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20130508 BMMIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive May 8, 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 sen;ice and safety to all who live. work, and play in our vibrant, tropical, historic community. 1 Commission Agenda, May 8, 2013 Presentations and Awards PA 1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For April 2013. (Requested by Commissioner Jorge R. Exposito) PA2 Presentation To The City Commission From The Office Of The Citizens Independent Transportation Trust, Announcing The 2013 Transportation Summit For Miami-Dade County On June 6, 2013. (Public Works) PA3 Presentation On The State Of The Travel And Tourism Industry By William Talbert, President & CEO Of The Greater Miami Convention & Visitors Bureau And Recognition Of National Travel And Tourism Week. (Requested By Mayor Matti Herrera Bower) PA4 Proclamation To Be Presented Declaring May 4-12, 2013 As "National Tourism Week" In The City Of Miami Beach. (Requested by Mayor Matti Herrera Bower) PA5 Certificates Of Recognition To Be Presented To The Students And Staff Of Miami Beach Public And Private Schools. (Requested by Mayor Matti Herrera Bower) PA6 Certificate Of Recognition To Be Presented To Rachel Castillo For Her Act Of Kindness In The Return Of $36,000 Found By Her And Belonging To A Senior Citizen. (Requested By Vice-Mayor Jonah Wolfson & Commissioner Deede Weithorn) PA7 Proclamation To Be Presented To Maria Laria For Her Dedication And Commitment To Miami Beach. (Requested by Commissioner Michael Gongora) CONSENT AGENDA Action: Moved: Seconded: Vote: 2 2 Commission Agenda, May 8, 2013 C2 -Competitive Bid Reports C2A 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) (Deferred from April 17, 2013) C2B Request For Approval To Issue A Request For Proposals (RFP) For Pay By Phone Services For The City's Parking Department. (Parking DepartmenVProcurement) (Deferred from April 17, 2013) C2C 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) (Deferred from April 17, 2013) C2D Request For Approval To Issue A Request For Proposals (RFP) For Audits Of Resort Taxes And Other Internal Audits As Needed. (Budget & Performance lmprovemenVProcurement) C4 -Commission Committee Assignments C4A Referral To The Finance And Citywide Projects Committee -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) C4B Referral To The Finance And Citywide Projects Committee -Discussion On The Euclid Avenue Street End Project. (City Manager's Office) C4C Referral To The Land Use And Development Committee To Discuss FOOT's Recommendation Of The Undertaking Of A Study Concerning The Speed Limit On Alton Road. (Requested by Commissioner Michael Gongora) 3 3 Commission Agenda, May 8, 2013 C4 ~Commission Committee Assignments (Continued) C4D Referral To The Finance And Citywide Projects Committee (Budget Meetings) To Discuss Hiring An Inspector To Investigate Claims Of Fraudulent Activity And Perform Other Investigative Services. (Requested by Commissioner Michael Gongora) C4E Referral To Neighborhood/Community Affairs Committee-An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 2, Entitled "Officers, Employees And Agency Members," By Amending Section 2-450, Entitled "Disclosure Of Interest In/Relationship With Business Entity," And Section 2-458, Entitled "Supplemental Abstention And Disclosure Requirements;" To Require Additional Public Disclosure Of Conflicts/Interests Possessed By City Officers And Employees Via Public Disclosure Statements; Providing For Repealer, Severability, Codification, And An Effective Date. (Requested by Commissioner Jerry Libbin) (Legislative Tracking: City Attorney's Office) C4F Referral To The Neighborhood/Community Affairs Committee To Discuss And Consider A New False Claims Ordinance (Whistle Blower). (Requested by Commissioner Jerry Libbin) C4G Referral To The Neighborhood/Community Affairs Committee To Discuss The 1st Annual "Canstruction" Jr. South Florida Competition. (Requested by Commissioner Edward L. Tobin) C4H Referral To The Land Use And Development Committee To Discuss An Item Addressing The Uses Adjacent To St. Patrick's Church And The Possibility Of Permitting Additional Uses. (Requested by Commissioner Edward L. Tobin) C41 Referral To The Neighborhood/Community Affairs Committee To Discuss The FOOT Alton Road Project Between 6th And Michigan. (Requested by Commissioner Edward L. Tobin) 4 4 Commission Agenda, May 8, 2013 C6 -Commission Committee Reports C6A Report Of The Land Use And Development Committee Meeting Of April 23, 2013: 1) Discussion Regarding The Development Of The West Lots Between 79th Street To 87th Street And Collins Avenue. 2) Discussion Regarding Development Of The Parking Lot Between ?2nd And 73rd Street And Collins Avenue. 3) Zoning And Planning Initiatives For North Beach Including Ordinance Amendments For Parking Requirements And Development Regulations. 4) Reduced Parking Rates For Hotel Employees. 5) Discussion Of The Miami Beach Current City Code Chapter 6-4 (3) Relating To Alcoholic Beverage Sales That Requires A 300 Foot Distance Between Liquor Stores And Ask That The City Look Into Adopting The County Requirement Of 1500 Feet. 6) Review Of Miami Beach Land Use Boards To Improve The City Of Miami Beach Building And Planning Department Processes. 7) Discussion Regarding Food Trucks On Private Property. 8) Discussion Pertaining To. "Smarter Materials For Next Generation Infrastructure," Such As Eliminating The Disposal Of Tires In Global Landfills And Incinerators. 9) Discussion Regarding The Condition Of The Stones In The 1100 Block Of Lincoln Road. 10) CD-2 Self Storage. 11) Discussion On The Boardwalk. 12) Discussion Regarding The Current Sidewalk Cafe Ordinance. A. Discussion Regarding The Lincoln Road Utilization Areas For Sidewalk Cafes. B. Use Of Electricity By Sidewalk Cafes; And Refer All Current Sidewalk Cafe Matters To LUDC. C. Discussion Regarding Restaurant Solicitation Of Pedestrians On City Sidewalks, Particularly Ocean Drive And Lincoln Road. 13) 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. C6B Report Of The Capital Improvement Projects Oversight Committee Meeting Of March 11, 2013: 1) Attendance. 2) Review And Acceptance Of Minutes. 3) Public Comments. 4) 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 On Sunset Islands Ill & IV; 5. Status On Lower North Bay Road; C. South Beach Neighborhoods: 1. Status Report: Venetian Islands Neighborhood Improvement Project; 2. Status Report: Palm & Hibiscus Island Neighborhood Improvements & Utilities Undergrounding; 3. Status Report: South Pointe Phase Ill, IV & V Neighborhood Improvement Project. 5) Commission Items: A. 6th And 53rd Street Restrooms Project; B. City Center Right-Of-Way Neighborhood Improvement Project; C. Central Bayshore And Lake Pancoast Right Of Way Infrastructure Improvements; D. Venetian Islands Right-Of-Way Infrastructure Improvements. 6) Capital Improvement Projects Website. 5 5 Commission Agenda, May 8, 2013 C6-Commission Committee Reports (Continued) C6C Report Of The Finance And Citywide Projects Committee Meeting Of April 25, 2013: 1) Discussion Regarding A Recommendation By The GLBT Committee To Address The Issue Of Benefits Tax Inequality For City Employees With Registered Domestic Partners Versus Legally Married Spouses. 2) Discussion On Water Conservation Methods And Implementation. 3) Discussion Regarding Budget Advisory Committee Recommended Pension Reform Policies And Guidelines. 4) Discussion Regarding The Issue Of Encouraging Businesses To Support The Effort Of Implementing More Homeless Meters. 5) Discussion Regarding Fine Schedules And Enforcement Of The City Of Miami Beach Code Provisions For Police And Fire False Alarms, Implementing Additional Fines For False Alarms, And Contracting With An Outside Entity For Billing And Collection Services For False Alarm Fees. 6) Discussion Regarding The Florida's Safe Routes To School Program (FLSRTS). 7) Discussion Regarding FCWPC Travel Channel's Proposal To Film A Documentary With Miami Beach. 8) Discussion Regarding Bayfront To Miami Ferry And A Proposal To Rent The Old Pilot House South Of Miami Beach Marina. C7 -Resolutions C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Take The Following Actions: 1) Submit A Grant Application To The Nora Roberts Foundation For Funding, In The Approximate Amount Of $40,000, For Books And Electronic Readers (E-Readers) For The City's Parent-Child Home Program; 2) Negotiate And Execute A Contract Renewal With The Children's Trust For The Youth Development Program For Funding, In The Approximate Amount Of $100,000, For The City's Morning All Stars Program; 3) Submit An Application To The Robert Wood Johnson Foundation Annual RWJF Roadmaps To Health Prize, To Provide Medical Attention To The Underserved And Uninsured Children Of Our Communities, And Further, Retroactively Approving The Following: 4) Submittal Of An Application To The Code For America Program For A Web Development Team To Evaluate And Implement Web And Mobile Applications; 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 The Aforestated 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 The Recommendation Of The City Manager, Pursuant To Request For Qualifications (RFQ) No. 022-2013TC, For A Construction Manager At Risk Firm To Provide Pre- Construction Services And Construction Phase Services Via A Guaranteed Maximum Price (GMP) Amendment For The Scott Rakow Youth Center Ice Skating Rink, Mechanical Repairs, And Building Renovations; And Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm, Thornton Construction Company, Inc.; And Should The Administration Not Be Able To Successfully Negotiate An Agreement With The Top-Ranked Firm, Authorizing The Administration To Negotiate With The Second-Ranked Firm, Lynx Construction Management, LLC; And Further Authorizing The Mayor And City Clerk To Execute An Agreement For Pre- Construction Services. (Capital Improvement Projects/Procurement) 6 6 Commission Agenda, May 8, 2013 C7-Resolutions (Continued) C7C A Resolution Approving The City's Federal Legislative Agenda For The First Session Of The 1131h Congress. (Intergovernmental Affairs) C7D A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Amendment To The Contract Between The City Of Miami Beach And Peterson's Harley Davidson Of Miami, LLC, Dated January 27, 2011, For The Lease Or Purchase Of Police Motorcycles, In The Estimated Annual Amount Of $99,000; Said Amendment Approving The First Year Renewal Option Of The Contract, And Further Amending Section 2.2 Thereof (Terms) To Allow Subsequent Renewal By The City Manager. (Fleet Management) C7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 2, To The Existing Professional Services Agreement Between The City Of Miami Beach And Schwebke-Shiskin & Associates, Inc., For Additional Resident Project Representative And Supplemental Construction Administration Services, For The Venetian Islands Bid Package 13C Right-Of-Way Neighborhood Improvement Project; Said Amendment In The Negotiated Not-To- Exceed Amount Of $349,957; With Previously Appropriated Funding In The Capital Budget From The Following Funds: $181 ,492 From Fund 384 -2003 GO Bonds -Neighborhood Improvements; $100,491 From Fund 427-Stormwater Enterprise Fund; And $67,974 From Fund 420-W&S GBL Series 2010. (Capital Improvement Projects Office) C7F A Resolution Adopting Revised Administrative Guidelines For Utility Billing Deposits, Shut-Offs And Payment Plans As Recommended By The Finance And Citywide Projects Committee. (Finance Department) C7G A Resolution Approving The Purchase Of Eight (8) Budgeted Replacement Vehicles, In The Amount Of $191 ,681.26, Utilizing Florida State Contract Number 071-000-13-1. (Fleet Management/Procurement) C7H A Resolution Approving A Memorandum Of Agreement (MOA) Between The City, On Behalf Of The Miami Beach Fire Department, And The United States Coast Guard Base In Miami Beach, For The Purpose Of Providing Fire Protection And Emergency Services To The Coast Guard Base, Located At 100 Macarthur Causeway, Miami Beach, And Any Moored Cutters And Small Boats. (Fire Department) 7 7 Commission Agenda, May 8, 2013 C7 ·Resolutions (Continued) C71 A Resolution Waiving, By 5/7th Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Approving The Purchase Of One (1) Ford Taurus From Bartow Ford, In The Amount Of $22,056; One (1) Ford F-350 Truck From Alan Jay Ford, In The Amount Of $24,942; And One (1) Ford F-150 Truck From Duval Ford, In The Amount Of $18,504; From Contract No. 12-20-0905, With The Florida Sheriffs Association. (Fleet Management) C7J A Resolution Accepting The Donation Of A Canine From The Miami Beach K-9 Knights, For A Specially Trained Canine That Will Be Utilized By The Miami Beach Police Department Operations Division Canine Squad, Which Shall Be Used For The Detection, Tracking And Apprehension Of Subjects Involved In Criminal Activity. (Police Department) C7K A Resolution Authorizing The City Manager And City Clerk To Execute A Memorandum Of Understanding Between The City Of Miami Beach, On Behalf Of The Miami Beach Police Department, And The Federal Bureau Of Investigation, South Florida Violent Crime Fugitive Safe Streets Task Force, Which Serves The Purpose Of Identifying And Prosecuting Criminal Enterprise Groups Or Individuals Responsible For Violent Crimes, And The Apprehension Of Dangerous Fugitives. (Police Department) C7L A Resolution Approving The Vacation Of An Existing City Utility Easement, Located On The Private Residential Property At 118 West Dilido Drive (The Property), And Accepting A New Utility Easement From Mary Carpenter, The Owner Of The Property, For The Construction, Installation, Maintenance, Repair, And Replacement Of A New Fifteen-Inch (15") Stormwater Outfall Pipe. (Public Works) C7M A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Landscape And Irrigation Maintenance Memorandum Of Agreement With The Florida Department Of Transportation, For The Relocation Of Landscape Along State Road A1A/Indian Creek Drive, From 42nd Street To 44th Street, As Part Of The State Road A1A/Indian Creek Drive Project, From 42nd Street To 44th Street And State Road A1A/Collins Avenue/Indian Creek Drive Project Along 43rd Street. (Public Works) 8 8 Commission Agenda, May 8, 2013 C7 ·Resolutions (Continued) C7N A Resolution Approving The Grant Of Three (3) Easements To The Florida Department Of Transportation (FOOT) For The Construction, Installation, Maintenance, Repair, And Replacement Of: 1) A Stormwater Pump Station And Associated Infrastructure On West Avenue At 6th Street; 2) A Stormwater Pump Station And Associated Infrastructure At The Western Terminus Of 10th Street; And 3) A Stormwater Pump Station And Associated Infrastructure At The Western Terminus Of 14th Street; Provided, However, That The Aforestated Grant Is Subject To And Contingent Upon Successful Negotiation Of The Final Easement Agreements Between The City And FOOT, Which Easement Agreements, If Successfully Negotiated And Finalized, Shall Be Subject To Final Approval By The City Manager And City Attorney; Further Authorizing The Mayor And City Clerk To Execute The Final Easement Agreements, If And When Finalized. (Public Works) C70 A Resolution Further Extending On A Month-To-Month Basis The Management And Operating Agreements Between The City And The Market Company For The Operation Of The Green Markets On Lincoln Road And Normandy Isle; And The Management And Operating Agreement Between The City And Production Sud, Inc., For The Operation Of The Antique And Collectibles Market On lincoln Road, Until Such Time That A Request For Proposals (RFP) Process Results In The Selection And Execution Of New Contract Or Contracts For The Management And Operation Of Street Markets In Miami Beach At Various Locations. (Real Estate, Housing & Development) C7P Setting of the Public Hearing -Alton Road Historic District Buffer Overlay A Resolution Setting A Public Hearing To Consider An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay Districts," Creating Division 8 "Alton Road -Historic District Buffer Overlay," By Including Section 142-858 "Location And Purpose," And Section 142-859 "Development Regulations," Including Among Other Provisions Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum Setbacks; Building Separation; Demolition Or Additions To Contributing Buildings In An Historic District; And Land Use Regulations For Location Of Retail Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq. Ft.; And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance; Providing For Codification; Repealer; Severability; And An Effective Date. (Requested by Vice-Mayor Jonah Wolfson) (Legislative Tracking: Planning Department) End of Consent Agenda 9 9 Commission Agenda, May 8, 2013 REGULAR AGENDA R2 · Competitive Bid Reports R2A Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 060-2013TC, For The Sunset Harbour Pump Stations Retrofit And Drainage Improvements; Authorizing The Mayor And City Clerk To Execute An Agreement With Lanzo Construction Co., Florida; In The Amount Of $1,854,963.40 For The Construction Of The Project, Plus Approve A Project Contingency Of 10% For A Not-To-Exceed Grand Total Of $2,040,459.74; Further Authorizing The Administration To Engage In Value Engineering To Further Reduce The Cost And Time For Completion Of Said Project. (Public Works/Procurement) R2B Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 013-2013TC, For The FEMA Impact Window Replacement Project; Authorizing The Mayor And City Clerk To Execute An Agreement With Sunryse Construction Services, Inc.; In The Amount Of $1,012,451.41, For The Construction Of The Project, Plus Approve A Project Contingency Of 10% For A Not-To-Exceed Grand Total Of $1, 113,696.55; Further Authorizing The Administration To Engage In Value Engineering To Further Reduce The Cost And Time For Completion Of Said Project. (Property Management/Procurement) R5 -Ordinances R5A 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. 10:15 a.m. Second Reading Public Hearing (Requested by Neighborhood/Community Affairs Committee) (Legislative Tracking: Tourism & Cultural Development) (First Reading on April 17, 2013) R5B An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Section 10-11, Entitled "Running At Large Prohibited," By Extending The Pilot Program Off-Leash Area For Dogs In South Pointe Park Through And Including 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. 10:30 a.m. Second Reading Public Hearing (Requested by the City Commission) (Legislative Tracking: Parks & Recreation) (First Reading on April 17, 2013) 10 10 Commission Agenda, May 8, 2013 R5 ·Ordinances (Continued) R5C CD-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, CD-2 "Commercial, Medium Intensity District," By Permitting "Self-Storage Warehouses" As A Conditional Use In This Zoning District; Providing For Repealer, Severability, Codification And An Effective Date. 10:45 a.m. Second Reading Public Hearing (Requested by Commissioner Jerry Libbin) (Legislative Tracking: Planning Department) (Continued from April 17, 2013/Referred to LUDC) R5D 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. 11 :00 a.m. Second Reading Public Hearing 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. 11:00 a.m. Second Reading Public Hearing (Requested by Commissioner Jerry Libbin) (Legislative Tracking: Procurement) (First Reading on April17, 2013) R5E An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 54, Entitled "Floods," By Amending Article II, Entitled "Floodplain Management," By Amending Division 1, Entitled "Generally," By Amending Section 54-35, Entitled "Definitions" By Amending And Deleting Certain Definitions Therein; By Amending Division 2, Entitled "General Provisions," By Amending Section 54-38, Entitled "Designation Of Floodplain Administrator" To Designate The Building Official, Instead Of The Building Director, As The Floodplain Administrator; By Amending Division 3, Entitled "Administration," By Amending Section 54-45, Entitled "Permit Procedures" And Section 54-46, Entitled "Duties And Responsibilities Of The Building Director Or Designee" To Change All Building Director References Therein To The Floodplain Administrator; Amending Division 4, Entitled "Provisions For Flood Hazard Reduction"; By Amending Section 54-47, Entitled "General Standards," Section 54-48, Entitled "Specific Standards," And Section 54-49, Entitled "Specific Standards For A-Zones Without Base Flood Elevations And Regulatory Floodways" To Modify Certain Flood Hazard Reduction Provisions; By Deleting Section 54-50, Entitled "Standards For A-0 Zones"; By Amending Division 5, Entitled "Variance Procedures," To Change All Building Director References Therein To The Floodplain Administrator; And Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Requested by Mayor Matti Herrera Bower) (Legislative Tracking: Building Department) 11 11 Commission Agenda, May 8, 2013 RS -Ordinances (Continued) R5F An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 62, Entitled "Human Relations," By Amending Article Ill, Entitled "Domestic Partnerships," By Amending Section 62-128, Entitled "Employment Benefits" To Add Section 62-128(d) To Provide Tax Equity To City Employees With Domestic Partners Enrolled In The City's Health And Dental Plans Who Currently Bear A Disproportionate Tax Burden Over That Of Their Married Counterparts. First Reading (Requested by Commissioner Michael Gongora) (Legislative Tracking: Human Resources) R5G Sunset Harbour Residential Parking Requirements An Ordinance Amending The Code Of The City Of Miami Beach, Florida By Amending Chapter 130, "Off-Street Parking," Article II "District; Requirements," Section 130-33 "Off-Street Parking Requirements For Parking Districts Nos. 2, 3, 4 And 5," By Amending The Parking Requirements For Sunset Harbour Parking District No. 5 For Residential And Live-Work Type Uses; Providing For Codification; Repealer; Severability; Applicability; And An Effective Date. First Reading (Requested by the Land Use & Development Committee) (Legislative Tracking: Planning Department) R5H Accessory Setback Encroachments An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, Entitled "Zoning Districts And Regulations," By Amending Article IV, "Supplementary District Regulations," Section "142-1132" To Modify The Setbacks For Allowable Encroachments Including Driveways, Carports And Mechanical Equipment; By Amending Section "142-1133" To Modify The Setback Requirements For Swimming Pools And The Requirements For The Construction Of Swimming Pools On Corner And Thru Lots Within Single Family Districts; Providing For Codification; Providing For Repealer, Severability And An Effective Date. First Reading (Requested by the Land Use & Development Committee) (Legislative Tracking: Planning Department) R51 Minimum Unit Sizes For Historic Hotels And RM-2 Tower Setbacks An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," By Amending Article II, "District Regulations," By Amending Division 3, "Residential Multifamily Districts," By Amending Section "142-155" To Modify The Requirements For Minimum Hotel Room Size For Historic Hotels Within The RM-1 District; By Amending Section "142-217" To Modify The Requirements For Minimum Hotel Room Size For Historic Hotels Within The RM~2 District; By Amending Section "142-218" To Modify The Tower Setback Requirements Within The RM-2 District; By Amending Section "142-246" To Modify The Requirements For Minimum Hotel Room Size For Historic Hotels Within The RM-3 District; Providing For Codification; Repealer, Severability And An Effective Date. First Reading (Requested by the Land Use & Development Committee) (Legislative Tracking: Planning Department) 12 12 Commission Agenda, May 8, 2013 RS-Ordinances (Continued) R5J Alton Road Parking District No. 6 An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 130 Off-Street Parking, Article II "Districts; Requirements," Section 130-31 "Parking Districts Established," Creating A New Parking District No. 6, And Section 130-33 "Off-Street Parking Requirements For Parking Districts Nos. 2, 3 And 4," By Adding New Parking Regulations For Parking District No. 6, For Properties With A Lot Line On Alton Road From 5th Street To Dade Boulevard, Including A Reduction In Off-Street Parking Requirements For Certain Land Uses And Bicycle Parking Requirements; Providing For Codification; Repealer; Severability; And An Effective Date. First Reading (Requested by Vice-Mayor Jonah Wolfson) (Legislative Tracking: Planning Department) R7 -Resolutions R7A A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No.3 To That Certain Retail Lease Agreement By And Between The City Of Miami Beach, The Miami Beach Redevelopment Agency (Collectively, Lessor), And Penn 17, LLC (Lessee), Dated September 16, 2011, Involving The Lease Of Approximately 7,655 Square Feet Of Ground Floor Retail Space At The Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; 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) (Continued from April17, 2013) R7B A Resolution Granting A Revocable Permit To Ungar-Marshall Company (Applicant), As The Owner Of The Retail Property Located At 1100 Lincoln Road (The GAP Store), Following A Duly Noticed Public Hearing, To Allow For The Placement And Maintenance By Applicant Of The Following Encroachments Into The Public Rights Of Way Adjacent To The Property: 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') Above The Sidewalk. 11:15 a.m. Public Hearing (Public Works) R7C A Resolution Adopting And Appropriating The Third Amendment To The Police Confiscation Trust Budget For Fiscal Year 2012/2013 In The Amount Of $95,000, To Be Funded From The State Confiscated Funds. 11:30 a.m. Public Hearing (Requested by Commissioner Jerry Libbin) (Legislative Tracking: Police Department) 13 13 Commission Agenda, May 8, 2013 R7 -Resolutions (Continued) R7D A Resolution Waiving, By 5/7th Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Approving The Purchase Of One (1) Pierce Custom Pumper Fire Engine From Pierce Manufacturing, Inc., In The Amount Of $720,1 06.90; From Contract No. 11-10-1202, With The Florida Sheriffs Association. (Fleet Management/Procurement) R9 -New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk's Office) R9A1 Board And Committee Appointments-City Commission Appointments. (City Clerk's Office) R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30p.m.) R9C Update On The Miami Beach Convention Center Project. (City Manager's Office) R9D 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) (Not Reached on April 17, 2013) 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) (Not Reached on Apri117, 2013) R9F 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) (Not Reached on April 17, 2013) R9G Discussion Regarding A Resolution Pursuant To City Code Section 118-591 Declining To Pursue The Proposed Designation Of 42 Star Island Drive As An Historic Site. (Requested by Vice-Mayor Jonah Wolfson) 14 14 Commission Agenda, May 8, 2013 R9 -New Business and Commission Requests (Continued) R9H Discussion Regarding An Update And Status Of The Hibiscus Island RFQ Involving The Undergrounding Of Overhead Utilities Plus Street And Drainage Improvements. (Requested by Commissioner Jorge R. Exposito) R91 Discussion Regarding A Resolution Waiving Space Rental Charges In An Amount Not To Exceed $7,900.00 At The Colony Theatre For The Film Life Foundation, A Non-Profit Which Is Producing The American Black Film Festival, For The Festival's Events To Be Held June 19-23, 2013. (Requested by Mayor Matti Herrera Bower) R9J Discuss Authorizing Funding For The City's Proportionate Share Of The Estimated $62,000, As Recommended By The Finance And Citywide Projects Committee, For A Full Time Registered Nurse With Benefits Subject To The Other Neighboring Municipalities Also Contributing Their Share Of The Expenses, To Benefit North Beach Elementary, Treasure Island Elementary, And Ruth K. Broad Bay Harbour Elementary. (Requested by Commissioner Jerry Libbin) R10-City Attorney Reports R 1 OA City Attorney's Status Report. (City Attorney Office) Reports and Informational Items 1. Reports and Informational Items (see LTC No. 158-2013) 2. List of Projects Covered by the Cone of Silence Ordinance (LTC No. 142-2013). (Procurement) End of Regular Agenda 15 15 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON MBTV 77, AND ARE AVAILABLE IN THE CITY CLERK'S OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 9:00 A.M. GENERALLY THE CITY COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST. 1. DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is split into two {2) sessions, 12:30 p.m. and 5:30p.m., or as soon as possible thereafter, provided that the Commission Meeting has not already odiourned 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 ore 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, F! 33139, briefly outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment may be scheduled to discuss the matter with a member of the City Manager's staff. "Requests for Agenda Consideration 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 later than noon on Monday of the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package. Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to those subjects included in their written requests. 4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on ilem(s)listed on the Agenda, other than public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of the City Clerk, 1700 Convention Center Drive, telephone {305)673-7 411, before 5:00 p.m., no later than the day prior to the Commission meeting and give their name, the Agenda item to be discussed, and if known, the Agenda item number. 5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they are specifically interested, and persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their views. When there are scheduled public hearings on an Agenda item, IT IS NOT necessary to register at the City Clerk's Office in advance of the meeting. All persons wishing to speak at a public hearing may do so and will be allowed sufficient time, within the discretion of the Mayor, to present their views. 6. If a person wishes to address the Commission on an emergency matter, which is not listed on the Agenda, there will be a period allocated at the commencement of the Commission Meeting when the Mayor calls for additions to, deletions from, or corrections to the Agenda. The decision as to whether or not the matter will be heard, and when it will be heard, is at the discretion of the Mayor. On the presentation of an emergency matter, the speaker's remarks must be concise and related to a specific item. Each speaker will be limited to three minutes, or for a longer or shorter period, at the discretion of the Mayor. F:\CLER\CLER\CITYCLER\sutnick. v21 .doc 16 Ml 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 Beoch.docx 17 .... _.. .. .. --:---·---.----:::---:-----::-:--~---··-------.,----c- Paul Diamond RobertS. Wennett 10/23.2012 No compensation ----Victor Diaz RobertS. Wennett 11/20/2012 No compensation Lucia Dougherty Portman Holdings/CMC Group 04/05/2012 $700 ·per hour Pamela Friedlander RobertS. Wennett 03/21/2013 Not available Alfredo Gonzalez Robert Goodman 04/05/2012 $450 per hour +-=---· ····--t-----::-:-:-::-=--:---:-::----1----:o---::----:--Portman Holdings/CMC Group, Inc. ·-- Portman/CMC -------+------07/06/2012 -----:-;---- $3,000 per month ·------+-::----:---,::·· ··-:-----:--:----:----t---::-:-:-::-:::-:-::-=-c Jack Hartog Douglas Conner, Centerplate, Inc. 04/03/2013 $345 per hour '-_-,.......... ···.....,.-;--·--+--:--·,--,-,-----,----+----::-·:-: Alexander Heckler Jonathan Kurry-Turnberry Lincoln 04/30/2012 $300 -$400 per hour -----· -------~~--~---~~=----~--~----·----Marcelo Llorente Philip Goldfarb/CEO Fontainebleau ·-12/05/2011 $7,500 per month Wayne Pathman CConnecMB 06/03/2012 $450 per hour Aaron Perry MB Chamber of Commerce 01/15/2013 No compensation David Rothenberg RobertS. Wennett 01/29/2013 Not applicable David Sacks CConnecMB 06/03/2012 $375 per hour Roberto Sanchez Aramark 09/12/2012 $1,500 retainer Lyle Stern Kim Sinatra -Development Assoc. 11/10/2011 No compensation Dan Tishman Robert S. Wennett 12/21/2012 No compensation ~-~---~~~~-~~~~-~~~~~~~~~~~~~·~==~~~~~~----------~ Updated 5/1/2013 2:16:49 PM F:\CLER\COMMON\2013\05082013\LOBBYIST LIST.Docx 18 PA PRESENTATIONS AND AWARDS ""0 )> Presentations and Awards PA 1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For April 2013. (Requested by Commissioner Jorge R. Exposito) PA2 Presentation To The City Commission From The Office Of The Citizens Independent Transportation Trust, Announcing The 2013 Transportation Summit For Miami-Dade County On June 6, 2013. (Public Works) PA3 Presentation On The State Of The Travel And Tourism Industry By William Talbert, President & CEO Of The Greater Miami Convention & Visitors Bureau And Recognition Of National Travel And Tourism Week. (Requested By Mayor Matti Herrera Bower) PA4 Proclamation To Be Presented Declaring May 4-12, 2013 As "National Tourism Week" In The City Of Miami Beach. (Requested by Mayor Matti Herrera Bower) PAS Certificates Of Recognition To Be Presented To The Students And Staff Of Miami Beach Public And Private Schools. (Requested by Mayor Matti Herrera Bower) PA6 Certificate Of Recognition To Be Presented To Rachel Castillo For Her Act Of Kindness In The Return Of $36,000 Found By Her And Belonging To A Senior Citizen. (Requested By Vice-Mayor Jonah Wolfson & Commissioner Oeede Weithorn) PA7 Proclamation To Be Presented To Maria Laria For Her Dedication And Commitment To Miami Beach. (Requested by Commissioner Michael Gongora) Agenda Item PA /-7 Date '5--g-(} 20 THIS PAGE INTENTIONALLY LEFT BLANK 21 C2 COMPETITIVE BID REPORTS 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. Supporting Data (Surveys, Environmental Scan, etc.): N/A 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 al1800 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 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). Sections II through V of the attached RFP provides the Minimum Qualifications, Scope of Services, Submittal Requirements, and Evaluation Criteria and Process for this project. THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND THE CITY COMMISSION APPROVE THE ISSUANCE OF THE RFP. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: Amount 1 2 3 I I 4 5 OBPI Total Financial Impact Summary: islative Trackin F:\T _Drive\AGENDA\2013\May 8\Public Safety Radio System Consultant RFP Summary.doc 23 Account AGENDA ITEM ----'=C-:'~""-'4':-L--= DATE )-8' -/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 City Commission FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 SUBJECT: REQUEST FOR APPROVAL T ISSUE A REQUEST FOR PROPOSALS (RFP) TO SECURE THE SER ICES 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 (10) 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 24 Public Safety Radio System Consultant RFP Commission Memorandum May 8, 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. Sections II through V of the attached RFP provides the Minimum Qualifications, Scope of Services, Submittal Requirements, and Evaluation Criteria and Process for this project. CONCLUSION The Administration recommends that the Mayor and the City Commission approve the issuance of the RFP. JLM/PDW/GG/AS F:\T _Drive\AGENDA\2013\May 8\Public Safety Radio System Consultant RFP Memo.doc 25 REQUEST FOR PROPOSALS (RFP) RFP 1 85-20 13LR P25 Mobile Radio System Consulting Services (9 MiAMI BEACH PROCUREMENT DIVISION, 3Ro Floor 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7 490 26 (9 MIAMIBEACH RFP 185-2013 P25 MOBILE RADIO SYSTEM CONSULTING SERVICES TABLE OF CONTENTS Section I Overview &. Proposal Procedures .......................... . 3 Section II Minimum Qualifications Requirements ................... . 6 Section Ill Scope of Services ................................................. . 6 Section IV Proposal Format .................................................... . 7 Section V Evaluation/Selection Process ................................. . 8 Section VI Special Terms&. Conditions: Insurance ................. . 9 Section VII Appendices: A -Proposal Certification, Questionnaire &. .. .. .. .. .. .. .. 1 0 Requirements Affidavit (Under Separate Cover) B-Contractor Client Survey .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. 17 27 (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, 1'/WW.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786-394-4006 PUBLIC NOTICE Sealed proposals, as detailed herein, will be received until3:00 PM on, June 7, 2013, at the following address: City of Miami Beach City Hall Procurement Division -Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 BEACH ANY PROPOSAL RECEIVED AFTER 3:00 PM ON THE PROPOSAL DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING PROPOSALS BEFORE THE STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE PROPOSER. THE CITY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY OTHER ENTITY OR OCCURRENCE. The City utilizes PublicPurchase for automatic notification of bid opportunities and document fulfillment, including the issuance of any addendum to this RFP. This system allows vendors to register online and receive notification of new bids, addendums and awards. Registration is available through www.publicpurchase.com. Any prospective proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure receipt of any addendum issued to this RFP. Prospective proposers are solely responsible for assuring they have received any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. Proposers are hereby advised that this RFP is subject to the following ordinances/resolutions, which may be found on the City of Miami Beach website: www.miamibeachfl.gov/procurement. • CONE OF SILENCE--ORDINANCE NO. 2002-3378 • PROTEST PROCEDURES--ORDINANCE NO. 2002-3344. • DEBARMENT PROCEEDINGS--ORDINANCE NO. 2000-3234 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES--ORDINANCE NO. 2002-3363. • CAMPAIGN CONTRIBUTIONS BY VENDORS-ORDINANCE NO. 2003-3389. • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS - ORDINANCE NO. 2005-3494 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS-ORDINANCE NO. 2011-3747. • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE- CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES-ORDINANCE NO. 2011-37 48. • CODE OF BUSINESS ETHICS--RESOLUTION NO. 2000-23879. All questions or requests for clarifications must be received by the procurement contact named above no later than five (5) calendar days prior to the scheduled RFP due date. The City Clerk, rafaelgranado@miamibeachfl.gov, must copied on any question or comment submitted in response to this RFP. All responses to questions/clarifications will be sent to Proposers in the form of a written addendum. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL PROPOSALS. Sincerely, Alex Denis, CPPO Procurement Director 28 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfLgov PROCUREMENT Division I el: 305.673.7 490 Fax: 786.394.4006 ~OT/CE OF NO RESPONSE If not submitting a Proposal at this time, please detach this sheet from the RFP documents, complete the information requested, and return to the address listed above. NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: _ Not responding due to workload issues _ Not responding due to minimum qualifications requirements _ Not responding due to scope of services _ Not responding due to project's size and/or complexity _OTHER. (Please specify)----------------- Note: Failure to respond, either by not submitting a proposal or this completed form, may result in your company being removed from the Ci!y's bid list. We do do not ___ want to be retained on your mailing list for future proposals for the type or product and/or service. Signature: Title:--------------- Company: ________________________ __ Feedback The City of Miami Beach is interested in continuously improving the process through which it acquires required goods and services. Your feedback is important. Please provide any comments or suggestions which may assist the City in this endeavor, including information on requirements, timelines, and solicitation forms. • 21 RFP 1B5-2o13~ P25 M~bile .. Radio System Co~sulting Service~" ' 29 SECTION I ·OVERVIEW AND PROPOSAL PROCEDURES A. INTRODUCTION I BACKGROUND The City of Miami Beach (the "City") 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 (10) 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. Through this RFP, the City seeks proposals from qualified consultants that can assist the City in determining ways to achieve compliance by the narrow-banded 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. B. RFP TIMET ABLE The tentative schedule for this RFP is as follows: r= RFP Issued May 13, 2013 ~~~----··-Pre-Proposal Meeting May 22, 2013 Deadline for Receipt of Questions June 7, 2013 Proposals Due June 17, 2013 --Evaluation Committee-Review To Be Determined Tentative Commission Approval Authorizing Negotiations September 11, 2013 (Commission does not meet in August) Contract Negotiations Following Commission Approval ---· - C. PROPOSAL SUBMISSION DUE DATE An original and ten (1 0) copies of complete Proposals, plus one electronic copy (CD or fiash drive), must be received no later than 3:00 p.m. on the dated stated in Section 1(B), at the following address: City of Miami Beach City Hall Procurement Division ··Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 The original and all copies, including the electronic copy, must be submitted to the Procurement Division in a sealed package clearly noted with the Proposer's name, address, and RFP number and title. No facsimile, electronic, or e·mail Proposals will be considered. THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP, ON OR BEFORE THE STATED TIME AND DATE, WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE. ANY PROPOSAL RECEIVED AFTER STATED DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED. PROPOSALS RECEIVED AFTER THE RFP DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. "' 3 I RFP 185-2m JLR. P2S Mobile Radio Sy;'tem Consult~g Servic;;s' "''" 30 D. PRE-PROPOSAL SUBMISSION MEETING A Pre-Proposal Submission Meeting will be held on the date noted in Section 1(8) at 10:00 a.m. at the following address: City of Miami Beach City Hall-4th Floor, Manager's Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) (2) Enter the MEETING NUMBER: 8982915# Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in Section E of this RFP expressing their intent to participate via telephone. E. CONTACT INFORMATION Contact: TTelephone: Lourde~ Rodriguez, CP-=-P-=-B ______ _J__:3-=-05::..-.. 673-7000, Extension 6652 Requests for additional information or requests for clarifications must be made in writing to the Procurement Division. Facsimile or e-mail requests are acceptable. Please send all questions and/or requests for clarifications to the contact named above, with a copy to the City Clerk's Office at RafaeiGranado@miamibeachft.gov, no later than the date specified in the RFP timetable. F. RESPONSE TO QUESTIONS & ADDENDUM TO RFP The Procurement contact will issue replies to inquiries and any other corrections or amendments, as he deems necessary, in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations (whether verbal or written), other than those made in this RFP or in any written addendum to this RFP. Proposers should verify with the Procurement Division prior to submitting a Proposal that all addenda have been received. G. CONE OF SILENCE Pursuant to the city's Cone Of Silence Ordinance, as codified in section 2-486 of the City Code, proposers are advised that oral communications between the proposer, or their representatives and 1) the Mayor and City Commissioners and their respective staff; or 2) members of the City's Administrative staff (including but not limited to the City Manager and his staff); or 3) Evaluation Committee members, is prohibited. H. MODIFICATION/WITHDRAWALS OF PROPOSALS A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. I. RFP POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP. J. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. K. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the ProposaL The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). L. FLORIDA PUBLIC RECORDS LAW 31 ~ MIAIV\i BEACH Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1 ), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the Proposals, whichever is earlier. M. NEGOTIATIONS The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to: approved by the City: and executed by the parties. N. PROTEST PROCEDURE Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings established pursuant to the City's bid protest procedures (Ordinance No. 2002-3344), as codified in Sections 2·370 and 2-371 of the City Code. Protests not timely made pursuant to the requirements of Ordinance No. 2002·3344 shall be barred. 0. OBSERVANCE OF LAWS Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. P. DEFAULT Failure or refusal of the successful Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a Proposal before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. Q. CONFLICT OF INTEREST All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (1 0%) percent or more in the Proposer entity or any of its affiliates. R. PROPOSER'S RESPONSIBILITY Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. S. RELATIONSHIP TO THE CITY It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. T. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the constructlon or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. U. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their Proposals, in the event of such non-compliance. V. CONE OF SILENCE 32 ~ This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their Proposal voidable, in the event of such non-compliance. W. DEBARMENT ORDINANCE This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted pursuant to Ordinance No. 200-3234, and as codified in Sections 2-397 through 2-406 of the City Code). X. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. Y. CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. Z. AMERICAN WITH DISABILITIES ACT (ADA) Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673-7000, Extension 2984. AA. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to inftuence him in the discharge of his official duties. SECTION II-MINIMUM QUALIFICATIONS REQUIREMENTS Proposers must meet or exceed the following minimum eligibility requirements to be considered responsive and have its proposal evaluated by the Evaluation Committee: 1. Must have experience providing the services sought through this RFP to governmental agencies. SECTION Ill -SCOPE OF SERVICES The City is issuing this 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. 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 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, and consultant's own expertise, to develop an organized comprehensive scope of requirements. • Work with City to create an RFP 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 assist 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). 6 RFP 185-2013, P25 Mobile Radio System Consulting Services 33 G BEACH In addition to the minimum eligibility requirements established above, the consultant should demonstrate and clearly document the following: • Must have performed similar work for similar organizations before and must demonstrate that the work resulted in awards 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. In the event that the City releases a subsequent RFP for a new public safety communications system, the successful proposer will be precluded from participating. SECTION IV-PROPOSAL FORMAT In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be presented in a three (3) ring binder and should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Submit detailed verifiable information "tt"·m<>hllol ished in Section II. TAB2 ~--~--~~~~-----------------------------------------------, Experience & Qualifications. Qualifications of Proposing Firm. Describe experience and qualificationsof the Proposer in providing the services detailed herein. Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract. Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. Through the information provided in Appendix A, proposer's financial capacity, litigation history, past performance, as well as other factors, may be assessed. ---·-----------·---~-----------------------------------' TAB3 Scope of Services;_&.::_.:.M...:.e.;;_th_o-'-do.o..:l...;_og..,y.___ _________ _ Submit detailed information on how proposer plans to accomplish the required scope of services, including detailed information, as applicable, on proposed solution(s), approach and methodology to project implementation, project timeline and any other factor that may impact the successful completion of the project. Submit a detailed proposed statement of work, categorized by specific deliverables, which will accomplish the required scope of ser~~es in the timeliest manner possible. . . -----~ TAB4 Cost Pro osal ------·---------------. Submit proposed project cost~, categorized by specific deliverables. --------7~~-R~F-P-18-5--2-0-13-.-P-25_M_o_b_ii_~-R-a-di_o_S_ys-te_m __ C_o_ns_u_lti-ng-.-S~~rv-lc-~-s-·~-·-,,.~,-·-·---~·---,------··-··----··-··---· -·-m-------- 34 SECTION V-EVALUATION I SELECTION PROCESS The procedure for response, evaluation and selection will be as follows: 1. The RFP will be issued 2. A Pre-Proposal Submission Meeting with potential Proposers will be conducted. 3. All timely received Proposals will be opened and listed. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the RFP. If further information is desired, Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee will recommend to the City Manager the Proposer or Proposers that it deems to be the best candidate(s) by using the following evaluation criteria: 35 35 Scope of Services and Methodolo 30 Cost Pro osal LOCAL PREFERENCE: The City, through the Procurement Division, will assign an additional five (5) points to Proposers which are a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The City, through 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. 6. The City Manager shall recommend to the City Commission the Proposal or Proposals which he deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation and, if appropriate, approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 8. Negotiations between the City and the selected Proposer(s) will take place to arrive at a mutually acceptable Agreement. If the City Commission has so directed, the City may proceed to negotiate an Agreement with a proposer other than the top-ranked proposer. 9. The final proposed agreement(s) will be presented to the City Commission for approval. 10. If the agreement(s) are approved by the City Commission, the Mayor and City Clerk shall execute the contract(s). after the Proposer (or Proposers) has (or have) done so. BY SUBMITTING A PROPOSAL, ALL PROPOSERS SHALL BE DEEMED TO UNDERSTAND AND AGREE THAT NO PROPERTY INTEREST OR LEGAL RIGHT OF ANY KIND SHALL BE CREATED AT ANY POINT DURING THE AFORESAID EVALUATION/SELECTION PROCESS UNTIL AND UNLESS A CONTRACT HAS BEEN AGREED TO AND SIGNED BY BOTH PARTIES. 35 SECTION VI-SPECIAL TERMS AND CONDITIONS: INSURANCE Insurance Requirements. The successful Proposer(s} shalf obtain, provide and maintain, during the term of the contract, the following types and amounts of insurance, which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a 8+ VI or higher rating in the latest edition of AM Best's Insurance Guide: The successful Proposers' failure to procure or maintain required the insurance program shall constitute a material breach of the contract. Commercial General Liability. A policy including, but not limited to, comprehensive general liability, including bodily injury, personal injury, property damage, in the amount of a combined single limit of not less than $T!E3~. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. • Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. • Comprehensive General Liability (occurrence form}, limits of liability $jl~~;:per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). • Automobile Liability-$F~P each occurrence -owned/non-owned/hired automobiles included. Worker's Compensation. A policy of Worker's Compensation and Employers Liability Insurance, in accordance with worker's compensation, laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by Proposer or City, and shall name the City of Miami Beach, as an additional insured. No policy can be canceled without thirty (30} days prior written notice to the City. The successful Proposer(s) shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the course of the contract. Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed contract. If any of the required insurance coverage contain aggregate limits, or apply to other operations or tenancies of Proposer(s) outside the proposed contract, Proposer(s) shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. Proposer(s) shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. 36 APPENDIX A \I Proposal Certification/ Questionnaire & Requirements Affidavit RFP 185-2013 P25 Mobile Radio System Consultant ~ BEACH PagelO PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 RFP 185-2013LR, P251V37; Radio System Consultant APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT l Sol«ffiOOo No -----SokciWtioi '"'"'" Mobil• R;;illo Sy••m Coo'""''' -~ 185-2013LR . - Procurement Contact: -----Tel: I Email: -~ourdes Rodriguez -·---·-----L-..3::..:0:..:.5..:.-6;..;..7.::...3--'-'7000, Extension 6652 LourdesRogdriguez@miamibeachft.gov I PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain SOLICITATION and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. --------·-FIRM NAME: No of Years in Business: I No of Years in Business Locally: J No. of Employees: OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS ·---FIRM PRIMARY ADDRESS (HEADQUARTERS) CITY: ··-STATE: TELEPHONE No.;-···-~~----· ·-------------- -·------TOLL FREE NO. f-:=-:-.---·-FAX NO.: FIRM LOCAL ADDRESS: CITY: ----STATE: ---PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT ---ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO : - -· ----ACCOUNT REP EMAIL -·--FEDERAL TAX IDENTIFICATION NO: -' . ' The C1ty reserves the nght to seek add1t1onal mformalion from proposer or other source(s}, mcludmg but not hmtted to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. BEACH Page 11 RFP l85-2013LR, P25 Mobile Radio System Consultant 38 2. 3. APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Miami Beach Based (Locl) Vejdor. Is proposer a Miami Beach based firm? __ YES c=J NO SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach, as required pursuant to ordinance 2011-3747, to demonstrate that the Proposer is a Miami Beach Based Vendor. Veteran Owned Business. Is proloser a veteran owned business? L YES c=J NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government. as required pursuant to ordinance 2011-3748. 4. Financial Capacity. Proposers shall submit a Dun & Bradstreet Duns Number (D-U-N-S#). The City may request one or more D&B reports to assess proposer's financial capacity or may request other information (e.g., audited and other financial statements) after proposal submittal in order to assess financial capacity. If firm is not currently registered at D&B, contact D & Bat 1-800·234-3867 to register your company. SUBMITTAL REQUIREMENT: Proposer shall submit Dun & Bradstreet Duns Number (D·U·N·S#): ------------------- Note: The City may require other financial information (e.g., audited financial statements, bonding capacity, credit history, etc.), as part of the solicitation submittal requirements or during the evaluation process, as necessary to evaluate financial capacity. 5. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If "No" litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm, in the past five (5) years. If Proposer has no litigation history or regulatory action in the past 5 years, submit a statement accordingly. 6. References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. Additionally, Proposer shall provide reference with the Contractor Client Survey provided as an attachment to the solicitation, and request that your reference submit the completed survey to directly to the contracting officer named in the solicitation. In order to be considered, surveys must be sent to the Procurement Division directly by the reference. The city will not accept client surveys sent to the Procurement Division by the Proposer. A minimum of three (3) references and client surveys are required. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. Additionally, each reference shall submit Contractor Client Survey included in the solicitation directly to the City. Proposer may attach additional references and ask that additional references submit client surveys as applicable. BEACH Page 12 RFP 185-20 13LR, P25 Mobile Radio System Consultant 39 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT 7. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? CJ YES c=J NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to actlon(s). 8. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non- compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entitles (including your sub-consultants) with a controlling financial interest as defined in ITN. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 9. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement/. 10. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health benefits, and $12. 92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same (in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurement!. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. BEACH Page 13 RFP l85-2013LR, P25 Mobile Radio System Consultant 40 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT A Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? L-J YES c=J NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? c=J YES c=J NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health ·--Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurementf. 12. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm 1--Receipt Receipt Addendum 1 r---· Addendum 2 f--· Addendum 3 Addendum 4 --· Addendum 5 -- Addendu Addendu ~-=± Initial to Confirm Receipt 6 7 Addendu Addendu Addendu m m m m -8 9 10 1-· L._-..... If additiOnal confirmatiOn of addendum IS requrred, submrt under separate cover. G BEACH Page 14 RFP 185-2013LR, P25 Mobile Radio System Consultant 41 Addendum~ Addendum 12 Addendum 13 Addendum 14_1 Addendum 15 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this RFP, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFP is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the partles. Any response to this solicitatlon may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be governed by and construed in accordance with the laws of the State of Florida. Page 15 RFP l85-2013LR, P25 Mobile Radio System Consultant 42 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this I TN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the !TN, and any released Addenda and understand that the following are requirements of this SOLICITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Tille of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: ________________ ___l ___________________________ __ State of FLORIDA On this _day of , 20_, personally appeared before me who County of _ _) stated that (s)he is the of _______ , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of Florida My Commission Expires: ______ _ BEACH Page 16 RFP 185-2013LR, P25 Mobile Rodio System Consultant 43 MIAMI BEACH Appendix B Contractor Client Survey City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7000 ext. 6652, Fax: 786-394-4075 To Whom It May Concern: The City of Miami Beach (City) has implemented a process that collects past performance information on contractors interested in providing service to the City. Your firm has been named by the contractor named below as a current or past client It is kindly requested that you complete this form and submit it directly to the City by the due date noted below. Client surveys received directly from the contractor will not be considered. Contractor: ----------·-------------, 1-:-=--:-:--:-=-:-----·-------·---RFP No.: 185-2013 I RFP Title: P25 Mobile Radio System Qonsultant Client Survey Due Date: City Contact: Submittal Information: June 17, 2013 l __ Lourdes Rodriguez, CPPB 305-673-7000, Extension 2984 lourd esRodrigu ez@m iam ibeach fl.gov City of Miami Beach Procurement Division 1700 Convention Center Drive --~--------------------~----~M~ia~m~iB:~e~a~ch,Borida33139 __ _ Client Name: Dates of Service: Project Value: Project Description: Contractor Performance Evaluation Criteria Score 1 How satisfied -were _you with the [Jroject services QfOVided b~ contractor? 2 How satisfied were you with qualifications and professionalism of the contractor's personnel, subcontractors and agents in completing the project requirements? 3 How satisfied were you with the [!roject comeletion timeline? 4 How satisfied were ~ou with the services erovided by the contr?ctor? How satisfied were you with the approach and methodology utilized by the contractor in 5 completing the agreed to services, including any innovative approach undertaken to achieve Qroj_ect reguirements, within or below costs and within schedule? -~--6 How satisfied were you with the value of the costs paid to the contractor? 7 Overall, how satisfied were you with the services, approach and costs paid to the contractor? _j Additional Comments I Information: BEACH Page 17 RFP 185-2013LR, P25 Mobile Rodio System Consultant 44 COMMISSION ITEM SUMMARY Condensed Title: Request for approval to issue a Request For Proposals (RFP) for Pay-by-Phone services for the City's 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 in real time, including the City's permitting and financial systems. 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 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. The Scope of Services was revised in order to incorporate the comments and suggestions received during the industry review meeting. Sections II through V for the attached RFP provides the Minimum Qualifications, Scope of Services, Submittal Requirements, and Evaluation Criteria and Process for this project. THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND THE CITY COMMISSION APPROVE THE ISSUANCE OF THE RFP. 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: Departmen SP~AD t:\agenda\20 13\april MfAMfBEACH 45 Account City Manager AGENDA ITEM _C'-'-~-.::::8=--:: DATE $-"6-/3 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me City Commission FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 SUBJECT: REQUEST FOR APPRO L 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. BACKGROUND 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. The Scope of Services was revised in order to incorporate the comments and suggestions received during the industry review meeting. Sections II through V for the attached RFP provides the Minimum Qualifications, Scope of Services, Submittal Requirements, and Evaluation Criteria and Process for this project. 46 May 8, 2013 City Commission Memorandum Pay by Phone-RFP Page 2 of 2 CONCLUSION The Administration recommends that the Mayor and the City Commission approve the issuance of a Request For Proposals for Pay by Phone services. JLM/PDW/SF/AD F:IT_Drive\AGENDA\2013\May 8\PayByPhoneRFP ffiemo.docx 47 REQUEST FOR PROPOSALS (RFP) RFP 177·2013ME Parking Pay-by-Phone System <9 MIAMIBEACH PROCUREMENT DIVISION, 3R° Floor 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7 490 48 (9 MIAMIBEACH RFP 177-2013 Parking Pay-by-Phone System TABLE OF CONTENTS Section I Overview & Proposal Procedures .......................... . 3 Section II Minimum Qualifications Requirements ................... . 6 Section Ill Scope of Services ................................................. . 6 Section IV Proposal Format .................................................. .. 7 Section V Evaluation/Selection Process ................................. . 8 Section VI Special Terms & Conditions: Insurance ................ .. 9 Section VII Appendices: A-Proposal Certification, Questionnaire & .. . . .. .. .. . ... 10 Requirements Affidavit (Under Separate Cover} B -Contractor Client Survey ................ ,. . .. . .. .. . .. . .. . 17 49 e MIAMIBEACH City of Miami Beach, 1700 Convention Ce11ter Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fox: 786-394-4006 PUBLIC NOTICE Sealed proposals, as detailed herein, will be received until3:00 PM on, June 7, 2013, at the following address: City of Miami Beach City Hall Procurement Division-Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 BEACH ANY PROPOSAL RECEIVED AFTER 3:00PM ON THE PROPOSAL DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING PROPOSALS BEFORE THE STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE PROPOSER. THE CITY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY OTHER ENTITY OR OCCURRENCE. The City utilizes PublicPurchase for automatic notification of bid opportunities and document fulfillment, including the issuance of any addendum to this RFP. This system allows vendors to register online and receive notification of new bids, addendums and awards. Registration is available through www.publicpurchase.com. Any prospective proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure receipt of any addendum issued to this RFP. Prospective proposers are solely responsible for assuring they have received any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. Proposers are hereby advised that this RFP is subject to the following ordinances/resolutions. which may be found on the City of Miami Beach website: www.miamibeachfl.gov/procurement. • CONE OF SILENCE--ORDINANCE NO. 2002-3378 • PROTEST PROCEDURES--ORDINANCE NO. 2002-3344. • DEBARMENT PROCEEDINGS--ORDINANCE NO. 2000-3234 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES--ORDINANCE NO. 2002·3363. • CAMPAIGN CONTRIBUTIONS BY VENDORS-ORDINANCE NO. 2003-3389. • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS • ORDINANCE NO. 2005-3494 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS-ORDINANCE NO. 2011-3747. • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE- CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES-ORDINANCE NO. 2011-3748. • CODE OF BUSINESS ETHICS--RESOLUTION NO. 2000-23879. All questions or requests for clarifications must be received by the procurement contact named above no later than five (5) calendar days prior to the scheduled RFP due date. The City Clerk, rafaelgranado@miamibeachfl.gov, must copied on any question or comment submitted in response to this RFP. All responses to questions/clarifications will be sent to Proposers in the form of a written addendum. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL PROPOSALS. Sincerely, Alex Denis, CPPO Procurement Director 1 RFP 177-2013, Parking Poy·by-Phone System 50 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305.673.7 490 Fox: 786.394.4006 [ NOTICE OF NO RESPONSE If not submitting a Proposal at this time, please detach this sheet from the RFP documents, complete the information requested, and return to the address listed above. NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: _ Not responding due to workload issues _ Not responding due to minimum qualifications requirements _Not responding due to scope of services _ Not responding due to project's size and/or complexity _OTHER. (Please specify)----------------- Note: Failure to respond, either by not submitting a proposal or this completed form, may result in your company being removed from the City's bid list. We do do not. ___ want to be retained on your mailing list for future proposals for the type or product and/or service. Signature: Title:---------------- Company: _____________________ __ Feedback The City of Miami Beach is interested in continuously improving the process through which it acquires required goods and services. Your feedback is important. Please provide any comments or suggestions which may assist the City in this endeavor, including information on requirements, timelines, and solicitation forms. 2 RFP 177-2013, Parking Pay-by-Phone System 51 SECTION I · OVERVIEW AND PROPOSAL PROCEDURES A. INTRODUCTION I BACKGROUND 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 City believes that the next logical progression is to consider a pay-by-phone (PBP) 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 proposals from qualified providers of PBP systems that enables parking payments for the City's on-street and off-street metered facilities via phone, mobile applications, 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. B. RFP TIMET ABLE The tentative schedule for this RFP is as follows: ,..---------RFP Issued May 13, 2013 Pre-Proposal Meeting May 24, 2013 Deadline for Receipt of Questions June 10, 2013 r--------Proposals Due June 19, 2013 ---------1 Evaluation Committee Review To Be Determined r---· Tentative Commission Approval Authorizing Negotiations September 11, 2013 (Co mmission does not meet in August) Contract Negotiations Following Commission A pproval -----------1 - C. PROPOSAL SUBMISSION DUE DATE An original and ten (1 0) copies of complete Proposals, plus one electronic copy (CD or fiash drive), must be received no later than 3:00 p.m. on the dated stated in Section 1 (B), at the following address: City of Miami Beach City Hall Procurement Division ··Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 The original and all copies, including the electronic copy, must be submitted to the Procurement Division in a sealed package clearly noted with the Proposer's name, address, and RFP number and title. No facsimile, electronic, or e-mail Proposals will be considered. THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP, ON OR BEFORE THE STATED TIME AND DATE, WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE. ANY PROPOSAL RECEIVED AFTER STATED DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED. PROPOSALS RECEIVED AFTER THE RFP DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. D. PRE-PROPOSAL SUBMISSION MEETING A Pre-Proposal Submission Meeting will be held on the date noted in Section 1(8) at 10:00 a.m. at the following address: City of Miami Beach City Hall-4th Floor, Manager's Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) (2) Enter the MEETING NUMBER: 8982915# Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in Section E of this RFP expressing their intent to participate via telephone. 3 RFP 177-2013, Parking Pay-by-Phone System 52 E. CONTACT INFORMATION ----,-,.....,..---,--- 1 Telephone: 305-673-7000, Extension 6558 ---·----~ Email: m~~evez@miamibeachft.gov _____ _ Contact: Maria Estevez Requests for additional information or requests for clarifications must be made in writing to the Procurement Division. Facsimile or e-mail requests are acceptable. Please send all questions and/or requests for clarifications to the contact named above, with a copy to the City Clerk's Office at RafaeiGranado@miamibeachfl.gov, no later than the date specified in the RFP timetable. F. RESPONSE TO QUESTIONS & ADDENDUM TO RFP The Procurement contact will issue replies to inquiries and any other corrections or amendments, as he deems necessary, in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations (whether verbal or written), other than those made in this RFP or in any written addendum to this RFP. Proposers should verify with the Procurement Division prior to submitting a Proposal that all addenda have been received G. CONE OF SILENCE Pursuant to the city's Cone Of Silence Ordinance, as codified in section 2-486 of the City Code, proposers are advised that oral communications between the proposer, or their representatives and 1) the Mayor and City Commissioners and their respective staff; or 2) members of the City's Administrative staff (including but not limited to the City Manager and his staff): or 3) Evaluation Committee members, is prohibited. H. MODIFICATION/WITHDRAWALS OF PROPOSALS A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. I. RFP POSTPONEMENT/CANCELLATION/REJECTION The City may, al its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP. J. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. K. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). L. FLORIDA PUBLIC RECORDS LAW Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the Proposals, whichever is earlier. M. NEGOTIATIONS The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties. N. PROTESTPROCEDURE Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings established pursuant to the City's bid protest procedures (Ordinance No. 2002-3344), as codified in Sections 2-370 and 2-371 of the City Code. 4 RFP 177-2013. Parking Pay-by-Phone System 53 Protests not timely made pursuant to the requirements of Ordinance No. 2002·3344 shall be barred. 0. OBSERVANCE OF LAWS Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. P. DEFAULT Failure or refusal of the successful Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a Proposal before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. Q. CONFLICT OF INTEREST All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (1 0%) percent or more in the Proposer entity or any of its affiliates. R. PROPOSER'S RESPONSIBILITY Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. S. RELATIONSHIP TO THE CITY It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. T. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. U. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their Proposals, in the event of such non-compliance. V. CONE OF SILENCE This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in Section 2-486 of the Clty Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their Proposal voidable, in the event of such non-compliance. W. DEBARMENT ORDINANCE This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted pursuant to Ordinance No. 200-3234, and as codified in Sections 2-397 through 2-406 of the City Code). X. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the 5 RFP 177-2013, Parking Pay-by-Phone System 54 (9 BEACH City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. Y. CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. Z. AMERICAN WITH DISABILITIES ACT (ADA) Call 305-673-7490 to request material in accessible format: sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673-7000, Extension 2984. AA. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. SECTION II-MINIMUM QUALIFICATIONS REQUIREMENTS Proposers must meet or exceed the following minimum eligibility requirements to be considered responsive and have its proposal evaluated by the Evaluation Committee: 1. Proposers shall document at least three (3) municipalities where the proposed system is operational. 2. Software must be compatible with windows current browser, android and apple smart phones. 3. The proposed system must be PC! compliant. 4. The proposed system must be externally hosted software solution. 5. The proposed system must integrate with the City's License Plate Recognition (LPR) Parking Enforcement System. 6. The proposed system must provide the capability to use a separate rate structure for residents and discounted service fees. SECTION Ill -SCOPE OF SERVICES Basic 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 B-$1.00 -10 hr/max purchase at a time However, other rates and/or geographic areas may be added in the future. The proposer shall be responsible for all expenses related to providing a PBP system, including but not limited to, installation, signage, marketing/advertising, etc. Value-Added System Enhancements The City is also seeking alternative solutions for several other programs as add alternates to this RFP. Proposers may 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 equipment. 6 RFP 177-2013, Parking Pay-by·Phone System 55 SECTION IV-PROPOSAL FORMAT In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be presented in a three (3) ring binder and should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Submit detailed verifiable information affirmatively documenting compliance with minimum eligibility requirements established in Section II. TA82 Experience & Qualifications. -. _____ ·---[ Qualifications of Proposing Firm. Describe experience and qualifications of the Proposer in providing the services detailed herein. Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract. Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. Through the information provided in Appendix A. proposer's financial capacity, litigation history, past performance, as well as other factors, may be assessed. TA83 Scope of Services & M=et::..:.ho.:..:d::.=o.:..:lo""g"-y-,-,-..,.,---:--,· Submit detailed information on how proposer plans to accomplish the required scope of services, including detailed information, I as applicable, on proposed solution(s), approach and methodology to project implementation, project timeline and any other factor that may impact the successful completion of the project, including: 1. Basic Services. Clearly address how proposer will achieve the stated basic service requirements, including any technology or infrastructure requirements. ~ 2. Value-Added Services. Clearly address how proposer will achieve the stated value-added services. Proposer may b propose other innovative val~":'dded services related to the scope of this RFP. ----· TA84 Basic Scope of Services ------· · Cost Proposal ~ Submit a clearly itemized cost proposal that includes all costs associated with the scope of this RFP. Cost proposal should be itemized by each phase of project implementation, including all equipment and labor cost associated with each phase, and include a total for the entire project. Any costs that are to be incurred directly by the City (e.g., technology or other acquisition), not included in the proposer's offering, shall be included in the cost proposal. Cost proposals for value-added services should be submitted separately from the basic scope of services, but in a similar manner and detail. -----· --------·------ 7 RFP 177-2013, Parking Pay-by-Phone System 56 ~ IV\if\.MIBEACH SECTION V-EVALUATION I SELECTION PROCESS The procedure for response, evaluation and selection will be as follows: 1 . The RFP will be issued 2. A Pre-Proposal Submission Meeting with potential Proposers will be conducted. 3. All timely received Proposals will be opened and listed. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the RFP. If further information is desired, Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee will recommend to the City Manager the Proposer or Proposers that it deems to be the best candidate(s) by using the following evaluation criteria: 25 45 Scope of Services and Methodolo 30 Cost Proposal LOCAL PREFERENCE: The City, through the Procurement Division, will assign an additional five (5) points to Proposers which are a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The City, through 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. 6. The City Manager shall recommend to the City Commission the Proposal or Proposals which he deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation and, if appropriate, approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 8. Negotiations between the City and the selected Proposer(s) will take place to arrive at a mutually acceptable Agreement. If the City Commission has so directed, the City may proceed to negotiate an Agreement with a proposer other than the top-ranked proposer. 9. The final proposed agreement(s) will be presented to the City Commission for approval. 10. If the agreement(s) are approved by the City Commission, the Mayor and City Clerk shall execute the contract(s), after the Proposer (or Proposers) has (or have) done so. BY SUBMITTING A PROPOSAL, ALL PROPOSERS SHALL BE DEEMED TO UNDERSTAND AND AGREE THAT NO PROPERTY INTEREST OR LEGAL RIGHT OF ANY KIND SHALL BE CREATED AT ANY POINT DURING THE AFORESAID EVALUATION/SELECTION PROCESS UNTIL AND UNLESS A CONTRACT HAS BEEN AGREED TO AND SIGNED BY BOTH PARTIES. 8 RFP 177-2013, Parking Pay-by-Phone System 57 SECTION VI -SPECIAL TERMS AND CONDITIONS: INSURANCE Insurance Requirements. The successful Proposer(s) shall obtain, provide and maintain, during the term of the contract, the following types and amounts of insurance, which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide: The successful Proposers' failure to procure or maintain required the insurance program shall constitute a material breach of the contract. Commercial General Liability. A policy including, but not limited to, comprehensive general liability, including bodily injury, personal injury, property damage, in the amount of a combined single limit of not less than $TBD. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. • Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. • Comprehensive General Liability (occurrence form), limits of liability $TBD per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). • Automobile Liability-$TBD each occurrence -owned/non-owned/hired automobiles included. Worker's Compensation. A policy of Worker's Compensation and Employers Liability Insurance, in accordance with worker's compensation, laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by Proposer or City, and shall name the City of Miami Beach, as an additional insured. No policy can be canceled without thirty (30) days prior written notice to the City. The successful Proposer(s) shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the course of the contract. Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed contract. If any of the required insurance coverage contain aggregate limits, or apply to other operations or tenancies of Proposer(s) outside the proposed contract, Proposer(s) shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. Proposer(s) shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. Parking Pay-by-Phone 58 APPENDIX A Proposal Certification, Questionnaire & Requirements Affidavit RFP 177-2013ME Parking Pay-by-Phone System Page 10 PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 RFP 177-20 13ME, Parking Pay-by-Phone System 59 Solicitation No:-177-2013 ~~ocurement Contact: Maria Estevez PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain SOLICIT AT! ON and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. . -----· -FIRM NAME No of Years in Business: j No of Years in Business Locally: I No. of Employees: OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: --------FIRM PRIMARY ADDRESS (HEADQUARTERS) -CITY: -STATE: -TELEPHONE NO.: --···----------··--- . .. .. TOLL FREE NO. -FAX NO.: -·- FiRMLOCAL ADDRESS: --· CITY: STATE: ---- -PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT ACCOUNT REP TELEPHONE NO.: --ACCOUNT REP TOLL FREE NO.: -------· ·--ACCOUNT REP EMAIL FEDERAL TAX IDENTIFICATION NO l .. The Ctty reserves the nght to seek add1t1onal tnformatton from proposer or other source(s), 1ncludmg but not ilmtted to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. BE/\CH Page 11 RFP l77-2013ME, Parking Pay-by-Phone System 60 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT 2. Miami Beach Based (Local) Vendor. Is proposer a Miami Beach based firm? CJ YES NO 3. SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach, as required pursuant to ordinance 2011-3747, to demonstrate that the Proposer is a Miami Beach Based Vendor. Veteran Owned Business~oser a veteran owned business? L_j YES c::=J NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-37 48. 4. Financial Capacity. Proposers shall submit a Dun & Bradstreet Duns Number (D-U-N-S#). The City may request one or more D&B reports to assess proposer's financial capacity or may request other information (e.g., audited and other financial statements) after proposal submittal in order to assess financial capacity. If firm is not currently registered at D&B, contact D & Bat 1-800-234-3867 to register your company. SUBMITTAL REQUIREMENT: Proposer shall submit Dun & Bradstreet Duns Number (D-U-N-S#):------------------ Note: The City may require other financial information (e.g., audited financial statements, bonding capacity, credit history, etc.), as part of the solicitation submittal requirements or during the evaluation process, as necessary to evaluate financial capacity. 5. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If "No" litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm, in the past five (5) years. If Proposer has no litigation history or regulatory action in the past 5 years, submit a statement accordingly. 6. References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced ln solicitation. Additionally, Proposer shall provide reference with the Contractor Client Survey provided as an attachment to the solicitation, and request that your reference submit the completed survey to directly to the contracting officer named in the solicitation. In order to be considered, surveys must be sent to the Procurement Division directly by the reference. The city will not accept client surveys sent to the Procurement Division by the Proposer. A minimum of three (3) references and client surveys are required. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. Additionally, each reference shall submit Contractor Client Survey included in the solicitation directly to the City. Proposer may attach additional references and ask that additional references submit client surveys as applicable. Page 12 RFP 177-2013ME, Parking Pay-by-Phone System 61 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT 7. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-rrforjance by any public sector agency? c===J YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that I ed to action( s). 8. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and al! sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non- compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in ITN. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 9. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics (''Code") and submit that Code to the Procurement Division with its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement!. 10. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health benefits, and $12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same (in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurementl. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. (9 BEACH Page 13 RFP 177-2013ME, Parking Pay-by-Phone System 62 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? [ j YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? [=~] YES [__ j NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. -BENEFIT Firm Provides for Employees with Spouses -· Health . -----Sick Leave Family Medical Leave ., Bereavement Leave - Firm P s for rovide yees ic Pa Emplo with Domest rtners ---- - --- ----Firm does not Provide Benefit ---- --- ------ If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procuremenll. 12. Public Entity Crimes. Section 287. 133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided ins. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's a-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. ---+":-'A.::..:dd::.::e=nd~m 4_ t Addendum 5 llni Addendum 1-j~- Addendum 2 . Addendum 3 tial to Confirm _Receipt -·- - - Initial to Confirm Receipt Addendum 6 Addendum 7 Addendum 8 ·--Addendum 9 Addendum 10 ------If additional confirmation of addendum is reqUired, subm1t under separate cover. ~ BEACH Page 14 RFP 177-20 13ME, Parking Pay-by-Phone System 63 l Addendum Addendum Addendum Addendum Addendum APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this RFP, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without !imitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFP is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be governed by and construed in accordance with the laws of the State of Florida. Page 15 RFP 177-20 13ME, Parking Pay-by-Phone System 64 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this I TN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the I TN, and any released Addenda and understand that the following are requirements of this SOLICITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: -Signature of Proposer's Authorized Representative: Date: State of FLORIDA On this _day of _____ , 20_, personally appeared before me __ who County of. stated that (s)he is the of ______ , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed, Before me: Notary Public for the State of Florida My Commission Expires:--·---- Page 16 RFP 177-2013ME, Parking Poy-tly-Phone System 65 ··- MIAMI BEACH Appendix B Contractor Client Survey City of Miami Beach, 1700 Conventio11 Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov PROCUREMENT DIVISION Tel: 305-673-7000 ext. 6652, Fax: 786-394-4075 To Whom It May Concern: The City of Miami Beach (City) has implemented a process that collects past performance information on contractors interested in providing service to the City. Your firm has been named by the contractor named below as a current or past client. It is kindly requested that you complete this form and submit it directly to the City by the due date noted below. Client surveys received directly from the contractor will not be considered. Contractor: ] r-R-F=P-N'-o-'-.: -,-18:-::5-=--2~0-1:...::.-3 _________ .-______ -,-______ ·-__ 'l-~=-=F=P-=T,...,itl-e:--::Pc-a·--c::-B-P--h-o-ne-Se-rvices -------·'_] Client Survey Due Date: City Contact: Submittal Information: June 17, 2013 Maria Estevez, CPPB, CPPO City of Miami Beach hCiien!Name 1 Dates of Service: Project Description: 305-673-7000, Extension 2984 Procurement Division LourdesRodriguez@miamibeachfl.gov 1700 Convention Center Drive -----------·tCiien:.""c"'"on-:-ta_ct_: ----- Project Value: ·-----------~ Miami Beach, Florida 33139 ______ j 1---1 2 3 4 1----- 5 6 7 How satisfied were y How satisfied were 0 y Contractor Performance Evaluation -Criteria -u with the proj~_ct services provided by contractor? ou with qualifications and professionalism of the contractor's personnel, subcontractors and ag ents in completing the project requirements? How satisfied W~@ y How satisfied were ::t How satisfied were y 0 0 0 ·-u with the project completion timeline? u with the services provided by the contractor? u with the approach and methodology utilized by the contractor in completing the agre ed to services, including any innovative approach undertaken to achieve project reguirements within or below costs and within schedule? How satisfied were y 0 u with the value of the costs paid to the contractor? ----· Overall, how satisfie d were you with the services, approach and costs paid to the contractor? Additional Comments I Information: f!l! ~! BFACH Page 17 RI'P 177-2013ME, Parking Pay-by-Phone System 66 Score - .. - - 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 Disposal 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 Finance & Citywide Projects Committee (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 sale is anticipated to be completed by July. The Committee recommended presenting this item to Commission with the RFQ so that the City is prepared when the franchise contractor sale is finalized. Sections II through V of the attached RFQ provides the Minimum Qualifications, Scope of Services, Submittal Requirements, and Evaluation Criteria and Process for this project. THE ADMINISTRATION RECOMMENDS APPROVING THE ISSUANCE OF THE RFQ WHEN THE FRANCHISE SALE IS FINALIZED. Advisor Board Recommendation: The FCWPC at its March 21, 2013 meeting made a motion to bring the item to Commission to re uest for the ap_Qroval of the issuance of the RFQ. Financial Information: Source of Amount Account Approved Funds: 1 OBPI Total Financial Impact Summary: J Cit Clerk's Office Legislative :rracki~n.'M.g"'-: -------------------------, Ja J. Fink,_E-'xt_._6.o-31 .. 9'-''-----------------------------------' Si n-Offs: Assista MIAMI BEACH 67 AGENDA fTEM _C;;___;;>..~C. __ DATE £g-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 DATE: May 8, 2013 SUBJECT: REQUEST FOR APPROVAL T ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR A THIRD SOLID WA TE 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. 68 Issuance of a Request for Qualifications for a third Franchise Solid Waste Contractor May 8, 2013 Page 2 of 2 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 presenting the item to Commission 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 wrth 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. Sections II through Vofthe attached RFQ provides the Minimum Qualifications, Scope of Services, Submittal Requirements, and Evaluation Criteria and Process for this project. CONCLUSION The Administration recommends approving the issuance of the RFQ when the franchise sale is fina~iz JGG/ /FRS F:\T_D E\AGENDA\2013\MAY 8\RFQ-WASTE HAULER RFQ-MEMO.DOC 69 REQUEST FOR QUALIFICATIONS (RFQ) R.FQ 178·2013ME WASTE HAULERS G MlAMIBEACH PROCUREMENT DIVISION, 3Ro Floor 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7 490 70 Section I Section II Section Ill Section IV Section V Section VI Section VII ~ MIAMIBEACH RFQ 178-2013 WASTE HAULERS TABLE OF CONTENTS Overview & Proposal Procedures .......................... . Minimum Qualifications Requirements .................. .. Scope of Services ................................................. . Proposal Format .................................................. .. Evaluation/Selection Process ................................ .. Special Terms & Conditions: Insurance ................. . Appendices: 3 6 7 10 12 A -Proposal Certification, Questionnaire & . .. .. .. .. .. . .. 14 Requirements Affidavit (Under Separate Cover} 8 -Contractor Client Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 71 (9 MlAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786-394-4006 PUBLIC NOTICE Sealed proposals, as detailed herein, will be received unti13:00 PM on, June 7, 2013, at the following address: City of Miami Beach City Hall Procurement Division -Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 BEACH ANY PROPOSAL RECEIVED AFTER 3:00 PM ON THE PROPOSAL DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING PROPOSALS BEFORE THE STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE PROPOSER. THE CITY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY OTHER ENTITY OR OCCURRENCE. The City utilizes PublicPurchase for automatic notification of bid opportunities and document fulfillment, including the issuance of any addendum to this RFP. This system allows vendors to register online and receive notification of new bids, addendums and awards. Registration is available through www.publicpurchase.com. Any prospective proposer who has received this RFQ by any means other than through Pub/icPurchase must register immediately with Pub/icPurchase to assure receipt of any addendum issued to this RFP. Prospective proposers are solely responsible for assuring they have received any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. Proposers are hereby advised that this RFQ is subject to the following ordinances/resolutions, which may be found on the City of Miami Beach website: www.miamibeachfl.gov/procurement. • CONE OF SILENCE--ORDINANCE NO. 2002-3378 • PROTEST PROCEDURES--ORDINANCE NO. 2002-3344. • DEBARMENT PROCEEDINGS--ORDINANCE NO. 2000-3234 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES--ORDINANCE NO. 2002-3363. • CAMPAIGN CONTRIBUTIONS BY VENDORS-ORDINANCE NO. 2003-3389. • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS - ORDINANCE NO. 2005-3494 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS-ORDINANCE NO. 2011-3747. • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE- CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES-ORDINANCE NO. 2011-37 48. • CODE OF BUSINESS ETHICS--RESOLUTION NO. 2000-23879. All questions or requests for clarifications must be received by the procurement contact named above no later than five (5) calendar days prior to the scheduled RFQ due date. The City Clerk, rafaelgranado@miamibeachfl.gov, must copied on any question or comment submitted in response to this RFP. All responses to questions/clarifications will be sent to Proposers in the form of a written addendum. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL PROPOSALS. Sincerely, Alex Denis, CPPO Procurement Director 72 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305.673.7490 Fax: 786.394.4006 NOTICE OF NO RESPONSE (e /v\!;\M! BEP..CH If not submitting a Proposal at this time, please detach this sheet from the RFQ documents, complete the information requested, and return to the address listed above. NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: _ Not responding due to workload issues _ Not responding due to minimum qualifications requirements _ Not responding due to scope of services _Not responding due to project's size and/or complexity _OTHER. (Please specify)----------------- Note: Failure to respond, either by not submitting a proposal or this completed form, may result in your company being removed from the City's bid list We do do not'----__ want to be retained on your mailing list for future proposals for the type or product and/or service. Signature: Title:---------------- Company: _______________ ___ Feedback The City of Miami Beach is interested in continuously improving the process through which it acquires required goods and services. Your feedback is important. Please provide any comments or suggestions which may assist the City in this endeavor, including information on requirements, timelines, and solicitation forms. 73 SECTION I· OVERVIEW AND PROPOSAL PROCEDURES A. INTRODUCTION I 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. 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. 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. Section 90, Articles I -V, of the Miami Beach City Code, available at http://library.municode.com/index.aspx?clientld=13097, including all contractor and service requirements, shall apply to any agreement resulting from this RFP. B. RFQ TIMET ABLE The tentative schedule for this RFQ is as follows: --RFQ Issued May 13, 2013 Pre-Proposal Meeting May 22, 2013 Deadline for Receipt of Questions June 7, 2013 --Proposals Due June 17, 2013 ---Evaluation Committee Review To Be Determined Tentative Commission Approval Authorizing Negotiations September 11, 2013 (Commission does not meet in August) Contract Negotiations 1 Following Commission Approval C. PROPOSAL SUBMISSION DUE DATE An original and ten (10) copies of complete Proposals, plus one electronic copy (CD or flash drive), must be received no later than 3:00 p.m. on the dated stated in Section 1 (B), at the following address: City of Miami Beach City Hall Procurement Division ··Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 74 (a MLA.MI BEACH The original and all copies, including the electronic copy, must be submitted to the Procurement Division in a sealed package clearly noted with the Proposer's name, address, and RFQ number and title. No facsimile, electronic, or e-mail Proposals will be considered. THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP, ON OR BEFORE THE STATED TIME AND DATE, WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE. ANY PROPOSAL RECEIVED AFTER STATED DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED. PROPOSALS RECEIVED AFTER THE RFQ DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. 4 D. PRE-PROPOSAL SUBMISSION MEETING A Pre-Proposal Submission Meeting will be held on the date noted in Section 1(8) at 10:00 a.m. at the following address: City of Miami Beach City Hall-4th Floor, Manager's Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) (2) Enter the MEETING NUMBER: 8982915# Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in Section E of this RFQ expressing their intent to participate via telephone. E. CONTACT INFORMATION Contact: Maria Estevez, CPPB, CPPO Telephone: 305-673-7000, Extension 6558 I Email: ----'-'m.:.c:e::.c:s.:..:.te~vez@mlamibeachft .gov Requests for additional information or requests for clarifications must be made in writing to the Procurement Division. Facsimile or e-mail requests are acceptable. Please send all questions and/or requests for clarifications to the contact named above, with a copy to the City Clerk's Office at RafaeiGranado@miamibeachft.gov, no later than the date specified in the RFQ timetable. F. RESPONSE TO QUESTIONS & ADDENDUM TO RFP The Procurement contact will issue replies to inquiries and any other corrections or amendments, as he deems necessary, in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations (whether verbal or written), other than those made in this RFQ or in any written addendum to this RFP. Proposers should verify with the Procurement Division prior to submitting a Proposal that all addenda have been received. G. CONE OF SILENCE Pursuant to the city's Cone Of Silence Ordinance, as codified in section 2-486 of the City Code, proposers are advised that oral communications between the proposer, or their representatives and 1) the Mayor and City Commissioners and their respective staff; or 2) members of the City's Administrative staff (including but not limited to the City Manager and his staff); or 3) Evaluation Committee members, is prohibited. H. MODIFICATION/WITHDRAWALS OF PROPOSALS A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. I. RFQ POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFP; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP. J. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. 75 K. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). L. FLORIDA PUBLIC RECORDS LAW Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the Proposals, whichever is earlier. M. NEGOTIATIONS The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties. N. PROTEST PROCEDURE Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings established pursuant to the City's bid protest procedures (Ordinance No. 2002-3344), as codified in Sections 2-370 and 2-371 of the City Code. Protests not timely made pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 0. OBSERVANCE OF LAWS Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFQ (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. P. DEFAULT Failure or refusal of the successful Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a Proposal before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. Q. CONFLICT OF INTEREST All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (1 0%) percent or more in the Proposer entity or any of its affiliates. R. PROPOSER'S RESPONSIBILITY Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. S. RELATIONSHIP TO THE CITY It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. T. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any .....,.,.., .. n., 5 I RFQ 178-2013, WasteHaulers 76 (e BEACH public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. U. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS This RFQ is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their Proposals, in the event of such non-compliance. V. CONE OF SILENCE This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their Proposal voidable, in the event of such non-compliance. W. DEBARMENT ORDINANCE This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted pursuant to Ordinance No. 200-3234, and as codified in Sections 2-397 through 2-406 of the City Code). X. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. Y. CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest lobbying and ethics provision of the City of Miami Beach and Miami Dade County. Z. AMERICAN WITH DISABILITIES ACT (ADA) Call 305-673-7490 to request material in accessible format sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673-7000, Extension 2984. AA. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. SECTION II -MINIMUM QUAL! FICA TIONS REQUIREMENTS Pursuant to Section 90-229, Miami Beach City Code, the minimum qualifications to be considered in the granting of the franchise 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, and including, without limitation, 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. In the alternative, and at its sole discretion, the city commission may accept as evidence of compliance with this subsection, 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 of the franchise agreement, affiliated with, as a parent subsidiary, by virtue of an interlocking directorate, or otherwise, an affiliated entity of any existing, private waste contractor under section 90- JM, et seq., or other franchise waste contractor under section 90-221, et seq., including any current or prospective applicants therefore. (6) The applicant's ability and commitment to provide its customers with: a. Good service; b. Competitive prices; and c. Demonstrated and/or proposed "green" initiatives. (7) The applicant's ability and commitment to provide additional''public benefit(s)" to the city which may include, without limitation, provision of additional waste collection, disposal, and/or recycling services (at no cost to the city) to city rights-of-way, city-owned public buildings, ~unum 6,1 RFQa.1'7'~u2Q~i3',HW;st;H~~~rS § ru •r ~~·w ~~r ' ~ 1 1 nmsu~~ 77 ~ BEACH 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)lf more than one applicant for a franchise waste contractors license qualifies under the minimum qualifications of this division, the issuance of the franchise shall be determined by the city commission, based upon the applicant which the city commission deems, in its sole and reasonable 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)(7)). SECTION Ill -SCOPE OF SERVICES All scope of services provided in response to any resulting agreement shall comply with the requirements of the Sec. 90-222. • List of accounts. (a) Each franchise waste contractor shall provide the city manager with the following information upon initial application for a franchise and, thereafter, at the commencement of each application for renewal: (1 )A current list of the names and addresses of each account franchise: (2)The frequency of service; (3)The permit number and capacity of each waste dumpster as per account; (4)The permit number and capacity for each recycling container, as per account; (5)The address serviced by each dumpster; and (6)The address serviced by each recycling container. (b) No property owner may share an account with another property owner. (c) Notwithstanding subsection (a)(1 ), the 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. Each franchise waste contractor shall deliver to the finance department, on or before the last day of each month, a true and correct monthly report of gross receipts generated during the previous month from accounts within the city. This monthly report shall include the customer names, service addresses, account numbers, and the actual amount of solid waste and of any recyclable materials collected from each customer. Payments of the franchise fee shall be made monthly to the finance department. on or before the last day of each month, for gross receipts for the previous month. Contractors shall, on or before 60 days following the close of their respective fiscal year, deliver to the finance department a statement of annual gross receipts generated from accounts within the city for the preceding fiscal year, certified by an independent certified public accountant. The contractor's failure to provide the certified statement of annual gross receipts within the required time frame shall be grounds for revocation or suspension of the franchise. Sec. 90-224. • Audit or inspection of licensee's books and records. Each franchise waste contractor shall allow the city's auditors, upon reasonable notice and during normal business hours (i.e. 9:00 a.m. -5:00 p.m. Monday through Friday, excluding legal holidays), to audit, inspect and examine the contractor's books and records, and state and federal tax returns, insofar as they relate to city accounts, to confirm the contractor's compliance with this division. This information shall include, without limitation, the following: billing rates, billing amounts, sequentially pre-numbered invoices, signed receipts, trip tickets, computer records, general ledgers, and accounts receivable. Additionally, the city's auditors may communicate directly with contractor's customers for purposes of confirming compliance with this division. Failure to allow access to any books and records in this section shall be grounds for revocation or suspension of the franchise. Sec. 90·225. ·Failure to pay franchise fee. If a franchise waste contractor fails to pay any franchise fee (as set forth in section 90·221), when due and within the time provided, the contractor shall pay any and all of the city's expenses for collection of same, including, without limitation, audit costs and reasonable attorney fees and costs. If the 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. 90·226. · Evidence of payment. In order to effectively provide for the collection of the required business tax receipts to the city, any person seeking to renew a business tax receipt pursuant to the provisions of chapter 18 shall provide the finance department with evidence of payment of all outstanding solid waste franchise fees, fines, and other charges, as a condition to reissuance or renewal of the business tax receipt. Sec. 90·227. ·Handling of complaints. Each franchise waste contractor shall maintain an office in Miami-Dade County with adequate staff and telephone service to handle and resolve all incoming calls and complaints between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding legal holidays. Between the hours of 4:00 p.m. and 8:00 a.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 noon (12:00 p.m.) shall be resolved before 4:00p.m. of that same day. Complaints received after noon (12:00 p.m.) but before 8:00a.m. shall be resolved before noon (12:00 p.m.) of the following day. An emergency telephone number where the contractor may be reached shall be provided to the city manager or his authorized designee. Sec. 90·228. ·Regulations for servicing dumpsters, compactors and other garbage facilities. 78 ~ BEACH 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, recyclable material container, and any and all other garbage facility(ies) shall be approved by the city manager, or his authorized designee, and a permit will be issued for each. No dumpster, recyclable material container, or any other garbage facility shall be placed or serviced until such permit is issued. Notwithstanding the preceding, in the event any 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 under section 90-221. Contractors shall return dumpsters, recyclable material containers, and any other garbage facilities to approved locations after servicing. Compactors shall not be installed without a permit from the city's building department. Each garbage facility and/or each recycling container must bear the name of the contractor and must be serviced and sanitized at least twice weekly. Garbage facilities or recycling containers located on public property, or without a city permit, shall be deemed abandoned and will be removed by the city at the contractor's expense, pursuant to section 90-331 et seq. Service pickups by trucks are to be made from streets and driveways. Trucks shall not be driven or parked on sidewalks at any time. Contractors may not park any truck on any public or private property within the city when not being used to service accounts. Collection hours for all solid waste or recyclable materials shall be between the hours of 7:00 a.m. and 7:00 p.m. only. All permanent employees of contractors shall carry identification cards, approved by the city manager or his designee, at all time(s) while servicing accounts. In addition to the required solid waste and recyclable materials collection pursuant to the provisions of this section 90-228, and other requirements of this chapter, contractors shall include the collection of garbage, rubbish, trash, and recyclable materials, up to and within that immediate area of the owner's private property line where a dumpster, compactor, recycling container, or garbage facility may be located and, at a minimum, within a radius of ten feet surrounding the location of said recycling container, or garbage facility, regardless of whether such garbage, rubbish, trash, or recyclable materials may or may not be included or secured in a recycling container, or other garbage facility. Such immediate collection of garbage, rubbish, trash or recyclable materials shall be incorporated by contractors as part of their regularly scheduled service pickups. Sec. 90-229. • Selection of franchise waste contractors. (a) Except as provided in section 90-233, the city shall not authorize more than five franchise waste contractors for residential and commercial solid waste collections and disposal. Each applicant for a franchise, or for a renewal thereof, shall submit its qualifications, in writing, to the city manager. The minimum qualifications to be considered in the granting of the franchise 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, and including, without limitation, 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. In the alternative, and at its sole discretion, the city commission may accept as evidence of compliance with this subsection, 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 of the franchise agreement, affiliated with, as a parent, subsidiary, by virtue of an interlocking directorate, or otherwise, an affiliated entity of any existing, private waste contractor under section 90-191, et seq., or other franchise waste contractor under section 90-221, et seq., including any current or prospective applicants therefore. (6) The applicant's ability and commitment to provide its customers with: a. Good service: b. Competitive prices: and c. Demonstrated and/or proposed "green" initiatives. (7) The applicant's ability and commitment to provide additional "public benefit(s)" to the city which may include, without limitation, provision of additional waste collection, disposal, and/or recycling services (at no cost to the city) to city rights- 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. (b) If more than one applicant for a franchise waste contractors license qualifies under the minimum qualifications of this division, the issuance of the franchise shall be determined by the city commission, based upon the applicant which the city commission deems, in its sole and reasonable 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)(7)). Sec. 90-230. ·Term of franchise agreements; initial term; renewal term. (a) Effective May 1, 2010, franchise agreements shall have an initial term of five years. As to those certain franchise agreements between the city and franchise waste contractors in effect as of May 1, 2010, but having an initial three-year term which commenced on October 1, 2009, said initial term shall be extended from three to five years (with the five-year term commencing retroactively as of October 1, 2009). (b) At the expiration of the initial term of a franchise agreement, or earlier revocation of the franchise, the city commission may choose, in lts sole discretion, to accept applications for new franchise waste contractors, or, in the alternative, to renew an existing franchise agreement for an additional three-year renewal term. Sec. 90-231. · Recycling requirements for franchise waste contractors; protest procedures . ... ..,, s I R'Fo i7s~2013,Woste Hauiers ". "" '"' '" ... '"""""'""'""'"'.....,.....,..."""~-------------- 79 (a) Recycling requirements. (1) Each franchise waste contractor shall, as a condition of the franchise, be required to offer directly, or through a subcontractor, recycling for any and all accounts (as defined below) serviced by the contractor (including, without limitation, any and all commercial and residential accounts). (2) Each contract with a franchise waste contractor for waste collection and disposal services (an account) shall include a proposal to provide recycling. Such proposal shall, to the maximum extent that is commercially feasible, maximize recycling activity in the city, and provide for sufficient flexibility in recyclable materials container size and location (as is both necessary and consistent for the particular account). (3) Each recycling proposal shall be required to disclose to the account holder the savings offset that is anticipated as a result of the recycling and the consequent reduction of solid waste disposed; provided, however, that the recycling proposal (and the required savings offset) shall remain within the purview of the franchise waste contractor and the particular account holder to negotiate. (4) Effective May 1, 2010, all contracts between a franchise waste contractor and an account holder for the collection and disposal of solid waste in the city shall be modified to include a provision to offer/provide recycling, consistent with the provisions of this subsection 90-231(a). The franchise waste contractor shall be given a six-month grace period commencing on May 1, 2010, to amend all of its contracts (including contracts with current account holders) to include a provision offering the required recycling services. (b) Protest procedures for multifamily residences only. In the event that the recycling bid and/or price quote (hereinafter, the offer) provided by the contractor to an account holder who is an owner, occupant, or operator or manager of an apartment building or other multifamily residence, is deemed unfair by said owner, occupant, or operator or manager, then the aggrieved party may file a protest with the city manager. Any such protest must be submitted in writing; must be made within 30 days of receipt of the offer by the aggrieved party; must include a copy of the offer; and must clearly state the reasons and grounds that the aggrieved party considers the offer to be unfair. Protests not made within the time period set forth in the preceding sentence shall be time-barred and shall receive no further consideration. Upon receipt of a timely written protest, the city manager shall provide a copy to the particular contractor, who may respond to the protest, in writing, within 15 days of receipt of the protest At the end of the 15 days, the city manager has 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 aggrieved party and contractor shall be given written notice, certified mail return receipt requested, of the hearing date. The hearing shall be conducted by the city manager, or a designee appointed by the city manager, and shall be conducted in accordance with the provisions established pursuant to section 102-385 At the hearing, the city manager or his designee may hear testimony and consider any relevant evidence 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 or unfairness of the protest. An offer shall not be deemed to be unfair if it provides for prices, terms, and services as would be provided to buildings of comparable size and character within the area, and which is competitive within the local industry standards. If the offer is deemed unfair, the city manager, or the city manager's designee, shall require the contractor to provide the aggrieved party with a new offer that meets the minimum criteria for fairness (as established in the preceding sentence). The contractor's failure or refusal to provide a fair alternate bid and/or quote may be grounds for suspension or revocation of contractor's franchise agreement. Sec. 90·232. • Bankruptcy or insolvency. If the franchise waste contractor becomes insolvent or if the contractor files a petition of voluntary or involuntary bankruptcy, its franchise shall automatically terminate no later than the date of filing of the bankruptcy petition. Sec. 90·233. ·Exemption to provide for recycling. (a) Notwithstanding any other provisions of sections 90-221 through 90-231, until such time as the city commission approves and implements a city-wide recycling program for multifamily residences, which program may also include recycling for commercial establishments, subject to and as permitted by section 403.7046, Florida Statutes (hereinafter, the "city-wide recycling program"), the city manager may continue to license individual recycling contractors (pursuant to section 90-306. et seq.). {b) If the city commission determines at any time to approve and implement a city-wide recycling program, the city manager shall then meet with the current franchise waste contractors (subject to and as permitted by Section 403.7046, Florida Statutes), for the purpose of negotiating terms and conditions connected with the provision of recycling pursuant to the city's program, and as to that portion of the program pertaining to multifamily residences. The terms, including rates to be charged by contractors shall be comparable to those established in municipalities in Miami-Dade, Broward and Palm Beach Counties for provision of similar recycling services. (c) Each franchise agreement between the city and a franchise waste contractor shall require that, in the event that the city commission approves and implements a city-wide recycling program, any franchise waste contractor who opts not to provide the required recycling services for multifamily residences under the city's program, must notify its account holder, in writing, informing them that they may, within 60 days of receipt of the notice, elect to terminate their account and then existing contracts with said contractor, without liability to the account holder. (d) If none of the franchise waste contractors come to an agreement with the city manager within 60 days, the city manager may, at his/her option, provide recycling pursuant to the approved city-wide program by: (1) Entering into an agreement with other persons to provide recycling to accounts serviced by franchise waste contractors; 80 (2) Entering into an interlocal agreement(s); and/or (3) Granting additional franchises to 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 chapter (including those pertaining to collection and disposal of solid waste). (e) If the city enters into agreement for provision of recycling services pursuant to the approved city program, except for an interlocal agreement, rates charged for recycling in the city by those contractors shall be set and approved by resolution of the city commission. (D Notwithstanding anything to the contrary in this section 90-233 or the city-wide recycling program (if approved and implemented), selection of recycling contractors to service commercial establishments under the program shall be in accordance with the requirements of Section 40J 7046, Florida Statutes, as same be amended from time to time. Sec. 90-234. · 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 with its franchise agreement shall be cause for termination and revocation of the franchise, but no such termination shall take effect if the reasonableness or propriety thereof is protested by the contractor until a court of competent jurisdiction (with 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. Sec. 90·235. · Required certification and disclosure form for franchise waste contractors. (a) Effective May 1, 2010, all contracts between a franchise waste contractor and an account holder for the collection and disposal of solid waste in the city shall require the franchise contractor to execute (as well as require the franchise waste contractor to have the contracting party, which is the contractor's customer/account holder, execute) the city's disclosure and certification (for City of Miami Beach franchise waste contractor customers), in the form specified in appendix 1. The executed certification and disclosure forms shall be the franchise waste contractor, maintained along with contractor's books and other records. (b) In order to enforce the provisions of this section, the city manager and/or his/her authorized designee may, at any time during the term of the franchise, request that the franchise waste contractor provide true and correct copies of any or all disclosure forms for its customer(s)/account holder(s). Contractor's compliance with this section may also be enforced by city audit or inspections pursuant to section 90-224 (c) A franchise waste contractor's failure to comply with the provisions of this section may be grounds for suspension or revocation of contractor's franchise agreement with the city. SECTION IV-PROPOSAL FORMAT In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be presented in a three (3) ring binder and should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Submit detailed verifiable information affirmatively documenting compliance with minimum eligibility requirements established in Section II. TAB2 Experience & Qualifications. Qualifications of Proposing Firm. Describe experience and qualifications of the Proposer in providing the services detailed herein. Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. Through the information provided in Appendix A, proposer's financial capacity, litigation history, past performance, as well as other factors, may be assessed. Submit detailed information on how proposer plans to accomplish the required scope of services, including detailed information, as applicable, on proposed solution(s), approach and methodology to project implementation, project timeline and any other factor that may impact the successful completion of the project 81 G BEACH In addition to clearly addressing how Proposer will comply with the requirements of this RFP, including those requirements noted I in !he scope of services section and in Section 90, Articles I-V, of the Miami Beach City Code, proposer shall address the following scope of services requirements: • customer service; • environmental sustainability (green) initiatives; • any and all value-added services related to the scope of this RFQ. rn ~ • t M lisl:iiTW 82 ~ iv\li\MIBE.A.CH SECTION V-EVALUATION I SELECTION PROCESS The procedure for response, evaluation and selection will be as follows: 1. The RFQ will be issued 2. A Pre-Proposal Submission Meeting with potential Proposers will be conducted. 3. All timely received Proposals will be opened and llsted. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the RFP. If further information is desired, Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee will recommend to the City Manager the Proposer or Proposers that it deems to be the best candidate(s} by using the following evaluation criteria: 25 75 Scope of Services and Methodology, including: Customer Service Environmental Sustainabi!ity (Green) Initiatives Value-Added Services LOCAL PREFERENCE: The City, through the Procurement Division, will assign an additional five (5) points to Proposers which are a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The City, through 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. 6. The City Manager shall recommend to the City Commission the Proposal or Proposals which he deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation and, if appropriate, approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 8. Negotiations between the City and the selected Proposer(s) will take place to arrive at a mutually acceptable Agreement. If the City Commission has so directed, the City may proceed to negotiate an Agreement with a proposer other than the top-ranked proposer. 9. The final proposed agreement{s) will be presented to the City Commission for approval. 10. If the agreement(s) are approved by the City Commission, the Mayor and City Clerk shall execute the contract(s), after the Proposer (or Proposers) has {or have) done so. BY SUBMITTING A PROPOSAL, ALL PROPOSERS SHALL BE DEEMED TO UNDERSTAND AND AGREE THAT NO PROPERTY INTEREST OR LEGAL RIGHT OF ANY KIND SHALL BE CREATED AT ANY POINT DURING THE AFORESAID EVALUATION/SELECTION PROCESS UNTIL AND UNLESS A CONTRACT HAS BEEN AGREED TO AND SIGNED BY BOTH PARTIES. 83 SECTION VI-SPECIAL TERMS AND CONDITIONS Code Requirements. Section 90, Articles V, of the Miami Beach City Code, available at http://librarv.municode.comlindex.aspx?clientld=13097, including all contractor and service requirements, shall apply to any agreement resulting from this RFP. Financial Considerations. Pursuant to Section 90-221, of the Miami Beach City Code, each franchise waste contractor shall pay to the City a franchise fee consisting of a percentage of the contractor's total monthly gross receipts. The City Commission shall have the option of raising the franchise fee once yearly, by resolution, following a duly noticed public hearing with 30 days' prior notice to all franchise waste contractors. Such raises shall not exceed two percent of the contractor's total monthly gross receipts yearly. The term "gross receipts" as used in this section shall mean the entire amount of the fees collected by the contractor (whether wholly or partially collected) for solid waste collection and disposal within the city and including, without limitation, but excluding any taxes, and gross receipts from servicing roll-off and portable containers. Insurance Requirements. The successful Proposer(s) shall obtain, provide and maintain, during the term of the contract, the following types and amounts of insurance, which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide: The successful Proposers' failure to procure or maintain required the insurance program shall constitute a material breach of the contract. Commercial General Liability. A policy including, but not limited to, comprehensive general liability, including bodily injury, personal injury, property damage, in the amount of a combined single limit of not less than $TBD. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. • Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. • Comprehensive General Liability (occurrence form), limits of liability $TBD per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). • Automobile Liability-$TBD each occurrence-owned/non-owned/hired automobiles included. Worker's Compensation. A policy of Worker's Compensation and Employers Liability Insurance, in accordance with worker's compensation, laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by Proposer or City, and shall name the City of Miami Beach, as an additional insured. No policy can be canceled without thirty (30) days prior written notice to the City. The successful Proposer(s) shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the course of the contract Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed contract. If any of the required insurance coverage contain aggregate limits, or apply to other operations or tenancies of Proposer(s) outside the proposed contract, Proposer(s) shall give City prompt written notice of any incident occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. Proposer(s) shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. 84 APPENDIX A PROPOSAL CERTIFICATION QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT ' 'Solicitation No: Solicitation Title: RFQ 178-2013 Waste Haulers -Procurement Contact: Tel: I Email: Maria Estevez 305-673-6558 mestevez@miamibeachfl.aov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain SOLICITATION and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: I No of Years in Business Locally: I No. of Employees: OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: 1-'-FJRM PRIMARY ADDRESS (HEADQUARTERS): CITY STATE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT ACCOUNT REP TELEPHONE NO. ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL FEDERAL TAX IDENTIFICATION NO.: .. The Ctty reserves the nght to seek addtttonaltnformatton from proposer or other source(s), tncludmg but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. BEACH Poge15 RFQ 178, Waste Haulers 86 2. 3. APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Miami Beach Based (Loct') Ve,dor. Is proposer a Miami Beach based firm? YES CJ NO SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach, as required pursuant to ordinance 2011-3747, to demonstrate that the Proposer is a Miami Beach Based Vendor. Veteran Owned Business! Is proloser a veteran owned business? YES CJ NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 4. Financial Capacity. Proposers shall submit a Dun & Bradstreet Duns Number (D-U-N-S#). The City may request one or more D&B reports to assess proposer's financial capacity or may request other information (e.g., audited and other financial statements) after proposal submittal in order to assess financial capacity. If firm is not currently registered at D&8, contact D & 8 at 1-800-234-3867 to register your company. SUBMITTAL REQUIREMENT: Proposer shall submit Dun & Bradstreet Duns Number (D·U·N·S#): ------------------- Note: The City may require other financial information (e.g., audited financial statements, bonding capacity, credit history, etc.), as part of the solicitation submittal requirements or during the evaluation process, as necessary to evaluate financial capacity. 5. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigatlon or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If "No" litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litlgatlon or regulatory action filed against proposer, or any proposer team member firm, in the past five (5) years. If Proposer has no litigation history or regulatory action in the past 5 years, submit a statement accordingly. 6. References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. Additionally, Proposer shall provide reference with the Contractor Client Survey provided as an attachment to the solicitation, and request that your reference submit the completed survey to directly to the contracting officer named in the solicitation. In order to be considered, surveys must be sent to the Procurement Division directly by the reference. The city will not accept client surveys sent to the Procurement Division by the Proposer. A minimum of three (3) references and client surveys are required. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. Additionally, each reference shall submit Contractor Client Survey included in the solicitation directly to the City. Proposer may attach additional references and ask that additional references submit client surveys as applicable. l!l I, "II 1\fl I' sr::ArH ~ f I !"., "~ '--'i.,_,.., Page 16 RFQ 178, Waste Haulers 87 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT 7. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-terfor~ance by any public sector agency? c===J YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 8. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non- compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in ITN. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 9. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurementl. 10. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health benefits, and $12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same (in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachft.gov/procurementl. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. BEACH Page17 RFQ 178. Waste Haulers 88 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? c=J YES C:J NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? c=J YES CJ NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners r--------Health 1--Sick Leave t-Family Medical Leave -Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurementJ. 12. Public Entity Crimes. Section 287.133(2)(a). Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submlt a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.G17 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt -Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 '' If additional confirmatron of addendum rs requ1red, submrt under separate cover. ~ BEACH --------·----···-------------Page 18 RFQ 178, Waste Haulers 89 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE 8. REQUIREMENTS AFFIDAVIT DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this RFP, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this RFQ are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFQ is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFQ and any disputes arising from the RFQ shall be governed by and construed in accordance with the laws of the State of Florida. G BEACH Page19 RFQ 178, Waste Haulers 90 MIAMI BEACH Appendix B Contractor Client Survey City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7000 ext. 6652, Fax: 786-394-4075 To Whom It May Concern: The City of Miami Beach (City) has implemented a process that collects past performance Information on contractors interested in providing service to the City. Your firm has been named by the contractor named below as a current or past client. It is kindly requested that you complete this form and submit it directly to the City by the due date noted below. Client surveys received directly from the contractor will not be considered. Contractor: RFQ No.: 185-2013 I RFQ Title: Waste Haulers Client Survey Due Date: City Contact: Submittal information: June 17,2013 Maria Estevez, CPPB., CPPO City of Miami Beach 305-673-7000, Extension 6558 Procurement Division mestevez@miamibeachfl.gov 1700 Convention Center Drive Miami Beach, Florida 33139 Client Name: Client Contact: Dates of Service: Project Value: Project Description: Contractor Performance Evaluation Criteria Score 1 How satisfied were i'OU with the ~roj~ct services 12rovided by contractor? 2 How satisfied were you with qualifications and professionalism of the contractor's personnel, subcontractors and agents in completing the project requirements? 3 How satisfied were you with the project completign timeline? 4 How satisfied were you with the services provided by the contractor? How satisfied were you wfth the approach and methodology utilized by the contractor in 5 completing the agreed to services, including any innovative approach undertaken to achieve project requirements, within or below costs and within schedule? 6 How satisfied were you with the value of the costs paid to the contractor? 7 Overall, how satisfied were you with the services, approach and costs paid to the contractor? Additional Comments I Information: (e BEACH Page 21 RFQ 178, Waste Haulers 91 I APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this ITN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the I TN, and any released Addenda and understand that the following are requirements of this SOLICITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA On this _day of , 20_, personally appeared before me _ who County of stated that (s)he is the of ____ , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: G BEACH Notary Public for the State of Florida My Commission Expires: ··------------------···-----------·-···---··-·-----------Page 20 RFQ 178, Waste Haulers 92 COMMISSION ITEM SUMMARY Condensed Title: Request To Issue A Request For Proposals (RFP) For Audit Of Resort Taxes And Other Internal Audits as Needed. Key Intended Outcome Supported: Strengthen internal controls and improve the City's overall financial health and maintain _overall bond_ ratin9_:__ -·--:--:-,...,.-------------------1 Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The City of Miami Beach charges a resort tax of three percent on revenues generated by the sale of rooms and two percent on revenues from food and beverages earned within the City. Businesses are required to register with the City to collect and remit taxes. It is projected that $54.2 million in resort taxes will be collected in fiscal year 2012/13. Audits are to be performed on businesses registered with the City for collecting resort taxes. The Internal Audit Department will assign these audits. It is anticipated that the total number of audits assigned to the contractors will be about 100 audits per year. This supports the City's internal audit effort of auditing resort tax accounts which averaged $263,128 in audit assessments as compared to outside auditors' average assessment of $109,808 for the past three fiscal years. Internal audits are to be performed on an estimated 150 audit areas as delineated in the City's Internal Audit Division Risk Assessment Model. The Internal Audit Division is responsible for auditing these areas according to their annual audit objectives. Occasionally the City Administration may determine a need to audit a particular area whereby the Internal Audit Division does not have the resources to audit at a particular time. In the past, the Administration has sought outside assistance from qualified firms to accomplish these assignments. Contracts may be awarded to more than one firm or individuaL The contract term would be for a period of one (1) year with the option of two (2) one-year renewals. Funds will be made available from the applicable fund for the areas audited. Sections II through V of the attached RFP provides the Minimum Qualifications, Scope of Services, Submittal Requirements, and Evaluation Criteria and Process for this project. THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND CITY COMMISSION APPROVE THE ISSUANCE OF THE RFP. ~~~~~ory B~_ar_d_R_ecomm~ndatio._n_: __ L c-------·---·----·--- Financial Information: Source of Amount Funds: 1 n 2 3 OBPI Total - Financial Impact Summary: .. -~~!Y._~Ierk's _OfficeLegislative T~~cking: _ [Alex Denis, ext 6641 ·--·--_ Si n-Offs: MlAMIBEACH 93 ---------------~ Account 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 M FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR AUDITS OF RESORT TAXES AND OTHER INTERNAL AUDITS AS NEEDED. ADMINISTRATION RECOMMENDATION Approve the Issuance of an RFP. BACKGROUND The City of Miami Beach invites Requests for Proposals from qualified providers of auditing services. Contracts may be awarded to more than one firm or individual. The contract term would be for a period of one year with the option of two one-year renewals. Funds will be made available from the applicable fund for the areas audited. Proposers may bid on either or both parts of this proposal. Resort taxes: The City of Miami Beach charges a resort tax of three percent on revenues generated by the sale of rooms and two percent on revenues from food and beverages earned within the City. Businesses are required to register with the City to collect and remit taxes. It is projected that $54.2 million in resort taxes will be collected in fiscal year 2012/13. As of April17, 2013, there were 1,834 businesses registered to collect resort taxes. Of that total, 763 businesses consist of hotels, restaurants, nightclubs, and bars are reporting taxes to the City on a monthly basis. The balance of registered businesses (1 ,071) represents apartments required to report on an annual basis to the City. The City employs field agents to audit these businesses. In October 1994, the City began to utilize independent contractors to expand the audit coverage for these audits. Currently, the City has three field agents and three professional service agreements with contractors which expire October 23, 2013. These agreements were awarded for one year with two one-year renewals after a RFP was authorized on February 3, 2010 by the Commission and the ranking of proposals was accepted by the Commission on May 12, 2010. There are three fee amounts ranging from $1,000 to $1,472 for audits of monthly accounts, and $627 to $800 for annual accounts. For the fiscal year ending September 30, 2012, the three contractors completed 45 audits of monthly filers and 23 audits of annual filers. The contractors' average hours per audit were 19.63 hours for monthly accounts and 12.24 hours for annual accounts. The amount of audit assessments for audits of resort taxes for both the City internal field agents and outside auditors for the past three years were as follows: 94 Commission Memorandum -RFP Auditing Services May 8, 2013 Page 2 of 2 City Field Agents Outside auditors FY09/10 I #of I Total Net Audits Assessments 161 $328,667 ' 69 $100 127 t--~~-0 $428,794 ' - FY1 0/11 #of Total Net Audits Assessments - 133 $212,419 72 $199,018 205 $411.437 1 FY11/12 Total - #of Total Net #of Total Net ·--~udits Assessme_nts Audits Assessments 142 $248,298 436 $789,384 68 $30,280_ 209 __ $329,425 210 $278,578 645 $1118,809 The Internal Audit Division's goal is to audit the 763 businesses consisting of hotels, restaurants, nightclubs, and bars at least once every four to five years, approximately 153 per year. The remaining 1 ,071 accounts representing apartments having less risk are audited much less frequently. The total combined goal is 250 audits per year. The Internal Audit Department will assign these audits to the City's field agents and independent contractors. Funds are available from the resort tax fund. The budget for the current fiscal year 2012/13 is $106,400. It is anticipated to have the same amount of funding requested for fiscal year 2013/14 for these professional services. Internal Audits on an As Needed Basis: Internal audits are to be performed on an estimated 150 audit areas as delineated in the City's Internal Audit Division Risk Assessment Model. The Internal Audit Division is responsible for auditing these areas according to their annual audit objectives. Occasionally the City Administration may determine a need to audit a particular area whereby the Internal Audit Division does not have the resources to audit at a particular time. In the past, the Administration has sought outside assistance from qualified firms to accomplish these assignments. Sections II through V of the attached RFP provides the Minimum Qualifications, Scope of Services, Submittal Requirements, and Evaluation Criteria and Process for this project. CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of an RFP (Request for Proposals) for auditing services for resort tax and other internal audits as needed in accordance with scope of services outlined herein. T\AGENDA\2013\May 8\RFP-Resor\TaxAudit RFP Memo FY13.doc 95 REQUEST FOR PROPOSALS (RFP) RFP 188·2013ME Audits of Resort Taxes and Other Internal Audits As Needed G MtAMIBEACH PROCUREMENT DIVISION, 3RD Floor 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7 490 96 (9 MIAMIBEACH RFP 188-2013ME Audits of Resort Taxes and Other Internal Audits As Needed TABLE OF CONTENTS Section I Overview & Proposal Procedures .......................... . 3 Section II Minimum Qualifications Requirements ................... . 6 Section Ill Scope of Services ................................................. . 6 Section IV Proposal Format ................................................... . 7 Section V Evaluation/Selection Process ................................. . 8 Section VI Special Terms & Conditions: Insurance ................ .. 9 Section VII Appendices: A-Proposal Certification, Questionnaire & .. . .. .. . .. .. .. 10 Requirements Affidavit (Under Separate Cover) B -Contractor Client Survey .. .. .. .. .. .. .. . .. .. . .. .. . .. .. . .. . 17 97 (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fox: 786-394-4006 PUBLIC NOTICE Sealed proposals, as detailed herein, will be received until3:00 PM on, June 18, 2013, at the following address: City of Miami Beach City Hall Procurement Division -Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 BEACH ANY PROPOSAL RECEIVED AFTER 3:00PM ON THE PROPOSAL DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING PROPOSALS BEFORE THE STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE PROPOSER. THE CITY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY OTHER ENTITY OR OCCURRENCE. The City utilizes PublicPurchase for automatic notification of bid opportunities and document fulfillment, including the issuance of any addendum to this RFP. This system allows vendors to register online and receive notification of new bids, addendums and awards. Registration is available through www.publicpurchase.com. Any prospective proposer who has received this RFP by any means other than through PublicPurchase must register immediately with Pub/icPurchase to assure receipt of any addendum issued to this RFP. Prospective proposers are solely responsible for assuring they have received any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. Proposers are hereby advised that this RFP is subject to the following ordinances/resolutions, which may be found on the City of Miami Beach website: www.miamibeachfl.gov/procurement. • CONE OF SILENCE--ORDINANCE NO. 2002-3378 • PROTEST PROCEDURES --ORDINANCE NO. 2002-3344. • DEBARMENT PROCEEDINGS--ORDINANCE NO. 2000-3234 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES--ORDINANCE NO. 2002-3363. • CAMPAIGN CONTRIBUTIONS BY VENDORS-ORDINANCE NO. 2003-3389. • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS - ORDINANCE NO. 2005-3494 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS-ORDINANCE NO. 2011-3747. • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE- CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES-ORDINANCE NO. 2011-3748, • CODE OF BUSINESS ETHICS--RESOLUTION NO. 2000-23879. All questions or requests for clarifications must be received by the procurement contact named above no later than five (5) calendar days prior to the scheduled RFP due date. The City Clerk, rafaelgranado@miamibeachfl.gov, must copied on any question or comment submitted in response to this RFP. All responses to questions/clarifications will be sent to Proposers in the form of a written addendum. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL PROPOSALS. Sincerely, Alex Denis, CPPO Procurement Director 1 RFP 188-2013ME, Audits of Resort Taxes and Other Internal Audits As Needed 98 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305.673.7 490 Fox: 786.394.4006 NOTICE OF ~0 RESPONSE ] If not submitting a Proposal at this time, please detach this sheet from the RFP documents, complete the information requested, and return to the address listed above. NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: _ Not responding due to workload issues _ Not responding due to minimum qualifications requirements _ Not responding due to scope of services _ Not responding due to project's size and/or complexity _OTHER. (Please specify)----------------- Note: Failure to respond, either by not submitting a proposal or this completed form, may result in your company being removed from the City's bid list. We do do not. ___ want to be retained on your mailing list for future proposals for the type or product and/or service. Signature: Title:------------------ Company: _______________________ __ Feedback The City of Miami Beach is interested in continuously improving the process through which it acquires required goods and seNices. Your feedback is important. Please provide any comments or suggestions which may assist the City in this endeavor, including information on requirements, timelines, and solicitation forms. 2 RFP 188-2013ME, Audits ot Resort Taxes and Olher Internal Audits As Needed 99 SECTION I • OVERVIEW AND PROPOSAL PROCEDURES A. INTRODUCTION I BACKGROUND The City of Miami Beach invites Requests for Proposals from qualified providers of auditing services. Contracts may be awarded to more than one firm or individual. The contract term would be for a period of one year with the option of two one-year renewals. Funds will be made available from the applicable fund for the areas audited. Resort taxes: The City of Miami Beach charges a resort tax of three percent on revenues generated by the sale of rooms and two percent on revenues from food and beverages earned within the City. Businesses are required to register with the City to collect and remit taxes. It is projected that $54.2 million in resort taxes will be collected in fiscal year 2012/13. As of April 17, 2013, there were 1,834 businesses registered to collect resort taxes. Of that total, 763 businesses consist of hotels, restaurants, nightclubs, and bars are reporting taxes to the City on a monthly basis. The balance of registered businesses (1 ,071) represents apartments required to report on an annual basis to the City. The City employs field agents to audit these businesses. In October 1994, the City began to utilize independent contractors to expand the audit coverage for these audits Currently, the City has three field agents and three professional service agreements with contractors which expire October 23, 2013. These agreements were awarded for one year with two one-year renewals after a RFP was authorized on February 3, 2010 by the Commission and the ranking of proposals was accepted by the Commission on May 12, 2010. There are three fee amounts ranging from $1,000 to $1,472 for audits of monthly accounts, and $627 to $800 for annual accounts. For the fiscal year ending September 30, 2012, the three contractors completed 45 audits of monthly filers and 23 audits of annual filers. The contractors' average hours per audit are 19.63 hours for monthly accounts and 12.24 hours for annual accounts. The Internal Audit Division's goal is to audit the 763 businesses consisting of hotels, restaurants, nightclubs, and bars at least once every four to five years, approximately 153 per year. The remaining 1 ,071 accounts representing apartments having less risk are audited much less frequently. The total combined goal is 250 audits per year. The Internal Audit Department will assign these audits to the City's field agents and independent contractors. Funds are available from the resort tax fund. The budget for the current fiscal year 2012/13 is $106,400. It is anticipated to have the same amount of funding requested for fiscal year 2013/14 for these professional services. Internal Audits on an As Needed Basis: Internal audits are to be performed on an estimated 150 audit areas as delineated in the City's Internal Audit Division Risk Assessment Model. The Internal Audit Division is responsible for auditing these areas according to their annual audit objectives. Occasionally the City Administration may determine a need to audit a particular area whereby the Internal Audit Division does not have the resources to audit at a particular time. In the past, the Administration has sought outside assistance from qualified firms to accomplish these assignments. B, RFP TIMET ABLE The tentative schedule for this RFP is as follows: F RFP Issued ~y 13, 2013 ! Pre-Proposal Meeting 1 May 23, 2013 I --Deadlin-e-=-fo-r -=R-ec-e-,-ip.,..t o-=f-=Q:-u-es-.,ti,-on-s--+-JuneS:--20_1_3 -------------·--- E ·....,---P-ro_p_os-=-ac--ls_D_u_e_-+-=Ju_n=-e-1.,...8,_2_0_13 __ ...,--_______ _ Evaluation Committee Review To Be Determined ...,-----..,.....-:---,:--· I Tentative Commission Approval Authorizing Negotiations , September 11, 2013 (Commission does not meet in August) Contract Negotiations Following Commission Approval C. PROPOSAL SUBMISSION DUE DATE An original and ten (1 0) copies of complete Proposals, plus one electronic copy (CD or flash drive), must be received no later than 3:00 p.m. on the dated stated in Section 1(B), at the following address: City of Miami Beach City Hall Procurement Division •• Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 3 RFP 188-2013ME, Audits of Resort Taxes and Other Internal Audits As Needed 100 ~ BEACH The original and all copies, including the electronic copy, must be submitted to the Procurement Division in a sealed package clearly noted with the Proposer's name, address, and RFP number and title. No facsimile, electronic, or e-mail Proposals will be considered. THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP, ON OR BEFORE THE STATED TIME AND DATE, WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE. ANY PROPOSAL RECEIVED AFTER STATED DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED. PROPOSALS RECEIVED AFTER THE RFP DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. D. PRE-PROPOSAL SUBMISSION MEETING A Pre-Proposal Submission Meeting will be held on the date noted in Section 1(8) at 10:00 a.m. at the following address: City of Miami Beach City Hall-4th Floor, Manager's Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) (2) Enter the MEETING NUMBER: 8982915# Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in Section E of this RFP expressing their intent to participate via telephone. E. CONTACT INFORMATION Contact: Telephone: I Email: 'l Maria Estevez, CP_P_B-'-, _CP_P_0 _____ ----''-3_0_5_-6_73_-7_0_0"""'0,_E_xt_e_n_s_io_n_6_55_8 _____ ,_J._m_e_s_te_ve_z....,@'-m_ia_m_ib_e_ac_h_ft.""-go_v ____ __,l Requests for additional information or requests for clarifications must be made in writing to the Procurement Division. Facsimile or e-mail requests are acceptable. Please send all questions and/or requests for clarifications to the contact named above, with a copy to the City Clerk's Office at RafaeiGranado@miamibeachft.gov, no later than the date specified in the RFP timetable. F. RESPONSE TO QUESTIONS & ADDENDUM TO RFP The Procurement contact will issue replies to inquiries and any other corrections or amendments, as he deems necessary, in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations (whether verbal or written), other than those made in this RFP or in any written addendum to this RFP. Proposers should verify with the Procurement Division prior to submitting a Proposal that all addenda have been received. G. CONE OF SILENCE Pursuant to the city's Cone Of Silence Ordinance, as codified in section 2-486 of the City Code, proposers are advised that oral communications between the proposer, or their representatives and 1) the Mayor and City Commissioners and their respective staff; or 2) members of the City's Administrative staff (including but not limited to the City Manager and his staff); or 3) Evaluation Committee members, is prohibited. H. MODIFICATION/WITHDRAWALS OF PROPOSALS A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. I. RFP POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP. J. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. 4 RFP 188-2013ME, Audils of Resori Taxes and Other lnternol Audits As Needed 101 K. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). L. FLORIDA PUBLIC RECORDS LAW Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the Proposals, whichever is earlier. M. NEGOTIATIONS The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties. N. PROTESTPROCEDURE Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings established pursuant to the City's bid protest procedures (Ordinance No. 2002-3344), as codified in Sections 2-370 and 2-371 of the City Code. Protests not timely made pursuant to the requirements of Ordinance No. 2002·3344 shall be barred. 0. OBSERVANCE OF LAWS Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the !aw(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. P. DEFAULT Failure or refusal of the successful Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a Proposal before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. Q. CONFLICT OF INTEREST All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (1 0%) percent or more in the Proposer entity or any of its affiliates. R. PROPOSER'S RESPONSIBILITY Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. S. RELATIONSHIP TO THE CITY It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. T. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any ''5T"RFP 188-2013ME, ·A~dits of R;:s"~rt T~xes and Other Internal Audits As Needed 102 e public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. U. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their Proposals, in the event of such non-compliance. V. CONE OF SILENCE This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, Including rendering their Proposal voidable, in the event of such non-compliance. W. DEBARMENT ORDINANCE This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted pursuant to Ordinance No. 200-3234, and as codified in Sections 2-397 through 2-406 of the City Code). X. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. Y. CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with ali applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. Z. AMERICAN WITH DISABILITIES ACT (ADA) Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673-7000, Extension 2984. M. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. SECTION II-MINIMUM QUALIFICATIONS REQUIREMENTS Proposers must meet or exceed the following minimum eligibility requirements to be considered responsive and have its proposal evaluated by the Evaluation Committee: For audits of resort tax businesses, the respondent must experience in audits of revenues for hotels, restaurants, nightclubs and apartment buildings. For internal audits, the respondent must have experience providing accounting and auditing services to local governments. In addition, the respondent must be independent from the City and its staff. SECTION Ill -SCOPE OF SERVICES The City of Miami Beach invites Requests for Proposals from qualified providers of auditing services. Contracts may be awarded to more than one firm or individual. The contract term would be for a period of one (1) year with the option of two (2) one-year renewals. Funds will be made available from the applicable fund for the areas audited. Proposers may bid on either or both parts of this proposal. 6 RFP 188-2013ME. Audits of Resort Taxes 103 (9 BEACH Audits are to be performed on businesses registered with the City for collecting resort taxes. The scope of the work consists of examining the taxpayer's accounting records, such as general ledgers, cash receipts journals, sales journals, and other records as may be maintained by the taxpayer; comparison of reported taxable sales with other reports such as Florida sales tax reports, and the preparation of schedules and analyses of work to determine compliance with the City Code relating to the collection and payment All taxpayers' records which are subject to, determined to be, or administered by the Resort Tax codes are examined. Detailed testing is performed on a sample basis. Contractor is to follow the City's Internal Audit programs for auditing resort tax businesses. There are separate programs for the annual filing and the monthly filing accounts. Revenues reported in monthly filing accounts may vary by containing revenues from rooms, food and or alcohol. City forms and programs will be provided in electronic format. Also included in the work to be performed is the initial contact with the business and the performance of an audit which results in the issuance of a resolution letter stating the results of the audit. Each audit is completed by the submission of work papers and a resolution letter to the Internal Auditor for final review and approval. The Internal Audit Department will assign these audits. It is anticipated that the total number of audits assigned to the contractors will be about 100 audits per year. Internal Audits on an As Needed Basis: The scope of the work for internal audits will be contingent to the type of audit requested. Audit work should be performed in accordance to governmental auditing standards. Contractor is to develop audit programs for the scope of work provided. Audit findings are to be presented to City Administration. Prior to authorizing work on an internal audit, the successful proposers will be required to submit a price proposal based on the number of hours estimated to complete the work and a price per hour that is less than or equal to the per hour proposal price. The City shall, at its sole option, determine whether to proceed with the scope of work. Each audit is completed by the submission a final report accepted by the City. The City will assign these audits as needed depending upon funding. SECTION IV-PROPOSAL FORMAT In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be presented in a three (3) ring binder and should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Submit detailed verifiable information affirmatively documenting compliance with minimum eligibility requirements established in Section II. TAB2 Experience & Qualifications. Qualifications of Proposing Firm. Describe experience and qualifications of the Proposer in providing the services detailed herein. Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract. Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. Through the information provided in Appendix A, proposer's financial capacity, litigation history, past performance, as well as other factors, may be assessed. Submit detailed information on how proposer plans to accomplish the required scope of services, including detailed inform · as applicable, on proposed solution(s), approach and methodology to project implementation, project timeline and any other factor that may impact the successful completion of the project TAB4 Cost Proposal ----~------j Fee schedule for proposed audits. Proposals for resort tax audits should be at a ftat fee rate per audit and the proposal for internal audits should be at a . .'l9l!2 exceed hourly rate. 7 RFP 188·2013MF., Audits of Resort Taxes and Other Internal Audits As Needed 104 SECTION V-EVALUATION I SELECTION PROCESS The procedure for response, evaluation and selection will be as follows: 1. The RFP will be issued 2. A Pre-Proposal Submission Meeting with potential Proposers w!ll be conducted. 3. All timely received Proposals will be opened and listed. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the RFP. If further information is desired, Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee will recommend to the City Manager the Proposer or Proposers that it deems to be the best candidate(s) by using the following evaluation criteria: 40 20 40 Proposer Qualifications and Experience, including: Qualification and experience of the proposer Qualifications and experience of the individuals assigned to Audits Qualit of References and Evaluation Performance Surve s Sco e of Services and Methodolo Cost Proposal -Proposed fees per resort tax audit I internal audit LOCAL PREFERENCE: The City, through the Procurement Division, will assign an additional five (5) points to Proposers which are a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The City, through 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. 6. The City Manager shall recommend to the City Commission the Proposal or Proposals which he deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation and, if appropriate, approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 8. Negotiations between the City and the selected Proposer(s) will take place to arrive at a mutually acceptable Agreement. If the City Commission has so directed, the City may proceed to negotiate an Agreement with a proposer other than the top-ranked proposer. 9. The final proposed agreement(s) will be presented to the City Commission for approval. 10. !f the agreement(s) are approved by the City Commission, the Mayor and City Clerk shall execute the contract(s), after the Proposer (or Proposers) has (or have) done so. BY SUBMITTING A PROPOSAL, ALL PROPOSERS SHALL BE DEEMED TO UNDERSTAND AND AGREE THAT NO PROPERTY INTEREST OR LEGAL RIGHT OF ANY KIND SHALL BE CREATED AT ANY POINT DURING THE AFORESAID EVALUATION/SELECTION PROCESS UNTIL AND UNLESS A CONTRACT HAS BEEN AGREED TO AND SIGNED BY BOTH PARTIES. 8 RFP 188-2013ME. Audits of Resort Taxes and Other Internal Audits As Needed 105 l!l - SECTION VI-SPECIAL TERMS AND CONDITIONS: INSURANCE Insurance Requirements. The successful Proposer(s) shall obtain, provide and maintain, during the term of the contract, the following types and amounts of insurance, which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide: The successful Proposers' failure to procure or maintain required the insurance program shall constitute a material breach of the contract. Commercial General Liability. A policy including, but not limited to, comprehensive. general liability, including bodily injury, personal injury, property damage, in the amount of a combined single limit of not less than $lfJ3'Q. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. • Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. • Comprehensive General Liability (occurrence form), limits of (l~bllltYr~t$D~per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). • Automobile ~·~~11}\¥if}~~l3l;l each occurrence-owned/non-owned/hired automobiles included. Worker's Compensation. A policy of Worker's Compensation and Employers Liability Insurance, in accordance with worker's compensation, laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by Proposer or City, and shall name the City of Miami Beach, as an additional insured. No policy can be canceled without thirty (30) days prior written notice to the City. The successful Proposer(s) shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the course of the contract. Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed contract. If any of the required insurance coverage contain aggregate limits, or apply to other operations or tenancies of Proposer(s) outside the proposed contract, Proposer(s) shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. Proposer(s) shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. 9 RFP 188-2013ME, Audits of Resort Taxes and Other Internal Audits As Needed 106 APPENDIX A -- Proposal Certification, Questionnaire & Requirements Affidavit RFP 188-2013ME Audits or Resort Taxes and Other Internal Audits as Needed Page 10 PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 RFP 188-2013ME, Audits of Resort Taxes and Other Internal Audits As Needed 107 APPENDIX A r-;:-;:-;;-;~~~::::-::::::-::------,--:~~~P"R..:.rO=:-;:P-;;O~S~AL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT . ~?liclt~ti9n N~fraa,201 ~ME ( • . .. · · · · ! ·. Soliclt~tionJitl)l: 1\Udlt~~~,Re~~~.Tax~~ ard Olherln~e.T{ .• ' Au .•. ~i~ ~~ n~~d. ~: .•. <'.:·<······· }~·: ... ::;{·.···~·~.:.~,: : ... • .. ·:···1 P;ocu~~ITJe,;t6~~~ct M~ria E<~~~vei · ·•• • .. "~; · ·· · • Email:mest~Jv~z@rrilamitieachfl,gov • .. ; •. ' · '---""\_:-.·. >"". ·~"",. ·""·.· ---'-".··. ·-'--(· "-'.~:._·>i,·.""'::_~:.""'L~~·:·/""F:"".· ~~~~.:..L..~~:. ;;<· ,(~.: ~ :j~:;. · ·' >' .-::: >~/·.·:,:. , .)\~:_.::·:t.:·:.':-::~<:.~~-·~ ")::· ;··.t_::;:: }.-'.·~~.·. :,:;·:··:"~ :.::,.\.<.~~3: ~; :~·,._·.:~.-~ ... -:~J:<·::) PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain SOLICITATION and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. -----------FIRM NAME: No of Years in Business: I No of Years in Business Locally: / No. of Employees: OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS ~PRIMARY ADDRESS (HEADQUARTERS) -- -· -CITY: ---STATE: " --TELEPHONE NO.: ----TOLL FREE NO.: --FAX NO • --FIRM LOCAL ADDRESS: 'Clfr-- STATE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ' ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: -j ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: - .. The City reserves the nght to seek addll1onal1nformat1on from proposer or other source(s), 1nc!udmg but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. Page 11 RFP 188 .. 2013ME, Audits of Resort Taxes and Other Internal Audits As Needed 108 2. 3. APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Miami Beach Based (Loct) Vjdor. Is proposer a Miami Beach based firm? YES [ ] NO SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach, as required pursuant to ordinance 2011-37 4 7, to demonstrate that the Proposer is a Miami Beach Based Vendor. Veteran Owned Business[ Is proloser a veteran owned business? YES CJ NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 4. Financial Capacity. Proposers shall submit a Dun & Bradstreet Duns Number (0-U-N-S #). The City may request one or more D&B reports to assess proposer's financial capacity or may request other information (e.g., audited and other financial statements) after proposal submittal in order to assess financial capacity. If firm is not currently registered at D&B, contact D & 8 at 1-800-234-3867 to register your company. SUBMITTAL REQUIREMENT: Proposer shall submit Dun & Bradstreet Duns Number (D·U·N·S #): ------------------- Note: The City may require other financial information (e.g., audited financial statements, bonding capacity, credit history, etc.), as part of the solicitation submittal requirements or during the evaluation process, as necessary to evaluate financial capacity. 5. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect If "No" litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm, in the past five (5) years. If Proposer has no litigation history or regulatory action in the past 5 years, submit a statement accordingly. 6. References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. Additionally, Proposer shall provide reference with the Contractor Client Survey provided as an attachment to the solicitation, and request that your reference submit the completed survey to directly to the contracting officer named in the solicitation. In order to be considered, surveys must be sent to the Procurement Division directly by the reference. The city will not accept client surveys sent to the Procurement Division by the Proposer. A minimum of three (3) references and client surveys are required. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. Additionally, each reference shall submit Contractor Client Survey included in the solicitation directly to the City. Proposer may attach additional references and ask that additional references submit client surveys as applicable. & -BEACH Page 12 RFP 188-2013ME, Audits of Resort Taxes and Other Internal Audits As Needed 109 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT 7. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? [~YES c:J NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 8. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non- compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in ITN. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 9. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or within five (5) days upon receipt of request The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachft.gov/procurementJ. 10. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11. 28/hr with health benefits, and $12. 92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same (in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachft.gov/procurementl. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach (e f3EACH Pagel3 RFP 188-20l.3ME. Audits of Resort Taxes and Other Internal Audits As Needed 110 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES [_ j NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? L_j YES L-.:J NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave: other benefits are provided directly to the spouse or domestic partner, such as medica! insurance. r----B-EN_E_F-IT-······--·f"""""'"'=Fi-rm-,P=-r-ov7 id-c-e-s f:-or---,... F=-irm--=P-ro-,vi:-:-de-s"""fo_r__,,--·-Fir-m-do-es_n_ot- Employees with Employees with Provide Benefit Spouses Domestic Partners ·----+-----.::.r:..::..::.::..:.=,._ __ _ Health I Sick Leave ~----------'----+--·-----··-+-------t-·---·----·---1 Family Medical Leave I __ _ Bereavement Leave --~~-~---------L If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurementl. 12. Public Entity Crimes. Section 287. 133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity: may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity: may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document. proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's a-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confiffil Initial to Confirm Receipt -·-Receipt 1-· Receipt Addendum 1 Addendum 6 Addendum 11 ---Addendum 2 Addendum 7 Addendum 12 ·~~· ... Addendum 3 Addendum 8 I Addendum 13 Addendum 4 · Addendum 9 =+Addendum 14 Addendum 5 Addendum 10 Addendum 15 '' .. ----;-- If addrtronal confirmation of addendum rs requrred, submrt under separate cover. <9 BEACH Page14 RFP 188-2013ME, Audits of Resort Toxes and Other Internal Audits As Needed 111 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City"} for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this RFP, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFP is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limlted to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be governed by and construed in accordance with the laws of the State of Florida. BEACH Page 15 RFP 188-2013ME, Audits of Resort Taxes and Other Internal Audits As Needed 112 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this I TN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the ITN, and any released Addenda and understand that the following are requirements of this SOLICITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Propose(s Authorized Representative: Title of Propose~s Authorized Representative: Signature of Proposers Authorized Representative: Date: State of FLORIDA On this __ day of , 20_, personally appeared before me who County of stated that (s)he is the of . , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: --------------------------Notary Public for the State of Florida My Commission Expires: _______ _ Page 16 RFP 188-2013ME, Audits of Resort Taxes and Other Internal Audits As Needed 113 -- MIAMI BEACH Appendix B Contractor Client Survey City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, W\lvW.miamibeochfl.gov PROCUREMENT DIVISION Tel: 305·673-7000 ext. 6652, Fox: 786.394·4075 To Whom It May Concern: The City of Miami Beach (City) has implemented a process that collects past performance information on contractors interested in providing service to the City. Your firm has been named by the contractor named below as a current or past client It is kindly requested that you complete this form and submit it directly to the City by the due date noted below. Client surveys received directly from the contractor will not be considered. Contractor: RFP No.: 188-2013 RFP Title: Audits or Resort Taxes and Other Internal Audits as Needed Client Survey Due Date: --------,-------'...----'-'----· City Contact: June 18, 2013 Maria Estevez, CPPB, CPPO 305-673-7000, Extension 6558 mestevez@miamibeachfl.gov -----~--------------rubmittallnformatio-n: ____ _ City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 Client Name: Client Contact: Dates of SeNice: Project Value: Project Description: ----------------------------------------------·----------__j Contractor Performance Evaluation -Criteria Score 1 Ability to maintain courteous and ~rofessional service (1-1 0} 2 Communication, resolution of discrepancies, responsivenes I servicing the account (1-1 0} s of personnel 3 Responsiveness to agency's eriorities for service {1-1 OJ. 4 Completion of audits on a timely basis (1-10) 5 Completeness and thoroughness of the audit. (Was the scope o !----· completed with minimum corrections?) (1-1 0} 6 Overall customer satisfaction and hiring again based on perform level in hiring vendor/auditor _againl(1::_1 0) -· f the audit a nee (comfort t=-- Additional Comments /Information: '-------·------------------------ (e BEACH Page 17 RFP 188-2013ME, Audits of Resort Taxes and Other Internal Audits As Needed 114 C4 COMMISSION COMMITTEE ASSIGNMENTS ISSION MEMORANDUM TO: Mayor Matti Herrera-Bower and Me FROM: Jimmy L. Morales, City Manage DATE: May 8, 2013 SUBJECT: Referral To The Finance And itywide Projects Committee -A Resolution Approving In Substance '!re 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 Refer the item to the Finance and Citywide Projects Committee Meeting. BACKGROUND This item was previously discussed at the July 9, 2012 Finance and Citywide Projects Committee meeting. The Administration had secured a proposal from the International City/County Management Association ("'CMA") 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. The item was placed on the March 13, 2013, City Commission Meeting agenda; however the item was not reached. The item was again placed on the April 17, 2013, City Commission Meeting agenda, but again, the item was not reached. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the matter to the Finance and Citywide Projects Committee meeting for discussion and further direction. JLM/Kfo# T:\AGENDA\2013\May 8\Referral to FCWPC-ICMA Fire Departmentdocx 116 Agenda Item C l1 A- Date 5"'-1,. 13 THIS PAGE INTENTIONALLY LEFT BLANK 117 COMMISSION MEMORANDUM TO: Mayor Matti Herrera-Bower and Mem FROM: Jimmy L. Morales, City Manager ' DATE: May 8, 2013 \I SUBJECT: REFERRAL TO THE FINANC\ AND CITYWIDE PROJECTS DISCUSSION ON THE EUCLID AVENUE STREET END PROJECT. COMMITTEE ADMINISTRATION RECOMMENDATION Refer the item to the Finance and Citywide Projects Commission Committee for additional discussion. BACKGROUND This item was previously discussed at the July 10, 2012 Finance and Citywide Projects Commission Committee and subsequently referred to the September 19, 2012 Land Use and Development meeting for further discussion. At the Land Use and Development meeting, community members spoke in support of the project and the Committee requested the Administration provide an analysis of how other projects that are currently scheduled for future funding may be affected if the proposed Euclid Avenue Street End Project was not funded for FY 2012/13. This analysis was provided in the September 26, 2012 Euclid Avenue Street End Project Update letter to Commission. The FY 2012/13 Capital Improvement Plan for 2012/13 through 2016/17 was approved at the September 27, 2012 RDA meeting however the Euclid Avenue Street End Project was requested to return to commission for additional discussion. The City Commission requested a reevaluation of the method of determining the spending of $416,820 against other needs (additional police, shade structures, pavers on Lincoln Lane, ongoing maintenance etc). At the October 241h 2012 Commission meeting, referring to the results of the September 19, 2012 Land Use and Development meeting, the Commission voted to move the discussion of the Euclid Street End project to the full Commission with no recommendation, with a request for the information on all the projects on the capital projects list. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the matter to the Finance and Citywide Projects Commission Committee for discussion and further direction. ~'M~i!!Eid.IEodld Eod of Street Projoot Momo -Referral to Flooo"" & Qtywtde Project' CommiHee 2.doO>< Agenda Item Cl.( !3 Date c;;-~-13> 118 THIS PAGE INTENTIONALLY LEFT BLANK 119 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, Manager FROM: Michael Gongora, Commissioner DATE: April30, 2013 SUBJECT: Referral Item for May 9 Commission Meeting Please place on the February Commission consent agenda a referral to Land Use and Development Committee to discuss FOOT's recommendation of the undertaking of a study concerning the speed limit on Alton Road. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df Agenda Item C f( C. Date s--8'-!.3 120 THIS PAGE INTENTIONALLY LEFT BLANK 121 m MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, Manager FROM Michael GOngora, Commissioner ~~-.... DATE: April 30, 2013 SUBJECT: Referral Item for May 9 Commission Meeting Please place on the February Commission consent agenda a referral to Finance Committee/Budget Meetings to discuss a budget item this year regarding hiring an Inspector to investigate claims of fraudulent activity and perform other investigative services. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 122 Agenda ltem __ G_V D=-- Date___..lS:'--__::~=----13~ THIS PAGE INTENTIONALLY LEFT BLANK 123 OFFICE OF THE CITY AnORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: FROM: DATE: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION CITY MANAGER JIMMY MOR,.,. .......... JOSE SMITH ;//fl_.-vJ' CITY ATTOR~~"\t: ~ MAY 8, 2013 SUBJECT: ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 2, ENTITLED "OFFICERS, EMPLOYEES AND AGENCY MEMBERS," BY AMENDING SECTION 2-450, ENTITLED "DISCLOSURE OF INTEREST IN/RELATIONSHIP WITH BUSINESS ENTITY," AND SECTION 2-458, ENTITLED "SUPPLEMENTAL ABSTENTION AND DISCLOSURE REQUIREMENTS,u TO REQUIRE ADDITIONAL PUBLIC DISCLOSURE OF CONFLICTS/INTERESTS POSSESSED BY CITY OFFICERS AND EMPLOYEES VIA PUBLIC DISCLOSURE STATEMENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Pursuant to the request of City Commissioner Jerry Libbin, the attached Ordinance has been drafted amending portions of the City of Miami Beach's ethics regulations to provide for stricter voting conflict disclosure requirements. Specifically, City Code Sections 2-450, entitled "Disclosure of interest in/relationship with business entity," and 2-458, entitled "Supplemental abstention and disclosure requirements," currently provide for the filing of a written statement disclosing conflicts or relationships possessed by City officials in relationship to their official actions. The proposed Ordinance will require an additional disclosure by a public announcement made either: 1) at the City meeting immediately following the written disclosure (per Code section 2- 450); or 2) immediately prior to a discussion of the agenda item (per Code section 2- 458). At the request of Commissioner Jerry Libbin, the attached Ordinance is submitted for the City Commission's referral to the Neighborhood/Community Affairs Committee for its review and recommendation. F:\A TTO\TURN\COMMMEMO\voting abstention and disclosure requirements.docx 124 Agenda Item C.(.f£ Date 5-~-/3 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 2, ENTITLED "OFFICERS, EMPLOYEES AND AGENCY MEMBERS," BY AMENDING SECTION 2-450, ENTITLED "DISCLOSURE OF INTEREST IN/RELATIONSHIP WITH BUSINESS ENTITY," AND SECTION 2-458, ENTITLED "SUPPLEMENTAL ABSTENTION AND DISCLOSURE REQUIREMENTS;" TO REQUIRE ADDITIONAL PUBLIC DISCLOSURE OF CONFLICTS/INTERESTS POSSESSED BY CITY OFFICERS AND EMPLOYEES VIA PUBLIC DISCLOSURE STATEMENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2, Article VII, Division 2 entitled "Officers, Employees and Agency Members", Sections 2-450 "Disclosure of Interest in/Relationship with Business Entity" and 2-458 "Supplemental Abstention and Disclosure Requirements" thereof, is hereby amended to read as follows: Sec. 2-450. -Disclosure of interest in/relationship with business entity. (a) (1) If a public officer or employee of the city directly or indirectly (via participation in any type of business entity) has or holds any employment or contractual relationship with any other business entity which the officer or employee knows or with the exercise of reasonable care should know, is doing business with the city, and which relationship is otherwise permissible under state and county ethics law, he/she shall within 15 days of said knowledge file a sworn statement with the city clerk disclosing, (consistent with relevant privilege exemptions) the specific nature of employment and interest in such business entity as well as commencement date of the subject employment or contractual relationship and (if applicable) term of such relationship, and (in the case of a public officer} shall further publicly announce into the record the matters disclosed in said sworn statement at the City Commission meeting immediately following said filing. The city clerk shall publish logs on a quarterly basis reflecting the disclosure forms referenced herein. (2) If a member of the city commission establishes a business relationship with any person or business entity within 12 months after a city commission vote, which vote the city commission member knows directly benefits that person or business entity, the subject member of the city commission shall disclose any such business relationship in writing to the city clerk within 15 days after the business relationship is established, and shall further publicly announce into the record the matters contained in such written disclosure at the City Commission meeting immediately following said filing. 125 (b) Definitions. Business entity means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not. Business relationship, for purposes of subsection (a)(2) above, shall mean that a member of the city commission has a relationship with a person or business entity wherein: (1) The person/business entity is a customer of the member of the city commission (or of his/her employer) and transacts more than $10,000.00 of the business of the member of the city commission (or of his/her employer) in the 12-month period immediately after the subject vote; or (2) The member of the city commission (or his/her employer) is a customer of the person/business entity and transacts more than $10,000.00 of the business of the person/business entity in the 12-month period immediately after the subject vote. (3) The $10,000.00 threshold referenced hereinabove shall be adjusted annually to reflect increases in the Consumer Price Index. Contractual relationship shall exclude situations in which a person's shareholder interest in a publicly traded company is less than five percent. Public officer includes any person presently serving who has been elected or appointed to hold office in any agency. (c) Regardless of the requirements of subsection (a) hereinabove, the validity of any action or determination of the city commission or city personnel, board or committee shall not be affected by the failure of any person to comply with said disclosure provisions. Sec. 2-458.-Supplemental abstention and disclosure requirements. In addition to those conflict of interest abstention and disclosure requirements currently required by state and/or county law, the following requirements shall also apply to public officers: (a) Conflicting relationships. (1) A public officer with a .conflict of interesLon a particular matter is prohibited from participating in that matter. "Participation" means any attempt to influence the decision by oral or written communication, whether made by the officer or at the officer's direction. (2) Written disclosures of conflict of interest shall contain the full nature of the conflict at issue, including, but not limited to, names of individuals whose relationship with the officer results in the subject conflict, and all material facts relevant to the conflict 2 126 issue. The written memorandum disclosing conflict of interest shall be stated into the record before any discussion begins on the subject agenda item. This written disclosure memorandum must be filed regardless of whether the officer possessing the conflict was in attendance or not during consideration of the subject item the subject meeting. If in attendance at the subject meeting. the public officer shall also publicly announce into the meeting record immediately before discussion begins on the subject agenda item the nature of the officer's interest in the matter from which he is abstaining from participation. (b) Other relationships requiring disclosure. In those instances involving neither a legal conflict or declared appearance of conflict, each public officer shall further disclose by g written disclosure memorandum and public announcement the existence of any family and/or business relationship of which the public officer is aware, with any person or business entity who is directly benefited by the subject vote of the agency on which the public officer serves. This written disclosure memorandum must be filed regardless of whether the subject public officer was in attendance or not during consideration of the subject item. The public officer shall also publicly announce into the meeting record immediately before discussion begins on the subject agenda item the nature of the officer's subject family or business relationship. (c) {Duration of requirements.} The disclosure requirements set forth in subsections (a)(2} and (b) above shall have continuing applicability for a period of up to 18 months after the subject relationship has ended. (d) Definitions. As used in this section, the following definitions shall apply: Agency shall mean any board, commission, committee or authority of the city, whether advisory, ad hoc or standing in nature Business relationship (for purposes of subsection (b) above) shall mean the situation in which a public officer has a relationship with a person or business entity wherein: (1) The person/business entity is a customer of the public officer (or of his/her employer) and transacts more than $10,000.00 of the business of the public officer (or of his/her employer) in the 12-month period immediately preceding the subject vote; or (2) The public officer is a customer of the person/business entity and transacts more than $10,000.00 of the business of the person/business entity in the 12- month period immediately preceding the. subject vote. (3) The $10,000.00 threshold referenced hereinabove shall be adjusted annually to reflect increases in the Consumer Price Index. Family shall mean the spouse, domestic partner, parents, stepparents, in-laws, children, and stepchildren of the public officer. 3 127 Public officer includes any person presently serving who has been elected or appointed to hold office in any agency. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. · SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the ___ day of _______ , 2013. PASSED and ADOPTED this ___ day of _________ , 2013. ATTEST: Rafael E. Granado City Clerk (Sponsored by Commissioner Jerry Libbin) Matti Herrera Bower Mayor APPROVED I'\S TO FOF\fv'l8( LANCUAC.iE & FOH EXECUTION F:\A TTO\TURN\ORDINANC\Abstention and disclosure requirements Sections 2-450 and 2-458.docx 4 128 THIS PAGE INTENTIONALLY LEFT BLANK 129 m MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Jerry Libbin, Commissioner DATE: May 1, 2013 SUBJECT: Consent Agenda item for the May 8, 2013 Commission meeting; Please place on the May 8th Commission agenda, a referral to the Neighborhood / Community Affairs Committee to discuss and consider a new False Claims Ordinance {Whistle Blower). Please contact my office at ext. 7106 if you have any questions. JL/er We are commi!l~d lo p~t.>viding c•xcellen' pub!ir, servlcti and .sole!)· ro cr/1 who livt•, wo1k, and play in our vibr 130 Agenda Item C <j E Date )-8-r3 THIS PAGE INTENTIONALLY LEFT BLANK 131 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Ed Tobin, Commissioner DATE: May 1, 2013 SUBJECT: Agenda item for May 8, 2013 City Commission Meeting Please place on the May 8th City Commission Meeting a referral to Neighborhood/ Community Affairs Committee to discuss the 1st Annual "Canstruction" Jr. South Florida Competition. Canstruction is a benefit competition organized by the American Institute of Architects and the Society of Design Administration. It combines a design/build competition with a way to feed the hungry. The competition is planned for November 2013. Joshua's Heart Foundation, a 501 C3 has the license to facilitate this competition in South Florida. Commissioner Tobin's office has been undertaking an initiative to expand the food pantry with one of the local agencies on Miami Beach and is planning to partner with Joshua's Heart to raise awareness of hunger on Miami Beach and provide food for local residents. We respectfully request this item be referred to the next Neighborhoods and Community Affairs meeting for discussion. If you have any questions please contact, Dessiree Kane at Extension 627 4 ET/dk 132 Agenda Item G lf G- O ate s-~'6-13> THIS PAGE INTENTIONALLY LEFT BLANK 133 ~ MIAMI BEACH OFFICE Of THE MAYOR AND COMMISSiON MEMORANDUM TO: Jimmy Morales, City Manager FROM: Ed Tobin, Commissioner DATE: May1,2013 SUBJECT: Agenda item for May 8, 2013 City Commission Meeting Please place on the May 81h City Commission Meeting a referral to Land Use and Development Committee to discuss an item addressing the uses adjacent to St. Patrick's Church and the possibility of permitting additional uses. If you have any questions please contact, Dessiree Kane at Extension 6274 ET/dk "''; 134 Agenda Item C f(l( Date r~K-/3 THIS PAGE INTENTIONALLY LEFT BLANK 135 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Ed Tobin, Commissioner DATE: May 1, 2013 SUBJECT: Agenda item for May 8, 2013 City Commission Meeting Please place on the May sth City Commission Meeting a referral to Neighborhood/ Community Affairs Committee to discuss the FOOT Alton Road Project between 61h and Michigan. If you have any questions please contact, Dessiree Kane at Extension 6274 ET/dk , .. ,;• ';" ;·,, '.,' .,,. 136 Agenda ltem __ C__....V-=7;;;....___ Date_s-:::....--~8-......._L.,.,L-3- THIS PAGE INTENTIONALLY LEFT BLANK 137 C6 COMMISSION COMMITTEE REPORTS C') 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 Me FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 SUBJECT: REPORT OF THE APRIL 23, 2013 LAND USE AND DEVELOPMENT COMMITTEE MEETING A Land Use and Development Committee meeting was held on April 23, 2013. Members in attendance were Commissioners Gongora, Wolfson and Libbin, along with members from the Administration and the public, were also in attendance. Please see the attached sign-in sheet. The meeting was called to order at 3:50 pm. 1. DISCUSSION REGARDING THE DEVELOPMENT OF THE WEST LOTS BETWEEN 79TH STREET TO 87TH STREET AND COLLINS AVENUE. (DEFERRED FROM THE FEBRUARY 13,2013 LUDC MEETING ORIGINIALL Y REFERRED BY COMMISSIONER JERRY LIBBIN DECEMBER 12,2012, CITY COMMISSION MEETING, ITEM R9G) AFTER-ACTION: Richard Lorber provided an overview and administration recommendation. Jorge Gomez mentioned that a City referendum may be required for any type of Joint Venture. Commissioner Libbin indicated that it would be a good idea to hear from the community, particularly to build consensus around what types of development should take place in the area. Commissioner Libbin emphasized the need for a transportation circulator in the North Beach area. Also, Commissioner Libbin noted that the Byron Carlyle should be part of a larger picture, perhaps reaching out to various groups through an RFP. Commissioner Gongora would be supportive of a development that had a specific public purpose. Daniel Veitia spoke, indicating that more tourist dollars/revenue needed. Carol Hausen emphasized the Town Center Plan and retaining open space of 72no Street lots. Commissioner Wolfson indicated that he supports efforts to incentivize commercial development and attractions. Debra Ruggierio spoke about the location of skate park in 72nd area. Mark Weithorn spoke about concern with congestion that would be generated by potential development Park across the street .from west lots & 72nd Street lot is very valuable to residents. Glenda Phipps, speaking on behalf of Fairway Park neighborhood, said there was overwhelming support for the TC plan. She wanted attractions in North Beach for recreation (family/kids). 72nd Street and West Lots would be too valuable for a supermarket or other commercial development. MOTION: Deferred 139 Agenda ltem_-=C~(p.....:;_IJ-'-- Date--=s-:_--=-'if---:r /.,.....:3;___ City Commission Memorandum Report of Land Use & Development Committee Meeting of April 23, 2013 Page 2 of6 2. DISCUSSION REGARDING DEVELOPMENT OF THE PARKING LOT BETWEEN 72N° AND 73Ro STREET AND COLLINS AVENUE. (DEFERRED FROM THE FEBRUARY 13, 2013LUDC MEETING ORIGINIALL Y REFERRED BY COMMISSIONER JERRY LIBBIN DECEMBER 12,2012 CITY COMMISSION MEETING ITEM R9F) AFTER-ACTION: Richard Lorber provided an overview and administration recommendation. Mr. Lorber noted the importance of retaining open, public character, includi ng spaces. Commissioner Gongora relates a desire of Commissioner Weithorn the inclusion of Institutions of Higher Education. Daniel Veitia talked about the 'T .. r' plan and code changes. He also mentioned that NB is lacking tourism. He s · · ng streetscape plan and parking structures. Additionally, the 71st is perfect for development, with ?2nd street corridor retained as open . . niel suggested that the Commission direct Planning Dept to the TC plan and take the lead on this. Commissioner Libbin discussed . On 72nd Street, parking ~hould be e suggests integratil')g;~~~l~a~~it hub. having planning ~~}tHe f& .. ~ ,: · . build in · for diffe;~~t{~~~~as on the 72nd being retaln~S~ as some type ''"'""'H'"''-' somewhere in North Beach. e type of public space. Also 's suggestion regarding Street site. City Manager Jimm~\~Morales~~f~cussed a . ntial role for the FlU School of Architecture and the Arts particip~tlh9. in .Nort[l.J3each and suggested that the students could =~~~~Pia~~~~s;:r£~~\e : :~~~lp and discussion tor 72"' Street site. 0,;'•:;,.... Llbbm/Wolfs~n; (3-0) ':;~:,,:, '·~~~~~~~·~\>-·~:'~{~~~i~{. <,;,::f'-~~:fJt~~~~-1·. 3. :•~gNING AND' f'I;:ANNING/ INITIATIVES FOR NORTH BEACH INCLUDING ORDINA~(:;~ AMENQJVIENTS FOR PARKING REQUIREMENTS AND DEVELOPNfBIT REGUiJ~TIONS. (DEFE(i,~D ijflQ,M THE FEBRUARY 13,2013 LUDC MEETING ORIGINt~~J.i~JREFERRED BY COMMISSIONER JERRY LIBBIN DECEMBER 12,2012 CITY COMMISSION MEETING, ITEM C41 #1) AFTER-ACTION: Richard Lorber provided an overview and administration recommendation, including specific recommendations of the Planning Board. Commissioner Libbin suggested that parking recommendations to the Transportation and Parking Committee. Mark Weithorn suggested that Item No. 6 is good. Daniel Veitia was supportive of parking incentives in order to promote retention of buildings and promote investment. 140 City Commission Memorandum Report of Land Use & Development Committee Meeting of April 23, 2013 Page 3 of6 Richard Lorber gave an overview of proposed Parking & RM-1 Ordinance, as well as design guidelines for MiMo buildings. Carol Hausen discussed legalizing short term rentals west of Harding Avenue, as there are a number of illegal short term rentals in the area. MOTION: Send items 1, 2, 3 in the memo, pertaining to parking, to the Transportation and Parking Committee. Entire item to be brought back to the LUDC at a future date. Lib bin I Wolfson (3-0) 4. REDUCED PARKING RATES FOR HOTEL EMPLOYEES. (DEFERRED FROM THE FEBRUARY 13, 201~.:,kUDC MEETING ORIGINALLY REQUESTED BY COMMISSIO . · .... ·• JONAH WOLFSON, OCTOBER 19. 2011 CITY COMMISSI . . ETING, ITEM C4K) AFTER-ACTION: No discussion MOTION: Deferred 5. DISCUSSION OF THE MIAMI BEAC~~~\:#.~RENi~l?ITY CO~~~~~;tJAPTER 6-4 (3) ~~~'iT~~~ ~~~~~~H~~5o~~~:~:·1~6~g~·~H¢JA~ET~~~~~tv Alg~K~~~J ADOPTING THE COUNTY REQUIREMENT OF 1S()o.FEET. (DEFERRED FROM Ttfi FEE( RY 13·, 2·~. 3LUDC MEETING ORIGINALLY REFERRED't . CO lONE GE R. EXPOSITO OCTOBSR«:~9~~:·2011 Cl . OM !tl"tJIEE ., G, ITEM C4L) :{#f;f~.:~~·~:(:~·.;> . ->--.~~~:):!~·:\--~ ~-:[:;:;·.~:<*<?:-:,_. AFTER·ACTION~~c,·;.):, • .. ·:. '" ;,·~~:~:ff> ~.::..=:...;..:...:=-:..=.:.::o .. • \'Xi., No discussion ··:~'~[i{~"~· ··;.•ri::.~.. ;~~e~~'" MOTIQ~~ir,:§~~Ie~:ted ."; }t':(·· ··• .Y~::;~0;~;.""' 6 .. ~~~~EW ~;·~iXn.u B~A2H l-AND ·~~g;BOARDS TO IMPROVE THE CITY OF MIAMI BE.ACH BUILDING AND PlA~NING DEPARTMENT PROCESSES • ........ (DEFERRED FROM TI-l): FEBRUARY 13,2013 LUDC MEETING OQ.J91NALL Y REQUESTED BY COMMISSIONER MICHAEL GONGORA ~~J'MARCH 21. 20~2 CITY COMMISSION MEETING, ITEM C4M) AFTER-ACT!~~~~\·~, )~_:;:r No discussion ;_' .-\,~" ,,._ ,c· {~~h~F::-:· MOTION: Deferred 7. DISCUSSION REGARDING FOOD TRUCKS ON PRIVATE PROPERTY. (RETURNING FROM THE FEBRUARY 13,2013 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON SEPTEMBER 12.2012 CITY COMMISSION MEETING, ITEM C4K) AFTER-ACTION: No discussion 141 City Commission Memorandum Report of Land Use & Development Committee Meeting of April 23, 2013 Page 4 of6 MOTION: Deferred 8. DISCUSSION PERTAINING TO "SMARTER MATERIALS FOR NEXT GENERATION INFRASTRUCTURE," SUCH AS ELIMINATING THE DISPOSAL OF TIRES IN GLOBAL LANDFILLS AND INCINERATORS. (DEFERRED FROM THE FEBRUARY 13,2013 LUDC MEETING ORIGINALLY REFERRED BY COMMISSIONER MICHAEL GONGORA DECEMBER 12,2012 CITY COMMISSION MEETING, ITEM C4M) AFTER-ACTION: No discussion MOTION: Deferred AFTER-ACTION: No discussion MOTION: Deferred \'~·~t~~;~: ~ ... ~::·~:t( ··~,~);:~t:~::;,:t AFTER-ACTION: Endorse O~~!tlance as am~nded at First Reading '\~ '~~''.'·,' ·<·~:... ·~\~J~:~\-CUSSIO~-~t~~~t~~OWALK ~~-•·· ,?{:~:':> ':;:(REQUI;SJ"ED BY CITY COMMISSION ·.·.·' .. FEBRUARY6 •. 2013 CiTY. COMMISSION MEETING, ITEM R9B1) ,~:~.'~,J.. \· \o·''~~, ,, " AFTER-ACTlb\N,:. '\."~~~ Jay Fink of the~e·uQiic Work~'Pepartment provided an overview of boardwalk construction, as well as recent p'r:C,Rosalsid+eplace boardwalk with beach walk pavers. 1. Maintain existih~)Q~~rowalk (1 OOk per year). 2. Widen boardwalk:'•':" · 3. Remove boardwalk and replace with beachwalk. DEP prefers 4. Remove boardwalk and raise grade before placing pavers. This would allow for better views. Also requires more fill and potentially retention walls. Commissioner Ubbin indicated that he likes the boardwalk, and was under impression that it had to be removed. He suggested leaving the boardwalk the way it is and having a grade level path to the immediate east and/or segregating walkers and bikers. 142 City Commission Memorandum Report of Land Use & Development Committee Meeting of April 23, 2013 Page 5of6 City Manager Jimmy Morales asked if we have a definitive answer on whether the boardwalk has to come down. The Administration replied that the State has not required that the boardwalk come down. Any modifications or expansion of the boardwalk would require State review. The State requires engineering drawings to provide adequate feedback. Betsy Wheaton explained technical requirements for State review. Mark Weithorn would like to see the connection from 46 1h -641h Streets completed, before modifying existing boardwalk. Adam Shedroff drew comparison to Collins canal walk. Tom Muia from the Marriott Edition I Seville hotel project explained that Marriott agreed to lower boardwalk from 29 1h~30 1h Street. He explained imp~ lpf not removing the boardwalk on the design of the project. Commissioner Wolfson in · · · that he is OK with the Seville portion of boardwalk being lowered. Triton Tow ents suggested having Seville donate funds for boardwalk removal to city for.~c: •••. ~ •• ~ maintenance, and expressed safety concerns with removing boardwalk. Anqthe[·,:fhton f()w~r resident expressed support for boardwalk, as it is safer, and said he won;(~gg on the beac6\Affilk pavers, due to cyclists, skaters, etc. '' Ira Giller circulated a petition with over"~ .:,,signatur~s in supp , .. f maintaining the boardwalk. Ira was part of the original desigrft~~p1 fo~JD~/poardwalk. 'H~believes that the boardwalk has a very long life sp?~: The Boardw~l.kJ~~.~;much better surfaqe to walk on. He believes a parallel path for bikes iS~·C1:g~pd option. ';,.•, Blue/Green Diamond Resident a~~~~~~~: i~~~tl,.Neig~;Jg'~Qd Alliance agreed with all of Ira points, and also has ~.major safety cgnFern, paftt .l~rly ···· ts with segways and bikes on beachwalk. Eugene·"R:q.(:triguez supported th~.'-:pf seg . ating bikes from walkers by adding a separat? ~ike p~tti: Residents''t?lpg,(?>.(pressecfqqrcern about homeless under the boardwalk. ';·· ...• :.•.•i,•···.··'. • .. /. .. ,. \'.• .. ' .•. ,;.: ·;,·;.•'{ '. . ,-_/::,,~',~~~ ,.~, ~''" ,-, .. ''··]~-~~.~.:.~;.~ .. ·.-~ .. ~.·,.,··.:.· .. ·· '~tz~:·.:r ~~£t~~,:~t' -~-~\·>~' :~. r~1.'/:~~, ;,~.~~.:~ Commission~r Libbin·as~E?d i .. ·... <.~ space"t~&'Qreate a new, at grade path. Commissioner Gongq~~c;~~~Q.~.~t.~d that1tl)~.;~t;l . 4,i~to I(~~~ the boardwalk, finish 46-64 st connection and. jfien look at·:at~rade hfR~, lane adjac~n,t to boardwalk. He also suggested having the SeviWi work with the administration to resolvethe boardwalk issue behind the hotel. MOTION:'i'~[lsensus r:~~~~d on 'I<.. ping the existing, raised boardwalk. Priority to be given to com'~.l(i?t;ing the be~&~walk link between 46th and 64th Streets, and then study the potential of ad~.iDQ a bike,i.;J~ath at grade, adjacent to the existing raised boardwalk. Administration directed to 'evaluate existing projects that contemplate the removal of portions of the boar~waJK;, find report back to the LUDC on progress. 12. DISCUSSION REGARDING THE CURRENT SIDEWALK CAFE ORDINANCE (RETURNING FROM THE FEBRUARY 13,2013 LUDC MEETING) a) DISCUSSION REGARDING THE LINCOLN ROAD UTILIZATION AREAS FOR SIDEWALK CAFES. (REQUESTED BY COMMISSIONER MICHAEL GONGORA JANUARY 16,2013 CITY COMMISSION MEETING, ITEM C4R) b) USE OF ELECTRICITY BY SIDEWALK CAFES; AND REFER ALL CURRENT SIDEWALK CAFE MATTERS TO LUDC. 143 City Commission Memorandum Report of Land Use & Development Committee Meeting of April 23, 2013 Page 6 of6 (REQUESTED BY COMMISSIONER DEEDE WEITHORN AND CITY COMMISSION JANUARY 16. 2013, ITEM R9G) c) DISCUSSION REGARDING RESTAURANT SOLICITATION OF PEDESTRIANS ON CITY SIDEWALKS, PARTICULARLY OCEAN DRIVE AND LINCOLN ROAD. (ORIGINALLY REFERRED TO NCAC BY COMMISSIONER EDWARD L. TOBIN DECEMBER 12,2012 CITY COMMISSION MEETING, ITEM C4H) AFTER-ACTION: At request of Commissioner Weithorn, item 12.b is deferred. Stephen Scott of the Building Department provided an based upon direction of the LUDC at the previous meeting. Commissioner Wol,f: .. pressed a concern with making changes retroactive. Adminstration confirms any cp~"' ·s;~puld be prospective. Commissioner Libbin suggested that sofa~·~\@Q:t;trg: pe:~~~~. Commissioner Wolfson indicated that he is ok with sofas. Carl.~it:~t~'bus expressed'~t':' cern with tacky/cheesy nature of sidewalk cafes. Design, hawkin "'' \'·~roblem. Morris Su was concerned with impact of sidewalk cafes on the reside" #!.,quality of. life. Marg\.Qourtney suggests transferring review of sidewalk cafes from PVV .;to Planning Dept. Davict.Kelsey indicated Lincoln Road and Ocean Drive ~r~ .successful abq pare'ileeds to be tak:e!J with regard to revised regulations and suggest~~~.~UL~g the inpuf:~f;:~.usiness owners andtenants. Adam Shedroff spoke. ·':;e~;":"';'li~~k:t:•J:. ·::;:;~~"~·. "->~:-.~:?h:' ·-Ji::{!$~~-,\7. ··, ·. -:~~~:~~~~;_: Commissioner Wolfson 13aid he undsrstands cbnqerns of 'Mfl'rl.o Courtney, but wonders why the LUDC has not l]eard from other.business (!wr~ers oti~Qcean Drive. He suggested compiling a list of.Qcean Driye owners/t~nc=Jptp, ariel me~t with everyone. Commissioner Gongora discuss~~·.)rrespons[J;lJe busine~.~~~ ·Robert Santo discussed the problem of conflicting plans on"'f:il~:·. ~X•IJ ·~·iiv:' . . -_, ·'<>~,_.~:: Commi~~lgp~j;\Libbin'~~~f$·9·~~a~'cf~~t~~.·:}ranJ~fring some review authority from PW to PlanQii)g. City'Man9ger Jimmy Morales fnoipated that the administration will put together a work plan for enforc~m(3nt. Jor:g(3 Gomez indicates that there will be outreach to the current sidew@l.is cafe operators.l]1e Cify,Mc:mager also suggested convening an industry meeting. -:;-:j_,\1;'/'.:, -'~J,','·>'·"\ ·-.. · .. ;<;;~~,~-' MOTIO~;,~~~;f fer entire if~~\~( 12.a:'ci)tfi:Administration instructed to continue enforcement of current regu1 · os. '.'' ij:\'~;~ 13. ~~~~c:6o~.~~x~~~~~gR~~~~ T:R~~S~TT COC~N~~;~~;~,vNFE:;~~~!.TY T~TU~~ CONDUCTED BYTttE 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. 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'i.Q~ . __ , ~113"\iL @l\\~;~~j· , 35. -1 , JJ ,5 /J _ / r--1 z.., trf_(/' \ L 17 ~ ~@ / / a · -+i£-.zit ;rt_L,_-_IC:...::__~< . .::Ju ,.) -10 ~ ---~IJ:::..£0__ __..c:-.r-::'f_________ {~"' u, .r>~--i"-"'""4"'"'-':·~een--. 36. v p @ . --=-~-L---==--=-~-----1-----------------r---=--:-·_--=------~ ---+------------------------------·--r--@ t=.· T----------------. ___J @ ---M:\$CMB\CCUPDATES\Land Use and Development Committee\Sign Tn Sheet 2013 docx-·-------------------------1 __________ _ 37. 38. ·---1 ..... ~ (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.rniomibeachfl.gov COMMITIEE MEMORANDUM To: Mayor Matti Herrera Bower and Me From: Jimmy L. Morales, City Manager ,_,_...,..._ Date: May 8, 2013 Subject: REPORT OF THE CAPITAL IMP OVEMENT PROJECTS OVERSIGHT COMMITTEE MEETING OF MARCH 11,2013 A meeting of the CIP Oversight Committee was held on Monday, March 11, 2013. The meeting was called to order at 5:40 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. mfamibeachfl. govlvideo/video. 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 introduced Cheryl Jacobs, newest member of the Committee. She is a member of AlA, in the construction business with an architecture firm. She has been a resident of Belle Isle since 1987. 2. REVIEW AND ACCEPTANCE OF MINUTES 5:40p.m. Report of the Capital Improvement Oversight Committee Meeting of January 14, 2013 MOTION: MOVED: PASSED: Acceptance of Report (Minutes) of the January 14, 2013 CIPOC Meeting. As updated. D. Kraai 2nd: Robert Rabinowitz UNANIMOUS 3. PUBLIC COMMENTS 7:04p.m. Alexander Morales, a resident of Miami Beach asked about the status of the South Pointe Park Pier and the Flamingo Park Football Stadium. Mattie Reyes, who is the project manager for both projects, answered that a groundbreaking event was held for the construction of the pier earlier this year and that work is currently being done in the water to relocate corals. The project is expected to be completed in one year. The bids for a contractor for the Flamingo Park Football field and amenities were expected to come in Friday, March 15. If the schedule holds, the project is expected to be completed in September 2013. 147 Agenda Item C(i;B Date 5""'-~ -! 3 CIPOC MEETING MINUTES, March 11, 2013 Page 2 ofB 4. OLD BUSINESS I REQUESTED REPORTS a. North Beach Neighborhoods Status Report: Normandy Isle Phase II Neighborhood Improvements 5:43 p.m. Mattie Reyes, Senior Capital Projects Coordinator reported on the status of the project, noting that this phase includes several miscellaneous items that were not addressed in the overall neighborhood project that was completed a few years ago. Several lighting outages have been addressed. The City is working with FPL and the lighting contractor to resolve the problem. The City is withholding payment until this is fixed, and the contractor has been extremely cooperative. Saul Gross confirmed that the wiring in these fixtures is new. FPL has installed a voltage meter in order to determine if there were fluctuations in the voltage flow. A meeting including the contractor, FPL. Public Works and the project engineer took place concurrent with the CIPOC meeting. The team was on site assessing the situation, and were to report back to Ms. Reyes. Landscaping replacement continues, and completion was expected by the end of March 2013. The City still has to negotiate swale improvements and drainage. Mr. Gross asked if it was more of a burden on CIP staff to handle piecemeal items that were leftover or afterthoughts from past projects. Fernando Vazquez, CIP Director, said that it does strain resources and staff, but that it has provided lessons learned, so CIP can close out and "not look back" when they come to the end of a project. Ms. Reyes noted that the scope of work for this phase was not included in the original package, and came about from resident requests. Dwight Kraai asked Ms. Reyes to explain the extent of the drainage work being done. Drainage work was not included in the original project. Residents complained of ponding water in the streets on Marseille Drive. Now, a new design is being done to address the standing water. Mr. Kraai asked if the water was a result of high tides. The answer is no, the puddles are a result of rainfall. Mr. Vazquez noted that projects in the past were constructed with an eye on dollars spent, rather than service levels reached. This resulted in projects not being completed to stakeholder satisfaction. The lessons learned are to look at solid designs, delivering service and creating a completed product that does not require revisiting. Status on Biscayne Point Neighborhood Improvement Project 5:51 p.m. Substantial completion of the work on Stillwater Drive is expected very soon. A final walkthrough was scheduled for the end of March. The County will also soon be performing inspection of the wells. The project team wants to get the drainage online before the rainy season begins. There have been some challenges in Biscayne Beach with the wiring of the existing street lights. The contractor has been addressing these issues. Pump station construction is expected to begin in April. The County is asking for 15*foot travel lanes in Biscayne Beach, and has not yet approved the hardscape plans for the project. The City is working through several options in order to meet the requirements of the Fire Department. Should the final design differ from the proposed design, the neighborhood will be notified through the public involvement process. Mr. Kraai asked if tide water drainage is a consideration for this project. Mr. Vazquez responded that the plans for Biscayne Point are based on the old criteria, and not the drainage criteria included in the new stormwater master plan. Mr. Kraai made a recommendation that CIP clearly state what sea level elevation measurements are being used in the design for drainage solutions in future projects. F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\5-May\CIPOC March 11 Meeting Minutes.docx 148 CIPOC MEETING MINUTES, March 11, 2013 Page 3 ofB b. Middle Beach Neighborhoods Status Report: Central Bavshore Improvements 5:59 p.m. Maria Hernandez, Senior Capital Projects Coordinator mentioned that a large item was to go to Commission for a second phase of this project (more below). The next phase would include more stormwater components, valley gutters and additional milling and resurfacing of the roadway. The additional work would cost $3.5 million. The resolution also extends the contract from October 2013 to March 2014. Most of the new items were requests brought to the City by residents after the contract was approved by Commission. The City is in agreement with most of the requests, which include 400 shade trees, narrowing of streets and installation of valley gutters. Robert Rabinowitz asked about utility conflicts in this neighborhood. Maria Hernandez explained that one pump station that was to be installed on Flamingo Drive during phase I was relocated and will be installed near the golf course in phase II. This eliminates conflicts with public utilities. Christina Cuervo asked why drainage was being added. This request was a result of a storm event in 2009 and another rain event during construction. The team determined that a redesign was necessary. Additionally, information that has come out of the research for the new Stormwater Master Plan brought to light the need for additional drainage in this neighborhood. This will include 2.5 acres of lake storage within the golf course, new outfalls and new piping. Dwight Kraai asked CIP to report which Mean High Water Elevation (MHW) levels are being used in the calculations for the additional drainage needs in the Bayshore project. Status Report: Lake Pancoast Improvements 6:13p.m. Maria Hernandez, Senior Capital Projects Coordinator reported that the project is scheduled to be completed in May 2013. The only components left in this project include the streetscape in front of the Martall Plaza, the completion of the pump station and the associated electrical panel. The project will be completed with enhanced landscaping. Lanzo Construction, it was noted, has been a good contractor, and the project has moved along to the City's satisfaction. Status Report: Sunset Islands I & II 6:15p.m. Maria Hernandez, Senior Capital Projects Coordinator reported that the project is nearly at substantial completion. All the drainage work in this project is complete. Mr. Gross asked Elizabeth Camargo to give her opinion about the project, since she is a resident of the neighborhood. She had good things to say, adding that the residents are generally happy. They are looking forward to the annual picnic to celebrate. She also mentioned that the street level was raised, which impacted over 10% of the residents on Sunset Island II. This unanticipated effect resulted in additional work to harmonize properties with the street level. *See discussion for the Lower North Bay Road project, below. F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\5-May\CIPOC March 11 Meeting Minutes.docx 149 CIPOC MEETING MINUTES, March 11, 2013 Page 4 ofB Status Report: Sunset Islands Ill & IV 7:07p.m. Public Works hired C3TS as the Design Criteria Professional. Public Works will an item to Commission in order to advertise the RFQ for a Design Build firm. Status on Lower North Bav Road 6:31 p.m. Just prior to the discussion on Lower North Bay Road, during discussion on Sunset Islands I & II, the Committee talked about the condition of the outfa!ls on the islands. If there is to be a "phase II" project for Sunsets I & II, work would consist of increasing the size of outfalls. This would be a difficult process due to significant encroachments over the outfall pipes. Mr. Gross asked if there was an issue with upgrades of the outfalls and sea-level rise. Mr. Vazquez explained that larger outfalls contribute to better conveyance of storm water. He added that it is important to look at the contours of the bay water compared to the contours of the ground water. It was mentioned that this discussion should continue with Public Works and other agencies. (Mr. Vazquez noted that CIP is the construction group, not the regulatory agency). Mr. Gross asked which projects were coming up that would benefit from this discussion. And the meeting moved into discussion of Lower North Bay Road. There are some low elevations on Lower North Bay Road (3.15) where some of the catch basins are located and CIP wants to look into this with PWD. Mr. Gross asked if Public Works was involved in the planning for LNBR and were incorporating into that planning the necessity to address sea-level rise. He also asked if the concept of roadway harmonization was being considered, if the road elevation is to be raised. He pointed out that the City had historically considered the issue of driveway flooding to be the property-owners' problem, but if the roadway is to be raised, the City will have to harmonize the driveways. LNBR will be a hard bid unit price contract. The City is using lessons learned from previous projects about material quantities and incorporating that in the bid. CIP would like to include additional items including seawall reconstruction at 23 Street where there is a pump station to be installed, sewer lining, and a number of items included in the plans based on resident input. Public Works has also requested additional components on the pumps to be installed, such as sensors, well pressure transmitters, and proper breakers. Christina Cuervo noted that she would like to see sanitary sewer lining to be included in all future right-of-way projects. Mr. Gross continued to push for a discussion with Public Works about incorporating components of the new Stormwater Master Plan in the LNBR design. Mr. Vazquez agreed that this project gives CIP the opportunity to further the sea-level rise discussion and incorporate it into the plans. Mr. Gross asked how satisfied the City has been with CH2MHi!l's design. Mr. Gross said they have delivered what was asked and they have worked with the City on the Bayshore projects without problems. Mr. Gross wanted to know what the issues were with this engineer on Sunset I & II. Mr. Vazquez could not answer that question. Mr. Vazquez asked for assurance that the City was confident in CH2MHill to deliver what is asked for LNBR. Mr. Vazquez said that the City can work with them. The Committee reviewed the timeline: Contract amendment to CH2MHill in May. Finance and Citywide in July (budget) Bid opening in October (No commission meeting in November) Mr. Vazquez wanted to know what the appropriate time would be for CH2MHi!l to come to CIPOC to explain what has to be incorporated into the design to bring it up to standards that address F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\5-May\CIPOC March 11 Meeting Minutes.docx 150 CIPOC MEETING MINUTES, March 11, 2013 Page 5 ofB sea-level. Mr. Vazquez asked for discussions to take place first with CH2MHill and PWD, so that the project team can look at the roadway elevation and the need for drainage. Mr. Vazquez reiterated that he thinks the LNBR project is the opportunity to work in design to a higher standard with respect to sea-level rise. Mr. Kraai praised Mr. Gross and Mr. Vazquez for doing so. Mr. Vazquez offered to bring CH2MHill representatives and Public Works representatives to a future meeting to begin of this discussion. During the City Center discussion (Commission item below) Mr. Gross turned again to a question he had about the Lower North Bay Road project. He asked if an RPR was hired for LNBR. Staff responded that the RPR is Atkins. He was concerned that the City was paying Atkins for the services when the contractor was terminated. Staff stated that at this time, while the project is not active, Atkins is not being paid. The City is revisiting what services are needed for LNBR. The contract, which is now included with the Bayshore services, will be separated and reworked. c. South Beach Neighborhoods Status Report: Venetian Island Neighborhood Improvement Project 7:09p.m. Mattie Reyes, Senior Capital Projects Coordinator, said that the item for award of the Construction Contract is going to commission. *Please see the commission item below. Status Report: Palm & Hibiscus Island Neighborhood Improvements & Utilities Undergrounding 7:08p.m. Mattie Reyes, Senior Capital Projects Coordinator said that the City Attorney's Office is reviewing the contract for a progressive design build method of procurement and delivery. The construction costs are negotiated along the way under this delivery system. The City anticipates that the bid can be advertised in May. The contractor has to develop design and price it out first, before the construction can start. Status Report: South Pointe Phase Ill, IV & V Neighborhood Improvement Project 7:25 p.m. Carla Dixon, Capital Projects Coordinator, said that all the water main work from the original scope was complete; the added water main work is on schedule. Storm drainage work is complete. Testing continues, there are several places that required routine retesting, which has been scheduled. Landscaping and irrigation work and some additional above-ground work remain. The project is scheduled for completion this summer. 5. COMMISSION ITEMS: 6th and 53rd Street Restrooms Project 7:32 p.m. This item was voted on at the October 22, 2012 CIPOC meeting. Fernando Vazquez clarified that the Commission expressed concerns over cost per square foot. The Land Use Committee reviewed the item, although no formal recommendation came from that committee meeting. The revised memo presented to Commission breaks down the costs of building a standard facility. It includes the items necessary for a public bathroom facility in such close proximity to the ocean and compares that with the costs of buildings that have been built with the proposed specialty finishing. The breakdown also includes cost for demolition, side work, water, electrical services and other utilities, as well as landscaping and other components of the project. The memo also details suggestions for further cost reductions, which would required HPB approval and would have an effect in the future on maintenance costs. The document presented at the March 11 meeting demonstrates a change in the approach of how the item is presented to Commission. This document provides much greater detail. Fernando F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\5-May\CIPOC March 11 Meeting Minutes.docx 151 CIPOC MEETING MINUTES, March 11, 2013 Page 6 ofB Vazquez pointed out that the breakdown demonstrates that the cost per square foot is high because this project is for construction of small buildings with many specialty features. Saul Gross opined that he did not see anything in the suggestions for cost savings to be of any significant impact, adding that the suggestions would have a negative impact on the life-span and maintenance of the facility components. He stated that he saw no benefit to implementing any of the suggestions. (he added that the Commission would make the decision). He also pointed out that this project has been in the making for over two years and he felt it would be best to move forward. Saul Gross asked that the Committee renew their original recommendation to pass the resolution. Robert Rabinowitz said that after watching the Commission's reaction to this item, he wanted to recall his previous vote in favor of the item, and to abstain from voting this time, "pending investigation by ... whatever department is responsible for this." He said that the Committee's initial reaction to the cost per square foot was that it was too high. Saul Gross agreed and pointed out that Christina Cuervo also agrees. He said, though, that comparing the cost of the 6 and 53 Street restrooms to the others the City has built, proves that the cost is comparable. He noted that several bathrooms have already been built at similar cost. He also stated that Atkins has done cost analysis and found the building cost to be fair because the construction is of small buildings in difficult areas to build, with many components. Mr. Gross informed Mr. Rabinowitz that he can't withdraw his vote, but could vote against the item on this vote. Saul Gross again said that the bathroom projects are often scrutinized by Commission because of the cost per square foot, but that no one has been successful at demonstrating how to effectively bring the price down. Elizabeth Camargo asked if comparisons were made to recently built restrooms. Mr. Vazquez explained that the report presents those comparisons. Thais Vieira, Capital Projects Coordinator, explained that the operating experience with the previously-built restrooms led the City to look at some of the components that did were not performing well. Staff made recommendations for improved features for the new restrooms and future upgrades (i.e.: epoxy flooring instead of tile floors; vandal-resistant plastic product instead of stainless on exposed plumbing fixtures). Robert Rabinowitz said that because multiple facilities were being built, the cost (psf) should drop. But Thais pointed out that the buildings are in different locations (6 Street/ 53 Street) and there is no economy of scale. Brian Ehrlich said that the items recommended for cost savings don't seem like reasonable cuts given that they add to maintenance and replacement costs. Saul Gross wondered if rolling the pre-construction services into a D/B contract without biddmg for the contract was partly to blame for the cost. But, he added that he is comfortable with the number of sub contractor bids that were done as well as the process (over 90 firms bid). He also mentioned that the cost estimate analysis done by Atkins resulted in a slightly higher cost. Christina Cuervo mentioned that one other Miami Beach restroom is shown for comparison in the chart presented in the report, along with other comparable facilities. This was chosen because the cost was lowest. The other restrooms built by the City were more costly. Saul Gross offered F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\5-May\CIPOC March 11 Meeting Minutes.docx 152 CIPOC MEETING MINUTES, March 11,2013 Page 7 of8 that CIP bring all the prices from the other bathrooms to the Commission meeting to show the cost comparison. The last beachfront restroom was completed in 2009, when the market was low, and that restroom was more expensive per square foot than the current facilities, and more than the facility included in the report, which was built in 2006. The one built in 2009 was a smaller building. MOTION: Recommend to the Mayor and Commission to pass the resolution. MOVED: T. Trujillo 2"d: C. Jacobs PASSED: OPPOSED: R. Rabinowitz City Center Right-of-Way Neighborhood Improvement Project 6:55 p.m. The item is for extended RPR services with Chen Moore & Associates. The City is in litigation with the original contractor, who was terminated. The project timeline was extended to accommodate the new contractor, so the RPR services contract is also extended. Chen Moore & Associates is the Engineer of Record (EOR), Certified Engineering Inspector (CEI) and Resident Project Representative (RPR) for the City Center project. The contract extends their RPR services. Saul Gross asked Maria Hernandez if the City is satisfied with Chen's work. She answered in the affirmative. He pointed out that they also worked with the City on the Sunset I & II project and said positive things. Robert Rabinowitz asked for clarification about the number of hours scheduled in the contract amendment. This was clarified to his satisfaction. (Field services separated from engineering services). Mr. Vazquez said that if further explanation is necessary, CIP will clarify that. MOTION: Recommend to the Mayor and Commission to pass the resolution. MOVED: R. Rabinowitz 2"d: T. Trujillo PASSED: UNANIMOUS Central Bayshore and Lake Pancoast Right of Way Infrastructure Improvements 6:48 p.m. This item is for addition work requested by the residents and some additional drainage mitigation work identified by the City. Unit prices are fixed, and the contractor agreed to work with the unit prices from the original contract, with a few exceptions. There are almost $2 million in credits, which helped in the final net cost of the added scope. Saul Gross noted that the Finance and Citywide Projects Committee reviewed this and approved the work and funding. MOTION: MOVED: Recommend to the Mayor and Commission to pass the resolution. T. Trujillo 2"d: B. Ehrlich PASSED: UNANIMOUS Venetian Islands Right-of-Way Infrastructure Improvements 7:09 p.m. Mr. Gross asked how this contract differs from the last contract for the project that was rejected. Mattie Reyes, Senior Capital Projects Coordinator, replied that costs had gone up. Mr. Gross wanted to know if the price increased due to utility conflicts. Ms. Reyes replied that the EOR (Schwebke Shiskin) identified conflicts in Venetian based on items that came to light in the Sunset I & II project. F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\5-May\CIPOC March 11 Meeting Minutes.docx 153 CIPOC MEETING MINUTES, March 11, 2013 Page 8 of8 Mr. Vazquez pointed out that it was necessary to wait until the County was finished with the Causeway work before going in to construction on the neighborhood project. Christina Cuervo noted that the dewatering permits are included in the cost. The City is now discussing internally ( CIP and Public Works) the concept of not obligating the contractor to 100% dewatering in the interest of saving time, not necessarily money. Mr. Gross pointed out that Commission has to allocate additional dollars. This new contract is over $1 million higher. MOTION: Recommend to the Mayor and Commission to pass the resolution. MOVED: B. Ehrlich 2"d: T. Trujillo PASSED: UNANIMOUS Additional Discussion: 7:50 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. 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 will be included on the site. Staff is already working on these components. Meeting Adjourned: 7:51 p.m. Next CIPOC meeting is scheduled for Monday, April 15, 2013 at 5:30p.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. F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\5-May\CIPOC March 11 Meeting Minutes.docx 154 (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, ~miqflli.b§gclJ..~~ COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 SUBJECT: REPORT OF THE FINANCE A CITYWIDE PROJECTS COMMITTEE MEETING ON APRIL 25, 2013 The agenda is as follows: NEW BUSINESS 1. Discussion regarding a recommendation by the GLBT Committee to address the issue of benefits tax inequality for City Employees with registered domestic partners versus legally married spouses ACTION The Committee recommended refunding on a bi~weekly basis the difference in the plan cost, to the employees who have elected medical coverage for their registered domestic partner to be implemented with the fiscal year 2014 budget. Assistant Human Resource Director Carla Gomez presented this item. Assistant Human Resources Director Carla Gomez began by stating at the June 12, 2012 meeting the Miami Beach GLBT Business Enhancement Committee ("BEC") members held a discussion regarding the heavier tax burden for City of Miami Beach ("the City") employees with domestic partners who elect to receive family medical and dental coverage through the City over that of their married counterparts. Exclusions from taxable compensation for benefits provided by an employer are governed by the Internal Revenue Code. Human Resources Administrator Sue Radig explained these requirements provide that, to be excluded from paying said taxes on insurance benefits, the benefits have to be provided to an employee and dependents as defined by the Internal Revenue Service (IRS), which Include the employee's legal spouse or children. For federal tax purposes, domestic partners (same or opposite sex) are not included in the definition of a "spouse" and therefore tax benefits at the federal level do not exist for domestic partners Therefore (unless the domestic partner is the employee's dependent), the premium paid by an employer for health care benefits for an employee's domestic partner benefits is considered income and, therefore, must be included in the employee's taxable income. An employee who enrolls his or her domestic partner for health benefits has two (2) medical deductions, one for the employee's before-tax premium payment and Agenda Item C. ' C. 155 Date 5:" ~-/3 one for the domestic partner's after-tax premium payment, which is the difference between the employee only contribution and the contribution for family coverage. This after-tax premium payment for their domestic partner's health care coverage is in addition to the income tax paid on the value of the City's premium payment for the domestic partner's coverage. In Scenario One, payroll was run for the 19 registered domestic partners that are currently enrolled and changed it to appear as if they were married with the only change being their enrollment in medical and dental to show they had family coverage. In Scenario Two, the benefits and payroll report included the domestic partner being covered and it showed the income value of the domestic partner was an average of about $100-150 tax liability to the employee per payroll period. Scenario Three payroll report gave the average tax liability back to the employee which produced an average cost of about $20-30 for most employees. A gross up was then done to refund the employees these funds back. The City's total annual fiscal impact for refunding the employee's additional tax liability for domestic partner coverage is $53,850.36. Even if enrollment in domestic partner coverage increased by 40% as a result of the passage of this ordinance to create tax equality, the City's annual cost for the reimbursement would be less than $80,000, based on the current medical and dental premium cost. There are currently 68 registered employees as a having a domestic partner. Commissioner Michael Gongora gave credit for the hard work done on an issue that is a matter of equality. Mayor Matti Bower stated the 40% increase shows that there is a need out there to our employees and it's important to make this change. Human Resources Administrator Radig stated the recommendation from the committee was for this to be included in the 2013 budget. Equality Florida representative Stratton Pollitzer thanked the City for being progressive in their policies. Commissioner Gongora made a motion to recommend that the resulting gross-up in the three scenarios be refunded on a bi-weekly basis to employees who have elected medical coverage for their registered domestic partner to be implemented with the fiscal year 2014 budget. Commissioner Jorge Exposito second the motion. 2. Discussion on water conservation methods and implementation ACTION The Committee recommended COM Smith provide the study for Single Family homes with the current data and bring it back to the full Commission. City Engineer Richard Saltrick presented this item. City Engineer Richard Saltrick began by stating the Administration retained COM Smith (formerly known as Camp Dresser & McKee Inc) to conduct a Water and Wastewater rate structure review in July 2010. The purpose of the study was to explore rate structure options beyond the current rate structure that would address two (2) goals: enhance water conservation and assess the appropriateness of restructuring. Conservation water rates are an increasingly popular tool to influence water consumption behavior. The benefits of implementing conservation water rates include reducing water demand, saving capital infrastructure costs, and reducing energy costs and environmental impacts. The City was also being proactive as it was anticipating that an inclining 156 block rate was going to be required by the Consumptive Use Permit issued to WASD by the South Florida Water Management District. However, the City is not required to adopt a conservation rate structure to be in compliance with the permit and it is not expected to be a requirement pending. Based on the existing customer base and growth projections furnished by the City, the consultant projected customer growth by meter size (the existing customer billing classification), and number of dwelling units which may be the recommended customer billing classification. Because revenues are affected when usage decreases, a utility must analyze its consumption patterns very closely to ensure that revenues will continue to be sufficient to cover expenses. Annual revenue requirements were projected separately for the water system and the wastewater system, and on a combined basis. COM Smith representative Daniel Anderson began his presentation by stating the single most important point is that it still makes sense to have water conservation even though it's no longer required in order to keep the transfer of payments to Miami Dade County down. The purpose and scope of the rate study is customer charges, capacity cost and commodity cost. Assistant City Manager Kathie Brooks explained that what the goal is to structure the rates so that those individuals using more water pay more for the water. Mr. Anderson continued that there currently isn't any incentive to save on water usage having a minimum charge on all accounts. By eliminating the minimum allowance, there will be a revenue short fall that will have to be made up on the other volume customers. Mayor Matti Bower stated if this method of payment is installed, those individuals using more water will have to pay more to make up the money for those individuals that use less than the minimum amount of water. Mr. Anderson stated the projections have been more favorable financially from a revenue standpoint over the last three years. We recommend updating the study now that there is more data to work from projecting into the future to 2015. The summary of alternatives is to show how much the rates need to be to cover the cost and generate revenue with a uniform rate across the City. Mayor Bower stated the study would have been better suited to be done by usage of each individual. Mr. Anderson's strong recommendation is to update the analysis, and analyze rate impacts to the City Budget. Assistant City Manager Brooks stated there should be further discussion to see if this is still wants to be considered moving forward. Mayor Bower suggested changing the study to Single Family Residents that might show a savings. Commissioner Jorge Exposito asked for clarification on why City of Miami Beach residents pay so much more in water rates. Mr. Anderson replied that the different utility systems have different maturities, older pipes which might require more service and the shares that have to be paid based on the size of the pipes that are throughout the City can cost more money to the City, but it will sustain the infrastructure to the City. The Committee recommended CDM Smith provide the study for Single Family homes with the current data and bring it back to the full Commission. 3. Discussion regarding Budget Advisory Committee recommended Pension Reform policies and guidelines ACTION Item Deferred. 4. Discussion regarding the issue of encouraging businesses to support the effort of implementing more homeless meters 157 ACTION The Committee deferred the item to the next meeting. Real Estate, Housing & Community Development Director Anna Parekh presented this item. Real Estate, Housing & Community Development Director Anna Parekh briefly stated the City of Miami Beach participates in the Miami-Dade County Homeless Trust which administers proceeds of the one-percent food and beverage tax on issues involving homelessness. The City has been participating in a fundraising campaign referred to as the "Homeless Meters" in an effort to continue to promote awareness of homeless issues throughout the community. The Homeless Meters are surplus parking meters graphically enhanced by a local artist and placed were panhandling most frequently occurs. There are 11 Homeless Meters that have been placed throughout the City of which one is missing, so 10 remain. A private donor sponsored 11 additional meters that Joe's Stone Crab allowed to be placed in their parking lot. Sponsors provide a tax deductible contribution of $1,000.00 per donation meter sponsorship. Currently, the money deposited into Homeless Meters is collected and maintained by the Miami Parking Authority free of charge to the Homeless Trust. The Homeless Trust is requesting the City of Miami Beach Parking Department take over collection and maintenance of the Homeless Meters. In return, the Homeless Trust would place a meter and a large collection device at City Hall at no cost and pay for the processing fees of the collections and annual audit costs per year. Regulatory review may be required for the large collection device depending on its size, design and location. Commissioner Exposito deferred this item to the next meeting to allow Chairperson Deede Weithorn to give her thoughts since she was unable to attend the meeting. 5. Discussion regarding fine schedules and enforcement of the City of Miami Beach Code provisions for Police and Fire false alarms, implementing additional fines for false alarms, and contracting with an outside entity for billing and collection services for false alarm fees ACTION The Committee recommended that the false alarm fee for police be amended to mirror that of the Miami·Dade County false alarm provisions, as well as contract an outside agency for the purposes of collection. With the exception of keeping the $10 dollar per year registration permit fee the same. Also recommending fines and appeals for the false alarm section of the City Code be included in Chapter 30 of the City Code to provide jurisdiction to the Special Master. The Committee also recommended that false alarms for the fire fee be $250.00 after the 3rd.5th false alarms, the 6th_ 11 1h false alarms will be $500.00 and after 12 fal~e alarms, the fee goes will be $1,000.00. Police Chief Raymond Martinez and Fire Chief Javier Otero presented this item. Assistant City manager Kathie Brooks began the discussion by stating this item 158 was referred due to the need for discussion and policy direction with regards to false alarm fees and their collection. Police Chief Raymond Martinez stated Miami Beach Police Department (MBPD) Command Staff has recommended amending the fee schedule and enforcement provisions to mirror the Miami-Dade County false alarm provisions, as well as contract an outside agency for the purposes of collection. As it stands today, an alarm user is fined $50.00 upon the 4th false alarm. Every alarm thereafter is an additional $100.00 fine. Further, the code sets a $10 per year registration permit. This fee is waived for alarm users who have not had any false alarms in the prior 12 month period. Currently, fines and appeals for the false alarm section of the City Code are under the purview of the MBPD Chief. It is further recommended that these provisions be included in Chapter 30 of the City Code to provide jurisdiction to the Special Master. Fire Chief Javier Otero stated that similar to Police, A false fire alarm is defined as a signal from a fire alarm system that elicits a response by the Fire Department when no actual or threatened fire-related emergency exists. Currently, the City of Miami Beach Code does not include provisions for enforcing false fire alarms or an accompanying fine schedule. In order to promote compliance and improve overall safety, the MBFD Staff is recommending establishing a fee schedule for fire false alarms, as is in place in Miami-Dade County and neighboring cities. False fire alarms are predominantly generated by multi-family residential buildings. An analysis of false fire alarms in Fiscal Year 2011/2012 indicates a significant number of buildings citywide had 10 to 108 false fire alarms. There are numerous buildings that have more than 25 false alarms per year. Commissioner Jorge Exposito stated that the City of Miami Beach currently charges nothing for false fire alarms and he is concerned making such a drastic change. Mayor Matti Bower suggested that the false alarms start at $250.00 and that the resident is educated on the fees that will kick in if other false alarms continue to exist. Assistant City Manager Brooks added the second recommendation is to outsource the billing and collection function for false alarm fees that can be bidded out. Mayor Bower recommended that the fee be $250.00 after the 3rd_5th false alarms, the 61h-11th false alarms will be $500.00 and after 12 false alarms, the fee goes up to $1 ,000.00. Commissioner Michael Gongora second the motion. 6. Discussion regarding the Florida's Safe Routes to School Program (FLSRTS) ACTION The Committee recommended moving forward with the application for Feinberg-Fisher and Nautilus Middle School Projects under the FLSRTS program. Transportation Manager Jose Gonzalez presented the item and began by stating The Safe Routes to School (SRTS) Program is a federally funded discretionary grant program intended to help communities address their school transportation needs and encourage more students to walk or cycle to school. In 2011, the City applied for FLSRTS Program funding for various infrastructure improvements to improve the safety of students walking and bicycling to Biscayne Point Elementary. The scope of the grant application included design and construction of new sidewalks, crosswalks, and bicycle lanes to improve the safety of children walking and bicycling to school. The total cost of the infrastructure improvements identified was estimated at $379,075.37. As a result of the City's grant 159 application, the City was awarded $150,000 under the FLSRTS Program for Fiscal Year 2014/15 on a reimbursement basis. The application process is open through June 14, 2013. Three candidate FLSRTS projects were identified by City Staff for consideration in which Feinberg-Fisher Elementary and Nautilus Middle School were chosen as priority projects. The City conducted a series of inspections of the current infrastructure, including sidewalk condition, crosswalks, signalization, signage, pavement striping, traffic calming, lighting, and drainage in making this decision. If the application is successful, the funds would become available next fiscal year 2013/2014. FOOT District Six is currently soliciting applications for funding under the FLSRTS Program for infrastructure and non- infrastructure projects for Fiscal Years 2013/14, 2014/15, 2015/16, 2016/17, and 2017/18. There is no guarantee the funding will be there next year. The reason Miami Beach Senior project was placed on hold was due to the detailed analysis required for the bicycle boulevard, but an attempt will be made next fiscal year for this project. The upcoming traffic safety study for Miami Beach High School will identify any additional safety enhancements that can be included in the City's SRTS grant application. Commissioner Michael Gongora made a motion to move forward with the application for Feinberg-Fisher and Nautilus Middle School Projects under the FLSRTS program. Mayor Matti Bower seconded the motion. 7. Discussion regarding FCWPC Travel Channel's Proposal to film a documentary with Miami Beach ACTION The Committee recommended to move the item to the full Commission and allow a non-binding casting of City employees in writing that clearly states we are not committing to do the show, but allowing for City employees to be cast. Cultural Arts & Tourism Development Director Max Sklar presented this item. Max Skalr began the discussion by stating that 2C Media approached the City with a concept of South Beach 24/7 where they would follow key individuals in the City. They are interested in casting City employees be it a life guard, police officer, etc. A number of years ago, there was a similar type agreement with Evolutions to do a similar concept. The City was allowed to review all episodes for factual accuracy, but it was not a great experience because the City was unable to deter anything that portrayed the City negatively from airing. The potential of being portrayed poorly is the main concern if we decide to move forward with this deal. In the past, the City has negotiated with TRU television on a $12,000 per episode contract to highlight the life guards only on Miami Beach back in 2008. Commissioner Jorge Exposito stated his concern is to portray the City of Miami Beach in a proper light which he expressed when meeting with 2C Media. The other concern was the legality if an issue occurred while filming. Chief Deputy City Attorney Raul Aguila added that they would definitely negotiate final cut approval of all episodes as per previous experiences. Commissioner Michael Gongora requested to see what language is in Miami Dade County's contract so that there's an idea as to how this can be negotiated. 2C Media representative Carla Kauffman Sloan discussed a few shows they have produced in Miami. Mrs. Kauffman also added they work closely with the Film Commission in which they showed a video they produced of all their Miami film cuts to promote 160 production in Miami. 2C Media representative lgal Shet added they have already began discussions with some of the noted influential private business owners on the beach for casting. Commissioner Jorge Exposito stated they currently have a framework and it is important to have legal involved. Mrs. Kaufman stated the casting would need to be done immediately and then the Travel Channel would decide if they want to move forward with the show. Mr. Shet stated the missing link is a life guard or cop or some sort of City worker. Mayor Matti Bower asked if they currently only have City workers in which Mr. Shet stated they currently only have private business owners that are doing great things within the City. Commissioner Gongora stated if they allow 2C Media to cast, is there any commitment in which the response was no from Mr. Shet. City Attorney Aguila stated from a legal standpoint, it appears nothing is currently binding under the City. There can be a release drawn up for the casting of any City employees that would be referred to the Commission for any approval. Mayor Matti Bower stated she's leery due to previous experiences with South Beach Tow and the context in which businesses are chosen. Initially, it was understood that it would only be City employees and not private business owners. Mrs. Sloan stated they have met with the Travel Channel and they feel if the City is not involved, the show cannot succeed. Mr. Shet stated the Travel Channel doesn't feel the entire picture of a community would not be portrayed without the City's involvement. Commissioner Exposito stated that a lot of clarity would need to be brought to the Commission from legal on this item before an informed decision can be made. Commissioner Gongora made a motion to move the item to Commission to allow a non binding casting of City employees in writing that clearly states we are not committing to do the show, but it's okay for the employees to cast if they want to be a part of it. Mayor Matti Bower seconded the motion. 8. Discussion regarding Bayfront to Miami Ferry and a proposal to rent the Old Pilot House south of Miami Beach Marina ACTION The Committee recommended closing out the item. Real Estate, Housing & Community Development Director Anna Parekh presented this item. The Committee recommended closing out the item. PDW/JLM T:\AGENDA\2013\May 8\04 25 13 FWCP Minutes docx 161 THIS PAGE INTENTIONALLY LEFT BLANK 162 C7 RESOLUTIONS COMMISSION ITEM SUMMARY Condensed Title: I A Resolution authorizing the City Manager to apply for and accept awards for four (4) applications. Key Intended Outcomes Supported: 1 ), 2) and 3) Enhance learning opportunities for youth; 4) Expand e-government. Supporting Data: Other Data: 1) 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); Community Satisfaction Survey 2012: 2) Safety in Miami Beach appeared as one of the most important areas affecting resident's quality of life, The Children's Trust grant provides funding for at-risk youth; and, Other Data: Students who regularly attended high-quality after (before) school programs over two years demonstrated gains in standardized test scores compared to their peers (Policy Studies Associates, Inc., 2007) (Afterschool Alliance); the All Stars program has a cost-benefit ratio of 34:1, it returns $34 in savings for every dollar invested, yielding net benefits of $4,670 per pupil in social cost savings (US Department of Health and Human Services); substance abuse has a negative effect on learning. 3) Education Compact signed in 2008 includes the outcome to enhance the health and well-being of children in Miami Beach, with the specific initiative to increase visits by the UM Mobile Clinic or similar for ease of access to 'free' health care, 88% of resident households rate City of Miami Beach as a place to live as excellent or good, 69% of resident households rate Miami Beach city government as good or excellent in supporting meeting their expectations. Approximately 20,557 youth participated in various City programs in 2012 and 68% of children had measurable improvement in reading/math in public schools in 2012; Community Satisfaction Survey 2012: 4) When asked "Where do you go most often to get your information about the City?" 44% of respondents used the web (23% Miami Beach Website; 18% internet news sources and % social media). Item Summary/Recommendation: 1 Approval to authorize the City Manager or his designee to take the following actions: 1) Submit a grant application to the Nora Roberts Foundation for funding, in the approximate amount of $40,000, for books and electronic readers (e-readers) for the City's Parent-Child Home Program; 2) Negotiate and execute a contract renewal with The Children's Trust for the Youth Development Program for funding, in the approximate amount of $100,000, for the City's Morning All Stars Program; 3) Submit an application to the Robert Wood Johnson Foundation annual RWJF Roadmaps to Health Prize to provide medical attention to the underserved and uninsured children of our communities; and further, retroactively approving the following: 4) I Submittal of an application to the Code for America Program for a web development team to evaluate and 1 implement web and mobile applications; appropriating the above grants, matching funds and City expenses, 1 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 desi nee to take all necessar actions related to these grants. Financial Information· Source # Grant Name/Project Approx funds GrantAmt. 1 Nora Roberts Foundation/ Books for Parent-1 $40,000 Child Home Program I 2 The Children's Trust Youth $100,000 I II Development/Morning All Stars I 3 Robert Wood Foundation/Medical Attention for 1 $25,ooo Children : 4 Code for America/Web Development Team N/A - Financial Impact Summary: N/A 1 c ty Clerk's Off1ce Legislative Tracking: y Hoanshelt, Grants Manager, Office of Budget and Performance Improvement i L_____,_:-::::----- Si n-Offs: Department Director MlAMIBEACH 164 Approximate Match Amount/ Source N/A N/A I I I N/A N/A DATE $""-cg ... £3 C9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me bers of th FROM: Jimmy L. Morales, City Manager DATE: May8, 2013 SUBJECT: A RESOLUTION APPROVING AN AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1) SUBMIT A GRANT APPLICATION TO THE NORA ROBERTS FOUNDATION FOR FUNDING, IN THE APPROXIMATE AMOUNT OF $40,000, FOR BOOKS AND ELECTRONIC READERS (E-READERS) FOR THE CITY'S PARENT·CHILD HOME PROGRAM; 2) NEGOTIATE AND EXECUTE A CONTRACT RENEWAL WITH THE CHILDREN'S TRUST FOR THE YOUTH DEVELOPMENT PROGRAM FOR FUNDING, IN THE APPROXIMATE AMOUNT OF $100,000, FOR THE CITY'S MORNING ALL STARS PROGRAM; 3) SUBMIT AN APPLICATION TO THE ROBERT WOOD JOHNSON FOUNDATION ANNUAL RWJF ROADMAPS TO HEALTH PRIZE TO PROVIDE MEDICAL ATTENTION TO THE UNDERSERVED AND UNINSURED CHILDREN OF OUR COMMUNITIES, AND FURTHER, RETROACTIVELY APPROVING THE FOLLOWING: 4) SUBMITTAL OF AN APPLICATION TO THE CODE FOR AMERICA PROGRAM FOR A WEB DEVELOPMENT TEAM TO EVALUATE AND IMPLEMENT WEB AND MOBILE APPLICATIONS; 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 THE AFORESTATED 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. ANALYSIS 1. Approval to submit a grant application to the Nora Roberts Foundation for funding, in the approximate amount of $40,000, for books and electronic readers (e- readers) for the City's Parent-Child Home Program The primary focus of the Nora Roberts Foundation is to support literacy. Additional areas of focus are: children's programs, arts organizations, and humanitarian efforts. The Administration intends to apply to the Nora Roberts Foundation for funding to purchase books and e-readers for the Parent-Child Home Program, which is funded through the Children's Trust. Through the Parent-Child Home program, the City nurtures 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. 165 Commission Memorandum Page 2 This project supports the key intended outcome: enhance learning opportunities for youth and the grant does not require matching funds. 2. Approval to negotiate and execute a contract renewal with The Children's Trust for the Youth Development Program for funding, in the approximate amount of $100,000, for the City's Morning All Stars Program The City's Morning All Stars Program is funded through the Children's Trust Youth Development Program. Morning All Stars is a best practice program that empowers 180 sixth and seventh graders in the City of Miami Beach to prevent substance abuse, premature sexual activity, fighting, bullying, and delinquency through group activities, discussions, and take home projects. All Stars promotes idealism, normative beliefs, positive lifestyles, wholesome standards, resiliency, a sense of belonging and a positive relationship with parents and other adults. The program utilizes research-proven strategies using the All Stars curriculum delivered in 13 sessions that honor the values, experiences and uniqueness of targeted youth to ensure the strengthening of protective values that will keep them safe. Sixteen cohorts will be offered year round to include the school year and summer. At-risk youth are identified through the school administration and/or by parents/guardians and are referred to the Morning All Stars Program. Through this program, the City increases youth resilience and coping skills and reduces drug use and violence among students by providing before-school sessions of the All Star Program. Last year, the City was awarded funding in the amount of $124,061. This year, it is anticipated that The Children's Trust will negotiate a contract in the approximate amount of $100,000. 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. 3. Approval to submit an application to the Robert Wood Johnson Foundation annual RW JF Roadmaps to Health Prize to provide medical attention to the underseNed and uninsured children of our communities The Administration intends to apply for The Robert Wood Johnson Foundation annual RWJF Roadmaps to Health Prize, which recognizes outstanding community efforts and partnerships that help people live healthier lives. With the goal of raising awareness and inspiring locally driven change across the country, up to six communities will receive a $25,000 cash prize and have their success stories shared broadly. Communities will be judged on their accomplishments as well as their capacity for and dedication to creating lasting change by harnessing the collective power of leaders, partners, and community members and for implementing a strategic approach that focuses on the factors that influence health, including health behaviors, clinical care, social and economic factors, and the physical environment. For the purposes of the competition, "a community" is defined as a town, city, county, tribe or tribal community, or region. If successful, the City of Miami Beach community must designate a local governmental or tax-exempt public charity to accept the $25,000 f .. HiLe on ils behalf. Through the Committee for Quality Education the City of Miami Beach has established a partnership and collaboration with the Pediatric Mobile Clinic University of Miami Miller School of Medicine Mailman Center for Child Development to provide much needed medical seNices to the underseNed children of our community at our recreational facilities. The partnership allows the City to address problems that disproportionately affect vulnerable populations such as ethnic minorities and those with limited English skills, incomes, and/or education. 166 Commission Memorandum Page 3 This past year, the primary funder of the UM Mobile Pediatric Clinic, the Children's Health Fund, has cut funding by 40%. The opportunity to apply for the Robert Wood Johnson Foundation will allow the City to showcase our unique collaboration of a municipality working together with a non-profit health care organization to provide much needed medical attention to the underserved and uninsured children of our communities. Additionally, if this funding is secured, the UM Mobile Clinic will guarantee that their services will continue uninterrupted to the residents of Miami Beach, which can continue twice monthly throughout the upcoming year. This grant does not require matching funds and the project supports the key intended outcomes: enhance learning opportunities for youth. 4. Retroactive approval for the submittal of an application to the Code for America program for a web development team to evaluate and implement web and mobile application solutions Code for America is a new non-profit, with support from Google, the Knight Foundation and other organizations, which aims to import the efficiency of the Web into government infrastructures. Code for America helps governments become more connected, lean, and participatory through new opportunities for public service. Through the Fellowship Program, cities selected to participate will be provided open source Web programmers for one year to engage the use of their talents and serve their communities. The City benefits from this program by the creation of web applications. For example, previous applications that were created from the 2011 partnerships range from a platform for community engagement in Philadelphia, transportation apps to track real-time subway and bus arrivals, a school selection tool for parents in Boston, and an open suite of municipal icons for everyone. The Code for America program enables cities to connect with their constituents in ways that reduce administrative costs and engage citizens more effectively. The program will require the attention and support of a number of different city staff in a variety of positions throughout the year. Although the program does not provide funding, there is a request that cities contribute $180,000 in matching funds. The City engaged in discussions with staff at Code for America regarding the program and specifically advised that matching funds were not available for this program. Leadership at Code for America reached out to the City just prior to the deadline to encourage the Administration to submit an application, even though matching funds were not available, in order to keep the City's options open for future discussions. As such, the Administration has submitted an application to Code for America and indicated that although there is interest in the program, no matching funds are available, and Code for America has advised that they will consider developing a funding plan, if the City is selected. This program supports the key intended outcome: expand e-government. CONCLUSION The Administration requests approval to authorize the City Manager or his designee to take the following actions: 1) Submit a grant application to the Nora Roberts Foundation for funding, in the approximate amount of $40,000, for books and electronic readers (e-readers) for the City's Parent-Child Home Program; 2) Negotiate and execute a contract renewal with The Children's Trust for the Youth Development Program for funding, in the approximate amount of $100,000, for the City's Morning All Stars Program; 3) Submit an application to the Robert Wood Johnson Foundation annual RWJF Roadmaps to Health Prize to provide medical attention to the underserved and uninsured children of our communities; further, retroactively approve the following: 167 Commission Memorandum Page4 4) Submittal of an application to Code for America for a web development team to evaluate and implement web and mobile applications; 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\May 8\Grants Memo.doc 168 RESOLUTION NO. ___ _ A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1) SUBMIT A GRANT APPLICATION TO THE NORA ROBERTS FOUNDATION FOR FUNDING, IN THE APPROXIMATE AMOUNT OF $40,000, FOR BOOKS AND ELECTRONIC READERS (E-READERS) FOR THE CITY'S PARENT-CHILD HOME PROGRAM; 2) NEGOTIATE AND EXECUTE A CONTRACT RENEWAL WITH THE CHILDREN'S TRUST FOR THE YOUTH DEVELOPMENT PROGRAM FOR FUNDING, IN THE APPROXIMATE AMOUNT OF $100,000, FOR THE CITY'S MORNING ALL STARS PROGRAM; 3) SUBMIT AN APPLICATION TO THE ROBERT WOOD JOHNSON FOUNDATION ANNUAL RWJF ROADMAPS TO HEALTH PRIZE, TO PROVIDE MEDICAL ATTENTION TO THE UNDERSERVED AND UNINSURED CHILDREN OF OUR COMMUNITIES, AND FURTHER, RETROACTIVELY APPROVING THE FOLLOWING: 4) SUBMITTAL OF AN APPLICATION TO THE CODE FOR AMERICA PROGRAM FOR A WEB DEVELOPMENT TEAM TO EVALUATE AND IMPLEMENT WEB AND MOBILE APPLICATIONS; 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 THE AFORESTATED 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, the primary focus of the Nora Roberts Foundation is to support literacy; and WHEREAS, the Administration intends to apply to the Nora Roberts Foundation for funding to purchase books and e-readers for the Parent-Child Home Program, which is funded through the Children's Trust; WHEREAS, one of the goals of the Parent-Child Home Program is to nurture greater resiliency and academic success for parents and children aged 16 months to 4 years through home-based services that promote early literacy; and WHEREAS, this project supports the key intended outcome: enhance learning opportunities for youth and the grant does not require matching funds; and WHEREAS, approval is therefore requested to submit a grant application to the Nora Roberts Foundation for funding, in the approximate amount of $40,000, for books and electronic readers (e-readers) for the City's Parent-Child Home Program; and WHEREAS, the City's Morning All Stars Program is funded through the Children's Trust Youth Development Program; and 169 WHEREAS, Morning All Stars is a best practice program that empowers 180 sixth and seventh graders in the City of Miami Beach to prevent substance abuse, premature sexual activity, fighting, bullying, and delinquency through group activities, discussions, and take home projects; and WHEREAS, the program utilizes research-proven strategies using the All Stars curriculum delivered in 13 sessions that honor the values, experiences and uniqueness of targeted youth to ensure the strengthening of protective values that will keep them safe; and WHEREAS, at-risk youth are identified through the school administration and/or by parents/guardians and are referred to the Morning All Stars Program; and WHEREAS, through the Morning All Stars Program, the City increases youth resilience and coping skills and reduces drug use and violence among students by providing before-school sessions of the All Star Program; and WHEREAS, last year, the City was awarded funding in the amount of $124,061 and this year, it is anticipated that The Children's Trust will negotiate a contract in the approximate amount of $100,000 for the grant renewal of August 1, 2013 through July 31, 2014;and WHEREAS, this project supports the key intended outcome: enhance learning opportunities for youth. WHEREAS, approval is therefore requested to negotiate and execute a contract renewal with The Children's Trust for the Youth Development Program for funding, in the approximate amount of $100,000, for the City's Morning All Stars Program; and WHEREAS, the Administration intends to apply for The Robert Wood Johnson Foundation annual RWJF Roadmaps to Health Prize, which recognizes outstanding community efforts and partnerships that help people live healthier lives; and WHEREAS, communities will be judged on their accomplishments as well as their capacity for and dedication to creating lasting change by harnessing the collective power of leaders, partners, and community members and for implementing a strategic approach that focuses on the factors that influence health, including health behaviors, clinical care, social and economic factors, and the physical environment; and WHEREAS, for the purposes of the competition, "a community" is defined as a town, city, county, tribe or tribal community, or region; and WHEREAS, if successful, the City of Miami Beach community must designate a local governmental or tax-exempt public charity to accept the $25,000 prize on its behalf, should it win; and WHEREAS, through the Committee for Quality Education the City of Miami Beach has established a partnership and collaboration with the Pediatric Mobile Clinic University of Miami Miller School of Medicine Mailman Center for Child Development to provide much needed medical services to the underserved children of our community at our recreational facilities; and 170 WHEREAS, the partnership allows the City to address problems that disproportionately affect vulnerable populations such as ethnic minorities and those with limited English skills, incomes, and/or education; and WHEREAS, this past year, the primary funder of the UM Mobile Pediatric Clinic, the Children's Health Fund, has cut funding by 40% and the opportunity to apply for the Robert Wood Johnson Foundation will allow the City to showcase our unique collaboration of a municipality working together with a non-profit health care organization to provide much needed medical attention to the underserved and uninsured children of our communities; and WHEREAS, if this funding is secured, the UM Mobile Clinic will guarantee that their services will continue uninterrupted to the residents of Miami Beach; and WHEREAS, this grant does not require matching funds and the project supports the key intended outcomes: enhance learning opportunities for youth and increase community satisfaction with city government; and WHEREAS, Code for America is a new non-profit, with support from Google, the Knight Foundation and other organizations, which aims to import the efficiency of the Web into government infrastructures; and WHEREAS, Code for America helps governments become more connected, lean, and participatory through new opportunities for public service and through the Fellowship Program, cities selected to participate will be provided open source Web programmers for one year to engage the use of their talents and serve their communities and the City benefits from the creation of web applications; and WHEREAS, the Code for America Program enables cities to connect with their constituents in ways that reduce administrative costs and engage citizens more effectively; and WHEREAS, Code for America will require the attention and support of a number of different city staff in a variety of positions throughout the year; and WHEREAS, although the program does not provide funding, there is a request that cities contribute $180,000 in matching funds, as such, the City Administration engaged in discussions with staff at Code for America regarding the program and specifically advised that matching funds were not available for this program, as a result. leadership at Code for America reached out to the City just prior to the deadline to encourage the Administration to submit an application, even though matching funds were not available, in order to keep the City's options open for future discussions; and WHEREAS, accordingly, the Administration has submitted an application to Code for America and indicated that although there is interest in the program, no matching funds are available and Code for America has indicated that they will consider developing a funding plan if the City is selected; and WHEREAS, this program supports the key intended outcome: expand e- government; and 171 WHEREAS, retroactive approval is requested for the submittal of an application to the Code for America program for a web development team to evaluate and implement web and mobile applications. 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 take the following actions: 1) Submit a grant application to the Nora Roberts Foundation for funding, in the approximate amount of $40,000, for books and electronic readers (e-readers) for the City's Parent-Child Home Program; 2) Negotiate and execute a contract renewal with The Children's Trust for the Youth Development Program for funding, in the approximate amount of $100,000, for the City's Morning All Stars Program; 3) Submit an application to the Robert Wood Johnson Foundation annual RWJF Roadmaps to Health Prize to provide medical attention to the underseNed and uninsured children of our communities; and further, retroactively approve the following: 4) Submittal of an application to the Code for America Program for a web development team to evaluate and implement web and mobile applications; 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 PASSED and ADOPTED this ___ day of ___ , 2013. ATTEST: CITY CLERK JLM/KGB/JMH T:\AGENDA\2013\May 8\Grants Memo.doc 172 MAYOR THIS PAGE INTENTIONALLY LEFT BLANK 173 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Accepting the Recommendation of the City Manager, Pursuant to Request for Qualifications (RFQ) No. 022-2013TC, for a Construction Manager at Risk Firm to Provide Pre-Construction Services and Construction Phase Services via a Guaranteed Maximum Price (GMP) Amendment for the Scott Rakow Youth Center Ice Skating Rink, Mechanical Repairs, and Building Renovations; and Authorizing the Administration to enter into negotiations with the Top- Ranked Firm, Thornton Construction Company, Inc.; and Should the Administration not be Able to Successfully Negotiate an Agreement with the Top-Ranked Firm, Authorizing the Administration to Negotiate with the Second- Ranked Firm, Lynx Construction Management, LLC; and Further Authorizing the Mayor and City Clerk to Execute an Aqreement for Pre-Construction Services. Key Intended Outcome Supported: Ensure well-maintained_facilities _ . -~ Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 79% of businesses rated recently completed capital improvement projects as "excellent" or "good." Issue: I Shall the City Commission approve the resolution? Item Summary/Recommendation: The Scott Rakow Youth Center Ice Skating Rink was completed in January 2004. Since then, the facility has experienced problems with its mechanical cooling system. The existing design has always presented challenges in maintaining an adequate balance of ambient temperature within the interior space of the skating rink. In recent years, the existing mechanical units have been deteriorating and repair services have become a recurrent problem. In the meantime, the Public Works Department (PWD) and PM continue to maintain the operation of the current mechanical system until such time that a new system are installed and placed in operation. The construction manager at risk (CMR) scope of services shall include, but not be limited to, all of the preconstruction services set forth below and, upon approval by the City of the guaranteed maximum price (GMP), and as contemplated in any GMP amendment(s) as necessary to fix and describe the parties' respective rights and responsibilities with respect to the work and the project, all of the construction services required to complete the work in strict accordance with the contract documents, and to deliver the project to the City at or below the GMP, when established, and within the contract time. Request for Qualifications (RFQ) No. 022-2013TC was issued on December 14, 2012, with an opening date of January 16, 2013. The pre-bid conference was held on December 20, 2012. 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 27 prospective bidders of which 10 accessed the advertised solicitation. In addition, 46 vendors were notified via email, which resulted in the receipt of three (3) proposals. Through the Procurement Division's review of each bid for responsiveness, KVC Constructors, Inc. was deemed nonresponsive for failing to meet the mandatory requirement of proposing a project manager with a minimum of ten (10) years experience in construction management. On February 12, 2013, the Interim City Manager via Letter to Commission (LTC) No. 047-2013, appointed an Evaluation Committee (the "Committee"). On February 26, 2013, the Committee convened to review and discuss each responsive proposal. Upon completion of the interviews, the Committee discussed each prospective bidder's qualifications, experience, and competence to score and rank the firms accordingly pursuant to the evaluation criteria noted in the RFQ. Thornton Construction Company, Inc. received all five first-place votes. After considering the review and recommendation of the Committee, the City Manager exercised his due diligence and carefully considered the specifics of this RFO process. As a result, the City Manager recommends that the Mayor and City Commission adopt a resolution to enter into negotiations with the top-ranked firm, Thornton Construction Management, LLC; and should the Administration not be able to successfully negotiate an agreement with the top-ranked firm, authorize the Administration to negotiate with the second-rank.ed firm, Lynx Construction Management, LLC; and further authorize the Mayor and City Clerk to execute and agreement for pre-construction services. Advisory Board Recommendation: L@L __ , =::==] Financial Information· Source of Funds: 1 ·--OBPI Total Financial Impact Summary: N/A ~ Amount· N/A MIAMI BEACH 174 -----·-~~-A--c~c-_o_t_•_n~t~·~·-=--~-----·--_~-=_ .doc AGENDA ITEM ____s;._ /3 DATE. )-'if,. I 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 M FROM: Jimmy L. Morales, City Manage DATE: May 8, 2013 SUBJECT: A RESOLUTION OF THE MA R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 022· 2013TC, FOR A CONSTRUCTION MANAGER AT RISK FIRM TO PROVIDE PRE· CONSTRUCTION SERVICES AND CONSTRUCTION PHASE SERVICES VIA A GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT FOR THE SCOTT RAKOW YOUTH CENTER ICE SKATING RINK, MECHANICAL REPAIRS, AND BUILDING RENOVATIONS; AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED FIRM, THORNTON CONSTRUCTION COMPANY, INC.; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO SUCCESSFULLY NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND- RANKED FIRM, LYNX CONSTRUCTION MANAGEMENT, LLC; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR PRE-CONSTRUCTION SERVICES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure well-maintained facilities. BACKGROUND The mechanical cooling system for the Scott Rakow Youth Center Ice Skating Rink has been experiencing problems as identified by the facility operator. The Office of Capital Improvement Projects (CIP) hired Bermello Ajamil & Partners, Inc. (BA & Partners) to provide the necessary design documents to address the mechanical system, new low-E ceiling system and renovation of south wall to include an insulated panel system and other associated improvements for the ice rink space and other components or requirements as identified per the project documents. The ice skating rink was constructed in January 2004. According to Property Management (PM), the existing design has always presented challenges in maintaining an adequate balance of ambient temperature within the interior space of the skating rink. In recent years, the existing mechanical units have been deteriorating and repair services have become a recurrent problem. In the meantime, the Public Works Department (PWD) and PM continue to maintain the operation of the current mechanical system until such time that a new system is 175 Commission Memorandum-RFQ 022-2013TC-Construction Manager at Risk Services for the Scott Rakow Youth Center Ice Rink and Mechanical Repairs May 8, 2013 Page 2 installed and placed in operation. The architectural/engineering services include the following scope components: • Architectural design, documentation, and construction administration • Mechanical, electrical, plumbing, fire protection, and fire alarm engineering design, and documentation • Structural engineering evaluation of existing roof framing conditions to be impacted by proposed mechanical equipment design to the designated existing roof area • Independent construction cost estimate at the 50% and at the 90% completion stage milestone of design and documentation stage The project design is currently at 80% design completion. This phase allows for the delivery of a quality product that a CMR process that responds to the needs of the City's Property Management Division and the Parks and Recreation Department. The overall schedule for the project is tentatively set as follows: • Design Phase by (BA&P) • Bidding/Permitting Phase: • Construction Phase: October 2012 to May 2013 May 2013 to July 2013 August 2013 to November 2013 Under the CMR approach, the City enters into an agreement with a contractor as the CMR early in the design process for the purpose of allowing the facility to be designed and built in partnership with the design professional, the CMR, and the City in an environment that fosters creativity, innovation, constructability, frugality, and quality for the best price possible in today's market. One of the most important distinctions of the CMR project approach is that the CMR is selected based on the firm's qualifications and direct experience based on the specific scope of work, which is critical when deciding on the contractor that will build the outlined project. The CMR approach will give the City the added value of having a qualified contractor evaluate the project documents, in conjunction with the design professional, for any inconsistencies, errors, and omissions between the various design disciplines, constructability of the project, and advise on the selection materials, means, and methods given the current market. The project team, consisting of the City, design professional, and CMR shall produce a quality project with a design that is also buildable in an environment based on a collaborative effort between the three parties in order to work out all the potential conflicts and unforeseen conditions in the project prior to construction. The result of the process is a GMP from the contractor, which is subject to restrictions that minimizes, or eliminates, additional costs to the City, in order to ensure that the City receives the best value for this project. SCOPE OF SERVICES The CMR scope of services shall include, but not be limited to, all of the preconstruction services set forth below and, upon approval by the City of the GMP, and as contemplated in 176 Commission Memorandum-RFQ 022-2013TC-Construction Manager at Risk Services for the Scott Rakow Youth Center Ice Rink and Mechanical Repairs May8, 2013 Page 3 any GMP amendment(s) as necessary to fix and describe the parties' respective rights and responsibilities with respect to the work and the project, all of the construction services required to complete the work in strict accordance with the contract documents, and to deliver the project to the City at or below the GMP, when established, and within the contract time. The CMR shall review project program plans requirement. existing on-site conditions and off- site development, surveys and preliminary budget, and make recommendations to the City for revisions or value engineering. The CMR shall prepare a preliminary project schedule in accordance with the contract documents and in coordination with the City and the Architect/Engineer (NE), identifying all phases, critical path activities, and duties of each of the project team members. It is the City's intention to enter into a contract with a CMR for pre- construction services prior to the 90% design submittal. The CMR shall, at each design phase (i.e. 90% design development and 100% construction documents) review the plans and advise the City and the NE regarding the constructability of the design and any errors, omissions, or conflicts discovered, including, but not limited to design, plans or site conditions. The CMR shall prepare an outline of proposed bid packages and detailed cost estimates at every phase, and advise the City regarding trends in the construction and labor markets that may affect the price or schedule of the project. The CMR shall attend all project related meetings. The CMR shall also provide pre-construction services and shall be compensated for such services, based upon a negotiated fixed fee. At the conclusion of the pre-construction services, the CMR shall provide the City a proposal for a GMP amendment for construction phase services, and without assuming the duties of the NE, warrant to the City that the plans, specifications, and other contract documents are consistent, practical, feasible and constructible within the contract time. The successful firm will be tasked with the following duties and responsibilities: Task 1 -Coordination with the Design Professional: The CMR shall maintain a working relationship with the Architect/Engineer (NE), however, this shall not be construed to mean that the CMR assumes any of the responsibilities or duties of the NE. The CMR shall be solely responsible for construction means, methods, techniques required by the project site conditions or requirements indentified, sequence, and procedures used in the construction of the project and for the safety of its personnel, property, and operations for performing in accordance with the CMR's agreement with the City. The NE is responsible for the requirements of the project as indicated in the agreement between the City and the NE. The CMR's services shall be rendered compatibly and in cooperation with the NE's services under the City. It is not intended that the services of the NE and the CMR be competitive or duplicative but rather complementary. Task 2 -Review of Design Documents, Scheduling, Estimating, and Cost Control: The CMR shall meet with the NE and City representatives to review the most current NE's Agreement. The CMR shall ensure that the parties jointly review, modify as necessary, and agree to a single design schedule to be the most current NE contract. The CMR, as a result of the above noted review of the design documents and recommendations provided to the City, shall be fully responsible for the coordination of the drawings with the written specifications. This includes, but not limited to, the CMR's review of the construction documents in coordination of the drawings and specifications themselves, with the existing buildings and sites to ensure proper coordination and constructability and lack of conflict, and to minimize unforeseen conditions. The CMR shall be responsible for the 177 Commission Memorandum-RFQ 022-2013TC-Construction Manager at Risk Services for the Scott Rakow Youth Center Ice Rink and Mechanical Repairs May 8, 2013 Page 4 proper identification and location of all utilities, services, and other underground facilities which may impact the project. The CMR agrees, specifically, that no contract amendments shall be requested by the CMR or considered by the City for reasons involving conflicts in the documents, questions of clarity with regard to the documents, and incompatibility or conflicts between the documents and the existing conditions, utilities, code issues and unforeseen underground conditions. Task 3 -Bid and Award Phase: The CMR shall prepare a subcontractor's prequalification plan in compliance with the requirements currently determined by the City. The CMR shall submit to the City the CMR's list of pre-approved subcontractors for each element of the work to be subcontracted by the CMR. The City reserves the right to reject any subcontractor proposed for any bid to be considered by the CMR. Any claims, objections, or disputes arising out of the pre-qualification plan or list, are the responsibility of the CMR. The CMR shall hold harmless, indemnify, and defend the City, its employees, agents, and representatives in any matter arising out of the pre-qualification plan, and/or the subcontractor's list; except where the sole cause of the matter is a City directed decision. Task 4 -Guaranteed Maximum Price (GMP): After taking, reviewing, and identifying the proposals from the responsive and responsible sub-contractors, the CMR shall propose to the City, a GMP which shall be the sum of the proposed subcontracts and the CMR's general conditions (including any fee, profit, overhead and all like amounts) and the agreed upon contingency amount. The GMP shall be the full and complete amount for which the CMR agrees to go forward from the receipt of subcontract bids to the full completion of the project. Prior to acceptance and execution of the GMP, the CMR shall submit a best value quality control plan that identifies risks and potential risks that the CMR does not control and includes the CMR's plan to minimize that risk. A risk would be any existing or potential condition, situation, or event that could negatively impact the project's cost, schedule, quality and the City's expectations with the exception of lead time required for any material and /or equipment. Upon acceptance and execution of the GMP proposal by the City, the CMR shall enter into agreements with the subcontractors selected for the amounts included in the GMP proposal and shall function as a general contractor complying with the contract documents. Task 5-Construction Phase: Once the City has accepted the GMP, the City will issue a GMP amendment which will include the contract for construction. CMR activities shall include, but are not limited to: • Obtaining any and all regulatory, City, municipal permits as required • Coordinating site construction management services including, but not limited to: regular job site meetings, maintaining daily on-site project log and schedule report, overseeing quality assurance, testing and inspection programs, monitoring construction management staff and sub-contractor work performance for deficiencies, maintaining record copies of all contract documents, change urc.Jers and other documentation on site, overseeing construction management staff and subcontractor safety programs • Staffing each assigned project in a satisfactory manner. At a minimum, the CMR site personnel during the construction phase will include: a project manager, a full-time project superintendent and project administrative personnel. The CMR shall provide site personnel that are competent, English-speaking and able to communicate effectively. • Updating and maintaining master project schedules, detailed construction schedules, 178 Commission Memorandum-RFQ 022-2013TC-Construction Manager at Risk Services for the Scott Rakow Youth Center Ice Rink and Mechanical Repairs May 8, 2013 Page 5 submittal schedules, inspection schedules and occupancy schedules • Preparing a schedule of values associated with the bid package identified and submitting it for approval by the architect and the City. All payment requests must be in accordance with the approved schedule of values. • Processing payment requests for approval by the architect and the City • Processing any GMP adjustments due to City-requested changes in scope and modifications and shall submit it for approval to the architect and the City including a cost estimate of the proposed change • Processing requests for information and coordinate with the architect • Providing construction program accounting and reporting to the City as required • Providing monthly progress reports to the City • Submitting exception-based status reports, associated with the quality control plan, addressing conditions, situations, and events that introduce risk to the project, in terms of cost, schedule, quality, City's expectations, and including the CMR's plan to mitigate the risk(s) • Coordinating with the architect and City the substantial and final inspections prior to the architect's approval and issuance of the certificate of substantial completion Task 6 -PostMConstruction Phase: The CMR will coordinate project closeout, start-up, training, and transition to operation, per the contract for construction. Activities include, but not limited to: • Coordinating project close-out, start-up, training, and transition to operation • Coordinating with the architect to provide a complete project record including project manual and CADD drawings to show all construction changes, additions, and deletions compared to the construction document (CADD disks will be provided to the CMR by the architect) • Coordinating with the City to prepare the certificate of final inspection • Obtaining and reviewing for completeness, have corrected if necessary, and submit to the City, following the architect's approval, all warranties, operations and maintenance manuals, and other such documents • Completing all punch-list items generated by AlE consultants during their inspections • Coordinating and conducting the occupancy evaluation and warranty inspection • Being responsible to the City for warranties and guaranties RFQ PROCESS Request for Qualifications (RFQ) No. 022-2013TC was issued on December 14, 2012, with an opening date of January 16, 2013. The pre-bid conference was held on December 20, 2012. 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 27 prospective bidders of which 10 accessed the advertised solicitation. In addition, 46 vendors were notified via email, which resulted in the receipt of the following three (3) proposals: • KVC Constructors, Inc. • Lynx Construction Management, LLC • Thornton Construction Company, Inc. 179 Commission Memorandum-RFQ 022-2013TC-Construction Manager at Risk Services for the Scott Rakow Youth Center Ice Rink and Mechanical Repairs May 8, 2013 Page 6 Through the Procurement Division's review of each bid for responsiveness, KVC Constructors, Inc. was deemed nonresponsive for failing to meet the mandatory requirement of proposing a project manager with a minimum of ten (1 0) years experience in construction management. On February 12, 2013, the Interim City Manager via Letter to Commission (LTC) No. 04 7- 2013, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Elizabeth Camargo, Resident and Capital Improvement Projects Oversight Committee member • Roberto Rodriguez, Capital Projects Coordinator, CIP • Stephanie Rosen, Resident and Youth Center Advisory Board Committee member • Anthony Scallo, Ice Rink Manager, Parks and Recreation • Meryl Wolfson, Resident and Parks and Recreational Facilities Board The following individuals as were listed as alternates: • Leslie Graff, Resident and Parks and Recreational Facilities Board member • Jason Hagopian, Resident and Design Review Board member • Daniel Veitia, Resident and Planning Board Committee member • Jose Velez, Capital Projects Coordinator, CIP On February 26, 2013, the Committee convened to review and discuss the responsive proposals and nominated Anthony Scallo as Committee Chair. The Committee evaluated each proposal based on the following criteria noted in the RFQ: • 25 Points • The experience, qualifications, quality control and assurance plan, and portfolio of the Principal Firm • 20 Points -The experience, qualifications and portfolio of the Project Manager, as well as his/her familiarity with this project and a thorough understanding of the methodology and design approach to be used in this assignment • 20 Points • The experience and qualifications of the professional personnel assigned to the Project Team as well as their familiarity with this project and a thorough understanding of the methodology and design approach to be used in this assignment • 20 Points -Willingness to meet time and budget requirements as demonstrated by past performance, methodology and approach • 10 Points • Past performance based on quality of the Performance Evaluation Surveys and the Administration's due dilligence based upon reference checks performed of the Firm{s) clients • 5 Points -Risk Assessment Plan that reflects a clear understanding of project objectives; a thorough review of existing conditions; familiarity with the project site; a thor()IJgh llndArstanding of all permitting and regulatory requirements and impacts; and other considerations that may impact the design and construction of the proposed improvements Upon completion of the interviews, the Committee discussed each prospective bidder's qualifications, experience, and competence to score and rank the firms. Thornton Construction Company, Inc. received all five first-place votes as noted below: 180 Commission Memorandum-RFQ 022-2013TC-Construction Manager at Risk Services for the Scott Rakow Youth Center Ice Rink and Mechanical Repairs MayB, 2013 Page 7 Evaluation Committee Scorin I (Ranking) Camargo Rodriguez Rosen Scallo Wolfson Total Thornton 96 (1) 87 (1) 88 (1) 87 (1) 92 (1) 450 (5) Lynx 92 (2) 83 (2) 72 (2) 82 (2) 77 {2) 406 (1 0) COMPANY PROFILE Thornton Construction Company, Inc. has over ten years of CM at Risk experience working mostly with Jackson Memorial Hospital, Miami-Dade College, Miami-Dade Public Schools, the State of Florida Department of Juvenile Justice, and the University of Miami. Also, Thornton has extensive experience in mechanical projects and mold mitigation -two significant components of this project. Notable projects include: • LAN Cargo Cold Storage Facility-LAN Cargo, SA-$2 million-2010 • Replacement of Two AHUs & Interior Renovations -Memorial Healthcare System - $1.9 million-2012 • The Family Birthplace-Memorial Healthcare System-$5.3 million-2011 • Forensic Examiner's Building -Broward County-$2.4 million -2009 • Bay Point School -Florida Department of Juvenile Justice -$2.8 million -2008 CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of the Committee, the City Manager exercised his due diligence and carefully considered the specifics of this RFQ process. As a result, the City Manager recommends that the Mayor and City Commission adopt a resolution to enter into negotiations with the top-ranked firm, Thornton Construction Management, LLC; and should the Administration not be able to successfully negotiate an agreement with the top-ranked firm, authorize the Administration to negotiate with the second-ranked firm, Lynx Construction Management, LLC; and further authorize the Mayor and City Clerk to execute and agreement for pre-construction services. CONCLUSION The Administration recommends that the Mayor and City Commission adopt a resolution accepting the recommendation of the City Manager pursuant to Request for Qualifications (RFQ) No. 022-2013TC, for a Construction Manager at Risk to provide pre-construction and construction phase services via a guaranteed maximum price (GMP) amendment for the Scott Rakow Youth Center Ice Skating Rink, mechanical repairs, and building renovations; and authorizing the Administration to enter into negotiations with the top-ranked firm, Thornton Construction Company, Inc.; and should the Administration not be able to successfully negotiate an agreement with the top-ranked firm, authorizing the Administration to negotiate with the second-ranked firm, Lynx Construction Management, LLC; and further authorizing the Mayor and City Clerk to execute and agreement for pre-construction services. JLM/JGG/FV/AD T:\AGENDA\2013\Aprii17\RFQ 022-2013TC-CMR Scott Rakow-Memo.doc 181 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 022-2013TC, FOR A CONSTRUCTION MANAGER AT RISK FIRM TO PROVIDE PRE-CONSTRUCTION SERVICES AND CONSTRUCTION PHASE SERVICES VIA A GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT FOR THE SCOTT RAKOW YOUTH CENTER ICE SKATING RINK, MECHANICAL REPAIRS, AND BUILDING RENOVATIONS; AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED FIRM, THORNTON CONSTRUCTION COMPANY, INC.; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO SUCCESSFULLY NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND-RANKED FIRM, LYNX CONSTRUCTION MANAGEMENT, LLC; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR PRE-CONSTRUCTION SERVICES. WHEREAS, Request for Qualifications (RFQ) No. 022-2013TC was issued on December 14, 2012, with an opening date of January 16, 2013; and WHEREAS, the Public Group issued bid notices to 27 prospective bidders of which 10 accessed the advertised RFQ documents and the Procurement Division notified 46 vendors via email which resulted in the receipt of the following three (3) bids: • KVC Constructors, Inc. • Lynx Construction Management, LLC • Thornton Construction Company, Inc.; and WHEREAS, through the Procurement Division's review of each bid for responsiveness, KVC Constructors, Inc. was deemed nonresponsive for failing to meet the mandatory requirement of proposing a project manager with a minimum of ten (1 0) years experience in construction management; and WHEREAS, the City Manager, via a Letter to Commission (LTC) No. 047-2013, appointed the following individuals as Evaluation Committee (the "Committee") members: • Elizabeth Camargo, Resident and Capital Improvement Projects Oversight Committee member • Roberto Rodriguez, Capital Projects Coordinator, CIP • Stephanie Rosen, Resident and Youth Center Advisory Board Committee member • Anthony Scallo, Ice Rink Manager, Parks and Recreation • Meryl Wolfson, Resident and Parks and Recreational Facilities Board • (alternate) Leslie Graff, Resident and Parks and Recreational Facilities Board member • (alternate) Jason Hagopian, Resident and Design Review Board member • (alternate) Daniel Veitia, Resident and Planning Board Committee member • (alternate) Jose Velez, Capital Projects Coordinator, CIP; and 182 WHEREAS, on February 26, 2013, the Committee convened to review and discuss the responsive proposals and evaluate each proposal based on the evaluation criteria noted in the RFQ; and WHEREAS, after considering the review and recommendation of the Committee, the City Manager exercised his due diligence and carefully considered the specifics of this RFQ process and recommends that the Mayor and City Commission adopt a resolution to enter into negotiations with the top-ranked firm, Thornton Construction Management, LLC; and should the Administration not be able to successfully negotiate an agreement with the top-ranked firm, authorize the Administration to negotiate with the second-ranked firm, Lynx Construction Management, LLC; and further authorize the Mayor and City Clerk to execute and agreement for pre-construction services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for Qualifications (RFQ) No. 022-2013TC, for a construction manager at risk firm to provide pre-construction service and construction phase services via a guaranteed maximum price (GMP) amendment for the Scott Rakow Youth Center Ice Skating Rink, mechanical repairs, and building renovations; and authorizing the Administration to enter into negotiations with the top-ranked firm, Thornton Construction Company, Inc.; and should the Administration not be able to successfully negotiate an agreement with the top-ranked firm, authorizing the Administration to negotiate with the second-ranked firm, Lynx Construction Management, LLC; and further authorizing the Mayor and City Clerk to execute an agreement for pre-construction services. PASSED AND ADOPTED this __ day of ____ , 2013. ATTEST: CITY CLERK MAYOR T:\AGENDA\2013\April 17\RFQ 022-2013TC-CMR Scott Rakow-RESO.doc 183 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving the City's 2013/14 Federal Legislative Agenda Key Intended Outcome Supported: Supports Multiple KIOs Supporting. Data (Surveys, Envi._ro_n_m_e_n.,..ta...,.l-=scc--an-,-e.,..t-c.-::--):-=T::-:-h-e_q_u .. a.-:-:li-ty-o-:f-:-th:-e--:-be_a_c7h_e_s ·-a-pp_e_a_r_s-as--···- one of the most important areas affecting quality of life. More recreational opportunities is ranked ~s one of the changes that will make Miami Beach a better place to live. Storm drainage catch basins cleaning citywide; improving infrastructure was listed number 5 in important safety areas for he City to address. Item Summary/Recommendation: Each year, the Mayor and City Commission adopt the City's funding and legislative priorities that will be pursued by the City's representatives in Washington D.C. during the annual Congressional session. The proposed priorities include project, authorization, and policy requests which will continue to evolve as the Congressional process continues. So far in 2013, efforts to secure funding for project has stalled, due to a 3~year old moratorium on earmarks, four straight years of the federal government operating on continuing resolutions instead of an adopted budget, as well as the recent issues regarding the debt ceiling and budget sequester. This year the proposed agenda includes the following issues: • Beach Renourishment • Coastal Flooding I Sea Level Rise • Miami Beach Convention Center • After School Program and Education • Atlantic Greenway Network • Municipal Bond Tax Exemption • Support of Local Funding Programs Advisory Board Recommendation: LN/A ---- Financial Information: Source of --r-·----,---A-=-m_o_u-nt--.,---Account Funds: 1 LAI 3 2 OBPI Total Financial Impact Summary: r·ty Clerk's Office Legislative Tracking: mez, City Manager's Offi~e I Kevin Cro~_de_r ___________ _ MIAMI BEACH 184 City Manager AGENDA ITEM C 7 L DATE $"'.--8'' ( 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: May 8, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE CITY'S FISCAL YEAR 2013/14 FEDERAL LEGISLATIVE AGENDA. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Each year, the Mayor and City Commission adopt the City's funding and legislative priorities that will be pursued by the City's representatives in Washington D.C. during the annual Congressional session. The proposed priorities include project, authorization, and policy requests which will continue to evolve as the Congressional process continues. So far in 2013, efforts to secure funding for project has stalled, due to a 3- year old moratorium on earmarks, four straight years of the federal government operating on continuing resolutions instead of an adopted budget, as well as the recent issues regarding the debt ceiling and budget sequester. Due to these challenges, this year's Federal Legislative Agenda has been reorganized to identify programs and opportunities for City projects that do not require an earmark, and to identify opportunities to provide input to the budget process to improve the chances for City projects to match the requirements of various Federal programs. The proposed Federal Legislative Agenda (attached) includes the following items: Beach Renourishment Army Corps of Engineers Renourishment Project-For over a decade, the City of Miami Beach has been seeking implementation of an effective long term solution, through a Federal partnership with the full and united support of our Congressronal Delegation, to preserve the coastline and effectively prevent devastating shoreline erosion. The current "band-aid" solutions to address erosion are nearing an end and another Hurricane Season is approaching. The lack of action on a long-term solution is no longer acceptable. The project that relocated sand from South Beach to the northern beaches confirmed the depletion of the local borrow pits and represents the final renourishment action under existing circumstances. 185 Commission Memorandum May 8, 2013 Federal Legislative Priorities Resolution of the Foreign Source Sand Issue -Miami-Dade County, which currently holds the 50 year contract with the US Army Corps of Engineers (USACE) for beach renourishment activities, learned from the USACE in the late 1990s that the borrow pits off its shores were severely depleted and an alternate source of sand was essential. As a result, the USACE began a study to determine whether any feasible sources were available domestically before allowing project sponsors to seek a source outside of the United States. Regrettably after 12 years, the USACE remains unable to come to a conclusion on this urgent matter. The Army Corps is currently working with the Florida Department of Environmental Protection to implement a regional sand source program. The City urges immediate conclusion of this effort. Coastal Flooding The City of Miami Beach urges the Federal Government to identify and fully fund programs to address coastal flooding caused by sea level rise, climate change, high tides, and any other source. Flooding in high hazard coastal areas-we need resources and funding support to deal with flooding issues, including improvements and upgrading the stormwater system including installation of projects including valley gutters, stormwater pump stations, injection wells, and other technology which increases the capacity flow of the stormwater system. Additional support to address coastal flooding including dune system restoration and maintenance, and improving seawalls is also a necessary component to achieve full infrastructure resilience. Prioritization of areas with high groundwater elevation and drainage basins that are barely above sea level should be a priority, since flooding occurs in many of these basins during periods of high tides when there has not even been any rain. This recurring flooding has a significant environmental, health and economic impact, causing businesses to be inaccessible to customers, and resulting in the additional cost of replacing and repairing damaged property. The high groundwater elevation results in slow drainage, leading to deterioration and failure of paved roads, mosquito breeding, and other public health issues. Additionally, the City strongly supports the establishment of a National Catastrophe Fund. Miami Beach Convention Center and Conference Facility Expansion There is a need for Federal support for high-impact tourism industry infrastructure investments, especially in attracting an increase share of worldwide meeting and convention business. Infrastructure such as convention and meeting facilities and related support systems, including transportation access and energy efficiency are critical to enhance the United States' competitiveness in this international marketplace. Targeted debt and equity funding opportunities through the New Market Tax Credits program of the Treasury Department should be prioritized, espeGially in states that are underserved by the program. Providing support to the strong foundation that already exists is critical, especially for large, transformational projects that provide significant return on investment. The Miami Beach Convention Center is South Florida's third largest economic engine, after Miami International Airport and the Port of Miami. Discussion about enhancements to the Miami Beach Convention Center have been ongoing for almost ten years, culminating with a plan of action that was agreed upon by the City of Miami Beach and Miami-Dade County, in conjunction with interested stakeholders, to develop a long-term vision and 186 Commission Memorandum May 8, 2013 Federal Legislative Priorities master plan for this regional convention facility. The result is a process that will culminate in 2013 with a public private partnership to enhance the facility and solidify its role in supporting the regional economy. The City of Miami Beach is seeking to identify opportunities for Federal partnership related to: o Convention Center Access and Infrastructure Improvements with the Departments of Transportation and Commerce; o Sustainability, LEED, Renewable Energy and Green Building Components with the Department of Energy and the EPA; o Debt and Equity Funding Opportunities through New Market Tax Credits and the Department of Treasury; Juvenile Justice, the Miami Beach After School Program and Education The City seeks continued federal support of the After School Program through the Department of Juvenile Justice. Continued After~School and Summer programs ensure that youth "grows up" within the support system. These youth are less likely to entertain outside and detrimental participation in other unsupervised activities, such as involvement in gangs and/or drugs. Participation in the recently created Teen Intervention Program in North Beach has increased dramatically, as have the various programmatic offerings by the City of Miami Beach. The primary goal of this program is to prevent and reduce delinquent behavior and keep the community's at-risk youth in a positive environment to foster personal growth and encourage teens to become well- rounded individuals through the accumulation of new skills, awareness, and knowledge. Moreover, the program's aim is to promote healthy relationships that facilitate social skill development, decrease teen substance and alcohol abuse, and increase quality programming offerings that appeal to teenage youth. As a result, the participants involved in this program are less likely to entertain outside and detrimental participation in other unsupervised activities, including involvement in gangs and/or drugs. Success can be measured through the enrollment figures which demonstrate that more participants return for subsequent years in the program. The educational component of the program offers weekly skills training classes, drug prevention courses, tutoring, and even cultural and recreational outings. The City will work to identify and apply to additional educational programs such as additional funding competitions for Race to the Top and Innovation grants. Atlantic Greenway Network The City seeks authorization of $12 million for the Atlantic Greenway Network Project in the new Transportation Authorization Bill. Continued funding support for alternative modes of transportation that connects the workforce and consumers with centers of commerce and employment, cultural and tourism centers, parking facilities, parks, and schools. Dense urban areas, especially wilh hisluric districts, should be prioritized, both in terms of population density as well as density of housing units and other forms of habitation, such as hotel rooms. Effective modes of transportation are crucial to the continued economic success of urban historic districts, especially where less than two- thirds of the population drove to work alone and over 15% walk to work. The return on investment of alternative modes of transportation in dense urban areas is significant, since these areas have already demonstrated the local population's acceptance of the modes. 187 Commission Memorandum May 8, 2013 Federal Legislative Priorities Municipal Bonds The City supports the current tax exemption for municipal bonds, and opposes its elimination. The City further opposes the proposed cap of the exemption at 28%. Local Funding Programs The City opposes funding reductions to programs such as the Community Development Block Grant, HOME Housing Partnerships, Energy Efficiency Block Grant, Urban Area Security Initiative, Hazard Mitigation and Pre-Disaster Mitigation programs. The City will work to identify potential resources and associated criteria for local development of alternative water sources, including funding support for a study of the feasibility of desalinization in Miami Beach, as well as funding opportunities for water reclamation activities. The City will monitor, report and advocate for full funding of budget allocations which fund social services and other programs provided by Miami Beach organizations. The City strongly encourages and supports the direct allocation of federal funding to local governments, without state and/or county pass-through. The City further feels that this position should be a key element of the White House's new Urban Policy. CONCLUSION The Administration recommends that the Mayor and City Commission review the proposed Federal legislative agenda, establish the priorities and adopt the attached Resolution. JLM/JGG/kc T:\AGENDA\2013\May 8\Federal Legislative AGenda.docx 188 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE CITY'S FEDERAL LEGISLATIVE AGENDA FOR THE FIRST SESSION OF THE 113 TH CONGRESS. WHEREAS, the City must avail itself of all potential sources of funds; and WHEREAS, Federal legislation may need to be enacted to protect and enhance the City's interests; and WHEREAS, action of Federal executive agencies may be necessary for the same purposes; and WHEREAS, it is imperative that the City's legislative consultant is aware of, and has a list of, City priorities; and WHEREAS, the City's legislative consultant has met with the Mayor, City Commission, City Attorney, and Administration to identify priorities; and WHEREAS, the Administration has prioritized funding needs and identified potential funding sources; and WHEREAS, the City's numerous Federal-level needs have been assessed and prioritized to produce the most effective use of its legislative team. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the recommended Federal Legislative Agenda for the first session of the 113th Congress be approved, as more specifically set forth in the attached Commission Memorandum. PASSED and ADOPTED this ____ day of _____ , 2013. ATTEST: City Clerk T:\AGENDA\2003\FEB2603\REGULAR\FEDERAL PRIORITIES RESO.DOC Mayor APPROVED AS TO FORM & LANGUAGE ///'"~--~-& FOR E]<ECUTION ~/c ) )) ') /' ·'"J.A2,/ / 'f ~--(..-\ L J ··.~· ,_ty,Attorn'~(;._, Date 189 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor and City Commission Of The City Of Miami Beach, Florida, Approving and Authorizing The Mayor and City Clerk To Execute An Amendment To The Contract Between The City Of Miami Beach And Peterson's Harley Davidson of Miami, LLC, Dated January 27, 2011, Approving The First Year Renewal Option Of The Contract, And Further Amending Section 2.2 (Terms) Of Such Contract To Allow Subsequent Renewal By The City Manager. Key Intended Outcome Supported: Increase visibility of Police; Maintain crime rates at or below national trends. Supporting Data (Surveys, Environmental Scan, etc.): 83.9% of residents responding to the 2009 Miami Beach Community Satisfaction Survey rated Police Safety Services as Excellent or Good. Item Summary/Recommendation: The Mayor and City Commission, at its January 19, 2011, City Commission meeting awarded a contract to Peterson's Harley Davidson of Miami, LLC (Peterson's), pursuant to Invitation to Bid (ITB) No. 21 09/10, for the lease or purchase of police motorcycles, in the estimated annual amount of $99,000. The purpose of this resolution is to recommend the first year renewal of this contract and to amend Section 2.2 of the contract to allow the second renewal option to be considered and exercised by the City Manager, at his discretion. Under the terms of the contract Peterson's will replace the current fleet of fifteen (15) Harley Davidson FLHTP police motorcycles plus two (2) spare motorcycles with new units. Peterson's will transfer safety equipment including lights, box, siren, and ABS brakes to the new models. Monthly billing will continue to be $550 per motorcycle, for fifteen motorcycles (no charge for the two spare units), for an annual total of $99,000. The cost includes preventive and routine maintenance and warranty repairs during the term - except tire replacement, physical damage, and repairs resulting from training usage. Performance evaluations have been received from the user Departments with favorable feedback for the awarded vendor. ADOPT THE RESOLUTION. Advisory Board Recommen.=.da=t::.:..io::.:n..:.::'--------------------------.., I -- Financial Information: Sou:~ Amount Fun : 1 $99,000 ' O~PI Total $99,000 Financial Impact Summary: City Clerk's Office Legislative Tracking: j Alex Denis, Ext. 6641 Si n~Offs: J MIAMI BEACH 510-1780-000323 190 Account anager AGENDA ITEM _C._7--=0~ DATE 5-'t---13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov COMMISSION MEMORANDUM FROM: Jimmy L. Morales, City Manager mbers ~Commission TO: Mayor Mattie Herrera Bower and DATE: May 8, 2013 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF MIAMI BEACH AND PETERSON'S HARLEY DAVIDSON OF MIAMI, LLC, DATED JANUARY 27, 2011, FOR THE LEASE OR PURCHASE OF POLICE MOTORCYCLES, IN THE ESTIMATED ANNUAL AMOUNT OF $99,000; SAID AMENDMENT APPROVING THE FIRST YEAR RENEWAL OPTION OF THE CONTRACT, AND FURTHER AMENDING SECTION 2.2 THEREOF (TERMS) TO ALLOW SUBSEQUENT RENEWAL BY THE CITY MANAGER. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funds in the amount of $99,000 have been previously appropriated in FY 2012/13 Operating Budget, Account Code No. 510-1780-000323. Funds of $99,000 for the second option year will be appropriated in FY 2013/14 budget. BACKGROUND SUMMARY The Mayor and City Commission at its January 19, 2011, City Commission meeting awarded a contract to Peterson's Harley Davidson of Miami. LLC (Peterson's), pursuant to Invitation to Bid (ITB) No. 21 09/10, for the lease or purchase of police motorcycles, in the estimated annual amount of $99,000. The purpose of this Resolution is to recommend the first year renewal of the contract, and to amend Section 2.2 of such contract, to allow renewal for the second option year by the City Manager, at his sole discretion. Under the terms of the contract Peterson's will replace the current fleet of fifteen (15) Harley Davidson FLHTP police motorcycles plus two (2) spare motorcycles. Peterson's will transfer safety equipment including lights, box, siren, and ABS brakes to the new models. Monthly billing will continue to be $550 per motorcycle, for fifteen motorcycles (no charge for the two spare units), for an annual total of $99,000. The cost includes preventive and routine maintenance and warranty repairs-except tire replacement, physical damage, and repairs resulting from training usage. 191 Commission Memorandum ITB 21 09110 Lease or Purchase of Police Motorcycles-Renewal MayB, 2013 F'age 12 A Performance Evaluation has been received from the user department with favorable feedback for the awarded vendor. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission approve and authorize the Mayor and City Clerk to amend the contract between the City and Peterson's Harley Davidson of Miami, LLC, dated January 27, 2011, for the lease or purchase of police motorcycles, in an estimated annual amount of $99,000; approving the first year renewal option, and further amending Section 2.2 thereof (Terms) of such contract to allow subsequent renewal by the City Manager. T:\AGENDA\2013\May 8\ITB 21 09-10 Lease of Police Motorcycles Renewai-Memo.doc 192 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF MIAMI BEACH AND PETERSON'S HARLEY DAVIDSON OF MIAMI, LLC, DATED JANUARY 27, 2011, FOR THE LEASE OR PURCHASE OF POLICE MOTORCYCLES, IN AN ESTIMATED ANNUAL AMOUNT OF $99,000; SAID AMENDMENT APPROVING THE FIRST YEAR RENEWAL OPTION OF THE CONTRACT, AND FURTHER AMENDING SECTION 2.2 THEREOF (TERMS) TO ALLOW SUBSEQUENT RENEWAL BY THE CITY MANAGER. WHEREAS, at January 19, 2011, City Commission, the Mayor and City Commission awarded a contract to Peterson's Harley Davidson of Miami, LLC pursuant to Invitation to Bid (ITS) No. 21 09/10, for the lease or purchase of police motorcycles, in the estimated annual amount of $99,000; and WHEREAS, the purpose of this Resolution is to recommend the first year renewal of the contract, and to amend Section 2.2 of such contract, to allow renewal for the second option year by the City Manager, at his sole discretion; and WHEREAS, under the terms of the contract, Peterson's will replace the current fleet of fifteen (15) Harley Davidson FLHTP police motorcycles plus two (2) spare motorcycles; and WHEREAS, monthly billing will continue to be $550 per motorcycle, for fifteen motorcycles for an annual total of $99,000. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute amendments to the contracts between the City and Peterson's Harley Davidson of Miami, LLC, dated January 27, 2011, for the lease or purchase of police motorcycles, in the estimated annual amount of $99,000; said Amendment approving the first year renewal option of the contract, and further amending Section 2.2 thereof (Terms) of such contract to allow subsequent renewals by the City Manager. PASSED and ADOPTED this ___ day of-----· 2013. ATTEST: CITY CLERK MAYOR APPROVED AS TO FORM & LANGUAGE & Ff1 ·xECUTION ~~ ... / -~~ -~~City Attorney )./:\{ l'v Data T:\AGENDA\2013\5-8-13\ITB 19-09-1 0 Rental of 65-Passenger Air Conditioned School Bus with Driver Renewal RES6~Jc 193 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission OfThe City Of Miami Beach, Florida, Authorizing The Mayor And City Clerk To Execute Amendment 2 To The Professional Services Agreement For Schwebke-Shiskin & Associates, Inc. For Additional Resident Project Representative And Supplemental Construction Administration Services, For The Venetian Islands Bid Package 13C Right-Of-Way Neighborhood Improvement Project; In The Negotiated NotTo Exceed Amount Of $349,957; With Previously Appropriated Funding In The Capital Budget From The Following Funds: $181,492 From Fund 384-2003 GO Bonds-Neighborhood Improvements; $100,491 From Fund 427-Stormwater Enterprise Fund; And $67,974 From Fund 420-W&S GBL Series 2010. Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects, Improve Storm Drainage Citywide, and Maintain City's Infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that over 81% of residents rated recently completed capital improvement projects as "excellent" or "good". Recently completed capital improvement projects (81 %). storm drainage (37%), and condition of roads(44%). Item Summary/Recommendation: On September 9, 2009, the City Commission pursuant to Request for Qualifications (RFQ) No. 42-08/09, adopted Resolution No. 2009-27161, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Schwebke-Shiskin & Associates, Inc. (SS&A) to provide professional services for the design, bid, award and construction administration phases of the Venetian Islands Bid Package 13c, Right-Of-Way Neighborhood Improvement Project (the Project). The Administration has determined that additional resources for the aforementioned Construction Administration Services (tasks 4.2 thru 4.4) are warranted due to increase scope to the project that was not contemplated during the original contract. The additional scope added to the project includes full roadway reconstruction, lining of the sanitary sewers, and rehabilitation of existing outfalls. SS&A provided enhancement to the Stormwater design to address the current Public Works Department requirements with modifications to the contribution area which increased the capacity of the system. Although the project contract duration remains unchanged, the negotiated hours for this task did not contemplate weekly progress meetings, therefore, the amended services include weekly progress meeting for sixty-one (61) weeks. Additionally, the original contract under task 4.6 had estimated one (1) Resident Project Representative (RPR) for a period of eighteen ( 18) hours per week for the duration of the project. Due to the size and complexity of the project infrastructure, the City has determined that supplemental RPR services will be required. A full time RPR is crucial to the success of the project in order to monitor, and enforce the contractor's compliance with the contract. This construction contract is a unit price contract which requires detailed accounting of every material that is delivered/installed and/or removed/hauled away from the site in order to accurately process and certify the monthly pay requisitions. Since the construction schedule for the Venetian Islands is very aggressive and the likelihood that the contractor will be staged in multiple islands at one time, staff has determined that the project also requires a part time assistant RPR to document concurrent work at the various work zones throughout the three (3) islands. Amendment No.2 to the Agreement in the amount of $349,957 will provide additional on-site RPR services to monitor the construction and supplemental construction administration services for the Project. Amendment No.2 will revise the total contract sum to a not to exceed total of$945,517, which is 9.1% of the total construction cost of$10,339,537. The negotiated price submitted by Schwebke-Shiskin & Associates, Inc. for the above services has been reviewed by City staff and found to be fair and reasonable. The Administration recommends approval of the resolution. Ad. B dR d ' v1sory oar ecommen at1on: Financial Amount Account Information: if! I 1 $181,492 384-2127-069357 2003 GO Bonds-Neighborhood Improvements 2 $100,491 427-2127-069357 Stormwater Enterprise Fund 3 $67,974 420-2127-069357 Water & Sewer GBL series 2010 Total $349,957 Financial Impact Summary: N/A C1t Clerk's Office Le 1slative Trackm MIAMI BEACH AGENDA ITEM _C_7-::-£__,....,._ DATE S"' -'f"'/ 3 194 (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM DATE: May 8, 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 AMENDMENT NO.2, TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND SCHWEBKE-SHISKIN & ASSOCIATES, INC. FOR ADDITIONAL RESIDENT PROJECT REPRESENTATIVE AND SUPPLEMENTAL CONSTRUCTION ADMINISTRATION SERVICES, FOR THE VENETIAN ISLANDS BID PACKAGE 13C RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT; IN THE NEGOTIATED NOT- TO-EXCEED AMOUNT OF $349,957; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE CAPITAL BUDGET FROM THE FOLLOWING FUNDS: $181,492 FROM FUND 384 -2003 GO BONDS -NEIGHBORHOOD IMPROVEMENTS; $100,491 FROM FUND 427 -STORMWATER ENTERPRISE FUND; AND $67,974 FROM FUND 420-W&S GBL SERIES 2010. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure Value and Timely Delivery of Quality Capital Projects. FUNDING $181,492 384-2127 2003 GO Bonds-Neighborhood Improvements $100,491 427-2127 Stormwater Enterprise Fund $ 67.974 420-2127 Water & Sewer GBL series 2010 $349,957 Total BACKGROUND At the April 6, 2009 CIP Oversight Committee (CIPOC) meeting, the Venetian Islands Homeowners Association (VIHA) submitted a request for budget and plan modifications to the prt?viuu::>ly approved Basis of Design Report (BOOR). CIPOC recommended that the City Commission amend the BOOR (and the current 100% design plans for the Venetian Islands Project) to reflect the suggestions presented by the VIHA and its consultants to utilize the funding already allocated; and to seek supplemental funds for the additional work. At its April 22, 2009 meeting, the City Commission approved the issuance of a new Request for Qualifications (RFQ) for the re-design of the current 100% design plans, as reasonably needed, and given the available construction budget. Current competitive market conditions in the construction industry might accommodate the additional Project scope within the existing Project budget. 195 Commission Memorandum-Schwebke-Shiskin Amendment 2 for Venetian Islands Bid Package 13C Project May 8, 2013 Page 2 On May 28, 2009, the City issued RFQ No. 42-08/09 for Re-design, Bid and Award, and Construction Management Services for the Re-design Component, for Venetian Islands Bid Package 13C Neighborhood Right-of-Way Improvement Project, to Include Additional Stormwater Infrastructure, Additional Potable Water System Infrastructure, and Additional Streetscape/Hardscape Improvements. Following negotiations with Schwebke-Shiskin & Associates, Inc., the City was able to reach an agreement with Schwebke-Shiskin & Associates, Inc., in the amount of $530,160, which includes $340,317 for Design and Bid/Award services, $112,043 for Construction Administration services, and $77,800 for limited Resident Project Representative (RPR) services. An additional amount of $55,500 was provided for approved reimbursable expenses. The proposed Professional Services Agreement with Schwebke-Shiskin & Associates, Inc. was recommended for approval by CIPOC at its August 31, 2009 meeting. On September 9, 2009, the City Commission pursuant to Request for Qualifications (RFQ) No. 42-08/09, adopted Resolution No. 2009-27161, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Schwebke-Shiskin & Associates, Inc. (SS&A) to provide professional services for the design, bid, award and construction administration phases of the Venetian Islands Bid Package 13C, Right-Of-Way Neighborhood Improvement Project (the Project). The original contract provided limited construction administration services and reduced RPR services. ANALYSIS The Administration has determined that additional resources for the aforementioned construction administration services (Tasks 4.2 -Weekly Construction Meetings, Task 4.3 - Request for Information and Task 4.4 -Request for Changes to Construction Cost and/or Schedule) are warranted due to increased scope to the project that was not contemplated during the original contract. The additional scope added to the project includes full roadway reconstruction, lining of the sanitary sewers, and rehabilitation of existing outfalls. SS&A provided enhancement to the Stormwater design to address the current Public Works Department requirements with modifications to the area that would contribute stormwater runoff to the proposed system which increased the capacity of the system. Although the project contract duration remains unchanged, the negotiated hours for Task 4.2 did not contemplate for weekly progress meetings, therefore, the amended services include weekly progress meeting for sixty-one (61) weeks. The proposed cost for these tasks is 79,374. Additionally, the original contract under Task 4.6 -"Resident Project Representative" had estimated one (1) on site RPR for a period of eighteen (18) hours per week for the duration of the project. Due to the size and complexity of the project infrastructure, the City has determined that supplemental RPR services will be required. A full time RPR is crucial to the success of the project in order to monitor and enforce the contractor's compliance with the contract. This construction contract is a unit price contract which requires detailed accounting of all matenal that is delivered/installed and/or removed/hauled away from the site, in order to accurately process and certify the monthly pay requisitions. Since the construction schedule for the Venetian Islands is very aggressive and the likelihood that the contractor will be staged in multiple islands at one time, staff has determined that the project also requires a part time assistant RPR to document concurrent work at the various work zones throughout the three (3) islands. The proposed cost for this task is $270,583. Pursuant to RFQ No. 42-08/09, any additional services required during the performance of the work would be requested by the City and negotiated in accordance with the Agreement. To that 196 Commission Memorandum -Schwebke-Shiskin Amendment 2 for Venetian Islands Bid Package 13C Project May 8, 2013 Page 3 effect, the additional services will be added to the Professional Services Agreement as Amendment No. 2 (Exhibit A) for an amount of $349,957. Amendment No. 2 will revise the total contract sum to a not to exceed total of $945,517, which is 9.1% of the total construction cost of $10,339,537. The negotiated price submitted by Schwebke-Shiskin & Associates, Inc. for the above services has been reviewed by City staff and found to be fair and reasonable. CONCLUSION: The Administration recommends that a Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the Mayor and City Clerk to execute Amendment Number 2 to the professional services agreement with Schwebke-Shiskin & Associates, Inc. for supplemental construction administration Services, for the Venetian Islands Bid Package 13C, Right-Of-Way Neighborhood Improvement Project; in the negotiated not-to-exceed amount of $349,957; with previously appropriated funding in the Capital Budget from the following Funds: $181,492 from fund 384-2003 GO Bonds-Neighborhood Improvements; $100,491 from Fund 427-Stormwater Enterprise Fund; and $67,974 from Fund 420-W&S GBL Series 2010. ATTACHMENTS: Exhibit A-Schwebke-Shiskin Amendment No. 2 JLM\JMl\~r T:\AGEf"JDA\2013\May 8\VENET!AN ISLANDS,Venetian lsi;owds-SS & A Amendment 2 · MEMO.ciocx 197 Exhibit A (attached) 198 AMENDMENT NO. 2 TO THE PROFESSIONAL ARCHITECTURE AND ENGINEERING (AlE) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SCHWEBKE-SHISKIN & ASSOCIATES, DATED DECEMBER 18, 2009 IN AN AMOUNT NOT-TO-EXCEED $349,957 TO PROVIDE ADDITIONAL RESIDENT PROJECT REPRESENTATIVE AND SUPPLEMENTAL CONSTRUCTION ADMINISTRATION SERVICES FOR THE VENETIAN ISLANDS BID PACKAGE 13C RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT 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, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139 (hereinafter referred to as CITY), and Schwebke-Shiskin & Associates, Inc., having its offices at 3240 Corporate Way, Miramar, Florida 33025 (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 42-08/09, the Mayor and City Commission adopted Resolution No. 2009-27161, on September 9. 2009, approving and authorizing the Mayor and City Clerk to execute an Agreement (the Agreement) with the Consultant, for Professional Services for the Venetian Islands Bid Package 13c Right-of-Way Neighborhood Improvement Project (the Project); and WHEREAS, the Agreement was executed for a not-to-exceed amount of $530,160, plus an additional amount of $55,000 for approved reimbursable; and WHEREAS, the scope of the Venetian Islands Bid Package 13C Right-of-Way Neighborhood Improvement Project is comprised of improvements to San Marino, Dilido and Rivo Alto Islands. The scope of services provides for the re-design of the Project to include additional stormwater infrastructure, additional potable water system infrastructure and additional streetscape I hardscape improvements; and WHEREAS, on May 2010, the Capital Improvement Projects (CIP) Office approved Amendment No.1 to the Agreement, for a not-to-exceed amount of $9,900, for additional services to provide topographic survey of the seawalls adjacent to existing outfalls scheduled for rehabilitated; and WHEREAS, this amendment No.2, in the not-to~exceed amount ot $:34!:1,957 is to provide additional resident project representative and supplemental construction administration services (see Schedule B-2 Attached); and WHEREAS, City staff have evaluated the Consultant's cost proposal and find that the proposal is reasonable; and 199 WHEREAS, Amendment No. 2 to the Agreement will revise the total contract sum to a not- to-exceed total of $945,517. 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 incorporate Schedule "A-2", 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. 200 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: Print Name 201 CITY OF MIAMI BEACH, FLORIDA Mattie Herrera Bower, Mayor CONSULTANT: SCHWEBKE-SHJSKIN & ASSOCIATES, INC President Print Name APPROVED AS TO FORM & LANC?UAGE &F~ EXECUTION Schedule "A-2" (attached) 202 SCHEDULE A-2 SCOPE OF SERVICES Task 4 -Supplemental Resident Project Representative (RPR} and Construction Administration (CA) Services for the Venetian Islands Bid Package 13C Right of Way Improvement Project: TASK 4-CONSTRUCTION ADMINISTRATION SERVICES will be amended to provide supplemental CA services which will include weekly progress meeting for a total of 61 meeting. The amended RPR services will include supplemental hours for the full time Senior Construction Inspector for a total of forty ( 40) hours per week and supplemental hours for a Construction Inspector for a total of twenty (20) hours per week with responsibilities as outlined herein: 4.2 Weekly Construction Progress Meetings: The Consultant shall attend, participate and take a lead role in weekly construction project meetings with the City and the Contractor of the Project. These meetings will serve as forums to review the status of construction progress, discuss construction issues, discuss schedule and/or cost concerns, discuss potential changes or conflicts, review the status of shop drawing submittals and Construction Document clarifications and interpretations, and to resolve problems before they become critical. Consultant shall prepare weekly meeting minutes and distribute to all meeting attendees, review the two week look ahead provided by the Contractor and provide comments or objections to written statements within the specified timeframe. The Consultant will prepare detailed weekly reports that describe the construction activities, progress, incidents and issues that have occurred on the construction site and distribute to the attendees in advance of the weekly construction progress meetings. The services amended herein will supplement the meetings included in the agreement approved by Resolution No. 2009-27161 to provide services for sixty-one (61) weekly progress meetings. 4.3 Requests for Information/Construction Document Clarification (RFis/CDCs): When RFI's and CDCs involve design issue interpretations, the Consultant will coordinate with the EOR, as needed, to resolve the Contractor's Requests for information, Construction Document Clarifications, Field Orders, and other related correspondence. The Consultant will be also be responsible for ensuring the EOR provides a written response to RFis and CDCs in a timely manner for processing, logging and distributing all RFis/CDCs. Consultant will upload all RFI and CDC responses to the City's E-Builder™ document management system. 4.4 Change Orders: Consultant shall perform an independent review of any Change Orders submitted by the Contractor and provide a written statement noting recommendation for approval or denial of the Change Order to the City. If recommended for approval, the Consultant will note if the requested cost and schedule impacts are fair and reasonable. The Consultant will be responsible for maintaining a Change Order log and uploading approved Change Orders to the City's E-Builder™ document management system. The Consultant shall also participate in change request review meetings with City and Contractor to resolve and/or negotiate resolution of request. The Consultant will review and familiarize themselves with the construction schedule, monitor the progress of construction, and ensure the Contractor's adherence to the schedule. The Contractor will be required to submit a detailed schedule to the Consultant at the pre-construction meeting. This schedule will be reviewed and approved by the Consultant and the City. This schedule will be updated on a biweekly basis by the Contractor; however, the Consultant will be responsible for reviewing the contactor's schedule to confirm accuracy of the work activities completed. Analysis of the Contractor schedule will be on the basis of planned versus actual costs for the month and construction contract to date. 203 1 of 6 3/29/2013 Consultant shall verify that the Contractor is uploading approved schedule and schedule updates to the City's E-Builder™ document management system. 4.6 Resident Project Representative: The Consultant will communicate daily or periodically with the City and Contractor, as needed. They will report on concerns as it relates to the construction effort and activities. In addition, the Consultant shall also coordinate with the Contractor's Public Information Officer where notifications such as utility outages, road closures, etc. may be required. The Consultant will monitor and verify that the Contractor has made the required notifications to the utility owners, residents and businesses as may be required. (a) Field Inspections: The Consultant shall conduct field inspections on a daily basis throughout the duration of construction. In accordance to the agreement approved by Resolution No. 2009-27161, Consultant shall provide a supplemental hours for the full time Senior Construction Inspector for a total of forty (40) hours per week and a supplemental inspector for a total twenty hours (20) hours per week for a project duration of fourteen (14) months. These Consultant services are limited to not more than fourteen (14) months (426 calendar days) in duration. The Consultant shall be present at the construction site daily during the construction phase of the project and will be expected to be available as needed, throughout the Contractor's 8-hour work day, 40-hour work week, excluding weekends and City holidays. Any work outside the specified work period will be invoiced to the City on a time and materials basis per the rates in Schedule C. The Consultant's on-site typical workday shall begin at or about 8:00 AM and end at or about 5:00 PM for a total of 8 hours per day or 40 hours per week. Scope does not account for working on City holidays, weekends, nor more than 40-hours per week. Field inspections shall be provided jointly by the City and the Consultant. To supplement those services provided by the Consultant, the City will provide one (1) part-time construction inspectors for the duration of the Project. The role of the City's construction inspectors shall be limited. The Consultant shall be present at the construction site daily during the construction phase of the Project and will be expected to be available, as needed, throughout the Contractor's work day. (b) Adherence to Construction Documents: The Consultant shall review materials and workmanship of the projects and report to the City any deviations from the Construction Documents that may come to the Consultant's attention. Consultant shall determine the acceptability of the work and materials and make recommendations to the City to reject items not meeting the requirements of the Construction Documents. (c) Daily Reports: The Consultant will prepare daily reports, on the same date as construction occurs, to record the dally performance of the Contractor as well as other significant construction related matters. Daily reports shall be uploaded to the City's E-Builder document management system by the Consultant. At the end of each week, the Consultant will forward thA original daily reports to the City for review. The Consultant will maintain and file paper copies of the daily reports onsite for reference. The daily reports shall include records of when the Contractor is on the job-site, detailed field observations that will provide unit quantities fo materials installed and/or removed from site, weather conditions, change orders, changed conditions, list of job site visitors, daily drilling and testing activities, testing results, testing observations, and records of the outcome of tests and inspections. At a minimum the daily reports will contain the following information: 204 2 of 6 3/29/2013 • • Weather and general site conditions Contractor's work force counts by category and hours worked Description of Work performed including location Equipment utilized Names of visitors to the jobsite and reason for the visit Tests made and results Construction difficulties encountered and remedial measures taken Significant delays encountered and apparent reasons why Description of (potential) disputes between the Contractor and City Description of (potential) disputes between the Contractor and residents Summary of additional directions that may have been given to the Contractor Detailed record of materials, equipment and labor used in connection with extra work, or where there is reason to suspect that a claim or request for Change Order may be submitted by the Contractor Summary of any substantive discussions held with the Contractor and/or City Summary of nonconforming work referenced to corresponding Non-Compliance Notice A log of photographs taken (d) Equipment Tests and Systems Start-up: Consultant shall be responsible for coordinating various tests for quality control on the projects; verifying that equipment tests and systems start-up are conducted in the presence of appropriate personnel; and that the Contractor is maintaining adequate records thereof. Consultant shall observe, record, and report appropriate details relative to the test procedures and startup. (e) Photographic Record: Consultant shall provide a photographic record of the overall progress of construction, beginning with preconstruction documentation, following with on- going construction documentation, and ending with post-construction documentation. Photographs shall be digital snapshot type taken to define the progress of the project and shall be filed electronically by month in the City's E-Builder™ document management system, labeled by date, time and location. The Consultant will upload all photos to the E- Builder™ document management system on a weekly basis. (f) Workmanship: Review materials and workmanship of the Project and report to CITY any deviations from the contract documents that may come to the CONSULTANT's attention. Determine the acceptability of the Work and materials and make recommendation to the CITY to reject items not meeting the requirements of the contract documents. (g) Delivery of Unaccepted Materials to Jobsite: As new materials are delivered to the jobsite, the Consultant will check the material's certifications and samples and verify that an approved shop drawing was submitted for the material in question. If it is determined that a submittal has not been approved, the Consultant shall immediately notify the City and issue a Non-Compliance Notice. The Consultant will direct and supervise the sampling and testing of materials to be performed by the City's independent testing laboratory. The Consultant shall mtJintoin test report logs which shall be submitted to thA City for review on a monthly basis and uploaded to the City's E-Builder™ document management system on a weekly basis. Consultant shall also review invoices submitted by the independent testing laboratories and confirm tasks and test reports and invoices prior to recommendation for payment by the City. (h) Construction Process: Field observe critical points in the construction process. 205 3 of 6 3/29/2013 (i) Testing: Direct and supervise the sampling and testing of materials to be performed by independent testing laboratories under subcontract to the CITY. This task includes the receipt, review and processing of invoices from the independent testing laboratories for payment by the CITY. (j) Pay Requisitions: Consultant shall verify Contractor's pay requisition quantities and sign-off on all pay requisition quantities in the field. Consultant shall be responsible for reviewing with the Contractor the monthly payment requisition to confirm the status of completed and uncompleted work and stored materials. The Consultant shall advise the City of quantities being approved for subsequent concurrence for payment purposes. Payment Requisitions shall only be approved by the City. (k) Record Drawings: Consultant will monitor that record drawing mark-ups are properly maintained by the Contractor. At a minimum, the Consultant will review the record drawing mark-ups once a month, or more often, as deemed necessary. Contractor's failure to maintain the record drawings in up-to-date condition may be deemed grounds for withholding Contractor's monthly payment requisitions until such time as the record drawings are brought up-to-date. The Consultant will notify the City if it considers the mark- up documents insufficient. The City will make final determination of payment withholding. (I) Issuance of Non-compliance Notices: The Consultant will be responsible for notifying the City when they become aware of a condition that is believed to be in non-compliance with Construction Documents. Anytime the Consultant notices a potential construction problem or a condition that could result in noncomplying materials, equipment or workmanship, the Consultant will need to determine whether the condition poses an immediate threat to public health or safety. If a condition does not pose a threat to public health or safety, immediate verbal notification or "Pre-Noncompliance Notice" of the potential noncompliance should be made to the Contractor and the City. This verbal notice shall be documented in the Consultant's daily report and shaH advise the Contractor of potential construction problems, errors, or deficiencies that can be promptly resolved and do not warrant a Non-compliance Notice. If the Contractor fails to respond to the verbal notification within a reasonable timeframe, the Consultant will notify the City and the City's Projects Coordinator will issue a Non-compliance Notice. If a condition poses an immediate threat to public health or safety, the Consultant will notify the Contractor and City immediately and the City's Projects Coordinator will issue a Non-compliance Notice to the Contractor. Non-compliance Notices will include a description of the Work that does not meet the construction contract requirements, along with a required timetable for corrective work to be implemented by the Contractor. Other items that should be included in the Notice include a reference to the provision of the Construction Documents that has been violated. (m)Value Engineering Meetings: The Consultant will be expected to attend, participate, and provide cost estimating information at Value Engineering meetings with between the City and the Contractor for the Project. (n) Resident's Information Meetings: The Consultant will be expected to attend, address residents' concerns, participate, produce meeting minutes, and take a lead role in Resident Information Meetings with the City for the Project. 206 4 of 6 3/29/2013 (o) Specialty Design Consultant Site Visits: The Consultant will monitor the number of specialty site visits requested by the Contractor or City and conducted by the Engineer of Record (EOR). When it becomes evident that a specialty site visit from the EOR will be required, the Consultant will notify the EOR to discuss and schedule a mutually acceptable time for meeting at the construction site. (p) Damage to Existing Facilities: The Consultant will identify any existing facilities damaged by the Contractor and verify that the Contractor has notified the respective owner(s). Include record of such occurrences in the daily reports. (q) Safety: Consultants will be expected to recognize a hazard that any reasonable non-safety professional might be expected to recognize. In addition, those safety obligations extend only to recognizable hazards that the Consultant may note while in the normal conduct of onsite business. If a situation presents itself, the following procedures should be followed: • • • • • • Immediately direct personnel to remove themselves from the apparent danger, Notify the Contractor's superintendent of the apparent condition that caused the concern and that the affected personnel were directed to remove themselves accordingly, Notify the Contractor of the situation that arises concern, both in writing and verbally, Issue a written Notice of Noncompliance stating that the Contractor should take immediate action as it deems necessary to correct the deficiency I condition. Take photographs of the concern, If the Contractor does not make corrections, the Consultant should notify the City, The Consultant will review the situation with the City for further direction, The condition, as well as all conversations and correspondence, will be recorded in the Consultant's Daily Report. In the case of a construction-related accident, Consultant will notify the City of the accident. Consultant will direct the Contractor to prepare an accident report with a copy forwarded to the City. (r) Quality Control: The Consultant will review and monitor the Contractor's adherence to an acceptable quality control program submitted by the Contractor prior to the issuance of the second Notice-to-Proceed by the City. This program will describe the Contactor's quality control, organizational procedures, documentation controls and processes for each phase of the work. Quality control during construction will be the responsibility of the Contractor; however, oversight and ensuring the Contractor complies with applicable jurisdictional construction standards will be enforced on the City's behalf by the Consultant. (s} Proceeding with Disputed Work: In the event that an agreement cannot be reached on a Change Order, the Contractor must carry on the work and adhere to the project schedule in accordance with the construction contract general conditions. The Consultant will log all forced work efforts related to disputed change order on a Forced Work Daily Log Reports which will be signed and dated by the Consultant and the Contractor's representative at the completion of each workday. The Consultant will forward copies of this form to the City for record purposes. (t} Maintenance of Traffic (MOT): The Contractor shall provide the Consultant and the City with approved copies of its MOT at the Pre-Construction Meeting for general information purposes. It will be the Consultant's responsibility to verify compliance with the MOT in the field. 207 5 of 6 3/29/2013 (u) Contractor Request for Services: When the Contractor requires services from the City for issues such as water main shutdowns, tie-ins to existing water mains, special regulatory inspections, etc., a request shall be made in writing by the Contractor, and forwarded by the Consultant to the City, a minimum of three working days prior to when required. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless memorialized in written document approval and executed with the same formality and of equal dignity herewith. 208 6 of 6 3/29/2013 SCHEUDLE B CONSULT ANT COMPENSATION Supplemental Construction Administration and Resident Project Representative Services* $349,957.00 Note*: The Supplemental Construction Administration and Resident Project Representative Services shall be invoiced in fifteen (15) equal amounts of $23,330.47, for a duration of fifteen (15) consecutive months. In the event that Supplemental Construction Administration or Resident Project Representative services are required to be extended additional fees will be negotiated prior to proceeding with additional services. 209 Schedule "8~2" (attached) 210 SCHEUDLE 8 CONSULTANT COMPENSATION Supplemental Construction Administration and Resident Project Representative Services* $349,957.00 Note*: The Supplemental Construction Administration and Resident Project Representative Services shall be invoiced in fifteen (15) equal amounts of $23,330.47, for a duration of fifteen (15) consecutive months. In the event that Supplemental Construction Administration or Resident Project Representative services are required to be extended additional fees will be negotiated prior to proceeding with additional services. 211 ~cfwnbk,-~hi,kin -t-& cifHociatu, !lnc. MarkS. Johnson, P.S.M Ronald A. Fritz, P.S.M. Michael J. Alley, P.S.M. land Surveyors-Engineers -land Planners 3240 Corporate Way • Miramar, Florida 33025 Phone: (954) 435-7010 • Fax: (954) 438-3288 Alfonso C. Teilo, P.E, P S M Hernando J. Navas, P.E. Luis F. Leon, P E. Alberto A. Mora, P E. John C. Tello, P.E ,.,_,. t":,.~.) -·· C....:.) July 03, 2012-Revised: Apri/24, 2013 ;:·;::.-f;-' ~-o 'l ?:J Mr. Roberto Rodriguez City of Miami Beach Capital Improvement Projects Office 1701 Metidian Avenue, Suite 300 Miami Beach, Florida 33139 N _.:- -o :...:. -r:-? N U1 Re: Venetian Island Neighborhood 13 BID Package "C"-Additional Resident Project Representative and Construction Administration Services Dear Roberto, As requested, please accept the following proposal for additional Resident Project Representative (RPR) and Construction Administration Services for the Venetian Islands Infrastructure Improvements project. We have reviewed our previous contract with the City of Miami Beach and find that we can mutually benefit the City and its residents by utilizing our services to streamline the construction process needed to maintain the aggressive construction schedule for this project. In addition, we believe it is critical to the project that the city retains our additional services as RPR in consideration of our extensive knowledge of all aspects of the project. The following proposal modifies our current contract with the City to provide limited Construction Administration and Resident Project Representative Services for the referenced project. SCOPE OF SERVICES: Our understanding of the scope of work for this project is to provide Resident Project Representative and Construction Administration services that shall include all tasks previously included under the original contract with the exception that the following proposal is provided to include at least one full time Senior Construction Inspector and a supplemental Construction Inspector for an additional 6 hours per week for the duration of the project (14 months). Our scope will also include additional services required to respond to all requested changes in construction cost and/or schedules, requests for additional information and contract document clarification. We have no reason to believe at this time that the project duration will extend beyond the established consttuction duration. However, should additional Resident Project Representative and Construction Administration Services be required through nn fPml! of our own our additional fees will be negotiated prior to proceeding with additional services. Our fee for this work will be Three Hundred Fortv-Nine Thousand Nine Hum/red Fiftv Seven Dollars ($349,957.00). k:' 325342'-vi-sm-di-ra .documents·outgoing'-robetto rodriguez-ven•'l ion i'l'liHJs additional o,crviccs rpr rev4.doc 212 (') rn --~:: rn c~ Mr. Roberto Rodriguez April 24, 2013 Page 2 of 3 CLOSURE: Lump Sum Fee-Lump Sum Fees are fixed for a period of three months from the date of this proposal. If the work has not been initiated on any lump sum item within the three month period, Consultant reserves the right to terminate or renegotiate this agreement as it relates to said item. All Lump Sum fees are based upon services being performed during regular business hours. Any services requested by the client to be perfom1ed outside of regular business hours will carry a surcharge of0.50 times the hourly rate of the employee(s) performing said service. Invoicing and Payment-Work will be invoiced monthly based upon a proration of work completed to date, with payment expected upon receipt of the invoice by the client. If payment is not received within 30 days of the invoice date, a late charge may be added to the invoice in an amount not to exceed 1% per month on the outstanding balance. If payment is not received within 45 days ofthe invoice date, Schwebke-Shiskin & Associates, Inc., may suspend or terminate this agreement until payments have been made in full. If Schwebke-Shiskin & Associates, Inc., commences legal proceedings to collect any monies due under this agreement, then the Client agrees to pay any costs or attorneys fees incurred by Schwebke-Shiskin & Associates, Inc., in connection with such legal proceedings, including such as are incurred in any appellate proceedings. Reproduction and Outside Service Fees -Unless otherwise specified, the above service fees do not include the cost of printing, postage, copies, long distance phone calls, facsimiles or reproductions, nor do they include the cost for outside services by others. These fees are separate charges and will be invoiced to you as direct charges, plus a 10% carrying charge for outside services. Deliveries & Special Handling -Federal Express handling and special orders will be invoiced to the Client as direct charges, plus a 1 0% carrying charge. Hand deliveries requested by the Client and performed by Schwebke-Shiskin & Associates, Inc., will be invoiced at a rate of $25 per hour. Limitations of Construction Responsibilities of Schwebke-Shiskin & Associates, Inc. The Owner/Developer and Schwebke-Shiskin & Associates, Inc. agree that: 1) Schwebke-Shiskin & Associates, Inc. sole responsibilities to the Owner/Developer are set forth in the SCOPE OF SERVICE section of this agreement and the SCOPE OF SERVICE section may not be modified except in writing and signed by an authorized representative of Schwebke- Shiskin & Associates, Inc. 2) Schwebke-Sh:iskin & Associates, Inc. shall not be responsible for the means, methods or techniques of construction utilized by any general contractor or subcontractors or independent contractors on the Project, since Schwebke-Shiskin & Associates, Inc. has no right to control the general contractor, snhcnntrFJctors or independent contractors in the performance of their work. Schwebke-Shiskin & Associates, Inc. also shall not be responsible for establishing or monitoring safety precautions and procedures for the Project or the failure of the general contractor, subcontractors or independent contractors to carry out their work in accordance with their contract documents or any applicable building codes or governmental requirements. 3) Schwebke-Shiskin & Associates, Inc. has no duty to supervise the day to day construction work of the general contractor, subcontractors or independent contractors and assume no responsibility k:\325342\vi-sm·di-ra .documents'outgointrobetto rodriguez-ven,21 'j nds additional services rpr rev4.doc Mr. Roberto Rodriguez April 24, 2013 Page 3 of3 for any negligent acts or omissions of the general contractor, subcontractors or independent contractors. Project Termination-Should at any time during the project the Client find it necessary to discontinue the services described above, or if the parties mutually decide to terminate this a&rreement, the Client will compensate Schwebke-Shiskin & Associates, Inc., on an hourly basis for the percentage of work completed plus reimbursable expenses. I would like to thank you for giving us the opportunity to offer you this proposal. If this proposal is acceptable to you, please execute the original and return it to our office, so we can proceed with the work. Respectfully submitted, c§cfz.webke-ShiJzln & c::lf!uwdale!., ffna. Accepted For: City of Miami Beach Accepted By: (Signature) (Title) (Print Name) (Date) k:\325342\vi-sm-di-ra'.documents\outgoing\robetto rodtiguez-vene 21 4tds additional setviccs rpr rev4.doc N ~ CJ1 SCHEDULE B CITY OF MIAMI BEACH VENETIAN ISLANDS BID PACKAGE 13C-ADDITIONAL RESIDENT PROJECT REPRESENTATIVE AND CONSTRUCTION ADMINISTRATION SERVICES CONSULTANT'S COMPENSATION FEE SCHEDULE C:\UserslcapirodMppDatallocai\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5W4DLBHS\Schedule B Compensation Fee Schedule BP-13C-ADD1 Rev3 1 of 1 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO.2 TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND SCHWEBKE-SHISKIN & ASSOCIATES, INC. FOR ADDITIONAL RESIDENT PROJECT REPRESENTATIVE AND SUPPLEMENTAL CONSTRUCTION ADMINISTRATION SERVICES, FOR THE VENETIAN ISLANDS BID PACKAGE 13C RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT; SAID AMENDMENT IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $349,957; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE CAPITAL BUDGET FROM THE FOLLOWING FUNDS: $181,492 FROM FUND 384 -2003 GO BONDS - NEIGHBORHOOD IMPROVEMENTS; $100,491 FROM FUND 427 - STORMWATER ENTERPRISE FUND; AND $67,974 FROM FUND 420 - W&S GBL SERIES 2010. WHEREAS, on September 9, 2009, the City Commission approving (the Agreement) pursuant to Request for Qualifications (RFQ) No. 42-08/09 and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Schwebke-Shiskin & Associates, Inc. (SS&A) to provide professional services for the design, bid, award, and construction administration of the Venetian Islands Bid Package 13c, Right-Of-Way Neighborhood Improvement Project (the Project); and WHEREAS, the original Agreement estimated one Resident Project Representative (RPR) for a period of 18 hours per week for the duration of the Project; and WHEREAS, due to the size and complexity of the Project, the City has determined that supplemental RPR services will be required; and WHEREAS, Amendment No. 2 to the Agreement, in the amount of $349,957, will provide additional on-site RPR services to monitor the construction and supplemental construction administration services for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida, hereby authorize the Mayor and City Clerk to execute Amendment 2. to the Professional Services Agreement for Schwebke-Shiskin & Associates, Inc. for and Additional Resident Project Representative and supplemental Construction Administration services, for the Venetian Islands Bid Package 13C Right-Of-Way Neighborhood Improvement Project; said amendment in the negotiated not to exceed amount of $349,957; with previously appropriated funding in the Capital Budget from the following funds: $181,492 from fund 384-2003 GO bonds-neighborhood improvements; $100,491 from fund 427 -Stormwater Enterprise Fund; and $67,974 from Fund 420 -W&S GBL Series 2010. PASSED AND ADOPTED THIS ___ DAY OF ____ 2013. ATTEST: CITY CLERK MAYOR / T:\AGEI'>!OA\2013·iv1ay 8'VENETIAI'-J ISLANDS•Venotian lsi2163S & A !vr:en(Jment 2 G..s , 'o ._/ ..... ,.:;_-±-"'-1-~~ THIS PAGE INTENTIONALLY LEFT BLANK 217 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Adopting Administrative Guidelines For Utility Billing Deposits, Shut-Offs And Payment Plans As Recommended By The Finance And Citywide Projects Committee. Ke Intended Outcome Su orted: Increase community satisfaction with City Government. lace to live. Item Summary/Recommendation: The Administration recommends that the City Commission approve the item. At the October 24, 2012 City of Miami Beach Commission (City Commission) meeting, two discussion items regarding customer deposits and the implementation of rules and regulations for utility accounts were referred to the Finance and Citywide Projects Committee (F&CWPC) for discussion. The City Commission, at their December 12, 2012 meeting, additionally referred an item regarding shut-off procedures for delinquent accounts. Administration has surveyed neighboring communities and utility companies for a comparison of deposit practices and policies. This analysis was brought forth to the F&CWP Committee for review. That F&CWPC, at their January 24, 2013 meeting, heard a discussion item regarding utility deposits, shutoffs and payment plans. The Committee recommends holding a two month deposit on residential homes and condominiums and maintaining a three month deposit on commercial and apartment building accounts. The Committee further recommended the City pay interest on customer deposits at the annual interest rate earned by the City. The Committee additionally recommended crediting customer deposits for residential homes and condominiums after 24 months of timely payments. The F&CWPC also recommended establishing a new practice of extending payment extensions to customers requesting an additional two weeks to pay their utility accounts in an effort to avoid a service disconnection and bring their account back into current status. The F&CWPC also recommended establishing guidelines for payment agreements: Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Patricia D. Walker, ext. 6461 n-Offs: Department Dir, Chief Finane· City Manager GPE JLM T:\AGENDA\2013\May 8\fTB -Administrative Guidelines Sum.doc MIAMI BEACH G7F 218 & MIAMI BEACH City of Miami Beach, 1700 Conventior; Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING ADMINISTRATIVE GUIDELINES FOR UTILITY BILLING DEPOSITS, SHUT-OFFS AND PAYMENT PLANS AS RECOMMENDED BY THE FINANCE AND CITYWIDE PROJECTS COMMITTEE. ADMINISTRATION RECOMMENDA liON The Administration recommends that the City Commission adopt the resolution. BACKGROUND At the October 24, 2012 City of Miami Beach Commission (City Commission) meeting, two discussion items regarding customer deposits and the implementation of rules and regulations for utility accounts were referred to the Finance and Citywide Projects Committee (F&CWPC) for discussion. Both referrals requested staff review current procedures for deposits and explore deposit policies used by other entities such as Miami-Dade County Water and Sewer. The City Commission, at their December 12, 2012 meeting, additionally referred an item to the F&CWPC regarding shut-off procedures for delinquent accounts. The F&CWPC, at their January 24, 2013 meeting, heard a discussion item regarding utility deposits, shutoffs and payment plans. The City Commission, at their March 13, 2013 meeting, approved the minutes from the January 24, 2013 F&CWPC meeting. The F&CWPC and City Commission, over the course of the last few years, have endorsed various initiatives to assist residents and businesses with their utility accounts. Some of these initiatives included: 1. Condominium Association Assistance Program: provided for payment arrangements to those associations that are currently past due on their utility bills and can document that at least 15% of their units are in foreclosure. 2. Utility Bill Due Dates: increased the days allowed for payment of a utility bill from 15 to 21 days, to be consistent with other utility companies. 219 City Commission Memorandum -UTB -Administrative Guidelines MayB, 2013 Page 2 of6 3. Utility Bill Late Penalties: removed the one-time 10% penalty on the current portion of a utility bill and adopted a recurring monthly charge of 1.5% on any portion of the account balance that is past due. ANALYSIS Similar to the steps taken for the aforementioned mentioned initiatives, at their January 24, 2013 meeting, the F&CWPC unanimously recommended several modifications to the Administrative guidelines for utility billing deposits, payment plans and shut-offs. Listed below for your review is a summary of the current and proposed utility billing deposit, payment plan and disconnection rules and practices. Attached as "Exhibit A" is a detailed outline of the City's current procedures for collections and disconnections of service after an account enters into an in-arrears state. A. Deposit Policy Current Utility Deposit Policy Currently, the City Code reserves the City's right to require a deposit of up to four times the amount of any previous monthly bill. The City's current practice is to request a deposit equivalent to the three months of average service. Per the City Code, this deposit is held until such time as the account holder requests services are discontinued. At this point, the guarantee of payment deposit shall be refunded less outstanding charges for service. Administration has surveyed neighboring communities and utility companies for a comparison of deposit practices and policies. This analysis was brought forth to the F&CWP Committee for review. Proposed Utility Deposit Policy The Committee recommended holding a two month deposit on residential homes and condominiums and maintaining a three month deposit on commercial and apartment building accounts. The Committee further recommended the City pay interest on customer deposits at the annual interest rate earned by the City. The Committee additionally recommended crediting customer deposits for residential homes and condominiums after 24 months of timely payments. 1 T'iQe of Uti lit' Current l-~~count_. Deposit Amount~-I Residential Three Months and of Average ! Condominium Service I 1 Commercial Three Months 1 and Apartment of Average ~ Buildings Service --~~----~~-·--~~ Proposed Utility Billing Deposits Policy Prouosed c-· Current Prouosed Current Deposit Interest Paid Interest Paid Deposit Refun t-· Amount On Deposits on Deposits Poli~ Two Months City Interest Credited to of Average N/A Rate Earned, account when Service Credited account is Annual! closed -~~ONO Three City Intere-st Credited to Months N/A Rate Earned, account when of Average Credited account is Service -· Annually closed " 220 Proposed d Deposit Refund Polic -+-~C-re-:-:cdited to account after 24 months of timely payments Creditedto account when account is closed City Commission Memorandum-UTB -Administrative Guidelines May8, 2013 Page 3 of 6 B. Payment Plan and Disconnection Policy Current Payment Plan and Disconnection Policy The City reviews utility billing accounts on a monthly basis per an average 30 day cycle. Bills are generated and mailed within one week after the read date. This is done after service orders are created for re-reads for extraordinary high or low reads. Utility customers are billed on a monthly basis and have twenty-one (21) days to make payment for a utility invoice. Customers currently have several options available for making their monthly payments. These options include payments via: • On-line via the City's web portal; • Through the City's lock-box with their bills enclosed envelope; • In person at the City's cashier's window; and, • Via "Auto-Pay," an automatic ACH or credit/debit card charge. Payment arrangements are offered to customers that cannot make full payments on their utility accounts in an effort to avoid service interruption and bring the account back into current status. Plans are offered to all types of accounts: residential, commercial, apartments and condominiums. Payment plans require that the customer make a payment on a go-forward basis of their entire current portion of their bill, plus an additional payment to bring down the balance that is in arrears. The traditional payment arrangement is paid within a three-month period. There have been instances where a plan has been extended beyond the three months, due to extenuating circumstances. Proposed Payment Plan and Disconnection Policy The F&CWPC recommended establishing a new practice of extending payment extensions to customers requesting an additional two weeks to pay their utility accounts in an effort to avoid a service disconnection and bring their account back into current status. Payment Extensions ··-Extensions Initial Pavment Due Final Pavment Due 1st Two-Week Extension $0.00 initially Total Balance Due at end 2na Week 2na Two-Week Extension ·----50% of Outstanding Total Balance Due at end Balance 2nd Week --· The Committee recommended implementing the above-mentioned payment extensions under the following conditions: • If a payment extension is entered into, current bills must be paid by due date. • NSF/Returned Items: not eligible for payment extensions. • If payment extension is broken, no further extensions offered. 221 City Commission Memorandum-UTB -Administrative Guidelines May 8, 2013 Page 4 of6 The F&CWPC also recommended establishing the following guidelines for payment agreements: Payment Agreements - Description Amount Due 1 First Shut-Off 30% balance due for reconnection, 35% balance due month two, and 35% I balance due month three. 2nd Shut-Off 50% _bai.?_!1Ce due for reco~nection, 50% b_?lance due next billing f--·-·-·-·-- 3rd Shut-Off 75% balance due for reconnection, 25% balance due next billing due date. due date. ·- 4th Shut-Off Apply Deposit, 100% balance due for reconnection. Three-mont h deposit due, billed over three months. L-........ The Committee recommended implementing the referenced payment agreements under the following conditions: • If a payment agreement is entered into, current bills must be paid by due date. • NSF/Returned Items: not eligible for payment agreements. • If payment extension is broken, no further agreements offered. CONCLUSION The Administration recommends that the City Commission adopt the proposed resolution as recommended by the F&CWP. JLM/PDW/GPE/MM TIAGENDA\2013\May 8\UTB-Administrative Guidelines 222 City Commission Memorandum-UTB -Administrative Guidelines MayB, 2013 Page 5 of 6 Exhibit A Utility Billing Procedures for Collections and Disconnections of Service City of Miami Beach Current Utility Billing Collection Process Utility Account Type DescriQtion Residential Commercial Aj2artments Condominiums Cycle 30 days 30 days 30 days 30 days Due Date 21 days 21 days 21 days 21 days Penalty 1.5% on past due 1.5% on past due 1.5% on past due 1.5% on past due balance balance balance balance Late Notice 22 days 22 days 22 days 22 days 3 Day Notice N/A N/A Yes Yes Auto-Call -48 HR before 24 HR to make 24 HR to make 24 HR to make 24 HR to make service disconnection payment payment payment payment • If a bill is not paid a within twenty-one (21) days, a 1. 5% penalty is added to the past due balance on the account and a courtesy "Late Notice" is generated and sent to the customer. The account is then "Past Due" which allows for an additional seven (7) days to pay otheiWise service will be subject to disconnection. • If the past due balances are still not paid and no payment arrangement has been made: o Residential/Commercial service is disconnected for all water monies owed. This includes all past due funds with any additional billings that have been generated (current billing). o Apartments and Condominiums receive a three day notice placed on the premises by Public Works for all monies owed. This includes all past due funds with any additional billings that have been generated (current billing). • If no payments are made and no calls have been received to make payment arrangements, service is scheduled to be disconnected. • Once the account is scheduled to be disconnected, the customer will receive a phone call (placed to the account's main contact number) before the scheduled disconnection. The phone call outlines the date the account is scheduled to be disconnected (48 hours) and the process as to how to resolve the issue. The phone call also includes the final day/time payment can be received (24 hours) to prevent the disconnection order from being executed. • Service disconnections are performed on Tuesday, Wednesday, and Thursday, based on staff availability, as well as, respect to holidays. 223 City Commission Memorandum-UTB -Administrative Guidelines May8, 2013 Page 6 of6 • If the utility account is paid, or a payment arrangement is made, on the day of the service disconnection, the account will be reconnected the same day if the payment/arrangement is made before 3pm. A $40 disconnect/reconnect charged is billed to the customer. • If the utility account is paid, or a payment arrangement is made, on the day of the service disconnection, after 3:00 PM, the service will be reconnected the next business day. • If customer wants service reconnected after normal working hours, the Public Works Department is contacted in order to verify there are available personnel to reinstall service. If staff is available for an afterhours turn-on, a $50 afterhours charge is billed to the customer. • For those customers that have had their utility service disconnected and no payment has been made, a service order is created to verify that the service is still off and no tampering/illegal use has occurred. If an illegal connection has been made, the Public Works Department will remove the meter and a Lien letter is sent to the customer. A $100 tampering/illegal use fee is charged to the account. For a second offense a $200 fee is imposed and $300 fee for a third violation. • If the service has been disconnected and no payment arrangements have been made, a thirty (30) day "Lien Letter" is sent to the property owner. If after thirty (30) days no response or payment is made, the Lien is then sent to Miami-Dade County to be officially recorded. 224 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING REVISED ADMINISTRATIVE GUIDELINES FOR UTILITY BILLING DEPOSITS, SHUT-OFFS, AND PAYMENT PLANS AS RECOMMENDED BY THE FINANCE AND CITYWIDE PROJECTS COMMITTEE. WHEREAS, the Miami Beach City Commission, at its October 24, 2012 meeting, referred two discussion items regarding customer deposits and the implementation of rules and regulations for utility accounts to the Finance and Citywide Projects Committee (F&CWPC) for discussion; and WHEREAS, both referrals requested staff review current procedures for deposits and explore deposit policies used by other entities such as Miami-Dade County Water and Sewer; and WHEREAS, the City Commission, at its December 12, 2012 meeting, additionally referred an item to the F&CWPC regarding shut-off procedures for delinquent accounts; and WHEREAS, City Administration has surveyed neighboring communities and utility companies for a comparison of utility billing deposit, shut-off, and payment plan practices and policies and has brought forth this analysis to the F&CWPC for review; and WHEREAS, the F&CWPC, at its January 24, 2013 meeting, unanimously recommended several modifications to the Administrative Guidelines for utility billing deposits, payment plans and shut-offs; and WHEREAS, the F&CWPC recommends holding a two month deposit on residential homes and condominiums and maintaining a three month deposit on commercial and apartment building accounts; and WHEREAS, the F&CWPC further recommends that the City pay interest on customer deposits at the annual interest rate earned by the City; and WHEREAS, the F&CWPC additionally recommends crediting customer deposits for residential homes and condominiums after 24 months of timely payments; and WHEREAS, in addition, the F&CWPC recommends establishing a new practice of extending payment extensions to customers requesting an additional two weeks to pay their utility accounts in an effort to avoid a service disconnection and bring their account back into current status; and WHEREAS, the F&CWPC also recommends establishing fixed guidelines for payment agreements for shut-off utility accounts; and WHEREAS, the revised Administrative Guidelines recommended by the F&CWPC, and as more fully set forth in the Commission Memorandum accompanying this Resolution and in Exhibit A hereto, are approved by the City Commission. 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 adopt the Administrative Guidelines for utility billing deposits, shut-offs, and payment plans 225 as recommended by the Finance and Citywide Projects Committee and as more fully set forth in the Commission Memorandum accompanying this Resolution and in Exhibit A hereto. PASSED AND ADOPTED this 81h day of May, 2013. ATTEST: Rafael Granado, City Clerk T:\AGENDA\2013\May 8\UTB Administrtative Guidelines Reso.doc 226 Matti Herrera Bower, Mayor APPROVED AS TO FORM & LANGUAGE &FOR CUTION Exhibit A Revised Administrative Guidelines Utility Billing Deposits Policy Type of Current Proposed Current Proposed Current Proposed Utility Deposit Deposit Interest Interest Deposit Deposit Account Amount Amount Paid Paid Refund Refund On on Policy Policy Deposits Deposits R esidential Three Two City Credited to Credited to and Months Months N/A Interest account account after c ondominium of of Rate when 24 months of Average Average Earned, account is timely Service Service Credited closed payments ---~ Annually c om mercia I Three Three City Credited to Credited to and Months Months N/A Interest account account when Apartment of of Rate when account is Buildings Average Average Earned, account is closed Service Service Credited closed Annually Payment Plan and Disconnection Policy Payment Extensions Extensions Initial Pavment Due Final Pavment Due 1st Two~Week Extension $0.00 initially Total Balance Due at end ~wo~Week Extension 2nd Week 50% of Outstanding Total Balance Due at end Balance 2nd Week Payment Agreements ,. .. Descriotion Amount Due First Shut-Off 30% balance due for reconnection, 35% balance due month two, and 35% balance due month three. ,--;--· 2nd Shut-Off 50% balance due for reconnection, 50% balance due next billing due date. 3rd Shut-Off 75% balance due for reconnection, 25% balance due next billing due date. 41n Shut-Off Apply Deposit, 100% balance due for reconnection. Three-month deposit due, -· billed over three months. 227 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving The Purchase Of Eight (8) Budgeted Replacement Vehicles, In The Amount Of $191 ,681.26, Utilizing Florida State Contract Number 071-000-13-1. Ke_y Intended Outcome Supported: Increase visibility of Police; Maintain crime rates at or below national trends; Ensure well-maintained facilities; and Maintain City's infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): The eight vehicles being replaced have exceeded their life expectancy and currently average 3.5 years, or 73% beyond originally projected replacement date, with maintenance and repair expenses to date averaging 70%, of vehicle original acquisition cost. Item Summary/Recommendation: The Fleet Management Division ("Fleet Management") provides vehicles and equipment for all City of Miami Beach departments and divisions. In coordination with the various departments, Fleet Management develops a list of replacement vehicles and equipment which is submitted to the Commission for funding during the City's budget process each fiscal year. Replacement considerations are based on a combination of factors that include age, condition, maintenance/repair/collision expenses, and operating environment. The list of replacement vehicles and equipment, as well as any new vehicles and equipment submitted by a department as part of a service level enhancement initiative, are subject to approval by the City Commission during the annual budget process. Upon approval of funds, staff will pursue the purchase of vehicles through competitively awarded contracts by the State of Florida (State) or the Florida Sheriffs Association (FSA), depending on which provides the best cost to the City. The State, through its Department of Management Services, competitively awards a comprehensive vehicle contract yearly to be used by all agencies and political subdivisions of the State. The FSA also competitively awards a vehicle contract yearly, based on the requirements of law enforcement agencies state-wide, for use by law enforcement and political subdivisions in the State. Both the State and the FSA have staff dedicated to the complex tasks of developing specifications, aggregating volume from agencies across the state, competitively soliciting awards and managing contracts used by most public agencies in the State for the purchase of vehicles. Unlike the State and the FSA. the City does not have the internal expertise, staffing resources or buying power of these agencies. Nonetheless, through the use of these contracts, the City benefits from the expertise and staff resources of the State and the FSA and the leveraged buying power of public agencies across the State resulting in cost-effective vehicle purchases. For the vehicles referenced herein, staff has determined that the State Contract Number 071-000-13-1 is the more cost-effective option. Accordingly, this is a request for the City Commission to approve utilizing of the State Contract Number 071-000-13-1, a competitively awarded contract, for the purchase of those vehicles noted above as more cost-effective than prices in the FSA contract. THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND THE CITY COMMISSION APPROVE THE PURCHASE OF VEHICLES LISTED HEREIN THROUGH THE REFERENCED STATE CONTRACT. Financial Information· Source of Amount Funds: / 1 $78,050.40 v 2 $44,171.71 ,/' \~ r / 3 $69,459.15 ' \ OBPI Total $191,681.26 City Clerk's Off1ce Le •slatlve Trackmg: JJF/JCC Public Works, Ext. 3601 MIAMI BEACH Account Fleet Management FY 2012/13 Account No. 510-6173-000673 Property Management FY 2012/13 Account No. 520-1720-000673 Information Technology FY 2012/13 Account No. 440-0441-000673 JLM 228 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 Memb FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 SUBJECT: A RESOLUTION OF THE MAYOR A D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE PURCHASE OF EIGHT (8) BUDGETED REPLACEMENT VEHICLES, IN THE AMOUNT OF $191,681.26, UTILIZING FLORIDA STATE CONTRACT NUMBER 071-000-13-1. ADMINISTRATION RECOMMENDATION Approve the purchase. FUNDING Funding is available from the following sources: Fleet Management Fund, previously appropriated in FY 2012/13 Capital Budget (Account No. 51 0-6173-000673): Property Management FY 2012/13 Operating Budget (Account No. 520-1720-000673): Information Technology Department FY 2012/13 Operating Budget (Account No. 550-0640-000673): Total: BACKGROUND AND ANALYSIS $78,050.40 $44,171.71 $69.459.15 $191,681.26 The Fleet Management Division ("Fleet Management") provides vehicles and equipment for all City of Miami Beach departments and divisions. In coordination with the various departments, Fleet Management develops a list of replacement vehicles and equipment which is submitted to the Commission for funding during the City's budget process each fiscal year. Replacement considerations are based on a combination of factors that include age, condition, maintenance/repair/collision expenses, and operating environment. The list of replacement vehicles and equipment, as well as any new vehicles and equipment submitted by a department as part of a service level enhancement initiative, are subject to approval by the City Commission during the annual budget process. 229 Commission Memorandum~ May 8, 2013 Request for Approval of Vehicles from the Florida State Contract 071-000~13~1 Page2 Upon approval of funds, staff pursues the purchase of vehicles through competitively awarded contracts by the State of Florida (State) and the Florida Sheriffs Association (FSA). The State, through its Department of Management Services, competitively awards a comprehensive vehicle contract yearly to be used by all agencies and political subdivisions of the State. The FSA also competitively awards a vehicle contract yearly, based on the requirements of law enforcement agencies state-wide, for use by law enforcement and political subdivisions in the State. The FSA, founded in 1893 to promote effective law enforcement and public safety programs, is one of the largest law-enforcement associations in the nation. Both the State and the FSA have staff dedicated to the complex tasks of developing specifications, aggregating volume from agencies across the state, competitively soliciting awards and managing contracts used by most public agencies in the State for the purchase of vehicles. Unlike the State and the FSA, the City does not have the internal expertise, staffing resources or buying power of these agencies. Nonetheless, through the use of these contracts, the City benefits from the expertise and staff resources of the State and the FSA and the leveraged buying power of public agencies in the State resulting in cost-effective vehicle purchases. The table below demonstrates the pricing from the State Motor Vehicles Contract was more cost-effective than the pricing from the FSA contract. Florida Sheriffs Association State of Florida Description Qty. 12-20-0905 071-000-13~1 Price Total Price Total 2013 Ford Police Pf 3 $26,416.00 $79,248.00 $26,016.80 $78,050.40 Sedan P2M ··+--< ···--···-···· .. 2013 Ford F-250 Utility 1 $23,852.00 $23,852.00 $23,725.60 $23,725.60 Body 4WD 3/4 Ton ... ·-· .. ~ ......... "'''~ " -··~'-"''' ~~ 0' ',__, __ • ••ooo•H"•~••O < «<< ............. _ .......... ..... ,.._,., ...... ,.,4_ 2014 Ford F-250 Utility 1 $20,876.00 $20,876.00 $20,446.11 $20,446.11 Body 2WD 3/4 Ton ·-· ···········•4»•••·· •ooo>UO•~"''''""W4 < < «<«<<<<<<< .......... .., ~"-·~--····· ............... ........... I I ---- 2013 Ford Transit 3 $24,006.00 $72,018.00 $23,153.05 $69,459.15 Connect Cargo Van Total: 8 $195,994.00 $191,681.26 The eight vehicles being replaced have exceeded their life expectancy and currently average 3.5 years, or 73% beyond originally projected replacement date, with maintenance and repair expenses to date averaging 71%, of vehicle original acquisition cost (refer to table below). 230 Commission Memorandum· May 8, 2013 Request for Approval of Vehicles from the Florida State Contract 071-000-13-1 Page3 0 z ... c: ... Cll Q. §. ~ ·:; C" w Cll E I1S z '5. Cll c ~ ?;J Police ~ ;: Patrol ~ ?;l Police N ;: Patrol ~ ?;J Police N :: Patrol ~ ?;J Property '<~" ~ Mgt. ;g ~ Property ~ .-Mgt. ~ g IT ~ ~ Computers ~ g IT- ~ ~ Comm. ~ g IT- ...-~ Comm. CONCLUSION 2006 Ford 2007 Ford 2007 Ford 2005 Ford 2003 Ford 2003 Chevrolet 2001 Chevrolet 2001 Chevrolet Crown Vic Crown Vic Crown Vic F-250 F-250 Astro Astra Astro c 0 :;:; c.. 'i: 0 ID c Car- Full- Size Pursuit Car- Full- Size Pursuit Car- Full- Size Pursuit Truck 2WO 3/4 Ton Utility Body Truck 2WD 314 Ton Utility Body Van- Mini I Cargo Van- Mini I Cargo Van- Mini I Cargo 83,224 5 1.9 104,572 5 1.6 120,036 5 1.6 51,278 6 4.5 22,782 6 1.8 20,463 6 4.5 32,311 6 6.1 11,475 6 6.1 ...... t/) ~ 0 .;U c ... ·-c I1S Cll :e, Cll ·-...... 0 I1S 0 c<C 0~ ... I!? .e ·-·-I1S -'c.. &. $10,950 $40,801 $40,801 $8,444 $5,104 $6,892 $9,204 $7,196 $3,959 $8,045 $2,676 $1,429 $456 $1,015 $1,514 $364 ......""'" t/) ... 0 I1S u~ .;, .!: Cll 11S-:e .!::! ·~ ~> ~ ~ ,Cil :;:;z t/) ... w.E $4,284 $355 $4,440 $355 $1,383 $355 $702 $400 $557 $400 $1,111 $250 $3,256 $250 $225 $250 Based on the analysis of the need for vehicles by the various City Departments, the due diligence of staff, and pricing available through competitively awarded contracts established by the State and the FSA, it is recommended that the City Commission approve the purchase of eight (8) budgeted replacement vehicles, in the amount of $191,681.26, utilizing Florida State Contract Number 071- 000-13-1. JLM/MT/ETCIAD/JJF/JC T:\AGENDA\2013\May 8\Fieet-State Vehicle Purchases MEMO 2013-05-0B.doc 231 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE PURCHASE OF EIGHT (8) BUDGETED REPLACEMENT VEHICLES, IN THE AMOUNT OF $191,681.26, UTILIZING FLORIDA STATE CONTRACT NUMBER 071-000-13-1. WHEREAS, upon approval of funds, the City has historically pursued the purchase of vehicles through contracts that have been competitively awarded by the State of Florida (State) and the Florida Sheriffs Association (FSA); and WHEREAS, the State, through its Department of Management Services, competitively awards a comprehensive vehicle contract yearly to be used by all agencies and political subdivisions of the State; and WHEREAS, the FSA also competitively awards a vehicle contract yearly, based on the requirements of law enforcement agencies State-wide, for use by law enforcement and political subdivisions of the State; and WHEREAS, the City benefits from the expertise and staff resources of the State and the FSA and the leveraged buying power of public agencies in the State, resulting in cost- effective vehicle purchases; and WHEREAS, in some cases, the City has the opportunity to purchase a number of vehicles more cost effectively by utilizing the State Motor Vehicles contract versus utilizing the FSA contract; and WHEREAS, the pricing from the State Contract was more cost-effective than the pricing from the FSA contract. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the purchase of eight (8) budgeted replacement vehicles, in the amount of $191,681.26, utilizing Florida State Contract Number 071-000-13-1. PASSED AND ADOPTED this 8th day of May, 2013. ATTEST: Rafael Granado, City Clerk City Attorney Date T:\AGENDA\2013\May 8\Fieet-FSA Vehicle Purchases RESO 2013-05-0Mocx Matti Herrera Bower, Mayor APPROVED AS TO FORM & LANGUAGE &FOR CUTION 'l. \-~ ?>~"' \/ Data 232 THIS PAGE INTENTIONALLY LEFT BLANK 233 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Authorizing A Memorandum Of Agreement (MOA) Between The United States Coast Guard Base In Miami Beach And The City Of Miami Beach Fire Department (MBFD) For The Purpose Of Providing Fire Protection And Emergency Services To The Coast Guard Base, Located At 100 MacArthur Causeway, Miami Beach, And Any Moored Cutters And Small Boats. Key Intended Outcome Supported: N/A Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community Satisfaction Survey, the Miami Beach Fire Department received positive ratings from over nine out of ten residents (91%). Item Summary/Recommendation: The Miami Beach Fire Department is the closest Fire Department to the Coast Guard Base. The demand for services created by the Coast Guard Base is minimal as they provide proactive fire prevention and medical services within their facility. The provision of fire protection services to the Coast Guard Base is in the best interest of the City. Approval of a resolution authorizing the Memorandum of Agreement to provide fire and EMS services to the Coast Guard Base is recommended. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: islative Trackin Si n~Offs: Department Director Assistant City Manager lD MIAMIBEACH ,..,. 234 AGENDA ITEM (, 7H DATE ):f~/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov N MEMORANDUM TO: Mayor Matti Herrera Bower and M FROM: Jimmy Morales, City Manager DATE: May 8, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE UNITED STATES COAST GUARD BASE IN MIAMI BEACH AND THE CITY OF MIAMI BEACH FIRE DEPARTMENT (MBFD), FOR THE PURPOSE OF PROVIDING FIRE PROTECTION AND EMERGENCY SERVICES TO THE COAST GUARD BASE, LOCATED AT 100 MACARTHUR CAUSEWAY, MIAMI BEACH AND ANY MOORED CUTTERS AND SMALL BOATS. ADMINISTRATION RECOMMENDATION Approve the resolution. ANALYSIS The Coast Guard Base at 100 MacArthur Causeway is located within the jurisdiction of the Miami Beach Fire Department. The resources available to the Fire Department are adequate and sufficient to provide fire and EMS services to the Coast Guard base. There is an ongoing cooperative relationship between the Fire Department and Coast Guard personnel leading to yearly training and drills to familiarize Fire Department personnel with coast guard facilities, cutters and boats. Coast Guard personnel conduct proactive and effective fire prevention program, and they have medical personnel on staff. Due to the Coast Guard's proactive preventive programs and high level of training on fire prevention and EMS, the coast guard represents a very low call volume to the department and this agreement does not significantly reduce the department's ability to provide coverage for the rest of the city. CONCLUSION The Miami Beach Fire Department is the closest Fire Department to the Coast Guard Base. The demand for services by the Coast Guard Base is minimal as they provide proactive fire prevention and medical services within their facilities. The provision of fire protection services to the Coast Guard Base is in the best interest of the city. T:\AGENDA\2013\May 8\Coast Guard MOA Memo to CommissionMayagenda.docx 235 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE CITY, ON BEHALF OF THE MIAMI BEACH FIRE DEPARTMENT, AND THE UNITED STATES COAST GUARD BASE IN MIAMI BEACH, FOR THE PURPOSE OF PROVIDING FIRE PROTECTION AND EMERGENCY SERVICES TO THE COAST GUARD BASE, LOCATED AT 100 MACARTHUR CAUSEWAY, MIAMI BEACH, AND ANY MOORED CUTTERS AND SMALL BOATS. WHEREAS, the Coast Guard base is located at 1 00 MacArthur Causeway within the jurisdiction of the Miami Beach Fire Department (MBFD), which is the closest Fire Department available to respond to its request for fire and emergency services; and WHEREAS, the resources available to the Fire Department are adequate and sufficient to provide the services requested; and WHEREAS, the ongoing collaborative relationship between the Fire Department and the Coast Guard Base provides a mutual benefit to the City and the Coast Guard Base and the proactive fire prevention and medical services provided by the Coast Guard Base represent a minimal demand on the City. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and Commission hereby approve a Memorandum of Agreement (MOA) between the City, on behalf of the Miami Beach Fire Department, and the United States Coast Guard base in Miami Beach, for the purpose of providing fire protection and emergency services to the coast guard base, located at 100 MacArthur Causeway, Miami Beach, and any moored cutters and small boats. PASSED AND ADOPTED THIS 8th day of May, 2013. ATTEST: CITY CLERK T:\AGENDA\2013\May 8\Coast Guard MOA reso2013.docx 236 MAYOR APPROVED AS TO FORM E'x LANGUAGE & Fr'IH EXECUTION MEMORANDUM OF AGREEMENT BETWEEN UNITED STATES COAST GUARD BASE MIAMI BEACH AND CITY OF MIAMI BEACH, FLORIDA, BY AND IN BEHALF OF ITS FIRE DEPARTMENT, REGARDING FIRE FIGHTING AND EMERGENCY MEDICAL OPERATIONS 1. PARTIES. The parties to this Memorandum of Agreement ("MOA") are the United States Coast Guard Base Miami Beach and the City of Miami Beach, Florida, on behalf of its Fire Department (MBFD). 2. AUTHORITY. This MOA is primarily authorized under Title 14, United States Code, Section 141, 14 U.S.C. § 141. Secondary authorization is available pursuant to the Safety and Environmental Health Manual, COMDTINST M5100.47, Section 9(F)(3)(d). 3. PURPOSE. The purpose of this MOA is to memorialize the MBFD's agreement to provide fire protection and emergency medical services to Coast Guard Base Miami Beach, located at 1 00 MacArthur Causeway, Miami Beach, Florida 3 313 9, to include both all facilities and any moored cutters and small boats. Coast Guard Cutters BERNARD C. WEBBER, RICHARD ETHERIDGE, WILLIAM FLORES, ROBERT YERED, MARGARET NORVELL, PAUL CLARK, SITKINAK, DRUMMOND, DOLPHIN, DIAMONDBACK and HUDSON are homeported at Coast Guard Base Miami Beach. Six small boats, ranging from 25' to 45 ', are also stationed out of Station Miami Beach. Additionally, Coast Guard Base Miami Beach hosts Cutters from various other Coast Guard facilities frequently, and additionally hosts visiting US Navy and US NOAA vessels on a less frequent basis. 4. RESPONSlBILITES. a. On request made to MBFD via 911 by a representative of the Coast Guard, firefighting and/or emergency medical services equipment and personnel shall be dispatched to Coast Guard Base Miami Beach, as determined and directed by MBFD. b. Any dispatch of equipment and personnel pursuant to this MOA is subject to the following conditions: 1. All requests for fire or emergency medical equipment and personnel shall be made by telephone, unless that number is inoperative or unavailable for any reason. 11. Any request for aid under this MOA will include a description by the Coast Guard representative of the type or nature of the fire or Page 1 of3 237 emergency to which response is requested, and will specify the location to which the equipment and personnel are to be dispatched. The amount and type of equipment and number of personnel to be furnished will be solely determined by MBFD. c. The Coast Guard shall provide an escort to meet the Fire Department equipment and personnel at the main gate and guide MBFD personnel to the location where emergency services are to be rendered. The first arriving fire officer will be briefed by the Base Miami Beach Officer of the Day (OOD). This briefing will include the location and status of the emergency, Coast Guard ability to assist, and any special circumstances that could impact firefighting operations or endanger the lives of the firefighters. All actions of the MBFD, fire and rescue equipment, and fire personnel responding to the emergency shall be at the sole direction of the MBFD. 5. OTHER PROVISIONS. a. Reimbursement to MBFD for cost of firefighting on the Coast Guard Base Miami Beach is governed by Section 2210 of Title 15, United States Code, 15 U.S.C. § 2210, and the implementing regulations set forth at Part 151, Title 44, Code of Federal Regulations, 44 C.F.R. Part 151. Any such claim for reimbursement for firefighting expenses may also include costs associated with emergency medical services to the extent normally rendered by a fire service in connection with a fire. b. As an aid to implementing this MOA, members of MBFD, with prior arrangement with the Coast Guard Base Miami Beach Commanding Officer or his designated representative, are invited to tour the facility for the purpose of preparing a pre-fire/pre-emergency plan. This plan may be reviewed biennially or whenever deemed necessary by the parties to this MOA. c. Nothing in this MOA is intended to conflict with current law, regulation or directives ofthe United States Coast Guard or MBFD. If a term ofthis MOA is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. 6. POINTS OF CONTACT. FOR THE U.S. COAST GUARD: L T Kyle Ensley, USCG Facilities Engineer, Page 2 of3 238 USCG Base Miami Beach 100 MacArthur Causeway Miami Beach, FL 33139-5199 (305) 535-4589 (phone) (305) 535-4528 (fax) FOR THE MIAMI BEACH FIRE DEPARTMENT: Javier H. Otero Fire Chief City of Miami Beach 3300 Pinetree Drive Miami Beach, FL 3 3 13 9 (305) 673-7120 (phone) (305) 673-7881 (fax) 7. EFFECTIVE DATE AND TERMINATION. This MOA shaH become effective upon the date subscribed by the last signatory and shall remain in effect until cancelled upon 30 days written notice by either party involved. The MOA may be extended by mutual written agreement of the parties. 8. MODIFICATION. This agreement shall be reviewed annually. This MOA may only be modified in writing and upon the mutual written consent by the original signatories or their successors. Signature Date: --------------------- Capt BENJAMIN DAVIS Commanding Officer Coast Guard Base Miami Beach Signature Date: ----------------------- Jimmy Morales City Manager City of Miami Beach APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Page3of3 ~~-~r-r~z_ 4H t3 . rne~~ Date 239 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Waiving, By 5/t" Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Approving The Purchase Of One (1) Ford Taurus From Bartow Ford, In The Amount Of $22,056; One (1) Ford F-350 Truck From Alan Jay Ford, In The Amount Of $24,942; And One (1) Ford F- 150 Truck From Duval Ford, In The Amount Of $18,504; From Contract No. 12-20-0905, With The Florida Sheriffs Association. Key Intended Outcome Supported: Ensure compliance with code enforcement within a reasonable timeframe; Maintain MB public areas and rights-of-way, Citywide; Ensure safety and appearance of building structures and sites; Increase satisfaction with family recreational activities; and Ensure well-maintained facilities. Supporting Data (Surveys, Environmental Scan, etc.): The three vehicles being replaced have exceeded their life expectancy and currently average 3.6 years, or 73% beyond their originally projected replacement date, with maintenance and repair expenses to date, as a percent of vehicle and equipment original acquisition cost, averaging 82%. Item Summary/Recommendation: Based on approved funding, the Fleet Management Division ("Fleet Management") purchases vehicles for all City of Miami Beach departments and divisions. The City has historically pursued the purchase of vehicles through competitively awarded contracts by the State of Florida (State) and the Florida Sheriffs Association (FSA). Both the State and the FSA have staff dedicated to the complex tasks of developing specifications, aggregating volume from agencies across the state, competitively soliciting awards and managing contracts used by most public agencies in the State for the purchase of vehicles. Through the use of these contracts, the City benefits from the expertise and staff resources of the State and the FSA and the leveraged buying power of public agencies in the State, resulting in cost-effective vehicle purchases. In the due diligence process, vehicle pricing from the FSA and State contracts, both competitively awarded contracts, were analyzed. However, as the FSA is not one of the agencies named in the City code as an agency from whose contracts piggyback purchases may be exercised, the City Attorney's Office has determined that approval of purchases from the FSA contract will require the waiver of competitive bidding requirements, by 5/ih vote. Accordingly, this is a request for the City Commission to approve utilizing FSA contract 12~ 10-0905, a competitively awarded contract, for the purchase of those vehicles noted above as more cost effective than prices in the State contract as noted in Attachment A Based on the analysis of the need for vehicles by various City Departments, the due diligence of staff, and pricing available through competitively awarded contracts established by the State and the FSA, it is recommended that the City Commission approve the purchases of the three vehicles from the FSA contract as the most cost-effective alternative identified. In addition to the cost-effective pricing, purchases through the FSA contract will allow the City to benefit from subject-matter expertise and dedicated staff resources of the FSA. THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND THE CITY COMMISSION APPROVE THE PURCHASE OF VEHICLES LISTED HEREIN THROUGH THE REFERENCED FSA CONTRACT. Financial Information: Source of Amount Funds: 1 $22,056.00 1~1 2 $24,942.00 \/ 3 $18,504.00 .> .. 9a~l' Total $65,502.00 1 c ty Clerk's Offrce Leg1slatrve Trackrng: Public Works, Ext. 3601 Si n-Offs: MIAMI BEACH Account Parking FY 2012/13 Account No. 480-0462-000673 Property Management FY 2012/13 Account No. 520-1720-000673 Convention Center FY 2012/13 Account No. 440-0441-000673 240 AGENDA ITEM _...:..C._7..:..=I:,.___ DATE $"'~g ... I?, - MIAMI E H 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: May 8, 2013 City Commission .---:::~-- SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7rH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING THE PURCHASE OF ONE (1) FORD TAURUS FROM BARTOW FORD, IN THE AMOUNT OF $22,056; ONE (1) FORD F-350 TRUCK FROM ALAN JAY FORD, IN THE AMOUNT OF $24,942; AND ONE (1) FORD F-150 TRUCK FROM DUVAL FORD, IN THE AMOUNT OF $18,504; FROM CONTRACT NO. 12-20-0905, WITH THE FLORIDA SHERIFFS ASSOCIATION. ADMINISTRATION RECOMMENDATION Approve the purchase. FUNDING Funding is available from the following funding sources: Parking FY 2012/13 Operating Budget (Account No. 480-0462-000673): Property Management FY 2012/13 Operating Budget (Account No. 520-1720-000673): Convention Center FY 2012/13 Operating Budget (Account No. 440-0441-000673): Total: BACKGROUND AND ANALYSIS $22,056.00 $24,942.00 $18,504.00 $65,502.00 The Fleet Management Division ("Fleet Management") provides vehicles and equipment for all City of Miami Beach departments and divisions. In coordination with the various departments, Fleet Management develops a list of replacement vehicles and equipment which is submitted to the Commission for funding during the City's budget process each fiscal year. Replacement considerations are based on a combination of factors that include age, condition, maintenance/repair/collision expenses, and operating environment. The list of replacement vehicles and equipment, as well as any new vehicles and equipment submitted by a department as part of a service level enhancement initiative, are subject to approval by the City CommissiOon during the annual budget process. 241 Commission Memorandum Request for Approval of Vehicles from the Florida Sheriffs Association Contract 12·10-0905 Page 2 of3 Upon approval of funds, the City has historically pursued the purchase of vehicles through competitively awarded contracts by the State of Florida (State) and the Florida Sheriffs Association (FSA). The State, through its Department of Management Services, competitively awards a comprehensive vehicle contract yearly to be used by all agencies and political subdivisions of the State. The FSA also competitively awards a vehicle contract yearly, based on the requirements of law enforcement agencies state-wide, for use by law enforcement and political subdivisions in the State. The FSA, founded in 1893 to promote effective law enforcement and public safety programs, is one of the largest law-enforcement associations in the nation. Both the State and the FSA have staff dedicated to the complex tasks of developing specifications, aggregating volume from agencies across the state, competitively soliciting awards and managing contracts used by most public agencies in the State for the purchase of vehicles. Unlike the State and the FSA, the City does not have the internal expertise, staffing resources or buying power of these agencies. Nonetheless, through the use of these contracts, the City benefits from the expertise and staff resources of the State and the FSA and the leveraged buying power of public agencies in the State, resulting in cost-effective vehicle purchases. The table below demonstrates the pricing from the FSA contract is more cost-effective than the pricing from the State contract. State of Florida Florida Sheriffs Association Description Qty 071-000-13-1 12-20-0905 Price Total Price Total 2013 Ford Taurus 1 $22,064.00 $22,064.00 $22,056.00 $22,056.00 ..(P.~r.~~'?.9..:::: . .9.0. . .f:.t!.f!.f!.t!. .... ........................ ..................................... ..................................... ····································· ...... , .............................. 2013 Ford F-350 Utility Body 4WD 1-1 $25,566.00 $25,566.00 $24,942.00 $24,942.00 Ton with Lift Gate .. (P.r.C?P..f!..IJ.Y. .. t!.!FJ.U ................... ························ ····································· ····································· ····································· , .................................... 2013 Ford F-150 Reg. Cab 2WD 1 $18,525.40 $18,525.40 $18,504.00 $18,504.00 (Convention Center) Total: 3 $66,155.40 $65,502.00 Since the FSA is not one of the agencies named in the City code as an agency from whose contracts piggyback purchases may be exercised, the City Attorney's Office has determined that approval of purchases from the FSA contract will require the waiver of competitive bidding requirements by a 5/ih vote. Accordingly, this is a request for the City Commission to approve utilizing FSA contract 12-10-0905, a competitively awarded contract, for the purchase of those vehicles noted above as more cost-effective than prices in the State contract. The three vehicles being replaced have exceeded their life expectancy and currently average 3.6 years, or 73% beyond their originally projected replacement date, with maintenance and repair expenses to date, as a percent of vehicle and equipment original acquisition cost, averaging 71% (refer to table below). We ore committed to providing excellent public service and safety to oil who five, work. and ploy in our vibront. lrO(oico!, h:stonc community 242 0 z ..... c: ...,1 Q) c.. E Q) c.. 0 ·s C'" w Commission Memorandum Request for Approval of Vehicles from the Florida Sheriffs Association Contract 12-10-0905 Page 3 of 3 Parking - On Street Property Mgt. Convention Center 2006 Chevrolet 2003 Ford 2003 Chevrolet CONCLUSION Impala F-250 Astro c: 0 a 'i: (J m 0 Car FWD Full Size- Admin. Truck 2WD 3/4- Ton Utility Body Van Mini/Cargo 55,200 5 2.1 50,891 6 4.5 25,233 6 4.4 ~ ..... ·c: 'E Q) ·-"C eo·-..... co en OO::(J0 Ql<{U ~o6-o(l)~ 0 .!:: 0:::: ..... eoc:: Q) c..- :t: Q) ...JO:: $25,601 $7,721 $10,204 $10,765 $386 $1,683 N ~ 0 N I '1i) 0 (.) ~ ::E $5,317 $1,692 $1,736 Based on the analysis of the need for vehicles by the various City Departments, the due diligence of staff, and pricing available through competitively awarded contracts established by the State and the FSA, it is recommended that the Mayor and City Commission waive by 5/7 1h vote, the formal competitive bidding requirement, finding such waiver to be in the best interest of the City, and approve the purchase of three (3) vehicles at a total cost of $65,502.00, from Contract No. 12-20-0905, with the Florida Sheriffs Association. JLM/MT/ETC/AO/JJF/JC T:\AGENDA\2013\May 8\Fieet -FSA Vehicle Purchases MEMO 2013-05-0B.docx We are committed to providing excellent service and safely to oil who five. work, and play In our vibrant, trO(J!COI, hisfvric community 243 ..... ~ (I) ... o eo (.) Q) .>- 'E' ·-Q) eo-:2 .~ ,.r:. > Q) a~> ([ ~ ,(I) ;::z (I) ... wo - $250 $250 $250 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING THE PURCHASE OF ONE (1) FORD TAURUS FROM BARTOW FORD, IN THE AMOUNT OF $22,056; ONE (1) FORD F-350 TRUCK FROM ALAN JAY FORD, IN THE AMOUNT OF $24,942; AND ONE (1) FORD F-150 TRUCK FROM DUVAL FORD, IN THE AMOUNT OF $18,504; FROM CONTRACT NO. 12-20-0905, WITH THE FLORIDA SHERIFFS ASSOCIATION. WHEREAS, upon approval of funds, the City has historically pursued the purchase of vehicles through competitively awarded contracts by the State of Florida (State) and the Florida Sheriffs Association (FSA); and WHEREAS, the State, through its Department of Management Services, competitively awards a comprehensive vehicle contract yearly to be used by all agencies and political subdivisions of the State; and WHEREAS, the FSA also competitively awards a vehicle contract yearly, based on the requirements of law enforcement agencies State-wide, for use by law enforcement and political subdivisions of the State; and WHEREAS, the City benefits from the expertise and staff resources of the State and the FSA and the leveraged buying power of public agencies in the State, resulting in cost- effective vehicle purchases; and WHEREAS, in some cases, the City has the opportunity to purchase a number of vehicles more cost effectively by utilizing the FSA contract versus utilizing the State contract; and WHEREAS, since the City Code does not explicitly allow for purchase from the FSA, approval of purchases from FSA Contract No. 12-20-0905 for three (3) vehicles at a total cost of $65,502.00 will require the waiver of competitive bidding, by a 5/th vote. 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 waive, by 5/th vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and approve the purchase of one (1) Ford Taurus from Bartow Ford, in the amount of $22,056; one (1) Ford F-350 truck from Alan Jay Ford, in the amount of $24,942; and one (1) Ford F-150 truck from Duval Ford, in the amount of $18,504; from Contract No. 12-20-0905 with the Florida Sheriffs Association. 244 PASSED AND ADOPTED this sth day of May, 2013. ATTEST: Matti Herrera Bower, Mayor Rafael Granado, City Clerk City Attorney Date T \AGENDA\2013\May 6\Fieel -FSA Veh1cle Purct1ases RESO 2013-05-08 docx APPROVED AS TO FORM & LANGUAGE & FnH ECUTION 245 COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the City of Miami Beach, accepting the donation of a canine from the Miami Beach K-9 Knights, for a specially trained canine that will be utilized by the MBPD, Operations Division, Canine Squad, which shall be utilized for the detection tracking and apprehension of subjects involved in criminal activity. Key Intended Outcome Supported: Increase visibility of police Supporting Data (Surveys, Environmental Scan, etc.): The 2012 City of Miami Beach Community survey determined that increasing police visibility in neighborhoods was the second most popular method for improving public safety, as 47% of residents chose this option. By maintaining the number of canine officers on the streets will ensure greater visibility in the City. Item Summary/Recommendation: The Miami Beach Police Department has identified a need to purchase a canine with ability to be trained to detect narcotics, track and apprehend subjects involved in criminal activity. The Miami Beach K9 Knights is a new organization that assists law enforcement agencies with obtaining dogs for their canine squads. This organization represented by Peter Catalano a City of Miami Beach resident, has graciously agreed to donate a dual purpose dog to the Miami Beach Police Department, Canine Squad. The canine will be purchased from an approved City of Miami Beach vendor for a sum of $9,000. The vendor will be responsible for training the dog in basic obedience and narcotics detection prior to acceptance by the Miami Beach Police Department. To maintain the skill levels of the handlers and the narcotics detection ability of the canine, there will be on-going training provided by the canine vendor as well as in-service training with the Canine Squad. The utilization of a dual purpose canine will assist the Miami Beach Police Department in deterring criminal activities in the City of Miami Beach. Advisory Board Recommendation: [ NA Financial Information: Source of Amount Funds: 1 2 3 OBPI Total Financial Impact Summary: NA Si n-Offs: Department Director Assistant City Manager Raymond A. Mg_rtin~ MBPD .~ MfAMIBEACH 246 Account City Manager AGENDA ITEM DATE & MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov TO: FROM: DATE SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and M the City Commission Jimmy L Morales, City Manager ..--~-~-- May 8, 2013 \ A RESOLUTION OF THE MAY~R AND CITY COMMISSION OF THE CITY OF MIAMI BEAC , FLORIDA, ACCEPTING THE DONATION OF A CANINE ROM THE MIAMI BEACH K-9 KNIGHTS, FOR A SPECIALLY TRAINED CANINE THAT WILL BE UTILIZED BY THE MIAMI BEACH POLICE DEPARTMENT OPERATIONS DIVISION CANINE SQUAD, WHICH SHALL BE UTILIZED FOR THE DETECTION, TRACKING AND APPREHENSION OF SUBJECTS INVOLVED IN CRIMINAL ACTIVITY. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The Miami Beach Police Department has identified a need to purchase a canine with ability to be trained to detect narcotics, track and apprehend subjects involved in criminal activity. The Miami Beach K9 Knights is a new organization that assists law enforcement agencies with obtaining dogs for their canine squads. This organization represented by Peter Catalano a City of Miami Beach resident, has graciously agreed to donate a dual purpose dog to the Miami Beach Police Department, Canine Squad. The canine will be purchased from an approved City of Miami Beach vendor for a sum of $9,000. The vendor will be responsible for training the dog in basic obedience and narcotics detection prior to acceptance by the Miami Beach Police Department. To maintain the skill levels of the handlers and the narcotics detection ability of the canine, there will be on-going training provided by the canine vendor as well as in-service training with the Canine Squad. The utilization of a dual purpose canine will assist the Miami Beach Police Department in deterring criminal activities in the City of Miami BeachQ-\~;~[r*, JLM/ftll.MI~i G 247 RESOLUTION NO.---------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE DONATION OF A CANINE FROM THE MIAMI BEACH K-9 KNIGHTS, FOR A SPECIALLY TRAINED CANINE THAT WILL BE UTILIZED BY THE MIAMI BEACH POLICE DEPARTMENT OPERATIONS DIVISION CANINE SQUAD, WHICH SHALL BE USED FOR THE DETECTION, TRACKING AND APPREHENSION OF SUBJECTS INVOLVED IN CRIMINAL ACTIVITY. WHEREAS, the Miami Beach Police Department has identified a need to acquire a multi-purpose canine, which shall be used by the Operations Division for criminal apprehension and narcotics detection, in order to prevent, detect and deter those subjects involved in criminal activities that are occurring in the City of Miami Beach; and WHEREAS, law enforcement agencies with specially trained canines have proven to be an effective means to discourage crime, and to hinder criminal activity including illegal narcotics activity and the apprehension of those individuals whom commit crimes throughout the City of Miami Beach; and WHEREAS, the Miami Beach K-9 Knights, has graciously agreed to donate a multi- purpose canine to the Miami Beach Police Department Patrol Division Canine Squad, which shall track and apprehend those subject(s) involved in criminal activity; and WHEREAS, the multi-purpose canine will be purchased from an approved Miami Beach Police Department canine vendor for a sum of $9,000. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, accept the donation of a canine from the Miami Beach K-9 Knights, for a specially trained canine that will be utilized by the Miami Beach Police Department Operations Division Canine Squad, which shall be used for the detection, tracking and apprehension of subjects involved in criminal activity. PASSED and ADOPTED this ___ day of May, 2013. ATTEST BY: MAYOR MATTI HERRERA BOWER RALPH E. GRANADO, CITY CLERK 248 THIS PAGE INTENTIONALLY LEFT BLANK 249 COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Major and City Commission of the City of Miami Beach, Florida, authorizing the City Manager and City Clerk to execute a memorandum of understanding between the City of Miami Beach on behalf of the Miami Beach Police Department, and the Federal Bureau of Investigation, South Florida Violent Crime Fugitive Safe Streets Task Force, which serves the purpose of identifying and prosecuting criminal enterprise groups or individuals responsible for violent crimes and the apprehension of dangerous fugitives. Key Intended Outcome Supported: Maintain crime rates at or below national trends. Supporting Data (Surveys, Environmental Scan, etc.): Participating in the FBI South Florida Violent Crime Fugitive Safe Streets Task Force enables the City of Miami Beach the ability to have access to esources beyond the capability of the MBPD. In essence this is a force multiplier relative to the ~pprehension of subjects who commit violent crimes on Miami Beach. Item Summary/Recommendation: The Miami Division of the Federal Bureau of Investigation (FBI) has established the South Florida Violent Crime Fugitive Safe Streets Task Force {SFVC/FSSTF) for the purpose of identifying and prosecuting criminal enterprise groups or individuals responsible for violent crimes and the apprehension of dangerous fugitives. The SFVC/FSSTF will enhance the effectiveness of Federal, State and local law enforcement resources through a well coordinated initiative seeking the most effective investigative and prosecutive avenues to convict and incarcerate dangerous offenders. In an effort to support the SFVC/FSSTF, the Miami Beach Police Department (MBPD) has been asked by the FBI to participate and execute a Memorandum of Understanding between the FBI and the City of Miami Beach on behalf of the MBPD. As a result, a detective from the Criminal Investigations Division will be assigned part-time to the SFVC/SSTF to work in conjunction with their personnel in identifying, locating and apprehending individuals who commit these crimes in the City of Miami Beach and South Florida. Participation in the SFVC/SSTF will benefit the City of Miami Beach and the MBPD because of access to increased investigative resources and capabilities. Pursuant to the Memorandum of Understanding the FBI has agreed to provide access to a vehicle; reimburse the City of Miami Beach for overtime expenses, incurred by the MBPD Detective in connection with SFVC/FSSTF investigations pending available funding. Upon the signatures of all the parties to the Memorandum of Understanding, the Detective can participate in the SFVC/SSTF for its duration unless either the FBI or the City of Miami Beach should decide to withdraw. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 D 2 3 OBPI Total Financial Impact Summary: s· ott s: 1gn- Department Director Assistant City Manager Raymo~M~~- MBPD .: MIAMI BEACH 250 Account ~ City Manager 1}\ AGENDA ITEM _C_7-=-I( __ DATE ':):$-/3 :> MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, WYVW.miomibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 SUBJECT: A RESOLUTION OF THE MAY RAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, AND THE FEDERAL BUREAU OF INVESTIGATION, SOUTH FLORIDA VIOLENT CRIME FUGITIVE SAFE STREETS TASK FORCE, WHICH SERVES THE PURPOSE OF IDENTIFYING AND PROSECUTING CRIMINAL ENTERPRISE GROUPS OR INDIVIDUALS RESPONSIBLE FOR VIOLENT CRIMES, AND THE APPREHENSION OF DANGEROUS FUGITIVES. ADMINISTRATION RECOMMENDATION Approve the Resolution. ANALYSIS The Miami Division of the Federal Bureau of Investigation (FBI) has established the South Florida Violent Crime Fugitive Safe Streets Task Force (SFVC/FSSTF) for the purpose of identifying and prosecuting criminal enterprise groups or individuals responsible for violent crimes and the apprehension of dangerous fugitives. The SFVC/FSSTF will enhance the effectiveness of Federal, State and local law enforcement resources through a well coordinated initiative seeking the most effective investigative and prosecutive avenues to convict and incarcerate dangerous offenders. In an effort to support the SFVC/FSSTF, the Miami Beach Police Department (MBPD) has been asked by the FBI to participate in and execute a Memorandum of Understanding between the FBI and the City of Miami Beach on behalf of the MBPD. As a result, a detective from the Criminal Investigations Division will be assigned part-time to the SFVC/SSTF to work in conjunction with their personnel in identifying, locating and apprehending individuals who commit these crimes in the City of Miami Beach and South Florida. Participation in the SFVC/SSTF will benefit the City of Miami Beach and the MBPD because of access to increased investigative resources and capabilities. Pursuant to the Memorandum of Understanding the FBI has agreed to provide access to a vehicle; and reimburse the City of Miami Beach for overtime expenses incurred by the MBPD Detective in connection with SFVC/FSSTF investigations pending available funding. Upon the signatures of all the parties to the Memorandum of Understanding, the Detective can participate in the SFVC/SSTF for its duration unless either the FBI or the City of Miami Beach should decide to withdraw. J LM/RAM/M NO/MG T:IAGENDA\2013\May 8\Commission MemoFBISFVCSSTF docx 251 RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, AND THE FEDERAL BUREAU OF INVESTIGATION, SOUTH FLORIDA VIOLENT CRIME FUGITIVE SAFE STREETS TASK FORCE, WHICH SERVES THE PURPOSE OF IDENTIFYING AND PROSECUTING CRIMINAL ENTERPRISE GROUPS OR INDIVIDUALS RESPONSIBLE FOR VIOLENT CRIMES, AND THE APPREHENSION OF DANGEROUS FUGITIVES. WHEREAS, the Miami Division of the Federal Bureau of Investigation (FBI) has established the South Florida Violent Crime Fugitive Safe Streets Task Force (SFVC/FSSTF), for the purpose of identifying and prosecuting criminal enterprise groups of individuals responsible for violent crimes and the apprehension of dangerous fugitives; and WHEREAS, the SFVC/FSSTF enhances the effectiveness of Federal, State and local law enforcement resources through a well-coordinated initiative that seeks the most effective investigative and prosecutive avenues and allows law enforcement agencies to facilitate the proper identification, apprehension and prosecution of criminal enterprise groups or individuals involved in violent crime; and WHEREAS, the Miami Beach Police Department shall a detective on a part-time basis, to the SFVC/FSSTF to work in conjunction with Federal, State and local law enforcement personnel in identifying, locating and apprehending individuals who commit violent crimes in the City of Miami Beach and South Florida; and WHEREAS, it is a great benefit to the Miami Beach Police Department to participate in the SFVC/FSSTF because of the increased investigative resources and capabilities, and thereby improve the effectiveness of the Miami Beach Police Department law enforcement activities; and WHEREAS, upon funding availability, the FBI will reimburse the City of Miami Beach and the Miami Beach Police Department for overtime expenses, and provide access to a vehicle that shall be utilized for investigative purposes at no cost to the City of Miami Beach; and WHEREAS, the City of Miami Beach, on behalf of the Miami Beach Police Department, and the Federal Bureau of Investigation, wishes to execute a Memorandum of Understanding, commencing upon the signatures of all parties, and shall remain in effect for the duration of the Miami Beach Police Department's participation in the SFVC/FSSTF. 252 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City Manager and City Clerk to execute a Memorandum of Understanding between the City of Miami Beach, on behalf of the Miami Beach Police Department, and the Federal Bureau of Investigation, South Florida Violent Crime Fugitive Safe Streets Task Force, which serves the purpose of identifying and prosecuting criminal enterprise groups or individuals responsible for violent crimes, and the apprehension of dangerous fugitives. PASSED and ADOPTED this ___ day of May, 2013. ATTEST BY: MAYOR MATTI HERRERA BOWER RALPH E. GRANADO, CITY CLERK 253 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Vacating An Existing Utility Easement And Accepting A New Utility Easement From Mary Carpenter, The Property Owner Of 118 West Dilido Drive, For The Construction, Installation, Maintenance, Repair, And Replacement Of City Utilities. Ke Intended Outcome Su orted: Improve storm drainage citywide Item Summary/Recommendation: The City has an 8-inch diameter stormwater pipe occupying a 5-foot wide easement at 118 West Dilido Drive. Mary Carpenter, the owner of the property, is proposing to demolish the existing home on the site, construct a new single-family house, and rebuild the seawall at elevation 3.2 feet. The existing stormwater pipe and easement are in the northeastern and the northern portions of the property. The owner has proposed to relocate the easement to the edge of the property, to construct a new 15-inch diameter pipe to City of Miami Beach standard, and to provide a wider easement. All design, permitting, and construction costs will be borne by the owner. Staff has reviewed this request and believes that it is a benefit to the City. In exchange for abandoning an undersized, aged pipe and vacating an easement that is too small to provide easy access, the City will receive a new, larger diameter pipe in a wider easement. The new pipe will have greater drainage capacity helping meet the requirements of the Stormwater Management Master Plan and will include a check valve to prevent high tides from flooding the street. The wider easement will provide for better access to maintain, replace, and repair the pipe. The Administration recommends adopting the Resolution. Advisory Board Recommendation: Financial Information: Source of Amount Account Approved Funds: .·. 1 . D 2 .. 3 4 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Richard Saltrick, Public Works X6565 n-Offs: i\nt City Manager City Manager KGB JLM T:I.AGENDA\2013\May 8\118 West Dilido Drive Easement Sum.doc MlAMIBEACH 254 AGENDA ITEM C., 7 L DATE YY ... /3 = -=-MIAMI BEACH City of Miami Bea(h, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me bers of ~-ommission FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, VACATING AN EXISTING UTILITY EASEMENT AND ACCEPTING A NEW UTILITY EASEMENT FROM MARY CARPENTER, THE PROPERTY OWNER OF 118 WEST DILIDO DRIVE, FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF CITY UTILITIES. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the resolution BACKGROUND The City has an 8-inch diameter stormwater pipe occupying a 5-foot wide easement at 118 West Dilido Drive. Mary Carpenter, the owner of the property, is proposing to demolish the existing home on the site, construct a new single-family house, and rebuilding the seawall at elevation 3.2 feet. The existing storm water pipe and easement are in the northeastern and the northern portions of the property (Attachment A). The owner has proposed to relocate the easement to the edge of the property, to construct a new 15-inch diameter pipe to City of Miami Beach standard, and to provide a wider easement (Attachment B). All design, permitting, and construction costs will be borne by the owner. ANALYSIS Staff has reviewed this request and believes that it is a benefit to the City. In exchange for abandoning an undersized, aged pipe and vacating an easement that is too small to provide easy access, the City will receive a new, larger diameter pipe in a wider easement. The new pipe will have greater drainage capacity helping meet the requirements of the Stormwater Management Master Plan and will include a check valve to prevent high tides from flooding the street. The wider easement will provide for better access to maintain, replace, and repair the pipe. Staff has worked with the architect for the owner to obtain as large an easement as possible without impacting the proposed construction. As a result, the proposed easement narrows over the final30 feet to avoid interfering with the footers of the proposed construction. 255 City Commission Memorandum-Easement at 118 W Dilido Drive May8,' 2013 Page 2 of 2 CONCLUSION The Administration recommends that the Mayor and City Commission adopt the resolution. Attachment: A. B. Legal Description of the Existing Easement Sketch and Legal Description of the Proposed Easement T:\AGENDA\2013\May 8\118 West Dilido Drive Easement Memo.doc 256 Attachment - A KNO'I'T ALL MEN BY THESE PRESENTS, That; we, in oonsidere.- tion of the benefits accruing to us by reason of convenient access 13.nq a lessfor eost of the construction of eew·e:rs and the desirabi.li ty of bavir1g the thi.ngs herel11afte1· specif':l.ed placed in the locatj.ons notea. bclovr, and in eonside~FJ.tion of $1.00, receip't o:f which :i.s here- by acknoi"l.edged, d.o horeby-ive and grant; unto the City of S.hfun.l Beach':. .. :flqrldat its• f;!Uccessors and assiP;nS and its grantees operating .' ; ; , " '-• c ~. ,,. ''· -. • / ,· ,· • •! 1 I ' ' ~~ ' "~ public·utilit:L_er~,> the pel'petual right and ee.sem0nt to 1a,;r a.<~d main:.. tain 96iti0l'S 1 underground, :\.n the follOt\.'tng dcsorlb~d ):;;i'operty; ,; ~:· '' '' ~~1',{<' ,- !~$ nor~rly five !<S} fee;~ of' Lot Three~ (3), .d.l.oek Tvm (2}, DiL:fdo\ ··,;., t rscoraed . in Plat Book: Eight (8,, :,r: ···•·· ... v L" ,":l.x (-96·) '· of the Pi.ib;I.ic Reoordci of Dade Gounty, i-'lorid8;;(, · IN\VITNESS i'fHEREOF 1 we have hereunto set p\.n' ~_!9 an<l ~' '/.) ~ //) .//A seals,AiV~L~unty of.~;a~ ____ State of.:...,..zt.L~Z41:'4 . h ? . );t . /::. . ?')2---?~. ... / . t • .t~ &-c~~~~~ay of __ ....:.~?.:"~~--A.D. 1941 • . . / . r··--7 a /J/ . 7d~~4EAL) #~--~--6:\,~;:~-~~--( SEAl,) I S~~AL) 257 ,,!,,: STAT·E OF F,·LQRIDA . cor.nrrry oF .DADE l: .tll'!fREBY OERTIFX thfl,.t oJ1 this .. day personally appef.p-:ea. before m~, an of:flcer duly ~utnohzed ·to ~dm1nister. oaths and tak~ ackn9~wJ.edgmen~s .· •. · ... · ff~ ·if ~~~~ . o.nd -~ e_~~~':-"" .to ·me w~11.1ulqtm and known to me to be ti:le in<iividuals d.er:Jc:ribed :l.n theto:regolng :lnst:ruraent, and who elceouted th~ S§IJ.he freely and .. voluritarily (ind for the purposes ther·ein exoi'e Me d. . AND I FURTIJt>H eEilTJFY that tho;~·''). ~/tiJ;,k~"-»~ known to me to be. thf:l wife of the sa:l.Q. f/"1/A. f "?i#v~$/r.··<rfn a separa"Ge and privs~;e exarll:,..nat:i,on taken <J.nd me.de by. me and before .. me 1 separD,tely a.nd apart fl'om her husPf<nd, did e,oknot<Iledge that she madE'J he:rsert a party to the said instrument for the purpose .of renottncing, reJ,inquisb.ingy and conveying all her right, title arid intereot, whether of doro·er, homesr.ead. or of' separate pl'ope:rt:y, sta.tt.:ttory.or equitable, in and to the lands described ther•ein, and. that she. executed the se.me freely and voluntarily and 1vJ..thout any compulsion,t constr·,;l.int, apprehension o:r fear . . ··' of or from her said husband. . ... ·· WITNESS my-he.rid and o:ffi~ial seal~ t~ifid_ State of ..• ~--this, ....... : .. /2-tl/·rL ,day ofJ21T-.·· _A.D. 1941. . ~·.· £'.@~~~~~~~ Notary rubl,lc lllilr•\.'O.Cil\Utrl~~eion· expil"es: J';·(Jt:i/4 ?" /9 "Yi.:L" /· 258 Attachment -B LEGAL DESCRIPTION: A portion of Lot 4, Block 2, PLAT OF Dl LIDO AN ISLAND IN BISCAYNE BAY, according to the plot thereof as recorded in Plot Book 8, Page 36 of the public records of Miami-Dade County. Florida being more particularly described as follows: Commence at the Northeast corner of said Lot 4 also being o point on the Westerly right of woy fine of West Dl Lido Drive; thence $ 00'00'00" E along soid West right of way line and East line of said Lot 4 for 42.06 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue along said East Une of Lot 4 and said West Right of way line for 14.65 feet; thence N 43'03'24'' W for 61.87 feet; thence N 90'00'00" W along a line 11.50 feet South of and parallel with the North line of said Lot 4 for 110.76 feet; thence N 00'00'00" E along a line 30.00 feet East of and parallel with the West line of said Lot 4 for 2.50 feet; thence N 90'00'00" W along a line 9.00 '>et Soutt. of l"'nd parallel wlth the North line or ~,;ld Lot 4 for 30.00 feet to a point on said West line; thenc_, N 00'00'00" E (lion~ said West line for 7.50 feet; thence S 90'00'00" E along o line 1.50 feet South of and parallel with the North flne of said Lot 4 for 145.10 feet; thence S 4-3'03'24" E for 55.51 feet to the Point of Beginning. SURVEYOR'S NOTES: -This site lies in Section 33, Township 53 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida. -Bearings hereon ore referred to an assumed value of SOO'OO'QO"E for the West right of way line of Di Lido Drive, -Lands shown hereon were not abstracted for easements and/or rights-of-way of records. -This ls not a nBoundory Survey" but only o graphic depiction of the description shown hereon. -Dimensions shown hereon ore based on Survey prepared by MIGUEL ESPINOSA LAND SURVEYING INC. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible chorqe on April 16, 2013, and meets the applicable codes os set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seat of a Florida Licensed Surveyor and Mapper" FORTIN, L Y, KILES, INC., LB3653 :1/~ Daniel C. Fortin, For The)li11i Surveyor and Mapper, LS2853 State of Rorlda. . ... ~·-. 1-n_ra_wn_BY ___ R_EP_--1 (Legal Description, Notes and Certification j f-n_ate---.:.Ap_ri_l 1_6.:....., _20_13----; F L S Scale None OR TIN, EA VY, KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS Job. No. 13°47 3 Cad. No. 1304 73 Ref. Dwg. 3012-035 FLORIDA CERTIFrCA TE OF AUTHORIZATION NUMBER: 00003653 Dwg. No. 1013-034 Plotted; 4/1612013 1:21 PM 180 Northeast 168th Street /North Miami Beach, Florida 33162 Phone 305~653-4493 I Fax 305-651-7152/ Email fts@flssurvey.com Sheet 1 of 3 259 DraWIJ By REP ( Location Sketch j Date April 16, 2013 Job.No. 130473 ~--:---~-------1 Cad.No.130473 FORTIN, LEAVY, S KJLES, INC. Ref. Dwg. Scale 1" = 4-00' 3012-035 Plotted: 4/16/2013 1:21PM CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CBRTIFTCATE OF AUTHORIZATION NUMBER: 00003653 Dwg. No. 1013-034 180 Northeast 168th Street I North Miami Beach, Florida 33162 Phone 305~653-4493 I Fax 305~651-7152 I Email fls@flssurvey.com 260 Sheet 2 of 3 NOO"OO'OO"E 7.50' BISCAYNE BAY DraW!lBy N REP I I I I Lot S, Block 2 I I I I f----------------------~--------------------P<iiNirC>F·------------1 I South !ina of COMMENCEMENT 1 I lotS, Block 2 Northeast Corner of Lot 4, I I Block 2 PlAT OF 01 LIDO Lot 5• BIQck 2 AN ISLAND IN 1 1 D!SCAYNE BAY PLAT BOOK 8, PAGE 36 ~~ J ( SKETCH OF DESCRIPTION r-----------------~ Cad.No.130473 FORTIN, LEAVY, SKILES, INC. Ref. Dwg. 3012-035 P1olte4: 4/16/2013 1:21PM CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORlZA TION NUMBER: 00003653 J 80 Northeast I 68th Street I North Miami Beach, Florida 33162 Phone 305-653-4493 I Fax 305-651-7152/ Email fls@flssurvcy.com 261 I I I I ~I !z. l Wt I 27.5' ~ 27,5' ~ I '· Date April 16, 2013 Scale 1" = 40' Job. No. 1.30473 Dwg.No. 1013-034 Sheet 3 of 3 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE VACATION OF AN EXISTING CITY UTILITY EASEMENT, LOCATED ON THE PRIVATE RESIDENTIAL PROPERTY AT 118 WEST DILIDO DRIVE (THE PROPERTY), AND ACCEPTING A NEW UTILITY EASEMENT FROM MARY CARPENTER, THE OWNER OF THE PROPERTY, FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF A NEW FIFTEEN-INCH {15") STORMWATER OUTFALL PIPE. WHEREAS, the City currently has an 8-inch (8") diameter stormwater outfall pipe occupying a 5-foot (5') wide easement under a portion of the private residential property located at 118 West Dilido Drive (the Property); and WHEREAS, Mary Carpenter, the owner of the Property, is proposing to demolish the existing house to construct a new house, and to reconstruct the seawall; and WHEREAS, the Property owner has been meeting with City staff, and has proposed relocating the existing City utility easement to the edge of the Property, where the proposed new 15-inch diameter stormwater pipe can be installed; and WHEREAS, the new 15-inch outfall pipe will have greater drainage capacity for improved stormwater management, and will include a check valve to prevent street flooding due to high tides; and WHEREAS, City staff has reviewed the Property owner's request and believes that the abandonment of the existing easement, concurrent with the Property owner granting the City a new easement for the installation and maintenance of the proposed 15-inch stormwater outfall pipe, would be in the best interest of the City. 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 the vacation of an existing City utility easement, located on the private residential property at 118 West Dilido Drive (the Property), and accepting a new utility easement from Mary Carpenter, the owner of the Property, for the construction, installation, maintenance, repair, and replacement of a new fifteen-inch (15") stormwater outfall pipe. PASSED AND ADOPTED this 8th day of May, 2013. ATTEST: Rafael Granado, City Clerk City Attorney Date T:\AGENDA\2013\May 8\i 18 West Dilido Drive Easeme11t Reso.docx 262 Matti Herrera Bower, Mayor APPROVED AS TO FORM & LANGUAGE & FO!i CUTION ,.,...,....._,~~(r;_ ~fr ~ I!Orney ~ ate THIS PAGE INTENTIONALLY LEFT BLANK 263 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute A Landscape And Irrigation Maintenance Memorandum Of Agreement, With The Florida Department Of Transportation, For The Relocation Of Landscape Along State Road A1Nindian Creek Drive From 42nd Street To 44th Street, As Part Of The State Road A1N Indian Creek Drive Project From 42nd Street To 44th Street And State Road A1NCollins Avenue/Indian Creek Drive Project Along 43rd Street. Ke Intended Outcome Su orted: Maintain Miami Beach public areas & rights of way Cit ide Item Summai}'/Recommendation: The Florida Department of Transportation (FOOT) is planning to construct improvements on State Road (SR) A 1 Nlndian Creek Drive from 42nct Street to 44th Street and on SR A 1 NCollins Avenue/Indian Creek Drive along 43rd Street. The purpose of these two projects is to improve storm water infrastructure and traffic safety. Project construction is scheduled to begin in March 2014 and be completed by December 2014. The scope of the project along Indian Creek Drive from 42nd Street to 44th Street includes milling, resurfacing, and restriping; repairing existing sidewalks, curb and gutter; upgrading the existing pedestrian ramps to comply with the current American with Disabilities Act (ADA) standards, installing new signage along the corridor, and relocation of landscape features. The scope of the adjoining project along 43rd Street includes major upgrades to the storm water system and installation of a storm water pump station and pollution control structures at the 43rd Street street~end. As part of the proposed improvements, FOOT will require the relocation of eleven (11) coconut palm trees from the modified areas to other landscaped areas within the project limits. As part of a previous FOOT construction project on Indian Creek Drive, FOOT installed landscaping improvements in the roadway median. Although no maintenance agreement was formally executed by the City and FOOT at the time of landscape installation, the City of Miami Beach Parks and Green Space Management Department has been performing scheduled maintenance activities for the landscape and irrigation within FOOT right~of-way. In order for FOOT to include the necessary relocation of the landscape as part of the Project, the execution of a Landscape and Irrigation Maintenance Memorandum of Agreement with the City is required to stipulate maintenance responsibilities between the parties. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 I I 2 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Richard Saltrick, Public Works X6565 n-Offs: Department Director JJF MIAMI BEACH Account 264 Approved AGENDA ITEM DATE MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochH.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera-Bower and ~embers Jimmy L. Morales, City Manag J __...---- DATE: May 8, 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 A LANDSCAPE AND IRRIGATION MAINTENANCE MEMORANDUM OF AGREEMENT, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE RELOCATION OF LANDSCAPE ALONG STATE ROAD A1AIINDIAN CREEK DRIVE FROM 42"d STREET TO 44th STREET, AS PART OF THE STATE ROAD A1Af INDIAN CREEK DRIVE PROJECT FROM 42"d STREET TO 44th STREET AND STATE ROAD A1AICOLLINS AVENUE/INDIAN CREEK DRIVE PROJECT ALONG 43rd STREET. ADMINISTRATION RECOMMENDATION The Administration recommends approving the Resolution. BACKGROUND The Florida Department of Transportation (FOOT) is planning to construct improvements on State Road (SR) A1A/!ndian Creek Drive from 42nd Street to 44th Street and on SR A1A/Collins Avenue/Indian Creek Drive along 43rd Street. The purpose of these two projects is to improve storm water infrastructure and traffic safety. Project construction is scheduled to begin in March 2014 and be completed by December 2014. The scope of the project along Indian Creek Drive from 42nd Street to 441h Street includes milling, resurfacing, and restriping; repairing existing sidewalks, curb and gutter; upgrading the existing pedestrian ramps to comply with the current American with Disabilities Act (ADA) standards, installing new signage alon~ the corridor, and relocation of landscape features. The scope of the adjoining project along 43r Street includes major upgrades to the storm water system and installation of a storm water pump station and pollution control structures at the 43rd Street street-end. As part of the proposed improvements, FOOT will require the relocation of eleven (11) coconut palm trees from the modified areas to other landscaped areas within the project limits. As part of a previous FOOT construction project on Indian Creek Drive, FOOT installed landscaping improvements in the roadway median. Although no maintenance agreement was formally executed by the City and FOOT at the time of landscape installation, the City of Miami Beach Parks and Green Space Management Department has been performing scheduled maintenance activities for the landscape and irrigation within FOOT right-of-way. In order for FOOT to include the necessary relocation of the landscape as part of the Project, the execution of a Landscape and Irrigation 265 Commission Memorandum-FDOT Agreements for Indian Creek Drive from 42nd Street to 44 1h Street May 8, 2013 Page 2 of 2 Maintenance Memorandum of Agreement with the City is required to stipulate maintenance responsibilities between the parties. ANALYSIS Landscape and Irrigation Maintenance Memorandum of Agreement (MMOA) The FOOT project along 43rd Street includes the construction of one (1) storm water pump station to address the current flooding issues along 43rd Street and along Indian Creek Drive from 41st Street to 44th Street. Via Resolution No, 2012-28085 adopted on December 12, 2012, City Commission approved a Perpetual Easement Agreement to allow FOOT to construct the pump station at the west street-end of 43rd Street. Currently, there are six (6) existing coconut palms located on the west street-end of 43rd Street which will require relocation to other locations within the project limits in order to accommodate the proposed storm water pump station. As part of the Indian Creek Drive project, and as a result of a recent FOOT traffic safety study, FOOT is proposing modifications to the raised median, pavement markings, and signage at the intersections of Indian Creek Drive and 42nd Street and Indian Creek Drive and 43rd Street. The median modifications will serve to reduce conflict points between turning movements and improve operational safety at these intersections. The proposed modifications to the median will require the relocation of five (5) existing coconut palms. All coconut palm trees to be removed as part of the project will be relocated to other locations within the project area. FOOT requires the execution of a Landscape and Irrigation MMOA for the maintenance of the project landscape and irrigation system. Pursuant to the Landscape and Irrigation MMOA, FOOT will relocate the conflicting landscaping and irrigation features in order to construct the storm water pump station, pollution control structures, and median modifications in accordance with the design plans. Since the City is currently maintaining the landscape features along this corridor, the execution of the Landscape and Irrigation MMOA will not result in any additional costs to the City. CONCLUSION The Administration believes that the proposed storm water drainage and safety enhancements to be constructed as part of the FOOT Indian Creek Drive and 43rd Street Project are important to the sustainability and quality-of-life of the City. The proposed storm water and safety improvements along Indian Creek Drive and 43rd Street will require execution of a Landscape and Irrigation MMOA. As such, the Administration recommends approving the Resolution authorizing the aforementioned Agreement with FOOT. Attachment: Landscape and Irrigation Maintenance Memorandum of Agreement (MMOA) JLM/J~~/JRG/JFD T:\AGENDA\2013\May 8 \FOOT Landscape and Irrigation MMOA Agreement 266 FLORIDA DEPARTMENT OF TRANSPORTATION LANDSCAPE AND IRRIGATION MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH This AGREEMENT, entered into on 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida, hereinafter called the CITY, and collectively referred to as the PARTIES. RECITALS: P... The DEPARTMENT has jurisdiction over State Road ( S. R.) All\/ Indian Creek Drive from 44th Street (M.P. 0. 000) to 41st Street (M.P. 0.198), which is located within the limits of the CITY; and B. There have been beautification improvements installed on S. R. AlA/ Indian Creek from 44th Street to 41 ,,t Street, the limits of which are described in the attached Exhibit 'P..' (the PROJECT LIMITS), which by reference shall become a part of this AGREEMENT; and C. The DEPARTMENT will be relocating the previously installed landscape and irrigation systems in accordance with the design plans for Contract# T-6322, (the "Project"); and D. The PARTIES to this AGREEMENT mutually recognize the need for entering into an agreement designating and setting forth the responsibilities of each party with regards to the maintenance of the existing landscaping and irrigation systems installed pursuant to the Project; and E. The CITY, by Heso1ution No. dated ___ ,,. ·' attached hereto as Exhibit 'B', which by reference shall become a part of this AGREEMENT, desires to enter into this AGREEMENT and authorizes its officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits contained herein and other good and valuable consideration, the parties covenant and agree as follows: Maintenance Meme>randum of Agreement between Florida Depa1tment ofTranspOitation and City of Miami I3each Page 1 of 11 267 1. RECITALS The recitals in ' j-' are 1ncorpora~ea hereof. this AGREEMENT are true and herein by reference and 2. DEPARTMENT RESPONSIBILITIES correct, made a and part The PARTIES agree that the execution of this AGREEMENT shall constitute an assignment of all maintenance responsibilities pertaining to the landscaping and irrigation systems within the PROJECT LIMITS to the CITY in perpetuity upon the DEPARTMENT's release of its contractor frorr: ft.Li~thr:?: Harranty work and responsibility, as set !.orth in Sectiorr 580 5 of the DEPARTMENT's Standard Specification for Road and Bridge Construction. 3. CITY'S MAINTENANCE RESPONSIBILITIES The CITY shall maintain the landscape and irrigation in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time. Additionally, the CITY shall maintain the landscape and irrigation in accordance with the International Society of Arboriculture standards, guidelines, and procedures, as may be amended from time to time, and in accordance with the standards set forth in the Project Plans, and in the Project Specifications and Special Provisions. The CITY'S maintenance obligations shall inc:iude but not. be limited to: a. Mowing, cutting and/ or trimming and edging the grass and turf. b. Pruning all plant materials, which include trees, shrubs and ground covers, and parts thereof. Properly remove all flowers and remove all fronds (leaves), which droop below a perpendicular angle to a tree trunk, from the Cocos nucifera trees (Coconut Palms) that overhand any travel lanes, sidewalks, parking areas, or any other areas where pedestrians or vehicular activites rrtay conflict with production of Maintenance Memorandum of Agreement between Florida Dcpattment of Transportation and City of Miami Beach Page 2 of 11 268 d. fruit (coconuts) or dropping fronds. Removing and properly disposing of dead, diseased or otherwise deteriorated plants in their entirety, and replacing those that fall below the standards set forth in the PROJECT Plans and in the Project Specifications, incorporated herein by reference, and all applicable Department guidelines, standards and procedures, as may be amended from time to time. All replacement materials shall be in accordance with the Project Plans and the Project Specifications and Special Provisions. e. Mulching all plant beds and tree rings. f. Removing and disposing of dll undesirable vegetation including but not limited to weeding of plant beds and removal of invasive exotic plant materials. g. Watering and fertilizing all maintain the plant materials in growing condition. plants as needed to a healthy and vigorous h. Performing routine and regular inspection of the irrigation system ( s) to assure that the systems are fully functional; identifying damage and/or malfunctions to the system(s); repairing and/or replacing broken or missing irrigation equipment; and adjusting spray heads to eliminate overspray of water onto paved areas. i. Paying all for water use and all costs associated therewith. j. Removing and disposing of litter from roadside and median strips in accordance with all applicable government rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time. k. Removing and disposing of all trimmings, roots, branches, litter, and any other debris resulting from the activities described by 2.A through 2.I. l. Maintaining a operations that activity, the service log of all maintenance sets forth the date of the maintenance location that was maintained, and the Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 3 of 11 269 work that was performed. m. Submitting Lane Closure Requests to the DEPARTMENT whert maintenance activities will require the closure of a traffic lane in the DEPARTMENT'S right-of-way. Lane closure requests shall be submitted through the District Six Lane Closure Information System, to the DEPARTMENT's area Permit Manager and in accordance with the District Six Lane Closure Policy, as may be amended from time to time. The DEPARTMENT may, at its sole discretiort, perform periodic inspection of the landscape and irrigation to ensure that the CITY is performing its duties pursuant to thj s AGREEMENT. The DEPARTMENT shall share with the CITY its l.il::opection findings, and may use those findings as the basis of its dec is ions regarding maintenance deficiencies, as set forth in Section 4 of this Agreement. The CITY is responsible for obtaining copiE";;s of all applicable rules, regulations, policies, procedures, guidelines, and manuals, and the Project Specification and Special Provisions, as may be amended from time to time. 4. MAINTENANCE DEFICIENCIES If at any time it shall come to the attention of the DEPARTMENT that the CITY's responsibilities as established herein are net being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may, at its option, issue a written notice, in care of the CITY MANAGER, to notify the CITY of the maintenance deficiencies. F'rom the date of receipt of the notice, the CITY shall have a period of thirty ( 3 0) calendar days, within which to correct the cited deficiency or deficiencies. Receipt is determined in accordance with Section 5 of this AGREEMENT. If said period, follows: deficiencies are not the DEPARTMENT may, corrected within this time at its option, proceed as a. Maintain the landscape and irrigation, or a part thereof and invoice the CITY for expenses incurred; or b. Terminate this AGREEMENT in accordance with Section 7, remove any or all landscape and irrigation located wi trtin the PROJECT LIMITS, and charge the CITY the 'v1aintcnance Memorandum of Agreement between Florida Department of Transpottation and City of Miami Beach Page 4 of 1 I 270 reasonable cost of such removal. 5. NOTICES All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in VIri ting and shall be sent by certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To the DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6205 Miami, Florida 33172-5800 To the CITY: Attn: District t1aintenance Engineer City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: CITY Manager Notices shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt lS provided. 6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE LANDSCAPE AND IRRIGATION a. The PARTIES agree that the landscape and irrigation addressed by this AGREEMENT may be removed, relocated or adjusted at any time in the future, at the DEPARTMENT's sole discretion. In the event that the DEPARTMENT relocates or adjusts the landscape and irrigation, the CITY's maintenance responsibilities will survive the relocation or adjustment, as long as the materials remain within the PROJECT LIMITS. 7. TERMINATION This AGREEMENT is subject to termination under any one of the following conditions: a. By the DEPARTMENT, if the CITY fails to perform its duties under Section 3 of this AGREEMENT, following the thirty ( 30) days written notice, as specified in Section 4 of this AGREEMENT. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 5 ofll 271 b. In accordance with Section 287.058(1) (c), Florida Statutes, the DEPARTMENT shall reserve the right to unilaterally cancel this AGREEMENT if the CITY refuses to allow public access to any or all documents, papers, letters, or other materials made or received by the CITY pertinent to this AGREEMENT which are subject to provisions of Chapter 119, of the Florida Statutes. c If mutually agreed to by both parties, upon thirty ( 30) days advance notice. An agreement to terminate shall be valid only if made in writing and executed with the same formalities as this AGREEMENT. 8. TERMS a. The effective date of upon execution by the continue in perpetuity forth in Section 7. this AGREEMENT shall cormnence PARTIES. This AGREEMENT shall or until termination as set b. The CITY: l. Shall utilize the U.S Department of Homeland Security's E-Verify system to verify the employment eligibi 1 i ty of all new employees hired by the CITY during the term of the AGREEMENT; and ii. Shall expressly require subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment of all new employees hired by the subcontractors during the AGREEMENT term. c. This writing embodies the entire agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. d. This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent Maintenance Memorandum of Agreement between Flotida Depattment ofTranspotiation and City of Miami Beach Page 6 of 11 272 of the DEPARTMENT. e. This AGREEMENT shall be governed by and constructed in accordance with the laws of the State of Florida. Any provisions of this AGREEMENT found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions of the AGREEMENT. f. Venue for any and all actions arising out of or in connection to the interpretation, validity, performance or breach of Utis AGREEMENT shall lie exclusively in a state court of proper jurisdiction in Leon County, Florida. g. A modiiL;at.:iun or waiver this AGREEMENT shall be writing and executed with agreement. of any of effective the same the provisions of only if made in formality as this i. The section headings contained in this AGREEMENT are for reference purposes only and shall not affect the meaning or interpretation hereof. j . No term or interpreted Party or provision. provision of this AGREEMENT shall for or against either Party because its legal representative drafted be the the k:. The DEPARTMENT is a state agency, self-insured and subject to the provisions of Section 7 68.28, Florida Statutes, as may be arrlended from time to time. Nothing in this AGREEMENT shall be deemed or otherwise interpreted as waiving the DEPARTMENT'S sovereign imrnuni ty protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 9. INDEMNIFICATION Subject to Section 768.28, Florida Statutes, as may be amended from time to time, the CITY shall promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments, penalties, costs, damages, :judgments, claims, Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 7 of 11 273 demands, liabilities, attorneys fees, (including regulatory and appellate fees), and suits of any nature or kind whatsoever caused by, arising out of, or related to the CITY's exercise or attempted exercise of its responsibilities as set out in this AGREEMENT, including but not limited to, any act, action, neglect or omission by the CITY, its officers, agents, employees or representatives in any way pertaining to this AGREEMENT, whether direct or indirect, except that neither the CITY nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages directly caused or resulting from the sole negligence of the DEPARTMENT. The CITY's obligation to inaemnify, defend and pay for the defense of the DEPARTMENT, or at tne DEPARTMENT's option, to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations, shall be triggered immediately upon the CITY's rece.ipt of the DEPARTMENT's notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEMENT. The DEPARTMENT's failure to notify the CITY of a claim shall not release the CITY of the above duty to defend and indemnify the DEPARTMENT. Tr1e CITY shall pay all costs and fees related to this obligation and its enforcement by the DEPARTMENT. The indenmification provisions of this section shall survive termination or expiration of this AGREEMENT, but only with respect to those clairn.s that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. The CITY's evaluation of liability or its inability to evaluate liability shall not excuse the CITY's duty to defend and indemnify the DEPARTMENT under the provisions of this section. Only an adjudication or judgment, after the highest appeal is exhausted, specifically finding the DEPARTMENT was solely negligent shall excuse performance of this provision by the CITY. Maintenance Memorandum of Agreement between Florida Dcpattmcnt ofTranspmtation and City of Miami Beach Page 8 of 11 274 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF MIAMI BEACH: STATE OF FLORIDA BY: --------------------------CITY Mayor DEPARTMENT OF TRANSPORTATION: BY: -----------------------------District Director of Transportation Operations ATTEST: __________________ (SEAL) ATTEST: ------------------------ BY CITY Clerk Executive Secretary LEGAL REVIEW: BY: ----------------------------District Chief Counsel Maintenance Memorandum of Agreement between Flolida Department of Transportation and City of Miami Beach Page 9 of 11 275 EXHIBIT 'A' PROJECT LIMITS Below are the limits of the landscape and irrigation to be maintained under this AGREEMENT. State Road Number: AlA/Indian Creek Agreement Limits: From 44~ Street (M.P. 0.000) to 41st Street (M.P. 0.198) County: Miami-Dade Maintenance Memorandum of Agreement between Florida Depmtment of Transportation and City of Miami Beach Page 10 ofll 276 EXHIBIT 'B' CITY RESOLUTION To be herein incorporated once ratified by the CITY Comrnissioners. Maintenance Memorandum of Agreement between Flcnida Depmtmcnt of Tran&pottation and City of Miami Beach Page 11 of 11 277 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LANDSCAPE AND IRRIGATION MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE RELOCATION OF LANDSCAPE ALONG STATE ROAD A1AIINDIAN CREEK DRIVE FROM 42"d STREET TO 44th STREET, AS PART OF THE STATE ROAD A1AJ INDIAN CREEK DRIVE PROJECT, FROM 42"d STREET TO 44th STREET AND STATE ROAD A1A/COLLINS AVENUE/INDIAN CREEK DRIVE PROJECT ALONG 43rd STREET. WHEREAS, the Florida Department of Transportation (FOOT) is planning to construct improvements on State Road (SR) A 1A/Indian Creek Drive from 42 11 d Street to 44th Street and on SR A 1A!Collins Avenue/Indian Creek Drive along 43rct Street (Project); and WHEREAS, the purpose of the Project is to improve storm water infrastructure and traffic safety; and r WHEREAS, the Project will include modifications to the existing median on Indian Creek Drive and the construction of storm water drainage improvements along 43rd Street which will help alleviate flooding and enhance the City's storm water drainage system and the FOOT storm water drainage system; and WHEREAS, in order for FOOT to construct the necessary storm water drainage and safety improvements as part of the Project, the relocation of existing coconut palm trees is required; and WHEREAS, FOOT has agreed to relocate the coconut palms to other areas within the Project; and WHEREAS, a Landscape and Irrigation Maintenance Memorandum of Agreement is required in order for FOOT to perform the required tree relocations and stipulate landscape maintenance responsibilities between the parties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute a Landscape and Irrigation Maintenance Memorandum of Agreement, with the Florida Department of Transportation, for the relocation of landscape along State Road A 1A/Indian Creek Drive from 42nd Street to 44th Street, as part of the State Road A 1AI Indian Creek Drive Project, from 42 11d Street to 44th Street and State Road A 1A!Collins Avenue/Indian Creek Drive Project along 43rd Street. 278 PASSED AND ADOPTED this 8th day of May, 2013. ATTEST: Matti Herrera Bower, Mayor T:\AGENDA\2013\5·8·13\FDOT Landscape and Irrigation MMOA for Indian Creek Drive and 43 St RESO 279 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving ThE Grant Of Three Easements To The Florida Department Of Transportation (FOOT) For The Construction, Installation, Maintenance, Repair, And Replacement Of: 1) A Stormwater Pump Station And Associatec Infrastructure On West Avenue At 61h Street; 2) A Stormwater Pump Station And Associated InfrastructurE At The Western Terminus Of 1 01h Street; And 3) A Storm water Pump Station And Associated InfrastructurE At The Western Terminus Of 141h Street; Provided, However, That The Aforestated Grant Is Subject To Anc Contingent Upon A Successful Negotiation Of The Final Easement Agreement Between The City Ana FOOT, Which Easement Agreement, If Successfully Negotiated And Finalized, Shall Be Subject To Fina Approval By The City Manager And City Attorney; Further Authorizing The Mayor And City Clerk To ExecutE The Final Easement Agreement, If And When Finalized. Key Intended Outcome Supported: Q_121prove sto~_m drainage cityw_ide Su orting Data Surveys, Envir~nmental Scan, etc.): _ _ -·--:o Per the Cu?tomer Satisfaction Survey, only 44% of residents rat~d storrJl_drainage as excellent or good.] Item Summary/Recommendation: The Florida Department of Transportation (FOOT) is proposing to install three storm water pump stations on Alton Road as part of the improvements planned between 51h Street and Michigan Avenue. The pump stations are located on West Avenue at 51h Street, Alton Road at 1 01h Street, and Alton Road at 141h Street. The FOOT contractor has submitted a cost savings initiative to FOOT to relocate these pump stations. The City has stated to FOOT that it fully endorses the cost savings initiative to reduce traffic impacts to the residents and businesses on Alton Road, West Avenue, and Lenox Avenue and for ease of long-term maintenance of the pump stations. Granting conceptual approval of the easement agreement now will expedite the re-design and permitting of the pump stations and the adjustment of utilities, which would not otherwise begin until FOOT grants approval of the cost savings initiative. The time saved will allow the pump stations to be constructed earlier. This will provide much improved storm water service to the area at an earlier date and reduce the risk of the contractor abandoning the cost savings initiative for fear of exceeding the allowable contract time and incurring liquidated damages. The Administration recommends adopting the Resolution. Advisory Board Recommendation: c· ----. . --· Financial Information: Source of 1· # Amount· =r== Account Approved Funds: r-----I ' 1 t-lj 1-----------------2 3-c-I E L_j I I 4 I t==-t!otal ------OBPI I I I I ----Financial Impact Summary: ----·-~---· City Clerk's Office Legislative Tracking: I I Richard Salt~ck, Public Works-X6565 ' '-----____________________ _.] Sign-Offs: MfAMlBEACH 280 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: May 8, 2013 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPRO lNG THE GRANT OF THREE EASEMENTS TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF: 1) A STORMWATER PUMP STATION AND ASSOCIATED INFRASTRUCTURE ON WEST AVENUE AT 6TH STREET; 2) A STORMWATER PUMP STATION AND ASSOCIATED INFRASTRUCTURE AT THE WESTERN TERMINUS OF 10TH STREET; AND 3) ASTORMWATER PUMP STATION AND ASSOCIATED INFRASTRUCTURE AT THE WESTERN TERMINUS OF 14TH STREET; PROVIDED, HOWEVER, THAT THE AFORESTATED GRANT IS SUBJECT TO AND CONTINGENT UPON A SUCCESSFUL NEGOTIATION OF THE FINAL EASEMENT AGREEMENT BETWEEN THE CITY AND FOOT, WHICH EASEMENT AGREEMENT, IF SUCCESSFULLY NEGOTIATED AND FINALIZED, SHALL BE SUBJECT TO FINAL APPROVAL BY THE CITY MANAGER AND CITY ATTORNEY; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL EASEMENT AGREEMENT, IF AND WHEN FINALIZED. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the resolution. BACKGROUND The Florida Department of Transportation (FOOT) is proposing to install three stormwater pump stations on Alton Road as part of the improvements planned between 5th Street and Michigan Avenue. The pump stations are to be located on West Avenue at 5th Street, Alton Road at 1oth Street, and Alton Road at 14th Street. During the FOOT design phase, the City unsuccessfully tried to convince FOOT to relocate the pump stations from the Alton Road travel lanes where the City believes that the impacts associated with installing the pumps in the street and the subsequent need to close the street during pump station maintenance can be reduced by relocating the pump stations. The FOOT contractor also believes that these pump stations can be constructed for less money if relocated to the street ends. Consequently, it has submitted a cost savings initiative to FOOT requesting permission to relocate the pump stations from West Avenue at 5th Street, from Alton 281 City Commission Memorandum -FDOT Alton Road MayB,' 2013 Page 2 of3 Road at 1oth Street, and from Alton Road at 14th Street to West Avenue at 6th Street and the 1oth Street and 14th Street ends at Biscayne Bay, respectively. The City has stated to FDOT that it fully endorses the cost savings initiative for two reasons: 1. Reduction in traffic impacts to the residents and businesses, particularly on Alton Road, West Avenue, and Lenox Avenue during construction 2. Ease of long~term maintenance of the pump stations Under the current plans, the maintenance of traffic plan developed for this project consists of six phases with multiple sub~phases. The construction of the pump station on West Avenue at 5th Street would require nighttime shut downs of the westbound lanes to the MacArthur Causeway/1~395. It would also close the outside through lane full~time. Southbound West Avenue traffic would be detoured to Alton Road at 6th Street during this construction. The pump station construction on Alton at 1oth Street and 14th Street requires the closure of Alton Road to all but local traffic for the duration of the construction. There would be multiple restrictions to traffic flow on Lenox Avenue, gth Street, 11th Street, 1 th Street, 151h Street, and West Avenue because of the detours. Once the pump stations are constructed and in operation, the City will be maintaining them. Due to the brackish groundwater and potential for accelerated corrosion of the pumps, motors, and equipment, it is estimated that City will need to access the pump stations for maintenance six to twelve times per year. In the presently proposed locations, the City will need to close the !eft~turn lane, the inside northbound lane, and the inside southbound lane on Alton Road to perform maintenance of the pump stations on 1 01h and 14th Street. ANALYSIS FOOT requires that its facilities located outside of its right-of-way be placed in easements. The City has already provided easements to FOOT along 1oth and 14th Streets for the proposed construction of its outfall piping through Resolution No. 2012-27970 approved at the July 18, 2012 Commission meeting. However, the proposed pump stations would not fit within the existing easement areas. Therefore, additional easement areas would be needed in order to relocate the pump stations as proposed. Typically, FOOT requests easements for its facilities in the City right-of-way during the design phase of a project, and time is built into the schedule for negotiation of the easement agreements and their execution by the City Commission. However, this project is already in construction, and residents are being impacted by the work. Granting conceptual approval of the easement agreement now will expedite the re-design and permitting of the pump stations and the adjustment of utilities, which would not otherwise begin until FOOT grants its approval of the cost savings initiative. At this time, it is uncertain when that will occur. The time saved will allow the pump stations to be constructed earlier. This will provide much improved stormwater service to the area at an earlier date and reduce the risk of the contractor abandoning the cost savings initiative for fear of exceeding the allowable contract time and incurring liquidated damages. The proposed locations of the pump stations at the 1 01h Street and 141h Street ends have been determined. The precise location of the pump station proposed to be relocated from West Avenue at 51h Street to West Avenue at 61h Street is not yet determined. Therefore, the FOOT contractor is proposing to begin construction on the 1oth and 14th Street pump stations and to construct the 6th Street pump station once its location is finalized. The additional area of the proposed easement on 1oth Street is approximately 1 ,650 .8 square feet, and the additional area of the proposed easement on 141h Street is approximately 840.5 square feet 282 City Commission Memorandum-FDOT Alton Road May8,' 2013 Page 3 of3 (Attachments A and 8, respectively). The area of the 6 1h Street easement is expected to be of similar size. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the resolution noting that these easements will only be granted upon approval of the cost savings initiative by FOOT and successful negotiation of an easement agreement. Attachments: A. B. MT/JJF/RWS Sketch and Legal Description of the 1 01h Street Proposed Easement Sketch and Legal Description of the 141h Street Proposed Easement T:\AGENDA\2013\May 8\FDOT Alton Road Memo.doc 283 N 0.Y)If10" W L01 10 BlOCK BO SU68iVISlO!\I OF LOT [!(:HTY Of TH[ ALTON BEACH REALTY COMJ-'4NY PLAT BOOK 6, P.AGL 1~ N 86'21'50" [ N 00 ~ I >-"' f.D '·"' 7 > <( u tn =:J 16 :)o· C"C >tfF<.~U'I!( /~AS£1 N>lt: S\;f', ~'[\" _../ 10th STRE.ET (::cl'Fl/W) -----------~--------l;:'GA\. ;)f.SCRIPll{)l'll H/'ii'__. LQ~ 15 BLOCK I 1\MENDE:D PL;q FELTV'/000 Si.)8[)1V!SJQN PLA1 !3001< 28. P.!.\G[. 34 SK;~J:.~H ANQ_l,_~~L Q_I::'_SCRlf'T!ON:. SC•'LL ,····!'' CDN1All\jlo'J(: <65-0 8 SO\Ji'\R( r·cr 1 MCHE: OR l[SS. !.IO:ftil.'lmHOCU PUBLIC WORKS DEPARTMENT l!TU ~7<.>~ L':>W\'>:1-liiO"~r,N':I'Il:YIM. 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S~ffll£'i'QR:S Mol!; MAPPCRS Pl.IRSUA/>01 10 (')1.APT~:R 5,:-If ()< TH:f. fU~,iJA 1"0M<NISTF!: ... 11\'[ CCf)( "1{11 V/,UI) Vf11HCt)l Ti-.t 5•CNATtH'"~':>iD S(IC\.u~[[l I "''~~;;;~;·~~-----j~~J,t~;:·:~"~~~~N~·:~' J ~-----------! --~ ~i~;~~\<M·:~:::~\~' (" ''""' .<7~<~;;~; WM< O'rl•w _;!_,\.l.!_q.L A!;:VIS'ON .o.P>"1-' fl.Y 1 0111o· f.l4/7~/1J S'''"'' I ~-: I f)r~·...:.">\,,_f;£:;11_0 __ RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE GRANT OF THREE (3) EASEMENTS TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF: 1) A STORMWATER PUMP STATION AND ASSOCIATED INFRASTRUCTURE ON WEST AVENUE AT 6TH STREET; 2) A STORMWATER PUMP STATION AND ASSOCIATED INFRASTRUCTURE AT THE WESTERN TERMINUS OF 10TH STREET; AND 3) A STORMWATER PUMP STATION AND ASSOCIATED INFRASTRUCTURE AT THE WESTERN TERMINUS OF 14TH STREET; PROVIDED, HOWEVER, THAT THE AFORESTATED GRANT IS SUBJECT TO AND CONTINGENT UPON SUCCESSFUL NEGOTIATION OF THE FINAL EASEMENT AGREEMENTS BETWEEN THE CITY AND FOOT, WHICH EASEMENT AGREEMENTS, IF SUCCESSFULLY NEGOTIATED AND FINALIZED, SHALL BE SUBJECT TO FINAL APPROVAL BY THE CITY MANAGER AND CITY ATTORNEY; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL EASEMENT AGREEMENTS, IF AND WHEN FINALIZED. WHEREAS, the Florida Department of Transportation (FOOT) is proposing to install three (3) stormwater pump stations on Alton Road as part of the improvements planned between 51h Street and Michigan Avenue; and WHEREAS, the pump stations are to be located on West Avenue, at 51h Street; Alton Road, at 10th Street; and Alton Road, at 141h Street; and · WHEREAS, the City believes that the impacts associated with installing the pumps in the street, and the subsequent need to close the street during pump station maintenance, can be reduced by relocating the pump stations; and WHEREAS, the FOOT contractor has submitted a cost savings initiative to FOOT requesting permission to relocate the aforestated pump stations from their proposed locations above, to new locations at West Avenue, at 6th Street; and the 101h Street and 14th Street ends at Biscayne Bay; and WHEREAS, relocating these pump stations will result in reduced traffic impacts to the residents and businesses on Alton Road, West Avenue, and Lenox Avenue during construction, and will make the long-term maintenance of the pump stations less impactful; and WHEREAS, FOOT requires that its facilities located outside of its rights-of-way be placed within easements granted to FOOT; and WHEREAS, FOOT will require three (3) easements in order to relocate the pump stations to the proposed new locations; and WHEREAS, granting approval of the easement agreements now subject and conditioned upon successful negotiation of the final agreements, will expedite the re-design and permitting of the pump stations and the adjustment of utilities (which would not otherwise begin until FOOT grants its approval of the cost savings initiative); and WHEREAS, the time saved will allow the pump stations to be constructed earlier, providing much improved stormwater service to the area at an earlier date and reducing the risk of the FOOT contractor abandoning the cost savings initiative for fear of exceeding the allowable contract time and incurring liquidated damages; and 286 WHEREAS, the proposed locations of the pump stations at the 1oth Street and 14th Street ends have been determined, but the precise location of the pump station at West Avenue and 6th Street has not yet been determined. 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 the grant of three (3) easements to the Florida Department Of Transportation (FDOT) for the construction, installation, maintenance, repair, and replacement of: 1) a stormwater pump station and associated infrastructure on West Avenue at 6th Street; 2) a stormwater pump station and associated infrastructure at the western terminus of 1oth Street; and 3) a stormwater pump station and associated infrastructure at the western terminus of 14th Street; provided, however, that the aforestated grant is subject to and contingent upon successful negotiation of the final easement agreements between the City and FDOT, which easement agreements, if successfully negotiated and finalized, shall be subject to final approval by the City Manager and City Attorney; further authorizing the Mayor and City Clerk to execute the final easement agreements, if and when finalized. PASSED AND ADOPTED this 8th day of May, 2013. ATTEST: Matti Herrera Bower, Mayor T:\AGENDA\2013\May 8\FDOT Alton Road Reso.doc 287 COMMISSION ITEM SUMMARY Condensed Title: A Resolution further extending, on a month-to-month basis, the Management and Operating Agreements between the City and The Market Company, Inc., for the operation of the Green Markets on Lincoln Road and Normandy Isle and between the City and Production Sud, Inc., for the operation of the Antique and Collectibles Market on Lincoln Road, until such time that a Request for Proposals (RFP) process results in the selection and execution of a new contract or contracts for the management and operation of street markets. Ke Intended Outcome Su orted: Increase satisfaction with Family Recreational Activities Supporting Data (Surveys, Environmental Scan, etc.): Recreational activities received excellent or good ratings from 85% of residents interviewed in the 2012 Resident Satisfaction Survey. Extending the markets on a month-to- month basis will ensure that this popular weekend activity will continue uninterruptedly until such time that an RFP process results in the selection and award of new contracts to operate and manage streel markets in various areas of the Cit . Item Summary/Recommendation: On September 6, 2006, pursuant Resolution No. 2006-26281, the City entered into three (3) separate Management and Operating Agreements with The Market Company, Inc., for the operation of the Green Markets on Lincoln Road, Espanola Way and Normandy Isle. A separate Management and Operating Agreement was provided to Production Sud, Inc. for operation of the Antique and Collectibles Market on Lincoln Road. All agreements commenced on October 1, 2006 and terminated on September 9, 2009. On July 1, 2009, the City approved the sole renewal options in the respective Agreements, extending the terms for an additional three (3) years, which expired on September 30, 2012, with no renewal options remaining. The Espanola Way market has since closed due to lack of interest by the vendors. At the May 17, 2012 Finance and Citywide Projects Committee meeting, the Committee recommended issuing the Request for Proposals (RFP); and that the RFP be broad enough for a market in locations other than where the markets are today; and recommended that the current agreement(s) be allowed to continue on a month-to-month basis until the process was completed. On September 12, 2012, the City Commission adopted a resolution extending the Management Agreements with The Market Company and Production Sud on a month-to-month basis, for a period not to exceed eight (8) months, commencing on October 1, 2012 and ending May 31,2013, and further authorizing the Administration to initiate a new Request for Proposals (RFP) process. Staff has been unable to complete the new RFP process in time to have new Market Agreements in place by May 31, 2013. It is anticipated that the scope and identification of locations for a new RFP will be complete in time for the City Commission's consideration by July 2013. Accordingly, the selection process is expected to be complete and a recommendation for new Management Agreements will be presented to the City Commission in September 2013. In the meantime, the Administration recommends approving an additional extension to the existing Management Agreements with The Market Company for the Lincoln Road Green Market and the Normandy Village Street Market, and with Production Sud for the Antiques and Collectibles Market to continue operating on a month-to-month basis, until such time as the new RFP process is concluded and the new resulting Management Agreements are approved by the City Commission Ma 17, 2012 Financial Information: Source of Funds: Amount ll Total OBPI Financial Impact Summary: N/A Ci Clerk's Office Le islative Trackin Anna Parekh, extension 6471 artment Director Assistant Cit GENDA\2013\05-08-13\Markets Agreement Extension-Summ (2).doc f9 MIAMI BEACH 288 Account Approved AGENDA ITEM _G;;;__7-=0:....__ DATE 5:8--/3 ~ MIAMI BEACH - City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Mem ers of the ck_commission Jimmy L. Morales, City Manager ~ ~ May 8, 2013 l A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FURTHER EXTENDING ON A MONTH-TO-MONTH BASIS THE MANAGEMENT AND OPERATING AGREEMENTS BETWEEN THE CITY AND THE MARKET COMPANY FOR THE OPERATION OF THE GREEN MARKETS ON LINCOLN ROAD AND NORMANDY ISLE; AND THE MANAGEMENT AND OPERATING AGREEMENT BETWEEN THE CITY AND PRODUCTION SUD, INC., FOR THE OPERATION OF THE ANTIQUE AND COLLECTIBLES MARKET ON LINCOLN ROAD, UNTIL SUCH TIME THAT A REQUEST FOR PROPOSALS (RFP) PROCESS RESULTS IN THE SELECTION AND EXECUTION OF NEW CONTRACT OR CONTRACTS FOR THE MANAGEMENT AND OPERATION OF STREET MARKETS IN MIAMI BEACH AT VARIOUS LOCATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs BACKGROUND On September 6, 2006, the Mayor and City Commission adopted Resolution No. 2006-26281, awarding, pursuant to RFP 30-05/06, the operation and management of green markets on Lincoln Road, Espanola Way, and Normandy Isle to The Market Company, Inc., and the operation and management for the Antique and Collectibles Market on Lincoln Road to Production Sud, Inc. (collectively referred to as the Markets). The City entered into four separate Management and Operating Agreements (Management Agreements} governing each of the Markets, each commencing on October 1, 2006 and terminating on September 9, 2009. The Management Agreements provided for an extension of the respective terms for an additional three (3} years, all of which were approved by the City on July 18 \ 2009. It should be noted that shortly after the renewal options were approved, the Espanola Way Market was closed due to lack of interest by the vendors. The permitted uses for each Market currently is as follows: Lincoln Road Green Market: includes fruits, vegetables, juices, nuts and other related products; plants and cut flowers; 289 May 8, 2013 Resolution Extending the Existing Market Agreements and Referring a Discussion to the Neighborhood/Community Affairs Committee. Page 2 of 5 Normandy Village Street Market: includes arts and crafts; fruits, vegetables, cut flowers, orchids and other related green market products; tropical fruit preserves, dressings, dried fruits and nuts, honey and organic produce; Antiques and Collectibles Market: includes antiques; vintage goods; and collectibles. With no additional renewal options remaining, the current terms were to expire on September 30, 2012. However, at the May 17, 2012 Finance and Citywide Projects Committee meeting, the Committee recommended issuing the Request for Proposals (RFP); with the provision that the RFP be broad enough for a market in locations other than where the markets are today; and recommended that the current agreement(s) be allowed to continue on a month-to-month basis until the process was completed. In addition, staff was directed to review and research the per day charge for electrical service. On September 12, 2012, pursuant to the recommendation of the Finance and Citywide Projects Committee, the City Commission adopted a resolution extending the Management Agreements with The Market Company and Production Sud on a month-to-month basis, for a period not to exceed eight (8) months, commencing on October 1, 2012 and ending May 31, 2013. The resolution also authorized the Administration to begin working on a new Request for Proposals (RFP) process to solicit interest in managing and operating street markets on Miami Beach in one or more of the four locations identified above, as well as to explore expanding the scope to include other areas of the City, provided the identified locations have the support of the respective neighborhood and/or neighborhood association, do not interfere with traffic circulation and parking and don't pose any life-safety and/ other code-related problems. While staff has been unable to complete the new RFP process in time to have new Market Agreements in place by May 31, 2013, it is anticipated that the scope and identification of locations will be complete in time for the City Commission's consideration and approval of the issuance of a new RFP by July 2013. Accordingly, the selection process is expected to be complete and a recommendation for new Management Agreements will be presented to the City Commission in September 2013. Prior to the completion of the scope for the RFP, staff will conduct due diligence and research how other communities handle green markets and the fee structures. An industry review process may also be conducted prior to the issuance of a new RFP. In the meantime, the Administration recommends approving an additional extension to the existing Management Agreements with The Market Company for the Lincoln Road Green Market and the Normandy Village Street Market, and with Production Sud for the Antiques and Collectibles Market to continue operating on a month-to-month basis, until such time as the new RFP process is concluded and the new resulting Management Agreements are approved by the City Commission. It is anticipated that a new RFP will be ready for issuance in July and that the selection process and recommendation for new Management Agreements will be complete and will ~resented to the City Commission in September 2013. JLM(l(rs¢\K~ T:\Agenda\20 13\May 8\Market Agreements Extension Mem(2).doc 290 RESOLUTION TO BE SUBMITTED 291 COMMISSION ITEM SUMMARY Condensed Title: Setting of the Public Hearing to consider an Ordinance Amendment creating an Historic District Overlay Buffer for the east side of the Alton Road corridor between 6th and 11th Streets, 14th and 15th Streets and 1ih Street to the Collins Canal. Ke Intended Outcome Supported: Maintain strong growth management policies. -Supporil.ng Data (Surveys, Environmental Scan, etc 48 6/o of residential respondents and 55% of businesses rate the effort ut forth by the Cit to re ulate development is "about the ri ht amount." Item Summary/Recommendation: Setting of the Public Hearing The proposed Ordinance would create an historic district overlay buffer for those portions of the Alton Road corridor between 61h and 11th Streets, 14th and 15th Streets and 17th Street to the Collins Canal. The Administration recommends that the City Commission set the required public hearing for a time certain on June 5, 2013 for this proposed amendment to the Land Development Regulations. Advisory Board Recommendation: ron August 24, 2010, the Planning Bo-a-rd:-t-ra-nsmitted the subject Ordinan"ce to the City Commission 1 by a vote of 3-2. ·----····----· Financial Information: u_n_t--1=-------A-ccount Source of Amo Funds: .. 1 -=t=-"" ------1 L~ 2 3 OBPI Total C"-=: .. ··--Financial Impact Summary: fn accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. By nature, a zoning district amendment does not have direct costs to the City, but it may affect long term revenue from property tax, sales tax and other revenue streams. Although some property owners have argued that the proposed overlay zoning will diminish their property values, the Administration believes that this is claim is highly speculative, especially if the Administration's alternate ordinance is adopted. The Administration's proposal would preserve all of the most valuable development rights on each parcel, with the exception of removing the .5 bonus FAR for residential use mixed with commercial uses. Since this is a bonus and not as-of-right floor area, it is difficult to say whether any real development would be sacrificed. There are no existing buildings in the district that have used this bonus. Counterbalancing any potential loss of development rights on private property is the companion ordinance creating Parking District #6, which will reduce minimum parking requirements thereby creating significant savings to private property owners in the cost of providing parking spaces. This ordinance is also expected to generally enhance property values throughout the neighborhood by permitting appropriately scaled infill development and by encoura~e development of smaller, l9cally .9riented b_l!~inesses;. ___ _ ~ity Clerk's Office _Legislative Tracking: I ~ha!d Lor~e~ or Thoma~ Mooney -------· ______ _j Sign-Offs: MJAMJBEACH 292 MIAMI BEACH City of Miami Beach, 1700 Convention Centor Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me City Commission FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 SUBJECT: Setting of the Public Hearing: Alton Road Historic District Buffer Overlay A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS," CREATING DIVISION 8 "ALTON ROAD-HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING SECTION 142-858 "LOCATION AND PURPOSE," AND SECTION 142-859 "DEVELOPMENT REGULATIONS," INCLUDING AMONG OTHER PROVISIONS REGULATIONS ON MAXIMUM FLOOR AREA RATIO; MAXIMUM BUILDING HEIGHT; MINIMUM SETBACKS; BUILDING SEPARATION;_DEMOLITION OR ADDITIONS TO CONTRIBUTING BUILDINGS IN AN HISTORIC DISTRICT; AND LAND USE REGULATIONS FOR LOCATION OF RETAIL USES, RESTAURANTS, BARS, ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC BEVERAGE ESTABLISHMENTS AND SIMILAR USES; REQUIRING CONDITIONAL USE APPROVAL OF SUCH USES IN EXCESS OF 10,000 SQ. FT.; AND PROHIBITING ALCOHOLIC BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN OPEN AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE ORDINANCE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Set the required public hearing for a time certain on June 5, 2013 for this proposed amendment to the Land Development Regulations. BACKGROUND In the Summer of 2006 the Historic Preservation Board initiated the westward expansion of the Flamingo Park Local Historic District to the east right~of-way line of Alton Road between 61h Street and 141h Street in order to protect the character of the adjacent National Register Historic District as well as the historically significant but yet unprotected properties along this stretch of Alton Road. It was noted by the board that recent commercial development trends along Alton Road could significantly adversely impact the quality of life and historic integrity of the National Register Historic District thereby undermining the cultural tourism appeal and quality of life of the city. 293 Commission Memorandum Setting Public Hearing -Alton Road Buffer Overlay May 8, 201·~--·---· ·---·--------·-···---·----Page 2 of 7 At the same time the Historic Preservation Board requested the Planning Department to initiate a major planning study of the Alton Road Corridor, including both sides of the road between 51h Street and Michigan Avenue, which should include an analysis and evaluation of existing uses and conditions, historically significant properties, permitted building heights, allowable FAR, parking conditions and requirements, the efficacy of current zoning, and the character of the public right-of-way with regard to pedestrian amenities, convenient means of transit, and quality of landscape. The board further requested that the Planning Department organize and advertise a series of community planning workshops, inviting members of the Historic Preservation Board and the Planning Board, in order to gain public input and insight from local business owners and residents so that the Department might develop a comprehensive set of planning and zoning recommendations for future development and preservation along the corridor that would enable healthy future growth and development without overwhelming or adversely impacting the historic character of the area. On January 16, 2008, the Mayor and City Commission approved Ordinance No. 2008- 3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 8 Street and 14 Street; and on January 28, 2009, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 6 Street and 8 Street The Planning Department conducted an analysis of existing conditions, issues and opportunities in the Alton Road corridor and held a community planning workshop on August 20, 2008 to receive community input on land use, zoning, business development, parking, transit and pedestrian/bicycle amenities. On January 27, 2009, the Planning Department presented preliminary findings and recommendations for the Alton Road Neighborhood Planning Study to the Planning Board. On February 26, 2009, the Planning Department and the Planning Board held a second community planning workshop on the Alton Road Neighborhood Planning Study to receive community input. Both community planning workshops were advertised by mailed notice to property owners, newspaper notice, and City email newsletters. On March 2, 2009, the Land Use and Development Committee adopted a motion directing the Planning Department to prepare an ordinance that would rezone the east side of Alton Road between 6 Street and 16 Street from the CD-2 district to the CD-1 district, and to review the uses and to the extent that there is a floor area incentive for mixed-use buildings, require that the additional FAR be set aside for affordable or workforce housing, and to refer the item to the Planning Board. On March 18, 2009, the Mayor and City Commission discussed the motion from the Land Use and Development Committee and clarified their intent to consider other options, including an overlay district that would remove the floor area ratio incentive for mixed-use projects. During the Planning Board meetings on April 21, 2009, May 26, 2009 and August 25, 2009, the Planning Department staff held additional detailed discussions with the Board on the proposed zoning modifications for the east side of Alton Road in the Flamingo Park Historic District. The proposed Alton Road-Historic District Buffer Overlay is the result of those discussions. On October 27, 2009, the Planning Board held a public hearing on the proposed overlay district and heard testimony from residents who were unhappy with some aspects of the draft ordinance. The Planning Board continued the hearing to the November 17 meeting and asked staff to meet with the concerned residents to try to resolve their issues. The 294 Commission Memorandum Setting Public Hearing-Alton Road Buffer Overlay May 8, 2013 ______ , __ ,_, ___ , ____ , ___ ' Page 3 of 7_ Planning Department held two meetings with the residents on October 30 and November 9, 2009, The public hearing at the Planning Board meeting on November 17, 2009 resulted in several additional amendments to the proposed ordinance. The Planning Board recommended approval of the amended overlay district by a vote of 5 to 0. Subsequently, the Administration made a determination that the amendments added to the ordinance during the November 17 1h public hearing, specifically amendments dealing with land use restrictions, may require a different type of notice to property owners than was provided for the previous public hearings. To avoid any legal challenges, the overlay district was brought back to the Planning Board in the same form as it was approved in November, 2009, with 30-day notice mailed to all property owners in and within 375 feet of the proposed overlay district. On February 25, 2010, the Land Use and Development Committee discussed the proposed Alton Road Historic District Buffer Overlay. The Committee recommended that the ordinance be approved, and indicated that it does not need to come back to them unless there is a major material change made by the Planning Board. On April 27, 2010, the Planning Board held a second public hearing on the proposed Alton Road Historic District Buffer Overlay district after the required 30-day mailed notice. The Planning Board voted 5 -0 to recommend approval of the ordinance with an amendment that deleted the "no variances" provision. Subsequently, at their meeting on May 25, 2010, the Board voted 3 -2 to reconsider their recommendation and to schedule the item for rehearing. On August 24, 2010, the Planning Board held a third public hearing on the proposed Alton Road Historic District Buffer Overlay district after the required 30-day mailed notice. Based on objections from commercial property owners who were not present during the first two hearings, the Board voted separately on each of several amendments to the ordinance. Individual amendments that were approved by the Planning Board have been incorporated into the ordinance. However, a final vote to recommend approval of the entire ordinance, as amended, failed by a vote of 3-2 (four affirmative votes are required to approve a request that requires City Commission approval). On November 1, 2010, the Administration hosted a meeting between attorneys representing certain property owners who objected to the ordinance and representatives from the neighborhoods in an attempt to forge a compromise on several limited points of disagreement. As a result of that meeting, the Administration is proposing an alternate version of the ordinance that we believe satisfies the most critical objections from both sides; while at the same time it represents sound planning principles and the interests of the city-at-large. A summary chart of the disputed issues and proposed changes to the ordinance is enclosed as Attachment A, and each issue is discussed in the analysis below. On November 17, 2010, the ordinance was scheduled for first reading. The Mayor and City Commission continued the first reading to the January 19, 2011 meeting and referred the item to the Land Use and Development Committee for discussion. The LUDC deferred the item on January 31, 2011, February 23, 2011, and April 21, 2011. On May 18, 2011 the LUDC moved the ordinance to pending items based upon failure of various stakeholders to agree on details of the proposed Alton Road Historic District Buffer Overlay district. On January 23, 2013, the Ordinance was transmitted by the Land Use Committee to the full City Commission with a favorable recommendation. 295 Commission Memorandum Setting Public Hearing -Alton Road Buffer Overlay May8,?013 ·--··· Page 4 of 7 ANALYSIS The purpose of the Alton Road -Historic District Buffer Overlay District is to minimize the impacts of development along Alton Road on residential properties located in the Flamingo Park Historic District and the Palm View Historic District. Specifically the overlay district is intended to apply to properties zoned C0-2 Commercial Medium Intensity that are adjacent to lower intensity RS-4 and RM-1 residential buildings in designated local historic districts. The overlay district regulations are intended to achieve a more compatible relationship of scale and massing between the Alton Road corridor and the adjoining residential neighborhoods. The locations of the proposed overlay district are as follows: Area 1 includes those properties fronting on the east side of Alton Road from 6 Street to 11 Street. Existing zoning is C0-2 adjacent to RM-1 in the Flamingo Park Historic District. Area 2 includes those properties fronting on the east side of Alton Road from 14 Street to 15 Street. Existing zoning is C0-2 adjacent to RS-4 in the Flamingo Park Historic District. Area 3 includes those properties fronting on the east side of Alton Road from 17 Street to the Collins Canal, except for the corner property adjacent to 17 Street. Existing zoning is C0-2 adjacent to RS-4 in the Palm View Historic District. The proposed ordinance limits the floor area ratio (FAR) to a maximum of 1.5 by removing the existing bonus of .5 FAR for mixed-use buildings. This will make new construction along Alton Road more compatible in scale and intensity with the adjoining historic neighborhood zoned RM-1, which has existing buildings that range from 0.5 to 1.25 FAR with a few scattered sites over 1.25 FAR During the planning process, various alternatives were considered, including down-zoning from C0-2 to CD-1, which has a maximum FAR of 1.0 with a mixed-use bonus of .25 FAR After much discussion and analysis, it was ultimately decided that 1.5 FAR is suitable for Alton Road development This is based on many factors, including the importance of Alton Road as a commercial corridor and the existing bus and potential future transit linkages (e.g. Bus Rapid Transit). From an urban design viewpoint, the proposed overlay district forms a gradual stepping up of the intensity from RM-1 on the residential neighborhood to the east, to a maximum of 1.5 FAR on the east side of Alton Road, to a maximum of 2.0 FAR on the west side of Alton Road, to a maximum of 2.25 FAR (2.75 for large lots) on the Bayfront in RM-3. However, it must be noted that FAR alone does not define the building envelop that is necessary to assure compatibility with the historic district. The height and setback regulations described below are also necessary to achieve this goal. Another alternative that was discussed during the planning process was to keep a FAR bonus for residential uses in a mixed-use building, but to make the bonus an incentive to provide affordable or workforce housing. The Planning Board did not support this recommendation due to their consensus to limit FAR to a maximum of 1.5. The maximum building height in the Planning Board recommended ordinance is 43 feet along Alton Road and a maximum of 23 feet in the rear portion of the lots within 50 feet from the rear property line for lots abutting an alley (Lenox Court) and within 60 feet from the RM-1 district for blocks with no alley between 8 Street and 11 Street. The 23 feet height limit in the rear of the lots is based upon maintaining consistency with the predominant 2-story height of existing buildings in the RM-1 district. For lots adjoining single family districts, the 23 feet height limit will also ensure a compatible transition in the rear portion of the commercial property. The administration has an alternative 296 Commission Memorandum Setting Public Hearing -Alton Road Buffer Overlay May 8, 2013 ----·------· ----~--- Page 5 o..!2:_ recommendation for maximum building height of 50 feet along the front portion of the lots fronting Alton Road and 28 feet in the rear portion of the lots. This change is based upon information supplied by property owners concerning industry standards for minimum ceiling heights in new retail, restaurant and office buildings. However, this recommendation is subject to building separation requirements for larger site development (see below) to prevent monolithic buildings at 50 feet height. The building height limitations in the proposed overlay district are coupled with rear yard setbacks to achieve the appropriate buffer between the RM-1/RS-4 districts and the C0- 2 district. Proposed minimum building setbacks in the rear yard are 25 feet for lots with no alley and 5 feet for lots with an alley. The existing C0-2 and CD-1 zoning districts have a 5 feet minimum rear setback irrespective of whether there is an alley (20 feet width) to provide adequate separation between the buildings. The overlay district proposes a minimum 5 feet setback on the front and side facing a street. This is necessary to provide adequate pedestrian circulation space to support alternative modes of transportation and sustain a vibrant commercial district. The overlay district as amended by the Planning Board has no minimum interior side yard setback, nor does it have provisions for building separation, lot aggregation or view corridors on larger lot assemblages. Instead, the Planning Board version of the ordinance contains language requiring architectural treatments on the fa9ades of buildings to be reflective of the 50 feet wide lot development pattern that is predominant in the historic district. This could be accomplished by such things as small variations in setbacks, window placement, or vertical and horizontal design elements on the fa9ade, subject to design review. This was the recommendation of the Planning Board in November 2009 following extensive workshop discussions wherein the Planning Department staff had recommended various formulas for requiring a complete physical separation between adjacent buildings on the upper stories above ground level retail. The intent was to prevent a continuous wall of 40-50 feet tall buildings that would be inconsistent with the small lot development pattern of the historic residential neighborhoods. The current recommendation from the Administration is retain the language developed by the Planning Board with the clarification of "east and west" facades, and to add a paragraph requiring building separation under limited circumstances as follows: "Any development greater than 43 feet in height on a lot with more than 150 linear feet of frontage along Alton Road shalf have a separation between all portions of the structure above a height of 28 feet, so that there is a minimum 15 feet wide view corridor running from east to west at least every 150 linear feet along the Alton Road corridor". The overlay district contains 9 contributing buildings in the Flamingo Park Historic District. Those contributing buildings are proposed to be subject to two of the same conditions applied to historic buildings in the adjoining RM-1 zoning district. Those include a prohibition on demolition of architecturally significant portions of the building and prohibition of building within a historic courtyard. Residents of the Flamingo Park neighborhood were concerned about impacts of noise and traffic from intensive commercial uses. Therefore, the proposed overlay district modifies the underlying C0-2 land uses in several ways. One of them is by prohibiting retail uses, restaurants, bars, entertainment establishments and similar uses at any level above the ground floor. An exception is provided for loft or mezzanine within the interior of a ground floor commercial space, provided that the loft or mezzanine does not exceed one third of the floor area of the store. Based upon objections from property owners, the current Administration recommended ordinance deletes the language limiting the loft or 297 Commission Memorandum Setting Public Hearing -Alton Road Buffer Overlay May 8, 29_12_._. ___ . Page 6 of 7 mezzanine to one third of the floor area, and replaces it with language permitting "a second floor within a ground floor commercial space, if it functions as one single contiguous establishment and is only accessible to the public through the contiguous ground floor commercial space." This would allow two full floors inside any given retail store, similar to CB2 or Borders book stores, but it would not allow multilevel shopping centers. No alcoholic beverage establishment, entertainment establishment or restaurant may be licensed as a main permitted or accessory use in any open area above the ground floor (any area that is not included in the FAR calculations) or at ground level in any open area within 125 feet of a residential district, except that residents of a multifamily (apartment or condominium) building or hotel guests may use these areas, which may include a pool or other recreational amenities, for their individual, personal use with appropriate buffering as determined by the Planning Department or applicable land use board with jurisdiction. No variance to this provision would be permitted. In accord with the objective of encouraging locally oriented retail and service uses that are compatible in scale and character with the historic districts, the overlay district requires conditional use approval for any individual retail, restaurant, bar, entertainment establishment or similar establishment in excess of a certain size threshold. The Planning Dept. conducted a detailed survey of businesses in the Alton Road corridor and determined that a threshold of 5,000 sq. ft. generally separates businesses that primarily serve the neighborhood population from businesses that primarily serve the entire city and beyond. To provide a generous margin of error, staff doubled the recommended threshold to 10,000 sq. ft. for conditional use approval. The Planning Board changed the conditional use threshold from 10,000 sq. ft. to 20,000 sq. ft. by a 4-2 vote at their meeting on August 24, 2010, based upon objections from property owners. The Administration's recommendation is to keep the original threshold of 10,000 sq. ft. per establishment for conditional use approval based upon the analysis conducted by the Planning Department. A majority of the discussions during the community workshops and Planning Board meetings centered upon the blocks between 6th and 11th Streets. However, it was noted that there is an incompatible scale relationship between the CD-2 zoning district and adjoining RS-4 single family zoning districts located in the 1400 block and the 1700 block. Down-zoning to CD-1 was considered for these two blocks, but the Planning Department recommends that the proposed overlay district will provide a more effective buffer than CD-1 due to the height and setback regulations in the overlay district. At their August 24, 2010 meeting, the Planning Board voted 5-1 to remove lots 15 and 16 from the overlay district (northeast corner of 17 Street and Alton Road). PLANNING BOARD REVIEW The Planning Board reviewed the proposed Ordinance on 3 separate occasions, as noted hereto: 1. On November 17, 2009 the Board recommended approval by a vote of 5 to 0. 2. On April 27, 2010, the Board recommended approval by a vote of 5 to 0. 3. August 24, 2010, the Board transmitted the Ordinance by a vote of 3 to 2. FISCAL IMPACT In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. By nature, a zoning district 298 Commission Memorandum Setting Public Hearing -Alton Road Buffer Overlay May 8, 2013 ---·--·---------___ P-=age 7of 7 amendment does not have direct costs to the City, but it may affect long term revenue from property tax, sales tax and other revenue streams. Although some property owners have argued that the proposed overlay zoning will diminish their property values, the Administration believes that this is claim is highly speculative, especially if the Administration's alternate ordinance is adopted. The Administration's proposal would preserve all of the most valuable development rights on each parcel, with the exception of removing the .5 bonus FAR for residential use mixed with commercial uses. Since this is a bonus and not as-of-right floor area, it is difficult to say whether any real development would be sacrificed. There are no existing buildings in the district that have used this bonus. Counterbalancing any potential loss of development rights on private property is the companion ordinance creating Parking District #6, which will reduce minimum parking requirements thereby creating significant savings to private property owners in the cost of providing parking spaces. This ordinance is also expected to generally enhance property values throughout the neighborhood by permitting appropriately scaled infill development and by encouraging the development of smaller, locally oriented businesses. SUMMARY The proposed ordinance was a companion item to the Alton Road Parking District No. 6 Parking District Ordinance. Ideally these two ordinances should be adopted together because they support one another. However, the Administration believes that the Alton Road Buffer Overlay Ordinance is valid as a standalone ordinance because it is based on the preservation and planning principles described in this memo. CONCLUSION The Administration recommends that the City Commission set the required Public Hearing for a time certain on June 5, 2013. JLMI JGG/Jcf&rRM t\agenda\2013\may 8\setting public hearing-alton road buffer overlay-mem.docx 299 RESOLUTION NO. ____ _ A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS," CREATING DIVISION 8 "ALTON ROAD -HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING SECTION 142-858 "LOCATION AND PURPOSE," AND SECTION 142-859 "DEVELOPMENT REGULATIONS," INCLUDING AMONG OTHER PROVISIONS REGULATIONS ON MAXIMUM FLOOR AREA RATIO; MAXIMUM BUILDING HEIGHT; MINIMUM SETBACKS; BUILDING SEPARATION;_DEMOLITION OR ADDITIONS TO CONTRIBUTING BUILDINGS IN AN HISTORIC DISTRICT; AND LAND USE REGULATIONS FOR LOCATION OF RETAIL USES, RESTAURANTS, BARS, ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC BEVERAGE ESTABLISHMENTS AND SIMILAR USES; REQUIRING CONDITIONAL USE APPROVAL OF SUCH USES IN EXCESS OF 10,000 SQ. FT.; AND PROHIBITING ALCOHOLIC BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN OPEN AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE ORDINANCE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, In the summer of 2006, the Historic Preservation Board initiated the westward expansion of the Flamingo Park Local Historic District to the east rlght-of~way line of Alton Road between 6 Street and 14 Street, and requested the Planning Department to initiate a major planning study of the Alton Road corridor, including both sides of the road between 5 Street and Michigan Avenue, to include an analysis and evaluation of existing uses and conditions, historically significant properties, permitted building heights, allowable FAR, parking conditions and requirements, the efficacy of current zoning, and the character of the public right-of-way with regard to pedestrian amenities, convenient means of transit, and quality of landscape. WHEREAS, on January 1, 2008, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 8 Street and 14 Street; and WHEREAS, the Planning Department conducted an analysis of existing conditions, issues and opportunities in the Alton Road corridor and held a community planning workshop on August 20, 2008 to receive community input on land use, zoning, business development, parking, transit and pedestrian/bicycle amenities; and WHEREAS, on January 27, 2009, the Planning Department presented preliminary findings and recommendations for the Alton Road Neighborhood Planning Study to the Planning Board; and WHEREAS, on January 28, 2009, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 6 Street and 8 Street; and 300 WHEREAS, on February 26, 2009, the Planning Department and the Planning Board held a second community planning workshop on the Alton Road Neighborhood Planning Study to receive community input; and WHEREAS, on March 2, 2009, the Land Use and Development Committee adopted a motion directing the Planning Department to prepare an ordinance that would rezone the east side of Alton Road between 6 Street and 16 Street from the C0-2 district to the CD-1 district, and to review the uses and to the extent that there is a floor area incentive for mixed-use buildings, require that the additional FAR be set aside for affordable or workforce housing, and to refer the item to the Planning Board; and WHEREAS, on March 18, 2009, the Mayor and City Commission discussed the motion from the Land Use and Development Committee and clarified their intent to consider other options, including an overlay district that would remove the floor area ratio incentive for mixed-use projects; and WHEREAS, on April 21, 2009, May 26, 2009 and August 25, 2009, the Planning Board held additional detailed discussions on the proposed zoning modifications for the east side of Alton Road in the Flamingo Park Historic District; and WHEREAS, the proposed "Alton Road -Historic District Buffer Overlay" district responds to concerns expressed by the Planning Board, the Land Use and Development Committee and local residents by requiring among other things, a more compatible relationship of scale and massing between new development along the east side of the Alton Road corridor and the adjoining residential neighborhoods, by promoting mixed- use development that makes efficient use of parking, by minimizing the concentration of impacts from intense retail and restaurant development and by encouraging smaller neighborhood-oriented uses; NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing shall be held on June 5, 2013 to consider the proposed amendment to the Land Development Regulations of the City Code. PASSED and ADOPTED this __ day of--------' 2013. ATTEST: CITY CLERK MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney Date T:\AGENDA\2013\May 8\Alion Road Buffer Overlay -Reso setting public hearing.docx 301 Alton Road Historic District Buffer Overlay ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS," CREATING DIVISION 8 "ALTON ROAD-HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING SECTION 142-858 "LOCATION AND PURPOSE," AND SECTION 142-859 "DEVELOPMENT REGULATIONS," INCLUDING AMONG OTHER PROVISIONS REGULATIONS ON MAXIMUM FLOOR AREA RATIO; MAXIMUM BUILDING HEIGHT; MINIMUM SETBACKS; BUILDING SEPARATION;_DEMOLITION OR ADDITIONS TO CONTRIBUTING BUILDINGS IN AN HISTORIC DISTRICT; AND LAND USE REGULATIONS FOR LOCATION OF RETAIL USES, RESTAURANTS, BARS, ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC BEVERAGE ESTABLISHMENTS AND SIMILAR USES; REQUIRING CONDITIONAL USE APPROVAL OF SUCH USES IN EXCESS OF 10,000 SQ. FT.; AND PROHIBITING ALCOHOLIC BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN OPEN AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE ORDINANCE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, In the summer of 2006, the Historic Preservation Board initiated the westward expansion of the Flamingo Park Local Historic District to the east right-of-way line of Alton Road between 6 Street and 14 Street, and requested the Planning Department to initiate a major planning study of the Alton Road corridor, including both sides of the road between 5 Street and Michigan Avenue, to include an analysis and evaluation of existing uses and conditions, historically significant properties, permitted building heights, allowable FAR, parking conditions and requirements, the efficacy of current zoning, and the character of the public right-of-way with regard to pedestrian amenities, convenient means of transit, and quality of landscape. WHEREAS, on January 1, 2008, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 8 Street and 14 Street; and WHEREAS, the Planning Department conducted an analysis of existing conditions, issues and opportunities in the Alton Road corridor and held a community planning workshop on August 20, 2008 to receive community input on land use, zoning, business development, parking, transit and pedestrian/bicycle amenities; and WHEREAS, on January 27, 2009, the Planning Department presented preliminary findings and recommendations for the Alton Road Neighborhood Planning Study to the Planning Board; and WHEREAS, on January 28, 2009, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 6 Street and 8 Street; and 302 WHEREAS, on February 26, 2009, the Planning Department and the Planning Board held a second community planning workshop on the Alton Road Neighborhood Planning Study to receive community input; and WHEREAS, on March 2, 2009, the Land Use and Development Committee adopted a motion directing the Planning Department to prepare an ordinance that would rezone the east side of Alton Road between 6 Street and 16 Street from the C0-2 district to the CD-1 district, and to review the uses and to the extent that there is a floor area incentive for mixed-use buildings, require that the additional FAR be set aside for affordable or workforce housing, and to refer the item to the Planning Board; and WHEREAS, on March 18, 2009, the Mayor and City Commission discussed the motion from the Land Use and Development Committee and clarified their intent to consider other options, including an overlay district that would remove the floor area ratio incentive for mixed-use projects; and WHEREAS, on April 21, 2009, May 26, 2009 and August 25, 2009, the Planning Board held additional detailed discussions on the proposed zoning modifications for the east side of Alton Road in the Flamingo Park Historic District; and WHEREAS, the proposed "Alton Road -Historic District Buffer Overlay" district responds to concerns expressed by the Planning Board, the Land Use and Development Committee and local residents by requiring among other things, a more compatible relationship of scale and massing between new development along the east side of the Alton Road corridor and the adjoining residential neighborhoods, by promoting mixed-use development that makes efficient use of parking, by minimizing the concentration of impacts from intense retail and restaurant development and by encouraging smaller neighborhood- oriented uses. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article Ill, "Overlay Districts," Division 8 "Alton Road -Historic District Buffer Overlay" is hereby created as follows: DIVISION 8. ALTON ROAD -HISTORIC DISTRICT BUFFER OVERLAY Sec. 142-858. Location and purpose. (a) The regulations of this division shall apply to properties within the following boundaries, which shall be known as the Alton Road -Historic District Buffer Overlay. (1) Area 1 shall be those properties fronting on the east side of Alton Road from 6 Street to 11 Street. more specifically described as Lots 9 thru 16, Block 105 and Lots 9 thru 16, Block 106, OCEAN BEACH, FLA. ADDITION W3, Plat Book 2, Page 81, Public Records of Miami-Dade County, Florida. TOGETHER WITH: Lots 6 thru 10, Block 122, Lots 7 thru 12, Block 123, and Lots 7 thru 12. Block 124, all in LENOX MANOR Plat Book 7, Page 15, Public Records of Miami- Dade County, Florida. 2 303 (2} Area 2 shall be those properties fronting on the east side of Alton Road from 14 Street to 15 Street, more specifically described as Lots 13 thru 24, Block 109, OCEAN BEACH, FLA. ADDITION N°3, Plat book 2, Page 81, Public Records of Miami-Dade County, Florida. TOGETHER WITH: Lots 3, and 4, Block 68, COMMERCIAL SUBDIVISION OF THE ALTON BEACH REALTY COMPANY, Plat Book 6, Page 5, Public Records of Miami- Dade County, Florida. (3) Area 3 shall be those properties fronting on the east side of Alton Road from 17 Street to the Collins Canal, more specifically described as Lots 10 thru 14.. Block 18, FIRST ADDITION TO COMMERCIAL SUBDIVISION OF THE ALTON BEACH REALTY COMPANY, Plat Book 6, Page 30, Public Records of Miami-Dade County, Florida. (b) The purpose of this overlay district is to minimize the impacts of development along Alton Road on residential properties located in the Flamingo Park Historic District and the Palm View Historic District. Specifically the overlay district is intended to apply to properties zoned CD-2 Commercial Medium Intensity that are adjacent to lower intensity RS-4 and RM-1 residential buildings in designated local historic districts. The overlay district regulations are intended to achieve a more compatible relationship of scale and massing between the Alton Road corridor and the adjoining residential neighborhoods, to promote mixed-use development that makes efficient use of parking, to minimize the concentration of impacts from intense retail and restaurant development and to encourage smaller neighborhood-oriented uses. Sec. 142-859. Development regulations. The following overlay regulations shall apply within the Alton Road -Historic District Buffer Overlay District. All development regulations applicable to and/or in the underlying zoning district shall apply, except as follows: (a) Maximum FAR. The maximum floor area ratio (FAR) in this overlay district shall be 1.5. The floor area ratio provision for mixed use buildings in section 142-307{d)(2) shall not apply in this overlay district. (b) Maximum building height. The maximum building height in this district shall be 50 feet and a maximum of 4 stories, except that building height shall be limited to 28 feet within 50 feet from the rear property line for lots abutting an alley (Lenox Court) and within 60 feet from the RM-1 district for blocks with no alley between 8 Street and 11 Street. There shall be no variances for building height. (c) Minimum setbacks. ( 1) Front - 5 feet. (2) Side facing a street - 5 feet. (3) Interior side-0 feet. 3 304 (4) Rear -for lots with a rear property line abutting an RM-1 or an RS-4 district the rear yard setback shall be a minimum of 25 feet; for lots with a rear property line abutting an alley (Lenox Court) the rear setback shall be a minimum of 5 feet; otherwise the rear setback shall be a minimum of 7.5 feet. (5) There shall be no variances for building setbacks, except for triangular lots. (d) Building separation: (1) The east and west facades of any building constructed on more than 50 linear feet of frontage along Alton Road shall be divided into segments with building massing and architectural treatments intended to be reflective of the 50 feet wide lot development pattern that is predominant in the historic district. (2) Any building greater than 43 feet in height with a footprint that occupies more than 150 linear feet of frontage along Alton Road shall have a separation between all portions of the building above a height of 28 feet. so that there is a minimum 15 feet wide view corridor running from east to west at least every 150 linear feet along the Alton Road corridor. (e) The following regulations shall apply to lots containing contributing buildings in the Flamingo Park Historic District within the Alton Road -Historic District Buffer Overlay. (1) Only those portions of a contributing building that were not part of the original structure on site, or that have not acquired any type of architectural significance, as determined by staff or the historic preservation board, may be issued a Certificate of Appropriateness for demolition. (2) For contributing buildings or properties, no building or structure shall be permitted within an existing historic courtyard. For purposes of this subsection, an historic courtyard shall be defined as a grade level space. open to the sky, which is enclosed on at least two sides by an existing building or structure on the same property and is an established architectural or historic component of the site or building design by virtue of significant features and/or finishes, including, but not limited to. paving patterns, fountains, terraces, walkways or landscaping. (f) Land Use: Main permitted uses. conditional uses and accessory uses shall be permissible as set forth in the CD-2 district regulations, with the following exceptions: (1) Retail uses, restaurants, bars, entertainment establishments and similar uses shall not be permitted at any level above the ground floor, except that a loft or mezzanine containing these uses may be permitted within the interior of a ground floor commercial space. This subsection shall not apply to existing and proposed retail uses in buildings existing in this district as of the effective date of this ordinance. (2) Any individual retail, restaurant. bar, entertainment establishment or similar establishment in excess of 1 O,OOQ square feet, inclusive of outdoor seating areas, shall require conditional use approval. The regulations in Chapter 4 305 142, Article V, Division 6, Entertainment Establishments, shall continue to apply to uses in this overlay district. (3) No alcoholic beverage establishment, entertainment establishment or restaurant may be licensed as a main permitted or accessory use in any open area above the ground floor (any area that is not included in the FAR calculations) or at ground level in any open area within 125 feet of a residential district, except that residents of a multifamily (apartment or condominium) building or hotel guests may use these areas, which may include a pool or other recreational amenities, for their individual, personal use with appropriate buffering as determined by the Planning Department or applicable land use board with jurisdiction. SECTION 2. 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 3. 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 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of-------· 20 . ATTEST: CITY CLERK First Reading: Second Reading: Verified by:--------- Richard G Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language T:\AGENDA\2013\May 8\Aiton Road Buffer Overlay-ORO 5 306 MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney Date G MIAMI BEACH City of Mlomi Beach, 1700 Con-veniion Center Drive, Miami Baacl\, Florido 33: 3ii>, www.miomibaachH.gov COMMISSION MEMORANDUM TO: FROM: DATE: Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim C~y Manager P-I- February 6, 2013 SUBJECT: REPORT OF THE JANUARY 23, 2013 LAND USE AND DEVELOPMENT COMMITTEE MEETING A Land Use and Development Committee meeting was held on January 23, 2013. Members in attendance were Commissioners G6ngora and Ubbin. Members from the Admini&tration and the public were also in attendance. Please see the attached sign-in sheet. The meeting was called to order at 3:15pm. 1. ALTON ROAD DISTRICTS; a) PROPOSED ALTON ROAD HISTORIC DISTRICT BUFFER OVERLAY. (DEFERRED FROM THE DECEMBER 19,2012 LUDC MEETING ORIGINALLY REQUESTED BY CITY COMMr8SION JANUARY 19. 2011 ITEM RSD) b) PROPOSED PARKING DISTRICT#& FOR THE ALTON ROAD CORRIDOR. (DEFERRED FROM THE DECEMBER 19, 2012 LUDC MEETING ORtGINALL Y REQUESTED BY CITY COMMISStON MOVEMQER 17. 2010 CITY COMMISSION MEETING, ITEM RSA) 6,EIEBKACDO~: Richard loroer introduced the proposed parking district ordinance and explained that the Planning Department contfnues to support the proposed reduction in parking for the Alton Road corridor. Jorge Gomez added that the provisions for hotel parking in this ordinance should be removed as the City is addressing the issue of hotel parking through other ordinances. Graham Penn representing the Galbut Project at 61h and Alton spoke in favor of the draft ordinance and requested a modification to the map of boundaries of the area, to include all of the Vitri parcel. Mark Needle, representing the Flamingo Pari< Neighbortlood Association, indicated that the residents would only consider that the parking reductions &hould be approved if the companion historic district buffer overlay ordinance was also moved forward. MOTION: Ubbin/G6ngora: (2.-0) Move both a) the Administration's recommendation, and b) Parking District #6, forward to the full Commission. 2. REDUCED PARKING RATES FOR HOTEL EMPLOYEES. (DEFERRED FROM THE DECEMBER 19,2012 LUOC MEETING ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON, Agenda Item C.. G..B 149 307 Date 2i"f::& RESOLUTION TO BE SUBMITTED 308 THIS PAGE INTENTIONALLY LEFT BLANK 309 R2 COMPETITIVE BID REPORTS COMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Award a Contract Pursuant to Invitation to Bid (ITB) No. 060-2013TC, for the Sunset Harbour Pump Stations Retrofit and Drainage Improvements; Authorizing the Mayor and City Clerk to Execute an Agreement with Lanzo Construction Co., Florida; in the Amount of $1,854,963.40 for the Construction of the Project, Plus Approve a Project Contingency of 10% for a Not-to-Exceed Grand Total of $2,040,459.74; 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 Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 79% of businesses rated recently completed capital improvement projects as "excellent" or "qood." Issue: I Shall the City Commission award the contract? Item Summary/Recommendation: This project will provide upgrades to three (3) existing storm water pump stations in the Sunset Harbour neighborhood to improve an inadequate existing storm water drainage system. The upgraded system wilt provide a greater level of stormwater service for the community and reduce the likelihood of future flooding events. The scope of services consists of replacing the existing pump station located at 20 1h Street and West Avenue with a new pump station, adding four (4) new injection drainage wells, constructing a new gravity storm sewer system, and connecting it to the existing drainage system. An alternate was also provided to replace the existing pumps and hardware for pump stations #1 and #2 located adjacent to Purdy Avenue. Invitation to Bid (ITB) 060-2013TC was issued on March 8, 2013, with an opening date of April 23, 2013. The pre-bid conference was held on March 20, 2013. The Public Group and Bidnet issued bid notices to 58 and 271 prospective bidders respectively of which a total of 29 accessed the advertised solicitation respectively. In addition, 77 vendors were notified via email, which resulted in the receipt of four (4) bids from: David Mancini & Sons; Lanzo Construction Co., Florida; Metro Equipment Service, Inc.; and, ManCon, Inc. After review of the bids received for responsiveness, staff determined, after consulting with the City Attorney's Office, that David Mancini & Sons, Inc., the lowest bidder at $1,535,481.03, was nonresponsive for failing to provide sufficient proof of project experience to meet the minimum requirements of the ITB. Accordingly, staff recommends that Lanzo Construction Co, Florida, the overall second-lowest bidder at $1 ,854,963.40, be considered for award. 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 and recommends to the Mayor and City Commission to award the construction contract to Lanzo Construction Co., Florida and authorize the Administration to engage in value engineering to further reduce the cost and time for completion of said project. Advisory Board Recommendation: IN/A Financial Information· Source of Amount Funds: 1 $1,974,840.00 ~) 2 $65,619.74 ( " I<>tal $2,04!),459.74 Financial Impact Summary: N/A MIAMI BEACH Account 427-2300-069357-Sunset Harbour Pump Station Upwades 431-2730-069357-Drainage Hotseots 311 AGENDA ITEM DATE & MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeodlfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Me bers of ~e City Commission Jimmy L. Morales, City Manager ~~ May 8, 2013 REQUEST FOR APPROVAL TO AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 060~2013TC, FOR THE SUNSET HARBOUR PUMP STATIONS RETROFIT AND DRAINAGE IMPROVEMENTS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LANZO CONSTRUCTION CO., FLORIDA; IN THE AMOUNT OF $1,854,963.40 FOR THE CONSTRUCTION OF THE PROJECT, PLUS APPROVE A PROJECT CONTINGENCY OF 10% FOR A NOT~TO-EXCEED GRAND TOTAL OF $2,040,459.74; 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 and ensure quality and timely delivery of capital projects. FUNDING $1,974,840.00 427-2300-069357-Sunset Harbour Pump Station Upgrades --:::-:--:-$765,619.74 431-2730-069357-Drainage Hotspots $2,040,459.74 Total BACKGROUND This project will provide upgrades to three (3} existing storm water pump stations in the Sunset Harbour neighborhood to improve an inadequate existing storm water drainage system. The upgraded system will provide a greater level of stormwater service for the community and reduce the likelihood of future flooding events. SCOPE OF SERVICES The scope of services consists of replacing the existing pump station located at 201h Street and West Avenue wHh a new pump· station, adding four (4) new injection drainage wells, constructing a new gravity storm sewer system, and connecting it to the existing drainage system. An alternate was also provided to replace the existing pumps and hardware for pump stations #1 and #2 located adjacent to Purdy Avenue. ITB PROCESS Invitation to Bid (ITB) 060-2013TC was issued on March 8, 2013, with an opening date of April 312 Commission Memorandum-ITB 060-2013TC-Sunset Harbour Pump Stations Retrofit May8, 2013 Page 2 23, 2013. The pre-bid conference was held on March 20, 2013. The Public Group and Bidnet issued bid notices to 58 and 271 prospective bidders respectively of which 24 and 5 accessed the advertised solicitation respectively. In addition, 77 vendors were notified via email. Bids were received from: • David Mancini & Sons, Inc. • Lanzo Construction Co. Florida • Man Con, Inc. • Metro Equipment Service, Inc. David Mancini & Sons, Inc., and ManCon, Inc., the lowest and highest bidders at $1,535,481.03 and $2,242,607 respectively, were deemed nonresponsive for failing to provide sufficient proof of project experience to meet the minimum requirements of the ITS. Also, Metro Equipment Service, Inc., the third-highest bidder at $1,963,000, was deemed nonresponsive for failing to submit omitted information that was requested by the Procurement Division. As a result, Lanzo Construction Co, Florida, the second-lowest bidder at $1 ,854,963.40, a responsive and responsible bidder, is recommended for award. CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and carefully considered the specifics of this ITS process and recommends to the Mayor and City Commission to award the construction contract to Lanzo Construction Co., Florida and authorize the Administration to engage in value engineering to further reduce the cost and time for completion of said project. CONCLUSION The Administration recommends the award of the contract to Lanzo Construction Co., Florida, pursuant to Invitation to Bid (ITB) 060-2013TC, for the Sunset Harbour pump stations retrofit and drainage improvements, in the amount of $1 ,854,963.40; plus approve a project contingency of 10% for a not-to-exceed grand total of $2,040,459.7 4; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project. JLM/KGBf~~AD 313 THIS PAGE INTENTIONALLY LEFT BLANK 314 COMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Award a Contract, Pursuant to Invitation to Bid (ITB) No. 013-2013TC, for the FEMA Impact Window Replacement Project; Authorizing the Mayor and City Clerk to Execute an Agreement with Sunryse Construction Services, Inc.; in the Amount of $1,012,451.41, for the Construction of the Project, Plus Approve a Project Contingency of 10% for a Not-to-Exceed Grand Total of $1, 113,696.55; 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 Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 79% of businesses rated recently completed capital improvement projects as "excellent" or "good." Issue: I Shall the City Commission award the contract? Item Summary/Recommendation: The windows and glass doors at the facilities located at 555 17 1r Street (555 Building), 1701 Meridian Avenue (777 Building), the 21 51 Street Community Center located at 2100 Washington Avenue, and Fleet ManagemenUSanitation buildings located at 140 MacArthur Causeway are not impact-resistant and are aging, and in some cases, leaking during rain events causing humidity and other issues. The federally-funded grant agreement received by the City will provide the opportunity to retrofit the windows and doors at these facilities. As a result, current windows and glass doors will be removed and replaced with impact-resistant windows and glass doors. This project is extremely time-sensitive in that the City's FEMA grant agreement expires on August 17, 2013, and all work must be completed by then if an extension is not granted. Invitation to Bid (ITB) 013-2013TC was issued on March 15, 2013, with an opening date of April 24, 2013. The Public Group and Bidnet issued bid notices to 50 and 192 prospective bidders respectively of which 24 prospective bidders accessed the advertised solicitation. In addition, 47 vendors were notified via email. The pH~-bid conference was held on March 25, 2013, which included a walkthrough of all four facilities that day for bidders to inspect each of the facilities. On April 3, 2013, as requested by bidders, a second walkthrough was conducted. Three (3) bids were received from: The Window Guys of South Florida, Inc.; Sunryse Construction Services, Inc.; Miami Beach Restoration d/b/a Miami Beach Storm Protection. After the review of bids received, staff determined, after consulting with the City attorney's office, that The Window Guys of Florida, Inc., the lowest bidder at $904,864.74, was nonresponsive for failing to fully complete the bid form, as required in the ITB. Accordingly, staff recommends that Sunryse Construction Services, Inc., Florida, the second-lowest bidder at $1 ,012,451.41, a responsive and responsible bidder, be considered for award. 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 Sunryse Construction Services, 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: N/A Financial Information: Source of Amount Fund~:.,.." 1 . $671,582.00 di~~ 2.. $442,114.55 ~~ Total · $1,113,696 .. 55 l-h•a1 "'a' Impact Summary: N/A MIAMI BEACH Account :. ~-"------ Fund 303 -Grant Funded Caeital Projects Fund 125-Capital Renewal and Replacement l 315 AGENDA ITEM Rc?. B_ DATE _5¥_..;..~--'-(:......:>"- it:\ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vvww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Memters of the Ci "\ J~.,_-~ FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 \\ SUBJECT: REQUEST FOR APPROVAL TO\J AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 013-2013TC, FOR THE FEMA IMPACT WINDOW REPLACEMENT PROJECT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SUNRYSE CONSTRUCTION SERVICES, INC.; IN THE AMOUNT OF $1,012,451.41, FOR THE CONSTRUCTION OF THE PROJECT, PLUS APPROVE A PROJECT CONTINGENCY OF 10% FOR A NOT- TO-EXCEED GRAND TOTAL OF $1,113,696.55; 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 and ensure quality and timely delivery of capital projects. FUNDING $671 ,582.00 Fund 303-Grant Funded Capital Projects $442, 114.55 Fund 125 -Capital Renewal and Replacement $1,113,696.55 Total BACKGROUND The windows and glass doors at the facilities located at 555 17th Street (555 Building), 1701 Meridian Avenue (777 Building), the 21st Street Community Center located at 2100 Washington Avenue, and Fleet Management/Sanitation buildings located at 140 MacArthur Causeway are not impact-resistant and are aging, and in some cases, leaking during rain events causing humidity issues. The federally-funded subgrant agreement has provided the City with the opportunity to retrofit the windows and doors at these facilities. As a result, current windows and glass doors will be removed and replaced with impact-resistant windows and glass doors. This project is extremely time-sensitive in that the City's FEMA grant agreement expires on August 17, 2013, and all work must be completed by then if an extension is not granted. SCOPE OF SERVICES The Contractor shall provide all labor, materials, equipment, supplies, insurance, fuels, permits, retirement of utilities, and any other items necessary to complete the existing conditions assessment, removal of existing windows and doors, and the design and installation of new impact resistant windows and doors at the locations noted above. 316 Commission Memorandum -/TB 060-2013TC-Sunset Harbour Pump Stations Retrofit May 8, 2013 Page 2 ITB PROCESS Invitation to Bid (ITB) 013-2013TC was issued on March 15, 2013, with an opening date of April 24, 2013. The pre-bid conference was held on March 25, 2013, which included a walkthrough of all four facilities that day for bidders to inspect each of the facilities. On April 3, 2013, at the request of the bidders, a second walkthrough was conducted for bidders to conduct further inspections, measurements, and selective demolitions. The Public Group and Bidnet issued bid notices to 50 and 192 prospective bidders respectively of which 20 and 4 accessed the advertised solicitation respectively. In addition, 47 vendors were notified via email. Bids were received from: • Miami Beach Restoration d/b/a Miami Beach Storm Protection • Sunryse Construction Services, Inc. • The Window Guys of Florida, Inc. The Window Guys of Florida, Inc., the lowest bidder at $904,864.74, was deemed nonresponsive for failing to fully complete the unit prices and quantities, as instructed in the unit price breakdown form. Also, Miami Beach Restoration d/b/a Miami Beach Storm Protection, the highest bidder at $1,176,339.03, was deemed nonresponsive for failing to provide material information (e.g. proof of licenses and work experience, etc.) that was requested by the Procurement Division. As a result, Sunryse Construction Services, Inc., Florida, the second- lowest bidder at $1 ,012,451.41, was the only bidder deemed responsive. CITY MANAGER'S DUE DILIGENCE 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 Sunryse Construction Services, 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. CONCLUSION The Administration recommends the award of the contract to Sunryse Construction Services, Inc., the lowest and best responsive bidder, pursuant to Invitation to Bid (ITB) 013-2013TC, for the FEMA Impact Window Replacement Project, in the amount of $1,012,451.41; plus approve a project contingency of 10% for a not-to-exceed grand total of $1, 113,696.55; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project. JLM/JG~AD 317 THIS PAGE INTENTIONALLY LEFT BLANK 318 R5 ORDINANCES COMMISSION ITEM SUMMARY Condensed Title: 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. SECOND READING AND PUBLIC HEARING 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 those, 54 separate entrees for locations in single family homes with a total of 182 days in total. Item Summary/Recommendation: On April18, 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 10(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. The City Commission C!QProved the Ordinance on first reading at the April17, 2013 meeting 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: 1 OBPI Total Financial Impact Summary: Amount City Clerk's Office Legislative Tracking: Max Sklar Sign-Offs: 17 ;pepjttment;t»irector Assis!a.!!f Cit» Manager tMGENDA\201~ y 8\Film and Print ORDINAblt;E Amend~nt SUMM doc do ex ""·~ MIAMI BEACH 320 Account ~ City Manager l AGENDA ITEM --'-f<-~...,..A __ DATE 5-fS~/_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: May 8, 2013 SECOND READING AND PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING HAPTER 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 The attached Ordinance was approved on first reading at the April 17, 2013 City Commission meeting following the direction from the Neighborhood and Community Affairs Committee at their March 18, 2013 meeting. Staff recommends approval of the proposed amendments to the Film and Print Ordinance 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. 321 City Commission Meeting Film and Print Ordinance Proposed Amendments May 8, 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 10(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 item at their March 18, 2013, meeting and recommended to tighten the ordinance and move it to the City Commission for consideration. The City Commission approved the Ordinance on first reading at the April17, 2013 meeting CONCLUSION The Administration recommends adopting the proposed ordinance on second reading. KB/MAS/GW T:\AGENDA\2013\May 8\Film and Print ORDINANCE Memo Second Reading.docx 322 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: CHAPTER12 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. 323 (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 setVices. 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 2 324 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 which the photography or filming occurs. Upon the request of any police officer or code compliance officer of the city, the mvner, lessee of the property or representative of the production company, shall produce such permit for inspection. b. Persons engaged in film and print activities without a permit, or other.vise 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 Vihich 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 with 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 $1 000.00; (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 3 325 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: .sL Pay the civil fine in the manner indicated on the Notice of Violation; or .!;L 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 . .Qllf 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 may be informed of such failure by 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 rea! 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 levy 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. @ The Special Master shall be prohibited from hearing the merits of the Notice of Violation or th~ consid~ration of th~ timelin~ss of a reguest 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 (10)(a) and (b). 4 326 .@.} 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. i!2l Violations for subsection (1 Q)(a). within a residential zoning district. must be issued to the property owner and the production company, who shall be joint and severally liable for the violation. i£1 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): {ill If the offense is a fourth offense within the preceding 12 month period of time. in addition to the fine set forth in subsection (10)(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. i!2l 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. i£1 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. 5 327 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 (10) days following adoption. PASSED AND ADOPTED this __ day of--------' 2013. ATTEST: RAFAEL GRANADO, CITY CLERK Underline denotes additions Strikethrough denotes deletions MA TTl HERRERA BOWER MAYOR 6 328 MIAMIBEAC:H CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING I NOTICE IS HEIIEBY given that a second readi~g and public heartng will be held by the Mayor and . ! City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd Floor, City Hail, 1700 Convention Genter Drive, Miami Beach, Flonda, on Wednesday, May 8,2013 to consider the following: 10:15 a.m. An Ordinance Amending Chapter 12 Of The Miami Beach Clty Code, Entitled "Arts, Culture And Entertainment," By Amending Artlde I Thereof, EntiUed ''Rim And Print Production Permits,' By Amending Section 10 Enmled "Enrorcement": And Providing For Repealer. COoii;cation, Severability, And An Effective Date. InQuiries may be directed to tile Tourism, Culture?, Economic Developmenl Department at {305~ 673-7577. 10:30a.m. An Ordinance Amending Chapter 10 01 The Mrami Beach City Code Entitled "Animals," By Amending Section 10-11, Entitled "Running At Large Prohibited," By Extending The Pilot Program Oil-Leash Area For Dogs In South Pointe Park Through And Including December 31, 2013; By Amending The Afternoon Off-Leash Hours In Tho 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 -l.eash Area From The Area South And East Of The Washington Avenue Entry Plaza To ~s Original LocatiOn In The Triangular Area South And West Of The Washington Avenue Entry Plaza; Providing For Repealer; Sevrcr8bility; Codification; And An Effective Date. Inquiries may be directed to the Parks & Recreation Department at (305) 573-7730. 11:00a.m. Ordinances Amending Procedures Ftlr Vendor Prelerence 1. An Ordinance Amending Section 2·372 Ot Tile Miami Beach City Code, Entitled 'Procedures To Provide Preference To Miami Beach-Based Vendors I~ COillracts Ftlr Goods And Colllraclual 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 B•d For At Least Ona {1} Year Prior To The Issuance Of The Bid, N; Well As Have The11 Buslnes,<; Headquarters. Or An Office Of The Business. Wlttlin The City For A Penod Of At Least One (1) Year Prior To TI1e Issuance Of The Bid; And Amending Section 2·372(2)(u) To limit Sucll Preference Only To Proposers; ProViding For COOI!icatlon, Repealer, Severability, A~d An Effective Date. 2. An Ordinance Amending Section 2-374 Of The Miami Beach City Code, Entrtied "Procedure To Provide Preference To Veterans in COntracts For Goods And. COntractual Services;" By Amending Section 2-37 4(2)(b) ll To Umlt Such Preference 0n11 To Proposors: Providing For COdillcation, Repealer, Severability, And An Eft octive Date. Inquiries may be directed to the Procurement Department at (305) 673-7490. INTERE5TEO PARTIES are rnvited fll appear at n,,s meeting, or be represented by an agent, or to express ltieir views in wnling addressed to the City CommissiGn, clothe Crty Clerk, 1700 Convention Center Drive, 1st Floor, City 1-lall, Miami Beecll, Florida 33139. Copies of these items are available lor public Inspection during normal business hours In the City Clerk's Office. 1'/0(' COnvention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued, and under such circumstances additional legal llOiice will not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 28&.0105, Fla. Stat., the City ilareby advises tile public t!Jat: if a peiSon decides to appeal any decision made by the City CornmissioA with respect to any matter considered at its meeting or its hearing, such person rnust ensure that a verbatim recorrJ o! the prou:edings is made, which record includes the testimony and evidence upon which the appear IS to be based. This notice does not constitute consent by the City for the introduction or admission of otnerwlse inadmissible or irrelevant evidence, nor does il authorize challenges or apj)eals not othe1wise a I' owed by law To request this material in accessible format, Brg~ langooge interpreters, Information on access for persons wilt1 disebil~ies and/or any accommodation to review any document or participate in aoy City-sponsured proceeding, please contact us !iVa days in arJ.iance at (305) 673-7411(voice~ or nv users may also call the Florida Relay Service at 711. Ad #774 329 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 6:00 P.M. and 9:00 P.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 entry plaza. Key Intended Outcome Supported: Increase satisfaction with recreational programs . ·-----~-----~--~--------~----~-------~ Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 85% of residents rated the City's Recreation programs as either excellent or good. Item Summa /Recommendation: SECOND READING -PUBLIC HEARING There have been several Commission/ Committee actions related to extending the dogs off leash in South Pointe Park pilot program. The most recent include: 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 conditions (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, an ordinance amendment extending the Off-leash Pilot Program through and including June 30, 2013, was presented to the City Commission with a motion being made to bring it back on first reading to the April17, 2013, Commission meeting changing the location of the off-leash dog area back to the lighthouse area (its original location), amend the afternoon weekday hours to between 6:00P.M. and 9:00P.M., and extend the pilot program through and including June 30, 2013. These actions were effective immediately. A second motion was approved directing the Administration to submit an application to the DRB incorporating native plant materials/grasses etc., in the lighthouse area to fvnction 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. April17, 2013, the attached ordinance amendment was approved on first reading and the City Commission scheduled the second reading and public hearing for May 8, 2013. The Administration recommends adopting the Ordinance Amendment following the 2nd reading and ublic hearing. Advisory Board Recommendation: ____ _ c -. __ __j Financial Information: Source of-----r-- I Amount Account Funds: -·- 1 I -L--~ 2 - 3 t ---OBPJ Total Financial Impact Summary: •. rity-Clerk'-~ Office Le~tlve T"'"ra:.;:_;c;...:.k=in_,g"'-:-·-------------------------·---, Si n-Offs: City Manager JLM T:\AGENDA\2013\May 8\Animal Ordinance Amendment Off Leash Pilot Program Extension-12-3h-3-summary.doc MIAMI BEACH 330 AGe.NoAnEM Rs B DATE 5· g'; I 3 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vvww.miamibeachfl.gov TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 SUBJECT: AN ORDINANCE OF THE MAYOR :AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI BEACH CITY CODE ENTITLED "ANIMALS," BY AMENDING SECTION 10~ 11, ENTITLED "RUNNING AT LARGE PROHIBITED," BY EXTENDING THE PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK THROUGH AND INCLUDING 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 Hold the Public Hearing and approve the Ordinance Amendment on Second 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). 331 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited-Second Reading-Public Hearing May 8 2013 City Commission Meeting Page 2 of 6 One of the initial discussion issues focused on the development of a dog park within South Pointe Park, an enclosed area similar to the dog parks in Flamingo, Washington Avenue, Pinetree, or Belle Isle, or one without a fence. The conclusion of the discussion was to build-out a larger dog park on Washington Avenue, diagonal from the then-existing dog park on Collins Avenue and 2nd street. It was also recommended that the City look at whatever amendments would be needed to permit a pilot, off-leash area in a designated section of South Pointe Park, with limited hours of use. The designation of an off-leash area was not only prohibited by City Code, but it was also prohibited by County Code. Since the initial discussions in early 2009, there have been several Commission/Commission Committee discussions concerning dogs off leash in South Pointe Park and the existing pilot program resulting in various actions. Select actions are as follows: • September 9, 2009, the City Commission approved, on second reading, an Ordinance amending Chapter 10 of the Miami Beach Code entitled "Animals" to allow the City Commission to designate specific off-leash areas for dogs in public parks, specifically for South Pointe Park. The action established morning off-leash hours (park opening (sunrise) to 9:00A.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, 20101 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 31 2011 I 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 (pu1lion 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 I 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 332 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited-Second Reading-Public Hearing May 8 2013 City Commission Meeting Page 3 of 6 plaza. The Commission also instructed the Administration to file an application to the Design Review Board (ORB) for the approval of a hedge in the newly established location. • March 6, 2012, the ORB held a hearing on the Administration's application for the approval of a hedge in the newly established location of the off-leash area in South Pointe Park. • March 13, 2012, ORB rendered an Order imposing conditions that effectively denied the Administration's request for a hedge by stating "there shall be no hedge to define the area" and the off-leash area "shall not be located In area #3, surrounding the arts in public places 'lighthouse project'." • 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 (ORB File No. 22894) pertaining to the design review approval for a hedge for a City Commission designated off-leash dog area within the western portion of South Pointe Park. • May 9, 2012, a City Commission item was introduced calling for a public hearing to consider the appeal of the Design Review Board Order in File No. 22894) pertaining to the design review approval for a hedge for a City Commission designated off-leash dog area within the western portion of South Pointe Park. In addition, a resolution setting forth an order (granting or denying) an appeal request by the City Manager of the City of Miami Beach, pertaining to a decision of the Design Review Board (ORB) for South Pointe Park was presented. At the conclusion of the discussion a motion was made by Vice-Mayor Libbin to continue the consideration of reversing the ORB 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 (ORB) for South Pointe Park was presented. Following a discussion the motion to support the appeal failed and the appeal of the ORB order was denied. • July 18, 2012, the City Commission held the public hearing and approved the ordinance on second reading extending the South Pointe Park Dog Off-leash Pilot Program through and until December 31, 2012. Additionally, the Commission requested the matter be sent back to the Neighborhood/Community Affairs Committee to discuss in greater detail the number of documented violations that have transpired since the South Pointe Park Dog Off-leash Pilot Program began in June, 2010. 333 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited-Second Reading-Public Hearing May8 2013 City Commission Meeting Page 4 of6 • November 14. 2012 ,_the City Commission: A) Adopted Resolution R?E which accepted the NCAC Committee's recommendations to; );> Bring the concept of a hedge for the off-leash dog area of South Pointe Park back to the City Commission, with the Commission further directing the Administration to file a new application for a hedge for the off-leash area to the Design Review Board as soon as possible; and >-Extend the off-leash pilot program through March 31, 2013. B) Amended and adopted the attached Ordinance on First Reading which extended the South Pointe Park Dog Off-Leash Pilot Program through and including March 31, 2013. • December 11. 2012, the Parks and Recreation Department submitted the application for a hedge for the off-leash area of the South Ponte Park to the Planning Department for presentation to the Design Review Board. • December 12, 2012, the City Commission held the public hearing and approved the ordinance on second reading extending the South Pointe Park Dog Off-leash Pilot Program through and including March 31, 2013. • February 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 C:l widtH 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. 334 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited-Second Reading-Public Hearing May82013 City Commission Meeting Page 5 of 6 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 took the following actions: • Relocated the off-leash area from west lawn location 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. • The Parks Division 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. • The Parks and Recreation Administration presented the concept plan to the residents of the South of Fifth Neighborhood Association at the April 4, 2013, SOFNA general meeting, to gain comments. At the conclusion of the presentation the SOFNA board discussed the concept plan and the approved the following motion; "SOFNA supports an off leash dog area in South Pointe Park, at a location selected in consultation with professionals as well as the input of the community." This motion was further clarified in an email from tho SOFN/\ President, Dr. Steven Mandy to the Administration on April 17, 2013, which stated "SOFNA is opposed to a fenced in dog off leash area in the prime spot of the lighthouse. Our resolution did not state that as clearly as it might have, but there was no approval of that location, and to the contrary, as I am sure you clearly heard, wide spread disapproval of that as the location': • The Parks and Recreation Administration hosted a publically noticed community meeting on Monday, April 15, 2013, in South Pointe Park to discuss the relocated South Pointe Park Dog Off-leash Area. 335 Ordinance Amendment To Chapter 10 -Section 10-11 Running At Large Prohibited-Second Reading-Public Hearing May 8 2013 City Commission Meeting Page 6 of 6 At the meeting, the Administration discussed the City Commission's directives given at its March 13, 2103, meeting. This included an explanation of the revised hours, a presentation of the draft landscape concept plan, and a discussion as to potential alternative locations in South Pointe Park for the Dog Off-leash Pilot Program Area. Following questions and comments by the residents in attendance, it was the majority opinion that the current location of the off-leash dog pilot program, in the triangular area south and west of the Washington Avenue entry plaza where the Lighthouse sculpture is located, was the location best suited for the South Pointe Park Dog Off-leash Pilot Program, and it should remain there. • The Parks and Recreation Department Administration has submitted the application for the Design Review Board's review of the landscape plan around perimeter of the relocated (lighthouse) dog off-leash area. At this time the application is scheduled to be heard at the June, 2013 Design Review Board meeting. This Ordinance Amendment was presented and approved on first reading by the Mayor and City Commission at the April 17, 2013, Commission meeting. CONCLUSION The Administration recommends adopting the Ordinance Amendment following the 2nd reading and public hearing. JLMIMTIKS Attachment T:\AGENDA\2013\May 8\Animal Ordinance Amendment Off Leash Pilot Program Extension-to 12-31-2nd rd & Public hearing- MEMO.docx 336 ' I w w ....... I I PROPOSED OFF-LEASH AREA APPROX 20,000 SF {14.000 SF USABLE SPACE) 0' ENTRANC.!= 10' LANDSCAPE BUFFER (TYP.): Muhfenbergia capilfaris Hairawn Muhly ~partina bakeri Sand Cordgrass RusseJia equisetiformis Firecracker Plant ··---1 0' ENTRANCE / ·-.. > WITH PROPOSED 450 LF VEGETATION ~ .. @ i fl 28 CUBIC YARDS RECYCLED ROUND WOOD MULCH COLOR PINE BARK BROWN INSTALL DRIP IRRIGATION FOR ESTABUS·~EMTENT AND EXTREME PERIODS OF DROUGHT 1\19TE 'FLORIDA NATIVE (1 0' LANDSCAPE BUFFER) /--· ··-.,, , APPRO~~ ! LIGHTHOUSE 1 \ ~~TFORM I ~CATION/1 GOVERNMENT CUT SOUTH POINTE PARK Russelia_equ~S_eti(orrnis Firecracker Plant :-..... ·: . ...:: -~ _, "': i ····----.......... --. ---------ril,;_t;;:::·T;)~z~--r-·--soui-Hf>oiN'T"E"PAfiK ____ -~~ ~J~~z ; ~lif~-:~:~ov.-1 IMPROVEMENTS OFF-LEASH AREA PROPOSED HEDGE LANDSCAPE PLAN ~~13 _ J·.;,;:,,;,,~~5tTY_9F l':'lli\_MIBEA .. ,S:_i:-t~_I?_RIDi'\ c===-r~----S<<TC•!TITLE: L~~i-~------~--:,~:;~;:~~:~~~~~-~---------CITY OF MIAMI BEACH, FLORIDA ------------____ :-:~o:e_~,~::~-----1 LA-02 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. 2011-3743 which extended the pilot program in South Pointe Park until January 1, 2012, and extended the off-leash hours in South Park by adding two (2) hours in the evening from 5:00p.m. to 7:00p.m. on Monday through Friday; and WHEREAS, on January 11, 2012, the Mayor and City Commission adopted Ordinance No. 2012-3750 which extended the off-leash hours in the designated area in South Pointe Park from sunrise to 10:00 a.m. daily, and in the 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-IAASh 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 338 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, 20 12; 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 DRB 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 6:00p.m. to 9:00p.m. as set forth herein. 2 339 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 7--~:00 p.m. on Monday through Friday, or during such other hours as may be specifically designated by a resolution of the city commission after a public hearing, through and including March 31, 2013. 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. 3 340 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 / r~ / F:\ATTO\TURN\ORDINANC\Animal Ordinance Amendment Off Leash Pilot Program Extension-Amended.docx 4 341 MIAMIBEAc:H CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that a second reading and public haartng will be held by the Mayor and City CommissiM of the Cfiy of Miami Beach, Florida, in the Commission Chamhers, 3rd Floor, City Hall, 1700 Comantion Center Drive, Miami Beach, Fio::da, on Wednesday, May 8, 2013 to consider the following: 10:15 a.m. 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 Permils,' By Amending Section10 Entitled "Enforcement'; And Providing For Repealer. CorHrcation, Severability, And An EffectiVe DalE. inquiries may be directed to the Tourisn1, Culture?, Economic Development Department at (305) 673-7577. 10:30a.m. An Ordinance Amending Chapter 10 Of The M:amr Beach City Code Entitled "Animals,' By Amending Section 10-11, Entitled "Running At Large Prollrbited,' 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 Betwoon 4:00 p.m. And 7:00 p.m. To Between 6:00 p.m. And 9:00 p.m., i i Monday Through Friday; Nl. d Relocating Tha Off-Leas. h Ama From.The Area South And East Of The Washington [j Avenue Entry Plaza To ~s Original Location in The Triangular Area South And West Of The Washington 1 1 Avenue Entry Plaza; ProvirJmg For Repealer; Sevi·rabrli(y: CodificatJon; And M Effective Dalll. · lnquines may be directed to the Parks & Recrealion Department at {305) 673·7730. 11:00a.m. 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-Bssed Vendors In Contracts For Goods And Contractual Services;" Amending Section 2·372(1Xb) Thereof, To Require That Miami Beach·Baood 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 Busines.s Headquarters, Or An Office Of Tha Business, WIU\In The Ci~J fw A Period Of At Least On~ (1) Year Prior To The Issuance Of The Bid; And Amending Section 2 372(2)(b) To Limit sucll Preference Only h Pror!()oors: PrcNiding For Codification, RepeaM, Several!lllty, And An Effective Date. 2. An Ordinance Amending Section 2-374 Of The Miami Beach City Code, Entitled 'Procedure To Provide Preference To Veterans 111 Contracts For Goods And Contractual Services;• try Amendill!l Section 2·374(2)(b) To Limit Such Preference On~ To Proposers; Providing For Cocification, RepBaier, Se~erability, And An Effective Date. Inquiries may be directed to the f'rocurement Department at (305) 673-7490. INTERESTED PARTIES are invited to appear at tlliS meeting, or be rsprasented by an agent, or to express their views in writmg addressed to the City Commission, c/o the Cily Clark, 1700 Olmention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies ol ilmse rtems are available for public inspection during normal business hours in too City Cli:rk's Office, 170() Convention CBnter Dnve. 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued. a~d under such cirCIImstances additional legal notic& will not be provided. Rafael E. GraMdo, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., tha Cily hereby advises the public tl1at: if a persnn decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person musl e~~sura tllat a ¥erbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal !S to be based. This notiCe does not constiluta consent by tile City for the introductron or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise ai'owed by law. To request this material in accessible format, sign ianguaflll interpratars, information on access for persons with disabilities and/or any accommodation tn review any document or participate in any City-sponsored proceeding, plea~ contact us fiVe days in advance at {3051 673-7411(voice) or TTY users may also call the Florida Relay Service at 711. II Ad tm4 II 342 THIS PAGE INTENTIONALLY LEFT BLANK 343 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amendment proposing to modify the CD-2 District regulations in order to allow self stora e warehouses as a Conditional use in certain areas of the City. Maintain strong growth management policies. ·supportfng Data (Surveys·, Environmental Sca·n, etc 48% of residential respondents and 55%. of businesses rate the effort ut forth b the Cit to re ulate development is "about the ri ht amount." Item Summa /Recommendation: SECOND READING 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 23, 2013, the City Commission, at the April 17, 2013 meeting, opened and continued the item to a date certain of May 8, 2013. The administration recommends that the Ordinance be adopted. Advisory Board Recommendation: On October 36,·· 2012, the Planning Board (PB .. File No. 2017) transmitted the subject Ordinance to ·l the City Commission with a favorable recommendation by a vote of 5-2. ______________ , ________ j '=:----::---:-:---::-····--···--- Financiallnformation: Source~·s=~mount · Funds: 1 ·-- Account ~ I 2 ~-. ·-----1------... _ ... .......___,____ __ j _-i-t-·-.. -+--------···----l OBPI ··~--.. ·---· _ _L____ ----·-·---···------! Financial Impact Summary: The proposed ordinance is not expected to have a significant financial impact. "=:-:--~.. .. ··--· .. ------·---------··--~· C~. Clerk's Office .. Legislat~ve Tracking: ________ ---·----· [Richard Lorber or Th~..rnas Mooney _ ·--·:··---~ Si n-Offs: MIAMrBEACH 344 AGENDA lTEM _fl-:.....:..::s-_C..;;:...,__ DATE 5-~-/ ~ ........ lrl MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO FROM COMMISSION MEMORANDUM Mayor Matti Herrera Bower and M Jimmy L. Morales, City Manager mbers ofbommission DATE: May 8, 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 Adopt the Ordnance. 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 2nd reading on the Ordinance was continued to the April 17, 2013 Commission meeting, with the subject item being moved to the April 23rct Land Use Committee meeting. As the April 23rd, 2013 Land Use meeting was after the April 17, 2013 Commission meeting, the matter was opened and continued on April 1 ih to the May 8th, 2013 Commission meeting. The Land Use Committee discussed the item on April 23, 2013 and recommended approval with the changes proposed at First Reading. 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 J'h Street and Alton Road was presented to the Land Use and Development Committee. Several speakers commented on the proposed project 345 Commission Memorandum C0-2 Self Storage May 8, 201 ~-------~-~---,,~ Page 2_ of 3 and ordinance amendment, and the Committee discussed the possible impacts on the neighborhood. The LUDC then referred the proposed Ordinance to the Planning Board, with direction to address limiting the proliferation of this use, and to address issues of signage. ANALYSIS Currently the City Code only permits "warehouse" use in the CD-1, Commercial Low Intensity zoning district as a Conditional Use (see attached map of CD~1 Districts), and 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 C0-2 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 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 C0-2 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 (DRS) 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 1 U.S. Census Bureau, "Industry Statistics Sampler," www.census.gov/econ/industry/def 346 Commission Memorandum CD-2 Self Storage May~2013 ---·----------·-··--- located at 633 Alton Road, which is located within the expanded Flamingo Park Local Historic District and is adjacent to an RM~1 residential multifamily district, separated only by an alley from three residential buildings. In this particular instance, should the subject Ordinance move forward, any future CUP application for this site would need to address 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. On April 23, 2013, the Land Use Committee discussed the item and recommended approval with the changes proposed at First Reading. These modifications include the creation of a 100 foot distance separation between self-storage warehouses, as well as limiting the areas that they may be permitted to those CD-2 district properties located along Alton Road, between 61h and 11 1h Street (see attached map). 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 adopt the Ordinance. {lL JLM/JGG/RGL/TRM T:\AGENDA\2013\May 8\CD-2 Self Storage-MEM 2nd Read.docx 347 CD-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 !easing 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) 349 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. For purposes of this section. in addition to the Conditional Use criteria in Section 118- 192 (a), self-storage warehouses shall only be permitted to be considered by the Planning Board as a Conditional Use for properties located within a CD-2 district along Alton Road between 6th Street and 11th Street. Additionally, the minimum distance separation between self-storage warehouses shall be 100 feet and self storage warehouses shall follow the Development Regulations for "self-storage warehouse" in Section 142-306 and the Setback Requirements 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) 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-storage moderate income moderate income excegt that warehouse-housing: See housing: See the building 1:. section 142-1183 section 142-1183 height shall Hotel unit: Hotel units-N/A be limited to 15%: 300-335 25 feet within 85%: 335+ 50 feet from the rear groQert~ line for lots abutting an aile~; and within 60 feet from a residential district for blocks with no 2 of 5 350 I~ 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, Side, Facing Rear Interior a Street At-grade 5 feet 5 feet 5 feet 5 feet parking lot on If abutting an alley-0 the same lot feet Subterranean 0 feet 0 feet 0 feet 0 feet Pedestal and 0 feet 10 feet when 10 feet when 5 feet tower Residential uses shall abutting a abutting a 10 feet when abutting (non-follow the RM-1, 2, 3 residential residential district, a residential district oceanfront) setbacks district, unless 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 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, 142-218and 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 u ses-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. 3 of 5 351 (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 apply 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. ill Side facing a street - 5 feet. @ Interior side-7.5 feet or 8 percent of the lot width, whichever is greater; ill 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, C0-2 "Commercial, Medium Intensity District," Section 142-308 " Additional regulations for new construction," is hereby amended as follows: ill In the CD-2 district, all floors of a building containing parking spaces shall incorporate the following: * * * .(Ql In the C0-2 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 PreseNation 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-commercial, 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 4 of 5 352 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. MAYOR ATTEST: CITY CLERK Underscore denotes new language First Reading: February 6, 2013 Second Reading: May 8, 2013 Verified by:--------- Richard G. Lorber, AICP, LEED AP Acting Planning Director T:\AGENDA\2013\May 8\CD-2 Self Storage-ORO 2nd Read.docx 5 of 5 353 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. SECOND READING AND PUBLIC HEARING Key Intended Outcome Supported: Diversify Business Base in Miami Beach Supporting Data {Surveys, Environmental Scan, etc.): 2009 Miami Beach Customer Survey indicates 87% of businesses that rate the City of Miami Beach as one of the best, above average, pr 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. The City Commission approved the Ordinances on first reading at the April17, 2013 meeting. Advisory Boar~ Recommendation: ~t the March 18, 2013 meeting of the Neighborhood/Community Affairs Committee following] scussion, a motion was mad_e by Commissioner Libbin to strengthen the Local and Veterans reference Ordinances. ;;.:.:..:.;::.:.=.:=.c'-----~----------·· . Financial Information: Source of Amount Account ~-Approved Funds: 1 ------· -----ll 2 --------~-.. · .. 3 r---·-OBPI · Total ·--'----------- ------ Ctt Clerk's Offtce Le tslative Tracking:--·----·-------- Alex Denis, ext. 6641 ·---·-·----·--------------] Sign-Offs: MIAMI BEACH 354 AGENDA ITEM R s-D DATE S"-&'-J3 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Membets of the c&·t~ Commission Jimmy L. Morales, City Manager . ~ It:~~~ May 8, 2013 SEC~ND REApiNG AND PUBLIC HEARING TWO (2) ORDINANCES OF THE MA~OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORI£:\A, 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 The attached Ordinances was approved on first reading at the April 17, 2013 City Commission meeting following the direction from the Neighborhood and Community Affairs Committee at their March 18, 2013 meeting. Staff recommends approval of the proposed amendments on Second Reading. KEY INTENDED OUTCOME SUPPORTED Diversify Business Base in Miami Beach. 355 Commission Memo Re Local and Veterans Preference Ordinances May 8, 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. The City Commission approved the aforementioned Ordinances on first reading at the April 17, 2013 meeting. CONCLUSION The Administration recommends that the City Commission adopt the attached Ordinances amending the City's Local and Veterans Preferences on second reading. JLMIK ~~0 Attachr~A{ T:\AGENDA\2013\May 8\Amendment to Local and Veterans Preference-Memo.docx 356 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 357 negotiate (ITN). 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 occupational 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 ® 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, Sf 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), 358 or an additional five percent (where the evaluation methodology is based on a percentage system from 0-100 percent), to proposers, which are,--Gf include as part of their proposal team, a Miami Beach-based vendor. 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. (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. 359 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the ____ day of _______ , 2013, which is 1 0 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:\ATTO\AGUR\RESOS-ORD\Local Preference Ordinance (Fina14-5-13).doc 360 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 ~ 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 361 295.187(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 ITB 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 ITB 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, aRfi 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;-GF 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. 362 (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 _____ day of ______ , 2013. Mayor ATTEST: City Clerk Letters or numbers that are stricken through are deletions from existinQJWFt~ AS TO Letters or numbers that are underlined are additions to existing ordinaMJRM & LANGUAGE & FOR EXECUTlON F:\ATTO\AGUR\RESOS-ORD\Veteran Preference Ordinance (Final4-5-13).doc :/_ ( G/ I V ':/ C. 1) -z/'-/" {./') ~-;; ..... \ -._ ='-'""' -~If Date 363 MIAMIBEAC:H CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS llfREBY given that a second reading and p~blic hearing will oo held by the Mayor and City Commission of the CKy of Miami Beacll, Florida, in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Flonda. on Wednesday, May 8, 2ll13 to consider the following: 10:15a.m. An Ordinance Amending Chapter 12 Of The Mian'i Beach City Code, Entitled ''Arts, cunure And Entertainment," By Amending Article I Thereof, Entifled ''Film And Print Production Permits: By Amending Section 10 Entitled 'Enforcement"; And Provkling For Repealer, COCii•tatlon, Sev&rablllty, And An EffectNe Dare. Inquiries may be directed to tile Tourism, Culture & Economic Development Department at (305} 673-7577. 10:30a.m. An Ordinance Amending Chapter 10 Of The Mrami Beach City Coda Eatilled "Animals," By Amending Sactl(lll 10-11, Entitled "Running At Large Prohibited," By Extending The Piiot Program O!Heasll Area For Dogs In South Pointe Park Through And Including December 31, 2013; By Amending The Afternoon Oli-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 Ralocaling Tha Of! -umsh Area From The Area South And East O!The Washington Avenue Entry Plaza To tis Original Location !n The Triangular Area South And West Of The Washington Avenue Entry Plaza; Providing For Repealer: Sewabllity: Codification; And M Effective Dare. lnquines may be directed to the Parks & Recreabn Department at (305) 673· 7730. 11:ooa.m. OrdinallCes Amending Procedures For Vendor Preference 1. An Ordinance Amending Section 2·372 01 The Miami Beach City Code, Enbtled "Procedures To Provide Preference To Miami Beach-Based Vendors in Contracts For Goods And Contractual Services;" Amending Soclion 2-372(1Kb) Thereof, To Require That Miami Beach· Based Vendors Have A Business Tax Rllceipt To Provide The GoodsA.'ld Services Required Under A Subject City Bid For At Least One (1) Year Prior To The I'>Suance Of The B•:J. N; Well N; Have Their Business HeadQuarters, Or An Dfffce Of The Buslr.ess, Within The City For A Period Of At Least One (1) Year Prior To The lssuanc£ Of The Sid; And Amending Section 2-372(2){b) To Limit Such Preference Onl\1 To Proposers; Providing For Codification, Repealer, Severability, And An Effective Data. 2. An Ordinance Amending Section 2·374 Ot The Miami Beach City Code, Entitled "Procedure To Provide Prelerenr,eToVeterans In Contracts For GoodsA~d Contractual SeNices;" By Amending Section 2-374(2Xb) To Limit Such Preference Only To PrOj)r::.ers: Prfll'iding For Codification, ABptlaler, Severability, Nld An Effective Date. Inquiries may oo directed to the Procurement Department at (305) 673-7490. INTERESTED PARTIES are invited to appear at tll;s meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, clothe City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, FIGrida 33139. Copies ol these items are available lor public inspection during normal bu;im:se hours in the City Clerk'$ Oftice. 1700 Conventkm Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued, and under such circumstances additional legal notice will not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public tilat: if a person decides to appeal any decision made by the City Commission with respect to any matlfli' considered at its meeting or ilS hearing, such person must ensure that a verbatim record ol the pror,eedings ts made, which record includes the testimony and evidence upon which the appeal IS to be based. This notice does not constitute consent by the Crty for the introduction or admission ol otherwise inadmissible or irrolevant evidence, nor does it authorize chalienges or appeals not otherwise a I! owed by law. To req1Jast this material in accessible format, siqn language interpreters, information on access for persons with disabil~ies and/or any accommodation to review any document ar participate in any City-sponsored proceeding, please tA~n!llct us five days in ao·:ance at (305) 673-7411(voice) or TTY users may also call tile Florida Relay Service at 711. Ad #774 364 THIS PAGE INTENTIONALLY LEFT BLANK 365 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment modifying the City's Flood Plain Management Ordinance to incorporate minor changes recommended by FEMA, and to clarify the City's existing practices with regard to the application of the Ordinance to historic properties. Ke_y_lntended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effortput forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: FIRST READING The proposed Amendments to Chapter 54 represent minor "clean--up" provisions recommended by FEMA, or clarifications to the Ordinance to be consistent with the Florida Building Code and Flood Insurance Regulations. Additionally, the amendments clarify the applicability of the Ordinance to historic structures consistent with longstanding practice. The Administration recommends that the City Commission approve the Ordinance on First Reading and set a Second Readin Public Hearin for June 5, 2013. Advisory Board Recommendation: On May 3, 2013, the Flood Plain Management Board were presented with the Ordinance and transmitted the subject Ordinance to the City Commission by a vote of Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. As the Amendment to the Ordinance is primarily a "clean-up" per the recommendations of FEMA, there is no financial impact. Cit Clerk's Office Legislative Tracking: Department Director T:\AGENDA\2013\May 8\Flood Ordinance MIAMI BEACH 366 AGENDA ITEM --=-R_S".:;._E. __ DATE S-'8--1_3 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and DATE: May 8, 2013 SUBJECT: AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 54, ENTITLED "FLOODS," BY AMENDING ARTICLE II, ENTITLED "FLOODPLAIN MANAGEMENT," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 54-35, ENTITLED "DEFINITIONS" BY AMENDING AND DELETING CERTAIN DEFINITIONS THEREIN; BY AMENDING DIVISION 2, ENTITLED "GENERAL PROVISIONS," BY AMENDING SECTION 54-38, ENTITLED "DESIGNATION OF FLOODPLAIN ADMINISTRATOR" TO DESIGNATE THE BUILDING OFFICIAL, INSTEAD OF THE BUILDING DIRECTOR, AS THE FLOODPLAIN ADMINISTRATOR; BY AMENDING DIVISION 3, ENTITLED "ADMINISTRATION," BY AMENDING SECTION 54- 45, ENTITLED "PERMIT PROCEDURES" AND SECTION 54-46, ENTITLED "DUTIES AND RESPONSIBILITIES OF THE BUILDING DIRECTOR OR DESIGNEE" TO CHANGE ALL BUILDING DIRECTOR REFERENCES THEREIN TO THE FLOODPLAIN ADMINISTRATOR; AMENDING DIVISION 4, ENTITLED "PROVISIONS FOR FLOOD HAZARD REDUCTION"; BY AMENDING SECTION 54-47, ENTITLED "GENERAL STANDARDS," SECTION 54-48, ENTITLED "SPECIFIC STANDARDS," AND SECTION 54- 49, ENTITLED "SPECIFIC STANDARDS FOR A-ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY FLOODWAYS" TO MODIFY CERTAIN FLOOD HAZARD REDUCTION PROVISIONS; BY DELETING SECTION 54-50, ENTITLED "STANDARDS FOR A-0 ZONES"; BY AMENDING DIVISION 5, ENTITLED "VARIANCE PROCEDURES," TO CHANGE ALL BUILDING DIRECTOR REFERENCES THEREIN TO THE FLOODPLAIN ADMINISTRATOR; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends approval of the proposed amendments to Chapter 54, "Floods". BACKGROUND In August 2012, the City of Miami Beach received a Community Assistance Visit ("CAV") from the Federal Emergency Management Agency's ("FEMA") National Flood Insurance Program ("NFIP"). These visits are routine, and occur approximately every five years. The purpose of the visit was to evaluate the effectiveness of floodplain management and other programs the City implements to reduce the impacts of flooding. 367 Commission Memo Re Amendment of Chapter 54, "Floods" May8, 2013 Page 2 of2 On December 20, 2012, FEMA prepared a summary report of its findings from this visit and provided it in a letter of that date to Mayor Matti Herrera Bower ("Exhibit 1 "). While most of the findings were in the nature of items that staff could respond to directly, the letter included recommended changes to Chapter 54, "Floods", of the City of Miami Beach's Code of Ordinances in an attached "Table 1 ". Through subsequent communications with the agency, some additional proposed amendments were suggested. The purpose of this Ordinance Amendment is to incorporate FEMA's proposed changes into Chapter 54, as well as one minor change proposed by staff. In all instances, the changes are minor, with little or no impact to the public, and constitute "cleanup" language. ANALYSIS The proposed revisions to Chapter 54 are primarily minor in nature and do not change the applicability or underlying impact of the Floodplain Ordinance on the community. These changes are clearly delineated in "Exhibit 2", which is the proposed Amended Ordinance, with changes presented in strike through/underline format. Throughout the Chapter, references to the Building Director have been changed to "Floodplain Administrator''. Other changes include elimination of obsolete terminology or references to obsolete agencies, elimination of inapplicable language, correction of scrivener's errors from previous versions, new or revised definitions that FEMA considers important, and clarifications to ensure consistency with the Florida Building Code and NFIP requirements. The definition of "Substantial Improvement" in Section 54-35, was changed by eliminating a sentence that reads as follows: "This term does not include any alteration on an existing historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure." The City Attorney's Office has recommended the elimination of this language to avoid the impression that historic structures are exempt from FEMA's regulations. This amendment will not change the way historic structures are treated in any way, but instead reflects the actual practices of the City and requirements of the law. FIVE YEAR 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. As the Amendment to the Ordinance is primarily a "clean-up" per the recommendations of FEMA, there is no financial impact. CONCLUSION The Administration recommends that the City Commission adopt the attached Ordinance amending Chapter 54, "Floods" on First Reading. JLM/JGG/SS Attachments T:\AGENDA\2013\May 8\Fiood Ordinance Amendment-Memo.docx 368 The Honorable Matti Herrera Bower Mayor, City of Miami Beach 1700 Convention Center Drive ' Miami Beach, Florida 33139 December 20,2012 U.S. Department of Homeland Security Region IV 3 003 Chamblee Tucker Road Atlanta, Ga 30341 FEMA Reference: National Flood Insurance Program (NFIP) Community Assistance Visit (CAV) Report of Findings Dear Mayor Bower: This is to provide you with the findings ofthe CAV conducted by the Federal Emergency Management Agency (FEMA) during August 21-23, 2012. The purpose of this visit was to evaluate the effectivenes.~ of flo~dplain management and other programs the City implements to eliminate or reduce po«;ntiall9ss of lives and property damage caused by flooding as part of the City's participation in the NFIP. We appreciate the assistance, cooperation, professionalism, and hospitality of Mr. Mohsen Jarahpour, Chief Building Inspector, during thls visit. We commend the City for implementing more stringent development requirements in its floodplain management program. The City has achieved a Class 6 rating in the NFIP' s Community Rating System Proe,rram effective May 1, 2012. As a result, the flood insurance policy holders in areas of special flood hazard in the City receive 20% discount in their flood insurance premiums; resulting in an annual savings of over $3 .4 million. We have reviewed the following as a part of the CAV: Floodplain management regulations The City's floodplain management regulations are contained in Article II of Chapter 54 of its code of ordinances. A detailed review of these regulations revealed some shortcomings, which are described in Table 1 (enclosed). It is important that the City correct these shortcomings. Please provide us with a revised ordinance correcting these shortcomings by March 1, 2013. Development permit proc~9.1JI~.§jpJbe Special Floqd Hazard Areas (SFHAs) We have reviewed the City's Building Department Policies and Procedures Manual, dated June 28, 2011, prepared by JRD & Associates, Inc. This manual did not appear to have any wvvw.fema.gov 369 Mayor Bower Page2 information on floodplain management program of the City (e.g. determination of flood zone and the base flood elevation, substantial improvement, substantial damage). We strongly encourage you to integrate the floodplain management aspects also into this manual. Elevation Certificates We have reviewed a total of 26 elevation certificates. We commend you for the capabilities and diligence of your staff in reviewing the elevation certificates as we have found only three minor issues with them. These are: 1. 230 W. Rivo Alto Drive-Longitude needs to be "West" or "negative"; 2. 5245 Pinetree Drive-Longitude needs to be "West" or "negative"; and 3. 63 96 N. Bay Road-Description of machinery/equipment in Section D missing. Please have your staff coordinate with the respective Professional Surveyor and Mappers in correcting these minor shortcomings for your record keeping. Engineered flood openings for floodprone enclosures in A-Zones Three structures are provided with engineered flood openings to automatically equalize flood hydrostatic forces on walls. However, certification by Florida licensed professional engineer is not obtained. Please provide us with these certifications for the following structures by March 29, 2013: I. 230 W. Rivo Alto Drive; 2. 354 Washington Avenue; and 3. 226 Palm A venue. Variance The City granted a variance to the elevation requirement of its floodplain management regulations to the single-family residential structure located at 4245 N. Meridian Avenue with certain conditions attached. The documentation indicates that this is a designated historic structure on the City's inventory ofhistoric places. However, as the City's regulations as well as those of the NFIP require. a review of proposed alterations and/or improvements and determination that such changes did not preclude this structure's continued designation ac; a historic structure is not maintained. Please provide us with this documentation by March 1, 2013. Review and determination of potential "substantial damage" Flood insurance claims data for the City of Miami Beach indicates that $22,169,572 was paid for 825 losses. There were 12 claims that were categorized as "substantial damage" claims. 370 Mayor Bower Page 3 The entire claims data for 825 losses was provided to the City during the visit. However, Table 3 (enclosed) includes only 75 Structures for which the least amount of claim paid exceeded $75,000. Please provide us with the City's review and detennination for potential substantial damage or substantial improvements, when further improvements were made in addition to repairing the damage that the structures sustained, with supporting documentation by March 29, 2013. Submit-for-rate structures Submit-for-rate structures are those that were deemed, through the flood insurance rating process, to have their lowest floor elevations located two or more feet below the base flood elevation. These structures are described in Table 4 (enclosed). Please investigate these potential violations and provide us with your determinations with supporting documentation by March 29, 2013. We appreciate your diligence in providing us with the requested documentation by the target dates indicated. If you or your staffhave any questions or require additional information, please call Prasad Inmula at (770) 220-8841 or e-mail at Prasad.Inmula@fema.dhs.gov. Enclosures Sincerely, ~~£Jhnv<~ ~ -8 Susan W. Wilson, CFM, Chief Floodplain Management & Insurance Branch Mitigation Division 371 Table 1 City of Miami Beach (Miami-Dade County), Florida oo lpam anagement r mance ev1ew Fl d 1 . M 0 d' R . Section Title Provision Revision 54-35 Definitions Addition Addition 1neans any walled and roofed expansion to the perimeter or height of a building. Existing construction Revise dates to September 29, 1972. Existing manufactured Revise dates to September 29, 1972. home park or subdivision FBFM Delete. FHBM Delete. Floodplain management Add SFWMD to the list of standards. regulations New construction Revise dates to September 29, 1972. Repetitive loss (new) Repetitive loss structure means a building that has incurred flood-related damages on two occasions during a 1 0-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25 percent of the market value of the building at the time of each such flood event. Substantial Delete the last part of the definition related to improvement a historic structure. 54-47 General 13 (b) Revise "Such" to "Such proposals". standards 54-48 Specific (I) Delete "zero foot above". I standards (1) (a) Revise to: "The lowest floor of a I nonsubstantiallateral addition to a residential structure shall be elevated to no lower than the lowest floor of the principal structure." (2) (b) Revise to: "The lowest floor of a nonsubstantiallateral addition to a nonresidential structure shall be elevated or floodproofed to no lower than the lowest floor of the principal structure." (6) Revise "section 54-3 6 to section 54-3 7". (8) Revise "section 54-48 to section 54-51". 54-49 (3) Revise "building director or his/her designeed to "floodElain administrator". 54-50 (l) Delete "in all AO-zones". 372 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 54, ENTITLED "FLOODS," BY AMENDING ARTICLE II, ENTITLED "FLOODPLAIN MANAGEMENT," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 54-35, ENTITLED "DEFINITIONS" BY AMENDING AND DELETING CERTAIN DEFINITIONS THEREIN; BY AMENDING DIVISION 2, ENTITLED "GENERAL PROVISIONS," BY AMENDING SECTION 54-38, ENTITLED "DESIGNATION OF FLOODPLAIN ADMINISTRATOR" TO DESIGNATE THE BUILDING OFFICIAL, INSTEAD OF THE BUILDING DIRECTOR, AS THE FLOODPLAIN ADMINISTRATOR; BY AMENDING DIVISION 3, ENTITLED "ADMINISTRATION," BY AMENDING SECTION 54-45, ENTITLED "PERMIT PROCEDURES" AND SECTION 54-46, ENTITLED "DUTIES AND RESPONSIBILITIES OF THE BUILDING DIRECTOR OR DESIGNEE" TO CHANGE ALL BUILDING DIRECTOR REFERENCES THEREIN TO THE FLOODPLAIN ADMINISTRATOR; AMENDING DIVISION 4, ENTITLED "PROVISIONS FOR FLOOD HAZARD REDUCTION"; BY AMENDING SECTION 54-47, ENTITLED "GENERAL STANDARDS," SECTION 54-48, ENTITLED "SPECIFIC STANDARDS," AND SECTION 54-49, ENTITLED "SPECIFIC STANDARDS FOR A-ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY FLOODWAYS" TO MODIFY CERTAIN FLOOD HAZARD REDUCTION PROVISIONS; BY DELETING SECTION 54-50, ENTITLED "STANDARDS FOR A-0 ZONES"; BY AMENDING DIVISION 5, ENTITLED "VARIANCE PROCEDURES," TO CHANGE ALL BUILDING DIRECTOR REFERENCES THEREIN TO THE FLOODPLAIN ADMINISTRATOR; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has been directed by the Federal Emergency Management Administration to revise its City Code provisions concerning floodplain management. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Division 1 of Article II of Chapter 54 of the Code of the City of Miami Beach, Florida is hereby amended as follows: 373 CHAPTER 54 FLOODS * * * ARTICLE II. Floodplain Management * * * DIVISION 1. Generally * * * Sec. 54~35. Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. * * * Addition (to an existing building) means any walled and roofed expansion to the perimeter or height of a building in which the addition is connected by a common load bearing wall other than a firevJall. ,A,ny 1Nalled and roofed addition which is connected by a firmvall or is separated by independent perimeter load bearing •.valls is new construction. * * * Existing construction means, for the purposes of floodplain management, structures for which "the start of construction" commenced before December 12, 1002 September 29, 1972. For the purposes of determining rates, existing construction shall mean structures for which the "start of construction" commenced before December 12, 1902 September 29, 1972. This term may also be referred to as "existing structures". Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before December 12, 1992 September 29, 1972. * * FkJod boundary and fJoodway map (FBFM) means the official map of the city on which the Federal Emergency Management Agency (FEM/\) has delineated the areas of special flood hazard and regulatory floodways. 2 374 Flood hazard boundary map (FHBM) means an official map of the city, issued by FEM/\, where the boundaries of the areas of special flood hazard have been identified as only approximate zone /\. * * * Floodplain management regulations means this article and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power which control development in floodprone areas. This term describes federal, State of Florida, South Florida Water Management District (SFWMD), or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. * * * Historic structure means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic or a district preliminarily determined by the Secretary to qualify as a registered historic district; or (c) Individually listed on the Florida Inventory of Historic Places, which has been approved by the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: 1. By the approved Florida program as determined by the Secretary of the Interior, or 2. Directly by the Secretary of the Interior; or .(§1 Designated as an historic building, historic structure, or a contributing structure located within a local historic district, by the City of Miami Beach. * * * New construction means, for floodplain management purposes, any structure for which the "start of construction" commenced on or after December 12, 1992 September 29, 1972. The term also includes any subsequent improvements to such structures. For flood insurance 3 375 rates, structures for which the start of construction commenced on or after December 12, 1992 September 29. 1972, and includes any subsequent improvements to such structures. * * * Repetitive loss structure means a building that has incurred flood-related damages on two occasions during a 10-year period ending on the date of the event for which claim is made, on the average, egualed or exceeded 25 percent of the market value of the building the time of each such flood event. * * * Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during a five-year period, in which the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage" regardless of the actual repair work performed. This term does not, however, include any repair or improvement of a structure to correct existing violations of State of Florida or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official prior to the application for permit for improvement, and which are the minimum necessary to assure safe living conditions. This term does not include any alteration of an existing historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. * * * SECTION 2. That Division 2 of Article II of Chapter 54 of the Code of the City of Miami Beach, Florida is hereby amended as follows: DIVISION 2. General Provisions * * * Sec. 54-38. Designation of floodplain administrator. The commission of the City of Miami Beach hereby appoints the building director official or his/her designee to administer and implement the provisions of this article and is herein referred to as the floodplain administrator. 4 376 SECTION 3. That Division 3 of Article II of Chapter 54 of the Code of the City of Miami Beach, Florida is hereby amended as follows: DIVISION 3. Administration * * * Sec. 54-45. Permit procedures. Application for a development permit shall be made to the building director or his/her designee floodplain administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing and proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Application stage: (a) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all buildings; (b) Elevation in relation to mean sea level to which any nonresidential building will be floodproofed; (c) Certificate from a registered professional engineer or architect that the nonresidential floodproofed building will meet the floodproofing criteria in subsection 54-45(2) and subsection 54-48(2); (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and (e) Elevation in relation to mean sea level of the bottom of the lowest horizontal structural member of the lowest floor and provide a certification from a registered engineer or architect indicating that they have developed and/or reviewed the structural designs, specifications and plans of the construction and certified that [they] are in accordance with accepted standards of practice in coastal high hazard areas. (2) Construction stage: Upon placement of the lowest floor, or floodproofing by whatever construction means, or bottom of the lowest horizontal structural member, it shall be the duty of the permit holder to submit to the building director or his/her designee floodplain administrator a certification of the NGVD or NAVD elevation of the lowest floor or floodproofed elevation, or bottom of the lowest horizontal structural member of the lowest floor as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a 5 377 registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The building director or his/her designee floodplain administrator shall review the lowest floor and floodproofing elevation survey data submitted. The permit holder immediately and prior to further progressive work being permitted to proceed shall correct violations detected by such review. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project. Sec. 54-46. Duties and responsibilities of the building director or his/her designee floodplain administrator. Duties and responsibilities of the building director or his/her designee floodplain administrator shall include, but are not 9e limited to: (1) Review permits to assure sites are reasonably safe from flooding; (2) Review all development permits to assure that the permit requirements of this article have been satisfied; (3) Require copies of additional federal, State of Florida, or local permits, especially as they relate to F.S. §§ 161.053, 320.8249, 320.8359 320.8325, 373.036, 380.05, 381.0065, and ch. 553, pt. IV, be submitted along with the development permit application and maintain such permits on file with the development permit; (4) Notify adjacent communities, the Florida Department of Community Affairs Economic Opportunity -Division of Emergency Management -NFIP Coordinating Office, South Florida Water Management District, the Federal Emergency Management Agency (FEMA), and other federal and/or State of Florida agencies with statutory or regulatory authority prior to any alteration or relocation of a watercourse; (5) Assure that the floodcarrying capacity within the altered or relocated portion of any watercourse is maintained; (6) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (A-zones) or bottom of the lowest horizontal structural member of the lowest floor (V-zones) of all new and substantially improved buildings, in accordance with subsections 54-48(1) and (2) and subsection 54-51 (2), respectively; (7) Verify and record the actual elevation (in relation to mean sea level) to which the new and substantially improved buildings have been floodproofed, in accordance with subsection 54-4 7(2); 6 378 (8) Review certified plans and specifications for compliance. When floodproofing is utilized for a particular building, certification shall be obtained from a registered engineer or architect certifying that all areas of the building, together with attendant utilities and sanitary facilities, below the required elevation are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy in compliance with subsection 54-47(2) of this article. In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the building is designed and securely anchored to pilings or columns in order to withstand velocity waters and hurricane wave wash. Additionally, in coastal high hazard areas, if the area below the lowest horizontal structural member of the lowest floor is enclosed, it may be done so with open wood lattice and insect screening or with nonsupporting breakaway walls that meet the standards of subsection 54- 51 (6) of this article; (9) Interpret the exact location of boundaries of the areas of special flood hazard. When there appears to be a conflict between a mapped boundary and actual field conditions, the building director or his/her designee floodplain administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article; (1 0) When base flood elevation data and floodway data have not been provided in accordance with section 54-37, the building director or hisJher designee floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, State of Florida, or any other source, in order to administer the provisions of division 4; (11) Coordinate all change requests to the FIS; and FIRM and FBFM with the requester, State of Florida, Cooperating Technical Partner, and FEMA; and (12) Where base flood elevation is utilized, obtain and maintain records of lowest floor and floodproofing elevations for new construction and substantial improvements in accordance with subsections 54-48(1) and (2), respectively. SECTION 4. That Division 4 of Article II of Chapter 54 of the Code of the City of Miami Beach is hereby amended as follows: DIVISION 4. Provisions for Flood Hazard Reduction * * * 7 379 Sec. 54-47. General standards. In all areas of special flood hazard, all development sites, including new construction and substantial improvements, shall be reasonably safe from flooding and meet the following provisions: (1) New construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) Manufactured homes shall be anchored to prevent flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over- the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State of Florida requirements for resisting wind forces; * * * (13) Standards for subdivision proposals and other new proposed development (including manufactured homes): (a) Such proposals shall be consistent with the need to minimize flood damage; (b) Such proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; and (c) Such proposals shall have adequate drainage provided to reduce exposure to flood hazards. (14) When proposed new construction and substantial improvements are partially located in an area of special flood hazard, the entire structure shall meet the standards for new construction. (15) When proposed new construction and substantial improvements are located in multiple flood hazard risk zones or in a flood hazard risk zone with multiple base flood elevations, the entire structure shall meet the standards for the most hazardous flood hazard risk zone and the highest base flood elevation. Sec. 54-48. Specific standards. In all A-zones where base flood elevation data have been provided (zones AE, A1-30, A (with base flood elevation), and AH), as set forth in section 54~37, the following provisions, in addition to those set forth in sections 54-47 and 54-49, shall apply: 8 380 (1) Residential construction. All new construction and substantial improvement of any residential building (including manufactured homes) shall have the lowest floor, including basement, elevated to no lower than zero foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, there must be a minimum of two openings on different sides of each enclosed area sufficient to facilitate automatic equalization of flood hydrostatic forces in accordance with standards of subsection 54-48(3). (a) The lowest floor of an addition to the §. nonsubstantial lateral addition to improvement of a residential structure shall be elevated to no lower than zero foot above the existing lowest finished floor elevation of the principal structure. This requirement applies only when no otJ:Ief alteration is proposed to the principal structure other than provision of a standard door in the common wall between the lateral addition and the principal structure. (2) Nonresidential construction. All new construction and substantial improvement of any commercial, industrial, or nonresidential building (including manufactured homes) shall have the lowest floor, including basement, elevated to no lower than the base flood elevation. All buildings located in A-zones may be floodproofed, in lieu of being elevated, provided that all areas of the building components, together with attendant utilities and sanitary facilities, below the base flood elevation plus one foot are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied using the FEMA floodproofing certificate. Such certification along with the corresponding engineering data, and the operational and maintenance plans shall be provided to the floodplain administrator. (a) The lowest floor of an addition to the §. nonsubstantial lateral addition to improvement ef a nonresidential commercial structure shall be elevated or floodproofed to no lower than zero foot above the existing lowest finished floor elevation of the principal structure. This requirement applies only when no otJ:Ief alteration is proposed to the principal structure other than provision of a standard door in the common wall between the lateral addition and the priQ~jQal structure. * * * (6) Standards for wate/Ways with established base flood elevations, but without regulatory floodways. Located within the areas of special flood hazard established in section 54 36 54-37, where streams exist for which base flood elevation data has been 9 381 provided by the Federal Emergency Management Agency FEMA without the delineation of the regulatory floodway (zones AE and A 1-30), the following provisions, in addition to those set forth in subsections 54-48(1) through (5), shall apply: (a) Until a regulatory floodway is designated, no new construction, substantial improvements, or other development including fill shall be permitted within the areas of special flood hazard, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the community. (b) Development activities which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the developer or applicant first applies, with the community's endorsement, for a conditional FIRM revision, and receives the approval of the Federal Emergency Management Agency (FEMA}. * * * (8) £Seaward structures.} For all structures located seaward of the coastal construction control line (CCCL), the lowest floor of all new construction and substantial improvements shall be elevated to no lower than the 1 00-year flood elevation established by the Florida Department of Environmental Protection or by FEMA in accordance with section 54-37, whichever is higher. All nonelevation design requirements of section §4.-4g...54-51 shall apply. Sec. 54-49. Specific standards for A-zones without base flood elevations and regulatory floodways. Located within the areas of special flood hazard established in section 54-37, where there exist A-zones for which no base flood elevation data and regulatory floodway have been provided or designated by the Federal Emergency Management Agency FEMA, the following provisions shall apply: (1) Require standards of section 54-47~ (2) Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, include within such proposals base flood elevation data. Standards set forth in section 54-48 shall apply. 10 382 (3) The building director or his/her designee floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, State of Florida, or any other source, in order to administer the provisions of this article. When such data is utilized, provisions of section 54-48 shall apply. The building director or his/her designee floodplain administrator shall: (a) Obtain the elevation (in relation to the mean sea level) of the lowest floor (including the basement) of all new and substantially improved structures, (b) Obtain, if the structure has been floodproofed in accordance with the requirements of subsection 54-48(2), the elevation in relation to the mean sea level to which the structure has been floodproofed, and (c) Maintain a record of all such information. (4) Notify, in riverine situations, adjacent communities, the Florida Department of Community Affairs -NFIP Coordinating Office, and the South Florida V\/ater Management District SFWMD prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA. (5) Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. (6) Manufactured homes shall be installed using methods and practices that minimize flood damage. They must be elevated and anchored to prevent flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State of Florida and local anchoring requirement for resisting wind forces. (7) When the data is not available from any source, in accordance with standards set forth in subsection 54-49(2) of this section, the lowest floor of the structure shall be elevated to no lower than three feet above the highest adjacent grade. Standards set forth in section 54-48 shall apply. Sec. 54-50. Standards for AO zones. Reserved. located within the areas of special flood hazard established in section 54 37, are areas designated as shallow flooding areas. These areas have flood hazards associated vJith base flood depths of one to three feet, ·.vhere a clearly defined channel does not exist and the path of flooding is unpredictable and indeterminate; therefore, the following provisions, in addition to division 4, section 54 47, apply: 11 383 (1) All new construction and substantial improvements of residential structures in all AO zones shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the flood insurance rate map. If no flood depth number is specified, the lovt'est floor, including basement, shall be elevated to no less than two feet above the highest adjacent grade. (2) All nevv construction and substantial improvements of nonresidential structures sflaU7 (a) Have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the flood insurance rate map. If no flood depth number is specified, the lowest floor, including basement, shall be elevated to at least two feet above the highest adjacent grade, or (b) Together with attendant utility and sanitary facilities be completely floodproofed to no less than one foot above that level to rneet the floodproofing standard specified in subsection 54 50(2)(a). (3) Adequate drainage paths around structures shall be provided on slopes to guide water away frorn structures. (4) Fully enclosed areas belo•.v the lov.'Ost floor that are subject to flooding shall meet the nonelevation design requirements of section 54 48 Sec. 54-51. Standards for coastal high hazard areas (V-zones). Located within areas of special flood hazard established in section 54-37 are coastal high hazard areas, designated as zones V1-V30, VE, or V (with BFE). The following provisions shall apply: (1) Meet the standards of section 54-45, and sections 54-47, 54-48 (except 54- 48(7)),. and 54-49~, and 54 50 (2) All new construction and substantial improvements in zones V1-V30, VE, and V (with BFE) shall be elevated on pilings or columns so that: (a) The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to no lower than the base flood elevation whether or not the structure contains a basement; and (b) The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of 12 384 wind and water loads acting simultaneously on all building components. Water loading will be those values associated with the base flood. Wind loading values will be those required by applicable State of Florida or local, if more stringent than those of the State of Florida, building standards. (c) For all structures located seaward of the coastal construction control line (CCCL), the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the 1 00-year flood elevation established by the Florida Department of Environmental Protection or the base flood elevation, whichever is the higher. (3) A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this section. (4) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures. The floodplain administrator shall maintain a record of all such information. (5) All new construction and substantial improvements shall be located landward of the reach of mean high tide. (6) Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by State of Florida or local codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: (a) Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and (b) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). The water loading 13 385 shall be those values associated with the base flood. The wind loading values shalf be those required by applicable Florida or local, if more stringent than those of the State of Florida, building standards. (c) Such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be finished, partitioned into multiple rooms, or temperature-controlled. (7) Prohibit the use of fill for structural support. No development permit shall be issued for development involving fill in coastal high hazard areas unless it has been demonstrated through appropriate engineering analyses that the subject fil! does not cause any adverse impacts to the structure on site or other properties. (8) Prohibit manmade alteration of sand dunes and mangrove stands that would increase potential flood damage. (9) Standards for manufactured homes. (a) All manufactured homes to be placed or substantially improved on sites: (i) outside a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision in which a manufactured home has incurred "substantial damage" as the result of a flood, must meet the standards of subsections 54-51 (2) through (8), or (b) All manufactured homes placed or substantial!y improved on other sites in an existing manufactured home park or subdivision shall meet the requirements of subsection 54-48(4)(b). (10) Recreational vehicles placed on sites within zones VE, V1-V30, V (with base flood elevation) on the FIRM either: (a) Be on the site for fewer than 180 consecutive days; (b) Be fully licensed and ready for highway use (on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or (c) Meet the requirements of subsections 54-51(2) through (8). (d) Prohibit the placement of recreational vehicles, except in an existing recreational vehicle park. Recreational vehicles placed on other sites in an existing recreational park must be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (on its wheels or jacking system, is attached to the site by quick disconnect type utilities and security devices, and has no permanently attached additions). 14 386 They shall also have a plan for removal in case of a threat at least four hours prior to the arrival of the threat. (11) For all structures located seaward of the coastal construction control line (CCCL), the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the flood elevation established by the Florida Department of Environmental Protection or the base flood elevation, whichever is higher. All nonelevation design requirements subsections 54-51(2) through (10) shall apply. (12) When fill is proposed, in accordance with the permit issued by the Florida Department of Health, in coastal high hazard areas, the development permit shall be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not increase the water surface elevation of the base flood nor cause any adverse impacts to the structure on site or other properties by wave ramping or deflection. SECTION 5. That Division 5 of Article II of chapter 54 of the Code of the City of Miami Beach is hereby amended as follows: DIVISION 5. Variance Procedures * * * Sec. 54-52. Designation of variance and appeals board. The city's floodplain management board shall hear and decide appeals and requests for variances from the requirements of this article. Sec. 54-53. Duties of variance and appeals board. The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the building director or his/her designee floodplain administrator in the enforcement or administration of this article. Any person aggrieved by the decision of the board may appeal such decision to the circuit court by petition for writ of certiorari according to the rules of appellate procedure. Sec. 54-54. Variance procedures. In acting upon such applications, the city's floodplain management board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and (1) The danger that materials may be swept onto other lands to the injury of others; 15 387 (2) The danger of life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (1 0) The expected heights, velocity, duration, rate of rise, and sediment of transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. Sec. 54·55. Conditions for variances. (1) Variances shall only be issued when there is: (a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would result in exceptional hardship; and (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (2) Variances shall only be issued upon a determination that the variance is the minimum necessary deviation from the requirements of this article. (3) The building director or his/her designee floodplain administrator shall maintain the records of all variance actions, including justification for their issuance or denial, and report such variances in the city's NFIP biennial report or upon 16 388 request to FEMA and the State of Florida, Department of Community Economic Opportunity Affairs, NFIP coordinating office. (4) Applicant shall take all necessary steps to have a building permit issued by the building department within a period of 18 months from the date of issued variance or it shall become null and void. Sec. 54-56. Variance notification. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: ( 1) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage, and (2) Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the building director or his/her designee floodplain administrator in the office of the clerk of court and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. Sec. 54-57. Historic structures. Variances may be issued for the repair or rehabilitation of "historic" structures, meeting the definition in this article, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a "historic" structure and the variance is the minimum necessary deviation from the requirements of this article to preserve the historic character and design of the structure. Sec. 54-58. Structures in regulatory floodway. Variances shall not be issued within any designated floodway if any impact in flood conditions or increase in flood levels during the base flood discharge would result 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. 17 389 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. 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 (Sponsored by Mayor Matti Herrera Bower) F:\ATTO\TURN\ORDINANC\Fioodplain Management Amending Chapter 54 FINAL 4-30-13.docx 18 390 THIS PAGE INTENTIONALLY LEFT BLANK 391 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 62, Entitled "Human Relations," By Amending Article Ill, Entitled "Domestic Partnerships," By Amending Sec 62-128 To Add Sec. 62- 128(d) To Provide Tax Equity To City Employees With Domestic Partners Enrolled In The City's Health And Dental Plans Who Currently Bear A Disproportionate Tax Burden Over That Of Their Married Counterparts. Ke Intended Outcome Su orted: Attract and maintain a workforce of excellence. Promote and celebrate our City's diversity. Supporting Data (Surveys, Environmental Scan, etc.): ~3.8% of employees agree or strongly agree that they would recommend the City as a place to work. 93% of ~mployees agree or strongly agree that they are proud to be a City employee. The City has 68 employees who ~re registered with the City's Human Resources Department as having a domestic partner. Of these registered ~omestic partners, only 19 have elected to enroll in the City's medical and/or dental coverage or in the IAFF Health Trust Plan. Item Summary/Recommendation: FIRST READING PUBLIC HEARING The City offers health benefits to all general employees and their legal dependents through a self funded insurance plan and also contributes to both, the International Association of Fire Fighters (IAFF) Health Trust and the Fraternal Order of Police (FOP) Health Trust plans. Currently, the FOP Health Trust does not provide coverage for registered domestic partners. Under current Internal Revenue Service (IRS) guidelines, employees who provide medical and dental coverage for their registered domestic partner are not eligible to take advantage of before-tax payroll contributions for their premium share of their domestic partners coverage and are responsible to report, as additional earnings, the value of the premium cost paid for this coverage by their employer. To correct this tax inequality, the City could increase the employee's pay an amount equal to the tax liability incurred by the employee for the domestic partner's medical and dental coverage. Adviso Board Recommendatioo: At their April 25, 2013 meeting, the Finance and Citywide Projects Committee (FCWPC) recommended the reimbursement of the federal income tax liability for those employees with registered domestic partners who have elected coverage under the City's medical and dental plans; and the notification to all employees of the City's reimbursement, effective for the Fiscal Year 2013/14. In addition, the FCWPC directed the Administration to work with the FOP Health Trust to encoura e the inclusion of re istered domestic artners. Financial Information: Source of ·~----r-------------~------------------------------------------, Amount Account Funds: 1 $80,000 TO Be Determined in the FY 2013/14 Budget Process c·~ r:::---2--+---------=-:::-::-:::-=----t-------------l OBPI Total $80,000 Financial Impact Summary: Based on a current analysis of the total annual fiscal impact for refunding this additional tax liability at current enrollment levels and premium costs is $53,850.36. It is estimated that the enrollment for domestic partner health care coverage could increase by 40 percent with the change, resulting in an annual cost to the Cit of a roximatel $80,000 City Clerk's Office Legislative Tracking: [ ----------------------------------------------~ Si n-Offs: Assistant City Manager --------------+---~~~~~----------~r-~--~~--7r---------· Jimmy L. Moral s • MIAMI BEACH 392 City Manager AGENDA iTEM DATE MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, \IIIWW.miamibeochfLgov COMMISSION MEMORANDUM First Reading TO: Mayor Matti Herrera Bower and M mbers of tt~t:ommission FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 SUBJECT: AN ORDINANCE AMENDING T E CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 62, EN ITLED "HUMAN RELATIONS," BY AMENDING ARTICLE Ill, ENTITLED "DOMESTIC PARTNERSHIPS," BY AMENDING SEC 62- 128 TO ADD SEC. 62-128(D) TO PROVIDE TAX EQUITY TO CITY EMPLOYEES WITH DOMESTIC PARTNERS ENROLLED IN THE CITY'S HEALTH AND DENTAL PLANS WHO CURRENTLY BEAR A DISPROPORTIONATE TAX BURDEN OVER THAT OF THEIR MARRIED COUNTERPARTS. BACKGROUND At its June 12, 2012 meeting, the Miami Beach Gay, Lesbian, Bisexual and Transgender Business Enhancement Committee ("BEC") held a discussion regarding the heavier tax burden for City of Miami Beach employees with registered domestic partners that elect to enroll their domestic partner in the City's medical and dental health plans, over that of their married counterparts. A motion was passed by the BEC recommending the City to reimburse the additional income tax liability to these employees who bare a heavier tax burden for enrolling their registered domestic partner in the City's sponsored health plans. This additional federal income tax liability is not incurred by employees that have the right to marry who participate in a medical plan sponsored by the City. Mayor Matti Herrera Bower referred the matter to the FCWPC on March 13, 2013, for discussion and on November 30, 2012, a similar referral to the FCWPC was made by Commissioner Michael Gongora. This item was heard at the April 25, 2013 FCWPC meeting. The item was introduced and an explanation of the additional tax liability incurred by employees providing health and dental coverage for their registered domestic partners was provided. The item was then discussed by the FCWPC who agreed the additional tax liability created tax inequities between employees providing health and dental coverage for their legal spouse versus coverage provided by and employee for their registered domestic partner. The members of the FCWPC unanimously approved the Administration's suggested remedy, correcting an inequality imposed by the Federal Government, by providing reimbursement of the additional tax liability to those employees providing medical and/or dental coverage to their registered domestic partner. By passing such an ordinance, the City would be correcting an inequality imposed by the Federal Government, enhancing our City's message of embracing and welcoming equality, diversity and no tolerance for discrimination. In addition, Employers who offer the reimbursement also do so to attract the most talented labor pool for their workforce. 393 City Commission Meeting May 8, 2013 Domestic Partnership Tax Credit Page 2 of 7 ANALYSIS Exclusions from taxable compensation for benefit costs provided by an employer are governed by the Internal Revenue Service (IRS) Code. These requirements provide that, to be excluded from paying federal income taxes on insurance benefits, the benefits must be provided to the employee and their qualified tax dependent(s), as defined by IRS. Qualified tax dependents include the employee's legal spouse and/or dependent children. For federal tax purposes, domestic partners, both same or opposite sex, are not included in the IRS definition of a "spouse", therefore tax benefits at the federal level do not exist for domestic partners (except in rare instances where the domestic partner might also qualify as the employee's dependent). Unless the domestic partner is the employee's qualified tax dependent, the premium paid by an employer for domestic partner health care benefits is considered as income to the employee and must be included as taxable income to the employee. The City offers health benefits to all general employees and their legal dependents through a self funded insurance plan. In addition, the City also contributes to both, the International Association of Fire Fighters (IAFF) Health Trust and the Fraternal Order of Police (FOP) Health Trust plans. The City provides health benefits coverage for an employee's registered domestic partner, either same or opposite sex. In addition, the IAFF Health Trust also provides healthcare coverage to registered domestic partners; however, the FOP Health Trust does not provide for this benefit. In accordance with IRS code, the employer's share of the premium cost for healthcare coverage provided to a domestic partner is considered income and is therefore, subject to Federal Income tax and Medicare tax withholdings. This cost is considered imputed income and is reported on the employee's annual W-2 earnings statement. In addition, since the domestic partner is not considered a qualified tax dependent under the IRS code, the employee's premium contributions for the coverage provided to a domestic partner is deducted from their payroll check as a post-tax contribution. An employee who enrolls his/her domestic partner for health benefits has two (2) medical deductions, one for the employee's pre-tax premium payment equivalent to the premium cost of "Employee Only" coverage and a second, post-tax deduction for the domestic partner's post-tax premium payment, equivalent to the difference between the "Employee Only" contribution rate and the contribution rate for 'Family" coverage. This post-tax premium payment for the domestic partner's healthcare coverage is in addition to the employee's federal tax liability for the City's premium payment for the domestic partner's coverage. The City provides a premium subsidy for all medical plans including the Self-Funded Health Plan and the International Association of Fire Fighters (lAFF) Health Trust plan and the Fraternal Order of Police (FOP) Health Trust plan. The attached spreadsheet ("Attachment A") provides a summary of the City's current monthly premium costs and the monthly and annual additional taxable income charged to an employee who has elected domestic partner healthcare coverage for the Self-Funded Health plan and the IAFF Health Trust plan which, both provide for registered domestic partnership healthcare coverage. This same formula is applicable to dental insurance, as also referenced in the table. This taxable income is referred to as imputed income and is equal to the difference between the City's premium contribution for "Employee Only" coverage and the City's premium contribution for "Family" coverage. 394 City Commission Meeting May 8, 2013 Domestic Partnership Tax Credit Page 3 of 7 ADMINISTRATION DUE DILIGENCE To provide financial relief for the additional federal income tax liability for the coverage of a domestic partner, the City could increase the employee's pay in an amount equal to the tax liability incurred by the employee for the domestic partner healthcare coverage. Because the employee's tax liability for the benefit is mandated by the IRS, the Administration wanted to be certain that the City and the employee would not incur any legal or financial consequences for providing a refund to the employee for this additional tax liability. To that end, the Administration sought advice from its benefit plan consultant, Gallagher Benefit Services (GBS). The benefits attorney for GBS has advised the Administration that adjusting an employee's earnings to offset the additional tax liability is lawful because the City would still be in compliance with the IRS code, as the employee would continue to incur the tax liability for the value of the coverage for their domestic partner's healthcare coverage which would continue to be reported on the employee's annual W2. The City's reimbursement of the tax liability would be considered additional income to the employee and this additional income would be subject to federal tax withholdings. The reimbursement offered to the employee by the City is considered a taxable adjustment to the employee's pay -it is not a refund. Since the employee's tax liability is a fixed bi-weekly cost based on their selected medical and/or dental insurance pian, the tax liability can be calculated on a dollar-to-dollar basis to determine the City's reimbursement. FINANCIAL IMPACT As of January 17, 2012, the City has 1 ,938 active full-time and part-time employees, 68 employees who are registered with the City's Human Resources Department as having a domestic partner. Of the 68 registered employees, eleven (11) active and two (2) retirees have elected to enroll in the City's medical and/or dental coverage and six (6) have elected coverage in the IAFF Health Trust plan. The attached schedule (Attachment "B") calculates the fiscal impact of implementing a bi-weekly tax reimbursement to each of the aforementioned City employees with domestic partners enrolled in their health benefits plan. Based on the attached analysis, the City's total annual fiscal impact for refunding the employee's additional tax liability for domestic partner coverage is $53,850.36. By order of magnitude, if enrollment for domestic partner healthcare coverage increased by forty-percent (40%), the City's annual cost for the reimbursement is estimated to be less than $80,000, (based on current medical and dental premium costs). GOVERNMENT AGENCIES THAT ARE GROSSING UP 1 Three (3) other known municipalities offer reimbursement of the employee's income tax liability for domestic partner coverage; San Francisco, California; Cambridge, Massachusetts; and the 1 Gross up means to increase a net amount to include deductions, such as taxes, that would be incurred by the receiver. 395 City Commission Meeting May 8, 2013 Domestic Partnership Tax Credit Page 4 of 7 City of Hallandale Beach, Florida. Additionally, the Palm Beach County Property Appraiser's Office enacted a "grossing up" policy, making it the first known county agency in Florida to adopt such a policy. Their adopted policies are as follows: CAMBRIDGE, MA Effective July 1, 2011, employees for the City of Cambridge, Massachusetts, who have same- sex spouses, received an additional payment to cover federal taxation of the benefits coverage the city provides those spouses. The Cambridge action was in response to a January 10, 2011, City Council resolution ordering a study of how the federal tax treatment of spousal benefits affects the benefits that the city provides its employees and their spouses. It also ordered that the city find a way to ameliorate the effect of the differential tax treatment for city employees with same-sex spouses. On May 23, 2011, Cambridge City Manager, Robert W. Healy issued a letter stating that the city's remedy for the disparity was to provide a quarterly stipend that is equal to twenty percent (20%) of reported taxable income imputed to the employee for health and dental coverage. This program began July 1, 2011, for non-union and management employees; for employees who belong to unions, the city could implement the stipend as part of new contracts when they are negotiated. CITY OF HALLANDALE BEACH. FLORIDA At its November 7, 2012, City of Hallandale Beach Commission meeting, a resolution was adopted by the Mayor and City Commission, approving a tax equity reimbursement program for domestic partnerships, authorizing the City Manager to take the necessary action to implement the program. The tax equity solution offers City of Hallandale Beach employees who enroll their domestic partners under the City's health insurance plan with a $500 tax equity reimbursement to mitigate the impact of the additional imputed income tax. A tax equity reimbursement application is required to be filed with its Human Resources Department on May 1st of every year that that the additional tax was deducted. City of Hallandale Beach was the first city in the State of Florida to implement a tax equity reimbursement program. PALM BEACH COUNTY PROPERTY APPRAISER GARY R. NIKOLITS. FLORIDA The Palm Beach County Property Appraiser's Office implemented a policy to offset the additional taxes paid by employees who elect to provide health insurance to their domestic partners. The action was taken upon the request of the Palm Beach County Human Rights Council. The policy, which went into effect in January 2013, provides employees who elect to insure their domestic partners with a tax equity reimbursement of twenty dollars ($20) on a bi-weekly basis, aimed at mitigating the impact of the additional imputed income tax. Palm Beach County Property Appraiser Gary R. Nikolits is the first elected constitutional officer in Florida to implement a tax equity program. His office has offered domestic partnership health insurance since 2004. 396 City Commission Meeting May 8, 2013 Domestic Partnership Tax Credit Page 5 of 7 Currently no state agencies offer grossing up. However, two (2) other Florida government agencies are in the process of implementing grossing up polices including, the City of West Palm Beach and the Palm Beach County Tax Collector's Office. PRIVATE SECTOR POLICIES As of December 2012, TD Bank announced that it will begin offsetting the tax burden that its employees pay for domestic partner benefits. Other private employers who have implemented similar programs include: American Express, Apple, Bank of America Corp., Cisco Systems Inc, Corning, Biogen Corp., Facebook, Goldman Sachs, Google, Kimpton Hotels, Microsoft, Morgan Stanley and Yahoo!. It is important to note, in discussion with each of the entities who have enacted a reimbursement program to their employees providing health care coverage for a domestic partner, none have experienced a significant increase in the number of employees enrolling their domestic partner in health care coverage. COMPUTING THE GROSS UP AMOUNT In processing the tax reimbursement for an employee providing medical coverage for their registered domestic partner, the Administration deliberated how it could determine the appropriate reimbursement in order to make the employee financially whole. In other words, Administration calculated the difference in Federal Income taxes paid by an employee who is legally married and purchasing the City's medical and/or dental plan coverage for their spouse; and, an employee purchasing the City's medical and dental plan for their registered domestic partner. In order to determine this liability, multiple scenarios were processed within the payroll database for each employee whose domestic partner was enrolled in the City's medical and/or dental plans as follows: • Scenario One (1) - A sample employee's enrollment was processed as if they were electing medical and dental coverage for their legally married spouse; providing them with "Family Medical" coverage. As the spouse is considered a tax dependent by the IRS, there is no additional tax liability to the employee for the spouse's coverage. In this scenario, the employee's bi-weekly contribution is pre-tax. Therefore, an employee's tax liability is reduced because their pre-tax premiums reduce their taxable wages. • Scenario Two (2) - A sample employee's enrollment was processed as if they were electing medical and dental coverage for their registered domestic partner. Pre-tax contributions were taken for "Employee Only" coverage and post-tax deductions were taken for the difference of "Employee Only" coverage and "Family" coverage for the registered domestic partner. Furthermore, the additional tax liability, or "Imputed Income" incurred by the employee for the City's cost for the registered domestic partner's coverage (this cost is equal to the difference between the City's costs for Employee Only" and "Family" coverage) was included in the employee's earnings as imputed income. The employee's tax liability was determined by subtracting the employee's net pay as described in Scenario Two (2), from their net pay in Scenario One (1 ). It is important to note that the Administration made no changes in the employee's W2 election, the only difference is the change in enrollment from domestic partner to spouse. Using this method provides the 397 City Commission Meeting May 8, 2013 Domestic Partnership Tax Credit Page 6 of 7 employees with the most accurate determination of the actual extra tax liability. An example of this payroll process can be viewed in Attachment "C". The sample employee depicted in Attachment "C" would receive a bi-weekly reimbursement of $142.92, which is the total federal income tax liability for electing medical and dental coverage for their registered domestic partner. Grossing-up the Gross-up It is important to note, the bi-weekly reimbursement amount, or the gross-up, is subject to federal income tax, as well. In an effort to make the employee whole, the gross-up amount should be grossed-up to consider the additional tax liability to the employee. To determine this additional tax liability, each employee whose domestic partner was enrolled in City medical coverage would have their payroll processed under a third scenario. • Scenario Three (3) - A sample employee's enrollment was processed providing coverage for their registered domestic partner; pre-tax contributions were taken for "Employee Only" coverage and post-tax deductions were taken for the difference of "Employee Only" coverage and "Family" coverage for the registered domestic partner. The previously determined additional tax liability was included in the employee's earnings as imputed income as well as the gross-up amount determined by subtracting the employee's federal income tax liability under Scenario One (1) from their federal income tax liability under Scenario Two (2). The new gross-up of the gross-up amount would be determined by subtracting the employee's federal income tax liability under Scenario Two (2) from their federal tax liability under Scenario Three (3). This additional federal income tax liability of $37.80 would be added to the tax liability from the difference of Scenario One (1) and Two (2) to create the total gross-up amount of $180.72 to be reimbursed. A copy of this payroll process can be found in Attachment "C". CONCLUSION As recommended by the Administration, the FCWPC further recommends the resulting gross-up of the gross-up amount in the three (3) scenarios referenced above be refunded on a bi-weekly basis to employees who have elected medical coverage for their registered domestic partner. This amount would be determined on an annual basis, beginning with the employee's first payroll check of the City's Fiscal Year, which begins on October 1st of each calendar year. Said reimbursement would remain unchanged until a new fiscal year begins. The estimated annual fiscal impact of grossing up is $80,000 based on current enrollment and insurance premium costs. If approved, the Administration will notify all employees of the City's reimbursement of the cost of providing coverage for their domestic partner during the City's annual open enrollment and prior to the beginning of the City's fiscal year. In addition, at the request of the FCWPC, the Administration will work with the FOP Health Trust to encourage them to provide medical coverage to their members with registered domestic partners. JLM//KGB/CMG/SR/CD T:\AGENDA\2013\May 8\Domestic Parnter Tax Credit Memo.docx 398 "Attachment A" Determination of Imputed Income 399 Determination of lnputed Income Exludes FOP H~alth Trust as they cvrreot!y do not provide health benefits for domestic partners Medical Plan. Medical Plan Standard HMO Premium HMO. Standard PPO Premium PPO POS IAFF Health Trust* Standard HMO Premium HMO Standard PPO Premium PPO POS lAf'F Health Trust;~ Dental PPO OHMO PPO DHMO Employee Only Coverage Total Monthly Employee City Premium PaYs Pays $464.56 $1.34.72 $329.84 $7!33.48 $381.74 $381.74 $902.42 $261.70 $640.72 $1,527,13() $763,.90 $763.90 $850.12 $4Z5.06 $425.06 $522.02 $40.00 $482.02 Employee's Taxable Monthly Imputed Income The difference of the City's cost for Family coverage vs Employee Only Coverage family Coveage less Equals lmpvted Employee Only coveage Income $679.60-$329.84"" $349.76 $946.40-$3£;11 .74::: $564.66 $1,306.64-4640.72"' $665,92 $1,874.46-$763.90"" $1 '110.56 $1,054.86-$425.06 :;;> $629.80 $1,174,15.$482.02"' $692.13 Standard HMO Premium HMO Standard PPO Premium PPO POS fAFF Health Trust" Monthly Annual Imputed Imputed lncom~;t fncoma Taxed as Taxed as Earnings Earnings $349.76 $4,197.12 $564.66 $6,175.92 $665.92 $7,9f;1.04 $1,110.56 $13,326,72 $629.80 $7,557.60 $692.13 $8,305.56 Dental Plan Employe& Only Coverage Total Monthly Employee. City Premium Pays Pays $20.08 $10.04 $10.04 PPO $7.38 $3.69 $3.69 OHMO Employee's Taxable Monthly Imputed Income The difference of the City's cost for F;:~mily coverage vs Employee Only Coverage Mt:mthly Annt~ai Imputed Imputed fncome Income EmplOyee + 1 coverage less t:quals Imputed Taxed as Taxed as Employee Only coveage income Earnings Earnln~s $19 .. 35 •. $10.04 = $9.31 $9.31 $111.72 $6.45.$3.69 "'$2.76 $:2.76 $33.12 Family Coverage Total Monthly Employee City Premium Pays Pays $1,151.86 $472.26 $679,60 $1,892.80 $946.40 $946.40 $2.214.134 $908.00 $1,306.64 $3,748.B2 $1,874.46 $1,874.46 $2,109.72 $1,054.86 $1,054.86 $1,248.65 $74.50 $1,174.15 Employee + 1 Cov~rage T ota! E ! Ct'+t' Monlh!y mp oyee ,, Premium Pays Pays $3/UO $19.35 $19.:35 $12.90 $6.45 $6A5 "Includes premium Gost for dentaL The IAFF Health Trust medica1 and dental benefits are bundled ln one plan. 400 &I Attachment 8" Computing the Gross up Amount Spreadsheet 401 ~ 0 f\) Computing the Gross up Scenarlo2 Sceenario3 · Additional Federallncome and Medicare Additional income tax paid paid by the Scenarto 1 Tax liability for employees providing employee for the total amount Federal tncome and Medicare Tax medical coverage for a registered reimbursed for their additlonal.Federal liability for married employees domestic partner Income and Medicare Tall Difference Difference Difference Federal Federal Scenario 2 · .. Federal Scenario 3 Scenario 3 tncom:eTax Medicare l{)tal Withholding Medicare Total over . WithhOlding Medica rtf Tota~ over over Employee f'aii.f Tax Paid Withholding Tax Paid Tax Paid Withholding Scenario 1* 1 TaxPaid ' Tax Paid Witllhotding Scenario 2** Scenario 1 ,...., 1 $506.33 $46.91 $553.24 $1141.41 $54.75 $696.16 $142.9:! $677.14 $55.'82 $7:i3.96 $37.80 2 $81.06 $19,5.5 $100.61 $159.16 $27.10 $186.26 $85.65 $172 . .Cl1 $28.35 $200.36 $14.10 3 $21.9.41 $26.63 $256.04 $359.59 $34.18 $393,77 $137.73 $394.0Z. $36.18 $430;20 $36.43 4 $274.37 $33.24 $307.61 $405.23 $40.83 $446.06 $138.45 $439.85 $42:84 $482li9 $36.63 5 $1,317.99 $63.84 $1,381.83 $1,469.29 $71.67 $1,540.96 $159.13 $1,513.85 $73.98 $1.587JB $46.87 6 $200.17 $24.75 $224.92 $30335 $32.30 $335.65 $110.73 $364.78 $34.29 $399.01 $63.42 7 $934.05 $59.48 $1,003.53 $941.87 $fi9.89 $1.1.111. 76 $8.23 $944.18 $70,00 $1;014.18 $2A2 8 $111.75 $19.S9 $151;'64 $H2.99 $20.01 $153.00 $1.36 $133.20 $20.1)3 $153.23. $0.23 9 $169.97 $2.4.34 $194.31 $174.16 $24.75 $198.91 $4.60 $174.!)4 $24~81 $199.65 $0.74 10 $895.79 $78.78 $975.57 $905.47 $79.22 $984.69 $9.12 $908.03 $79:36 $987.39 $2.70 11 $33.91 $3V:l9 $£5.80 $55.54 $34.00 $89.54 $23.74 $5£1:10 $34.35 $93.45 $3.91 12 $776.11 $63.67 $839.78 $816.89 $65,78 $882.67 $42.8.9 .$828.90 $66.41 $895.31 $12.64 13 $753.14 $59.66 $812.80 $869.20 $65.67 $934.87 $122.07 $903,38 $67.44 $970.82 $35.95 14 $751..£6 $64.84 $816.50 $79:t44 $66.95 $859,39 $42.89 $804.44 .$67;58 $872.02 $12.63 1.5 $1,096.98 $85.89 $11132..87 $1,319.76 $97.42 $1,417.18 $234.31 $1,385.37 $100.82 $1,48!5.19 $69.01 15 $227.01 $26.56 $25359 $357.:w $34.11 $39131 $137.72 $391.63 .$36.10 $4:27,73 $36.42. 17 $2.36.05 $27.47 $263.52 $368.98 $35.15 $404.13 $14'0.61 $404,14 $37;22 $441:36·· $37.23 18 $212.19 $51.03 $2.63.22 $315.32. $57.04 $372.36 $109.14 $343.23 $58.63 $401.86 $29.50 19 $434.45 $0;00 $434.45 $616.60 $0.00 $616.60 $182.15 $662.14 $0.00 .$6$2.14 $45.54 Bi-Weekly Total $1,833A4 $524.17 Annual Total $.44,002. 51 $12.580.13 -----~-·-·-------····-···-·-··---------~-----------·----~· '"This difference represents the additional Federal Income and Medicare Taxes paid bi·weekly by the employee providing coverage for thelr registered domestic partner versus the Federal lncome and Merlkare Taxes paid by employees providing medical coverage for the legal spouse, The Administration recommendes the reimb1,1rsement of thls additional cost to the employee. .$180.72 $99.75 $174.16 $175.1)8 $206.00 $174.15 $10.65 $1.59 $5.34 $11.82 $27.65 $55.53 $158.02 $55.52 $30332 $174.14 $177.84 $138.64 $221.69 $2,351.61 $53,850.36 *'Thls difference represents the additlonallncome tax paid paicj by the employee for the total amount reimbursed for the federal Income and Medkare Tax. The Administration recommendes the reimbursement of this additional cost to the employee. *"*Thls difference represents the total additional ferlerallncome and Medicare Tax paid by the employee providing coverage for their registered domestic partner. This reimbursement indudes the total amount of additional Federal Income and Medlcare Ta>tes paid pa!d by the employee for the domestic partner coverage, plus the amount of additional feder.ai Income and Medicare Taxes paid by the employee for the amount r-eimbursed. Thls is the total bi-weekly amount the Administration recommends to he reimbursed to employee's providing health care coverage fur their registered domestic partner; an annual co5t to the City .of $51,118.08 l "Attachment C" Sample Employee•s Payroll Processing Worksheets 403 ~ 0 ~ Sample Employee Scenario 1 EARNlNGS SECTION Payroll Processing Report CITY Of MIAMl BEACH 1/14/2013 to ·1{2712013-1 Cycle bw DEDUCTIONS SECTION Type Hours/units Rate Amount Src Plan ~ ~~iol"!. BenefitfCont -----------Emp# ~ 1-"os # hol ltd reg SUN Appoint Tqtals: Home Dept; hoi ltd reg :S!lf\1 Totals 8.00 ~0.00 n.oo 80.{)0 80.00 8.00 80.00 72.00 80.00 80.00 349.03 0 3,490}}4 349.08 3,1190.84 p D p f>vt medcr rlppn2 loll moe mbmp mberp2 natwid bas'icl dep!f4 fmlfue Sa!<~ry: 3,490 . .84 Hourly: 43.():355 2,8t1tt27 3,235.36 3,49tL84 3,49tU34 3,490.84 Employees: 1 basic! dep!f4 dppn2 fmlfee fwt !Qchmoc rnberp. mbarp2 tnedcr natwld .2,8813,27 :;\,490.84 3,490.84 3,235.36 3.490.84 500.33 46.91 19.35 235.13 279.27 69.82 0.00 3.41 2.00 0.00 1 '163.22 3.41 2.00 19.35 506.33 236.13 279.27 ss.s<r 46.91 1,163.22 0.00 4$.!H !9.35 33!:Ul0 (H)Q 0.00 0.00 3.56 0,00 i.49 •HU1 3.56 Hl35 1.49 339.80 46:91 411.11 Page: 1 Status: .Active En1pluyees LEAVE SECTiON LvP!an Accrued Taken Banked ----s.~!JQn v.,.:gen 3.69 5.23 Lust C_ G~~~ ~:~~~:~ -------------_j S_.9Uil v_gen 3.69 5.23 r ----Gr~s$; 3,490.84 I Net 2,327.62 << No Errors I No Warnings >> ...._ _________________ ,. -------------------------------Page:1 ~ 0 CJ1 Type Ernp# Pos # demd dornrn hol ltd re.g serv Appoint Totals: Sample Employee Scenario 2 EARNINGS SECTIOfl! Hoursfunlts ---·---0.00 8.00 80.00 72.00 80.00 80.00 R<"lte Home Dept: dumd 0.00 domm 0.00 hol 8.00 ltd 80.00 reg 72.00 serv 80.00 Totals f.HlOO Amount Src p p 349.08 I) p D p -3A90J34 349.08 3,400.84 Payroll Processing Report CITY OF MIAMI BEACH 1/14/2013 to '1/27/2013w1 Cycle bw DEOUCTlONS SECTION Page: 2 Status: Active Employees LEAVE SECTION Plan 6aseWag.es Deduction Benefit!Cont LvPlan Accrued Taken Banked Lost fwl medcr dppo1 !ohmcc mberp mberp2 natwid basic! dep1f4 dpdppo dplhmo fm!fee Snlary: 3,490.84 Hourly: •1:3.6355 3,426.62 3,1'75.7'! 3,490.84 3,490.84 3,490.84 Employees: 1 basic! dep!f4 <Jpdppo dp!hmo tippo\ fm!lee fwt !ohmoc mberp mberp2 meacr na!>vid 3.426.62 3.490.84 3.4~10.84 3,775.71 3.490.84 641.41 54.75 10.04 67.36 279.2.7 69.82 0.00 3.41 2.00 9.31 Hm.n 0.00 1,306.14 3.41 2.00 9.31 1StL77 10.04 &HAi 137.3£ 7.79.21' 69.82 54.75 1,306.14 0.00 54.75 HHl4 164.92 0.00 0.00 0.00 3.56 0.00 !l31 174.S8 1.49 418,95 s_gen V,j}en 3.69 5.23 [ -----····· -~:;~~ ~:~:~:~6 .... HHH •• I 3.56 s_gen 3.69 5.2$ 9.31 i74J38 10.04 1.49 164.~12 54./'!.i 418.95 v_gen I Gross: 3,490.84 I Net: 2.;Hl4.70 << Nq Errors !No Warnings >> --------·------·----------------------Page: 2 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 62, ENTITLED "HUMAN RELATIONS," BY AMENDING ARTICLE III, ENTITLED "DOMESTIC PARTNERSHIPS," BY AMENDING SECTION 62-128, ENTITLED "EMPLOYMENT BENEFITS" TO ADD SECTION 62-128(d) TO PROVIDE TAX EQUITY TO CITY EMPLOYEES WITH DOMESTIC PARTNERS ENROLLED IN THE CITY'S HEALTH AND DENTAL PLANS WHO CURRENTLY BEAR A DISPROPORTIONATE TAX BURDEN OVER THAT OF THEIR MARRIED COUNTERPARTS. WHEREAS, the City provides health and dental coverage to all its general employees, their legal dependents and registered domestic partners through a self-funded insurance plan; and WHEREAS, the City contributes a portion of the cost of this coverage; and WHEREAS, the City also contributes to health plans for both the Fraternal Order of Police (FOP) and International Association of Fire Fighters (IAFF); and WHEREAS, only the legal spouse of an employee is recognized as a legal tax dependent by the Internal Revenue Service (IRS); WHEREAS, current federal tax law does not require employers, including the City, to tax the employer and employee contributions to spousal health insurance coverage; and WHERAS, registered domestic partners are not considered a legal spouse by the IRS; and WHEREAS, current federal tax law require employers, including the City, to tax the value of the employer cost of health and or dental coverage and the employee contributions for health and or dental coverage for a registered domestic partner; and WHEREAS, an unfair tax burden is thereby imposed upon City employees providing medical and or dental coverage for their registered domestic partner; and WHERAS, employees providing health and or dental coverage for their registered domestic partner must pay more federal taxes than employees providing health or dental coverage for their legal spouse for the same health insurance coverage; and WHEREAS, effective October I, 2013, to provide tax equality to those employees providing health and or dental coverage to their registered domestic partner the City will determine an amount equal to the difference of the tax liability incurred by an employee providing health and or dental coverage for their registered domestic partner of that of an employee providing health and or dental coverage for their legal spouse; and 406 WHEREAS, this difference will be reimbursed to the employee via their bi-weekly payroll check until such time as registered domestic partners are recognized as a legal dependent by the IRS, the employee terminates health and or dental coverage for their registered domestic partner, or he employee marries; and NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. That Section 62-128 of Chapter 62 of the City Code is hereby amended as follows: Chapter 62 HUMAN RELATIONS * * * Article III. Domestic Partnerships * * * Sec. 62-128.-Employment benefits. (a) Employees shall be granted bereavement leave with pay for the death of a domestic partner or family member of a domestic partner as set forth in the union contracts governing city employees, Ordinance Nos. 1335 and 1613, and the city's administrative policies. As to employees governed by union contracts, this benefit is contingent upon approval of the benefit by the unions to the extent such approval is necessary. (b) Employees shall be granted sick leave, family medical leave, or leave without pay to care for a domestic partner as set forth in Ordinance Nos. 1335 and 1613 and the city's family medical leave policy. (c) Employees' domestic partners shall be allowed to be members of the city health plan as set forth in the union contracts governing city employees, ordinances and the city's administrative policies. As to employees governed by union contracts, this benefit is contingent upon approval of the benefit by the unions to the extent such approval is necessary. (d) For so long a period as the federal tax code imposes a heavier tax burden upon city employees who elect to provide health and or dental coverage for their registered domestic partner, the city administration is authorized and directed to reimburse these employees their total additional tax liability for said coverage. As to employees governed by union contracts, this reimbursement is contingent upon the inclusion of coverage for same and opposite sex domestic partners by the individual health plans. SECTION 2. CODIFICATION. 407 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'1 or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE The effective date of this ordinance is October 1, 2013. PASSED AND ADOPTED this __ day of ________ ,, 2013. ATTEST: Rafael E. Granado, City Clerk Matti Herrera Bower Mayor F:\ATTO\ROSR\RFR CMB\Gay Committee\Domestic Partner Tax Credit Ordinance (4-29-13).docx 408 APPROVED AS TO FORM& LANGUAGE &FOR EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK 409 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment modifying Parking District #5 in the Sunset Harbour area to allow parkin reductions for certain t pes of low scale residential uses. 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: FIRST READING The proposed Ordinance would modify Parking District #5 in the Sunset Harbour area to allow parking reductions for certain types of low scale residential uses. The Administration recommends that the City Commission approve the Ordinance on First Reading and set a Second Reading Public Hearing for June 5, 2013. Adviso_ry Board Recommendation: On April 3, 2013, the Planning Board transmitted the subject Ordinance to the City Commission by a vote of 7-0. Financial Information: Source of Amount Ac.count Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. Given the limited opportunities for residential adaptive re-use within parking district No. 5, the proposed Ordinance is not expected to reduce the revenues to the City generated by fees in-lieu of parking. Balanced against a potential loss of parking impact fee revenue is the potential for increases in the property tax base and income from permits and fees that may be associated with an increased level of residential adaptive neighborhood. . C1t Clerk's Off1ce Le 1slattve Trackm Departm~nt Director T:\AGENDA\2013\May 8\Reidential Parking Sun e Harbor-SUM 1st read.docx MIAMI BEACH 410 re-use in the Sunset Harbour AGENDA ITEM R s & DATE y..g-13 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Flori do 33139, www. miamibeochfl.gov TO: FROM: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and M Jimmy L. Morales, City Manager mbers ~mission DATE: May 8, 2013 FIRST READING SUBJECT: Residential Parking Requirement for Sunset Harbour Area ANORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE II "DISTRICT; REQUIREMENTS," SECTION 130-33 "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4 AND 5," BY AMENDING THE PARKING REQUIREMENTS FOR SUNSET HARBOUR PARKING DISTRICT NO. 5 FOR RESIDENTIAL AND LIVE-WORK TYPE USES; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance on First Reading and set a Second Reading Public Hearing for June 5, 2013. BACKGROUND On December 12, 2012, the City Commission adopted an Ordinance amendment creating Parking District No. 5 for the Sunset Harbour neighborhood. The subject ordinance reduced or eliminated required parking for certain types of small commercial businesses. It also set a lower threshold for Neighborhood Impact Establishments, requiring Planning Board review of restaurants over 100 seats/125 persons occupancy; previously such review was for 300 persons occupancy or more. The reduction of parking requirements resulting from this Ordinance was necessitated by the extreme difficulty of actually providing parking on-site within this constrained neighborhood. The policy of reducing parking requirements for small businesses is warranted now that the Sunset Harbour garage is operational. As part of the discussion on this Ordinance, the Commission referred a separate discussion item, pertaining to parking reductions for certain types of urban residential, 'Live-Work' uses, mostly included in adaptive re-use projects, to the Land Use and Development Committee. The Land Use Committee discussed the item on December 19, 2012 and referred the subject Ordinance to the Planning Board for consideration. ANALYSIS The original Sunset Harbour, Parking District No. 5 Ordinance did not exempt residential 411 Commission Memorandum Residential Parking Requirements for Sunset Harbour Area May 8, 2013 Page 2 of 3 or office uses from meeting parking requirements, as they have a different parking characteristic from retail. Persons shopping and dining tend to come and go throughout the day and evening, while office employees tend to stay parked all day long, and residents must find parking nearby each evening. Nevertheless, an initiative to explore parking reductions for certain types of residential uses was proposed by the City Commission during the discussion of the original Sunset Harbour Ordinance. In this regard, the adaptive re-use of existing buildings into live-work or residential spaces is a very worthwhile initiative, as it encourages people to live above or within their work place. Such close proximity of work and home can have positive benefits such as reducing the intensity of the district (depending on the type of work that would be permitted), decreasing the need for parking spaces and possibly reducing the carbon footprint by eliminating the need for vehicles that would be necessary to go to and from work. Now that the Sunset Harbour parking garage is completed and operational, the concept of tangible parking reductions for certain types of residential uses can be further explored, with the expectation that individuals will find parking in the nearby public parking garage. This type of initiative could be used as an incentive to either adaptively re-use existing buildings, or to foster the development of more low-scale, less intense, new construction projects. However, this type of use would likely not become predominant, as the number of buildings and properties within the Sunset Harbour parking district that would be available for 'Live-Work' or residential uses and conversions is limited. At the December 19, 2012 meeting of the Land Use Committee, consensus was reached on the practicality of creating some reductions in the off-street parking requirements for certain .types of residential uses in the Sunset Harbour area. Specifically, the Land Use Committee directed staff to prepare an Ordinance establishing a parking requirement of 1 space per unit for the new construction of residential units and no parking requirement for residential adaptive reuses. PLANNING BOARD REVIEW The Planning Board reviewed the subject Ordinance on April 3, 2013, and transmitted it to the City Commission with a favorable recommendation by a vote of 7 to 0. 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. Given the limited opportunities for residential adaptive re-use within parking district No. 5, the proposed Ordinance is not expected to reduce the revenues to the City generated by fees in-lieu of parking. Balanced against a potential loss of parking impact fee revenue is the potential for increases in the property tax base and income from permits and fees that may be associated with an increased level of residential adaptive re-use in the Sunset Harbour neighborhood. SUMMARY The proposed ordinance addresses the policy direction of the Land Use Committee, as well as the intent of the full Commission when it was referred the item last December. 412 Commission Memorandum Residential Parking Requirements for Sunset Harbour Area May 8, 2013 Page 3 of 3 The Administration believes that the Ordinance strikes a good balance between encouraging the adaptive re-use of smaller scale structures for residential use, while ensuring that larger residential projects will provide adequate parking spaces. CONCLUSION The Administration recommends that the City Commission approve the subject Ordinance at First Reading, and set a Second Reading Public Hearing for June 5, 2013. JLM/JGG/RGUTRM T:\AGENDA\2013\May 8\Residential Parking Sunset Harbor-MEM 1st read.docx 413 SUNSET HARBOUR RESIDENTIAL PARKING REQUIREMENTS ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE II "DISTRICT; REQUIREMENTS," SECTION 130-33 "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4 AND 5," BY AMENDING THE PARKING REQUIREMENTS FOR SUNSET HARBOUR PARKING DISTRICT NO. 5 FOR RESIDENTIAL AND LIVE-WORK TYPE USES; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Sunset Harbour neighborhood, as delineated by the boundaries in this ordinance is a neighborhood in transition from the light industrial uses that originally occupied the area, to an area of mixed uses, including residential; and WHEREAS, is it is desirable to have low scale, residential development, particularly as part of the adaptive re-use of existing structures; and WHEREAS, the purpose of these regulation is to provide incentives for a low- scale, neighborhood friendly residential development where people and commerce can exist side-by-side; and WHEREAS, the required parking as currently established in the Land Development Regulations of the City Code is one of the obstacles to incorporating low scale, residential development in the area and to a more pedestrian-friendly neighborhood; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. City Code Section 130-33 "Off-Street Parking Requirements for Parking Districts 2, 3, 4, and 5" is hereby amended as follows: Section 130-33. Off-Street Parking Requirements for Parking Districts 2, 3, 4 and 5. (a) Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking districts nos. 2, 3.1. 4 and 5 accessory off-street parking spaces shall be provided for the building, structure or additional floor area as follows. There shall be no off-street parking requirement for uses in this parking district except for those listed below: ( 1) Apartment building and apartment-hotel: 1 of 3 414 a. Apartment buildings on lots that are 50 feet in width or less: 1.5 spaces per unit. b. Apartment buildings on lots wider than 50 feet: 1.5 spaces per unit for units between 550 and 999 square feet; 1. 75 spaces per unit for units between 1000 and 1200 square feet; 2.0 spaces per unit for units above 1200 square feet. c. Designated Guest parking: Developments of 20 units or less shall have not designated guest parking requirements. Multi-family buildings and suites-hotels with more than 20 units shall be required to provide supplemental designated guest parking equal to ten percent of the required residential parking spaces. d. For apartment buildings located within parking district no. 5. there shall be no designated guest parking requirement; there shall be no parking requirement for existing structures utilized for residential apartments; 1 space per unit for new construction and/or additions utilized for residential apartments. Section 2. Repealer All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. Section 3. Codification It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, as amended; that the sections of this Ordinance may be re- numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 5. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of ____ , 2013. ATTEST: CITY CLERK 2 of 3 415 MAYOR APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION First Reading: May 8, 2013 Second Reading: June 5, 2013 Verified By: Richard G. Lorber, AICP Acting Planning Director T:\AGENDA\2013\May 8\Reidential Parking Sunset Harbor-ORO 1st read.docx 3 of 3 416 THIS PAGE INTENTIONALLY LEFT BLANK 417 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment modifying the setback requirements for certain t pes of encroachments including carports, mechanical equi ment and swimming pools. 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: FIRST READING The proposed Ordinance would modify the setback requirements for certain types of encroachments including carports, mechanical equipment and swimming pools. The Administration recommends that the City Commission approve the Ordinance on First Reading and set a Second Reading Public Hearing for June 5, 2013. Advisory Board Recommendation: On April 3, 2013, the Planning Board transmitted the subject Ordinance to the City Commission by a vote of 6-1. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney Si n-Offs: T:\AGENDA\2013\May 8\Accessory Setback En MIAMI BEACH 418 AGENDA ITEM _...;...R_5_/-=--(- DATE 5"-8', 13 ~ MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 FIRST READING SUBJECT: Accessory Setback Encroachme ts ANORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS", BY AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS", BY AMENDING SECTION 142-1132 TO MODIFY THE SETBACKS FOR ALLOWABLE ENCROACHMENTS INCLUDING DRIVEWAYS, CARPORTS AND MECHANICAL EQUIPMENT; BY AMENDING SECTION 142-1133 TO MODIFY THE SETBACK REQUIREMENTS FOR SWIMMING POOLS AND THE REQUIREMENTS FOR THE CONSTRUCTION OF SWIMMING POOLS ON CORNER AND THRU LOTS WITHIN SINGLE FAMILY DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance on First Reading and set a Second Reading Public Hearing for June 5, 2013. BACKGROUND At the June 13, 2012 Land Use Committee meeting, Planning Department staff presented ideas for improving efficiency and reducing the costs and timeframes associated with the Board review process. The Committee requested that staff bring back a list of common variances that go to the Board of Adjustment. At the July 25, 2012 Land Use Committee meeting, Planning Department staff presented examples of variances that were fairly routine and common. These variances also represented areas of the existing zoning code that could be modified to reduce the number of applications that are required to go to the Board of Adjustment for public hearing. Planning staff was instructed to bring the modifications necessary to reduce and eliminate variances in these particular areas back to the Committee in Ordinance form. On January 23, 2013, Planning staff proposed three (3) separate Ordinances to the Land Use Committee; these Ordinances pertained to 419 Commission Memorandum Accessory Setback Encroachments May 8, 2013 • RM-3 Accessory Use Signage • Accessory Setback Encroachments Page 2of 3 • Minimum Units Sizes for Historic Hotels and RM-2 Setback Requirements Each of these proposed Ordinances was referred to the Planning Board by the Land Use Committee on January 23, 2013 and by the City Commission on February 6, 2013. ANALYSIS The Board of Adjustment has reviewed many variances for single family homes located on corner lots, as the narrow side of the lot is considered the front for zoning purposes. However, many corner homes face the longer side of the lot, considered for zoning purposes as the side yard facing the street. The setbacks are larger for front yards than they are for side yards facing the street. This causes problems for those corner homes oriented towards the longer side of the lot, especially when the homeowner is seeking to install a pool. A modification of setback requirements for swimming pools has been proposed that clarifies and eases the minimum yard requirements for pools and related equipment on corner lots and through lots (2 fronts), located within single family districts. The proposed ordinance also addresses setback encroachments for the perimeter portions of infinity edge pools, which are becoming more common in single family homes. Staff has also noted that since changes were made to FEMA regulations after Hurricane Wilma, more variances have been required for the installation of central air conditioning units and generators within interior side yards in single family and low density multi- family districts. These pieces of equipment are now required to be raised off the ground to meet minimum flood requirements. When coupled with the taller design of energy efficient equipment, the result is an encroachment that exceeds the current height limit of five (5') feet from grade. The proposed ordinance seeks to address this by increasing the maximum height for allowable setback encroachments in single family and RM-1 districts to not exceed five (5') above flood elevation, with a maximum height of 10 feet above grade. This change is expected to be able to accommodate most standard mechanical equipment within interior yards. Finally, staff has revised the encroachment requirements pertaining to driveways and carports, which are currently allowable encroachments within a front yard. In this regard, there are some instances, particularly on corner properties, where the main entrance to the home faces a side street, and not the front yard. In these particular instances, it is not possible for a home owner to have a carport where the car is typically parked, without a variance. The proposed Ordinance would extend the allowable projection for carports and driveways to a side street yard, if the main entrance of the home is located on the side street. PLANNING BOARD REVIEW The Planning Board reviewed the subject Ordinance on April 3, 2013, and transmitted it to the City Commission with a favorable recommendation by a vote of 6 to 1. 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 420 Commission Memorandum Accessory Setback Encroachments May 8, 2013 Page 3 of 3 impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. CONCLUSION The Administration recommends that the City Commission approve the subject Ordinance at First Reading, and set a Second Reading Public Hearing for June 5, 2013. JLM/JGG/RGLJI'RM T:'AGENDA\2013\May 8'Accessory Setback Encroachments • MEM 1st read.docx 421 ACCESSORY SETBACK ENCROACHMENTS ORDINANCE NO. ___ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS", SECTION "142-1132" TO MODIFY THE SETBACKS FOR ALLOWABLE ENCROACHMENTS INCLUDING DRIVEWAYS, CARPORTS AND MECHANICAL EQUIPMENT; BY AMENDING SECTION "142-1133" TO MODIFY THE SETBACK REQUIREMENTS FOR SWIMMING POOLS AND THE REQUIREMENTS FOR THE CONSTRUCTION OF SWIMMING POOLS ON CORNER AND THRU LOTS WITHIN SINGLE FAMILY DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach places a high value on the scale, character and architectural context of its single family and low intensity residential districts; and WHEREAS, the City of Miami Beach desires to amend existing requirements and procedures for swimming pools, central air conditioners and other mechanical equipment within required yards; and WHEREAS, regulations of swimming pools, central air conditioners and other mechanical equipment are critical in order to maintain the scale, character and architectural context of the single family and low intensity residential districts; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. City Code Chapter 142, Article IV, "Supplementary District Regulations", is hereby amended as follows: * * * Sec. 142-1132.-Allowable encroachments within required yards. (e)Carports. Carports shall be constructed of canvas and pipe for the express purpose of shading automobiles and shall have a minimum required interior side yard setback of four feet. The carport shall be permitted to extend into any front yard of a single-family residence, provided such carport is at least 18 inches from the property line or sidewalk; and provided it is attached to the main building. When the main entrance to a house is located on a side of the house facing the street, the carport shall be permitted to extend into the side yard facing the street, provided such carport is at least 18 inches from the property line or sidewalk and provided it is attached to the main building. The side of the carport that faces the required rear yard may be permitted to align with the walls of the existing residence. provided the residence is located a minimum of five feet from the rear property line. When a carport is detached it shall not be located in the required front or side-facing-the-street yard§. Carports shall not be permitted to exceed 20 feet in width, 20 feet in length and ten feet in height and shall not be screened or enclosed in any manner. An unobstructed view between the grade and the lower ceiling edge of the carport of at least seven 422 feet shall be maintained. Only one carport shall be erected within a required yard. Carports constructed prior to the adoption of this section shall be considered as legal nonconforming structures. Such nonconforming canopies may be repaired or replaced; however, the degree of their nonconformity shall not be increased thereby. (f) Central air conditioners and other mechanical equipment. Accessory central air conditioners and any other mechanical equipment may occupy a required side or rear yard, in single family townhome, or in the RM 1 residential multifamily lmv intensity districts, provided that: (1 )They are not closer than five feet to a rear or interior side lot line or ten feet to a side yard facing a street. {2)The maximum height of the A/C units does not exceed five feet abo'.<e the elevation, as defined in subsection 142 105(a)2.j., of the lot at which they are located. (3)Any required sound buffering equipment is located outside the minimum five foot yard area specified in subsection (f)(1) of this section. (4)1f the central air conditioning and other mechanical equipment do not conform to subsections (1 ), (2), and (3) above, then such equipment shall follow the setbacks of the main structure. (f)Central air conditioners. emergency generators and other mechanical equipment. Accessory central air conditioners. generators and any other mechanical equipment, may occupy a required side or rear yard of an existing home. in single-family, townhome. or in the RM-1 residential multifamily low intensity districts, provided that: (1 )They are not closer than five feet to a rear or interior side lot line or ten feet to a side lot line facing a street. (2)The maximum height of the equipment shall not exceed five feet above current flood elevation, with a maximum height not to exceed ten feet above grade, as defined in subsection114-1. of the lot at which they are located. (3)1f visible from the right of way, physical and/or landscape screening shall be required. (4)Any required sound buffering equipment is located outside the minimum five-foot yard area specified in subsection (f)(1) of this section. (5)1f the central air conditioning and other mechanical equipment do not conform to subsections (1 ), (2), (3), and (4) above, then such equipment shall follow the setbacks of the main structure. * * * (g)Driveways. Driveways and parking spaces leading into a property located in single-family and townhome districts shall have a minimum setback of four feet from the side property lines. Driveways and parking spaces parallel to the front property line shall have a minimum setback of five feet from the front property line. Driveways and parking spaces located within the side yard facing the street shall have a minimum setback of five feet to the rear property line. * * * Sec. 142-1133. -Swimming pools. This section applies to swimming pools in all districts, except where specified. Accessory swimming pools, open and enclosed, or covered by a screen enclosure, or screen enclosure not covering a swimming pool, may only occupy a required rear or side yard, provided: (1) Rear yard setback. A six-foot minimum setback from rear property line to swimming pool deck or platform, the exterior face of an infinity edge pool catch basin, or screen enclosure associated or not associated with a swimming pool, provided, however, that 423 swimming pool decks may extend to the property line and be connected to a dock and its related decking when abutting upon any bay or canal. There shall be a minimum 7Y2-foot setback from the rear property line to the water's edge of the swimming pool or to the waterline of the catch basin of an infinity edge pool. For oceanfront properties, the setback shall be measured from the old city bulkhead line. (2) Side yard setback. A 7Y2-foot minimum required setback from the side property line to a swimming pool deck or platform, the exterior face of an infinity edge pool catch basin, or screen enclosures associated or not associated with a swimming pool. Nine-foot minimum required setback from side property line to the water's edge of the swimming pool or to the waterline of the catch basin of an infinity edge pool. (3) Side yard facing a street. For a side yard facing a street: a. Single-family district. In a single-family district a ten-foot setback from the property line to the swimming pool, deck or platform, the exterior face of an infinity edge pool catch basin, or screen enclosure. b. All other districts. In all other districts a 15-foot setback from the property line to the swimming pool, deck or platform, the exterior face of an infinity edge pool catch basin, or screen enclosure. (4) Walk space. A walk space at least 18 inches wide shall be provided between swimming pool walls and fences or screen enclosure walls. Every swimming pool shall be protected by a sturdy nonclimbable safety barrier and by a self-closing, self-locking gate approved by the building official. a.The safety barrier shall be not less than four feet in height and shall be erected either around the swimming pool or around the premises or a portion thereof thereby enclosing the area entirely, thus prohibiting unrestrained admittance to the swimming pool area. b.Where a wooden type fence is to be provided, the boards, pickets, louvers, or other such members shall be spaced, constructed and erected so as to make the fence not climbable and impenetrable. c. The walls, whether of the stone or block type, shall be so erected to make them nonclimbable. d. Where a wire fence is to be used, it shall be composed of two-inch chainlink or diamond weave nonclimbable type, or of an approved equal, with a top rail and shall be constructed of heavy galvanized material. e.Gates, where provided, shall be of the spring lock type so that they shall automatically be in a closed and fastened position at all times. They shall also be equipped with a gate lock and shall be locked when the swimming pool is not in use. (5) Size. The minimum size of all commercial swimming pools shall be 450 square feet with a minimum dimension of 15 feet and all required walkways shall have a minimum width of four feet around the swimming pool, exclusive of the coping. Commercial swimming pools shall also satisfy all applicable requirements of any governmental agency having jurisdiction. (6) Visual barriers for swimming pools. Accessory swimming pools when located on any yard, facing a public street or alley, shall be screened from public view by a hedge, wall or fence not less than five feet in height. The hedge shall be planted and maintained so as to form a continuous dense row of greenery as per the requirements of this division. The maximum height of the visual barrier shall be pursuant to article IV, division 5 of this chapter. 424 (7) Corner properties within Single Family Districts: For corner lots with a home built prior to 2006. a ten-foot setback from the front property line and from the side lot line facing the street to the swimming pool. deck. platform or screen enclosure. For corner lots with radial corners, the front setback and the side setback facing the street shall be taken from the midpoint of the curve of the corner of the property. (8) Homes with two fronts. or thru lots, within Single Family Districts: Lots with two fronts, as defined by Section 114-1 of the City Code, shall be permitted to place a pool and pool deck. with a minimum ten-foot setback from the front property line. at the functional rear of the house. 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. AI! ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of _______ , 2013. MAYOR 425 ATTEST: CITY CLERK First Reading: May 8, 2013 Second Reading: June 5, 2013 Verified by:------------ Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language 04/30/2013 T:\AGENDA\2013\May 8\Accessory Setback Encroachments-ORO 1st read.docx 426 ED AS TO FORM & GE & FOR_EXECUTION J~ 4 )" }3 D e THIS PAGE INTENTIONALLY LEFT BLANK 427 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment modifying the minimum unit size requirements for existing, historic hotels, as well as the tower setback requirements for properties less than 60' in height and located in the RM-2 district. Key Intended Outcome Su~ported: 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 Ci!y to re_gulate development is "about the right amount." Item Summary/Recommendation: FIRST READING The proposed Ordinance would modify the minimum unit size requirements for existing, historic hotels, as well as the tower setback requirements for properties less than 60' in height and located in the RM-2 district. The Administration recommends that the City Commission approve the Ordinance on First Reading and set a Second Readin Public Hearin for June 5, 2013. Advisory Board Recommendation: On April 3, 2013, the Planning Board transmitted the subject Ordinance to the City Commission by a vote of 7-0. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. Ci!Y Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney Si n-Offs: City Manager T:\AGENDA\2013\May 8\Historic Hotel Unit z MIAMfBEACH 428 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 FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 FIRST READING SUBJECT: Minimum Unit Sizes for Historic Hotels & RM-2 Tower Setbacks AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS", BY AMENDING ARTICLE II, ENTITLED "DISTRICT REGULATIONS", BY AMENDING DIVISION 3, ENTITLED "RESIDENTIAL MULTIFAMILY DISTRICTS", BY AMENDING SECTION 142-155 TO MODIFY THE REQUIREMENTS FOR MINIMUM HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-1 DISTRICT; BY AMENDING SECTION 142-217 TO MODIFY THE REQUIREMENTS FOR MINIMUM HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-2 DISTRICT; BY AMENDING SECTION 142-218 TO MODIFY THE TOWER SETBACK REQUIREMENTS WITHIN THE RM-2 DISTRICT; BY AMENDING SECTION 142-246 TO MODIFY THE REQUIREMENTS FOR MINIMUM HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-3 DISTRICT; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance on First Reading and set a Second Reading Public Hearing for June 5, 2013. BACKGROUND At the June 13, 2012 Land Use Committee meeting, Planning Department staff presented ideas for improving efficiency and reducing the costs and timeframes associated with the Board review process. The Committee requested that staff bring back a list of common variances that go to the Board of Adjustment. At the July 25, 2012 Land Use Committee meeting, Planning Department staff presented examples of variances that were fairly routine and common. These variances also represented areas of the existing zoning code that could be modified to reduce the number of applications that are required to go to the Board of Adjustment for public hearing. Planning staff was instructed to bring the modifications necessary to reduce and eliminate variances in these particular areas back to the Committee in Ordinance form. 429 Commission Memorandum Historic Hotel Unit Sizes & RM-2 Tower Setbacks May 8, 2013 Page 2of 3 On January 23, 2013, Planning staff proposed three (3) separate Ordinances to the Land Use Committee; these Ordinances pertained to • RM-3 Accessory Use Signage • Accessory Setback Encroachments • Minimum Units Sizes for Historic Hotels and RM-2 Setback Requirements Each of these proposed Ordinances was referred to the Planning Board by the Land Use Committee on January 23, 2013 and by the City Commission on February 6, 2013. ANALYSIS Several unit size variances have recently been granted for historic hotels, which have undergone extensive renovation, in the City Center and on the Oceanfront. When an existing building is significantly renovated, the Code requires that the minimum hotel unit size be met (315/330 sq. ft.). However, the existing room configuration in historic hotel buildings is often under this minimum required room size. Variances are consistently granted for these projects, as it is considered a true hardship, since the floor plates of historic hotel buildings often cannot be easily reconfigured. The existing building's pattern of windows match the room configuration, and the exterior of the historic building cannot be altered by removing or rearranging window placement. Also, in the MXE district (Ocean Drive and Collins Avenue between 51h and 15thl, a smaller minimum room size of 200 square feet is permitted. The historic hotels outside the MXE district are often similar in nature to those in the MXE. In order to address this, the proposed Ordinance would permit the renovation of existing historic hotels without the need for room size variances, as long as a minimum unit size of 200 square feet is met. As it pertains to tower setback requirements, the RM-2 residential multifamily, medium intensity district is designed for medium intensity multiple-family residences. The development regulations vary depending on what area of the City the RM-2 district is located in, with the maximum height permitted ranging from six (6) stories I 60 feet to fifteen (15) stories I 140'. Setbacks for buildings are divided into pedestal setbacks (the first 50 feet of height) and tower setbacks (that portion of a building above 50 feet in height). Any building that is proposed to be six stories is allowed to be at the required pedestal setbacks for the first five stories, but the sixth story or top floor must be set back to meet the tower setbacks. The additional setback above 50' makes sense for taller buildings, and in the past the RM-2 district allowed much taller buildings. However, almost all the six story buildings built in the past years have sought and obtained variances for the sixth floor tower setbacks, as it is much easier to design a building that goes straight up, rather than setting back the uppermost floor to meet the different tower setback. PLANNING BOARD REVIEW The Planning Board reviewed the subject Ordinance on April 3, 2013, and transmitted it to the City Commission with a favorable recommendation by a vote of 7 to 0. The Ordinance referred by the Land Use Committee proposed to retain the tower setbacks as they are for all buildings higher than six stories, and allow buildings of six stories or less to follow the pedestal setback all the way to the top. During the review of the Ordinance, the Planning Board expressed some concerns with this proposal, as recessing the top floor of a 6 story structure, in most instances, resulted in a better dimensioned, and more appropriately massed building. 430 Commission Memorandum Historic Hotel Unit Sizes & RM·2 Tower Setbacks May 8, 2013 Page 3 of 3 The Planning Board did agree that making the pedestal and tower setbacks uniform on the interior side for buildings six (6) stories or less made sense, as these portions of the structure are not as visible and the extra setback was only one (1 ')foot. The Administration agrees with this approach, and would recommend that the City Commission approve the Ordinance with this change. 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 is not expected to have any tangible fiscal impact. CONCLUSION The Administration recommends that the City Commission approve the subject Ordinance, as modified by the Planning Board, at First Reading, and set a Second Reading Public Hearing for June 5, 2013. JLM/JGG/RGL!TRM T:\AGENDA\2013\May 8\Historic Hotel Unit Size& RM2 Setbacks-MEM 1st read.docx 431 MINIMUM UNIT SIZES FOR HISTORIC HOTELS & RM-2 TOWER SETBACKS ORDINANCE NO.---- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", BY AMENDING ARTICLE II, "DISTRICT REGULATIONS", BY AMENDING DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS", BY AMENDING SECTION "142-155" TO MODIFY THE REQUIREMENTS FOR MINIMUM HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-1 DISTRICT; BY AMENDING SECTION "142-217" TO MODIFY THE REQUIREMENTS FOR MINIMUM HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-2 DISTRICT; BY AMENDING SECTION "142-218" TO MODIFY THE TOWER SETBACK REQUIREMENTS WITHIN THE RM-2 DISTRICT; BY AMENDING SECTION "142-246" TO MODIFY THE REQUIREMENTS FOR MINIMUM HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-3 DISTRICT; PROVIDING FOR CODIFICATION; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach endeavors to recall and promote its unique social and architectural history, as well as further the dynamic character and attraction of hotels within historic districts; and WHEREAS, the City of Miami Beach seeks to encourage and incentivize the retention, preservation and restoration of hotel structures located within historic districts; and WHEREAS, the City of Miami Beach desires to amend existing minimum unit size requirements for existing hotels within historic districts; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. City Code Chapter 142, Article II, "District Regulations", Division 3, "Residential Multifamily Districts", Subdivision II, "RM-1 Residential Multifamily Low Intensity", is hereby amended as follows: Sec. 142-155.-Development regulations and area requirements * * * (b)The lot area, lot width, unit size and building height requirements for the RM-1 residential multifamily, low density district are as follows: 432 Minimum Minimum Minimum Average Maximum Maximum Lot Area Lot Unit Size Unit Size BuildingHeight Number (Square Width (Square Feet) (Square Feet) (Feet) of Stories Feet) (Feet) 5,600 50 New construction-550 New Historic Historic Non-elderly and elderly low construction-BOO district-40 district-4 and moderate income housing: Non-elderly and Flamingo Park Flamingo Park See section 142-1183 elderly low and Local Historic Local Historic Rehabilitated buildings-400 moderate income District-35 District-3 Hotel unit: housing: See section (except as (except as 15%: 300-335 142-1183 provided in provided in 85%: 335+ Rehabilitated section section For contributing hotel buildings-550 142-1161 142-1161 structures, located within a Otherwise-50 Otherwise-5 local historic district or a national register district, which are renovated in accordance with the Secretarv of the Interior Standards and Guidelines for the Rehabilitation of Historic Structures as amended, retaining the existing room configuration and sizes of at least 200 sguare feet shall be ~ermitted. SECTION 2. City Code Chapter 142, Article II, "District Regulations", Division 3, "Residential Multifamily Districts", Subdivision IV, "RM-2 Residential Multifamily Medium Intensity", is hereby amended as follows: Sec. 142-217. -Area requirements. The area requirements in the RM-2 residential multifamily, medium intensity district are as follows: Minimum Minimum Minimum Average Maximum Maximum Lot Area Lot Unit Size Unit Size Building Number (Square Width (Square Feet) (Square Feet) Height of Stories Feet) (Feet) (Feet) 7,000 50 New construction-550 New Historic Historic Non-elderly and elderly low construction-BOO district-50 district-S and moderate income Non-elderly and (except as (except as housing: See section 142-1183 elderly low and provided in provided in Rehabilitated buildings-400 moderate income section section Hotel unit: housing: See 142-1161 142-1161 15%: 300-335 section 142-1183 Area bounded Area bounded 85%: 335+ Rehabilitated by Indian Creek by Indian For contributing hotel buildings-550 Dr., Collins Creek Dr., 433 structures 1 located within a Hotel units-N/ A Ave., 26th St., Collins Ave., local historic district or a and 44th St. -75 26th St., and national register district 1 Area fronting 44th St.-8 which are renovated in west side of Area fronting accordance with the Collins Ave. west side of Secretarv of the Interior btwn. 76th St. Collins Ave. Standards and Guidelines for and 79th St.-75 btwn. 76th St. the Rehabilitation of Historic Otherwise-60 and 79th St. -8 Structures as amended 1 Lots fronting Otherwise-6 retaining the existing room Biscayne Bay Lots fronting configuration and sizes of at less than 45,000 Biscayne Bay least 200 sguare feet shall be sq. ft.-100 less than Qermitted. Lots fronting 45,000 sq. Biscayne Bay ft.-11 over 45,000 sq. Lots fronting ft.-140 Biscayne Bay Lots fronting over 45,000 sq. Atlantic Ocean ft.-15 over 100,000 sq. Lots fronting ft.-140 Atlantic Ocean over 100,000 sq. ft.-15 * * * Sec. 142-218.-Setback requirements. The setback requirements in the RM-2 residential multifamily, medium intensity district are as follows: Front Side, Side, Facing Rear Interior a Street At-grade parking 20 feet 5 feet, or 5% of lot 5 feet, or 5% of Non-oceanfront lot on the same width, whichever is lot width, lots-5 feet lot except where greater whichever is Oceanfront lots-50 (b) below is greater feet from bulkhead applicable line Subterranean 20 feet 5 feet, or 5% of lot 5 feet, or 5% of Non-oceanfront width, whichever is lot width, lots-0 feet greater. (0 feet if lot whichever is Oceanfront lots-50 width is 50 feet or greater feet from bulkhead less} line Pedestal 20 feet Sum of the side yards Sum of the side Non-oceanfront Except lots A and 1-30 shall equal 16% of lot yards shall equal lots-1 0% of lot of the Amended Plat width 16% of lot width depth 434 Indian Beach Minimum-7.5 feet or Minimum-7.5 Oceanfront Corporation Subdivision 8% of lot width, feet or 8% of lot lots-20% of lot and lots 231-237 of the whichever is greater width, whichever depth, 50 feet from Amended Plat of First is greater the bulkhead line Ocean Front whichever is greater Subdivision-50 feet Tower 20 feet + 1 foot for every Same as gedestal for Sum of the side Non-oceanfront 1 foot increase in height structures with a total yards shall equal lots-15% of lot above 50 feet, to a height of 60' or less. 16% of the lot depth maximum of 50 feet, then The required pedestal width Oceanfront shall remain constant. setback plus 0.10 of Minimum-7.5 lots-25% of lot Except lots A and 1-30 the height of the tower feet or 8% of lot depth, 75 feet of the Amended Plat portion of the building. width, whichever minimum from the Indian Beach The total required is greater bulkhead line Corporation Subdivision setback shall not whichever is greater and lots 231-237 of the exceed 50 feet Amended Plat of First Ocean Front Subdivision-50 feet SECTION 3. City Code Chapter 142, Article II, "District Regulations", Division 3, "Residential Multifamily Districts", Subdivision v, "RM-3 Residential Multifamily High Intensity", is hereby amended as follows: Sec. 142-246. -Development regulations and area requirements. * * * (b)The lot area, lot width, unit size and building height requirements for the RM-3 residential multifamily, high intensity district are as follows: Minimum Minimum Minimum Average Maximum Maximum Lot Area Lot Unit Size Unit Size Building Height Number (Square Width (Square Feet) (Square Feet) (Feet) of Stories Feet) (Feet) 7,000 50 New construction-550 New 150 16 Non-elderly and construction-BOO elderly low and Non-elderly and Oceanfront lots-200 Oceanfront lots·-22 moderate income elderly low and Architectural dist.: Architectural dist: housing: See section moderate income New New 142-1183 housing: See construction-120; construction-13; Rehabilitated section 142-1183 ground floor ground floor buildings-400 Rehabilitated additions (whether additions (whether Hotel unit: buildings-550 attached or attached or 15%: 300-335 Hotel units-N/ A detached) to detached) to 85%: 335+ existing structures existing structures For contributing hotel on oceanfront on oceanfront structures, located lots-50 (except as lots-5 (except as within a local historic provided in section provided in section district or a national 435 register district, 142-1161 142-1161 which are renovated in accordance with the Secretar:t: of the Interior Standards and Guidelines for the Rehabilitation of Historic Structures as amended, retaining the existing room configuration and sizes of at least 200 sguare feet shall be germitted. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 5. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of-------' 2013. MAYOR ATTEST: CITY CLERK 436 First Reading: May 8, 2013 Second Reading: June 5, 2013 Verified by:----------~ Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language Strike Thru denotes new language 04/30/2013 APPROVED AS TO FORM & LANGUAGE FOR EXECUTION T:\AGENDA\2013\May 8\Historic Hotel Unit Size& RM2 Setbacks-ORO 1st read.docx 437 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment creating Parking District No. 6 in the Alton Road corridor from 51h Street to Dade Boulevard. Key Intended Outcome Supported: Maintain strong growth management policies. 1-=---· ---~ ... . ~·-"''" . -:- 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: FIRST READING The proposed ordinance would amend the parking requirements by reducing or eliminating required off-street parking for certain types of residential, office and commercial uses within the Alton Road corridor from 51h Street to Dade Boulevard. The Administration recommends that the City Commission approve the Ordinance on First Reading and set a Second Reading Public Hearin for June 5, 2013. Advisory Boarq_ Recommenda~i.~-····--,...--·.,.--,-----:--___,~,_.. ___ _ I On September 28, 2010, the Planning Board transmitted the subject Ordinance to th-e _c1 I Commission with a favorable recommendation by a vote of 5-0. L .... ~ -· ·~~-·--- Financial Information: Source of Account ·-·~ Amount Funds: ----1 "'l l .. ~ OBPI ··---· 2 To:.rf=--·· Financial Impact Summary: ... ~---·· --·---·-··----- "" ,_,, -- '" ... __ , ____ _ In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and estimated that the proposed Alton Road Parking District No. 5 ordinance will have a direct fiscal impact on parking impact fee revenue of approximately -$37,000 annually for existing retail and restaurant businesses that would no longer be required to pay the annual fee-in-lieu of providing parking. In the future, there will be new businesses that qualify for the parking exemption, thereby reducing potential future revenue to the parking impact fee fund. However, this is expected to be more than offset by the incentive that this ordinance provides for development of new businesses in the Alton Road corridor. New construction and rehabilitation is expected to increase property tax and sales tax revenue to the City. Reduced parking requirements in this ordinance are also expected to increase parking revenue, especially in the 51h and Alton ar_?ge. Therefore, the long term net fiscal impact i:> expecteg to be posi_tive. ·--··-- ~ity Clerk's Office Legislative Trac~~ .. ------· [ Rich~rd Lorber o~ Thom~S. Mooney _____ . ---~ Sign-Offs: MIAMfBEACH 438 ~ MIAMI BEACH City of Miami Beach, 1700 Convantion Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM TO Mayor Matti Herrera Bower and M City Commission FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 FIRST READING SUBJECT: Alton Road Parking District No. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130 OFF-STREET PARKING, ARTICLE II ~'DISTRICTS; REQUIREMENTS," SECTION 130-31 "PARKING DISTRICTS ESTABLISHED," CREATING A NEW PARKING DISTRICT NO. 6, AND SECTION 130-33 "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3 AND 4," BY ADDING NEW PARKING REGULATIONS FOR PARKING DISTRICT NO.6, FOR PROPERTIES WITH A LOT LINE ON ALTON ROAD FROM 5TH STREET TO DADE BOULEVARD, INCLUDING A REDUCTION IN OFF- STREET PARKING REQUIREMENTS FOR CERTAIN LAND USES AND BICYCLE PARKING REQUIREMENTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance on First Reading and set a Second Reading Public Hearing for June 5, 2013. BACKGROUND In the Summer of 2006 the Historic Preservation Board initiated the westward expansion of the Flamingo Park Local Historic District to the east right-of-way line of Alton Road between 61h Street and 14th Street in order to protect the character of the adjacent National Register Historic District as well as the historically significant but yet unprotected properties along this stretch of Alton Road. It was noted by the board that recent commercial development trends along Alton Road could significantly adversely impact the quality of life and historic integrity of the National Register Historic District thereby undermining the cultural tourism appeal and quality of life of the city. At the same time the Historic Preservation Board requested the Planning Department to initiate a major planning study of the Alton Road Corridor, including both sides of the road between 51h Street and Michigan Avenue, which should include an analysis and evaluation of existing uses and conditions, historically significant properties, permitted building heights, allowable FAR, parking conditions and requirements, the efficacy of current zoning, and the character of the public right-of-way with regard to pedestrian amenities, convenient means of transit, and quality of landscape. 439 Commission Memorandum Alton Road Parking District 6 May 8, 2013 -------·----Page 2_~ The board further requested that the Planning Department organize and advertise a series of community planning workshops, inviting members of the Historic Preservation Board and the Planning Board, in order to gain public input and insight from local business owners and residents so that the Department might develop a comprehensive set of planning and zoning recommendations for future development and preservation along the corridor that would enable healthy future growth and development without overwhelming or adversely impacting the historic character of the area. On January 16, 2008, the Mayor and City Commission approved Ordinance No. 2008- 3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 8 Street and 14 Street; and on January 28, 2009, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 6 Street and 8 Street The Planning Department conducted an analysis of existing conditions, issues and opportunities in the Alton Road corridor and held a community planning workshop on August 20, 2008 to receive community input on land use, zoning, business development, parking, transit and pedestrian/bicycle amenities. On January 27, 2009, the Planning Department presented preliminary findings and recommendations for the Alton Road Neighborhood Planning Study to the Planning Board. On February 26, 2009, the Planning Department and the Planning Board held a second community planning workshop on the Alton Road Neighborhood Planning Study to receive community input. During the Planning Board meetings on April 21, 2009, May 26, 2009 and August 25, 2009, the Planning Department staff held additional detailed discussions with the Board on the proposed zoning modifications for the east side of Alton Road in the Flamingo Park Historic District, known as the Alton Road Historic District Buffer Overlay District. The analysis provided by staff included recommendations for increased building setbacks and reduced building height, all of which depended upon reduced on-site parking requirements to achieve the maximum Floor Area Ratio of 1.5. During the September 22, 2009 Planning Board discussion item, staff presented specific recommendations for reducing the parking requirements. Those recommendations have been incorporated into the proposed Alton Road Parking District ordinance. On September 28, 2010, the Planning Board voted 5-0 to recommend approval of the ordinance creating Parking District #6 (formerly known as Parking District #5) for the Alton Road corridor. On November 17, 2010, the ordinance was scheduled for first reading. The Mayor and City Commission continued the first reading to the January 19, 2011 meeting and referred the item to the Land Use and Development Committee for discussion. The LUDC deferred the item on January 31, 2011, February 23, 2011, and April 21, 2011. On May 18, 2011 the LUDC moved the Parking District #6 ordinance to pending items based upon failure of various stakeholders to agree on details of the proposed Alton Road Historic District Buffer Overlay district. The proposed parking district was not discussed. On September 19, 2012, the LUDC discussed the parking district and directed staff to reschedule the item for the November meeting along with its original companion item, the Alton Road Historic Buffer Overlay District. The matter was continued in November and on January 23, 2013; the Ordinance was transmitted by the Land Use Committee to the full City Commission with a favorable recommendation. 440 Commission Memorandum Alton Road Parking District 6 May 8, 20,13 ___ , ___________ , ___ , ____ . ___ .,, ____________ P __ a...:::g_e_3_of_9_ ANALYSIS The proposed Alton Road Parking District, entitled Parking District #6, can be classified as "context-specific parking standards" also known as "flexible parking standards", which are modeled after a national movement to set parking standards to fit the characteristics of specific neighborhoods. Citywide parking standards may not always fit the conditions in a particular neighborhood or the long term vision of how that neighborhood should develop. Context sensitive or flexible parking requirements are based on certain considerations such as access to transit, presence of nearby complementary destinations with walking/biking distance, potential for shared parking, auto-ownership rates in the neighborhood, expected demographics of future residents, implementation of programs to reduce demand for parking and availability of public parking. The Alton Road corridor scores high marks in all of the considerations listed above. Parking District #6 has been tailored to meet the following neighborhood-specific objectives, as identified during the neighborhood planning process: 1. To minimize the height and bulk of new buildings where required vehicle parking would be located inside the building. 2. To encourage development of commercial uses that are oriented to local neighborhood customers and employees who could walk or ride bicycles, rather than those uses that would attract a large number of vehicle trips. 3. To promote the development of smaller, more affordable housing units. 4. To enable automobile drivers to park once at a convenient location and to access a variety of commercial enterprises in pedestrian friendly environments by encouraging shared parking and off-site parking. 5. To reduce diffused, inefficient, single-purpose reserved parking. 6. To provide secure bicycle parking for employees, customers and residents. Parking District #6 would also support the draft Transportation Element of the City of Miami Beach Comprehensive Plan, which contains the following policies: Policy 8.5: Maximum Parking Standards The City shall examine the economic, transportation and recreational impact of strategically limiting parking in certain areas, as a means to reinforce alternative modes of transportation. Policy 8. 7: Bicycle Parking The City shall require all new developments to provide secure short term and long term bicycle parking in the form of bicycle racks, bicycle lockers, locked rooms or other appropriate enclosures as a way of reducing the demand for automobile parking. Policy 8.9: Monitoring Supply and Demand The City shall continuously monitor and update the parking requirements in the Land Development Regulations to result in a better ratio of supply to demand which implements innovative parking strategies in commercial areas to promote multi- modalism. 441 Commission Memorandum Alton Road Parking District 6 M~y_J!~.1_3 __ -------------···--··-- Policy 6.1: Transportation Systems Management ---· Page 4 of 9 The City shall encourage appropriate TSM strategies to improve the mobility systems efficiency, effectiveness and safety. These may include but are not limited to: • Traffic management and traffic monitoring programs • Incident management • Congestion management • Access management • Parking policies which discourage single~occupancy vehicles • The encouragement of carpools, vanpools or ridesharing • Programs or projects that improve traffic flow, including projects to improve signalization • On road bicycle lanes, bicycle parking, and bicycle amenities at commercial and residential uses • Improve intersections, and implement Intelligent Transportation Systems (ITS) strategies, including Pedestrian oriented intersection design strategies • Pedestrian countdown signals Policy 6.2: Transportation Demand Management The City shall encourage appropriate TOM strategies to improve the mobility systems efficiency, effectiveness and safety. These may include but are not limited to efforts to reduce the dependence on single~occupant vehicle trips, and the encouragement of the use of bicycle, pedestrian and transit modes as a means of commuting and recreational mobility. These may include, but are not limited to: • carpools, • van pools, • demand response service, • paratransit services (for special needs population), • public/private provision of transit service, • bike sharing, or_ shared car initiatives, • provision of bicycle racks • provision of parking for carpools • alternative hours of travel, including flexible work hours, staggered work shifts, compressed work weeks and telecommuting options, • subsidy of transit fares, • used of long term parking to be developed at City's entry points, • shared vehicular and pedestrian access for compatible land uses, where possible, • shared parking agreements for compatible land uses, where possible, • provision of transit amenities, • car share vehicle parking. The following is an explanation of each section of the proposed ordinance. Boundaries: The proposed parking district No. 5 includes those properties with a lot line on Alton Road from 5 Street on the south to Dade Boulevard on the north with the exception of properties included in parking district No. 2 (Lincoln Road). Analysis shows that all properties in this corridor segment share common characteristics with respect to parking needs and future development objectives. Residential parking: The proposed ordinance would to reduce parking requirements for new residential construction or for increasing the number of units in an existing building. The proposed parking ratios are based on the size of the units with small incremental 442 Commission Memorandum Alton Road Parking District 6 "f!!_ay 8, 2~13 --------~------··-_______ _ Page 5 of 9 increases in the required number of parking spaces as the unit sizes get larger. These ratios will more closely mirror the actual size of existing apartment units and the rate of vehicle ownership within the neighborhood. Data from the 2000 Census shows that over 36% of the households in the study area had no car at all and another 51% owned only 1 car. The reduced parking requirement for smaller apartments will help to reduce the cost of those units, which supports an important objective for housing affordabHity. The Planning Department recently reevaluated the residential parking ratios recommended in the November 17, 2010 ordinance and determined that they should be adjusted to a slightly higher requirement to account for the parking needs of any potential large scale residential development. The revised residential parking ratios are also similar to the adopted parking ratios for the North Beach Town Center TC zoning district. Following is a comparison of the minimum required parking spaces per dwelling unit for the existing zoning code, the 2010 proposed ordinance and the 2013 revised recommendation. Unit Size (sq. ft.) 550-799 800-999 1000-1199 1200-1399 1400-1599 1600 + Existing Code 1.5 1.5 1.75 2.0 2.0 2.0 2010 .75 1.0 1.25 1.5 1.75 2.0 2013 1.0 1.25 1.5 1.75 2.0 2.25 Further reductions in the minimum residential parking requirements are available on a voluntary basis for parking spaces dedicated to an official car sharing program. The recommended reduction would be 4 parking spaces for every 1 parking space reserved for a vehicle owned and operated by an official car-share program sanctioned by the City of Miami Beach, not to exceed a total of 4 car-share parking spaces or 20% of the total number of required residential parking spaces, whichever is lower. Retail stores, food stores and personal service establishments: The first 2,500 square feet for each individual establishment is proposed to be exempted from any parking requirement up to a total aggregate square footage of 10,000 square feet per development site. The theory behind this is that generally, smaller businesses will be catering to the local residential market, where many of the customers currently access the businesses by walking, bicycling or the South Beach Local. Attracting locally- oriented businesses is an objective identified during the Alton Road neighborhood planning process. This is a more targeted parking exemption than that which is used in parking districts 2, 3, and 4, where all retail/service uses are exempted from parking requirements. Any portion of an establishment over 2,500 sq. ft. or over a total aggregate square footage of 10,000 sq. ft. will be subject to the existing parking requirement of 1 :300. At the request of Mayor Bower, the Administration prepared alternate language for consideration by the LUDC that would require a minimum of 2 parking spaces for each establishment of 2,500 square feet or less. This would translate to 1 - 3 parking spaces for each store under 2,500 square feet, depending upon the size of each store. See attached summary. 443 Commission Memorandum Alton Road Parking District 6 Mf!X.!!: 2013 ____ ., ___ _ -----------·------------Page 6~.~ -~xamples of Qropos~~ Retail parkir)g requction. . _ _ r Total retail£umber. of f Num' ber of "TPfoposed Mayor's I Existing I 1 sq_ ft. in stores stores @ Parking Dist Alternate '[-parking building total 2,500 sq.ft. #6 required I proposal (min space . ----... --.. spaces_ 2J2.~I~~~-~) requirement~ ~--~=-=-~!..::_: ~.~.::-=g--I ~--~-~ .. ~-~~ -. ;: '" ··---·i ~~:g~_ . ; ·-·-· -~ I ;_7 -I ~~ --~ -J 10,000 I 1 0 _ 25 125 34 ~g:ggr: -I i --1 ~~----:~ -i i~ ---~ 20,000* L£_ ___ =:=±] ---51 ... 53,. . -·-· * Note that only the first 1 0,000 sq. ft. are eligible for parking reduction Subsequent to the September 19, 2012 LUDC meeting, the Administration reevaluated the recommendation for parking reductions for retail stores, food stores and personal service establishments and determined that it should be revised to apply only to development sites with a total of 10,000 square feet or less of these uses. In addition, the revised recommendation would remove the incremental reduction for individual stores that are over 2,500 sq. ft. but less than 10,000 sq. ft. Therefore, the revised tables of example retail development sites would look like this: f3EVISED Exaf!lples of proposed Re~rking reduction !Total r]tail NumbereffNumber of Proposed [·Mayor's-/ Existing -J 1 ~q. ft. in storesJ_stores@ Parking Oist I Alternate 1 parking 1 building total 2,500 sq.ft. #6 required proposal (min space '----· _____ ~~s s_Qa<2~s 2 p_er_store) requirement ~g:ggg -~ -r ---~ ------~2 -_ H j _l~--... L_ .. _ -~--~~ -.L... 34 --- 10.000 1 0 34 34 34 10~001:'._ _17. ~ 34 34 _-34 _10,001' 4 ==+k==~ 34 3_4 __ -~~;-· --~2 .. I~~----~~----·-~~·---~~-------"~ 20,ooo: ___ l 12 .,. __ L1 ' I 67 ·-·· 167 ---. 67 __ j * Note that only development sites with a maximum of 10,000 sq. ft. are eligible for parking reduction Restaurant, outdoor cafe or bar: The first 1,500 square feet or 60 seats (up to a total aggregate square footage of 5,000 square feet per development site) are proposed to be exempted from any parking requirement. The logic is the same as for retail/service uses except that the occupancy is much higher per square foot in food and drink establishments. Any portion of an establishment over 1,500 square feet or 60 seats (or over a total aggregate square footage of 5,000 sq. ft.) will be subject to the existing parking requirement of 1 space per 4 seats or 1 space per 60 square feet of space not used for seating. At the request of Mayor Bower, the Administration prepared alternate language for consideration by the LUDC that would require a minimum of 1 space per 12 seats and 1 444 Commission Memorandum Alton Road Parking District 6 May 8, 2013 space per 180 square feet of standing area in a bar not utilized for seating for the first 60 seats or 1,500 square feet of floor area in each establishment. See attached summary. Hotel, suites hotel. mote! or motor lodge: The proposed ordinance would require a minimum of 1 space per 2 units, which is half of the existing requirement of 1 space per unit. This is based on the assumption that hotel guests generally do not need a car in this neighborhood, and that most of the employees will access the site by walking, bicycling or transit. Offices: The proposed minimum parking requirement for office space is the same as the existing requirement (1 :400 and medical 1 :300). However, a reduction of 20% is available in exchange for a voluntary covenant ensuring that there will be no reserved parking for individual tenants. Centralized parking: This option is available to non-residential development located near a publicly accessible parking facility (public or private-owned), provided that a parking study demonstrates that there are a sufficient number of parking spaces available to serve the subject development. The proposed reduction in the minimum parking requirement is based upon distance from the off-site facility: 30% for sites within 500 feet, 20% for sites within 1000 feet and 10% for sites within 1200 feet. This policy supports the efficient use of centralized parking facilities and encourages customers to park their car once and walk to a variety of destinations in the commercial district, rather than driving to multiple private parking lots. The Administration recommends a clarification to this paragraph stating that distances shall be measured along the pedestrian pathway between the pedestrian access points for the subject uses and the parking facility. Shared parking: Section 130-221 of the City code currently provides a parking reduction for mixed-use developments based upon the day and time of peak parking demand for each type of land use. However, it does not include residential uses and does not allow off-site parking. Parking district No. 5 would add residential uses to the shared parking calculation at a rate of 50% utilization for daytime weekdays, 70% utilization for daytime weekends, and 100% utilization for nighttime. The proposed ordinance would also allow the shared parking spaces to be located off-site within 600 feet. Carpool and vanpool parking: The proposed ordinance would reduce the m1n1mum parking requirement by 3 parking spaces for every 1 parking space reserved for carpool or vanpool vehicles registered with South Florida Commuter Services, not to exceed a reduction of more than 10% of the off-street parking spaces that would otherwise be required. The property manager must submit an annual report to the Planning Director documenting the carpool/vanpool registration and ongoing participation by registered users. This option is limited to non-residential uses, whereas the residential uses have the car-sharing option described above. Bicycle parking: The proposed ordinance would introduce m1n1mum parking requirements for bicycles, including short term spaces (bicycle racks) for customers and long term spaces for employees and residents. The long term spaces would require more security such as being located in a fenced area or inside the building. The bicycle parking requirements are based on the LEED (Leadership in Energy and Environmental Design) standards for neighborhood development. They are an important complement to the reduced vehicle parking requirements in parking district No. 5. The Administration envisions these bicycle parking standards to be a model for the entire city. 445 Commission Memorandum Alton Road Parking District 6 May 8, 2013 --·-·---__________ P~ge 8 of 9 The minimum required vehicular parking would be reduced by: 1 space for every 5 long term bicycle parking spaces and 1 space for every 10 short term bicycle parking spaces, not to exceed a total of 30 vehicular parking spaces or 15 percent of the required vehicle parking spaces, whichever is less. Historic Buildings: A change of use or alteration to contributing buildings in historic districts does not require parking, unless additional floor area is added to the building. This is an important principle that has existed in the City Code for many years to promote historic preservation. The proposed Parking District #6 would not affect that provision of the Code. The Alton Road Parking District No. 6 ordinance is designed to fit the context-specific conditions in the Alton Road corridor such as convenient access to transit, walking/biking distance to multiple destinations, low auto-ownership rates in the neighborhood, and availability of public parking. It is also based on neighborhood-specific planning objectives listed at the top of page 3 in this memo such as to encourage smaller, more affordable housing units and the growth and development of small, neighborhood serving business. PLANNING BOARD REVIEW On September 28, 2010, the Planning Board held a public hearing on the proposed ordinance and recommended approval, as amended, by a 5-0 vote. It should be noted that the revisions requested by Mayor Bower were not reviewed by the Planning Board. FISCAL IMPACT In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and estimated that the proposed Alton Road Parking District No. 5 ordinance will have a direct fiscal impact on parking impact fee revenue of approximately -$37,000 annually for existing retail and restaurant businesses that would no longer be required to pay the annual fee-in-lieu of providing parking. In the future, there will be new businesses that qualify for the parking exemption, thereby reducing potential future revenue to the parking impact fee fund. However, this is expected to be more than offset by the incentive that this ordinance provides for development of new businesses in the Alton Road corridor. New construction and rehabilitation is expected to increase property tax and sales tax revenue to the City. Reduced parking requirements in this ordinance are also expected to increase parking revenue, especially in the 5th and Alton garage. Therefore, the long term net fiscal impact is expected to be positive. SUMMARY The revisions that have been suggested herein to the original 2010 version of the Alton Road Parking District No. 6 ordinance include: ( 1) an increase in the residential parking ratios; (2) a limitation on the total number of parking spaces that can be reduced in exchange for car-share parking and bicycle parking and; (3) a limitation on the retail parking reductions to small stores within aggregations of 10,000 sq. ft. or less and to small restaurants within aggregations of 5,000 sq. ft. or less. These changes resulted from a more detailed analysis of the potential parking requirements for large-scale development in the Alton Road corridor, which was thought to be limited to small sites when the original studies were conducted. 446 Commission Memorandum Alton Road Parking District 6 May 8, 2013 ---------·--------·-·---.. -·----· ___ ·-------[:age 9 of 9 Also, as indicated previously, as part of the review process by the land Use Committee for the proposed Ordinance, Mayor Bower suggested that some of the parking requirements for specific uses be adjusted, as noted in the attached summary. The proposed parking ordinance was a companion item to the Alton Road Historic District Buffer Overlay district. As such, it is specifically designed to offset the extra requirements and restrictions of the Overlay district designed to protect the adjacent Flamingo Park Historic District. Ideally these two ordinances should be adopted together because they support one another. However, the Administration believes that the Alton Road Parking District No. 6 ordinance is valid as a standalone ordinance because it is based on the planning principles described in this memo. CONCLUSION The Administration recommends that the City Commission approve the subject Ordinance at First Reading, and set a Second Reading Public Hearing for June 5, 2013. _'/f- JLM/KGB/JGG/RGL!TRM T:\AGENDA\2013\May 8\Aiton Road Parking Dis! 6-MEM 1st read rgl.docx 447 Alton Road Parking District No. 6 ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130 OFF~STREET PARKING, ARTICLE II "DISTRICTS; REQUIREMENTS," SECTION 130~31 "PARKING DISTRICTS ESTABLISHED," CREATING A NEW PARKING DISTRICT NO. 6, AND SECTION 130~33 "OFF~ STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3 AND 4," BY ADDING NEW PARKING REGULATIONS FOR PARKING DISTRICT NO.6, FOR PROPERTIES WITH A LOT LINE ON ALTON ROAD FROM 5TH STREET TO DADE BOULEVARD, INCLUDING A REDUCTION IN OFF~STREET PARKING REQUIREMENTS FOR CERTAIN LAND USES AND BICYCLE PARKING REQUIREMENTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, In the summer of 2006, the Historic Preservation Board initiated the westward expansion of the Flamingo Park Local Historic District to the east right-of-way line of Alton Road between 6 Street and 14 Street, and requested the Planning Department to initiate a major planning study of the Alton Road corridor, including both sides of the road between 5 Street and Michigan Avenue, to include an analysis and evaluation of existing uses and conditions, historically significant properties, permitted building heights, allowable FAR, parking conditions and requirements, the efficacy of current zoning, and the character of the public right- of-way with regard to pedestrian amenities, convenient means of transit, and quality of landscape. WHEREAS, on January 16, 2008, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 8 Street and 14 Street; and on January 28, 2009, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 6 Street and 8 Street; and WHEREAS, the Planning Department conducted an analysis of existing conditions, issues and opportunities in the Alton Road corridor and held a community planning workshop on August 20, 2008 to receive community input on land use, zoning, business development, parking, transit and pedestrian/bicycle amenities; and WHEREAS, on January 27, 2009, the Planning Department presented preliminary findings and recommendations for the Alton Road Neighborhood Planning Study to the Planning Board; and WHEREAS, on February 26, 2009, the Planning Department and the Planning Board held a second community planning workshop on the Alton Road Neighborhood Planning Study to receive community input; and WHEREAS, on April 21, 2009, May 26, 2009 August 25, 2009, and September 22, 2009, the Planning Board held additional detailed discussions on the proposed zoning modifications and parking regulations for the Alton Road corridor, and 448 WHEREAS, on November 17, 2009 and April 27, 2010, the Planning Board recommended approval of the proposed "Alton Road -Historic District Buffer Overlay" district which is intended to achieve a more compatible relationship of scale and massing between new development along the east side of the Alton Road corridor and the adjoining residential neighborhoods, by promoting mixed-use development that makes efficient use of parking, by minimizing the concentration of impacts from intense retail and restaurant development and by encouraging smaller neighborhood-oriented uses. WHEREAS, the Alton Road corridor and its adjoining neighborhoods have one of the lowest rates of automobile ownership in the city and one of the highest rates of walking, bicycling and transit modes of transportation in the city; and WHEREAS, the draft Transportation Element of the City of Miami Beach Comprehensive Plan states that the City shall examine the economic, transportation and recreational impact of strategically limiting parking in certain areas, as a means to reinforce alternative modes of transportation; and the City shall continuously monitor and update the parking requirements in the Land Development Regulations to result in a better ratio of supply to demand which implements innovative parking strategies in commercial areas to promote multimodalism; and WHEREAS, the draft Transportation Element of the City of Miami Beach Comprehensive Plan states that the City shall require all new developments to provide secure short term and long term bicycle parking in the form of bicycle racks, bicycle lockers, locked rooms or other appropriate enclosures as a way of reducing the demand for automobile parking; and WHEREAS, the City desires to reduce parking requirements with certain conditions in the Alton Road corridor between 51h Street and Dade Blvd. in order to encourage continuing high percentages of walking, bicycling and transit modes of transportation, to minimize increases in traffic congestion, and to reduce the scale and massing of new development to be more compatible with adjacent residential neighborhoods. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That Chapter 130 of the City Code, entitled "Off-Street Parking," Article II, "Districts; Requirements," is hereby amended as follows: Sec. 130·31. Parking districts established. (a) For the purposes of establishing off-street parking requirements, the city shall be divided into few: five parking districts. (1) Parking district no. 1. Parking district no. 1 is that area not included in parking districts nos. 2, 3, aAtl-4--and 6. (2) Parking district no. 2. Parking district no. 2 includes those properties with a lot line on Lincoln Road from the west side of Washington Avenue to the east side of Alton Road and those properties north of Lincoln Road and south of 17th Street from the west side of Washington Avenue to the east side of Lenox Court. 2 449 (3) Parking district no. 3. Parking district no. 3 includes those properties with a lot line on Arthur Godfrey Road from the east side of Alton Road to west side of Indian Creek Waterway. (4) Parking district no. 4. Parking district no. 4 includes those properties within the CD"2 and CD-3 commercial districts with a lot line on 71 st Street from the west side of Collins Avenue to the east side of Rue Notre Dame, and those properties with a lot line on Normandy Drive from the west side of the Indian Creek Waterway to the east side of Rue Notre Dame. * * * (5} Parking district no. 6. Parking district no. 6 includes those properties with a lot line on Alton Road from 5 Street on the south to Dade Boulevard on the north, with the exception of properties included in parking district no. 2 .. (b) There shall be no off-street parking requirement for main or accessory uses associated with buildings that existed prior to October 1, 1993, which are (i) located within the architectural district, (ii) a contributing building within a local historic district, or (iii) individually designated historic building. This provision shall not apply to renovations and new additions to existing buildings which create or add floor area to new construction which has a parking requirement. * * * Sec. 130-33. Off-street parking requirements for parking districts nos. 2, 3, 4 and 6. (a) Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking districts nos. 2, 3 and 4 accessory off-street parking spaces shall be provided for the building, structure or additional floor area as follows. There shall be no off-street parking requirement for uses in this parking district except for those listed below: * * * (b) Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking district no. 6, off-street automobile parking spaces shall be provided for the building, structure or additional floor area as follows. For uses not listed below, the off-street parking requirement shall be the same as for parking district no. 1 in section 130-32. (1) Apartment building and apartment-hotel: a. 1.0 spaces per unit for units between 550 and 799 square feet; b. 1.25 spaces per unit for units between 800 and 999 square feet: c. 1.5 spaces per unit for units between 1000 and 1199 square feet; d. 1. 75 spaces per unit for units between 1200 and 1399 square feet; e. 2.0 spaces per unit for units between 1400 and 1599 square feet; 3 450 f. 2.25 spaces per unit for units above 1600 square feet. g. Designated Guest parking: Developments of 20 units or less shall have no designated guest parking requirements. Multi~family buildings and suites~hotels with more than 20 units shall be required to provide supplemental designated guest parking equal to ten percent of the required residential parking spaces. h. Car Sharing: The minimum parking requirements listed in a -g above may be reduced by 4 parking spaces for every 1 parking space reserved for a vehicle owned and operated by an official car~share program sanctioned by the City of Miami Beach, not to exceed a total of 4 car-share parking spaces or 20% of the total number of required residential parking spaces. whichever is less (2) Retail stores. food stores, personal service establishments: There shall be no parking requirement for individual establishments of 2.500 square feet or less up to a total aggregate square footage of 10,000 square feet per development site. For individual establishments over 2,500 square feet or for development sites with a total aggregate square footage of more than 10.000 square feet of these uses. , there shall be one space for every 300 square feet of floor area. A covenant running with the land, acceptable to the City Attorney, shall be recorded to ensure that individual stores will not be reconfigured internally in a way that would increase the minimum parking requirement without conditional use approval and payment of a one-time parking impact fee for each required parking space. (3) Restaurant, outdoor cafe or bar: There shall be no parking requirement for individual establishments of 60 seats or less or 1 ,500 square feet or less, whichever is greater, up to a total aggregate square footage of 5,000 square feet per development site. For individual establishments over 60 seats or 1500 square feet, whichever is greater, or for development sites with a total aggregate square footage of more than 5,000 square feet of these uses. there shall be one space per four seats or one space per 60 square feet of space not used for seating. A covenant running with the land, acceptable to the City Attorney, shall be recorded to ensure that individual stores will not be reconfigured internally in a way that would increase the minimum parking requirement without conditional use approval and payment of a one-time parking impact fee for each required parking space. (4) Hotel, suites hotel, motel or motor lodge: One space per 2 units; however, suites hotel units as defined in section 142-1105 that are greater than 550 square feet and that contain full cooking facilities shall have the same parking requirement as apartment buildings in (1) above. Required parking for hotel accessory uses shall be the same as for (2) and (3) above: (5) Offices: 1 space per 400 square feet of floor area. However, medical offices and clinics or offices located on the ground floor shall provide one space per 300 square feet of floor area. The minimum parking requirements for office uses may be reduced by up to 20 percent in cases where the developer voluntarily proffers a restrictive covenant running with the land, form approved by the City Attorney, ensuring that the required office parking spaces shall be shared by all users in the building and shall not be reserved for individual persons or tenants. (6) All non-residential uses: The minimum parking requirement may be reduced as follows: 4 451 a. Centralized parking: The m1n1mum parking requirement may be reduced for properties located near a publicly accessible off-street parking facility according to the following formulas: up to 30 percent within 500 feet, up to 20 percent within 1 000 feet. up to 10 percent within 1200 feet. Such reduction shall be subject to a finding by the Planning Director based upon a parking study provided by the applicant that documents the availability of parking spaces within the publicly accessible parking facility to serve the residual demand resulting from the reduced number of on-site parking spaces, and the availability of safe and convenient pedestrian access routes to the off-site parking supply. Distances shall be measured along the pedestrian pathway between the pedestrian access points for the subject uses and the parking facility. b. Shared parking: Mixed use development is encouraged to utilize the Shared Parking calculations in Section 130-221. Parking for residential uses may be included in the Shared Parking calculation at a rate of 50% for daytime weekdays, 70% for daytime weekends and 100% for all other times. Shared Parking shall be designated by appropriate signage and markings. The Shared Parking facility may be located off-site within 600 feet of the uses served, subject to section 130-36. c. CarpooiNanpool parking: The minimum parking requirement may be reduced by 3 parking spaces for every 1 parking space reserved for carpool or vanpool vehicles registered with South Florida Commuter Services, not to exceed a reduction of more than 10% of the off-street parking spaces that would otherwise be required. The property manager must submit an annual report to the Planning Director documenting the carpool/vanpool registration and ongoing participation by registered users. (7) Bicvcle Parking. Short term and long term bicycle parking shall be provided for new construction or substantial rehabilitation over 1,000 sq. ft. according to the minimum standards in the table below and the "Guidelines for the Design and Management of Bicycle Parking Facilities" available from the Planning Department. a. Short Term bicvcle parking (bicycle racks) serves people who leave their bicycles for relatively short periods of time, typically for shopping, recreation, eating or errands. Bicycle racks should be located in a highly visible location near the main entrance to the use. b. Long Term bicvcle parking includes facilities that provide a high level of security such as bicycle lockers, bicycle cages and bicycle stations. These facilities serve people who frequently leave their bicycles at the same location for the day or overnight. TABLE INSET I Landuse L-------·-- Minimum short term bicycle parking spaces (whichever is greater) Minimum long term bicycle parking spaces (whichever is greater) _____ ..... _____ .J._~----- 5 452 !-Commercial non-retail !"4;Jerproject or f per · 10.000 sq. ft 11 per 10% of employees "o1 1 2 for 5,000 sq ft and under I 3 for 5,001-20,000 sq. ft I 6 for 20,001 -50 1 000 sq. ftj: 10 for 50.000 sq. ft. and ' clver -' _,~-~ ---~-~-___ , 1 per business. 4 per 1 per 10% of employees or project or 1 per 5 1000 sq. ft. 2 for 5.000 sq ft and under I 3 for 5,001-20.000 sq. ft 6 for 20.001 -50,000 sq. ft. 10 for 50.000 sq. ft. and Re-s-ta_u_r--a-n~ts_·-.~b-a_r_-s_~·~~~--+~1 :er 10 seats or occup80ts I 1 per10% of emplOyees nightclubs Hotel I rooms : ) ~projeci or 1 per ~r unit -~ c. Developers are encouraged to provide more than the minimum requirement as appropriate for the particular uses in a building. The minimum required vehicular parking shall be reduced by: 1 space for every 5 long term bicycle parking spaces and 1 space for every 10 short term bicycle parking spaces, not to exceed a total of 30 vehicular parking spaces or 15 percent of the required vehicle parking spaces, whichever is less. d. Nonresidential uses that provide showers and changing facilities for bicyclists shall be exempted from vehicle parking requirements at a rate of 2 vehicle parking spaces for each separate shower facility up to a maximum of 8 parking spaces. e. Short term bicycle parking spaces may be provided in the public right-of-way, subject to design review, in situations where suitable space near the entrance to the building or storefront is not available on private property. Bicycle parking in the public right-of-way shall be subject to review and approval by the Public Works Department and shall not encroach on the pedestrian throughway zone. SECTION 2. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. Codification. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish 6 453 such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of-------' 2013. ATTEST: CITY CLERK First Reading: May 8, 2013 Second Reading: June 5, 2013 Verified by: ---=----~~ Richard G Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language T:\AGENDA\2013\May 8\Aiton Road Parking Dist 6-ORD 1st read.docx 7 454 MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney Date Attachment #1 -map 8 455 Proposed options for amending the ordinance responding to comments by Mayor Bower: Retail stores, food stores, personal service establishments:_ There shall be a minimum of 2 parking spaces for each individual establishment of 2,500 square feet or less. Restaurant, outdoor cafe or bar: For individual establishments of 60 seats or less or 1,500 square feet or less, whichever is greater, there shall be a minimum of 1 space per 12 seats and 1 space per 180 square feet of standing area in a bar not utilized for seating. (Note: For small neighborhood restaurants and bars, this would require approximately one third of the parking spaces required in the current code.) 456 (9 MJAMI BEACH City of MIClmi Beaeh, 1700 Corwenriof\ C.enret Drive, Miami Beach, Florido 33: ~9. www.m:amibeachA.gov COMMISSION MEMORANDUM TO: FROM: DATE: Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Managerp /- February 6, 2013 SUBJECT: REPORT OF THE JANUARY 23, 2013 LAND USE AND DEVELOPMENT COMMITTEE MEETING . . A Land Use and Development Committee meeting was held on January 23, 2013. Members in attendance were Commissioners G6ngora and Ubbin. Members from the Administration and the public were also in attendance. Please see the attached sign-in sheet The meeting was called to order at 3:15pm. 1. ALTON ROAD DISTRICTS; a) PROPOSED ALTON ROAD HISTORIC DISTRlCT BUFFER OVERLAY. (DEFERRED FROM THE DECEMBER 19,2012 LUOC MEETING ORIGINALLY REQUESTED BY CITY COMMISSION JANUARY 19. 20111TEM R5D) b) PROPOSED PARKING DISTRICT #6 FOR THE ALTON ROAD CORRIDOR. (DEFERRED FROM THE DECEMBER 19, 2012 LUDC MEETING OR\GINALL Y REQUESTED BY CITY COMMISSION ttOVE,BER 17,2010 CITY COMMISSION MEETING, ITEM RSA) 6.f!ER~ACTION: Rrchard Lorber introduced the proposed parking district ordinance and explafned that the Planning Department continues to support the proposed reduction In parking for the Afton Road corridor. Jorge Gomel added that the provisions for hotel parking in this ordinance should be removed as the City is addressing the issue or hotel parking through other ordinances. Graham Penn representing the Galbut Project at 61" and Alton spoke in favor of the draft ordinance and requested a modification to the map of boundaries of the area, to include all of the Vitri parcel. Mark Needle, representing the Flamingo Park Neighborhood Association, indicated that the residents would only consider that the parking reductions should be approved if the companion historic district buffer overlay ordinance was also moved forward, MOTION: Ubbin/G6ngora: (2-0) Move both a) the Administration's recommendation, and b) Parking District #6, forward to the full Comm~ssion. 2. REDUCED PARKING RATES FOR HOTEL EMPLOYEES. (DEFERRED FROM THE DECEMBER 19,2012 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON, Agenda Item c., G. .B Date ..?i .. !; ~ 149 457 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: Improve the City's Overall Financial Health and Maintain Overall Bond Rating Supporting Data (Surveys, Environmental Scan, etc.): 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 if, by May 3, 2013, a signed General Release is received by the City. Alternatively, the Administration requests authority to terminate the Lease Agreement. 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 1i11 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 incorporating a revised rent schedule. 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, and was opened and continued in light of pending matters. The Tenant has requested a continuance of the advertised May 8, 2013, public hearing but is willing to proceed with Amendment No. 3 to the Lease. However, the Administration does not recommend proceeding with Amendment No. 3 due to continuing unresolved issues outlined in the May 8, 2013, Commission Memorandum. The Administration is agreeable, contingent upon receipt of an executed General Release by May 3, 2013, to open and continue the matter of the entertainment use and the matter of Amendment No. 3 to the Lease Agreement, a draft of which is attached to the Commission Memorandum as Exhibit "1." Alternatively, if the General Release is not received by May 3, 2013, then the Administration recommends that the Commission authorize the City Manager to proceed to place Tenant in default, terminate the Lease, and take any and all other related actions. Advisory Board_ Recommendation: [Finane~-~-Citywide Projects Committee recommended approval of revised rent schedule on January 24, 2013 Financial Information: ~uree~ Fu~n~d~s~:~~--1-~-~A-m_o_u_n~t-=======================A=c=c=o=u=n=t========~-::::::::l Financial Impact Summary: j C,!!Y. Clerk's Office Legislative Tracking: [An~a Parekh, ext. 6471 Si n~Offs: ·--------------------·----------------------------------~----------~ MIAMI BEACH 459 AGENDA ITEM ____:.R...:....1_A __ DATE --=S:;_..--=-<g--'..-J'-"'3'--- m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager -- DATE: May 8, 2013 OPEN AND CONTINUE SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPR VING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 3 TO THAT CERTAIN RETAIL LEASE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY (COLLECTIVELY, LESSOR), AND PENN 17, LLC (LESSEE), DATED SEPTEMBER 16, 2011, INVOLVING THE LEASE OF APPROXIMATELY 7,655 SQUARE FEET OF GROUND FLOOR RETAIL SPACE AT THE PENNSYLVANIA AVENUE GARAGE, 1661 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA; 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 if, by May 3, 2013, a signed General Release is received by the City from the Lessee, Penn17, LLC. Alternatively, if the signed General Release is not received by the City by May 3, 2013, the Administration requests authority to terminate the Lease Agreement. BACKGROUND On April 13, 2011, the Mayor and City Commission approved 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) ahd 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. After putting the Tenant on notice of certain compliance-related issues, including non- payment of rent, the City received a letter in response to its November 15, 2012 letter from Tenant's legal counsel 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. As a solution, Tenant requested permission to relocate all eight compressors to the roof of the 460 City Commission Memorandum Penn 17, LLC-Retail Lease Amended Rent Schedule May 8, 2013 Page 2 of 5 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 which 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. As has been outlined in the Commission Memorandums dated March 13, 2013 and April 17, 2013, in December 2012, the FCWPC was in favor of entertaining a deferral of the Tenant's rent, but for a period of less than twelve months and 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. On January 24, 2013, FCWPC recommended in favor of the following renegotiated terms, as proposed by staff: 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. A schedule reflecting the revised rent schedule, as recommended by FCWPC, is included as 461 City Commission Memorandum Penn 17, LLC-Retail Lease Amended Rent Schedule May 8, 2013 Page 3 of 5 Exhibit "A" to this memorandum. To date, Tenant has paid 50% of the January, February, March, and April 2013 Base Rent and CAM. In January, 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 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 131h discussion, the City Commission requested that Amendment No. 3 also include 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; an additional clause that Tenant admits and acknowledges that, but for approval of Amendment No. 3, 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. The Administration prepared an agenda item for the City Commission's consideration at its April 17, 2013 meeting. However, by April17, 2013, the Tenant had not been able to solidify its concept plan or provide a site plan as requested by staff in time to submit the necessary information for Commission consideration at the scheduled public hearing regarding the entertainment use. The Tenant had also expressed concerns with the Planning Department requirement to install a vestibule area within the Premises 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. Notwithstanding, the Tenant had already met with representatives of the New World Symphony (NWS) and provided us with a confirmation letter from NWS dated March 18, 2013, stating that " ... in the expectation of future on-going mutual cooperation between your operating staff and NWS to ensure that your activities do not adversely affect NWS events and Wallcasts, NWS has no issues with respect to the entertainment license ... " In the meantime, additional non-compliance items were pending. Several construction-cost related items had been addressed in a Notice of Non-Compliance letter dated and sent to the Tenant on March 27, 2013, outlining deficiencies in the Tenant's Construction Fund, as required by the Lease and matters relating to construction claim notices. The Tenant was given until Tuesday, April 2, 2013, to provide specific information and cure measures, and staff informed Tenant that failure to do so may result in the Tenant being placed in default. Subsequently, but 462 City Commission Memorandum Penn 17, LLC -Retail Lease Amended Rent Schedule May 8, 2013 Page 4 of 5 on the same date (March 2th), the City and RDA were served with a Complaint from ART Drywall South, Inc.; one of Tenant's sub-contractors demanding payment from the City in the amount of $52,740, for work performed by the Subcontractor on the Leased Premises. The Tenant's lack of progress in obtaining a building permit to relocate the air conditioning compressors was another pending matter, however, the Tenant maintained that it had not moved forward and paid the building permit fee because the Tenant was requesting that the relocation of the air conditioning units be coordinated in conjunction with the reconfiguration and relocation of the kitchen exhaust. Prior to the April 1 th Commission meeting, the Tenant verbally informed staff that it did not anticipate being able to remedy the outstanding construction claims by April 2nd or by April 17 1h but it nonetheless wished to proceed with Amendment No. 3 to the Lease. Staff reiterated that any further action is contingent on the resolution of outstanding contractual issues. On April 17, 2013, the Administration recommended that the item be opened and continued in light of matters that remained pending. ANALYSIS In preparation of the May 8, 2013 Commission meeting, on April 26, 2013, the Administration sent the Tenant a letter regarding the still-pending outstanding issues, a copy of which is attached as Exhibit "B" to this memorandum. To summarize, the outstanding issues outlined in the letter, as well as the status of the issues as of May 1, 2013, are as follows: 1. The City required a recorded copy of an Order by the Court, dismissing with prejudice ART Drywall's lawsuit against the City. STATUS: A Stipulation for Entry of Final Order of Dismissal with Prejudice was fully executed by the parties on April 29, 2013, and is attached as Exhibit "C." 2. One deficiency in Tenant's Construction Fund is the Tenant's failure to appropriately expend a minimum of $1 million in tenant improvements through the escrow account. STATUS: The City has received copies of cashed checks evidencing expenditures by the Tenant from two different accounts in excess of $1 million. A Tenant Construction Fund Reconciliation chart is attached hereto as Exhibit "D." 3. Another deficiency in Tenant's Construction Fund is the Tenant's failure to maintain at least $50,000 in the escrow account until such time that Tenant's work has been substantially completed, as determined by the Landlord. In the absence of a final Certificate of Occupancy, the City required the Tenant to replenish $50,000 in the escrow account. STATUS: The Tenant has delivered a $50,000 check to the escrow agent, a copy of which is attached hereto as Exhibit "E." 4. Two additional claim notices were received by the City from: Cors-Air in the amount of $3,001.92; and from MP Firestop Corp. in the amount of $7,900. STATUS: The MP Firestop Corp. claim for $7,900 was satisfied and the City Attorney's Office has accepted the contractor's Notice of Satisfaction and Accord and Waiver of Claims against Penn 17, LLC, which is attached hereto as Exhibit "F." Tenant has expressed that the $3,009.92 claim has been paid and that the Tenant is in the process of obtaining a signed release. 463 City Commission Memorandum Penn 17, LLC -Retail Lease Amended Rent Schedule May 8, 2013 Page 5 of 5 5. A General Release has been required in which Tenant waives any and all claims against the City. STATUS: The Tenant has agreed to sign the release, which is attached hereto as Exhibit "G." The deadline for receipt of the signed release is Friday, May 3, 2013. If the release has not been received by the close of business on May 3, 2013, the Administration will recommend termination of the Lease. 6. The Planning Department recommended certain conditions regarding the entertainment component, including the creation of a double door vestibule at the main entrance. Accordingly, staff requested that the Tenant produce site plans of the space, incorporating the Planning Department's recommendations. STATUS: Site Plans have not been provided to staff and a final determination has not been made regarding the vestibule issue. In addition to providing the updated items noted above, the Tenant requested a continuance of the public hearing but is willing to proceed with Amendment No. 3 to the Lease. Further, on April 30, 2013, the City received a copy of a Claim of Lien recorded on behalf of A & P Air Conditioning Corporation regarding an outstanding $73,693 plus interest (A & P Claim). A copy of the A & P Claim of Lien is attached hereto as Exhibit "H." The Tenant informed staff that additional time is necessary to remedy the A & P Claim. On May 15 \ 2013, the Administration notified the Tenant that a recommendation to open and continue the item to June, 2013 would be contingent on the delivery of the signed General Release by the Tenant by May 3rd, 2013. CONCLUSION AND RECOMMENDATION The Administration is agreeable, contingent upon receipt of an executed General Release by May 3, 2013, to open and continue the matter of the entertainment use and the matter of Amendment No. 3 to the Lease Agreement, a draft of which is attached hereto as Exhibit "1." Alternatively, if the General Release is not received by May 3, 2013, then the Administration recommends that the Commission authorize the City Manager to proceed to place Tenant in default, terminate the Lease, and take any and all other related actions. ~rcr \ . {.hJP\KOB c ments T:\AGENDA\2013\May 3\Penn 17 Retail Lease CMB Memo.doc 464 465 Exhibit A Penn 17, LLC Revised Rent Schedule Penn 17, llC Rent Schedule Lease Commencement: October 13, 2011 Rent Commencement: April14, 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. 158.881 $ $ 56.317.75 $ 2B, 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 $ $ 8.47 4.00 $ $ (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) $ (84.476.64} $ 506,659.75 $ 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 $ 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 $ $ (28.87 6.53) $ 60.411.06 $ 31.534.53 12/13/13 $ 49.279.06 $ 2.658.00 $ 8,474.00 $ $ (28.876.53} $ 60.411.06 $ 31.534.53 01/13/14 $ 49,279.06 $ 8.057.00 $ 8,47 4 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 $ 65.8i0.06 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 s 80,487.00 $ 101,688.00 $ $ (86,629.59) $ 773.523.72 $ 686,894.13 Current Proposed lease Year: 4 Rent Rent Total Monthly Total Monthly 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 $ 8.47 4.00 $ $ $ 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 s 48,093.00 $ 101,688.00 $ $ s 758,870.16 $ 758,870.16 Page 1 of 3 466 Penn 17, llC Rent Schedule lease Commencement: October 13,2011 Rent Commencement: Aprill4, 2012 Current Proposed Lease Year: 5 Rent Rent Total Monthly Total Monthly Base Rent Repayment (2 and 3) CAM(*) Abatement Deferment Payment Payment $ 52,280.15 $ 6.645.00 $ 8.474.00 $ $ $ 63,412.15 $ 67,399.15 11/13/15 $ 52,280.15 $ 6.645.00 $ 8,474.00 $ $ $ 63.412.15 $ 67,399.15 12/13/15 $ 52,280.15 $ 6,645.00 $ 8.474.00 $ $ $ 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 $ 8.47 4.00 $ $ $ 63.412.15 $ 67.399' 15 03/13/16 $ 52.280.15 $ 6,645.00 $ 8.47 4.00 $ $ $ 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 $ 8.47 4.00 $ $ $ 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 $ 8.47 4.00 $ $ $ 63.412.15 $ 67.399.15 Total: $ 627,361.80 $ 79,740.00 $ 101.688.00 $ $ $ 760,945.80 $ 808,789.80 Current Proposed Lease Year: 6 Rent Rent Total Monthly Total Monthly Base Rent Repayment (4) CAM(*) Abatement Deferment Payment Payment $ 53,848.56 $ 7,129.43 $ 8.474.00 $ $ $ 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 $ 69.45199 07/13/17 $ 53,848.56 $ 7,129.43 $ 8.474.00 $ $ $ 62,322.56 $ 69.451.99 08/13/17 $ 53.848.56 $ 7.129.43 $ 8.474.00 $ $ $ 62,322.56 $ 69.451.99 09/13/17 $ 53,848.56 $ 7,129.43 $ 8.474 00 $ $ $ 62.322.56 $ 69.451.99 Total: $ 646,182.72 $ 85,553.16 $ 101.688.00 $ $ $ 747,870.72 $ 833.423,88 Current Proposed legse Year: 7 Rent Rent Total Monthly Total Monthly Base Rent Repayment ( 4) CAM(*) Abatement Deferment Payment Payment $ 55.46402 $ 7,129.43 $ 8.474.00 $ $ $ 63,938.02 $ 71.067.45 ll/13/17 $ 55.464.02 $ 7.12943 $ 8.474.00 $ $ $ 63.938.02 $ 71.067.45 12/13!17 $ 55.464.02 $ 7,129.43 $ 8.47 4.00 $ $ $ 63,938.02 $ 71.067.45 01/13/18 $ 55,464.02 $ 7,129.43 $ 8.47 4.00 $ $ $ 63,938.02 $ 71 ,067.45 02/13/18 $ 55.464.02 $ 7,129.43 $ 8.47 4.00 $ $ $ 63,938.02 $ 71,067.45 03/13/18 $ 55,464.02 $ 7,129.43 $ 8.474.00 $ $ $ 63,938.02 $ 71.067.45 04/13/18 $ 55,464.02 $ 7,129.43 $ 8.474.00 $ $ $ 63,938.02 $ 71,067.45 05/13/18 $ 55.464.02 $ 7,129.43 $ 8,474.00 $ $ $ 63.938.02 $ 71.067.45 06/13/18 $ 55,464.02 $ 7,129.43 $ 8.474.00 $ $ $ 63.938.02 $ 71.067.45 07/13/18 $ 55.464.02 $ 7.129.43 $ 8.474.00 $ $ $ 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: $ 665,568.24 $ 85,553.16 s 101,688.00 $ $ $ 767,256.24 $ 852,809.40 Page 2 of 3 467 Penn 17, LLC Rent Schedule Lease Commencement: October 13, 2011 Rent Commencement: April 14, 2012 Lease Year: 8 Total Monthly Base Rent CAM(*) Payment $ 57,127.94 $ 8.47 4.00 $ 65.601,94 11!13/18 $ 57,127.94 $ 8.474.00 $ 65,601.94 12/13/18 $ 57,127.94 $ 8,474.00 $ 65,601.94 01/13/19 $ 57,127.94 $ 8.474.00 $ 65,601.94 02/13/19 $ 57,127.94 $ 8,47 4.00 $ 65.601.94 03/13/19 $ 57,127.94 $ 8.474.00 $ 65.601,94 04/13/19 $ 57,127.94 $ 8,474.00 $ 65.601.94 05/13/19 $ 57,127.94 $ 8.474 00 $ 65,601,94 06!13/19 $ 57,127.94 $ 8,474.00 $ 65,601.94 07/13/19 $ 57,127.94 $ 8.474.00 $ 65,601.94 08/13119 $ 57,127.94 $ 8.474.00 $ 65.601.94 09!13/19 $ 57,127.94 $ 8.474.00 $ 65.601.94 Total: $ 685,535.28 $ 101,688.00 $ 787,223.28 Lease Year: 9 Total Monthly Base Rent CAM(*) Payment $ 58,841.78 $ 8.474.00 $ 67,315.78 11/13/19 $ 58,841.78 $ 8.47 4.00 $ 67,315.78 12/13/19 $ 58,841.78 $ 8.474.00 $ 67,315.78 01/13/20 $ 58,841.78 $ 8.474.00 $ 67,315.78 02/13/20 $ 58.841.78 $ 8.474.00 $ 67,315.78 03/13/20 $ 58.841.78 $ 8.474.00 $ 67.315.78 04/13/20 $ 58,841.78 $ 8.474.00 $ 67,315.78 05/13/20 $ 58,841.78 $ 8.474.00 $ 67,31578 06/13/20 $ 58.841.78 $ 8.474.00 $ 67,315.78 07113/20 $ 58,841.78 $ 8.474 00 $ 67,315.78 08/13/20 $ 58,841.78 $ 8.474.00 $ 67,315.78 09/13/20 $ 58,841.78 $ 8,474.00 $ 67,315.78 Total: $ 706,101.36 $ 101,688.00 s 807,789.36 Lease Year: 10 Total Monthly Base Rent CAM(*) Payment $ 60,607.03 $ 8.474.00 $ 69,081.03 11/13/20 $ 60.607.03 $ 8.474.00 $ 69,081.03 12/13/20 $ 60,607.03 $ 8,474.00 $ 69,081.03 01/13/21 $ 60,607.03 $ 8.474.00 $ 69,081 03 02/13/21 $ 60.607.03 $ 8,47 4.00 $ 69,081.03 03/13/21 $ 60,607.03 $ 8.474 00 $ 69.081.03 04/13/21 $ 60.607.03 $ 8.474.00 $ 69,081.03 05/13/21 $ 60,607.03 $ 8.474.00 $ 69,081.03 06/13/21 $ 60.607.03 $ 8.47 4.00 $ 69,081.03 07/13/21 $ 60,607.03 $ 8.474.00 $ 69,081.03 08/13/21 $ 60,607.03 $ 8.474.00 $ 69,081.03 09/13/21 $ 60,607.03 $ 8.474.00 $ 69,081.03 Total: $ 727,284.36 $ 101,688.00 $ 828,972.36 NOTE: CAM (*I -Pursuant to Section 18 of the lease Summary, the CAM rate is subject to adjustment to reflect the actual pro-rata share of Property Taxes and Insurance costs incurred by the landlord during the previous calendar year. Page 3 of3 468 469 Exhibit B Letter to Penn 17, LLC Dated 04/26/2013 MIAMI BE City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov REAL ESTATE, HOUSING & COMMUNITY DEVELOPMENT Tel: {305) 673-7000-(305) 673-7033 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED April 26, 2013 Amir Ben Zion Managing Member Penn 17, LLC 1661 Pennsylvania Avenue, Suite 6 Miami Beach, FL 33139 Copy sent via electronic mall to: amir.ben-zion@fcsny.com shai@cooperavenue.com Re: Lease Agreement (the "Lease") between the City of Miami Beach, Florida, the Miami Beach Redevelopment Agency (hereinafter collectively referred to as "Landlord"), and Penn 17, LLC ("Tenant"), 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 ("Premises") Dear Mr. Ben-Zion: As you may be aware, the Public Hearing that had originally been scheduled before the City Commission on April 17, 2013, to consider a proposed change of use to the Premises, as well as to consider the proposed Amendment No. 3 to the Lease, was re-scheduled to be heard at the City Commission meeting on May 8, 2013. This was due to the fact that you were unable to comply with certain outstanding issues which needed to be resolved prior to the City Commission's consideration of the aforestated items. As of the date of this letter, these same issues remain outstanding, as follows: 1. The City requires a recorded copy of an Order by the Court, dismissing with prejudice ART Drywall's lawsuit against the City. 2. The deficiencies in Tenant's Construction Fund, originally identified in the City's correspondence, dated March 26, 2013 (a copy of which is attached as Exhibit "A" hereto), still need to be resolved. Specifically, the City has not yet agreed to accept the copies of checks/payments made from Tenant's own construction account (provided to us by Tenant's Escrow Agent in its written response to the City, dated April3, 2013), as satisfying the $1 Million Tenant Improvement threshold requirement specified in the Work Letter and Escrow Agreement. 3. In the City's same correspondence (referenced in Item 2 above), we informed you that the Tenant's Construction Fund was not to be reduced to less than $50,000, until such time that Tenant's work has been substantially completed, as determined by the Landlord, in its sole and reasonable discretion. 4. Pursuant to the April3, 2013 response from Tenant's Escrow Agent (attached as Exhibit "B" hereto), the Tenant was to deposit $64,828.92 into the Tenant Construction Fund by April15, 2013, to cover two (2) outstanding claim notices, as well as the original Notice of Lien filed by ART Drywall, noted as follows: 470 Mr. Amir Ben Zion Apri/26, 2013 Page 2of3 Date Contractor/Supplier 10/27/11 Cors~Air 12/14/11 Art Drywall 01/24/12 MP Firestop Corp Amount Correspondence $ 3,001.92 Notice of Non~Payment $53,927.00 Notice of Non~Payment $ 7,900.00 Notice of Lien As stated in Item No. 1, the City requires that the ART Drywall lien (which has now resulted in ART's filing of a lawsuit against the City), be satisfied via an Order of dismissal. We will require satisfaction of liens and releases for the other two (2) liens (Cors-Air and MP Firestop Corp). 5. As a condition of the City's approval of Resolution No. 2013-28167 (attached as Exhibit "C" hereto), Tenant verbally agreed at the March 13, 2013 City Commission meeting to execute a General Release, attached as Exhibit "0" hereto, waiving any and all claims against the City including, without limitation, those with regards to the kitchen ventilation and relocation of the air conditioning system. 6. Site plans were to be submitted to the City prior to the Public Hearing in connection with Tenant's proposed entertainment use. The plans were to reflect certain conditions required by the Planning Department, attached as Exhibit "E" hereto. It is imperative that you either comply with or, where noted, provide the City with the information requested in, Item Nos. 1-6 above, by no later than April30, 2013, so that we may advise the City Commission accordingly, and determine whether to proceed with the May 8, 2013 Public Hearing and consideration of Amendment No. 3. Failure to do so may result in the proposed May 8, 2013 items being withdrawn from the City Commission meeting agenda, and in Tenant being placed in default of the Lease, which remedies may include the return of the Premises to the City; the acceleration of rent due and payable through the remaining term of the Lease, including all rent deferral amounts to date; the initiation of legal proceedings; and the recovery of any costs and reasonable attorney's fees resulting therefrom. PLEASE GOVERN YOURSELF ACCORDINGLY Sincerely, {_ /fi/ ' Kathie G. Brooks Assistant City Manager AP:KOB Attachments 471 Mr. Amir Ben Zion April 26, 2013 Page 3 of3 Copies to: Mr. Steven E. McNeff Registered Agent Penn 17, LLC 45 N.E. 41 Street Miami, FL 33137 Mr. Amir Ben-Zion 585 N.E. 58 1h Street Miami, FL 33137 cc: Jimmy L. Morales, City Manager Jose Smith, City Attorney Raul Aguila, Chief Deputy City Attorney Anna Parekh, Director of Housing/Community Development Kent 0. Bonde, Interim Leasing Specialist F:\$Ail\Asset\Pennsylvania Ave Garage Leases\Penn 17, LLC\Penn 17-Penn 17 Outstanding Issues 04·25·2013 472 '' . ., ( EXHIBIT A MIAMI BEACH City of Miami leach, 1700 Convention Center Drive, MlomiBeaCh, florida 33139, www.mlamlbeochfl.gov REAl fSTATf, HOUSING & COMMUNITY DEVELOPMENT Tal: f305) 673-7193 -f3(),5J 673-7033 March 26, 2013 Mr. Amir Ben Zion Managing Member Penn 17, LLC. 1681 PennsyJvanfa Avenue, Suite 6 · Miami Beach. FL 33139 .r:.-Jeffrey A. Ryner, Esq. •• Mitrani, Ryner. Adamsky & Toland, P .A'i- 301 Arthur Godfrey Road, PH Miami Beach, FL 33140 Copy sent via srectronlc mall, receipt requested to: · amrr.beu-Jion@fcsny.mro; 8D)Ir@fcsny.CQ1!1; shal@coQPm~venye.com JRynor@mltrani.CQJD RE: Work Letter and Escrow Agreem"nt (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 presentation 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 refa'ted 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 11A" hereto, it appears the initial $500,000 (the fir$t half of the Tenant Construction Fund) was deposfted into the Tenant Construotfon Fund (herelnafterTCF) 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. 473 Amlr Ben Zion Penn 17, LLC March 26, 2013 Page2of4 { 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 Worfc 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 Costa, • as same are defirntd In Article I, Section 2. page 2 of the Work Letter. Based on our review of Exhibit "A,• there are 'lwo (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 Pt~yee Amount Memo 03120112 1567 Cltv of Miami Beach Bldg Deot $12.222 92 Permit Fees 03/20/12 1568 Cit~ of Miami Beach Bldg OQ~t ~ $4~_,_604.43 Concurrencv Fees Total $60 827.35 Action Required: In accordance with Article f, Paragraph 2, on page 2 of the Worfc Letter, •Afl Soft Costs ahafl be paid as and when due from Tenant's own funds other than the Tenant Construction Fund." Accordingly, the aforestated Soft Costs, fn 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 ExhlbH 118" hereto, the following discrepancies were noted: (f) 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 $723,268. 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 Tabfe 2 below): coupled with the two unauthorized payments, fn fhe amount of $60,827.35, referenced in Table 1 of thfs Notice. Tab/e2 Date Pavee Amount Memo 10/27/11 Skv Builders $ 6 800.00 labor & materials 12/14/11 Halloran Construction $ 25848.00 Labor & materials 01/24/12 Halloran Construction $100548.64 Labor & materials Total $133188.64 (ii) Pursuant to the City's reconclffatlon In Exhibit ~~a.• 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 submtssion 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"), specfficafly 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 474 Amlr Ben Zion Penn 17, UC March 26, 2013 Page 3of4 ( ; reasonable discretion; and, shall only be released upon lasuance of a final Certificate of Occupancy (CO), with proof that all permits have been closed, together with final lien waivers and contractors 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 reconoiJiatlon Exhibit •e"); such clarification, confirming that the aforestated balances remain in the TCF. 4. Article ~ Section 3. .. Tenant shalf require its Contractor to provide uncondltlonaf 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 fumlshfng material or providing labor or seNices 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 (fll) 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. 6. 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 retated to Tenant's Improvements as noted In Table 3 below: Table 3 Date Contractor/SuppiJer Amount Correspondence 10/27/11 Cors-Air $ 3 001.92 Notice of Non-Pavment 12/14/11 Art Drywall $53,927.00 Notice of Non-Payment 01/24/12 MP Flrestop Com $ 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, shalf 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 Cfty Commission's final consideration and approval of the Third Amendment, which we intend to present at the Aprif 17, 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 475 Amlr Ben Zion Penn 11, LLC March 26, 2013 Page4of4 { ( set forth herein, by no later than seven (7} days from the date of this Notice, or by April 2, 2013. Failure to do so may result in the Tenant being placed in default under the Work Letter and the lease. Please govern yourselves accordingly. Sincerely, ~6/)~ Anna Parekh Director AP:KOB Attachments Cc: Kathie G. Brooks, Interim City Manager Max Sklar, Acting Assistant City Manager Raul Aguila, Chief Deputy City Attorney 476 • Ill 301 MhurGcdtreyRd PenfhOUIIO Mlam!Seach Fl. 3!140 T Sos.SSB.OOSO F 305.868.o560 WWW.mltnlrnf.cDM MITRANI RYNOR ADAMSKY TOLAND I ATTORNEYS EXHIBIT B fGtt t.audardGie Office .Aprl13, 2013 2400 N Cammerw f'kwt' Sulft 302 · Wllllon Fl 33326 .leffra, A. Ryner r~nl.com .Anna Parekh, Dlteotor Raul J. Aguila, Chief Deputy City Attom.ey 1700 Convention Center Drive Fourth Floor Miami Beach, Florida 33139 Rs: LSII8B Agreement (URBB) bltwlen tlu GY(JI of MltJIIIl Be~~ch, Flol'ltlll, Tlut Mlmnlllucli.Redeve/opmsnt Agenq (hsrehttifter collecttvely N/srrtul to tu Lmullord) and Penn 11, LLC (Tellllllt), IIWOivlnl the luaeofapproxiJiulll4ly '1.665 Bfllllre/utofgroundj(Dor rslldl llpiiC8111 Penn.ry/VIUfld AW11U18 Garqe, 1661 Pan111,Vlvtmlll AJJBnue1 Mlmnl Beach, Flotld4 (.Premiaes) Dear Ms. Parekh and Mr. Aguila: This letter responds to your Notice ofNon..Compliance dated March 26, 2013. AI you know, the Tenant has spent well in exoe$8 of the One Million Dollars contemplated in the Tenant Construction Fund, because the Tenant wants to make tho restaurant space as unique and beautiful as possible, plus provide unparalleled ouiaine and superlative service. In order to accomplish thia goal, the Tenaru baa conttlbuted subslantial t\mds and spared no expenso to design a uniqllO space that comp~ tho ariiatio beauty of Lincoln Road. The build-out of the restaurant very muoh retleets the tremendous effort the Tenant put into the apace, to convert it ftoma garage and provide an architectural rebirth. With this in mind, the Tenant responds to the oompllanoe related iasues as follows: 1. Artiole 1, Section 2. • The Tenant provided a deposit of $500.000 on September 19, 2011 and a $150,796.82 deposit on February 2, 2012 for a total of$650,196.82. The Tenant paid for construction costs in the amount of $1,281,614,12 to Halloran Construction atone. In addition, the Tenant paid $917,489.41 for kitehen equipment and oonatzuotion costs. The Tenant also paid for lighting and a sound system which cost approximately $120,000, plus the furniture ( $150,000) and erohitectural fees ($120,000). Although the Tenant did not deposit the remaining balance of $349,203 it cettaillly · complied with the Lease's requirement regarding construction by paying for the 477 -~ ... :~·~ < •• ..r· 0 II\ MITRANI RYNOR ADAMSKY TOLAND ATTORNEYS construction coats as retleoted in the numerous invoices and cheob attaohed hereto as Exhibit 1. 2. Article 1, Section 2. -Although the Tenant paid City of Miami Beaoh Buildfng Department permit fees and OOJ10UJ'1'0Jl0Y fees, the addlticmal ehecb that have been supplied as Exhibit 1 to this !otter refleot that the Tenant bas paid for herd costa beyond the amount originally antioipated in the TCF. Consequently, the Tenant would propose that tho hard oosts that ware paid to the genera! contractor, as well as sub- oontraotors, bo credited towanls the hard costs. 3. Attached please find as BxhJbit 2, the disbursement of the funds. 4. Article 3, Section 3. -As you know the contractor baa perfor.tned under the contract and oompleted the restaurant. Unoonditional performance and payment bonds are not readily available for restaurants. However, the permitting proceu as well as a sbnple visual inspection will oo.nfirm that tho work has been completed. 5. The Tonant will deposit in escrow $64, 828.92 by AprillS, 2013, as it relates to the three claims roferred to in your letter. rn the meantime, the Tenant has already been in contact with the drywall company and it is willing to agree to an oxtena~ if necesaary to tho complaint. to amicably msolvc this matter. It should be noted tbat the Tenant disputea these claims, but will resolve them as soon as possible. 2 478 I I I I I I i I i I l I I l I ReSOLUTION Nn _2013-28167 A R.S80LUTION OF MAYOR AND CITYOOUUIUJOH OPTHI CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THI RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMrn&E PERTAINING TO THAT CERTAIN RETAIL LEASE AGREMENT BY AND IETMSNTHE CJ'J'Y OF MIAMIII!ACH, THe MIAMI IBACH RfJDEWLOPMENT AGBNCY AND PENN 17, LLC (LE88&S), DATED 8EPTEMUR 18, 2011, INVOI..VIIG 'THE LEASE OF APPRO)QMATILY 7,811 SQUARE FEET OF GROUNP FLOOR RETAIL SPACE AT THE PENNSYLVANIA AVENUE GARAGE, 1N1 PENNSYLVANIA AVINU!, MIAMI BEACH. FLORIDA; GRANTING THI 1EI88EE THE FOLLOWING AMBNDID SCHEDULE OF RINT: 1) APPLYINCJ OHJ THIRD (113) Ofl THE LUIE!I'8 EXIITtNG 8ECURITV DEPOSIT, RIPMIIINTING $47,844, TOWARD BAll! RENT OWED FOR THE MONTH OF NO'IEIBSR 2012; 2) DIFIRRING $8,4:74 FORCOMMONARSAMAINTINANCE (CAll) FORNOVEMIIR2012,AND lAII! RINT, PLUS CAM, FOR DECEMBER 2tl.1i.t1NTHRTOTALAMOUNT OF .. 782 (HEREINAFTER REFERRED 1'0 AS THEIIAOK.OUS RENT): 3)APPROYING AN ABATEMENT OF FIFTY PERCENT(_.) OF THE BA8E RINT AND CAM DUE FOR THE SIX (8) MONTH PERIOD CXUISHCINB JANUARY 13, 201a THROUGH JULY 121 2018; 4) DBPIRRNG FIFTY PERCENT (10%) OF THE BAlE RENT AND CAU FOR THE 81X(t) lllONTH PERIOD COMMBNCINGJULY 11, 2013 THROUGH JANUARY 12, _.1:4; AND, I) PROVIDING POR RB· PAVMINT BY LilliE OF TH! ONE "MittD tsCURITV DEPOSIT AND Rf!· PAYMENT OF THE BACK·DUE RENT PORtoVDBIRANDDEOENBER, 2012; ALL. IN ACCORDANCE WITH THE PAVNE!NT SCHEDULE ATTACHED A8 exHIBIT "A!' HERETO; FURTHER SEmtiG OF A PUBUC HEARJNG IV THE CITY FOR APRIL 17, 2013, REGARDING W8ES'8 PROPOSAL TO ADD AN ENTERTAINMENT COMPONENT AI AN!WPROPOISD U8E' ON THE LEAII! PRIMI8S8 (AND AI PART OF LE881f!'S PROPOSAL TO "RE-BRAND" AND MOPEN THE PREMISES), AND M RIQIMD IV SECTION 142-882 OP THE CITY CODE. EXHIBIT C WHEREAS, on Aprll13, 2011, the Mayor 81d crty oommleelan adopted Reaolutlon No. 2011 .. 27647, approving a Leue Agreement (the •~..taaeu), between the City, the RCA (colleotlvely, L.eesor) and Penn 17 LLO. (Leeeee), having a term of nine (9) years and 884 daya, for uee of approXImately 7,807 square feet ot ground Jevell8lallapaoe at the PennayJvanla Avenue Garage, 1861 Pennaytvanla Avenue, Miami Beach, Ptortda. for a reateurant (pflrnary uae), wlth anciHary ua for a bakery, a bar/oaf6, and a book and gift ahop (he "Premlaea")i and WHEREAS, on February 8, 2012, the Mayor and City Oommleelon adopted Reeofutlon No. 2012-0000, approving a Firat Amendment to the ~ease, correotlng the gro88 rentable retaU apaoe from 7,807 equere feet to 7,865 equare feet, ae wei a providing for a oorreapondlng reduction In annual aaee Rent from $688,625 to $674,126, anct !heoost of common Area Maintenance (CAM), from $100,370 per year to $98,860 per year; end WHEREAS, on June 8, 2012, the Mayor and CltyCommlellon adopted Reaolutfon No. 2012· 27925, approving a Seoond Amendment to the l..taeei 1) granting the Lessee a one (1) month abatement of Base Rent and deferring an additional two (2) months' ot Baa& Rent to be pafd by the Leaaee In lump sum or ln thirty elx (38) equal montllly hnetallmentatogatherwlth regular payments of rent, taxes and Common Area Maintenance {CAM). CCDmmenolng In the thlrd year of the Leu& Term and ending 011 the last day of the fifth Y8$l' of the U... Term; 2) lnoreaelng the elze of the Le.uee'e Addltlonaf Ante (storage Space), as defined In eeofiCm 3.11 of the l..eal&, to InclUde an additional 284 square feet, currently designated for storage of itle building's flood panala; 3) lncreaalng the charge for Common Area Matntenanoe (CAM) iron $8,850 per year to $101,890 to refteot the lnoreaeeln size of the Additional Area; and 4) oonetruoflflg, at thel..eaaee'e eole ooet and expen•, 479 a new replacement enclosure for the storage of ftood panele, subject and purauant to the satlafactlon and approval of the Lee&or, and WHERI!AI, the Leased PNmtaea, which housed the Cooper Avenue Reataurant, have been olosed elnoe Peoember 17, 2012; and WHEREAS, the Leasee Ia now requeatJng rent relief In connection with certain operational oompfloetlons resulting from the failure of Ita air oondltlonlng system; and WHEREAS, on December 20, 2012, and January 24, 2013, the City's Flnanoe & OJtywJde Projeota Committee (FCWPO) expre&eed support for provfdlng some level of relief to the l..,.., subJect tc the lnoluelon of apedflo release language absolVIng the City of any UabJUty regarding leaiM'e coat overruns and oJalms related to lou of butlneea: and WHEREM, ~ FOWPC recommended In favor ofthefolowlng terma: 1) apP!1Jng one-third (1/3) of the lesaee'e exlatlng Seourlty Dapoalt. repreeentlng $47,844, towarda Baaa Rent owed for the month of November, 2012; 2) deterring $8,474 for Common lvea Maintenance (CAM) for November, 2012, and Bue Rent, plue CAM, for Oeoember 2012,1n the total amount of$84,782 (Baok-Due Rent)i 3) approving an abatement of 60% of the Base Rent and Common Anta Malntenanoe (CAM) due for the abc (8) monCh period commencing January 13, 2013 through July 12, 2013; 4) deterring fiftY percent (60") of the Baee Rent and CAM for the six (8) month period, commencing July 13, 2013 through January 14, 2014 ("Deferral PertodB), to be repaid by the LeSHe In twenty four (24) equal monthly lnatallmente, commencing In the abdh year ofthe L.eeee Term and ending on the laat day of the seventh year of the Lease Term: and 6) providing for re- payment by Leaaee of the one-third aeourtty deposit In fhe amount of $47,844 and r&<paymant of the Back .. Dua Rent for November and December, 2012, In the amount of $84,791, to be repaid In twelve (12) equal monthly ln~llments oommanolng In the 1lfth year of the Leaae Tetm and ending en the 1aet day o1 the fifth year of the Lease Term; all aa fUrther set forth In Exhibit •A• to thlt ReeolutJonj and WHERSAS, at the request of the FCWPC, the Lenaa has provided the Admlnlltratlon with a preliminary buelneaa plan which propo188 1f'Ctobrandlngn and l'fM)penlng of the Leued Premlaes by July 18, 2012; and WHEREAS, L.eaeee propoaee that the Preml888, when r&opened, will houae tht~e (S} IndiVIdual oanoepts: an anchor restaurant facing 17-m street, Involving the Leuee'a reJooatlon of)tl Bond Street Rettaurant (currdy located at the Townhoute Hotel); a celebrity chef l•nlght faet CUUIIJ eatery In the oenter eectton of the space; and (subJect to OJty approval), a JoungeJbar In the existing bar area; and WHER&AI, elnoe the lounge/bar component propoaes an entertainment uee. 'Mlloh 18 not a permitted uae In the CMo and Convention Center (COO) zoning district, a public hearing Ia required, under Section 142-382 of the City Code to approve euoh uae • . NOW, THEREFORE, BE IT DULY RE80LVED BY THE MAYOR AND CITY COMIIUION OF 1ME CITY OP MIAMI BEACH, FLORIDA, that the Mayor and City Oommlealon hereby aooept the ntaommendatlon of the City's Ffnanoe and CJtywlde Projects Committee pertaining to a propoeed Amendment No. 3 to that certain Retail Leaae Agreement by and between the City of Miami Beaoh, the Miami Beach Redevelopment Agency (oollectlvely, Lesaor), and Penn 17, LLO. (Lessee), dated September 18, 2011, Involving the telae of appro>dmatety 7,666 square feet of ground floor retallapaoe at the Pennaylvanla Avenue Garage, 1681 Pennaylvanla Avenue, Miami Beach, Florida; recommending that, ae part of aald Amendment, the Mayor and City OorrunlatiDn approve the following amended echedule of rent: 1) applying one third (113) of the Leaeee'a eeourttv depotlt In the amount of $47,844 towards baok..ctue rent amounta owed for the months of November, 2012; 2) deferring $8,474 for Common Area Maintenance (CAM) for November, 2012, and Baee Rent, plua CAM, for Oeoember, 2012, In the amount of $84,792 (Sack"Due Rent)i 3) approving an abatement of fifty percent (60%) of the Baae Rent and Common Area Maintenance (CAM) for the abc-month p8lfod commencing January 19 through July 12, 2013; 4) defen'lng offtfl:y 480 peroent (eo%) of the Base Rent and CAM for the sfx-mortth period oommencJng July 13 through JanuaJY 12, 2014; and 6) providing for re-payment by Lessee of the one third eeourity depoalt and f'81)ayment of the Baok .. Due Rent for November and December, 2012; all In aocordanoa wJth the payment tohedule atteohed aa Exhibit "N hereto; further aettlng of a pubUc hearing by the Cit)' for April 17, 2013, regarding Lasua'e proposal to add an entertainment component u a new propoaed uee on the Lease Premises (and aa part of Leesee'a propoeal to "rat-brand• and re-open the Premlaee), and 88 required by eeoUon 142 .. 862 of the Cfty Code. PASSED AND ADOPTED THIS 13TK DAY OP MARCH. 2013. An&ST: CITY CLERK KGB:MS:AP:KOB TMGE!NDA\2013\Mfltoh 18\0on .. ntPenn 171.l.CCMS RESO.dOo 481 MAYOR APPROVED AS TO FOAM & LANGUAGE &.FOa\ EXSDUnON ~ o-t.~~ - 4 482 EXHIBITD GENERAL RELEASE This Ins/rumen/ P1·qxwed By: City Attorney's Office City of Miami Beach 1700 Convention Center Drive Fourth Floor Miami Beach, Florida 33139 GENERAL RELEASE As consideration for the Mayor and City Commission of the City of Miami Beach, Florida's adoption of Resolution No. 2013-28167 on March 13, 2013, PENN 17 LLC, a Florida limited liability company, for itself and its officers, directors, shareholders and principals (collectively "Tenant"), and AMIR BEN ZION, personally and individually, by execution hereof, hereby fully and unconditionally release the City of Miami Beach, Florida, and its commissioners, employees, administrative executives, staff, attorneys, and their respective successors and assigns (collectively "City"), from any and all manner of actions, causes of action, contracts, agreements, covenants, controversies, claims, and demands whatsoever, whether legal or equitable, known or unknown, fixed or contingent (collectively, the "Claims"), from the beginning of the world until the Effective Date of this Release (as set forth in page 2 hereof), and relating to that certain retail lease agreement by and between the City of Miami Beach, the Miami Beach Redevelopment Agency (as "Landlord"), and Tenant, dated September 16, 2011, involving the lease of approximately 7,655 square feet of ground retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida (the "Premises"), including, without limitation, any Claims resulting from the (i) ventilation system, and/or (ii) the air conditioning system on the Premises. The provisions of this Release shall survive any termination or expiration of the Lease. This Release contains the entire agreement between the parties, hereto, and the terms of the Release are contractual and not a mere recital. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 1 483 IN WITNESS WHEREOF, I have hereunto set our hand and seal this ____ _ day of , AD., 2013 ("Effective Date"). ATTEST: By: __________ _ Secretary Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) SS: ) TENANT: PENN 17, LLC By: __________ _ General Partner Print Name The foregoing instrument was acknowledged before me this day of ,..,.--,..,.--,.....,.,.._,.....,..,.~· 2013, by as of Penn 17, LLC, a limited liability entity. He/she is personally known to me or produced valid Florida driver's licenses as identification. Name:----~-~-------- (Print Name) Notary Public -State of Florida My Commission Expires: ____ _ 2 484 ATIEST: By: __________ _ Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) SS: ) AMIR BEN ZION By: __________ _ Amir Ben Zion Print Name The foregoing instrument was acknowledged before me this day of =-~---=--=---:-' 2013, by Amir Ben Zion. He/she is personally known to me or produced valid Florida driver's licenses as identification. Name: __________________ __ (Print Name) Notary Public -State of Florida My Commission Expires: ____ _ 3 485 EXHIBIT E 486 Damien, Elizabeth From: Lorber, Richard Sent: To: Thursday, March 14, 2013 7:10PM Parekh, Anna Cc: Subject: Anna, Aguila, Raul; Gomez, Jorge RE: Penn 17 -Conditions As we discussed earlier, here are some conditions: • A double door vestibule shall be created and maintained at the main entrance of the establishment. • The ground floor windows facing Pennsylvania Avenue shall be sufficiently transparent to afford views of the interior of the facility. • The applicant shall be responsible for maintaining the areas adjacent to the facility, such as the sidewalk and the areas of the street adjacent to the property. When sweeping the area in front of the establishment, the personnel doing the sweeping shall ensure that they do not merely push the refuse in front of another building, but pick up all trash and dispose of it appropriately. • In the event there is queuing of people to gain entrance to the establishment, stanchions shall delineate the area to allow for the free-flow of pedestrians. Security staff shall monitor the crowds to ensure that they do not interfere with the free-flow of pedestrians on the public sidewalk. • Street flyers and handouts shall not be permitted, including handbills from third-party promotions. • All "wet T-shirt," "thong" or "bikini" events shall be prohibited. • Security staff shall take measures to strictly enforce patron age restrictions in the City Code at all times. From: Parekh, Anna Sent: Thursday, March 14, 2013 3:42 PM To: Lorber, Richard Cc: Aguila, Raul; Bonde, Kent Subject: Fw: Penn 17 -Notice Public Hearing.doc Richard, Are you OK with this proposed language? Anna From: Bonde, Kent Sent: Thursday, March 14, 2013 03:36 PM To: Aguila, Raul; Parekh, Anna Subject: Penn 17-Notice Public Hearing.doc Raul, Anna Have drafted the attached Public Hearing notice re Penn 17's proposed Change of Use for the entertainment component. Please advise of any changes, before forwarding to the City Clerk. 1 487 Exhibit C Penn 17, LLC Stipulation for Entry of Final Order of Dismissal with Prejudice 488 A.R.T. DRYWALL SOUTH, INC., a Florida corporation, Pl.ainti fi~ v. CITY OF MIAMI BEACH, a Florida municipal corporation, and THE MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate and politic, Defendants. IN THE CIRCUIT COURT OF THE 11m JUDlCJAL CIRCUIT IN AND FOR MIAMI-DADE, COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO. 13~10726 CA 04 81JPULATION F'OR RNTRY t)lt f'INAl, ORJ>Jl~R OJ;~ Ul§MJSSA,b . WITH l,RE,J lli)JCJ!: Plaintiff, A.R.T. DRYWALL SOOTH, INC., and Dcicndants, CITY OF MIAMI BEACH and THE MIA~4l BEACH. REDEVELOPMENT AGENCY, by and through their respective attorneys, hereby stipulate to the entry of a Final Order of Dismissal of this action, with r>rejudice, with each party to bear their own attorneys' fees and costs. Dateo: TAYLOR VEGA,P.A 2555 Ponce de Leon Boulevard; Suite 220 Coral Gables, Fl.odda 33134 Telephone: (:'WS) 443~2043 Facsimile: (305) 443-2048 l3y: OFFICE OF THE CITY ATTORNEY CITY OF MIAMI BEACH 1700 Conveniinn Center Drive, 4111 Floor Miami Beacb, Florida 33139 Tel~p)J9u§!: C 05) 673·7000 Ext. 6731 /.-f't!csimile: 05) 673-7002 \ Jln . RHONDA, (~~;-- Florida Bar No. 863890 Attorneysfor Defendant,\ 489 CKRTU'lCAT~; OF SERVICE 1 HEREH Y CERTIFY that a true and correct copy of the above was served via Email/PJ)J< and U.S. Mail this~:~~:~-day of April, 2013 on: OFFICE OF THE CITY ATTORNEY 1700 Convention Center Drive .• 4th Floor Miami Beach, Florida 33139 Email: rhondg,montoya@mi@libcachfl.gov Respectfully submitted, TAYLOR VEGA, P.A. Attorm:ysfor Plalnl{ff 2555 Ponce de Leon Boulevard, Suite 220 Coral Gables, Florida 33134 Telephone: (305) 443-2043 Facsimile: pos) 443*2048 y) Bv: f\i /<· • ' ---·· -· .. -··--t-1---./~---· ........ , .. ____ _._ .. , ..... ______________ ~--.. ·------ DANm't, R. VEGA Flq~(Bar No. 148120 MJGl.JEL A. BRJZUELA Flodda Bar No. 21465 ~v~~@taylqrvega.com mbrizu.§l.\:l@mylqrvega.com £aral)itg@),tayl.orvc~.oom fL\235 • ART t)rywnli\2J5.QO l (H;lllunm Bclh%1ll!l Miami Bead;)\Plcading.>'lS.tipu!ationliJr f,nU)• of Final Ord~r of Dlsmissal.dncx 2 490 A.R.T. DRYWALL SOUTH, INC., a Florida corporation, Plaintiff, v. CITY OF MIAMl BEACH, a Florida municipal corporationr and THE MIAMI BEACH REDEVELOPMENT AGENCY, a public body COlliOrate and politic, Dcfendnnts. IN THE CIRCUIT COURT OF THE 11 ru JUDICIAL ClRCUlT IN AND FOR MIAMI-DADE COUNTY, FLORfDA CIRCUIT CIVIL DIVISION CASE NO. 13-10726 CA 04 FINAL ORD:ER OF J)lSJVIISSAL WITH NtF""JUDICE TI-US CAUSE having come before the Com1 on the Stipulation tor Entry of Final Order of Dismissal with l>rcjudice hy the Plaintiff, A.R.T. DRYWALL SOUTH, 1NC., and Defendants, CITY OF MIAMI BEACH and THE MIAMI BEACH REDEVELOPMENT AGENCY, it is hereupon ORDEREH and ADJUOG.Ii.:D as follows: 1. This action is DISMfSSED with prejudice, with each party to bear its own attorneys' fees and costs. DONE and ORDll~RE)) in Cham hers in Miami~ Dade County, Florida on this--~ day of ·~--------··' 2013. Copies furnished ro: Daniel R. Vega, Esq. Rhonda Montoya Hasan, Esq. 491 THE HONORABLE BETH BLOOM CIRCUIT COURT JUDGE 492 Exhibit D Penn 17, LLC Tenant Construction Fund (TCF) Reconciliation 04/04/2013 TENANT CONSTRUCTION FUND {TCF) RECONCILIATION Penn 17, LLC Per Contract Per Escrow Agent Difference Construction Beginning Balance: $ 1,000,000.00 $ 650,796.82 $ 349,203.18 Authorized Via PmtsMade lnovice Date Supplier Description: CMB FromTCF Difference 10/2.7/2011 Sky Builders Labor & materials $ 6,800.00 $ $ 6,800.00 $ 993,200.00 $ 650,796.82 $ 342,403.18 12/14/2011 Halloran Construction Labor & materials $ 25,948.00 $ $ 25,948.00 $ 967,252.00 $ 650,796.82 $ 316,455.18 01/24/2012 Halloran Construction Labor & materials $ 100,548.64 $ $ 100,548.64 $ 866,703.36 $ 650,796.82 $ 215,906.54 03/06/2012 Halloran Construction Labor & materials $ 43,404.00 $ 43,404.00 $ $ 823,299.36 $ 607,392.82 $ 215,906.54 03/20/2012 CMB Building Dept Permit fees{**) $ $ 12,222.92 $ (12,222.92) $ 823,299.36 $ 595,169.90 $ 228,129.46 03/21/2012 CMB Building Dept Concurrency fees(**) $ $ 48,604.43 $ (48,604.43) $ 823,299.36 $ 546,565.47 $ 276,733.89 03/29/2012 Halloran Construction labor & materials $ 384,075.00 $ 384,075.00 $ $ 439,224.36 $ 162,490.47 $ 276,733.89 03/30/2012 American Food Equipment Kitchen/restaurant equipment $ 75,000.00 $ 75,000.00 $ $ 364,224.36 $ 87,490.47 $ 276,733.89 05/09/2012 American Food Equipment Kitchen/restaurant equipment $ 87,490.47 $ 87,490.47 $ $ 276,733.89 $ (0.00) $ 276,733.89 $ $ $ $ $ $ $ $ $ $ $ $ Total Disbursements From TCF to Date: $ 723,266.11 $ 650,796.82 $ 72,469.29 $ 276,733.89 $ $ (276,733.89) Authorized Via PmtsMade Reflected as paid from TCF since receipt of TCF Esrow Statement on 3/12/2013: CMB FromTCF Difference 11/05/2012 1846(*) Met 1 Market Labor & materials(**) $ $ 72,546.00 ~ Sub-Total Discrepancies: $ $ 72,546.00 $ (72,546.00) ~ Revised Total Disbursements from TCF to Date: $ 723,266.11 $ 723,342.82 $ (76.71) Payments made from Tenant's own construction account for labor & materials (Assumes retroactive approval by CMB in lieu of TCF expenditures): Authorized Via PmtsMade Date Check No: Supplier: Description: CMB Penn 17, LLC Difference 10/27/2011 S~y Builderso Labor & materials Approved as $ 6,800.00 $ (6,800.00) 12/14/2011 0 Halloran Construction labor& materials TCF $ 25,948.00 $ (25,948.00) 01/24/2012 Halloran Construction labor &omaterials Payment $ 100,548.64 $ (100,548.64) 03/23/2012 1089 Halloran Construction Labor & materials(*) $ 136,662.74 $ 136,662.74 $ 06/24/2012 1124 Halloran Construction Labor & materials (*I $ 100,000.00 $ 100,000.00 $ 07/05/2012 1136 Halloran Construction Labor & materials(*) $ 100,000.00 $ 100,000.00 $ 07/31/2012 1169 Halloran Construction labor & materials(*) $ 100,000.00 $ 100,000.00 $ 08/01/2012 1172 Halloran Construction Labor & materials(*) $ 59,557.72 $ 59,557.72 $ 08/08/2012 1192 Halloran Construction Labor & materials(*) $ 62,053.28 $ 62,053.28 $ 09/05/2012 1233 Halloran Construction labor & materials(*) $ 68,254.31 $ 68,254.31 $ 10/19/2012 1381 Halloran Construction labor & materia Is ( *) $ 20,000.00 $ 20,000.00 $ 10/29/2012 1384 Halloran Construction labor & materials(*) $ 35,000.00 $ 35,000.00 $ 11/26/2012 1517 Halloran Construction labor & materials(*) $ 14,267.50 $ 14,267.50 $ 11/27(2012 1534 Halloran Construction Labor & materials(*) $ 2,500.00 $ 2,500.00 s Sub-Total, Tenant's Construction Account Disbursements: $ 698,295.55 $ 831,592.19 $ (133,296.64) Total Disbursements to Date: $ 1,421,561.66 $ 1,554,935.01 $ (133;373.35} (* ., Note:{*) Assumes retroactive approval by CMB in lieu of TCF expenditures: (**) Difference~ 3 highlighted payments not approved by CMB Exhibit E Penn 17, LLC Check# 1648, in the amount of $50,000.00, dated 04/30/2013 Pay to the order of: Mitrani, Rynor, Adamsky & Toland, P. A. 494 PAY Penn 17 LLC 112 NE 41st Street Miami, FL33137 305-456-14 70 City National Bank Of Florida One Biscayne Tower Miami, FL 33131 305-577-7277 1648 FIFTY-THOUSAND AND 001100**********-i~*~**~***:!r****-~~i..w************************** DOLLARS ------~-----··-· . -. " . .. ---- TO THE ORDER OF Mitrani, Rynor, Adamsky & Toland, J:(A., lOT A Trust Account · · · 301 Arthur Godfry Road, PH Miami Beach, FL 33140 Memo Escrow Account Penn 17 LLC Mitrani, Rynor, Adamsky & Toland, P.A. Date Type Reference 4/30/2013 Bill Escrow Account Penn 17 Escrow Account Penn 17 LLC Mitrani, Rynor, Adamsky & Toland, P.A Date Type Reference 4/30/2013 Bill Escrow Account Penn 17 Escrow Account Original Amt. 50,000 00 Original Amt. 50,000.00 495 4/30/2013 Balance Due Discount 50,000 00 Check Amount 4/30/2013 Balance Due Discount 50,000 00 Check Amount '1648 Payment 50,000.00 50,000.00 50.000.00 '1648 Payment 50,000.00 50,000.00 50,000 00 Exhibit F Penn 17, LLC Notice of Satisfaction and Accord and Waiver of Claims Against Penn 17, LLC by MP Fire Stop Corp 496 NOTICE OF SATISFACTION AND ACCORD AND WAIVER OF CLAIMS AGAINST PENN 17, LLC BY MP FIRE STOP CORP. The Undersigned, on behalf of MP FIRE STOP CORP., (''MPFS"), hereby acknowledges that full and final payment of $7,900.00 (Seven Thousand Nine Hundred Dollars), has been received from or on behalf of PENN 17, LLC extinguishing and retiring any and all outstanding debts and invoices for goods. materials and services rendered for PENN 17, LLC d/b/a Cooper Ave and relating to work performed at 1661 Pennsylvania Ave, Miami Beach FL 33139. By the execution of this document MPFS now and forever releases, waives, indemnifies and holds harmless the City of Miami Beach, Halloran Construction Corp., and PENN 17 LLC d/b/a Cooper Ave for any outstanding debt that it may have had on its own behalf or by and through any and all sub-contractors for the above-referenced job and permit. MPFS voluntarily relinquishes and waives any and all claims and legal actions for the identified debt and shall immediately notify the City of Miami Beach that all debts are satisfied, paid, or otherwise waived and there exists no further claims relating to this particular matter. By:..;_' ._/ _c_··~_) ...;;._,4~--t' '-t-3t1 ?-I .3 Date ·A R \S LE i=.Df' fi--SRt\)1)f'):Ce? ~ Printed Name 1 On behalf of MP Fire Stop Corp. 121 Golden Isles Drive, #404 Hallandale Beach, FL 33009 STATE OF FLORIDA • COUNTY OF --ft-J. lq ft) I -<~/kU fG/ The foregoing instrument was executed and acknowledged under oath by fl«:ts: Lti£t,J.> It tt£#-tv1f}"r.i:j)t.Y /!;who is personally known to me or produced identification r 1 . ?i'\ti J4 n • in the form oft:=· Ll:o i?1V£ 1'2. Ll CI?Nif: # on this~ day of·('tctL·, 2013. \+ 6~-:~· ()OO ~t 152.7 0 My Commission expir 497 498 Exhibit G Penn 17, LLC General Release This Instnmumt Prepared By: City Attoi'lley's Office City of Miami Beach 1700 Conwntlon Center Drive Fourth Ffoor Miami Beach, Florida 33/39 GENERAL RELEASE As consideration for the Mayor and City Commission of the City of Miami Beach, Florida's adoption of Resolution No. 2013~28167 on March 13, 2013, PENN 17 LLC, a Florida limited liability company, for itself and its officers, directors, shareholders and principals (collectively "Tenant"), and AMIR BEN ZION, personally and individually, by execution hereof, hereby fully and unconditionally release the City of Miami Beach, Florida, and its commissioners, employees, administrative executives, staff, attorneys, and their respective successors and assigns (collectively "City"), from any and all manner of actions, causes of action, contracts, agreements, covenants, controversies, claims, and demands whatsoever, whether legal or equitable, known or unknown, fixed or contingent (collectively, the "Claims"), from the beginning of the world until the Effective Date of this Release (as set forth in page 2 hereof), and relating to that certain retail lease agreement by and between the City of Miami Beach, the Miami Beach Redevelopment Agency (as "Landlord"), and Tenant, dated September 16, 2011, involving the lease of approximately 7,655 square feet of ground retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida (the "Premises"), including, without limitation, any Claims resulting from the (i) ventilation system, and/or (ii) the air conditioning system on the Premises. The provisions of this Release shall survive any termination or expiration of the Lease. This Release contains the entire agreement between the parties, hereto, and the terms of the Release are contractual and not a mere recital. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 1 499 IN WITNESS WHEREOF, I have hereunto set our hand and seal this----- day of • A.D., 2013 ("Effective Date"). ATTEST: By:_-:---------- Secretary Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) SS: ) TENANT: PENN 17, LLC By: __________ _ General Partner Prlnt Name The foregoing instrument was acknowledged before me this day of .,.......,.,._..,....,.,....,,...,.,.,.., 2013, by as of Penn 17, LLC, a limited liability entity. He/she is personaUy known to me or produced valid Florida driver's licenses as identification. Name: ____ ~~------------- (Print Name) Notary Public -State of Florida My Commission Expires: ___ _ 2 500 ATTEST: By: _________ _ Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE ) } SS: ) AMIR BEN ZION By:_-:---:--~~---- Amir Ben Zion Print Name The foregoing instrument was acknowledged before me this day of ';:t;--.,................,...-,• 2013, by Amir Ben Zion. He/she is personally known to me or produced valid Florida driver's licenses as identification. Name: ________ ~--------- (Print Name) Notary Public -State of Florida My Commission Expires: ____ _ 3 501 502 Exhibit H Penn 17,LLC Claim of Lien A & PAir Conditioning Corporation PREPARED BY Adrian F. Gonzalez A & PAIR CONDITIONING CORPORATION 2322 West 78th Street Hialeah, Florida 33016 l305J 556-7849 CLAIM OF LIEN STATE OF FLORIDA COUNTY OF MIAMI DADE BEFORE ME, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Adrian F. Gonzalez, to me known to be the person described in, or has produced identification and who, after being first duly sworn, deposes and says that he/ she is the agent of the lienor herein: A & P AIR CONDITIONING CORPORATION 2322 WEST 78TH STREET HIALEAH, FLORIDA 33016 and that in accordance with a contract with: HALLORAN CONSTRUCTION lienor furnished labor, services or materials consisting of: HVAC on the following described real property: GIGI'S RESTAURANT I 1661 PENNSYLVANIA AVENUE I MIAMI BEACH, FLORIDA / AS RECORDED IN THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA I PROPERTY CONTROL it 02-3227-000-0090 NOC: INSTRUMENT# 2012R021l198 34 53 42 138.17 AC M/L PARK EAST OF BAYSHORE GOLF COURSE & PARK SO OF CANAL & E OF WASHINGTON AVE LESS PARVEL TO BPI PER OR 976-566 & LESS GREATER MIAMI HEBREW ACAD PER OR 2241-185 owned by: CITY OF MIAMI BEACH FLA BAY SHORE CLUB COURSE MIAMI, FLORIDA 33125-3713 of a. total value of: TWO HUNDRED THOUSAND DOLLARS AND 00/00 ($223,693.001 of which there remains unpaid: lllllllllllllllllllllllllllllllllllllllll llll GFN 2012R0893201 DR Bk 283% P!-1 ~~630; ( 1{) s I RECORDED 12/12/2012 12~~1=55 HARVEY RUVIH1 CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA u~s·t F't~GE WARNING! THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN. HOWEVER, THE NEGLIGENT INCLUSION OR OMISSION OF ANY INFORMATION IN THE CLAIM OF LIEN WHICH HAS NOT PREJUDICED THE OWNER DOES NOT CONSTITUTE A DEFAULT THAT OPERATES TO DEFEAT AN OTHERWISE VALID LIEN. TWENTY TWO THOUSAND EIGHT HUNDRED DOLLARS AND 00/100 ($73,693.001 for which amount the lienor claims a lien on the above described real property. He/She further states that the lienor furnished the first of said labor, services or materials on MARCH 27, 2012, and the last of the same on SEPTEMBER 20, 2012 , and that the lienor served a Notice to Owner on MARCH 27, 2012 , by Certified Mail and that the lienor served a Notice to Owner on the contractor by Certified Mail. Under penalties of perjury I declare that I have read the foregoing and the facts alleged are true, to the best of my knowledge and belief. A & P AIR CONDIT NG CORPORATION Adrian F. Gorl.~Ie;, ice President The foregoing instrument was sworn and subscribed bJ.fore me this t.2--day of ":D£_C'JUi~f2012 by Adrian F. Gonzalez of A & P AIR CONDJTION~oRfoRATION He s)l.e is personally known to me and/ or did take an oath. 1 "1 NOTARY ORIDA AT LARGE My Commission Expires: 503 Exhibit I Penn 17, LLC DRAFT Amendment No. 3 to the Retail Lease Agreement 504 Draft 4-29-13 AMENDMENT NO.3 TO THE RETAIL LEASE AGREEMENT (THE LEASE) BETWEEN THE CITY OF MIAMI BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY AND PENN 17, LLC, DATED SEPTEMBER 16,2011, INVOLVING THE LEASE OF APPROXIMATELY 7,807 SQUARE FEET OF GROUND FLOOR RETAIL SPACE AT THE PENNSYLVANIA AVENUE GARAGE, 1661 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA This Amendment No. 3 (Amendment) to Lease, is made and executed as of this __ day of , 2013 (Effective Date), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under th~Aaws of the State of Florida (City}, the MIAMI BEACH REDEVELOPMENT AGENCY, a publlc::'oody corporate and politic (RDA), hereinafter referred to collectively as (Landlord), Jh~;PENN 17, LLC, a Florida corporation, whose principal place of business is located )£?61 Penr,t~ylvania Avenue, Suite 6, Miami Beach, Florida 33139 (Tenant). · RECITA4S: [TO BE IN~tsRJED] . . NOW, THEREFORE, in consid~ratiory of the ~Stu~tcovenants contained herein and other good and valuable considerati(io, ·thE:r·receipt and ~!Jfficiency of which are hereby acknowledged, Landlord and Tenant herel;)y agre~to.~mend the Lease as follows: 1. Item 9 of the Le~se:Summary,>(!ntitled.;;P~rmitte~J .Use of Premises/Retail Space (Section 3.1)(§ection ~,11 )," paragr~ph 1 thereof, is deleted in its entirety and replaced 'A(if~the following new paragraph: The mairit~~mary uses>;f the Restao;ant Space, as also described in Exhibit "B," shall be for lheF·operatiof1··oflfte"followirig: • '",<>, >••;,••, -c•' ,•,,\-'''•- ··atiprQxi~at~l~~ 4000 sq. tt.*of the Space facing 17th Street will house the Bond Streeti:e~taurant, which will be relocated from its current venue at The Townft(lt)se H6tel1 150 20 1h Street. Miami Beach. Florida; approximately 2C500 sq. ft.* of the Space will house the area referred to as "The Cou11"ter" (but which Tenant reserves the right to re-name). and will feature a large counter bar with seating, open kitchen. and communal tables; ~and ..... ··•· <iliQroximately 2000 sq. ft.* will house a lounge/bar, "The Garage," which will serve.a\tariety of beers and cocktails: and a music program which will include bofflve bands and DJ's. *[NOTE: Individual square footages above need to be corrected; they exceed Gross Rentable Area of Premises/Retail Space, which is 7,655 sq. ft.] Tenant's main/primary uses of the Restaurant Space are further described in Exhibit "A" attached hereto. [NOTE: Exhibit "A" is Business Plan Amir gave us.] 1 505 0 raft 4-29-13 2. Item 10 of the Lease Summary, entitled "Term of Lease (Section 1.1 )," hereby amends the following defined terms as follows: (ill Landlord and Tenant (the Parties) hereby agree and acknowledge that the "Lease Commencement Date" is October 13. 2011; .(Q.l the Parties hereby agree and acknowledge that the "Rent Commencement Date" is April 14, 2012; and .(£l the Parties hereby agree and acknowledge that the "Expiration Date" is October 12. 2021 :_·,.' 3. Item 11 of the Lease Summary, entitled "Minimum ReBtJS~ction 2.2)," is deleted in its entirety and replaced with the table attached as Exhipl("B" hereto: /';<' 4. Item 16 of the Lease Summary, entitled "SecuritY,Deposft€Section 2.7)," is amended to include the following additional paragraph; · · Upon approval of Amendment No. rt::s'/\he Mayor and cit.) Commission and execution of the Amendment by Uindlord and Tenant, Landfordwill apply a portion of the Security Deposit, irtthe amountof$ 47.843 to satisfy past-due Minimum Rent and Additional Renf(GAML0Wed by Tenant for the months of November and December, 2012. Cdmni~n~ing on the fifth year of the Lease Term, Tenant shall re-pay.the portion oftfie;security Deposit applied to past due rent amounts owed in twelv~{12) equal. cons~cutive monthly installments. in the amount of $ 3. 987 each. ::< ' · · · • ·· 5. Item 24 of the Le~s~ summary,entitled;''~radeName (Section 3.1)," is deleted in its entirety and repl~ced with the follciwintf .. .ill illl @<·· · .. "J2ohd Street Resi§urant"; .. · . "TtlEfCounter" (1\iro\tided. however. that Tenant reserves the right to re-name this portion oflne Restaurant Space): and "The darage 11 ·(1ounge/bar). <l ·<:'"I- The Pr~ri1i~~s/Retaii,Space shall re-open for business no later than [FILL IN], 2013. .. . ' 7.• §eneral Release.<BY execution of this Amendment No. 3 to Lease, and as additional c()h~ideration for tME;i Mayor and City Commission of the City of Miami Beach, Florida's approval of this .Aft1endment, PENN 17 LLC, a Florida limited liability company, for itself~f1~. its qff1cers, directors, shareholders and principals (collectively "Tenant"), and AMlR''Qfff:\1 ZION, personally and individually, hereby fully and unconditionally release therCity of Miami Beach, Florida, and its commissioners, employees, administrative executives, staff, attorneys, and their respective successors and assigns (collectively "City"), from any and all manner of actions, causes of action, contracts, agreements, covenants, controversies, claims, and demands whatsoever, whether legal or equitable, known or unknown, fixed or contingent (collectively, the "Claims"), from the beginning of the world until the Effective Date of this Amendment No. 3 (as set forth in page 1 hereof), and relating to that certain retail lease agreement (the "Lease") by and between the City of Miami Beach, the Miami Beach Redevelopment Agency (as "Landlord"), and Tenant, dated September 16, 2011, involving the lease of approximately 7,655 square feet of ground retail space at the 2 506 Draft 4-29-13 Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida (the "Premises"), including, without limitation, any Claims resulting from the (i) ventilation system, and/or (ii) the air conditioning system on the Premises. The provisions of this Release shall survive any termination or expiration of the Lease. This Release contains the entire agreement between the parties, hereto, and the terms of the Release are contractual and not a mere recital. 8. Except as amended herein, all other terms and conditions of the Lease shall remain in full force and effect and are hereby ratified and confirmed by the parties. WITNESS WHEREOF, this Amendment No. 3 has bE1~QJ'i!JIY executed by the parties hereto as of the day and year first above written. · ·· ·· ATTEST: CITY .. QF MIAMI BEACH, FLORIOA City Clerk Mayor _.._-.,..,;..;,....., day of......,_,.,_ ___ , 2013. ATTEST: M'IAl\111 BEACH REDEVELOPMENT AGENCY Chairperson ___ day of _____ , 2013. PENN 17, LLC. ATTEST: President Secretary Print Name 3 507 WITNESSES: Signature Print Name Signature Print Name Draft 4-29-13 ___ day of _____ ,2013. Approved and executed as to Paragraph 9/ General Release: By: ________ ~~:·~·------- Amir Ben Zion/ F \$AII\Econ\RHCD\Asset\Pennsylvania Ave Garage Leases\Penn 17\Proposed Rent Schedule Amendment_3 files\Penn 17 Amendment No 3 043013.docx 4 508 RESOLUTION TO BE SUBMITTED 509 THIS PAGE INTENTIONALLY LEFT BLANK 510 Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Granting A Revocable Permit To 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, 1 0'-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. At its April 17, 2013 meeting, the City Commission set a public hearing for the May 8, 2013 Commission meeting to consider this request. 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. THE ADMINSTRATION RECOMMENDS APPROVING THE RESOLUTION. roved the proposed design. Financial Information: Source of Amount Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin JJF/RWS, Public Works 6565 Si n-Offs: Department Director JJI? MT (9 MIAMIBEACH 511 Account Approved AGENDA fTEM grr B DATE 5-g.-J 3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, W¥tW.miamibeachfl.gov COMMISSION MEMORANDUM FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRAN lNG A REVOCABLE PERMIT TO UNGAR- MARSHALL COMPANY, AS THE OWNER OF THE RETAIL PROPERTY LOCATED AT 1100 LINCOLN ROAD (THE GAP STORE), FOLLOWING A DULY NOTICED PUBLIC HEARING, TO ALLOW FOR THE PLACEMENT AND MAINTENANCE BY APPLICANT OF THE FOLLOWING ENCROACHMENTS INTO THE PUBLIC RIGHTS OF WAY ADJACENT TO THE PROPERTY: 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. ADMINISTRATION RECOMMENDATION The Administration recommends that following the duly noticed public hearing, adopt the Resolution approving the Revocable Permit BACKGROUND The Public Works Department received an application for a Revocable Permit to construct a metal canopy and concrete eyebrow into the City of Miami Beach Right of Way. The property located on the northwest corner of Lincoln Road and Michigan Avenue, within the flamingo Park Local historic District, is currently being operated as a Gap store. 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, tho HiGtoric Preservation Board (HPB) granted a Certificate of Appropriateness for demolition of the existing building and the proposed design of a new retail structure. The new building will include a metal canopy, 1 0'-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 by the HPB, the canopy and eyebrow will project over the sidewalk of the Lincoln 512 City Commission Memorandum-1001 Lincoln Road Revocable Permit May8, 2013 Page 2 of 3 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 (1 0') feet of clearance will be maintained between the canopy and the sidewalk grade to allow unimpeded pedestrian traffic. 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 (6'), see (Attachments A, 8, C, and D). A total of approximately 1500 square feet of the right-of-way will be encroached upon by the proposed 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 in accordance with the criteria established in the City Code for the granting/denial of revocable permits and prepare a recommendation. The City Commission shall also set a public hearing for consideration of the proposed revocable permit. ANALYSIS In accordance with the criteria established in Section 82-94 of the City Code for the granting/denial of revocable permits, the City's Public Works find as follows: 1) That the Applicant's need is substantial. Satisfied. The Historic Preservation Board's approval of the proposed new building on the property rquires Applicant to apply for a Revocable Permit. The architectural design requires a sign to the construction extending into the City's right-of-way. The sign is necessary for the identification of the store. The sign cannot be constructed on the Applicant's property. In order to proceed with the design, there is a substantial need to utilize the City's right-of-way. 2) That the Applicant holds title to an abutting property. Satisfied. The Applicant is the owner of the abutting 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's design complies 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 encroachments (canopy and eyebrow) do not create a conflict with existing government utilities and/or easements. 5) Alternatively: 513 City Commission Memorandum-1001 Lincoln Road Revocable Permit MayB, 2013 Page 3 of3 a. 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 providing a store brand sign into the CMB ROW. Satisfied. The Revocable Permit may be considered a neighborhood-enhancing amenity since the canopy and eyebrow will provide pedestrians and bicyclists with shade and protection from rain. 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 right-of-way and provide a neighborhood amenity (such as in this case, a 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 be an architectural to identify the store front. This feature will not have an impact on surrounding properties, and will not have a detrimental effect to the public welfare. The Administration's analysis above shows that the above criteria, as established in Section 82- 94 of the City Code, are satisfied. This application is also supported by the fact that the canopy and eyebrows are part of the design that was approved by the HPB. The HPB considered the canopy and eyebrows to be part of the best design solution for this project, and to be consistent with preserving the architectural theme of the original Robert L. Weed design. CONCLUSION The Administration recommends that the City Commission adopt the attached Resolution 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/MT/ JJF/~ T:IAGENDA\2013\May 8\1001 Lincoln Road Revocable Permit-Memo.docx 514 ' ' Attachment A EXHIBIT"N' 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 REAL1Y COMPANY, according to the Plat thereof, as recorded in Plot 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 centro! 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 ri~ht through a central angle of 89'59'02" for an arc distance of 32.98 feet to o point of tangency; thence S 89'50 4-6" W along o line 6.00 feet South of and parallel with the South line of said Lots 5 and 6 for 93.19 feet; thenr~· ·~ CJ'Q0' 49'' E fnr 6.00 feet; thence N 89'59'46" E along the South line of said Lot 5 for 38.25 feet to the Poin~ vi Scoyinning. SURVEYOR'S NOTES: -This site ties in Section 34-, Township 35 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida. -Bearings hereon are referred to on 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 ond/or rights-of-way of records. -This Is not o "Boundary Survey" but only o graphic depiction of the description shown hereon. -Dimensions shown hereon ore based on Fortin, Leavy, Skiles, sketch #2011-011A. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was mode 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 . F.':''m;;;;.:::~ ~:;'.~.:~:~. :~::· LB3653 ~DY~ff/~/.rfk·. .. . ... . . Daniel C. Fortin, For The Firm · Surveyor and Mapper, LS2853 State of Florida. ~· D~ra-::-wn~B_Y __ M_AP_-; (LE(3AL_ DESCRIPTION, NOTES & CERTIFICATION) Date 10/19/12 Cad. No. 121 0 6 7 Scale NOT TO SCALE Ref. Dwg. 2011-011 A Plotted: 10/19/12 6:35a FORTIN, LEAVY, SKILES, INC. Job. No. 121067 CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICA'l'E OF AUTHORIZATION NUMBER: 00003653 I)vrg, No. 1 012-063 lSO Northeast 168th. Street /North Mia.nti Beach. Florida. 33162 ... Phone.: 30;"' 653-4493/Fax. 30:5-651~7152/Em.ail fla@:fls!lurvey.com 515 Sheet 1 o/ 3 B LOT4 I I I IL I I J l I r I I J L 0 I cl I K COMMSRl1AL SUBDIVISION OF THE ALTON BjEACH REALTY COMPANY PLATIBOOK 6 PAGE 5 LOTS -I :I l I I J -il PO NT OF--- ·. BEG INNING l . S.W. CORNER Of LOT 6 . LOT6 FORTIN, LEAVY; SKILES, INC. DRAWING #20 11-011 A N00°00'49"E tH)O' GRAPHIC SCALE 15 t 30 .. I ( IN FEET ) 1 inch = 30 ft. :ltRUNE Of] WNCOLN ROAD 60 J LINCOLN ROAD {LINCOLN MALL ROAD) (100' WIDE PUBLIC RIGHT OF WAY) (NO VEHICLE ACCESS) (PEDESTRIAN WALWAY) EXHIBIT "A" 35.00' RIGHT OF IVAY PLAT BOOK 6 PAGE 5 ~-::·n~ra:--wn~By~_M_A_P ---~· .._( ___ S_'KJ_E_TC_H_O~F_D_E_S_C_R_IP_T._t_O_N __ ,.---l] ·nate 10/19 12 Cad. No. 121 067 Scale 1 "=30' Ref. I>Wg. 2011-011A Plotted: 10/19/12 8:35o FORTIN, LEAVY, SKILES, INC. Job. No. 121067 CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLO IUD A CERTIFICATE OF AUTHOR17..ATION NUMBER: 00003653 ll· No. 1 012-063 180 Northeast 16Sth. Street I North Miam.i Beach, l"lorida. 33162 Phone: 305-653-4493 I Fax 305-651-7152/ Email fls@flssurvey.com. Sheet 2 O/ 3 516 J LINCOLN ROAD l .! l ! ! ! I l I I 12 1 ,, 1 10 1 g 1 a 1 7 1 l ,I I I I l J I I 13~~-. 6 r--~· A? -~-- 14 ,,. . 5 f--.,.,. __ ,..._-.,.._.. ,.- : 1s I . _ 4 _ ~-~-_....,_...._.~ 1a 1 3 r ....--.· -~~·....., ~. ~ rr 2 r-----1.--·~- 18 I ; SIXTEENTH EXHIBIT "A" . I l .I I I' I I I I l 12 I 11 I. 10 1 9 1 s 1 7 I I I I 1 I I I I I ~-~~. 4·8. +-" t---~X--..... -15 ,, 4 r-" --' ......., ~ .;--.< ·--.,__;. ~ 16 l ~ f-...... ,;--~-2..,.... _.., f--.'--,-!~.--- 16 i l; ,. ' STREET t ·l J 12 l 11 110 l I I I I I I 13 l r-----i 14 r~_,-l 1s I ;-"·"'-............. 16 ! ·f-~7~ '-"l r--~--i 1a I 1-br_a_wn~By_..,.;,;M~AP...,..._-! ( LOCATION SKETCH ) Date _10/19/12 Cad, No. 121 067 ~=::::::::::::::::::=::::::::~::::::::::::::~-~aale NOT TO SCALE 1-::R"""el"""",-=vw:-g-.---.......-t FORTIN, LEAVY, SKILES, INC. ~ob. No. 121067 2011-011 A CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 Dwg, No. 1012-063 · Plotted: 10/19/12 8iJ5o 180 Northeast I 68th. Street /North Miarni Beach, Florida. 33162 Pho.ne: 305-653-4493 I Fax 305-651-7152/Emailfls@:flas=vey.eom ~heet 3 of 3 517 Attachment B 8C:RCOW RADELL & FERNANDEZ ZONING. LAND USE AND ENVIRONMENTAL LAVV VIA HAND .. DELIVERY September 10, 2012 Fred Beckmann, Director Public Works Department City of Miami Beach DIRECT UNe: {305) 377-6238 E-Mail: mmarrero@bp;oning!aw.com 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 Re: Revocable Permit Application in Connection with the Property Located at .1001 Linco.ln Roact-Letter of Intent Dear Mr. Beckmann; This law firm represents Ungar-Marshall Company("' Applicant"), the owner of 1001 Lincoln Road (Property"). See Exhibit A (Survey). Please consider thls letter the Applicant's required letter of intent in conjunction with a revocable permit application concerning the projection of an architectural element, an eyebrow, over the rights-of~ way of the City of Miami Beach ("City"). See Exhibit B (Sketch and Legal Description of Area of Encroachments). ;Q_escri}2lion of the Pl'Q}2em andBttttot111ding ktea. The Property is zoned CD-3 (Commercial; High Intensity) 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. In June of 2012, the Historic Preservation Board granted a Certificate of Appropriateness for demolition of the existing structure and design of a new retail structure. The form an.d the articulation of the new building seek to recall elements of the Robert L. Weed design. The new retail structure is designed as a glass volume, with large expanses of light limestone, under11eath a floating roo£ canopy. The palette of ma.tcrinls bring together modern finishes and technologies with materials that are reminiscent of those that have always formed a part of the language of Lincoln Road, such as bronzed metals and light limestone. WACHOVlA FINANCIAL CENTeR • "'00 SOUlH BISCAYNE OOU\.EVARD, SUITE 650 • M!AMI, FlORIDA SS131 PHONE, 30!i.374.5SOO • FAX. S05.ST1.62~2 • WWW,BRZONINGLAW.COM 518 Fred Beckmann, Director September 10,2012 Page 2 of 4 A sizable portion of the stucco parapet that ran along the Lincoln Road faGade, sweeping in a wide curve to Michigan Avenue, to end a short distance beyond, is reinterpreted as a stone feature, following the location and scale of the original parapet, but now also serving as a focus for the storefront display. A new eyebww is also situated to recall the height and position of the original eyebrow, but rather than being in painted stucco, the eyebrow is 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 memory of what was there. Encroachments on Rights·of-Way. As approved, the Project contains an eyebrow that minima!ly projects over the sidewalk fronting Lincoln and Michigan A VE'..nues. The City of Miami Beach owns these sidewalk areas. Therefore, the projection encroaches into the airspace above the City's rights·of-way. A fixed horizontal eyebrow is located on the south and east facedes of the property and is curved to follow the property line. It is located over 10 feet above the sidewalk. As a result, the location of the eyebrow represents no impediment to the follow of pedestrians. The eyebrow encompasses a total area of 1,500 square feet into the ROW. The architectural element will be a critically important feature of the storefront and will help reintroduce the historic portion of Robert L. Weed's design. Satisfaction of the Revocable Permit Criteria. The Applicant sa·tisfies the criteria for granting a revocable permit listed in the following subsections of the City of Miami Beach Code rcode") Section 82·94. (1) Applicant's Need Is Substantial. The Applicant's need for the permit is substantial. The location of the proposed building, which will not be set back from the property line, leaves no room for architectural elements that define the historic background of the area. Further, in permitting the demolition of the historic Community Theatre building, the HPB required historic expression of its architecture. The new eyebrow will reintroduce one of the primary elements of the historic portion of the building to be demolished, helping to preserve memory of Robert L. Vveed' s design. (2) Applicant Holds Title to an Abutting Property. The Applicant holds title to the Property lut.::i:J.teJ at 1001 Llitcoln Road. (3) Proposed Improvements Comply with Regulations. 8E.RCOW RADELL& FERNANDEZ ZONING, LAND USI'i! AND E'iNVII"'ONMENTAI... LAW 519 Fred Beckmann, Director September 10, 2012 Page3 oi4 The Applicant will obtain any required building permits for the encroachments. (4) Grant of Application Will Have No Adverse Effect on Goverrunenta.V Utility Easements. The narrow eyebrow will not impact any governmental or utility easements as it is elevated over 10 feet above ground level. (5) Alternatively: (a) Unnecessary Hardship Exists Depriving Applicant of Reasonab]e Use of the Land Arising out of Special Circumstances, ot (b) Grant of Permit Will Enhance Neighborhood. The Proposed design from Touzet Studio was a subject of much discussion between the neighbors, City Officials, Planning Staff, and Miami Design Preservation League. The architectural elements of the proposed landmark GAP store were carefully revised and approved to certainly enhance the Flamingo Park Historic District and the neighborhood. (6) Granting Permit Does Not Confer Special Privileges. Any property owner, especially one with a building placed at zero lot lines may request a revocable permit for use of the adjacent rights-of-way. Therefore, granting the permit will not confer any special privilege on the Applicant that would otherwise be denied to others similarly situated in the same zoning district. (7) Granting Permit Will Be In Harmony With Code and Not Injurious to Surroundfng Properties. As stated above, the permanent architectural element satisfies all the Code requirements. The eyebrow does not project significantly into the right-of-way and will not impede pedestrian access. Also, it does not project into the surrounding private properties. For these reasons, granting the permit will achieve harmony with the Code, not be injurious to surrounding properties and will not in any way be detrimental to the public welfare. Summary. To address the hardship caused by the location of proposed building and to satisfy the requirements of the HPB approval, the Applicant has proposed modest encroachments over the City's right-ofwway. The request is in harmony with the intent and purpose of the Code, and will not be injurious to the area involved or otherwise detrimental to the public welfare. Moreover, the encroaching architectural element will help preserve and define the historic background of the area. BC:RCOW RADE.LL&FERNANOEZ :.O::ONING, 1-ANO USE ANO EtNVIRONMeNT'Al.. l-AW 520 Fred Beckmann, Director September 10, 2012 Page 4 of 4 Based on all the above reasons, the Applicant respectfully requests your favorable review a.nd 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 ~ONIN'3, I.ANO USE AND li!NVIRC>NME;N"TAL I..AW 521 CITY OF MIAMI BEACH APPLICATION FOR REVOCABLE PERMIT Attachment C FILE NO:---------..~ DATE:.~----.,_,_--- I. NAME OF APPLICANT: t!l)g,ar:~Marshal\ .C~o~m~pa~n;,!.,.y ____ ,·"'"'·· .. ,....._..,-----'--'--__.;. ............ _ ............. 2. APPLICANT'S ADDRESS: ~3 Micbigart6,venue, Miami~efle1l, FLJJ13!} 3. APPLICANT'S BUSINESS TELEPHONE: cLoMickrof Marrero, 30:5.3,77.6238 RESIDENCE TELEPHONE·. """'N"""/ {\,.. -~-· ----------~..-:---____..... 4. ADDRESS AND LEGAL DESCRIPTION OF SUBJECT CITY PROPERTY: See Exhibit A. 5. ADDRESS AND LEGAL DESCRIPTION OF APPLICANT'S PROPERTY ABUITING SUBJECT CITY PROPERTY: 523 Michigan Avenue. ·~eeJ~x[libit B'(Surve:y;) •. 6. HAS A PUBLIC HEARING BEEN HELD PREVIOUSLY REGARDING TH1S REQUEST? YES __ NO.Jl.IF SO, WHEN:. _________________ _ FILE NO. OF PREVIOUS REQUEST:___,~_..._....__._ ______ ~__,_ 7. BRIEFLY STATE REQUEST EXPLAINING THE REASON/NEED FOR THE REVOCABLE PERMI'f: f.\ppl~a,rtt ~eg41e:Sts 1kt~vocable:permit to pen11it a proposed bujJ_dingto contajn an :atchitee~ural ~lement in th~ form of"an <e~brOWs '\'Vhlch m'6lect~.Jtver !he ,~id~\\'f;lk frori~ing 'Lincoln Rpad and 'Michi~an Ave .. The :eyebrQ\'7 is one of~. requrr,eq element~ ,tm,tt were esseJltfal to the HistOci<} F.res~rvation:ligard wpr6val:-See Lettex:.ofig~ent for mo;re 4eta:ilL 8. DOES THE REQUEST INVOLVE THE PLACEMc'NT OF OBJECTS OR STRUCTURES ON THE SUBJECT PROPERTY? YES _ NO _1L_ IF SO, BRIEFLY DESCRIBE THE OBJECTS/STRUCTURES: ,-. ....,.,._.---~- 9. NAMEOFCONTRACTOR:AJp~u~*~et~S~m~d~i~o--------~~------~------- ADDRESS: 4565 Ponce de Lec:g Blvd., Suite 201, Coral Ga'Oles . BUSINESS TELEPHONE: __ :M'£3~.~~)L!:ZS<..£.c2""""'Z8u.ZI:f.-O -~-~---"""'----....., 522 SEE THE ATTACHED LIST FOR ITEMS TO BE SUBMITTED WITH THIS APPLICATION (SECTION 82~92, ITEMS 1 THROUGH 9). NO WORK SHOULD BE PERFORMED IN THE SUBJECT CITY PROPERTY UNTIL A REVOCABLE PERMIT APPROVED BY THE CITY COMMISSION IS OBTAINED. IT IS THE RESPONSIBILYfY OF THE OWNER AND/OR THE CONTRACTOR TO OBTAIN THE REQUIRED PERMITS AND INSPECTIONS FOR ALL WORK ON TilE SUBJECT CITY PROPERTY. ALL WORK MUST COMPLY WITH THE APPLICABLE CODES AND ORDINANCES. ALL DATA SUBMITTED IN CONNECTION WITH TliiS APPLICATION BECOMES A PERMANENT PART OF THE PUBLIC RECORDS OF THE PUBLIC WORKS DEPARTMENT OF THE CITY. 523 FILE NO.--.._,.---~- THE SUBJECT PROPERTY IS AT THE FOLLOWlNG STREET ADDRESS: 1001 Lincoln Road, MIAMI BEACH, Fl. INSTRUCTIONS: COMPLETE OWNER AFFIDAVIT OR CORPORATION AFFIDAVIT, AS APPLICABLE, ALSO, IF YOU ARE GIVING POWER OF A TIORNEY TO AN INDIVIDUAL TO REPRESENT YOU ON THIS REQUEST, COMPLETE THE LAST AFFIDAVIT, OWNER AEFID8 V[ I, N/A . , being first duly swom, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing: that aU 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. Nlf.i Sworn to and subscribed to before me this day of • 20 __ . CORPORATION/PARTNERSHIP AFFIDAVI1: f,. Jona , belnst duly $wqrn, ct~po9~ $11d $G!Y that 'I am the .. Vi . n at-: 90.tm~an~ ~IT<! a.s.~.uch,Jlav~ be~ri authci:it~d ~¥tb$ eorp<?raU~nJQ m~ .. ··· ...... . rw pu. l . . . ' thataR anSWf?!'S Wlheque:s(lOfl$ in ~q,applloatfQJ1 and all Si;!pplemental dat;;t ~ttacf,ei:J t<t (,!net mad~: a p$ct Qf, tlljt? ~ppllc$tlqa ar~<non¢st and true to fhe b~.st-Q(OJJr kl19wleJ;tg:e an~ beli~f; .tha.t S<i!ld eorpot~tlon ·1s 'the 6Wn~r of the property q!;}~cr'ibed h.erein an4 which Is .the s ·· ~ect matfer of the proposed heaiing. · · OWNER/POWER OF ATTORNEY AFFIDAVIT I, Jonathan Fryd • , being duly sworn, depose and say that I am the Vice Presldent of Ungar-Marshall Compan)!.. which is the owner of the described real property and that f am aware of the nature and effect of the request for this revocable permit, relative to rny property, which Is hereby made by me or I am hereby authorized Mfc.l.1a:el W.. I,.al'klh, Es ."1 Mlcha J, Marrero Es · . to. b · my fegal representatives before the City Commission .. Sworn to and subscribed to before me this I \ day of Sz:.pt , 20JZ._. Commiss1on Expires:-----------: 524 Attachment D ' .. ~~ . 525 526 C1~ t~ {',; .0 :f! " 4.1~ N ,. '" z ~~ 2 u ':) " 'i'! j-g ~ "' ' 0 ~o !w;. p I"' " ~. 1"8 § f ;.§ ~ '· I ~· ~~ io IS " 1 I .... .. '':" 0 :r.· I :r .~ > 527 528 ('.1 .... I ~ 1-7 ; .....,/ "'/ ... !-,.., ~ t.') l) v; :::}; 't u: ~ :w ·'l:li _'Of: ~ i"if{ 7ft :ii :<.IF: ~ ~ ·~ :;t ~ ~ ~ .~ ·~"~·-~,_. __ _,_ .. _.,.._ .. _., ____ v__.~.......,fil~lt~:i~£:;=:;,: RESOLUTION NO.---- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT TO UNGAR- MARSHALL COMPANY (APPLICANT), AS THE OWNER OF THE RETAIL PROPERTY LOCATED AT 1100 LINCOLN ROAD (THE GAP STORE), FOLLOWING A DULY NOTICED PUBLIC HEARING, TO ALLOW FOR THE PLACEMENT AND MAINTENANCE BY APPLICANT OF THE FOLLOWING ENCROACHMENTS INTO THE PUBLIC RIGHTS OF WAY ADJACENT TO THE PROPERTY: 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') 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 a 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 submitted an application to the Public Works Department requesting a Revocable Permit for the canopy and eyebrow; and WHEREAS, at its April 17, 2013 meeting, and as required in Section 82-93 of the City Code, the City Commission approved Resolution No. 2013-28177 setting a public hearing to consider Applicant's request; and 529 WHEREAS, the Public Works Department has reviewed Applicant's completed application, and finds that it meets the criteria established for granting a Revocable Permit, pursuant to Section 82-94 of the City Code. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, following a duly noticed public hearing on April 17, 2013, hereby, grant a Revocable Permit to Ungar- Marshall Company (Applicant), as the owner of the retail property located at 1100 Lincoln Road (the Gap Store), to allow for the placement and maintenance by Applicant of the following encroachments into the public rights of way adjacent to the property: 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') above the sidewalk. PASSED and ADOPTED this gth day of May, 2013. ATTEST: Matti Herrera Bower, Mayor Rafael Granado, City Clerk T:\AGENDA\2013\May 8\1001 Lincoln Road Revocable Permit-Reso.docx 530 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION A~~ v 1J Date tv\ lA~/\! BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given ti1at public hearmgs will be haiti by the Mayor and Cfty Commission of the City of Miami Beach, Florida, in the Commission Charnilers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, May B, 2013 to consider the following: 11:15 a.m. A Resolution Granting A Revocable Permit To The Ungar-Marshall Company Retail Project iGAP Store) Located At 1001 Lincoln Road Miami Beach Florida, To Permrt A Proposed Metal Canopy That Projects Over The l'ublic Right-Ot-Way, With Horizontal Dimensions Not To Exceed Five Feet Eleven Inches (5' -11 ") Along Michigan Avenue And Six Feet (6') Along Lincoln Road Mall At Ten Feet four lnclles (10'-4") Above The Sidewalk And A Proposed Concrete Eyebrow That Projects Over The Public Right-Of-Way, With liorizMtal Dimensions NotTo Exceed 6 Feet (6') Along lincoln Road And Michigan Avenue At A Height Of Approximately 30 Feet (30') Above The Sidewalk. Inquiries may be directerl to the Public Works Department at (305} 673,7080. 11:30 a.m. A Resoliltion Adopting k•rl Appropriating Tile Third Amendment To Tile Police Gonll!>Cil tion '!hlst Budget For Fiscal Year 2012i2013 In The Amount Of $95,000, To Be Funded From The Proceeds Of State Confiscated Funds In The Amount Of $95,000, For The Appropriation And Expenditure Of Those Items Set Fortll In Exhibit 'A," Which Shall Be Funded Through The Pollee Confiscation Tmst Fund. Inquiries may be direc\ed to tha Police Department at (305) 673-7925. !NTtRESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Dnve, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these items are available !or public inspection during normal business hours in the Cfty Clerk's Offlce, 1700 Convention Center Drive, 1st Floor, City Hall, M!aml Beach, Florida 33139. This meeting may be continued, and under such circumstances additional legal notice will not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuantto Section 286.0105, Ra Stat., the City hereby advises the public that K a person decides to appeal any decision made by the Cfty Commission with respect to any matter considered at its mooting or tts hearing, such person must ensure that a verbatim record of the proceedings b 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 it authorize challenges or appeals not ot11erwise allowed by law. To request this material in accessible format, sign language interpreters, information on access tor persons w«h disabilities and/or anyaccommoda1io'! to review any document or participate m any uty-sponsorea proCPAdlng, please contact us live days in advanc!' at (305) B73-7411(voice) or TIY users may also call tha Florida Relay Service at 711. Adll775 531 THIS PAGE INTENTIONALLY LEFT BLANK 532 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Adopting and Appropriating the Third Amendment to the Police Confiscation Trust Fund Budget for Fiscal Year 2012/13 in the amount of $95,000, to be funded from the proceeds of State Confiscated Funds. Key Intended Outcome Supported: Maintain crime rates at or below national trends Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community Satisfaction Survey results, 47% of residents chose "increasing police visibility in neighborhoods" as the second most popular method for improving public safety. One of the three key drivers that impact how residents rate quality of life in the City of Miami Beach is ratings for safety. The license plate readers will enhance public safety by deterring crime. Item Summary/Recommendation: Florida Statute 932.7055 provides for expenditures of forfeiture funds for law enforcement purposes. The Miami Beach Chief of Police, Raymond Martinez, has reviewed and identified the need for the appropriation of $95,000 and has established that the expenditures of forfeiture funds are in compliance with Section 932.7055, Florida State Statutes and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies. Building upon the success of the mobile license plate readers, the MBPD is exploring options for the installation of fixed license plate reader at all major roadways that lead to the City of Miami Beach. The first location to be pursued is the Venetian Causeway. The Venetian Homeowner Association is in full support of the fixed license plate readers. These license plate readers would be able to read motor vehicle tags on a 24 hour/7 day a week basis. The tag information would be compared to a data base of messages that would range from vehicles or drivers involved in felonies to traffic related offenses In addition, as part of the Venetian Causeway security and safety enhancement, residents have recommended the installation of a surveillance camera system on the Venetian Causeway drawbridge to monitor bridge openings and closings. The system would be linked to the Public Safety Communications Unit (PSCU) facility with monitoring capability. The proposed funding addresses the funding needed for this surveillance camera. However, currently, a protocol is in place to facilitate timely responses to emergency calls for service. This protocol dictates a specific course of action when there is an emergency on the west side of the Venetian Causeway, and there is a need for either Miami Beach Fire or Police to respond. During emergency calls, either the concerned dispatcher or call taker notifies the Venetian Causeway drawbridge tender, and advises them to ensure the bridge is kept down. As a result, the Administration recommends that the cameras on the drawbridge not be pursued. Advisory Board Recommendation: --------------· [N/A -----·- Financial Information: Source of Amount Account Funds: 1 Confiscation Funds: 2 $95,000 607-8000-351210 ,. 3 4 OBPI Total $95,000 Financial Impact Summary: -C1ty Clerk's Off1ce Legislative Tracking: ~auvett Rattigan, Miami Beach Police Department Si n-Offs: Department Director MIAMI BEACH 533 anager Federal-Justice funds -- - AGENDA 'TEM _..:....R-=-1~C... DATE 5-~-/3 lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov N MEMORANDUM TO: Mayor Matti Herrera Bower and Me DATE: May 8, 2013 SUBJECT: PUBLIC HEARING A RESOLUTION OF THE M YOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING THE THIRD AMENDMENT TO THE POLICE CONFISCATION TRUST BUDGET FOR FISCAL YEAR 2012/2013 IN THE AMOUNT OF $95,000, TO BE FUNDED FROM THE PROCEEDS OF STATE CONFISCATED FUNDS IN THE AMOUNT OF $95,000, FOR THE APPROPRIATION AND EXPENDITURE OF LICENSE PLATE READERS AND CAMERA FOR THE VENETIAN DRAW BRIDGE WHICH SHALL BE FUNDED THROUGH THE POLICE CONFISCATION TRUST FUND. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Florida Statute 932.7055 provides for expenditures of forfeiture funds for law enforcement purposes. The Miami Beach Chief of Police, Raymond Martinez, has reviewed and identified the need for the appropriation of $95,000 and has established that the expenditures of forfeiture funds are in compliance with Section 932.7055, Florida State Statutes and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies. These forfeiture funds have been deposited in the Police Confiscation Trust Fund. The City has complied with all statutory procedures involved in the transaction of these funds. The $95,000 will be the funding source to purchase a new fixed multi-camera license plate reader system at a cost of $85,000 and a conventional surveillance camera system at a cost of $10,000 to be mounted on Venetian Causeway structures and drawbridge. In December 2012, the Miami Beach Police Department (MBPD) implemented five mobile license plate readers that have proved to be successful crime fighting toul:s. These license plate readers have assisted police officers in affecting several arrests, recovery of stolen property and solving crimes. During special events, proactive crime prevention initiatives, the mobile license plate readers have been especially effective in assisting the officers in identifying subjects involved in crime and violations of State traffic laws. 534 Building upon the success of the mobile license plate readers, the MBPD is exploring options for the installation of fixed license plate readers at all major roadways that lead to the City of Miami Beach. The first location to be pursued is the Venetian Causeway. The Venetian Causeway is one of the major east west roadways to the City and a well- traveled route for the criminal element to prey upon the residents, business owners and visitors. In an effort to seek feedback from residents regarding the application of fixed license plate readers on the Venetian Causeway, this matter was discussed with local homeowner associations. The Venetian Homeowner Association is in full support of the fixed license plate readers. To ensure full coverage on the east and west end of the Venetian Causeway, MBPD recommends the installation of multi-camera license plate reader system in order to enhance the department's capability to deter crime. These license plate readers would be able to read motor vehicle tags on a 24 hour/7 day a week basis. The tag information would be compared to a data base of messages that would range from vehicles or drivers involved in felonies to traffic related offenses. The alert messages correspond to various crimes to include stolen tags, stolen vehicles, or where vehicles and or persons have been linked to a crime. The alert messages are based on the National Crime Information Center (NCIC), Florida Crime Information Center (FCIC), Dade County Criminal Information Center (DCCIC) databases, as well as active information provided by investigative and patrol personnel. Once the concerned vehicles are identified and located immediate enforcement actions can be taken In addition, as part of the Venetian Causeway security and safety enhancement, residents have recommended the installation of a surveillance camera system on the Venetian Causeway drawbridge to monitor bridge openings and closings. The system would be linked to the Public Safety Communications Unit (PSCU) facility with monitoring capability. The proposed funding addresses the funding needed for this surveillance camera. However, currently, a protocol is in place to facilitate timely responses to emergency calls for service. This protocol dictates a specific course of action when there is an emergency on the west side of the Venetian Causeway, and there is a need for either Miami Beach Fire or Police to respond. During emergency calls, either the concerned dispatcher or call taker notifies the Venetian Causeway drawbridge tender, and advises them to ensure the bridge is kept down. As a result, the Administration recommends that the cameras on the drawbridge not be pursued. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Thifd Amendment to the Operating Budget for the Police Confiscation Trust Fund for Fiscal Year 2012/13, in the amount of $95,000 to be funded from the proceeds of State Confiscation Funds, and authorize the expenditures as approved by the South Florida Asset Sharing Fund. JLM/~/~ffJ./:dMR 535 CERTIFICATION I, Raymond Martinez, Chief of Police, City of Miami Beach, do hereby certify that the aforementioned proposed request for expenditures from the City of Miami Beach Police Confiscation Trust Fund, for the 2012/2013 fiscal year providing funds for expenditures, complies with the provisions of Section 932. 7055(4)(a), Florida Statutes, and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies. ~ a 3?---·---·--..... Raymond Martinez, Chief of Police Miami Beach Police Department Date 536 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING THE THIRD AMENDMENT TO THE POLICE CONFISCATION TRUST BUDGET FOR FISCAL YEAR 2012/2013 IN THE AMOUNT OF $95,000, TO BE FUNDED FROM THE STATE CONFISCATED FUNDS. WHEREAS, Section 932.7055 of the Florida Statutes, sets forth the purpose and procedures to be utilized for the appropriation and expenditures of the Police Confiscation Trust Fund; and WHEREAS, the proceeds and interest earned from the Police Confiscation Trust Fund is authorized to be used for crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes; and WHEREAS, the Chief of Police is authorized to expend these funds upon request to the City of Miami Beach Commission, and only upon appropriation to the Miami Beach Pollee Department by the City of Miami Beach Commission; and WHEREAS, this appropriation and expenditure shall be used to purchase license plate readers, and for the installation of a camera on the Venetian Causeway bridge; and WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written certification which states that this request complies with the provisions of Section 932.7055 of the Florida Statutes (written certification attached as Exhibit A), and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies; and WHEREAS, funds in the amount of $95,000 are available in the Police Confiscation Trust Fund. STATE- FEDERAL- TOTAL- CURRENT BUDGET $ 1,029,300 $ 312,800 $1,342,100 INCREASE $ 95,000 $ __ _ $ 95,000 AMENDED BUDGET $1 '124,300 $ 312,800 $1,437,100 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, adopting and appropriating the Third Amendment to the Police Confiscation Trust Fund budget for fiscal year 2012/2013 in the amount of $95,000, to be funded from the proceeds of State confiscated funds for the appropriation and expenditure of those items, which shall be funded through the Police Confiscation Trust Fund. PASSED and ADOPTED this ___ day of May, 2013. ATTEST BY: RALPH E. GRANADO, CITY CLERK 537 MIAMi BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public hearings Will be held tly the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamb(Jrs, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beacn Florida, on Wednesday, May 8, 2013 to consider the following: 11:15 a.m. A Rerolution Granting A Revocable Permit To The Ungar-Marshall Company Retail Project I GAP Store) Located At 1001 lincoln Road Miami Beach Florkla, To Permit A Proposed Metal Canopy That Projects Over The Public Right-Of-Way, Wiih Horizontal Dimensions Not To Exco,ed Five Feet Eleven Inches (5' -11 ") Along Michigan Avenue And Six Feet (6') Along Lincoln Road Mall At Ten feet Four lnciles (1 0' -4") Above The Sidewalk And A Proposed Concrete fyotxow That Projects Over The Public Right -Of -way, With Horizontal Dimensions Not To Exceed 6 Feet (6') Along Lincoln Road And Michigan Avenue AI A Height Of Approximately 30 Feet (30') Above The Sidewalk. Inquiries may be directed to the Public Works Department at (305) 673-7080. 11:30 a.m. A Resolution Adopting And Appropriating The Third Amendment To The Police Confisenlion Trust Budget For Fiscal Vear 2012/2013 In The Amount Of S95,000, To Be funded From The Proceeds Of State Confiscated Funds In The Amount Of $95,000, For The Appropriation And Expenditure Of Tnosc Items Set Forth In Exl1ibi: A,' Which Shall Be Funded Through The Police Confiscation Tiust Fund. Inquiries may be directed to the Police Department at (305) 673-7925. INTERfSTED PARTIES are invited to appear at this meeting, or be represented by an agem, or to express their views In writing addressed to the City Commission, c/o tile City Clerk, 1700 Convention Genter Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of tnese items are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued, and under such circumstances additional legal notice will not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 286JJ1 05, Fla. Stat .. the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such porson must ensure that a verbatim record of me pmceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice floes not consti1uto consent by the Cny for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges Oi' appeals not otherwise allowed by law. To request this malarial in accessible format, sign language Interpreters, information on access for persons with disabilities and/or any accommodation to review anv document or participate in any City-sponsored proceeding, !)lease contact us five days in advance at (305) 6737411(VGice) or TIY users may also call the Florida Relay Service at 711. Ad#n5 538 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Waiving, By 517m Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Approving The Purchase Of One (1) Pierce Custom Pumper Fire Engine From Pierce Manufacturing, Inc., In The Amount Of $720,1 06.90; From Contract No. 11-10-1202, With The Florida Sheriffs Association. Key Intended Outcome Supported: Increase community satisfaction with City government. Supporting Data (Surveys, Environmental Scan, etc.): 97% of residents and 95% of business rated Fire services as excellent or good. 96% of residents and 93% of business rated EMR as excellent or good. The Pierce Custom Pumper replaces a 1989 Young Fire Engine that was placed into service in 1990, and is no longer cost-effective to maintain and operate. Life-to-date maintenance and repair expenses of $199,260 represent approximately 80% of the original cost of the unit to be replaced. Furthermore, the Young Fire Engine is three years past its recommended reserve service time of 15 years front line and 5 years reserve, and does not meet current National Fire Protection Association standards. Item Summary/Recommendation: Upon approval of funds, the City has historically pursued the purchase of Fire Rescue vehicles through a competitively awarded contract by the Florida Sheriffs Association (FSA). The FSA competitively awards a Fire Rescue Vehicles contract yearly, based on requirements of public safety agencies state-wide. FSA staff is dedicated to developing specifications, aggregating volume from agencies across the state, competitively soliciting awards, and managing contracts used by most public agencies for the purchase of vehicles. The FSA program was also established in conjunction with the Florida Fire Chiefs Association (FFCA) and base model specifications are developed by a team of fire service professionals selected by the FFCA. This team develops minimum specifications, quality standards, and service requirements that all bidders must meet. Once the bids are submitted, the team reviews all bid packages and posts a recommended award based upon competitive prices and qualifications. Unlike the FSA, the City does not have the internal expertise, staffing resources or buying power of this agency. Nonetheless, through the use of Contract 11-10-1202 for the approved Fiscal Year 2012/13 budgeted replacement of a fire engine, the City benefits from the expertise and staff resources of the FSA and their leveraged buying power resulting in cost-effective vehicle purchases. Contract 11-10-1202 was originally effective from January 1, 2012, through December 31, 2012. However, on October 30, 2012, the FSA extended the Contract for an additional12-month period, through December 31, 2013; allowing a three percent (3%) increase in price of both the base vehicle and options, as permitted under the Contract. The increase was effective immediately, due to the increase in chassis prices. Pierce Manufacturing Inc. is offering the City the original pricing level of $720,106.90, for the Pierce Custom Pumper Fire Engine without the 3% increase. This represents a savings of $21 ,603.21. THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND CITY COMMISSION APPROVE THE PURCHASE THROUGH THE REFERENCED FSA CONTRACT. Advisory Board Recommendation: I n/a Financial Information: Source¢" Amount FundS:\ J 1 $720,106.90 I \ \ / OSPI\X Total $720,106.90 /\\ Financial Impact Summary: Cit Clerk's Office Le islative Trackin MfAMIBEACH Account Fleet Management FY 2012/13 Account No. 510-6173-000673 539 ··--- JLM AGENDA tTEM __._8.:.._'/~D~ DATE $"..-g-Jj MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.rniamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and M mbers of~ Commission Jimmy L. Morales, City Manager ....ll---~ - DATE: May 8, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING THE PURCHASE OF ONE (1) PIERCE CUSTOM PUMPER FIRE ENGINE FROM PIERCE MANUFACTURING, INC., IN THE AMOUNT OF $720,106.90; FROM CONTRACT NO. 11-10-1202, WITH THE FLORIDA SHERIFFS ASSOCIATION. ADMINISTRATION RECOMMENDATION Approve the purchase. FUNDING Fleet Management Fund, previously appropriated in the FY 2012/13 Capital Budget (Account No. 51 0-6173-000673): $720,106.90 BACKGROUND AND ANALYSIS The Fleet Management Division ("Fleet Management") provides vehicles and equipment for all City of Miami Beach Departments and divisions. In coordination with the various departments, Fleet Management develops a list of replacement vehicles and equipment which is submitted to the Commission for funding during the City's budget process each fiscal year. Replacement considerations are based on a combination of factors that include age, condition, maintenance/repair/collision expenses and operating environment. The list of replacement vehicles and equipment as well as any new vehicles and equipment submitted by a department as part of a service level enhancement initiative, are subject to approval by the City Commission during the annual budget process. Upon approval of funds, the City has historically pursued the purchase of Fire Rescue vehicles through a competitively awarded contract by the Florida Sheriffs Association (FSA). The FSA competitively awards a Fire Rescue Vehicles contract yearly, based on the requirements of public safety agencies state-wide, for use by agencies and political subdivisions in the State. The FSA, founded in 1893 to promote effective law enforcement and public safety programs, is one of the largest law orcement associations in the nation. The FSA has staff dedicated to the complex tasks of developing specifications, aggregating volume from agencies across the state, competitively soliciting awards, and managing contracts used by most public agencies in the State for the purchase of vehicles. The FSA 540 Commission Memorandum -Fire Engine April 17, 2013 Page 2 program was also established in conjunction with the Florida Fire Chiefs Association (FFCA) and base model specifications are developed by a team of fire service professionals selected by the FFCA. This team develops minimum specifications, quality standards, and service requirements that all bidders must meet. Once the bids are submitted, the team reviews all bid packages and posts a recommended award based upon competitive prices and qualifications. Unlike the FSA, the City does not have the internal expertise, staffing resources or buying power of this agency. Nonetheless, through the use of Contract 11-10- 1202 for the approved Fiscal Year 2012/13 budgeted replacement of a fire engine, the City benefits from the expertise, staff resources, and their leveraged buying power of the FSA, resulting in cost-effective vehicle purchases. Contract 11-1 0-1202 was originally effective from January 1, 2012, through December 31, 2012. However, on October 30, 2012, the FSA extended the Contract for an additional 12- month period, through December 31, 2013; allowing a three percent (3%) increase in price of both the base vehicle and options, as permitted under the Contract. The increase was effective immediately, due to the increase in chassis prices. Pierce Manufacturing Inc. is offering the City the original pricing level of $720,106.90, for the Pierce Custom Pumper Fire Engine without the 3% increase. This represents a savings of $21,603.21. The Pierce Custom Pumper replaces a 1989 Young Fire Engine that was placed into service in 1990, and is no longer cost-effective to maintain and operate. Life-to-date maintenance and repair expenses of $199,260 represent approximately 80% of the original cost of the unit to be replaced. Maintenance and repair expenses for the fire engine to be replaced (#0001- 9), for 2011 and 2012, total $12,686 and $7,282, respectively. Furthermore, the Young Fire Engine is three years past its recommended reserve service time of 15 years front line and 5 years reserve, and does not meet current National Fire Protection Association standards. The new Fire Engine will be placed as the frontline Fire Engine and the oldest unit, presently serving as one of the frontline Fire Engines, shall be placed in reserve status. The replacement Fire Engine is being purchased from the same manufacturer as the previous engines to promote consistency in the fleet and standardize operations. This uniformity shortens response and training times on the vehicles, for both operators and maintenance personnel, and also reduces the need to maintain additional parts in inventory from different manufacturers. First year preventive maintenance expenses for the new engine are estimated at $3,700. Following is a partial list of State of Florida municipalities and counties utilizing the FSA contract for the purchase of Pierce fire~fighting equipment: • City of Coral Gables • City of Coral Springs • City of Deltona • City of Delray Beach • City of Greenacres • City of Hallandale • City of High Springs • City of Hollywood • City of Miami • City of Melbourne • City of Palm Beach Gardens • City of Panama City Beach • City of Pensacola 541 Commission Memorandum -Fire Engine Apri/17, 2013 Page3 • City of Pompano Beach • City of Port Orange • City of Seminole • Town of Palm Beach • Broward County • Clay County • Hardee County • Hernando County • Indian River County • Manatee County • Martin County • Suwanee County • Nassau County • Polk County • St. Lucie County Pursuant to Section 2-369 of the Miami Beach City Code, purchases from State contracts may be approved by the City Manager. However, as the FSA is not named in the City code as an agency from whose contracts piggyback purchases may be exercised, the City Manager's authority does not extend to purchases from the FSA. The City Attorney's Office has determined that, since City code does not explicitly allow for purchase from the FSA, approval of purchases from the FSA contract will require the waiver of competitive bidding requirements, by a 5/?'h vote. Accordingly, this is a request for the City Commission to approve utilizing FSA Contract 11-10-1202, a competitively awarded contract, for the purchase of the Pierce Custom Pumper Fire Engine. The Miami Beach Fire Department is currently only one of nine fire departments nationwide that hold both Class 1 rating from the National Insurance Office (ISO) and International Accreditation from the Center for Public Safety Excellence. Achieving these ratings has lowered the cost of fire insurance premiums for the residents of Miami Beach. The purchase of the new equipment will allow the Fire Department to maintain the same number of vehicles in its fleet and continue its Class 1 and International Accreditation ratings. CONCLUSION The Administration recommends that the Mayor and City Commission waive by 5/?'h vote, the formal competitive bidding requirement, finding such waiver to be in the best interest of the City, and approve the purchase of one (1) Pierce Custom Pumper Fire Engine from Pierce Manufacturing, Inc., in the amount of $720,106.90, from Contract No. 11-10-1202, with the Florida Sheriffs Association. JLM/MT/ETC/AD/JJF/JC/JD T:\AGENDA\2013\May 8\Fieet-Fire Pumper MEMO 2013-05-08.doc 542 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING THE PURCHASE OF ONE (1) PIERCE CUSTOM PUMPER FIRE ENGINE FROM PIERCE MANUFACTURING, INC., IN THE AMOUNT OF $720,106.90; FROM CONTRACT NO. 11-10-1202, WITH THE FLORIDA SHERIFFS ASSOCIATION. WHEREAS, upon approval of funds, the City has historically pursued the purchase of Fire Rescue vehicles through competitively awarded contracts by the Florida Sheriffs Association (FSA); and WHEREAS, the FSA competitively awards a Fire Rescue Vehicles contract yearly, based on the requirements of public safety agencies state~wide, for use by various agencies and political subdivisions in the State; and WHEREAS, the City benefits from the expertise, staff resources, and the leveraged buying power of the FSA, resulting in cost-effective vehicle purchases; and WHEREAS, the City needs to replace a Young Fire Engine that was placed into service in 1990 and is no longer cost effective to maintain and operate; and WHEREAS, the Young Fire Engine is three years past its recommended reserve service time of 15 years front line and 5 years reserve, and does not meet current National Fire Protection Association standards; and WHEREAS, since the City Code does not explicitly allow for purchase from the FSA. approval of the purchase from FSA Contract No. 11-10-1202 for a Pierce Custom Pumper Fire Engine, at a total cost of $720,106.90, will require the waiver of competitive bidding, by a 5/th vote. 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 waive, by 5/ih vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and approve the purchase of one (1) Pierce Custom Pumper Fire Engine, at a total cost of $720,106.90, from Contract No. 11-10-1202, with the Florida Sheriffs Association. PASSED AND ADOPTED THIS ___ DAY OF ____ 2013. ATTEST: MAYOR CITY CLERK T:\AGENDA\2013\May 8\Fieet ·Fire Pumper RESO 2013..05-0B.docx 543 APPROVED AS TO FORM & LANGUAGE & Fn XECUTiON THIS PAGE INTENTIONALLY LEFT BLANK 544 R9 NEW BUSINESS AND COMMISSION REQUESTS City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, !'D.'&....rui.QJl1Jb~bfl.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: From: Date: Subject: Mayor Matti Herrera Bower and M Jimmy L. Morales, City Manager May 8, 2013 BOARD AND COMMITTEES ADMINISTRATION RECOMMENDATION: That appointments be made as indicated. ANALYSIS: mbers ormmission Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments. VACANCIES BOARD OR COMMITTEE: TOTALMBRS. APPOINTED BY: TOTAL VAC PAGE Affordable Housing Advisory Committee Bicycle-Pedestrian Facilities Advisory Committee Committee for Quality Education in MB Community Development Advisory Committee 11 7 15 14 City Commission Commissioner Deede Weithorn Commissioner Ed Tobin Commissioner Jerry Libbin Commissioner Jonah M. Wolfson Commissioner Jorge Exposito Commissioner Michael Gongora Commissioner Michael Gongora Commissioner Jorge Exposito 2 Page 2 Page 6 Page 12 1 Page 15 We are committed to providing excellent public service and safety to all who live, work and play inc Agenda ltem _ __:.~_:.....:q:....:{+:....;...... __ 546 Date___::S":...---51 ~-.~-t...c;.3_ VACANCIES BOARD OR COMMITTEE: TOTALMBRS. Debarment Committee Design Review Board Disability Access Committee Golf Advisory Committee Health Advisory Committee Marine Authority Miami Beach Commission For Women Miami Beach Cultural Arts Council Parks and Recreational Facilities Board Personnel Board Police Citizens Relations Committee 7 7 14 12 11 7 21 11 10 10 17 APPOINTED BY: TOTALVAC PAGE Commissioner Jorge Exposito Mayor Matti Herrera Bower City Commission Commissioner Jonah M. Wolfson Commissioner Michael Gongora City Commission Commissioner Michael Gongora Commissioner Deede Weithorn Commissioner Ed Tobin City Commission Commissioner Jerry Libbin City Commission Commissioner Michael Gongora 547 1 Page 20 1 Page 21 Page 23 Page 27 Page 28 Page 36 Page 37 Page 38 Page 44 3 Page 45 Page 48 VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE Production Industry Council 7 Mayor Matti Herrera Bower Page so Safety Committee 14 Commissioner Jorge Exposito Page 51 Mayor Matti Herrera Bower Single Family Residential Review 3 Jimmy Morales, City Manager 3 Page 52 Panel Tennis Advisory Committee 7 Mayor Matti Herrera Bower Page 54 Waterfront Protection Committee 10 Commissioner Deede Weithorn 1 Page 58 Attached is breakdown by Commissioner or City Commission: JLM:REG/sp ~ 548 Board and Contntittees Current Members Ad Hoc Charter Review and Revision Board 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 Members: Name Last Name Position/Title Aaron Perry Alex Fernandez Jacqueline Lalonde Richard Preira Richard (Rick) Kendle Scott Diffenderfer Stephen Zack Term Ends: Appointed by: Term Limit: 549 1/1/2014 1/1/2014 1/1/2014 1/1/2014 1/1/2014 1/1/2014 1/112014 Commissioner Jerry Libbin Commissioner Deede Weithorn Commissioner Michael Gongora Commissioner Jonah M, Wolfson Commissioner Ed Tobin Commissioner Jorge Exposito Mayor Matti Herrera Bower Page 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/cityclerkjscro!l.aspx?id::::o72.497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archive" link; thereafter choose the first listed Commission meeting, and click on City Commission At-Large Nominations. City Liaison: Richard Bowman Vacancy: 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 Members: Name Amy Arian Charles Sa land Last Name Perry Adomo Urstadt Positionffitle (11) Rep. Essential Serv. (9) Res. Juris Local Govt (8) Local Plann. Bd. Term Ends: Appointed by: 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 550 Term Limit: 12/31117 12/31/17 12/31/17 Board and Comn1ittees Current Members David Smith (3) Rep. Labor Home Bid. 12/31/2014 City Commission 12/3\/14 Guy Simani (10) Rep. Empl. With/Juris. 12/31/2013 City Commission 12/31/17 Jeremy Glazer (4) Low-Income Adv 12/31/2013 City Commission 12/31/17 Juan Rojas (2) Banking/Mortgage 12/31/2014 City Commission 12/31/16 Mark Wohl (7} Real Estate Prof. 12/31/2013 City Commission 12/31/17 Muayad Abbas (5) For Profit 12/31/2014 City Commission 12131/17 Applicants Position/Title Applicants Position/Title ------·-····---------~·----·-----···········-·---·-···----···-·-·-.. ·--···---·-· .. --... ·------··· Andrew Fischer Britta Hanson Gotlinsky Barbara Karen Fryd Prakash Kumar Barbara Gotlinsky Dr. Barry Ragone Julio Lora Marie Towers Ryan Homan 551 Board and Contmittees Current Members Art in Public Places Composition: Two (2) year term. Appointed by a minimum of 4 votes. Sec. 82-561 Seven (7) members to be appointed by a majority of the entire City Commission, and who shall possess a high degree of competence in evaluation of art history and architectural history, art, architecture, sculpture, painting, artistic structure design and other appropriate art media for display or integration in public places. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives is located on the website at http://miamibeachfl.gov/cityclerkjscroll.aspx?=72497. Alternatively, the Release can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting, and click on City Commission At-Large Nominations. City Liaison : Dennis Leyva Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: James Lloyd 12/31/2014 City Commission 12/31/16 Janda Wetherington 12/31/2014 City Commission 12/31/16 Lisa Austin 12/31/2013 City Commission 12/31/17 Lisette Olemberg-12/31/2013 City Commission 12/31/14 Goldstein Megan Riley 12/31/2014 City Commission 12/31/16 Patricia Fuller 12/31/2013 City Commission 02/31/18 Susan Caraballo 12/31/2014 City Commission 02/31/18 Applicants Positionffitle Applicants Positionffitle -----·-···------------· -----------------------··--·······-·-·-·······----------------·----·----· 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 Ana Cordero Antoinette Zel Cindy Brown Cyn Zarco David Lombardi Emma DeAibear Jonathan Porcelli Leslie Tobin Maria Rodriguez Merri Mann Molly Leis Rosemarie Murillo Likens Zoila Datorre 552 Page Board and Committees Current Members Beautification Committee Sec. 2-36 Composition: Eight (8) members, seven (7) of whom shall be direct appointees by the Mayor and City Commissioners. The chairperson of the Mayor's Ad Hoc Garden Center and Conservatory Advisory Committee or designee who shall serve as a non-voting ex-officio member. City Liaison: John Oldenburg Members: Name Last Name Daniel Nixon Lidia Resnick Lucero Levy Maria Koller Moni Cohen Silvia Rotbart Terry Blechman Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 12/31/2013 12/31/2013 12/31/2014 12/31/2014 12/31/2014 Commissioner Deede Weithorn 12/31/15 Commissioner Michael Gongora 12131117 Commissioner Jorge Exposito 12/31117 Commissioner Jonah M. Wolfson 12/31/15 Commissioner Jerr; Libbin 12131/18 Mayor Matti Herrera Bower 12/31/14 12/31/2013 Commissioner Ed Tobin 12/31118 Ex-officio Chair of Mayor Ad-Hoc Garden Center Applicants Position/Title Applicants Position/Title --··--·-·--.. ·-···-----------...... ___ .. , .. ___ ......... _____________ ............ -----·---·-·-·- Amy Rabin Christopher Todd Daniel i'Jovela Dina Dissen Flavia Lowenstein-Eiortegui Kay Coulter Marina Novaes Michelle Ricci Peter Vallis Steven Gonzalez Ana Cordero Cindy Brown Darin Feldman Dr. Corey Narson Francinelee Hand lily Furst Marivi Iglesias Mitchell Korus Rabbi Daniel Sherbill Tiva Leser 553 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: Jose Gonzalez Vacancy: Members: Name Last Name Position/Title ------------------ Ada Llerandi 12/31/2013 Mayor Matti Herrera Bower 12/31/2014 Commissioner Jorge Exposito 12/31/2013 Commissioner ~<lichael 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 --------------------------------------------------------------------------------------------- Tuesday, April 23, 554 Board and Comn1ittees Current Members Board of Adjustment Composition: Two (2) year term. Appointed by a 5/7th vote. RSA 1·2 Sec 118· 1').1 Seven (7) voting members composed of two members appointed as citizens at-large and five members shall be appointed from each of the following categories (no more than one per category), namely: Law, Architecture, Engineering, Real Estate Development, Certified Public Accountant, Financial Consultation, and General Business. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the member representing general business shall be of responsible standing in the community; the member representing the field of financial consultation shall be a Certified Public Accountant, Chartered Financial Analyst, Certified Financial Planner, a Chartered Financial Consultant or investment advisor registered with the Securities and Exchange Commission, or someone recognized as having similar credentials and duly licensed by the State of Florida. Members shall be appointed for a term of two years by a five-seventh vote of the city commission. Members of the Board of Adjustment must be either residents of or have their principal place of business in Miami Beach; provided, however, that this amendment shall not affect the term of existing members of the Board of Adjustment. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives is located on the website at http://miamibeachfl.gov/cityclerkjscroll.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 Members: Name Bryan Elsa Joy Last Name Rosenfeld Urquiza Malakoff Leser Positionffitle CPA At-Large A.t-Large Fin. Cons. TL 12/31/13 Real Estate Developer Law Term Ends: Appointed by: Term Limlt: 12131/2013 City Commissiol1 12/31/15 12/3112013 City Commission 12/31/17 12/31/2014 City Commission 12/31/16 12/31/2013 City Commission 12/31/13 12/31/2014 City Commission 12/31/18 12/31/2014 City Commission 12/31/16 Liar Noah R1'chard Sherry Fox Preira Roberts Gen. Business TL12/31/13 12/31/2013 City Commission 12/31/13 Applicants Alexander Annunz1ato Avi Ciment Dov Konetz Gary Twist Jessica Conn o_·:,~,,,,-.,.,.,,,.""~'''''""'"-·'1'''-?·'<'<f''i< Tuesday, Apri/23, 2013 Positionffitle Anthony Atala Brian Ehrlich Gabriel Paez Guy Simani Jonathan Beloff 555 Position/Title Board and Committees Current Members Josh Gimelstein Micky Ross Steinberg Robert Newman Scott Needelman Tuesday, April23, 2013 Michael Bernstein Muayad Abbas Roberta Gould 556 Board and Contmittees Current Members Budget Advisory Committee Sec. 2-44 Composition: Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one (1) appointment. Two (2) at-large appointments: one (1) certified public accountant and one ( 1) for a financial advisor. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing currnet information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http :j/miamibeachf!.gov I cityclerk/ scroll.aspx?id= 72497 Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachf!.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting, and click on City Commission At-Large Nominations. City Liaison: Kathie Brooks Members: Name Last Name Antonio Hernandez Sr. David Lancz Dushan Koller Jack Benveniste Jacqueline Lalonde John Gardiner Laurence Herrup Marc Gidney Stephen Hertz AppHcants David Richardson Eric Lawrence Gregory Carney John Bowes lisa Ware Oliver Oberhauser Rima Gerhard Tuesday, April 23, 2013 Position/Title Financial Adv. C. P. A. PositionJTitle Term Ends: Appointed by: Term Limit: --------·---------·--·----------········----------- 12/3112013 12131/2014 12/3112013 12/3112013 12/3112014 12/31/2014 12/31/2013 12/31/2014 1213112014 Applicants Dwight Kraai Gerhard Rima Jared Piitt Commissioner Jorge Exposito 12/31/16 Commissioner Deede Weithorn 12/31118 Commissioner Jonah M. Wolfson 12/31115 Mayor Matti Herrera Bower 12/31/15 City Commission 12/31/16 Commissioner Jerry Libbin 12/31116 Commissioner Michael Gongora 12/31/17 City Commission Commissioner Ed Tobin Position/Title 12/31/14 12/31/16 Lance Richardson Noah Fox Regina Suarez 557 Board and Committees Current Members Capital Improvements Projects Oversight Committee 2-190-127 Composition: The Capital improvement projects oversight committee shall consist of nine (9) voting members, eight (8) of whom shall be appointed by the city commission as a whole (at-large-appointees), and one (1) member appointed by the Mayor or designee, and one (1) non-voting ex-officio member selected from three nominees. The membership of the committee shall further be comprised as follows: 1. The mayor or his/her designee, who shall sit as a voting member of the committee, and shall also serve as chair person of the committee; 2. At least two (2) members shall be selected with experience in one of the following technical fields: a. engineering; b. architecture and/or landscape architecture; or historic preservation; 3. At least two (2) members shall be selected with experience in one of the following technical fields: a. construction/general contractor; or b. developer; 4. Two (2) members shall be selected with experience in the following technical field and/or the following category: a. capital budgeting and/or finance; or b. citizen-at-large; and 5. The remaining two (2) members shall be selected from any of the technical experience categories set forth in subsections (2) or (3) above. 6. One (1) non-voting ex-officio member shall be either a member of the disabled community or a person with special knowledge of Americans with Disiabilities Acts (ADA) issues in order to provide accessibility-related input to the committee. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the 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: Fernando Vazquez Members: Name Last Name Position/Title Term Euus: Appointed by: Term Limit: Brian Ehrlich (C3) Developer 12/31/2013 City Commission 12/31/14 Cheryl Jacobs (C4) At-large 12/31/2014 City Commission 12/31/18 Christina Cuervo (C5) Developer TL 12/31/13 12/31/2013 City Commission 12/31113 Dwight Kraai (2) Engineer TL 12/31113 12131/2014 City Commission 12/31/13 Elizabeth Camargo (C2) Architect TL 12/31/13 1213112013 City Commission 12/31113 C "'" <' S:-"-.>.."''"'""-.<~·· ,·:· ~·,~~.,,,,;,_,.,,.,-,,_; " • .X.h; ~''·'"" '*'• ,; H' ,'., Tuesday, Apri/23, 2013 558 Board and Contmittees Current Members Robert Saul Stacy Tony Applicants Rabinowitz Gross Kilroy Trujillo Annsheila Turkel Christian Folland Dominique Bailleul Harold Foster Jacobs Jacobs Josh Gimelstein Rima Gerhard (C5) Engineer ( 1) Mayor Designee (C3) ConsUG/ Cont.TL 12/1 (C4) Cap.Budg/Finance Position/Title 12/31/2014 City Commission 12/31/2013 Mayor Matti Herrera Bower 12/31/2014 City Commission 12/31/2014 City Commission Applicants Anthony Atala Daniel Manichello Gerhard Rima lvette Isabel Borrello James Lloyd Michael Laas Position/Title 559 12/31/17 12/31/15 12/31/13 12/31116 Board and Committees Current Members Committee for Quality Education in MB Sec. 2·190.134 Composition: The committee shall consist of fifteen (15) voting members and three non-voting ex-officio members to be comprised as follows. A representative from each of the following eight schools, selected by the Parent Teacher Association: North Beach Elementary, Biscayne Elementary, Feinberg-Fisher Elementary, South Pointe Elementary, Nautilus Middle School, Miami Beach High School, Ruth K. Broad Elementary School, Treasure Island Elementary School, and seven (7) members of the public with knowledge or expertise with regard to education issues who shall be direct appointments by the mayor and city commissioner with no more than three who can be employed or contracted by Miami-Dade County public shcools. The City Commission shall designate two (2) of its members to serve as City Commission liaisons who shall report to the City Commission actions of the Committee for Quality Education; the City Manager shall further designate a member of city staff to serve as a liaison who shall report the Committee's actions to the City Manager. City Liaison: Dr. Leslie Rosenfeld Vacancy: To replace Tiffany Heckler 12/31/2014 Commissioner Michael Gongora Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Beverly lvette Isabel Karen Kay Keren Sheila Christy Farhat Heller Borrello Rivo Coulter Bajaroff Duffy-Lehrman TL 12/31/13 12/3112014 12/3112013 12131/2013 12/31/2013 12/31/2014 12131/2014 Dr. Leslie Rosenfeld Rep. of the PTA South Pointe Elementary· 6/30/13 ACM/City Manager designee Elisa Leone Heidi Tandy Ivette Birba Jill Swartz Lisa Simon ~-1atti Herrera-Bower Rebeka Cohen Sofia Emuriel Rep. of the PTA for Biscayne Elementary 06/30/13 Rep. of PTA for Nautilus M1ddle School 06/30/13 Rep. of the PTA for Feinberg Fisher Elem. 6/30/13 Rep. of the PTA for MB Sr. High School-06/30/14 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. 06/30/13 560 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 12/31117 V'C -,, < <"i<<~l>~~-' •. O;•,&h,'i·,~~~"«-,•_,o·.•;r>.J:~''~~!.f'ii";··'·<""U·O":.;;·~J"'" Page 12 of 59 (Continued .... Board and Committees Current Members Vacant City Commission designee Applicants Aida El·Matari Elaine Litvak Judith Berson-Levinson Kristen Rosen Gonzalez Laurie Kaye Davis Maria Cifuentes Marrero Marjorie York Robert Fairless Tuesday, April 23, 2013 Position/Title Applicants David Crystal Jill Swartz Kathleen Kowall Laura Cullen Loren Pearson Marina Aviles Mia Glick 561 Position/Title Page Board and Conzmittees Current Members Committee on the Homeless Composition: The committee shall consist of nine (9) members, three (3) to be appointed by the Mayor and each Commissioner to appoint one (1). Sec. 2-161 The chairperson of the Committee on the Homeless or his/her designee shall serve as a non-voting ex- officio member of the Community Relations Board. Each member of the committee shall be selected from membership in an organization such as, but not limited to the following: Service Providers: Douglas Gardens Community Mental Health, Salvation Army, Better Way, Miami Dade County Homeless Trust; (Civic Representation: North Beach (North Beach Development Corp), 41st Street (Middle Beach Partnership), Lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and /or Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel Association), South Pointe (South Pointe Advisory Board to the Red. Agency); member of the general public with persona! experience with homeless issues CDBG Project Coordinator (ESG Emergency Shelter Grant Provider), city officials, representative from the Police Department and the City Attorney's Office as ex-officio members. City Liaison: Katherine Martinez Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Annsheila Turkel 12/31/2013 Mayor Matti Herrera Bower 12/31/19 Car; Yee Quee 12/31/2013 Mayor Matti Herrera Bower 12/31/19 Dale Gratz 12/31/2013 Mayor Matti Herrera Bower 12/31/14 Gail Harris 1213112014 Commissioner Ed Tobin 12/31/16 Jonathan Kroner 12/3112013 Commissioner Jorge Exposito 12131/17 Lisa Ware TL 12/31/13 12131/2014 Commissioner Jonah M. Wolfson 12/31113 Prakash Kumar 12/31/2014 Commissioner Jerry Libbin 12/31/16 Rabbi Daniel Sherbiil 12/3112014 Commissioner Michael Gongora 12/31119 Rachael Zuckerman 12131/2013 Commissioner Deede Weithorn 12/31/17 Applicants Position/Title Applicants Position/Title ------··----··-·········--·······-·-----·-·---··-·············---······--··--·····----··-·-·-·----···--·····--···- Debra (Debi) Quade Emma DeAibear Kimberly Diehl Luis Iglesias-Ramirez Mitchell Korus Rocio Sullivan Rosemarie Murillo Likens Eda Valero-Figueira Helen Swartz Leah Rey Melissa Mokha Muayad Abbas Rosalie Pincus Stephanie Berman 562 Page 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. 2·190.11 0 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: To replace Rachel Umlas Members: Name Last Name Position/Title -H•••-----~·-••-----•• -----·--·--- Adam Greenberg Andrew Fuller Christina LaBuzetta Dona Zemo Dorian Nicholson Harvey Burstein James Weingarten Karen Fryd Marina Aviles Mark Hayes Mark Balzli Michael Bernstein Zachary Cohen Applicants Alejandro Dominguez Bruce Klaiber Derrek Steele Jean Fils Jeffrey Graff Kay Coulter Michael Rotbart Wednesday, Apri/24, 2013 Citywide Position/Title 12/31/2014 Commissioner Jorge Exposito Term Ends: Appointed by: Term Limit: --·--·-·----··--·--· 12/31/2014 Commissioner Deede Weithorn 12/31/19 12/31/2013 Commissioner Jerry Ubbin 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 12/31/18 12/31/2013 Mayor Matti Herrera Bower 12/31/17 12/31/2013 Commissioner Jorge Exposito 12/31/20 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 12/31/2013 Commissioner Michael Gongora 12/31/2014 Commissioner Jerry Libbin 12/31/2013 Commissioner Michael Gongora Applicants Arian Adorno Christina Nicodemou Dr. Barry Ragone Jeffrey Feldman Juan Rojas Mark Wohl Russell Hartstein Position/Title 12/31/20 12/31/16 12/31/19 Page 15 of 59 (Continued .... 563 Board and Co1nmittees Current Members Steve Berke Tuesday, April 23, 2013 Page 16 of 59 564 Board and Committees Current Members Community Relations Board Sec. 2·190.11 Composition: The board shall consist of seventeen (17) members. Eleven (11) members shall! 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 Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Adam Kravitz Andres Asion Barbara Montero Brad Fleet Darin Feldman Debra Schwartz Laurie Kaye Davis TL 12/31/13 TL 12/31/13 12/31/2013 Comm'1ssioner Jonah M. Wolfson 12/31/19 12/31/2014 Kathie G. Brooks. Int. City 12131/20 Manager 12/3112014 12/31/2013 12/31/2013 12/31/2014 12/3112014 Commissioner Jorge Exposito Commissioner Deede Weithorn Kathie G. Brooks, Int. City Manager Commissior1er Ed Tobin Kathie G. Brooks, Int. City Manager 12/31/15 12/31/13 12/31/19 12/31115 12/31/13 Rabbi Solomon Schiff 12/31/2013 12/31/2013 12/31/2014 Mayor Matti Herrera Bower 12/31115 Robert Sena Seth Feuer Lisa Ware Maria Ruiz Marjorie York Patty Hernandez Applkants Claudia Moncarz David Alschuler Debra Schwartz Eliane Soffer Ivan Rusilko Commissioner Michael Gongora 12/31/19 Commissioner Jerry libbin 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 Derrek Steele Irene Valines Jacobo Epelbaum Position/Title 12/31/20 Tuesday, Apri/23, 2013 Page 17 of 59 565 Board and Committees Current Members Jean Fils Lori Gold Luis Herrera Mark Balzli Mia Glick Peter Vallis Sofia Emuriel Troy Fabien Tuesday, Apri/23, 2013 566 Board and Committees Current Members Convention Center Advisory Board Composition: The board shall consist of seven (7) voting members. Sec. 2-46 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. Cfty Liaison: Lenny Timor Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ---------------~--------·-------------------·----·-----------------·-----------·-----···- Alan Elizabeth Joshua Leon Roger Stuart Tim Bob Balsam Lips Resnick Wallack Manne TL 12/31113 Abramson Blumberg Nardi ex-off. Global Spectrum Adm Rep. ex-officio, GMCVB Adm Rep 12/3112014 12/31/2013 1213112014 12/31/2013 12/3112014 12/3112013 12/31/2013 Commissioner Jorge Exposito 12/31/19 Commissioner Jonah M. Wolfson 12/31120 Commissioner Ed Tobin 12131119 Commissioner Jerry Libbin 12131113 Commissioner Michael Gongora 12131/16 Mayor Matti Herrera Bower 12/31115 Commissioner Deede Weithorn 12131/17 Ita ~!Joriarty 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 Tuesday, April23, 2013 Position/Title Applicants Barbara (Bunny) Patchen Eric Lawrence Gayle Durham Liliam Lopez Michael Rotbart Robert Newman 567 Position/Title Board and Committees Current Members Debarment Committee Sec. 2·190.128 Composition: The committee shall consist of seven (7) voting members to be individually appointed by the Mayor and Commissioners. The committee's purpose is to evaluate and, if warranted, to impose debarment as provided in Sections 2-397 through 2-406 of the City Code to exclude a contractor (and, in limited instances, a bidder or proposer) from city contracting and city approved subcontracting. City Liaison: Alex Denis Vacancy: Members: Name To replace Stephen Zack To replace Melvyn Schlesser Last Name Position/Title ---··--- Anthony Broad Antonio Hernandez Jr. Darius A sly Dr. Ronald Shane Joseph Hagen Applicants Position/Title 12/31/2014 Mayor Matti Herrera Bower 12/31/2014 Commissioner Jorge Exposito Term Ends: Appointed by: Term Limit: 12/31/2014 12/31/2014 Commissioner Ed Tobin 12/31/16 Commissioner Michael Gongora 12/31/18 12/31/2013 Commissioner Deede Weithorn 12/31/17 12/31/2013 12/31/2013 Applicants Commissioner Jerry Libbln 12/31/17 Commissioner Jonah M. Wolfson 12/31/15 Position/Title -····--·--·---·-···------······------········-----··-----···---------------------·--·--·----------·--------···- Brian Richard Lance Richardson Zachary Cohen John Bowes Michael Perlmutter 568 Page 20 of 59 Board and Com1nittees 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.govjcityclerkjscroll.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 Vacancy: Members: Name To replace Lilia Medina Last Name -··-----····-······-~·-····-··-··-· Carol Hausen Jason Hagopian Leslie Tobin Manuel Minagori Marilys Nepomechie Seraj Saba Urban Planner 12/31/2014 City Commission Position/Title Term Ends: Appointed by: Term Limit: ----~-·----·----·-··· .. ···---·----·--·---·---·-............. - At-large Registered Architect Registered Architect At-large Architect lands. Arch. TL 12/31/13 12/31/2014 12/31/2013 12/31/2013 12/31/2013 12/31/2014 12/31/2013 City Commission City Commission City Commission City Commission Ctty Commission City Commission 12/31/16 12/31/15 12/31/16 12/31/17 12/31/17 12/31113 Gary Held advisor(/City Attorney Designee ,.,,.,_.;,, .• '"" '""'"""'·''"'-,··''!, ·.·,'·· ... ,. •'"""'''·'.~' .,, .. ,1~'"<'"'- Tuesday, Apri/23, 2013 569 Board and Committees Current Members Richard Lorber Vacant Applicants advisory/ Acting Planning Director ex-officio/Disability Access Committee Position/Title Applicants Position/Title --··-·--·--··--·····-----··-·-··------~·-·-----·-·--·---·----·····-··-··-·-----·--------··-····--···-· ···------ Alexander Annunziato Brian Ehrlich Elizabeth Camargo Francis Steffens Jean-Francais Lejeune Jessica Conn Ryan Homan Terry Bienstock Tuesday, April 23, 2013 Andres Asian Cyn Zarco Elsa Urquiza Gary Twist Jeffrey Cohen John Stuart Seth Wasserman 570 Page 22 Board and Committees Current Members Disability Access Committee Composition: The Committee shall be composed of: 2006-3500 s 2-31 A board quorum of eight (8) members and requiring at least eight (8) votes for board action. Fourteen (14) voting members who shall be direct appointees by the Mayor and City Commissioners. 1) persons having mobility impairments; 2) deaf and/or hard-of-hearing persons in the community; blind and/or vision impaired persons in the community; 3) mental, cognitive or developmental disabilities; 4) the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation). 5) One non-voting ex-officio member who is either a member of the disable community or has special knowledge of Americans with Disabiities Act (ADA) issues. As per ordinance 2011-3731, in addition to other power and duties, the chairperson of the committee may designate a committee member to attend meetings of other city agencies, boards, or committees for the purpose of providing and obtaining input regarding accessibilty related issues and reporting to the dissabi!ity access committee on matters set forth in subsection (b) so that the disability access committee may provide recommendations to the city departments specified in subsection (b) or to the city commission. As per Ordinance 2012-3757 amended Sec. 2-31(0) to increase the number of members from seven(7) to fourteen (14) and amended the quorum requirement City Liaison: Jay Fink Vacancy: Members: Name Andrea Lisa Andrew Barbara David David Dr. Susan Helen To replace John Bennet Last Name Travaglia Feuerstein Gotlinsky New McCauley Solman Swartz Position/Title Lawrence Fuller TL 12/31/13 Lee Weiss Russell Hartstein Sabrina Cohen Susana Maroder-Rivera Wendy Unger Tuesday, April23, 2013 12./31/2013 Commissioner Jonah M. Wolfson Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Jorge Exposito 12/31/19 12/31/2014 Commissioner Jerry Libbin 12/31/19 12/31/2013 Commissioner Ed Tobin 12/31/19 12/31/2014 Commissioner Deede Weithorn 12/31/15 12131/2014 Commissioner Michael Gongora 12/31/20 12/31/2013 Commissioner Deede Weithorn 12/31/19 12/31/2013 Commissioner Michael Gongora 12/31/18 12/31/2013 Commissioner Jerry Libbin 12/31/13 12/31/2014 Commissioner Jonah M. Wolfson 12/31119 12/31/2013 Mayor Matti Herrera Bower 12/31/19 12/31/2014 Commissioner Ed Tobin 12/31/17 12/31/2013 Commissioner Jorge Exposito 12/31/19 12/31/2014 Mayor Matti Herrera Bower 12/31/16 571 Board and Committees Current Members Ex-officio member Applicants Position/Title Ann Thomas Rabbi Solomon Schiff Tuesday, Apri/23, 2013 Applicants ---~·-·---·---·---· Britta Hanson Rafael Trevino 572 Positionffitle Board and Con1mittees Current Members Fine Arts Board Reso 2000-24216 Composition: Fourteen (14) members with Mayor and City Commissioners appointing two (2) members each. The Miami Beach Fine Arts Board promotes the work of contemporary visual and cultural artists, enhances the appreciation for the arts in the community at large, and provides economic stimulation to under served neighborhoods. City Liaison: Gary Farmer Members: Name Last Name Position/Title -··-··"~-~--··-~·---M-0- Britta Hanson Carmen (Maria) Lopez Carrie Wiesenfeld Deborah Ruggiero Ellen Brazer Ivan Pol Judith Berson-Levinson Lizette Lopez Melissa Broad Michael McManus Michelle Ricci Nathaniel Korn Tamra Sheffman Tiva Leser Applicants 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'Neiii·Butler Mia Glick Nicole Doswell Seth Feuer Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 Commissioner Jorge Exposito 12131119 1213112013 Commissioner Michael Gongora 12131120 12/31/2013 Mayor Matti Herrera Bower 12131115 12/3112014 Commissioner Jerry Libbin 12/31/18 1213112014 Commissioner Jorge Exposito 12/31/17 12131/2014 Commissioner Michael Gongora 12/31/20 12/31/2013 Commissioner Jerry Libbin 12131/16 12/3112013 Commissioner Deede Weithorn 12/31120 12/31/2013 Commissioner Ed Tobin 12/31/15 12/31/2014 Mayor Matti Herrera Bower 12/31/17 12/3112014 Commissioner Ed Tobin 12/31120 12/31/2014 Commissioner Jonah M. Wolfson 12131/15 12/31/2014 Commissioner Deede Weithorn 12/31115 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 Llliam Lopez Merri Mann Nelida Barrios Patti Hernandez Zahara Mossman 573 Position/Title Board and Committees Current Members Gay, Lesbian, Bisexual and Transgender (GLBT) Ord. 2009-3635 Composition: The Committee shall consist of fifteen (15) voting members, with three (3) members to be directly appointed by the Mayor, and two (2) members to be directly appointed by each City Commissioner. Notwithstanding the preceding sentence, the initial membership of the Committee shall be comprised of those current members of the Mayor's Gay Business Development Committee, choosing to serve on the Committee, with any additional members (as required to complete the total number of members of the Committee) to be appointed at large by a majority vote of the City Commission. City Liaison: Diana Fontani Members: Name Billy Chad Cindy Dale Daniel Edison Ivan Jorge Karen Laura Marivi Michael Nelida Thomas Willis "Chip" Applicants Brian Richard Dorian Nicholson Ivana Vento Rafael Trevino Richard Murry Steven Adkins Last Name Kemp Richter Brown Stine Spring Farrow Cano Rich a Brown Veitia Iglesias Bath Barrios Barker Arndt Jr. Position/Title Position/Title Term Ends: Appointed by: Term Limit: 12/31/2014 12/31/2014 12/31/2013 12/31/2014 12/31/2013 12/31/2013 12/31/2014 12/31/2013 12131/2013 12/3112014 12/31/2013 12/31/2014 12/31/2014 12/31/2013 12/31/2013 Applicants ·---------·---·""'" Mayor Matti Herrera Bower 12/31/16 Commissioner Ed Tobin 12/31/16 Commissioner Jonah M. Wolfson 12/31119 Commissioner Michael Gongora 12/31/17 Commissioner Jorge Exposito 12/31/16 Commissioner Jerry Ubbin 12/31/16 Commissioner Jonah M. Wolfson 12/31117 Mayor Matti Herrera Bower 12/31117 Mayor Matti Herrera Bower 12131117 Commissioner Jorge Exposito 12/3i/16 Commissioner Deede Weithorn 12/31/18 Commissioner Jerry Libbin 12/31117 Commissioner Deede Weithorn 12/31116 Commissioner Michael Gongora 12/31116 Commissioner Ed Tobin 12/31116 Position/Title Christopher Amisano Elizabeth Schwartz Michael Andrews Rebecca Boyce Silvia Res Walker Burttschell 574 Board and Comntittees Current Members Golf Advisory Committee Composition: The committee shall be composed of twelve (12) members. Consisting of eleven (11) voting members, seven (7) by direct appointment by the mayor and city commissioners,and four who shall be the presidents of the Bayshore and Normandy Shores Men's and Women's Golf Association. The city manager or his designee shall serve as a non voting ex-officio member. Sec. 2·76 The chairperson of the Golf Advisory Committee or his designee shall serve as a non-voting, ex-officio member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and Recreational Facilities Board. City Liaison: Kevin Smith Vacancy: To replace Gregory Carney 12/31/2014 Commissioner ~~ichael Gongora Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Jeff Jeffrey Jenifer John Joseph Michael Kevin Smith Applicants Blumenthal 12/31/2014 Cohen 1213112013 Caplan 12/31/2013 Barker 12/31/2014 Conway 12/31/2013 Piazza 12/31/2014 President for Women's Golf Assoc. MB Golf Assoc. President of the 1-18 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 Cily Manager Position/Title Applicants --------···----·---·-····--··------·····--··--·----- Daniel Novela Mitchell Korus Zachary Cohen Jane Hayes Robert Sena 575 Commissioner Deede Weithorn 12/31/15 Commissioner Jerry Libbin 12/31/16 Commissioner Jorge Exposito 12/31/17 Commissioner Ed Tobin 12/31115 Mayor Matti Herrera Bower 12/31/18 Commissioner Jonah M. Wolfson 12/31/17 Position/Title Board and Comnlittees Current Me1nbers 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/ cityclerkjscrol!.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 Members: N;tme Anthony Dr. Andrew Dr. Jay Dr. Stacey Harold Rachel Shaheen Steven Tobi Baruch MD Last Name Japour ~~ullman Reinberg Kruger Foster Schuster Wirk Sonenreich Ash Position/Title ACLF Physician Physician Physician Privae Individual ACLF Private Individual CEO/Mt. Sinai!MH (NTL) Nursing Profession ',/~:<~''T-'W>~On; ,/.; "'' ', ~><<, Tuesday, Apri/23, 2013 12/31/2013 City Commission Term Ends: Appointed by: Term Limit: 12/31/2014 City Commission 12/31/16 12/31/2014 City Commission 12/31114 12131/2014 City Commission 12/31116 12131/2014 C1ty Commission 12131/16 1213112013 City Commission 12/31/15 12/31/2014 City Commission 12/31/16 12131/2013 City Commission 12/31/15 12/31/2014 City Commission 12131/2013 City Commission 12131115 576 Board and Committees Current Members Todd Narson CEO MB Community Health 12/31/2014 City Commission Julie Zaharatos Maria Ruiz Applicants Rep. from the Health Council of South Fla ex-officio, Director of Children's Affairs Position/Title ----·-------·--·--·---- Caroline Cardenas Jared Plitt Lisa Ware Tuesday, Apri/23, 2013 Applicants Ivan Rusilko Leah Rey Michael Steffens 577 Position/Title Page 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 154.2.07 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:/ /rniamibeachfl.gov I 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: Patricia Walker Members: Name Last Name Position/Title Term Ends: ---········----···------········-·-····-····· ·--- Alii son Arthur Marc Mark Sidney vacant Applicants Stone Unger Umlas Sinn reich Goldin Attorney Accountant Health Provider Health Provider General Business Chairperson, Health Advisory Board Position/Title 6/19/2013 6/19/2016 6/19/2014 6/19/2015 6/19/2014 Applicants Appointed by: Term Limit: ·----·-·--·· City Commission FS-154-207 City Commission FS 154-207 City Commission FS-154-207 City Commission FS 154-207 City Commission FS 154-207 Position/Title ---··-··········-··----·----···-·----· ···-·--········-·······--- Miguel Antonio Aviles Rachel Schuster Rosalie Pincus Shaheen Wirk Tuesday, Apri/23, 2013 578 Board and Committees Current Members Hispanic Affairs Committee Sec. 2-190.21 Composition: The committee shall consist of seven (7) members/ with the Mayor and each Commissioner making one (1) appointment. The chairperson of the Hispanic Affairs Committee or his/her designee shall serve as a non-voting ex- officio member of the Community Relations Board. City Liaison: Nannette Rodriguez Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: -----···----·-~--···--·---·-----·--------.---···--·-.. --------···---------···---- Ana Cecilia Velasco Antonio Purrinos Eliane Soffer Francis Trullenque Ida Perea! Luz Rojas Patti Hernandez Applicants Israel Sands Luis Iglesias-Ramirez Regina Suarez Tuesday, Positionfl'itle i2/31/2013 Commissioner Michael Gongora 12/31/18 12/31/2014 12/31/2014 12/31!2013 12/31/2014 12/31/2014 12/31/2013 Applicants Luis Herrera Rafael Trevino 579 Commissioner Jonah M. Wolfson 12/31/17 Commissioner Jorge Exposito 12/31/17 Commissioner Ed Tobin 12/31/15 Commissioner Jerr1 Libbin 12/31/16 Mayor Matti Herrera Bower 12/31/19 Commissioner Deede Weithorn 12/31/15 Position/Title 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. 118·1 01 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 I city clerk/ scroll .aspx?id "'72497. Alternatively, the Releases can be found by going to the City's main porta! located at http:miamibeachfl.gov; and under the CITY MEmNGS section, located on the right hand side of the webpage, click on the "Agenda · Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Thomas Mooney Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: --~-"'---·--Mk---·------------·--------------·--·----·------··-M-----~-------·-•••---·-···---·--- David Wieder Attorney 12/31/2013 City Commission 12/31115 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 12/31115 Ira Giller Reg. Architect 12/31/2013 City Commission 12/31/17 Jane Gross Dade Heritage 12131/2014 City Commission 12131116 Josephine ~>"Ianning At-large 12/31/2014 City Commission 12/31/14 ~ {o-<! ,,.,.,1,_ ,•,;;,,.-,,~"--"'*'~~-'! ~""ld._"*-'"-' ,.,, ..... ,, ... ~,".:"-'" ,,_ .. _,-,_.,, ,~·"' "''-"'-N<.>; '~'-"'"-~"""'~~ ··~, •'""·"'*/""'~-.·.->'.<,<< • ·""'~'""""·"·· " Tuesday, April 23, 2013 580 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 581 Position/Title Board and Committees Current Members Housing Authority Composition: Four year appointment. Reso 7031 421.05 Five (5) members, appointed by the Mayor. 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 Members: Name Last Name Emilio DeJesus Fernandez Eugenio Cabreja Michael Band Peter Raymond Applicants Chavelier Adrian Position/Title Term Ends: Appointed by: Term Limit: ·----·-·-···----·-·----·····------------·····--···--·----····-·------·--·-··--·- HA Commissioner 10/11/2013 Mayor Matti Herrera Bower 10/11/17 HA Commissioner i0/11/2016 Mayor Matti Herrera Bower 10/11/18 HA Commissioner 10/11/2013 Mayor Matti Herrera Bower 10/11/16 HA Commissioner 10/11/2015 Mayor Matti Herrera Bower 10/11/19 HA Commissioner 10/11/2014 Mayor Matti Herrera Bower 10/11118 Positionffitle Applicants Position/Title -------·-·-···---··---···-···-·····-·-· ----···---·--·-·-···--------···-···------····---··-··--·-···---··-··-- Adrian Gonzalez Barbara Gotlinsky Damian Gallo Julio Lora Allan Hall Christian Folland Gotlinsky Barbara Prakash Kumar 582 Board and Conzmittees Current Members Loan Review Committee Sec. 2-166 Composition: The committee shall consist of seven (7) voting members whom shall be direct appointments by the Mayor and City Commissioners. The finance director or his/her designee and the city manager or his/her designee shall serve as non- voting ex-officio members A member of the Community Development Advisory Committee (CDAC) shall be designated to serve as a non-voting ex-officio member of the LRC in order to facilitate communications between the LRC and CDAC. City Liaison: Rocio Soto Members: Name Eric Jay Juan Mario Mayra Michael Steve Last Name Lawrence Dermer Torres Coryell Diaz Buttacavoli Rotbart Zuckerman Position/Title TL 12/31/13 eX" officio member of the CDAC Term Ends: Appointed by: Term Limit: 12/3112014 1213112014 1213112013 1213112014 12131/2013 12131/2013 Commissioner Michael Gongora 12/31117 Commissioner Jonah M. Wolfson 12/31/18 Mayor Matti Herrera Bower 12/31/15 Commissioner Jorge Exposito 12131/17 Commissioner Ed Tobin 12/31117 Commissioner Deede Weithorn 12/31113 12131/2014 Commissioner Jerry Libbin 12/31114 Patricia Walker ex-officio Finance director or his/her designee Applicants Position/Title Applicants Position/Title Allan Hall lance Richardson Stephanie Berman Tuesday, April 23, Page 35 of 59 583 Board and Committees Current Members Marine Authority Sec. 2-190.46 Composition: The marine authority shall consist of seven (7) voting members, who shall be direct appointments by the mayor and city commissioners, and one non voting, ex-officio member of the authority, who shall be a representative of the city marine patrol. Appointments to the authority shall consist of individuals who have had previous experience in the operation of or inspection of either marine vessels or marine facilities including experience in various types of boat activities, including fishing in the waterways of the city. The members of the marine authority shall have the right and duty to consult with any member of the city administration for technical or other information pertaining to the matters before them. City Liaison: Mercedes Carcasses Vacancy: ;\I embers: Name Christopher Daniel Joel Maurice Sash a Stephen ~~ichael George Applicants Alex Espenkotter Elaine Roden Jonathan Beloff Paul Friedman William Cahill To replace Antonio Maldonado Last Name Todd Kipnis Aberbach Good beer Boulanger Bernstein Position/Title ex-officio MB Marine Patrol Position/Title Tuesday, April23, 2013 12/31/2014 Commissioner Michael Gongora Term Ends: Appointed by: Term Limit: 12/31/2013 1213112013 12/31/2014 12131/2014 12/3112013 12/31/2014 Applicants Com missioner Jorge Exposito 12/31/14 Commissioner Jonah M. Wolfson 12131/16 Mayor Matti Herrera Bower 12/31/20 Commissioner Jerry Lib bin 12131/19 CommissionerEdTcbin 12/31/18 Commissioner Deede Weithorn 12131118 Position/Title Christian Folland Jacobo Epelbaum Matthew Paulini Rebert Glick 584 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: Members: Name Claudia Debra (Debi) Elsa Francinelee Gertrude Jessica Karen Kristen Laura Laura Leslie Maribel Marjorie Mercedes Nikki Regina Regina Roberta Rocio Applicants To replace Tiffany Lapciuc To replace Ana Kasdin Last Name Moncarz Quade Orlandini Hand Arfa Conn Edelstein Rosen Gonzalez Bruney Cullen Coller Quiala York Carlson Weisburd Suarez Berman Gould Sullivan Position/Title (TL 12/31/13) (TL 12/31113) (TL 12131113) Position/Title 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 12/31117 12131/2013 Commissioner Jerry Libbin 12/31/19 12/31/2013 Commissioner Jonah M. Wolfson 12/31113 12/31/2013 Commissioner Jerry Libbin 12/31/16 12/3112014 Commissioner Ed Tobin 12/31114 12/31/2014 Commissioner Jonah M. Wolfson 12131119 12/3112014 Commissioner Jerry Libbin 12/31115 12131/2014 Commissioner Jonah M. Wolfson 12/31120 12/31/2014 Commissioner Jorge Exposito 12/31113 12/31/2013 Commissioner Michael Gongora 12131/19 12/31/2013 Commissioner Deede Weithorn 12/31115 1213112014 Commissioner Jorge Exposito 12/31/16 12/31/2013 Mayor Matti Herrera Bower 12/31/13 12/31/2013 Commissioner Jorge Exposito 12/31118 12131/2014 Commissioner Ed Tobin 12131/15 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 ··-------··-·-· .. ·---· .. -------···-----·------· ..................... ___ , ____ ,_, ........ ____ , __ , __ ·--·------· .. -----·-----· ·--------- Annette Cannon Britta Hanson Diana Fontani Martinez Elizabeth Resnick Judith Berson-Levinson Marie Towers Merle Weiss Natalia Datorre Wendy Kallergis Barbara Morris Dale Gratz Eda Valero-Figueira Jennifer Diaz Maria Begonia Calcerrada Marjorie O'Neill-Butler Molly Leis Rebecca Boyce 585 Board and Committees Current Members Miami Beach Cultural Arts Council Composition: Three (3) years term. Sec. 2-51 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, 2.001, 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 I 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: Gary Farmer Vacancy: To' replace Ileana Bravo-Gordon Members: Name Last Name -·---··--- Beatrice Hornstein Charles Million Daniel Novel a Ed a Valero-Figueira Gregory Melvin Isadore Havenick Marjorie ONeiii·Butler Merle Weiss Nina Duval Zoila Datorre Applicants Annette Fromm Bradley Ugent Christina LaBuzetta Elizabeth Pines George Durham Jason Witrock Jenna Ward Position/Title TL 12/31113 TL 12/31/13 Position/Title 12/31/2015 City Commission Term Ends: Appointed by: Term Limit: 12/31!2015 City Commission 12131115 12131/2013 City Commission 12/31/17 12/31/2015 City Commission 12131115 12/31/2014 City Commission 12/31/14 12/31/2014 City Commission 12/31/15 12131/2013 City Commission 12/31/13 12/31/2015 City Commission 12/31115 12131/2013 City Commission 12/31117 12/31/2013 City Commission 12/31/13 12/3112014 City Commission 12/31/14 Position/Title Antoinette Zel Calvin Kohli Cyn Zarco Eugenio Cabreja Janda Wetherington Jean Fils Karlene Mcleod 586 ,v);~~.c<-· '>''-''-'' '•'~"-'<<;f-..¥."•-0A~: C:"-<:·~·'·--''"'~' __,.,, "--' ,;.-'.'f>''' .-.~,.'< Page 38 of 59 (Continued, .. Board and Committees Current Members Maria Cifuentes Marrero Mark Ba!zli Molly Leis Monica Minagorri Nicole Doswell Patti Hernandez Steve Berke Tuesday, Apri/23, 2013 Mark Alhadeff Michael McManus Monica Harvey Nathaniel Korn Oliver Oberhauser Robert Newman Tamra Sheffman 587 Board and Committees Current Members Miami Beach Human Rights Committee 2010-3669 Composition: The committee shall consist of a minimum of five (5) and a maximum of eleven (11) members, with one (1) out of every five (5) members, to be a direct appointment by the Mayor, and with the remaining members to be at-large appointments of the City Commission. The members of the committee shall reflect as nearly as possible, the diversity of individuals protected under the City's Human Rights Ordinance. In keeping with this policy, not less than two (2) months prior to making appointments or re-appointments to the committee, the City Manager shall solicit nominations from as many public service groups and other sources, which he/she deems appropriate, as possible. At least one (1) of the committee members shall possess, in addition to the general qualifications set forth herein for members, a license to practice law in the State of Florida; be an active member of and in good standing with the Florida Bar, and have experience in civil rights law. The attorney member shall also serve as chair of the committee. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http:/ /miamibeachfl.gov I 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 CilY MEETINGS section, located on the right hand side of the web page, 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 PositionJTitle -----···-·--·····-···· ----- Alan Bradley Carlos J Dr. Barry Elizabeth Monica Rachel Rafael Walker William Applicants Fishman Ugent Ortuno Ragone Schwartz Harvey Umlas Trevino Burttschell Warren Jr. Andrea Lisa Travaglia Dr. Andrew Nullman Lori Gold Prakash Kumar Tuesday, Apri/23, 2013 Law Position/Title Term Ends: Appointed by: Term Limit: ~--·-~---... -------·····~--·· .. ·-····-·- 12131/2013 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 12131/2013 City Commission 12/31/2013 Mayor Matti Herrera Bower Applicants Position/Title Christopher Amisano Ivana Vento Luis Herrera 12/31116 12/31/18 12/31/16 12/31/16 12/31/16 12/31/18 12/31/18 12/31/16 12131/16 12/31/19 588 / Board and Contmittees Current Members Miami Beach Sister Cities Program Sec. 2-181 Composition: The Coordinating Council is the governing body of the overall Sister Cities Program. The council shall consist of; one (1) representatives per Sister City affiliation and, nine (9) other members. All of these members are appointed by the mayor. The members of the coordinating council shall be persons who are interested in furthering the purpose of the program. Any person interested in furthering the purpose of the program may become a member of an individual sister city committee upon approval by the coordinating council. To qualify, the person shall present a resume and a letter of interest to the committee chairperson. These members are appointed by the Mayor of the City of Miami Beach for two (2) years. City Liaison: Diana Fontani Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: -·····--··-··---------·----··· .. ------·--··----.. ·-·----·-----·-----------·----.. ---------------·-·-------· Annette Fromm other 12/31/2014 Mayor Matti Herrera Bower 12/31/19 Bruce Reich Nahariya, Israel TL 12/31/13 12/31/2014 Mayor Matti Herrera Bower 12/31/13 Charlotte Libov other 12/31/2013 Mayor Matti Herrera Bower 12/31/20 Elaine Roden Basel, Switzerland 12/31/2013 Mayor Matti Herrera Bower 12/31117 Faye Goldin other 12/31/2014 Mayor Matti Herrera Bower 12/31118 Gary Twist Fortaleza Brazil 12/31/2014 Mayor Matti Herrera Bower 12/31/17 George Neary other 12/31/2014 Mayor Matti Herrera Bower 12/31116 Ileana Bravo-Gordon Rio de Janeiro, Brazil 12/31/2014 Mayor Matti Herrera Bower 12/31/19 Ivan Rusilko other 12/31/2013 Mayor Matti Herrera Bower 12/31/20 Jacobo Epelbaum other 12/31/2013 Mayor Matti Herrera Bower 12/31119 Jenna Ward Almonte, Spain 12/31/2013 Mayor Matti Herrera Bower 12/31/19 Jennifer Diaz Santa Marta, Colombia 12/31/2014 Mayor Matti Herrera Bower 12/31/19 Jessica Londono lea, Peru 12/31/2014 Mayor Matti Herrera Bower 12/31117 Michael McNamee Fujisawa, Japan 12/31/2013 Mayor Matti Herrera Bo•ner 12/31/20 Nuccio Nobel Cozumel, Mexico 12/31/2013 Mayor Matti Herrera Bower 12/31/16 Ray Breslin Brampton, Canada 12/31/2013 Mayor Matti Herrera Bower 12/31/16 Roberto DaTorre other 12/31/2013 Mayor Matti Herrera Sower 12/31/16 Stephanie Trinidad other 12/31/2014 Mayor Matti Herrera Bower 12/31/16 Wendy Kal!ergis Pescara, Italy 12/31/2013 Mayor Matti Herrera Bower 12/31119 Zeiven Beitchman other 12/31/2014 Mayor Matti Herrera Bower 12/31114 Applicants Position/Title Applicants Position/Ti tie ·--.. ·---··--·-··---·----·······-·-··-----····---·------.. ··-·-··-----········----··----·-·----------.. ---------- Ada Llerandi Ann Thomas Charles Million Darin Feldman Francesco Stipo Gregory Carney Josephine Pampanas Luis Iglesias-Ramirez Maria Rodriguez ·"'7<--'"-'"'-/-: 'L·,"-o~,..--h "' "''""~•v.~-.y.,-:~\.-.t;,%.• "'''".•k<~·oO.:N:#Y~ ~'<' O.•,;·.,;,w.,;::~<"</ ,>.,.;;.. .,., • .,_~~ ·>,,;,_,,,,'<, •,.>:!.,t.• •c~' • '·*'<.!·?:~cHn,--,, ~.,.., ""'"''"·• Tuesday, Apri/23, 2013 Ana Kasdin Bruce Klaiber Claudia Moncarz Dr. Andrew Nullman Gabriel Paez Israel Sands Luis Giraldo-De Ia hoz Marcella Paz Cohen Michael Rotbart 589 Board and Committees Current Members Michael Tichacek Raymond Adrian Walter Lucero Tuesday, Apri/23, 2013 Rabbi Daniel Sherbill Tamra Sheffman 590 Board and Comntittees Current Members Normandy Shores Local Gov. Neighborhood Impv. Sec 34·175 Composition: The Advisol)' 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 solfcit from the Executive Committee the eligibity list of its members for appointment consideration. The Advisol)' 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 /cityclerk/ scrol!.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: Victoria Kroger Members: Name Last Name Position/Title ---------------·--·-·--------""""""""""""---------------------- John Mark Ronald Applicants Bowes Wojak Loring Position/Title Term Ends: Appointed by: 1213112014 City Commission 1213112014 City Commission 12/31/2014 City Commission Term Limit: 12131/18 12131/18 12/31/14 Applicants Position/Title -------------------------------------------------------------------------------------- Andrew Fuller Jonathan Porcelli Miguel Antonio Aviles Sofia Emuriel David Alschuler Marie Towers Monica Minagoni Tegan Eve 591 Page 43 of 59 Board and Committees Current Mentbers Parks and Recreational Facilities Board Composition: The board shall be comprised of ten (10) members. Seven (7) direct appointments made by the mayor and each commissioner. Sec. 2·171 The chairperson of the following boards/committees or their designees shall setve as nonvoting ex- officio members of the Parks and Recreational Facilities Board: 1) Beautification Committee, 2) Golf Advisory Committee, and 3) Youth Center Advisory Board (See Beach Preservation, ex-officio member.) Members of the board shall demonstrate interest in the City's Parks and Recreational Facilities and programs through their own participation or the participation of a member of their immediate family. City Liaison: Kevin Smith Vacancy: Members: To replace Lizette Lopez 12/31/2013 Commissioner Jeny Ubbin Name Last Name Position/Title Term Ends: Appointed by: Term Limit: -----·-··--- (TL 12./31/13} 12/31/2014 Mayor Matti Herrera Bower 12/31/13 Amy Harriet Jonathan Kim Leslie Meryl Rabin Halpryn Groff Brown Eve Graff Wolfson 12/31/2014 Commissioner Jonah M. Wolfson 12/31/15 12/31/2014 Commissioner Deede Weithorn 12/31/2013 Commissioner Michael Gongora 12/31/2014 Commissioner Ed Tobin TL 12/31/13 12/31/2013 Commissioner Jorge Exposito Daniel Nixon Stephanie Rosen Stephanie Rosen Ex-Officio member Beautification Committee Ex-Officio member of the Youth Center Adv. Board Ex-Officio member of Golf Advisory Commttee Applicants Position/Title ----------------- Annette cannon Dana Turken Eleanor Carney George Durham Maria Cifuentes Marrero Mark Balzli Miguel Antonio Aviles Moni Cohen Peter Vallis Walter Lucero Wednesday, Apri/24, 2013 Christina Nicodemou Dolores Hirsh George Castillo Jason Witrock Maria Rodriguez Michael Steffens Mojdeh Khaghan Paul Stein Stefan Jr. Zachar 592 Position/Title Puge 44 of 59 12/31/17 12/31/20 12/31/15 12/31/13 Board and Committees Current Members Personnel Board Sec. 2·190.66 Composition: Ten (10) members appointed by a 5/7 vote. Six (6) of which shall be citizens of Miami Beach not in the employment of the city, each having a different vocation; and three (3) regular employees of the City of Miami Beach, to be elected by the probationary and regular employees of the city and who shall be elected from the employees of regular status in the respective groups: Group I shall consist of the employees of the Police Department, Fire Department and Beach Patrol Department, Group II shall consist of employees who are in clerical and executive positions, Group III shall consist of all other employees, The Personnel Director is a non-voting member. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http:/ /miamibeachfl.gov I cityclerk/scrol!.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 CilY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Carla Gomez Vacancy: Members: Name Gabriel Mojdeh Rosalie Christopher Diaz Evette Phillips George Castell Vacant To replace David Richardson To replace David Alschuler To replace Michael Perlmuter 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission Last Name Position/Title Term Ends: Appointed by: Paez 12131/2014 City Commission Khaghan 12/31/2014 City Commission Pincus 12/31/2013 City Commission elected 07/20/2011 exp. 7/31/2014-Group I elected 07/09/2012 exp. 7/31/2015 Group III elected 07/23/2010 exp. 7/31/2013 Group II Human Resources Director Term Limit: 12)31 /15 12/31/16 12/31115 Applicants Position/Title Applicants Position/Title Elsa Orlandini Harold Foster Laurie Kaye Davis Richard Preira Gail Harris Krtsten Rosen Gonzalez Lori Gold 593 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 I cityclerk/scro!! .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. Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Charles Urstadt General Business 12/31/2013 City Commission 12/31117 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 Bel off Attorney 12/31/2013 City Commission 12/31115 Robert Wolfarth Developer 12/3112013 City Commission 12/31/17 594 Board and Con1mittees Current Members Applicants Albert Mertz Alexander Annunziato Anthony Atala Brian Ehrlich Elizabeth Camargo Gary Twist Jeffrey Cohen Joshua Wallack Marina i'Jovaes Mario Courtney Noah Fox Ryan Homan Position/Title Applicants Alex Espenkotter Andres Asion Avi Ciment Dominique Bailleul Francis Steffens Guy Simani Jessica Conn Joy Malakoff Mark Alhadeff Muayad Abbas Robert Sena 595 Position/Title Board and Comntittees Current Members Police Citizens Relations Committee Composition: The committee shall consist of seventeen (17) members, fourteen (14) of whom shall be voting members. Sec. 2-190.36 The members shall be direct appointments with the Mayor and City Commissioners, each making two (2) individual appointments. One (1) non-voting ex-officio member shall be from the non-administrative personnel of the police department selected by a majority vote of the non administrative personnel. Two (2) additional non-voting ex-officio members shall be the police chief (or a designee) and the city attorney (or a designee). The chairperson of the committee or his/her designee shall serve as a non-voting ex-officio member of the Community Relations Board. The Police/Citizen Relations Committee shall be assigned to the Police Department. Recommendations for appointment to all voting and non-voting membership selected by the Mayor and Commission shall be obtained from; the Spanish American league Against Discrimination (S.A.L.A.D.); the League of United latin American Citizens (L.U.L.A.,C.]; The Anti-Defamation league, (A.D.L.); The Dade Action Pac; the National Association for the Advancement of Colored People (NAACP A); 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 Pollee Community Relations and their impact on the City of Miami Beach. City Liaison: Chief Raymond Martinez Vacancy: Members: To replace Michael Grieco 12/31/2014 Commissioner Michael Gongora Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ·····-·----·---·····---·---·--------.......... ---------_______ . _________ , ___ .. ,,., ___ ,. ___ .. .. Beverly Claire Dina Gianluca Glenda Hope Jared Jonathan Michael Mitchell Nelson Steven Walter Alex Bello R. Martinez Steve Rothstein Aberbach Warren Dissen Fontani Krongold Fuller Plitt Parker Perlmutter Korus Gonzalez Oppenheimer Lucero (TL 12/31/13) Non-adm. Personnel of the PD Pol1ce Chief City Attorney Designee 12/31/2014 Commissioner Jorge Expos1to 12/31!13 12/31/2013 Mayor Matti Herrera Bower 12/31/18 12/31/2014 Commissioner Jerry Libbin 12/31/14 12/31/2014 Commissioner Jorge Exposito 12/31/18 12/31/2014 Commissioner Ed Tobin 12/31/15 12/31/2013 Commissioner Jerry Libbin 12131/16 12/31/2013 Commissioner Deede Weithorn 12/31/15 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Commissioner Michael Gongora 12/31/20 12/31/2013 Mayor Matti Herrera Bower 12131/18 1213112013 Commissioner Ed Tobin 12131115 1213112014 Commissioner Jonah M. Wolfson 12/31117 12/31/2013 Commissioner Deede Weithorn 12/31/19 596 Board and Committees Current Members Applicants Alejandro Dominguez Barbara (Bunny) Patchen Christina LaBuzetta Erik Goldman Irene Valines Jessica Jacobs Laura Cullen Maria Begonia Calcerrada Melissa Mokha Richard Preira Steven Gonzalez PositionJTitle Applicants Alex Espenkotter Bruce Klaiber David Crystal Eugenio Cabreja Irene Valines Kimberly Diehl Laura Marilla Marina Aviles Rachel Schuster Rosemarie Murillo Likens Tegan Eve 597 Position/Title Board and Cont1nittees Current Members Production Industry Council Sec. 2·71 Composition: The council shall consist of seven (7) voting members, the Mayor and each Commissioner shall make one direct appointment. All regular members shall have knowledge of the fashion, film, new media, production, television and or recording industries of the city. Each of the six (6) industries shall be represented by at least one member, but no more than three (3) members, who are directly involved with that industry. City Liaison: Graham Winick Vacancy: To replace Joyce Production Members: Name Albert Allee Belkys Bruce Ivan Noreen Galbut Last Name Mertz Newhoff Nerey Orosz Parron Legault-Mendoza Position/Title Recording Industry Fashion (TL 12/31/13) Production Fashion News Media TV/Film Applicants Position/Title Christina Nicodemou Karlene Mcleod Natalia Datorre 12/31/2014 t<layor Matti Herrera Bower Term Ends: Appointed by: Term Limit: 12/31/2013 Commissioner Jerry Libbin 12/3i/20 12/31/2014 Commissioner Jorge Exposito 12/31/13 12/3112013 Commissioner Deede Weithorn 12/31/18 12/31/2014 Commissioner Ed Tobin 12/31/15 12/31/2014 Commissioner Michael Gongora 12/31/16 12/31/2013 Commissioner Jonah M. Wolfson 12131/17 Applicants Irene Valines Lisa Ware Paul Friedman 598 Position/Title Board and Committees Current Members Safety Committee Sec. 2·176 Composition: Committee consists of fourteen (14) members who shall be direct appointments, two (2) appointments shall be made by the Mayor and each Commissioner. The members shall have knowledge of and interest in the safety of the citizens of the city. Ordinance 2010-3710 requires that one of the two direct appointments by the Mayor and each of the City Commissioners be Citizen Emergency Response Team (CERT) certified. City Liaison: Sonia Bridges Vacancy: To replace Joel Aberbach To replace Baruch Sandhaus Members: Name Last Name Alfredo Rey Barbara Gillman Calvin Kohli Irene Valines Jane Hayes Jason Witrock Jeannette Egozi Jeff Gordon Jerry Marsch Marcella Paz Cohen Michelle Green Oren Lieber Applicants Jonathan Parker Michael Perlmutter Michelle Green Robert Blumenthal William Cahill Tuesday, Apri/23, 2013 Position/Title (TL 12/31/13) (TL 12/31 /13) Position/Title 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Commissioner Jorge Exposito Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Deede Weithorn 12/31/17 12/31/2014 Commissioner Jonah M. Wolfson 12/31/13 12/31/2014 Commissioner Jerry Libbin 12/31/16 12/31/2014 Commissioner Ed Tobin 12/31119 12/31/2013 Commissioner Jerry Libbin 12/31/17 12/31/2014 Commissioner Jorge Exposito 12/31/19 12/31/2013 Commissioner Michael Gongora 12/31/17 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Mayor Matti Herrera Bower 12/31/2013 Commissioner Deede Weithorn 12/31/2013 Commissioner Michael Gongora 12/31/2014 Commissioner Ed Tobin Applicants Position/Title Leah Rey Michael Tichacek Orlinda Perez Perez Silvia Rotbart 599 12/31113 12131/16 12/31/19 12/31/14 Board and Contmittees Current Members Single Family Residential Review Panel 2006-3529 Composition: The panel shall be composed of three (3) members, two of whom shall be architects an/or other registered design professionals, and one shall be a resident of the City, each to serve for a term of one (1) year. Panel members shall not deliberate in more than four (4) meetings per calendar year unless required due to inability to satisfy the quorum requirement. Panel members shall be chosen by the City Manager or designee on a rotating basis or as available from a list of not more than 20 architects and/or other registered design professionals, as well as a list of residents of the City. In developing the list of registered professionals, names should be submitted from the following associations: (1) American Institute of Architects, local chapter (2) American Society of Landscape Architects, local chapter (3) American Planning Association, local section (4) The Miami Design Preservation League (5) Dade Heritage Trust- Liaison: Thomas Mooney Vacancy: To replace Daniel Registered Design Prof. 12/31/2013 Vietia Jorge Gutierrez Registered Design Prof. 12/31/2013 (TL 12/31/14) Rafael Sixto Registered Design Prof. 12/31/2013 (TL 12/31/14) Members: Jimmy !Vlorales, City Manager Jimmy Morales, Oty Manager Jimmy Morales, City Manager Name Last Name Position/Title Term Ends: Appointed by: Term Limit: new member 12/31/2013 Applicants Position/Title Applicants Position/Title Oliver Oberhauser 600 Board and Committees Current Members Sustainability Committee 2008-3618 Composition: The Committee shall consist of seven (7) voting members, one each to be directly appointed by the Mayor and each City Commissioner. A Commissioner, appointed by the Mayor, shall serve as a non- voting member and shall serve as the chairperson of the Committee. The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to provide and promote genera! environmental improvement trends, or "Green Initiatives," and "Sustainable Development", which is herein defined as a pattern of resource use that aims to meet community needs while preserving the environment so that these needs can be met, not only in the present, but in the indefinite future. The Committee shall make advisory recommedations to the City Commission and the City Manager to promote Citywide Green Initiatives and to promote and provide plans for Sustainable Development in the City of Miami Beach. City Liaison: Elizabeth Wheaton Members: Name Commissioner David Debra Gabrlole 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 PositionJTitle Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Commissioner Jerry llbbin 12/31/20 12/31/2013 Commissioner Deede Weithorn 12/31/15 12/31/2014 Commissioner Michael Gongora 12/31/17 12/31/2014 Commissioner Jorge Exposito 12131/17 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 601 Position/Title Page 12/31115 12/31/16 Board and Committees Current Members Tennis Advisory Committee 2012-3773 Composition: The Committee shall be composed of severn (7) members, each of whom shall be a voting member who has demonstrated a high degree of interest, participation, and/or expertise in the sport of tennis. The Mayor and City Commissioners shall each make one direct appointment to the committee. The Mission of the Tennis Committee is to improve the lives of residents by promoting the development and sound management of public facilities dedicated to the sport of tennis in the City of Miami Beach and to make recommendations, as appropriate, to the City Commission and the City Administration. The powers and duties of the Committee shall be to provide advisory recommendations regarding the use, operation, management, and development of public tennis facilities to the City Commission and the City Administration for such action as the City Commission and the City Administration may deem appropriate. Two years after the September 12, 2.012 effective date of this Ordinance, the City Manager shall bring the provisions of this section before the City Commission for its review and consideration. City Liaison: Julio Magrisso Vacancy: Members: Name To replace Lizette Lopez Last Name l'osition!Title 12/31/2013 Mayor Matti Herrera Bower Term Ends: Appointed by: Term Limit: ---··----···----------··---·····-·-----·------·-···----·--·----·-------···--·- Carrie Johnson 12/31/2014 Commissioner Deede Weithorn 12/31/20 David Berger 12/31/2013 Commissioner Jorge Exposito 12/31/19 Dolores Hirsh 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 Gayle Durham 12/31/2014 Commissioner Ed Tobin 12/31/20 Jeffrey Forster 12131/2013 Commissioner Jerry Libbin 12/31/19 Tegan Eve 12/31/2014 Commissioner Michael Gongora 12/31/20 Applicants Position/Title Applicants Position/Title ----·--------·-·--------··-·-·--------·-·---------------· ·-----·····-···---··-----···-···--·----·-···~-- Kimberly Diehl Marlene Pross Michael Tichacek Stefan Jr. Zachar Steve Berke 2013 Laure Mckay Melissa Mokha Ronald Starkman Stephen Donnelly Vicki Petruzzelli 602 Board and Committees Current Members Transportation and Parking Committee Composition: Committee shall consist of fourteen (14) members. Sec. 2-190.91 The Mayor and City Commissioners shall each make one (1) appointment, with the other members of the committee to be composed of members from the following community organizations, each of which must designate a permanent coordinating representative: 1) Miami Beach Chamber of Commerce's Transportation and Parking Committee, 2) Miami Beach Community Development Corporation, 3) Ocean Dr. Association, 4) Miami Design Preservation League, 5) North Beach Development Corporation, 6) Mid-Beach Community Association, 7) Lincoln Rd Marketing, Inc., On an annual basis, the members of the committee shall elect a chairman and such other officers as may be deemed necessary or desirable, who shall serve at the will of the committee. Seven members of the committee shall consist of a quorum of the committee and shall be necessal)' 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 12131118 Eric Ostroff 12/31/2014 Commissioner Deede Weithorn 12/31/18 J.P. Morgan 12/31/2013 Commissioner Michael Gongora 12/31/14 Josephine Pampanas 12/31/2014 Mayor Matti Herrera Bower 12/31114 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 12/31/16 AI Feola Delvin Fruit Jo Asmundsson f'vladeleine Romanello Mark Weithorn vacant William "Bill" Hahne Applicants Amy Rabin Daniel Manichello David McCauley Eleanor Carney Rep. for the Ocean Dr. Imp. Assoc. 12./31/l 2 Rep. for Mid-Beach Community Assoc. -12/31/12 Rep. for MBCDC 12/31/12 Rep. for MBCC 12/31/13 Rep. for NBDC 12/31/13 Rep. for Lincoln Road Marketing Rep. for MDPL 12/31/13 Position/Title Applicants Position/Title ----·-----------·-------------------·--·---------·--------·--- Cheryl Jacobs David Alschuler Dorian Nicholson Gerhard Rima 603 Page 55 Board and Committees Current Members Gianluca Fontani Jacobs Jacobs Julio Lora Orlinda Perez Perez Sasha Boulanger Ivana Vento Jeffrey Feldman Laure Mckay Rima Gerhard Steven Oppenheimer 604 Board and Committees Current Mentbers 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 I cityclerk/scroll.aspx?id = 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CTIY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Grisette Roque. Members: Name Aaron Jaqueline Jeff Keith Margaret (Peggy) Micky Steven Applicants Last Name Position/Title Perry At-Large Hertz At-large TL 12/31/13 Lehman Hotel industry TL 12/31/13 Menin Hotellndustry Benua At-Large Ross Steinberg At-large Adkins At-large Position/Title ----------······----------··----------···-··· Albert Mertz Brian Richard Charles Million Christopher Amisano Diana Fontani Martinez Eric Lawrence Harold Foster James Lloyd Jennifer Diaz Joshua Wallack Karlene Mcleod Natalia Datorre Steven Gonzalez Term Ends: Appointed by: Term Limit: 12/31/2014 City Commission 12/31116 12/3112013 City Commission 12/31/13 12/31/2013 City Commission 12/31/13 12/31/2013 City Commission 12/31/15 12/3112014 C1ty Commission 12/31/17 12/31/2013 City Commission 12/31/15 12/31/2014 City Commission 12/31/14 Applicants Position/Title Antoinette Zel Calvin Kohli Christine Taplin Christopher Todd Dona Zemo George Castillo Israel Sands Jeffrey Graff Jonathan Porcelli Karen Brown Laure Mckay Seth Feuer Zahara Mossman 605 Board and Committees Current Members W ater:front Protection Committee Sec. 2-190.122 Composition: The committee shall consist of: seven (7) voting members, one appointed by the Mayor and each Commissioner, and three (3) non· voting ex-officio members to be comprised as follows: 1) Seven (7) citizens having an interest in the preservation of the city's beaches and the purposes of the committee, 2) The city's environmental specialist as an ex-officio member, 3) An individual appointed by the Miami Dade County Department of Environmental Resources Management (DERM), Natural Resources Division who holds the position of Special Projects Administrator II as an ex-officio member and, 4) A member of the city's Beach Patrol. City liaison: Elizabeth Wheaton Vacancy: Members: To replace Charles Fisher 12/31/2014 Commissioner Deede Weithorn Name Last Name Position/Title Term Ends: Appointed by: Term Limit: -·--·-····-····-······-----· .. ··-···------.. -· ---.. ·-··---············--·-· .. ····----------.. ·---·---·····------···-···------···- Barbara Jeffrey Matthew Morris Robert William Brian Fiynn Joe Fisher Margarita Wells Applicants Hershkowitz 12/31/2014 Feldman 12131/2013 Krieger (TL 12/31113) 12/31/2014 Sunshine 12/3112013 Kraft 12/31/2013 Cahill 12/31/2013 ex-officio, tiJiami-Dade Co. Dept of Env. Res, Mgmt. ex-officio, City's Beach Patrol Lifeguard II ex-officio, City's Environmental Specialist Position/Title Applicants Commissioner Jerry Libbin Mayor Matti Herrera Bower 12/31/14 12/31/19 Commissioner Michael Gongora 12/31 /13 Commissioner Jorge Exposito 12/31115 Commissioner Jonah M. Wolfson 12/31/16 Commissioner Ed Tobin 12/31/20 Position/Title ···--·-···"'"'"'"''"""""----··---------------·-·--··---··-------~---·------·---·· .. -... ----·--.. Alan Fishman Andrew Fuller James Weingarten Kimberly Eve Luiz Rodrigues Silvia Rotbart Tuesday, Apri/23, 2013 606 Board and Committees Current Members Youth Center Advisory Board Composition: The board shall consist of ten (10) members, Sec. 2·186 seven (7) of whom shall be voting members affiliated with the Scott Rakow Youth Center. Two (2) student resident users of the facility shall serve as non-voting ex-officio members; one (1) of these student users must attend a middle school, and the other must attend a high school. The director of the office of children's affairs shall serve as a non-voting ex-officio member. The chairperson of the Youth Center Advisory Board or his designee shall serve as a non-voting, ex-officio member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and Recreational Facilities Board. City Liaison: Ellen Vargas Vacancy: Members: Name Annette Dana Esther Jeffrey Michael Paul Stephanie Maria Ruiz Applicants Last Name Cannon 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 --·--··------·----- Aida El-Matari Rebecca Diaz Term Ends: Appointed by: Term Limit: 12/31/2014 12/31/2013 12/3112014 12/31/2014 12/31/2013 12/31/2014 12/31/2013 Applicants Commissioner Ed Tobin 12/31/18 Commissioner Jorge Exposito 12/31/15 Commissioner Michael Gongora 12/31/17 Commissioner Jerry Lib bin 12/31/16 Commissioner Jonah M. Wolfson 12/31/19 Mayor Matti Herrera Bower 12131116 Commissioner Deede Weithorn 12131/15 Position/Title Andrea Lisa Travaglia 607 City Commission Committees 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. Wednesday, April 24, 2013 Page 1 of 1 608 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 Wo!fsonian 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/lnter!ocal 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:ICLER\$ALLia City Commission\Non City Commission Committees 04172013.docx 609 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M DATE: May 8, 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. Design Review Board (1 vacancy) 3. Health Advisory Committee (1 vacancy) 4. Miami Beach Cultural Arts Council (1 vacancy) 5. 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/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. JM/REG ;(5' F:ICLERI$ALL\a City Commission\Commission Memo B & C FOR May 8-13.doc 610 Agenda Item Rq ft I Date 5-rg ... L3 THIS PAGE INTENTIONALLY LEFT BLANK 611 R9 -New Business and Commission Requests R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30p.m.) AGENDA ITEM: DATE: 612 THIS PAGE INTENTIONALLY LEFT BLANK 613 R9 ~ New Business and Commission Requests R9C Update On The Miami Beach Convention Center Project. (City Manager's Office) 614 Agenda ltem_.l.,.l.g--=-qc __ Date----=5";,__-....!:::..g -_;,1....::...3_ THIS PAGE INTENTIONALLY LEFT BLANK 615 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 May 8, 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 151 , 2013, for the Convention Center RFQ. Should you have any questions, please contact Leonor Hernandez at Extension 6437. ),)( ,11), Agenda Item RCf b Date 5":-S' -13 616 RESOLUTION TO BE SUBMITTED 617 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Jonah Wolfson, Vice Mayor DATE: March 28, 2012 SUBJECT: Agenda Item Please place on the May 8, 2013, Commission Meeting Agenda a discussion item to repeal 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. If you have any questions, please contact Leonor Hernandez at extension 6437. JW/Ih ,,,, .. v-,r< )J"i pnv ,n ,,. Agenda Item f< q E Date s:-g .... /3 618 THIS PAGE INTENTIONALLY LEFT BLANK 619 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 Brooks, 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 discussion 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 Welthorn, Commissioner City of Miami Beach Wo oro comrni/tod lo providing excel/en/ P('b/ic ssNico and sofely io u/1 who live, wo1k, and ploy in our vib1 620 Agenda Item ·~q F __ Date S-~-:-13 _ 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 flrm, It tells you where we think the stock market is headed and Why, This must-read report Includes our latest stock marl<et forecast, plus research and analysis you can use in your portfolio right now I~>, Click Here to Download '1 o or•Jer pre:r.cntatlo·'l·ro.:,dy CCJpies fer dlstnbutiun to your (X!Heague5. tliunts or e~.r&!omers wv."·.ane•o11n'" ~;otrl See a sample reprint in PDF format Order a repnnt of thls article THE WALL STREET JOURNAL. WSJ,C<lm OPINION Updated April 9, 2013, 7 21 p.m. ET Andy Kessler: The Pension Rate-of-Return Fantasy Counting on 7..5% when Treasury bonds are paying 1.74%? That's going to cost ta:tpayers billions. By ANDY 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, actuarially ~speaking. Federal bankruptcy judge Christopher Klein ruled on April1 that Stockton, Calif., can file for 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 $900 million. But in the likelihood that U.S. bankruptcy law trumps California pension law, Calpers might not ever be fully repaid. Getty Images 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 of California, taxpayers. http:/ /online.wsj .com/article/SB 1000142412788762110904578403213 83 5796062.html 04/10/2013 Andy Kessler: The Pension Rate-of-Return Fantasy-WSJ.com Page 2 of3 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 in Illinois use an average of 8.18% expected returns. According to the actuarial firm Millman, the 100 top U.S. public companies with defined benefit pension assets of $1.3 trillion have an average expected rate of return of7.5%. Three of them are over 9%. (Since 2000, these assets have returned 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 vvill earn 7.5% on its $255 billion anytime soon. The right number is probably 3%. Fixed income has negative real rates right now and will be a drag on returns. The math is not this easy, but in general, the expected return for equities is the inflation rate plus 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 get into the money- management business at Morgan Stanley . 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 ofthe 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 pigs 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 and 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 less money Calpers receives, and 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 the top 1% of taxpayers. State employers are facing so% contribution increases. Private equity has shuffled all the mattress and rental-car companies it can. Buying out Dell is the most exciting thing http://online.wsj .com/article/SB 100014241278876221090457840321383 5796062.html 04/10/2013 Andy Kessler: The Pension Rate-of-Return Fantasy-WSJ.com 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 make 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 Rep. 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, aformer hedge-fund manager, is the author most recently of "Eat People" (Portfolio, 2011). A version ~~{this article appeared April w, 20i,}, on pa[Je A13 in the U.S. edition c1fThe Wall Street Journal, with the headline: Tlw Pension Rate oF Return Fantasy. 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 oopyright law. For non-personal use or to order multiple oopies, please contact Dow Jones Reprints at 1·800-843-0008 or visit www.djreprints.com http://online.wsj.com/article/SB 1000 1424127887:62J 1 0904578403213835796062.html 04/10/2013 MIAMI BEACH OFFiCE OF THE MAYOR AND COMMISSION MEMORANDUM TO: CC: FROM: DATE: SUBJECT: Jimmy L. Morales, City Manager Jose Smith, City Attorney Jonah Wolfson, Vice Mayor April 1 1'h, 20 1 3 Discussion Item for May 8, 2013 Commission Meeting: Resolution of the Mayor and City Commission of the City of Miami Beach Pursuant to City Code Section 118-591 Declining To Pursue the Proposed Designation of 42 Star Island Drive As An Historic Site Please place on the May 8, 2013 Commission Agenda on item to discuss action by the City Commission to decline to pursue lhe proposed designation of 42 Star lslond Drive as an historic site, as per Letter to Commiss1on 119-2013, attached. By copy of this memo, I request the City A.ttorney to prepare a resolution declining to pursue this hiStoric designation to accornpony this item. If you have ony quE';stions, please do nol hesitate to contact my office at extension 6437. JW/Ih '.' I p;,':)n( $(.'r\;'(0 ,)!':J . Agenda Item R q G- ~,!I Date s-8-/3 624 & MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 t~,~-fia'pli~h~~ov \ ' t,_,... OFFICE OF THE CITY MANAGER r---· --·--~~- LTC NO.· 119-2013 TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April9, 2013 SUBJECT: Proposed Designation of the 42 St Island Drive as an Historic Site At the April 9, 2013 Historic Preservation Board directed Planning Department staff to prepare a formal Historic Designation Report for the proposed designation of the single family home at 42 Star Island Drive, as an individual local historic site. Pursuant to Section 118-591 of the City Code, when the Historic Preservation Board directs staff to prepare a designation report for a proposed new historic district or site. the Mayor and City Commission shall be notified of the board's decision and the initial boundaries proposed for designation. Within 60 days of the vote of the Historic Preservation Board to direct the Planning Department to prepare a designation report. the City Commission may, by a five~sevenths vote, deny or modify the proposed request for designation. as well as establish specific timeframes for the completion of the evaluation and recommendation and/or designation report. Within this 60 day period the City Commission may also, by a five-sevenths vote. deny or modify the proposed designation boundaries. The only scheduled City Commission meetings within this 60 day timeframe are on Aoril17, 2013, May 8, 2013 and June 5. 2013. Attached, please find a copy of the Preliminary Evaluation and Recommendation Report, prepared by the Planning Department, which outlines the initial evaluation of the proposed local historic site located at 42 Star Island Drive. Please advise if you would like this matter scheduled for discussion at one of these three available City Commission meetings. Attachment ( 1) J11/kw.Wit:.. JLM:J~RGLWHC F:\PLANI$ALL\GEN_CORA\INTEAOFfli.TC-42 STAR ISLAND OA.DOCX C: Jorge G. Gomez, Assistant City Manager Rafael E. Granado, City Clerk Richard Lorber, Acting Planning Director Gary Held, First Assistant City Attorney 625 m MIAMIBEACH TO: FROM: DATE: RE: HISTORIC PRESERVATION BOARD PRELIMINARY EVALUATION AND RECOMMENDATION REPORT HISTORIC PRESERVATION BOARD Richard G. Lorber, AICP, LE.f;Q,~~ ,c:;r_ 1 Acting Planning Director ffliCJ' _ _ ~L- April9, 2013 HPB File No. 7351: Possible Designation of 42 Star Island Drive -as a Local Historic Site BACKGROUND On October 9, 2012, the owners of the home located at 42 Star Island Drive submitted an application to the Design Review Board for the total demolition of the existing home and th.e construction of a new two story single family residence. The application came before the Design Review Board on December 4, 2012, and was continued to a date certain of February 5, 2013, in order to address the concerns expressed by the Board and staff. On December 19, 2012, the Miami Design Preservation League submitted an application to the Historic Preservation Board requesting that the Board consider initiating the process for the historic designation of the single family home located at 42 Star Island Drive as a local individual historic site. It has been determined by the City Attorney that under Sec. 118-591(a)(1) of the City Code, any organization whose purpose is to promote the preservation of historic sites has standing to request the initiation of the historic preservation process. At its February 5, 2013 meeting, the Design Review Board voted to continue the application for the proposed new residence at 42 Star Island Avenue to the March 5, 2013 meeting, at the applicant's request. On February 12, 2013, the Historic Preservation Board discussed the proposed designation of 42 Star Island Drive as an individual local historic site. At this meeting, the Board directed staff to prepare a preliminary evaluation and recommendation report for the structure located at 42 Star Island Drive. 626 On March 5, 2013, the Design Review Board reviewed and approved an application for a new proposed residence at 42 Star Island Drive. PRELIMINARY EVALUATION Historic Significance The existing residence at 42 Star Island Drive was constructed in 1925, and designed by prominent local architects De Garmo & Varney. Walter C. De Garmo, a native of Illinois, born in 1876, moved to Miami and opened a private architectural practice in downtown Miami, in 1904. Subsequently, he became the first registered architect in the State of Florida. In addition to his private design projects, such 'as the McAllister Hotel, Miami's first high-rise hotel, constructed in 1916, De Garmo partnered with other prominent local architects on several important projects in South Florida in the first quarter of the 20th Century. These works included his partnership with Varney in the design of the Miami Beach Community Church, on lincoln Road, in 1921, as well as the design of the J.W. Popham home, at 42 Star Island Drive, in 1925. In 1927, De Garmo partnered with distinguished local architects Phineas Paist and Denman Fink in the design of the highly celebrated 'Douglas Entrance', in Coral Gables. With the advent of World War II, De Garmo moved to Panama City, Florida, where he designed "Liberty Ships" for the war effort, before returning to South Florida in 1945, and reopened his private architectural practice. Walter DeGarmo died in Coconut Grove, in 1962. The 1925 residence at 42 Star Island Drive is a Classically influenced structure with Palladian symmetrical overtones. Both the street facing fa9ade as well as the bay front facade are distinguished by a strong three story central block flanked by long two story side wings, implying symmetry. This tripartite configuration was often found in the revival of Roman symmetrical planning during the late 19th and early 20th Centuries. On the primary facade, facing Star Island Drive, the strong three story central block of the home is divided into three equal bays. At the ground floor level, it projects forward to create a stately porte cochere with a three bay classically configured arcade facing the circular entrance drive. The second floor of this central block is distinguished on the primary facade by three handsome round arch windows, classically proportioned. The third floor of the central block was originally designed and constructed as an open loggia with classical balustrades between rectangular columns, supporting a hipped roof with barrel tiles. More recently, this covered third floor terrace was fully enclosed with multi-pane windows set in between the columns and the top rail of the balustrades. Flanking the dominant three story central block of the home, the two story side wings are of simpler design, defined originally by two story open verandahs capped by hipped roofs with barrel tiles. The original floor plan for this 1925 waterfront residence was essentially a long shallow bar-type plan, approximately 24' in depth, inclusive of the depth of the 627 open exterior verandahs. The bar is approximately 1 00' in length (spanning substantially across the pie shaped lot). At its center, the bar plan is crossed at its center by the deeper three story central block. The two story side wings of the home were designed with shallow depth to take full advantage of natural cross ventilation from the bay. This was an environmentally sensible design objective in the decades before air conditioning. The down side of this arrangement, however, was that the rooms were connected substantiaHy end to end in railroad car fashion making a more centralized circulation plan for the home impossible. Access to the rooms was substantially from the open verandahs. Unfortunately, the original gracious open air verandahs were later fitted with continuous windows so they could function as enclosed air conditioned corridors accessing the rooms. At the .north end of the home, the original plan varied in depth at the ground floor level to provide additional space for the kitchen and service areas. As viewed from the front entrance gates as well as from the waterfront, the 1925 De Garmo and Varney designed residence, despite insensitive but relatively modest later alterations, continues to project a stunning and gracious presence on Star Island. Standing out among other residences on the island, it clearly meets the visual definition of a 'landmark' structure in Miami Beach. In staffs opinion, there is no doubt that the existing residence at 42 Star Island Drive possess an integrity of location, design, setting, materials, workmanship, feeling and association and satisfies the evaluation criteria for local historic designation on several levels, including association with events contributing to the City's history; embodying the characteristics of a historical/architectural period: possessing of high artistic values; representing the work of a master architect(s), and; yielding information important in history. Notwithstanding the above, however, the Planning Department is very reluctant to recommend that the Historic Preservation Board direct staff to prepare a formal Designation Report for local individual designation as an historic site. This serious reluctance is entirely due to the very late date for initiating the designation process, at which time the owner of the property was already properly before the Design Review Board seeking approval of a new residence on the site. If designation had been initiated well prior to the current owner of the home purchasing the property, staff would not have the same reluctance in recommending the commencement of the designation. In that instance, the prospective home buyer would have been fully aware that the home could be historically designated, and could have made a decision of whether or not to proceed with the purchase accordingly. This unfortunately is not the case, and the current owner purchased the home with no expectation that it might become historically designated. While staff wishes very much that this rare early and highly significant residence in Miami Beach, designed by prominent architects De Garmo and Varney, could 628 be retained, restored, and even added onto in an appropriate manner, staff does not believe that local historic site designation of this property would be appropriate at this time. If however, the Board does direct the staff to prepare the designation report, staff is required under Section 118-591 (b) of the City Code to notify the City Commission of the Board's decision and the initial boundaries proposed for designation. Within 60 days of the vote of the Historic Preservation Board to direct the Planning Department to prepare a designation report, the City Commission may, by a five-sevenths vote, deny or modify the proposed request for designation, as well as establish specific timeframes for the completion of the evaluation and recommendation and/or designation report. For additional historical information relevant to the subject property, please refer to Appendix 'A' 'Preliminary Historical Resources Report,' prepared by Daniel G. Giraldo and Jeff Donnelly for the Miami Design Preservation League in February of 2013. RECOMMENDATION In consideration of the above Analysis of the Request, staff recommends that the Board not direct staff to prepare a Designation Report for the possible designation of 42 Star Island Drive, as an individual local historic site. 629 42 STAR ISLAND DRIVE HPB:7351 February 2013 p~ ·'AI PRELIMINARY HISTORICAL RESOURCES REPORT THE BUILDING The original owner of today's 42 Star Island Drive was J.W. Popham. C.R. Justi was the general contractor for the structure and Permit #1463 was pulled in September 1925. Plumbing and electrical permits followed in December 1925. The CMB building card lists the dimensions as: front 126 feet, depth 24 feet, height 29 feet, stories 2 for a 13 room residence and garage. The CMB building card lists the cost at $35,000, and the card does not show any significant modifications to the structure since its construction. HistoryMiami (formerly History Museum of South Florida) holds drawings and plans for "Residence for J.W. Popham, Miami Beach." There are 31 numbered drawings and several unnumbered. The first numbered drawing held there is dated August 10, 1925 and signed by Walter C. DeGarmo; this drawing is marked "void." The second drawing is dated August 25, 1925 and is signed by Walter C. DeGarmo AlA and George A. Varney. The unnumbered drawings dated in 1926 include plans for decorative ceilings with their assigned colors. From the beginning, 42 Star Island was recognized as distinctly representative of its period. In the winter of 1933, the Popham estate was one of six in Greater Miami listed as destinations for a popular house and garden tour program. The New York Times described the tours "to the gardens of notable estates within the Greater Miami area. (January 22, 1933)." 42 Star Island was the first of three Miami Beach homes on the tour and the second overall, after Villa Serena, a now-landmarked property in Coconut Grove. The size of the property and the building, their public visibility, their extravagant elegance, and their place in geography and time all argue for its significance as an irreplaceable piece of historical evidence and for a public process to determine that. 630 THE LOCATION OF THE PROPERTY AND ITS PLACE IN HISTORY Star Island is a man-made island originating from spoil excavated from Biscayne Bay adjacent to today's West Avenue and Bay Road on Miami Beach, John H. Levi, as President and Director, was the leading figure and guiding engineer of the Miami Ocean View Company which undertook the dredge and fill operation that created Star Island. Star Island, while not the first dredge and fill operation on Miami Beach, did represent a significant advance from earlier efforts which had added to already existing land masses. The recruitment of the Pophams to buy and build in such a prominent public location on Star Island represents the culmination of these promotional and development efforts by Fisher, Levi, and Highleyman at the end of the first great Miami Beach boom in real estate development. TIME 111 f '''f I ).;I\' ~, l h' !lr. ~1.\ti .\II~ I Levi had piloted Carl Fisher's boat around the southern end of the Florida peninsula, intending to meet Fisher in Jacksonville when, fatefully, he urged Fisher to join him in Miami. Levi was first elected to the Miami Beach Council in 1918, serving more than 20 years. Levi was also President of Miami Beach First National Bank. Later, John H. Levi, as Mayor of Miami Beach, appeared on the cover of Time Magazine (1940,02.19). The creator of Star Island, John H. Levi, is remembered today in the co-naming of Fifth Street on Miami Beach. Built at the end of the first great boom, 42 Star Island Drive was the culmination of Levi's realized vision. 631 THE ARCHITECTS George A. Varney's footprints in history appear more in litigation than in architecture; Walter C. DeGarmo is one of the most significant figures in South Florida's architectural history. The J.W. Popham residence on Star Island is marked on the drawings held at HistoryMiami as Walter C. DeGarmo's 238th Commission. It is one of several that he prepared for properties on Star Island and one of at least 32 he prepared for structures on Miami Beach. DeGarmo was a significant part of an architectural era. DeGarmo, who came to Miami by 1906, was the first registered Florida architect In the area. Among other significant buildings, DeGarmo is responsible for: Coral Gables Bank and Post Office, J.C. Penney Residence, McAllister Hotel, Hugh Matheson Residence, Miami Beach Community Church, Highleyman Residence, Coral Gables Administration Building, Ogden Residence, and his collaborations on the Douglas Entrance and Colonnade Building. Of the era, Beth Dunlop writes: "No era before or since offered up so many romantic possibilities for Florida. Though the finished products often reflected the spontaneous whims of the architects and the improvisational impulses of the craftsmen, they were persuasively old and excessively elegant" ("Inventing Antiquity: The Art and Craft of Mediterranean Revival Architecture," Journal of Decorative and Propaganda Arts, 23,190-207). The J.W. Popham residence is more restrained and neo- classical than other revivalist structures of the era, but it participates in that spirit of "excessively elegant." 632 Photo via exMiami, Curbed. THE OWNER James William Popham (1861 Hardin County, Kentucky -1951 Miami, Florida) JW Popham was a successful insurance broker who worked his way from humble beginnings in Kentucky to become a successful life insurance broker and an influential member of Atlanta Society. He was also one of the early owners of Miami Beach real estate, selling his original home to AI Capone before moving on to his final home of his own commission at 42 Star Island. Popham was born 150 years ago during the Civfl War in a small town in Kentucky. His highest level of education was gth grade, yet he worked his way to become one of the most successful insurance brokers in America. He held a series of managerial positions that would take him around the South, from Kentucky to North Carolina, Missouri, Oklahoma, and Dallas-with his positions published in several industry news outlets of the time. By 1906, Popham was listed as the 4th highest earning manager of 19 territorial managers across the US for Germania Life Insurance Company. In fact, he earned almost double the salary of the company's President at the time. (Annual Report of the Superintendant of Insurance of the State of New York-New York (State). Insurance Department, part 2. Page 74). In 1911, JW Popham was appointed State Manager for Texas by The State Life of Indianapolis. By that time, he was noted for his vast experience: "Mr. Popham comes to the State Life with years of experience and starts out to write not less than $5,000,000 of new business the first year" (The Spectator: An American Weekly Review of Insurance, Volumes 86-87, pages 84·85, published 1911). In 1886 he married Modesta Popham in Hopkinsville, Kentucky. In 1896, two of their three children died of membranous croup within 19 days of each other. (Atlanta Constitution March 18th 1896 "Lost Two of Their Children," page 9). Two years after the tragedy, Modesta gave birth to son Kimball. He would be followed by son Frederick and daughters Delphine and Dorothy. (Sources: 1900 & 1920 Census). In 1922 the family moved to Atlanta. Their 2 single daughters were introduced to society as "Lovely Members of Younger Set" in a 1922 profile by the Atlanta Constitution. The Popham family leased the home of JH Whitten on Peachtree road in Atlanta's fashionable Buckhead district. Dorothy graduated from Washington Seminary and subsequently attended Mrs. Semple's school in New York. She completed her education in Europe, where she spent several months travelling. Before moving to Atlanta, Miss Popham "was a student at the fashionable Miss Hockaday's school in 633 ..... . 111 ~ ~~ .~:rst!tttf,~' g, %r~·.~l~{:,.~~~~~~,11 ~/t~~ r~.~~~t~~' (1~-.b',W!~~ ~t\~~~~.~~ ~~':c~~i &l:~:~~~·~t~~\· 111~ {ltlttm1tr U. l~e Ot.:it~lm tumt, 1\lt. ttal r.~n. i'~Pt<\f! ~\~'t ~c:1r mort~! )liiO th• ht.m• oct H~. Jrl~ Alr'l, J, U. Wb lit~ 011 Puth\14~ r~d. -~~dr ll_tt~.~r~J!~rr4 • •' RG"PP.(j(jly.¢00 wth pt~rrlltt~ oft.'» c:.opy~lght O'Mlf'f. Fwt'ttr :tl~O.:!iitUOI\ Pfll'lilb11CM:I ~lWII fXitmltt!Of!:. Dallas, Texas. According to the announcement, "'Miss Popham and her sister, Miss Delphine Popham, have endeared themselves to a host of friends since their residence in Atlanta and have enjoyed a wide popularity with the younger social contingent" (Atlanta Constitution, Sep 17 1922, page E4 "Lovely Members of Younger Set"). Dorothy married FrankL Stanton, Jr, in 1925 at the family home on Peachtree Road in Atlanta. Her husband was a son of Frank l Stanton, who was the first poet laureate of the State of Georgia, a post to which he was appointed by Governor Clifford Walker in 1925. Frank's brother Val lived In Miami at the time of the engagement. Mr. Stanton was an advertising manager of the George Muse Clothing company and considered "one of Atlanta's well-known young business men." (Atlanta Constitution, Sep 20, 1925, "Miss Dorothy Popham Will Wed Frank Stanton, Jr 11 in October") Popham's affinity for Miami Beach was widely known and press about his travels helped build awareness for Miami Beach in its earliest years of development. "Mr. Popham left Atlanta last week to spend the winter at his magnificent Florida home on Palm island, off Miami, the place being one of the show spots of that city and abounding in excellent year-round fishing" (Atlanta Constitution, Oct 19 1924} StilT FlLED ON CAPONE'S 1\IIAMJ HOl\IE ' l.ctAIII•'Its Ti•n<J (JP;!.CummtFti•):S•p U,l9l8; James W Popham purchased 93 Palm Avenue from real tor ,;iu"rlli1roriu1N•wsv:~~:_:::~""..::;l~l-l9S~J Clarence Busch, who had built the home as an investment. Unknowingly, Popham later sold the house to AI Capone. Capone was not in search of a house, but was approached by hotel owner Parker Henderson Jr., son of a former Mayor of Miami and then Miami Mayor John Lummus, Jr, who was also a realtor. Seeing Popham's home, Capone was immediately hooked. Popham was furious when he found out through insurance records that Capone was to be the new owner of the house, as he had believed that he was selling it to Parker Henderson, Jr. (Source: Myalcaponemuseum.com) In 1928, JW Popham filed suit to foreclose on AI Capone's winter home. Popham alleged that he sold the property on Palm Island for $30,000 to Parker Henderson and that the Capones never paid the indebtedness or any part of it (Los Angeles Times: Sep 13, 1928, page 5). J. W. J>oplrnrn, Hunllnu and Flshlnu 1\Xtlert, Tells lntercillng Blg·Ctunr-Hunl Sturlc 1'1.-Atlall/<1 Collstlllltlnn (/fi}(J.fNJJ: Oct IIi, l~l4: l'roQuNI lli!torical Ncw•rnpcrsi\llnntn CuMtltutlon(l868 • 19Hl ~pltam, Hunting ~nd Fishing Expert, 1· Tells Interesting Big~Game-Hunt Stories I---.--- ,1, W. f'oplt~tn, l~l httnllng Ott~ flshlng c~~~rl, and hi$ $Cll, l'te~erlck Poph~m. dLipbylnK somo of !heir rne~st pri<td ltuul· In!(· ~ud tlsltlnt iropltles. Tha lroPhhu llldud• lhe. llto~nltd hu~ of ,. kl't~l \.H!I:.I\ "il•d In 'f'"u, "'~ two IUOUol<d >lb"om. W<IRhlo~ 'l:S JIOUnd~ u.:b. (~YP.ht erH the C>llloro!. tom. 634 SUIT FILED ON CAPONE'S MIAMI HOME: ... II • • . I Forcclo.mre · of J1i ortgnsn Sought' iu Liitgation Nnmlns Gnng Chief MIAMi (FinJ Stt!\t. 12. · (II')-A aul~ to rorcolCl.'Jo 11 moriRnil.' on tho wlnl<'r bO[nO hero of AI . Oni!Oll(l, Ohlongo lfllllS' lend~r. nnd rcq\IQ.~t thnt thn court nppohlt l\ reeo~vcr to tnka ovor the prop~rty pomlln!l mtgntJon, wero j\Jad in Dndo County Olrcult court bY J. w. PoJ)h~m. for· mer ownor, lli!Jllnllt' Pcwkor A. Jicn• uor$<1n, son of a tonnnr Mnyor ot Mltunl, nnrt Mrs. Mno 01\pott.,, Jomcd by her hU3bll1Ht, AI Cat,ono. FoDhl\lll In hi.:! Blll~ ~~t.s torLh lht\L Hendol'llotl l!ntorcd Into nn ''~~rN· m~nt to nurohnse thO P<~hn IslRnd llroport)' from him• tor $30,000. 'The lltdollte<!ncsa wtt~~accurccl bl' n mon- !riH.lO (teed · 011 tho hous» .• nnd lot. Three lJromissory notes o, $10.00G enen wcro .signed bY: Hondcr~ol\ tor. ~lio proporty nna tho dell! wns con• summntcd en April 2. llll!t. Tho OnPone.~ Af6 mentioned in the BUt~ ns nonresll!en~ or :oatt~ couo~f w1th tholr ltanl tc:ild~ncc bcllevecl to bo In cook' coun~y, 111· ll'tol8. H~ntl~~t,Jll is called an nl!'ant ror ~ho Cllpone.f tn ·tho tm~U~~ot.lon .. The detcnal'.niJJ also, ac:coraJng to tho suit, hova 1ntl(!d and refused to p~f tho lndcbtedncsa or nny part of u. . , . Repre<luoed wnh pamJiunlon or the C?pyri~hl C>Wnet. Further. Popham was known as an expert hunter and fisherman. At 63 years old, he recounted some of his adventures to the Atlanta Constitution in 1924. He described his greatest hunting prize, a giant deer of 300 pounds captured in Texas that hung in the family home in Atlanta: "Mr. Popham stood on the side of a hill, and with a Remington .30 calibre automatic rifle, bowled over the big beast as he stood on an opposite hillside 400 yards away across a valley". (Oct 19 1924 Atlanta Constitution, page 7) At the age of 64, Popham commissioned Walter DeGarmo to build 42 Star Island, which would be his most elegant and final home in Miami Beach. It would serve as his Florida base until his death in Miami in 1951, at the age of 90. In the 1930 census, JW Popham's home was valued at $70,000. Popham, 69 years old at the time, was listed as still working as an insurance broker. He lived at the home with his wife, daughter Delphine, and the family cook and gardener. Modesta Popham {1860 -1957) Modesta Popham was a well-regarded socialite of Atlanta and Miami Beach. Born the year before James W Popham in a nearby town in Kentucky, Mrs. Popham married James in 1886. They would spend 65 years together before James's death in Miami in 1951. One incident demonstrates that Mrs. Popham believed that land use decisions deserved public participation and that women should be part of the process. In 1909, Mrs. Popham joined her Atlanta neighbors in opposing the construction of what they believed to be an out-of-place hospital near her home. The objection was published in the Atlanta Constitution: "The section is exclusively a residence section and has been built up with splendid homes, much of the property being purchased subject to building restrictions, and improved in the faith that no objectionable buildings or institutions would be erected in the community. While the proposed institution is a notable charity with which we sympathize, we feet that it would succeed as well located elsewhere; that its location at said site would be decidedly unpleasant to us and would be a very great disadvantage to our property, and if located at this particular place, a very great disadvantage to our community. We earnestly request that you abandon this location and seek another." (Atlanta Constitution, Oct 7, 1909, page 6, "Objection is Made to Hospital Site") Mrs. Popham's social outings were documented in both the Atlanta Constitution and the Miami News, (Atlanta Constitution, March 26 1923, Miami News, March 24 1927). Mrs. Popham died in Miami in 1957 at the age of 97. The Popham family, typical and yet distinctive among the newly rich families recruited by Fisher and his partners to bring wealth and social prominence to Miami Beach in the 1920s, played, by their presence, a significant role in the history and development of Miami Beach. 635 SUMMARY This preliminary survey demonstrates the capacity of the available resources to document the public's interest in the possible historic designation of the property. Daniel G. Ciraldo Jeff Donnelly Miami Design Preservation League Attachments Building CC)rd for 42 Star Island Drive New York Times, January 22, 1933. 636 637 638 en w <0 •> ~ 1 -_ :: .. ~~ •'f:la.twt!.~ BUILDING PEIDUTS: .=.5? .. ,~ #B8801204 -8-.31-88 -Aqua Clear Pools -22,710 gal poo¥ anti '1150 sq. ft. paver pat -$18,000.00 ~{1 _,,~.-. \,.,7~~l #M890038l -Aqua Clear Pool -Violation, no permit, nooltheater, manqatory fine 303.3 -2-3-89"'~ <of ~~c-c.,~·;''' \' J c '-".. .!') .. · ... -:-'"~-·· . ;-~ -~~ "~ ~)~~~i ,/ · •. ;.. ·..:-~~'"'' ~ .< '.~:,;,v'· ,J ·' ·t-:, "'.,~{;.:'~: . ~-l: ~ -·. :::.~~~~#. PLUMBING PERMITS; #P8801267 -Aqua-Clear Pools ;.~Dl.:;~ .. ~~~rge well, pool_piping -#P8800ll8 -Peoples Gas -1 Met~_t:~s,,~t (gas) -11-8-88\J>y· 9-16-88 ~~· :;~,~;1:~~ \~·-."'· ~ ,[~<:·.<:~.{· ·-:.~~~.--· .}~"' {-)._ ";,;, ELECTRICAL PERMITS: "'':~~~;;· ,'<o #: E8 8 0 ~.J,l ~ .. ,;;;.:. 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Coeo!~r;ho «'J~~J<.y, m~ r~. ai!~t.c it» b~ 1 : !ll,r.l:d.Ol.~TIU:e<Jl, !.lflu<!!<h <9s~tall"tahnh~~ t~ lhoPI\.IIr lftr:l~%1~~ b. err<:& iow ~~tl.k11k; ~2H.f rruot:m blle ~~e.:ve~:e1 o~::ow"rt(\lol'ltilii~ ·'Wm :le~·:G\ill.'® \tlh<"' JMtni?.wJ.~ Ji?,~!tif~r,~[Jlli'G~ AlHJIC!a~tl':JI ~.li!!tU'llfiO <Ch:etmpiioi11l<>'hi1Plll <etrl?J.If;h, !Jl!l'Q:<ill!l<t:J?."•a<dl by !t~n's ltll©&•ffl!~ Y~ai'-Jf't.tU~'CIITMl (ORuhD, '.wm >!l>)!l>!:.l;ll~ iliJlil'tHl<l£'1r'OW ot\ Ua~<i t(')[)Uct,g of th~E< !l•l!:&.zll'il~ Bmxf.lrol£'e Coms~lr:'f' Ch.\b, (~(.;;~<f;l.\ l(t-r;.~bh;~ 1 iQ ~CW1.S:i.xttll!!C \to J' :11l~l. ~!), g:(ll!.;!,ii;;::sJ <'.'.l~dl :riio~Rb:ie;;,.~ evteratrl wm feature th~ toUll'!l.l!!',l!EA:l?l'lht, 'ir.ih~ iDfi:!'lf',ilr&J~~ '!l'Jh::n:'i.~~, t0 b'"' awa~·:;')lrardl the lblailH)l~ OOliTill•l') ·~rr·opx;\~r ~-r~I.H!:nt~cl k~y Rif!rffi?'JI' JG, fJbt ~euvifol'k ftnmt$ Puhlished: January '):J, 193a Copyright© The New York Timeu 640 RESOLUTION NO. 2013-__ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH PURSUANT TO CITY CODE SECTION 118-591 DECLINING TO PURSUE THE PROPOSED DESIGNATION OF 42 STAR ISLAND DRIVE AS AN HISTORIC SITE. WHEREAS, on approximately September 17, 2012, Dr. and Mrs. Leonard Hochstein obtained title to the home located at 42 Star Island Drive, Miami Beach, Florida; and WHEREAS, on October 9, 2012, the Hochsteins submitted an application to the Design Review Board for the total demolition of the existing home and the construction of a new two story single family residence at that property; and WHEREAS, the existing home at 42 Star Island Drive was constructed in 1925, and designed by prominent local architects De Garmo & Varney; and WHEREAS, the application came before the Design Review Board on December 4, 2012, and was continued to a date certain of February 5, 2013, in order to address the concerns expressed by the Board and staff; and WHEREAS, on December 19, 2012, the Miami Design Preservation League ("MDPL") filed an application with the Planning Department requesting that the Historic Preservation Board consider initiating the process for the historic designation of the single family home located at 42 Star Island Drive as a local individual historic site; and WHEREAS, under Section 118-591 (a)(1) of the City Code, any organization whose purpose is to promote the preservation of historic sites has standing to request the initiation of the historic designation process; and WHEREAS, at its February 5, 2013 meeting, the Design Review Board voted to continue the application for the proposed new residence at 42 Star Island Avenue to the March 5, 2013 meeting, at the applicant's request; and WHEREAS, on February 12, 2013, the Historic Preservation Board discussed the proposed designation of 42 Star Island Drive as an individual local historic site. At this meeting, the Board directed staff to prepare a preliminary evaluation and recommendation report for the structure located at 42 Star Island Drive; and WHEREAS, on March 5, 2013, the Design Review Board reviewed and approved an application for a new proposed residence at 42 Star Island Drive, and has issued an Order ("ORB Order") in file no. 22936, with respect to proposed new construction and demolition at 42 Star Island Drive; the DRS Order was dated and rendered on March 6, 2013. WHEREAS, under City Code section 118-168, the issuance of the ORB Order has created a presumption of temporary equitable estoppel, subject to the ORB Order becoming final, against land development regulation amendments, as further explained in that section. Included in the term land development regulation amendments is an amendment to the City Code and/or zoning map designating the existing structure on the Property, and/or the Property, as historic; and 641 WHEREAS, after the ORB Order becomes final, a permanent presumption of equitable estoppel arises, protecting the Property against the imposition of certain amendments to the land development regulations that would affect the Property, including historic designation (as long as the ORB Order remains valid or is implemented); and WHEREAS, on March 26, 2013, the Miami Design Preservation League ("MDPL") filed an appeal of the ORB Order as provided in City Code section 142-1 08(g), which will be heard by a special master of the City of Miami Beach, in accordance with the procedures of the City Code. Thereafter the appeal may be reviewed in Circuit Court, if a further appeal is filed; and WHEREAS, even though, on April 9, 2013, the HP Board instructed staff to prepare a designation report on the Property, zoning in progress does not attach, and the procedures for HP Board review of certificates of appropriateness, and certificate of appropriateness for demolition at the Property, as provided in Chapter 118, are not required, due to the presumption of temporary equitable estoppel discussed above. In the event the ORB Order is reversed, however, pursuant to an order that becomes final following adjudication by the special master or a court of competent jurisdiction, the presumption of equitable estoppel would expire, zoning in progress would take effect, and such procedures would be required, which could affect the issuance of demolition and building permits for the Property; and WHEREAS, a process for review by the Mayor and City Commission of decisions rendered by the Historic Preservation Board when that Board instructs staff to prepare a designation report in connection with an application to designate a property within the City historic has been established under Section 118-591 of the City Code; and WHEREAS, in order to take action pursuant to Section 118-591 (b), a 5/7 1h vote of the City Commission is required; and WHEREAS, the City Commission has determined that the Hochsteins could not have reasonably expected that the home on the property they purchased would be involuntarily designated historic, based on the long standing practice and policy of the City not to involuntarily individually designate single family homes within the City; and WHEREAS, involuntary designation in the City requires at least five public hearings, before the Historic Preservation Board, Planning Board and City Commission, before a final decision can be made on designation; and WHEREAS, the City Commission has determined that it would be highly inequitable for the designation process to continue if five members of the City Commission could not support the designation of the property under the circumstances; and WHEREAS, the purpose of the City Commission's review under Section 118-591 is to avoid a long process of multiple public hearings if inevitably the Commission would vote against designating the property historic; and WHEREAS, the City Commission, at the City Commission meeting of April 17, 2013, after being duly advised, by a vote of , has determined that declining to pursue, and thus denying, the proposed designation at this stage of the designation process is appropriate under the circumstances. 2 642 NOW THEREFORE BE IT RESOLVED THAT the Mayor and City Commission hereby decline to pursue and thus deny the application of the Miami Design Preservation League to designate the property at 42 Star Island Drive historic, for the reasons stated above. PASSED AND ADOPTED, this __ day of------' 2013. ATTEST: MAYOR CITY CLERK F:\A TTO\HELG\LITIGATION\42 Star Island Dr\City Commn resolution re designation 4-11-13.doc 3 643 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy L. Morales, City Manager FROM: Jorge Exposito, Commissioner DATE: April 18,2013 SUBJECT: Discussion Item-Hibiscus Island RFQ Please place a discussion item on the May 8, 2013 Commission Meeting regarding an update and status of the Hibiscus Island RFQ involving the undergrounding of overhead utilities plus street and drainage improvements. JE/Iw ;~ 'f' c~ i,,.<,.,, •. J {,,1 50f'I·'CO ond Agenda Item Rq 1-l ---'--;..._:,.;...:.._ __ Date_~S"---=;.'6_-/t.....3~ 644 THIS PAGE INTENTIONALLY LEFT BLANK 645 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION To: From: Date: Jimmy Morales, City Manag~:-~ Matti Herrera Bower, Mayor ---ff{l::;/ April 30, 2013 MEMORANDUM Re: Discussion Regarding Request to Waive Rental of Colony Theatre for the Film Life Foundation Please place on the May 8, 2013 City Commission Agenda an item to discuss a request to waive the rental fees for the Colony Theatre for the Film Life Foundation, a non-profit which is producing the American Black Film Festival, June 19-23, 2013. Now in its seventeenth year, the Film Festival attracts a cross-section of affluent business, entertainment and political attendees during Miami Beach's off-season. Should you have any questions, please contact Gabrielle Redfern at Extension 6157. Thank you. MHB/fgr Agenda Item R Cf L Date 5-f-/3 646 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING SPACE RENTAL CHARGES IN AN AMOUNT NOT TO EXCEED $7,900.00 AT THE COLONY THEATRE FOR THE FILM LIFE FOUNDATION, A NON- PROFIT WHICH IS PRODUCING THE AMERICAN BLACK FILM FESTIVAL, FOR THE FESTIVAL'S EVENTS TO BE HELD JUNE 19- 23, 2013. WHEREAS, the American Black Film Festival is an independent film festival that focuses primarily on works by Black members of the film industry; and WHEREAS, established in 1997, the core mission of the Festival is to showcase quality Black films and promote cultural diversity in front of and behind the camera; and WHEREAS, the Festival is held annually in Miami Beach and features full-length narratives, short films, mobile entertainment, and documentaries, all by and/or featuring Black writers, directors, actors, and actresses; and WHEREAS, over the course of the Festival, there are numerous events held throughout the City including an opening ceremony, three days of screenings, actors' and directors' workshops and symposiums, an awards ceremony, and a day of events that will be free and open to the public; and WHEREAS, the Festival attracts top-tier talent and approximately 5,000 Festival goers to this annual event. 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 space rental charges in an amount not to exceed $7,900.00 at the Colony Theater for the Film Life Foundation, a Non-Profit which is producing the American Black Film Festival, for the Festival's events to be held June 19-23, 2013. PASSED and ADOPTED this ___ day of May, 2013. ATTEST: Rafael E. Granado, City Clerk F:\ATTO\TURN\RESOS\ABFF Colony Rent Waiver RESO.docx 647 Matti Herrera Bower Mayor APPROVED AS TO FOPM & LANGUAGE & FOR EXECUTION MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Jerry Libbin, Commissioner DATE: April 30, 2013 SUBJECT: Agenda item for the May 8, 2013 Commission meeting; Please place on the May 8th Commission agenda, an item to authorize funding for the City's proportionate share of the estimated $62,000, as recommended by the Finance and Citywide Projects Committee, for a full time registered nurse with benefits subject to the other neighboring municipalities also contributing their proportionate share of the expenses. The nurse will benefit North Beach Elementary, Treasure Island Elementary and Ruth K. Broad Bay Harbour Elementary and the City's proportionate share is approximately $29,000. We also have a grant matching opportunity offered by Health Foundation of South Florida to double the funds if we are able to demonstrate that the City has allocated its share of the money and has received commitments from the other municipalities to also allocate their share of the money. Please contact my office at ext. 7106 if you have any questions. Attachments Jl/er We om commilteJ io prc,viding <"Xcc•liijjl/ pubi-c. sorvic<:> and .\o(ely to oil who fiw:-. work, and ploy In our vibl'l 648 Agenda ltem___._B ....... q"'"""r~· _ Date S~~-13> -=-...;.._.;.=.. __ Schools' Nurse Update On December 20, 2012, the Finance and Citywide Projects Committee met to discuss the motions made by the Quality of Education Committee during their September meeting (October 24, 2012 Commission Item R9N). The Committee recommended funding the City's proportionate share of the estimated $62,000 for a full time registered nurse with benefits subject to the other neighboring municipalities also contributing their proportionate share of the expenses. The City's proportionate share is approximately $29,000. This is to be done for one year and analyzed again when preparing the operating budget going forward. Following the recommendation of the Committee, the Interim City Manager drafted a letter to each of the neighboring municipalities informing them of the City's initiative. Dr. Leslie Rosenfeld has been charged with coordinating this joint effort between the City of Miami Beach, North Bay Village, Town of Surfside, Town of Bay Harbor Islands, and Sal Harbour Village, to converge efforts to secure the funding needed for the Registered Nurse (approximately $65,000 per The Children's Trust). The funding would allow an RN to be at each of the aforementioned schools at least 1-2 times each week. The RN will rotate daily between each school (or as per Trust recommendation) so that accessibility is equal amongst the three schools. Currently, these schools do not have any type of on site medical care for the children. Dr. Rosenfeld has reached out to the principals at each of these schools through MDCPS district staff to ensure a designated space is available for the RN to provide services to the children. Dr. Rosenfeld has met with each neighboring City Manager to discuss this partnership. To date, funds have been secured as follows: • Town of Surfside committed $7,222 at the March 12, 2013 Commission meeting • Town of Bay Harbor Islands committed $7,222 at the April 8, 2013 Commission meeting • Bal Harbour Village committed $7,222 at the April16, 2013 Commission meeting North Bay Village will meet on May 21, 2013, to discuss funding this Initiative. Additionally, the Miami Beach Chamber of Commerce applied for a grant through AETNA to partially fund health care in our underserved schools and was awarded funds in the amount of $30,000. If the amount recommended is$ 65,000 for a full-time RN, the following would apply: $21,666 City of Miami Beach for North Beach Elementary $8,666 City of Miami Beach for Treasure island Elementary {40% of cost) $12,999 City of North Bay Village for Treasure Island Elementary (60% of cost) $21,666 Surfside, Bal Harbor, Bay Harbor for Ruth K. Broad Bay Harbor Elementary (100% of cost divided by 3 municipalities at $7,222 each} 649 R10 CITY ATTORNEY REPORTS lrl MIAMI BEACH ""="" City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gav COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Memb~rs of the City Commission FROM: Jose Smith, City Art2t n . .vtf·./ _ /~v May 8, 2013 ,, /. ~-··. / t DATE: SUBJECT: City Attorney's Status Report LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT 1. JPMorgan Chase Bank, National Association vs. Asset Preservation Trust Services, et £L Case No. 13-10661 CA 24 (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 1750 Bay Drive, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on April 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 April 2, 2013. 2. Jose Pagan v. City of Miami Beach and James Nolan, Case No. 13-10713 CA 31 (Circuit Court-11lh Judicial Circuit in and for Miami Dade County). The City was served with this complaint on April 2, 2013 alleging that on April 18, 2009, the plaintiff, Jose Pagan, was falsely arrested and intentionally struck by CMB Officer, James Nolan, at Ninth Street and Washington Avenue, in Miami Beach. Plaintiff is alleging damages for bodily injury, pain and suffering and mental anguish. We shall answer the complaint, propound discovery and file a motion to dismiss. 3. Aaron Lucas v. City of Miami Beach, Case No. 13-05587 CA 24(Circuit Court -11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on April 4, 2013 alleging that on September 6, 2009, the Plaintiff, Aaron Lucas, was walking in the vicinity of 5th Street and Jefferson Avenue in Miami Beach, when he was suddenly and unexpectedly shot in the arm with a taser gun and punched by City of Miami Beach Police Officers, placed in the back of a Police Van for approximately three hours by said officers before transportation to the Miami Beach Police Station. During that three hour period, he allegedly was forced to endure additional physical and mental abuse at the hands of the police officers. He is alleging use of excessive force and false arrest and failure to provide medical care and treatment. He is alleging damages of bodily injury, pain and suffering, mental anguish and loss of enjoyment of life. We shall file our answer to the complaint and propound discovery. 651 Agenda Item g J 0 A Date ~-'8~13 City Attorney's Report MayB, 2013 Page2 4. Sun trust Mortgage, Inc. vs. Cristian Moreno. et al., Case No. 13-10717 CA 23 (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 3-C, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on April 4, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April 15, 2013. 5. JPMorgan Chase Bank, National Association vs. Kevin J. Smith, et al., Case No. 13- 9400 CA 30 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 1100 West Avenue, Unit 923, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on April 4, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April 15, 2013. 6. JPMorgan Chase Bank. National Association vs. The Pavillion Condominium Association. et al., Case No. 13-11967 CA 24 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 5601 Collins Avenue, Unit 1220, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on April 9, 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 April17, 2013. 7. Harold Kramer v. City of Miami Beach and FOOT, Case No. 13-12932 CA 08 (Circuit Court-11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on April 11, 2013 alleging that on May 27, 2009, the Plaintiff, Harold Kramer, tripped and fell on the sidewalk of the 2800 Block of Collins Avenue, Miami Beach, FL due to the negligent maintenance of the sidewalk at that location. The plaintiff is alleging injury, mental pain and suffering and loss of income. The Plaintiff is suing both the City and FOOT. We shall file our answer to the complaint and propound discovery to the plaintiff. In the event that discovery reveals that the location of Plaintiff's fall is owned and maintained by FDOT and not the City, we shall file a motion to dismiss on the grounds that the location is not owned or maintained by the City and consequently, the City is not liable and owes no duty of care to the plaintiff. 652 City Attorney's Report May 8, 2013 Page3 8. Seattle Bank vs. Aristides A. Rodriguez, et al., Case No. 13-11863 CA 01 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 912 W. 39 Place, Hialeah, Florida. The Summons and Verified Complaint were served on the City on April 15,2013. 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 17, 2013. JSISHRJEB/Ir F:\ATTO\AAOFF\AAOFF\FILE.#S\2013\Status report CAO 050813.docx 653 THIS PAGE INTENTIONALLY LEFT BLANK 654 REPORTS AND INFORMATIONAL ITEMS -..... CD 3 en 1. Reports and Informational Items (see LTC No. 158-2013) Agenda Item / ------Date 5"-f?-13 656 THIS PAGE INTENTIONALLY LEFT BLANK 657 J\,~IAMIB OFFICE OF THE CITY MANAGER NO, LTC# 142-2013 LETTER TO COMMISSION To: From: Date: Mayor Matti Herrera Bower and Members of the City Commission Jimmy L. Morales, City Managerfl / • April 24, 2013 ( '-- Subject: List of Projects Covered by the Cone of 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 from the date the solicitation is advertised as indicated below, through date of award by City Commission. RFP-14-11/12 RFP-54-11/12 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 th Street And Lenox Avenue, Parking Lot #26 On North Lincoln Lane, Between Lenox Avenue And Michigan Avenue, And Parking Lot #27 On North Lincoln Lane Between Jefferson 1/17/2012 Avenue And Meridian Avenue The Provisions of Credit Card Merchant 9/12/2012 Processi Services RFP-01-2013ME 12/24/2012 Unarmed Guard Services Maintenance and Security Services RFP-06-20 13TC 12/24/2012 on a at the Lincoln Road Mall The Construction of Beachwalk Phase II ITB-018-2013TC 3/15/2013 From South Pointe Drive To 3rd Street Sunset Harbour Pump Stations Retrofit and lTB-060-2013TC 3/01/2013 Drai elm ments Emergency Management Administrative RFP-065-2013TC 4/17/2013 Su rt Services ITB-068-2013MF 3/7/2013 Purchase of Water Meters 658 City Manager's Office Finance Citywide Public Works CIP CIP CIP OBPI Public Works Agenda Item _;1.~__,.. Date 5-8'-1 ~ Date Document Advertised Number and Issued Document Title I c t ons rue Jon M anager At R k F IS 1rm T 0 Provide Pre-Construction Services Via A Guaranteed Maximum Price (GMP) Amendment For The Scott Rakow Youth Center Ice Skating Rink, Mechanical RFQ-022-20 13TC I 12/14/2012 Repairs, And Building Renovations Audit Services For An Audit of The City's Capital Improvement Projects Administered By the City's Capital Improvement Projects Office And Other ' RFP-064-2013LR 2/22/2013 City Departments I ' Comprehensive Professional Tennis I Management and Operation Services at ' the City's Flamingo and North Shore Park I RFP-095-20 13M E 2/14/2013 Tennis Center Estimated ' Issuance Emergency Repairs for Water, Sewer and ITB-113-2013LR 5/3/2013 Storm Water Pipe Break I 1 Routine and Emergency Sanitary Sewer 1 I 1 and Storm Water Pipes Cleaning and I Closed Circuit Television (CCTV) ITB-145-20 13LR 4/1/2013 Inspection Services ' ' RFP-157-2013LR 4/24/2013 Gymnastic Program Instruction Services I Estimated ' ' Issuance i ~B-171-2013TC I 5/3/2013 Playground Fence at South Pointe Park Estimated I Issuance 1701 Meridian Avenue, 4th Floor ITB-172-2013TC 4/26/2013 Renovations (777 Building Renovation) I I Estimated I Issuance Reconstruction of Surface Parking Lots ITB-173-2013TC 4/26/2013 12X and 17X I Estimated Construction of the 61h and 53rd Street 1 Issuance ITB-176-2013TC 4/26/2013 Restrooms and the Ocean Rescue Office Estimated I I Issuance City Hall and Parking Garage Elevator ' ITB-183-20 13TC 1 4/26/2013 Renovatton Health Plan Services and Benefits to the · ity of Miami Beach for its Active Employee, Pre-65 Retiree, and Post-65 r RFP-2013-08KP 2/12/2013 etiree Enrollees Department CIP OBPI Parks and Recreation Public Works Public Works Parks and Recreation Parks and Recreation CIP CIP CIP PW-Property Human Resources Please note that ITBs, 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 JLM:KGB:ADb F:\PURC\$ALL\MONTHL Y REPORTS\CONE LTC\12-13\Apr/12013 Cone LTC.docx 659 I I I I I AI c )> Commission Agenda, May 8, 2013 Miami Beach Redevelopment Agency City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive May 8, 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 Amendment No. 3 To That Certain Retail Lease Agreement By And Between The City Of Miami Beach, The Miami Beach Redevelopment Agency (Collectively, Lessor), And Penn 17, LLC (Lessee), Dated September 16, 2011, Involving The Lease Of Approximately 7,655 Square Feet Of Ground Floor Retail Space At The Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; 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) (Continued from April 17, 2013) 661 16 MIAMI BEACH Miami Beach Redevelopment Agency City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE REDEVELOPMENT AGENCY OF THE CITY OF MIAMI BEACH, FLORIDA The regularly scheduled meetings of the Redevelopment Agency are established by Resolution and ore generally held on the some 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 reque~Jjng placement of a.[l item __ on the agenda must provide a written statement to the Agency Executive Director, 4th Floor, City Hall/ 1700 Convention Center Drive, telephone 673- 7285, outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment will be set up to discuss the matter with a member of the Executive Director's staff. Procedurally, "Request for Agenda Consideration" will not be placed upon the Agency agenda until after Administrative staff review. Such review will ensure that the issue has been addressed in sufficient detail so that the Agency members may be fully apprised of the matter to be presented. Persons will be allowed three (3) minutes to make their 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 la.t11r than noon on T u_esday of the week prior to tb_~ scheduled Agency meetin_g. 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, l st floor, City Hall, 1700 Convention Center Drive, telephone 673-7 411, before 5:00p.m., on the Tuesday prior to the Agency meeting and give their name, the agenda item to be discussed and, where known, the agenda item number. The Agency agenda is available via the City's website, {www.miamjbeochfl.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 662 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- brandinq of such Premises. Key Intended Outcome Supported: Improve the City's Overall Financial Health and Maintain Overall Bond Rating Supporting Data (Surveys, Environmental Scan, etc.): Issue: 1 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 if, by May 3, 2013, a signed General Release is received by the City. Alternatively, the Administration requests authority to terminate the Lease Agreement. 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 incorporating a revised rent schedule. 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 April17, 2013, and was opened and continued in light of pending matters. The Tenant has requested a continuance of the advertised May 8, 2013, public hearing but is willing to proceed with Amendment No. 3 to the Lease. However, the Administration does not recommend proceeding with Amendment No. 3 due to continuing unresolved issues outlined in the May 8, 2013, Commission Memorandum. The Administration is agreeable, contingent upon receipt of an executed General Release by May 3, 2013, to open and continue the matter of the entertainment use and the matter of Amendment No. 3 to the Lease Agreement, a draft of which is attached to the Commission Memorandum as Exhibit "1." Alternatively, if the General Release is not received by May 3, 2013, then the Administration recommends that the Commission authorize the City Manager to proceed to place Tenant in default, terminate the Lease, and take any and all other related actions. Advisory Board Recommendation: I Finance & Citywide Projects Committe~ recommended approval of revised rent schedule on January 24, 2013 ~ Financial Information: Sourceof Fund_s_:--~--1--~----A-m_o_u_n_t----~------------------A~cc_o_u_n_t----------------~--~ Financial Impact Summary: ~ -· . City Clerk's Office Le_,g.._i_s_la_ti_v_e_T_r_ac_k_i_n...._g_: _____________ ---------·-~ 1 Anna Parekh, ext. 647{ i Sign-Offs: tor MlAMIBEACH 663 CityM JLM AGENDA ITEM __ / ~A-'--_ DATE 5-'/-/3 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wvvw miomibeachA.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 OPEN AND CONTINUE SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPR VING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 3 TO THAT CERTAIN RETAIL LEASE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY (COLLECTIVELY, LESSOR), AND PENN 17, LLC (LESSEE), DATED SEPTEMBER 16, 2011, INVOLVING THE LEASE OF APPROXIMATELY 7,655 SQUARE FEET OF GROUND FLOOR RETAIL SPACE AT THE PENNSYLVANIA AVENUE GARAGE, 1661 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA; 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 if, by May 3, 2013, a signed General Release is received by the City from the Lessee, Penn17, LLC. Alternatively, if the signed General Release is not received by the City by May 3, 2013, the Administration requests authority to terminate the Lease Agreement. BACKGROUND On April 13, 2011, the Mayor and City Commission approved 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. After putting the Tenant on notice of certain compliance-related issues, including non- payment of rent, the City received a letter in response to its November 15, 2012 letter from Tenant's legal counsel 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. As a solution, Tenant requested permission to relocate all eight compressors to the roof of the 664 City Commission Memorandum Penn 17, LLC-Retail Lease Amended Rent Schedule May 8, 2013 Page 2 of 5 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 which 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. As has been outlined in the Commission Memorandums dated March 13, 2013 and April 17, 2013, in December 2012, the FCWPC was in favor of entertaining a deferral of the Tenant's rent, but for a period of less than twelve months and 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. On January 24, 2013, FCWPC recommended in favor of the following renegotiated terms, as proposed by staff: 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. A schedule reflecting the revised rent schedule, as recommended by FCWPC, is included as 665 City Commission Memorandum Penn 17, LLC-Retail Lease Amended Rent Schedule May 8, 2013 Page 3 of 5 Exhibit "A" to this memorandum. To date, Tenant has paid 50% of the January, February, March, and April2013 Base Rent and CAM. In January, 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 17 1" 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 13 1h discussion, the City Commission requested that Amendment No. 3 also include a genera! release by Tenant waiving any claims against the City including those with regards to the ventilation and to the relocation of air conditioning; an additional clause that Tenant admits and acknowledges that, but for approval of Amendment No. 3, 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. The Administration prepared an agenda item for the City Commission's consideration at its April17, 2013 meeting. However, by April17, 2013, the Tenant had not been able to solidify its concept plan or provide a site plan as requested by staff in time to submit the necessary information for Commission consideration at the scheduled public hearing regarding the entertainment use. The Tenant had also expressed concerns with the Planning Department requirement to install a vestibule area within the Premises 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. Notwithstanding, the Tenant had already met with representatives of the New World Symphony (NWS) and provided us with a confirmation letter from NWS dated March 18, 2013, stating that " ... in the expectation of future on~going mutual cooperation between your operating staff and NWS to ensure that your activities do not adversely affect NWS events and Wallcasts, NWS has no issues with respect to the entertainment license ... " In the meantime, additional non~compliance items were pending. Several construction-cost related items had been addressed in a Notice of Non~Compliance letter dated and sent to the Tenant on March 27, 2013, outlining deficiencies in the Tenant's Construction Fund, as required by the Lease and matters relating to construction claim notices. The Tenant was given until Tuesday, April 2, 2013, to provide specific information and cure measures, and staff informed Tenant that failure to do so may result in the Tenant being placed in default. Subsequently, but 666 City Commission Memorandum Penn 17, LLC-Retail Lease Amended Rent Schedule May 8, 2013 Page 4 of 5 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. The Tenant's lack of progress in obtaining a building permit to relocate the air conditioning compressors was another pending matter, however, the Tenant maintained that it had not moved forward and paid the building permit fee because the Tenant was requesting that the relocation of the air conditioning units be coordinated in conjunction with the reconfiguration and relocation of the kitchen exhaust. Prior to the April 1 th Commission meeting, the Tenant verbally informed staff that it did not anticipate being able to remedy the outstanding construction claims by April 2nd or by April 1 th but it nonetheless wished to proceed with Amendment No. 3 to the Lease. Staff reiterated that any further action is contingent on the resolution of outstanding contractual issues. On April 17, 2013, the Administration recommended that the item be opened and continued in light of matters that remained pending. ANALYSIS In preparation of the May 8, 2013 Commission meeting, on April 26, 2013, the Administration sent the Tenant a letter regarding the still-pending outstanding issues, a copy of which is attached as Exhibit "8" to this memorandum. To summarize, the outstanding issues outlined in the letter, as well as the status of the issues as of May 1, 2013, are as follows: 1. The City required a recorded copy of an Order by the Court, dismissing with prejudice ART Drywall's lawsuit against the City. STATUS: A Stipulation for Entry of Final Order of Dismissal with Prejudice was fully executed by the parties on April29, 2013, and is attached as Exhibit "C." 2. One deficiency in Tenant's Construction Fund is the Tenant's failure to appropriately expend a minimum of $1 million in tenant improvements through the escrow account. STATUS: The City has received copies of cashed checks evidencing expenditures by the Tenant from two different accounts in excess of $1 million. A Tenant Construction Fund Reconciliation chart is attached hereto as Exhibit "D." 3. Another deficiency in Tenant's Construction Fund is the Tenant's failure to maintain at least $50,000 in the escrow account until such time that Tenant's work has been substantially completed, as determined by the Landlord. In the absence of a final Certificate of Occupancy, the City required the Tenant to replenish $50,000 in the escrow account. STATUS: The Tenant has delivered a $50,000 check to the escrow agent, a copy of which is attached hereto as Exhibit "E." 4. Two additional claim notices were received by the City from: Cors-Air in the amount of $3,001.92; and from MP Firestop Corp. in the amount of $7,900. STATUS: The MP Firestop Corp. claim for $7,900 was satisfied and the City Attorney's Office has accepted the contractor's Notice of Satisfaction and Accord and Waiver of Claims against Penn 17, LLC, which is attached hereto as Exhibit "F." Tenant has expressed that the $3,009.92 claim has been paid and that the Tenant is in the process of obtaining a signed release. 667 City Commission Memorandum Penn 17, LLC -Retail Lease Amended Rent Schedule May 8, 2013 Page5of5 5. A General Release has been required in which Tenant waives any and all claims against the City. STATUS: The Tenant has agreed to sign the release, which is attached hereto as Exhibit "G." The deadline for receipt of the signed release is Friday, May 3, 2013. If the release has not been received by the close of business on May 3, 2013, the Administration will recommend termination of the Lease. 6. The Planning Department recommended certain conditions regarding the entertainment component, including the creation of a double door vestibule at the main entrance. Accordingly, staff requested that the Tenant produce site plans of the space, incorporating the Planning Department's recommendations. STATUS: Site Plans have not been provided to staff and a final determination has not been made regarding the vestibule issue. In addition to providing the updated items noted above, the Tenant requested a continuance of the public hearing but is willing to proceed with Amendment No. 3 to the Lease. Further, on April 30, 2013, the City received a copy of a Claim of Lien recorded on behalf of A & P Air Conditioning Corporation regarding an outstanding $73,693 plus interest (A & P Claim). A copy of the A & P Claim of Lien is attached hereto as Exhibit "H." The Tenant informed staff that additional time is necessary to remedy the A & P Claim. On May 1st. 2013, the Administration notified the Tenant that a recommendation to open and continue the item to June, 2013 would be contingent on the delivery of the signed General Release by the Tenant by May 3rd, 2013. CONCLUSION AND RECOMMENDATION The Administration is agreeable, contingent upon receipt of an executed General Release by May 3, 2013, to open and continue the matter of the entertainment use and the matter of Amendment No. 3 to the Lease Agreement, a draft of which is attached hereto as Exhibit "I." Alternatively, if the General Release is not received by May 3, 2013, then the Administration recommends that the Commission authorize the City Manager to proceed to place Tenant in default, terminate the Lease, and take any and all other related actions. ~~~~KOB T:\AGENDA\2013\May 3\Penn 17 Retail Lease CMB Memo doc 668 669 Exhibit A Penn 17, LLC Revised Rent Schedule NOTES; [1) Repayment of remaining Nov/Dec 2012 balance ($64791) 121 Repayment of July 4012 Ond August 2012 rent ($95,61l8oo) per Se~ond t\rnen(jrnent · · · · · · · · (3) Repayment of security depo>il ($47,844) · (41 Repayment of July2013 through December 2013 deferred rent ($171,106,23) . ·. . Penn 17, LLC Rent Schedule lease Commencement: October 13, 2011 Rent Commencement: Aprll14, 2012 Current Proposed Lease Year: 2 Rent Rent Total Monthly Total Monthly Base Rent Repayment CAM(*) Abatement Deferment Payment Payment 01/13113 $ 47,843.75 $ $ 8,47 4.00 $ (28, 158.88) $ $ 56,317.75 $ 28.158.87 02/13/13 $ 47,84375 $ $ 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 $ 47,84375 $ $ 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 $ $ 8.47400 $ (28, 158.88) $ $ 56,317.75 $ 28,158.87 07/13/13 $ 47,843.75 $ $ 8,47400 $ $ (28, 158 88) $ 56,317.75 $ 28,158.87 08/13/13 $ 47,843.75 $ $ 8.474.00 $ $ 128, 158.88) $ 56.317.75 $ 28.158.87 09/13/13 $ 47,843.75 $ $ 8.47 4.00 $ $ (28. 158.88) $ 56,317.75 $ 28.158.87 Total: $ 430,593.75 s $ 76,266,00 $ (168,953,28) s (84,476.64) $ 506,859.75 s 253,429.83 Current Proposed Lease Year: 3 Rent Rent Total Monthly Total Monthly Base Rent Repayment (1 and 2) CAM(*) Abatement Deferment Payment Payment $ 49,279.06 $ 2.658 00 $ 8.474.00 $ $ (28.87 6.53) $ 60,411.06 $ 31.534.53 11/13/13 $ 49,279.06 $ 2,658.00 $ 8.474.00 $ $ (28.876.53) $ 60.411 06 $ 31.534.53 12/13/13 $ 49,279.06 $ 2.658 00 $ 8,474.00 $ $ (28,876.53) $ 60.411.06 $ 31,534 53 01/13/14 $ 49,279.06 $ 8,057.00 $ 8.474 00 $ $ $ 65,810.06 $ 65.81006 02/13/14 $ 49.27906 $ 8,057.00 $ 8.474.00 $ $ $ 65,810.06 $ 65,810.06 03/13/14 $ 49,279.06 $ 8.05700 $ 8.47 4 00 $ $ .$ 65.810 06 $ 65.810 06 04/13/14 $ 49,279.06 $ 8,057.00 $ 8,474.00 $ $ $ 6.5,810.06 $ 65.810.06 05/13/14 $ 49,279.06 $ 8.057.00 $ 8.474.00 $ $ $ 65.810.06 $ 65,810 06 06/l3/i4 $ 49,279.06 $ 8,057.00 $ 8.474.00 $ $ $ 65,810.06 $ 65,810 06 07/13/14 $ 49,279.06 $ 8.0.57 00 $ 8,474.00 $ $ $ 65.810.06 $ 65.810 06 08/13/i4 $ 49,279,06 $ 8.057 00 $ 8.47 4.00 $ $ $ 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 s 80,487,00 $ 101.688.00 s s (86,629,59) $ 773,523.72 $ 686,894.13 Current Proposed lease Year: 4 Rent Rent Total Monthly Total Monthly Base Rent Repayment (1 and 2) CAM(*) Abatement Deferment Payment Payment $ 50,7.57.43 $ 8.057 00 $ 8.474 00 $ $ $ 67,288.43 $ 67.288.43 ll/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 $ 6l,889.43 06/13(15 $ 50,757.43 $ 2,6.58.00 $ 8,474 00 $ $ $ 61.889.43 $ 61.889.43 Ol/i3/l S $ bU.It>I.4J ~ L,6:Jb.UU $ b.4/4.UU ~ ~ $ 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 s 48,093,00 s 101.688.00 $ $ $ 758,870.16 $ 758,870,16 Page 1 of 3 670 NOTES; {11 Repayment ofremaining Nov/Dec ~012 bClt~nce ($64:791) 121 Repayment of July 2012 and Augvst 2012 rent l$95,68.800)per Sf:condAJ11.enornent . · .. · . . >. · . .. . · · {3) Repayment of ;ecurity deposit ($47,844) . {41 Repayment of July 2013 itirol.{gh D~cember 2013 deferred rer>t {$17!,106.231 . . . . . Penn 17, LLC Rent Schedule lease Commencement: October 13, 2011 Rent Commencement: April14, 2012 Current Proposed Legse Year: 5 Rent Rent Total Monthly Total Monthly Bose Rent Repayment (2 and 3) CAM(*) Abatement Deferment Payment Payment $ 52,280 15 $ 6,645.00 $ 8,474.00 $ $ $ 63.412.15 $ 67.399,15 11/13/15 $ 52,280.15 $ 6,645 00 $ 8.474.00 $ $ $ 63.412.15 $ 67.399.15 12/13/15 $ 52,280.15 $ 6,645.00 $ 8.474.00 $ $ $ 63.412.15 $ 67,39915 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 $ 8.47 4.00 $ $ $ 63.4 i 2.15 $ 67,399.15 0.5/13/16 $ 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 $ 6.64.5.00 $ 8.474.00 $ $ $ 63.412.15 $ 67,399.15 09/13/16 $ 52,280.15 $ 6,645.00 $ 8.47 4.00 $ $ $ 63.412.15 $ 67,399.15 Total: $ 627,361.80 $ 79.740.00 s 101,688.00 $ $ $ 760,945.80 $ 808,789.80 Current Proposed Lease Year: 6 Rent Rent Total Monthly Total Monthly Base Rent Repayment (4) CAM(*) Abatement Deferment Payment Payment $ 53.848.56 $ 7.129.43 $ 8,474.00 $ $ $ 62,322 56 $ 69.451.99 11/13/16 $ 53.848.56 $ 7.129.43 $ 8.47 4.00 $ $ $ 62,322.56 $ 69.451.99 12/13/ i 6 $ 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 $ 53.8.l8.56 $ 7,) 29.43 $ 8.474.00 $ $ $ 62.322.56 $ 69,451.99 03/13/17 $ 53,84856 $ 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 $ 69.45199 07/13/17 $ 53.848 56 $ 7.129.43 $ 8.474.00 $ $ $ 62,322.56 $ 69.451.99 08/13/17 $ 53,848.56 $ 7. i 29.43 $ 8.474.00 $ $ $ 62.322.56 $ 69.45199 09/13117 $ 53.848.56 $ 7.129.43 $ 8.474.00 $ $ $ 62.322.56 $ 69.451.99 Total: s 646,182.72 s 65,553,16 s 101.688.00 s s $ 747.870.72 s 833,423.68 Current Proposed Lease Yegr: 7 Rent Rent Total Monthly Total Monthly Base Rent Repayment (4) CAM(*) Abatement Deferment Payment Payment $ 55.46402 $ 7.12943 $ 8,474.00 $ $ $ 63,938 02 $ 71.067.45 11!13/17 $ 55.464 02 $ 7,129.43 $ 8.47 4 00 $ $ $ 63.938.02 $ 71.06745 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 $ 8.47 4.00 $ $ $ 63.938.02 $ 71.067.45 04/13/18 $ 55.464.02 ·~ 7.129.43 $ 8.474.00 $ $ $ 63,938.02 $ 7!.067.45 05/13!18 s 55.464.02 s 7,129.43 $ 8.47 4 00 $ $ $ 63,93() 02 $ 71,067 .4.S 06/13/18 $ 55.464 02 $ 7.12943 $ 8,474.00 $ $ $ 63.938 02 $ 71.067.45 07/13/18 $ 55.464.02 $ 7,129.43 $ 8.47 4.00 $ $ $ 63,938.02 $ 7i.067.4.5 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 $ 8.47 4.00 $ $ $ 63,938.02 $ 71.06745 Total: $ 665,568.24 s 65,553,16 $ 101,688.00 $ $ s 767,256.24 $ 852,809.40 Page 2 of 3 671 ·.·.- (l) Repayment of remaining Nov/Dec 2012 palance {$64,791] (2) Repayment of Jviy 2012 and August 2012rent {$95,68B.OO} per econd Amer:Jdment ·· ·· · (3) Repayment of security deposit 1$47,844) (4] Repayment ot July 2013 throcJgh Decernber20139efEmed rent ($17Ll06.23) Penn 17, LLC Rent Schedule Lease Commencement: October 13, 2011 Rent Commencement: April14. 2012 Lease Year: S Total Monthly Base Rent CAM(*) Payment $ 57,127.94 $ 8,47 4.00 $ 65.601.94 11/13/18 $ 57,127.94 $ 8.47 4.00 $ 65.601.94 12/13/18 $ 57.12794 $ 8,474.00 $ 65.601.94 01/13/19 $ 57,127.94 $ 8,474.00 $ 65,601.94 02/13/19 $ 57,127.94 $ 8,474.00 $ 65.601.94 03/13/19 $ 57,127.94 $ 8.47 4.00 $ 65,601.94 04/13/19 t 57,127.94 $ 8.474.00 $ 65.601.94 05/13/19 $ 57.127.94 $ 8.474 00 $ 65,601.94 06/13/19 $ 57,127.94 $ 8.474.00 $ 65,601.94 07/13/19 $ 57,127.94 $ 8.474 00 $ 65.601.94 08!13/19 $ 57.127.94 $ 8.474.00 $ 65,601.94 09/13/19 $ 57,127.94 $ 8.474.00 $ 65.601.94 Total: s 685,535,28 s 101,688.00 s 787,223.28 lease Year: 9 Total Monthly Base Rent CAM(*) Payment $ 58,841.78 $ 8,474.00 $ 67,315.78 11 /13/l $ 58.841.78 $ 8.474.00 $ 67,315.78 12/13/19 $ 58.841.78 $ 8,474.00 $ 67,315.78 01/13/20 $ 58,841.78 $ 8.474.00 $ 67.31578 02/13/20 $ 58.841.78 $ 8.474.00 $ 67.315.78 03/13/20 $ 58.84 i .78 $ 8.474.00 $ 67.315.78 04!13/20 $ 58.841.78 $ 8.474.00 $ 67,315.78 05/13/20 $ 58.84178 $ 8.47 4.00 $ 67.31578 06/13/20 $ 58.841.78 $ 8.47 4.00 $ 67.31578 07/13/20 $ 58.84178 $ 8.47 4 00 $ 67.315.78 08/13/20 $ 58.841.78 $ 8.474.00 $ 67.315.78 09 /i 3/20 $ 58.841.78 $ 8,474.00 $ 67.315.78 Total: $ 706.101.36 s 101,688.00 s 807,789.36 Lease Year: 10 Total Monthly Base Rent CAM(*) Payment $ 60.607.03 $ 8.474 00 $ 69,081.03 11 I 13/20 $ 60,607.03 $ 8.474.00 $ 69.081.03 12/13/20 $ 60.607.03 $ 8.474.00 $ 69,081.03 01/13/2! $ 60.60703 $ 8.474 00 $ 69.081.03 02/13/21 $ 60,607.03 $ 8.474 00 $ 69.081.03 03/13/21 $ 60.607.03 $ 8.474.00 $ 69,081.03 04!13/21 $ 60.607.03 $ 8.474.00 $ 69,081.03 05!13/21 $ 60,607.03 $ 8,47 4.00 $ 69.081.03 06/13/21 $ 60.607 0.3 $ 8.474.00 $ 69,08103 07/13/21 $ 60.607.03 $ 8,474.00 $ 69,081.03 08/13/21 $ 60,607.03 $ 8.474 00 $ 69.08103 09/13/21 $ 60.607.03 $ 8.47400 $ 69.081.03 Total: s 727,284.36 s 101,688.00 s 826,972.36 NOTE: CAM (*l -Pursuant to Section 18 of the Lease Summary, the CAM rate is subject to adjustment to reflect the actual pro-rata share of Property Taxes and Insurance costs incurred by the landlord during the previous calendar year. Page 3 of 3 672 673 Exhibit B Letter to Penn 17, LLC Dated 04/26/2013 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov REAL ESTATE, HOUSING & COMMUNITY DEVELOPMENT Tel: (3051 673-7000-(305) 6731033 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED April 26, 2013 Amir Ben Zion Managing Member Penn 17, LlC 1661 Pennsylvania Avenue, Suite 6 Miami Beach, Fl33139 Copy sent via electronic mail to: amir.ben-zion@fcsny.com shai@cooperavenue.com Re: Lease Agreement (the "Lease") between the City of Miami Beach, Florida, the Miami Beach Redevelopment Agency (hereinafter collectively referred to as "Landlord"), and Penn 17, LLC ("Tenant"), 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 ("Premises") Dear Mr. Ben-Zion: As you may be aware, the Public Hearing that had originally been scheduled before the City Commission on April 17, 2013, to consider a proposed change of use to the Premises, as well as to consider the proposed Amendment No. 3 to the lease, was re-scheduled to be heard at the City Commission meeting on May 8, 2013. This was due to the fact that you were unable to comply with certain outstanding issues which needed to be resolved prior to the City Commission's consideration of the aforestated items. As of the date of this letter, these same issues remain outstanding, as follows: 1. The City requires a recorded copy of an Order by the Court, dismissing with prejudice ART Drywall's lawsuit against the City. 2. The deficiencies in Tenant's Construction Fund, originally identified in the City's correspondence, dated March 26, 2013 (a copy of which is attached as Exhibit "A" hereto), still need to be resolved. Specifically, the City has not yet agreed to accept the copies of checks/payments made from Tenant's own construction account (provided to us by Tenant's Escrow Agent in its written response to the City, dated April3, 2013), as satisfying the $1 Million Tenant Improvement threshold requirement specified in the Work letter and Escrow Agreement. 3. In the City's same correspondence (referenced in Item 2 above), we informed you that the Tenant's Construction Fund was not to be reduced to less than $50,000, until such time that Tenant's work has been substantially completed, as determined by the Landlord, in its sole and reasonable discretion. 4. Pursuant to the April3, 2013 response from Tenant's Escrow Agent (attached as Exhibit "8" hereto), the Tenant was to deposit $64,828.92 into the Tenant Construction Fund by April 15, 2013, to cover two (2) outstanding claim notices, as well as the original Notice of lien filed by ART Drywall, noted as follows: 674 Mr. Amir Ben Zion April 26, 2013 Page 2 of 3 I Date Contractor/Supplier I 10/27/11 Cors-Air I 12/14/11 Art Orywalt I 01/24/12 MP Firestop Corp Amount Correspondence $ 3,001.92 Notice of Non-Payment $53,927.00 Notice of Non-Payment I $ 7,900.00 Notice of Lien As stated in Item No. 1, the City requires that the ART Drywall lien (which has now resulted in ART's filing of a lawsuit against the City), be satisfied via an Order of dismissal. We will require satisfaction of liens and releases for the other two (2) liens (Cors-Air and MP Firestop Corp). 5. As a condition of the City's approval of Resolution No. 2013-28167 (attached as Exhibit "C" hereto), Tenant verbally agreed at the March 13, 2013 City Commission meeting to execute a General Release, attached as Exhibit "D" hereto, waiving any and all claims against the City including, without limitation, those with regards to the kitchen ventilation and relocation of the air conditioning system. 6. Site plans were to be submitted to the City prior to the Public Hearing in connection with Tenant's proposed entertainment use. The plans were to reflect certain conditions required by the Planning Department, attached as Exhibit "E" hereto. It is imperative that you either comply with or, where noted, provide the City with the information requested in, Item Nos. 1-6 above, by no later than April 30, 2013, so that we may advise the City Commission accordingly, and determine whether to proceed with the May 8, 2013 Public Hearing and consideration of Amendment No. 3. Failure to do so may result in the proposed May 8, 2013 items being withdrawn from the City Commission meeting agenda, and in Tenant being placed in default of the Lease, which remedies may include the return of the Premises to the City; the acceleration of rent due and payable through the remaining term of the Lease, including all rent deferral amounts to date; the initiation of legal proceedings; and the recovery of any costs and reasonable attorney's fees resulting therefrom. PLEASE GOVERN YOURSELF ACCORDINGLY Sine .. ·erely, 1 / /fi/L-' Kathie G. Brooks Assistant City Manager AP:KOB Attachments 675 Mr. Amir Ben Zion April 26, 2013 Page 3 of3 Copies to: Mr. Steven E. McNeff Registered Agent Penn 17, LLC 45 N.E. 41 Street Miami, FL 33137 Mr. Amir Ben-Zion 585 N.E. 581h Street Miami, FL 33137 cc: Jimmy L. Morales, City Manager Jose Smith, City Attorney Raul Aguila, Chief Deputy City Attorney Anna Parekh, Director of Housing/Community Development Kent 0. Bonde, Interim Leasing Specialist F:\$AI!VIsset\Pennsylvania Ave Garage Leases\Penn 17, LLC\Penn 17-Penn 17 Outstanding Issues 04-25-2013 676 \ I J ., ( EXHIBIT A MIAMI BEACH City of Miami leach, 1700 ConvenHon Center Drive, Mioml BeaCh, Florida 33139, www.mlamlbeachfi.gov REAL ESTATE, HOUSING & COMMUNITY DEVELOPMENT Tel: (305)673-7193 -I30.SJ673-7033 March 26, 2013 Mr. Amir Sen Zion Managing Member Penn 17, LLC. 1661 Pennsylvania Avenue, Suite 6 Miami Beach, FL 33139 .r-Jeffrey A Rynor, Esq. ;;, Mitrani, Ryner, Adamsky & Toland, P.A.- 301 Arthur Godfrey Road, PH Miami Beach, FL 33140 Copy sent via electronic mall, receipt requested to: · emrr.ben-zlon@fcsny,com; amlr@fcsnv.com; sbal@cooperavenue.com JBynor@mi!!J!ni.CQm RE: Work Latter and Escrow Agreem~nt (Work Letter) by and between the City of Miami Beach, Mlamf 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 presentation 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 rela'ted to the above-referenced Work Letter which require your immediate attention, as follows: 1. Arlicle 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 fir$1 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}97, leaving a balance due of $349,203. 677 Amlr Ben Zion Penn 17, UC Maroh 26, 2013 Page 2of4 { Action Required: Within seven (7) days of the date of this Notice, Tenant must provide City with proof of payment (and deposJt with Escrow Agent} of fhe 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 actuar •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 MA,• 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 03120112 1567 Citv of Miami Beach Bfd_g De_p_t $12222 92 Permit Fees 03/20/12 1568 City of Mlaml Beach Bldg Dept $48604.43 Concurrency Fees Total $60,827.35 Action Required: ln accordance with Artlcfe r, Paragraph 2, on page 2 of the Work Letter, "Afl 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, fn the amount of $60,827.35, must be replaced In the TCF. 3. Based on the City's reconcfliation of the TCF, which reconciliation is attached as Exhibit •a" hereto, the following discrepancle$ were noted: (;) As of May e. 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 $550,797, for a net difference of $72.469. The difference appears to lie fn 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 T~ble 2 below); coupled with the two unauthorized payments, fn the amount of $60,827.35, referenced in Table 1 of this Notice. Table 2 Date Payee Amount Memo 10/27/11 Sky Builders $ 6 800.00 Labor & materials 12/14/11 Halloran Construction $ 25 848.00 labor & materials 01/24112 Halloran Construction $100 546.64 labor & materials Total $133196.64 (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 Cfty. 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 "Leaseu), specifically requires that In no event shall the Construction Deposit into the TCF be reduced to less than $50.000, until such tlme as the Tenant's work has been substantially completed, as determined by the Landlord, in its sole and 678 Amir Ben Zion Penn 17, UC March 26, 2013 Page 3of4 ( i 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 ''N) and the City's reconciliation Exhibit ·a"); such clarification, confirming that the aforestated balances remain fn 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 seNices to the Premises and shall (I) name Landlord as an additional obligee, (il) be In an amount, Jn form and content, and issued by sureties, satisfactory to Landlord and (ill) 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, pel1ormance 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 Contractor/Supplier Amount Correspondence 10/27/11 Cors~Air $ 3 001.92 Notice of Non-Payment 12114/11 Art Drywall $53,927.00 Notice of Non-Payment 01/24/12 MP Flrestop_Corp $ 7 900.00 Notice of Lien Action Required: Any lien, or notice of non-payment for faber 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 On 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 April 17, 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, fs 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 exhlbH 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 679 Amir Ben Zion Penn 17, UC March 26,2013 Page 4 of4 ( set forth herein, by no later than seven (7) days from the date of this Notice, or by April2, 2013. Failure to do so may result in the Tenant being placed In default under the Work Letter and the Lease. Please govern yourselves accordingly. Sincerely, ~c;v~ Anna Parekh Director AP;KOB Attachments Cc: Kathie G. Brooks, lnterfm City Manager Max Sklar, Acting Assistant City Manager Raul Aguila, Chief Deputy City Attorney 680 0 Ill 301 Arthur God(rey Rd Penthouu Miami Beach A. 331 40 T 305,868.0050 F 305.358.0560 www.mftronl.com MITRANI RYNOR ADAMSKY TOLAND I ATTORNEYS EXHIBIT B Fort Lauderdale Oflke Aprl13, 2013 2400 N Commerce Pkwy Sult11302 . Wet!cn FL 33326 Jeffrey A. Ryner jrynor@mttronl.com Anna Parekh, Director Raul J. A8uila, Chief Deputy City Attorney 1700 Convention Center Drive Fourth Floor Miami Beach, Florida 33139 Re: Lease Agreeme/11 (Le116e) between the CUy of Miami Beach, Florida, The Mimnl Beach RedevelfJpmsnt Agency {lu1relnq.fter coOectlvely refemJI/to tlS LfUidlord) 1111tlPenn 17, LLC (J'eiUlllt), IIWolvlng the leose ofapprox/JtuJJN.y 7,665 squarefeetofgroundfloor retail space at Penn9J!IW1nla Avenue Garage, 1661 Pennsylvania Avenue, Mlllml Beaeh, Florida (Premiaea) Dear Ms. Parekh and Mr. Aguila: This letter responds to your Notice ofNon~Compliance dated March 26, 2013. As you knDw, the Tenant has spent well in excess of the One Million Dollars contemplated in the Tenant Conatruction Fun~ because the Tenant wants to make the restaurant space as unique and beautiful as possible, plus provide unparalleled cuisine and supa-lative service, ln order to aocmnplisb this goal, the Tenant has eontributed substantial funds and spared no expense to design a unique space that compliments the artistic beauty of LJncoln Road. The build-out of the restaurant very much reflects the tremendous effort the Tenant put into the space, to convert it from a garage and provide an architectural rebirth. With this in mind, the Tenant responds to the compliance related issues as follows: 1. Article 1, Section 2. ~ The To1Wlt provided a deposit of $500,000 on September 19, 2011 and a $150,796.82 deposit on February 2, 2012 for a total of $650,796.82. The Tenant paid for construction costs in the amount of $1,281,614.12 to Halloran Construction alone. In addition, the Tenant paid $917,489.41 for kitchen equipment and construction costs. The Tenant also paid for lighting and a sound system which cost approximately $120,000~ plus the furniture ( $150,000) and architectural fees ($120,000). Although the Tenant did not deposit the remaining balance of $349,203 it certainly · complied with the Lease's requirement regarding construction by paying for the 681 . ,,.,.::· 0 Ill MIT RAN I RYNOR ADAMSKY TOLAND ATTORNEYS construction costs as reflected :in th6 numerous invoices and checlcs attached hereto as Exhibit 1. 2. Article 1, Section 2. -Although the Tenant paid City of Miami Beach Building Department permit fees and concurrency fees, the additional cheeks that have been supplied as Exln'bit 1 to this letter retleot that the Tenant has paid for hard costs beyond the mnount originally anticipated in the TCF. Consequently, the Tenant would propose that the hard costs that were paid to the gene.ml contractor, aa well as sub- contractors, be credited towards the hard costs. 3. Attached please find as Exhibit 2, the disbursement of the funds. 4. Article 3, Section 3. -As you know the contractor has pcrfortned under the contract and completed the restaurant. Unconditional performance and payment bonds are not readily available for restaurants. However, the permitting process as well as a simple visual inspection will con.firm that the work bas been completed. 5. Tho Tenant will deposit in escrow $64, 828.92 by AprlllS, 2013, as it relates to the three claims referred to ln your letter. In the meantime, the Tenant has already been in contact with the drywall company and it is willing to agree to an extension. if oecessary to the complaint, to amicably resolve this matter. It should be noted that the Tenant disputes these claims, but will resolve them. as soon as possible. 2 682 RESOLUTION NC.. 2013-28167, A RESOLUTION OF MAYOR AND Orr¥ COMM18SlON OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CI'TYWIDE PROJECTS COMMiiii!S PERTAINING TO THAT CERTAIN RETAIL LEASE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH, THB MIAMI BEACH REDEVELOPMENT ACiENCY AND PENN 17, LLC (LESSEE~ DATED SEPTEMBER 18, 2011, INVOL\IING "THE LEASE OF APPROXIMATELY 7,8U SQUARE FEET OF GROUND FLOOR RETAIL SPACE AT THE PENNSYLVANIA AVENUE GARAGE, 1S51 PENNSYLVANIA AVENUE, MIAMI BEACH. FLORIDA; GRANTING THE U!88EE THE FOLLOWING AMENDED SCHEDULE OF RENT: 1) APPLYING ONE THIRD {113) OF THE LESSEE'S EXISTING SECURITY DEPOSIT, REPfti'ti!NTING $47,844, TOWARD BAS! RENT OWED FOR THE MONTH OF NOV51BER 2012; 2) DEFERRJNO $8,474 FOR COMMON AREA MAINTENANCE (CAl() FOR NOVEMBER 2012, AND SASE RENT, PLUS CAM, FOR DECEMBER 2tl.12a IN TKETOTAL AMOUNT OF $84,792 (HER!INAFTeR REFERRED 1'0 AS THEIJAOK.OUS RENT); 3)APPROVING AN ABATEMENT OF FIFTY PERCENT (SCI%~ OF THE BASE RENT AND CAM DUE FOR THE SIX (8) MONTH PERIOD OOUMENCING JANUARY 13, 2013 THROUOH JULY 12, 20131 4) DEFERRhiG FIFTY PERCENT (10%) OF THE SASE RENT AND CAM FOR THE SIX (6J MONTH PERIOD COMMENCING JUL. Y 13, 2013 THROUGH JANUARY 12, 1014; AND, I) PROVIDING FOR RE· PAYMENT BY LESSEE OF THE ONI '"MIRO SECURITY DEPOSIT AND RS~ PAYMENT OF THE BACK..OUE RENT FtlRI'KlVEUSERAND DECEMBER. 2012; ALL IN ACCORDANCE WITH THE PA't'IENT SCHEDULE ATTACHED AS EXHIBIT "A" HERETO; FURTHER 8En'1MG OF A PUBUC HEARING BY THE CITY FOR APRIL 17, 2013, REGARDING LESSEE'S PROPOSAL TO ADD AN ENTERTAINMENT COMPONENT AS A NEWY PROPOSED USE' ON THE LEASE PREMISES (AND AS PART OF LESSEe'S PROPOSAL TO "RE-BRAND" AND RE-OPEN THE PREMISES), AND AS RE!QIIRED BY SECTION 142-362 OF THE CITY CODE. EXHIBIT C WHERSAS, on April 13, 2011, the Mayor al'1d City Commission adopted Resolution No. 2011·27847, approving a Lease Agreement (the "Lee~se~). between the City, the RDA (colldvely, Lessor) and Penn 17 LLO. (Lessee), having a tanm ot nine (9) years and 364 days, for use of approXImately 7,807 square feet of ground level retail space at the Pennaytvanla Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida. for a restal.l1'8nt (prlmary use), with anciHary ueea for a bakery, a bat/cafe, and a book and gift shop (Uie 11Premlses"); and WHEREAS. on FabruaJY 8, 2012, the Mayor and City Commission adopted Resolution No, 2012 .. 0000, approving a First Amendment to the L..eaa&, correcting the groes rentable retail apace from 7,807 square feet to 7,655 square feet, as wei as providing for a corresponding reduction In annual Base Rent from $685,525 to $574,126, anrt he cost of Common Area Maintenance (CAM), from $100,370 per year to $98,850 per year; and WHEREAS, on June 6, 2012, the Mayor and City Commlaelon adopted Resolution No. 2012· 27926, approving a Second Amendment to the L.eaae; 1) granting the Lenee a one (1) month abatement of Base Rent and deferrtng an additional two (2) months' of Base Rent to be paid by the Leesee In lump sum or In thirty alx (36) equal montl1~ 131Stsllmenta together with regular payments of rent, taxaa and Common Area Maintenance {CAM), oommendng In the thlrd year of the Lease Term and ending on the last day of the fifth year of the L ... Termi 2) Increasing the elze of the Lessee's Additional Area (Storage Spaoe), as defined In ~ 3.11 of the l..eate, to Include an additional 284 square feet, currently designated for storage of h building's flood panels; 3) inoreaalno the oharge for Common Area Maintenance (CAM) frc»11 $G8,860 per year to $101,690 io refteat the lnoreaee In size of the Additional Area; and 4) oonatruot!ng. at the Lessee's sole cost and e)Cplnu, 683 a new replacement enclosure for the storage of flood panels, subject and pursuant to the satlafactlon and approval of the L888or, and WHEREAS, the Leased Premises, which housed the Cooper Avenue Restaurant. have been closed alnoe December 17, 2012i and WHEREAS, the Lessee Is now requesting rent relief In conneotlon with certain operational oompltoatlons resulting from th& fallure of Its air condltfonlng system; and WHEREAS, on December 20, 2012, and January 24, 2013, the City's Finance & CityWide Projects Committee (FCWPO) expressed support for providing some level of relief to the Lesaee, subJect to the Inclusion of epeolflc release language absolving the City of any liability regarding Lesaee's coat overruns and claims related to loss of buslneeSj and WHEREAS, the FCWPC recommended In favor ofthefoHowlng te!Tilt: 1) applying one-third {113) of the Lessee's existing Security Deposit, representing $47,844, towards Base Rent owed for the month of November, 2012; 2) deferring $8,474 for Common Area Maintenance (CAM) for November, 2012, and Base Rent, plus CAM, for December 2012, In the total amount of $64,792 (Back .. Oue Rent)i S) approving an abatement of 50% of the Base Rent and Common Area Maintenance (CAM) due for the slx (6) month period commencing January 13, 2013 through July 12, 2013; 4) detening 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 Lessee In lwenty four (24) equal monthly tnetellmente, commencing In the abdh year of the !..ease Term and ending on the last day of the seventh year of the l..aase Term; and 6) providing for re~ payment by Lessee of the ona-.thlrd security deposit In the amount of $47,844 and re-payment of the Baok·Due Rent for November and December, 2012, In the amount of $64,791, to be repaid In twelve (12) equal monthly lnstallmente commencing In the fifth year of the Lease Tetm and ending on the last day of the flfth year of the Lease Telm; all as further set forth In Elchlblt aN io this R88olutfon; and WHEREAS, at the request of the FCWPC, the Lessee has provided the Administration with a preliminary business plan whloh proposes 1 re•brandingll and re..openlng of the Leased Premises by July 13, 2012: and WHEREAS, Lessee proposes that the Premises, When rewopened, will house three (3) Individual concepts; an anchor restaurant facing 17th street, Involving the Leeaee•s relocation of Ita Bond Street Restaurant (currently located at the Townhouse Hotel); a celebrity chef lat&-nlghtfaet casual eatery In the center eeotlon of the spaoe; and (subject to City approval), a lounge/bar In the extstlng bar area; and WHEREAS, slnoe the lounge/bar component proposes an entertainment uee1 which Is not a permitted use In the CMc and Convention center (CCC) zoning dletrlct, a public hearing Is required, under Section 142 .. 382 of the City Code to approve euoh use. 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 City's Finance and CltWJfde Projects Committee pertaining to a proposed Amendment No. 3 to that certain Retail Lease Agreement by and between the City of Miami Beach, the Miami Beach Redevelopment Agency (collectively, Lessor), and Penn 17, LLC. {Lessee)~ dated September 16, 2011,1nvolvlng the leeee of approxJmately 7,655 square feet of oround floor retall space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; '*'Dmmendlng that, as part of said Amendmen~ the Mayor and City Oornmlstlon approve the following amended schedule of rent 1) applying one third (1.13) of the Leeue'a security depoelt In the amount of $47,844 towards baei<Mdue rent amounts owed for the months of November, 2012; 2) deferring $8,47 4 for Common Area Maintenance (CAM) for November, 2012, and Bate Rent, plua CAM, for December, 2012., In the amount of $64,792 (Back~Oue Rent)i S) approving an abatement of fifty percent {50%) of the Base Rent and Common Area Ma!ntenance (CAM) for the abc-month period commencing January 13 through July 12, 2013: 4) deferring offi~ 684 percent (50%) of the Base Rent and CAM for the six-month period commencing July 1 S through January 12, 2014; and 5) provldlngforre..paymentby Leeseeof theonethJrdseourt~depoaHand re-payment of the Baok·Due Rent for November and December, 2012i an In accordance with the payment schedule attached aa Exhibit" Aij hereto; further seWng of a publlo hearing by ihe City for Aprll17, 2013, regarcUng Lasaee'a proposal to add en entertainment component as a new proposed uee on the Lease Premlaes (and as part of Lessee's proposal to "fe..brand" and re-open the Premises), and as required by section 142-362 of the City Code. PASSED AND ADOPTED THIS 13TH DAY OF MARCH, 2013. A'lii!ST: CITY CLERK KGB:MS:AP:KOB T:\AGENOA\201 S\Maroh 13\Con&ellt Penn 17 U.C CMS RESO.doo 685 MAYOR APPROVED AS TO FORM & LANGUAGE &FOA exeounoN o"' l. ... ~ ... lme 4 686 EXHIBITD GENERAL RELEASE This Instrument Prepared By: City Attorney's Office Clty of Miami Beach 1700 Convention Center Driw: Fourth Floor Miami Beach. Florida 33139 GENERAL RELEASE As consideration for the Mayor and City Commission of the City of Miami Beach, Florida's adoption of Resolution No. 2013-28167 on March 13, 2013, PENN 17 LLC, a Florida limited liability company, for itself and its officers, directors, shareholders and principals (collectively "Tenant"), and AMIR BEN ZION, personally and individually, by execution hereof, hereby fully and unconditionally release the City of Miami Beach, Florida, and its commissioners, employees, administrative executives, staff, attorneys, and their respective successors and assigns (collectively "City"), from any and all manner of actions, causes of action, contracts, agreements, covenants, controversies, claims, and demands whatsoever, whether legal or equitable, known or unknown, fixed or contingent (collectively, the "Claims"), from the beginning of the world until the Effective Date of this Release (as set forth in page 2 hereof), and relating to that certain retail lease agreement by and between the City of Miami Beach, the Miami Beach Redevelopment Agency (as "Landlord"), and Tenant, dated September 16, 2011, involving the !ease of approximately 7,655 square feet of ground retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida (the "Premises"), including, without limitation, any Claims resulting from the (i) ventilation system, and/or (ii) the air conditioning system on the Premises. The provisions of this Release shall survive any termination or expiration of the Lease. This Release contains the entire agreement between the parties, hereto, and the terms of the Release are contractual and not a mere recital. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 1 687 IN WITNESS WHEREOF, I have hereunto set our hand and seal this ____ _ day of , A.D., 2013 ("Effective Date"). ATTEST: By: __________ _ Secretary Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) SS: ) TENANT: PENN 17, LLC By: __________ _ General Partner Print Name The foregoing instrument was acknowledged before me this day of ,.,....._,__.,........,.,.....,-,.,.,... 2013, by as of Penn 17, LLC, a limited liability entity. He/she is personally known to me or produced valid Florida driver's licenses as identification. Name: _________________ ___ (Print Name) Notary Public-State of Florida My Commission Expires: ____ _ 2 688 ATTEST: By: __________ _ Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) SS: ) AMIR BEN ZION By: __________ _ Amir Ben Zion Print Name The foregoing instrument was acknowledged before me this day of -=:-.....,..-:-~-:--~' 2013, by Amir Ben Zion. He/she is personally known to me or produced valid Florida driver's licenses as identification. Name: _________________ ___ (Print Name) Notary Public-State of Florida My Commission Expires: ____ _ 3 689 EXHIBIT E 690 Damien, Elizabeth From: Lorber, Richard Sent: To: Thursday, March 14,2013 7:10PM Parekh, Anna Cc: Subject: Anna, Aguila, Raul; Gomez, Jorge RE: Penn 17 -Conditions As we discussed earlier, here are some conditions: • A double door vestibule shall be created and maintained at the main entrance of the establishment. • The ground floor windows facing Pennsylvania Avenue shall be sufficiently transparent to afford views of the interior of the facility. • The applicant shall be responsible for maintaining the areas adjacent to the facility, such as the sidewalk and the areas of the street adjacent to the property. When sweeping the area in front of the establishment, the personnel doing the sweeping shall ensure that they do not merely push the refuse in front of another building, but pick up all trash and dispose of it appropriately. • In the event there is queuing of people to gain entrance to the establishment, stanchions shall delineate the area to allow for the free-flow of pedestrians. Security staff shall monitor the crowds to ensure that they do not interfere with the free-flow of pedestrians on the public sidewalk. • Street flyers and handouts shall not be permitted, including handbills from third-party promotions. • Ail 11Wet T-shirt," "thong" or "bikini" events shall be prohibited. • Security staff shall take measures to strictly enforce patron age restrictions in the City Code at all times. From: Parekh, Anna Sent: Thursday, March 14, 2013 3:42 PM To: Lorber, Richard Cc: Aguila, Raul; Bonde, Kent Subject: Fw: Penn 17 ~Notice Public Hearing.doc Richard, Are you OK with this proposed language? Anna From: Bonde, Kent Sent: Thursday, March 14, 2013 03:36PM To: Aguila, Raul; Parekh, Anna Subject: Penn 17-Notice Public Hearing.doc Raul, Anna Have drafted the attached Public Hearing notice re Penn 17' s proposed Change of Use for the entertainment component. Please advise of any changes, before forwarding to the City Clerk. 1 691 Exhibit C Penn 17, LLC Stipulation for Entry of Final Order of Dismissal with Prejudice 692 A.R.T. DRYWALL SOUTH, INC., a Florida corporation, PJaintif~ v. CITY OF MV\MI BEACH, a Florida municipal corporation, and THE MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate and politic, Defendants. / IN THE ClRCfJIT COURT OF THE ll TH JUDICIAL ClRCUIT fN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT ClVIL DIVISION CASE NO. 13-10726 CA 04 STlPOLA TION f'OR ENTRY OF FINAL ORmW. OF DISMISSAL WITH PRF:;JUOICE Plaintiff, A.R.T. DRYWALL SOUTH, INC., and Defendants, ClTY OF MLAMl BEACH and THE MIAMI BEACH REDEVELOPMENT AGENCY, by and through their respective attorneys, hereby stipulate to the entry of a Final Order of Dismissal of this action, with prejudice, with each party to be~if their own attomeys' fees and costs. l I 4r./ J <"'"(.;;;<' // "",· Dated: t• 4 //> .2013. --·--··y·"-·----~-- T.I\YLOR VEGA, P.A .. 2555 Ponce de Leon Boulevard, Suite 220 Coral Gables, Florida 33134 Telephone: (305) 443-2043 Facsimile: (305) 443-2048 OFFICE OF TH.E CITY ATTORNEY CITY OF M1AM1 BEACH 1 700 Convention Center Drive, 4th Floor Miami Beach. Florida 33139 Te!:;:p]LQ~05) 673~7000 Ext. 6731 (Pricsimile: }.)05) 673-7002 '\ . II I f ;! ·,.. I /i · 1. I 1/ "'· ·,·\, l I /11 A (\.,L ~ ·t.a·· n1. C ) -·-, I . ~~ . w f\ \Jt. .> By: .,~ .. ~~'f)A·~:~ -JJ~ fil\{~ Florida Bar No. 863890 Attorneysfor Delendants 693 CERriFlCATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the above was .served via Email/PDF and U.S. Mail this --;:_-~-·day of April, 2013 on: OFFICE OF THE CITY ATTORNEY 1700 Convention Center Drive, 4th Floor Ivfiami Beach, Florida 33!39 Email: rhondamonto_ya(a{miamibcachfl.f!ov Rcr,1)Ccttully submitted, TAYLOR VEGA, P.A. Attorne,vsfor Plaintiff 2555 Ponce de Leon Boulevard, Suite 220 Coral Gables, Florida 33134 Telephone: (305) 443~2043 Facsimile: (305) 443-2048 By: \ l DA. R. VEGA FlQ.r('(Bar No. 148t20 MIGUEL A. BRIZUELA F!otida Bar No. 21465 Q..vega@!m:Jorve ga.£_om mbrizuelat1j)taylorvea:a.corn earabitgfq{tavlorvega.com H.'235. ART !Jrywa!i\2.35..00! (Halloran Bcn·lit\n Miami lkacll)\Picadings\Stlpnlation for Em1:·· of Final Onltr oflX;missaLdoc:< 2 694 A.R.T. DRYWALL SOUTH, INC., a Florida corporation, Plaintiff, v. CITY OF MIAt.-H BEACH, a Florida municipal corporation, and THE MIAtv1I BEACH REDEVELOPMENT AGENCY, a public body corporate and politic, Defendants. -----··------------------·-----------/ IN THE CIRCUIT COURT OF THE 1 (rH JUDICIAL CIRCUIT IN AND FOR MlAIYfl·DADE COUNTY, FLORIDA CIRCU1T CJVIL DIVISION CASE NO. 13~10726 CA 04 FINAL ORDER OF DISMISSAL \VITH J>REJUJ)ICE THIS CAUSE having come before the Court on the Stipulation for Entry of Final Order of Dismissal \vith Prejudice by the Plaintiff, A.R.T. DRYWALL SOUTH, INC., and Defendants, CITY OF MIAMI BEACH and THE MIAMI BEACH REDEVELOPMENT AGENCY, it is hereupon ORD-ERED and AD.JUDGED as follows:: l. This action is DISMiSSED with prejudice, with each party to bear its O\vn attorneys' fees and costs. DONI~ and ORDERED in Chambers in Miami-Dade County, Florida on this_ day of _________ , 2013. Copies fi1rnished to: Daniel R. Vega, Esq. Rhonda Montoya Hasan, Esq. 695 THE HONORA.BLE BETH BLOOM CIRCUIT COURT JUDGE 696 Exhibit D Penn 17, LLC Tenant Construction Fund (TCF) Reconciliation 04/04/2013 TENANT CONSTRUCTION FUND (TCF} RECONCILIATION ...--·'-"'""''-"'~'""'~'""'-~""""''"'""''""''""-""""'"'""-·""'-'"-'"''""''''''c--""-""""'"'""'-"""""' ___ ,_.,..._,. Penn 17, LLC Per Contract Per Escrow Agent Difference Construction Beginning Balance: $ 1,000,000.00 $ 650,796.82 $ 349,203.18 Authorited Via PmtsMade I novice Date Supplier Description: CMB From TCF Difference 10/27/2011 Sky Builders Labor & materials $ 6,800.00 $ $ 6,800.00 $ 993,200.00 $ 650,796.82 $ 342,403.18 12/14/2011 Holloran Construction labor & materials $ 25,948.00 $ $ 25,948.00 $ 967,252.00 $ 650;796.82 $ 316,455.18 01/24/2012 Ha I loran Construction labor & materials $ 100,548.64 $ $ 100,548.54 $ 866,703.36 $ 650,796.82 $ 215,906.54 03/06/2012 Halloran Construction Labor & materials $ 43,404.00 $ 43,404.00 $ $ 823,299.36 $ 607,392.82 $ 215,906.54 03/20/2012 CMB Building Dept Permit fees(**) $ $ 12,222.92 $ ( 12,222.92) s 823,299.36 $ 595,169.90 $ 228,129.46 03/21/2012 CMB Building Dept Concurrency fees(**) $ $ 48,604.43 $ {48,604.43) $ 823,299.36 $ 546,565.47 $ 276,733.89 03/29/2012 Halloran Construction Labor & materials $ 384,075.00 $ 384,075.00 $ $ 439,224.36 $ 162,490.47 $ 276,733.89 03/30/2012 American Food Equipment Kitchen/restaurant equipment $ 75,000.00 $ 75.000.00 $ $ 354,224.36 $ 87,490.47 $ 276,733.89 05/09/2012 American Food Eq uiprnent Kitchen/restaurant equipment $ 87,490.47 $ 87,490.47 $ $ 276,733.89 $ (0.00) $ 276,733.89 $ $ $ $ $ $ $ $ $ $ $ $ Total Disbursements From TCF to Date: $ 723,266.11 $ 650,796.82 $ 72,469.29 $ 276,733.89 $ $ (276,733.89) Authorized Via PmtsMade Reflected as paid from TCF since receipt of TCF Esrow Statement on 3/12/2013: CMB FromTCF Differem:e 11/05/2012 1845{*) Met 1 Market Labor & materials {u) $ $ 72,546.00 en Sub-Total Discrepancies: $ $ 72,546.00 $ (72,546.00) (Q ....... Revised Total Disbursements from TCF to Date: $ 723,266.11 $ 723,342.82 $ (76.71) Payments made from Tenant's own construction account for labor & materials (Assumes retroactive approval by CMB in lieu of TCF expenditures): Authorized Via PmtsMade Date Check No: Supplier: Description; CMB Penn 17, llC Difference 10/27/2011 Sky Builders labor & materials Approved as $ 6,800.00 $ {6,800.00) 12/14/2011 Halloran Construction Labor & materials TCF $ 25,948.00 $ (25,948.00) 01/24/2012 Halloran Construction Labor & materials Payment $ 100,548.64 $ (100,548.64) 03/23/2012 1089 Halloran Construction labor & materials(*) $ 136,662.74 $ 136,662.74 $ 06/24/2012 1124 Halloran Construction Labor & materials(*) $ 100,000.00 $ 100,000.00 $ 07/05/2012 1136 Halloran Construction labor & materials(*) $ 100,000.00 $ 100,000.00 $ 07/31/2012 1169 Halloran Construction labor & materials(*) $ 100,000.00 $ 100,000.00 $ 08/01/2012 1172 Halloran Construction Labor & materials(*) $ 59,557.72 $ 59,557.72 $ 08/08/2012 1192 Halloran Construction Labor & materials(*) $ 62,053.28 $ 62,053.28 $ 09/05/2012 1233 Halloran Construction Labor & materials(*) $ 68,254.31 $ 68,254.31 $ 10(19/2012 1381 Halloran Construction Labor & materials(*) $ 20,000.00 $ 20,000.00 $ 10/29/2012 1384 Halloran Construction labor & materials(*) $ 35,000.00 $ 35,000.00 $ 11/26/2012 1517 Halloran Construction Labor & materials (*) $ 14,267.50 $ 14,267.50 $ 11/27/2012 1534 Halloran Construction Labor & materials(*) $ 2,500.00 $ 2.500.00 $ Sub-Total, Tenant's Construction Account Disbursements: $ 698,295.55 $ 831,592.19 $ (133,296.64} Total Disbursements to Date: $ 1,421,561.66 $ 1,554,935.01 $ {133,373.35) (**) Note:(*) Assumes retroactive approval by CMB in lieu of TCF expenditures: (**) Difference~ 3 highlighted payments not approved by CMB Exhibit E Penn 17, LLC Check# 1648, in the amount of $50,000.00, dated 04/30/2013 Pay to the order of: Mitrani, Rynor, Adamsky & Toland, P. A. 698 PAY Penn 17 LLC 112 NE 41st Street Miami, FL 33137 305-456-14 70 City National Bank Of Florida One Biscayne Tower Miami, FL 33131 305-577-7277 1648 FIFTY-THOUSAND AND 00/JOO**********~*********.****f*f<*-":~**'ll*********************** DOLLARS ·---------- TO THE ORDER OF Mitrani, Rynor, Adamsky & Toland, P.A. IOTA Trust Account -· 301 Arthur Godfry Road, PH Miami Beach, FL 33140 Penn 17 LLC Mitrani, Ryner, Adamsky & Toland, PA Date Type Reference 4/30/2013 Bill Escrow Account Penn 17 Escrow Account Penn 17 LLC Mitrani, Rynor, Adamsky & Toland, PA Date Type Reference 4/30/2013 Bi!! Escrow Account Penn 17 Escrow Account Original Amt. 50,000 00 Original Amt 50,000 00 699 4/30/2013 Balance Due Discount 50,000.00 Check Amount 4/3012013 Balance Due Discount 50,000 00 Check Amount 1648 Payment 50,000.00 50,000 00 50,000.00 1648 Payment 50,000.00 50,000.00 Exhibit F Penn 17, LLC Notice of Satisfaction and Accord and Waiver of Claims Against Penn 17, LLC by MP Fire Stop Corp 700 NOTICE OF SATISFACTION AND ACCORD AND WAIVER OF CLAIMS AGAINST PENN 17, LLC BY MP FIRE STOP CORP. The Undersigned, on behalf of MP FIRE STOP CORP., ("MPFS"), hereby acknowledges that full and final payment of $7,900.00 (Seven Thousand Nine Hundred Dollars), has been received from or on behalf of PENN 17, LLC extinguishing and retiring any and all outstanding debts and invoices for goods, materials and services rendered for PENN 17, LLC d/b/a Cooper Ave and relating to work performed at 1661 Pennsylvania Ave, Miami Beach FL 33139. By the execution of this document MPFS now and forever releases, waives, indemnifies and holds harmless the City of Miami Beach, Halloran Construction Corp., and PENN 17 LLC d/b/a Cooper Ave for any outstanding debt that it may have had on its own behalf or by and through any and all sub-contractors for the above-referenced job and permit. MPFS voluntarily relinquishes and waives any and all claims and legal actions for the identified debt and shall immediately notify the City of Miami Beach that all debts are satisfied, paid, or otherwise \Vaived and there exists no further claims relating to this particular matter. By: , / (J 4: -3t) ~-I ,~3 Date A R ISLE 1:0 Y t±Et2rV'A rJ:.D&?: 2: Printed Name / On behalf of MP Fire Stop Corp. 121 Golden Isles Drive, #404 Hallandale Beach, FL 33009 STATE OF FLORIDA . COlJNTY OF /1! ft 00 I -<;J:;I[;D e~. The foregoing instrument was executed and acknowledged under oath by ~ts.: i..G/LP y ttf:fl.t··'/}AIJJil):. who is personally known to me or produced identification r I . ' ? .. ··; f'i. 14-,..., ' in the form ofr;.L..]>gwea L1 v.r .. d:t # on this _;;t2_ day off't.CiL, 2013. ·++ t;s;-..,; Doc 7--9 327o My Commission expir 701 702 Exhibit G Penn 17, LLC General Release This Jnstmmem Prepared 1Jy: City Attomey 's Office City ofMiami Beach 1700 Convention Canter Drive Fourth Floor Miami Beach, Fiorida 33/39 GENERAL RELEASE As consideration for the Mayor and City Commission of the City of Miami Beach, Florida's adoption of Resolution No. 2013-28167 on March 13, 2013, PENN 17 LLC, a Florida Hmited liability company, for itself and its officers, directors, shareholders and principals (correctively "Tenant"), and AMIR BEN ZION, personally and individually, by execution hereof, hereby fully and unconditionally release the City of Miami Beach, Florida, and its commissioners, employees, administrative executives, staff, attorneys, and their respective successors and assigns (colfectivety "City"), from any and aft manner of actions, causes of action, contracts, agreements, covenants, controversies, claims, and demands whatsoever, whether legal or equitable, known or unknown, fixed or contingent (collectively, the "Claims"), from the beginning of the world until the Effective Date of this Release (as set forth in page 2 hereof), and relating to that certain retail lease agreement by and between the City of Miami Beach, the Miami Beach Redevelopment Agency (as "Landlord"), and Tenant, dated September 16, 2011, involving the lease of approximately 7,655 square feet of ground retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida (the "Premises"), including, without limitation, any Claims resulting from the (i) ventilation system, and/or (ii) the air conditioning system on the Premises. The provisions of this Release shaH survive any termination or expiration of the Lease. This Release contains the entire agreement between the parties, hereto, and the terms of the Release are contractual and not a mere recitaL [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 703 IN WITNESS WHEREOF, I have hereunto set our hand and seal this----- day of , AD., 2013 ("Effective Date"). ATTEST: By: _________ _ Secretary Print Name STATE OF FLORIDA COUNTY OF MIAMI~DADE ) } SS: ) TENANT: PENN 17, LLC By:----.::------- General Partner Print Name The foregoing instrument was acknowledged before me this day of ~-:--;""'7:""";~· 2013, by as of Penn 17, LLC, a limited liability entity. He/she is personally known to me or produced valid Florida driver's licenses as identification. Name: ____________________ _ (Print Name) Notary Public -State of Florida My Commission Expires: ___ _ 2 704 ATIEST: By: __________________ __ Print Name STATE OF FLORIDA COUNTY OF MIAMI~DADE ) ) SS: ) AMIR BEN ZION By: ________ _ Amir Ben Zion Print Name The foregoing instrument was acknowledged before me this day of o;:::-;--..,...,...._,...,.__,., 2013, by Amir Ben Zion. He/she is personally known to me or produced valid Florida driver's licenses as identification. Name:--------------~----- (Print Name) Notary Public -State of Florlda My Commission Expires: ____ _ 3 705 706 Exhibit H Penn 17, LLC Claim of Lien A & P Air Conditioning Corporation PREPARED BY Adrian F. Gonzalez A & PAIR CONDITIONING CORPORATION 2322 West 78th Street Hialeah, Florida 33016 (3051 556-7849 CLAIM OF LIEN STATE OF FLORIDA COUNTY OF MIAMI DADE BEFORE ME, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Adrian F. Gonzalez, to me known to be the person described in, or has produced identification and who, after being first duly sworn, deposes and says that he/she is the agent of the lienor herein: A & P AIR CONDITIONING CORPORATION 2322 WEST 78TH STREET HIALEAH, FLORIDA 33016 and that in accordance with a contract with: HALLORAN CONSTRUCTION lienor furnished labor, services or materials consisting of: HVAC on the following described real property: GIGI'S RESTAURANT I 1661 PENNSYLVANIA AVENUE I MIAMI BEACH, FLORIDA I AS RECORDED IN THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA I PROPERTY CONTROL If 02-3227-000-0090 NOC: INSTRUMENT it 2012R0211198 34 53 42 138.17 AC M/L PARK EAST OF BAYSHORE GOLF COURSE & PARK SO OF CANAL & E OF WASHINGTON AVE LESS PARVEL TO BPI PER OR 976-566 & LESS GREATER MIMii HEBREW ACAD PER. OR 2241·185 owned by: CITY OF MIAMI BEACH FLA BAY SHORE CLUB COURSE MIAMI, FLORIDA 33125-3713 of a total value of: TWO HUNDRED THOUSAND DOLLARS AND 00/00 ($223,693.00) of which there remains unpaid: II IIIII Ulllllllllllllllllllllll 111111111 till CFI"" 2() ~ 2R089320 :1 OR Bk 28396 Pa 3630i (1vs) RECORDED 12/12/2012 12~~;;55 HARVEY RUUIN1 CLERK OF COURT MIAMI-DADE COUNTYt FLORIDA u,s·; PAGE WARNINGt THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN. HOWEVER, THE NEGLIGENT INCLUSION OR OMISSION OF ANY INFORMATION IN THE CLAIM OF LIEN WHICH HAS NOT PREJUDICED THE OWNER DOES NOT CONSTITUTE A DEFAULT THAT OPERATES TO DEFEAT AN OTHERWISE VALID LIEN. TWENTY TWO THOUSAND EIGHT HUNDRED DOLLARS AND 00/100 ($73,693.00) for which amount the lienor claims a lien on the above described real property. He/She further states that the lienor furnished the first of said labor, services or materials on MARCH 27, 2012, and the last of the same on SEPTEMBER 20, 2012 , and that the lienor served a Notice to Owner on MARCH 27, 2012 , by Certified Mail and that the lienor served a Notice to Owner on the contractor by Certified Mail. Under penalties of perjury r declare that I have read the foregoing and the facts alleged are true, to the best of my knowledge and belief. A & P AIR CONDIT ING CORPORATION Adrian F. Goriz1l-Ie;', ice President _ The foregoing instrument was sworn and subscribed b fore me this !.2-day of D£_C·.J!~;t2012 by Adrian F. Gonzalez of A & PAIR CONDITION~G CORVO'RATION He s[le is personally known to me and/or did take an oath. , -l ' My Commission Expires: 707 Exhibit I Penn 17, LLC DRAFT Amendment No.3 to the Retail Lease Agreement 708 Draft 4-29-13 AMENDMENT NO. 3 TO THE RETAIL LEASE AGREEMENT (THE LEASE) BETWEEN THE CITY OF MIAMI BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY AND PENN 17, LLC, DATED SEPTEMBER 16, 2011, INVOLVING THE LEASE OF APPROXIMATELY 7,807 SQUARE FEET OF GROUND FLOOR RETAIL SPACE AT THE PENNSYLVANIA AVENUE GARAGE, 1661 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA This Amendment No. 3 (Amendment) to Lease, is made and executed as of this __ day of , 2013 (Effective Date), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under th~Jaws of the State of Florida (City), the MIAMI BEACH REDEVELOPMENT AGENCY, a puptic body corporate and politic (RDA), hereinafter referred to collectively as (landlord), the' .PENN 17, LLC, a Florida corporation, whose principal place of business is located 1661 Pennsylvania Avenue, Suite 6, Miami Beach, Florida 33139 (Tenant). · RECITALS: [TO BE INSERTED] NOW, THEREFORE, in consideration of the mutdatcovenants contained herein and other good and valuable consideration,· 'th~ receipt and .sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agfeetQ amend theLease as follows: 1. Item 9 of the .t-ease Summary, entitled ''Permitted Use of Premises/Retail Space (Section 3.t)(Section 3J 1 )," paragraph 1 thereof, is deleted in its entirety and replaced with the following new paragraph: ;'_~; ,_.,,. '·-'·,_ ·'' ' The mairilprimary uses of the RestaUrant Space, as also described in Exhibit "B," shall be for the operation of theJollowing: ' •. !ill ' , • ~~ • • «C • ', ~ < ' , ' ' , . ' , ' ' , ; ' . ' a'pproxim~tely 4000 sq. ft.* of the Space facing 1tn Street will house the Bond Streetrestaurant, which will be relocated from its current venue at The Townhouse HoteL\ 150 20 1h Street, Miami Beach, Florida; approximately 2000 sq. ft.* of the Space will house the area referred to as "The Counter" (but which Tenant reserves the right to re-name), and will feature a large counter bar with seating. open kitchen, and communal tables; and ... · . approximately 2000 sq. ft.* will house a lounge/bar, "The Garage," which will serve a variety of beers and cocktails; and a music program which will include bot live bands and DJ's. *[NOTE: Individual square footages above need to be corrected; they exceed Gross Rentable Area of Premises/Retail Space, which is 7,655 sq. ft.] Tenant's main/primary uses of the Restaurant Space are further described in Exhibit "A" attached hereto. [NOTE: Exhibit "A" is Business Plan Amir gave us.] 1 709 Draft 4-29-13 2. Item 10 of the Lease Summary, entitled "Term of Lease (Section 1.1 )," hereby amends the following defined terms as follows: .(§1 Landlord and Tenant (the Parties) hereby agree and acknowledge that the "Lease Commencement Date" is October 13. 20 11; {Ql the Parties hereby agree and acknowledge that the "Rent Commencement Date" is April14, 2012; and £9. the Parties hereby agree and acknowledge that the "Expiration Date" is October 12, 2021 3. Item 11 of the Lease Summary, entitled "Minimum Rent(Section 2.2)," is deleted in its entirety and replaced with the table attached as Exhibit "B" hereto: 4. Item 16 of the Lease Summary, entitled "Security •. Deposif{Section 2.7)," is amended to include the following additional paragraph: Upon approval of Amendment No .. 3 by the Mayor and CitY Commission and execution of the Amendment by Landlord and Tenant, Landlord will apply a portion of the Security Deposit. In the amount of$ 47,843 to satisfy past-due Minimum Rent and Additional Rer\L(CAMLOwed by Tenant for the months of November and December, 2012. Commencing on the fifth year of the Lease Term. Tenant shall re-pay the portion of the Security Deposit applied to past due rent amounts owed in twe!\le(12) equal, consecutive monthly installments, in the amount of$ 3,987 each.· · 5. Item 24 of the Lease Summary, entitled "Trade Name (Section 3.1 )," is deleted in its entirety and replaced with the followin~r · ill "BondStreet Restaurant"; ill} "The .Counter" (provided, however. that Tenant reserves the right to re-name this Portion of the Restaurant Space); and 1illl · "The Gara9e'~. (lounge/bar),· . 6. The Premises/Retail Space shall re-open for business no later than [FILL IN], 2013. 7: :General Release .. By execution of this Amendment No. 3 to Lease, and as additional consideration for the Mayor and City Commission of the City of Miami Beach, Florida's appro\/al of this Amendment, PENN 17 LLC, a Florida limited liability company, for itselfal1d its Officers, directors, shareholders and principals (collectively "Tenant"), and AMIRa~N ZION, personally and individually, hereby fully and unconditionally release the, City of Miami Beach, Florida, and its commissioners, employees, administrative executives, staff, attorneys, and their respective successors and assigns (collectively "City"), from any and all manner of actions, causes of action, contracts, agreements, covenants, controversies, claims, and demands whatsoever, whether legal or equitable, known or unknown, fixed or contingent (collectively, the "Claims"), from the beginning of the world until the Effective Date of this Amendment No. 3 (as set forth in page 1 hereof), and relating to that certain retail lease agreement (the "Lease") by and between the City of Miami Beach, the Miami Beach Redevelopment Agency (as "Landlord"), and Tenant, dated September 16, 2011, involving the lease of approximately 7,655 square feet of ground retail space at the 2 710 Draft 4-29-13 Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida (the "Premises"), including, without limitation, any Claims resulting from the (i) ventilation system, and/or (ii) the air conditioning system on the Premises. The provisions of this Release shall survive any termination or expiration of the Lease. This Release contains the entire agreement between the parties, hereto, and the terms of the Release are contractual and not a mere recital. 8. Except as amended herein, a!! other terms and conditions of the Lease shall remain in full force and effect and are hereby ratified and confirmed by the parties. WITNESS WHEREOF, this Amendment No. 3 has been duly executed by the parties hereto as of the day and year first above written. .·. [ ,·, ATTEST: CITY OFMIAMI BEACH, FLORIDA City Clerk Mayor ---'-,---day of_,;_;..~---' 2013. ATIEST: MIAMI BEACH REDEVELOPMENT AGENCY Secretary i; ·. · · · Chairperson ___ day of _____ , 2013. PENN 17, LLC. ATTEST: President Secretary Print Name 3 711 WITNESSES: Signature Print Name Signature Print Name Draft 4-29-13 ___ day of _____ , 2013. Approved and executed as to Paragraph 9/ General Release: By: __________ ~~-------- Amir Ben Zion·· F I$AII\Econ\RHCD\Asset\Pennsylvanla Ave Garage leases\Penn 17\Proposed Rent Schedule Amendment_3 files\Penn 17 Amendment No 3 043013.docx 4 712 RESOLUTION TO BE SUBMITTED 713 THIS PAGE INTENTIONALLY LEFT BLANK 714