Investment Upkeep Account 219,000 5,000 0 224,000 Info & Comm Technology Fund 395,000 0 0 395,000 CAPITAL RENEWAL & REPLACEMENT 1,859,000 0 0 1,859,000 Sub Total Transfers $ 3,873,000 $ 5,000 $ 0 $ 3,878,000 Total General Fund $ 256,21.10,000 $ 440,000 $ !!50,00!1 $ 257,670,000 466 First Amendment to the FY 2012/13 General Fund Budget, Enterprise, Internal Service and Special Revenue Funds Budgets Page 4 ENTERPRISE AND INTERNAL SERVICE FUNDS FY 2012/13 BUDGET AMENDMENT Additionally, there is $1,042,000 in Enterprise Fund encumbrances, and $461,000 in Internal Service Fund encumbrances, from FY 2011/12 for goods or services which were procured in FY 2011/12 but not yet received and expended, which the Administration also recommends be carried over to the respective FY 2012/13 operating budgets. Prior year appropriations fully fund these encumbrances. FY 2012/13 FY 2012/13 Carryforward Proposed Adopted Encumbrances Additional Amended Budget from FY 2011/12 Appropriations Budget ENTERPRISE FUNDS REV/EXP APPROPRIATIONS Convention Center $ 12,702,000 $ 0 $ 0 $ 12,702,000 Parking 47,657,000 45,000 0 47,702,000 Sanitation 17,302,000 26,000 0 17,328,000 Sewer Operations 37,465,000 265,000 0 37,730,000 Stormwater Operations 11,926,000 58,000 0 11,984,000 Water Operations 34,036,000 648,000 0 34,684,000 Total Enterprise Funds $ 161 ,088,000 $ 1,042,000 $ 0 $ 162,130,000 INTERNAL SERVICE FUNDS REV/EXP APPROPRIATIONS Central Services $ 906,000 $ 0 $ 0 $ 906,000 Fleet Management 9,700,000 23,000 0 9,723,000 Information Technology 16,366,000 290,000 0 16,656,000 Property Management 8,862,000 142,000 0 9,004,000 Risk Management 23,494,000 6,000 0 23,500,000 Total Internal Service Funds $ 59,328,000 $ 461,000 $ 0 $ 59,789,000 467 First Amendment to the FY 2012/13 General Fund Budget, Enterprise, Internal Service and Special Revenue Funds Budgets Page 5 SPECIAL REVENUE FUNDS FY 2012/13 BUDGET AMENDMENT It is recommended that an additional $415,000 in Waste Hauler Additional Services and Public Benefit Contribution Funds be appropriated in the FY 2012/13 Special Revenue budget, funded by additional contributions from the City's existing waste haulers per Ordinance # 2012-3782; to be used for waterway cleanups, cleanup of illegal dumping, and a contribution to a non-profit organization to perform educational outreach and voluntary cleanup. The Ordinance allowing for this additional contribution was approved in October of 2012, and as a result, these additional funds were not contemplated in the development of the FY 2012/13 budget. FY 2012/13 FY 2012/13 Carryforward Proposed Adopted Encumberances Additional Amended Budget from FY 2011/12 Appropriations Budget SPECIAL REVENUES REV/EXP APPROPRIATIONS Resort Tax $ 54,254,000 $ 0 $ 0 $ 54,254,000 7th Street Garage Operations 2,200,000 0 0 2,200,000 5th & Alton Garage-City's Share of Shortfall 619,900 0 0 619,900 Art in Public Places 213,000 0 0 213,000 Tourism and Hospitality Scholarship Pgms 113,000 0 0 113,000 Information and Communications Tech. Fund 0 0 0 0 Education Compact 101,000 0 0 $ 101,000 Green/Sustainability Funds 195,000 0 0 $ 195,000 Red Light Camera Fund 314,000 0 0 $ 314,000 E-911 Fund 651,000 0 0 $ 651,000 Waste Hauler Addtl Svcs and Public Benefit 64,000 0 4i5,000 479,000 Total Special Revenue Funds $ 58,724,900 $ 0 $ 415,000 $ 59,139,900 CONCLUSION The resolution amending FY 2012/13 budgets will allow the first amendment to the departmental appropriations within the General Fund, Enterprise Funds, Internal Service Funds and Special Revenue Fund budgets to be enacted. This action is necessary to allow for the funding of encumbrances for good and services procured, but not yet received and expended at the end of FY 2011/12, as well as projects that were budgeted in FY 2011/12, but had not been expended or encumbered. The amendment was planned for consideration by the City Commission once the year-end close-out process was complete. KGB~ 468 RESOLUTION NO. _____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FIRST AMENDMENT TO THE GENERAL FUND, ENTERPRISE, INTERNAL SERVICE AND SPECIAL REVENUE FUNDS BUDGETS FOR FISCAL YEAR (FY) 2012/13 TO APPROPRIATE FUNDS CARRIED FORWARD FROM FY 2011/12, AND TO APPROPRIATE FUNDS TO THE WASTE HAULERS ADDITIONAL SERVICES AND PUBLIC BENEFIT FUND BUDGET, TO BE FUNDED BY ADDITIONAL CONTRIBUTIONS FROM THE CITY'S EXISTING WASTE HAULERS WHEREAS, $440,000 was set aside from FY 2011/12 General Fund surplus for encumbrances from FY 2011/12 for goods or services which had been procured but not received and expended at year end, that the Administration is recommending be carried over to the FY 2012/13 operating budget; and WHEREAS, there were also approximately $530,000 in projects that were budgeted in FY 2011/12 and which have not yet been expended or encumbered, as well as a FY 2011/12 year-end set aside for the severance pay of the former City Manager and the funding is recommended to be carried forward and spent in FY 2012/13; and WHEREAS, there is $1,042,000 in Enterprise Fund encumbrances, and $461,000 in Internal Service Fund encumbrances, from FY 2011/12 for goods or services which were procured in FY 2011/12 but not yet received and expended, which the Administration also recommends be carried over to the respective FY 2012/13 operating budgets; and WHEREAS, prior year appropriations fully fund the encumbrances; and WHEREAS, it is also recommended that an additional $415,000 in Waste Hauler Additional Services and Public Benefit Contribution Funds be appropriated in the FY 2012/13 Special Revenue budget, funded by additional contributions from the City's existing waste haulers (per Ordinance No. 2012-3782), to be used for waterway cleanups, cleanup of illegal dumping, and a contribution to a non-profit organization to perform educational outreach and voluntary cleanup activities. 469 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the First Amendment to the FY 2012/13 General Fund, Enterprise Fund , Internal Service Fund, and Special Revenue Fund budgets is hereby adopted as follows: FY 2012113 Carryforward Carryforward of FY 2012113 Adopted Encumbrances Appropriations Amended GENERAL FUND Budget from FY 2011112 from FY 2011112 Budget REVENUES OPERATING REVENUES Ad Valorem Taxes $ 102,171,000 $ 102,171,000 Ad Valorem Taxes -South Pointe Costs 10,296,000 10,296,000 Ad Valorem Taxes-Capital R & R 1,850,000 1,850,000 Ad Valorem Taxes-Normandy Shores 129,000 129,000 Other Taxes 24,023,000 24,023,000 Licenses and Permits 20,033,000 20,033,000 Intergovernmental 9,827,000 9,827,000 Charges for Services incl. Golf Courses 10,668,000 10,668,000 Fines and Forfeits 2,199,000 2,199,000 Interest 2,983,000 2,983,000 Rents and leases 6,464,000 6,464,000 Miscellaneous 11,830,000 11,830,000 Other-Resort Tax 39,497,000 39,497,000 Reserves -Building Department Operations 1,500,000 1,500,000 Pr1or Year Set Aside for Pension Credit 2,210,000 2,210,000 FY 09 Surplus Set Aside 3,400,000 3,400,000 Prior Year Surplus from Parking Opera ions Fund 7,200,000 7,200,000 Reserve-Carryforward for FY 2011112 Encumbrances 0 440,000 440,000 Reserve-Carryforward for FY 2011/12 Appropriations 0 950,000 950,000 Total General Fund $ 256,280,000 $ 950,000 $ 257,670,000 470 Carryforward Carryforward of FY 2012113 FY 2012/13 Encumbrances Appropriations Amended GENERAL FUND Adopted Budget from FY 2011/12 from FY 2011/12 Budget APPROPRIATIONS Department MAYOR & COMMISSION $ 1,648,000 $ 0 $ 0 $ 1,648,000 CITY MANAGER 2,313,000 12,000 420,000 2,745,000 Communications 893,000 0 0 893,000 BUDGET & PERFORMANCE IMPROVE 2,160,000 0 0 2,160,000 FINANCE 4,426,000 0 0 4,426,000 Procurement 1,063,000 5,000 0 1,068,000 HUMAN RESOURCES/LABOR RELATIONS 1,827,000 0 0 1,827,000 CITY CLERK 1,505,000 0 0 1,505,000 CITY ATTORNEY 4,318,000 0 0 4,318,000 REAL ESTATE, HOUSING & COMM. DEV 1,048,000 0 0 1,048,000 Community Services 460,000 0 0 460,000 Homeless Services 990,000 0 0 990,000 BUILDING 10,985,000 87,000 0 11,072,000 Code Compliance 4,647,000 0 0 4,647,000 PLANNING 3,419,000 0 0 3,419,000 TOURISM & CULTURAL DEVELOPMENT 2,503,000 0 0 2,503,000 PARKS & RECREATION 28,772,000 26,000 0 28,798,000 PUBLIC WORKS 6,548,000 140,000 0 6,688,000 CAPITAL IMPROVEMENT PROJECTS 4,841,000 17,000 0 4,858,000 POLICE 94,963,000 7,000 0 94,970,000 FIRE 62,242,000 21,000 0 62,263,000 Citywide Accounts-Other 9,648,706 120,000 530,000 10,298,708 Citywide Accounts -Operating Contingency 1,000,000 0 0 1,000,000 Citywide Accounts-Normandy Shores 187,292 0 0 187,292 Sub Total General Fund $ 252,407,000 $ 435,000 $ 950,000 $ 253,792,000 TRANSFERS Capital Reserve Fund $ 0 $ 0 $ 0 $ 0 Pay-As-You-Go Capital Fund 1,400,000 0 0 1,400,000 Capital Investment Upkeep Account 219,000 5,000 0 224,000 Info & Comm Technology Fund 395,000 0 0 395,000 CAPITAL RENEWAL & REPLACEMENT 1,859,000 0 0 1,859,000 Sub Total Transfers $ 3,873,000 $ 5,000 $ 0 $ 3,878,000 Total General Fund $ 256,280,000 $ 440,000 $ 950,000 $ 257,670,000 471 FY 2012/13 Carryforward Adopted Encumbrances Budget from FY 2011/12 ENTERPRISE FUNDS REV/EXP APPROPRIATIONS Convention Center $ 12,702,000 $ 0 Parking 47,657,000 45,000 Sanitation 17,302,000 26,000 Sewer Operations 37,465,000 265,000 Stormwater Operations 11,926,000 58,000 Water Operations 34,036,000 648,000 Total Enterprise Funds $ 161,088,000 $ 1,042,000 INTERNAL SERVICE FUNDS REV/EXP APPROPRIATIONS Central Services $ 906,000 $ 0 Fleet Management 9,700,000 23,000 lnfonnation Technology 16,366,000 290,000 Property Management 8,862,000 142,000 Risk Management 23,494,000 6,000 Total Internal Service Funds $ 59,328,000 $ 461,000 SPECIAL REVENUES REV/EXP APPROPRIATIONS Resort Tax $ 54,254,000 $ 0 7th Street Garage Operations 2,200,000 0 5th & Alton Garage-City's Share of Shortfall 619,900 0 Art in Public Places 213,000 0 Tourism and Hospitality Scholarship Pgms 113,000 0 lnfonnation and Communications Tech. Fund 0 0 Education Compact 101,000 0 Green/Sustainability Funds 195,000 0 Red Light Camera Fund 314,000 0 E-911 Fund 651,000 0 Waste Hauler Addtl Svcs and Public Benefit 64,000 0 Total Special Revenue Funds $ 58,724,900 $ 0 PASSED and ADOPTED this 17th day of April, 2013. ATTEST: CITY CLERK 472 FY 2012/13 Additional Amended Appropriations Budget $ 0 $ 12,702,000 0 47,702,000 0 17,328,000 0 37,730,000 0 11,984,000 0 34,684,000 $ 0 $ 162,130,000 $ 0 $ 906,000 0 9,723,000 0 16,656,000 0 9,004,000 0 23,500,000 $ 0 $ 59,789,000 $ 0 $ 54,254,000 0 2,200,000 0 619,900 0 213,000 0 113,000 0 0 0 $ 101,000 0 $ 195,000 0 $ 314,000 0 $ 651,000 415,000 479,000 $ 415,000 $ 59,139,900 MAYOR APPROVED AS TO FORM & LANGUAGE &f CUTION COMMISSION ITEM SUMMARY Condensed Title: A resolution accepting the recommendation of the Finance and Citywide Projects Committee to waive the competitive bidding for the management and operations of the City's golf courses and waive by 5/ih, the formal competitive bidding process requirements, finding such waiver in the best interest of the City, and authorizing the City Manager to execute an agreement with Professional Course Management II, Ltd. (PCM) for the management and operations under the negotiated terms as presented, discussed and approved by the FCWPC at their December 20, 2012 meeting. Key Intended Outcome Supported: Increase satisfaction with recreational programs Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey ndicates 85% of residents rated the City's Recreation programs as either excellent or good. Item Summary/Recommendation: Professional Course Management II, ltd. has successfully managed and operated the City's golf courses and clubhouses since October 1, 2001. The current agreement expired on September 30, 2012 and we are now on a month-to-month with them as authorized by the City Commission on September 12, 2012. After extensive good faith efforts between the City and PCM to negotiate a new fee structure with additional benefits to the city in consideration of waving competitive bidding process, as directed by this Committee on July 10, 2012, the Administration and PCM have reached the following terms for a fee arrangement that: • Caps the incentive paid to PCM when certain revenue thresholds are met; • Provides for a "pay-back" provision when revenue thresholds are NOT met; • lncentivizes PCM at a lower rate than the current agreement provides for on higher revenues collected; • And based on historical averages, saves the City an average of: o $ 25,000 per year based on the current fee structure with the voluntary reduction currently in place, or o $ 75,000 per year based on the original Agreement. The Administration recommends adopting this Resolution. September 13, 2011, the Golf Advisory Committee voted unanimously to retain PCM to manage and o erate the Cit 's olf courses, clubhouses and related facilities. Financial Information: Source of Amount Account Funds: 1 $125,000 Miami Beach Golf Club 011-0970-000322 !'\ I\~ ,~I 2 $125,000 Normandy Golf Club 011-0975-000322 3 OBPI Total $250,000 Financial Impact Summary: Base Management Fee is included in Parks and Recreation Department's annual budget. Incentive fees only earned if negotiated benchmarks are met. City Clerk's Office Legislative Tracking: Si n-Offs: Department Director Assistant Ci KS T:\AGENDA \2013\April 17\Com_ summary-Waiver competitive bid -golf courses,doc MIAMI BEACH 473 City Manag JLM AGENDA ITEM DATE ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me DATE: April17, 2013 SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS DECEMBER 20, 2012 MEETING, AND WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE, IN ACCORDANCE WITH THE SUBSTANTIVE TERMS (IN THE TERM SHEET ATTACHED AS EXHIBIT "A" TO THIS RESOLUTION) AND, IF SUCCESSFUL, EXECUTE A NEW AGREEMENT WITH PROFESSIONAL COURSE MANAGEMENT II, L TO., FOR THE MANAGEMENT AND OPERATIONS OF THE CITY OF MIAMI BEACH GOLF COURSES, CLUBHOUSES AND RELATED FACILITIES; WITH SAID AGREEMENT HAVING AN INITIAL TERM OF THREE (3) YEARS, WITH TWO (2) ONE (1) YEAR RENEWALS, AT THE CITY'S SOLE DISCRETION. ADMINISTRATION RECOMMENDATION The Administration supports the recommendation of the Finance and Citywide Projects Committee made at their December 20, 2012 meeting to waive the competitive bidding process for the management and operations of the City's golf courses, clubhouses and other related facilities. KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs BACKGROUND AND ACTIONS TAKEN BY FCWPC On September 10, 2003, The Mayor and City Commission authorized the execution of a management agreement for the Miami Beach Golf course, clubhouse and related facilities. The term of the agreement was for an initial period of three (3) years, effective October 1, 2003 and expiring on September 30, 2006, with two (2) one year terms, on a year to year basis. Subsequently the Mayor and City Commission approved to waive the competitive bidding process and approve a management agreement between Professional Course Management II, L TO., (PCM) and the City, which commenced on October 1, 2007 and expired on September 30, 2012. Currently, the City is on a month-to-month agreement with PCM. This matter was referred by the Mayor and Members of the City Commission at the February 8, 2012 Commission meeting. The item was included in the April 19, 2012 FCWPC agenda and following a brief discussion referred to the July 10th meeting for further discussion. 474 Resolution adopting the recommendation of the FCWPC to waive competitive bid (by 5/fh) for the management and operations of the City's Golf Courses, Clubhouses and other Related Facilities Apri/17, 2013 City Commission Meeting The Finance and Citywide Projects Committee discussed the management of the City's golf courses at its July 10, 2012 meeting. More specifically, the members focused on the success of PCM has had in operating the City's golf courses and clubhouses since the initiation of the first full-service management agreement was implemented in 2003. It was stated that for the term of the management agreements, PCM has managed the City's golf clubs at high service levels, and has received positive comments from the City's residents, tourists and day guests with no complaints to the Commission or the Administration. Attached is a copy of PCM's correspondence from June 29, 2012, which was presented to FCWPC. (Exhibit A) The Committee also discussed whether the City should prepare a Request for Proposals (RFP) to be issued with the intent of having a new management agreement presented to the City Commission as soon as possible, or to waive the competitive bidding process and enter into negotiations with PCM for the continued management and operations of the City's Golf Courses, Clubhouses and Related Facilities. Chairperson Weithorn stated that PCM should give the City additional benefits in consideration of waving competitive bidding. Commissioner Tobin felt that the contract should go out to bid to see what the market is like. At the conclusion of the discussion the Committee recommended the contract be extended on a month-to-month basis, that the Administration meet with PCM to negotiate terms of a new agreement; simultaneously that staff provide more detailed information on the cost of other golf course management companies and how the golf courses are maintained and report the results of the negotiations and golf course comparisons back to the Committee for further direction. On September 12, 2012 the City Commission adopted a resolution accepting the recommendation of the Finance and Citywide Projects Committee at their July 10, 2012 meeting, to extend the current management agreement with Professional Course Management II, LTD., (PCM) which expired on September 30, 2012, on a month to month basis until such time as a new management agreement for the Management and Operations of the City of Miami Beach Golf Courses, Clubhouses and other Related Facilities is authorized by the City Commission. On December 20, 2012 as recommended by the FCWPC at the July 10, 2012, and subsequently adopted by the City Commission at the September 12, 2012 meeting, the Administration submitted a discussion item to the Finance and Citywide Projects Committee that included negotiated terms for a new agreement, more detailed information on the cost of other golf course management companies in the area operating courses for municipalities as well comparisons of the other courses initial management terms and approved extensions, annual management fees and incentives or bonuses. The FCWPC members reviewed the information presented and an extensive discussion ensued focused on the proposed negotiated terms and conditions, the Premier Card Membership Program and the on-going efforts to continue to grow the South Beach International Amateur golf tournament. Based on the aforementioned the FCWPC members recommended waiving competitive bidding and re-awarding the contract to Professional Course Management II, LTD., to manage and operate the City's golf courses under the new terms of the agreement (as negotiated and presented to the Committee). ANALYSIS Following are the new negotiated terms that were presented and recommended by the Finance and Citywide Projects Committee at the December 20, 2012 meeting that will be included in the executed agreement. 475 Resolution adopting the recommendation of the FCWPC to waive competitive bid (by 5/Th) for the management and operations of the City's Golf Courses, Clubhouses and other Related Facilities April17, 2013 City Commission Meeting Current Fee Structure vs. Proposed Option The fee structure included in the previous management and operations agreements between the City of Miami Beach and Professional Course Management (PCM) was as based on an annual management fee of $125,000 per golf course plus a 10% incentive fee earned only after revenue of $1.875M is attained at each golf course individually, and the debt service at each golf course is addressed. The 10% incentive was subsequently modified in the summer of 2010 in the form of a voluntary reduction to 8%, by PCM. This represented a savings to the City in FY 2010-11 of approximately $40,000 and $36,000 in FY 2011-12. This goodwill gesture by PCM was in recognition of the challenges the City was facing in light of the recession we were in at that time and for consideration of the City agreeing to extend the current agreement for the remaining available time. Attached for your review is Exhibit " B" - a worksheet outlining the current terms of the agreement, including the voluntary reduction of incentive fee mentioned above, and the negotiated proposed terms agreed to by PCM for future years' management agreement, contemplated to be for 3 years, plus two (2) one year extensions. Additionally, we have also included a column outlining potential savings, based on historical averages of prior year actuals to the negotiated terms. The following points as they related to the baseline management fee and the incentive fees paid to PCM since the inception of the initial agreement to manage and operate the City's golf courses and related facilities began in 2003 warrant emphasizing: • The Management Fee for each golf course was established at $125,000 annually. This fee has not increased over the past nine years; • The baseline revenue of $1.875 million established in the agreement that must be generated at each golf club in order to attain the 10% Incentive Fee that was negotiated has never been attained at the Normandy Shores Golf Club since the course completed its first full fiscal year in 2010 therefore an incentive fee has never been paid for this club: • Since re-opening (complete fiscal years 2004-2012) the average Incentive Fee earned at the Miami Beach Golf Club has been $191,205. Please see the attached Statement of Operations for the Miami Beach and Normandy Shores Golf Clubs for a comprehensive summary of revenues and expenditures included in Exhibit C. The following is a summary of the key points that were discussed and negotiated each of which is discussed below: • Yearly Management Fee charge per Golf Course (Miami Beach, Par 3 and Normandy) • Incentive Fee percentage • Incentive Fee Revenue thresholds • Debt Service Provision (must cover Debt Service to earn full Incentive fee) • A capped Incentive Fee • Incentive Fee "pay-back" if Revenues are not met Yearly Management Fee: Miami Beach Normandy Par3 Current $ 125,000 $ 125,000 -0- 476 Proposed $ 125,000 plus CPI or 3% yearly $ 125,000 no CPI or yearly adjustment -0- Resolution adopting the recommendation of the FCWPC to waive competitive bid (by 5/Th) for the management and operations of the City's Golf Courses, Clubhouses and other Related Facilities April17, 2013 City Commission Meeting Please note that the CPI/ 3% proposed increase for the yearly management fee at the Miami Beach Golf Club only, starts in year 2 of the contract and totals $38,665 over the 5 years of the agreement. This amount is substantially lower than the conservatively estimated savings of $125,000 for the five year term of the agreement the City will recognize by instituting the proposed cap on the incentive fee on annual revenues up to $3,900,000 at the Miami Beach Golf Club. Incentive Fee Miami Beach Normandy Current 8% over $1.875M (after Debt Service) 8% over$ 1.875M (After Debt Service) Proposed Cap of$ 125,000 to$ 3.9M in Revenue plus 5% over$ 4M in revenues 7% over $1.8M in revenues Par 3 golf course -0--0- (PCM has agreed to manage and operate the new Par 3 golf course to be included at no cost which is estimated between $36,000 and $48,000 annually.) Debt Service Provision Miami Beach Normandy Par3 Current Must meet Debt Service ($ 800,000) Must meet Debt Service ($ 400,000) N/A Incentive Fee "pav-back" Provision Miami Beach No Normandy No Par3 No Proposed Same Eliminated N/A Approx. 8% of revenues below$ 3.9M No No Assuming a yearly revenue stream at the Miami Beach Golf Club of $ 4 Million and yearly estimated revenue of $ 1.8 Million at the Normandy Golf Club, the anticipated average yearly net savings to the City would amount to$ 25,000 from the current agreement and approximately $75,000 per year from the original agreement(s). Professional Course Management II, ltd. has successfully managed and operated the City's golf courses and clubhouses since October 1, 2001. The current agreement expired on September 30, 2012 and we are now on a month-to-month with them as authorized by the City Commission on September 12, 2012. After extensive good faith efforts between the City and PCM to negotiate a new fee structure with additional benefits to the city in consideration of waving competitive bidding process, as directed by this Committee on July 10, 2012, the Administration and PCM have reached the following terms for a fee arrangement that: • Caps the incentive paid to PCM when certain revenue thresholds are met; • Provides for a "pay-back" provision when revenue thresholds are NOT met; • lncentivizes PCM at a lower rate than the current agreement provides for on higher revenues collected; • And based on historical averages, saves the City an average of: o $ 25,000 per year based on the current fee structure with the voluntary reduction currently in place, or o $ 75,000 per year based on the original Agreement. Management Operations Agreements Comparison As requested, please find Exhibit D -comparison of a South Florida municipal golf course/ clubhouse/ related facilities management and operation agreements prepared by the administration which provides more detailed information on the cost of other golf course management companies, agreement terms and extensions etc. 477 Resolution adopting the recommendation of the FCWPC to waive competitive bid (by 5/fh) for the management and operations of the City's Golf Courses, Clubhouses and other Related Facilities Apri/17, 2013 City Commission Meeting Of the six (6) municipalities included in the analysis there are unique terms to each management agreement that make a basic management fee comparison challenging. However, based on the available information related to each agreement, it is possible to establish an estimated average annual overall comprehensive fee paid by the municipalities to the golf management companies for their services. Please be advised that the following summary does not include the City of Coral Gables Biltmore golf course or the Granada golf course as this management agreement requires the management company to pay the City a base and percentage of revenue over a twenty-five (25) year period. Municipality Mgt. Com or Cour Tnt=!! I Estimated Fees & ... d ............ +; ....... P~id F.Y. 2011-12 2 -Miami Beach Professional and Normandy Course Shores Golf City of Miami Management II, Clubs + the Par $390,809-total both golf courses/ Beach Ltd. 3 golf course $195 404.50 each Delucca 1 -International I City of Miami Enterprises, In "''"'"" """ + undisclosed incentives Professional City of Pembroke Course Lakes Management II 1 $256 411 Guidant Management, City of Plantation Inc. 1 $217 000 Guidant Management City of Sunrise Group, LLC 1 $150,000 The total estimated fees paid to all Golf course management companies included in the analysis in F.Y. 2011-12 was $1,214,220 for the management and operations of six (6) golf courses. This equates to an average of $202,370 annually per course, with PCM slightly below the average annual fee paid. Additional Points to Note • The Administration conducted salary comparisons of the PCM employees utilizing; 1) GCSAA (Golf Course Superintendent's Association of America) 2011 Compensation and Benefits Report; 2) PGA of America Annual Compensation Survey 3) The Beekman Report 2012 edition The result of these salary comparisons indicated that with few exceptions each position was below the median salary being paid in Florida for the position evaluated. It should also be noted that, with the exception of an increase in job scope or increased responsibilities, no PCM employee has received a raise in the past 4 years. • The City's Living Wage Ordinance will be in effect for the new agreement when executed. 478 Resolution adopting the recommendation of the FCWPC to waive competitive bid (by 5/fh) for the management and operations of the City's Golf Courses, Clubhouses and other Related Facilities Apri/17, 2013 City Commission Meeting CONCLUSION The Administration supports the recommendation of the Finance and Citywide Projects Committee made at their December 20, 2012 meeting to waive the competitive bidding process for the management and operations of the City's golf courses, clubhouses and other related facilities and further recommends waiving by 5/ih, the formal competitive bidding process requirements, finding such waiver in the best interest of the City, and authorizing the City Manager to finalize and execute an agreement with Professional Course Management II, Ltd. (PCM) for the management and operations under the negotiated terms as presented, discussed and approved by the FCWPC at their December 20, 2012 meeting. JLM/MAS/RAIKS Attachments T:\AGENDA\2013\April 17\Com_ Memo-Waiver of Competitive Bid-Managment and Operations-Golf Courses 4- 13.docx 479 I l I t ~ I ' I I I EXHIBIT A JUNE 29, 2012 CORRESPONDENCE FROM JOHNNY I...APONZINA, PRES10ENT Of PROFESSIONAl. 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SUI yeat~, lillljiiCI 11t !i.Tllll ~tl.ltillns wid~ t!:e Clly's mtram tbt: ~ofdlcMIDI BCICII.Mayor 1111d CieyCoiN!'bsiot. 481 ic~-~~ ql~'l' ~~iU ~~;j' .. ~ t ..... ~ i t 1 ~ ..-tNMV'-'1 I ~t.~t~ . ,, fJ ~ ~ I )11§ Jl t "' .. •!. i 1 II "' "' "' !i I i ~ ,{ ~<~ , ' ' 482 flllll~fiiiii<IIIM(SIIV*9'11ilolll ~~~~~i~! H ~II&~~ I .. I[ mi!:!:=:t;e I .. ~t: ... ~ ~-t ~= lli lUI !:! ' I ~I ~!ii!l i{ I. I ~i~~•c r I :::du !.2 s J g "' il u ..-.w ..... ~.,,~; .. ;g .. jll ~ H: s ::ns I ~Si~J~i~ l £ =~~-~ 1::! I l:!t!" 311"!' ... =:;:gt;l~w l I -Wt~.wt~\1'1·-~ 483 No,..••• Sho••• Golf Cou"e S~~n~m••• Jtate ... nt ef Oper .. lon Fiscal Yeut 2010, 2011 ancl20t2 Acllllll :\cl\ml Actual Totals REVENUES 2010 2011 2012 Golf Memberships $ 158,970.00 $ 145,357.00 $ 161,852.00 s 466,179.00 Cart Fees $ 598,184.00 $ 785,634.00 s 824.750.00 i 2,006,5611.00 Green Fees $ 768.~6.00 $ 835,086.00 $ 802,888.00 s 2,·10~,600.00 Range Fees $ 34,509.00 $ 44,450.00 $ S9,999.00 $ 118,95(1.00 Restaurant $ 14,215.00 $ 18,350.00 $ 14,928.00 s -~7.493.00 Pro Shop $ 7,214.00 $ 9,145.00 s 8,715.00 s 25,07·i.OO Golf Lessons s 10,069.00 s 13,484.00 s 10,512.00 s 8>1,065.00 Total $ ,8!51,506.00 $ 5,102,937.00 lsuagetforRevenue : I 1,73~330.00 EXPEDITURES Uniforms $ 7,803.40 $ 7,000.00 $ 8,417.00 s 23,22MO Professional Services s 814,217.09 $ 857,057.00 s 794,030.00 s .~?,-165,304.0!1 Electricity $ 58,045.81 s 60,004.00 $ 59,108.00 s 177,U7.81 Water $ 37,319.98 $ 37,9911.00 $ 237,716.00 s 318,0:H.9ll Admin. Fees $ 125,000.00 $ 125,000.00 $ 125,000.00 s 375,000.00 Rent-Bultding & Equip. $ 242,815.09 s 233,587.00 s 218,203.00 s 6!»,605.09 PCM Bonus $ $ $ s Operating Expenses s 2115,248.43 $ 223,542.00 s 199,979.00 s G88,769.-l:i Internal Service $ 127,714.7!! s 1411,069.00 $ 172,971.00 s 4.ui,75oi.75 Total l@iudget for Expense: lnt.Sev. $ 1,940,583.00 $ Net Operating Income $ (4 Hi I. cl.'•1.7~u.mh $ (80,90!,,;);)) $ (388.750.00 484 i i 485 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS DECEMBER 20, 2012 MEETING, AND WAIVING, BY 5/7 1 H VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE, IN ACCORDANCE WITH THE SUBSTANTIVE TERMS (IN THE TERM SHEET ATTACHED AS EXHIBIT "A" TO THIS RESOLUTION) AND, IF SUCCESSFUL, EXECUTE A NEW AGREEMENT WITH PROFESSIONAL COURSE MANAGEMENT II, L TO., FOR THE MANAGEMENT AND OPERATIONS OF THE CITY OF MIAMI BEACH GOLF COURSES, CLUBHOUSES AND RELATED FACILITIES; WITH SAID AGREEMENT HAVING AN INITIAL TERM OF THREE (3) YEARS, WITH TWO (2) ONE (1) YEAR RENEWALS, AT THE CITY'S SOLE DISCRETION. WHEREAS, on February 8, 2012, a referral concerning the current management and operation of the City of Miami Beach golf courses, clubhouses, and related facilities was made by the Mayor and City Commission to the Finance and Citywide Projects Committee (FCWPC) for discussion and further direction; and WHEREAS, on April 19, 2012, the item was included in the FCWPC agenda and, following a brief discussion, referred to the July 10, 2012 FCWPC meeting; and WHEREAS, on July 10, 2012, the FCWPC discussed the management of the City's golf courses and, in particular, the success that the current manager, Professional Course Management II, Ltd. (PCM), has had in operating the City's golf courses since the first full- service management agreement was implemented in 2003; and WHEREAS, the Committee members stated that PCM has managed the City's golf clubs at high service levels, and that the City has received positive comments from its residents, tourists, and day guests, with no complaints to the City Commission or the Administration; and WHEREAS, the Committee also discussed whether the City should prepare a new Request for Proposals (RFP) for management and operations of the City's golf courses or, in the alternative, whether (given PCM's exemplary performance), it would be in the best interest of the City to waive the competitive bidding process, and enter into negotiations with PCM for a new agreement for its continued management and operations of the City's golf courses, clubhouses and related facilities; and WHEREAS, at the conclusion of the FCWPC discussion, the Committee recommended that PCM's current management agreement, which expires on September 30, 2012, be extended on a month-to-month basis; that, in that interim, the Administration meet with PCM to negotiate the terms of a new management agreement; and that, simultaneously, City staff provide more detailed information on the cost of other golf course management companies and how their golf courses are maintained; and report the results of the negotiations and the golf course comparisons back to the Committee for further direction; and 486 WHEREAS, on December 20, 2012, (as recommended by the FCWPC at its July 10, 2012 meeting, and subsequently adopted by the City Commission at its September 12, 2012 meeting), the Administration submitted proposed negotiated terms for a new management agreement with PCM, as well as the requested information on the cost of other golf course management companies in the area operating courses for municipalities, as well comparisons of the other courses' initial management terms and approved extensions, annual management fees and incentives or bonuses; and WHEREAS, the FCWPC reviewed the information presented and, following an extensive discussion, recommended that the City Commission waive competitive bidding and continue negotiations with PCM for a new management and operation agreement for the City's golf courses, clubhouses, and related facilities. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee at its December 20, 2012 meeting, and waive, by 5/ih vote, the formal competitive bidding requirement, finding such waiver to be I the best interest of the City, and authorizing the City Manager to negotiate, in accordance with the substantive terms (in the term sheet attached as Exhibit "A" to this resolution) and, if successful, execute a new agreement with Professional Course Management II, Ltd., for the management and operations of the City of Miami Beach golf courses, clubhouses and related facilities; with said agreement having an initial term of three (3) years, with two (2) one (1) year renewals, at the City's sole discretion. PASSED and ADOPTED this----day of February, 2013. ATTEST: RAFAEL GRANADO, CITY CLERK MATTI HERRERA BOWER MAYOR T:\AGENDA\2013\February 6\Comm. Reso. Waiver of Competitive Bid-Golf Mgt. and Ops .. doc 487 EXHIBIT "A" TERMS SHEET Current Fee Structure vs. Proposed Option The fee structure included in the previous management and operations agreements between the City of Miami Beach and Professional Course Management (PCM) was as based on an annual management fee of $125,000 per golf course plus a 10% incentive fee earned only after revenue of $1.875M is attained at each golf course individually, and the debt service at each golf course is addressed. The 10% incentive was subsequently modified in the summer of 2010 in the form of a voluntary reduction to 8%, by PCM. This represented a savings to the City in FY 2010-11 of approximately $40,000 and $36,000 in FY 2011-12. This goodwill gesture by PCM was in recognition of the challenges the City was facing in light of the financial crisis and recession we were in at that time and for consideration of the City agreeing to extend the current agreement for the remaining available time. Below for review is a worksheet outlining the current terms of the agreement, including the voluntary reduction of incentive fee mentioned above, and the negotiated proposed terms agreed to by PCM for future years' management agreement, contemplated to be for 3 years, plus two (2) one year extensions. Additionally, included is a column outlining potential savings, based on historical averages of prior year actuals to the negotiated terms. The following points as they related to the baseline management fee and the incentive fees paid to PCM since the inception of the initial agreement to manage and operate the City's golf courses and related facilities began in 2003 warrant emphasizing: • The Management Fee for each golf course was established at $125,000 annually. This fee has not increased over the past nine years; • The baseline revenue of $1.875 M established in the agreement that must be generated at each golf club in order for the 10% Incentive Fee that was negotiated has never been attained at the Normandy Shores Golf Club since the course completed its first full fiscal year in 2010 therefore an incentive fee has never been paid for this club: • Since re-opening (complete fiscal years 2004-2012) the average Incentive Fee earned at the Miami Beach Golf Club has been $191,205. The following is a summary of the key points that were discussed and negotiated: • Yearly Management Fee charge per Golf Course (Miami Beach, Par 3 and Normandy) • Incentive Fee percentage • Incentive Fee Revenue thresholds • Debt Service Provision (must cover Debt Service to earn full Incentive fee) • A capped Incentive Fee • Incentive Fee "pay-back" if Revenues are not met 488 Yearly Management Fee: Current Proposed Miami Beach $ 125,000 $ 125,000 plus CPI or 3% yearly Normandy $ 125,000 $ 125,000 no CPI or yearly adjustment Par3 ~-~- (Please note that the estimated fee to manage a new Par 3 golf course to be included at no cost by PCM is estimated between $36,000 and $48,000 annually.) Incentive Fee Miami Beach Normandy Par 3 golf course Debt Service Provision Miami Beach Normandy Par3 Current 8% over $1.875M (after Debt Service) 8% over$ 1.875M (After Debt Service) -0- Current Must meet Debt Service ($ 800,000) Must meet Debt Service ($ 400,000) N/A Incentive Fee "pay-back" Provision Miami Beach No Normandy No Par3 No Proposed Cap of$ 125,000 to$ 3.9M in Revenue plus 5% over$ 4M in revenues 7% over $1.8M in revenues -0- Proposed Same Eliminated N/A Approx. 8% of revenues below$ 3.9M No No Remainder of page left blank intentionally/ see following sheet 489 THIS PAGE INTENTIONALLY LEFT BLANK 490 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving And Appointing, Pursuant To Sections 142-1 08(G)(3) And 118-537(B) Of The Miami Beach City Code, , To Serve As Special Master, On The Appeal Of "In Re: 42 Star Island Drive", Case No. HPSM-13-001, ORB File No. 22936. Key Intended Outcome Supported: Protect Historic Building Stock. Supporting Data (Surveys, Environmental Scan, etc.): In the 2012 Community Satisfaction Survey 78% of the residents who had sufficient knowledge about historic preservation gave it positive ratings; and 82% of business owners rated the City of Miami Beach's historic preservation efforts as very or somewhat effective. Item Summary/Recommendation: On March 26, 2013, the Miami Design Preservation League, Inc., (MDPL), through its attorney Kent Harrison Robbins, filed an appeal of the March 6, 2013 ORB Order on File No. 22936, approving the Application for Design Review Approval for the construction of a new 2-story home, to replace an existing home constructed prior to 1942, to be demolished, at 42 Star Island Drive. Section 142-1 08(g)(3) of the City Code, requires that this appeal be heard by a Special Master appointed by the City Commission, in accordance with the procedures set forth in Section 118-537(b) of the City Code. The Special Master appointed by the City Commission to hear such appeals is Warren Bittner. On April 4, 2013, the MDPL filed a Motion to Disqualify Special Master Bittner. Mr. Robbins stated that Special Master Bittner is representing the City of Miami, as Deputy City Attorney, in two preexisting, ongoing and "contentious" litigation cases where Mr. Robbins is the opposing counsel. For said reason, Mr. Robbins explained that the MDPL fears that it will not receive a fair hearing and determination in the present case. On April 5, 2013, Special Master Bittner ruled that although the Motion to Disqualify was legally insufficient, he would nevertheless voluntarily recuse himself as "it would be in the best interests for the administration of justice" and "consistent with Cannon 2 & 3 of the Florida Code of Judicial Conduct." The City Attorney and the City Manager hereby request that this appeal be transferred to a specially appointed Special Master who, as required by Section of 118-537(b )(3) of the City Code, is an attorney in good standing with the Florida Bar, with expertise in the area of historic preservation. Advisory Board Recommendation: Financial Information: Source of Funds: ~ 1 $250.00/hour -I ,, ,-.o-.;;,< ,, hearinq. v OBPI Total $1 ,250. Financial Impact Summary: Clerk's Office Le islative Trackin Si n-Offs: Department Director REG MlAMlBEACH Amount Maximum of $1,250 491 per Account • 011-0210-000312 JM AGENDA ITEM -.f\_l_F-_ DATE tJ-/]-t3 G) MfAMtBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: ·So of the City Commission FROM: DATE: April 17, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND APPOINTING, PURSUANT TO SECTIONS 142-108(G)(3) AND 118-537(B) OF THE MIAMI BEACH CITY CODE, , TO SERVE AS SPECIAL MASTER, ON THE APPEAL OF "IN RE: 42 STAR ISLAND DRIVE, MIAMI BEACH, FL", CASE NO. HPSM-13-001, ORB FILE NO. 22936. ADMINISTRATION RECOMMENDATION Approve the resolution, and appoint a Special Master for the appeal of "In Re: 42 Star Island Drive, Miami Beach, FL", Case No. HPSM-13-001, ORB File No. 22936. ANALYSIS On March 26, 2013, the Miami Design Preservation League, Inc., (MDPL), through its attorney Kent Harrison Robbins, filed an appeal of the March 6, 2013 City of Miami Beach Design Review Board Order on File No. 22936, approving the Application for Design Review Approval for the construction of a new 2-story home, to replace an existing home constructed prior to 1942, to be demolished, at 42 Star Island Drive. (See Exhibit "A.") Section 142-108(g)(3) of the Miami Beach City Code, requires that this appeal be heard by a Special Master appointed by the City Commission, in accordance with the procedures set forth in Section 118-537(b) of the Miami Beach City Code. The Special Master appointed by the City Commission to hear such appeals is Warren Bittner. (See Resolution 2010-27524, attached hereto as Exhibit "B.") On April 4, 2013, Appellant, MDPL, filed a Verifi~d Motion to Disqualify Special Master Bittner. (See Exhibit "C.") Mr. Robbins stated that Special Master Bittner is representing the City of Miami, as Deputy City Attorney, in two preexisting, ongoing and "contentious" litigation cases where Mr. Robbins is the opposing counsel. For said reasons, Mr. Robbins explained that the MDPL "fears that it will not receive a fair hearing and determination in the present appeal due to specific prejudice and/or bias of the Special Master as a result of the ongoing adversarial relationship between its counsel and Special Master Bittner." 492 On April 5, 2013, Special Master Bittner issued an order on the Appellant's Verified Motion to Disqualify. (See Exhibit "D.") Special Master Bittner ruled that although the Motion to Disqualify was legally insufficient on various grounds, he would voluntarily recuse himself as the Special Master in this appeal as "it would be in the best interests for the administration of justice" and "consistent with Cannon 2 & 3 of the Florida Code of Judicial Conduct." The assigned Special Master having recused himself and having withdrawn from further proceedings in this appeal, the City Attorney and the City Manager hereby request that this appeal be transferred to a specially appointed Special Master who, as required by Section of 118-537(b)(3) of the Miami Beach City Code, is an attorney in good standing with the Florida Bar, with expertise in the area of historic preservation. JLM/JS/reg T:IAGENDA\2013\Aprii17\CHIEF SPECIAL MASTER MEMO 42 STAR ISLAND.doc 493 l~i March 26,2013 By Hand Delivery City Clerk The Law Offices of Kent Harrison Robbins MAR 2 6 2013 ClERK OF City of Miami Beach ."'lr-r::•~•ML MASTER 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Inc.'s Notice of Appeal of the March 2013 City of Board Order on File No. approving Application a new 2-story home, to replace an to be demolished, at 42 Island To Miami Beach: Miami Preservation League, a not-for-profit Florida Corporation, notices Clerk that it is filing Notice Appeal challenging March 2013 Order the City Miami Beach Review Board on File No. approving the Application for Design Review Approval for the construction a new 2-story home, to replace 1942 architecturally signiflcant to be demolished, at 42 Star Island Florida. The March 6, 13 Design Review Board is attached Section 1 (appointed by City this appeal to a special master Commission) and to follow the set §118-537(b) Miami Beach Code. filing fee of percent of the paid by the Applicant below) is cc: Attorney, by email to ~'!J..!~,~.\!~~~~~ .. ,~.~~!o- Mooney, Design and Preservation Manager, by email to wlarkin(£{11?1{.ZoningLaw.co_m I BIT """"''-='" REVIEW City of Miami Beach, Florida MEETING DATE: March 5, 2013 NO: 22936 PROPERTY: 42 Star Island Drive LEGAL: Lot 42, Star Island, according to the Plat Thereof, as Recorded in Plat Book 5, Page 52, of the Public Records of M!ami~Dade County, Florida, alkla Lot 42, Corrected Plat of Star Island, according to the Plat Thereof, as Recorded in Plat Book 3·1, Page 60, of the Public Records of Miami~ Dade County, Florida. IN The Application for Design Review Approval for the construction of a new 2-story home, to replace an existing pre-1942 architecturally significant home, to be demolished. The applicant, Dr. Leonard Hochstein, filed an application with the City of Miami Beach Planning Department for Design Review Approval. The City of Miami Beach Design Review Board makes the following FINDINGS OF FACT, based upon the evidence, information, testimony and materials presented at the public hearing and which are part of the record for this matter: A 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 not consistent with Design Review Criteria Nos. 6 & 8 in Section 118-251 of the Miami Beach Code .. B. The project would be consistent with the criteria and requirements of section 118-251 if the following conditions are met: 1. , Revised elevation, site plan and floor plan drawings shall be submitted to and reviewed by staff; minimum, such drawings shall incorporate the following: 495 Page 2 of6 Meeting Date: March 5, 2013 ORB File No. 22936 a. A bronze plaque, which includes a brief history of the original home, along wlth an engraved photo of either the street front or water front elevation, shall be provided ln an area at the front of the property, in a manner to be reviewed and approved by staff. b. Color photos and measured drawings, including floor plans and elevations of the existing home, shall be provided. c. The applicant, as proffered, shall carefully preserve and retain one or more of the existing decorative ceilings for incorporation into the proposed main home, in a manner to be reviewed and approved by staff. d. The overall height to the top of the parapet of the garage within the front yard of the property shall be reduced by at least 1'-5", from 25'-5" to a maximum height of 24'-0", in a manner to be reviewed and approved by staff. e, The overall height to the top of the parapet of the guest house within the rear yard of the property shall be reduced by at least 1 '-4", from 26'-4" to a maximum height of 25'-0", in a manner to be reviewed and approved by staff. f. The overall height from the top of the second floor slab to the top of the roof slab of the main residence shall be reduced by at least 1 '-0", in a manner to be reviewed and approved by staff. g. The architecture of the proposed stairwell and elevator bulkhead shall be much further simplified, the total footprint minimized, and shall be substantially composed of a simple glass enclosure on all sides with a flat roof slab, in a manner to be reviewed and approved by staff. h. The final design and details of the driveway and auto court at the front of the home, including paving materials and patterns, shall be substantially further developed and refined in a manner more closely integrated with the central siting and architectural composition of the main residence, in a manner to be reviewed and approved by staff. L All windows, exterior doors, balustrades, exterior raflings, and exterior decorative features and details shalf be subject to the review and approval of staff. j. Manufacturer's drawings and Dade County product approval numbers for all new windows, doors and glass shall be required, prior to the issuance of a building permit. 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. . ' 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. 496 Page 3 of 6 Meeting Date: March 5, 2013 DRB File No. 22936 2. A revised landscape plan, and corresponding plan, shall submitted to and approved by staff. The species type, quantity, dimensions, spacing, location and overall height of a!! plant material shall be clearly delineated and subject to the review and approval of staf[ At a minimum, such plan shall Incorporate the following: a. The applicant shall explore alternative pavement materials or combination of materials, for the front entrance drive and plaza, in a manner to be reviewed and approved by staff. b. The landscape plan shall be revised to more accurately reflect the rendering provided for the rear of the home, subject to the review and approval of staff. c. The landscaped areas at the rear of the home shall be substantially consistent with the percentage of pervious green space shown in the landscape plan provided with the application, subject to the review and approval of staff. d. The use of sod within the side yards of the home shall be reduced. e. Street trees shall be required within the swale at the front of the property if not in conflict with existing utilities. f. Any existing plant material within the public right~of~way may be required to be removed, at the discretion of staff. g. A fully automatic irrigation system with 100% coverage and an automatic rain sensor ln 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. h. The utilization of root barriers and/or structural soil, as applicable, shall be clearly delineated on the revised landscape plan. i. The applicant shall verify, prior to the issuance of a Building Permit, the exact location of an 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 screen~ed with landscape material from the right- of-way, shall be dearly indicat1:!d on the slte and landscape and shall be subject to the review and approval of staff. j. The applicant shall verify, prior to the issuance of a Building Permit, the exact location of all applicable FPL transformers or vault rooms; such transformers and vault rooms, and all other related devices and fixtures, shall not be permitted within any req1.1ired yard or any area fronting a street or sidewalk. The location any exterior transformers, and how they are. screened with landscape material from the right-of-way, $haU be clearly indicated on the site and landscape plans and shall be subject to the review and approval of staff. 497 Page 4 of 6 Meeting Date: March 5, 2013 ORB File No. 22936 k. Prior to the issuance of a Certificate of Occupancy, the Landscape Architect or the project architect shall verify, in writing, that the project is consistent with the site and landscape plans approved by the Planning Department for Building Permit. 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. The final building plans shall meet all other requirements of the Land Development Regulations of the City Code. 5. The applicant may be required to submit a separate analysis for water and sewer requirements, at the discretion of the Public Works Director, or designee. Based on a preliminary review of the proposed project, the following may be required by the Public Works Department a. Remove/replace sidewalks, curbs and gutters on all street frontages, if applicable. Unless otherwise specified, the standard color for city sidewalks is red, and the standard curb and gutter color is gray. b. Mill/resurface asphalt in rear alley along property, if applicable. c. Provide underground utility service connections and on-site transformer location, if necessary. d. Provide back-flow prevention devices on all water services. e. Provide on-site, self-contained storm water drainage for the proposed development. f. Meet water/sewer concurrency requirements including a hydraulic water model analysis and gravity sewer system capacity analysis as determined by the Department and the required upgrades to water and sewer mains servicing this project g. Payment of City utility impact fees for water meters/services. h. Provide flood barrier ramps to underground parking or minimum slab elevation to be at highest adjacent crown road elevation plus 8". i. Right-of-way permit must be obtained from Public Works. j. All right-of-way encroachments must be removed. k. All planting/landscaping in the public right-of-way must be approved by the Public Works and Parks Departments. 6, The pro]ect shall comply with any landscaping or other s!del,o/alklstreet improvement standards ·as may be prescribed by a relevant Urban. Design Master Plan approved prior to the completion of the project and the issuance of a Certificate of Occupancy, in a manner to be reviewed and coordinated by staff. 7. The Final Order shall be recorded in the Public Records of Miami-Dade County, prior to the issuance of a Building Permit. 498 8. Page 5 of 6 Meeting Date: March 5, 2013 ORB File No. 22936 At the time of completion of the project, only a Final Certificate of Occupancy (CO) or Final Certificate of Completion (CC) may be applied for; the staging and scheduling of the construction on site shall take this into account A!! worl< on site must be completed in accordance with the plans herein, as well as any modifications approved or required by the Building, Planning, CIP and Public Works Departments, inclusive of all conditions imposed herein, and by other Development Review Boards, and any modifications required pursuant to field inspections, prior to the issuance of a CO or This shall not prohibit the issuance of a Partial or Temporary CO, or a Partial or Temporary CC. 9. The Final Order is not severable, and lf any provision or 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 condiiions. 10. The conditions of approval herein are binding on the applicant, the property's owners, operators, and all successors in interest and assigns. 11. 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 the evidence, Information, testimony and materials presented at the pubHc hearing, which are of the record for this matter, and the staff report and analysis, which are adopted including the staff recommendations which were adopted by the Board, that the Application for Design Review approval Is GRANTED for the above-referenced project subject to those certain conditions specified In Paragraph B of the Findings of Fact (Condition Nos. 1~11, inclusive) hereof, to which the applicant has agreed. PROVIDED, the applicant shall build substantially in accordance with the plans approved by the Design Review Board, as determined by staff, entitled "Hochstein Residence", as prepared by Kobi Karp Architecture, dated January 21, 2013, modified in accordance with the conditions set forth in this Order and staff review and approval. No building permit may be issued unless and LU'Itil all conditions of approval that must satisfied prior to permit issuance as set forth in this Order been met The Design Review Approval does not reiieve the applicant from obtaining all other required Municipal, County and/or State reviews and permits, including final zoning approvaL If adequate handicapped access is not provided on the Board-approved plans, thfs 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 tht? Full Building Permlt for the project is not issued within eighteen (18) months of the meeting date at which the original Design Review Approval was granted, the Design Review Approval wm expire and become null and void, unless the applicant makes application to the Board fo~ an extension of time, in accordance with the requirements and procedures Chapter 118 of the Clty Code; the granting of any such extension of time shall be at the dlscretton of the Board. At the hearing on any such application, the Board may deny or approve the request and modify the 499 I I Page 6 of6 Meeting Date: March 5, 2013 DRB File No. 22936 above conditions or impose additional conditions. If the Fu!l Building Permit should expire for any reason (Including but not limited to construction not commencing and continuing, with required inspectJons, ln accordance with the applicable Building Code), the Design Review Approval will expire and become null and valet ln accordance with Section 118-264 of the City Code, the violation of any conditions and safeguards that are a part this Order shall be deemed a violation of the land development regulations of the Code. STATE FLORIDA ) )SS COUNTY OF MlAMl~DADE ) The foregoing instrument was acknowledged before me this day of £-L/:1 .& cZlA 20.1..,2byThomas R. Mooney, Design and Preservation Manager, Planning'Oepartment, C!ty of Miami Beach, Florida, a Fiorlda Municipal Corporation, on behalf of the Corporation, He ls personally known to me. TERESA MARIA * MV CQMMISSION N DD 928i4fl EX~\1: !I~~Wmbsr 2013 Bondccl Thru 6ul~t N<l\arj Approved As To Form: legal Department: ( ~ ... t.. -~()I J Filed with the Clerk oft e Design Review Board on ( ~-(a_ "Z.o13 F:\PLAN\$DRB\DRB13\MarDRB13\22936.Mar13.FO.docx 500 RESOLUTION NO~i 2010-27524 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RE-APPOINTING MR. WARREN BITTNER, ESQ. TO SERVE AS SPECIAL MASTER FOR APPEALS OF DECISIONS OF THE CITY'S HISTORIC PRESERVATION BOARD UNTIL SEPTEMBER 16,-2013, AND SETTING THE COMPENSATION AT $100.00 PER HOUR WITH A MAXIMUM PAYMENT OF $500.00 PER CASE. . WHEREAS, the Mayor and City Commission of the City of Miami Beach recognize that a process .for the review of decisions rendered by the Historic Preservation Board has been established under City of Miami Beach City Code, Section 118-537 (b)(3); and · i WHEREAS, affected parties have the right to seek a review by a Special Master appointed by the City Commission of projects approved by the Historic Preservation Board; and WHEREAS, Mr. Warren Bittner, Esq., is a uniquely qualified individual, based upon his experience in the field of historic preservation and as a practicing attorney, tb review decisions rendered by the Historic Preservation Board; and WHEREAS, in City of Miami Beach Resolution No. 2007-26642, the Mayor and City Commission re-appointed Mr. Warren Bittner, Esq. to serve as Special Master for appeals of decisions of the City's Historic Preservation Board through September 16, 2010;and WHEREAS, Resolution No. 2004-25710 established the compensation at the rate of $100.00 per hour with a maximum payment of $500.00 per c~se. · · NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF .MIAMI BEACH, FLORIDA that 'Mr. Warren Bittner,· Esq., is hereby re-appointed to serve as a Special Master for appeal's of decisions of the City's Historic Preservation Board for a period of three (3) years expiring on September 16, 2013, and to set his compensation at the base rate of $100;oo per hour with a maximum payment of $500..00 per case. ATTEST: · !o T:\AGENDA \201 0\September 15\Consent\Warren Bittner-RES rev.doc EXHIBIT fso 1 APPROVED ASTO FORM & LANGUAGE &F6 ECUTiON --* 19 IT L ,.,., I 1 l,l--., TN 42 STAR ISLAND DlUVE, MIAMI BEACH, FLORIDA BEFORE THE SPECIAL MASTER CITY OF MIAMI BEACH, FLORIDA CASE NO. HPSM-13-001 [DRB FILE NO. 22936] APPELLAI't"'TS' VERIFIED 1\tiOTION TO DISQUALIFY SPECIAL "'MASTER Miami Design League, Inc. ("MDPL"), ;;md its undersigned counsel, pursuant to Rule Judicial Administmtion ("Rule 2.330"), hereby moves to disqualify Special Master proceeding further in OVERVIEW AppeUant MDPL that it will not a detennination due to bias or prejudice Special Master its counsel. The Special Master case, Warren Bittner, has a direct, ongoing, pre-existing interaction with MDPL's undersigned counsel another, umelated matter m dispute in two pending litigations, SC Investment Holdings, LLC v. City of,Miami, et. al. (Circuit Case No. 12-04991 CA and CoUit Appellate Division No. 12-402-AP). Mr. is Deputy Attorney f(H Miami those cases. The counsel represents SC Jnvestment Holdings, ("SC Investments"). case, there is a pending Motion to Refer to Commissioner to Hold Evidentiary Hearing. issues to be resolved regards on of other members of Special Master Bittner's law firm. has resulted in a situation where the appellant MDPL has a well-founded prejudice or against Accordingly, 502 EXHIBIT C CASE NO. HPSM-13-001 pursuant to applicable rules and prevailing disqualify himself. the Special Master should immediately FACTS 1. This action is an appeal of City of Miami Beach Design Review Board Order on No. 22936, approving Application for Design Review Approval the construction of a new 2-story home, to replace an existing pre-194 2 significant home, to demolished, at 42 Star Island Drive, Miami Beach, Florida, which was filed on March 2013. The MDPL is the appellant The undersigned counsel has represented the MDPL, intermittently, 2007 and handled the hearing of this matter below and related matters. 2ih or 28 1h of March, in a conversation with Ms. Cynthia Neves, Clerk the Special Master for the City of Miami Beach, the undersigned counsel was advised that Warren Bittner had been appointed Special Master and was to preside over the instant 3. March 29, 2013, the undersigned counsel received an email from Mr. Bittner, attached on behalf of the City of Miami in case, SC Investment Holdings LLC v. City of Miami, et. al. (Circuit Court No. 12-04991 CA 08). 4. The lmdersigned counsel represents SC Investments in case, and other litigation involving SC Investments, the City of Miami, and others, that is, in Circuit Appellate Division Case No. 12-402-AP. 5. Mr. Bittner is an attorney involved in both actions representing the City of Miami against Investments, and therefore is one ofthe undersigned's adversaries both actions. 6. The litigation between SC Investments and City of Miami is contentious. Pending in Case. No. 12-402-AP are motions, one of which is Investments' Motion to Refer to Commissioner to Hold Evidentiary Hearing. That Motion to Reier is related to a Motion CASE NO. HPSM-13-001 to Dismiss Lack of Jurisdiction and the Court for an evidentiary hearing to resolve factual issues, including questions raising possible improper conduct involving other members of Mr. Bittner's law For the reasons discussed herein, the MDPL that it will not receive a fair hearing and determination in the instant appeal due to specific prejudice and/or bias of the Special Master as a result of the current ongoing adversarial relationship between its counsel and Special Master Bittner. 8. The adversarial relationship is between the Special Master and the MDPL's counsel, not between the Special Master and the party, the MDPL. The MDPL believes that it will suffer prejudice against position in the instant case as a result of the Special Master's bias against Mr. Robbins, its counsel in this matter, arising from the contentious litigation in other matters that are current and ongoing. MDPL, being fully apprised of the facts, fears it vvill not receive a fair hearing. 9. The MDPL's fear is reasonable and well-founded. Florida Rules of Judicial Administration 2.330 governs disqualification of judges, and provides both the procedure and the grounds for a motion based upon the rule. Further, the rule allows the motion for disqualification to be based upon the rule, statute or by the Code of Judicial Conduct. Fla. R. Jud. Admin. 2.330(b). Florida Statute §38.02 (2012) extends all of the grounds of disqualification of a judge to special masters. Tri-State Enterprises, v. Berkowitz, 182 So. 2d 40, 44 (Fla. 2d DCA 1966); see also Jenkins v. Sterlacci, 849 F.2d 627, 631 n.l (D.C. Cir. 1988) .. .insofar as special masters perfonn duties functionally equivalent to those 504 CASE NO. HPSM-13-001 performed by a judge, they must be held to the same standards as judges for purposes of disqualification. The grounds for disqualification are clearly set forth in Florida Rules of Judicial Administration 2.330(d). The motion to disqualify "shaH show" party fears that he or she will not a fair or heming because of specifically described prejudice or of the judge, or as in this case, the special master. Fla. R. Jud. Admin. 2.330( d)(l ). The MDPL clemly states fears and the specific grounds for these fears herein this sworn motion. The Canons contained within Code of Judicial Conduct provide independent grounds for disqualification. Both Canons 2 and 3 apply to the situation at hand. Canon addressing a judge's avoidance of the appearance of impropriety, demands the special master "respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary." Fla. Code of Jud. Conduct, Canon 2.A. The United States Supreme Court has stated that "[t]he goa1 is to avoid even the appearance of partiality." Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 860 (1988). The commentary to Canon 2.A lays out the test tor an appearance of impropriety: The test for appearance of impropriety is whether the conduct would create reasonable minds, with knowledge of all the relevant circumstances that a reasonable inquiry would disclose, a perception that the judge's ability to carry out judicial responsibilities with integrity, impartiality, and competence is impaired. Commentary to Canon 2.A, Fla. Code of Jud. Conduct. Special Master Bittner's direct contact with Mr. Robbins, counsel for the MDPL in the instant appeal, because of contentious ongoing litigation happening concurrently, would create in reasonable minds a perception of impaired ne1:ence. The potential for bias exists. The appearance of impartiality is as harmful as actual impartiality. Livingston v. State, 441 So. 2d 1083, 1086 (Fla. 1983). 505 CASE NO. HPSM-13-001 Furthermore, Canon 3 .E( 1) mandates a judge or special master to disqualify himself in a proceeding where his impartiality might reasonably be questioned. Canon 3.E(l), Fla. Code of Jud. Conduct (emphasis added). One of the enumerated instances that require disqualification is that where the special master or judge has a personal bias or prejudice concerning a party or a =-"-'-~=..:.....'-"""-· Canon 3.E(l)(a) (emphasis added); see also Town Centre of L'ilamorada, Inc. v. Overby, 592 So. 2d 774, 774 (Fla. Yd DCA 1992) ("Bias or prejudice against a litigant's attorney is grounds for disqualification where the prejudice is of such degree that it adversely affects the client. The interaction between Mr. Robbins and Special Master Bittner is ongoing, and adversarial. (The attorney/client relationship between Mr. Robbins and the MDPL pre-dates the litigation between SC Investments and the City of Miami.) These facts show that the resulting prejudice to the MDPL is of a significant degree such that it will have an adverse affect on the instant appeal. Review a Verified Motion for Disqualification is narrow. According to Rule 2.330(£), the special master/judge against whom an initial motion is filed "shall determine only the legal sufficiency of the motion and shall not on the truth of the facts alleged. The motion "is legally sufficient when the alleged facts would create in a reasonably prudent person a well- founded fear of not receiving a fair and impartial trial."1 Valdes-Fauli v. Valdes-J<auli, 90£3 So. 2d 214, 216 (Fla. 3rd DCA 2005). The alleged facts are assumed to be true and are viewed from the movant's perspective. Krawczukv. State, 92 So. 3d 1 200-01 (2012); .Jarp v . .Jarp, 919 So. 2d 614, 615 (Fla. 3rd DCA 2006). 1 The other grounds for legal sufficiency as per Rule 2.330 include that the motion be verified and that counsel include an accompanying certificate of good faith. The instant motion is compliant with these mandates. CASE NO. HPSM-13-001 This Court's only determination is whether these assumed-to-be true facts would prompt a reasonably prudent person to fear that he could not a fair and impartial proceeding. Hayslip v. Douglas, 400 So. 2d 553, 556 (Fla. 41h DCA 1981). "It is a question of what feeling resides in the [movant's] mind, and the basis for such feeling ... [The special master] cannot pass on the truth ofthe allegations offact." Id. (quoting State ex rel. Brown v. Dewell, 179 So. 2d 695,697- 98 (Fla. 1938). "If the motion is legally sufficient, the judge [special master] shall immediately enter an order granting disqualification and proceed no further in the action." Fla. Rule of Jud. Admin 2.330(t). Accordingly, as this Verified Motion sets forth, the unusual circumstances ofthe instant case have produced in the MDPL a reasonable and justifiable that it will not fair hearing and determination in an appeal over which Special Master Bittner would preside. "A trial in a fair tribunal is a basic requirement of due process." Jenkins, 849 F.2d at 1. ·wHEREFORE, the Miami Design Preservation League, Inc. respectfully moves for an immediate order disqualifying Special Master Warren Bittner from presiding over tl1is matter. KENT HARRISON ROBBINS Attorney for Appellant MDPL 1224 Washington A venue Miami Beach, Florida 33139 Telephone: (305) 532-0500 Facsimile: (305) 531-0150 Email: khr@khrlawoffices.com Florida Bar No.: 275484 CASE NO. HPSM-13-001 GOOD FAITH CERTIFICATION PURSUANT TO FLA. R. JUD. ADMIN 2.330(c) undersigned counsel herby certifies, pursuant to Rule 2. 3 00( c), the Verified Motion is made good SON ROBBINS Attorney Appellant MDPL VERJFICA TION Under penalties perjury, l 1 have read foregoing Verified Motion to Disqualify Special Master, and the facts stated therein are true. Miami Design Preservation By: Charles Urstadt as Chahm STATE OF FLORlDA ) ) ss.: COUNTY OF MIAMI-DADE ) instrument was acknowledged before me this ~~day of April 2013, by Urstadt as Chailman of the Miami Design League. He is personally to me or __:i.._ who has provided F~-~;23_--:l!f1.ft5!11:{~ identification. My commission expires: ~~J.'J./ ll.R l{ent H. Robbins from: Sent: Bittner, Warren <WRBittner@ miamigov.com > Thursday, March 28, 2013 4:05 PM To: Kent H. Robbins Cc: Dennis Richard Subject: SC Investiments TI-Circuit Court-12-04491 CA 08 Kent, I tried to call you a moment ago, but you were out. May the Defendants (all of us) have an extension to respond to your First Amended Complaint through and including April 26th, 2013? Currently our responses are due on April 1st (for City) and April 2nd (other Defendants). Please let me know. Thank you very much. Warren Bittner, Deputy City Attorney City of Miami Office of the City Te!ephone: 305-416-1813 Facsimile: 305-416-1801 Assistant: Bettie 1, Vogler (305) 416-1830 !ll§~[!mtJ:: This e-mail is intended for the or named within th<: message. This e-mail contaln confidential Information. If you owoerN received this e-mail as a cl!Mt or retained expert, hold it in confidence to protect the ::.n'"''""'"· c!!ent or work Should the intended recipient forward or disclose this message to another person or party, that action could acuJn:PeV-{:Hel1t nriviiM:t•"'~ \f the reader of this message not the intended or the agent to deliver it you are notified that any review, dissemination. distribution or of this communkatlon ls by the sender and to do so constitute a violation of the Electronic Communications Act, 18 U.S.C. section 25Hl·2521. If this commt.mh::atinn was received in error we for the lntruslorL Please notify us e-maa and delete the original message. in this e-maH message in and of crmate an relationship with thm sender. Please consider the environment before printing this e-mail. 509 CASE NO. HPSM-13-001 THE UNDERSIGNED HEREBY CERTIFIES that a true correct copy ofthe foregoing was forwarded by electronic mail on the t day of April, 201 to counsel as follows: Gary Held, First Assistant City Attorney City of Miami Beach 1700 Convention Center Dr. Miami Beach, Florida 33139 Telephone: (305) 673-7000 ext. 6532 Facsimile: (305) 673-7002 Email: Garyl-feld@miamibeachflgov Michael Larkin, Esq. Bercaw, Radell & Fernandez, P.A. 200 South Biscayne Blvd., Suite 850 Miami, Florida 33131 Telephone: (305) 377-6231 Facsimile: (305) 377-6222 Email: MLarkin@brzoninglaw.com - 510 KENT HARRISON ROBBINS BEI<"ORE SPECIAL 1\'!ASTER CITY OF MIA~U BEACH, FLORIDA NO.: HPSM-13-001 FILENO. IN ISLAND DRIVE, MJAMI BEACH, FLORIDA, The Appellant, JNC. (".MDPL") has MOTION seeking to disqualifY the undersigned from presiding over matter. After contents Motion, Special Master rules as foUow: I. THE STA~l)ARD FQR DlSQllAl~IFYl~G THE SPEeiAL l\rt4.STER MDPUs Motion to is under Rule 2330 of the Florida Rules tviDPL to Section (b) of Rule for that it allows for a motion disqualification to be based on rule, Rule on authority Rule and Inc. v. Berkowitz, 182 So. 40 (Fla. tld DCA 1966), NIDPL ""'"''"'""'"'"that section 38.02, F,S., "extends all of the grounds of disqualification a judge to special masters., :First, subsection (a) ofRule 2,330 (a) Application. This n!le to county and judges in aU matters in all divisions of court. [bolding added] EXHIBIT D 511 2 ORDER ON MOTION DISQU.<\LIFY CASE NO.: HPSM-13-001 Therefore, its own terms, Rule 2330 "applies only to City of Miami is neither a county judge, nor a judge. Thus. Rule is not the vehicle through circuit can be extende~ to the Second, 182 Zd 40 2nd DCA 1966), decided in to the adoption of current Florida Rules of Civil l, 1 held, other point raised ls the appointment of an cm:rnsci as spedal mn~ter to perform duties proc~sing the redemption of th~ The in fonncr of masrers was forward into Rule L490(d), R. 187 So.2d (Fla l 512 ·•masters" to "magistrates", 2 3 '""'"""""-....,"' ON MOTION TO DISQUALIFY NO.: HPSM-13..001 Rule 1.490(d). now provides, in pertinent m (d) Generall"owers and Duties. aU of the duties that pertain to cn~moerv and under the direction """"''"'U"'"' shall perform acootdiug to the practice in court . }..U grounds oJ ~~!!lli~;m.J~.JY9~~~!fiDrJq_Jru!~mutl. [underlining addedJ Noh\'ithstandi ng to magistrate" Rule and Title of Rules", on the to 1.010, Fla SCOPE AND statut20:: p:roceeding_Acjn the circuit courts ~nd county COJtrts except to which the Florida Probak tbe Florida l~amily Law Rutes Procedure, or the SmaH apply. time of pleading in an special statutory proteedings shan as prescribed by the the proceedings rules specii1ealiy provide to the rules shall be to secure the just, and determination of every action. These rules shaH be known as of Civil Procedure and abbreviated as FtaRCiv,P. the holding m undersigned is not bound by the Fla R. (applicable only of this state), This the questions what procedures m un the quasi-j udidal decision made by z See Amemiments to the App, tlte R. of etc., 1090, 1090-91 2004). 513 PAGE 4 ORDERON TO CASE NO.: HPSM-13-001 below. The the Florida Supreme Court has answered So.2d 1212 (Fla. 1979). Carlton, filed a suggestion thai or be cause on the grounds friendship lav;yer whose law firm represented the respondent, the administrator of estate to but were not attorneys view of "'rith individual Deparlmeni l975)][boiding As indicated above, MDPL Jud. Adm., and the has However, even assurning heen and the cause at issue. In leaving the up Court Fla. that this does not apply in it did apply. MDPL's motion would have decision in Barnhill v. State, 834 (Fla. 2002). is on point controlling. the Appellant (Barnhill) argued trial ccurt in motion to disqualify motion was technicaHy insufficient and properly denied, Florida Supreme Court as follows: 514 PAGE 5 ORDER ON MOTION DISQUALIFY CASE NO.: HPSI\-1·13..001 In the motion to disqualify, Barnhill asserts that a weB- grounded that will not and impartialt and that the judge's indicate bias against him because 1he judge denied his to despite the State offered no to contradict Barnhill's that he iived \vtth his girlfriend in New York. The motion to dlsqualif)' is \egaily insufficient the supporting afl1davit made by not state the specific which lead him to believe he \vill not receive a The oath tb~lt contained in this motion." !JamhUl did not tYl!Jll'l affidavit statipg the fad~ and the reasoqs for flw ,Jldief that bias or prejudice ~:Qits. ~the certificate of ctunsl~l of rec~x!!js attached to the mtltion itself and sbJtes only that the SJr:ttements of the defendant cot1t~ined "herein" arfl, made in goo~ fnittl, was tecmlkally insufficient, and the trial judge's ruling was correct Without the the motion was legally suiliciem u""·'*u;,..., motion \Vl:1S were legally com.mentary on the truthfulness the outcome and \varranted true_or not~. the tecil:rdcal r~n~I~l!!Cnts of the motiQJl were not m.~t and the trial eourt's decision todenyjhe motiOD @S lf,'l'g_~llY insufficient l'Jl!tnroner. I d. at [underlining and bolding added], motion to disquaHi)' at bar is indistinguishable motion deemed technically and legally defective by the Court Barnhill, in particular: the oath MDPL) on merely refers to and the reasons the belief that or prejudice and (b) Certification counsel also attached to the motion itseif on states only tlmt ''Lhe Verified Motion is made in good faith". 515 PAGE 6 'U'n.I..<JLn. ON MOTION TO NO.: BPSM~ 1J..001 Consequently. the oreced.em of the Florida applied, because it is technically l'HE !\lOTION TO DISQlJAIJFY IS J,EGALL\'1NSUFFICIENT Motion to DisqualifY is also legally technically insufficiency Supreme Court has repeatedly set forth test to determine legal .. ,.~ ....... ~. motion to the motion is detennination must be aHeged \votdd place a person in ,, lm: •• 1334-5 (Fla 1990), livingston v. t So.2d 1083, 1086 (Fla. 1983). The legal sufficiency of motion is purely a question law. at C~urt \ll3S whether ro1 allegation in a motion contribution to the more, is that some persons may biased favor of the contributing litigant or that a contribution was made." Florida Supreme h~ld that 516 7 V.A'UJtL.O: ... ON MOTION TO DISQUALIFY CASE that "[a) judge is not to dis qual i l)' such alleged facts." ld. Other precedent m light on what constitutes a I So.2d 857 2006), Schocnwetter, moved to disqualifY judge based on the fact the trial was a prejudice or ofthe judge" at 872. Corporathm v. Padovmw, 708 244 the had to to a writ to prevent First from presiding over rm pending that rourt on a previous panel court judges in Court, a pnor in the panel. that, of Canon 3E( 1 ). disqualifY or herself in a questioned," hold unprofessionalism to The . in and of lS 517 ORDER 8 MOTION TO DISQUALIFY HPSM-13-00J judicial disqualification. The same applies in the similar context attorney perceived judicial unprofessionalism to " ld. at 248. The a showing Cannon 3E( l) should appJy made in that case: JQC have been reports to The Florida Bar or disqua1 i !I cation remains available where it can be "the or the party's 3E(lXaXemphasis has bias or prejudice concerning a la,;,yer[. t Fla. Jud. Conduct Cannon added). No such showing .has been here. fan~iful tQ_~~t r~U.e£ J986Xholding that '[aJ an foundation that petitioner's ~.pbjee~~ivc as alleged, were not sufficient to justify a weil-tbundcd ofprejudice). [underlining and holding addedl[italics in The rationale of Corporation is equally applicable to the situation here -it is speculative, attenuated too fanciful to warrant relief. the Third that, litigant's attorney is disqUlllification where the prejudice is of such a that it of Islamnrada, So.2d 774. 775 DCA 1992}. Gituberg v. So.2d (Fla. l Stale a Davis v. Parks, 1 So. 613 ( 1930). noted that, "a \vrit of court.' Olszewska v. Fe"aro, 590 So.2d 1 i (Fla. DCA 199 the judge says he 'vill 518 PAGE 9 ORDER ON MOTION TO DISQUALIFY CASE NO.: HPSM-13~001 'deal with' attorney for having 'gone over' his head. Lame11dol.a v. Grossman~ 439 So.2d 960 (Fla. 3d DCA 1983); the judge states that client's attorney •should not be in this case. • llayslip v. Douglas. 400 So.2d 55 3 (Fla. 4th DCA 1981 ); the judge delivers a tirade about the law-yer's opposition to the judge's appointment to other judicial positions. McDemwtt v. Gros:mum, 429 So2d 393 (Fla. 3rd DCA 1983); or where attorneys for petitioners had testified against the judge at impeachment proceedings brought against the judge. Brewton v. Kelly, 166 So.2d 1U4 (Fla. 2nd DCA !964)." None of \Vhat MDPL has alleged in its motion even comes close to the legal level demonstrated by these example.s. Accordingly, by virtue of the numerous authorities cited above, the Special Master concludes that tvl.DPL 's Motion to Disqualify is legally insufficient, and is therefore DEN! ED. IV. YQ!::!.lll~T:\!tXR;f;(:US.~J:: Even though a suggestion for dLi)qualification is legally .insufficient, a judge may still voluntarily recuse himself if he believes it \Vould be in the best interests for the administration of justice. In re Estate of Carltott, 378 So.2d 1212 (Fla. 1979)(0verton, J. on denial of request for recusal). The Special Master is not unmindful of the legal muxim that ·'[e]very litigant is entitled to nothing less than the cold neutrality of an impartialjudge.'' This is an unusual situation, \Vhich has never occurred 1n the many years the undersigned has acted as Special Master hearing these appeals. The Special Master has been unable to locate any 519 PAGE 10 ORDER ON MOTION TO DISQUALIFY CASE NO.: HPSM~l3-001 authority directly addressing this situation. The case Jaw unitormly addresses the disqualiflcation of judges -which is not surprising -and judges do not usually simultaneously conduct the practice of la\V, as the Special Master does. Thus, Judge's are not faced \vith the situation of having an attorney appearing before him or her, who also happens to be an opposing counsel on a case in which they are actively representing a party. There being no case law on point, the Special Master is concerned that he has active, pending lawsuits on which MDPL's counsel is also simultaneously opposing counsel. If the Special Master were not to recuse himself, Mr. Robbins may be constrained, consciously or unconsdously. to act differently in the representation of his client in those la\vsuits. The Special Ma.;;;ter is also concerned about the potential for delay in the adjudication of this appeal occasioned by declining disqua1H1cation, which may be prejudicial to the parties. Consequently, with these considerations in mind, at least so long as the Special Master, in his role as Deputy City Artomey, is assigned by the City of Miami City Attorney to handle open and pending cases in which Mr. Robbins is opposing counsel, the Special Master believe:; it would be prudent and consistent with Cannon 2 & 3 of the Fla. Code of Jud. Conduct, to voluntarily recuse himself from appeals in which Mr. Robbins is representing a party, if thar party raises· an appropriate and timely o~jeclion, as has occurred in this case. Ill 'II In 520 WHEREFORE, Copies provided to: Kent Harrison Robbins, Esq. Michael Larkin, Held, First Spooial 521 PAGE 11 ORDER ON ~lOTION TO DISQlTAl.IFY CASE NO.: UPSM .. l3a00l RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND APPOINTING, PURSUANT TO SECTIONS 142-108(G)(3) AND 118-537(B) OF THE MIAMI BEACH CITY CODE, TO SERVE AS SPECIAL MASTER, ON THE APPEAL OF "IN RE: 42 STAR ISLAND DRIVE, MIAMI BEACH, FL", CASE NO. HPSM-13-001, ORB FILE NO. 22936. WHEREAS, on March 26, 2013, the Miami Design Preservation League, Inc., (MDPL}, by its attorney Kent Harrison Robbins, filed an appeal of the March 6, 2013 City of Miami Beach Design Review Board Order on File No. 22936, approving the Application for Design Review Approval for the construction of a new 2-story home, to replace an existing home constructed prior to 1942, to be demolished, at 42 Star Island Drive; WHEREAS, Section 142-108(g)(3) of the Miami Beach City Code, requires that this appeal be heard by a Special Master appointed by the City Commission, in accordance with the procedures set forth in Section 118-537(b) of the Miami Beach City Code; WHEREAS, the Special Master appointed by the City Commission to hear such appeals is Warren Bittner, Esq.; WHEREAS, on April 4, 2013, Appellant, MDPL, filed a Verified Motion to Disqualify Special Master Bittner, citing that it "fears that it will not receive a fair hearing and determination due to bias or prejudice of Special Master [Bittner] against its counsel"; WHEREAS, Mr. Robbins stated that Special Master Bittner is representing the City of Miami, as Deputy City Attorney, in two preexisting, ongoing and "contentious" litigation cases where Mr. Robbins is the opposing counsel; WHEREAS, on April 5, 2013, Special Master Bittner issued an order on the Appellant's Verified Motion to Disqualify whereby he ruled that although the Motion to Disqualify was legally insufficient on various grounds, he would nevertheless voluntarily recuse himself as the Special Master in this appeal as "it would be in the best interests for the administration of justice" and "consistent with Cannon 2 & 3 of the Florida Code of Judicial Conduct"; NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT: Special Master Bittner having recused himself and having withdrawn from further proceedings in this appeal, is hereby appointed to serve as Special Master, on the appeal of "In Re: 42 Star Island Drive, Miami Beach, FL", Case No. HPSM-13-001, ORB File No. 22936. ______ _ possesses the knowledge, skills and attributes to perform as Special Master in this appeal. PASSED and ADOPTED this_ day of April 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK T:\AGENDA\2013\April 17\Chief Special Masler Resolution 42 Slar Island doc MATTI HERRERA BOWER, MAYOR 522 COMMISSION ITEM SUMMARY Cor,1densed Title: A Resolution OfThe Mayor And City Commission OfThe City Of Miami Beach, Florida, Accepting The Recommendation By Staff And Respective Consultants Atkins North America, Inc. And Street Plans, Inc. Following A Presentation To The Finance And Citywide Projects Committee On March 21, 2013 And Maintaining The Current Width Of Prairie Avenue As Well As Its Respective Bicycle Lanes, Pursuant To The Regulations Established By Miami-Dade County Public Works, And Further Retaining Royal Palm Avenue's Current Design As Proposed In The Construction Plans, And As Approved Under Resolution 2013-28163 Via Amendment No.2 To Lanzo Construction A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Rejecting The Recommendation By Staff And Respective Consultants Atkins North America, Inc. And Street Plans, Inc. Following A Presentation To The Finance And Citywide Projects Committee On March 21, 2013 And Directing Staff To Continue To Evaluate The Reduction Of Prairie Avenue To Eliminate The Current Bicycle Lanes And Study Further The Possibility Of Including An Advisory Bicycle Lane Along Both Prairie Avenue And Royal Palm Avenue; And Further Authorizing The City Manager To De- Program Work Associated In The Construction OfThe Valley Gutters And Re-Grading And Milling And Resurfacing Along Prairie Avenue, As Authorized Under Resolution 2013-28163; Modifying Such Amendment To Add To The Contract Funds For A One Inch Overlay Of Asphalt Over The Current Existing Roadway And Resurface The StreetTo A Drivable Condition Durina The Experiment And Approval Process For An Advisory Bicycle Lane. Intended Outcome Su orted: reValue and Timely Delivery of Quality Capital Projects, Improve Storm Drainage Citywide, and Maintain City's ture 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 draina e 37% , and condition of roads 44% . Item Summary/Recommendation: On March 13, 2013 the City Commission adopted resolution 2013-28163, which approved the construction contract Amendment No. 2 in the amount of $3,723,986 to implement the proposed design change pursuant to the adopted BOOR Amendment of July 181h, 2012. During the Commission meeting, concerns were voiced by residents requesting further that the adopted Contract Amendment include the reduction of Prairie Avenue via the elimination of the current bike lanes, while at the same time evaluating the feasibility of including a Bicycle facility along the BOOR amended roadway width of Royal Palm Avenue. The Commission granted the authority to the City Manager to proceed with Amendment No. 2 as presented, contingent that staff evaluates further the possibility of incorporating these requests without affecting the timelines and cost to the current Bayshore A contract. A request was made also to further refer this matter to the March 21, 2013 Finance and Citywide Projects Committee (FCWCP). The City retained the services of Atkins North America and Street Plans Inc., experts in the motor vehicle and bicycle traffic fields, in order to determine the feasibility of removing the existing bicycle lane along Prairie Avenue and instead provide a bicycle boulevard along Royal Palm Avenue. In its preliminary review of the current conditions and based on data previously obtained, the team determined that it is not feasible to remove a bicycle facility on Prairie Avenue and replace it with another bicycle facility on Royal Palm Avenue, as the lanes provide for connectivity advantages within neighborhoods and to adjacent collectors. The Consultant team identified two alternatives, the possibility of including an advisory bicycle lane along both Prairie avenue and Royal Palm avenue or to explore the concept of a new bicycle boulevard on Royal Palm Avenue. Should the Commission choose to continue to explore the alternatives, City staff would have no option but to de-program certain portions of the construction of Prairie Avenue from the currently approved construction documents. Advisory Board Recommendation: Financial Information· . Source of Amount Funds: 1 I I 2 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Fernando Vaz uez Ext 6399 Sl n-Offs: Department Director FV __ MIAMI BEACH 523 Account AGENDAITEm~L-.~~~- DA TE ___;+--..L....J.__J...,;J MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: April 17, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION BY STAFF AND RESPECTIVE CONSULTANTS ATKINS NORTH AMERICA, INC. AND STREET PLANS, INC. FOLLOWING A PRESENTATION TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE ON MARCH 21, 2013 AND MAINTAINING THE CURRENT WIDTH OF PRAIRIE AVENUE AS WELL AS ITS RESPECTIVE BICYCLE LANES, PURSUANT TO THE REGULATIONS ESTABLISHED BY MIAMI-DADE COUNTY PUBLIC WORKS, AND FURTHER RETAINING ROYAL PALM AVENUE'S CURRENT DESIGN AS PROPOSED IN THE CONSTRUCTION PLANS, AND AS APPROVED UNDER RESOLUTION 2013-28163 VIA AMENDMENT NO.2 TO LANZO CONSTRUCTION CO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REJECTING THE RECOMMENDATION BY STAFF AND RESPECTIVE CONSULTANTS ATKINS NORTH AMERICA, INC. AND STREET PLANS, INC. FOLLOWING A PRESENTATION TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE ON MARCH 21, 2013 AND DIRECTING STAFF TO CONTINUE TO EVALUATE THE REDUCTION OF PRAIRIE AVENUE TO ELIMINATE THE CURRENT BICYCLE LANES AND STUDY FURTHER THE POSSIBILITY OF INCLUDING AN ADVISORY BICYCLE LANE ALONG BOTH PRAIRIE AVENUE AND ROYAL PALM AVENUE; AND FURTHER AUTHORIZING THE CITY MANAGER TO DE-PROGRAM WORK ASSOCIATED IN THE CONSTRUCTION OF THE VALLEY GUTTERS, AS WELL AS PROPOSED RE- GRADING AND MILLING AND RESURFACING ALONG PRAIRIE AVENUE, AS OUTLINED IN AMENDMENT NO 2, AND AS AUTHORIZED UNDER RESOLUTION 2013-28163; MODIFYING SUCH AMENDMENT TO ADD TO THE CONTRACT FUNDS FOR A ONE INCH (1") OVERLAY OF ASPHALT OVER THE CURRENT EXISTING ROADWAY, AND RESURFACE THE STREET TO A DRIVABLE CONDITION DURING THE EXPERIMENT AND APPROVAL PROCESS FOR AN ADVISORY BICYCLE LANE, BY PROVIDING FOR ALL RESPECTIVE CREDITS AND CHARGES TO BE FURTHER DEFINED AND AMENDED INTO THE CONTRACT AT A LATER DATE. BACKGROUND On March 13, 2013 the City Commission adopted resolution 2013-28163, which approved the construction contract Amendment No. 2 in the amount of $3,723,986 to implement the proposed design change pursuant to the adopted BOOR Amendment of July 181h, 2012. 524 Central Bayshore A -Bicycle Lanes Memorandum April17, 2013 Page 2 of 5 During the Commission meeting, concerns were voiced by residents requesting further that the adopted Contract Amendment include the reduction of Prairie Avenue to twenty (20) feet plus 2 foot valley gutters (24 feet total) via the elimination of the current bike lanes, while at the same time evaluate the feasibility of including a Bicycle facility along the BOOR amended roadway width of Royal Palm Avenue. The Commission granted the authority to the City Manager to proceed with Amendment No. 2 as presented, contingent that staff evaluates further the possibility of incorporating these requests without affecting the timelines and cost to the current Bayshore A contract. A request was made also to further refer this matter to the March 21, 2013 Finance and Citywide Projects Committee (FCWCP) (See Exhibit A-Memorandum to FCWCP -Central Bayshore Bid Package 8A-Bicycle Lanes I Bicycle Boulevard on Prairie Avenue and Royal Palm Avenue) In preparation for the FCWCP, the City retained the services of Atkins North America and Street Plans Inc., experts in the motor vehicle and bicycle traffic fields, in order to determine the feasibility of removing the existing bicycle lane along Prairie Avenue and instead provide a bicycle boulevard along Royal Palm Avenue. In its preliminary review of the current conditions and based on data previously obtained, the team determined that it is not feasible to remove a bicycle facility on Prairie Avenue and replace it with another bicycle facility on Royal Palm Avenue, as the lanes provide for connectivity advantages within neighborhoods and to adjacent collectors, including the possibility of connecting a bike path within the swale area adjacent to Miami Beach High to the 8 foot multi-purpose path circulating the Par 3 Golf Course (potentially funded by safe routes to schools grants). Refer to Exhibit C-Par 3 Golf Course Plan. The Team did however emphasize the benefit of providing an additional bicycle facility along Royal Palm Avenue to support connectivity and as an enhancement to the overall bicycle network. As part of this review, the City also consulted with the Miami-Dade Public Works and Waste Management (PWWM) Traffic Engineering Division (TED), to obtain their input on this added request by the residents. As the agency responsible for traffic control countywide, the Miami Dade TED staff has opined that the removal of the bicycle lane along Prairie would not be considered because bicyclists have a legal right to travel on all streets in the State of Florida except where specifically prohibited, e.g. Interstate Highways and other limited access facilities. The conversion of one street (Royal Palm) into a more bicycle-friendly facility is not a justification to reduce safety for bicyclists on another street (Prairie). It is the TED's position that apart from being a violation to Federal, State and County regulations, the bicyclists would continue to use Prairie Avenue, due to its connectivity advantages, and without the proper protection granted by a separate assigned bike lane. The TED further indicated that in order to remove bike lanes, the City would need to be compliant with Federal and State requirements, would need subsequent approval by adjacent residents, and would need to prove that the existing bike lanes are ineffective and unsafe. It is important to underline that the TED's position has been identified in memos to the City Commission with respect to the same subject and concerns. Advisory Bicycle Lanes In an effort to accommodate the desire to narrow Prairie Avenue and still provide a bicycle facility, the consultant team proposed an experimental Feature named an Advisory Lane. Under FHWA criteria, an experimental feature is a material, process, method, equipment item, traffic operational device, or other feature that: (1) has not been sufficiently tested under actual service conditions to merit acceptance without reservation in normal highway construction, or (2) has been accepted but needs to be compared with alternative acceptable features for determining their relative merits and cost effectiveness. Advisory bicycle lanes, an experimental feature, 525 Central Bayshore A -Bicycle Lanes Memorandum April 17,2013 Page 3 of 5 share some similarities with conventional bicycle lanes, but they are typically only on roads with low volumes and low speed. (On Prairie Avenue, the volume is about 2,200 vehicles per day, and the average speed for this corridor decreased from 36.3 miles per hour to 25 miles per hour following the installation of traffic calming devices in January 2009.) Advisory bicycle lanes force vehicles to share a center unmarked space that is less than the standard width for two (2) travel lanes. Vehicles merge into the bicycle lane upon meeting oncoming traffic. Motor vehicles must operate cautiously and yield to any bike traveling on the bicycle lane at the merge point. (Refer to Exhibit B for the consultant's presentation including Illustrations of advisory bike lanes.) Unlike traditional bike lanes, the inside marking for advisory bike lanes is a dashed white line. This dashed marking gives bicyclists a dedicated space to ride but makes the space available to motorists to pass oncoming traffic. On roads with advisory bike lanes, the center marking is removed. (According to the 2009 Manual on Uniform Traffic Control Devices (MUTCD), a yellow center marking is not required on roads with less than 6,000 vehicles per day.) Although the concept of advisory bike lanes fits the existing traffic operations for the Prairie Avenue corridor, it remains an experimental process and it is untested and a significant federal and county approval process must be followed. Further, the Miami Beach Fire Department and Miami Beach Police Department would also need to approve the design, since these modifications could impact response times. Advisory bicycle lanes are currently being tested under a pilot project on East 14th Street in the Elliot Park Neighborhood in Minneapolis, Minnesota. This Administration (FHWA) facility performance test is for a period of three (3) years. As the project is still in the test phase, the City would need to obtain a similar FHWA approval. A similar process such as this would not fit within the current timelines of the Central Bayshore Project. In addition, the City would have to obtain approval from Miami Dade County for this facility type on Prairie Avenue. In preliminary conversations, TED staff has not been receptive to the concept of replacing the existing bike lanes with advisory bike lanes. Staff has expressed that the advisory bike lanes may decrease the safety of the corridor for bicyclists and increase conflict points between motor vehicles. The County has indicated that the City would have to study the area and prove that this practice will be qualitatively similar to the existing conditions for both motor vehicles and bicycles. Bicycle Boulevard The City also approached the TED with the concept of a bicycle boulevard on Royal Palm Avenue; the TED stated that bicycle boulevards are not part of their adopted bicycle facility standards or the currently adopted Manual of Uniform Traffic Control Devices (MUTCD). Such a proposal would warrant an individual traffic flow analysis for which the County would have to further evaluate on its feasibility and technical functionality. The County would also require a traffic flow modification application which would warrant two thirds approval by residents or majority approval by the Miami Beach City Commission. In summary, the process for implementing the above revisions to the plans would be as follows: • A traffic flow analysis of the entire Central Bayshore neighborhood must be conducted. • Once the traffic study is conducted, and if warranted, a revised design for all intersections, including drainage, must commence. • Once the traffic flow analysis is conducted, and if warranted, approval by 2/3 vote from all residents within the Central Bayshore Neighborhood or majority approval by the City Commission must be obtained. 526 Central Bayshore A -Bicycle Lanes Memorandum April 17,2013 Page 4 of 5 • If intersections are significantly affected by the new design, a 100% vote approval from residents at all intersections along Royal Palm Avenue between 28th Street and 40th Street or City Commission approval must be obtained. • Additional fees would need to be approved to the engineer of record, via Commission, to do the study and design. • Approvals from City of Miami Beach Fire Department and Police Department. • Permits from Miami-Dade County and CMB Public Works Department must be issued. • Additional construction cost for the project would require Commission approval. Timelines It would be anticipated that the process for approval of the Bicycle Boulevard could take anywhere from 7 -1 0 months. It would also be anticipated that the process to introduce a new • concept such as an Advisory Bicycle Lane on either Prairie Avenue and/or Royal Palm Avenue, would not take place within the current construction time frame. CONCLUSION As stated above, because the timelines to obtain approvals for the alternative bicycle facilities are not feasible within the current construction timelines for Central Bayshore, should the Commission choose to continue to explore the alternatives, City staff would have no option but to de-program certain portions of the construction of Prairie Avenue from the currently approved construction documents, such as the construction of valley gutters and the milling and resurfacing of the roadway. Although the underground drainage system would remain as part of the project, the catch basin elevations would need to be reassessed and perhaps redesigned to be re-adjusted in the event the roadway would end up being narrowed and flumes would need to be constructed to achieve proper shallow concentrated flow into the drainage system. During this interim condition the bicycle connection to the respective facilities would also remain, including the connectivity to the current bike lanes along Prairie; however connectivity from the multipurpose parking facility within Par 3 to Royal Palm Avenue would need to be created once the alignment for such facility is properly defined. See Exhibit C. RECOMMENDATION My recommendation is to maintain the current width of Prairie Avenue as well as its respective bicycle lanes pursuant to the regulations established by Miami Dade County Public Works further retaining Royal Palm Avenue's current design as proposed in the construction plans and as approved under Resolution 2013-28163 via Amendment No. 2 to Lanzo Construction Co. This recommendation is consistent with the views expressed by my staff and our consultant Atkins North America. Pursuing the alternatives will significantly delay the project, increase the costs, and may not result in any improvement if the experiment fails. Should the City Commission direct staff to continue to explore the possibility of an alternative bicycle facility on Prairie Avenue such as an Advisory Bicycle Lane, we would have no option but to carve out portions of the currently approved and funded scope of work. This would entail not conducting the work associated in the construction of the valley gutters as well as proposed re-grading and milling and resurfacing of the street. Instead, the City would provide for a temporary condition during the experiment and approval process by resurfacing the street to a drivable condition by providing a one inch (1") overlay of asphalt over the current existing roadway. Installation of drainage would remain as part of the current contract, as the drainage permit requires the road to be designed to the currently approved level of service. The respective credits and charges associated to these modifications would have to be negotiated 527 Central Bayshore A -Bicycle Lanes Memorandum April 17,2013 Page 5 of 5 further with the engineer of record and with the contractor via a credit change order to the current contract. ATTACHMENTS: Exhibit A: Exhibit B: Exhibit C: JLM/JGG/FV/DM Finance and Citywide Projects Committee Memorandum 3-21-12 Consultant Presentation Including Advisory Bicycle Lane Illustrations Proposed Connection Points for Par 3, Prairie Ave, and Royal Palm T:\AGENDA\2013\April 17\Bayshore Bicycle Lane Memo\Bayshore A-Bicycle Lanes -Memo.docx 528 Exhibit A MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMITIEE MEMORANDUM TO Finance and Citywide Projects Committee FROM. Kathie G. Brooks. Interim City Manager DATE: March21,2013 SUBJECT Central Bayshore Bid Package SA Bicycle Lanes I Bicycle Boulevard on Prairie Avenue and Royal Palm Avenue Background I Amendment to BOOR: 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. The requested changes required are amendments to the previous BOOR, upon which the project design was developed, or were modifications to the 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 additional infrastructure needs for stormwater, roadway milling, resurfacing, and valley gutter improvements. On July 18, 2012, the Mayor and City Commission approved the amendment to the BODR as approved by the FCWPC. HOA Request -Prairie Avenue I Royal Palm Avenue 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 City 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. That request had previously been presented as part of the 11 HOA requests at the July 9, 2012 FCWPC meeting, however FCWPC did not recommend the change and, therefore, it was not included in the BOOR design change adopted by Commission. The City subsequently executed a contract amendment with the engineer of record, CH2M Hill, on July 18, 2012 for the BOOR design changes excluding this request. On March 13, 2013, the Commission approved the construction contract Amendment in the amount of $3,723,986 as a result of the design change. but directed that the HOA request for the bicycle lanes be reviewed by FCWPC. 529 Central Bayshore A -Bicycle Lanes Memorandum March 18, 2013 Page 2 of 4 Royal Palm Avenue Bicycle Boulevard The definition of a bicycle boulevard as per "Fundamentals of Bicycle Boulevard Planning & Design Guidebook, V1.1, July 2009", is a "low-volume and low-speed street that has been optimized for bicycle travel through treatments such as traffic calming and traffic reduction, signage and pavement markings, and intersections crossing treatment.· The common theme of these facilities is of reducing the volume and speed of motor vehicle traffic (particularly non- local, cut-through traffic), and creating a comfortable space where bicyclists, and often pedestrians as well, have priority along the street". The primary characteristics of a Bicycle Boulevard are as follows: • Low motor vehicle volumes • Low motor vehicle speeds • Logical, direct, and continuous routes that are well marked and signed • Provide convenient access to desired destinations • Minimal bicyclist delay • Comfortable and safe crossings for cyclist at intersections Currently there are no Bicycle Boulevards within the City of Miami Beach. In order to create a bicycle facility such as this on Royal Palm Avenue under the current City Commission approved 20 feet, a design must be considered where traffic is diverted from Royal Palm from 28 1h Street to 40tt1 Street and onto side streets to give priority to a bicycle facility. This design would allow local traffic to turn on the closest corner. but not continue on Royal Palm. Traffic traveling north or south would be diverted to either Prairie or Sheridan Avenues and away from Royal Palm. Traffic speeds on Royal Palm would be reduced to 15-20 mph. Previously staff had estimated a cost of approximately $500,000 to incorporate a Bicycle Boulevard on Royal Palm Avenue, but that cost included widening the roadway by 8 feet. removing driveways, swale areas, tree removal and replacing with roadway, stabilizing the sub grade, adding lime rock, re-grading the swale, adding 2 inches of asphalt, mill and resurface, adjust inlets, modify the drainage system, and add striping and signage, as well as including professional fees, permitting and contingency. This current option does not include widening of the roadway. Staff is currently re-evaluating a cost for this alternative. Either way, Miami-Dade County has stated that bicycle boulevards are not part of their adopted bicycle facility standards or 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. The County would also require a traffic flow modification application which would warrant two thirds approval by residents and/or majority approval by the Miami Beach City Commission. In summary, the process for implementing the above revisions to the plans would be as follows: • Approval by 2/3 vote from all residents within the Central Bayshore Neighborhood and/or majority approval by the City Commission. • 100% vote approval from residents at all intersections along Royal Palm Avenue between 28 1h Street and 40tt1 Street. • Once approved by residents and/or Commission, a traffic flow analysis of the entire Central Bayshore neighborhood must be conducted. 530 Central ""'"""'" March 18, 3 of 4 Lanes Memorandum all to H would be anticipated that the process for approval of the Bicycle Boulevard to be able to be constructed would take anywhere from 7-10 months. Prairie Avenue Bicycle lane Removal The scope of work for the removal of the bicycle lanes and reduction in the: width of Prairie Avenue would require a revision to the stormwater and paving design to include relocation of the catch basins, removal of 8 feet of asphalt and replacing it with sod, re-grade all the swales, driveway reconstruction. and lifted grates. The cost of this request is indicated in Tables A below: TABLE A City staff reached out to Miami Dade County Public Works (MDCPW), Traffic Division, to request their position on this 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 The summary of this discussion is as follows: • MDCPW indicated that approval for the removal of bicycle lanes would not be considered, ... MDCPW 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 109(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". • 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 incorporaticn of such ways into state, regional and local transportation plan and programs''. 531 Centml March 18, 4 of 4 lanes Mamorzmdum 532 )> -~ ::::::1 -· (/1 + -I :::r CD (/) -...., CD CD - :5 (h () 0 0 o--· 0 ...., 0 -· ::::!"'. < CD -· 533 Alternatives Evaluated • Keep bike facility on Prairie. • Install bike boulevard on Royal Palm (in addition to Prairie) • Remove bike lane on Prairie • Alternative treatment on Pro i rie Proposed Bike Boulevard Existing Bike Lane Existing Bike Path Proposed Bike Path oq-M Lt') -eft eft c (D eft n 0 -, -, :1 eft -'* ~ (D "*' -(D ~ @I @I -V$ , -· - -· --· - -· Preliminary Observations • Low traffic volumes and speeds on both Praire and Royal Palm (between 28 Street and 41 Street} -Royal Palm = 376.35 ADT, 24.3 MPH -Prairie= 2,207 ADT, 25.0 MPH • Both connections possible via proposed shared path along Meridian/28 St. • Handlebar survey conducted by our team found bike experience on Prairie had no concerns / issues. • Removing bike lanes does not mean removing bicycles. • Bicycles have every right to travel on public streets including Prairie & Royal Palm PRAIRIE ENRE BEFORE INSTAEEATI E SPEED CUSHIONS Volume(veh/ day) Average Speed Both Directions Average r ) 2§858 36w3 ETER INSTNEEATION OF SPEED CRSHIONS VEHICULAR VOLUME & SPEED SUMMARY (Year 2009) Volume(veh/day) Both Directions 2207 Average Speed Average 75*0 EDUCTION IN VOLUME: EDUCTION IN SPEED: 31 ,...... M Lt') Right-of-way Line Prairie Avenue Existing Roadway Cross-Section Sidewalk Bike Travel Lanes 5' +/-Swale Lane 14' t 22'l 70' ROW Bike Lane Swale 14' Right-of-way Line Sidewalk 5' +/-NOT TO SCALE co M Lt') Bike Lane on Prairie Pros: -Low volume, low speed street. -Bike lane already exists -Higher visibility -Seamless connection to Prairie bike lane N of 41 St. -More direct connection with Dade Boulevard path Cons: -Wider street reduces traffic calming effect. -Bike lane dead ends at 44 Street. Removing Bike Lane on Prairie Pros: Narrow street, traffic calming effect Closer tree canopy coverage Cons: Increases expense of project, project delay Remove existing link in bike network Need to justify changing current configuration per regulation Time constraint Bike Boulevard on Royal Palm Pros: Low volume, low speed street. No widening necessary. Seamless connection to Royal Palm bike lane north of 41 street. Cons: Not as visible a route as Prairie. Bike Lane already exists on Prairie. Short distance (.6 mi} inconsistent with NACTO guid Less direct connection with Dade Boulevard path. -Cost impacts unknown Bicycle boulevards • Key Characteristics: • Low-stress bikeway network • Best where local streets offer continuous & direct route along low-traffic streets • Should be about 2-5 miles, or the length of a typical urban bicycle trip • Less visible and intuitive than major parallel streets • Bicycle travel has priority on the roadway • 3,000 motor vehicles per day ( 1,500 preferred) and no more than 25 mph (20 mph preferred) • Bike route wayfinding and marking system approved by MUTCD • Median or refuge islands for bikeway crossings -Not a traffic control device, so ""'" no MUTC D restriction on its use ~ --I --.:. ~ i 11 !* " I Bicycle boulevards • Main Elements: • Signage • Traffic calming devices along route • Traffic calming at intersections Conversion of Royal Palm Avenue to bike boulevard will require: 1 . Traffic study to justify it. 2. Approval by 2/3 of impacted residents or City Commission. 3. Traffic flow analysis for the entire neighborhood. Signage Branding Decision @ 41 Street Turning @ 29 Street Berkeley, CA "' oakland, CA Concept 11 Chicago, IL oakland, CA Concept Portland Metro Cities, OR ,I ~ ~ IJowntowD 5 + Civic Center I Chicago,IL MUTCD Wayfinding Signs-every 2 to 3 blocks along bicycle facilities, unless another type of sign is used (e.g., within 150ft of a turn or decision sign). Should be placed soon after turns to confirm destination(s}. M ~ Lt') I -· () '< () CD OJ 0 c CD < c ...., 0..... (J) I ~ CD 0..... -· c :::J A' CD I ' c co CD -(J) c :::J 0..... \(J) - Speed lump Median Island Allow a limited sat of emergency vehicle-friendly traffic calming techniques on emergency response routes Vertical deflection features should be placed regularly along a corridor to reduce speeds. Speed Hump Speed management treatments should be used to reduce the street's target speed to20mph. Neighborhood Traffic Circle Where possible, provide a bicycle route outside of the element to avoid bicyclists having to marge Into traffic at a narrow plnchpolnt. A minimum clear width of 12 feet for bi-directional travel shall be maintained. Plnchpolnt Chicane Neckdown Medl ,...... ~ Lt') Alternative Treatment: Advisory Bike Lane • Key Characteristics: • Bicycle travel shares priority on the roadway • No center striping • 6,000 motor vehicles per day (per MUTCD to remove center line) • An advisory bike lane is marked with a solid white line on the right (next to parked cars) and a dotted line to the left. No center line. Motorists share the center lane with oncoming vehicles t Yield to bikes before merging into the bike lane co ~ Lt') Advisory Bike Lane • Key Characteristics: • Similar to a regular bike lane, but is used on narrow, low-volume streets. • Experimental facility (pilot in Minneapolis) • 2012 crash data reports no crashes (for bicyclists or motorists), average was previously 10 per year. • It is OK to drive in the advisory lane when a bicycle is not present. • Keeps visibility on main routes .......... .......... Advisory Bike Lane on Prairie Pros: Low volume, low speed street. Bike lane already exists Seamless connection to Prairie bike lane N of 41 St. -More direct connection with Dade Boulevard path -Community support for narrow roadway Cons: Experimental facility-unknown process Delay in FHWA Approval -Bike lane dead ends at 44 Street. Significant cost impact (due to stormwater changes) Time delay/ Time constraints Need to justify changing current configuration per regulation The Four Types of Bicyclists 8 ~ 1 0 i&' Copyright The Street Plans Collaborative, Inc. Remaining questions/thoughts: • Who is using the bike lane currently? What is the bicycle volume on Prairie? On Royal Palm? • In order to remove bike Ia nes off of Prairie, evidence to its ineffectiveness is required or that it is unsafe as well N as majority approval for community. ~ Atkins + The Street ns Collaborative Future-Connectivity Points within swale area adjacent to Miami Beach high as part of safe routes to schools grant. To be further evaluated by the City Engineer. .. r I EXHIBIT C 553 Ill Ill I I I I RESOLUTION TO BE SUBMITTED 554 T COMMISSION ITEM SUMMARY Condensed Title: Consenting to the appointment of Sylvia Crespo-Tabak as the Director of Human Resources for the Cit of Miami Beach. Key Intended Outcome Supported: Attract and maintain a quality workforce. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the Mayor and City Commission adopt the attached Resolution consenting and confirming S !via Cres o-Tabak as the Director of Human Resources? Item Summary/Recommendation: The Human Resources Department is charged with attracting and maintaining a quality workforce in the City of Miami Beach. The Department includes the areas of Benefits, Compensation, Employee Relations, Labor Relations, Recruitment, Testing, Job Audits, and Risk Management. As the Director of Human Resources, Sylvia Crespo-Tabak will be responsible for leading these areas and ensuring the City achieves its goal of attracting and maintaining a high quality workforce. 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 Sylvia Crespo-Tabak as the Director of the Human Resources Department for the City of Miami Beach. Advisory Board Recommendation: IN/A Financial Information· Source of Amount Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin Rafael Granado, City Clerk s· Off lgn-s: Department Director Assistant City Manager :\AGENDA\2013\Aprii17\Crespo-Tabak HR Director Summary.docx MIAMI BEACH 555 Account Approved ( "ty Manager t\ '\J AGENDA ITEM __:_R.:_1____;.H_ DATE '-/-/7-/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 Me FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF SYLVIA CRESPO-TABAK AS THE DIRECTOR OF HUMAN RESOURCES 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 the City Commission adopt the attached resolution consenting and confirming Sylvia Crespo-Tabak as the Director of Human Resources for the City of Miami Beach. ANALYSIS Sylvia has over 20 years of experience as a human resources and labor relations professional having spent the bulk of her career at Miami Dade County as a Personnel Operations Administrator for Recruitment and Compensation Senior Budget Analyst for the Office of Strategic Business Management; Chief of the Office of Fair Employment Practices for Miami Dade Transit; Chief of Labor Relations for Miami Dade Transit and a Labor Relations Manager. Previously to working with Miami Dade County Sylvia spent 4 years working for Jackson Memorial Hospital in a number of human resources related areas. Sylvia was hired by the Transit Agency to function as the Labor Relations Manager, a position within the Agency's Employee Relations Division. Several years later, in recognition of the need to give the labor relations function a more prominent standing within the organization and among the 4,000 Agency employees, the Department Director appointed her to staff and organize the newly created Labor Relations Division. In that role she directed the negotiation and administration of collective bargaining agreements between Miami-Dade County and the Transport Workers Union, the Government Supervisors Association of Florida and the American Federation of State, County and Municipal Employees. She was also charged with administering the Department's progressive disciplinary action program and all related appeal processes. Subsequently, Sylvia assumed responsibility for merging the Labor Relations Division with the Fair Employment Practices Division into one organizational unit: The Office of Fair Employment and Labor Practices. In this capacity she reported to the Department Director and was charged with additional responsibility for subject matter authority across the Transit Agency in several disciplines including recruitment and hiring for all positions, equal employment opportunity and civil rights administrative functions, succession planning activities, ADA compliance related to employee accommodation 556 and mass transit accessibility, paratransit eligibility and fulfillment of other federal program obligations such as the Disadvantaged Business Enterprise Program. In my role as a Miami-Dade County Commissioner, I worked closely with Sylvia when she transferred to the Office of Strategic Business Management. At that time there were a number of communities conducting incorporation feasibility studies, including the East Kendall community whose boundaries overlapped former County Commissioner Katie Sorenson's district and mine. Commissioners appointed community activists to Municipal Advisory Committees and Sylvia's role was to facilitate their studies and dialogue on a wide range of public services, property and sales tax revenues, state revenue sharing programs and pro-forma budgets. During her tenure, she made numerous presentations before the Board of County Commissioners and I was able to evaluate her performance first hand and watch her skillfully address the varied expectations and demands my colleagues and I had. Sylvia has been with the City of Miami Beach since September 2012. She answered then Interim City Manager Kathie Brooks' request to assist the City in preparing for contract negotiations with the Communication Workers of America, the Fraternal Order of Police, the Government Supervisors Association of Florida, the International Association of Fire Fighters and the American Federation of State, County and Municipal Employees. She quickly immersed herself in her new role directing and supervising the Labor Relations and Employee Relations Divisions. She serves as one of the Manager's step three grievance hearing designees and actively participated in the development and implementation of Citywide policies such as the duty employees have to self-report arrests, indictments and convictions and the Automatic Vehicle/Equipment Location System (AVLS) policy. Upon my appointment as City Manager I learned that the recruitment process for the Human Resources Director was well under way. Two separate panels had interviewed six candidates for the position and Sylvia was recommended as one of the top two. I reviewed all resumes and consulted with Kathie Brooks prior to recommending that Sylvia be appointed as the Human Resources Director for the City of Miami Beach. During her short tenure here she has earned the respect of staff in the Human Resources Department and that of the management team members who have had an opportunity to work with her and gotten to know her. Her subject matter expertise and my knowledge of her integrity, trustworthiness and strength of character make her the best person to function in this mission critical and visible position. In her, I will have a professional partner who shares my vision of the direction in which I want to take the City. Knowing her, I have every reason to believe her experience will be a valuable asset to the organization and that she will use her skills in the City's best interest. CONCLUSION By consenting to the appointment of Sylvia Crespo-Tabak as the Director of Human Resources, she will be responsible for ensuring the City achieves its goal of attracting and maintaining a high quality workforce. 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 confirming Sylvia Crespo-Tabak as the Director of Human Resources for the City of Miami Beach. T:IAGENDA\2013\Aprii17\Crespo-Tabak HR Director Memo.docx 557 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO AND CONFIRMING THE APPOINTMENT OF SYLVIA CRESPO-TABAK AS THE DIRECTOR OF HUMAN RESOURCES FOR THE CITY OF MIAMI BEACH. WHEREAS, the City Manager has appointed Sylvia Crespo-Tabak as the Director of Human Resources for the City of Miami Beach; and WHEREAS, pursuant to Section 4.02 of the City of Miami Beach Charter, as well as Section 2-3 of the City Code, 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 Sylvia Crespo-Tabak as the Director of Human Resources 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 Sylvia Crespo-Tabak as the Director of Human Resources for the City of Miami Beach. PASSED and ADOPTED this __ day of--------' 2013. ATTEST: CITY CLERK T:\AGENDA\2013\Aprii17\Crespo-Tabak HR Director Reso.docx 558 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~?~ Ctiy Atlorney COMMISSION ITEM SUMMARY Condensed Title: Consenting to the appointment of Mariano V. Fernandez as the Director of Building Department and Buildin Official for the Cit of Miami Beach, Key Intended Outcome Supported: Ensure compliance with Code within reasonable time frame; Ensure safety and appearance of building structures and sites; Stabilize residential condominiums; Increase community satisfaction with City government. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the Mayor and City Commission adopt the attached Resolution consenting and confirming Mariano V. Fernandez as the Director of Buildin De artment and Buildin cial? Item Summary/Recommendation: The Building Department provides supervision of construction activities, acceptance of building permit applications, issuance of all building and trade permits, verification of compliance with the Florida Building Code and enforcement of codes promulgated by regulatory agencies such as the Hotel and Restaurant Commission, Miami-Dade Environmental Resources Management, State Departments of Health and Professional Regulation, Board of Adjustment and the U.S. Army Corp of Engineers. Plumbing, Building, Electrical, Elevator and mechanical officials inspect new and existing structures for compliance. The Director of the Building Department plans, organizes, directs and controls the activities of the City's Building Department, and as a Building Official supervises all regulatory requirements. 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 Mariano V. Fernandez as the Director of Building Department and Building Official for the City of Miami Beach. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Rafael Granado, City Clerk Si n-Offs: Department Director Assistant City Manager T:\AGENDA\2013\Aprii17\Fernandez Building Director Summary.docx MIAMI BEACH 559 Account Approved '"' AGENDA ITEM ............. R-'-1---=-I- DATE l/.-IJ-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 M e City Commission FROM: Jimmy L. Morales, City Manage DATE: April17, 2013 SUBJECT: A RESOLUTION OF THE MAY RAND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORI A, CONSENTING TO THE APPOINTMENT OF MARIANO V. FERNANDEZ AS THE DIRECTOR OF BUILDING DEPARTMENT AND BUILDING OFFICIAL 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 the City Commission adopt the attached resolution consenting and confirming Mariano V. Fernandez as the Director of Building Department and Building Official for the City of Miami Beach. ANALYSIS Mr. Fernandez has over 35 years of experience in municipal engineering and construction. Throughout his career, he worked in both the private and public sectors, which affords him an inimitable set of skills. Mariano is a registered Professional Engineer in the State of Florida, and a Miami-Dade County Certified Building Official, Building Inspector and Plans Examiner. Since 2008, Mr. Fernandez has served as the Building Director/Building Official for the City of Miami. The City of Miami's Building Department includes such sections as administration, plan review, inspection, scanning/records and unsafe structures unit/panel. Under Mariano's direction, the Building Department successfully utilized Community Development Block Grant Neighborhood Stabilization Program (CDBG- NSP) funds for Unsafe Structure Demolitions, where the funds were used to close a backlog of approximately 700 abandoned and unsafe structure cases that had been halted due to the lack of funds. Additionally, under his leadership, the department enhanced and modified the Certificate of Occupancy (CO) and the Temporary CO system for easy issuance to customers as well as implemented a new schedule of fees; completed Phase II of the Land Management Program (iBuild Miami) with programming and software rules; created and implemented a phased 24-hour permit and private provider program which allowed a more expeditious start in the construction development; as well as developed a building call center process in order to provide better telephone customer service. Mariano began his engineering and construction career in 1984 with the City of Miami, where he worked as Projects Manager, Chief Design Engineer, and Chief Construction Engineer. He was tasked with directing diverse projects, including construction of office buildings, marinas, convention center, public pools, police stations, stadium remodeling, 560 bridge and highway repairs, and various sewer projects. Mariano was also responsible for Inspection, Line and Grade, and Surveying sections. From 1993 through 2003, Mr. Fernandez worked as Vice President -Director of Municipal Engineering and Design Divisions at CSA Southeast, Inc. There, he was charges with overseeing the design and construction projects under miscellaneous contracts with Miami-Dade County Aviation Department, Miami-Dade Water and Sewer Department, and Miami-Dade County Public Works Department. Some of the major projects included the Luge Bridge Repairs, City of Coral Gables and the Miami-Dade Public Works Department Bridge program. From 1994 through 2008, Mariano also was a Principal at F.J. Engineering, Inc. and performed the duties of City Engineer and Public Works Director for the City of Sweetwater, and also served as a Building Official, Structural Plans Examiner, Chief Building Inspector and Roofing Inspector for the Village of Indian Creek, City of Sweetwater, City of South Miami, and the City of Aventura. I have had the pleasure of working with Mr. Fernandez over the past many years on behalf of private clients. I can personally attest to his professionalism, his commitment to customer service, and his commitment to efficiency and integrity. He is precisely the person we need to address the many issues raised both by residents and businesses in our City with respect to the Building Department. CONCLUSION The appointment of Mariano V. Fernandez as the Director of Building Department and Building Official will ensure City's compliance with regulatory requirements of the Florida Building Code, as well as will provide a critical oversight and supervision of construction activities, acceptance of building permit applications, issuance of all building and trade permits, verification and enforcement of compliance with the Florida Building Code, and the City's Code compliance. 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 confirming Mariano V. Fernandez as the Director of Building Department and Building Official for the City of Miami Beach. T:\AGENDA\2013\April 17\Fernandez Building Director Memo.docx 561 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO AND CONFIRMING THE APPOINTMENT OF MARIANO V. FERNANDEZ AS THE DIRECTOR OF BUILDING DEPARTMENT AND BUILDING OFFICIAL FOR THE CITY OF MIAMI BEACH. WHEREAS, the City Manager has appointed Mariano V. Fernandez as the Director of Building Department and Building Official for the City of Miami Beach; and WHEREAS, pursuant to Section 4.02 of the City of Miami Beach Charter, as well as Section 2-3 of the City Code, 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 Mariano V. Fernandez as the Director of Building Department and Building Official 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 Mariano V. Fernandez as the Director of Building Department and Building Official for the City of Miami Beach. PASSED and ADOPTED this __ day of--------'' 2013. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM & LC\NGUAGE & FOR EXECUTION T:\AGENDA\2013\April 17\Fernandez Building Director Reso.docx Date 562 T COMMISSION ITEM SUMMARY Condensed Title: Consenting to the appointment of Keith R. Kleiman as the Director of the Office of Budget and Performance lm rovement for the Cit of Miami Beach, Key Intended Outcome Supported: Maintain strong growth management policies; Maximize efficient delivery of services; Control cost of payroll including salary and fringes/minimize taxes/ensure expenditure trends are sustainable over the long term; Improve the City's overall financial health and maintain overall bond rating; strengthen internal controls. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the Mayor and City Commission adopt the attached Resolution consenting and confirming Keith R. Kleiman as the Director of the Office of Bud et and Performance I m rovement? Item Summary/Recommendation: The Office of Budget and Performance Improvement (OBPI) is focusing on performance excellence by blending strategic management, resource allocation, performance management and revenue maximization, and includes such divisions as Budget, Internal Audit, and Grants Management. The Director of OBPI is responsible for administration of the offices of Budget, Internal Audit, Performance Improvement, Organizational Development and Grants; overall coordination of the effort to achieve performance Citywide in support of the priorities of the community; coordinates implementation of a Citywide performance management process focusing on the development and implementation of the City's Strategic Plan by aligning performance priorities, allocating associated resources, improving processes and reporting results Citywide. 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 Keith R. Kleiman as the Director of the Office of Budget and Performance Improvement for the City of Miami Beach. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Funds: 1 D 2 3 OBPI Total Cit Clerk's Office Le islative Trackin Rafael Granado, City Clerk s· Off s: lgn- Department Director Assistant City Manager :\AGENDA\2013\Aprii17\Kieiman OBPI Director Summary.docx MIAMI BEACH 563 Account Approved '-City Manager iH ~ AGENDA ITEM DATE RlT 9·-l]-\3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF KEITH R. KLEIMAN AS THE DIRECTOR OF THE OFFICE OF BUDGET AND PERFORMANCE IMPROVEMENT 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 the City Commission adopt the attached resolution consenting and confirming Keith R. Kleiman as the Director of the Office of Budget and Performance Improvement for the City of Miami Beach. ANALYSIS Mr. Kleiman has 33 years of diversified experience in financial, administrative management, and programmatic operations of mid to large organizations. Throughout most of his career, he was a supervising manager with proven successes in budget administration, financial and organizational analysis, and systems implementation. The time spent at each job has afforded Keith a progressively, well-rounded knowledge of revenue forecasting, trend analysis, expense and capital budget preparation/administration, project and change management, human resource management, long and short-range planning, procurement, and program/contract administration. Mr. Kleiman started his public sector career in 1981 with the New York City Department of Health as a Staff Budget Analyst. After eleven years of service at the Department of Health, in 1993, he accepted an offer to become Senior Budget Analyst with the New York City Housing Authority. During his tenure at the Housing Authority, Keith was progressed through such high level management positions as Assistant to Deputy General Manager, Assistant Budget Director, and Deputy Budget Director. As a Deputy Director, he was responsible for preparation and maintenance of 17,000 employee personnel budget, zero-based staffing analyses, developed the NYC Housing Authority's first formal budget planning and implementation process as part of a strategic plan to improve operational efficiencies, as well as developed and implemented a NYC Housing Authority-wide budget training program for approximately 1 ,000 employees. In 2003, Mr. Kleiman was appointed as Budget Analyst with the City of North Miami, Florida. Shortly after, he was promoted to Assistant Budget Administrator, and eventually to Budget Director. While with the City of North Miami, Keith was responsible for preparation and monitoring of approximately $170 million Operating Budget. He 564 experienced full Truth in Millage (TRIM) compliance for 7 fiscal years; implemented a 20 year cyclical capital infrastructure rehabilitation program for North Miami Water & Sewer Fund; performed and implemented a zero-based staffing analysis for North Miami Fleet Management Fund, whereby staff was successfully reduced from 19 to 11 with significant increase in efficiency. He was also heavily involved in implementation of EDEN Advanced Budgeting and Project Accounting system, which is the same financial system used by the City of Miami Beach. In 2010, Mr. Kleiman accepted a position of Budget Administrator with the City of Coral Gables. In his short term there, he was able to successfully reduce both City's Operating budget to remain in compliance with State mandated millage reductions with little to no adverse effects on the City's services; implemented a revised Five-Year Capital Improvement Programs in full compliance with Florida State Comprehensive Plan requirements; implemented a near paperless budget process for Coral Gables that initiated the implementation of a paperless accounts payable process, and identified and corrected Coral Gables' past budget practices that allowed substantial negative fund balances to be created in the City's capital improvement and enterprise funds. Additionally, Mr. Kleiman successfully implemented EDEN Advanced Budgeting and Project Accounting in Coral Gables as well. Experience in both, the City of Coral Gables and the City of North Miami allowed Mr. Kleiman to broaden range of the municipal activities in which he was involved. Working for these municipalities has given Keith the opportunity to learn the disciplines associated with resident services, e.g. Public Works, Water & Sewer, Building and Zoning, Community Planning, Code Enforcement, etc. As a manager and a supervisor, Mr. Kleiman puts a strong emphasis on responsive customer service as well as a supportive work environment. His management practices encourage a team spirit and openness to developing and implementing change whenever possible. CONCLUSION Appointment of Keith R. Kleiman as the Director for the Office of Budget and Performance Improvement will contribute to continuous efforts to improve the City's overall financial health through implementation of a citywide performance management process focusing on the development and implementation of the City's Strategic Plan by aligning performance priorities, allocating associated resources, improving processes and reporting results Citywide. 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 confirming Keith R. Kleiman as the Director of the Office of Budget and Performance Improvement for the City of Miami Beach. T:\AGENDA\2013\Aprii17\Kieiman OBPI Director Memo.docx 565 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO AND CONFIRMING THE APPOINTMENT OF KEITH R. KLEIMAN AS THE DIRECTOR OF THE OFFICE OF BUDGET AND PERFORMANCE IMPROVEMENT FOR THE CITY OF MIAMI BEACH. WHEREAS, the City Manager has appointed Keith R. Kleiman as the Director of the Office of Budget and Performance Improvement for the City of Miami Beach; and WHEREAS, pursuant to Section 4.02 of the City of Miami Beach Charter, as well as Section 2-3 of the City Code, 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 as the Director of the Office of Budget and Performance Improvement 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 as the Director of the Office of Budget and Performance Improvement for the City of Miami Beach. PASSED and ADOPTED this __ day of-------'' 2013. ATTEST: CITY CLERK T:\AGENDA\2013\Aprii17\Kieiman OBPI Director Reso.docx 566 MAYOR APPROVED AS TO FORM 8t LANGUAGE & FOR EXECUTION T COMMISSION ITEM SUMMARY Condensed Title: Consenting to the appointment of Eric T. Carpenter as the Director of 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 Shall the Mayor and City Commission adopt the attached Resolution consenting and confirming Eric T. Car enter as the Director of Public Works De artment? Item Summary/Recommendation: 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 Eric T. Carpenter as the Director of Public Works Department for the City of Miami Beach. Advisory Board Recommendation: I N/A Financial Information· Source of Amount Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Rafael Granado, City Clerk s· Off s: rgn- Department Director Assistant City Manager :\AGENDA\2013\Aprii17\Carpenter Public Works Director Summary.docx MIAMI BEACH 567 Account Approved City Manager /\Yf\ \ \J AGENDA ITEM ___..JR~l_K __ DATE l( -/] -13> MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochll.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: A RESOLUTION OF THE MAYOR NO THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF ERIC T. CARPENTER AS THE DIRECTOR OF 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 the City Commission adopt the attached resolution consenting and confirming Eric T. Carpenter as the Director of Public Works Department for the City of Miami Beach. ANALYSIS Mr. Carpenter is a registered Professional Engineer in the State of Florida and brings on board a unique blend of skills, which includes both private and public sector experience. While working in the private sector, Eric worked on multiple municipal projects such as road reconstructions, stormwater system improvements, and canal restorations. Since 2006, Mr. Carpenter has served as the Director of Public Works for the City of Doral. The City of Doral's Public Works Department includes Engineering, Capital Improvements, Stormwater Management, Street, Landscape and Facility Maintenance, Public Works Permitting, Public Transportation as well as Emergency Management. Under Eric's direction, the department expanded from a five person maintenance operation to a full service Department that manages a wide range of projects and responsibilities. This included the implementation of the first City Transit System; the completion of construction projects including a new Government Center, Public Works facility and more than 50 miles of roads; the creation of the CIP for infrastructure improvements; compliance with American with Disabilities Act requirements; drafting emergency management guidelines for the City; creating branding for the City by means of entrance monuments, public trash receptacles, street name signs, and bus benches; as well as installing nearly 3,000 trees in order to complete the Street Tree Master Plan. The Department has successfully implemented more than 50 publicly advertised invitations to bid, requests for proposal and request for qualifications without a single bid challenge, and executed more than 75 projects within the predetermined schedules and budgets. In addition the Department played a critical role in creation of the GIS backbone for the City to track everything from tree canopy to storm drain locations. For his tremendous service in Dora I, Eric was named the 2010 Government Engineer of the Year by the Miami-Dade Branch of ASCE. 568 Eric began his career with the PMK Group, Inc. based in New Jersey. He was responsible for multiple projects involving many facets of environmental and geotechnical engineering and construction management throughout the New York, New Jersey, and Connecticut areas. Mr. Carpenter was entrusted with managing large scale multidisciplinary engineering projects including site acquisition and redevelopment for several municipal entities, permitting and cost estimating for remediation and development of property with environmental issues including former Superfund sites; additionally, he was charged with preparation of public bid documents, oversight of construction activities, and interfacing with regulatory agencies. In 2002, Mr. Carpenter accepted a position with Cherokee Enterprises, Inc., Florida, as Project Manager. Eric was entrusted to coordinate and implement a large scale stormwater management and roadway restoration project within Miami-Dade County. This project consisted of over 400 construction sites located throughout Miami-Dade County and involved the replacement of roadway drainage systems, roadway repairs as well as the maintenance dredging and improvement of canals damaged during severe storm events. Among other responsibilities, Eric was responsible for assigning and administering $40 Million in construction of infrastructure improvements within Miami- Dade County rights-of-way. I have worked closely with Eric during the past four years during my tenure as the City Attorney of Doral. I can attest to his integrity, professionalism, hard work and dedication to public service. There is no doubt in my mind that he is the finest public works director with whom I have ever worked. He is a resident of Miami Beach, and his training and expertise are in the area of water-related issues. He is ready to hit the ground running. CONCLUSION The appointment of Eric T. Carpenter as the Director will ensure that the Public Works Department receives the oversight and direction needed for the City to 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. 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 confirming Eric T. Carpenter as the Director of Public Works Department for the City of Miami Beach. T:IAGENDA\2013\April 17\Carpenter Public Works Director Memo.docx 569 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO AND CONFIRMING THE APPOINTMENT OF ERIC T. CARPENTER AS THE DIRECTOR OF PUBLIC WORKS DEPARTMENT FOR THE CITY OF MIAMI BEACH. WHEREAS, the City Manager has appointed Eric T. Carpenter as the Director of Public Works Department for the City of Miami Beach; and WHEREAS, pursuant to Section 4.02 of the City of Miami Beach Charter, as well as Section 2-3 of the City Code, 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 Eric T. Carpenter as the Director of 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 Eric T. Carpenter as the Director of Public Works Department for the City of Miami Beach. PASSED and ADOPTED this __ day of --------• 2013. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR F.XECUTION lfi&/}J Dute T:\AGENDA\2013\April 17\Carpenter Public Works Director Reso.docx 570 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving Option "A" And Accepting The Recommendation Of The City Manager Pursuant To Invitation To Negotiate No. 059- 2013me, For Food And Beverage Services For The Miami Beach Convention Center {ITN), And Authorizing The Administration To Enter Into Negotiations With The Second And Third Ranked Proposers, Centerplate And Aramark; Or, In The Alternative, Approving Option "B" And Rejecting All Proposals In Response To The ITN, And Authorizing The Administration To Include The Provision Of Food And Beverage Services For The Miami Beach Convention Center As A Component Of The Scope Of Services In The New Convention Center Management And Operation Agreement Being Negotiated With Global Spectrum. Key Intended Outcome Supported: Maximize Miami Beach as a Destination Brand Supporting Data (Surveys, Environmental Scan, etc: The 2012 Community Satisfaction Survey indicated that the average attendance last year at the Miami Beach Convention Center was four (4) times , yet 18% of the residents visited over six (6) times. Item Summary/Recommendation: On December 12, 2012, the Mayor and City Commission approved the issuance of Invitation to Negotiate {ITN) No. 059-2013ME For Food and Beverage for the Convention Center {ITN). ITN No. 059-2013ME was issued on February 4, 2013, with an opening date of March 12th, 2013. A pre- proposal conference and a site visit to the facility was held on February 13, 2013. Twelve (12) downloaded from The Public Group. Additionally, the Procurement Division notified 11 additional proposers via e-mail, which resulted in the receipt of four (4) proposals: Aramark, Centerplate, Ovations, and Levy Restaurant. On March 4, 2013, the City Manager via Letter to Commission (LTC) No. 076-2013, appointed an Evaluation Committee {the "Committee") which convened on March 26, 2013 to consider proposals received and interview proposing teams. The Committee discussed its individual perceptions of the proposers' qualifications, experience, and competence, and further scored and ranked the proposers accordingly. A motion was presented by Steve Hass and seconded by Ita Moriarty to recommended entering into negotiations with the three (3) top-ranked proposers: Ovations, Centerplate, and Aramark. Six (6) committee members were in favor of the motion presented; two (2) committee members, Jeff Lehman and Stuart Bloomberg, opposed to the motion. The motion passed. After considering the recommendation of the Evaluation Committee, the City Manager also exercised his due diligence. This review necessarily included his consideration of the conflict of interest issues and their potential impact, in determining whether or not to recommend the sort-listing of Ovations pursuant to the ITN, as well as the superior ranking received by Ovations in the process. As such, the City Manager recommends that the Mayor and the City Commission enter into negotiations with the second and third ranked proposers, Centerplate, and Aramark, or, in the alternative, that the City Commission reject all proposals in response to the ITN, and further authorize the Administration to include the provision of food and beverage services for the Miami Beach Convention Center as a component of the scope of services in the new Convention Center management and operation agreement being negotiated with Global. ADOPT THE RESOLUTION Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 I I 2 OBPI Total Financial Impact Summary: AD MIAMI BEACH 571 Account ~ City Manager --~------~~~~ --------4 3LN\ AGENOAITE DATE ~-JJ-!3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING OPTION "A" AND ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PURSUANT TO INVITATION TO NEGOTIATE NO. 059-2013ME, FOR FOOD AND BEVERAGE SERVICES FOR THE MIAMI BEACH CONVENTION CENTER (ITN), AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE SECOND AND THIRD RANKED PROPOSERS, CENTERPLATE AND ARAMARK; OR, IN THE ALTERNATIVE, APPROVING OPTION "B" AND REJECTING ALL PROPOSALS IN RESPONSE TO THE ITN, AND AUTHORIZING THE ADMNISTRATION TO INCLUDE THE PROVISION OF FOOD AND BEVERAGE SERVICES FOR THE MIAMI BEACH CONVENTION CENTER AS A COMPONENT OF THE SCOPE OF SERVICES IN THE NEW CONVENTION CENTER MANAGEMENT AND OPERATION AGREEMENT BEING NEGOTIATED WITH GLOBAL SPECTRUM. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Maximize Miami Beach as a Destination Brand BACKGROUND The initial term of the agreement with the City's current vendor, Centerplate, to provide food and beverage services at the Miami Beach Convention Center (Convention Center or MBCC), expired on September 30, 2012 (the Centerplate Agreement). The Centerplate Agreement also provides for two (2) five (5) year renewal options, to be exercised at the City's discretion. In anticipation of the expiration of the initial term of the Centerplate Agreement, the Convention Center Advisory Board (CCAB) held a discussion at its June 7, 2001 meeting on whether or not the City should exercise the first five (5) year renewal option under the Agreement, or issue a new competitive solicitation for food and beverage services for the Convention Center. The CCAB recommended that the City issue a new Request for Proposals. The Finance and Citywide Projects Committee (FCWPC) also discussed this matter at its October 27, 2011 meeting. At that time, City staff recommended that, should there be a desire on the part of the City to exercise the first renewal term under the Centerplate Agreement, it might be appropriate to consider breaking up the renewal term into shorter terms (For example, year-by-year terms rather than the one five year term). This way, any potential performance issues could be more effectively and immediately addressed. The FCWPC 572 Commission Memorandum-ITN # 59-2013ME Food and Beverage for MBCC April17, 2013 Page2 concurred, and recommended that the City exercise its option to renew the Centerplate Agreement, for a two (2) year initial renewal term, with three (3) subsequent one (1) year renewals (all at the City's discretion). At its December 14, 2011 meeting, the City Commission considered the FCWPC's recommendation and, following discussion, instead directed the Administration to issue a new Request for Proposals for food and beverage services at MBCC. Request for Proposals No. 39-11/12 for Food and Beverage for the Convention Center (the 2012 RFP or the RFP) was issued on April 25, 2012. Two (2) proposals, from Aramark Corporation and Ovations Food Service, respectively, were received. On May 22, 2012 and June 7, 2012, respectively, the City received two letters from Centerplate setting forth the reasons as to why it had chosen not to submit a proposal, and requesting that the City discontinue the RFP process and renew the Centerplate Agreement for one ( 1) year. Centerplate's letters essentially alleged that a conflict of interest "tainted" the RFP process, inasmuch as the City's current manager at the Convention Center, Global Spectrum, had provided the City with input in the initial stages of the RFP preparation process, and that Global Spectrum and Ovations Food Service, one of the proposers, were affiliated, in that they were owned by the same parent company, Comcast Corporation (Note: A more detailed discussion of the conflict of interest issues alleged by Centerplate, including the City's analysis and subsequent actions taken to address same, is addressed later in this Memorandum, under separate heading). At the September 12, 2012 City Commission meeting, the City Commission adopted Resolution No. 2012-28006, and exercised its right under the RFP to reject all proposals received pursuant to the 2012 RFP. Concurrent with the rejection, the Administration recommended that the Centerplate Agreement be extended, to ensure continuation of service during peak usage of the Convention Center and to provide the City with sufficient time to draft and issue a new solicitation and complete that process. The Administration also recommended that the Mayor and City Commission refer discussion of the new solicitation process to the Finance and Citywide Projects Committee. The Finance and Citywide Projects Committee met on November 9, 2012 and discussed the new solicitation process. The Committee recommended proceeding with the issuance of a new Request for Proposals which would give proposers the option of responding 1) for the overall management of the Convention Center; and/or 2) for the provision of catering/concession services at the Convention Center. At the same time, City staff explored the possibility of issuing the new solicitation not as a Request for Proposals, but as an Invitation to Negotiate {ITN), reasoning that the ITN process permits simultaneous negotiations with the selected, short listed proposers (as opposed to the RFP process, which only permits negotiations with one proposer at a time). In this regard, it allows for more comprehensive negotiations that can result in better overall results for the City, and provides needed flexibility for complex negotiations. At the December 12 2012 City Commission meeting, the Administration presented a Resolution seeking authorization to issue an RFP, or an ITN, for the management and operation of the Miami Beach Convention Center, and/or to provide catering and concession services for the Convention Center. The City Commission approved the issuance of an ITN, but limited it to the provision of catering and concession services for the Convention Center. With regard to the overall management of the Convention Center, the City Commission directed the Administration to enter into negotiations with the City's current manager, Global 573 Commission Memorandum -ITN # 59-2013ME Food and Beverage for MBCC April17, 2013 Page 3 Spectrum and, if successful, to bring the proposed new agreement back to the City Commission, for consideration and approval pursuant to a waiver of competitive bidding. ITN PROCESS On December 12, 2012, the Mayor and City Commission approved the issuance of Invitation to Negotiate No. 059-2013ME For Food and Beverage for the Convention Center (the ITN). The ITN was issued on February 4, 2013, with an opening date of March 121h, 2013. A pre- proposal conference and a site visit to the facility was held on February 13, 2013. Twelve (12) prospective proposers downloaded the solicitation from The Public Group. Additionally, the Procurement Division notified another eleven (11) additional proposers via e- mail to expand the pool of prospective proposers. On March 12, 2013 proposals from the following four (4) firms were received: 1. Aramark; 2. Centerplate; 3. Ovations; and 4. Levy Restaurant. On March 4, 2013, the City Manager via Letter to Commission (LTC) No. 076-2013, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Stuart Blumberg Chairperson Convention Center Advisory Board; • Georgie Echert Assistant Director City of Miami Beach Finance Department; • Steven Haas Chairperson Greater Miami Convention and Visitors Bureau and Owner of City Hall the Restaurant; • Ita Moriarty Sr Vice President Convention Sales Greater Miami Convention and Visitors Bureau and Resident; • Jeff Lehman General Manager Betsy Hotel and Chairperson of the Miami Beach Visitor and Convention Authority; • Kenneth Lyon Owner Operator Lyon and Lyon; • Cathy RickJoule Southern Regional Manager National Marine Manufacturers Association Miami International Boat Show; • Judy Stein Executive Director Swimwear Association of Florida Swim Show; and • Alex Tonarelli General Manager Loews Miami Beach Hotel. The City Manager also appointed the following alternate committee member: • Jeffrey Klein Vice President of Food Beverage Fontainebleau Miami Beach. The Committee convened on March 26, 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 the proposers. Additionally, the Committee engaged in a question and answer session after the presentation of each proposer. Stuart Blumberg was unanimously elected as chairperson of the Committee. Committee member Cathy RickJoule was unable to attend. The Committee was instructed to score and rank each proposal pursuant to the evaluation 574 Commission Memorandum -ITN # 59-2013ME Food and Beverage for MBCC April17, 2013 Page4 criteria established in the ITN, as follows: Evaluation Criteria/Factors: Evaluation Criteria Rroposer Experience & Qualifications and past performance based on client surveys: (Experience and qualifications of the Proposer in providing food and beverage concession and catering services in comparable size facility(ies) (as defined in the ITN); List of events serviced in 2011 for each comparable size facility; Management team's (including Executive Chef's) experience and qualifications; and Volume and quality of surveys submitted by clients. Financial Capability to perform the services outlined in the ITN). Approach & Methodology: (Staff training/manual procedures; Approach to customer service and maintenance of quality standards; Proposed plan to improve food quality and service; Approach to providing/improving concession services; Ability to provide back-up management expertise on short notice; Cash control computer system and interfaces to be provided; and Operational service plan(s)). Business and Creative Marketing Plan: (Business and marketing plans as presented for the food and beverage program, including social/gala and other catering services and concession services; Approach to enhancing social catering opportunities; Corporate Responsibility Plan and approach to community integration). Financial Factors: (Proposed Commissions, Other Financial Considerations, including Capital Reserve, Marketing Reserve, Capital Investment, Scholarship Contribution). Sub-Total Maximum Possible Points: Weight Maximum Roints 35 30 15 20 100 The Committee discussed its individual perceptions of the proposers' qualifications, experience, and competence, and further scored and ranked the proposers accordingly. Additional points, over the aforementioned potential points were to be allocated, if applicable in accordance to following ordinances: LOCAL PREFERENCE: The Procurement Division may assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The Procurement Division may 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. However, none of the proposers were deemed eligible for either of the aforestated preferences. 575 Commission Memorandum -ITN # 59-2013ME Food and Beverage for MBCC April 17, 2013 Page 5 FINAL RANKINGS A motion was presented by Steve Hass and seconded by Ita Moriarty to recommend entering into negotiations with the three (3) top-ranked proposers: 1 )Ovations; 2)Centerplate; and 3)Aramark. Six (6) committee members were in favor of the motion presented; two (2) committee members, Jeff Lehman and Stuart Blumberg, opposed the motion. The motion passed. Attachment "A" provides an overview of the financial proposal submitted by all proposers. DISCUSSION OF ALLEGED CONFLICT OF INTEREST ISSUES Following the City's receipt of the two letters from Centerplate (on May 22, 2012 and June 7, 2012, respectively), which initially raised the possibility of a conflict of interest with regard to the relationship between Ovations, as a proposer to the 2012 RFP (and later to the ITN), and Global Spectrum, as the City's manager at MBCC, the City Attorney's Office and City Administration reviewed the issues raised therein. With respect to the 2012 RFP, the City Attorney's Office and City staff did, in fact, share Centerplate's concerns with regard to what, if any, participation Global had in the preparation of the 2012 RFP specifications. Upon further review, the City confirmed that Global did provide minor input during the preparation of the 2012 RFP. The City Attorney's Office and City Staff concluded that 1) Global's input was requested at the behest of the City; 2) the input itself was minor and non-prejudicial; and 3) there was certainly no intent and/or attempt by Global to influence the process by providing the input (i.e. it was acting at the City's direction). However, because it was still early enough in the RFP process (proposals had been received but not yet evaluated), the City Attorney's Office and City Staff recommended that if, in the interest of full transparency, the City Commission determined that a "course correction" was appropriate, it would be in the City's best interest now, rather than later, to reject all proposals and re-issue a new competitive solicitation. Accordingly, the City Commission exercised its right to reject all proposals received pursuant to the 2012 RFP, and start over with a new solicitation (which resulted in the issuance of the current ITN). At that time, as well, in addressing the other conflict of interest issue raised by Centerplate (that is, the issue of whether or not it was appropriate for Ovations to submit a proposal due to its affiliation with Global), the City Attorney's Office indicated that, given that concern, it would be appropriate for Ovations to request an opinion from the Miami-Dade County Ethics Commission on this issue; particularly, should it seek to bid on any subsequent solicitation that the City might issue for the MBCC food and beverage service.1 1 Chief Deputy Raul Aguila's subsequent February 20, 2013 e-mail to Ovations, attached as Attachment "B" hereto, 576 Commission Memorandum-ITN # 59-2013ME Food and Beverage for MBCC April17, 2013 Page 6 In conjunction with its submittal of a proposal in response to the ITN, Ovations did, in fact, submit its request for an opinion to the Ethics Commission and, on March 20, 2013, the Commission issued a non-binding, advisory opinion (See Request for Advisory Opinion (RQO) 13-03, attached as Attachment "D" hereto). Having determined that Ovations was an affiliate of Global Spectrum which, as the City's manager at MBCC, is also contractually charged with the duty of overseeing and evaluating performance of the MBCC food and beverage contract, the Ethics Commission concluded, "It is evident from the aforestated facts that, based upon prior opinions issued by the COE [Commission on Ethics], that there is an inherent conflict of interest where Global would be supervising, evaluating and overseeing the performance of its sister affiliate, Ovations." [Brackets supplied]. MANAGER'S DUE DILIGENCE After considering the recommendation of the Evaluation Committee, I have also exercised my due diligence. This review necessarily included consideration of the conflict of interest issues discussed above, and their potential impact, in determining whether or not to recommend the short-listing of Ovations pursuant to the ITN, as well as acknowledging that Ovations was the number one ranked firm by the Evaluation Committee while the other two (2) firms were a distant second and third. There exists a legitimate concern as to whether the relationship between Global Spectrum and Ovations would create a recurring conflict of interest, and impair (or, at a minimum, create the appearance of impairing) the objective administration and evaluation of the food and beverage service contract. Under its current agreement with the City, Global Spectrum is not only charged with administering, managing, and assuring compliance with the MBCC food and beverage contract but, more significantly, with the responsibility of providing periodic status reports as to the food and beverage service vendor's performance, as well as with providing recommendations for improvements under the food and beverage contract. Because the latter responsibility requires subjective input and judgment, there is the potential for (or at least the potential for the appearance of) impaired objectivity. In other words, where Global is required under its contract with the City to perform tasks (in this case, tasks specifically relating to the oversight of the food and beverage contract) that require certain objective assessments, can it be truly objective? It should be noted, however, that in assessing this concern, and in making the recommendation herein, at no time should there be any question of either Global's integrity, or its superlative performance and service as a vendor to the City thus far. That is certainly not the issue. However, the written opinions of the City Attorney's office with respect to the conflict of interest, plus the non-binding (but certainly persuasive) opinion of the Miami-Dade Ethics Commission cannot be ignored. I do note that at the Palm Beach Convention Center, Global operates the facility and Ovations handles the food and beverage services. But I cannot get comfortable with the conflict, and certainly cannot recommend that approach to the City Commission. notes that, given the City's reliance on a previously issued binding advisory opinion by the Ethics Commission on a similar conflicts issue (Request for Advisory Opinion (RQO) 08-19, which is also included as part of Attachment "8"), the City might not have any choice but to disqualify Ovations, should it elect to submit a proposal in response to a subsequent solicitation. However, upon further communication with counsel for Ovations, and upon being informed that Ovations intended to submit a request for opinion to the Ethics Commission, but that the Commission would not be able to hear same until after the ITN opening date, Ovations was ultimately permitted to submit a proposal in response to the ITN (See Mr. Aguila's March 5, 2013 e-mail to Ovations' counsel, attached hereto as Attachment "C"). 577 Commission Memorandum -ITN # 59-2013ME Food and Beverage for MBCC April17, 2013 Page 7 If the City Commission is interested in having Ovations, in light of its superior ranking by the Evaluation Committee, provide the food and beverage services at the Convention Center, the only way to do that would be to have Global be directly responsible for all of the management and operation, including the catering and concession services. They could then utilize Ovations as a subcontractor. But Global would be directly responsible and liable for the food and beverage operation at the Convention Center. As such, for the reasons set forth herein, I hereby recommend that the Mayor and the City Commission enter into negotiations with the second and third ranked proposers, Centerplate, and Aramark, or, in the alternative, that the City Commission reject all proposals in response to the ITN, and further authorize the Administration to include the provision of food and beverage services for the Miami Beach Convention Center as a component of the scope of services in the new Convention Center management and operation agreement being negotiated with Global. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve Option A and accept the recommendation of the City Manager, pursuant to Invitation to Negotiate No. 059-2013ME for Food and Beverage for the Convention Center (ITN), and authorize the Administration to enter into negotiations with the second and third ranked proposers, Centerplate, and Aramark; or in the alternative, that the Manager and City Commission approve option "B," rejecting all proposals in response to the ITN, and further authorizing the Administration to include the provision of food and beverage services for the MBCC as a component of the scope of services in the new MBCC management and operation agreement being negotiated with Global Spectrum. T:\AGENDA\2013\Aprii17\ITN-59-013ME Food and Beverage MBCC -Memo.doc 578 U'l ....... <0 Capital Investment Three (3) years commencing on or about July 1, 2013, Plus one (1) two (2) year renewal option to be exercised by the mutual agreement of the parties. $750,000 for equipment and leasehold improvements for the term of the contract. If the term expires or the agreement is terminated by either party for any reason prior to the full amortization of the investment, the City shall pay to ARAMARK an amount equal to the unamortized balance of the investment (as ofthe date of termination) on or before such date of expiration or termination. Three (3) years plus a two (2) year mutual option. ,000 into the Food and Beverage operations. Three (3) years commencing on the award date, Plus one (1) two (2) year options to be exercised at the City of Miami Beach's sole discretion. as follows: i) $1,250,000 towards food and beverage capital projects as outlined during the first contract year. 2) $250,000 into a one time marketing fund (in addition to the required marketing accrual). Investment will require industry standard buy-back protection in case of early termination for any reason. ) years commencing on the award date, Plus one (1) hvo (2) year extension option at the mutual agreement of both parties $800,000 toward capital foodservice projects; to be mutually agreed upon. The Investment will be amortized and for depreciated on a three-year schedule from tile date of the term, deployment, or installation whichever is later. If the agreement expires or terminates for any reason whatsoever, prior to the amortization of the investment, the unamortized portion will be reimbursed to Ceterplate by the City of the successor concessionaire. Three (3) years commencing on the award date, plus one (1) two (2) year extension option at the mutual agreement of both parties. $800,000 toward capital foodservice projects; to be mutually agreed upon. The Investment will be amortized and !or depreciated on a three-year schedule from the dale of the term, deployment, or installation whichever is later. If the agreement expires or terminates for any reason whatsoever, prior to the amortization ofthe investment, the unamortized portion will be reimbursed to Ceterplate by the City of the successor concessionaire. U'l 00 0 Commission Rates ARAMARK wi:l pay commissions to the City in accordance with the below commission schedule. Ail Gross Receipts (as defined below) t!er levels for commission calculations set forth herein wiil be increased at the end of each contract year in accordance with the applicable Consumer Price Index. Aggregate (Commissions & Catering) Annual Gross Receipts Commission Rate $0-$4,000,000 28% $4,000,001 -$5,000,000 30'?~ (on the increment) $5,000,001 -$6,000,000 32% (on the increment) $6,000,001 -$7,000,000 34% (on the increment) $7,000,001 -$8,000,000 36% (on the increment) Over $6,000,000 38% (on the increment) ,"Jotwithstanding the terms and conditions set forth herein, ifthe City desires a minimum commission guarantee, ARAMARK welcomes the opportunity to discuss a minimum commission guarantee and financial arrangement that would be mutually acceptable to ARl\MARK and the City. Revenue Share Compensation: City to receive the following Revenue Share Compensaiions: Ail Sales $0 -$6,000,000 25.0% $6,000,001 -$8,000,000 27.5% (on the increment) Greater than $8,000,000 30.0% (on the increment) Guaranteed minimum of $1,500,000 will Gross Receipts from food and Base Management Fea be pa!d at the close of each year should beverage Centerplate shall receive a Base commissions on gross sales paid to the Zero $4,000,000 20.0% \11anagement Fee i .0% of Gross City of Miami Beach not exceed th!s $4,000,001 $5,000,000 25.0% Receipts during each contract amount. If for any reason the show Art $5,000,001 $6,000,000 30.0% year, payable in twelve monthly Basei-M!ami Beach shall cease to be $6,000,001 $7,000,000 35.0% instal!ments. hosted at the Miami Beach Convention $7,000,001 $8,000,000 36.0% Center, Ovations reser1es the right to $8,000,001 sg,ooo,ooo 37.0% Incentive Fee negotiate an adjustment commensurate $9,000,001 and greater 38.0% Centerplate's Incentive with the show's value to food ser1ices Management Fee shall equal Commissions-Percentage of 5.0% of the Net Operating Profit, Concessions Food and Alcohol Gross Receipts payable in 12 monthly Beverages Calculated on the increment and insta!!ments. $0-$660,000.00 26% all tiers as shown are adjusted by $660,001 -$990,000 27.5% CP! Net Operating Profits: Gross $990,001 and up 29% Receipts less the actual out-of-Catering Food, Non Alcohol and [1 J Centerplate proposes the pocket costs of the food and Alcohol Beverages same percentage rent for branded beverage concession and catering $0 • $2,320,000 26% foods as the rates for Concession services from the total Gross $2,320,001 -$3,480,000 27.5% Food and Beverage, provided the Receipts. These costs include but $3,480,001 and up 29% commissions due to the City are are not limited to the actual Catering Supplemental Fee (Service decreased dollar for dollar for the expense of the product, on-site Charge) royalty fee (typically at 5.0% to payroll, payroll taxes, fringe $0-$360,000 26% 6.0% of sales) associated with benefits, depreciation of $360,001 -$540,000 27.5% the branded food concepts. investment as outlined above, on-$540,001 and up 29% site operating expenses such as Net Paid to Ovations From repair and maintenance, cleaning, Subcontractors office supplies, advertising and $0 -$248,000 65% marketing, Reserve Funds, $248,001 -$372,000 68.75% Scholarships and Management $372,001 and up 72"50% Fee as out!ined above. U'l 00 ~ Reserve Funds Marketing Scholarship • Capital Reserve Fund: ARAMARK I 1.5% cf All Sales proposes to contribute an amount equal to 1% of annual Gross Receipts to a capital reserve fund for the repair, maintenance and replacement of food and beverage service equipment, small wares, and other leasehold improvements directly associated with the Ser<ices. fviarketing Fund: ARAMARK proposes to I 1.0% cf Catering Sales contribute an amount equal to 1% of annual Gross Receipts to a marketing fund for the marketing and promotion of the Services at the Facility. ARL>,MARK proposes to contribute $20,000 annually to the City of Miami Beach Scholarship Fund. Additionally, ARAMARK proposes to contribute $30,000 annually as follows: • $20,000 to the Miami Beach High AOHT-Hospitality/Tourism department • $10,000 annual to multiple Miami Beach Senior living Facilities SiO,OOO per year Annuai Capital Reserve Fund As a % of Gross Receipts i .5% Annuai Marketing Reser.;e Fund As a %of Gross Receipts 1.5% • Annual Hospitaiity Scholarship Fund $20,000 Note: The City has the option to utilize the additional $250,000 marketing grant in any way it deems. A community grant can be establIshed using a portion of or ali of these funds and should be weighed in final bid evaluation. Percentage of Gross Receipts In order to maximize the visitor and Percentage of Gross Receipts In order to maximize the visitor customer's experience at the and customer's experience at the Center, we believe an annual food Center, we be!ieve an annual food and beverage capital and beverage capita! reinvestment program and a reinvestment program and a promotional program is prudent: promotional program is prudent; scope and nature to be mutually scope and nature to be mutually agreed upon by both parties. agreed upon by both parties. Centerplate is proposing to fund a Centerplate is proposing to fund a Capita! Repair and Replacement Capital Repair and Replacement Reserve as per the RFP, and Reser<e as per the RFP, and Marketing and Promotional Marketing and Promotional Reserve based on percentage of Reserve based on percentage of the Gross Receipts as fo!lows: the Gross Receipts as follows: • Capital Repair and Replacement'• Capital Repair and Replacement Reserve 0.5% Reserve 0.5% Marketing and Promotional Reserve* 1.0% Marketing and Promotional Reserve* 1.0% *The Marketing and Promotional ,. The Marketing and Promotional Reserve shall be the greater of Reserve shall be the greater of $20,000 or 1.0% of Gross $20,000 or 1.0% of Gross Receipts, Centerplate proposes to contribute $20,000 per annum towards a scholarship fund (the "Scholarship Fund") for qualifying in-need Miami Beach residents pursuing a career in facility management and/or the hospitality and tourism industry Receipts. Centerplate proposes to contribute $20,000 per annum toward a scholarship fund (the "Scholarship Fund") for qualifying in-need Miami Beach residents pursuing a career in facility management and! or the hospitality and tourism industry. U'l 00 f\) Notes Gross Receipts 1. All Sales shall refer to the total As used herein, "Gross Receipts" shall amount of money received by levy in mean the total revenue received by conjunction with the operations of ARM•1ARK from its provision of the Food and Beverage services, Services at the Facility less (a) sales including the net amount received by taxes and other direct taxes imposed levy from subcontractors and upon receipts collected from consumers, specifically excluding sales and other (b) creditidebitigift card transaction fees taxes, credit card fees, amounts not and charges, (c) discounted sales, (d) received from bad debts or cash sales by subcontractors, (e) shortages, discounted sales, gratuity administrative charges, and (f) and service charges. gratuities paid to employees. The portion Z. The Investment shall be of revenue received by ARAI'v1!\RK from on a straight-line basis subcontractors will be included in Gross aver five (5) years, and should the Receipts. Agreemertt terminate for any reason, the unamortized portion of the Investment shall be reimbursed to Levy. 3. This proposal assumes full operational capabilities throughout the Terrn. Should the Convention Center larnpomri!y be closed for renovation, both parties will mutually agree in good faith upon a revised economic modeL 4. Sales Tiers shall increase annually by the CPl. 5. This proposal assumes levy is provided a Tum-Key Facility throughout the Term. Ovations has reviewed the terms and conditions included in the RFP. Recognizing that now is not the appropriate time to negotiate the final agreement, Ovations wishes to reserve the right to mc;JOtiete the terms end conditions of the food and baverage agreement if it is selected by the Miami Beach Convention Center as the successful bidder. U'l 00 w Other Considerations • The above commissions for the food and beverage services shall be paid as a percentage of Gross Receipts (total revenues less sales or other taxes, service charges/catering supplemental fees, employees meals and reduced or at cost items). Gross Receipts wiil include the amount received by Ovations from third party subcontractors and not the gross receipts generated by the subcontractors. • Ovations proposes the same percentage commission for branded foods as rates for concession food and beverage sales provided the commissions are decreased dollarfor dollar for the royalty fee (typically 5-6% of sales) associated with the branded food concepts. There are no royalty fees on Ovations' intemaliy created brands. Hurricane/Natural Disaster/Emergency Ovations agrees to all of the terms and services required as outlined in the ITN. Our plan for Hurricane!Natural Disaster/Emergency is included in our response. Aguila, Raul w From: Sent: To: Cc: Subject: Attachments: Importance: Dear Mr. Lawrence: Attachment "B" Aguila, Raul Wednesday, February 20, 2013 12:33 PM 'charles.lawrence@ovationsfs.com' Smith, Jose; Sklar, Max; Denis, Alex; Estevez, Maria CITY OF MIAMI BEACH INVITATION TO NEGOTIATE 059-2013-ME/ FOOD AND BEVERAGE SERVICES FOR THE MIAMI BEACH CONVENTION CENTER (the ITN) ATTODamE_Opinion_2013-02-20_11-37-03.pdf High I was advised by Asst. City Manager Max Sklar that a representative of Ovations attended the Proposer's Conference on February 13, 2013. Again, as with Ovations' submittal of a proposal in response the City's prior Request for Proposals (RFP) for the Convention Center food and beverage contract (which RFP, as you know, was rescinded by the City), it is still the City's opinion that, given Ovations' continuing "sister company" affiliation with the City's current manager for the Convention Global Spectrum, such relationship creates an inherent conflict of interest. This is especially true where Global is charged (as of its contractual duties under its Management Agreement with the City) with administering, managing, and assuring compliance with the Convention Center food and beverage contract. This also includes, without limitation, making periodic reports and recommendations to the City with regard to the food and beverage contractor's performance and quality standards. The City's opinion is supported by the precedent set in the attached Miami Dade County Commission on Ethics Opinion. As in the attached opinion, were Ovations to submit a proposal in response to the above referenced ITN, a significant conflict of interest would exist if Ovations were to be awarded the contract in that its affiliated company, Global, would be tasked with the responsibility of overseeing and supervising Ovations. In keeping with the Ethics Commission's recommendation in the attached opinion that "certain contractual arrangements create an inherent conflict of interest and should be determined prior to award," were Ovations' to submit a proposal in response to the current ITN, the City would-absent other authority-have no choice but to disqualify such proposal from consideration. That being said, we have consistently urged Ovations on numerous occasions--following the rescission of the prior RFP and prior to issuance of this ITN-that should it wish to obtain another opinion, it may request a formal opinion from the Miami-Dade County Ethics Commission, as to whether (given the specific facts in this case) Ovations may submit a proposal in response to the ITN. However, so as not to unnecessarily delay and/or hinder the City's timeline, as set forth in the ITN, such opinion must be requested and issued by the Commission PRIOR to the proposal submittal deadline in the ITN, or no later than March 6, 2013. Please don't hesitate to e-mail me should you have any questions and/or comments regarding the above. Thank you. MIAMIBEACtl Aguila, Chief Deputy City Attorney OFFICE OF THE CITY ATTORNEY 1700 Convention Center Drive-Fourth Floor, Miami Beach, FL 33139 Tel: 305-673-7470 or 305-673-7000 I Fax: 305-673-7002 I www.raulaquila@miamibeachfl.gov 584 ~TH£CSCOMMISSIONJ1lRS Kerry E. :Riltfillllu!l., Clullr:plli'IIOII l>liiWii E. Addy, Vke Ckairpci'SI}Il .Magdi!Abdo-Gloiilllll Re~ne Mo11esll!ile &ymllll!'Gelber ROBEtn A. ME:\'Erul l!XECIJ'l'IVE lliiii:CTOR MlC~AELP. MtJRAWSKI A!!VOCA'I'! AMVT.U WALKER STAfF «lEI!EIIAI.COUN5EL VIA FACSIMILE (305) 461-3383 AND :REGULAR MAIL April 25, 2008 Leah Miller Art, Design and Construction, Inc. 4111 LeJeune Coral Gables, FL 33146 " " ··. ·• · FOR ADVISORY Dear Ms. Miller: ·· The Commission on Ethics and Publ Trust your request for an,advisory opinion at its meeting on April 24, 2ooe and its opinion on the in your letter. You requested an opinion regarding whether Art, Design and Construction (ADC) may bid on a construction contract where a company performed des work. In your , you advised the Commission that the Seaport Department reaently issued a solicitation a construction contract a at Cruise Terminal D. The project a story parking garage and includes sidewalks, roadways, signage, utility connections, landscaping and Bruno-Elias Ramos is the principal of Art, Design Construction (AOC) and Sruno~El (BEA) . BEA currently has a contract with the Seaport to provide Capital Development ~ursuant to that agreement, BEA was with the 585 f / I responsibil providing design for two parking garages including the parking garage for Cruise D. The scope of work under work includes bidding and negotiating services for construction . As Engineer for the project, BEA will construction phase project. The Commission found ADC may not serve as construction company on a eat a is serving as Engineer of Record on the project and will provide bidding 1 .negot and construction phase on the project. Ethics Commisa · · ·:previously opined ·t·hat:. "a firm may not services where an liate1 or subsidiary firm ·will provide oversight, management or selection services related to the contract. In a series of opinions, the Ethics Commission has opined that certain contractual arrangements an inherent confl of and should be to award. For example, a conflict exists if a contractor has overlapping ities on different phases of the same project (i.e. AE on one of project as value , .CIS or CM on another of supervisor or project subcontractor on or related phase or project) . conflict may exist if roles or responsibilities two related . These arrangements create conflict they lead to disclosure of ial information independent judgment by the contractor the its contractual obligations. BEA and ADC a common management. In feot, ADC serves as the construction arm of EEA. As such, potent conflict where one company is tasked li of 586 ' ' 1 ... evaluating construction bids and iaipating on a contract whe~e the other firm is bidding on cont~aot. any potential conflict will continue award since BEA has construction phase responsibilities capital development contract. Aooordingly, ADC may not ·serve as construction company for the Cruise Terminal D Parking contract, This opinion construes the MiamiwDade conflict .Interest and Code of Ethics ordinance only and is not applicable to any conflict tmder state' law. contact the · , .. ··State· of F:lodda: ·Comm:l:srsion on Ethics· if ycnr have any questions regarding .conflicts under state law. If have any regarding this opinion, please call undersigned at (305) · 5'79~2594 Ardyth Walker, Staff General Counsel at (3·05) 350·0616'. Sincerely Yours~ ' ,..,, ' ..... [. 1 v[_,_,ft. ' ·----·- ROBERT MEYERS Executive Director oc: Maria Cerna, Seaport 587 Attachment "C" Raul From: Aguila, Raul Sent: To: Tuesday, March 05, 2013 4:24 PM 'Benedict P. Kuehne' Subject: RE: CITY OF MIAMI BEACH INVITATION TO NEGOTIATE 059-2013-ME/ FOOD AND BEVERAGE SERVICES FOR THE MIAMI BEACH CONVENTION CENTER (the ITN) Dear Mr. Kuehne: I appreciated the opportunity to speak with you today regarding your e-mail of February 27, 2013. Notwithstanding, the concerns cited by the City in my 2/20/13 e-mail (that is, the City's concern that, should Ovations be recommended for award pursuant to the ITN, there may be an inherent, recurring conflict of interest as a result of its sister company, Global Spectrum, being charged with the duty of managing the Convention Center food and beverage contract), it is not our intent to preclude Ovations from participating in this competitive bidding process. Thank you, Raul Aguila I J. Aguila, Chief Deputy Attorney OFFICE OF THE CITY ATTORNEY 1700 Convention Center Drive -Fourth Floor, Miami Beach, FL 33139 Tel: 305-673-7470 or 305-673-7000 f Fax: 305-673-7002 I www.raulagulla@miamlbeachf!.gov We are committed to providing excellent public service and safety to all who live, work and play In aur vibrant, tropical, historic community. from: Benedict P. Kuehne [mailto:Ben.Kuehne@kuehnelaw.com] Sent: friday, March 01, 2013 11:20 AM To: Aguila, Raul Subject: RE: CITY OF MIAMI BEACH INVITATION TO NEGOTIATE 059·2013-ME/ FOOD AND BEVERAGE SERVICES FOR THE MIAMI BEACH CONVENTION CENTER (the ITN) Raul- Thank you for your email. I am generally available most of today (Friday) for a telephone conference. l do intend to attend a Judicial Investiture at the Miami-Dade Courthouse from Noon to about 2 pm. Benedict P. Kuehne Law Office of Benedict P. Kuehne, P.A. 100 S.E. 2d Street, Suite 3550 Miami, FL 33131-2154 305.789.5989 x7 Tel 305.789.5987 Fax ben.kuehne@kuehnelaw.com bkuehne@bellsouth. net www. kuehnelaw.com from: Aguila, Raul [mailto:Rau!Aguila@miamibeachfl.gov] Sent: Wednesday, February 27 1 2013 4:34PM To: Benedict P. Kuehne Cc: Sklar, Max; Denis, Alex; Estevez, Maria; Smith, Jose; 'TOM.MARCHffiO@OVATIONSFS.COM'; 'Charles Lawrence' RE: CITY Of MIAMI BEACH INVITATION TO NEGOTIATE 059-2013-ME/ FOOD AND BEVERAGE SERVICES FOR THE MIAMI BEACH CONVENTION CENTER (the ITN) 1 588 Dear Mr. Kuehne: Thank you for your e-mail. I too regret that we have been playing phone tag, and would welcome the opportunity to speak with you personally on this matter. I am tied up today and tomorrow with our Convention Center expansion/renovation project. Is there a convenient time that we can speak more about the ITN (and Ovations' proposed bid in response thereto) sometime on Friday? Please let me know of your availability. Thanks, Raul MIAMI BEACH Raul J. Aguila, Chief Deputy City OFFICE OF THE CITY ATTORNEY 1700 Convention Center Drive-Fourth Floor, Miami Seach, Fl33139 Tel: 305-673-7470 or 305-673-7000 I Fax: 305-673-7002 I www.raulaguila@miamibeachfl.gov We are comm/Ued to providing excellent public service and safety to all who live, work and ploy In our vibrant, tropical, historic community. From: Benedict P. Kuehne [mailto:Ben.Kuehne@kuehnelaw.com] Sent: Wednesday, February 2013 3:23AM To: Aguila, Raul Cc: Sklar, Max; Denis, Alex; Estevez, Maria; Smith, Jose; 'TOM.MARCHETTO@OVATIONSFS.COM'; 'Charles Lawrence' ......... ,~-..... CITY OF MIAMI BEACH INVITATION TO NEGOTIATE 059-2013-ME/ FOOD AND BEVERAGE SERVICES FOR THE MIAMI BEACH CONVENTION CENTER (the ITN) J. Aguila, Chief City Attorney Office City City Miami 1700 Convention Center 33139 Raul, I been recently engaged as counsel Ovations Food Services in connection with its response to the City's ITN # 059-2013ME for the management and provision of food and beverage services at the Miami Beach Convention Center. I have left a number of phone messages for you over the past few days, but we have not yet connected to discuss pending matters. Thus, I am corresponding in writing. 2 589 Ovations received your February 20 1 2013 email and your follow up email dated February 21, each of which was addressed to Charles Lawrence. Your February 20th email notified Ovations that it is the City's opinion there is an "inherent conflict of interest" in any bid to be submitted by Ovations in response to the ITN. This opinion is apparently based· on the fact that Global Spectrum, a separate but related company to Ovations, manages the Convention Center. Your email suggested that Ovations must request from the Miami-Dade County Commission on Ethics & Public Trust a formal opinion as to whether Ovations may submit a bid in response to the ITN, and further required that the opinion must be requested and issued by the Ethics Commission prior to the proposal deadline of March 6. Your February 20th email was the first formal notification Ovations received of the City's position on this matter. Your February 21 email then extended the period by which you are requiring Ovations to obtain the opinion to March 11. First, Ovations does not believe any conflict of interest exists. Rather, it is Ovations' considered opinion that one of its competitors has suggested a conflict in an attempt to eliminate Ovations from bidding for the contract, thus giving this competitor an advantage in the bid process. This attempt to limit competition only harms the City and defeats the purpose of soliciting competitive bids. The facts of this matter are easily distinguishable from those on which the 2008 opinion-the one cited in your emails to Mr. Lawrence -was decided. In fact, Global Spectrum currently manages over 10 facilities at which Ovations provides the food and beverage service, including the Palm County Convention Center. Concerns of a conflict have never been raised or materialized at any of these facilities. Second, it is unreasonable for Ovations to be required to secure an opinion merely to participate in the I'rN application process. No part of the ITN requires a conflict of interest opinion as a precondition to applying. Nor any provision in Miami Beach's procurement require an advance conflict opinion merely as a qualification to apply or submit a bid. Nevertheless, in order to alleviate any concerns the City may have, Ovations is in the process seeking an opinion from the Ethics Commission. We are currently in the process of drafting the Request for an Opinion to submit to the Commission this week. The timing of the Commission's response and opinion is out of our hands, however. It is unlikely the Commission will be in a position to issue any formal opinion prior to your March 11 deadline, since no March Commission meeting has yet been set. The Commission's timing is a matter for its own exercise of governmental authority, and one which Ovations cannot be held responsible. If the Commission requires a public hearing for issuance of a formal opinion (as is its standard practice for requests for an opinion), that can only occur at a 3 590 scheduled public hearing that has not yet been set or noticed. Ovations does not have the power to require the Commission alter established method of responding to opinion requests, nor to expedite timetable for responding. Thus, your requirement that an opinion issued prior to March 11 effectively bars Ovations from responding. We do not see the merits, or authority, in mandating such an arbitrary deadline -one that is well in advance the date on which determination to award the contract will be made. It certainly not included as a requirement of the ITN. Therefore, we ask you to reconsider your self-imposed deadline and allow Ovations to submit its bid together with our request for a Commission on Ethics opinion. In sum, Ovations intends to submit a competitive bid to manage and provide the food and beverage service the Center. Prior to bid submission, Ovations intends to request an opinion from the Ethics Commission regarding the alleged conflict. We expect that our bid will be considered on its merits, and look forward to receiving from the City a fair opportunity to have our bid received and evaluated. Respectfully submitted, Benedict Kuehne Benedict P. Kuehne Law Office of Benedict P. Kuehne, P.A. 1 00 S. E. 2d Street, Suite 3550 Miami, FL 33131-2154 305.789.5989 x7 Tel 305.789.5987 Fax ben. kueh ne@kuehne!aw .com bkuehne@bellsouth.net www.kuehnelaw.com 591 4 March 20,2013 Benedict P. Kuehne, Esq. Miami Tower, Suite 3550 1 00 2nd Street 131-2154 Re: RQO 13-03 Attachment "D" MIAMI-DADE COUNTY COMMISSION ON ETHICS & PUBLIC TRUST Request Advisory Opinion on behalf of Ovations Food Services LP Dear Mr. Kuehne: You have requested an advisory opinion from the Miami-Dade Commission on Ethics and Public Trust (COE) in connection with the bid of your client, Ovations Food Services LP ("Ovations"), to City of Miami Beach Invitation to Negotiate the Food Beverage Services contract for the Miami Beach Convention Center (ITN-059-2013-ME). This request has been made upon the suggestion of the City of Miami Beach Attorney's Office to Ovations in connection with its intent to bid on. the aforesaid contract. The basis of the request is to seek, an advisory opinion the COE concerning whether your client may participate in this contract considering that its sister company, Global Spectrum LP (''Global"), is the holder of the existing contract for the management Convention Center. We have reviewed your letter supporting documentation submitted on behalf ofyom· client's position that there is no prohibited conflict of interest You have taken the position that the two companies, while sharing a substantially common ownership, are corporations with separate management, and, therefore, there should not be any prohibited conflict of interest in connection with their involvement i~ the two contracts in question. The City of Miami Beach Attorney's Office has opined that there is an inherent conflict of interest inasmuch as Global is charged, pursuant to duties under management contract with the City, with "administering, managing, and assuring compliance with the Convention Center food and beverage contract," which "includes, without limitation, making periodic reports and recommendations to the with regatd to the food and beverage cont1:actor's perfom1ance and quality standards." 592 In support of its position, the has relied upon a prior COB opinion (RQO 08~19), which cited prior COB opinions for the proposition that "a finn may not provide services where an affiliate, parent or subsidiary firm will provide oversight, management or selection services related to the contract" ' It is clear that Ovations is an affiliate of Global because of the common o\.vnershlp they share. Based upon the organizational chart provided materials submitted by you on behalf of Ovations, Comcast Spectacor Ventures, LLC (PA) owns 81.76% of Ovations and 94.0625% of Global. Additionally, two other subsidiaries of Comcast Spetacor Ventures --Ovations Food Inc. (PA) and Global Spectrum, Inc. (P A)--each have a minor share .in one of the two subsidiaries involved in this scenario. Comcast Spectacor Ventures, LLC (P A) is itself the subsidiary ofthe parent company, Comcast Specacor, L.P. (PA) to the extent of95% ofits value. It is evident from the aforesaid facts that, based upqn prior opinions issued by the COB; that there is an inherent conflict of interest where Global would be supervising, evaluating and overseeing the performance of sister affiliate, Ovations. This opinion is a non-binding advisory opinion issued in response to your request and that of the City of Miami Beach. For the COB to exercise binding authority over the issue of whether your client, a private contractor, may be awarded this contract, one of three conditions would have to be present: 1) the issue involving the private contractor or subcontractor is explicitly subject to the Miami-Dade Conflict of Interest and Code of Ethics Ordinance ("the Ordinance"); 2) the ITN(or RFP or RFQ), or the terms of the proposed contract or subcontract explicitly provide the COE with the authority to make a binding determinatibn of the presented; or 3) pursuant to Section 2-11.1(13) of the Ordinance, the contract staff of the private contractor or subcontractor has been designated by the Manager or the Manager's designee as being required to comply with the provisions of the Ordinance denoted in the latter section. Inasmuch as none of the aforesaid conditions is applicable in this instance, the COE is unable to provide a binding opinion on this matter. This opinion does not address whether any conflict exists under state law. Please contact the State of Florida Commission on Ethics if you have any questions regarding. possible ,conflicts under state law.· ~ ' u have any questions regarding this opinion, please call the undersigned or Senior Staff 1 Attotney Victoria Frigo at 305-579-2594. cc: Raul Aguila, Assistant City Attorney, City of Miami Beach RQO 13-03 Kuehne, on behalf of Ovations 2 593 RESOLUTION TO BE SUBMITTED 594 MIAMI BEACH City of Miami Beach1 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Jimmy L. Morales, City Manager CC: Rafael Granado, City 9 FROM: Jose Smith, City A~l;n \~. DATE: April17, 2013 SUBJECT: RESOLUTIONS CALLING FOR A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF MIAMI BEACH WHETHER MIAMI BEACH CITY CHARTER SECTION 2.02 SHOULD BE AMENDED WITH REGARD TO TERM LIMITS FOR THE MAYOR AND CITY COMMISSIONERS. Pursuant to the request of Commissioner Ed Tobin, please place the attached Resolutions on the April 17, 2013 Commission Meeting Agenda which provide two (2) alternate versions for the calling of a Special Election for the purpose of submitting to the electorate of Miami Beach a question whether Miami Beach City Charter Section 2.02 should be amended with regard to term limits for the Mayor and City Commissioners. One version establishes a maximum 14 years of service on the City Commission (i.e., 2 four (4) year terms as a Commissioner and 3 two (2) year terms as Mayor), regardless of when such service occurs. The second version prohibits more than 14 years of consecutive service on the City Commission. Agenda Item R l M Date ~-11-13 595 RESOLUTION NO.----- A RESOLUTION CALLING FOR A , 2013 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER MIAMI BEACH CITY CHARTER SECTION 2.02 SHOULD BE AMENDED TO PROVIDE THAT COMMENCING WITH THE CITY'S GENERAL ELECTION IN NOVEMBER 2013 THE "CONSECUTIVE" TERM LIMIT LANGUAGE SHALL BE DELETED, PROVIDING INSTEAD FOR TERM LIMITS OF SIX YEARS (THREE TERMS) FOR MAYOR AND EIGHT YEARS (TWO TERMS) FOR COMMISSIONER, RETAINING REMAINING PROVISIONS IN CHARTER SECTION 2.02 INCLUDING RETROACTIVE APPLICABILITY OF TERM LIMITS. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, , 2013 for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the official registration books show that the said electors reside. 596 SECTION 4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Dora!, Florida 33172; Telephone: (305) 499- VOTE (8683). SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of §150.031 and §100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE DAY OF ----------' 2013, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: 2 597 TERM LIMITS OF MAYOR AND CITY COMMISSIONERS CHARTER SECTION 2.02 ESTABLISHES TERM LIMITS OF SIX CONSECUTIVE YEARS (THREE CONSECUTIVE TERMS) FOR MAYOR, AND EIGHT CONSECUTIVE YEARS (TWO CONSECUTIVE TERMS) FOR COMMISSIONER. SHALL THESE PROVISIONS BE CHANGED COMMENCING WITH CITY'S GENERAL ELECTION IN NOVEMBER 2013 TO DELETE THE "CONSECUTIVE" TERM LIMIT LANGUAGE AND PROVIDE INSTEAD TERM LIMITS OF SIX YEARS (THREE TERMS) FOR MAYOR AND EIGHT YEARS (TWO TERMS) FOR COMMISSIONER, RETAINING REMAINING PROVISIONS IN SECTION 2.02 INCLUDING RETROACTIVE APPLICABILITY OF TERM LIMITS? SECTION 7. ____ YES ____ NO That the official ballot to be used in the Special Election to be held on May 14, 2013, hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" TERM LIMITS OF MAYOR AND CITY COMMISSIONERS CHARTER SECTION 2.02 ESTABLISHES TERM LIMITS OF SIX CONSECUTIVE YEARS (THREE CONSECUTIVE TERMS) FOR MAYOR, AND EIGHT CONSECUTIVE YEARS (TWO CONSECUTIVE TERMS) FOR COMMISSIONER. SHALL THESE PROVISIONS BE CHANGED COMMENCING WITH CITY'S GENERAL ELECTION IN NOVEMBER 2013 TO DELETE THE "CONSECUTIVE" TERM LIMIT LANGUAGE AND PROVIDE INSTEAD TERM LIMITS OF SIX YEARS (THREE TERMS) FOR MAYOR AND EIGHT YEARS (TWO TERMS) FOR COMMISSIONER, RETAINING REMAINING PROVISIONS IN SECTION 2.02 INCLUDING RETROACTIVE APPLICABILITY OF TERM LIMITS? SECTION 8. ____ YES ____ NO That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee voting. 3 598 SECTION 9. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 10. If any section, sentence, clause or phrase of the proposed ballot measure 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 said ballot measure. SECTION 11. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this ___ day of ________ , 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK (Requested by Commissioner Ed Tobin) 4 599 MA TTl HERRERA BOWER, MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~-~£/" ...... )• • PROPOSED BALLOT TITLE AND BALLOT SUMMARY ------· 2013 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: TERM LIMITS OF MAYOR AND CITY COMMISSIONERS CHARTER SECTION 2.02 ESTABLISHES TERM LIMITS OF SIX CONSECUTIVE YEARS (THREE CONSECUTIVE TERMS) FOR MAYOR, AND EIGHT CONSECUTIVE YEARS (TWO CONSECUTIVE TERMS) FOR COMMISSIONER. SHALL THESE PROVISIONS BE CHANGED COMMENCING WITH CITY'S GENERAL ELECTION IN NOVEMBER 2013 TO DELETE THE "CONSECUTIVE" TERM LIMIT LANGUAGE AND PROVIDE INSTEAD TERM LIMITS OF SIX YEARS (THREE TERMS) FOR MAYOR AND EIGHT YEARS (TWO TERMS) FOR COMMISSIONER, RETAINING REMAINING PROVISIONS IN SECTION 2.02 INCLUDING RETROACTIVE APPLICABILITY OF TERM LIMITS? _____ YES _____ NO II. PROPOSED CHARTER TEXT: Section 2.02 Term and Compensation. The term of office of the Mayor shall be two (2) years. The term of office of the City Commissioners shall be four ( 4) years. Commencing with the General Election in November ~ 2013 (excluding individuals holding City of Miami Beach elective office prior thereto for their unexpired terms), the term limit for Miami Beach Commissioners shall be two terms (eight consecutive years:! and the term limit for Miami Beach Mayor shall be three terms (six consecutive years} respectively, measured retroactively from their first elections said terms not including time served as a member of the City of Miami Beach Commission as a result of having filled a vacancy in the Commission pursuant to Section 2.07 of the City of Miami Beach Charter. The annual compensation for the Office of Commissioner shall be six thousand dollars ($6,000.00) and the compensation for the Office of Mayor shall be ten thousand dollars ($10,000.00); any increase in salary for Mayor and/or Commissioner shall require approval of a majority of the electorate voting at a City election. 5 600 RESOLUTION NO.----- A RESOLUTION CALLING FOR A , 2013 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER MIAMI BEACH CITY CHARTER SECTION 2.02 SHOULD BE AMENDED TO PROVIDE THAT COMMENCING WITH THE CITY'S GENERAL ELECTION IN NOVEMBER 2013 TERM LIMITS SET FORTH THEREIN ARE SUBJECT TO A LIFETIME BAN ON FURTHER ELECTION TO THE CITY COMMISSION FOR INDIVIDUALS WHO HAVE SERVED 14 CONSECUTIVE YEARS AS MEMBERS OF THE CITY COMMISSION, RETAINING REMAINING PROVISIONS IN CHARTER SECTION 2.02 INCLUDING RETROACTIVE APPLICABILITY OF TERM LIMITS. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00a.m. to 7:00 p.m. on Tuesday, ______ , 2013 for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the official registration books show that the said electors reside. 601 SECTION 4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the SupeNisor of Elections of Miami~Dade County. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida 33172; Telephone: (305) 499- VOTE (8683). SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of §150.031 and §100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE DAY OF , 2013, AT WHICH TIME THERE SHALL BE ~S~UB::-:M~I=T=TE=D:--T::-:0::-: THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: 2 602 TERM LIMITS OF MAYOR AND CITY COMMISSIONERS SHALL CHARTER SECTION 2.02 ESTABLISHING TERM LIMITS OF SIX CONSECUTIVE YEARS (THREE CONSECUTIVE TERMS) FOR MAYOR AND EIGHT CONSECUTIVE YEARS (TWO CONSECUTIVE TERMS) FOR COMMISSIONER, BE AMENDED TO PROVIDE THAT COMMENCING WITH NOVEMBER 2013's GENERAL ELECTION SAID TERM LIMITS ARE SUBJECT TO A LIFETIME BAN ON FURTHER ELECTION TO THE CITY COMMISSION FOR INDIVIDUALS WHO SERVED 14 CONSECUTIVE YEARS AS COMMISSION MEMBERS, RETAINING REMAINING PROVISIONS IN CHARTER SECTION 2.02 INCLUDING RETROACTIVE APPLICABILITY OF TERM LIMITS? SECTION 7. ____ YES ____ NO That the official ballot to be used in the Special Election to be held on. ______ , 2013, hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" TERM LIMITS OF MAYOR AND CITY COMMISSIONERS SHALL CHARTER SECTION 2.02 ESTABLISHING TERM LIMITS OF SIX CONSECUTIVE YEARS (THREE CONSECUTIVE TERMS) FOR MAYOR AND EIGHT CONSECUTIVE YEARS (TWO CONSECUTIVE TERMS) FOR COMMISSIONER, BE AMENDED TO PROVIDE THAT COMMENCING WITH NOVEMBER 2013's GENERAL ELECTION SAID TERM LIMITS ARE SUBJECT TO A LIFETIME BAN ON FURTHER ELECTION TO THE CITY COMMISSION FOR INDIVIDUALS WHO SERVED 14 CONSECUTIVE YEARS AS COMMISSION MEMBERS, RETAINING REMAINING PROVISIONS IN CHARTER SECTION 2.02 INCLUDING RETROACTIVE APPLICABILITY OF TERM LIMITS? ____ YES ____ NO 3 603 SECTION 8. That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee voting. SECTION 9. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 10. If any section, sentence, clause or phrase of the proposed ballot measure 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 said ballot measure. SECTION 11. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this ___ day of ________ , 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK (Requested by Commissioner Ed Tobin) 4 604 MATT! HERRERA BOWER, MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION PROPOSED BALLOT TITLE AND BALLOT SUMMARY ______ , 2013 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: TERM LIMITS OF MAYOR AND CITY COMMISSIONERS SHALL CHARTER SECTION 2.02 ESTABLISHING TERM LIMITS OF SIX CONSECUTIVE YEARS (THREE CONSECUTIVE TERMS) FOR MAYOR AND EIGHT CONSECUTIVE YEARS (TWO CONSECUTIVE TERMS) FOR COMMISSIONER, BE AMENDED TO PROVIDE THAT COMMENCING WITH NOVEMBER 2013's GENERAL ELECTION SAID TERM LIMITS ARE SUBJECT TO A LIFETIME BAN ON FURTHER ELECTION TO THE CITY COMMISSION FOR INDIVIDUALS WHO SERVED 14 CONSECUTIVE YEARS AS COMMISSION MEMBERS, RETAINING REMAINING PROVISIONS IN CHARTER SECTION 2.02 INCLUDING RETROACTIVE APPLICABILITY OF TERM LIMITS? ____ YES _____ NO II. PROPOSED CHARTER TEXT: Section 2.02 Term and Compensation. The term of office of the Mayor shall be two (2) years. The term of office of the City Commissioners shall be four (4) years. Commencing with the General Election in November ~ 2013 (excluding individuals holding City of Miami Beach elective office prior thereto for their unexpired terms), the term limit for Miami Beach Commissioners shall be two consecutive terms {eight consecutive yearsj and the term limit for Miami Beach Mayor shall be three consecutive terms (six consecutive years) respectively, measured retroactively from their first elections.. said terms not including subject to a lifetime ban on further election to the City Commission for any individual who has served 14 consecutive years as a member of the City Commission. The term limits and lifetime ban set forth hereinabove shall not include time served as a member of the City of Miami Beach Commission as a result of having filled a vacancy in the Commission pursuant to Section 2.07 of the City of Miami Beach Charter. The annual compensation for the Office of Commissioner shall be six thousand dollars ($6,000.00) and the compensation for the Office of Mayor shall be ten thousand dollars ($1 0,000.00); any increase in salary for Mayor and/or Commissioner shall require approval of a majority of the electorate voting at a City election. 5 605 THIS PAGE INTENTIONALLY LEFT BLANK 606 R9 NEW BUSINESS AND COMMISSION REQUESTS City of 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov OFFICE OF THE CITY CLERK, Rafael Granado, City Clerk Tel: (305) 673-7 411, Fax: (305) 673-7254 Email CityCierk@miamibeach.gov COMMISSION MEMORANDUM To: Mayor Matti Herrera Bower and M bers of th City Commission From: Jimmy L. Morales, City Manager J-~2::3~~~:;;;;~...._ Date: Aprill7, 2013 Subject: BOARD AND COMMITIEES ADMINISTRATION RECOMMENDATION: That appointments be made as indicated. ANALYSIS: Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments. VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTALVAC PAGE AD HOC CHARTER REVIEW AND REVISION BD. Affordable Housing Advisory Committee Bicycle-Pedestrian Facilities Advisory Committee Community Development Advisory Committee 7 11 7 14 Commissioner Deede Weithorn Commissioner Ed Tobin City Commission Commissioner Deede Weithorn Commissioner Ed Tobin Commissioner Jerry Libbin Commissioner Jonah M. Wolfson Commissioner Jorge Exposito Commissioner Michael Gongora Commissioner Jorge Exposito Commissioner Michael Gongora Page 1 2 Page 2 1 Page 6 1 Page 15 1 We are committed to providing excellent public service and safety to all who live, work and play in Agenda ltem _ _.;..R_Cf..;._A __ _ Date_....lt_....-1....:..1-......~1...;:3....__ 608 VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. Debarment Committee Disability Access Committee Golf Advisory Committee Health Advisory Committee Miami Beach Commission For Women Miami Beach Cultural Arts Council Parks and Recreational Facilities Board Personnel Board Police Citizens Relations Committee Production Industry Council Safety Committee 7 14 12 11 21 11 10 10 17 7 14 APPOINTED BY: TOTALVAC PAGE Commissioner Jorge Exposito Mayor Matti Herrera Bower Commissioner Jerry Libbin Commissioner Jonah M. Wolfson Commissioner Michael Gongora City Commission Commissioner Deede Weithorn Commissioner Ed Tobin Commissioner Jonah M. Wolfson City Commission Commissioner Jerry Libbin Commissioner Michael Gongora City Commission Commissioner Michael Gongora Mayor Matti Herrera Bower Commissioner Jorge Exposito Mayor Matti Herrera Bower 609 Page 20 1 Page 23 1 Page 27 Page 28 Page 37 Page 38 Page 44 3 Page 45 Page 48 Page 50 1 Page 51 1 VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE Single Family Residential Review 3 Jimmy Morales, City Manager 3 Page 52 Panel Tennis Advisory Committee 7 Mayor Matti Herrera Bower 1 Page 54 Attached is breakdown by Commissioner or City Commission: JLM/REG 610 Board and Committees Current Members AD HOC CHARTER REVIEW AND REVISION BD. 2012-28072 Composition: Pursuant to Miami Beach City Charter Section 8.01, the Charter shall be reviewed ten (10) years from November 3, 1993 and each tenth year thereafter. The board to be compsed of seven (7) members who shall be a direct appointment of the individual City Commissioners and the Mayor, and whose term shall commence on January 1, 2013 and expire on January 1, 2014 (subject to earlier or later sunset by the City Commission). The Board's powers of review shall include submittal of a report to the City Commission by June 1, 2013, which report shall include any recommendations concerning propposed amendments to the City's Charter. City Liaison: Rafael E. Granado Vacancy: Name Aaron Jacqueline Richard Scott Stephen Vacant Vacant Last Name Perry Lalonde Pre ira Diffenderfer Zack '"''"""""''""' ''""'""""''""'"'"'"''''""""'' Position/Title 1/1/2014 Commissioner Deede Weithorn 1/1/2014 Commissioner Ed Tobin Term Ends: Appointed by: Term Limit: 1/1/2014 Commissioner Jerry Libbin 1/1/2014 Commissioner Michael Gongora 1/1/2014 Commissioner Jonah M. Wolfson 1/1/2014 Commissioner Jorge Exposito 1/1/2014 Mayor Matti Herrera Bower Monday, April 01,2013 Page 1 of 59 611 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/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 Cin' 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: To replace (6) Not for Profit 12/31/2014 City Commission Stephanie Berman To replace Robert (1) Res. Home Bldg. 12/31/2014 City Commission Sa land Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Amy Perry (11) Rep. Essential Serv. 12/31/2013 City Commission 12/31117 Arian Adorno (9) Res. Juris Local Govt 12/31/2013 City Commission 12/31/17 Charles Urstadt (8) Local Plann. Bd. 12/31/2014 City Commission 12/31/17 Monday, April 01, 2013 Page 2 of 59 612 David Smith Guy Simani Jeremy Glazer Juan Rojas Mark Wohl Muayad Abbas Applicants Andrew Fischer Britta Hanson Gotlinsky Barbara Karen Fryd Prakash Kumar Monday, April 01, 2013 (3) Rep. Labor Home Bid. (10) Rep. Empl. With/Juris. (4) Low-Income Adv (2) Banking/Mortgage (7) Real Estate Prof. (5) For Profit Position/Title 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 Barbara Gotlinsky Dr. Barry Ragone Julio Lora Marie Towers Ryan Homan Page 3 of 59 613 12/31/14 12/31/17 12/31/17 12/31/16 12/31/17 12/31/17 Board and Committees Current Members in Public 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 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 Monday, April 01, 2013 Position/Title Position/Title Term Ends: 12/31/2014 12/31/2014 12/31/2013 12/31/2013 12/31/2014 12/31/2013 12/31/2014 Ana Cordero Antoinette Zel Cindy Brown Cyn Zarco Appointed by: City Commission City Commission City Commission City Commission City Commission City Commission City Commission David Lombardi Emma DeAibear Jonathan Porcelli Leslie Tobin Maria Rodriguez Merri Mann Molly Leis Rosemarie Murillo Likens Zoila Datorre 614 Term Limit: 12/31/16 12/31/16 12/31/17 12/31/14 12/31116 02/31/18 02131/18 Board and Committees Current Members 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 Name Last Name Daniel Nixon Lidia Resnick Lucero Levy Maria Koller Moni Cohen Silvia Rotbart Terry Blechman Position/Title Term Ends: Appointed 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 Libbin 12/31/18 12/31/2014 Mayor Matti Herrera Bower 12/31/14 12/31/18 12/31/2013 Commissioner Ed Tobin Ex-officio Chair of Mayor Ad-Hoc Garden Center Applicants Amy Rabin Christopher Todd Daniel Novela Dina Dissen Flavia Lowenstein-Eiortegui Kay Coulter Marina Novaes Michelle Ricci Peter Vallis Steven Gonzalez Monday, April 01, 2013 Position/Title Ana Cordero Cindy Brown Darin Feldman Dr. Corey Narson Francinelee Hand Lily Furst Marivi Iglesias Mitchell Korus Rabbi Daniel Sherbill Tiva Leser 615 Position/Title Page 5 of 59 Board and Committees Current Members Bicycle-Pedestrian Facilities Advisory Committee 2013-3793 Composition: 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. 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 Commisison may deem appropriate. 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. City Liaison: Vacancy: Members: Name Ada Applicants Ada Llerandi Last Name Llerandi Tuesday, April 02, 2013 Position/Title Position/Title 12/31/2013 Mayor Matti Herrera Bower 12/31/2014 Commissioner Jorge Exposito 12/31/2013 Commissioner Michael Gongora 12/31/2014 Commissioner Jerry Libbin 12/31/2013 Commissioner Ed Tobin 12/31/2014 Commissioner Deede Weithorn Term Ends: Appointed by: Term Limit: 12/31/2013 Mayor Matti Herrera Bower 12/31/20 Applicants Position/Title Page 6 of 59 616 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 <11 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 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: Antonieta Stohl Name Last Name Position/Title 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 12131/17 Joy Malakoff At-Large 12/31/2014 City Commission 12131/16 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 Position/Title Applicants Anthony Atala Brian Ehrlich Gabriel Paez Guy Simani Jonathan Beloff Position/Title Alexander Annunziato Avi Ciment Dov Konetz Gary Twist Jessica Conn """"""""""'"''"""""''"''"'''"''' Monday, April 01, 2013 617 Board and Committees Current Members Josh Gimelstein Micky Ross Steinberg Robert Newman Scott Needelman 01,2013 Michael Bernstein Muayad Abbas Roberta Gould 618 Page 8 of 59 and Committees Current Members 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/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: Kathie Brooks Name Last Name Antonio Hernandez Sr. David Lancz Dushan Koller Jack Benveniste Jacqueline Lalonde John Gardiner Laurence Herrup Marc Gidney Stephen Hertz Applicants David Richardson Eric Lawrence Gregory Carney John Bowes Lisa Ware Oliver Oberhauser Rima Gerhard Monday, April 01, 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 12/31116 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 619 Position/Title Page 9 of 59 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/cityclerkjscroll.aspx?=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CI1Y 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 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Brian Ehrlich (C3) Developer 12/31/2013 City Commission 12131/14 Cheryl Jacobs (C4) At-large 12/31/2014 City Commission 12/31/18 Christina Cuervo (C5) DeveloperTL 12/31/13 12/31/2013 City Commission 12/31/13 Dwight Kraai (2) Engineer TL 12/31/13 12/31/2014 City Commission 12/31/13 Elizabeth Camargo (C2) Architect TL 12/31/13 12/31/2013 City Commission 12/31/13 Monday, 2013 Page 10 of 59 620 Committees Robert Saul Stacy Tony Applicants Rabinowitz Gross Kilroy Trujillo Annsheila Turkel Christian Folland Dominique Bailleul Harold Foster Jacobs Jacobs Josh Gimelstein Rima Gerhard Monday, April 01, 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 Anthony Atala Daniel Manichello Gerhard Rima lvette Isabel Borrello James Lloyd Michael laas 621 Position/Title Page 11 12/31/17 12/31/15 12/31/13 12/31/16 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: Dr. Leslie Rosenfeld Appointments To Be Made: Tiffany Heckler 12/31/2012 Commissioner Michael Gongora 12/31/18 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Beverly Heller 12/31/2014 lvette I sa bel Borrello 12/31/2013 Karen Rivo 12131/2013 Kay Coulter TL 12/31/13 12/3112013 Keren Bajaroff 12131/2014 Sheila Duffy-Lehrman 12/31/2014 Christy Farhat Dr. Leslie Rosenfeld Elisa Leone Heidi Tandy I vette Bi rba Jill Swartz Lisa Simon Matti Herrera-Bower Rebeka Cohen Sofia Emuriel Vacant Applicants Monday, April 01, Rep. of the PTA Sout Pointe Elementary -6/30/13 ACM/City Manager designee 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 Rep. PTA for Ruth K. Broad Elementary -6/30/13 City Commission designee Rep. of the PTA North Beach Elem. School-6/30/13 Rep. of PTA for Treasure Island Elem. 06/30/13 City Commission designee Position/Title Applicants 622 Mayor Matti Herrera Bower 12/31/16 Commissioner Jonah M. Wolfson 12/31/17 Commissioner Deede Weithorn 12/31/15 Commissioner Jerry Libbin 12/31/13 Commissioner Ed Tobin 12/31/15 Commissioner Jorge Exposito 12/31/17 Position/Title Board and Committees Aida EI-Matari Elaine Litvak Judith Berson-Levinson Laura Cullen Loren Pearson Marina Aviles Mia Glick Monday, April 01, 2013 David Crystal Jill Swartz Kathleen Kowall Laurie Kaye Davis Maria Cifuentes Marrero Marjorie York Robert Fairless 623 Page 13 of 59 Committees Homeless Sec. 2-161 Composition: The committee shall consist of nine (9) members, three (3) to appointed by Mayor and each Commissioner to appoint one (1). 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 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 Rocio Sullivan Rosemarie Murillo Likens Monday, April 01, 2013 Position/Title TL 12/31/13 Position/Title Term Limit: 12/31/2013 Mayor Matti Herrera Bower 12/31/19 12/31/2013 Mayor Matti Herrera Bower 12/31/19 12131/2013 Mayor Matti Herrera Bower 12/31/14 12/31/2014 Commissioner Ed Tobin 12/31/16 12/31/2013 Commissioner Jorge Exposito 12/31/17 12/31/2014 Commissioner Jonah M. Wolfson 12/31/13 12131/2014 Commissioner Jerry Libbin 12/31/2014 Commissioner Michael Gongora 12/31/2013 Commissioner Deede Weithorn Applicants "' •···················· Eda Valero-Figueira Helen Swartz Leah Rey Melissa Mokha Muayad Abbas Rosalie Pincus Stephanie Berman 624 Position/Title Page 12/31/16 12131/19 12/31/17 Board and Committees Current Members Community Development Advisory Committee Composition: Committee shall be composed of fourteen (14) members. The Mayor and City Commissioners shall each make two (2) direct appointments. Sec. 2-190.110 The fourteen (14) direct appointees shall fulfill the city affiliation requirement in either of the following ways: 1) At least seven (7) appointees shall either be: (a) Miami Beach residents, for a minimum of six (6) months, in non-target areas or (b) either city residents, or non-residents, who hold a leadership position in organizations that provide community development services to low and/or moderate-income people or neighborhoods, preferably within the city, provided, however, the organization that the appointee holds such position in cannot be a current or future recepient of city CDBG or HOME funds. 2) The remaining appointees shall either be: a) A resident or a locally desginated community development target area for a miminum of six (6) months; or, b) Demonstrate ownership/interest for a minimum of six (6) months in a business established in a locally designated community development target area for a minimum of six (6) months. City Liaison: Brian Gillis Vacancy: Name Adam Andrew Christina Dona Dorian Harvey James Karen Marina Mark Michael Zachary Applicants To replace Rachel Umlas to replace Josh Gimelstein Last Name Greenberg Fuller LaBuzetta Zemo Nicholson Burstein Weingarten Fryd Aviles Hayes Bernstein Cohen Position/Title Position/Title Alejandro Dominguez Bruce Klaiber Derrek Steele Jean Fils Jeffrey Graff Kay Coulter Michael Rotbart 12/31/2014 Commissioner Jorge Exposito 12/31/2013 Commissioner Michael Gongora 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 12/31/2014 Mayor Matti Herrera Bower 12/31/17 12/31/2014 Commissioner Deede Weithorn 12/31/20 12/31/2013 Commissioner Ed Tobin 12/31/14 12/31/2014 Commissioner Ed Tobin 12131/18 12/31/2013 Mayor Matti Herrera Bower 12/31117 12131/2013 Commissioner Jorge Exposito 12/31/20 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 12/31/2014 Commissioner Jerry Libbin 12131/2013 Commissioner Michael Gongora Arian Adorno Christina Nicodemou Dr. Barry Ragone Jeffrey Feldman Juan Rojas Mark Wohl Russell Hartstein 625 Position/Title 12/31/16 12131/19 and Committees Steve Berke Monday, April 01, 626 Board Committees Current Members 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 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Adam Kravitz Andres As ion 12131/2013 12131/2014 Commissioner Jonah M. Wolfson 12131/19 Kathie G. Brooks, Int. City 12/31/20 Manager Barbara Montero 12/31/2014 12131/2013 Commissioner Jorge Exposito 12/31/15 Commissioner Deede Weithorn 12/31/13 Brad Fleet Darin Feldman Debra Schwartz Laurie Kaye Davis Rabbi Solomon Schiff TL 12/31/13 TL 12131/13 12/31/2013 Kathie G. Brooks, Int. City Manager 12131/2014 Commissioner Ed Tobin 12/31/2014 Kathie G. Brooks, Int. City Manager Mayor Matti Herrera Bower 12/31/19 12/31/15 12/31113 12/31115 Robert Sena 12/3112013 12/31/2013 12/31/2014 Commissioner Michael Gongora 12/31/19 Seth Feuer Lisa Ware Maria Ruiz Marjorie York Patty Hernandez Applicants Claudia Moncarz David Alschuler Derrek Steele Irene Valines Jacobo Epelbaum ex-officio Police Chief Designee ex-officio of Police Citizens Relations Committee ex-officio of Miami-Dade Comm. Relation Board ex-officio of the Committee on the Homeless ex-officio Director of the Bureau Childrens Affair ex-officio of MB Commission for Women ex-officio of Hispanic Affairs Committee Position/Title Applicants Dale Gratz David Crystal Eliane Soffer Ivan Rusilko Jean Fils 627 Commissioner Jerry Libbin 12/31/20 Position/Title Lori Gold Mark Balzli Peter Vallis Troy Fabien Monday, April 01, 2013 Luis Herrera Mia Glick Sofia Emuriel 628 Page 18 of 59 and Committees Current Members Sec. 2-46 Composition: The board shall consist of seven (7) voting members. The Mayor and each Commissioner shall make one (1) direct appointment. 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 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: lips 12/31/2014 Commissioner Jorge Exposito 12/31/19 Alan Elizabeth Joshua Leon Roger Stuart Tim Resnick 12/31/2013 Commissioner Jonah M. Wolfson 12/31!20 Bob Balsam Wallack Manne TL 12/31113 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 1213112014 Commissioner Michael Gongora 12/31/2013 Mayor Matti Herrera Bower 12/3112013 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 Wohl Michael Steffens Rocio Sullivan Monday, 01, 2013 Position/Title Applicants Position/Title """"""""""""""""""""" Barbara (Bunny) Patchen Eric Lawrence Gayle Durham Liliam Lopez Michael Rotbart Robert Newman Page 19 of 59 629 12/31/19 12/31113 12/31/16 12/31/15 12/31/17 Board and Committees oaxm€~nt 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: Name Anthony Antonio Darius Dr. Ronald Joseph Applicants To replace Stephen Zack To replace Melvyn Schlesser Last Name Broad Hernandez Jr. Asly Shane Hagen Position/Title Position/Title Brian Richard Lance Richardson Zachary Cohen 12/31/2014 Mayor Matti Herrera Bower 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 Applicants Position/Title John Bowes Michael Perlmutter 630 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/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: Thomas Mooney Name Carol Jason Leslie Lilia Manuel Marilys Seraj Gary Held Richard Lorber Vacant Monday, April Last Name Position/Title Hausen At-large Hagopian Registered Architect Tobin Registered Architect Medina Urban Planner Minagori At-large Nepomechie Architect Saba Lands. Arch. TL 12/31/13 advisory/City Attorney Designee advisory/Acting Planning Director ex-officio/Disability Access Committee Term Ends: 12/31/2014 12/31/2013 12/31/2013 12/31/2014 12/31/2013 12/31/2014 12/31/2013 631 Appointed by: City Commission City Commission City Commission City Commission City Commission City Commission City Commission Term Limit: 12131/16 12/31115 12131/16 12/31/15 12/31/17 12/31/17 12/31/13 Applicants Alexander Annunziato Brian Ehrlich Elizabeth Camargo Francis Steffens Jean-Francais Lejeune Jessica Conn Ryan Homan Terry Bienstock Monday, April Position/Title Applicants Andres Asion Cyn Zarco Elsa Urquiza Gary Twist Jeffrey Cohen John Stuart Seth Wasserman 632 Position/Title Page22 of 59 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 2-31(0) to increase the number of members from seven(7) to fourteen (14) and amended the quorum requirement City Liaison: Jay Fink Name Andrea Lisa Barbara David David Dr. Susan Helen Lawrence Lee Russell Sabrina Susana Wendy To replace Andrew Feuerstein To replace John Bennet Last Name Travaglia Go!linsky McCauley New Solman Swartz Fuller Weiss Hartstein Cohen Maroder-Rivera Unger Position/Title TL 12/31/13 Monday, April 01, 2013 12/31/2014 Commissioner Jerry libbin 12/31/2013 Commissioner Jonah M. Wolfson 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 Michael Gongora 12/31/20 12131/2014 Commissioner Deede Weithorn 12/31/15 12/31/2013 Commissioner Deede Weithorn 12/31/19 12/31/2013 Commissioner Michael Gongora 12/31/18 12131/2013 Commissioner Jerry Libbin 12/31/13 12/31/2014 Commissioner Jonah M. Wolfson 12/31/19 12/3112013 Mayor Matti Herrera Bower 12131/19 12/31/2014 Commissioner Ed Tobin 12/31117 12/31/2013 Commissioner Jorge Exposito 12/31/19 12/31/2014 Mayor Matti Herrera Bower 12/31/16 633 Applicants Ann Thomas Rabbi Solomon Schiff Monday, Committees Current Members Ex-officio member Position/Title Applicants Britta Hanson Rafael Trevino 634 Position/Title "" Page24 of 59 Board and Committees Current Members 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 Name Last Name Position/Title 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 Position/Title Allan Hall Beverly Heller Caroline Cardenas David Lombardi Dina Dissen Elizabeth Resnick Flavia Lowenstein-Eiortegui Francis Trullenque James Weingarten Jeffrey Feldman Josephine Pampanas Marjorie O'Neill-Butler Mia Glick Nicole Doswell Seth Feuer Monday, 12/31/2012 Commissioner Michael Gongora 12/31/17 Term Ends: Appointed Term Limit: 12/31/2013 Commissioner Jorge Exposito 12/31/19 12/31/2013 Commissioner Michael Gongora 12/31/20 12/31/2013 Mayor Matti Herrera Bower 12/31/15 12/31/2014 Commissioner Jerry Libbin 12/31/18 12131/2014 Commissioner Jorge Exposito 12/31/17 12/31/2013 Commissioner Jerry Libbin 12/31/16 12/31/2013 Commissioner Deede Weithorn 12/31/20 12/31/2013 Commissioner Ed Tobin 12/31/15 12/31/2014 Mayor Matti Herrera Bower 12/31/17 12/31/2014 Commissioner Ed Tobin 12/31/20 12/31/2014 Commissioner Jonah M. Wolfson 12/31/15 12131/2014 Commissioner Deede Weithorn 12/31/15 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 Applicants Ana Kasdin Bradley Ugent Dale Stine David McCauley Dorian Nicholson Emma DeAibear Francinelee Hand Gregory Carney Janda Wetherington Jenna Ward Liliam Lopez Merri Mann Nelida Barrios Patti Hernandez Zahara Mossman 635 Position/Title Page 25 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 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Billy Kemp 12/31/2014 Mayor Matti Herrera Bower 12/31/16 Chad Richter 12/31/2014 Commissioner Ed Tobin 12/31/16 Cindy Brown 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 Dale Stine 12/31/2014 Commissioner Michael Gongora 12/31/17 Daniel Spring 12/31/2013 Commissioner Jorge Exposito 12/31/16 Edison Farrow 12/31/2013 Commissioner Jerry Libbin 12/31/16 Ivan Cano 12/31/2014 Commissioner Jonah M. Wolfson 12/31/17 Jorge Rich a 12/31/2013 Mayor Matti Herrera Bower 12/31/17 Karen Brown 12/31/2013 Mayor Matti Herrera Bower 12/31/17 Laura Veilia 12/31/2014 Commissioner Jorge Exposito 12/31/16 Marivi Iglesias 12/31/2013 Commissioner Deede Weithorn 12/31/18 Michael Bath 12/31/2014 Commissioner Jerry Libbin 12/31/17 Nelida Barrios 12/31/2014 Commissioner Deede Weithorn 12/31/16 Thomas Barker 12/31/2013 Commissioner Michael Gongora 12/31/16 Willis "Chip" Arndt Jr. 12131/2013 Commissioner Ed Tobin 12/31/16 Applicants Position/Title Applicants Position/Title Brian Richard Christopher Amisano Dorian Nicholson Elizabeth Schwartz Ivana Vento Michael Andrews Rafael Trevino Rebecca Boyce Richard Murry Silvia Ros Sleven Adkins Walker Burttschell 636 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: To replace Gregory Carney 12/31/2014 Commissioner Michael Gongora Name Jeff Jeffrey Jenifer John Joseph Michael Kevin Smith Applicants Daniel Novela Mitchell Korus Zachary Cohen Monday, Last Name Position/Title Term Ends: Blumenthal 12/31/2014 Cohen 12/31/2013 Caplan 12/31/2013 Barker 12/31/2014 Conway 12131/2013 Piazza 12/31/2014 President for Women's Golf Assoc. MB Golf Assoc. President of the MB Golf Club Members Assoc. President, Normandy Shore's Men's Golf Assoc. President, Normandy Shore's Women's Golf Assoc. ex-officio, designee of the City Manager Position/Title Jane Hayes Robert Sena 637 Appointed by: Term Limit: Commissioner Deede Weithorn 12/31/15 Commissioner Jerry Libbin 12/31/16 Commissioner Jorge Exposito 12/31/17 Commissioner Ed Tobin 12/31/15 Mayor Matti Herrera Bower 12/31/18 Commissioner Jonah M. Wolfson 12/31/17 Position/Title Page 17 of 59 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 /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: Sonia Bridges Vacancy: To replace Jacobs Health Provider 12/31/2013 City Commission Baruch MD Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Anthony Japour ACLF 12/31/2014 City Commission 12/31/16 Dr. Andrew Nullman Physician 12/31/2014 City Commission 12/31/14 Dr. Jay Rein berg Physician 12/31/2014 City Commission 12/31/16 Dr. Stacey Kruger Physician 12/3112014 City Commission 12/31116 Harold Foster Privae Individual 12/31/2013 City Commission 12/31/15 Rachel Schuster ACLF 12/31/2014 City Commission 12/31/16 Shaheen Wirk Private Individual 12/31/2013 City Commission 12/31/15 Steven Sonenreich CEO/Mt. Slnai/MH (NTL) 12131/2014 City Commission Tobi Ash Nursing Profession 12/31/2013 City Commission 12/31/15 Monday, April 01, 2013 638 and Committees Todd Narson CEO MB Community Health 12131/2014 City Commission Julie Zaharatos Maria Ruiz Caroline Cardenas Jared Plitt Lisa Ware Rep. from the Health Council of South Fla ex-officio, Director of Children's Affairs Applicants Ivan Rusilko Leah Rey Michael Steffens 639 Position/Title Page29 of 59 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 /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: Patricia Walker Name Allison Arthur Marc Mark Sidney Last Name Stone Unger Umlas Sinnreich Goldin Position/Title Attorney Accountant Health Provider Health Provider General Business vacant Chairperson, Health Advisory Board Applicants Miguel Antonio Aviles Rosalie Pincus Monday, 2013 Position/Title Term Ends: Appointed by: Term Limit: 6/19/2013 City Commission 6/19/2016 City Commission 6/19/2014 City Commission 6/19/2015 City Commission 6/19/2014 City Commission Applicants Rachel Schuster Shaheen Wirk Position/Title Page30 of 59 640 FS-154-207 FS 154-207 FS-154-207 FS 154-207 FS 154-207 and Committees Current Members 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 Name Last Name Ana Cecilia Velasco Antonio Purrinos Eliane Soffer Francis Trullenque Ida Perea I Luz Rojas Patti Hernandez Applicants Israel Sands Luis Iglesias-Ramirez Regina Suarez 2013 Position/Title Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 Commissioner Michael Gongora 12/31/18 12/31/2014 Commissioner Jonah M. Wolfson 12/31/17 12/31/2014 Commissioner Jorge Exposito 12/31/2013 Commissioner Ed Tobin 12/31/2014 Commissioner Jerry Libbin 12131/2014 Mayor Matti Herrera Bower 12/31/2013 Commissioner Deede Weithorn Applicants Position/Title Luis Herrera Rafael Trevino 31 of 59 641 12/31/17 12/31/15 12/31/16 12/31/19 12/31/15 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 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 So sa MDPL 12/31/2014 City Commission 12/31/15 Ira Giller Reg. Architect 12/31/2013 City Commission 12131/17 Jane Gross Dade Heritage 12/31/2014 City Commission 12/31/16 Josephine Manning At-large 12/31/2014 City Commission 12/31/14 Monday, April 01, 2013 642 Board and Committees Current Members Applicants Albert Mertz Andrew Fischer Elizabeth Camargo Francis Steffens Jean-Francais Lejeune John Stuart Marilys Nepomechie Morris Sunshine Position/Title Applicants Alejandro Dominguez Dona Zemo Elizabeth Pines Guy Simani Jessica Jacobs Josh Gimelstein Marina Novaes Raymond Adrian 643 Position/Title Page of59 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 Name Last Name Emilio DeJesus Fernandez Eugenio Cabreja Michael Band Peter Raymond Applicants Chavelier Adrian Adrian Gonzalez Barbara Gotlinsky Damian Gallo Julio Lora Monday, April 01,2013 Position/Title HA Commissioner HA Commissioner HA Commissioner HA Commissioner HA Commissioner Position/Title Te:rm Ends: Appointed by: Term Limit: 10111/2013 Mayor Matti Herrera Bower 12/31/2016 Mayor Matti Herrera Bower 10/11/2013 Mayor Matti Herrera Bower 10/11/2015 Mayor Matti Herrera Bower 10/11/2014 Mayor Matti Herrera Bower Applicants Allan Hall Christian Folland Gotlinsky Barbara Prakash Kumar Position/Title Page34 of 59 644 10/11/17 12/31/18 10/11/16 10/11/19 1 0/11/18 Board and Committees Current Members Loan Review Committee Sec. 2-166 The committee shall consist of seven (7) voting members whom shall be direct appointments by the Mayor and City Commissioners. The finance director or his/her designee and the city manager or his/her designee shall serve as non- voting ex-officio members A member of the Community Development Advisory Committee (CDAC) shall be designated to serve as a non-voting ex-officio member of the LRC in order to facilitate communications between the LRC and CDAC. City Liaison: Rocio Soto Members: Name Last Name Position/Title Term Ends: Appointed 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 Position/Title Applicants Position/Title """"""··················· Allan Hall Lance Richardson Stephanie Berman 01, 2013 of 59 645 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 Maldonado 12/31/2012 Commissioner Michael Gongora Members: 12/31/17 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Christopher Todd Daniel Kipnis Joel Aberbach Maurice Good beer Sash a Boulanger Stephen Bernstein Michael George ex-officio MB Marine Patrol Applicants Alex Espenkotter Elaine Roden Jonathan Beloff Paul Friedman William Cahill Monday, April 01, 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 Mayor Matti Herrera Bower 12/31/2014 Commissioner Jerry Libbin 12/31/2013 Commissioner Ed Tobin 12/31/2014 Commissioner Deede Weithorn Applicants Christian Folland Jacobo Epelbaum Matthew Paulini Robert Glick 646 Position/Title Page36 of59 12/31/20 12/31/19 12/31/18 12/31/18 Board and Committees Current Members Miami Beach Commission For Women Composition: Twenty-one (21) members. 2007-3570 s 2190- Each of the seven (7) members of the commission shall appoint three (3) members. The chairperson of the Commission on the Status of Women or its designee shall serve as a non- voting ex-officio member of the Community Relations Board. City Liaison: Wanda Geist Vacancy: Name Claudia Debra (Debi) Elsa Francinelee Gertrude Jessica Karen Laura Laura Leslie Maribel Marjorie Mercedes Nikki Regina Regina Roberta Rocio Applicants Britta Hanson To replace Monica Harvey To replace Tiffany Lapciuc To replace Ana Kasdin Last Name Moncarz Quade Orlandini Hand Arfa Conn Edelstein Cullen Bruney Coller Quiala York Carlson Weisburd Suarez Berman Gould Sullivan Position/Tide (TL 12/31/13) (TL 12/31/13) (TL 12/31/13) Position/Title Diana Fontani Martinez Elizabeth Resnick Judith Berson-Levinson Marie Towers Merle Weiss Natalia Datorre Wendy Kallergis Monday, 12/31/2014 Commissioner Jonah M. Wolfson 12/31/2013 Commissioner Deede Weithorn 12/31/2013 Commissioner Ed Tobin Term Ends: Appointed by: Term Limit: 12/31/2014 Mayor Matti Herrera Bower 12/31/17 12/31/2013 Commissioner Jerry Libbin 12/31/19 12/31/2013 Commissioner Jonah M. Wolfson 12/31/13 12/31/2013 Commissioner Jerry Libbin 12/31/16 12/31/2014 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 12/31115 12/31/2014 Commissioner Michael Gongora 12/31/17 12/31/2014 Mayor Matti Herrera Bower 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 Jennifer Diaz Maria Begonia Calcerrada Marjorie O'Neill-Butler Molly Leis Rebecca Boyce Page 37 of 59 647 Board and Committees Current Members Miami Beach Cultural Council Sec. 2·51 Composition: Three (3) years term. Vacancies submitted by slate of candidates provided by the council. Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission. 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 /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: Gary Farmer Vacancy: To replace Ileana Bravo-Gordon Name Last Name Beatrice Hornstein Charles Million Daniel Novel a 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 Monday, April 01, 2013 Position/Title TL 12/31/13 TL 12/31113 Position/Title 12/31/2015 City Commission Term Ends: Appointed by: Term Limit: 12/31/2015 City Commission 12/31/15 12/31/2013 City Commission 12/31117 12/31/2015 City Commission 12/31/15 12/31/2014 City Commission 12/:31114 12/31/2014 City Commission 12131/15 12/31/2013 City Commission 12131113 12/31/2015 City Commission 12/31/15 1213112013 City Commission 12/31/17 12/31/2013 City Commission 12/31/13 12/31/2014 City Commission 12/31/14 Applicants Antoinette Zel Calvin Kohli Position/Title Cyn Zarco Eugenio Cabreja Janda Wetherington Jean Fils Karlene Mcleod 648 and Committees Maria Cifuentes Marrero Mark Balzli Molly Leis Monica Minagorri Nicole Doswell Patti Hernandez Steve Berke Monday, Mark Alhadeff Michael McManus Monica Harvey Nathaniel Korn Oliver Oberhauser Robert Newman Tamra Sheffman 649 39 of 59 Board and Committees Current Members Miami 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 Ugen! Carlos J Ortuno Dr. Barry Ragone Elizabeth Schwartz Monica Harvey Rachel Umlas Rafael Trevino Walker Burt!schell William Warren Jr. Applicants Andrea Lisa Travaglia Dr. Andrew Nullman Lori Gold Prakash Kumar Monday, April 01, 2013 Position/Title Law Position/Title 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 Christopher Amisano Ivana Vento Position/Title Luis Herrera Page40 of 59 650 12/31/16 12/31/18 12/31/16 12/31/16 12/31116 12131/18 12/31/18 12/31/16 12/31/16 12/31/19 Board and Committees Current Members Sec. 2-181 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 Name Last Name Position/Title Term Ends: Appointed by: Annette Fromm other 12/31/2014 Mayor Matti Herrera Bower Bruce Reich Nahariya, Israel TL 12/31/13 12/31/2014 Mayor Matti Herrera Bower Charlotte Libov other 12/31/2014 Mayor Matti Herrera Bower Elaine Roden Basel, Switzerland 12/31/2013 Mayor Matti Herrera Bower Faye Goldin other 12/31/2014 Mayor Matti Herrera Bower Gary Twist Fortaleza Brazil 12/31/2014 Mayor Matti Herrera Bower George Neary other 12/31/2014 Mayor Matti Herrera Bower Ileana Bravo-Gordon Rio de Janeiro, Brazil 12/31/2014 Mayor Matti Herrera Bower Ivan Rusilko other 12/31/2014 Mayor Matti Herrera Bower Jacobo Epelbaum other 12/31/2013 Mayor Matti Herrera Bower Jenna Ward Almonte, Spain 12/31/2013 Mayor Matti Herrera Bower Jennifer Diaz Santa Marta, Colombia 12/31/2014 Mayor Matti Herrera Bower Jessica Londono lea, Peru 12/31/2014 Mayor Matti Herrera Bower Michael McNamee Fujisawa, Japan 12/31/2014 Mayor Matti Herrera Bower Nuccio Nobel Cozumel, Mexico 12/31/2013 Mayor Matti Herrera Bower Ray Breslin Brampton, Canada 12/31/2013 Mayor Matti Herrera Bower Roberto DaTorre other 12131/2013 Mayor Matti Herrera Bower Stephanie Trinidad other 12/31/2014 Mayor Matti Herrera Bower Wendy Kallergis Pescara, Italy 12/31/2013 Mayor Matti Herrera Bower Zeiven Beitchman other 12/31/2014 Mayor Matti Herrera Bower Term Limit: 12/31/19 12/31/13 12/31/20 12/31117 12/31/18 12/31117 12/31/16 12/31/19 12/:'!1120 12/31119 12/31/19 12/31/19 12/31/17 12/31/20 12/31/16 12/31/16 12/31/16 12/31/16 12/31/19 12/31/14 Applicants Position/Title Applicants Position/Title Ada Llerandi Ana Kasdin Ann Thomas Bruce Klaiber Charles Million Claudia Moncarz Darin Feldman Dr. Andrew Nullman Francesco Stipo Gabriel Paez Gregory Carney Israel Sands Ivan Rusilko Josephine Pampanas Luis Giraldo-De Ia hoz Luis Iglesias-Ramirez Marcella Paz Cohen Maria Rodriguez Monday, April 01, 2013 41 651 Board and Committees Current Members Michael Rotbart Rabbi Daniel Sherbill Tamra Sheffman Michael Tichacek Raymond Adrian Walter Lucero 652 Page 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 MEffiNGS 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 Name John Mark Ronald Applicants Last Name Bowes Wojak Loring Andrew Fuller Jonathan Porcelli Miguel Antonio Aviles Sofia Emuriel ' """'""""" """ ""'""""'"'"'"""""'" '" Monday, April 01, 2013 Position/Title Position/Title Term Ends: Appointed by: 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Term Limit: 12/31/18 12/31/18 12/31/14 Applicants Position/Title ············································ David Alschuler Marie Towers Monica Minagorri Tegan Eve 653 Page43 of 59 Committees Parks and Recreational Facilities Board Composition: The board shall be comprised of ten (10) members. Members Sec. 2-171 Seven (7) direct appointments made by the mayor and each commissioner. The chairperson of the following boards/committees or their designees shall serve as nonvoting ex- officio members of the Parks and Recreational Facilities Board: 1) Beautification Committee, 2) Golf Advisory Committee, and 3) Youth Center Advisory Board (See Beach Preservation, ex-officio member.) Members of the board 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: Name Amy Harriet Jonathan Leslie Meryl To replace Jeffrey Forster To replace Lizette Lopez Last Name Rabin Halpryn Groff Graff Wolfson Position/Title (TL 12./31/13) TL 12/31/13 12/31/2013 Commissioner Michael Gongora 12/31/2013 Commissioner Jerry Libbin Term Ends: Term Limit: 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 Weithom 12/31/17 12/31/2014 Commissioner Ed Tobin 12/31/15 12/31/2013 Commissioner Jorge Exposito 12/31/13 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 Mark Balzli Miguel Antonio Aviles Moni Cohen Peter Vallis Monday, April 01, 2013 Position/Title ···~~-~······ Applicants Christina Nicodemou Dolores Hirsh George Castillo Jason Witrock Maria Rodriguez Michael Steffens Mojdeh Khaghan Paul Stein Walter Lucero 654 Position/Title Page44 of 59 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/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 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: Carla Gomez Vacancy: Members: Name Gabriel Mojdeh Rosalie Christopher Diaz Evette Phillips George Castell Vacant Applicants Elsa Orlandini Harold Foster Lori Gold To replace David Richardson To replace David (TL 12/31/2012) Alschuler To replace Michael (TL 12/31/2012) Perlmuter 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission Last Name Position/Title Term Ends: Appointed by: Paez Khaghan Pincus 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 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2013 City Commission Term Limit: 12/31/15 12/31/16 12/31/15 Position/Title Applicants Position/Title """"""""'""'""""""""'" Gail Harris Laurie Kaye Davis Richard Preira Tuesday, April 02, 2013 Page 45 of 59 655 Board and Committees Current Members Planning Board Sec. 118-51 Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular voting members. The voting members shall have considerable experience in general business, land development, land development practices or land use issues; however, the board 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 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: Katia Hirsh. Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Charles Urstadt General Business 12/31/2013 City Commission 12/31/17 Frank Kruszewski General Business 12/31/2014 City Commission 12/31/18 Henry Stolar Gen. Bus. TL 12/31/13 12/31/2013 City Commission 12/31/13 Jack Johnson Historic Preservation 12/31/2014 City Commission 12/31/18 Jean-Francais Lejeune Architect 12/31/2014 City Commission 12/31/17 Jonathan Beloff Attorney 12/31/2013 City Commission 12/31/15 Robert Wolfarth Developer 12/31/2013 City Commission 12/31/17 Monday, 656 Applicants Albert Mertz Alexander Annunziato Anthony Atala Brian Ehrlich Elizabeth Camargo Gary Twist Jeffrey Cohen Joshua Wallack Marina Novaes Mario Courtney Noah Fox Ryan Homan Monday, April 01, 2013 Position/Title Applicants omo00oooooooooooooooooooooooooooooo•••••••••••••••••••••••••••••••••••••••••••••••••• Alex Espenkotter Andres Asian Avi Ciment Dominique Bailleul Francis Steffens Guy Simani Jessica Conn Joy Malakoff Mark Alhadeff Muayad Abbas Robert Sena 657 Position/Title Page47 of 59 Board 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: Name Beverly Claire Dina Gianluca Glenda Hope Jared Jonathan Michael Mitchell Nelson Steven Walter Alex Bello R. Martinez Steve Rothstein Monday, 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 12/31/2014 Commissioner Michael Gongora Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Jorge Exposito 12/31/13 12131/2013 Mayor Matti Herrera Bower 12/31/18 12/3112014 Commissioner Jerry Libbin 12131/14 12131/2014 Commissioner Jorge Exposito 12/31/18 12131/2014 Commissioner Ed Tobin 12/31/15 12/31/2013 Commissioner Jerry Libbin 12131/16 12131/2013 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 12/31/19 658 Committees 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 Monday, April 01, 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 659 Position/Title Page49 of 59 and Committees Current Members Production Industry 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 Gal but Production Members: Name Last Name Position/Tide Albert Mertz Recording Industry Allee New hoff Fashion (TL 12131/13) Belkys Nerey Production Bruce Orosz Fashion Ivan Parron News Media Noreen Legault-Mendoza TV/Film Applicants Christina Nicodemou Karlene Mcleod Natalia Datorre 2013 Position/Title 12/31/2014 Mayor Matti Herrera Bower 12131/2013 Commissioner Jerry Libbin 12/31/20 12/31/2014 Commissioner Jorge Exposito 12/31/13 12/31/2013 Commissioner Deede Weilhorn 12/31/18 12131/2014 Commissioner Ed Tobin 12/31115 12131/2014 Commissioner Michael Gongora 12/31/16 12/31/2013 Commissioner Jonah M. Wolfson 12/31/17 Applicants Irene Valines Lisa Ware Paul Friedman 660 Position/Title Page 50 of 59 Sec. 2-176 Composition: Committee consists of fourteen (14) members who shall 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 Name Alfredo Barbara Calvin Irene Jane Jason Jeannette Jeff Jerry Marcella Michelle Oren Applicants Jonathan Parker To replace Joel Aberbach To replace Baruch Sandhaus Last Name Position/Title Rey Gillman (TL 12/31/13) Kohli Valines Hayes Witrock Egozi Gordon Marsch (TL 12/31/13) Paz Cohen Green Lieber Position/Title Michael Perlmutter Michelle Green Robert Blumenthal William Cahill 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Commissioner Jorge Exposito Te:rm 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 1213112014 Commissioner Jorge Exposito 12/31/19 12131/2013 Commissioner Michael Gongora 12/31117 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Mayor Matti Herrera Bower 12/31/13 12/31/2013 Commissioner Deede Weithorn 12/31/16 12/3112013 Commissioner Michael Gongora 12131/19 12/31/2014 Commissioner Ed Tobin 12/31/14 Applicants Position/Title Leah Rey Michael Tichacek Orlinda Perez Perez Silvia Rotbart Page of59 661 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) Jimmy Morales, City Manager Jimmy Morales, City Manager Jimmy Morales, City Manager Name Last Name new member Position/Title Term Ends: Appointed by: 12/31/2013 Term Limit: Applicants Oliver Oberhauser Monday, April 01, 2013 Position/Title Applicants Position/Title Page 52 662 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 Name Commissioner David Debra Gabriole Lanette Lily Luiz Mitch Applicants Amy Rabin Last Name Gongora Doebler Leibowitz Van Bryce Sobel Furst Rodrigues Novick Andrea Lisa Travaglia Elizabeth Pines Kimberly Eve Michael Laas Walker Burttschell Position/Title Position/Title 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 12131/2014 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 """"""""""""""""""·············· Amy Tancing Daniel Manichello George Durham Marivi Iglesias Russell Hartstein 663 Position/Title Page 53 of 59 12/31/15 12/31/16 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: To replace Lizette Lopez Name Last Name Carrie Johnson David Berger Dolores Hirsh Gayle Durham Jeffrey Forster Tegan Eve Applicants Kimberly Diehl Marlene Pross Michael Tichacek Stephen Donnelly Vicki Petruzzelli Position/Title Position/Title 12/31/2013 Mayor Matti Herrera Bower Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Deede Weithom 12/31/20 12/31/2013 Com missioner 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 Ronald Starkman Steve Berke 664 Position/Title Page 54 of 59 and Committees Current Members Transportation and Parking Sec. 2-190.91 Composition: Committee shall consist of fourteen (14) members. The Mayor and City Commissioners shall each make one (1) appointment, with the other members of the committee to be composed of members from the following community organizations, each of which must designate a permanent coordinating representative: 1) Miami Beach Chamber of Commerce's Transportation and Parking Committee, 2) Miami Beach Community Development Corporation, 3) Ocean Dr. Association, 4) Miami Design Preservation League, 5) North Beach Development Corporation, 6) Mid-Beach Community Association, 7) Lincoln Rd Marketing, Inc., On an annual basis, the members of the committee shall elect a chairman and such other officers as may be deemed necessary or desirable, who shall serve at the will of the committee. Seven members of the committee shall consist of a quorum of the committee and shall be necessary in order to take any action. The members of the voting committee shall have knowledge of and interest in Transportation and Parking and their impact on the City of Miami Beach. The members of the board shall be officially designated by their respective organization, and letters certifying that designation shall be forwarded to the Miami Beach City Clerk. City Liaison: Saul Frances Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Dr. Corey Narson 12/3112014 Commissioner Jerry Libbin 12/31118 Eric Ostroff 12/31/2014 Commissioner Deede Weithorn 12131/18 J.P. Morgan 12/3112013 Commissioner Michael Gongora 12/31/14 Josephine Pampanas 12/31/2014 Mayor Matti Herrera Bower 12/31/14 Maria Mayer 12/31/2013 Commissioner Ed Tobin 12/31/16 Scott Diffenderfer 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 Seth Wasserman 12/31/2013 Commissioner Jorge Exposito 12131/16 AI Feola Rep. for the Ocean Dr. Imp. Assoc. 12/31/12 Delvin Fruit Rep. for Mid-Beach Community Assoc. -12/31/12 Jo Asmundsson Rep. for MBCDC 12/31/12 Mark Weithorn Rep. for NBDC 12/31/13 vacant Rep. for Lincoln Road Marketing vacant Rep. for MBCC 12/31/12 William "Bill" Hahne Rep. for MDPL12/31/13 Applicants Amy Rabin Daniel Manichello David McCauley Monday, April 01, 2013 Position/Title Applicants Cheryl Jacobs David Alschuler Dorian Nicholson 665 Position/Title and Committees Eleanor Carney Gianluca Fontani Jacobs Jacobs Julio Lora Orlinda Perez Perez Sasha Boulanger 01,2013 Gerhard Rima Ivana Vento Jeffrey Feldman Laure Mckay Rima Gerhard Steven Oppenheimer 666 Page 56 of 59 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. 102-246 The seven (7) members of the authority shall be representative of the community as follows: 1) Not less than two (2) nor more than three (3) members shall be representative of the hotel industry; 2) and the remaining members none of whom shall be representative of the hotel 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 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: Grisette Roque. Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Aaron Perry At-Large 12/31/2014 City Commission 12/31116 Jaqueline Hertz At-large TL 12/31/13 12/31/2013 City Commission 12/31/13 Jeff Lehman Hotel Industry TL 12/31/13 12/31/2013 City Commission 12/31/13 Keith Men in Hotel Industry 12/31/2013 City Commission 12/31/15 Margaret Benua At-Large 12/31/2014 City Commission 12/31/17 (Peggy) Micky Ross Steinberg At-large 12/31/2013 City Commission 12/31115 Steven Adkins At-large 12/31/2014 City Commission 12/31/14 Applicants Position/Title Applicants Position/Title Albert Mertz Antoinette Zel Brian Richard Calvin Kohli Charles Million Christine Taplin Christopher Amisano Christopher Todd Diana Fontani Martinez Dona Zemo Eric Lawrence George Castillo Harold Foster Israel Sands James Lloyd Jeffrey Graff Jennifer Diaz Jonathan Porcelli Joshua Wallack Karen Brown Karlene Mcleod Laure Mckay Natalia Datorre Seth Feuer Steven Gonzalez Zahara Mossman Monday, April 01, 2013 Page 57 of 59 667 and Committees 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 12/31/13 12/31/18 Name Last Name Position/Title Term Ends: Appointed 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 Position/Title Applicants Andrew Fuller Kimberly Eve Silvia Rotbart 668 Position/Title Page 58 of 59 and Committees Current Members Youth Center Advisory Sec. 2-186 Composition: The board shall consist of ten (10) members, seven (7) of whom shall be voting members affiliated with the Scott Rakow Youth Center. Two (2) student resident users of the facility shall serve as non-voting ex-officio members; one (1) of these student users must attend a middle school, and the other must attend a high school. The director of the office of children's affairs shall serve as a non-voting ex-officio member. The chairperson of the Youth Center Advisory Board or his designee shall serve as a non-voting, ex-officio member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and Recreational Facilities Board. City Liaison: Ellen Vargas Vacancy: Name Annette Dana Esther Jeffrey Michael Paul Stephanie Maria Ruiz Applicants Aida EI-Matari Rebecca Diaz Last Name Cannon Turk en Egozi Choukroun Graff Burnstine Stein Rosen Position/Title ex-officio student rep. of a Middle School ex-officio student rep. of a High School ex-officio Dir. of Children's Affairs Position/Title Monday, April 01, Term Ends: Appointed by: Term Limit: """""""""""""""""""' 12/31/2014 Commissioner Ed Tobin 12/31/18 12/31/2013 Commissioner Jorge Exposito 12/31/15 12/31/2014 Commissioner Michael Gongora 12/31/17 12/31/2014 Commissioner Jerry Libbin 12/31/16 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Mayor Matti Herrera Bower 12/31116 12/31/2013 Commissioner Deede Weithorn 12/31/15 Applicants Position/Title Andrea Lisa Travaglia Page 59 of 59 669 y Commission Commit Committee Position First Name Appointed by Finance & Citywide Projects Committee Chairperson Commissioner Deede Weithorn Mayor Bower Vice-Chair Commissioner Jorge Exposito Mayor Bower Member Commissioner Michael Gongora Mayor Bower Alternate Commissioner Jerry Libbin Mayor Bower Liaison Patricia Walker, Chief Financial Off. Land Use & Development Committee Chairperson Commissioner Michael Gongora Mayor Bower Vice-Chair Commissioner Jonah Wolfson Mayor Bower Member Commissioner Jerry Libbin Mayor Bower Alternate Commissioner Ed Tobin Mayor Bower Liaison Richard Lorber, Acting Planning Dir Neighborhood/Community Affairs Committee Chairperson Commissioner Edward L. Tobin Mayor Bower Vice-Chair Commissioner Jerry Libbin Mayor Bower Member Commissioner Jorge Exposito Mayor Bower Alternate Commissioner Jonah Wolfson Mayor Bower Liaison Barbara Hawayek, Building Dept. Thursday, March 28, 2013 Page 1 of 1 670 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 04172013.docx 671 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 M FROM: Jimmy L. Morales, City Manage DATE: April17, 2013 SUBJECT: BOARD AND COMMITTEE APP INTMENTS-CITY COMMISSION APPOINTMENTS ADMINISTRATION RECOMMENDATION Make appointments as indicated. BOARDS AND COMMITTEES 1. Affordable Housing Advisory Committee (2 vacancies) 2. Health Advisory Committee (1 vacancy) 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://miamibeachfl.gov/citvclerk/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. JM/REG F:\CLER\$ALL\a City Cammission\Commission Memo B & C672xil17-13.doc Agenda Item R 9 /l ( Date 4-t1-t3 THIS PAGE INTENTIONALLY LEFT BLANK 673 R9B1 Dr. Stanley Sutnick Forum. (12:30 p.m.) Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.) 674 THIS PAGE INTENTIONALLY LEFT BLANK 675 R9 -New Business and Commission Requests R9C Update On The Miami Beach Convention Center Project (City Manager's Office) 676 Agenda Item R q C. Date L(-17-1) THIS PAGE INTENTIONALLY LEFT BLANK 677 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy L. Morales, City Manager From: Matti Herrera Bower, Mayor Date: March 27, 2013 Re: Commission Agenda Item Please place on the agenda for the April 17, 2013 Commission Meeting a Resolution to Support National Immigration Reform that leads to a Pathway to Citizenship. Should you have any questions, please contact Gabrielle Redfern at Extension 6157. Thank you. MHB/fgr 678 Agenda ltem ............... RL....:.-J-q ..::...De:....-_ Date t[-( 7 -I 3 RESOLUTION TO BE SUBMITTED 679 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy L. Morales, City Manager FROM: Jonah Wolfson, Vice Mayor DATE: March 281h, 2012 SUBJECT: Agenda Item Please place on the April1ih, 2013, Commission Meeting Agenda a discussion item to repeal Sec.74-1, entitled "Soliciting business in public from pedestrians" of the Code of the City of Miami Beach, Florida and/or a referral to the Land Use and Development Committee to discuss said Section 74-1. If you have any questions, please contact Leonor Hernandez at extension 6437. JW/Ih 680 ,) , Agenda Item R q E Date lf--t1-13 THIS PAGE INTENTIONALLY LEFT BLANK 681 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Jonah Wolfson, Vice Mayor Date: April 2nd, 2013 Re: Commission Agenda Discussion Item Please place on the April 171h, 2013, Commission Agenda an item to discuss a resolution requiring the two short listed proposer firms being disqualified if they do not submit the required affidavits on or before May 1st, 2013, for the Convention Center RFQ. Should you have any questions, please contact Leonor Hernandez at Extension 6437. JW:Ih Agenda Item R q Date V-11~13 682 THIS PAGE INTENTIONALLY LEFT BLANK 683 ·· .. :J ..... ::-~ OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Mr. Jimmy Morales, City Manager Mr. Rafael Granado, City Clerk Commissioner Deede Weithorn April 9, 2013 Discussion Item: Actuarial Valuation Reports MEMORANDUM " As per my email of Friday, March 22, 2013 to then Interim City Manager Kathie Brool<s, please include on the agenda for the City Commission meeting of April 17, 2013 a public discussion of the Actuarial Valuation Reports for the City's two pension plans, the Miami Beach Employees Plan, and the City Pension Fund for Firefighters and Police Officers. I would also like to suggest that the Commission continue this disc~ssion during Executive Session to establish direction on the issue. Please do not hesitate to contact my office at extension 7105 with any questions and/or concerns. Thank you,, Deede Weithorn, Commissioner City of Miami Beach Wa crw commillod /o excel/en/ lo oil who live, wotk, ond in our vibt Agenda Item G- Date Y-11-1 3 684 Andy Kessler: The Pension Rate-of-Return Fantasy-WSJ.com Page 1 of3 Is Another Bear Market Around the Corner? If you have a $500,000 portfolio, you should download the latest report by Forbes columnist Ken Fisher's firm. II tells you where we think the stock market is headed and why. This must-read report includes our latest stock market forecast, plus research and analysis you can use in your portfolio right now. ,_. Click Here to Download OPINION Updated April 9, 2013, 7:21 p.m. ET Pension Counting on when Treaswy bonds are That's going to cost lcupayers billions. ByANDY KESSLER It has been said that an actuary is someone who really wanted to be an accountant but didn't have the personality for it. See who's laughing now. Things are starting to get very interesting, actuaria11y -speaking. Federal bankruptcy judge Christopher Klein ruled on April1 that Stockton, Calif., can bankruptcy via Chapter 9 (Chapter u's ugly cousin). The ruling may start the actuarial dominoes falling across the country, because Stockton's predicament stems from financial assumptions that are hardly restricted to one improvident California municipality. Stockton may expose the little-known but biggest lie in global finance: pension funds' expected rate of return. It turns out that the California Public Employees' Retirement System, or Calpers, is Stockton's largest creditor and is owed some $goo million. But in the likelihood that U.S. bankruptcy law trumps California pension law, Calpers might not ever be fully repaid. So what? Calpers has $255 billion in assets to cover present and future pension obligations for its 1.6 million members. Yes, but ... in March, Calpers Chief Actuary Alan Milligan published a report suggesting that various state employee and school pension funds are only 62%- 68% funded 10 years out and only 79%-86% funded 30 years out. Mr. Milligan then proposed-and Calpers approved-raising state employer contributions to the pension fund by so% over the next six years to return to full funding. That is money these towns and school systems don't really have. Even with the fee raise, the goal of being fully funded is wishful thinking. Pension math is more art than science. Actuaries guess, er, compute how much money is needed today based on life expectancies of retirees as well as the expected investment return on the pension portfolio. Shortfalls, or "underfunded pension liabilities," need to be made up by employers or, in the case California, taxpayers. http://online.wsj.com/article/SB1000142412788~68500904578403213835796062.html 04/10/2013 Andy Kessler: The Pension Rate-of-Return Fantasy -WSJ.com In June of 2012, Calpers lowered the expected rate of return on its portfolio to 7.5% from 7.75%. Mr. Milligan suggested 7.25%. Calpers had last dropped the rate in 2004, from 8.25%. But even the 7.5% return is fiction. Wall Street would laugh if the matter weren't so serious. And the trouble is not just in California. Public-pension funds Illinois use an average of 8.18% expected returns. According to the actuarial Millman, the 100 top U.S. public companies with 2 of3 defined benefit pension assets of $1.3 trillion have an average expected rate of return of 7.5%. Three ofthem are over 9%. (Since 2000, these assets have 5.6%.) Who wouldn't want 7.5%-8% returns these days? Ten-year U.S. Treasury bonds are paying 1.74%. There is almost zero probability that Calpers will earn 7.5% on $255 billion anytime soon. The right number is probably 3%. income has negative real rates right now will a drag on returns. The math is not this easy, but in general, the expected return for equities is the inflation rate productivity improvements plus the expansion of the price/ earnings multiple. For the past 30 years, an 8.5% expected return was reasonable, given +3%-4% inflation, +2% productivity, and +3% multiple expansion as interest rates plummeted. But in our new environment, inflation is +2%, productivity is +2% and given that interest rates are zero, multiple expansion should be, and I'm being generous, -1%. So what to do? I recall a conversation from 20 years ago. I was hoping to into the money- management business at . I wanted to ramp up its venture-capital investing in Silicon Valley, but I was waved away. It was explained to me that investors wanted instead to put billions into private equity. One of the firm's big clients, General Motors, had a huge problem. Its pension shortfall rose from $14 billion in 1992 to $22-4 billion in 1993. The company had to put up assets. Instead, Morgan Stanley suggested that it only had an actuarial problem. Pension money invested for an 8% return, the going expected rate at the time, would grow 10 times over the next 30 years. But money invested in "alternative assets" like private equity (and venture capital) would see expected returns of 14%-16%. At 16%, capital would grow 85 times over 30 years. Woo-hoo: problem solved. With the stroke of a pen and no new money from corporate, the GM pension could be fully funded- actuarially anyway. Things didn't go as planned. The fund put up $170 million in equity and borrowed another $505 million and invested in-I'm not kidding-a northern Missouri farm raising genetically engineered pigs. Meatier pork chops for all! Everything went wrong. In May 1996, the defaulted on $412 million in junk debt. In a perhaps related event, General Motors entered 2012 with its global pension plans underfunded by $25.4 billion. In other words, you can't wish this stuff away. Over time, returns are going to be subpar and the contributions demanded from cities across California companies across America are going to go up and more dominoes are going to fall. San Bernardino and seven other California cities may also be headed to Chapter 9. The more Chapter 9 filings, the money Calpers receives, the more strain on the fictional expected rate of return until the boiler bursts. In the long run, defined-contribution plans that most corporations have embraced will also be adopted by local and state governments. Meanwhile, though, all the knobs and levers that can be pulled to delay Armageddon have already been used. California, through Prop 30, has tapped top 1% of taxpayers. State employers are facing so% contribution increases. Private equity has shuffled all the mattress rental-car companies it can. Buying out Dell is the most exciting thing http://online.wsj.com/article/SB1000142412788768600904578403213835796062.html 04/10/2013 Andy Kessler: The Page 3 of3 they can come up with. Expected rates of return on pension portfolios are going down, not up. Even Facebook millionaires won't up the shortfall. Sadly, the only thing left is to cut retiree payouts, something Judge Klein has left open. There are 12,338 retired California government workers receiving $100,000 or more in pension payments from Calpers. Michael D. Johnson, a retiree from the County of Solano, pulls in $30,920.24 per month. As more municipalities file Chapter 9, the more these kinds of retirement deals will be broken. When Wisconsin public employees protested the state government's move to rein in pensions in 2011, the demonstrations got ugly-but that was just a hint of the torches and pitchforks likely to come. Meanwhile, it's business as usual. California Gov. Jerry Brown released a state budget suggesting a $29 million surplus for the fiscal year ending June 2013 and $1 billion in the next fiscal year. Actuarially anyway. Or as Utah Jason Chaffetz told Vermont Gov. Peter Shumlin, upon learning at a 2011 House hearing about that state's unrealistic pension assumptions: "If someone told me they expected to get an 8% to 8.5% return, I'd say they were probably smoking those maple leaves." Mr. Kessler, a former hedge-fund manager, is the author most recently of "Eat People" (Portfolio, 2011). u.s. Street Copyright 2012 Dow Jones & Company, Inc. All Rights Reserved This copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit www djreprinls .. com http://online.wsj.com/article/SB1000142412788768700904578403213835796062.html 04/10/2013 R10 CITY ATTORNEY REPORTS MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bo~~ "',/"'' er} of the City Commission "/ FROM: Jose Smith, City Att DATE: April17, 2013 SUBJECT: City Attorney's Status Report LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT 1. John Guarino v. Lanzo Construction Company. 125 SE 5th Court, Deerfield Beach, FL 33441-47449 & City of Miami Beach Case No. 13-03253 SP 25 (County Court for Miami-Dade County, Florida) This is a small claims matter, involving minor damage to a vehicle operated by John Guarino (the "Plaintiff'). The Plaintiff has identified the City of Miami Beach, and the City's contractor, Lanzo Construction Company, which is responsible for this matter. The Plaintiff alleged that the condition of the roadway damaged his vehicle. The allegations against the City of Miami Beach are without merit, and the City Attorney's Office anticipates that Lanzo Construction Company will indemnify, hold harmless and assert a defense on behalf of the City of Miami Beach. 2. Dexi Marvez vs. Michael Stern. 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 1015 19th Street, Unit 3, Miami Beach, Florida. The Summons and Complaint were served on the City on February 27, 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 March 5, 2013. 3. U.S. Bank National Association vs. Jorge Rodriguez, et al., Case No. 12-8179 CA 15 (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 865 80th Street, Miami Beach, Florida. The Summons and Amended Complaint were served on the City on February 28, 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 March 8, 2013. Agenda Item ~ l D A Date Y-1?-f3 689 City Attorney's Report Apri/17, 2013 Page 2 4. U.S. Bank National Association vs. Richard Schaffer, et aL, Case No. 13-6890 CA 06 (Circuit Court-11 10 Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 1751 Washington Avenue, Unit 4G, Miami Beach, Florida. The Summons and Complaint were served on the City on March 1, 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 March 6, 2013. 5. Marlenis Smart v. City of Miami Beach, a political subdivision Civil Action No. 13-20699- CIV-WILLIAMS/TURNOFFCV-24233-Martinez/McAiiley (United States District Court for the Southern District of Florida) Plaintiff, who had previously obtained a large verdict from a jury against the City for sexual harassment (the jury voted in the City's favor on her retaliation claim) in federal court, again sued the City for retaliation she has allegedly suffered since and because of the jury award against the City. The court that oversaw the original trial where the verdict was obtained, granted the City's motion as a matter of law and dismissed the case based upon lack of evidence and overwhelming evidence of Plaintiff's jury tampering. The City will vigorously defend this new case. 6. Gosundi Wusiya aka James A. Johnson v. City of Miami Beach, Miami-Dade County, Eleventh Judicial Circuit of Florida, Public Defender for the Eleventh Judicial Circuit of Florida, Miami-Dade Office of the State Attorney, et al Civil Action No. 12-CV-24233- Martinez/McAiiley (United States District Court for the Southern District of Florida) Plaintiff, pro se, has sued virtually every person and agency that came into contact with him during his arrest and guilty plea to charges of battery on a law enforcement officer, resisting with violence, and depriving an officer of his safety equipment. There is no merit whatever to the claim as it relates to the City; but the City will vigorously defend the suit. 7. Onewest Bank, F.S.B. vs. Iris Morales, et al.. Case No. 13-5067 CA 27 (Circuit Court- 11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action for Declaratory Judgment in connection with the real property located at 630 84th Street, Unit 27, Miami Beach, Florida. The Summons and Complaint for Declaration Judgment was served on the City on March 1, 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 March 6, 2013. 690 City Attorney's Report April 17, 2013 Page3 8. U.S. Bank National Association vs. Jose Rodriguez Zaletty, et aL, Case No. 13-7027 CA 05 (Circuit Court-11 111 Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 19572 NE 15 Court, North Miami Beach, Florida. The Summons and Complaint were served on the City on March 5, 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 March 7, 2013. 9. U.S. Bank National Associ · tricia Serial-Biondi et aL Case No. 13-7636 CA 27 (Circuit Court-11 Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 2131 Calais Drive, Unit 9 Miami Beach, Florida. The Summons and Complaint were served on the City on March 5, 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 March 11, 2013. 10. U.S. Bank National Association vs. The Unknown H · rantees etc. Luz Marina Lang, et al., Case No. 13-7709 CA 04 (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 685 NW 103 Ct., Unit 4, Miami, Florida. The Summons and Verified Complaint were served on the City on March 5, 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 March 11, 2013. 11. JPMor an Chase Bank Nationa ilion Condominium Association et al., Case No. 13-7855 CA 06 (Circuit Court-11 Judicial Circuit in and for Miami- Dade County, Florida) This is an action to foreclose a mortgage on real property located 5601 Collins Avenue, Unit 1208, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on March 6, 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 March 11, 2013. 691 City Attorney's Report April 17, 2013 Page4 12. JPMor an Chase Bank Na · tion vs. Alama R Castellanos et a!. Case No. 13-7783 CA 02 (Circuit Court -11 Florida) Judicial Circuit in and for Miami-Dade County, This is an action to foreclose a mortgage on real property located 7 400 Harding Avenue, Unit 2, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on March 6, 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 March 8, 2013. 13. The Bank of New York Mellon vs. Vilma C. Barrientos, et aL, Case No. 13-8063 CA 10 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 9151 SW 1818 Terrace, Miami, Florida. The Summons and Complaint were served on the City on March 7, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on March 14, 2013. 14. Bank of America N.A. vs. Daniel Coseano, et al., Case No. 13-0608 CA 40 (Circuit Court -11 1h Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 1250 West Avenue, Unit 9-J, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on March 6, 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 March 14, 2013. 15. JPMor an Chase ociation vs. Ma Oses et al. Case No. 13-6831 CA 13 (Circuit Court -11 Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 2899 Collins Avenue, Unit 1637, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on March 7, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on March 14, 2013. (2572) 692 City Attorney's Report Apri/17, 2013 Page5 16. Donna Jane Watts v. Collier County Sheriff Office, et al Civil Action No. 9-12 CV-81406- DMM (United States District Court for the Southern District of Florida) Plaintiff, a female Florida Highway Patrol officer, pulled over a Miami police department officer for speeding. Scores of officers pulled up Plaintiff's protected driver's license data on the DAVID drivers' license database for no lawful purpose. One MBPD officer did so, subjecting the City and the officer to a minimum liquidated damage award of $2,500 plus attorneys' fees. The City has taken action to limit the City's exposure to attorneys' fees by serving a Fed. R. Civ. P. 68 Offer of Judgment, and by filing a Rule 11 motion for some frivolous allegations in the complaint. 17. Washington Park Condominium Association. Inc. vs. Richard M. Schaffer, et al., Case No. 13-8089 CA 27 (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 1751 Washington Avenue, Unit 4G, Miami Beach, Florida. The Summons and Complaint were served on the City on March 8, 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 March 14, 2013. 18. HSBC Bank USA Na · Association vs. Victor Miranda et aL Case No. 13-8362 CA 06 (Circuit Court-11 Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 826-836 84th Street, Unit 4, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on March 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 was filed on March 14, 2013. 19. Ocean Bank vs. Juliette Clark, et al.. Case No. 13-8882 CA 06 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to re-foreclose a mortgage on real property located 1200 Euclid Avenue, Unit 203, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on March 12, 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 March 14, 2013. 693 City Attorney's Report Apri/17, 2013 Page 6 20. Deutsche Bank Na ' t Com an vs. Oscar R Sanche et aL Case No. 13-9373 CA 02 (Circuit Court-11 Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 675 84th Street, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on March 18, 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 March 20, 2013. 21. Bank of America. N.A. vs. Juan Carlos Garcia. et al., Case No. 09-78966 CA 09 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 5580 W 21 Ct., Unit 108, Miami Beach, Florida. The Summons and Amended Verified Complaint were served on the City on March 18, 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 March 20, 2013. 22. Ocean Bank vs. JADPEC Corporation. et al., Case No. 11-17045 CA 06 (Circuit Court- 11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 1700 NW N River Drive, Unit 901, Miami, Florida. The Summons and Amended Verified Complaint were served on the City on March 18, 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 March 20, 2013. (2579) 23. Carlos E. Noriega, Alejandro Bello. George M. Lerra. and Charles Press. on behalf of themselves and all other similar! situated v. The Cit ns Eastern Company, Inc .. Case No. 13-07481 (Circuit Court of the 17 Judicial Circuit in and for Broward County, Florida) The suit is against the City of Miami Beach and its Worker's Compensation Service Agent Johns Eastern Company, and alleges that both parties engaged in an illegal "scheme to defraud" the officers by depriving them of "worker's compensation benefits." They charge the City with a "pattern of racketeering" and "conspiracy" to violate their rights. Simply put, this lawsuit is a farce. It is patently frivolous, offensive, scandalous and just plain wrong. 694 City Attorney's Report Apri/17, 2013 Page 7 Never in the history of the Workers Compensation Law has such an ill-advised action been permitted by any court in this State. Florida Statute 440.11 clearly mandates that all claims for benefits must be made solely thought the workers compensation system and not in a class action suit in circuit court. The statute states that liability if any, under the workers compensation law " ... shall be exclusive and in place of all other liability .... " The failure to pay workers compensation benefits, even if true, can never give rise to a tort or statutory liability in circuit court. The sole remedy is to file a Petition for Benefits before a Workers Compensation Judge. It is important to note also that the lawsuit is without merit for several other reasons. At the appropriate time the city and Johns Eastern will seek significant sanctions against the police officers involved and their attorneys. A copy of the lawsuit, along with a demand for indemnification, has been sent to Johns Eastern, the City's Service Agent which manages our claims and is contractually bound to provide a legal defense and hold us harmless. 24. Dr. Leonard M. Hochstein v. City of Miami Beach, Case No.: 13-10611 CA 31 (Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida) The Complaint challenges the constitutionality of City Code section 118-591, which allows organizations "whose purpose is to promote the preservation of historic sites" to file an application for the City to designate a property historic, claiming that the Miami Design Preservation League's application to do so at 42 Star Island Drive is illegal, and because it allegedly affects Dr. Hochstein's ability to obtain a building permit, effects a taking, and justifies damages under 42 USC section 1983. The City Attorney's Office believes the lawsuit is without merit, and will vigorously defend against it. 25. PennyMac vs. Anthony Parks, et al., Case No. 13-10561 CA 04 (Circuit Court-11 1h Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 2321 N. Bay Road, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on March 27, 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 April 1, 2013. 26. JPMor an Chase Bank National Associa I House et aL Case No. 13-40563 CA 58 (Circuit Court -11 Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 5255 Collins Avenue, Unit 5G, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on March 27, 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 April 1, 2013. 695 City Attorney's Report Apri/17, 2013 PageB 27. A.RT. D all South Inc. v. mi Beach Redevelo ment Agency Case No. 13-10726 CA 04 (Circuit Court-11 Judicial Circuit in and for Miami- Dade County, Florida) This is lawsuit which was recently served on the City by A.R.T. Drywall South, who was a subcontractor who performed work on a retail space leased by the City located at 1661 Pennsylvania Avenue. Plaintiff alleges that it remains unpaid for work performed in the amount of $52,740.00 and alleges that the City and RDA, as owners of the property, are jointly and severally liable, along with the lessee, Penn 17, LLC for payment to ART. The City will be filing a motion to dismiss. JS/SHR/Ir/mmd F:\ATIO\AAOFF\AAOFF\FILE.#S\2013\Status report CAO 041713.docx 696 R1 0 -City Attorney Reports R10B Notice Of Closed Executive Session Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During Recess Of The City Commission Meeting On Wednesday, April17, 2013, In The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Of Actuarial Valuation Reports For The City's Two Pension Plans, MB Employees Plan And The City Pension Fund For Firefighters And Police Officers. (Requested by Commissioner Deede Weithorn) Agenda Item R lOB Date l/-J 7-I} 697 THIS PAGE INTENTIONALLY LEFT BLANK 698 REPORTS AND INFORMATIONAL ITEMS -z "T1 0 -I m s en 1. Reports and Informational Items (see LTC No. 118-2013) Agenda Item I --- Date '1-17--13 700 THIS PAGE INTENTIONALLY LEFT BLANK 701 ~e MIAMIBEACH OFFICE OF THE CllY MANAGER NO. LTC # 105-2013 RECF!\'Ef) 2013 MAR 2 9 AM II : 1 9 LEITER TO COf'\1ty\~S~~tU~·s OFF ICE "To: Mayor Matti Herrera Bower and Members of the City Commission From: Jimmy L. Morales, City Manager Date: March 29, 2013 Subject: List of Projects Covered by the Cone f Silence Ordinance 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 fr.om the date the solicitation is advertised as indicated below, through date of award by City Commission. Date Document Advertised Number and Issued ITB-08-11/12 8/17/2012 ' RFP-14-11/12 1/17/2012 RFP-54-11/12 9/12/2012 RFP-01-013ME 12/24/2012 RFP-06-2013TC 12/24/2012 ITB-013-2013TC 3/15/2013 I ITB-018-2013TC 3/15/2013 Document Title Printing Services 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 Avenue And Meridian Avenue For The Provisions of Credit Card Merchant Processing Services to The City of Miami Beach, For Five-Year Period with Five One- Year Options For Unarmed Security Guard Services For Maintenance and Security Services (Optional) at the Lincoln Road Mall For the FEMA Impact Window Replacement Project For The Construction of Beachwalk P From South Pointe Drive To 3rd Street 702 Department citywide City Manager's Office Finance ' Citywide Public Works CIP CIP Agenda Item ............:..?...::........ __ Date lt-11-lj Date Document Advertised Number and Issued Document Title Department For A Construction Manager At Risk Firm To Provide Pre-Construction Services And· Construction Phase Services Via A Guaranteed Maximum Price (GMP) CIP Amendment For The Scott Rakow Youth Center Ice Skating Rink, Mechanical RFQ-022-2013TC 12/14/2012 Repairs, And Building Renovations Flamingo Park Football Field/Track CIP ITB-049-2013TC 1/31/2013 Renovation Project ITII.I n&:O 'ln~ ':II •r-/2013· BCC Food and Beverage Services Tourism unset Harbour.Pump Stations Retrofit CIP ITB~060-2013TC 3/01/2013 nd Drainage Improvements For Audit Services For An Audit of The City's Capital Improvement Projects Administered By the City's Capital OBPI Improvement Projects Office And Other RFP-064-20 13LR 2/22/2013 City Departments . Estimated Issuance For Emergency Management OBPI RFP-065-2013TC 4/5/2013 Administrative Support Services ITB-068-2013MI= 3/7/2013 Purchase of Water Meters Public Works . Two-Way Radio Subscriber Maintenance i ITR-n75-2013LR 2/15/2013 Services IT· Comprehensive Professional Tennis Management and Operation Services at Parks and Recreation the City's Flamingo and North Shore Park RFP-095-2013ME 2/14/2013 Tennis Center 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 120 13\Apri/17\Apri/ 2013 Cone LTC. docx 703 ::0 c )> Commission Agenda, April 17, 2013 Miami Beach Redevelopment Agency City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive April17, 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 Executive Director Jimmy L. Morales Assistant Director Jorge Gomez General Counsel Jose Smith Secretary Rafael E. Granado 1. NEW BUSINESS AGENDA A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency (RDA), Approving And Authorizing The Chairperson And Secretary To Execute A Third Amendment 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; And Further Approving, Following A Duly Noticed Public Hearing As Required By Section 142-362 Of The City Of Miami Beach Code, An Entertainment Component, Which Will Be Added As An Additional Use Of The Leased Premises In Conjunction With Tenant's Re-Opening And Re-Branding Of Such Premises. 10:00 a.m. Public Hearing, Joint City Commission & Redevelopment Agency (Real Estate, Housing & Community Development) 17 705 -. ....,.. MIAMI BEACH Miami Beach Redevelopment Agency City of Miami Beach, 1700 Convenlion Center Drive, Miami Beach, Florida 33139, w.vw.miamibeochfl.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 ore generally held on the same day the Miami Beach City Commission holds their regularly scheduled meetings. The Redevelopment Agency meetings commence at 10:00 a.m. 1. Jorge M. Gonzalez has been designated as the Agency's Executive Director. Robert Parcher has been designated as the Agency's Secretary. 2. Person requesti.Qg_f2lacement of on item on the ag.!Znda 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 lqjer lb_an 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 1 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.migmibeachfl.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 706 REDEVELOPMENT AGENCY ITEM SUMMARY Condensed Title: A Resolution approving and authorizing the Chairperson and Secretary to execute a Third Amendment 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; and, further approving, following a duly noticed Public Hearing as required by Section 142-362 of the City Code, an entertainment component, which will be added as an additional use of the Leased Premises in conjunction with Tenant's re-openinQ and re~brandinQ of such Premises. 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 Redevelopment Agency authorize the Administration to finalize for execution Amendment No. 3 to the Lease A reement? Item Summary/Recommendation: The Administration recommends that this item be opened and continued. The Tenant requested rent relief in connection with operational complications resulting from the alleged failure of its air conditioning system. 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. Subsequently, the Tenant provided a preliminary business plan which proposes that the restaurant when re~opened by July 2013, will house three individual concepts: an anchor restaurant facing 17111 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 loungetbar in the existing bar area (Lounge Bar). On March 13, 2013, the Mayor and City Commission, in conjunction with the RDA, passed and adopted resolutions accepting the FCWPC recommendation pertaining to a proposed Amendment No. 3 to the Lease, and recommending that, as part of said amendment, the rent schedule be revised as illustrated on Exhibit "A" to this item's Commission Memorandum. Since the new business concept contemplates including entertainment, which is not a permitted use in the CCC civic and convention center district, the Commission and RDA further ratified the setting of a public hearing, as required under Section 142-362 of the City Code to approve such use. The public hearing was scheduled for April 17, 2013. While the Administration intended to proceed with the April 171h public hearing and the related presentation of a draft Amendment No. 3 to the Lease, in light of pending non-compliance issues described in the Commission Memorandum, it is recommended that the public hearing be opened and continued. Adviso Board Recommendation: Amount Financial Impact Summary: MIAMI BEACH roval of revised rent schedule on Janua 24, 2013 707 Account AGENDA ITEM _I ...... A~ DATE Y-17-13 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov REDEVELOPMENT AGENCY MEMORANDUM TO: Chairperson and Members of the Miami Beach Red velopment Agency FROM: Jimmy L. Morales, Executive Director DATE: April17, 2013 OPEN AND CONTINUE SUBJECT: A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA}, APPROVING AND AUTHORIZING THE CHAIRPERSON AND CITY CLERK TO EXECUTE A THIRD AMENDMENT 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; AND FURTHER APPROVING, FOLLOWING A DULY NOTICED PUBLIC HEARING AS REQUIRED BY SECTION 142-362 OF THE CITY OF MIAMI BEACH CODE, AN ENTERTAINMENT COMPONENT, WHICH WILL BE ADDED AS AN ADDITIONAL USE OF THE LEASED PREMISES IN CONJUNCTION WITH TENANT'S RE- OPENING AND RE-BRANDING OF SUCH PREMISES. ADMINISTRATION RECOMMENDATION The Administration recommends that this item be opened and continued. BACKGROUND On April 13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27647, approving a Lease Agreement (which was subsequently amended on February 8, 2012, and again on June 6, 2012), having a term of nine (9) years and 364 days, between the City, the RDA (collectively, the Lessor or Landlord) 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 (Premises), for a restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and a book and gift shop (the initial lease and all amendments thereto are hereinafter referred to as the Lease). The Tenant opened Cooper Avenue Restaurant on the Premises on September 24, 2012. On November 15, 2012, the City put the Tenant on notice of certain compliance-related issues, including non-payment of rent for the months of October and November, 2012. 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 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 708 Redevelopment Agency Commission Memorandum Penn 17, LLC-Retail Lease Amended Rent Schedule April17, 2013 Page 2 of 5 the size units required to cool a restaurant operation of the scale involved in Cooper Avenue. As a solution, Tenant requested permission to relocate 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 for rent relief 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 2013 under a new name and concept. The Administration requested review of the matter by the FCWPC at its December 2012 meeting. At the December 20, 2012 FCWPC meeting, 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 reloe:ation 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 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 holding off on taking further legal action, which would include formally putting Tenant on notice of default, pending the outcome of negotiations. The Tenant was also asked to provide an estimated time frame for re-opening the restaurant. As is outlined in the March 13, 2013 Commission Memorandum, after conducting extensive negotiations with the Tenant and returning to the FCWPC in January, staff proposed: 1) 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; 2) 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; 3) 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; 709 Redevelopment Agency Commission Memorandum Penn 17, LLC-Retail Lease Amended Rent Schedule April17, 2013 Page 3 of 5 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. The Tenant rejected the above proposal, 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 it doesn't anticipate being back in operation and generating cash flow until at least mid-2013. Given the impasse on the negotiations, the Administration was unable to present a recommendation to the City Commission at the January 2013 meeting, and instead reported back to the FCWPC on January 24, 2013, to request further direction on how to proceed. Prior to the FCWPC meeting, staff demanded on January 16, 2013, that Tenant remit payment of outstanding Resort Tax to the City in the amount of $9,295.43 (based on the Tenant's own reconciliation dated January 8, 2013). Staff also required that half of January's rent, in the amount of $28,158.87, plus applicable sales tax, be paid 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. On January 24, 2013, 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, leaving a balance in the total amount of $64,791 (Back-Due Rent) to be repaid in twelve (12) equal monthly installments commencing in January 2014 and ending in December 2014; 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. 710 Redevelopment Agency Commission Memorandum Penn 17, LLC -Retail Lease Amended Rent Schedule April17, 2013 Page 4 of 5 A schedule reflecting the revised rent schedule, as recommended by FCWPC, is included as Exhibit "A" to this memorandum. Tenant has paid 50% of the January, February, and March 2013 Base Rent and CAM. The FCWPC again requested that any agreement with the Tenant be subject to the inclusion of release language absolving the City of any liability. As requested by Commissioner Libbin during the January 24, 2013 FCWPC meeting, Tenant provided the Administration with its preliminary business plan for re-opening the Leased Premises, which Tenant anticipates re- opening b~ July 2013. The Premises will house three individual concepts: an anchor restaurant facing 1 t Street, involving the Ten ant'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 proposes an entertainment use (combination of a deejay and live music), which is not a 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. On March 13, 2013, the Mayor and Commission adopted Resolution 2013-28167 in conjunction with the Redevelopment Agency's (RDA) Resolution 592-2013, which accepted the FCWPC recommendation pertaining to a proposed Amendment No. 3 to the Lease, and recommending that, as part of said amendment, the rent schedule be revised as outlined above and as further illustrated on Exhibit "A" to the memorandum. The Commission and RDA also set a public hearing for April 17, 2013, regarding Lessee's proposal to add an entertainment component as an additional use. During the March 13th discussion, the City Commission requested that Amendment No. 3 also include the following items which are being developed by the City Attorney's office and which will be executed at the time that Amendment No. 3 is executed: • a general release by Tenant waiving any claims against the City including those with regards to the ventilation and to the relocation of air conditioning; • additional clause that Tenant admits and acknowledges that, but for approval of the Third Amendment, it is in default of the Lease; • additional language regarding an "expedited" eviction procedure and, to the extent possible, to include certain waivers of defenses by Tenant. The Tenant was also requested to provide a release in conjunction with the City's preliminary approval of the proposed revised rent schedule. ANALYSIS While the Administration intended to proceed with the April 17th public hearing and the related Commission's consideration of a draft Amendment No. 3 to the Lease, it is now recommended that the Commission open and continue the public hearing. As of the date of the writing of this memorandum, the Tenant does not anticipate being able to solidify its concept plan, much less provide a site plan as requested by staff, in time to submit the necessary information for Commission consideration. The Tenant has also expressed an unwillingness to install a vestibule area within the Premises as required by the Planning Department in consideration of the new entertainment component. The Tenant expressed that the vestibule poses a significant hardship and also informed staff that it may reconsider the concept. The Tenant added that it had already met with representatives of the New World 711 Redevelopment Agency Commission Memorandum Penn 17, LLC-Retail Lease Amended Rent Schedule April17, 2013 Page 5 of 5 Symphony (NWS), who stated that NWS has no issues with respect to the entertainment license being requested by the Tenant. Tenant provided us with a confirmation letter from NWS dated March 18, 2013, which is attached hereto as Exhibit "C." In the meantime, additional non-compliance items are pending. Several construction-cost related items are addressed in the Notice of Non-Compliance letter dated March 27, 2013, which is attached as Exhibit "8" to this memorandum, and include: 1) the City has no record of Tenant's second deposit into the Tenant's Construction Fund, as required by the Lease; 2) The Tenant Construction Fund was expressly intended to pay hard costs, but the Tenant used two disbursements for soft costs instead of for hard costs; 3) Discrepancies were noted in a reconciliation of disbursements; 4) Tenant did not require its contractor to provide unconditional performance and payment bonds covering the total value of Tenant's work; and 5) the City has received formal notification of two claim notices, as well as a Notice of Lien, for non-payment of work and/or materials related to Tenant's improvements. The Tenant was given until Tuesday, April 2, 2013, to provide specific information and cure measures, and staff has informed Tenant that failure to do so may result in the Tenant being placed in default. Subsequently, but on the same date (March 2th), the City and RDA were served with a Complaint from A.R.T Drywall South, Inc.; one of Tenant's sub-contractors demanding payment from the City in the amount of $52,7 40, for work performed by the Subcontractor on the Leased Premises. Furthermore, the Tenant has not made progress in obtaining a building permit to relocate the air conditioning compressors. Plans were submitted, however, the building permit fee has not been paid and Tenant has not addressed comments from the Building Department. However, it is relevant to note that Tenant requested that the relocation of the air conditioning units be coordinated in conjunction with the reconfiguration and relocation of the kitchen exhaust. While the Tenant verbally informed staff that it does not anticipate being able to remedy the outstanding construction claims by April 2nd or by April 171h, the Tenant has expressed it wishes to proceed with Amendment No. 3 to the Lease. Staff has reiterated that any further action is contingent on the resolution of outstanding contractual issues. CONCLUSION AND RECOMMENDATION The Administration recommends that this item be opened and continued. The Public Hearing is being held in conjunction with a related, Amendment No. 3 to the Lease, which is not ready for consideration by the RDA in light of pending matters outlined above. JLM\MS\AP\KOB Attachments T:\AGENDA\2013\April 17\Penn 17 Retail Lease RDA Memo.doc 712 EXHIBIT A Repayment of remaining Nov/Dec 2012 balance ($64,791) Repayment of July 2012 and August 2012 rent ($95,688.00) per ond Amendment Repayment of security deposit ($47 ,844) Repayment of July 2013 through December 2013 deferred rent 71,106.23 Penn 17, LLC Rent Schedule Lease Commencement: Odober 13. 2011 Rent Commencement: Apr!! 14,2012 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 $ (28,158.88) $ $ 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 $ $ 8,474.00 $ (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 $ $ 8.474.00 $ $ (28.158.88) $ 56,317.75 $ 28.158.87 Total: $ 430,593.75 $ $ 76,266.00 $ (168,953.28) s (84,476.64) s 506,859.75 $ 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 • IIIII •• $ 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 $ 8.474.00 $ $ $ 65,810.06 $ 65,810.06 04/13!14 $ 49,279.06 $ 8.057.00 $ 8,474.00 $ $ $ 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 $ 8.474.00 $ $ $ 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: $ 591,348.72 $ 80,487.00 s 101,688.00 $ $ (86,629 .59) s 773,523.72 s 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 $ 8.474.00 $ $ $ 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 $ 50,757.43 $ 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 03/13/15 $ 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: s 609,089.16 $ 48,093.00 $ 101,688.00 $ $ $ 758,870.16 s 758,870.16 Page 1 of 2 EXHIBIT A 713 EXHIBIT A Penn 17, LLC Rent Schedule m. Repayment of remaining Nov/Dec 2012 balance 1$64,7911 Repayment of July 2012 and August 2012 rent l$95,688.00) per cond Amendment 131 Repayment of security deposit ($47,844) (41 Repayment of July 2013 through December 2013 deferred rent ($171' 106.231 Lease Commencement: October 13, 2011 Rent Commencement: April14. 2012 Lease Year: 5 ~~$ 11/13/15 $ 12/13/15 $ 01/13/16 $ 02/13/16 $ 03/13/16 $ 04/13/16 $ 05/13/16 $ 06/13/16 $ 07113/16 $ 08/13/16 $ 09/13/16 $ Total: $ Lease Year: 6 a ,. 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 • 221 .. 11.111·- 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 Repayment (2 and 3) 52,280.15 $ 6,645.00 $ 52,280.15 $ 6,645.00 $ 52,280.15 $ 6,645.00 $ 52,280.15 $ 6,645.00 $ 52,280.15 $ 6,645.00 $ 52,280.15 $ 6,645.00 $ 52,280.15 $ 6,645.00 $ 52,280.15 $ 6,645.00 $ 52,280.15 $ 6,645.00 $ 52,280.15 $ 6,645.00 $ 52,280.15 $ 6,645.00 $ 52,280.15 $ 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 $ 53,848.56 $ 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 $ 55.464.02 $ 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) 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 85,553.16 $ Repayment (4) 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 85,553.16 $ Rent Rent CAM Abatement Deferment 8.474.00 $ $ 8.474.00 $ $ 8.474.00 $ $ 8.474.00 $ $ 8.474.00 $ $ 8.474.00 $ $ 8.474.00 $ $ 8.474.00 $ $ 8.474.00 $ $ 8.474.00 $ $ 8.474.00 $ $ 8.474.00 $ $ 101,688.00 $ $ Rent CAM Abatement 8.474.00 $ 8.474.00 $ 8.474.00 $ 8.474.00 $ 8.474.00 $ 8.474.00 $ 8.474.00 $ 8.474.00 $ 8.474.00 $ 8.474.00 $ 8.474.00 $ 8.474.00 $ 101,688.00 $ CAM 8.474.00 8.474.00 8.474.00 8.474.00 8.474.00 8.474.00 8.474.00 8.474.00 8.474.00 8.474.00 8.474.00 8.474.00 101,688.00 $ $ $ $ $ $ $ $ $ $ $ $ $ Rent Abatement $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Rent Deferment Rent Deferment 714 Current Total Monthly Proposed Total Monthly Payment Payment $ 63.412.15 $ 67,399.15 $ 63.412.15 $ 67,399.15 $ 63.412.15 $ 67,399.15 $ 63.412.15 $ 67,399.15 $ 63.412.15 $ 67,399.15 $ 63.412.15 $ 67,399.15 $ 63.412.15 $ 67,399.15 $ 63.412.15 $ 67,399.15 $ 63.412.15 $ 67,399.15 $ 63.412.15 $ 67,399.15 $ 63.412.15 $ 67,399.15 $ 63.412.15 $ 67,399.15 $ 7 60,945.80 $ 808,789.80 Current Total Monthly Proposed Total Monthly Payment $ 62,322.56 $ $ 62,322.56 $ $ 62,322.56 $ $ 62,322.56 $ $ 62,322.56 $ $ 62,322.56 $ $ 62,322.56 $ $ 62,322.56 $ $ 62,322.56 $ $ 62,322.56 $ $ 62,322.56 $ $ 62,322.56 $ $ 747,870.72 $ Payment 69.451.99 69.451.99 69.451.99 69.451.99 69.451.99 69.451.99 69.451.99 69.451.99 69.451.99 69.451.99 69.451.99 69.451.99 833.423.88 Current Total Monthly Proposed Total Monthly Payment $ 63,938.02 $ $ 63,938.02 $ $ 63,938.02 $ $ 63,938.02 $ $ 63,938.02 $ $ 63,938.02 $ $ 63,938.02 $ $ 63,938.02 $ $ 63,938.02 $ $ 63,938.02 $ $ 63,938.02 $ $ 63,938.02 $ $ 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 71.067.45 71.067.45 852,809.40 City of Miami leach, 1700 ConvenHon Center Drive, Miami Beach, Florida 33139, www.miamibeachR.gav REAL ESTATE, HOUSING & COMMUNITY DEVELOPMENT Tel: (3051 673·7193 -(3051 673-7033 March 26, 2013 Mr. Amir Ben Zion Managing Member Penn 17, LLC. 1661 Pennsylvania Avenue, Suite 6 Miami Beach, FL 33139 Jeffrey A Rynor, Esq. Mitrani, Rynor, Adamsky & Toland, P.A. 301 Arthur Godfrey Road, PH Miami Beach, FL 33140 Copy sent via electronic mail, receipt requested to: amir.ben-zion@fcsny.coro; ilmir@fc§Qy.CQm; shai@cooperavenue.com JRynor@mitrani.com RE: Work Letter and Escrow Agreement (Work Letter) by and between the City of Miami Beach, Miami Beach Redevelopment Agency (collectively "Landlord"), and Penn 17, LLC ("Tenant"), and Mitrani, Rynor, Adamsky & Toland, PA ("Escrow Agent"), dated August 29, 2011 NOTICE OF NON-COMPLIANCE Dear Sirs: As you know, Landlord and Tenant are currently negotiating a proposed Third Amendment to Lease, which is scheduled to be presented to the Mayor and City Commission at its April 17th meeting. Since, throughout the course of negotiations (which have included various presentations before the City's Finance and Citywide Projects Committee and, most recently, consideration by the City Commission of the proposed rent abatement and deferral schedule at the March 13, 2013 City Commission meeting}, the City Commission has been clear and consistent that, aside from the issues being negotiated, the Tenant must be otherwise in good standing and free from defaults on the other provisions of the lease (not at issue in the negotiations). Accordingly, in preparation for prosentation of the Third Amendment at the April City Commission meeting, the City Administration has been reviewing the remaining Lease terms to ensure that Tenant has been complying with same. To this end, the purpose of this Notice is to advise you of certain compliance-related issues related to the above-referenced Work Letter which require your immediate attention, as follows: 1. Article 1, Section 2. -The City has no record of Tenant's second deposit into the Tenant Construction Fund, in the amount of $500,000. This amount should have been deposited on or before 45 days after August 29, 2011 (the Effective Date of the Work Letter). The Escrow Agent was to have provided the City with written notice after receipt of such payment. Based on the statement received from the Escrow Agent, dated March 12, 2013, and attached as Exhibit "A" hereto, it appears the initial $500,000 (the first half of the Tenant Construction Fund) was deposited into the Tenant Construction Fund (hereinafter TCF) on Sept 19, 2011. However, the only other deposit made into the TCF occurred on February 7, 2012, in the amount of $150,797, leaving a balance due of $349,203. EXHIBIT B 715 Amir Ben Zion Penn 17, LLC March 26, 2013 Page 2 of4 Action Required: Within seven (7) days of the date of this Notice, Tenant must provide City with proof of payment (and deposit with Escrow Agent) of the remaining balance due into the TCF. Failure to do so constitutes a default under the Work Letter and, consequently, the Lease. 2. Arlicle 1, Section 2. -The TCF was expressly intended only to pay actual "Hard Costs" of Tenant's construction work. No portion of the TCF was to be used to fund "Soft Costs," as same are defined in Article I, Section 2, page 2 of the Work Letter. Based on our review of Exhibit "A," there are two (2) disbursements that were not approved by the City that were used to pay for items specifically defined as Soft Costs as follows: Pa ee of Miami Beach Bid of Miami Beach Bid Amount $12.222.92 $48,604.43 $60,827.35 Memo Permit Fees Concurrenc Fees Action Required: In accordance with Article I, Paragraph 2, on page 2 of the Work Letter, "All Soft Costs shall be paid as and when due from Tenant's own funds other than the Tenant Construction Fund." Accordingly, the aforestated Soft Costs, in the amount of $60,827.35, must be replaced in the TCF. 3. Based on the City's reconciliation of the TCF, which reconciliation is attached as Exhibit "B" hereto, the following discrepancies were noted: (i) As of May 9. 2012, the City reflects the receipt of requests for payment (i.e., in the form of Draw Requests approved by the City), totaling $723,266. However, the TCF Statement (Exhibit "A") only reflects disbursements/payments made by Tenant totaling $650,797, for a net difference of $72,469. The difference appears to lie in three (3) Draw Requests that were approved by the City, but were never disbursed from the TCF, totaling $133,196.64 (and as noted in Table 2 below}; coupled with the two unauthorized payments, in the amount of $60,827.35, referenced in Table 1 of this Notice. Table 2 Date Payee Amount Memo 10/27/11 Skv Builders $ 6,800.00 Labor & materials 12114/11 Halloran Construction $ 25,848.00 Labor & materials 01/24/12 Halloran Construction $100 548.64 Labor & materials Total $133,196.64 (ii) Pursuant to the City's reconciliation in Exhibit "8," and subject to Tenant's compliance with Action Items 1 and 2 hereof, the TCF should reflect a balance of $276,733, pending Tenant's submission of any additional Draw Requests to be approved by the City. Additionally, you should also be aware that Section 5.2 (n) of the Lease Agreement by and between the City of Miami Beach, the Miami Beach Redevelopment Agency and Penn 17, LLC, dated September 16, 2011 (the "Lease"), specifically requires that in no event shall the Construction Deposit into the TCF be reduced to less than $50,000, until such time as the Tenant's work has been substantially completed, as determined by the Landlord, in its sole and 716 Amir Ben Zion Penn 17, LLC March 26, 2013 Page 3 of4 reasonable discretion; and, shall only be released upon issuance of a final Certificate of Occupancy (CO), with proof that all permits have been closed, together with final lien waivers and contractor's affidavit reflecting that all contractor's, sub-contractors, laborers and materialmen have been paid in full. Action Required: Tenant and Escrow Agent shall provide written clarification, within seven (7) days of the date of this Notice, as to the discrepancies between the TCF statement (Exhibit "A") and the City's reconciliation Exhibit "B"); such clarification, confirming that the aforestated balances remain in the TCF. 4. Article 3, Section 3. -Tenant shall require its Contractor to provide unconditional performance and payment bonds covering the total value of Tenant's work issued by a surety acceptable to Landlord. Said bonds shall be issued for each subcontractor, contractor or materialman furnishing material or providing labor or services to the Premises and shall (i) name Landlord as an additional obligee, (ii) be in an amount, in form and content, and issued by sureties, satisfactory to Landlord and (iii) be in compliance with applicable laws. Action Required: Tenant shall provide, within seven (7) days of the date of this Notice, copies of any and all, performance and payment bonds as required. 5. To date, the City has received formal notification of two (2) claim notices, as well as a Notice of Lien, for non-payment of work and/or materials related to Tenant's Improvements as noted in Table 3 below: Table 3 Date Amount 10/27/11 $ 3,001.92 12/14/11 $53,927.00 01/24/12 $ 7,900.00 Action Required: Any lien, or notice of non-payment for labor or materials on account of Tenant's Work, shall be deemed if not removed, satisfied or transferred to bond, an Event of Default under the Work Letter and the Lease Agreement Accordingly, Tenant must provide to the City, within seven (7) days of the date of this Notice, documentation of payment or other form of satisfaction of the outstanding claims enumerated in Table 3 above. Again, while Landlord continues to work with Tenant toward preparation and presentation (in April) of the Third Amendment to the Lease, I (again) emphasize that the City Commission's final consideration and approval of the Third Amendment, which we intend to present at the April17, 2013 City Commission meeting is predicated upon the condition that Tenant, but for its failure to pay rent in the amounts currently required under the Lease, is in good standing and free from default with respect to other Lease provisions (including, without limitation, the terms and conditions of the Work Letter, which is incorporated as an exhibit to the Lease). It is therefore imperative that you promptly provide the City with the information requested herein, including any cure measures required by the City, so that we may advise the City Commission (when presenting the Third Amendment} that the Tenant is complying with the terms of the Work Letter. Accordingly, please respond to the City's "Action Required" items, as 717 Amlr Ben Zion Perm 17, LLC Maroh 2013 Page 4 forth herein, by no later than seven (7) from of this or by April 2, to so may result in the baing placed in default under the Work Letter Ple1t:11se govern yourselves accordingly. Sincerely, (~~~{/~~ Anna Parekh AP:KOB Atte~chments Cc: Kathie G. Brooks, interim City ....... ,. ........ Max Sklar, Acting Assistant City Manager Raul Aguila, Chief Deputy City Attorney 718 Penn 11, IJ.C Exhibit A -fund- ~I !lillie ~ 09/19/~U Wlna!u; mtl-11o8ll,'illl00a04 FOO: 500,000.00 Hllcrow ~tAmlr BM Zhm 09/0?/~11 .It lnMminswlteltVt ta&.twi~OitU: ~,'796.8.10. oso.'196.11a 400~\),~l'{LW, l!a Ni41 st. Miami, PI. 331311lel!• Pl!nnt;· &crow Os/910/00!a IS67 ~fee llillmla t!!,tm.gt.DII &sllm.go ~ofM!wnl su 1114 Dept. Os/110/AOUI ~~&oe <&II,Cio4"!sDII ii81l.~'1 CllyofM!ami~-Depl. iii!IAI/SOUl .1510 ~~ oolllwb -~·12497 4.1M04-!lODB ~7 AlllerlcM Fooilllqll!l)lllml 04/08/201£ IS?8 paylllll\11111 ~ 18: :JII4.0'15-IlDllll I02,4jiO.Ij}' llo014!1, 11-GI!ll, JII-Gilll9, IJI·OOSIIDV, U.CO/I!IC. Ul-Gil$\)(.1 04/IJS/IIO!S 1.579 lCIIWlm eqll!pmiiiii•IIIY. 7ij,OOO.ool>ll &;.4911.11'1 ~!'em ~~qutpM~~t ,100 or./09/f.o!a t!i.tP t'll.}'lllllllh>lllnvdt'e ~ 8?"M!lo47Dl.l o.oo ~ Pood F.qtilpllllllll 0! Toial~: Qoll,'l96.11110R To1al~ Qo0,?96.811Dll c.!Oolliq k!mMI $0.00 719 ........ N 0 l!lllm'I"B n:ufi~IQ!I!Um am~ l'll!nn :D',I.U: ~~~ ~ ... "-1m Dab! ~-~ CMB 1D/27f,WU Skyllw1ders l.abor&~ $ 6.1100.00 $ U/l4I20U Hallonm Collstruttioo l.abor&~ls $ 25.9411.00 $ m/1.4{lm2 Hai!Qfall Cotlstruclion l.abor & mat!l!rillls $ 100.548.64 $ ~ Halloran CotlSll'1.1Ctioo Labor&~ s 43,404.00 s IE/20/2M2 CMII6uilcfing Dept Pemi!:fees $ s 03/2l{JM2 CMI! l!llllcfing Dept Conwrrem:yfees $ $ 03/29/2M2 Hl}lloran Const<tJctl<i<tl Labor & materials $ 384,075.00 $ 00/31)flm2 Amet1can food Equipment ~~~ s 75,000.00$ 05/m{lDU American Food Equipment ~r~equipment $ 87,400.47 $ s T-~~~IO&.m!: $ 723.2$6.11 $ Note: Cl) Rell!!!ct:< bal~ as af last payment request~ oo 5/ff!J{Z!J12 l'lats IIJbde Fmmla' $ $ $ 43,404.00 $ 12,.222..92 $ 48.604.43 $ 384,m5.00 $ 75,000.00 $ 87,490.47 $ 654,196.112 $ ll"er~ ll"er~~ ~ $ ~-$ ~$ ~ ~ 6.1100110 $ ~200.00 $ 650,7!!o!i.l!2 $ 342,4IB.lll 25,9'1$.00 $ 967,2S2.00 $ 650,7!!o!i.l!2 $ 316,4SS..:Ill 100.548.64 $ 866,703.36 $ 650.1!16.S2 $ m.!lll654 $ 823,29!1.36 $ tm,m.l!2 $ 2:15,!JQ6.54 (l2.222!12) $ 823,299.36 $ 5!15,169.!10 $ 2211,129M (48,61l4.43) $ 823,299.36 $ 540,565.47 $ 276,m.ll9 $ 439,224.36 $ 162,.1190.47 $ 276,m.ll9 $ 364,224.3ii $ 87,400.47 $ 276,m.3!1 $ 276.733.89 $ {lUlOI $ 276,.733.89 $ $ $ n,u9.29 $ 216,733.89 $ $ (216,733.89) 1. Article AddJeBSed to: , Reoelved by (Printed Nlllff8) D. Ia deliverY .:ld!'8118 dlllei'Bid fi'Om 118m 1 'I II YES, enter delivery addrMB beloW: Jeffrey A. Rynor, Esq. Mitrani,Rynor, Admasky & Toland, PA lb========================= 301 Arthur Godfrey PH Miami Beach, FL 33140 Cl El!pT818 MaD CJ Retum Receipt for Mercllllndlst! c : 2. Artlole· Number 7D06 215D DODD 6285 5625 .ps Form S811, Febi'\Jary 2004 ! eomeatlc Retum Reoelpt ; 1. Article Addreeled to: Mr. Arnir Ben Zion Managing Member 1661 Pennsylvania A Suite 6 Miami Beach, FL 33139 2. Miele Number ! (Tiansfer ftom BtNVIce label) D. Ia dellvely addll68 dlllerant fnlm Item 1? If YES, enter delivery addre&e below: [J No 0007 1115 6345 1: PS Form 3811, February 2004 Domestlo Retum Reoelpt 721 Founder Ted Arison Officers Nelsen Kasdln, Chair Rose Ell.en Greene, VIce Chair Mario de Armas, Treasurer Robert Moss, SIICI'etary Bo!lfd of Trustees Sari Agatston Sheldon T. Anderson Madeleine Arisen Sareh 5. Arison Matthew W. Buttrick Adam Carbn Bruce E. Clintan Stanley Cohan Casav Cummings Peter J. Oolara Susan S. Dubin joseph 2. Fleming Howard Frank* Stanford Freedman C. Thomas Greene Bruce W. Greer Harry M. Hersh Robert E. Helfman• Richard M.lacobs Gerald Katcher* R. Kirk Landen ---------·····MartfL.a"Riia··-----"·-···· Enrique lemer Rals Richard L Levitt Helene L~denfeld Albert R. Molina, Jr. WILUam L. Morrison Sandra R. Muss Patricia M. Papper Peter G. Robbins Jeffrey T. Roberts Martin Rozenblum Richard T. Sanz Sheldon 0. Schneider* Diane S. Sepler Edward Manno Shumsky Rldlard Skor Paul H. Stebbins Judy Welsar* Sherwood M. Weiser* )odyWol.fe Richard ). Wurtman Counsel to the Bo.ard Bruce Jay Colen *Indicates fanner Chair New World Symphony America's Orchestral Academy Michael Tilson Thomas, Artistic Director March 18, 2013 Mr. Shai Ben-Ami Penn 17 LLC Re: Cooper Avenue/New Concept Dear Shai: This letter will confirm that we have discussed your new plans for the space formerly occupied by Cooper Avenue in the Pennsylvania Garage. Based on this discussion, and in the expectation of future on-going -mutaal··coop·eratio"i'roetween your ope-rating ·staffan<rNws· to-· · ---·· · ensure that your activities do not adversely affect NWS events and Wallcasts, NWS has no issues with respect to the entertainment license you need to complete your regulatory and code approvals. 500 17th Street, Miami Beach, FL 33139-1862 305.673.3330 Fax 305.673.6749 www.nws.edu 722 EXHIBIT C MIAMI City of Miami Beach, HOO Convention Center Drive, Miami Beaoh, Florida 33"139. www.mlamiooachll.gov CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that public be held by the Mayor and City Commission of of Miami Beach, Florida, In the C~y Commission Chambers, 3'" floor, City Hall, 1700 Convention ('..enter Drive, Miami Beach, Florida, on Wednesday, April 11, 2013, at 10:00 a.m., during both the City Commission Mooting and the Miami Beach Redevelopment Agency Mooting, to consider, In accordance with Section 142-362 of the City Code, a proposed Change of Use involving that certain Retail Lease Agreement by and between the City of Miami Beach, the Miami Beach Redevelopment Agency (cotlectively, Lessor) and Penn 17, LLC. (Lessee), dated September 16, 2011, Involving the lease of approximately 7,655 squam feet of ground floor retail spac-,e at the Pennsylvania Avenue Garage, 1 fl61 Pr?nnsylvania Avenue, Miami Beach, Florida: said of Use to Include an entertainment component, Is not listc.'CI as a main permitted use in the Civic and Convention Center (CCC) zoning district. Inquiries may be directed to the City's Asset Management Division at (305) 6/a-1193. INTERESTED PARTIES are invited to appear at this meeting or be represented by an agent or to express their views In writinq addressed to the Ctly Commission c/o the City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This meeting may be and continued, and under such circumstances legal notice would not be provided, F:afael Granado, City Clerk Citv of Miami Beach Pursuant to Section 286,0105, Fla. Stat., the City hereby advbes the public that il a person decides to appeal any decision made by the City Commission ancl/or the Miami Beach Redevelopment Agency with respect to any matter considered at its meeting or Its hearing, such person must ensure that a verbatim mcord of the proceedings Is made, which record Includes the testimony and evidence upon which the appeal Is to be based. This notice does not constitute consent by the City tor the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does rt authorize" challenges or appeals nat otherwise allowed by law. To request this material in accessible format, sign language interpreters, Information on access for persons wrth dl&'l.bilitles and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advence at (305) 673-7 411 (voice) or TTY users may also call the Florida Relay Service at 111. 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