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20130717 BMMIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive July 17, 2013 Mayor Matti Herrera Bower Vice~Mayor Edward L. Tobin Commissioner Jorge R. Exposito Commissioner Michael Gongora Commissioner Jerry Libbin Commissioner Deede Weithorn Commissioner Jonah Wolfson City Manager Jimmy L. Morales City Attorney Jose Smith City Clerk Rafael E. Granado Visit us at www.miamlbeachfl.gov for agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's Office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move any agenda item to the alternate meeting date, which will only be held if needed. In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. Call to Order~ 9:00a.m. Inspirational Message, Pledge of Allegiance Requests for Additions, Withdrawals, and Deferrals The City Commission will recess for lunch at approximately 1 :00 p.m. Presentations and Awards Regular Agenda PA Presentations and Awards R2 Competitive Bid Reports R5 Ordinances Consent Agenda R7 Resolutions C2 Competitive Bid Reports R9 New Business & Commission Requests C4 Commission Committee Assignments R 1 0 City Attorney Reports C6 Commission Committee Reports C7 Resolutions Reports and Informational Items We are committed to providing excellent public service and safety to all who live. work, and play in our vibrant, tropical, historic community. 1 Commission Agenda, July 17, 2013 Presentations and Awards PA1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For May 2013. (Requested by Commissioner Jorge R Exposito) PA2 Proclamation To Be Presented For CJ Ortuno From SAVE Dade. (Requested by Commissioner Jorge R. Exposito) PA3 Certificates Of Appreciation To Be Presented To All Public Works And Capital Improvement Projects Employees For Their Continuous Hard Work And Fast Response To Any Situation In The City Of Miami Beach. (Requested by Commissioner Jorge R. Exposito) PA4 Certificate Of Appreciation To Be Presented To Mr. Rick Beasley The Executive Director Of South Florida Workforce Investment Board For His Continued Support And Contributions To The New Generation Leadership And Workforce Institute And Workforce Services In The City Of Miami Beach, Service Provided By UNlOAD Of Miami Beach. (Requested By Mayor Matti Herrera Bower) PA5 Certificate Of Recognition To Be Presented To TV Show, Burn Notice, Filmed In Miami Beach. (Requested by Mayor Matti Herrera Bower) PA6 Certificate Of Recognition To Be Presented To Joshua Williams, One Of America's Top 10 Youth Volunteers Of The Year. (Requested by Mayor Matti Herrera Bower) (Deferred on June 5, 2013) PA7 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood Leadership Academy Graduates. (City Manager's Office) PA8 Certificate Of Recognition To Be Presented To Benjamin Abo, Mount Sinai Hospital Resident, For His New York Subway Rescue Good Samaritan Act. (Requested by Commissioner Michael Gongora) 2 2 Commission Agenda, July 17, 2013 CONSENT AGENDA Action: Moved: Seconded: Vote: C2-Competitive Bid Reports C2A Request For Approval To Issue A Request For Qualifications (RFQ) For Design/Build Services For Right Of Way Infrastructure Improvement Program Neighborhood No. 88 -Lower North Bay Road. (Capital Improvement Projects) (Memorandum to be Submitted in Supplemental) C2B Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 018-2013TC, For The Construction Of Beachwalk II-Phase I From South Pointe Drive To 3rd Street. (Capital Improvement Projects/Procurement) C2C Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 172-2013TC, For The 1701 Meridian Avenue 4th Floor Renovation. ,(Capital Improvement Projects/Procurement) C2D Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 173-2013TC, For The Reconstruction Of Surface Parking Lots 12x And 17x. (Capital Improvement Projects/Procurement) {Memorandum to be Submitted in Supplemental) C2E Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 260-2013TC, For The Miami Beach Golf Course Drainage Remediation. (Capital Improvement Projects/Procurement) C2F Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 268-2013TC, For Dune Restoration Services. (Public Works/Procurement) C2G Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 014-2013TC, For The Demolition Of The Normandy Shores Park Building. (Parks & Recreation/Procurement) C2H Request For Approval To Issue A Request For Proposals (RFP) For The Management And Operation Of The Street Markets On Lincoln Road, Normandy Village, Collins Park And Other Locations. (Real Estate Housing Community Development/Procurement) 3 3 Commission Agenda, July 17, 2013 C2-Competitive Bid Reports (Continued) C21 Request For Approval To Award Contracts Pursuant To Invitation To Bid No: 145-2013, For Routine And Emergency Sanitary Sewer And Storm Water Pipes Cleaning, And Close Circuit Television (CCTV) Inspection Services. (Public Works/Procurement) (Deferred from June 5, 2013) (Memorandum to be Submitted in Supplemental) C2J Request Approval To Renew, In Some Cases Retroactively, Contracts For Routine Operational Requirements. (Procurement) C2K Request For Approval To Award A Contract To Oracle Elevator Company Pursuant To Invitation To Bid (ITS) 183-2013, For City Hall Elevator Renovation. (Property Management/Procurement) C4 -Commission Committee Assignments C4A Referral To The Finance And Citywide Projects Committee - A Discussion On Increasing The Living Wage Rate In Accordance With The Options Pursuant To The Ordinance 2010-3682. (Procurement) C4B Referral To The Finance And Citywide Projects Committee-A Discussion On The Review And Recommendations For Improving The City's Procurement Code Completed By The National Institute For Public Procurement (NIGP). (Procurement) C4C Referral To The Finance & Citywide Projects Committee -Proposed Comprehensive Records Management Plan. (City Clerk's Office) C4D Referral To The Finance And Citywide Projects Committee -Discussion Regarding Walker Parking To Conduct A Parking Supply And Demand Analysis. (Parking Department) C4E Referral To The Land Use And Development Committee -Boat Docks And Marine Structures Ordinance. (Requested by the Planning Board) (Legislative Tracking: Planning Department) 4 4 Commission Agenda, July 17, 2013 C4 -Commission Committee Assignments (Continued) C4F Referral To The Planning Board -Ordinance Amendment lncentivizing The Retention Of Architecturally Significant Single Family Homes Built Prior To 1942. (Requested by Mayor Matti Herrera Bower) (Planning Department) C4G Referral To The Planning Board -An Ordinance Amendment Adding St. Patricks Church To The 40th Street Religious Institution Overlay District. (Requested by Commissioner Edward L. Tobin) (Planning Department) C4H Referral To The Parking & Transportation Committee And The Neighborhood/ Community Affairs Committee A Comprehensive Discussion Of Parking In The City Of Miami Beach. (Requested by Mayor Matti Herrera Bower) C41 Referral To The Land Use And Development Committee -An Ordinance That Would Require That All Easement, Alley And/Or Right-Of-Way Vacation Requests Be Approved By The City Commission Before The Project In Question Is Heard Before Any Of The City's Land Use Boards. (Requested by Mayor Matti Herrera Bower) C4J Referral To The Land Use And Development Committee-Discussion Concerning The Motion By The GLBT Business Enhancement Committee Regarding Extending Hours Of Operation For The Four Event Weekends: White Party, Winter Party Festival, Miami Beach Gay Pride And Aqua Girl. (Requested by Commissioner Michael Gongora) C4K Referral To The Land Use And Development Committee -Discussion Concerning Retractable Roofs On Outdoor Cafes. (Requested by Commissioner Michael Gongora) C4L Referral To The Planning Board -An Ordinance Amendment That Places A Six-Month (6) Moratorium Limited To The Issuance Of Orders Or Permits For The Substantial Or Total Demolition Of Architecturally Significant Single-Family Homes. (Requested by Mayor Matti Herrera Bower) 5 5 Commission Agenda, July 17, 2013 C6 -Commission Committee Reports C6A Report Of The Neighborhood/Community Affairs Committee Meeting On May 20, 2013: 1) Referral To The Neighborhood/Community Affairs Committee A Discussion Regarding The City Of Miami Beach Centennial, Which Will Occur On March 26, 2015. 2) Discussion Regarding Proposed Amendments To City Code Chapter 38 Regarding "Elections." 3) Discussion Involving Citywide Lighting Conditions. 4) Discussion Regarding 1) Amendments To Land Development Regulations Sections 142-109, 142-905 And 142-1111. 2) The Amendments Shall Prohibit, And Set Forth The Appropriate Penalties, For Individuals And/Or Entities That Advertise The Transient Occupancy (Short-Term Rental) Of Those Properties Which Are Located Within A Single Family Or A Multi-Family Zoning District, As Specifically Delineated In Sections 142-905 And 142-1111. 3) The Amendment To Section 142-109 Shall Prohibit The Advertisement Of Those Single Family Residential Properties For The Purpose Of Allowing The Commercial Use Of The Premises, And The Advertisement Of Those Events, Gatherings Or Promotions At The Single Family Residential Property, Consistent With The Prohibitions Set Forth Within Section 142-109. 5) Discussion Regarding A Proposed Public Art Project For Placement In South Pointe Park Pier. 6) Discussion Regarding Possible Amendments To Chapter 70 Article Ill (Section 70-122-129), "Graffiti Ordinance." 7) Discussion Regarding Bicyclist Safety Campaign With The Miami Beach Police Department, Deco Bikes And Local Bicycle Rental Companies. 8) Discussion Regarding The Restoration Of Monument Island. 9) Status Update For The Beach Walk From Sunrise Plaza To Fifth Street. 10) Discussion Regarding Status Of The Naming Of The Tennis Center At Flamingo Park. Emergency Item: 11) Discussion Regarding The FOOT Alton Road Project Between 61h And Michigan. 6 6 Commission Agenda, July 17, 2013 C6 -Commission Committee Reports (Continued) C6B Report Of The Land Use And Development Committee Meeting On June 12, 2013: 1) Discussion Regarding The FOOT Alton Road Project And The Alton Road Reconstruction Coalition (AARC). 2) Reduced Parking Rates For Hotel Employees. 3) 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. 4) Review Of Miami Beach Land Use Boards To Improve The City Of Miami Beach Building And Planning Department Processes. 5) Discussion Regarding Food Trucks On Private Property. 6) Discussion Pertaining To "Smarter Materials For Next Generation Infrastructure," Such As Eliminating The Disposal Of Tires In Global Landfills And Incinerators. 7) Discussion Regarding An Amendment To The Land Development Regulations That Will Create Protection From Total Demolition Of Architecturally Significant Single Family Homes Built Prior To 1942. 8) Discussion Regarding The Proposed Ordinance "Revising The Year Of Review For Architectural Significance Of Single Family Homes From The Current 1942 To The Year 1966, And By Modifying The Procedures For The Review And Approval Of Demolition Requests For Single Family Homes Determined To Be Architecturally Significant And Not Located Within A Designated Historic District". 9) Discussion Concerning A Proposed Amendment Of The Charter To Prohibit The Involuntary Designation Of Single-Family Residences As Individual Historic Sites, Hereinafter Referred To As The Miami Beach Homeowner Protection Act. 10) Discussion Regarding A Resolution Pursuant To City Code Section 118-591 Declining To Pursue The Proposed Designation Of 42 Star Island Drive As A Historic Site. 11) Discussion Regarding The Condition Of The Stones In The 1100 Block Of Lincoln Road. 12) Discussion Regarding The Current Sidewalk Cafe Ordinance. 13) Discussion Regarding An Item Addressing The Uses Adjacent To St. Patrick's Church And The Possibility Of Permitting Additional Uses. 14) 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, 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. C6C Report Of The Special Finance And Citywide Projects Committee Meeting On May 22, 2013: 1) Private Closed Attorney-Client Session Scheduled From 2:00 p.m. To 3:00 p.m. To Discuss Settlement Negotiations And/Or Strategy Related To Litigation Expenditures With Regard To The Attached Referenced Litigation Matters. 2) Discussion Of The Miami Beach Convention Center Proposals And The Miami Beach Convention Center Master Plans. 7 7 Commission Agenda, July 17, 2013 C6 -Commission Committee Reports (Continued) C6D Report Of The Neighborhood/Community Affairs Committee Meeting On June 26, 2013: 1) Consideration And Discussion Of Proposed Amendments To The City's Noise Ordinance. 2) Discussion To Consider Leaving The Altos Del Mar Location As Passive Greenspace. 3) Discussion Regarding Considering Hosting A Biannual Art Camp Held In Miami Beach In Cooperation With UNESCO. 4) Discussion Regarding Bicyclist Safety Campaign With The Miami Beach Police Department, Deco Bikes And Local Bicycle Rental Companies. 5) Resolution Supporting The Efforts Of Miami-Dade County And The Miami-Dade County Public Schools' Joint Roundtable On Youth Safety to Neighborhood/Community Affairs Committee and Committee on Quality Education. 6) Discussion Regarding The Restoration Of Monument Island. 7) Discussion Regarding The Collins Park Garage Project (Collins Park Place). 8) Discuss The Enforcement Components Of The Recycling Ordinance. 9) Discuss An Amendment To The Special Event Requirements And Guidelines To Include Recycling Requirements For All Special Events That Require A Sanitation Plan. 10) Discuss An Amendment To The Energy Economic Zone Ordinance To Include Miami-Dade County's Green Business Certification Program As An Eligibility Criteria To Receive The EcoZone Program Tax Incentives. 11) Report From City Staff On The Traffic Calming And School Zone Expansion Initiative For 41st Street Between Meridian Avenue And Garden Avenue To Improve School Safety At Nautilus Middle School. 12) A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee Not To Name The New Tennis Center At Flaming Park (The Center) The "Flamingo Park Tennis Center," As Proposed By The Flamingo Park Neighborhood Association And, Further, To Keep The Existing Proposed Name Of The Center As The "Flamingo Park/Holtz Tennis Center," In Accordance With The Intent Of The Prior Agreement(s) Entered Into By The Tennis Center," In Accordance With The Intent Of The Prior Agreement(s) Entered Into By The City. 13) Discussion Regarding The Issue Of The Use Of Medical Marijuana. 14) An Ordinance Amending Miami Beach City Code Chapter 2 Entitled "Administration," Article VII Entitled "Standards Of Conduct," Division 2 Entitled "Officers, Employees, And Agency Members," By Amending Section 2-446 Thereof Entitled "Declaration Of Policy" To Provide For Limited Standards Of Conduct Applicable To The City's Special Masters, And Creating City Code Section 2-461 Establishing Special Master Lobbying Prohibitions; Providing For Repealer, Severability, Codification, And An Effective Date. C6E Report Of The Special Land Use And Development Committee Meeting On July 8, 2013: 1) Discussion Regarding Miami Beach Convention Center Master Plan Program Components. 8 8 Commission Agenda, July 17, 2013 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 Miami-Dade County For FY 2013/2014 Edward Byrne Memorial Justice Assistance Grant Program Funds In The Approximate Amount Of $8,726 For The Police Department's Records Improvement Program; And, 2) Execute An lnterlocal Agreement And Annual Affidavit With Miami-Dade County For The FY 2012/2013 Miami-Dade County Municipal Parking Fines Reimbursement Program, For Funding In The Approximate Amount Of $61,000, For Funds To Be Used To Improve Accessibility And Equal Opportunity To Qualified Persons Who Have Disabilities And To Conduct Public Awareness Programs; Appropriating The Grant And Program Funds, And City Expenses, If Approved And Accepted By The City And Authorizing The Execution Of All Necessary Documents Related To The Aforestated Application, Including, Without Limitation, Audits, And Authorizing The City Manager Or His Designee To Take All Necessary Actions Related To This Grant. (Budget & Performance Improvement) C7B A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For Proposals (RFP) No. 064-2013, For Audit Services Of Capital Improvement Projects. (Budget & Performance lmprovemenUProcurement) C7C A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Proposals (RFP) No. 065-2013TC, For Emergency Management Administrative Support Services. (Budget & Performance lmprovemenUProcurement) C7D A Resolution Providing Authorization To The Mayor And City Clerk To Execute Amendment No. 25 To The Professional Services Agreement Between The City Of Miami Beach, Florida, And CH2M Hill, Inc. For The Professional Landscape, Architectural And Engineering Services For The Right-Of-Way Infrastructure Improvement Program For Neighborhood No. 8 Bayshore And Sunset Islands, Dated May 16, 2001 (The Agreement), In The Negotiated Not-To-Exceed Amount Of $443,861 For Additional Construction Administration Services, For A Period Of Eight (8) Months And For Additional Design Services For The Right Of Way Infrastructure Improvements For The Central Bayshore Neighborhood No. 8A Package; And $5,000 For Reimbursable Expenses, For A Grand Total Not-To-Exceed Amount Of $448,861; With Previously Appropriated Funding. (Capital Improvement Projects) C7E A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 251-2013TC, For A Design Build Firm To Provide Pre-Construction Services And Construction Services Via A Guaranteed Maximum Price (GMP) Amendment For The Palm And Hibiscus Islands Right Of Way Improvement Project. (Capital Improvement Projects) (Memorandum to be Submitted in Supplemental) 9 9 Commission Agenda, July 17, 2013 C7 -Resolutions (Continued) C7F A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee And Further Authorizing The Administration To Proceed To The Next Phase Of The Collins Park Garage (Collins Park Place) Project. (Capital Improvement Projects) C7G A Resolution Re-Appointing Mr. Warren Bittner, Esq. To Serve As Special Master For Appeals Of Decisions Of The City's Historic Preservation Board Until September 16, 2016, And Setting The Compensation At $100.00 Per Hour With A Maximum Payment Of $500.00 Per Case. (City Clerk's Office) C7H A Resolution Amending Resolution 2013-28187, To Authorize, Pursuant To Sections 118- 537(8)(3) And 142-108(G)(3) Of The Miami Beach City Code, The Payment Of $2,436.00 To Murray Greenberg, Esq. As Reasonable Fees And Expenses For The Services Rendered As Special Master In The Appeal Of "In Re: 42 Star Island Drive, Miami Beach, FL," Case No. HPSM-13-001, ORB File No. 22936. (City Clerk's Office) C71 A Resolution Amending Resolution No. 2012-27928, Which Authorized A Contract With Bob Murray & Associates To Assist The Mayor And City Commission In The City Manager Selection/Hiring Process; Said Amendment Increasing The Original $25,000.00 Not-To-Exceed Contract Amount By $2,000.00, For A New Total Not-To-Exceed Amount Of $27,000.00, Due To Unforeseen Expenses And Authorizing The City Attorney To Execute Any Required Amendment To The Contract. (Human Resources/City Attorney's Office) C7 J A Resolution Approving And Authorizing The City Manager To Execute An Independent Contractor Agreement, In An Amount Not To Exceed $50,000, With Jorge G. Gomez, AICP (Contractor), For A Period Of Five (5) Months, Commencing Retroactively On July 1, 2013, And Ending On November 30, 2013, For Professional Services Related To The Miami Beach Convention Center Project (RFQ No. 22-11 /12). (Human Resources) C7K A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee Related To The City's Self-Funded Group Health Plan. (Human Resources) (Memorandum to be Submitted in Supplemental) C7L A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee At Its May 13, 2013 Meeting To Adopt The Budget Advisory Committee's Proposed Policies And Guidelines In Order To Ensure Long Term Pension Reform. (Human Resources) 10 10 Commission Agenda, July 17, 2013 C7 ~ Resolutions (Continued) C7M A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee To Authorize The City Of Miami Beach To Partner With Miami~Dade County Public Schools And The Anti-Defamation League To Implement A Citywide Anti-Bullying Program For The 2013-14 School Year And Authorizing The Implementation Of The Program As Set Forth Herein. (Organization Development Performance Initiatives) C7N A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee And Authorizing The Mayor To Enter Into An Agreement, Acceptable To The City Attorney And The City Manager, With The Miami Beach Chamber Of Commerce, The Children's Trust, North Bay Village, The Town Of Bay Harbor Islands, The Town Of Surfside, And Sal Harbour Village To Implement The Nurse Initiative For The 2013-2014 School Year With Previously Appropriated Funding In The Amount Of $30,500 From The Miami Beach Education Compact Fund For FY 2012/13 For The City Of Miami Beach's Proportionate Share Of Funding For The Nurse Initiative. (Organization Development Performance Initiatives) C70 A Resolution Authorizing The Miami Beach Chief Of Police To Execute A Multi-Agency Memorandum Of Understanding Between The City Of Miami Beach Police Department And The South Florida Internet Crimes Against Child Operational Task Force That Combat Crimes Committed Against Children, And That Which Prevents The Criminal Exploitation Of Children Committed And/Or Facilitated By Or Through The Use Of The Internet And Computers, And To Disrupt And Dismantle Organizations Engaging In Such Activity. (Police Department) C7P A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For Proposals (RFP) No. 01-2013ME, For Unarmed Security Guard Services. (Police/Procurement) C7Q A Resolution Retroactively Approving An Additional Service Agreement With COM-Smith For Work On The Stormwater Management Master Plan Relative To Neighborhood Concurrency Reviews, A Public Meeting, And Additional Model Runs Requested As A Result Of That Meeting. (Public Works) C7R A Resolution Setting A Public Hearing For September 11, 2013, To Consider A Revocable Permit Request By First Street Development, LLC, As The Owner Of The Commercial Property Located At 800 First Street, To Construct Four (4) Concrete Eyebrows That Project Over And Into The Public Right-Of-Way, At A Minimum Horizontal Dimension Of 2'-2" At 9'-6" Above The Sidewalk, To A Maximum Horizontal Dimension Of 5'-0" At 9'-8"Above The Sidewalk. (Public Works) 11 11 Commission Agenda, July 17, 2013 C7-Resolutions (Continued) C7S A Resolution Approving And Authorizing The City Manager To Execute An Agreement Between The City And The Florida Department Of Transportation (FOOT), For The FOOT To Install, Maintain, And Operate A Global Positioning System (GPS) Reference Station Which Includes Antenna, Receiver, And Communication Equipment At The Tennis Center Building In Flamingo Park, Located At 1200 Meridian Avenue. (Public Works) C7T A Resolution Accepting The Recommendation Of The Joint Neighborhood/Community Affairs Committee And Land Use And Development Committee To Proceed With Phase 2 Of The Atlantic Greenway Network Master Plan Update And Endorsing The Administration's Recommendation Of A Proposal From Atkins North America, Inc. And Streetplans Collaborative For Phase 2 Of The Atlantic Greenway Network Master Plan Update Subject To Funding Approval In The FY 2013/14 Capital Budget. (Public Works) C7U Approve Assignment To Existing Agreements Between The City And Corzo Castella Carballo Thompson Salman, P.A ("C3TS") (As Assignor), To Stantec Consulting Services Inc. (As Assignee): 1. A Resolution Approving An Assignment To The Existing Agreement For The Establishment Of A Pre-Approved List Of Professional Construction Engineering And Inspection (CEI) Firms To Provide Various CEI Services On An "As Needed" Basis (No. 01-07/08) Between The City And Corzo Castella Carballo Thompson Salman, P.A ("C3TS") (As Assignor), To Stantec Consulting Services Inc. (As Assignee), Retroactively Dated November 30, 2013. 2. A Resolution Approving An Assignment To The Existing Professional Services Agreement For A Design Criteria Professional To Prepare The Design Criteria Package For The Palm And Hibiscus Neighborhood Right-Of-Way Improvement Project (RFQ 35-10/11) Between The City And Corzo Castella Carballo Thompson Salman, P.A. ("C3TS") (As Assignor), To Stantec Consulting Services Inc. (As Assignee), Retroactively Dated November 30, 2013. 3. A Resolution Approving An Assignment To The Existing Professional Services Agreement For A Design Criteria Professional To Prepare The Design Criteria Package For The Sunset Islands 3 & 4 Neighborhood Right-Of-Way Improvement Project (No. 04-11/12) Between The City And Corzo Castella Carballo Thompson Salman, P.A. ("C3TS") (As Assignor), To Stantec Consulting Services Inc. (As Assignee}, Retroactively Dated November 30, 2013. 4. A Resolution Approving An Assignment To The Existing Agreement For Professional Construction Engineering And Inspection (CEI) Firms To Provide Various CEI Services On An "As Needed" Basis (No. 52-11/12) Between The City And Corzo Castella Carballo Thompson Salman, P.A ("C3TS") (As Assignor), To Stantec Consulting Services Inc. (As Assignee), Upon Completion Of Successful Negotiations. (Procurement) 12 12 Commission Agenda, July 17, 2013 C7 -Resolutions (Continued) C7V A Resolution Adopting The City's One-Year Action Plan For Federal Funds For Fiscal Year 2013/2014, Which Includes The Budgets For The Community Development Block Grant (CDBG) Program, The Home Investment Partnership (HOME) Program, The Fiscal Year 2012/2013 State Housing Initiatives Partnership (SHIP) Program And Value Added Enhancement Funds; Amending The FY 1994-2011 Action Plans, Authorizing The City Manager To Make Minor Non- Substantive Changes To The One-Year Action Plan Or Resulting Agreements Before Execution (Which May Be Identified During The Finalization And/Or Review Process, And Which Do Not Affect The Purpose, Scope, Approved Budget And/Or Intent Of The Plan); Authorizing The City Manager To Extend The Expiration Dates Of Said Agreements When Necessary; Authorizing The City Manager To Execute All Applicable Documents And Submit The One-Year Action Plan To The U.S. Department Of Housing And Urban Development (HUD); Further Authorizing The Mayor And City Clerk To Execute Agreements For Sub-Recipients Of CDBG, HOME, SHIP And Value Added Enhancement Funds; And Authorizing The Appropriation Of All Federal And State Funds When Received. (Real Estate, Housing & Community Development) C7W A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 6 To The Neighborhood Stabilization Program 1 (NSP1) Subgrant Agreement Between The City And The State Of Florida Department Of Economic Opportunity (DEO) Modifying The Expiration Date Of The Subgrant Agreement, From August 15, 2013 To February 15, 2014. (Real Estate, Housing & Community Development) C7X A Resolution Approving And Authorizing The City Manager To Execute A Month-To-Month Extension Of The City's Contract With The Salvation Army, For The Provision Of Thirty-One (31) Shelter Beds To Be Used To Provide Emergency Shelter To The City's Homeless Population, At A Cost Of $19,220 Per Month, With Such Extension Commencing On October 1, 2013, And Ending At Such Time That A New Contract For The Provision Of Such Services Is Approved And Executed. (Real Estate, Housing & Community Development} C7Y A Resolution Retroactively Approving And Authorizing The Acceptance Of $8,688 In Sponsorships Made To The City For The Annual Fourth Of July Celebration, A Free Event. (Tourism, Culture & Economic Development) C7Z A Resolution Approving Pursuant To Section 2-367(D} Of The Miami Beach City Code, The Sole Source Purchase Of Public Performance Rights In An Amount Not To Exceed $30,500 Annually; For Motion Pictures To Be Shown Free Of Charge At Various Outdoor Locations Including Soundscape, North Shore Band Shelf And Other City Parks, From Swank Motion Pictures, Inc., And From Criterion Pictures, USA, Sole Source Holders Of Public Performance Rights For Specific Motion Pictures; And Further Approving Sole Source Purchase For An Additional Two (2) Years Contingent Upon Funds Appropriations. (Tourism, Culture & Economic Development) 13 13 Commission Agenda, July 17,2013 C7 -Resolutions (Continued) C7AA A Resolution Creating A Centennial Celebration Ad-Hoc Committee To Provide Ideas And Recommendations Pertaining To All Matters With Respect To Events And Activities Related To The City Of Miami Beach Centennial On March 26, 2015, And Prescribing The Duties, Manner Of Appointment, And Term Of Office Of Committee Members. (Tourism, Culture & Economic Development) C7BB A Resolution Approving And Authorizing The City Manager To Execute Amendment No. 1 To The Letter Of Understanding Between The City And MCH Swiss Exhibition LTD (MCH), Regarding The Art Basel Event In Miami Beach (Or The ABMB Event). (Tourism, Culture & Economic Development) C7CC A Resolution Approving The Selection Of A Public Art Commission For South Pointe Park Pier, By The Artist, Tobias Rehberger, Entitled "Gate" (Working Title), As Recommended By The Art In Public Places Committee And The Neighborhood/Community Affairs Committee And As Approved By The Design Review Board; Further Approving And Authorizing The City Manager To Execute A Contract With The Artist, Tobias Rehbeger, For The Design, Fabrication, Installation Of Aforestated Work Of Art; And Approving Funds, In An Amount Not To Exceed $89,177, As Follows: Fund 147 -Art In Public Places From South Pointe Park Pier Project, $64,177 And $25,000, Capital Budget South Pointe Park Pier Construction Fund, Previously Appropriated As Part Of The FY 2010/11 Capital Budget. (Tourism, Culture & Economic Development) C7DD A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee To Establish Working Groups To Identify And Implement Procedures And Monitoring Guidelines To Address The Recommendations Of The Crowe Horwath Performance And Operational Audit. (Requested by Commissioner Deede Weithorn) C7EE A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee At Its June 25, 2013 Meeting And Supporting The Recommendations Of The Miami- Dade County And Miami-Dade County Public Schools' Joint Roundtable On Youth Safety To The Extent That Funding Is Available. (Organization Development Performance Initiatives) C7FF A Resolution Waiving, By A 5/7ths Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The City's Best Interest, And Authorizing The Purchase Of Parking Meter Expanded Housing And Electronic System From Duncan Industries Parking Control Systems Corp.; And Single Space Parking Meters, Accessories And Software From Mackay Meters, Inc. By The City's Parking Department For The Maintenance And Operation Of Single Space Parking Meters Citywide. (Parking Department) End of Consent Agenda 14 14 Commission Agenda, July 17, 2013 REGULAR AGENDA R6 -Ordinances R5A An Ordinance Amending Miami Beach City Code Chapter 38 Entitled "Elections," By Including Reference To Applicable Statutory Provisions Of Florida Election Code; Correcting Typographical Errors; Amending City Code Section 38-4 To Provide For Commission Canvassing Of Election Returns On The First Business Day Immediately Following The County Supervisor Of Election's Issuance Of Final Election Returns And Confirming Authorization Of Emergency Commission Action Taken At Any Commission Meeting Occurring Between General Election Date And Acceptance Of Final Run-Off Election Returns; Amending City Code Section 38-6 By Establishing The Number Of Days For Early Voting Relative To City General, Run-Off And Special Elections Upon City Commission Authorization Of Early Voting, And Authorizing City Commission To Change Early Voting Schedule For Elections Not Held In Conjunction With County Or State Elections; And Creating City Code Section 38-7 Entitled "Petitions" Establishing Information To Be Provided By Petition Circulators And Persons Signing Initiative, Referendum And/Or Recall Petitions; Providing For Repealer, Severability, Codification, And An Effective Date. 10:16 a.m. Second Reading Public Hearing (Requested by Neighborhood/Community Affairs Committee) (Legislative Tracking: City Attorney's Office) (First Reading on June 5, 2013) R5B An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending Division 1, Entitled "Generally," By Amending Section 2-22, Entitled "General Requirements," To Provide Procedures For The Filling Of Special Vacancies On The Board Of Adjustment, Planning Board, Design Review Board, And Historic Preservation Board; By Amending Section 2-24, Entitled 'Termination Of Office Of Agency, Board And Committee Members," To Amend The Exception Provisions To Include Special Vacancies Filled Pursuant To Section 2-22 (21); And Providing For Repealer, Severability, Codification, And An Effective Date. 10:30 a.m. Second Reading Public Hearing (Requested by Commissioner Deede Weithorn) (Legislative Tracking: City Attorney's Office) (First Reading on June 5, 2013) R5C Accessory Setback Encroachments An Ordinance 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. 10:46 a.m. Second Reading Public Hearing (Requested by the Land Use & Development Committee) (Legislative Tracking: Planning Department) (First Reading on May 8, 2013/Referred to LUDC) 15 15 Commission Agenda, July 17, 2013 R5 -Ordinances (Continued) R5D 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) (Referred to HPB on May 8, 2013) R5E An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By Amending Article V, Entitled "Citywide Recycling Program For Multifamily Residences And Commercial Establishments," By Amending Section 90"343, Entitled "Public Education Program; Requirements For Recycling Contractors; Warning Period; Enforcement Date," By Extending The Warning Period From June 30, 2013 To December 31, 2013 And Extending The Beginning Of The Enforcement Period From July 1, 2013 To January 1, 2014; By Amending Section 90-345, Entitled "Enforcement," By Extending The Beginning Of The Enforcement Period From July 1, 2013 To January 1, 2014; Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Requested by Commissioner Jerry Libbin) (Requested by Neighborhood/Community Affairs Committee) (Legislative Tracking: Public Works) R5F An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By Amending Section 90-39 Entitled "Fine Schedule For Violations Issued And Applied To Owners, Agents, Tenants, Occupants, Operators Or Managers, Or Persons Responsible For The Violation," By Amending The Fine Schedule For Violations Of Section 90-36 And Providing For Consistent Terminology Regarding First Or Subsequent Offenses; By Amending Section 90"40, Entitled "Fine Schedule For Violations Of Section 90"98; 90-107; 90-191 Et Seq.; 90-221 Et Seq.; And 90-228 By Private Waste Contractors," By Amending And Providing For Violations Consistent With The Provisions In The Referenced Sections; By Amending Section 90-222, Entitled "List Of Accounts," By Providing Fine Schedules Reporting Requirements For Discontinued Accounts Consistent With Section 90-36; Providing For Repealed, Severability, Codification, And An Effective Date. First Reading (Requested by Commissioner Deede Weithorn) (Legislative Tracking: Public Works) (Memorandum to be Submitted in Supplemental) 16 16 Commission Agenda, July 17, 2013 R5 • Ordinances (Continued) R5G An Ordinance Amending Chapter 82 Of The City Code, Entitled "Public Property," By Amending Article VI, Entitled "Naming Of Public Facilities And Establishment Of Monuments Or Memorials," By Amending Section 82-503, Entitled "Naming Of Public Facilities," By Eliminating The Requirement Of A Referendum In Such Cases When The Facility To Be Named Or Renamed Is City Owned, And Not Already Named For An Individual Or Individuals Pursuant To Section 82- 503(a)(4), And The Proposed Name Includes The Name Of The Physical Location Of The Facility Or The Facility To Be Named Or Renamed, Which May Include The Name Of The Park And/Or Street Where The Facility Is Located, Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Requested by the Neighborhood/Community Affairs Committee) (Legislative Tracking: City Attorney's Office) R5H An Ordinance Implementing Provisions Of The 2012-2015 Collective Bargaining Agreement Between The City And The Communications Workers Of America, (CWA) Local 3178; Implementing Similar Retirement Plan Amendments For Members Who Are Not Included In Any Bargaining Unit; Amending The Miami Beach Employees' Retirement Plan Created By Ordinance 2006-3504; Amending Section 2.26 Of The Plan By Extending The Deferred Retirement Option Plan (Plan) Program From Three (3) To Five (5) Years For Eligible Members; Amending Section 5.13 To Reflect Amended Eligibility And Participation Requirements And Amended DROP Plan Features; Amending Section 4.03 By Eliminating The Purchase Of Additional Creditable Service For Certain Members; Providing For Severability; Repealing All Ordinances In Conflict Therewith; And Providing An Effective Date. First Reading (Pursuant to Ratification of the CWA 2012-2015 Collective Bargaining Agreement) (Legislative Tracking: Human Resources) (Memorandum to be Submitted in Supplemental) R51 An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, As Follows: Providing For The Classifications In Group IV, Represented By The Communications Workers Of America (CWA) Local 3178, In Accordance With The Negotiated Collective Bargaining Agreement, Effective October 1, 2012, There Shall Be An Increase Of Eleven Percent (11%) To The Maximum Wage For The Classifications Of Lifeguard II And Lifeguard Lieutenant; Effective In The First Pay Period Ending In October Of 2014, There Shall Be An Across The Board Cost-Of-Living Adjustment (COLA) Of Three Percent (3%), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased By Three Percent (3%); Repealing All Ordinances In Conflict; Providing For Severability, An Effective Date And Codification. First Reading (Pursuant to Ratification of the CWA 2012-2015 Collective Bargaining Agreement) (Legislative Tracking: Human Resources) (Memorandum to be Submitted in Supplemental) 17 17 Commission Agenda, July 17, 2013 R7 -Resolutions R7 A A Resolution Setting 1) The Proposed Operating Millage Rate; 2) The Required Debt Service Millage Rate; 3) The Calculated "Rolled-Back" Rate; And, 4) The Date, Time, And Place Of The First Public Hearing To Consider The Millage Rates And Budgets For Fiscal Year (FY) 2013/14; Further Authorizing The City Manager To Transmit This Information To The Miami-Dade County Property Appraiser In The Form Required By Section 200.065, Florida Statutes. (Budget & Performance Improvement) R7B A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood Improvement District Setting 1) The Proposed General Operating Millage Rate For The Normandy Shores Neighborhood Improvement District; 2) The Calculated Rolled-Back Rate; And, 3) The Date, Time And Place Of The First Public Hearing To Consider The Operating Millage Rate And Budget For Fiscal Year (FY) 2013/14; Further Authorizing The City Manager To Transmit This Information To The Miami-Dade County Property Appraiser In The Form Required By Section 200.065, Florida Statutes. (Budget & Performance Improvement) R7C A Resolution Waiving, By 5/7th Vote, The Competitive Bidding Requirement And Approving An Agreement Between The City And Global Spectrum, LP (Global) For The Operation, Management, Maintenance, Promotion And Marketing Of The Miami Beach Convention Center And Colony Theatre, Based On Those Material And Substantive Terms And Conditions In The Term Sheet Attached As Exhibit "A" To This Resolution; Authorizing And Directing Global And The City Manager And City Attorney's Office To Finalize The Agreement Based On The Approved Term Sheet; Further Authorizing Global And The City Manager And City Attorney's Office To Make Any Non-Substantive And Non-Material Revisions And/Or Additions To The Agreement, As Required, And Authorizing The Mayor And City Clerk To Execute The Final Agreement (Said Agreement Having An Initial Term Of Three (3) Years, Commencing On October 1, 2013, And Ending On September 30, 2016, With Two (2} One Year Renewal Terms, To Be Exercised At The City's Sole Option And Discretion). (Tourism, Culture & Economic Development) (Deferred on June 5, 2013) R7D Vacation Of Alleyway -500 Alton Road A Resolution To Consider, On First Reading, Vacating An Alley Located In The 500 Block Of Alton Road, Containing Approximately 6,005 Square Feet, In Favor Of The Adjacent Property Owners, South Beach Heights I, LLC, 500 Alton Road Ventures, LLC And 1220 Sixth, LLC. First Reading (Public Works) R7E A Resolution Authorizing The City Manager, Or His Designee, To Select, Negotiate, Award And Reject All Bids, Contracts, Agreements, Purchase Orders, Change Orders And Grant Applications; Renew Existing Contracts Which May Expire; And Terminate Existing Contracts, As Needed, From The Last Commission Meeting On July 17, 2013, Until The First Regularly Scheduled Meeting On September 11, 2013, Subject To Ratification By The City Commission At Its First Regularly Scheduled Meeting On September 11, 2013. Joint City Commission & Redevelopment Agency (Procurement) 18 18 Commission Agenda, July 17, 2013 R7 -Resolutions (Continued) R7F A Resolution Calling For A Special Election To Be Held On Tuesday, November 5, 2013, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach An Advisory, Non-Binding Straw Ballot Question Asking Whether The City Commission Should, Without Owner Consent, Designate Individual Single Family Homes That Satisfy The City Code's Evaluation Criteria For Local Historic Site Designation? (Requested by Commissioners Jerry Libbin & Jonah Wolfson) (Legislative Tracking: City Attorney's Office) R7G A Resolution Calling For A Special Election To Be Held On Tuesday, November 5, 2013, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach An Advisory, Non-Binding Straw Ballot Question Asking Whether The City Commission Should Adopt A Resolution Urging The Federal Government And The Florida Legislature To Decriminalize And Authorize The Medicinal Use Of Marijuana. (City Attorney's Office) R7H A Resolution Rejecting All Bids Received, Pursuant To Invitation To Bid No. 176-2013TC, For The Construction Of The 6th Street Restrooms, 53rd Street Restrooms, And Ocean Rescue Office; And Approving And Authorizing The Mayor And City Clerk To Execute A Guaranteed Maximum Price (GMP) Amendment No. 1, To The Pre-Construction Services Agreement With Thornton Construction Company, Inc., For The Construction Of The 6th Street Restrooms In The Amount Of $614,322, Plus An Owner's Project Contingency Of $30,716, For A Total Of $645,038; 53rd Street Restrooms And Ocean Rescue Building In The Amount Of $586,171, Plus An Owner's Contingency Of $30,543, And The Provision Of A Temporary Office Trailer For Ocean Rescue In The Amount Of $24,704, For A Total Of $641,418; For A GMP Total Of $1,225,197, With Owner's Contingency Of $61,259, For A Grand Total Of $1,286,456; With Previously Appropriated Funding In The Amount Of $535,367 From SP Post RDA COT And Municipal Resort Tax Fund 388, $109,671 From SB Quality Of Life Resort Tax Fund 305, $641,418 From Capital Projects Not Financed By Bonds Fund 301. (Capital Improvement Projects/Procurement) R71 A Resolution Consenting To The Appointment Of The Director Of The Parks And Recreation Department For The City Of Miami Beach. (Human Resources) (Memorandum to be Submitted in Supplemental) R7 J Consent Appointments Of Nannette Rodriguez, Gladys Gonzalez And Alex Denis 1. A Resolution Consenting To And Confirming The Appointment Of Nannette Rodriguez As The Director Of The Office Of Communications For The City Of Miami Beach. 2. A Resolution Consenting To And Confirming The Appointment Of Gladys Gonzalez As The Director Of The Department Of Information Technology For The City Of Miami Beach. 3. A Resolution Consenting To And Confirming The Appointment Alex Denis As The Director Of The Office Of Procurement For The City Of Miami Beach. (Human Resources) 19 19 Commission Agenda, July 17, 2013 R7 -Resolutions (Continued) R7K A Resolution Ratifying A Three (3) Year Labor Agreement Between The City Of Miami Beach And The Communications Workers Of America, Local 3178 (CWA), For The Period From October 1, 2012 Through September 30, 20 15; And Authorizing The Mayor And City Clerk To Execute The Agreement. (Human Resources) (Memorandum to be Submitted in Supplemental) R7L A Resolution Accepting The Following Recommendations Of The Neighborhood/Community Affairs Committee: 1.) Approving The Proposal Of The Flamingo Park Neighborhood Association To Name The New Tennis Center At Flamingo Park, The "Flamingo Park Tennis Center;" 2.) In Release And Settlement Of Any Right(s) And/Or Claim(s) That Abel Holtz (Both Individually And/Or Acting By And On Behalf Of The Entire Holtz Family, And Their Respective Heirs, Successors, And Assigns) May Have With Respect To The Naming Of The New Tennis Center And Any Other Tennis Related Improvements At Flamingo Park (Past, Present, Or Future), Approving The Establishment Of A Monument, In The Form Of A Tennis Ball Sculpture (Which Design Was Initially Included In The Renderings For The Project). With A Dedicatory Plaque On The Base Of The Sculpture With Plaque Language To Be Mutually Agreed Upon Between The City And The Holtz Family; 3.) Further Deferring The Official Ribbon Cutting Ceremony For The New Tennis Center Until The Naming Is Finalized; And 4.) Accepting The Recommendation Of The City Attorney's Office And Authorizing The City Attorney To Prepare An Amendment To Section 82-503(c}(2) Of The City's Naming Ordinance To Clarify The City's Intent That If A Public Facility Is Being Named Or Re-Named To Include The Location Including, Without Limitation, The Park Or Street Number/Name, Where The Facility Is Situated, Then The Referendum Requirements For Naming The Exterior Of Public Facilities Shall Not Apply. (Parks & Recreation) (Memorandum to be Submitted in Supplemental) R7M A Resolution Calling For A Special Election To Be Held On Tuesday, November 5, 2013, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether City Charter Section 1.03(B) Requiring Majority Voter Approval Before The City's Sale, Lease Exceeding Ten Years, Exchange Or Conveyance Of Convention Center Parking Lots Should Be Changed To Require 60% Voter Approval Instead, And To Include "Convention Center Campus" (All City-Owned Property Within Civic And Convention Center District Except Convention Center And Carl Fisher Clubhouse) Within The Category Of City-Owned Properties Subject To 60% Voter Approval Requirement, And Clarifying That This Charter Change Is Inapplicable To The "Convention Center" Ballot Question (To Be Presented Simultaneously On The November 5, 2013 Ballot). (City Attorney's Office) (City Attorney's Memorandum to the City Commission Included) 20 20 Commission Agenda, July 17, 2013 R9-New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk's Office) R9A 1 Board And Committee Appointments -City Commission Appointments. (City Clerk's Office) R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R982 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 Commissioner Jonah Wolfson) (Deferred on June 5, 2013) R9E Discuss Repealing Sec. 74-1, Entitled "Soliciting Business In Public From Pedestrians" Of The Code Of The City Of Miami Beach, Florida And/Or A Referral To The Land Use And Development Committee To Discuss Said Section 74-1. (Requested by Commissioner Jonah Wolfson) (Not Reached on June 5, 2013) R9F Discussion Regarding The Protocol Of Items The Commission May Entertain During Sutnick Hour. (Requested by Commissioner Jorge R. Exposito) (Not Reached on June 5, 2013) R9G Discussion Regarding The Miami Herald Story Regarding Sewage On Meridian Avenue, The Grease Pan Ordinance, And Other Preventative Measures To Stop This From Happening In The Future. (Requested By Commission Michael Gongora) (Not Reached on June 5, 2013) R9H Request Rental Fee Waivers For The Use Of The Colony Theater And The Miami Beach Botanical Gardens For The Sustainable Authentic Florida Conference, To Be Held In Miami Beach, October 23-25, 2013. (Requested by Mayor Matti Herrera Bower) R91 Report On The Status Of The Flagstone Island Gardens Project Planned For Watson Island. (Requested by Mayor Matti Herrera Bower) 21 21 Commission Agenda, July 17, 2013 R9 ~New Business and Commission Requests (Continued) R9J Discussion Regarding The Hotel, Marina And 600,000 Square Foot Mall Planned For Watson Island, And Direct The Administration To Research The Impact Of This Project To Traffic Entry Into Miami Beach And Any Effect On Our Businesses. (Requested by Commissioner Jorge R. Exposito) R9K Discussion To Direct The City Manager And City Attorney To Meet With City Of Miami Concerning The Watson Island Development Proposed By Flagstone Property Group And Related Companies, And To Take Any Steps Necessary, Including Legal Action, To Safeguard Miami Beach Residents Quality Of Life. (Requested by Commissioner Michael Gongora) R9L Discussion Regarding The Hispanic Affairs Committee Motion On Hispanic Heritage Month. (City Manager's Office) R9M Discussion Regarding Red Light Cameras In Miami Beach In Light Of A New State Law That Goes Into Effect On July 1, 2013. (Requested by Commissioner Michael Gongora) R9N Discuss Obtaining A Full Release By Both Bidders To The Convention Center Project, South Beach ACE Tishman UIA OMA And Portman-CMC Stating That: If They Are Not Selected, They Will Not Sue And Will Have Zero Recourse Against The City Of Miami Beach; And If They Are Selected And The City Of Miami Beach Decides To Cease Negotiations With Them For Any Reason Whatsoever, They Will Not Sue The City Of Miami Beach And Will Have Zero Recourse Against The City Of Miami Beach. (Requested by Commissioner Jonah Wolfson) R90 Presentation Of Certification Of Signed Petitions Submitted By "Let Miami Beach Decide," A Political Committee, Petitioning The City Commission To Submit To The Electors Of Miami Beach Amendments To Section 1.03 Of The Miami Beach City Charter. (City Clerk's Office) R9P Discussion To Immediately Reinstate The Fee Waiver For Sidewalk Cafes In North Beach. (Requested by Commissioner Jerry Libbin) R9Q Report On The 2013 State Legislative Session. (City Manager's Office) 22 22 Commission Agenda, July 17, 2013 R9 -New Business and Commission Requests (Continued) R9R Discuss A Resolution Supporting Efforts To Reduce Gun Violence And Illegal Firearms Trafficking Through More Responsible Gun Sales And Marketing Practices, Directing The City Manager And The Police Chief To Partner With Other Municipalities To Create A Coalition In Support Of This Initiative, And Directing The City Clerk To Send A Certified Copy Of This Resolution To All South Florida Municipalities, The Florida League Of Cities, Inc., All Members Of Florida's Congressional Delegation, And To The Obama Administration. (Requested by Mayor Matti Herrera Bower) R9S Discuss And Decide The Actions That The City Wishes To Take With Respect To The Potential Illegal Up Zoning Of Watson Island And The Deleterious Effects That It May Cause To Residents And Businesses On Miami Beach. (Requested by Commissioner Jerry Ubbin) R1 0 -City Attorney Reports R 1 OA City Attorney's Status Report. (City Attorney Office) R10B Closed Attorney-Client Session Pursuant To §286.011, Florida Statutes, The City Attorney Hereby Advises The Mayor And City Commission That He Desires Advice Concerning The Following Pending Litigation Matter: City Of Miami Beach v. Hargreaves & Associates, Et AI. Case No. 10-61979 CA 03 Circuit Court, 11th Judicial Circuit Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of The City Commission Meeting On July 17, 2013, In The City Manager's Large Conference Room, Fourth Floor, City Hall To Discuss Settlement Negotiations And/Or Strategy Related To Litigation Expenditures With Regard To The Above-Referenced Litigation Matters. The Following Individuals Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin, Vice-Mayor Edward Tobin, Deede Weithorn And Jonah Wolfson; City Manager Jimmy Morales, City Attorney Jose Smith, First Assistant City Attorney Steven Rothstein, Richard Lydecker, Esq. And Meredyth Cooper, Esq. 23 23 Commission Agenda, July 17, 2013 Reports and Informational Items 1. Reports and Informational Items (see LTC 237-2013) 2. List of Projects Covered by the Cone of Silence Ordinance -LTC. (Procurement) End of Regular Agenda 24 24 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.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 adjourned prior to the time set for either session of the Forum. In the event of adjournment prior to the Stanley Sutnick Citizens' Forum, notice will be posted on MBTV 77, and posted at City HaiL Approximately thirty (30) minutes will be allocated for each session, with individuals being limited to no more than three (3) minutes or for a time period established by the Mayor. No appointment or advance notification is needed in order to speak to the Commission during this Forum. 2. Prior to every Commission meeting, an Agenda and backup material are published by the Administration. Copies of the Agenda may be obtained at the City Clerk's Office on Thursday morning prior to the regularly scheduled City Commission meeting. The Agenda and backup materials are also available on the City's website: www.miamibeachfl.gov the Thursday prior to a regularly scheduled City Commission Meeting. 3. Any person requesting placement of an item on the Agenda must provide a written statement with his/her complete address and telephone number to the Office of the City Manager, 1700 Convention Center Drive, 4th Floor, Miami Beach, Fl 33139, briefly outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment may be scheduled to discuss the matter with a member of the City Manager's staff. "Requests for Agenda Consideration" will not be placed on the Agenda until after Administrative staff review. Such review will ensure that the issue is germane to the City1s business and has been addressed in sufficient detail so that the City Commission may be fully apprised. Such written requests must be received in the City Managds Office no later thon 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 subiects 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 5:00p.m., no later than the day prior to the Commission meeting and give their name, the Agenda item to be discussed, and if known, the Agenda item number. 5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they are specifically interested, and persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their views. When there are scheduled public hearings on an Agenda item, IT IS NOT necessary to register at the City Clerk's Office in advance of the meeting. All persons wishing to speak at a public hearing may do so and will be allowed sufficient time, within the discretion of the Mayor, to present their views. 6. If a person wishes to address the Commission on an emergency matter, which is not listed on the Agenda, there will be a period allocated at the commencement of the Commission Meeting when the Mayor calls for additions to, deletions from, or corrections to the Agenda. The decision as to whether or not the matter will be heard, and when it will be heard, is at the discretion of the Mayor. On the presentation of an emergency matter, the speaker's remarks must be concise and related to a specific item. Each speaker will be limited to three minutes, or for a longer or shorter period, at the discretion of the Mayor. F:\CLER\CLER\CITYCLER\sutnick.v21.doc 25 Ml Ml 2013 Schedule of City of Miami Beach City Commission ond 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\20 13 Schedule of City of Miami Beach.docx 26 CITY CLERK'S OFFICE LOBBYIST LIST July 17, 2013 Commission Meeting ' __ ,__ .,,. _, __ ., ----+--~------~-·--+-----"' ,.,_ Russell Galbut South Beach Heights I, LLC 06/05/2013 No compensation 1-:M:-:-:--ic,_hae-1 ,_La-r,-ki-n·---+-south Beach Heigh-ts, LLC--06/05/2013 $475 per hour 1--c:--------+-------'" -- Graham Penn South Beach Heights, LLC 06/05/2013 $445 per hour I,•;::;:,'/•::,{};,?:J07ff:;.y;.~,( •',(~'~~;;v ~~.~~•· .•tfl!";;:c;;'.:~·:~~l~;~;·;:l:;·;· ·~~··:'•?;, ''.I::··:.·~'t, •. r> ;~i:.{', 1{ ~i;·x~: \.~~!\iE~;:;;.i~?~<r:::;;q;:',;0i , /~, c~~l\ .• ~~i l'.,:~;ir;4~r;/ ~f5''1~;.;:l'{Wtt;~(:(;:~,· .. ,:,~ R9C Update On The Miami Be :h Co1 1tion c, 1ter Project. PauiDia_mond~ert S. Wennett . " 10/23/2013 No compensation -Victor Diaz Robert S. Wennett 11/20/2012 No compensation ""' I Lucia Dougherty-Po,rtman Holdings/CMC 04/05/2012 $700 per hour -~- Pamela Friedlander Robert S. Wennett 03/21/2013 Not available ,-::-,-' -- Alfredo Gonzalez Portman Holdings 04/05/2012 $450 per hour ---- Robert Goodman Portman/CMC 07/06/2012 $3,000 per month Jack Hartog Douglas Conner, Centerplate 04/03/2013 $345 per hour - Alexander Heckler Jonathan Kurry-Turn berry 04/30/2012 $300/400/ hour - Marcelo Llorente Philip Goldfarb 12/05/2011 $7,500 per month Wayne Pathman CConnecMB 06/03/2012 $450 per hour 27 r·Aaro_n_ Perry [--DavTdRothenberg I David Sacks I 1 Roberto sanch-ez ~-----.. ·----- 1 Lyle Stern ~=b~~:m~:::~~mmerce r-= ~: ;::~~~~:----+-N-:-:-;: --:-~i~-:-:~:/il , CConnecMB --------~-----o6/6-372012 $3fs per hour J Aramark/S-MG 09/12/2012 ---------------·-.. --·-----:-----:--::-----+---·--·------------------1 Kim Sinatra 11/10/2011 f Dan Tis-hm·--a-n---+------=- Alexander Heckler_ !_James D. Tutto __ n _____ A _____ TS ________ l_______ 02/13/2009 --~--$250-$500/hour I '--------------+-1 __ xer:x State & Loca~~olution~ l~-~--------=o,..-::-2R412-=9 ~---~5~ooo nat~ 28 "tJ )> Presentations and Awards PA 1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For May 2013. (Requested by Commissioner Jorge R. Exposito) PA2 Proclamation To Be Presented For CJ Ortuno From SAVE Dade. (Requested by Commissioner Jorge R. Exposito) PA3 Certificates Of Appreciation To Be Presented To All Public Works And Capital Improvement Projects Employees For Their Continuous Hard Work And Fast Response To Any Situation In The City Of Miami Beach. (Requested by Commissioner Jorge R. Exposito) PA4 Certificate Of Appreciation To Be Presented To Mr. Rick Beasley The Executive Director Of South Florida Workforce Investment Board For His Continued Support And Contributions To The New Generation Leadership And Workforce Institute And Workforce Services In The City Of Miami Beach, Service Provided By UN I DAD Of Miami Beach. (Requested By Mayor Matti Herrera Bower) PAS Certificate Of Recognition To Be Presented To TV Show, Burn Notice, Filmed In Miami Beach. (Requested by Mayor Matti Herrera Bower) PA6 Certificate Of Recognition To Be Presented To Joshua Williams, One Of America's Top 10 Youth Volunteers Of The Year. (Requested by Mayor Matti Herrera Bower) (Deferred on June 5, 2013) PA7 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood Leadership Academy Graduates. (City Manager's Office) PA8 Certificate Of Recognition To Be Presented To Benjamin Abo, Mount Sinai Hospital Resident For His New York Subway Rescue Good Samaritan Act. (Requested by Commissioner Michael Gongora) 30 Agenda Item PA/-'i Date ]-[7-{~ THIS PAGE INTENTIONALLY LEFT BLANK 31 C2 -Competitive Bid Reports C2A Request For Approval To Issue A Request For Qualifications (RFQ) For Design/Build Services For Right Of Way Infrastructure Improvement Program Neighborhood No. 8B - Lower North Bay Road. (Capital Improvement Projects) (Memorandum to be Submitted in Supplemental) 33 Agenda Item C ;1./J.. Date 7-17-13 THIS PAGE INTENTIONALLY LEFT BLANK 34 COMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Award a Contract, Pursuant to Invitation to Bid (ITB) No. 018-2013TC, for the Construction of Beachwalk II -Phase I from South Pointe Drive to 3rd Street. Key Intended Outcome Supported: Ensure quality and timely delivery of capital projects 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 Beachwalk II -Phase I Project consists of the construction of an on-grade, paver pedestrian walkway encompassing four city blocks adjacent to the coastal dune in the South Beach Neighborhood. The path will interconnect area business districts, cultural/tourism centers, residential neighborhoods, parking facilities, parks and beaches. The path is approximately 1 ,200 linear feet running in a north-south direction between South Pointe Drive and 3 Street. The path width is 15 feet and meanders along the west side of the coastal dunes behind oceanfront properties with connections at street-ends and other public access areas. To achieve the desired scope referenced above, on March 15, 2013, the City issued Invitation to Bid (ITB) 018-2013TC. Notices were issued to prospective bidders, of which 39 downloaded the solicitation. On June 13, 2013, bids were received from Team Contracting and Valleycrest Landscape Development. After review of bids received, Team Contracting, has been deemed the lowest responsive, responsible bidder RECOMMENDATION The Administration recommends the award of the contract to Team Contracting, Inc., the lowest and best responsive bidder, pursuant to Invitation to Bid (ITB) 018-2013TC, for the construction of Beachwalk II -Phase I from South Pointe Drive to 3rd Street, in the amount of $1 ,269,489; plus approve a project contingency in the amount of $126,949 (1 0%) for a not-to- exceed grand total of $1 ,396,438; further authorizing 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 Funds: 1 Amount $799,400 $597,038 $1t396,438 MIAMI BEACH Account 388-2541-069357 MDC CDT lnterlocal -CDT Resort Tax and Munici al Resort Tax 379-2541-069357 South Pointe RDA r 35 City Ma JLM AGENDA ITEM _C,=-;;J..:....;...;::;B____,,_ DATE /-/'7-/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: July 17, 2013 SUBJECT: REQUEST FOR APPROVAL T AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 018 013TC, FOR THE CONSTRUCTION OF BEACHWALK II • PHASE I FROM SOUTH POINTE DRIVE TO 3R 0 STREET. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Ensure quality and timely delivery of capital projects. FUNDING $799,400 388-2541-069357 MDC CDT lnterlocal -CDT Resort Tax and Municipal Resort Tax $597,038 379-2541-069357 South Pointe RDA $1,396,438 Total The available funding in the Beachwalk II project to be used for Phase 2 (3rd Street to 5th Street) construction is $2,559,192, ($1,709,192 from RDA South Point funds and $850,000 from FDOT LAP Agreement. The State funds are programmed for FY14/15). Phase 2 is still in the design phase. Staff is currently working with the State in determining the feasibility of shifting the pathway further east. If the State approves this option, additional dune mitigation will be required. The current estimated cost of construction is approximately $1,560,000 (1 ,300 If x $1,200 per If). BACKGROUND The Beachwalk II -Phase I project consists of an on-grade paver pathway from South Pointe Drive to 3rd Street west of the dune system in the existing sand spoil area east of the existing beachfront properties. This project is another link in the City's Atlantic Greenway Network, which establishes a multipurpose public access corridor that interconnects area business districts, cultural and tourism centers, residential neighborhoods, parks, schools and the beaches. This segment addresses a portion of the final gap in the beachside paths in the South Beach Neighborhood. The design is similar to the paver pathway located between 14th Street and 23rd Street which is ADA-compliant and accommodates a variety of users including bicyclists, roller bladders, walkers, and joggers. A major component of this project is coastal dune enhancement, which will include the removal of non-native vegetation, planting of native dune vegetation, and the installation of protective rope and post around the dunes. The lighting throughout the Beachwalk II pathway will be specially designed bollards with amber LED lights to minimize the impacts of artificial lighting on nesting sea turtles and their hatchlings. SCOPE OF SERVICES The Beachwalk II -Phase I Project will interconnect area business districts, cultural/tourism 36 Commission Memorandum-ITB 018-2013TC-Construction of Beachwa/k Phase II July 17, 2013 Page 2 centers, residential neighborhoods, parking facilities, parks and beaches. The path is approximately 1 ,200 linear feet running in a north-south direction between South Pointe Drive and 3rd Street. The path width is 15 feet and meanders along the west side of the coastal dunes behind oceanfront properties with connections at street ends and other public access areas. The path was designed and permitted in strict accordance with the Florida Department of Environmental Protection (FDEP) coastal construction control line requirements. Non-native dune vegetation will be removed and dune enhancements include planting of native species. Temporary and permanent irrigation systems will be provided for the landscaping. Path lighting has been designed, and lighting meets the marine turtle nesting requirements of the Florida Fish and Wildlife Conservation Commission and FDEP. ITB PROCESS Invitation to Bid (ITB) 018-2013TC was issued on March 15, 2013, with an opening date of June 13, 2013. The pre-bid conference was held on May 24, 2013. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. The Public Group and Bidnet issued bid notices to 45 and 356 prospective bidders respectively of which 22 and 17 accessed the advertised solicitation respectively. In addition, 180 vendors were notified via email. The following two (2) bids were received as follows: Team Contracting, Inc. Valleycrest Landscape Development, Inc. Total Base Bid $1,269,489.00 $1,805,313.34 Following the review of bids received, Team Contracting has been deemed the lowest responsive, responsible bidder. Founded in 2000, Team Contracting, Inc. is a licensed general contractor specializing in both vertical and horizontal right-of-way construction. Since 2003, Team has performed on many construction projects throughout the City of Miami Beach. Notable projects include the serpentine sidewalk replacement at Lummus Park, beautification of the 41st Street bridges, and the restoration of the Convention Center Drive bridge. Previous clients also include the Miami-Dade Public Schools, City of Miami, and the City of Hollywood. CITY MANAGER'S DUE DILIGENCE & RECOMMENDATION 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 that the Mayor and City Commission award the construction contract to Team Contracting, Inc., as the lowest responsive, responsible bidder and authorizes 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 Team Contracting, Inc., the lowest and best responsive bidder, pursuant to Invitation to Bid ~ITB) 018-2013TC, for the construction of Beachwalk II -Phase I from South Pointe Drive to 3r Street, in the amount of $1 ,269,489; plus approve a project contingency in the amount of $126,949 ( 1 0% ), for a not-to-exceed grand total of $1 ,396,438; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project. JLM/MT/KGB/DM/EC/AD T:\AGENDA\2013\July 17\Procurement\ITB 018-2013TC-Beachwalk Phase II-MEMO.docx 37 THIS PAGE INTENTIONALLY LEFT BLANK 38 COMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Award a Contract, Pursuant to Invitation to Bid (ITB) No. 172-2013TC, for the 1701 Meridian Avenue 41h Floor Renovation. Key Intended Outcome Supported: Ensure well-maintained facilities and ensure quality and timely del!veryof capital projects 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: Originally, the scope of this project was limited to renovations to the mechanical system to the fourth level at 1701 Meridian Avenue. However, Building Department inspections triggered additional work beyond the original scope and programmatic needs noted by the Police Department revised the scope of work, which ultimately required additional architectural design and the need for a general contractor to perform the work. The project includes a receptionist and reception area, two (2) offices and sergeant offices, a detective bull pen and kitchenette, and storage and interrogation room. The existing conditions allow for minimal demolition. The intent is to reuse as much of the existing ceilings, duct work, and electrical as possible. There shall be new flooring throughout, new 2x2 drop ceilings in the reception area, and interrogation areas, new code compliant doors, and fire/smoke dampers for ducts penetrating rated walls as required. The existing public restrooms at this level shall also be renovated to allow for handicap accessibility similar to the restrooms located on the third level of the building. To achieve the required scope, Invitation to Bid (ITB} 172-2013TC was issued on May 21, 2013, with an opening date of June 11, 2013. Four bids were received from Canyon Construction, Cast Development, Virguez Construction Company, Carivon Construction Company. Following review of bids received, the lowest bidder, Canyon Construction, was deemed non-responsive for failure to hold a general contractor's license as stated in the minimum requirements of the ITB. The second lowest bidder, Cast Construction, was deemed the lowest responsive, responsible bidder. Recommendation The Administration recommends the award of the contract to Cast Development, LLC, the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 172-201 3TC, for the 1701 Meridian Avenue 41 h floor renovation, in the amount of $187, 733; plus approve a project contingency of 10% for a not-to-exceed grand total of $206,507; further authorizing the Administration to engage in value en ineerin to further reduce the cost and time for completion of said ro'ect. I N/A Financial Information: Source of Funds: OBPI Amount 1 $78,206 2 $77,134 3 $42,637 4 $8,530 MIAMI BEACH Account 125-6866-000326 125 Renewal & Re lacement Pro'ect 369-2370-069357 369 Gulf Breeze Bond Other 125-6341-000350 125 Renewal & Re lacement Pro ·ect 351-2370-069357 351 Reallocation Funds -Other Ca ital Funds 39 AGENDA ITEM _C_~_C. __ DATE 2-/7-/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M FROM: Jimmy L. Morales, City Manager DATE: July17,2013 SUBJECT: REQUEST FOR APPROVAL 0 AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 172-2013TC, FOR THE 1701 MERIDIAN AVENUE 4TH FLOOR RENOVATION. 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 $78,206 125-6866-000326 125 Renewal & Replacement Project $77,134 369-2370-069357 369 Gulf Breeze Bond Other $42,637 125-6341-000350 125 Renewal & Replacement Project ---=-:::-$:.-:8~,5=3=0=--351-2370-069357 351 Reallocation Funds-Other Capital Funds $206,507 Total BACKGROUND & SCOPE OF SERVICES Originally, the scope of this project was limited to renovations to the mechanical system to the fourth level at 1701 Meridian Avenue. However, Building Department inspections triggered additional work beyond the original scope and programmatic needs noted by the Police Department revised the scope of work, which ultimately required additional architectural design and the need for a general contractor to perform the work. The project includes a receptionist and reception area, two (2) offices and sergeant offices, a detective bull pen and kitchenette, and storage and interrogation room. The existing conditions allow for minimal demolition. The intent is to reuse as much of the existing ceilings, duct work, and electrical as possible. There shall be new flooring throughout, new 2x2 drop ceilings in the reception area, and interrogation areas, new code compliant doors, and fire/smoke dampers for ducts penetrating rated walls as required. The existing public restrooms at this level shall also be renovated to allow for handicap accessibility similar to the restrooms located on the third level of the building. ITB PROCESS Invitation to Bid (ITB) 172-2013TC was issued on May 21, 2013, with an opening date of June 11, 2013. The pre-bid conference was held on May 28, 2013. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. On June 3, 2013, a walkthrough was arranged for bidders 40 Commission Memorandum -ITB 172-2013TC-1701 Meridian Avenue 41h Floor Renovation July 17, 2013 Page2 to conduct further inspections and measurements. The Public Group and Bidnet issued bid notices to 49 and 146 prospective bidders respectively of which 17 and 4 accessed the advertised solicitation respectively. In addition, 154 vendors were notified via email, which resulted in the receipt of the following four (4) proposals: • Canyon Construction, Inc. • Carivon Construction Company • Cast Development, LLC • Virguez Improvement Services, LLC Through the Procurement Division's review of each bid for responsiveness, Canyon Construction, Inc. and Virguez Construction Company, the lowest and third-lowest bidders at $156,320.70 and $188,327.00 respectively, were deemed nonresponsive for failing to provide general contractor licenses-a mandatory requirement of the ITB. The following table provides the proposed total base bid prices of the two (2) responsive bids: Cast Development, LLC Carivon Construction Company $187,733.00 $236,298.00 Following review of bids received, Cast Development has been deemed the lowest responsive, responsible bidder. Founded in 2004, Cast Development, LLC is a licensed general contractor specializing and possesses extensive experience in office and home renovations aside from other vertical construction projects. Cast's project manager has approximately 30 years of project management experience both in interior and capital projects. Notable projects include the City of West Miami Police and Parks Buildings additions and interior renovations. CITY MANAGER'S DUE DILIGENCE & RECOMMENDATION 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 Cast Development, LLC. as the lowest responsive, responsible 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 Cast Development, LLC, the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 172-2013TC, for the 1701 Meridian Avenue 4th floor renovation, in the amount of $187,733; plus approve a project contingency of 10% for a not-to-exceed grand total of $206,507; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project JLM/MT/KGB/ D T:\AGENDA\2013\July 17\Procurement\ITB 172-2013TC-1701 Meridian Avenue 4th Floor Renovation -MEMO.docx 41 THIS PAGE INTENTIONALLY LEFT BLANK 42 C2 -Competitive Bid Reports C2D Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 173- 2013TC, For The Reconstruction Of Surface Parking lots 12x And 17x. (Capital Improvement Projects/Procurement) {Memorandum to be Submitted in Supplemental} 43 Agenda Item C :Z. D Date 1-17-IS THIS PAGE INTENTIONALLY LEFT BLANK 44 COMMISSION ITEM SUMMARY Condensed Title: Request for Approval To Award A Contract, Pursuant to Invitation to Bid (ITB) No. 260-2013TC, for the Miami Beach Golf Course Draina e Remediation. 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 intent of this project is to control and retain storm water run-off that currently floods the golf cart asphalt lot. This project will improve the existing drainage conditions to the area abutting the New Cart Storage Facility. The work consists of re-grading the asphalt pavement currently used for staging golf carts; demolishing and replacing the concrete walkway and pavement to new elevations; installing new concrete curbs; constructing a water retention pond; removing and reinstalling the existing irrigation system; and planting new sod and landscaping. To achieve the desired scope, Invitation to Bid (ITB) 260-2013TC was issued on May 21, 2013, with an opening date of June 11, 2013. The solicitation was advertised and notices were released to prospective bidders, of which 12 downloaded the solicitation. Bids were received from four (4) bidders. After review of the bids received, Cast Development, LLC, was deemed the lowest responsive, responsible bidder. RECOMMENDATION The Administration recommends that the Mayor and City Commission award a contract to Cast Development, LLC, the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 260- 2013TC, for the Miami Beach Golf Course drainage remediation, in the amount of $120,307 .17; plus approve a project contingency of $4,209 for a not-to-exceed grand total of $124,516 from previously appropriated funding in the Capital Budget from Fund 388-SP Post RDA COT and Municipal Resort Tax; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project. Advisory Board Recommendation: I N/A Financial Information: Source Amount of 1 $120,307 Funds: OBPI 2 $4,209 ~ Total $124,516 MIAMI BEACH Account 388-2702-069357 SP _Post RDA_CDT and Municipal Resort Tax 388-2702-000356 SP _Post RDA_CDT and Municipal Resort 45 AGENDA ITEM __;C:...J..:.......::E=--- DATE 7-/7-/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager ~"------ DATE: July 17, 2013 SUBJECT: REQUEST FOR APPROVAL T AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 260-13TC, FOR THE MIAMI BEACH GOLF COURSE DRAINAGE REMEDIATION. ADMINISTRATION RECOMMENDATION Award Contract. KEY INTENDED OUTCOME SUPPORTED Ensure well maintained facilities and ensure quality and timely delivery of capital projects. FUNDING $120,307 388-2702-069357 SP _Post RDA_CDT and Municipal Resort Tax $ 4,209 388-2702-000356 SP _Post RDA_CDT and Municipal Resort Tax $124,516 Total BACKGROUND The intent of this project is to control and retain storm water run-off that currently floods the golf cart asphalt lot. This project will improve the existing drainage conditions to the area abutting the New Cart Storage Facility. The work consists of regarding the asphalt pavement currently used for staging golf carts; demolishing and replacing the concrete walkway and pavement to new elevations; installing new concrete curbs; constructing a water retention pond; removing and reinstalling the existing irrigation system; and planting new sod and landscaping. ITB PROCESS Invitation to Bid (ITB) 260-2013TC was issued on May 21, 2013, with an opening date of June 11, 2013. The pre-bid conference was held on May 28, 2013. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. The Public Group and Bidnet issued bid notices to 31 and 53 prospective bidders respectively of which 9 and 3 accessed the advertised solicitation respectively. In addition, 71 vendors were notified via email, which resulted in the receipt of the following four (4) proposals: Carivon Construction Company Cast Development, LLC Central Florida Equipment, Inc. QGS Development, Inc. 46 Commission Memorandum-ITB 260-2013TC-Miami Beach Golf Course Drainage Remediation July 17, 2013 Page2 The following table provides the proposed total base bid prices of the four (4) responsive bids: Cast Development, LLC Central Florida Equipment, Inc. QGS Development, Inc. Carivon Construction Company $120,307.17 $141,074.78 $145,294.36 $182,651.00 Following review of bids received, Cast Development has been deemed the lowest responsive, responsible bidder. Founded in 2004, Cast Development, LLC is a licensed general contractor specializing in golf course renovations and improvements aside from other vertical construction projects. Cast's project manager also has approximately 30 years of project management experience both in interior and capital projects. Notable projects include the construction of golf cart paths at the City of Miami Springs Golf Course and cart path, sidewalk and irrigation improvements at the Key Biscayne and Palmetto Golf Courses. 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 Cast Development, LLC as the lowest responsive, responsible 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 that the Mayor and City Commission award a contract to Cast Development, LLC, the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 260-2013TC, for the Miami Beach Golf Course drainage remediation, in the amount of $120,307.17; plus approve a project contingency in the amount of $4,209 for a not-to-exceed grand total of $124,516 from previously appropriated funding in the Capital Budget from Fund 388-SP Post RDA COT and Municipal Resort Tax; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project. JLM/MT/KGB/DM/AD T:\AGENDA\2013\July 17\Procurement\ITB 260-2013TC -MB Golf Course Drainage Remediation -MEMO.docx 47 THIS PAGE INTENTIONALLY LEFT BLANK 48 COMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Award a Contract, Pursuant to Invitation to Bid No. 268-2013TC, for Dune Restoration 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 award the contract? Item Summary/Recommendation: The Citywide Dune Restoration and Enhancement Project is a capital project in FY 2012/13 that will use Quality of Life funding for the removal of non-native vegetation and replanting with native species in South Beach (Government Cut to 3 Street and 14 Street to 23 Street), Middle Beach (23 Street to 47 Street), and North Beach (64 Street to 79 Street). The restoration work in the Middle Beach project area will also be funded through a grant received from the Florida Coastal Management Program (FCMP) and the National Ocean and Atmospheric Administration (NOAA). Contractors are to remove and dispose of all non-native and invasive native plant species and provide, install, fertilize, irrigate, maintain, and warrant survival of Florida native coastal dune plants. Contractors were requested to bid on the specific plant species per the estimated quantities of each species category provided for at the following sections: South Beach A (Government Cut to 3rd Street); South Beach B (14th to 23rd Streets); Middle Beach (23rd to 47th Streets); North Beach (64th to 79th Streets). To achieve the desired scope, Invitation to Bid (ITB) 268-2013TC was issued on June 4, 2013, with an opening date of June 25, 2013. The solicitation was advertised and notices were released to prospective bidders, of which 18 downloaded the solicitation. Bids were received from two (2) bidders. After staffs review of the bids received, it was recommended to award the Middle and North Beach sections to Superior Waterway Services, Inc. and the South Beach A and B sections to Superior Landscaping and Lawn Service, Inc. the lowest responsive, responsible bidders for each respective section. RECOMMENDATION The Administration recommends the award of the contract to the lowest responsive, responsible bidder, pursuant to Invitation to Bid (ITB) 268-2013TC, for dune restoration services, for the following sections: North Beach and Middle Beach for the not-to-exceed amounts, including contingency, of $127,323.90 and $110,066 respectively; and South Beach A and B combined for the not-to-exceed amounts, including contingency, of $53,711; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project Advisory Board Recommendation: I NIA Financial Information· Source of Amount Funds: 1 $127,323.90 OBPI 2 $87,391.00 3 $49,920.50 ~ 4 $22,6tv.UU 5 $3,790.50 Total $291,100.90 Financial Impact Summary: N/A MIAMI BEACH Account 307-2757-069357 North Beach Quality of Life 1% 306-2757-069357 Middle Beach Quality of Life 1% 305-2757-069357 South Beach Quality of Life 1% 303-5678-000305 NOAA Dune Grant Contractual Services 011-9509-000676 Capital Investment Upkeep 49 AGENDA ITEM C2F DATE 7-/7-/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Matti Herrera Bower and M DATE: July17,2013 SUBJECT: REQUEST FOR APPROVAL 0 AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 268-2013TC, FOR DUNE RESTORATION SERVICES. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Ensure well maintained facilities. FUNDING $127,323.90 307-2757-069357 North Beach Quality of Life 1% $87,391.00 306-2757-069357 Middle Beach Quality of Life 1% $49,920.50 305-2757-069357 South Beach Quality of Life 1% $22,675.00 303-5678-000305 NOAA Dune Grant-Contractual Services $3,790.50 011-9509-000676 Capital Investment Upkeep $291,100.90 Total BACKGROUND The Citywide Dune Restoration and Enhancement Project is a capital project in FY 2012/13 that will use Quality of Life funding for the removal of non-native vegetation and replanting with native species in South Beach (Government Cut to 3 Street and 14 Street to 23 Street), Middle Beach (23 Street to 47 Street), and North Beach (64 Street to 79 Street). The restoration work in the Middle Beach project area will also be funded through a grant received from the Florida Coastal Management Program (FCMP) and the National Ocean and Atmospheric Administration (NOAA). It is important to eliminate non-native invasive species from the dune system that threaten the growth and survival of native vegetation and to supplant the system with a native seed bank. A healthy dune system with native vegetation provides vital storm surge protection and erosion control. In addition, it provides a habitat for native species of plants and animals. Native dune vegetation is crucial component of a healthy dune system because of its ability to thrive in the harsh coastal environment and to continually produce new stems and roots that trap sand. The Citywide Dune Restoration and Enhancement project will restore the health and the structural integrity of the City's coastal dune by removing non-native invasive vegetation and re-planting these areas with native species. The project will also address existing public safety and maintenance concerns by improving areas with overgrown vegetation that create favorable conditions for homeless encampments and illicit activities. In the past, the dune vegetation was 50 Commission Memorandum-ITB 268-2013TC-Dune Restoration Setvices July 17, 2013 Page2 not on a dedicated maintenance plan. However, once the replanting has been completed, a contractor will be retained through a separate maintenance contract to maintain the entire system 30 times per year. SCOPE OF SERVICES The project locations include the following four (4) sections: • South Beach A (Government Cut to 3rd Street) • South Beach B (14th to 23rd Streets) • Middle Beach (23rd to 47th Streets) • North Beach (64th to 79th Streets) Contractors are to remove and dispose of all non-native and invasive native plant species and provide, install, fertilize, irrigate, maintain, and warrant survival of Florida native coastal dune plants. Contractors were requested to bid on the following plant species per the estimated quantities of each species category provided for each project section: • Pioneer zone species: Sea oats, ( Uniola paniculata) in 96 cell liner size with 6 to 12 inches planted height. The estimated quantity of pioneer zone species to be planted for the North Beach section is 24,890; for the Middle Beach section is 22,300; for the South Beach A section is 2,950; and, for the South Beach B section is 1 ,980. • Pioneer zone diversity species: Dune panic grass (Panicum amarum), shore paspalum (Paspalum vaginatum), Virginia dropseed ( Sporbolus Virginicus), beach bean (Canavalia maritima), railroad vine (Ipomea pes caprea), and beach morninglory (Ipomea imperat1) in 72 cell liner size. The estimated quantity of pioneer zone diversity species to be planted for the North Beach section is 8,296, for the Middle Beach section is 7,440; for the South Beach A section is 990; and, for the South Beach B section is 670. • Palmettos: Saw palmettos (Serenoa repens, silver variety) in 3 gallon size, minimum 18 inches height, 12 inches spread. The estimated quantity of palmetto species to be planted for the North Beach section is 315, for the Middle Beach section is 90; for the South Beach A section is 35; and, for the South Beach B section is 10. • Strand zone species: White indigo berry (Randia aculeata), coastal cocoplum (Chrysoba/anos icaco "horizontal" variety), bay cedar, (Suriana maritima}, blackbead (Pithecel/obium keyensis), marlberry (Ardisia esca/onioides), sea lavender (Argusia gnaphalodes), golden beach creeper (Emodea litorallis) in 3 gallon size, minimum 12 inches height, 12 inches spread. The estimated quantity of strand zone species to be planted for the North Beach section is 377, for the Middle Beach section is 11 0; for the South Beach A section is 40; and, for the South Beach B section is 10. ITB PROCESS Invitation to Bid (ITB) 268-2013TC was issued on June 4, 2013, with an opening date of June 25, 2013. The pre-bid conference was held on June 12, 2013. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. The Public Group and Bidnet issued bid notices to 15 and 53 prospective bidders respectively of which 15 and 3 accessed the advertised solicitation respectively. In addition, 46 vendors were notified via email, which resulted in the receipt of the following two (2) proposals: 51 Commission Memorandum-ITB 268-2013TC-Dune Restoration Services July 17, 2013 Page 3 • Superior Landscaping and Lawn Service, Inc. • Superior Waterway Services, Inc. The following table provides the proposed prices per section: North Beach Middle Beach South Beach A South Beach B Superior Landscaping & Lawn Service, Inc. $115,7 49.00 $100,060.00 $42,027.50 $37,325.00 Superior Waterway Services, Inc. $121,861.00 $126,651.00 $30,208.00 $20,848.00 After staff's review of the bids received, it was recommended to award the Middle and North Beach sections to Superior Waterway Services, Inc. and the South Beach A and B sections to Superior Landscaping and Lawn Service, Inc. the lowest responsive, responsible bidders for each respective section. Both companies have extensive landscaping experience and have performed dune restoration services in the past. Superior Landscaping and Lawn Service, Inc. restored the dunes in the City of Miami Beach from 1st to 3rd Streets and 14th to 23rd Streets. Superior Waterway Services, Inc. provided dune restoration services as part of a contract with the FPL St. Lucie County Nuclear Power Plant, as well as, providing dune and mangrove habitat creation for a new recreational area along the Intracoastal Waterway. CITY MANAGER'S DUE DILIGENCE & RECOMMENDATION 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 contracts to the lowest responsive, responsible bidder, pursuant to Invitation to Bid (ITB) 268-2013TC, for dune restoration services, for the following sections: North Beach and Middle Beach for the not-to- exceed amounts, including contingency, of $127,323.90 and $110,066 respectively; and South Beach A and B combined for the not-to-exceed amounts, including contingency, of $53,711; further authorizing 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 the lowest responsive, responsible bidder, pursuant to Invitation to Bid (ITB) 268-2013TC, for dune restoration services, for the following sections: North Beach and Middle Beach for the not-to-exceed amounts, including contingency, of $127,323.90 and $110,066 respectively; and South Beach A and B combined for the not-to-exceed amounts, including contingency, of $53,711; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project. JLM/MT/KGB/.QGIAD T:\AGENDA\2013\J~?\Procurement\ITB 268-2013TC-Dune Restoration Services-MEMO.docx 52 COMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Award a Contract, Pursuant to Invitation to Bid (ITB) No. 014-2013TC, for the Demolition of the Normand Shores Park Build in Key Intended Outcome Supported: Ensure quality and timely delivery of capital projects 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: [ Shall the City Commission award the contract? Item Summary/Recommendation: As part of the FY 09/1 0 Capital Budget, the Parks and Recreation Department was approved funding in the amount of $135,500 to replace the existing playground that was beyond repair at the Normandy Shores Park. The funding request proposed the complete replacement of the playground, safety surface, new fencing, furniture, fixture, and equipment. In regards to the scope of work, the Contractor shall provide all labor, materials, equipment, supplies, insurance, fuels, permits, retirement of utilities and any other items necessary to complete the demolition work, the removal of demolition materials and disposal of materials and related work as specified herein. To achieve the desired scope, Invitation to Bid (ITB) 014-2013TC was issued on May 22, 2013, with an opening date of June 13, 2013. The solicitation was advertised and notices were released to prospective bidders, of which 12 downloaded the solicitation. Bids were received from three (3) bidders. After staff's review of the bids received, LCN Group, Inc. has been deemed the lowest responsive, responsible bidder. RECOMMENDATION The Administration recommends the award of the contract to LCN Group, Inc., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 014-2013TC, for the demolition of the Normandy Shores Park Building, in the amount of $34,875; plus approve a project contingency of 10% for a not-to-exceed grand total of $38,363; further authorizing 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 Funds: BPI 1 2 3 Total Amount $32,575 $3,488 $2,300 $38,363 : N/A MIAMI BEACH 302-2019-069357 302-2019-069358 53 Account Ci M JLM AGENDA ITEM DATE C~G- 7-17-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: July 17, 2013 SUBJECT: REQUEST FOR APPROVAL 0 AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 01 -2013TC, FOR THE DEMOLITION OF THE NORMANDY SHORES PARK BUILDING. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Ensure quality and timely delivery of capital projects. FUNDING $32,575 302-2019-069357 (Construction Fund) $3,488 302-2019-069358 (Contingencies Fund) ----:-$-'-2-L,3_0_0_ 302-2019-000674 (Architect & Engineering Fund) $38,363 Total BACKGROUND As part of the FY 09/1 0 Capital Budget, the Parks and Recreation Department was approved funding in the amount of $135,500 to replace the existing playground that was beyond repair at the Normandy Shores Park. The funding request proposed the complete replacement of the playground, safety surface, new fencing, furniture, fixture, and equipment. During project development, the Parks & Recreation Department worked internally to develop a second phase of the park's revitalization, which included a new recreation building/activity pavilion/restroom with storage space, similar to the one built in Fairway Park. A water access/fishing dock and the new playground with shade and safety surfacing was also included. In January 2012, the Parks and Recreation Department met with Commissioner Jorge Exposito and Normandy Shores HOA Projects Committee Chair Mark Wojak to present the second phase concept and gain initial feedback. Mr. Wojak agreed to take the concept to the Normandy Shores HOA board for their comments. On February 14, 2012, Mr. Wojak recommended that in lieu of the water access concept, the residents on Normandy Shores would prefer a more open green space park which included the demolition of the existing storage building/restroom that is in very poor condition. This restroom is currently utilized by tennis players and a replacement is not included in this project, however, there is a public restroom in the Normandy Shores Golf Club across the street. In addition, a vita course/ fitness circuit similar to the one installed in Lummus Park, park furnishings such as benches, trash 54 Commission Memorandum-ITB 014-2013TC-Demolition of the Normandy Shores Park Building July 17, 2013 Page2 receptacles etc., new fencing, and landscaping were part of the recommendations provided by the residents. SCOPE OF SERVICES Demolition and removal of the structure shall include, as follows: • The Contractor is responsible for contacting utility companies to retire the necessary utilities (natural gas, water, and/or electricity) prior to demolition. • Demolition and removal of structures shall include removal of the entire identified structure(s) and contents to the construction limits. • All concrete floor slabs, foundations, pilings, driveways, sidewalks, steps, parking areas, and other above ground and underground improvements associated with the structure shall be removed as noted. • Fences shall remain, unless otherwise instructed to remove them. • Cap all building sewer connections at existing wye locations. • Develop an optional asbestos and lead paint abatement report. • Removal of any identified underground storage tanks. • Provide temporary erosion and sediment control on each respective property prior to the start of demolition operations for the full duration of the project. Contractor shall be responsible for the maintenance of controls and control structures and shall be responsible for any clean-up due to failure or inefficiency of such controls. Sedimentation run-off shall not be tolerated and if run-off occurs the Contractor shall take corrective action immediately. • Grading, backfill, sodding, and return to grade shall be performed as follows: • All crawl spaces, lower levels, foundation areas, and any below ground area shall be filled and compacted with earth. The backfill must not be frozen when placed and shall be compacted to a density of 95% of maximum density of the backfill material used as determined by ASTM designation D-698. The top six (6) inches of backfill shall be made with soil suitable for growth of grass and graded to natural grade of surrounding undisturbed earth. • Final grading shall insure adequate drainage offsite and not permit pending of water. All filled and disturbed ground shall be smoothed for mowing. • The Contractor shall import clean fill as necessary to establish proper surface grades but the Contractor may cut and fill on site to the extent possible. The Contractor must supply samples of imported fill to be used and approved by the City. • In the event previously unknown hazardous materials are discovered by the Contractor, the Contractor shall immediately suspend work in the specific location of the hazardous material and immediately notify the City Project Manager; • All demolition materials and debris shall be removed from the work concurrently with progress of work. Contractor shall not allow mud and debris from vehicle transporting demolition materials to litter any streets or highways. Contractor shall clean any such mud or debris at its sole expense. The City will vigorously enforce all requirements relating to clean-up of debris, dirt, mud, and demolition materials from the site and on streets, highways, and adjacent properties. Cleanup shall follow immediately after and at the same rate as construction and shall not be delayed until entire project is finished. Contractor shall clean all right-of-way and easement areas that were occupied by the Contractor in connection with the construction. All disturbed brush and trees, all rubbish, excess materials, temporary structures, equipment, etc. shall be removed and the area left in a neat and presentable condition. If at any time 55 Commission Memorandum-ITB 014-2013TC-Demolition of the Normandy Shores Park Building July 17, 2013 Page3 during performance of work by Contractor the City's Project Manager determines that cleanup is not being accomplished, the City's representative may direct, in writing, no additional work can be accomplished without meeting certain requirements. If so directed, no claim for additional time will be allowed. The Contractor is to provide extra care during performance of work by Contractor to ensure that no rock, base stone, string, stakes, or any other construction material is left in the water main or irrigation lines. At the end of each construction day, the ends of all such lines shall be sealed watertight and all points of entry are to be covered to prevent easy access. No rain, storm water, or ground water shall be allowed to enter the water main or irrigation systems. • Contractor shall make every effort to locate and identify all underground pipe lines, cables, and conduits by contacting the Florida One Call System and the owners of underground utilities, by prospecting or otherwise, in advance of trench or excavation operations. Contractor will be required to relocate the utility or work around it at no cost to the City. It will be the responsibility of the Contractor to brace or otherwise secure any utility poles or anchors close to the trenching operation. Contractor will be solely responsible for any or all damages whether direct, indirect, or consequential to the underground or above ground utilities, pipe lines, and surroundings, and shall indemnify and hold harmless the City for any and all claims or judgments whenever made as a result of the contractor's actions. If additional or unexpected utility conflicts occur, the Contractor shall be responsible for coordinating with the affected utility company to resolve the conflict and maintain progress on the project. No time extensions will be granted for associated delays. • Contractor shall maintain and enforce all necessary and adequate safety precautions for the protection of life and property on all work performed. Contractor shall also comply with all regulatory agencies requirements for safety and use extreme caution to protect the project area to prevent accidents, damage, or injury involving pedestrian or vehicular traffic in the project area. Barricades, safety screening, or other acceptable methods shall be used as needed to keep the public out of danger and to safely divert them around the project area. • Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of the contractor's prosecution of the work. The safety provisions of all applicable laws, building and construction codes, and regulations shall be observed. Contractor shall take or cause to be taken such safety and health measures, additional to those herein required, as the contractor may deem necessary or desirable. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention of Construction" published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws. Contractor shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the contract. The contractor shall promptly furnish the Local Public Agency with reports concerning these matters. Contractor shall indemnify and save harmless the City and the City's representative from any claims for damages resulting from personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this contract. • Inspection by Department of Building Development Services for final permit shall be requested by the Contractor within ten (1 0) days of completion of demolition of each 56 Commission Memorandum-ITB 014-2013TC-Demolition of the Normandy Shores Park Building July 17, 2013 Page 4 separate site. Inspection to finalize demolition permit must be requested by Contractor upon completion of demolition and site clean-up. ITB PROCESS Invitation to Bid (ITB) 014-2013TC was issued on May 22, 2013, with an opening date of June 13, 2013. The pre-bid conference was held on May 30, 2013. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. The Public Group and Bidnet issued bid notices to 31 and 276 prospective bidders respectively of which 10 and 2 accessed the advertised solicitation respectively. In addition, 148 vendors were notified via email, which resulted in the receipt of the following three (3) proposals: • Cast Development, LLC • Chin Diesel, Inc. • LCN Group, Inc. The following table provides the proposed total base bid prices of the three (3) responsive bids: LCN Group, Inc. Chin Diesel, Inc. Cast Development, LLC $34,875 $45,232 $46,047 After staff's review of the bids received, LCN Group, Inc. has been deemed the lowest responsive, responsible bidder. Founded in 2004, LCN Group, Inc. is a licensed general contractor specializing in demolition services that also possesses extensive knowledge and field experience throughout South Florida. Notable clients include the City of Lauderhill and the South Florida Water Management District. 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 LCN Group, Inc. as the lowest responsive, responsible 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 LCN Group, Inc., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 014-2013TC, for the demolition of the Normandy Shores Park Building, in the amount of $34,875; plus approve a project contingency of 10% for a not-to-exceed grand total of $38,363; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project. JLM/MT/KGB/KS/AD T:\AGENDA\2013\July 17\Procurement\ITB 014-2013TC -Normandy Shores Park Building Demolition-MEMO.docx 57 THIS PAGE INTENTIONALLY LEFT BLANK 58 COMMISSION ITEM SUMMARY Condensed Title: Request To Approval To Issue a Request For Proposals For The Management And Operation Of Street Markets On Lincoln Road, Normandy Village, Collins Park And Other Locations. Key Intended Outcome Supported: 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. Item Summa /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. On May 17, 2012, the Finance and Citywide Projects Committee ("FCWPC") recommended issuing the RFP with a broader scope, including locations other than where the markets are today. In addition, they recommended extending the Management Agreements with The Market Company and Production Sud, inc., on a month-to-month basis. On September 12, 2012, pursuant to the recommendation of the FCWPC, 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 needed additional time to complete the new RFP process, so on May 8, 2013, the City Commission adopted Resolution No. 2013-28212, extending the management agreements in effect, from June 1, 2013 until such time as a new contract for the street market(s) was executed. The RFP is attached to the package. Conclusion and Recommendation: The Markets continue to be a draw on weekends for local area residents and visitors and the possibility of expanding the Street Markets to other Areas, as well as increasing the hours of operation to include weekdays may enhance their impact on the community. Ma 17,2012 Financial Information: Source of Funds: Amount Account Approved I Total OBPI Financial Impact Summary: N/A er AGENDA CJ./f 1-17-15 59 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: July17,2013 SUBJECT: REQUEST FOR APPROVAL TO SUE A REQUEST FOR PROPOSALS FOR THE MANAGEMENT AND OPERATION OF STREET MARKETS ON LINCOLN ROAD, NORMANDY VILLAGE, COLLINS PARK AND OTHER LOCATIONS. 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 the Green Markets on Lincoln Road, Espanola Way and Normandy Isle to the Market Company and the operation and management for the Antique and Collectibles Market on Lincoln Road to Production Sud, Inc. (collectively "Street Markets"). The permitted uses for each Street Market are as follows: Lincoln Road Green Market: includes fruits, vegetables, juices, nuts and other related products; plants and cut flowers; Espanola Way Street Market: included arts and crafts; cut flowers and plants; fruits, juices, nuts, and other related products; 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. The City entered into four separate Management and Operating Agreements governing each of the Street Markets, each commencing on October 1, 2006 and terminating on September 9, 2009, (collectively, "Management Agreements"). The Management Agreements provided for an extension of the respective terms for an additional three (3) years, which was approved by the City on July 1st, 2009. It should be noted that shortly after the renewal options were approved, the Espanola Way Street Market was closed due to lack of interest by the vendors. The renewal terms were due to expire on September 30, 2012; therefore, staff referred the discussion, regarding the issuance of a new Request for Proposals ("RFP") for the management and operation of the Street Markets, to the Finance and Citywide Projects Committee ("FCWPC"). On May 17, 2012, the FCWPC recommended issuing the RFP with a broader scope, including locations other than where the markets are today. In addition, the FCWPC 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 FCWPC, the City Commission adopted Resolution No. 2012-27997, extending the Management Agreements in effect, on a month- to-month basis, for a period ending May 31, 2013. The Resolution further authorized the Administration to begin working on a new 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 60 Resolution authorizing the Issuance of a RFP for the Management and Operation of Street Markets in Miami Beach July 17, 2013 Page 2 of4 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. Staff required additional time to complete the RFP process and on May 8, 2013, the City Commission adopted Resolution No. 2013-28212, extending the Management Agreements in effect, from June 1, 2013 until such time as a new contract for the Street Market(s) was executed. In connection with the preparation of the RFP, Staff held an industry-review meeting on June 17, 2013. Operators and vendors of Street Markets from the tri-county area were notified of the meeting and several attended. Many of their suggestions were incorporated in the scope for the RFP being presented to the City Commission herein, including providing the option of a weekday Street Market, more flexible hours of operation and a preference for locally grown produce in support of the farm to table concept. ANALYSIS Since October 1, 2006, The Market Company has been operating its Green (Farmers) Markets on Lincoln Road, Normandy Isle and until August, 2009, on Espanola Way. As noted above, The Market Company's markets are generally engaged in the sale of cut flowers and plants, fruits, vegetables and other edible products, including fresh fruits, dried fruits, vegetables, nuts, preserves, pickled items, jams, jellies, juices, smoothies and other non-alcoholic beverages. The "Green Market" concept was specifically adopted for Lincoln Road so as not to compete with merchants in the area. During the same period, Production Sud, Inc. has operated its Antiques and Collectibles Market on Lincoln Road, engaging in the sale of antiques, vintage goods and collectibles, including but not limited to, jewelry, bric-a-brac, reproductions, memorabilia, art, and creative uses of recycled components. For allowing the Markets to operate in their respective locations, the City receives rent equivalent to the greater of a fixed percentage of concessionaire's gross receipts (PG) or an established minimum guarantee (MG) as follows: In order to cover the costs associated with facilitating Street Markets for the general public, the City will need to charge Concessionaires the following additional fees: $40.00 per day to contribute toward the costs associated with field monitoring the event, on an as needed basis; $100.00 per quarter to contribute toward the cost of pressure cleaning the sites of the Street Markets; and $5.00 per market day for each vendor requiring electrical service. A summary of the current terms for each of the Markets is included as "Exhibit A"to this report. Lincoln Road Green Market The Lincoln Road Green Market is currently held every Sunday on the Lincoln Road Mall from Washington Avenue to Meridian Avenue with an average of 20 vendors; operating between the hours of 9:00a.m. until 6:30p.m. As noted in the table above, the Lincoln Road Green Market has consistently exceeded its annual MG remittal to the City and continues to be a viable event for both the Concessionaire and the City. It should be noted however, that due to the significant increase in the number of sidewalk cafe permits issued on Lincoln Road since the inception of the Markets, there has been, on occasion, friction between the restaurants and the Markets over the displacement of some of their vendors. 61 Resolution authorizing the Issuance of a RFP for the Management and Operation of Street Markets in Miami Beach July 17, 2013 Page 3 of4 Normandy Village (Isle) Market The Normandy Market operates every Saturday on Rue Vendome with an average of 13 vendors. The street is closed to traffic during the Market's operation. The Market Company continues to manage and operate this market as it has over the past few years with little change in vendors or emphasis. Although not a high profit return to the City, this market is primarily frequented by the surrounding community. Antiques & Collectibles Market The Antiques & Collectibles Market, operated by Production Sud, Inc., is held on Sunday with operating hours of 9:00a.m. until 6:00 p.m, twice a month from October through May. The Market currently operates on Lincoln Road between Meridian Avenue and Michigan Avenue; Michigan Avenue between South Lincoln Lane and North Lincoln Lane; and the west side of Jefferson Avenue, between South Lincoln Lane and North Lincoln Lane, with an average of 128 vendors ( +/-). It should be noted that due to the renovations and modifications to the 1100 block of Lincoln Road that were completed in November, 2009, the Antiques and Collectibles Market was not permitted to return to the block, resulting in the loss of approximately 30 vendor locations. To compensate for the reduction in space, the Antiques & Collectibles Market was allowed to expand from two rows to three rows of tents on Michigan Avenue. Even so, the Market was reduced from approximately 130 spaces to 110 spaces, resulting in a loss of revenues and requiring staff to explore various options to add the spaces back without conflicting with the Lincoln Road Green Market and without creating circulatory, parking and/or life-safety issues. In August, 2011, Staff was able to secure the west side of Jefferson Avenue between South Lincoln Lane and North Lincoln Lane, which was able to accommodate an additional 18 vendors. This new location has since made up for the concessionaire's loss of the 1100 block. Collins Park Market On October 14, 2009, pursuant to a request from the Collins Park Neighborhood Association (CPNA), the City Commission approved a temporary Management and Operating Agreement with the Market Company to operate a farmer's market adjacent to Collins Park on a trial basis for a period of one (1) year, commencing on January 1, 2010 and ending on December 31, 2010. The Market was located on 22nd Street between Collins Avenue and Liberty Avenue, which was not the location of choice for the CPNA or the Concessionaire, who would have preferred a location in the Park itself. It should be noted that an exhaustive amount of time was spent at a staff and Committee level in identifying and agreeing to the approved location for the Market. The Park and the Central Boulevard located on the east side of Collins Avenue were firmly ruled out due to a variety of concerns involving accessibility/ADA issues, maintenance-related impacts, Historic Preservation issues, and parking and circulatory impediments. Staff also looked at Park Avenue and Liberty Avenue as potential locations, but ruled them out on account of their lack of visibility from public areas, which in effect would hide the market instead of activating the Park. The 22nd Street location was deemed the most viable on account of its high degree of visibility adjacent to the Park, the minimum impact to traffic circulation and the minimal loss of parking spaces during market days. The Collins Park Market started operations on January 3, 2010, and was scheduled to run every Sunday from 9:00 a.m. to 6:00 p.m. However, the construction of Collins Park and surrounding streetscape areas (including 22nd Street), had not been completed and was running behind schedule. Also, abnormally cold and windy conditions prevailed in the area for most of the first two months of operation, discouraging both pedestrian traffic as well as vendors from attending. Furthermore, an inadequate power supply to provide electricity for some of the vendors resulted in frequent electrical outages due to overloading of the circuits. For these reasons, the Market 62 Resolution authorizing the Issuance of a RFP for the Management and Operation of Street Markets in Miami Beach July 17, 2013 Page 4 of4 Company elected to terminate its Agreement with the City on March 31, 2010. It should be noted however, that despite the Market Company's experience with this location, it is still determined to be the most viable and functional for the Collins Park neighborhood, particularly since it is no longer subject to the mostly construction-related interruptions it was affected by before. Furthermore, on account of the few restaurants in the area, no sidewalk cafes and no local grocery store, a new market in this location could potentially be expanded to allow for a broader spectrum of products to be sold, including, but not limited to, prepared foods, arts and crafts, and the inclusion of live entertainment. Also, while the electrical supply along this section of 22nd Street is still limited to Christmas tree lighting outlets located atop the light poles along the north sidewalk, staff would recommend allowing the use of quiet (whisper) generators by those vendors needing to operate electrical equipment, such as blenders and toaster ovens. The agreements governing the Green Markets currently preclude the use of generators so as to mitigate any chance of noise disturbances as well as to minimize opportunities for vendors to engage in the production and sale of certain prohibited items such as prepared foods. While this provision may still apply to future market agreements involving Lincoln Road and Normandy Isle, an exception should be considered for Collins Park. CONCLUSION AND RECOMMENDATION The original intent of bringing the Markets to Miami Beach was to establish an ancillary activity to attract new business for the merchants in the areas in which they are located, particularly during the summer and off-season months. However, since the number of vendors participating in the Green Markets is significantly reduced during the summer and off-season and the Antiques and Collectibles Market only operates from October through May, the Markets have not been a significant source of new business for area merchants. On the other hand, they continue to be a popular draw on weekends for local area residents and visitors and for which reason staff recommends considering 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 other areas throughout the City, provided the locations involved 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. It should be noted that staff has also explored the concept of rotating markets throughout the City, but has determined they are not financially viable due to the inconsistency and the increased need for marketing. Staff recommends the authorization to proceed with the Request for Proposals, based upon the Scope attached, which includes the Street Markets currently in place, as well as the possible expansion of the Street Markets to Collins Park and other locations throughout the City, which may be pr osed by a qualified Operator. GNT T:\AGENDA\2013\July 17\Markets RFP Memo July 17 2013 (final).doc 63 REQUEST FOR PROPOS LS (RFP) RFP 317-2013ME MANAGEMENT AND OPERATIONS OF THE STREET MARKETS PROCUREMENT DIVISION, 3RD Floor 1700 Convention Center Drive Miami Beach, Fl 33139 305-673-7 490 64 IAMIB H IUP 317-2013ME MANAGEMENT AND OPERATIONS OF STREET MARKETS TABLE OF CONTENTS Section I Overview & Proposal Procedures 3 Section II 6 Section Ill 7 Section IV Proposal Format . 0 0 •••• 0 •• 0 •••••••••••• 0. 0 ••• 0. 0 • ., .. 13 Section V Evaluation/Selection Process. 0. 0 ••••• 00 ........ oHo • .," .... .. Section VI Terms & Conditions: Insurance ................. . Section VII A -Proposal Certification, & ...... 0 •• 0 0 0.. 16 Requirements Affidavit (Under Separate Cover) B -Contractor Client 23 C-lincoln Road Product list 24 D-Normandy Village Product List 25 E -Current Market Terms 65 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 Sealed proposals, as detailed herein, will be received until 3:00 PM on, August 20, 2013, at the following address: of Miami Beach City Hall Division- 1700 Convention Center Drive Miami Florida 33139 ANY PROPOSAL RECEIVED AFTER 3:00 PM ON THE PROPOSAL DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED, AND Will NOT BE CONSIDERED. RESPONSIBILITY FOR PROPOSALS THE TIME AND DATE IS SOLELY THE RESPONSIBILITY THE PROPOSER. THE CITY Will NOT BE BY MAIL, OR ANY OTHER ENTITY 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 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 ten (10) 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 THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN BEST OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL, OR ANY AND/OR ALL PROPOSALS. Sincerely, Alex Denis, CPPO Procurement Director 1 RFP 185-2013, P25 Mobile Radio System Services 66 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 RESPON 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 317-2013, Street Markets 67 SECTION I· OVERVIEW AND PROPOSAl PROCEDURES A. INTRODUCTION I 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 the Green Markets on Lincoln Road, Espanola Way and Normandy Isle to the Market Company and the operation and management for the Antique and Collectibles Market on Lincoln Road to Production Sud, Inc. (collectively "Street Markets"). The permitted uses for each Street Markel are as follows: ~='-c'-'-":..::::"--==-''-""-'--'==· includes fruits, vegetables, juices, nuts and other related products; plants and cut flowers; Espanola Way Street Markel: included arts and crafts; cut flowers and plants; fruits, juices, nuts, and other related products; Normandy Village Street Markel: 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. The City entered into four separate Management and Operating Agreements governing each of the Street Markets, each commencing on October 1, 2006 and terminating on September 9, 2009, (collectively, "Management Agreements"). The Management Agreements provided for an extension of the respective terms for an additional three (3) years, which was approved by the City on July 1st, 2009. It should be noted that shortly after the renewal options were approved, the Espanola Way Street Market was closed due to lack of interest by the vendors. The renewal terms were due to expire on September 30, 2012; therefore, staff referred the discussion, regarding the issuance of a new Request for Proposals ("RFP") for the management and operation of the Street Markets, to the Finance and Citywide Projects Committee ("FCWPC"). On May 17, 2012, the FCWPC recommended issuing the RFP with a broader scope, including locations other than where the markets are today. In addition, the FCWPC 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 FCWPC, the City Commission adopted Resolution No. 2012-27997, extending the Management Agreements in effect, on a month-to-month basis, for a period ending May 31, 2013. The Resolution further authorized the Administration to begin working on a new 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. Staff required additional time to complete the RFP process and on May 8, 2013, the City Commission adopted Resolution No. 2013-28212, extending the Management Agreements in effect, from June 1, 2013 until such time as a new contract for the Street Market(s) was executed. In connection with the preparation of the RFP, Staff held an industry-review meeting on June 17, 2013. Operators and vendors of Street Markets from the tri-county area were notified of the meeting and several atlended. Many of their suggestions were incorporated in the scope for the RFP being presented to the City Commission herein, including providing the option of a weekday Street Market, more flexible hours of operation and a preference for locally grown produce in support of the farm to table concept. B. RFP TIMET ABlE The for this RFP is as follows: Pre-Prop Deadline for Receipt Evaluation Com Tentative Commission Approval Authorizing Contract N 3 RFP 185-2013, P25 Mobile Radio System 3 mission Approval Services 68 (9 /V\LAJv~l BEACH C. PROPOSAL SUBMISSION DUE DATE An original and ten (1 0) copies of complete Proposals, plus one electronic copy (CD or ftash 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 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 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 (B) 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 (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 1142644 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. CONTACT INFORMATION t: phone: Estevez, CPPB, CPPO 000, Extension 6558 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 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. MODIFICATIONIWITHDRAWALS 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. 4 RFP 317-2013, Street Markets 69 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 lime, 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 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 Stale 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. II 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 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. 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. 5 RFP 317-2013, Street Markets 70 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 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 2-397through 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 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. Must have been in business performing the services sought in this RFP for at least two (2} years. 6 RFP 317-2013, Street Markets 71 Since October 1, 2006, The Market Company has been operating its Green (Farmers) Markets on Lincoln Road, Normandy Isle and until August, 2009, on Espanola Way. As noted above, The Markel Company's markets are generally engaged in the sale of cut flowers and plants, fruits, vegetables and other edible products, including fresh fruits, dried fruits, vegetables, nuts, preserves, pickled items, jams, jellies, juices, smoothies and other non-alcoholic beverages. The "Green Market" concept was specifically adopted for Lincoln Road so as not to compete with merchants in !he area. During the same period, Production Sud, Inc. has operated its Antiques and Collectibles Market on Lincoln Road, engaging in the sale of antiques, vintage goods and collectibles, including but not limited to, jewelry, bric-a-brac, reproductions, memorabilia, art, and creative uses of recycled components. For allowing the Markets to operate in their respective locations, the City receives rent equivalent to the greater of a fixed percentage of concessionaire's gross receipts (PG) or an established minimum guarantee (MG) as follows: In order to cover the costs associated with facilitating Street Markets for the general public, the City will need to charge Concessionaires the following additional fees: $40.00 per day to contribute toward the costs associated with field monitoring the event, on an as needed basis; $100.00 per quarter to contribute toward the cost of pressure cleaning the sites of the Street Markets; and $5.00 per market day for each vendor requiring electrical service. A summary of the current terms for each of the Markets is included as "Appendix F'. Lincoln Road Green Market The Lincoln Road Green Market is currently held every Sunday on the Lincoln Road Mall from Washington Avenue to Meridian Avenue with an average of 20 vendors; operating between the hours of 9:00a.m. until 6:30p.m. As noted in the table above, the Lincoln Road Green Markel has consistently exceeded its annual MG remittal to the City and continues to be a viable event for both the Concessionaire and !he City. It should be noted however, that due to the significant increase in the number of sidewalk cafe permits issued on Lincoln Road since the inception of the Markets, there has been, on occasion, friction between the restaurants and the Markets over the displacement of some of their vendors. Normandy Village (Isle) Market The Normandy Market operates every Saturday on Rue Vendome with an average of 13 vendors. The street is closed to traffic during the Market's operation. The Market Company continues to manage and operate this market as it has over the past few years with little change in vendors or emphasis. Although not a high profit return to the City, this market is primarily frequented by the surrounding community. Antiques & Collectibles Market The Antiques & Collectibles Market, operated by Production Sud, Inc., is held on Sunday with operating hours of 9:00 a.m. until 6:00 p.m, twice a month from October through May. The Market currently operates on Lincoln Road between Meridian Avenue and Michigan Avenue; Michigan Avenue between South Lincoln Lane and North Lincoln Lane; and the west side of Jefferson Avenue, between South Lincoln Lane and North Lincoln Lane, with an average of 128 vendors(+/-). It should be noted that due to the renovations and modifications to the 1100 block of Lincoln Road that were completed in November, 2009, the Antiques and Collectibles Market was not permitted to return to the block, resulting in the loss of approximately 30 vendor locations. To compensate for the reduction in space, the Antiques & Collectibles Market was allowed to expand from two rows to three rows of tents on Michigan Avenue. Even so, the Market was reduced from approximately 130 spaces to 110 spaces, resulting in a loss of revenues and requiring staff to explore various options to add the spaces back without conflicting with the Lincoln Road Green Market and without creating circulatory, parking and/or life-safety issues. In August, 2011, Staff was able to secure the west side of Jefferson Avenue between South Lincoln Lane and North Lincoln Lane, which was able to accommodate an additional 18 vendors. This new location has since made up for the concessionaire's loss of the 1100 block. Collins Park Markel On October 14, 2009, pursuant to a request from the Collins Park Neighborhood Association (CPNA), the City Commission approved a temporary Management and Operating Agreement with the Market Company to operate a farmer's market adjacent to Collins Park on a trial basis for a period of one (1) year, commencing on January 1, 2010 and ending on December 31, 2010. The Market was located on 22nd Street between Collins Avenue and Liberty Avenue, which was not the location of choice for the CPNA or the Concessionaire, who would have preferred a location in the Park itself. It should be noted that an exhaustive amount of lime was spent at a staff and Commillee level in 7 RFP 317-2013, Street Markets 72 /v\llv\!\1 BEACH identifying and agreeing to the approved location for the Market. The Park and the Central Boulevard located on the east side of Collins Avenue were firmly ruled out due to a variety of concerns involving accessibility/ADA issues, maintenance-related impacts, Historic Preservation issues, and parking and circulatory impediments. Staff also looked at Park Avenue and Liberty Avenue as potential locations, but ruled them out on account of their lack of visibility from public areas, which in effect would hide the market instead of activating the Park. The 22nd Street location was deemed the most viable on account of its high of visibility adjacent to the Park, the minimum impact to traffic circulation and the minimal loss of parking spaces during market days. The Collins Park Market started operations on January 3, 2010, and was scheduled to run every Sunday from 9:00 a.m. to 6:00 p.m. However, the construction of Collins Park and surrounding streetscape areas (including 22nd Street), had not been completed and was running behind schedule. Also, abnormally cold and windy conditions prevailed in the area for most of the first two months of operation, discouraging both pedestrian traffic as well as vendors from attending. Furthermore, an inadequate power supply to provide electricity for some of the vendors resulted in frequent electrical outages due to overloading of the circuits. For these reasons, the Market Company elected to terminate its Agreement with the City on March 31, 2010. It should be noted however, that despite the Market Company's experience with this location, it is still determined to be the most viable and functional for the Collins Park neighborhood, particularly since it is no longer subject to the mostly construction-related interruptions it was affected by before. Furthermore, on account of the few restaurants in the area, no sidewalk cafes and no local grocery store, a new market in this location could potentially be expanded to allow for a broader spectrum of products to be sold, including, but not limited to, prepared foods, arts and and the inclusion of live entertainment. Also, while the electrical supply along this section of 22nd Street is still limited to Christmas tree lighting outlets located atop the light poles along the north sidewalk, staff would recommend allowing the use of quiet (whisper) generators by those vendors needing to operate electrical equipment, such as blenders and toaster ovens. The agreements governing the Green Markets currently preclude the use of generators so as to mitigate any chance of noise disturbances as well as to minimize opportunities for vendors to engage in the production and sale of certain prohibited items such as prepared foods. While this provision may still apply to future market agreements involving Lincoln Road and Normandy Isle, an exception should be considered for Collins Park. Operate and manage an open air street market on Lincoln Road, generally located between Washington Avenue and Meridian Avenue; commonly known and referred to herein as the "Lincoln Road Green Market" (the Market), which shall provide a venue for vendors to sell and/or provide the approved product list set forth in the attached Exhibit "1 ", which includes products from the following categories: a) Plants and cut flowers; b) Fruits, vegetables, and other edible products and related food items; and c) Locally-grown produce, fruits and vegetables. Maximum Tent Spaces, 40, subject to change by City, at City's sole discretion. This shall also generally include the rental of booths, tents, tables, signs or space(s). Interaction and Coordination with Other Lincoln Road Operations and Events: Successful proposer will agree and understand that there are other businesses, establishments, operations and events, which are ongoing or may occur from lime to time, within or in close proximity to the Concession Area. As such, successful proposer agrees that it will use its best efforts to cooperate and coordinate with said businesses, establishments, operations and events so as to minimize the impact to the respective parties. During the term of the Agreement, the successful proposer may be required to maintain and pay for one off-duty police officer during hours of operation, if required by law or if the City deems necessary, at the City's sole discretion. The location for loading in and out of the Concession Area(s) shall be determined by the City in the final agreement. SCHEDULE OF OPERATION Successful proposer's operations shall be open on the Concession Area, in accordance with the schedule outlined below, weather or events of force majeure permitting: Sundays only 73 Set-Up: Must not begin earlier than: Market operating hours: Daylight Savings Time: Eastern Standard Time: Move-Out: Daylight Savings Time: Eastern Standard Time: 7:00AM and end by 9:00AM 9:00AM to 7:00 PM 9:00 AM to 6:00 PM 7:00 PM to 8:00 PM 6:00 PM to 7:00 PM NORMANDY VILLAGE STREET MARKET Successful proposer shall operate and manage an open air street market on Rue Vendome, commonly known and referred to herein as the "Normandy Village Street Markel" (the Markel), which shall provide a venue for vendors to sell and/or provide the approved product list set forth in the attached Exhibit "2", which includes products from the following categories: a) Arts and Crafts Merchandise; b) Plants and Cut Flowers; c) Fruits, vegetables, and other edible products and related food items; and d) Locally-grown produce, fruits and vegetables. Successful proposer may also have Live Entertainment (non-amplified) during the hours of operation. Maximum Tent Spaces, subject to change by City, at City's sole discretion. This shall also generally include the rental of booths, tents, tables, signs or space(s). Any live entertainment that is provided by successful proposer shall be limited to: solo, duo and/or trio performers, unless otherwise approved, in writing, by the City Manager or his designee. For purposes of this Agreement, the term "performers" shall include individuals who provide live entertainment by means of no amplified music with musical instruments, singing, dancing, theatrical and dramatic interpretation, mimes, etc. Notwithstanding the foregoing, the successful proposer must comply with City and Miami-Dade County Noise Ordinance(s), as well as any other applicable regulation, at all times. During the term of the Agreement, the successful proposer may be required to maintain and pay for one off-duty police officer during hours of operation, if required by law or if the City deems necessary, at the City's sole discretion. If public parking meters will be required to be covered during the lime the market is operating, the proposer shall be responsible for covering the requisite meters and paying the City for the use of said parking spaces. The location for loading in and out of the Concession Area(s) shall be determined by the City in the final agreement. SCHEDULE OF OPERATION Successful proposer's operations shall be open on the Concession Area, in accordance with the schedule outlined below, weather or events of force majeure permitting. Move-Out Day(s) of Operation: Saturdays, Sundays and/or weekdays Operating Hours: Set-Up: Must not begin earlier than: 7:00AM Markel operating hours: Daylight Savings Time: Shall end no later than 6:00 PM Eastern Standard Time: Shall end no later than 5:00 PM Daylight Savings Time: Eastern Standard Time: No later than 7:00 PM No later than 6:00 PM Any change in the days or hours of operation require the prior written consent of the City Manager including, but not limited to, change in the days and hours of operation requested pursuant to the Agreement. 9 RFP 317-2013, Street Markets 74 Operate and manage an open air street market on Lincoln Road, generally located between lenox and Meridian Avenue; as well as on Michigan Avenue between South lincoln lane and North lincoln Lane; and on Jefferson Avenue, between South Lincoln Lane and North lincoln lane, commonly known and referred to herein as the "Lincoln Road Antique and Collectibles Market" {the Market), which shall provide a venue for vendors to sell and/or provide the following: a) Antiques; b) Vintage Goods; and c) Collectibles Maximum Tent Spaces, 120, subject to change by City, at City's sole discretion. This shall also generally include the rental of booths, tents, tables, signs or space(s). Interaction and Coordination with Other Lincoln Road Operations and Events: Successful proposer will agree and understand that there are other businesses, establishments, operations and events, which are ongoing or may occur from time to time, within or in close proximity to the Concession Area. As such, successful proposer agrees that it will use its best efforts to cooperate and coordinate with said businesses, establishments, operations and events so as to minimize the impact to the respective parties. During the term of the Agreement, the successful proposer may be required to maintain and pay for one off-duly police officer during hours of operation, if required by law or if the City deems necessary, at the City's sole discretion. If public parking meters will be required to be covered during the time the market is operating, the proposer shall be responsible for covering the requisite meters and paying the City for the use of said parking spaces. The location for loading in and out of the Concession Area(s) shall be determined by the City in the final agreement. SCHEDULE OF OPERATION Successful proposer's operations shall be open on the Concession Area, in accordance with the schedule outlined below, weather or events of force majeure permitting. Day(s) of Operation: Operating Hours: Set-Up: Must not begin earlier than: Market operating hours: Daylight Savings Time: Eastern Standard Time: Move-Out: Daylight Savings Time: Eastern Standard Time: Sundays only (Minimum two Sundays per month) 7:00 AM and end by 9:00AM 9:00 AM to 7:00 PM 9:00AM to 6:00 PM 7:00 PM to 9:00 PM 6:00 PM to 8:00 PM Any change in the days or hours of operation require the prior written consent of the City Manager including, but not limited to, change in the days and hours of operation requested pursuant to the Agreement. COlliNS PARK MARKET Successful proposer shall operate and manage an open air street market, commonly known and referred to herein as the "Collins Park Street Market" (the Market), which shall provide a venue for vendors to sell and/or provide the following: a) Arts and crafts merchandise; b) Plants and cut flowers; c) Fruits, vegetables, and other edible products and related food items; d) Prepared food items; e) locally-grown produce, fruits and vegetables; and ~ live entertainment non-amplified , 10 RFP 317-2013, Street Markets 75 PLEASE NOTE: Final location of the Collins Park Street Market must be mutually agreed upon by City and successful proposer. This shall also generally include the rental of booths, tents, tables, signs, or space(s). Any live entertainment that is provided by successful proposer shall be limited to: solo, duo and/or trio performers, unless otherwise approved, in writing, by the City Manager or his designee. For purposes of this Agreement, the term "performers" shall include individuals who provide live entertainment by means of no amplified music with musical instruments, singing, dancing, theatrical and dramatic interpretation, mimes, etc. Notwithstanding, the foregoing, successful proposer, must comply with City and Miami-Dade County Noise Ordinance(s), and any other applicable regulation, at all times. During the term of the Agreement, the successful proposer may be required to maintain and pay for one off-duty police officer during hours of operation, if required by law or if the City deems necessary, atlhe City's sole discretion. This site requires quiet (whisper) generators for vendors requiring electricity. As a negotiable term, the proposal shall indicate whether the proposer or the City will be providing this service. If public parking meters will be required to be covered during the time the market is operating, the proposer shall be responsible for covering the requisite meters and paying the City for the use of said parking spaces. The location for loading in and out of the Concession Area(s) shall be determined by the City in the final agreement. SCHEDULE OF OPERATION Successful proposer's operations shall be open on the Concession Area, in accordance with the schedule outlined below, weather or events of force majeure permitting. Day(s) of Operation: Operating Hours: Set-Up: Must not begin earlier than: Market operating hours: Daylight Savings Time: Eastern Standard Time: Move-Out: Daylight Savings Time: Eastern Standard Time: Saturdays, Sundays and/or weekdays 7:00AM No later than 7:00 PM No later than 6:00 PM No later than 8:00 PM No later than 7:00 PM Any change in the days or hours of operation require the prior written consent of the City Manager including, but not limited to, change in the days and hours of operation requested pursuant to the Agreement. OTHER LOCATIONS Operate and manage an open air street market in a location or locations to be defined by the proposer, which shall provide a venue for vendors to sell and/or provide the following: a) Plants and Cut Flowers; b) Fruits, vegetables, and other edible products and related food items; c) Prepared food items; d) Arts and crafts merchandise; e) Locally-grown produce, fruits and vegetables; and 0 Live entertainment (non-amplified). This shall also generally include the rental of booths, tents, tables, signs or space(s), Interaction and Coordination With Other Operations and Events: Successful proposer will agree and understand that, depending upon the proposed location(s) of the Concession Area(s), there may be other businesses, establishments, operations and events, which are ongoing or may occur from time to time, within or in close proximity to the Concession Area. As such, successful proposer agrees that it will use its best efforts to te and coordinate with said businesses, 11 RFP317-2013,Stroo!Markols 76 tv\IA!V\1 BEACH establishments, operations and events so as to minimize the impact to the respective parties. Any live entertainment thai is provided by successful proposer shall be limited to: solo, duo and/or trio performers, unless otherwise approved, in writing, by the City Manager or his designee. For purposes of this Agreement, the term "performers" shall include individuals who provide live entertainment by means of no amplified music with musical instruments, singing, dancing, theatrical and dramatic interpretation, mimes, etc. Notwithstanding, the foregoing, successful proposer, must comply with City and Miami-Dade County Noise Ordinance(s), and any other applicable regulation, at all times. During the term of the Agreement, the successful proposer may be required to maintain and pay for one off-duty police officer during hours of operation, if required by law or if the City deems necessary, at the City's sole discretion. If the site requires quiet (whisper) generators for vendors requiring electricity, as a negotiable term, the proposal shall indicate whether the proposer or the City will be providing this service. If public parking meters will be required to be covered during the time the market is operating, the proposer shall be responsible for covering the requisite meters and paying the City for the use of said parking spaces. The location for loading in and out of the Concession Area(s) shall be determined by the City in the final agreement. SCHEDULE OF OPERATION Successful proposer's operations shall be open on the Concession Area(s), in accordance with the schedule outlined below, weather or events of force majeure permitting. Day(s) of Operation: Operating Hours: Set-Up: Must not begin earlier than: Market operating hours: Daylight Savings Time: Eastern Standard Time: Move-Out: Daylight Savings Time: Eastern Standard Time: Vendor Selection I First Priority to Miami Beach Merchants Saturdays, Sundays and/or weekdays 7:00AM No later than 7:00 PM No later than 6:00 PM No later than 8:00 PM No later than 7:00 PM Within thirty (30) days from the Commencement Dale of the Concession Agreement and for a period of thirty (30) days thereafter, the successful proposer shall offer Miami Beach licensed merchants the opportunity to participate (a booth space in the Markel) as vendors, before opening its search to the general public or other networks. The successful proposer will establish this "pool" and will also serve as the clearinghouse for booth availability and vendor applicants. The successful proposer shall commit to use this clearinghouse during the initial availability of booth space before expanding its search to other networks. The successful proposer, will use best efforts to ensure that all Miami Beach licensed merchants are contacted and that announcements regarding booth availability are disseminated throughout the City of Miami Beach, as quickly as possible so as to take optimum advantage of the thirty (30) day availability period, including but not limited to, advertising in a local newspaper, placing information on the Market or other websites, or other similar efforts. Proposer shall plan to submit a proposed Rental Fee Schedule, outlining the proposed rents to be collected from merchants. Facilities Design Proposers shall plan to submit a proposed Facilities Design for their Market set-up, taking into consideration the Site Plan(s) included in the sample Agreements, attached hereto Product list Proposers shall plan to submit a proposed Product List of items to be featured in their Market(s). Insurance Requirements: Public Liability and Contingent Liability Insurance for bodily injury in the minimum limits of the policy of One Million Dollars $1,000,000.00 erson and One Million Dollars each occurrence for bodil in'ur liability and One Million Dollars 77 ($1 ,000,000.00) limits for each occurrence on property damage liability" Upon execution of an Agreement, successful proposer shall furnish the City with a Security Deposit, as agreed by the City. Said Security Deposit shall serve to secure successful proposer's performance in accordance with the provisions of the Agreement. In the event the successful proposer fails to perform in accordance with the provisions of the Agreement, the City may retain said Security Deposit, as well as pursue any and all other available legal remedies. Percentage of Gross (PG) During the initial term and any renewal term of the Agreement, the successful proposer shall pay the City, on a monthly basis and within thirty (30) calendar days from the end of each month, the negotiated percentage of successful proposer's gross receipts (PG). Minimum Guarantee (MG) Notwithstanding the PG payment required, successful proposer shall pay to the City a Minimum Guaranteed Annual Concession Fee (MG)" Additional Fees Additionally, the successful proposer agrees and understands that a Field Monitor, who will report to and be under the direction of the City, shall be provided, on an as needed basis, to assist and facilitate during set-up times, as well as to monitor the operation of the market ("Monitoring Fee"). The proposer shall be obligated to pay the City a flat fee of $40.00 per day, to contribute toward this operational expense. Proposer should also factor in remitting to the City an amount equal to Five dollars ($5.00) per Market day, plus applicable sales and use tax, for each vendor location that proposes to use electricity. Proposer shall also be responsible for reimbursing the City for the cost and expense of pressure cleaning the Concession Area, including all abutting sidewalks and public right-of-ways adjacent thereto, in the total amount of $100.00 per quarter. 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. tailed verifiable information affirmatively documenting compliance with minimum eligibility requirements established in Qualifications of Proposing Firm. Describe experience and qu"1't'l'""t''"n" of the Proposer in providing the services detailed herein. The desired qualification of the proposing firm are as follows: • Experienced operator with proven track record of organizing and managing street markets for a period in excess of two years. • Financial capacity to perform services outlined in the RFP: Latest annual reviewed/audited financial statements with the auditors notes. 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. information financial 78 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 services in the timeliest manner possible. specific revenue and expense line times, as well as prop 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 thai it deems to be the best candidate(s) by using the following evaluation criteria: Total Points Evaluation Crit~ria 50 Proposer Experience and Qualifications 15 Reference as to Experience and Qualifications 20 I Approach and Methodology 15 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. 14 RFP 317-2013, Stroot Markets 79 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 Slate 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 $1,000,000. 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 $1 ,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). • Automobile Liability-$1 ,000,000 each occurrence-owned/non-owned/hired automobiles included. 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. 15 RFP 3172013, Street Markets 80 APPENDIX A Proposal Certification, Questionnaire & Requirements Affidavit RFP 317-2013 MANAGEMENT AND OPERATIONS OF STREET MARKETS Page16 PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 RFF' 317-2013, Monagement81"' Operaiions of !he Street Markets APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAV IT : 317-2013 Solicitation Tille: Management and Operations for Street Markets en! Contact: Maria Estevez • Tel: 305-673-7234 I fi.gov 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: ADDRESS (HEADQUARTERS): CITY: STATE: , ._,_._, , ONE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: I STATE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: I .. The C1ty reserves the nght to seek additional information from proposer or other source(s), mcluding 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 17 RFP 317-2013, nPIYIAinT and ni"H'1Hnn< or lhe Slreel Markets 82 2. APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Miami Beach Based (Loct) Ve,dor. 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 sera veteran owned business? 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 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. Page 18 RFP 317-2013, and Operations of the Street Markets 83 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-cerfurr:mce by any public sector agency? CJ 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.miamibeachfi.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.miamibeachfi.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. RFP 317-2013, Page 19 and 84 ot the Street Markets PROPOSAL CERTIFICATION, APPENDIX A NAIRE & REQUIREMENTS AFFIDAVIT A. Does your company provide to any benefits to employees with spouses or to spouses of employees? 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 Employees with Firm Provides for Employees with Domestic Partners 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/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. If additional confirmation of addendum is required, submit under separate cover, & """"" Page 20 RFP 317-2013, Management and 85 of the Street Markets APPENDIX A PROPOSAl CERTifiCATION, QUESTIONNAIRE&. REQUIREMENTS AFFIDAVIT DISCiiOSURE AND DISCiiAIMER 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 thai 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 21 RFP 317-2013, Management and Operations of the Street Mmkets 86 PROPOSAL CERTifiCATION, QUESTIONNAIRE & PROPOSER CERTIFICATION APPENDIX A AffiDAVIT 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, 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 Certification, Questionnaire and R Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer'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 __ _ My Commission Expires:·-------· Page 22 RFP 317-2013, Management and '"m"''" of the Street Markets 87 MIAMI City of Miami Beach, 1700 Convention Center Drive, Miami PROCUREMENT DIVISION Tel: 305-673-7000 ext. 6652, Fox: 786-394-4075 To Whom It May Concern: Florida 331 Appendix B Contractor Client Survey 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. Please evaluate the performance of the company (1 0 means you are very satisfied and have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance). If you don't know, please leave blank. Contractor: Client Survey Due Date: August20, 2013 Project Description: City Contact Maria Estevez, CPPB, CPPO 305-673-7000, Extension 6558 786-394-4002, Fax meste · achfl. ov I l Contractor Performance Evaluation Criteria Submittal Information: City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 Score How satisfied were you with qualifications and professionalism of the contractor's personnel, subcontractors and agents in completing the project requirements? 4 5 1-1 0) Additional Comments /Information: Page 23 RFP 317-2013, and Operations ol the Street Markets 88 APPENDIX '"C" Lincoln Road Street Market Product List Products listed as part of this Exhibit are not intended to be outside of the stated definitions of Cut Flowers and Plants and Fruits, Vegetables, Other Edible Products. Edible Products must not include commercially-made products. Baked Goods Bonsai Cheese Christmas Trees-table top or small sized Cut Flowers Fish & Shellfish as produce Food Products (imported, handmade) Fruits & Vegetables Guacamole Handmade Candies Herbs & Spices Honey Jams & Jellies Kettle Corn Nuts Oils & Marinades Orchids Organic Food Products Plants & Trees Popcorn Smoothies, Fruit Juice & Lemonade Topiaries Vegan Products Vegetarian Soy Meat Water Gardens Locally-grown produce, fruits and vegetables Page 24 RFP 317-2013, Management and 89 of tfle Street Markets APPENDIX "D" Normandy Village Street Market Product List Products listed as part of this Exhibit are not intended to be outside of the stated definitions of Arts and Crafts; individually hand-crafted and not commercially mass produced, Cut Flowers and Plants; and Fruits, Vegetables, Other Edible Products. Edible Products must not include commercially-made products. Baked Goods Bonsai Candles Cheese Christmas Trees -table top or small sized Cut Flowers Ethnic Products (i.e. clothing -not commercially mass produced) Fish & Shellfish as produce Fruits & Vegetables Guacamole Candies (handmade) Herbs & Spices Honey Food Products (imported, handmade) Jams & Jellies Jewelry Kettle Corn Nuts Oils & Marinades Orchids Organic Food Products Original Artwork Plants & Trees Popcorn Potpourri (handmade) Smoothies, Fruit Juice & Lemonade Soaps (natural, handmade) Topiaries Vegan Products Vegetarian Soy Meat Water Gardens Hand-made candles Home-Made Dog products, including dog food Locally-grown produce, fruits and vegetables <E? /')\I AMI BEACH Page 25 RFP 317-2013, Manogomont and nn<>.rr,iir-.n< of the Street Markets 90 APPENDIX "E" Collins Park and Other Locations Street Market Product List Products listed as part of this Exhibit are not intended to be outside of the stated definitions of Arts and Crafts; individually hand-crafted and not commercially mass produced, Cut Flowers and Plants; and Fruits, Vegetables, Other Edible Products. Edible Products must not include commercially-made products. Baked Goods Bonsai Candles Cheese Christmas Trees -table top or small sized Cut Flowers Ethnic Products (i.e. clothing-not commercially mass produced) Fish & Shellfish as produce Fruits & Vegetables Guacamole Candies (handmade) Herbs & Spices Honey Food Products (imported, handmade) Jams & Jellies Jewelry Kettle Corn Nuts Oils & Marinades Orchids Organic Food Products Original Artwork Plants & Trees Popcorn Potpourri (handmade) Smoothies, Fruit Juice & Lemonade Soaps (natural, handmade) Topiaries Vegan Products Vegetarian Soy Meat Water Gardens Hand-made candles Home-Made Dog products, including dog food Locally-grown produce, fruits and vegetables Page 26 RFP 317-2013, Management and Operations of the Street Markets 91 APPENDIX "F" CURRENT MARKET AGREEMENT TERMS Lincoln Road Green Market Operator: The Market Company, Inc.-Claire & Don Tomlin (305) 775-2166 Use: Schedule of Operation: Location: Commencement Date: Initial Term Ending Date: Renewal Term Ending Date: Term: • Initial Term: • Renewal Term: Security Deposit: Rent Amount: • Additional Rent: other Open Air Street Market, Plants and Cut Flowers, Fruits, vegetables, and edible products and related food items. Days: Sundays only Time: Sunday 9:00am to 6:00pm Lincoln Road, bet Washington Avenue & Meridian Avenue October 1st, 2006 September 30th, 2009 September 30lh, 2012-Extended on a month-to-month basis Three (3) years Option to renew three (3) additional years. Exercised-Exercised on July 1, 2009. $1,400.00 MG $8,820.00 or 15% percent of gross receipts, whichever is greater. Field Monitor $19.85 per hour. Refiects renewal term, increase of 5% per contract year; Pressure cleaning on a quarterly basis paid to the City in the amount of $100 annually; Electricity@ $4.00 per market day per vendor requiring the use of electricity Normandy Village (Isle) Street Market Operator: The Market Company, Inc.-Claire & Don Tomlin (305) 775-2166 Use: Schedule of Operation: Location: Commencement Date: Rent Commencement Date: Initial Term Ending Date: Renewal Term Ending Date: Term: • Initial Term: • Renewal Term: Security Deposit: Rent Amount: • Additional Rent: Open Air Street Market, Arts and Crafts Merchandise, Plants and Cut Flowers, Fruits, vegetables, and other edible foods, Live Entertainment Days: Saturdays Only Time: Saturday 9:00am to 5:00 pm Normandy Isle, Rue Vendome, south side of fountain October 2006 October 1st, 2006 September 30th, 2009 September 30th, 2012 Three (3} years Option to renew three (3) additional years. Exercised-Exercised on July 1, 2009. $1,400.00 MG $3,675.00 or 15% percent of gross receipts, whichever is greater. Field Monitor $19.85 per hour. Refiects renewal term, increase of 5% per contract year; Pressure cleaning on a quarterly basis paid to the City in the amount of $100 annually; Electricity@ $4.00 per market day per vendor requiring the use of electricity. Page 27 RFP 317-2013, Management and of the Street Markets 92 Antiques and Collectibles Market Operator: Production Sud, Inc.-Tony Angione & Lou Bondi (305) 336-1049 Use: Schedule of Operation: Location: Commencement Date: Initial Term Ending Date: Renewal Term Ending Date: Term: • Initial Term: • Renewal Term: Security Deposit: Rent Amount: Lincoln Road Open Air Street Market-Antiques, Vintage Goods, and/or Collectibles Days: Sundays only (twice monthly, October-May) Time: Sunday 9:00am to 6:00pm Lincoln Road, bet Jefferson Avenue & Michigan Avenue October 1st, 2006 September 30, 2009 September 30, 2012-Extended on a month-to-month basis Three (3) years Option to renew three (3) additional years. Exercised -Exercised on July 1, 2009. $2,500.00 MG $29,400 or 12.5 % gross receipts whichever is greater Additional Rent: Field Monitor $19.85 Dollars per hour. Reflects renewal term increase of 5% per contract year; Pressure cleaning on a quarterly basis paid to the City in the amount of $100 annually; Electricity@ $4.00 per market day per vendor requiring the use of electricity. Field Monitor required for a minimum of two (2) hours daily on Sunday mornings in order to assist and facilitate during set-up times. Antiques & Collectibles Field Monitor required for a minimum of two (2) hours daily on Sunday mornings in order to assist and facilitate during set-up times. Normandy Isle Field Monitor required for a minimum of two (2) hours daily on Saturday mornings in order to assist and facilitate during set-up times Page 28 RFP 317-2013, Manogement and Operations of the Street Markets 93 THIS PAGE INTENTIONALLY LEFT BLANK 94 C7 -Resolutions C21 Request For Approval To Award Contracts Pursuant To Invitation To Bid No: 145-2013, For Routine And Emergency Sanitary Sewer And Storm Water Pipes Cleaning, And Close Circuit Television (CCTV) Inspection Services. (Public Works/Procurement) (Deferred from June 5, 2013) (Memorandum to be Submitted in Supplemental) 95 Agenda Item {;;). I Date 1-11-13 THIS PAGE INTENTIONALLY LEFT BLANK 96 COMMISSION ITEM SUMMARY Condensed Title: REQUEST APPROVAL TO RENEW, IN SOME CASES RETROACTIVELY, CONTRACTS FOR ROUTINE OPERATIONAL REQUIREMENTS. Key Intended Outcome Supported: Strengthen Internal Controls Supporting Data (Surveys, Environmental Scan, etc.): Item Summary/Recommendation: As is customary, many of the City's agreements resulting from competitive solicitations include renewal clauses that allow for the extension of contract terms for a certain number of renewal periods beyond the original contract term, as stipulated in the solicitation or resulting contract. The renewal periods allow the City to continue to acquire the necessary goods and services from reputable contractors at competitive prices. In the past, the contract management process, often including contract renewals, has been delegated to the using departments. As is the case with other business processes, the contract renewal process has been evaluated to assure sound business practices are being adhered to when considering contract renewals. The Administration has determined that contract renewals shall be managed by the Procurement Office, in consultation with the user department, who shall make a recommendation to the City Manager on any contract considered to be in the best interest of the City to be renewed. Accordingly, the purpose of this item is to request authority to renew, in some cases retroactively, certain contracts for routine operational requirements as noted in the attachment. The justification for renewing is included adjacent to the contract information. RECOMMENDATION The Administration recommends that the Mayor and City Commission approve the extension of contracts for routine operational requirements, awarded through competitive solicitations, with the following vendors as applicable: ASE Telecom, IBM, A &B Bulk Mailers, Pride Enterprises, Arrowmail Presort Company, Enterprise Leasing Company, Enterprise Electrical Contracting, Control Communications, Paper Solution (d/b/a Park Tek Solution), Print Media, Sunset Sod, Safe Air Corporation, Horizon Investigations, Superior Landscaping & Lawn Service , SFM Services, Everglades Environmental Care, Country Bills, Elan Lawn Landscaping, ValleyCrest Landscape Maintenance, LukesSawgrass Landscape, and Southern Landscaping Enterprises; further authorizing the City Manager to consider and approve any subsequent renewal periods for which the referenced contractors may be eligible as deemed to be in the best interest of the City, contingent upon approved budgeted funds being available. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 See below. See below. D 2 3 OBPI Total Financial Impact Summary: Various budget codes are contained in the referenced contract expenditures. All expenditures are contingent upon approved budgeted funds being available. nt City Manager / MIAMI BEACH 97 JLM AGENDA ITEM DATE CJ.J 2-12-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www. miamibeachfl.gov TO: Honorable Mayor and Members of FROM: Jimmy L. Morales City Manager DATE: July 17, 2013 COMMISSIO MEMORANDUM SUBJECT: REQUEST APPROVAL TO NEW, IN SOME CASES RETROACTIVELY, CONTRACTS FOR ROUTINE PERATIONAL REQUIREMENTS. ADMINISTRATION RECOMMENDATION Approve the recommendation. BACKGROUND As is customary, many of the City's agreements resulting from competitive solicitations include renewal clauses that allow for the extension of contract terms for a certain number of renewal periods beyond the original contract term, as stipulated in the solicitation or resulting contract. The renewal periods allow the City to continue to acquire the necessary goods and services from reputable contractors at competitive prices. In the past, the contract management process, often including contract renewals, has been delegated to the using departments. As is the case with other business processes, the contract renewal process has been evaluated to assure sound business practices are being adhered to when considering contract renewals. As a result of that business process review, the Administration has implemented a process by which contract renewals adhere to the following requirements: 1. Centralized Contract Administration. Contract renewals shall be managed by the Procurement Office, in consultation with the user department, who shall make a recommendation to the City Manager on any contract considered to be in the best interest of the City to be renewed. The goal of the centralized contract administration will be to assure that a best interest analysis, as required herein, is completed prior to contract renewal considerations, and that certain other contract requirements, including risk management and bond requirements, are adhered to. 2. Contract Analysis. Prior to recommending contract renewal, an analysis shall be completed that shall include, at a minimum, validity of contract pricing given market conditions and other cost considerations factors, contractor performance evaluations, risk management considerations and the benefits of renewing a contract rather than re- competing, as applicable. In order to estimate possible price escalations that may be experienced by the City since the time of contract award, the City uses the pricing data from the Bureau of Labor Statistics, known as the Consumers' Price Index for Urban Consumers (CPI-U). Where available, the CPI-U for the South Florida region is utilized. 98 City of Miami Beach-Commission Memorandum 12 Contract Renewals for Routine Operational Requirements 3. Renewal Limitations. Contract renewals establish a new contract period and do not alter other terms and conditions of the contract or the scope of the procurement, except as authorized within the solicitation or the resulting contract. Any changes to the scope of the original contract, except as authorized within the solicitation or the resulting contract, shall require a new procurement. The purpose of this item is to request authority to renew, in some cases retroactively, the contracts listed herein. The justification for renewing is including adjacent to the contract information. The process utilized to consider the foregoing recommendations complies with the requirements noticed above. ~1-Contract Number: ~~,~~ , ITB-48-08/09 ,~~~~-- t Title: ,--~~,~,- Purchase and Installation of Telephone, Coax, Data, and Fiber Optic Communications Cable and Accessories. i Contractor: ASE Telecom c-:..-------~''''''"'""""'-~"~-----,--,_-~~,~-,,,,, '''"''~~~~~~------,--,~~~~ Brief Scope: The contract allows for the supply and installation of telephone, coax, data, and fiber optic communications cable and accessories at various City of Miami Beach facilities, on an as needed basi~L!Q,~'!laintain the Ci!Y:,,~Jel_ecommuni<~ations infrastru~!~-~~~ ' Best Interest Justification: i The vendor has received satisfactory performance evaluations by the user department, i Information Technology (IT) Department. Additionally, pricing was established through a competitive process, and, although the CPI-U has increased approximately 6.13% during the contract term, the City will continue to benefit from contract pricing established prior to the CPI- U increase. The IT Department has recommended extension of the contract term. /19/2012 throu h 4/18/2014 The contract supports the Citywide wireless broadband network and mobile broadband connectivity. In addition, the contract allows for free public access at hot zones located thro hout the island for its residents and visitors. ~st Interest Just!flcation: The vendor has received satisfactory performance evaluations by the user department, 1 Information Technology (IT) Department. According to the IT Department, the contractor has 1 'loutstanding contractual obligations from which the City will benefit by exercising the renewal I ~pJions avail§_ble. The IT J2~p~rtment has [~con1mendes!~~ensior1~Ub~ contract t~E'!l,~· ~~--J 99 City of Miami Beach-Commission Memorandum 13 Contract Renewals for Routine Operational Requirements rcontract Number: wal Period: : ~~~~~:-~09~-~1 0~11J ...... ~.~--~~··~··~······~~~~~···············~~/3_0~/2012 tbEQ~gh 9/30/2QJi~~ i.J?.~L~ Mailin~ervi~~·~········ ~~~~· Contractor: ~A~&~B~~B~ulll~k .... ~~~;J:!~~E.!~!~i~rises;~!IQ~mail Presort~QQ~J~c:my~-········~·~~~ Brief Scope: The contract allows for bulk mailing services on an as needed basis for the distribution of City ' L~et'!LQ:Y~SL.materials, suf:b~ .. ~ the MB Magazine ~and oth~I .. ~hJblic;ation~:.. .. ~-~~ ' Best Interest Justification: The City's Office of Communications recommends the renewal of the bulk mailing services contract utilized for the distribution of MB Magazine and other publications' large scale mailing projects. The City's key intended outcome of enhancing communications, which includes MB and other efforts, continues to result in improvements. The percentage of residents and businesses that feel they receive the right amount of information increased from 79% to 87% and 66% to 88% respectively since FY2008/09. The vendor has received satisfactory performance evaluations by the the Office of Communications. Pricing was established through a competitive process and remains as awarded, although the CPI-U has increased slightly during the contract term. Following the approval of the final renewal option, a competitive solicitation will be released for future service uirements. ' Contract Number· f'Renewal Period: ······~ ... ~-~ ····~-~, [Jl~.::§1:Q.~l0~9~~~~~·-·~···~~··~ .~ 2/9/2012 through 2/9/2014. ! Title: , Vehicle Rental/Lease Service for the City of Miami Beach Contractor: E · e Leasing Company Brief Scope: The contract provides the City with the option to rent vehicles on a monthly basis, on an as- l need~d basis. ! Best Interest Justification: The Police Department has reported satisfactory performance evaluations for this vendor. Additionally, this contract was established in February 2010 through a competitive process. , Since that time, the CPI-U has increased approximately 6%. Based on satisfactory performance I and competitive pricing, it is recommended that, in the best interest of the City, this contract be I renewed. ·~~~···~····~~~~~···············~~~~···-··~·-~- riod: I 6/24/2012 throu h 6/23/2014 I T1tle: [Parking Lots ... ~.!itL~Y Maintenanf:~~~~.~~-~····-········~·-~··~~·······~~-.. I Contractor: I Ent~r~rise Electrical ContractiQL~···· .. ···~·····~· ··~~~~~··········· fScope: e contract provides for the maintenance of parking lot lights at the various City-owned surface , parking lots, approximately 589 light fixtures. It includes maintenance and replacement of head I fixture~t.el:Jibs,.Jihoto c~lls •. wires.t~ll.d fuses. Tb.~.work inclus!~s bi-w~~~!y..1Jlght in!.e!Jction~.: ........... ~·· I Best Interest Justification: I The City's Parking Department funds the maintenance of all City owned parking lot light fixtures. 1 [ The Public Works Operations-Street Lighting Division administers the Parking Lots Utility , M~intenance COQ!r~ct with l~I!l~J2rise E.l~ptrical Co.!:ljracting. lnQEder to m?J.ntain COQ~istency .. · 100 City of Miami Beach-Commission Memorandum 14 Contract Renewals for Routine Operational Requirements ' the replacement and maintenance ~of approximately 589 light fixtures, the user departmenfl recommends the approval to exercise the renewal option through June 24, 2014. Despite I increases to the CPI-U for these services since contract commencement, pricing remains as ]1 · inall awarded. ~~"""~~~·~~~·~-~~~~~~-~~~~~~~~~~-~~~ ~~~~~~~"·~~~~·~· '"~~~·~ ~~~·~~~~~'"' ~~-~ !·contract Number: newal Period: 16/2013 thro!::Jgh 2/16/2014 ··········~~~~~~"·m··~' ITB-52-09/1 0 r·fitre·:""'~'·«<~·--="~-·'""·~~ """~~--=x~<-~-'·· ''" I Purchase AQSL!r:!~!~llation Of Fire §!~!ion Alerting~}'~t;;;;e~m;.;;;s~~~~ j Contractor: / Control Communications rBrietscop~e:·~ ···~~~~ l The contract was awarded for the purchase, installation and maintenance of alerting systems for the City's four (4) fire stations and one (1) dispatch system at the Police Department. The alerting system is the system that notifies the Fire Department units of a call for service that is being dispatched from the Public Safety Communications Unit (PSCU). It consists of alerting tones, bells, strobe lights and loud speakers throughout the four fire stations and the Fire Shop that activate when a call for service Best Interest The City's Fire Rescue Department is satisfied with the contractor's services related to the ongoing maintenance of the installed alerting system. Additionally, while the prices paid by the City remain as awarded, the CPI-U has increased 3.75% since contract inception. Based on the aforementioned and the contractor's good standing with the City, the Fire Rescue Department recommends, in the City's best interest, to approve the renewal term of the contract through 2014. Contract Number: ~·~~~·~~·~~~~~~-·~~ ... ~.m~~~~R~enewaTPe~n~'od~: ~~~ ITB-27 -09/1 0 6/24/2013 throu h 6/23/2014 Contractors: Paper Solution, Inc. (d/b/a Park Tek Solution) Print Media ~~~~~~ Brief Scope: The contract provides for the supply and delivery of multi-space parking pay station receipt paper, on an as needed basis, required by the Parking Department to service the City's pay-to- rk s stems. Best Interest ust!ftcatlon: The City's Parking Department is satisfied with the contractor's services, and has further stated that the use of any new product would have to be tested for a period of time to confirm that it can be used at the multi-space meters. Additionally, while the prices paid by the City remain as awarded, the CPI-U has increased 5.34% since contract inception. Based on the aforementioned the Parking Department recommends the renewal of the contract through 2014. 101 City of Miami Beach-Commission Memorandum IS Contract Renewals for Routine Operational Requirements iod: r~,::,:,:,,:::::_~~,:,=-~~-:_=-~~~-~,,~,~~~~~~~,~~~~~,~,~,,,,,,~~,,,~~~=~0=~~1:~ 3:::~~th~r()~ghJ{?/201~~ ~~,,~~~,~~,~~~~~~,,~~, Brief Scope: 1 The contract provides for the purchase, delivery and installation of sod as required by the City of 1 1 !Vliarl'!i Beach Pa.r~,~,,,,~!1d Recreati()!1~Department2!l an as needed basis for ld~,~Q!!~~ide:~, Best Interest Justification: The Parks and Recreation Department is satisfied with the contractor's services related to the ongoing maintenance of the installed alerting system. Additionally, while the prices paid by the I City remain as awarded, the CPI-U has increased 5.96% since contract inception. Based on the I aforementioned the Parks and Recreation Department recommends the renewal of the contract 1 i for one (1tY!3~L!b!!l,l!9!!~anu~!}'m§Lm2014:~ ~,,,~,~-~~,,~~,~~"' ~~~~~~~~~~~~~"''~ ' ewal Period:,, ,, '"~-~~~~~,~~~~~~~~,,~"~1 c::::/2:;,c7,~/=2=,~0,,1:, ,3~, ,t~h~r~ou~w~h.~1~"''2=,6=~:/,~20~1~4~~~~,~~~·,,~ 1 Installation of V~,b.!.£,1e Exhaust R~,rl'!oval Syst~rl'!~ Contractor: Safe Air Comoration Br!ef Scope: The contract provides for the purchase, installation and maintenance of vehicle exhaust removal systems within the City's Fire Department facilities. Best Interest Justification: Safe Air Corporation has installed the vehicle exhaust removal systems at the City's fire stations ! and, according to contract requirements, continues to maintain these systems. The City's Fire I Rescue Department is satisfied with the contractor's services. Additionally, while the prices paid by the City remain as awarded, the CPI-U has increased 4.26% since contract inception. Based on the aforementioned and the contractor's good standing with the City, the Fire Department recommends, in, t~e City's best if1~~E~!!, to ar22r()ye the ren~,'!Y~I term of t~e, contract. ,, ~~-~,~~ umber: Renewal Period: ' RFP-16-10/11 8/26/201£1broug~2014~~,,, ,,] , I nvesttg,~Ji9,t!J3ervices , ,,-~,~~"'" ~~,~~~~J Contractor: 1 Horizon lnv ons I Brief Scope: ~-~~,m~, "~~~~~~~~~~,,~ ~~~,~~,~ I Risk Management (Human Resources) utilizes investigative and adjusting services for selected 1 f ,,,,!ort liability claim~~,,§l~d worker~· compensatiE~ claims. , ,,~~,~,~~~,~~~~, ,~~~~,~, ~~~~,~,~ Best Interest Justification: I 1 Risk Management (Human Resources) has indicated satisfactory performance by the contract I I vendor. Additionally, CPI-U has increased 1.35% since contract inception in August 2011. ti 1 Based on the aforementioned the Risk Management Division recommends renewal of this I contract thEQ~gh August 25, 2014. ,,,,,,,,~ 102 City of Miami Beach-Commission Memorandum 16 Contract Renewals for Routine Operational Requirements Contract Number: Title: Contractor: ITB-34-08/09 To Provide Grounds Superior Landscaping & Lawn Maintenance Service For The Service Inc.; SFM Services, City Of Miami Beach Inc.; Everglades Causeways, Islands And Environmental Care, Inc. Other Locations Country Bills; and Elan Lawn Landscaping, Inc. Contract Number: Title: Contractor: ITB-35-09/1 0 Landscape Maintenance Superior Landscape & Lawn Services For Beachwalk, Service, Inc; ValleyCrest Boardwalk, Street Ends And Landscape Maintenance, Inc. Spoils Areas Citywide and Lukes-Sawgrass Landscape Contract Number: Title: Contractor: ITB-19-08/09 Grounds Maintenance Superior Landscaping & Lawn Services For South Pointe Service, Inc. Park Contract Number: Title: Contractor: ITB-57 -08/09 Grounds Maintenance SFM Services, Inc. Services For Parking Lots Citywide Contract Number: Title: Contractor: ITB-20-09/1 0 Grounds Maintenance Superior Landscaping & Lawn Services For North Services, Inc.; Southern Shore/Washington Avenue Landscaping Enterprises, Inc.; Areas SFM; Everglades Environmental Brief Scope: Citywide grounds maintenance service. Best Interest Justification: The Administration is anticipating the issuance of a Citywide solicitation in September 2013, to include all grounds maintenance sites. In order to continue service until such time as a replacement contract is awarded by the City Commission, it is recommended that these contracts be renewed on a month-to-month basis. CONCLUSION The Administration recommends that the Mayor and City Commission approve the extension of contracts for routine operational requirements, awarded through competitive solicitations, with the following vendors as applicable: ASE Telecom, IBM, A &B Bulk Mailers, Pride Enterprises, Arrowmail Presort Company, Enterprise Leasing Company, Enterprise Electrical Contracting, Control Communications, Paper Solution (d/b/a Park Tek Solution), Print Media, Sunset Sod, Safe Air Corporation, Horizon Investigations, Superior Landscaping & Lawn Service , SFM Services, Everglades Environmental Care, Country Bills, Elan Lawn Landscaping, ValleyCrest Landscape Maintenance, LukesSawgrass Landscape, and Southern Landscaping Enterprises; further authorizing the City Manager to consider and approve any subsequent renewal periods for which the referenced contractors may be eligible as deemed to be in the best interest of the City, co gent upon approved budgeted funds being available. JLM I T:\AGENDA\2013\July 17\Procurement\July Contract Renewal Memo.docx 103 THIS PAGE INTENTIONALLY LEFT BLANK 104 COMMISSION ITEM SUMMARY Condensed Title: I Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 183-2013, For City Hall Elevator Renovation. tended Outcome Su orted: well maintained facilities. Supporting Data (Surveys, Environmental Scan, etc.): Issue: I Shall the City Commission approve the award of Contract? Item Summary/Recommendation: The purpose of Invitation to Bid (ITB) No. 183-2013 was to establish a contract, by means of sealed bids, with a qualified vendor(s), for the complete modernization of one (1) service elevator at the Miami Beach City Hall, and three (3) passenger elevators at 7th Street Parking Garage. This award recommendation is pertaining to the City Hall elevator portion of the ITB only, as the 7th Street Parking Garage portion of the ITB was awarded on an emergency basis due to safety considerations of the status of the existing elevators at the 7th Street Parking Garage. Four (4) bids were received, in response to ITB 183-2013, from the following companies: Delaware Elevator of Florida, Inc.; Florida State Elevator, LLC; Oracle Elevator Company; ThyssenKrupp Elevator Corporation. Florida State Elevator was deemed non-responsive to comply with the licensure requirement. The low responsive, responsible bidder for both the City Hall and 7th Street Parking Garages is Oracle Elevator Company. Following the receipt of bids, on June 11, 2013, an emergency was declared by the City Manager to address unsafe conditions regarding the elevators at the 7th St. Parking Garage. Over time, progressive water intrusion damage to the structural elements of the elevator car caused extreme corrosion that resulted in a condition that made the elevator unsafe to remain in service. Consequently, the elevator had been shut-down by the City's elevator inspection section due to a hazardous condition that developed in the structural integrity of the elevator cab. See attached emergency approval request. As a result of the emergency, a Purchase Order for the 7th Street Garage portion of the ITB was issued to Oracle Elevator Company, the lowest responsive, responsible bidder. RECOMMENDATION: Based on the aforementioned and considering the work for the 7Th Street Parking Garage has been awarded under an emergency authorization, the Administration recommends that the Mayor and City Commission award a contract to Oracle Elevator Company, pursuant to Invitation to bid (ITB) No. 183-2013, for City Hall portion of the ITB in the amount of $149,915.00. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Funds: 1 $149,915 Capital Renewal and Replacement Account No. 125-6973- 000350 ~-2 3 OBPI Total $149,915 Financial Impact Summary: Clerk's Office Le islative Trackin er MIAMI BEACH 105 AGENDA tTEM {!.. ;;l. k_ DATE 1-/7-/5 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 Mem FROM: Jimmy L. Morales, City Manager DATE: July17,2013 SUBJECT: REQUEST FOR APPROVAL TO AWAR A CONTRACT TO ORACLE ELEVATOR COMPANY PURSUANT TO INVITATION TO BID (ITB) NO. 183-2013, FOR CITY HALL ELEVATOR RENOVATION. ADMINISTRATION RECOMMENDATION Approve the award of contracts. KEY INTENDED OUTCOME Ensure well maintained facilities. FUNDING The amount budgeted for the City Hall elevator renovation project was $208,137. Funding in the amount required will be provided from the following accounts: $149,915-Capital Renewal and Replacement Account No. 125-6973-000350 Additional funding, if required, will be subject to the review and approval of the Office of Budget and Performance Improvement (OBPI). ANALYSIS The purpose of Invitation to Bid (IT B) No. 183-2013 was to establish a contract, by means of sealed bids, with a qualified vendor( s ), for the complete modernization of one ( 1) service elevator at the Miami Beach City Hall, and three (3) passenger elevators at th Street Parking Garage, as specified herein. Following the modernization, bidder shall be responsible for the maintenance of the elevator during the warranty period. BID PROCESS Invitation to Bid (ITB) No. 183-2013, was issued on May 10, 2013 with a bid opening date of May 31, 2013. Six (6) addenda were issued to provide additional information and to respond to questions submitted by the prospective bidders, hence postponing the bid opening until June 5, 2013. Public Purchase issued bid notices to 31 prospective bidders, and a total of 28 companies downloaded the document. The notices resulted in the receipt of four ( 4) bids from the following companies: 1. Delaware Elevator of Florida, Inc. 2. Florida State Elevator, LLC 3. Oracle Elevator Company 4. ThyssenKrupp Elevator Corporation 106 ITB 183-2013-City Hall and fh Street Parking Garage Elevator Renovations July 17, 2013 Florida State Elevator was deemed non-responsive due to failure to meet the following minimum requirement: "Bidders must be a Registered Elevator Company with Department of Business and Professional Regulation (DBPR), Bureau of Elevator Safety, for a minimum of five (5) years': Florida State Elevator licensure date with DBPR was only effective as of March 9, 2011. Th t bl b I h e a e eow s ows th It f th e resu so b "tt db e pnces su m1 e ;y respons1ve b"dd I ers: Company Name City Hall I 7th Street Garage Total i no""'"·are Elevator I $ 166,599.00 "' ?65,520.00 i $432 119.00 nr~rlo l=lo· ator I $ 149,915.00 $ 149,890.00 I $ 299,805.00 ThyssenKrupp l $ 178,4 7 4.00 ~ 181,603.00 $ 360,077.00 Award is being recommended to Oracle Elevator Company, the lowest bidder for both locations. Oracle Elevator has been in business since 2004. Oracle is one of the City's elevator maintenance contractors. Their performance during the last five years in maintaining their contracted elevators has been satisfactory. Following the opening of bids received, an emergency was declared by the City Manager on June 11, 2013,, to address unsafe conditions on one of the elevators at the 71h St. Parking Garage. Over time, progressive water intrusion damage to the structural elements of the elevator car caused extreme corrosion that resulted in a condition that made the elevator unsafe to remain in service. Consequently, the elevator had been shut-down by the City's elevator inspection section due to a hazardous condition that developed in the structural integrity of the elevator cab. See attached emergency approval request. As a result of the emergency, a Purchase Order was issued to Oracle Elevator, the lowest bidder. According to Section 2-369 of the City Code, the emergency shall be reported at the next regular meeting of the City Commission when supplies or services exceed $25,000. CONCLUSION: Based on the aforementioned and considering the work for the 7Th Street Parking Garage has been awarded under an emergency authorization, the Administration recommends that the Mayor and City Commission award a contract to Oracle Elevator Company, pursuant to Invitation to bid (ITB) No. 183-2013, for City Hall portion of the ITB in the amount of $149,915.00. T:\AGENDA\2013\July 17\Procurement\ITB 183-2013 City Hall and 7th Street Garage Elevators Renovation MEMO.doc 107 THIS PAGE INTENTIONALLY LEFT BLANK 108 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: July 17, 2013 SUBJECT: REFERRAL TO FINAN E AND CITY-WIDE PROJECTS COMMITTEE (FCWPC}-A DISCUSSION ON INCREASING THE LIVING WAGE RATE IN ACCORDANCE WITH THE OPTIONS PURSUANT TO ORDINANCE 2010- 3682. ADMINISTRATION RECOMMENDATION Refer the item to the Finance and Citywide Projects Committee for discussion. BACKGROUND At its June 9, 2010 meeting, the Mayor and City Commission passed and adopted Ordinance No. 2010-3682, which amended the City's Living Wage Ordinance, Sections 2-407 thru 2-410 of the Miami Beach City Code, to include increases to the hourly living wage rates based on the following three (3) year phase-in approach: • Commencing with City fiscal year 2010-11 (October 1, 201 0), the hourly living wage rate was increased to $1 0.16/hr. with health benefits of at least $1.25/hr, and $11.41/hr without benefits; • Commencing with City fiscal year 2011-12 (October 1, 2011 ), the hourly living wage rate was increased $10. 72/hr with health benefits of at least $1.45/hr, and $12.17 /hr without benefits; and • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate was increased to $11.28/hr with health benefits of at least $1.64/hr, and $12.92/hr without benefits. Consequently, the City is currently exercising its final year of the three-year phase-in approach to living wage increases. The aforementioned ordinance stipulates the options for annual considerations to index (increase) the current living wage rate, including indexing for inflation using the local area Consumer Price Index for Urban Consumers (CPI-U), issued by the U.S. Department of Labor's Bureau of Labor Statistics. The City Commission may also elect not to index the living wage rate in any particular year if it determines that doing so would not be fiscally sound. CONCLUSION The Administration recommends that the Mayor and City Commission refer this item to the Finance and Citywide Projects Committee for a discussion and recommendation on any increase to the living wage rate in accordance with the options pursuant to Ordinance 2010-3682. JLM/KGB/AD/CD T:\AGENDA\2013\July 17\Procurement\Referral to Finance-Living Wage-Memo.docx 110 Agenda Item C. Y A Date 7-/7-13 THIS PAGE INTENTIONALLY LEFT BLANK 111 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Honorable Mayor and Members FROM: Jimmy L. Morales City Manager ..a ...... -~~~- DATE: July 17, 2013 SUBJECT: REFERRAL TO FINANCE AN CITY-WIDE PROJECTS COMMITTEE (FCWPC) -A DISCUSSION ON THE REVIEW AND RECOMMEDATIONS FOR IMPROVING THE CITY'S PROCUREMENT CODE COMPLETED BY THE NATIONAL INSTITUTE FOR PUBLIC PROCUREMENT (NIGP). ADMINISTRATION RECOMMENDATION Refer the item to the Finance and Citywide Projects Committee for discussion. KEY INTENDED OUTCOME Make City more business-friendly. Maximize efficient delivery of services. Promote transparency of City operations. Strengthen internal controls. BACKGROUND The acquisition of goods and services by City departments is primarily governed through the City of Miami Beach Code, Chapter 2, Administration, Article VI, Procurement. Many of the sections of the City's requirements related to the acquisition of goods and services have not been reviewed or revised for many years. In an effort to assure that the City is engaged in acquisition activities that are based on sound business practices, the Administration has engaged the expertise of the consulting arm of the National Institute for Governmental Purchasing (NIGP) to complete a full review of all Procurement requirements. The goals of the review are: • to review ordinances, statutes, policies and procedures to ensure consistency with statutory requirements and public procurement best practices; • to determine regulatory constraints that impede efficiencies, including creating a competitive and business- friendly environment; • to compare City requirements against the recommendations of the American Bar Association (ABA) Model Procurement Code, intended to promote transparency, fairness, and competitiveness in public procurement; • to complete a benchmarking analysis against similar public agencies locally and nationally. The NIGP review will result in a report which outlines the results of the review and will include recommendations, as deemed prudent by NIGP, for making improvements to the City's regulations for the acquisition of goods and services. CONCLUSION It is recommended that the City Commission approve the request to refer a discussion on the review and recommendations for improving the City's procurement code completed by the National Institute for Public Procurement (NIGP), upon completion of the review and recommendations report, to the Finance and City-wide Projects Committee. T:\AGENDA\2013\July 17\Procurement\NIGP Procurement Code Review Referral-Memo.docx 112 Agenda Item C 'I B Date 7-17-13 THIS PAGE INTENTIONALLY LEFT BLANK 113 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and FROM: Jimmy L. Morales, City Manag DATE: July17,2013 SUBJECT: REFERRAL TO THE FINA E & CITYWIDE PROJECTS COMMITTEE ~ PROPOSED COMPREHENSIVE RECORDS MANAGEMENT PLAN. ADMINISTRATION RECOMMENDATION Refer the item. BACKGROUND In recognition of the need for a Comprehensive Records Management Plan, and desiring an independent review of existing procedures, the City retained the services of Steve M. Lewis, President of SML, Inc. Mr. Lewis has developed a Plan that consists of: 1) Citywide Records Management Policies and Procedures; and 2) Guidelines for Information Technology Infrastructure. The proposed Plan ensures that all records, including digital and electronic (e- mail) communications, are retained and disposed in accordance with the applicable retention schedules. Prior to the presentation to the Commission as a whole, the Administration seeks to present the proposed Plan to the Finance & Citywide Projects Committee, to allow the members an opportunity to present questions and suggestions for modification to the consultant, to address specific City needs, staffing standards and/or resources. JLM/PW/REG T\AG~013U,Iy 17\Rooo"'' Maoogomoot Roferral to F&CWP .doc 114 Agenda Item G tf C.. Date 7-17-13 THIS PAGE INTENTIONALLY LEFT BLANK 115 COMMISSION MEMORANDUM FROM: Mayor Matti Herrera-Bower and M mbers of/r.e City Commission Jimmy L. Morales, City Manager ~ TO: DATE: July 17, 2013 SUBJECT: REFERRAL TO THE FINANC AND ITYWIDE PROJECTS COMMITTEE - DISCUSSION REGARDING LKER PARKING TO CONDUCT A PARKING SUPPLY AND DEMAND ANA~ SIS ADMINISTRATION RECOMMENDATION Refer the item to the Finance and Citywide Projects Committee Meeting. BACKGROUND On June 5, 2013, the Mayor and Commission directed the Administration to conduct a parking supply and demand analysis, as a result of the discussion held during Agenda Item No. R5D, "Alton Road Parking District No. 6. Walker Parking conducted a parking supply and demand analysis in 2004 with annual projections through 2013. The Administration provided Walker Parking with a scope of services, geographic boundaries for study areas (phased), and deliverables. Walker Parking has submitted a proposal and the Administration is seeking direction from the Finance and Citywide Projects Committee regarding cost benefit; competitive bidding (waiver required for an award to Walker to update the report); and proposed cost. 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 f her direction. IS~ T:\AGENDA\2013\July17\Referral to FCWPC Walker Parking Supply Demand Study.docx 116 Agenda Item C.. c..; D Date 1-17-13 THIS PAGE INTENTIONALLY LEFT BLANK 117 ~ 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: July 17, 2013 SUBJECT: REFERRAL TO THE LAND USE A D DEVELOPMENT COMMITTEE - BOAT DOCKS AND MARINE STRUCTURES ORDINANCE ADMINISTRATION RECOMMENDATION Refer the Ordinance Amendment to the Land Use and Development Committee for consideration and recommendation. BACKGROUND/ANALYSIS On December 181h, 2012, the Planning Board voted to move forward, as the applicant, with an Ordinance Amendment proposing to remove boat dock/marine structures applications from the purview of the Planning Board. The proposed Ordinance was referred to the Planning Board by the Land Use and Development Committee on December 191h, 2012. On May 281h, 2013 the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the proposed Ordinance Amendment to the Land Use and Development Committee for consideration and recommendation. JLM~/RGL!TRM T:\AGENDA\2013\July 17\Referral to LUDC-Marine Structures Ordinance.docx 118 Agenda Item C 'IE Date 7-17-11 THIS PAGE INTENTIONALLY LEFT BLANK 119 it\ 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: July 17, 2013 SUBJECT: REFERRAL TO THE PLANNING 8 RD - ORDINANCE AMENDMENT INCENTIVIZING THE RETENTION OF ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY HOMES BUll T PRIOR TO 1942 ADMINISTRATION RECOMMENDATION Refer the Ordinance Amendment to the Planning Board for consideration and recommendation. BACKGROUND/ANALYSIS On December 12, 2012, the City Commission referred a discussion item to the Land Use and Development Committee, pertaining to amendments that would create additional protections from total demolition of architecturally significant single family homes. On February 13, 2013, the Land Use Committee discussed this matter and concluded that an incentive based approach for retaining architecturally significant single family homes would be the best approach, and directed staff to come back to the committee with an Ordinance. On June 12, 2013, the Land Use Committee referred the subject Ordinance to the Planning Board. The subject Ordinance proposes tangible incentives for the retention of existing Architecturally Significant single family homes. Additionally, the Ordinance provides for procedures and requirements that will allow replacement construction to be substantially more compatible with the surrounding context of an existing property in terms of scale, massing and overall size, thus better addressing the original, lower scale context of single family architecture on Miami Beach. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the proposed Amendment to the Planning Board for consideration and recommendation. JLM T:\AGENDA\2013\July 17\Referral to Planning Board-Pre 1942 SF Incentive Ordinance.docx 120 Agenda Item C lf F Date 7-/7-1? ::P THIS PAGE INTENTIONALLY LEFT BLANK 121 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM FROM: Jimmy L. Morales, City Manager DATE: July 17, 2013 SUBJECT: REFERRAL TO THE PLANNING 80 RD- AN ORDINANCE AMENDMENT ADDING ST. PATRICKS CHURCH TO THE 40TH STREET RELIGIOUS INSTITUTION OVERLAY DISTRICT ADMINISTRATION RECOMMENDATION Refer an Ordinance Amendment to the Planning Board for consideration and recommendation. BACKGROUND/ANALYSIS On June 12, 2013 the Land Use and Development Committee discussed and referred an Ordinance Amendment to the Planning Board, which would add St. Patrick's Church to the 401h Street Religious Institution Overlay District. This Ordinance is intended to permit ancillary institutional uses for St. Patrick's church in those properties directly adjacent to the church and currently owned by the archdiocese. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the proposed Ordinance Amendment to the Planning Board for consideration and recommendation. GL/TRM T:\AGENDA\2013\July 17\Referral to Planning Board-St. Patricks Religous Overlay Ordinance.docx 122 Agenda Item CY'G- Date 7-1 7~(3 THIS PAGE INTENTIONALLY LEFT BLANK 123 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: June 12, 2013 Re: PARKING Please place on the City Commission Agenda for July 17, 2013, a referral to the next Parking and Transportation Committee and the next Neighborhood/Community Affairs Committee a comprehensive discussion of parking in the City of Miami Beach. Mobility continues to be a weak point in our City. According to our most recent City-wide satisfaction Survey, only 23% of residents and 34%of business owners' rate traffic flow on Miami Beach as excellent or good. This is a decrease in satisfaction from the last survey on 2008/09. A major cause of congestion on Miami Beach stems from the perceived and real lack of available parking. This City Commission has been asked to consider several changes to our parking ordinances, through the creation of new zones and the reductions of parking requirements. These changes have been done independently of any comprehensive reevaluation of the current parking supply and utilization, and without any regard to the future development of our City and those impacts on the transportation network. While it may be time to look at our parking polices in light of changing demographics, car ownership, and concerns for our environment, to do so in a piecemeal fashion, without a comprehensive look at the effects of our actions outside of the zones the parking polices address is shortsighted. Further, the stated objective of these recently proposed changes have all been to incentivize development. I believe that Miami Beach does not need to incentivize development and any future adjustments to our parking policies should be with the intent of increasing the availability, distribution, and utilization of our entire, integrated transportation network. And I believe 63% of our residents would agree with me, as they rate that parking availability throughout the City as not right. A holistic approach to parking and transportation is needed in our City. To help me and the rest of my Commissioners understand the issues completely to allow us to be better equipped to formulate good policies that will drive our intended outcomes, I pose the following questions in light of observations I have made as a long-time resident navigating the streets of Miami Beach, often in search of a place to park my car: 124 Agenda Item C 'I If Date 7-17-13 I would like to know, garage by garage, lot by lot, the total number of spaces, and the number of spaces in each facility that is available for monthly parking decals, the number of monthly parkers that are in each facility and the number of people on waiting lists for monthly parking decals at each location. I also would like to know the valet usage in each garage and lot. I would like to know peak times for parking consumption by facility and the distribution of those peak times by user: either monthly or transient. I would like to know the hours and days of operation for each facility. I have noticed that the P lot is often locked. This high-capacity facility is located in our City Center where parking is always scarce. I would like a map of each residential parking zone we have established; the estimated number of available spaces in each zone; the hours of the restrictions; the number of people who have decals in each zone and the number of households in each zone. I would like to know what developments have been submitted for approval, or are being discussed with the Planning Department, that take advantage of the new Parking District Number 5 and the date the ordinance creating that zone sunsets. As we evaluate the creation of Parking District Number 6, I think it would be important to know what the parking requirement for the current retail environment is at the Fifth and Alton Shops; what the future requirement would be if all the available retail space was occupied; and how the Planning Department coordinated with the Parking Department to determine the usage of the spaces they deemed to be "underutilized" in the creation of the proposed Parking District Number 6 and how those spaces would be partitioned to serve developments that take advantage of the parking reductions. In addition, I would like to learn how the provisions in the development agreement between the City and Berkowitz/Eden would support the long-term assignment of spaces in the facility as a way to meet the parking requirement of adjacent developments. Should you have any questions, please contact Gabrielle Redfern at Extension 6157. Thank you. MHB/fgr 125 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: June 28, 2013 Re: Referral to Land Use and Development Committee Please place on the July 1ih, 2013 City Commission Agenda a referral to the next Land Use and Development Committee Meeting an ordinance that would require that all easement, alley and/or right of way vacation requests be approved by the City Commission before the project in question is heard before any of the City's Land Use Boards. I thank you in advance for your attention to this matter. Should you have any questions, please contact Gabrielle Redfern at extension 6157. MHB/ fgr 126 Agenda Item c, <f I Date ?-17-1 3 THIS PAGE INTENTIONALLY LEFT BLANK 127 ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, Manager FROM: Michael Gongora, Commissioner DATE: July 8, 2013 SUBJECT: Referral Item for July 17 Commission Meeting Please place on the July 17 Commission meeting consent agenda a referral to the Land Use Committee for discussion concerning the motion attached. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 128 Agenda Item C Cf J Date 7-17-13 TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: GLBT Business Enhancement Committee DATE: May 9, 2013 SUBJECT: Extended Hour for Four Event Weekend Dear Mayor and Honorable City Commission: In an effort to show the city's support of its Lesbian, Gay, Bisexual, Transgender (LGBT) residents and further extend its position as a welcoming premier gay destination, our Business Enhancement Committee kindly recommends that you support a request to develop a year's calendar of events to be granted extended hours of operation for four event weekends. The event weekends that will be impacted by this benefit are White Party, Winter Party Festival, Miami Beach Gay Pride and Aqua Girl. Your support for the extension of bar hours will let certain businesses and events increase not just their profits but also contribute to our city's image as a place where the LGBT community is celebrated and always welcomed. Thank you for your consideration of this proposal. 129 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, Manager FROM: Michael Gongora, Commissioner DATE: July 8, 2013 SUBJECT: R~ferral Item for July 17 Commission Meeting As a result of resident's concerns of noise reductions addressed at the South of Fifth community meeting and meeting with Dr. Morris Sunshine, please place on the July 17 Commission meeting consent agenda a referral to the Land Use Committee for discussion concerning retractable roofs on outdoor cafes. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 130 Agenda Item C. lf I( Date 7-/7-G THIS PAGE INTENTIONALLY LEFT BLANK 131 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: July 9, 2013 Re: Referral to Planning Board Please place on the July 17, 2013 agenda of the Miami Beach City Commission a referral to the next Planning Board meeting an ordinance amendment that places a six-month {6) moratorium limited to the issuance of orders or permits for the substantial or total demolition of architecturally significant single-family homes. I believe this moratorium is important to allow for the review of current and proposed ordinances that would protect against demolition of our historic single family home neighborhoods, while allowing time for further incentive programs to be developed in order to preserve more of our existing housing stock. Should you have any questions, please contact Gabrielle Redfern at extension 6157. Thank you. MHB/ fgr 132 Agenda Item C l.f L Date 7-17-13 THIS PAGE INTENTIONALLY LEFT BLANK 133 ('") 0') ~ 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 City Commission FROM: Jimmy L. Morales, City Manager DATE: July 11 2013 SUBJECT: REPORT OF THE NEIGHBORH CD/COMMUNITY AFFAIRS COMMITTEE HELD ON MONDAY MAY 20,2013. A meeting of the Neighborhood/Community Affairs Committee was held on Monday, May 20, 2013 at 3:00 pm, and was held in the City Manager's Large Conference Room, 41h Floor. Commissioners in attendance: Commissioners Ed Tobin and Jerry Libbin, Matti Herrera- Bower, Members from the Administration and the public were also in attendance. Please see the attached sign-in sheet. THE MEETING OPENED AT 3:24 PM. 1. Referral To The Neighborhood/Community Affairs Committee A Discussion Regarding The City Of Miami Beach Centennial, Which Will Occur On March 26, 2015. (4:35PM). Max Sklar presented the item. Several items to be considered were presented to the Commissioners, stating that time is of the essence and planning efforts need to be underway in order to raise funds and plan all the events. Commissioner Libbin, stated that we should have somebody, a power figure in the community to bring people to the table and be able to organize an event. Commissioner Libbin made a motion to recommend the appointment of a committee, the Chair appointed by the Mayor and send it to the June Commission Meeting to appoint committee members. Motion was seconded by Commissioner Tobin. Mayor Bower stated that there are a number of organization and events in the community that are available to be part of or enhance our Centennial efforts. ACTION: The Committee (Commissioner Tobin and Libbin present) unanimously moved the motion. 2. Discussion Regarding Proposed Amendments To City Code Chapter 38 Regarding "Elections." (4:45PM) Jose Smith, City Attorney stated before item was presented, that because the State has changed the law on election procedures, the City will be required to change City code to be in compliance with the State; and there is also a petition that candidates file when they decided they want to run by petition, there is a referendum petition on the charter and the City is trying to conform to code to inform people. Deborah Turner presented the item. 135 Agenda Item C. G. A Date 7-17-! 3 City Commission Memorandum June 5, 2013 Report of the Neighborhoods/Community Affairs Committee of May 20, 2013 Page 2 of 5 Commissioner Libbin made the motion to move the item. Motion was seconded by Commissioner Tobin. ACTION: The Committee (Commissioner Tobin and Libbin present) unanimously moved the motion. 3. Discussion Involving Citywide Lighting Conditions.(4:47PM) Eric Carpenter, Public Works Director presented the item. Commissioner Tobin suggested administration identify some kind of Policy to have somebody to go around the City to identify and locate areas that are in need of lighting, since there are several streets that are definitely dark. Jorge Gomez, Assistant City Manager spoke in regards to the lack of lights around South Point to 3rd street. Commissioner Libbin made the motion to move forward with the item. Motion was seconded by Commissioner Tobin. ACTION: The Committee (Commissioner Tobin and Libbin present) unanimously moved the motion. 4. Discussion Regarding 1) Amendments To Land Development Regulations Sections 142-109, 142-905 And 142-1111. 2) The Amendments Shall Prohibit, And Set Forth The Appropriate Penalties, For Individuals And/Or Entities That Advertise The Transient Occupancy (Short-Term Rental) Of Those Properties Which Are Located Within A Single Family Or A Multi-Family Zoning District, As Specifically Delineated In Sections 142-905 And 142-1111. 3) The Amendment To Section 142-109 Shall Prohibit The Advertisement Of Those Single Family Residential Properties For The Purpose Of Allowing The Commercial Use Of The Premises, And The Advertisement Of Those Events, Gatherings Or Promotions At The Single Family Residential Property, Consistent With The Prohibitions Set Forth Within Section 142-109. (4:25PM) Stephen Scott, Building Department Director presented the item. Commissioner Tobin made the motion to move the item to the July Commission Meeting. Motion was seconded by Commissioner Libbin. ACTION: The Committee (Commissioner Tobin and Libbin present) unanimously moved the motion. 5. Discussion Regarding A Proposed Public Art Project For Placement In South Pointe Park Pier.(4:27PM) Max Sklar presented the item. Megan Riley, chair of Art in Public Places (AiPP) spoke. Mayor Matti Herrera-Bower spoke. 136 City Commission Memorandum June 5, 2013 Report of the Neighborhoods/Community Affairs Committee of May 20, 2013 Page 3 of 5 Commissioner Libbin made the motion to move the item with a recommendation to the July Commission Meeting. Motion was seconded by Commissioner Tobin. ACTION: The Committee (Commissioner Tobin and Libbin present) unanimously moved the motion. 6. Discussion Regarding Possible Amendments To Chapter 70 Article Ill (Section 70- 122-129), "Graffiti Ordinance." Robert Santos-Aiborna, Code Compliance Division Director presented the item. Mark Overton, Assistant Police Chief added, that one of the main components of adopting this item is that it allows the City to go on to private properties where graffiti is visible from the street view and paint over graffiti immediately. Studies show that when graffiti is painted off within 24 hours, it has a significant impact preventing future incidents. Mayor Bower suggested that we contact the impacted property owners prior to painting over graffiti to request extra paint in order to color match with current paint. Commissioner Tobin suggested that the Chief identify families in the North Beach to get the kids involved in this effort. Commissioner Libbin made the motion to recommend administration to work with Police Department to use Law Enforcement Trust Fund, and contract Teen Job Corp to paint over graffiti. Motion was seconded by Commissioner Tobin. ACTION: The Committee (Commissioner Tobin and Libbin present) unanimously moved the motion. 7. Discussion Regarding Bicyclist Safety Campaign With The Miami Beach Police Department, Deco Bikes And Local Bicycle Rental Companies. ACTION: Item was deferred. 8. Discussion Regarding The Restoration Of Monument Island ACTION: Item was deferred. 9. Status Update For The Beach Walk From Sunrise Plaza To Fifth Street. (3:24PM) Eric Carpenter, Public Works Director presented the item, stating that the biding closing date will be May 24, 2013, not May 14, 2013 as stated on the Agenda. Commissioner Libbin, was pleased with the progress on the item and directed to move forward with the project. ACTION: No action was taken. 10. Discussion Regarding Status Of The Naming Of The Tennis Center At Flamingo Park. 137 City Commission Memorandum June 5, 2013 Report of the Neighborhoods/Community Affairs Committee of May 20, 2013 Page 4 of 5 Jose Smith, City Attorney, stated for the record that because of the relationship of his wife and Mr. Holtz's wife, that he would recuse himself from this item and allows Raul Aguila to handle this item. Raul Aguila presented the item. Several members of the public spoke: Abel Holtz Luis Garcia Paul Cejas Andrew Mermelle Cliff Schulman Howard Kauffman Stephan Zackar Mayor Matti Bower spoke, she stated that she wanted the citizens to have a place to come and express their feelings regarding this item. Commissioner Libbin stated that he was not supportive of changing the name of the Tennis Center at Flamingo Park. Commissioner Tobin agreed with Commissioner Libbin. Commissioner Libbin made the motion to move forward to the June Commission meeting, with recommendation to keep the name as per with the agreement, "Flamingo Park/Holtz Tennis Center." Commissioner Tobin seconded the motion. ACTION: The Committee (Commissioner Tobin and Libbin present) unanimously moved the motion. EMERGENCY ITEM Discussion the FOOT Alton Road Project Between 6th and Michigan. (5:00PM) Commissioner Tobin presented the item. Tammy Tibbles from Alton Road Reconstruction Coalition spoke. Jorge Gomez reminded the committee of what was previously accepted by the Commission, FOOT agreed to let the City build bicycles lanes on West Avenue, and the relocation of the pump stations. The Commission did not want to move the curb lines to ensure the possibility for future mass transit connectivity opportunities. Commissioner Tobin suggested to have administration to take a look at a best case scenario plan and bring item back to June Commission meeting with a time certain after 5:00p.m. Commissioner Libbin made the motion, to move with Commissioner Tobin suggestion. Motion was seconded by Commissioner Tobin. ACTION: The Committee (Commissioner Tobin and Libbin present) unanimously moved the motion. 138 City Commission Memorandum June 5, 2013 Report of the Neighborhoods/Community Affairs Committee of May 20, 2013 Page 5 of 5 THE MEETING ADJOURNED AT 5:34 PM. JLM/KGB/BH/jen 139 ~ f ·~: }- -..) -~ ~ ~ .'"<::,'"""' ~ ~ 140 ~ ~ ~ ' 1 ~; PLEASE PRINT LEGIBLY ~ NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE May 20,2013 SIGN-IN SHEET PHONE NO. ~~ cez;o EMAIL ~<:;;.~.c-~ lc:_A<:L ~ ' -,... ~r • f ..... C'f o~J 11 , ~ .S:....rJ\'O.s-·'Ar-U'SOe..P-A-~.e: Co08 r~ctC...o~,-._..(,e~ f\ . .61:> 'I ·-----· ~·==~~. '''''~~~¥¥~•,< '¥> -"" ... ~"v ~ ~ f\) m .~ PLEASE PRINT LEGIBLY NAME NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE May 20,2013 SIGN-IN SHEET ORGANIZATION I DEPT. I PHONE NO. 'JJr'fol~ OW?U£ I b/~7 eM8-t?oD£ o-1!-At~C«fd? ""'"' -~,.__,.-~ __ .,.._, EMAIL lD 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: July 17, 2013 SUBJECT: REPORT OF THE JUNE 12, 013 LAND USE AND DEVELOPMENT COMMITTEE MEETING A Land Use and Development Committee meeting was held on June 12, 2013. Commission Members in attendance were Commissioners Michael Gongora and Jonah Wolfson. Members from the Administration, including Jorge Gomez, Joe Jimenez, Mark Taxis, Richard Lorber, Tom Mooney & Gary Held, as well as members of public, were also in attendance. Please see the attached sign-in sheet. The meeting was called to order at 3:48 pm. 1. DISCUSSION REGARDING THE FOOT ALTON ROAD PROJECT AND THE ALTON ROAD RECONSTRUCTION COALITION (AARC). (REFERRED BY COMMISSION GONGORA JUNE 5, 2013 CITY COMMISSION MEETING, ITEM R9G) (VERBAL REPORT) AFTER-ACTION: Eric Carpenter introduced the matter and discussed the meeting held with FDOT earlier this morning. FDOT staff will take two weeks to explore possible changes to the Alton Road plans. There was discussion about the drainage system and the layout of the roadway. The drainage design is complete and it is not reasonable to redesign the project at this time. There is a possibility to widen the median and slightly narrow the travel lanes. Members of the public spoke, including Paul Jonas and Dennis Russ. 2. REDUCED PARKING RATES FOR HOTEL EMPLOYEES. (DEFERRED FROM THE APRIL 23, 2013 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON, OCTOBER 19. 2011 CITY COMMISSION MEETING, ITEM C4K) AFTER-ACTION: DEFERRED 3. 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 143 Agenda Item C (,B Date 7-17-13 City Commission Memorandum Report of Land Use & Development Committee Meeting of June 12, 2013 Page 2 of5 ADOPTING THE COUNTY REQUIREMENT OF 1500 FEET. (DEFERRED FROM THE APRIL 23, 2013 LUDC MEETING ORIGINALLY REFERRED BY COMMISSIONER JORGE R. EXPOSITO OCTOBER 19,2011 CITY COMMISSION MEETING, ITEM C4L) AFTER-ACTION: DEFERRED 4. REVIEW OF MIAMI BEACH LAND USE BOARDS TO IMPROVE THE CITY OF MIAMI BEACH BUILDING AND PLANNING DEPARTMENT PROCESSES. (DEFERRED FROM THE APRIL 23,2013 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER MICHAEL GONGORA MARCH 21.2012 CITY COMMISSION MEETING, ITEM C4M) AFTER-ACTION: DEFERRED 5. DISCUSSION REGARDING FOOD TRUCKS ON PRIVATE PROPERTY. (RETURNING FROM THE APRIL 23,2013 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON SEPTEMBER 12,2012 CITY COMMISSION MEETING, ITEM C4K) AFTER-ACTION: DEFERRED 6. DISCUSSION PERTAINING TO "SMARTER MATERIALS FOR NEXT GENERATION INFRASTRUCTURE," SUCH AS ELIMINATING THE DISPOSAL OF TIRES IN GLOBAL LANDFILLS AND INCINERATORS. (DEFERRED FROM THE APRIL 23,2013 LUDC MEETING ORIGINALLY REFERRED BY COMMISSIONER MICHAEL GONGORA DECEMBER 12,2012 CITY COMMISSION MEETING, ITEM C4M) AFTER-ACTION: DEFERRED 7. DISCUSSION REGARDING AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS THAT WILL CREATE PROTECTION FROM TOTAL DEMOLITION OF ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY HOMES BUll T PRIOR TO 1942. (RETURNING FROM THE FEBRUARY 13,2013 LUDC MEETING ORIGINALLY REQUESTED BY MAYOR MATTI HERRERA BOWER AND CITY COMMISSION DECEMBER 12.2012 CITY COMMISSION MEETING, ITEM C4P) AFTER-ACTION: Richard Lorber provided an overview of the proposed Ordinance. Commissioner Wolfson commented on the following: • Supports the voluntary recognition of pre-1966 homes, but suggests that the actual process be clarified. • Supports efforts to incentivize retention of architecturally significant homes. • Suggests that the Emergency Demolition Order condition be modified so as to not include intentional demolition. 144 City Commission Memorandum Report of Land Use & Development Committee Meeting of June 12, 2013 Page 3of5 • Suggests further clarifying 1 story limits The following members of the public spoke: Emmanuel Sebag: • Expressed a concern with FEMA impacts on overall height, as the proposal could limit 2nd floors. Expressed a concern with contextual zoning requirements and that if a lot is flanked by 2 one story houses, it could be problematic. Application of laws affects a number of homes and more residents should be notified. Todd Glazer: • Concern with FEMA changes and continued increases in minimum flood requirements. Impact of height significant on floor vqlumes. Charlie Urstadt: · · • Indicates that the big picture must be looked at. Small, limited exceptions can go through a process, but the larger general character cannot be overlooked. Gary Appell: • Incentives should extend to designated homes Judy Hershkowitz: .························ • Standards for new construction shd.uld be more cohesive. Francine Lehan: • Expressed concern with oversized homes, character of Miami Beach and impact of new homes on established character. Michael Larkin: • Expressed a concern with the lack of meetings and communication on the issue. Submits comparison of 2004 and 2006 SF Ordinance requirements. Concern with elimination of DRB ability to increase lot coverage. Peter Luria: • Discussed the need for balance between property rights and preservation. Concern with impact on value of properties. Jeanette Varela: • Supports preservation and has a concern with stability of new homes going up quickly. Kent.Robbins: • Speaking on behalf of MDPL. Need to preserve value of neighborhoods. One of the factors of quality of life in neighborhoods is scale. Comm. Wolfson indicates that he is supportive of the Ordinance as it encourages small scale houses, and it is voluntary for homes built between 1942 and 1966. Comm. Gongora: Expressed a need for public workshops and outreach MOTION: Gongora I Wolfson (2-0) Refer the proposal to the Planning Board. Also, expand public outreach through public workshop meetings. 8. DISCUSSION REGARDING THE PROPOSED ORDINANCE "REVISING THE YEAR OF REVIEW FOR ARCHITECTURAL SIGNIFICANCE OF SINGLE FAMILY HOMES FROM THE CURRENT 1942 TO THE YEAR 1966, AND BY MODIFYING THE PROCEDURES FOR THE REVIEW AND APPROVAL OF DEMOLITION REQUESTS FOR SINGLE FAMILY HOMES DETERMINED TO BE ARCHITECTURALLY SIGNIFICANT AND NOT LOCATED WITHIN A DESIGNATED HISTORIC DISTRICT". (REFERRED BY COMMISSIONER JONAH WOLFSON 145 City Commission Memorandum Report of Land Use & Development Committee Meeting of June 12, 2013 Page 4 of5 MARCH 13,2013, CITY COMMISSION MEETING, ITEM R9H) AFTER-ACTION: Richard Lorber provided an overview of the legislation. Commissioner Wolfson explained his opposition to this concept. Commissioner Gongora expressed his desire for a survey of homes to be completed, in order to better gauge the impact of the Ordinance on Single Family homes. Jorge Gomez pointed out that additional resources would be needed to conduct a survey. Members of the public, including Arthur Marcus spoke. MOTION: Gongora I Wolfson (2-0) Refer the proposed Ordinance to the Finance and City Wide Projects Committee. 9. DISCUSSION CONCERNING A PROPOSED AMENDMENT OF THE CHARTER TO PROHIBIT THE INVOLUNTARY DESIGNATION OF SINGLE-FAMILY RESIDENCES AS INDIVIDUAL HISTORIC SITES, HEREINAFTER REFERRED TO AS THE MIAMI BEACH HOMEOWNER PROTECTION ACT. (RETURNING FROM THE FEBRUARY 13, 2013 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON JANUARY 16,2013, CITY COMMISSION MEETING, ITEM C41) AFTER-ACTION: No Action Taken. 10. DISCUSSION REGARDING A RESOLUTION PURSUANT TO CITY CODE SECTION 118-591 DECLINING TO PURSUE THE PROPOSED DESIGNATION OF 42 STAR ISLAND DRIVE AS A HISTORIC SITE. (REFERRED BY CITY COMMISSION MAY 8, 2013 CITY COMMISSION MEETING, ITEM R9G) AFTER-ACTION: Daniel Giraldo, a member of the public, spoke and indicated that owner consent has not been a requirement in past. Gary Held indicated that the proposal is a straw ballot. Commissioner Wolfson requested that the straw poll issue remain on the agenda. 11. DISCUSSION REGARDING THE CONDITION OF THE STONES IN THE 1100 BLOCK OF LINCOLN ROAD. (DEFERRED FROM THE APRIL 23,2013 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON DECEMBER 12, 2012 CITY COMMISSION MEETING, ITEM R9E} AFTER-ACTION: DEFERRED 12. DISCUSSION REGARDING THE CURRENT SIDEWALK CAFE ORDINANCE. (RETURNING FROM THE APRIL 23, 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} 146 City Commission Memorandum Report of Land Use & Development Committee Meeting of June 12, 2013 Page 5 of5 b) USE OF ELECTRICITY BY SIDEWALK CAFES; AND REFER ALL CURRENT SIDEWALK CAFE MATTERS TO LUDC. (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: Stephen Scott provides an overview and an update on the issue. MOTION: Move to Full Commission without a recommendation. Commissioner Wolfson opposed. 13. DISCUSSION REGARDING AN ITEM ADDRESSING THI; USES ADJACENT TO ST. PATRICK'S CHURCH AND THE POSSIBILITY OF PERMITTING ADDITIONAL USES. (REQUESTED BY COMMISSIONER EDWARD L. TOBIN MAY 8, 2013 CITY COMMISSION MEETING, ITEM C4H) AFTER-ACTION: Richard Lorber provides an overview. Desiree Kane from Commissioner Tobins office indicates that Nuns can live in homes. MOTION: Wolfson I Gongora (2-0) Refer an Ordinance to the Planning Board to expand the 40th Street Religious Institution Overlay to include St. Patricks. 14. 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, 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. (REQUESTED BY CITY COMMISSION MAY 8, 2013 CITY COMMISSION MEETING, ITEM RSH) AFTER-ACTION: DEFERRED Attachment JLM/JMJ/RGL t:\agenda\2013~uly 17\ludc meeting of june 12 2013 afteraction -final.docx 147 1. 2. 8. ~ ~ ,9. ~., 10. 11. 14 15. 16. LAND USE AND DEVELOPMENT COMMITTEE MEETING June 12, 2013 @ 3:00 pm City Manager's Large Conference Room Attendance Sheet CONTACT NUMBER 1 IWJSHTORECEIVETHEAGENDA ELECTRONICALLY v In Sheet 2013.docx E-MAIL ADDRESS ~ ~ <0 21. 22. 24. 25. _.~ 27. 28. .........__ 30. 34 35. 36. LAND USE AND DEVELOPMENT COMMITTEE MEETING June 12,2013@ 3:00pm City Manager's Large Conference Room Attendance Sheet CONTACT NUMBER M:\$CMB\CCUPDATES\Land Use and Development Commit!ee\Sign In Shee12013.doox @ @ @ @ @ THIS PAGE INTENTIONALLY LEFT BLANK 150 Bl MIAMIBEACH ~ City of Miami Beach, 1700 Convention Cenier Drive, Miami Beach, Florida 33139, YlfYlfw.mia_rnib~!Lt;_b_fLg.QY. COMMITTEE MEMORANDUM TO Mayor Matti H. Bower and Member FROM: Jimmy L. Morales, City Manager l"'""t"----::::"~ DATE: July 17, 2013 SUBJECT: REPORT OF THE SPECIAL FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING ON MAY 22,2013 The agenda is as follows: OLD BUSINESS 1. Private closed Attorney-Client Session scheduled from 2:00 to 3:00P.M. to discuss settlement negotiations and/or strategy related to litigation expenditures with regard to the attached referenced litigation matters ACTION The Committee had a closed session meeting with City Attorney Jose Smith. City Attorney Jose Smith presented the item. City Attorney Jose Smith called the meeting to order noting that Chairperson Deeded Weithorn, Commissioner Michael Gongora, Commissioner Jerry Libbin, Mayor Matti Bower, Commissioner Ed Tobin and Commissioner Jorge Exposito were present. City Attorney Smith then adjourned the meeting so that it could be relocated to the 2nd Floor Conference Room for a private closed Attorney-Client session. 2. Discussion of the Miami Beach Convention Center Proposals and the Miami Beach Convention Center Master Plans ACTION The Committee requested that Consultant Jeff Sachs verify the numbers presented on the last slide entitled" Hypothetical Scenarios", as there was some discussion as to how the numbers were calculated and that staff should schedule a Special Land Use Meeting to answer any questions in regard to the Convention Center Master Plan. 151 Agenda Item C &C Date 7-17-t3 Consultant Jeff Sachs presented this item. Jeff Sachs facilitated the financial discussion regarding the two proposals submitted by South Beach ACE and Portman-CMC for the Convention Center renovations. Attached is a copy of the presentation. 152 Capital " Conve n Center .. nvention Ce r Pa ng " Publ nities .. Developer .. Financi 0 rating .. Ope Su rt "' Maintenance Reserve "' Replacement nues 153 $498.0m Convention Center $506.2m $55m Public Amenities $71.3m 7.9m 1,040 spaces Pa ng Total $635.4m lnl Developer 10.6m Contribution L2.rn N $624. +73.4m $1.5m annually Operating Support $1.5m annua m Center Capital Maintenance Ill 2% annua Reserve annua $2.5m St. Replace Lost Ill St. $1.3rn P-lot Parking Revenues $ P-Lot annuJIIy $1 Jm i:HHlU<Jily Public Amen Maintenance wlth 154 $40m $20m $:l0m ssom $20m 155 $40rn $30m $lOrn $Drn , $50m $30m $2llrn $lOrn $0rn 156 $50111 $40m 157 800 roorns 69,600 sf F&B units 2,700 sears 51,000 sf Hutd Parking Ad i usted in Year , thereafter, to 39-f, of gross $.53. 1M Hotel Resid Retai Theater Cultu Private Fixed Rent ng Fixed Contribution 158 55,000 16,380 F&B 40,000 sf F&B Venue (99,500 Including i'&B Venue) 2,700 Plein to upgrade in the future sf 3,101 spaces YeJr 1: $15m Yeas 11. 99: 3 . .5% $1: .. 0 retail/rest rent/sf Fixed Fixed Rent Fixed Contribution Rent and gross Performance Fixed Rent Rent "* Contribution rs ma;dncum of t1'1e Fixed Rent and gross 159 50 $E41V! $5Jlm 10% everv $105.3iv1 $1CL3m 61,000 sf Encumbered LiveNation 2,700 Propose pi~1n lo UPfFctde conslstt.'nt. Vilth P!an Private Contrfbution Uve 1\JatJon ApproximJte:ly $1rrl annuaUv Total Net Cu m 160 $ Included in flotei Encumbt?red by UveNJtion agreement rtwatt~r vvith Master Pi;11r mst.s not included in PulJik Budget $60rn , ·· 161 Portman SOURCES County G.O. 1% Resort Tax 1% Resort Tax 2014 Fixed land Lease Hotel S350rn Residential Total Fixed 17th Street & Retail -17th Street Parking -17th Street Retail/Rest. -N. of 17th Street Retail/Rest. -Culturol RDA thru 2022 Parking Bonds Developer Contribution Project Resort Taxes Other IJy /Vff;nry Grour) \!Vi!~ Additional Funds Required of All Components Developed Estimated Bonding Value of Components Residential 10.7 123.3 .>18 1.0,3 1.0 Parking Component of 17th Street parking Garage Retail Component of 17th Street Parking Retai I North of 17th Street Cultural Developer Contribution Project Generated Resort Taxes 162 Tishman 257.2 H\7 5Hl'J 12.4 $327m Total Fixed over 30 year bonds 0,(1 0.0 1 73,9 10.6 n Portman Tishman Scenario 1: Hotel and CC only; no developer contribution Scenario 2: No residential; No Cultural; City keeps 17th Street Parking component; Developer contribution cut in half Scenario 3: Scenario 2 plus half of N. of 17th Street Retail. Portman Tishman The Committee requested that Consultant Jeff Sachs verify the numbers presented on the last slide entitled" Hypothetical Scenarios", as there was some discussion as to how the numbers were calculated and that staff should schedule a Special Land Use Meeting to answer any questions in regard to the Convention Center Master Plan. 163 THIS PAGE INTENTIONALLY LEFT BLANK 164 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera-Bower and Me ers of the ~':'_ion FROM: Jimmy L. Morales, City Manager DATE: July 17, 2013 SUBJECT: REPORT OF THE NEIGHBORHOO /COMMUNITY AFFAIRS COMMITTEE HELD ON WEDNESDAY JUNE 26, 2013. A meeting of the Neighborhood/Community Affairs Committee was held on Wednesday, June 26, 2013 at 3:00 pm, and was held in the City Manager's Large Conference Room, 4th Floor. Commissioners in attendance: Commissioners Jerry Libbin, and Jorge Exposito, Members from the Administration and the public were also in attendance. Please see the attached sign-in sheet. THE MEETING OPENED AT 3:10PM. 1. Consideration And Discussion Of Proposed Amendments To The City's Noise Ordinance. 3:50PM Jose Smith, City Attorney presented the item, stating that he is not recommending changing the ordinance. Commissioner Libbin wanted to know what other Cities are doing regarding decibel standards. Debora Turner also presented her opinion and does not recommend any proposed change to the Noise Ordinance. Debora Turner explained that decibel systems pick up various sources of noise therefore it can be subject to challenge. In fact, the City previously had a decibel-based noise ordinance which was repealed in 1995 due to difficulties in enforcement. Dr. Sunshine spoke. He referred to the Crowe Report. Commissioner Libbin questioned why so many invalid complaints. Robert Santos-Aiborna spoke regarding the increase in validity rate from 22% last year to more than 30% for this current year. In addition, response time has improved. Another reason for invalid complaints is the fact that noise travels up and when officers are investigating the source of the noise, they do not have the proper access to witness the noise that the residents are experiencing. He also noted that the City of Daytona Beach is adoption the City's ordinance. They had problems with enforcing a decibel based ordinance. 165 Agenda Item C(!?Q Date 7-tZ-t3 City Commission Memorandum July 17, 2013 Report of the Neighborhoods/Community Affairs Committee of June 26, 2013 Page 2 of 10 Commissioner Libbin wanted clarification as far as statistics of complaints being higher for residents vs. business. Commissioner Exposito requested that Legal Department and Code Compliance to continue to work on the issue of noise standards. Robert Santos-Aiborna stated that Patricia Walker (CFO) mentioned that a committee is being created based on the Crowe report to review the noise issues. Motion: Commissioner Exposito directed administration to discuss proposed changes to the noise ordinance at the new Crowe Horwath Report committee, once created, and bring back to Committee. Seconded by Commissioner Ubbin. 2. Discussion To Consider Leaving The Altos Del Mar Location As Passive Greenspace. 4:20PM Kevin Smith updated the Committee on the item and requested direction as to the next step. Currently, he would like to move forward in order to determine the future use, amenities provided, design criteria and park construction if any. He is seeking to re- organize a comprehensive group to create a Master Plan in collaboration with all stakeholders, in order to create a contemporary Basis of Design Report, (BOOR). These actions will lead to the future development of this Park with the assurance of broad-based community support. Commissioner Ubbin wanted to ensure that the message was clear and that the City is looking to reach out to these stakeholders, who have good knowledge and a commitment to this project. The message should specify that the City do not have a Master Plan, but rather, the City is looking for the input and support of this comprehensive group. No Motion was made. Commissioner Exposito expressed the desire of the Committee for the administration to move forward. 3. Discussion Regarding Considering Hosting A Biannual Art Camp Held In Miami Beach In Cooperation With UNESCO. 4:25PM Commissioner Libbin withdrew the item as other agencies are already taking the lead. 4. Discussion Regarding Bicyclist Safety Campaign With The Miami Beach Police Department, Deco Bikes And Local Bicycle Rental Companies. Item Deferred 5. Referral of a Resolution Supporting The Efforts Of Miami-Dade County And The Miami-Dade County Public Schools' Joint Roundtable On Youth Safety to Neighborhood/Community Affairs Committee and Committee on Quality Education. 5:15PM 166 City Commission Memorandum July 17,2013 Report of the Neighborhoods/Community Affairs Committee of June 26, 2013 Page 3 of 10 The recommendations presented in the Joint Roundtable on Youth Safety Community Action Plan aim to ensure that the Miami-Dade County community comes together for the long haul to develop a safe envelope around our schools and other public places where children gather. Gabrielle Redfern spoke regarding recommendations, Motion: Commissioner Exposito made the motion to move forward with the recommendations of Miami-Dade County and Miami-Dade County Public Schools Joint Roundtable on Youth Safety and seconded by Commissioner Libbin. Commissioner Libbin took this opportunity to thank Dr. Leslie Rosenfeld for her efforts. Commissioner Exposito wanted to know what the City is doing to apply for grants to have safety studies. 6. Discussion Regarding The Restoration Of Monument Island 4:40PM Kevin Smith introduced the item for discussion and update. There has been on-going discussion concerning the past, present and future uses of Flagler Memorial Island. It is presently an unsecured island beach used by boaters and jet skiers. The site is heavily used on weekends as a boater location for swimming, with limited shoreline access and few improved pathways leading to the Flagler Monument. On April 17, 2013, the City Commission adopted a Resolution accepting a donation of $25,000 from the Prentice Foundation to be used specifically by the City of Miami Beach for the restoration and conservancy of Monument Island and the Flagler Monument. Mr. Smith indicated that the City is currently at an initial stage and the City is ready to move forward towards rejuvenating the project and move forward with organizing a comprehensive group to work towards a Master Plan. Commissioner Libbin would like to see community outreach and get a true consensus. He would like to see these community meetings begin discussion in developing and gather input from the public and logical groups such as Marine Patrol, ECOMB, etc. Luis Rodriguez, Executive Director of ECOMB presented ECOMB's proposaL Commissioner Exposito expressed his concerns regarding noise and the over use of the Island and its ecological impact. Commissioner Libbin cautioned the way the message is structured regarding a development of a Master Plan and perhaps emphasize in gathering input from stakeholders to create a Master Plan. Action: Move forward with creating a logical group and gather input from various sources regarding a Master Plan for Flagler Memorial Island. Bring back to Committee for further discussion. 167 City Commission Memorandum July 17, 2013 Report of the Neighborhoods/Community Affairs Committee of June 26, 2013 Page 4 of 10 7. Discussion Regarding The Collins Park Garage Project {Collins Park Place) 3:10PM David Martinez and Thais Viera from CIP presented the item. Gustavo Berenblum of Berenblum Busch Architecture (representing Zaha Hadid Architects) also made a presentation. Items of concern were as follows: • Construction Budget • Possibility of a rooftop passive park • Proposed concrete finish Gustavo Berenblum made a presentation on behalf of the Zaha Hadid Architecture Firm, stating that such project has been considered as an urban piece of architecture which fulfills more than a simple functional role. Likewise, the City has a clear desire for an innovative design which breaks the mold of the typical building type. The architects would like to proceed as soon as possible with this highly ambitious project for the City and hope that the City favors the original design. The parking facility, designed to span two adjacent sites, will transform the existing, non-descript parcels into a truly urban environment and unique destination for the City. Additionally Collins Park Place will become a catalyst for the revitalization of the Collins Park Neighborhood. Careful consideration has been given to the development and integration of features for the project including the Collins Park Gateway" bridge over Liberty Avenue which simultaneously creates a canopy over the public plaza, the spiraling feature stair with scenic elevator that encourages movement and safety, and a retail component designed to attract high-end tenants. Zaha Hadid Architecture and community groups such as Collins Park Neighborhood Association agree that the garage be kept as it was originally designed with no rooftop garden and no loss of parking spaces. As for exterior finish, it was agreed that either stucco or a white stain would be a costly long term mistake. Zaha Hadid strongly feels that the original proposed concrete finish would be the only way to go. Commissioner Libbin commented about cost and how it compares to other recent constructed garages. He feels that the comparisons are not a true mirror of other garages as it is being presented. Commissioner Exposito was concerned with the lights from incoming cars reflecting onto residents' homes and its effect on them. He also expressed his concerns with the permitting and zoning process. In addition, he wanted to clarify the lighting overall (building lights) being safe and sufficient. He stated that the Maxxi Project lighting was very effective. The architect stated that they have made modifications to correct the design so this is no longer an issue with car lights reflecting onto residents' windows. In addition, they are working with a consultant to modify and apply best options for overall lighting and safety. Ray Breslin, Collins Park Neighborhood Association president spoke. 168 City Commission Memorandum July 17, 2013 Report of the Neighborhoods/Community Affairs Committee of June 26, 2013 Page 5 of 10 Luis Rodriguez from ECOMB spoke George Kousoulas, Architect spoke Cristine Florez spoke All of the above in favor of moving forward with approved design. Motion: Commissioner Exposito to forward the Collins Park garage project to Commission for approval and move forward as soon as possible and to ensure all pertinent permits and modifications are solidified. Seconded by Commissioner Libbin. Action: Commissioner Libbin directed Administration to get details on cost ROI and comparisons and its sources. 8. Discuss The Enforcement Components Of The Recycling Ordinance. 4:27PM Commissioner Libbin opened the item. The City Commission adopted an ordinance mandating multi-family residential and commercial establishments implement a single-stream recycling program by July 1, 2013. Per the ordinance, multifamily and commercial establishments that do not provide a recycling program serviced by a licensed recycling contractor or that fail to separate recyclable material from the solid waste stream have been subject to warnings since January 1, 2013. In April 2013, Courtesy Warning letters were provided by the City to the franchises waste haulers for distribution to properties that, despite the informational letter, remained non-compliant. Properties were asked to submit compliance confirmation forms to the City. Commissioner Libbin was concerned that the approved Sustainability Officer whose focus would be to provide education and guidance rather than issuing fines, has not been filled. Commissioner Libbin shared his thoughts regarding what the Sustainability Committee would like to see. He understands that they want to move forward with immediate fines and penalties. He would like to see the position of the Sustainability Officer filled. In addition, he wants to know why this position has not been filled. He would like for administration to move forward and provide the service as budgeted last FY. Motion: Commissioner Exposito would like to hold off on penalties for compliance with the recycling ordinance and extended the education component an additional six months. Second by Commissioner Libbin. 9. Discuss An Amendment To The Special Event Requirements And Guidelines To Include Recycling Requirements For All Special Events That Require A Sanitation Plan. 4:35PM 169 City Commission Memorandum July 17, 2013 Report of the Neighborhoods/Community Affairs Committee of June 26, 2013 Page 6 of 10 Motion: Commissioner Libbin made the motion that if it requires a sanitation plan than it must have a recycling sanitation plan. Seconded by Commissioner Exposito. 10.Discuss An Amendment To The Energy Economic Zone Ordinance To Include Miami-Dade County's Green Business Certification Program As An Eligibility Criteria To Receive The EcoZone Program Tax Incentives. 4:37PM Commissioner Libbin opened the item. One of the main reasons that the City of Miami Beach was designated EcoZone was due to the comprehensive efforts to create and implement the Sustainability Plan and its associated initiatives. The Sustainability Plan also serves as the Energy Economic Zone Work Plan. Commissioner Libbin is very happy that the City has this program. However, he has concerns that the City does not have staff or process such as Miami-Dade County. He would like to recommend that the County manage the program for the City. Motion: Commissioner Libbin made the motion to allow the County to handle the green Business Certificate Program as eligibility criteria for the Energy Economic Zone program. Seconded by Commissioner Exposito. 11. Report From City Staff On The Traffic Calming And School Zone Expansion Initiative For 41st Street Between Meridian Avenue And Garden Avenue To Improve School Safety At Nautilus Middle School. 4:54 Jose Gonzalez, Transportation Manager presented the item. Pursuant to motions passed by the Committee for Quality Education regarding concerns with the safety of students from Nautilus Middle School crossing 41st Street, City staff requested that the Florida Department of Transportation (FOOT) conduct a signal warrant analysis to determine if a new signal is warranted at the intersection of Jefferson Avenue and 41st Street. A traffic signal warrant analysis was conducted by FOOT District Six Traffic Operations/Safety Office. Based on data collected and observations during school pick-up/drop-off periods, the study concluded that a traffic signal is not warranted at the intersection of 41st Street and Jefferson Avenue as the intersection failed to meet the criteria (signal proximity, pedestrian volume and accident volume). Currently, the FOOT draft safety study is being reviewed by the City of Miami Beach, Miami-Dade County, and the Miami-Dade County School Board. It is important to note, that as an interim safety measure for the upcoming 2013-14 school 170 City Commission Memorandum July 17,2013 Report of the Neighborhoods/Community Affairs Committee of June 26, 2013 Page 7 of 10 year, the Administration recommends that the City of Miami Beach Police Department, Miami-Dade County School Police Department, and the Nautilus Middle School new administration collaboratively participate in making recommendations as to how to effectively deter Nautilus Middle School students from crossing at un-signalized mid- block locations, including discouraging students arriving before 9:00am from leaving the school premises to get breakfast at Burger king. Commissioner Libbin shared his thoughts on the current MBPD resources. Instead of having this Miami Beach Police Officers direct traffic, have one in the area of concern for approximately 20 to 30 minutes. Assistant Chief Overton stated that he would like to work with the school to take a holistic look at the issue. Dr. Leslie Rosenfeld explained the issue of students crossing at Jefferson Avenue is a result of the attraction to Burger King and the gap of time between students being dropped off by bus/parents and the opening of the school at 9:00 a.m. Students have also been routed around the school to 42 Street to enter the cafeteria, and leave campus to go to 41st Street. Dr. Rosenfeld then introduced Ms. Sally Alayon, MDCPS Region II director. Ms. Alayon spoke regarding the discussions currently taking place with the new Nautilus Middle School Principal, Mr. Bellmas. The issue regarding children crossing at Jefferson and 41st Street will be discussed with the principal. In addition, the idea of opening the school earlier to allow children to enter on the North side of the school where the drop off is located will be discussed as well, and perhaps allowing them to remain supervised in the cafeteria. Commissioner Libbin mentioned that he would like to meet the new Principal. Gabrielle Redfern spoke on behalf of Mayor Mattie Herrera-Bower. She wanted to note the incident in June 2013 where a student was side swiped on 41st Street and the child was cited. Mayor Herrera-Bower has drafted a letter to Superintendent Carvalho and would like to receive feedback after this NCAC meeting to finalize the letter. Commissioner Libbin directed Assistant Chief Overton to work with school and have a Police Resource Officer at the crosswalk and that it would be a good alternative if the Nautilus opened the cafeteria earlier to give students a healthier option. Gabrielle Redfern stated that the study did not include extending the school zones. Therefore, we should work with the County and School Board to see if this can be done. Motion: Commissioner Exposito made the motion to look at studies and proceed with recommendations from Assistant Police Chief to expand the speed zone and work with Nautilus. Seconded by Commissioner Libbin; Although he does not agree with yet another study. 171 City Commission Memorandum July 17,2013 Report of the Neighborhoods/Community Affairs Committee of June 26, 2013 Page 8 of 9 12.A Resolution Accepting The Recommendation Of The Neighborhood/ Community Affairs Committee Not To Name The New Tennis Center At Flaming Park (The Center) The "Flamingo Park Tennis Center," As Proposed By The Flamingo Park Neighborhood Association And, Further, To Keep The Existing Proposed Name Of The Center As The "Flamingo Park/Holtz Tennis Center," In Accordance With The Intent Of The Prior Agreement(s) Entered Into By The Tennis Center," In Accordance With The Intent Of The Prior Agreement(s) Entered Into By The City. 5:20PM The issue of the naming of the tennis center in Flamingo Park was heard at the June 5, 2013, City Commission meeting. Following extensive public comment and further discussion by the City Commission, the City Commission voted not to accept the Committee's recommendation, and further expressed its desire to name the new tennis center the "Flamingo Park Tennis Center". An additional motion was made by the City Commission to refer the matter back to the NCAC for further discussion. Raul Aguila, Chief Deputy, City Attorney's Office presented the item. When asked by Commissioner Libbin what the status of the new tennis center name was, Mr. Aguila stated that currently there is no recommendation on the name. Mr. Aguila stated that following the June 5· 2013 Commission meeting, he and members of the administration met with Mr. Holtz and his attorney Mr. Cliff Shulman to discuss a compromise which would enable the City to proceed with naming the new tennis center the "Flamingo Park Tennis Center", while acknowledging the Holtz family's contribution through the establishment of a monument or memorial. The administration had identified a sculpture of a tennis ball which was included in the original project rendering (at the entrance of the pro-shop), but which was value engineered out at the beginning of the project. A recommendation was made (as a settlement and compromise) to re-introduce the tennis ball sculpture, with the inscription at the base, acknowledging the Holtz family's contribution to tennis in the City (or other similar language which would be mutually agreeable to the City and the Holtz family). Consensus was reached to have a plaque at the bottom of the Tennis Ball sculpture instead of naming of the tennis center. Mr. Shulman spoke on behalf of the Holtz family and he stated that this is a good compromise. He further stated that he wants to ensure that the City's next steps happen in order. Commissioner Libbin expressed his pleasure with the resolution. Rebecca Boyce with the Miami Beach Tennis Association spoke. Stefan Zachar Member of Miami Beach Tennis Association spoke, and requested that the July 14th Ribbon Cutting Ceremony be postponed until there is a resolution and a name. Commissioner Libbin directed administration to postpone the Ribbon Cutting ceremony. Motion: Commissioner Exposito made the motion. Pursuant to the compromise settlement reached between the City administration, Legal and Mr. Holtz to move forward 172 City Commission Memorandum July 17, 2013 Report of the Neighborhoods/Community Affairs Committee of June 26, 2013 Page 9 of 9 with the establishment of the monument (with reasonable input from the Holtz family), and send to AIPP for approval on the tennis ball sculpture. To name the facility "Flamingo Park Tennis Center" and as agreed to a plaque at the bottom of the tennis ball sculpture. Seconded by Commissioner Libbin. Action: • Move item to Commission • Legal to amend naming of the Ordinance, with 2nd reading at the September 13th Commission Meeting • AIPP for approval of monument at the next AIPP Meeting 13. Discussion Regarding The Issue Of The Use Of Medical Marijuana 5:45 Debora Turner presented the item. Subsequently, the City Attorney's Office met and corresponded with counsel for Mr. Steven's committee to assist in drafting a resolution, as an alternative to a ballot initiative, that would address the Committee's concerns and be acceptable to the City Commission. A preliminary resolution was drafted that proposed a City policy whereby the possession of less than an ounce of marijuana would be given the lowest law enforcement priority in the City and urged State and Federal lawmakers to enact legislation to decriminalize the possession of less than an ounce of marijuana and to permit the use of marijuana for medicinal purposes. However, the draft resolution did not receive support for placement on a City Commission agenda. As an alternative, the Resolution adopted by the City of South Miami is submitted for consideration. Action: No recommendation from Committee. Send item to Commission for consideration of a straw ballot question on the November 5th ballot, whether the City Commission should adopt a resolution urging State and Federal lawmakers to permit the use of marijuana for medicinal purposes. Marcia Monserrat, Special Projects Coordinator with the Office of the City Manager spoke regarding outreach efforts to the Homeowner Associations and PTA. Commissioner Libbin agreed that outreach efforts must be conducted. 14. An Ordinance Amending Miami Beach City Code Chapter 2 Entitled "Administration," Article VII Entitled "Standards Of Conduct," Division 2 Entitled "Officers, Employees, And Agency Members," By Amending Section 2-446 Thereof Entitled "Declaration Of Policy" To Provide For Limited Standards Of Conduct Applicable To The City's Special Masters, And Creating City Code Section 2-461 Establishing Special Master Lobbying Prohibitions; Providing For Repealer, Severability, Codification, And An Effective Date. Item was deferred THE MEETING ADJOURNED AT 6:00PM. JLM/KGB/bh 173 ' I w l w 1:: :E :E 0 0 -;i. ~ 0 ~ 1-1.1.. <(M w "!'"" w . ~~ :I: 1-en Q. zw z w :::,)N c :E ~ ""i z -:E ::;, C) 0., -0 en -c 0 0 ::t: Q:! 0 Ill ::t: C) w z I u >-~ <:( ...,J E9 ~ UJ m d'l ..,J w 1-::!! ~ < R: z ~ lfv ~ rr 174 I~ 175 THIS PAGE INTENTIONALLY LEFT BLANK 176 lD 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: July 17, 2013 SUBJECT: REPORT OF THE JULY 8, 201 SPECIAL LAND USE AND DEVELOPMENT COMMITTEE MEETING A Special Land Use and Development Committee meeting was held on July 8, 2013. Members in attendance were Commissioners Michael Gongora, Jerry Libbin and Jonah Wolfson. Mayor Bower and Commissioners Ed Tobin, Jorge Exposito and, Deede Weithorn, along with members from the Administration and the public, were also in attendance. Please see the attached sign-in sheet. The meeting was called to order at approximately 5:35pm. 1. DISCUSSION REGARDING MIAMI BEACH CONVENTION CENTER MASTER PLAN PROGRAM COMPONENTS (REFERRED BY THE FINANCE & CITYWIDE PROJECTS COMMITTEE MAY 22. 2013) AFTER-ACTION: Commissioner Gongora began the meeting and City Manager Jimmy Morales provided an overview of the item. Public Comment: • Frank Del Vecchio • Ron Starkman • Ray Breslin John Portman, from the Portman Team, provides brief remarks and indicates that the Portman Team will not be making a presentation. Victor Diaz, from the Tishman Team, narrarates a power point presentation that responds to the City Managers memo and recommendations. City Manager Jimmy Morales explains the rationale behind the memo and briefly discusses potential funding options. Trish Walker and Jeff Sachs provide additional feedback regarding the existing, as well as a potentially expanded, RDA. Commissioner Gongora indicates that the Land Use Committee will provide feedback on each section of the City Managers memo. 1. Hotel Component Mayor Bower, as well as Commissioners Gongora, Tobin, Libbin, Weithorn & Exposito all 177 Agenda Item C 0 E Date ]-17-f?:, City Commission Memorandum Report of the Special Land Use & Development Committee Meeting of July 8, 2013 Page 2 of3 support an 800 room hotel. There was also general agreement that the amount of accessory commercial space should not exceed 30,000 square feet. Commissioner Wolfson is opposed to an 800 room hotel as he feels there is no adequate traffic study; the price point is too high and is concerned with debt service payments. 2. 1th Street Garage The consensus of the Mayor and Commission is that the existing 1 ih Street garage should be demolished and replaced with a new parking structure, with retail at the first floor. Additionally, the City should maintain control of the structure, including the pricing for parking in the garage. The Commission also indicated that funding for the garage could come through the leasing of the retail space, and/or a joint development venture with the private sector. Commissioner Exposito indicated that the phasing for the construction of a new garage needs to be further evaluated, so as not to displace a parking option for the local work force. 3. Retail North of 1 ih Street There was general consensus on the Manager's recommendation of a maximum of 20,000 square feet of food & beverage and limited retail located in the public spaces north of 17th Street. There were some concerns expressed about the additional recommended restriction that no one establishment could occupy more than 10,000 square feet. 4. Residential Development The consensus of the Mayor and City Commission was that some limited residential development on the west (Meridian Avenue) and east (Washington Avenue) sides of the convention center site may be appropriate in order to activate the proposed areas of open space, as well as provide an appropriate interface between the residential areas to the immediate east and west of the site. However, any residential proposed should be low scale. Some Commissioners suggested that a residential component be phased into the project at a later date. The City Manager indicated that such a phasing plan may require a new ballot referendum in the future. 5.200 There was no consensus for a hotel on top of the 1 Street Parking Garage. 6. Cultural Building The consensus of the Mayor and Commission was to accept the City Managers recommendation and eliminate the proposed Cultural Buildings from the plan. 7. Gleason Theatre The consensus of the Mayor and Commission was to accept the City Manager's recommendation by retaining the Gleason Theatre and addressing the programming of the building at a future date, at the conclusion of the management agreement with Live Nation. 8. Public Amenities & Greenspace The consensus of the Mayor and Commission was to maximize the public amenities and greenspace. Jeff Sachs addressed the differences in each team's contributions to providing public amenities and open space, as well as maintenance. 178 City Commission Memorandum Report of the Special Land Use & Development Committee Meeting of July 8, 2013 Page3of3 The Mayor and Commission considered the issue of each team's position on signing an agreement not to sue the City, in the event their particular team was not chosen as was done in San Diego. Raul Aguila and Jose Smith from the City Attorney's office addressed the matter for the City. The Portman team has signed the agreement, subject to the Tishman team also agreeing to sign the agreement. To date, the Tishman team has not agreed to sign the agreement. AI Dotson (Tishman) and Lucia Dougherty (Portman) addressed the matter on behalf of the respective teams. The consensus of the Mayor and Commission was that the agreement was important and that they wanted to be updated on the progress of both teams agreeing to it. Commissioner Gongora raised the issue of Traffic & Mobility and indicated that he would like this issue to be fully addressed. City Manager Jimmy Morales indicated that while neither team has developed a perfect approach, the chosen team would be required to substantially further the traffic and mobility plan. The next 2 meetings of the City Commission~ the July 12, 2013 Special Meeting and the July 17, 2013 regular meeting were discussed. The meeting adjourned at 7:25 pm. T:IAGE!IIDA\2013\July 17\LUDO Meeting of July 8 2013 afteraetion.docx 179 ~ 00 0 6. 7. 17. 18. NAME SPECIAL LAND USE AND DEVELOPMENT COMMITTEE MEETING July 8, 2013 @ 5:00 pm City Hall, Commission Chambers Attendance Sheet CONTACT NUMBER I I WISH TO RECEJ\IE THE AGENDA ELECTRONICALLY ; <: JO J--v-> o_n '" 1 roS.Bi'\t10M @ m , co @ @ @ @ --@ ~ 00 ~ 21. 22. 23. 24. 25. 38. NAME 39 -;:.::::;: . ~Au(A IZ·-'hJ0~ SPECIAL LAND USE AND DEVELOPMENT COMMITTEE MEETING July 8, 2013 @ 5:00 pm City Hall, Commission Chambers Attendance Sheet CONTACT NUMBER I IWISHTORECENETHEUNKTO ELECTRONIC AGENDA 4o. Av-e;y CD}erruvv M:\$CMB\CCUPDATES\Land Use and Co111m111ee\Sign In Sheet 2013.doox E-MAIL ADDRESS ~~ f" ,_g_l ---.. ~· K ~ ~ ~ ~ ~! 1 ~ r~ ~ N\ \'"'\ \ ~ ~ "' ![) .. ~ 1.1) ~ (",. r;--K a ..... ~ \j-' ~ I ~ ~ ~ .... ~ "' ~~ ~ ~ "" ........ ~ ~ \9 ,_ '-,, < . -. . - 182 COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the City Manager to apply for and accept (1) grant and to execute an lnterlocal and Annual Affidavit with Miami-Dade County for Parking Fines funding. Key Intended Outcome Supported: 1) Improve Process through Information Technology and Maximize efficient delivery of services; 2) Promote and celebrate our City's diversity. Supporting Data-2012 Community Survey: 1) In Fiscal Year 2010/11 the turnaround time for police reports was 3 days (E-Ticketing will allow officers to write police reports electronically and digitally transmit them through the approval process to merge with the Records Management System); 2) N/A. Item Summary/Recommendation: The Administration requests approval to authorize the City Manager or his designee to take the following actions: 1) Submit a grant application to Miami-Dade County for Edward Byrne Memorial Justice Assistance Grant funds in the approximate amount of $8,726 for the City's Police Department's Records Improvement Program; and, 2) Execute an lnterlocal Agreement and Annual Affidavit with Miami-Dade County for the Fiscal Year 2012/2013 Miami-Dade County Municipal Parking Fines Reimbursement Program, for funding in the approximate amount of $61,000, for funds to be used to improve accessibility and equal opportunity to qualified persons who have disabilities and to conduct public awareness programs; authorizing the execution of all necessary documents related to this application, including, without limitation, audits and authorizing the City Manager or his designee to take all necessary actions related to this grant. Financial Information: Source of i# Grant Name/Project Approx Approximate Match Funds Grant Amt. Amount/Source 1 Miami-Dade County Edward $8,726 N/A Byrne Memorial Justice Assistance Grant/Records Improvement Program 2 Miami-Dade County $61,000 N/A Municipal Parking Fines Reimbursement Program/Eligible Programs for Persons with Disabilities Financial Impact Summary: N/A Cit Clerk's Office Le islative Trackin : Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement Manager MIAMI BEACH AGENDA ITEM _C_7_A __ 184 DATE 7-17-/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 bers of th City Commission FROM: Jimmy L. Morales, City Manager DATE: July 17, 20:13 SUBJECT A RESOLUTION OF THE MA OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1) SUBMIT A GRANT APPLICATION TO MIAMI-DADE COUNTY FOR FY 2013/2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS IN THE APPROXIMATE AMOUNT OF $8,726 FOR THE POLICE DEPARTMENT'S RECORDS IMPROVEMENT PROGRAM; AND, 2) EXECUTE AN INTERLOCAL AGREEMENT AND ANNUAL AFFIDAVIT WITH MIAMI-DADE COUNTY FOR THE FY 2012/2013 MIAMI-DADE COUNTY MUNICIPAL PARKING FINES REIMBURSEMENT PROGRAM, FOR FUNDING IN THE APPROXIMATE AMOUNT OF $61,000, FOR FUNDS TO BE USED TO IMPROVE ACCESSIBILITY AND EQUAL OPPORTUNITY TO QUALIFIED PERSONS WHO HAVE DISABILITIES AND TO CONDUCT PUBLIC AWARENESS PROGRAMS; APPROPRIATING THE GRANT AND PROGRAM FUNDS, AND CITY EXPENSES, IF APPROVED AND ACCEPTED BY THE CITY AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THE AFORESTATED APPLICATION, INCLUDING, WITHOUT LIMITATION, AUDITS, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL NECESSARY ACTIONS RELATED TO THIS GRANT ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS 1. Approval to submit an application to Miami-Dade County for the FY 2013/2014 Edward Byrne Memorial Justice Assistance Grant Program funds in the approximate amount of $8,726 for the Police Department's Records Improvement Program The Administration intends to submit an application for federal funds that are passed through from the US Department of Justice to the State of Florida, Florida Department of Law Enforcement and then to Miami-Dade County. Miami-Dade County disburses these funds to the municipalities. It is the Administration's intent to apply for funds from the County's allocation for the continuation of the City's Records Improvement Program. 185 Commission Memorandum Page 2 The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system, from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, technology improvement programs and justice information sharing initiatives. The City will be applying for funding in the amount of $8,726 for the continuation of the Police Department's Records Improvement Program. Funding will be used to purchase blue tooth printers (including a four year warranty and the required accessories). The grant will provide $8,726 and the balance of $248 will come from the Police Department FY 2013/2014 Operating Budget. This project will enable the Police Department to comply with Florida Department of Law Enforcement's requirements of providing validated statistics. E-Ticketing will allow officers to write police reports electronically and digitally transmit them through the approval process to merge with the Records Management System. Currently, with the exception of the officers who have the automated ticket writing software and equipment, officers continue to handwrite State Traffic citations; this process causes significant delays in the management of criminal justice data and records management and fails to meet the needs of data management and collection. This grant does not require matching funds, and the project supports the key intended outcomes: improve processes through information technology and maximize efficient delivery of services. 2. Approval to execute an lnterlocal Agreement and Annual Affidavit with Miami-Dade County for the FY 2012/2013 Miami-Dade County Municipal Parking Fines Reimbursement Program, for funding in the .approximate amount of $61,000 for funds to be used to improve accessibility and equal opportunity to gua!!fied persons who have disabilities and to conduct public awareness programs Each year the City participates in Miami-Dade County's Parking Fines Reimbursement Program. The Program is based on Section 316.008, Florida Statutes, and Section 30-447 of the Code of Miami-Dade County, which authorizes the charging of fines for misuse of specially marked parking spaces for people with disabilities. On June 25, 2008, the City of Miami Beach entered into an lnterlocal Agreement with Miami- Dade County for the distribution of these funds. The agreement requires that the City annually submit an affidavit sworn by the Chief Administrative Officer that expenditures will meet the program criteria. This year, the lnterlocal Agreement has been revised as follows: 1) The revised lnterlocal replaces all references to the Miami-Dade Office of Americans with Disabilities Act Coordination, with the Miami-Dade County Internal Services Department ("ISO"); 2) The revised lnterlocal amends existing language, as follows: " ...... monies shall be used to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons who have disabilities and to provide funds to conduct public awareness programs in the County or municipality concerning physically disabled persons who have disabilities; and 3) The County agrees to pay the County and the municipalities under this agreement based on a payment schedule agreed upon by ISO, accompanied by such documentation as requested. 186 Commission Memorandum Page 3 In order to continue to participate in the program, each municipality must submit a new executed lnterlocal Agreement and annual Affidavit (Attachment A). The Affidavit states that the funds reimbursed shall be used to improve accessibility and equal opportunity to qualified persons who have disabilities in the municipality and to conduct disability public awareness programs. Reimbursements for the Fiscal Year 2012/2013 program are based on a percentage of revenue collected during Fiscal Year 2011/2012. The amount is determined by calculating the total amount of fines collected on tickets issued in a municipality divided by the total number of tickets paid countywide. Funding estimates include a percentage of the carry over monies that were not distributed to any municipality in the previous year. Miami Beach is entitled to $60,866 as a result of fines collected in the previous fiscal year and unspent funds from other municipalities. The funds will be used by the City to improve accessibility and equal opportunity to qualified disabled persons. As in previous years, the City's priority will be to address issues in the 1998 ADA Settlement Agreement. Matching funds are not required. This project supports the key intended outcome: promote and celebrate our city's diversity. CONCLUSION The Administration requests approval to authorize the City Manager or his designee to take the following actions: 1) Submit a grant application to Miami-Dade County for the Fiscal Year 2013/2014 Edward Byrne Memorial Justice Assistance Grant funds in the approximate amount of $8,726 for the City's Police Department's Records Improvement Program; and, 2) Execute an lnterlocal Agreement and Annual Affidavit with Miami-Dade County for the Fiscal Year 2012/2013 Miami-Dade County Municipal Parking Fines Reimbursement Program, for funding in the approximate amount of $61,000, forfunds to be used to improve accessibility and equal opportunity to qualified persons who have disabilities and to conduct public awareness programs; authorizing the execution of all necessary documents related to this application, including, without limitation, audits and authorizing the City Manager or his designee to take all necessary actions related to this grant. JLM/JW/JMH T:\AGENDA\2013\July 17\Grants Memo.doc 187 RESOLUTION NO. _____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1) SUBMIT A GRANT APPLICATION TO MIAMI-DADE COUNTY FOR FY 2013/2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS IN THE APPROXIMATE AMOUNT OF $8,726 FOR THE POLICE DEPARTMENT'S RECORDS IMPROVEMENT PROGRAM; AND, 2) EXECUTE AN INTERLOCAL AGREEMENT AND ANNUAL AFFIDAVIT WITH MIAMI-DADE COUNTY FOR THE FY 2012/2013 MIAMI-DADE COUNTY MUNICIPAL PARKING FINES REIMBURSEMENT PROGRAM, FOR FUNDING IN THE APPROXIMATE AMOUNT OF $61,000, FOR FUNDS TO BE USED TO IMPROVE ACCESSIBILITY AND EQUAL OPPORTUNITY TO QUALIFIED PERSONS WHO HAVE DISABILITIES AND TO CONDUCT PUBLIC AWARENESS PROGRAMS; APPROPRIATING THE GRANT AND PROGRAM FUNDS, AND CITY EXPENSES, IF APPROVED AND ACCEPTED BY THE CITY AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THE AFORESTATED APPLICATION, INCLUDING, WITHOUT LIMITATION, AUDITS, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL NECESSARY ACTIONS RELATED TO THIS GRANT WHEREAS, the Administration intends to apply for federal funds that are passed through from the US Department of Justice to the State of Florida, Florida Department of Law Enforcement and then to Miami-Dade County; Miami-Dade County then disburses these funds to the municipalities; and WHEREAS, it is the Administration's intent to apply for funds from the County's allocation for the continuation of the City's Records Improvement Program; and WHEREAS, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions, and JAG funds support all components of the criminal justice system, from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, technology improvement programs and justice information sharing initiatives; and WHEREAS, the City will be applying for funding in the amount of $8,726 for the continuation of the Police Department's Records Improvement Program, as such, funding will be used to purchase blue tooth printers (including a four year warranty and the required accessories); and WHEREAS, the grant will provide $8,726 and the balance of $248 will come from the Police Department FY 2013/2014 Operating Budget; and 188 WHEREAS, this project will enable the Police Department to comply with Florida Department of Law Enforcement's requirements of providing validated statistics; and WHEREAS, e-ticketing will allow officers to write police reports electronically and digitally transmit them through the approval process to merge with the Records Management System; and WHEREAS, currently, with the exception of the officers who have the automated ticket writing software and equipment, officers continue to handwrite State Traffic citations; this process causes significant delays in the management of criminal justice data and records management and fails to meet the needs of data management and collection; and WHEREAS, this grant does not require matching funds, and the project supports the key intended outcomes: improve processes through information technology and maximize efficient delivery of services; and WHEREAS, as such, approval is requested to submit an application to Miami- Dade County for the FY 2013/2014 Edward Byrne Memorial Justice Assistance Grant Program funds in the approximate amount of $8,726 for the Police Department's Records Improvement Program; and WHEREAS, each year the City participates in Miami-Dade County's Parking Fines Reimbursement Program., the Program is based on Section 316.008, Florida Statutes, and Section 30-447 of the Code of Miami-Dade County, which authorizes the charging of fines for misuse of specially marked parking spaces for people with disabilities; and WHEREAS, on June 25, 2008, the City of Miami Beach entered into an lnterlocal Agreement with Miami-Dade County for the distribution of these funds. The agreement requires that the City annually submit an affidavit sworn by the Chief Administrative Officer that expenditures will meet the program criteria; and WHEREAS, this year, the lnterlocal Agreement has been revised as follows: 1) The revised lnterlocal replaces all references to the Miami-Dade Office of Americans with Disabilities Act Coordination, with the Miami-Dade County Internal Services Department ("lSD"); 2)The revised lnterlocal amends existing language, as follows: " ...... monies shall be used to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons who have disabilities and to provide funds to conduct public awareness programs in the County or municipality concerning physically disabled persons who have disabilities; and, 3) The County agrees to pay the County and the municipalities under this agreement based on a payment schedule agreed upon by lSD, accompanied by such documentation as requested; and WHEREAS, in order to continue to participate in the program, each municipality must submit a new executed lnterlocal Agreement and annual Affidavit (Attachment A). The Affidavit states that the funds reimbursed shall be used to improve accessibility and equal opportunity to qualified persons who have disabilities in the municipality and to conduct disability public awareness programs; and 189 WHEREAS, reimbursements for the Fiscal Year 2012/2013 program are based on a percentage of revenue collected during Fiscal Year 2011/2012 and the amount is determined by calculating the total amount of fines collected on tickets issued in a municipality divided by the total number of tickets paid countywide and funding estimates include a percentage of the carry over monies that were not distributed to any municipality in the previous year; and WHEREAS, Miami Beach is entitled to $60,866 as a result of fines collected in the previous fiscal year and unspent funds from other municipalities; and WHEREAS, the funds will be used by the City to improve accessibility and equal opportunity to qualified disabled persons, as in previous years, the City's priority will be to address issues in the 1998 ADA Settlement Agreement; and WHEREAS, matching funds are not required and this project supports the key intended outcome: promote and celebrate our City's diversity; and WHEREAS, approval is requested to execute an lnterlocal Agreement and an Annual Affidavit (Attachment A) with Miami-Dade County for the Miami-Dade County Municipal Parking Fines Reimbursement Program, for funding in the approximate amount of $61,000 as a result of fines collected during Fiscal Year 2011/2012, for funds to be used to improve accessibility and equal opportunity to qualified persons who have disabilities and to conduct public awareness programs. 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 Miami-Dade County for FY 2013/2014 Edward Byrne Memorial Justice Assistance Grant Program funds in the approximate amount of $8,726 for the City's Police Department's Records Improvement Program; and, 2) Execute an lnterlocal Agreement and Annual Affidavit with Miami-Dade County for the Fiscal Year 2012/2013 Miami-Dade County Municipal Parking Fines Reimbursement Program, for funding in the approximate amount of $61,000, for funds to be used to improve accessibility and equal opportunity to qualified persons who have disabilities and to conduct public awareness programs; authorizing the execution of all necessary documents related to this application, including, without limitation, audits and authorizing the City Manager or his designee to take all necessary actions related to this grant. PASSED and ADOPTED this ___ day of ___ , 2013. ATTEST: MAYOR CITY CLERK JLM/JW/JMH T:\AGENDA\2013\July 17\Grants Memo.doc 190 Attachment A MIAMI-DADE COUNTY MUNICIPAL PARKING FINES REIMBURSEMENT PROGRAM INTERLOCAL AGREEMENT This agreement is entered into this ______ (day) of _____ (month/year), by and between Miami-Dade County, Florida, a political subdivision of the State of Florida (the "County") and __________ , "municipality"), a municipal corporation organized and existing under the laws.ofthe State of Florida. WITNESSETH WHEREAS, Section 316.008 Florida Statutes, and Section 30-447 Code of Miami- Dade County, authorizes the charging of fines for misuse of specially marked parking spaces for people with disabilities, and WHEREAS, Miami-Dade County proposes to distribute said fines under the provisions of Section 30-447 of the Code of Miami-Dade County, Florida. NOW THEREFORE in consideration of the covenants contained herein, the parties agree as follows 1. This agreement shall become effective upon its execution by the authorized officers of the parties and will continue annually upon agreement by both parties. 2·. The allocation of the disabled parking fine monies shall be used to provide funds to improve accessibility and equal opportunity to qualified persons who 1 191 have disabilities and to provide funds to conduct public awareness programs in the County or municipality concerning persons who have disabilities. 3. The municipality shall annually submit an affidavit sworn by its chief administrative official to the Miami-Dade County Internal Services Department ("lSD"). 4. The affiant will affirm that expenditures meet the following criteria: a. The funds reimbursed shall be used to improve accessibility and equal opportunity to qualified persons who have disabilities in the municipality and to conduct public awareness programs in the municipality concerning persons who have disabilities. b. If only a portion of the project or program is being promoted to benefit people with disabilities, then only that portion of the project or program may be funded with these monies. 5. The parties agree to follow the terms and concl~.:~sions regarding payment as follows: a. The percentage for distribution shall be calculated by the County annually. Each year the County shall notify all municipalities of the percentages of distribution of the disabled permit parking fine money for the upcoming annual period. The percentage for distribution to the County and to the 2 192 municipalities is based on a percentage of total revenue which is determined by calculating the total number of fines paid county-wide. Funding estimates include a percentage of the monies which were not distributed to any municipality in the previous year. b. The County agrees to pay the County and the municipalities under this agreement based on a payment schedule agreed upon by lSD, ·accompanied by such documentation as requested. c. In no event shall. County funds be advanced to any subcontractor hereunder. d.--Tbe .parties-shall return-funds to the-Cler-k-of-the-Board-of-County- Commissioners if the project is not successfully completed and allow lSD to audit projects and conduct site visits. Any such audits or inspections shall be conducted in such manner and at such times so as not to unreasonably interfere with the day-to-day operation of the parties. e. The County may amend the terms of this agreement from time to time, as it may deem necessary. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their respective and duly authorized officers on the date hereinabove first mentioned. 3 193 ATTEST: Harvey Ruvin, Clerk ATTEST: Oity/TownMIIage Clerk (Official Seal) MIAMI-DADE COUNTY, FLORIDA By: __________ _ Carlos A. Gimenez, Mayor MUNICIPALITY OF ----FLORIDA 4 194 Cityrr ownMIIage Manager (Date) MUNICIPAL PARKING FINES REIMBURSEMENT PROGRAM AFFIDAVIT State of Florida, County of ______ _ BEFORE ME, the undersigned Notary, [name of Notary before whom affidavit is sworn], on this -------[day of month] day of [month], 20 __ , personally , appeared [name of affiant], known to me to be a credible person and of lawful age, who being by me first duly sworn, on [his or her] oath, deposes and says: The municipal parking fines funds reimbursed shall be used to improve accessibility and equal opportunity to qualified persons who have disabilities in the municipality and to conduct public awareness programs in the municipality concerning persons who have disabilities. If only a portion of the project or program is being· promoted to benefit people with disabilities, then only that portion of the project or program will be funded with these monies. The municipality shall return funds to the Clerk of the Board of Miami-Dade County Commissioners if the project is not successfully completed and allow the Miami-Dade County Internal Services Department to audit projects and conduct site visits. Any such audits or inspections shall be conducted in such manner and at such times so as not to unreasonably interfere with the day-to-day operation of the parties. [signature of affiant] 1 195 [typed name of affiant] [address of affiant, line 1] [address of affiant, line 2] State of Florida, County of-------- Sworn to (or affirmed) and subscribed before me this ___ day of _____ (month}, ___ (year), by ------------------------~, (name of person making statement). (Signature of Notary Public-State of Florida) Personally Known -----OR Produced Identification ----- Type of Identification Produced -------------------- ' 2 196 THIS PAGE INTENTIONALLY LEFT BLANK 197 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For Proposals (RFP)No. 0064-2013, For Audit Services Of Capital Improvement Projects. Key Intended Outcome Supported: Improve the City's overall financial health and maintain overall bond rating. Supporting Data (Surveys, Environmental Scan, etc: N/A Item Summary/Recommendation: The proposed audit will focus primarily on the City's capital projects. It should cover the review of the process the departments utilize to take a capital project from the beginning to final completion. In addition, it should include a review of capital improvement projects under the administration of the divisions within the Public Works Department. Internal controls over these processes should be reviewed for adequacy and effectiveness. The audit(s) will cover a three year period from October 1, 2009 through September 30, 2012. On December 12, 2012, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 064-2013 for Audit Services of Capital Improvement Projects. The RFP was issued on February 22, 2013, with an opening date of April4, 2013. The solicitation was advertised and notices were released to prospective proposers. Proposals were received from two (2) firms. On February 20, 2013, the City Manager via Letter to Commission (LTC) No. 166-2013, appointed an Evaluation Committee (the "Committee"). The Committee convened on June 12, 2013, to consider proposals received and interview proposing firms and submit a recommendation to the City Manager. After considering the review of the recommendation of the Committee, the City Manager exercised his due diligence and is recommending that the Mayor and the City Commission enter into negotiations with Marcum LLP; and should the administration not be successful in negotiating an agreement, authorizing negotiations with Resolution Management Consultants; and should the administration not be successful in negotiating an agreement, authorizing negotiations with, Crowe Horwath LLP. RECOMMENDATION ADOPT THE RESOLUTION Advisory Board Recommendation: Financial Information: Source of Amoun Funds: t 1 $85,000 ! t 2 OBPI Total $85,000 Financial Impact Summary: 011-0330-000312 City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 MIAMI BEACH 198 Account City JLM AGENDA ITEM --=C.:..._7:.....8:::.-_ DATE ]-/7-/?;; MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Matti Herrera Bower and M FROM: Jimmy L. Morales, City Manager DATE: July17,2013 COMMISSION MEMORANDUM SUBJECT: A RESOLUTION OF THE M OR AND CITY COMMISSION OF THE CITY OF MIAMI BEAC , FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO REQUEST FOR PROPOSAS (RFP) NO. 064-2013, FOR AUDIT SERVICES OF CAPITAL IMPROVEMENT PROJECTS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Improve the City's overall financial health and maintain overall bond rating. FUNDING Account Number: 011-0330-000312-Professional Services BACKGROUND The City has a Capital Improvement Plan which specifies financing and construction and/or acquisition for projects and priorities that require significant capital investment for a five-year period. This plan is updated annually and adopted by the City Commission. A capital project is defined as capital expenditures of $25,000 or more, resulting in the acquisition, improvement, or addition to fixed assets in the form of land, buildings, or improvements more or less permanent in character, and durable equipment with a life expectancy of at least five years. The City handles a significant amount of capital improvement projects. The majority are administered under the City's Capital Improvement Projects (CIP) Office. However, other departments such as the Public Works Department (including the Property Management Division), the Parks and Recreation Department, and the Convention Center also administer capital improvement projects within the City. The City established the CIP Office in 2001 to serve as a focal point for the planning and construction management activities associated with the extensive capital projects work being funded by the authorized General Obligation, Water and Sewer, and Storm Water Bonds funding at the time. The total value of the City's capital improvement program has grown from approximately $400 million to over $1.2-Billion, including about 300 completed projects. The Cl P Office is presently managing over 170 active projects through their project life cycle. Although the CIP Office has been supported in the past by Program Manager firms (H&S and URS), those services were gradually reduced and eventually phased out during Fiscal Year 2008/09. With active projects valued at approximately $700M, the CIP Office will face its biggest challenge, to advance the majority of these projects, including the recently acquired Capital Renewal and Replacement projects, to completion within the next five years. 199 Commission Memorandum-RFP #064-2013 Audit Services of Capital Improvement Projects July 17, 2013 Page2 CIP staff is comprised of departmental administration, project managers with different levels of experience and responsibility, financial managers, field inspectors, community information coordinators and administrative personnel. Other City Departments also provide management of some specialized projects. For example, the Public Works Department provides construction management for environmental projects and some utility projects, while the Parks and Recreation Department provides management of some landscaping projects. The proposed audit will focus primarily on the City's capital projects. It should cover the review of the process the departments utilize to take a capital project from the beginning to final completion. In addition, it should include a review of capital improvement projects under the administration of the divisions within the Public Works Department. Internal controls over these processes should be reviewed for adequacy and effectiveness. The audit(s) will cover a three year period from October 1, 2009 through September 30, 2012. RFP PROCESS On January 16, 2013, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 064-2013 for Audit Services of Capital Improvement Projects (RFP). RFP No. 064-2013 was issued on February 22, 2013, with an opening date of April 4, 2013. A pre-proposal conference to provide information to the proposers submitting a response was held on March 6, 2013. Six (6) prospective proposers downloaded the solicitation from The Public Group. Additionally, the Procurement Division notified 31 additional proposers via e-mail, which resulted in the receipt of the following four (4) responsive proposals: 1. Crowe Horwath LLP 2. Marcum LLP 3. Resolution Management Consultants, Inc. 4. RW Block Consulting, Inc. On May 7, 2014, the City Manager via Letter to Commission (LTC) No. 166-2013, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Peter Savineau, Accountant, Resident and Neighborhood Leadership Academy Graduate. • Lea Reich, Accountant, Resident and Neighborhood Leadership Academy Graduate. • Max Berney, Architect, Resident and Neighborhood Leadership Academy Graduate. • Reyna Tamayo, Accountant, Resident and Neighborhood Leadership Academy Graduate. • Allison Williams, Chief Accountant, City of Miami Beach Finance Department. • Laura Franco-Rubines, Assistant Internal Auditor, City of Miami Beach OBPI/Internal Audit. • Maria Cerna, Senior Capital Project Coordinator, City of Miami Beach CIP. The following individuals were appointed as alternates: • Douglas Seaman, Assistant City Engineer, City of Miami Beach Public Works. • Christi Cvijanovic, Architect, Resident and Neighborhood Leadership Academy Graduate. Lea Reich and Max Berney, both residents, were not able to attend the meeting. Christi Cvijanovic, also a resident, was added to the committee as a replacement. Laura Franco- Rubines, Assistant Internal Auditor, City of Miami Beach OBPI/Internal Audit, was unable to 200 Commission Memorandum -RFP #064-2013 Audit Services of Capital Improvement Projects July 17, 2013 Page 3 attend the evaluation meeting and was replaced by James Sutter, Internal Auditor, City of Miami Beach OBPI/Internal Audit. The Committee convened on June 12, 2013, to consider proposals received. In addition to the proposals received, the Committee was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government in the Sunshine Law. The Committee was also provided with general information on the scope of services, Performance Evaluation Surveys, and additional pertinent information from all responsive proposers. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP, which was as follows: Evaluation Criteria/Factors: Weight 1. Firm's Experience in Auditing Services on Similar Type Projects 20 points 2. Qualifications of Project Team on Similar Type Projects 20 points 3. Methodology and Approach 20 points 4. References Provided by Prior Clients 15 points 5. Fees 25 points Additional points, over the aforementioned potential points were to be allocated, if applicable and in accordance to following ordinances. LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. No proposer was eligible for Local preference. VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. One (1) proposer was eligible for Veterans preference. The Committee discussed the proposers' qualifications, experience, and competence, and further scored and ranked the proposers accordingly. The Committee's preliminary rankings are as follows: PRELIMINARY COMMITTEE RAN KINGS Resolution Management Consultants, Inc. Marcum LLP Crowe Horwath LLP R W Block Peter Savinea u Consultin , Inc. 69 Reyna Tamay 0 Christi Cvijanovi c Maria Cern a Allison William s Jame s Sutter Low Aggregat e Totals After the all the scores were tallied, Resolution Management Consultants Inc., and Marcum LLP, tied with twelve (12) low aggregate totals. In order to break the tie, the Committee deliberated on the scores received and the qualifications of each firm. Following Committee deliberations, a motion was presented by the Committee Chair, James Sutter, and seconded 201 Commission Memorandum-RFP #064-2013 Audit Services of Capital Improvement Projects July 17, 2013 Page 4 by Maria Cerna, that the committee recommend that the Administration enter into negotiations with Resolution Management Consultants Inc.; and should negotiations not be successful with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Marcum LLP; and should the Administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Crowe Horwath LLP. The motion presented by Mr. Sutter failed. Following the failure of the first motion, the Committee discussed that: the proposed price submitted by Resolution Management Consultants Inc., was subject to assumptions and limitations which could result in the final proposed price to increase substantially; that Resolution Management Consultants, is not registered to do business in the State of Florida, meaning they might not know the laws of the state; and that Resolution Management Consultants was proposing a subcontractor and the committee was not comfortable with this arrangement as there was no indication in their proposal that they are previously work together to provide similar services as both firms were located in different states. A second motion was made by Committee member Peter Savineau, and seconded by Allison Williams, that the Administration: enter into negotiations with Marcum, LLP; and should negotiations not be successful with this firm, authorizing negotiations with Resolution Management Consultants; and should negotiations not be successful with this firm, authorizing negotiations with, Crowe Horwath LLP. The motion presented by Mr. Savineau passed, with four (4) committee members in favor and two (2) against. Following the successful motion presented by Mr. Savineau, Committee Member Christi Cvijanovic presented a third motion, which was seconded by Maria Cerna, that the Committee rescind the previous successful second motion and recommend that: that the Administration enter into negotiations with Resolution Management Consultants Inc.; and should negotiations not be successful, authorizing negotiations with, Marcum LLP; and should the Administration not be successful in negotiating an agreement, authorizing negotiations with Crowe Horwath LLP. The motion presented by Ms. Cvijanovic failed. MARCUM LLP PROFILE Marcum LLP was established in 1951 and is one of the largest independent public accounting and advisory firms in the nation with over 1,100 professionals, including more than 125 partners, in twenty (20) offices throughout the United States. Their spectrum of services include: assurance, advisory, and tax services along with information system capabilities. Related services for governmental services include GFOA Certificate of Achievement for Excellence in Financial Reporting Program; experience in financial and single audits; and construction audit and assurance services. Marcum is proposing to complete the services in a three (3) month period. Marcum's public sector services' is one of its primary sectors and focuses on local governments, not for profit organizations and other governmental entities. Marcum is a premier provider of construction audit, tax and consulting services. Marcum's fee proposal assuming a risk assessment of "high" (sample size = 102 contracts) is $83,1 00; and their fee proposal assuming a risk assessment of "low" (sample size = 71 contracts) is $67,840. Marcum listed the following audits related to construction projects: • University of Connecticut, Audit Construction Expenditures, 2007 -2010 • Connecticut State University, Audit Construction Program, 2009-2011 202 Commission Memorandum -RFP #064-2013 Audit Services of Capital Improvement Projects July 17, 2013 Page 5 RESOLUTION MANAGEMENT CONSULTANTS, INC. Resolution Management Consultants, Inc. (RMC) is a nationally consulting firm providing services related to construction project management, construction claims avoidance, contract compliance audit, forensic construction scheduling and claims analysis/dispute resolution to a variety of clients in the construction industry. Founded in 1993 by veterans in the construction contracting and engineering professions, RMC staff includes firm principals and senior staff who are registered professional engineers, certified cost engineers, accredited LEED professionals, certified forensic claims consultants, and established testifying experts who have participated in settlement conferences, mediation, arbitration and trial. Their sub- consultant, DavisWren CPA & Associates, Inc., is a full service CPA firm and a veteran owned small business, domiciled in the State of Florida that offers an array of accounting and consulting services. DavisWren professionals have extensive auditing experience (both external and internal) and specific industry experience including government, construction, transportation and distribution, manufacturing, publicly traded companies, and non-profit organizations. RMC is proposing an audit schedule to last nine (9) weeks from the kickoff meeting to the final report assuming that documentation is made available and interviews are scheduled as outline in their proposal. They are proposing a fee of $74,300. Nevertheless, the proposed price is subject to the numerous assumptions and limitations as outlined in their proposal such as: City to appoint a primary point of contact who will work with their team to facilitate requests; that the work can be completed within the allotted nine (9) week time frame; that there will be one draft, review and finalization round for the report; additional rounds of review and modifications will be billed on an hourly basis based upon the rates quoted; travel and expenses based upon the approached outline in the scope of work. Should work extend beyond the 9 week schedule, additional trips will likely prove necessary and will be reimbursed at cost with a 10% markup; work in addition to scope described in their proposal or extending beyond the 9 week schedule will be billed at the hourly rates included in the cost proposal. MANAGER'S DUE DILIGENCE After considering the review of the recommendation of City staff, the City Manager exercised his due diligence and is recommending that the Mayor and the City Commission enter into negotiations with Marcum LLP; and should the administration not be successful in negotiating an agreement, authorizing negotiations with Resolution Management Consultants, Inc.; and should the administration not be successful in negotiating an agreement, authorizing negotiations with, Crowe Horwath LLP. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to request for proposals (RFP) No. 064-2013 for Audit Services of Capital Improvement Projects; authorizing the administration to enter into negotiations with Marcum LLP; and should the administration not be successful in negotiating an agreement, authorizing negotiations with Resolution Management Consultants, Inc.; and should the administration not be suc~sful in negotiating an agreement, authorizing negotiations with Crowe Horwath LLP. JLM I Kde1AO I LR T:\AGENDA\2013\July 17\RFP 064-2013 Audit Services of Capital improvement Projects-Memo Final. doc 203 RESOLUTION TO BE SUBMITTED 204 THIS PAGE INTENTIONALLY LEFT BLANK 205 COMMISSION ITEM SUMMARY Condensed Title· . A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Accepting the Recommendation of the City Manager Pertaining to the Ranking of Firms, Pursuant to Request for Proposals (RFP) 065-2013TC, for Emergency Management Administrative Suooort Services. Key Intended Outcome Supported: Maximize efficient delivery of services Supporting Data {Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that Nine out of ten residents (89%) rated emergency medical response as excellent or good, compared to 96% of residents who did so in 20091. Positive ratings in 2005 were also slightly higher (90%) than in 2012. Residents in South Pointe (83%) gave the fewest positive ratings to emergency medical response, while North Beach residents (93%) gave more positive ratinas than residents from all other zones. Issue: I Shall the City Commission approve the resolution? Item Summary/Recommendation: Over the past several years, the City has experienced several disaster events, with the most significant events occurring in 2005, during Hurricanes Katrina and Wilma. While City staff provided the entire support for the preparation of claims, recovery of costs, administration of projects, appeals, and audits, the completion of these tasks took significant resources away from employees' normal duties. The City has recovered to date a total of $1,666,663 and $8,710,396 from the Federal Emergency Management Agency (FEMA) for Hurricanes Katrina and Wilma respectively. The selected consultant will provide the City with services designed to support emergency management administrative needs with preparedness, mitigation, response and recovery associated with disaster related events. This support will facilitate the maximization of federal and other funding, and to help the City retain these funds during subsequent project closeouts and audits. Request for Proposals (RFP) No. 065-2013TC was issued on April 17, 2013, with an opening date of May 8, 2013. The pre-bid conference was held on April 24, 2013. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. The Public Group and Bid net issued bid notices to 26 and 36 prospective bidders respectively of which 16 and 6 accessed the advertised solicitation respectively. In addition, 42 vendors were notified via email, which resulted in the receipt of seven (7) proposals. On May 15, 2013, the City Manager via Letter to Commission (LTC) No. 176-2013, appointed an Evaluation Committee (the "Committee"). As a result, the Committee shortlisted the top three firms based on scoring and invited them to be interviewed on June 14, 2013. Upon completion of the interviews, the Committee discussed each prospective bidder's qualifications, experience, and competence to score and rank the firms. The Committee unanimously recommend that the Administration enter into negotiations with Tidal Basin Government Consulting, LLC as the primary emergency management firm and David M. Shapiro Disaster Recovery Consultants, Inc. as the secondary firm. RECOMMENDATION After considering the review and recommendation of the Committee, the City Manager exercised his due diligence and carefully considered the specifics of this RFP 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, Tidal Basin Government Consulting, LLC as the primary emergency management firm and David M. Shapiro Disaster Recovery Consultants, Inc. as the secondary emergency management firm; and further authorize the Mayor and City Clerk to execute an agreement for emergency management administrative support services upon the conclusion of successful negotiations. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: OBPI 1 Amount N/A MIAMI BEACH er 206 Account AGENDA tTEM ___;::C;__7..;,__C. __ DATE 7-(7-/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M DATE: July 17, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 065-2013TC, FOR EMERGENCY MANAGEMENT ADMINISTRATIVE SUPPORT SERVICES. ADMINISTRATION RECOMMENDATION Approve the Resolution. KEY INTENDED OUTCOME SUPPORTED Maximize efficient delivery of services. BACKGROUND Over the past several years, the City has experienced several disaster events, with the most significant events occurring in 2005, during Hurricanes Katrina and Wilma. While City staff provided the entire support for the preparation of claims, recovery of costs, administration of projects, appeals, and audits, the completion of these tasks took significant resources away from employees' normal duties. The City has recovered to date a total of $1,666,663 and $8,710,396 from the Federal Emergency Management Agency (FEMA) for Hurricanes Katrina and Wilma respectively. SCOPE OF SERVICES The selected consultant will provide the City with services designed to support emergency management administrative needs with preparedness, mitigation, response and recovery associated with disaster related events. This support will facilitate the maximization of federal and other funding, and to help the City retain these funds during subsequent project closeouts and audits. The City is requesting support services from the consultant(s) in the following areas: • Support the undertaking of damage assessments to maximize recovery efforts; • Review eligibility issues, and work with the City to develop justifications for submission to FEMA and other applicable agencies; • Assist the City in developing an approach to filing and tracking eligible costs; • Assist in the preparation of project worksheets based upon actual I estimated costs provided by City departments; • Assist with identifying cost-effective mitigation opportunities and alternatives (Section 404 and 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act), and the preparation of documentation to secure funding; • Participate in meetings with FEMA, FOOT and the State to negotiate and formulate individual project worksheets and mitigation projects as needed; • Assist departments having difficulty with their project worksheet claims; 207 Commission Memorandum -RFP 065-2013TC -Emergency Management Support Services July 17, 2013 Page2 • Assist in determining if any eligible damages have not been identified and submitted for reimbursement; • Preparation of appeals; • Assist with final inspections, project closeouts and any OIG audits; • Assist with recovering costs from any other Federal and State agency programs; • Assist in long-term recovery planning guidance. RFP PROCESS Request for Proposals (RFP) No. 065-2013TC was issued on April 17, 2013, with an opening date of May 8, 2013. The pre-bid conference was held on April 24, 2013. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. The Public Group and Bidnet issued bid notices to 26 and 36 prospective bidders respectively of which 16 and 6 accessed the advertised solicitation respectively. In addition, 42 vendors were notified via email, which resulted in the receipt of the following seven (7) proposals: • Adjusters International, Inc. • AMEC Environment & Infrastructure, Inc. • David M Shapiro Disaster Recovery Consultants, Inc. • Integrated Solutions Consulting, Inc. • RW Management Group, Inc. • Tidal Basin Government Consulting, LLC • Witt Obrien's, LLC On May 15, 2013, the City Manager via Letter to Commission (LTC) No. 176-2013, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Michael Gruen, Planning and Research Manager, Police Department • Jonathan Parker, Resident and Police Citizens Relations Committee Member • Baruch Sandhaus, Resident and Safety Committee Member • James Sutter, Internal Auditor, OBPI • Charles Tear, Emergency Management Coordinator, Fire Department The following individuals as were listed as alternates: • Sgt. Alejandro Bello, Police Department and Police Citizens Relations Committee Member • Mark Coolidge, Senior Auditor, OBPI • Calvin Kohli, Resident and Safety Committee Member • Oren Lieber, Resident and Safety Committee Member • Marcella Paz Cohen, Resident and Safety Committee Member • Irene Valines, Resident and Safety Committee Member On May 30, 2013, the Committee convened to review and discuss the responsive proposals and nominated Charles Tear as Committee Chair. The Committee evaluated each proposal based on the following criteria noted in the RFP: • 25 Points -Fees • 20 Points -Firm's experience in providing emergency management support services for similar type disaster events • 20 Points -Qualifications of Project Team on similar type disaster events 208 Commission Memorandum-RFP 065-2013TC-Emergency Management Support Services July 17, 2013 Page3 • 20 Points -Methodology and approach • 15 Points -References provided by prior clients As a result, the Committee shortlisted the top three firms based on scoring and invited them to be interviewed on June 14, 2013. Upon completion of the interviews, the Committee discussed each prospective bidder's qualifications, experience, and competence to score and rank the firms as provided below. The Committee unanimously recommend that the Administration enter into negotiations with Tidal Basin Government Consulting, LLC as the primary emergency management firm and David M. Shapiro Disaster Recovery Consultants, Inc. as the secondary firm. COMPANY PROFILES Tidal Basin Government Consulting, LLC (TBGC) is a full-service disaster management firm with extensive experience in FEMA disaster recovery programs and other state and federal programs. TBGC's team leader served as FEMA's Recovery Director and was responsible for implementing FEMA's public assistance program to over 100 federally declared disasters nationwide. Overall, this firm specializes in FEMA public assistance and individual assistance programs, hazard identification and mitigation grant management, compliance, tracking, closeout, auditing, planning, and training services for both natural and technological disasters. Since 1997, David M. Shapiro Disaster Recovery Consultants, Inc. (OMS) has worked on over 10,000 projects in multiple states assisting clients in recovering over $6.5 billion from FEMA and other funding sources. OMS specializes in disaster preparedness, mitigation, responsce, and recovery. Also, OMS's project manager formerly services as the Public Assistance Infrastructure Branch Director for the Florida Long Term Recovery Office. 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 RFP 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, Tidal Basin Government Consulting, LLC as the primary emergency management firm and David M. Shapiro Disaster Recovery Consultants, Inc. as the secondary emergency management firm; and further authorize the Mayor and City Clerk to execute an agreement for emergency management administrative support services upon conclusion of successful negotiations. CONCLUSION The Administration recommends that the Mayor and City Commission adopt a resolution accepting the recommendation of the City Manager pursuant to Request for Proposals (RFP) No. 065-2013TC, for emergency management administrative support services; and authorizing the Administration to enter into negotiations with the top-ranked firm, Tidal Basin Government Consulting, LLC as the primary firm.; and second-ranked firm, David M. Shapiro Disaster Recovery Consultants, Inc. as the secondary firm; and further authorizing the Mayor and City Clerk to execute and agreement upon conclusion of successful negotiations. JLM/KGB/JS/AD 209 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 065-2013TC, FOR EMERGENCY MANAGEMENT ADMINISTRATIVE SUPPORT SERVICES. WHEREAS, on January 16, 2013, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 065-2013TC, for emergency management administrative support services; and WHEREAS, the RFP was issued on April 17, 2013, with an opening date of May 8, 2013; and WHEREAS, a pre-bid conference was held to provide information to prospective proposers was held on April 24, 2013; and WHEREAS, the Public Group and Bidnet issued bid notices to 26 and 36 prospective bidders respectively of which 16 and 6 accessed the advertised solicitation respectively; in addition, 42 vendors were notified via email, which resulted in the receipt of the following seven (7) proposals: Adjusters International, Inc., AMEC Environment & Infrastructure, Inc., David M Shapiro Disaster Recovery Consultants, Inc., Integrated Solutions Consulting, Inc., RW Management Group, Inc., Tidal Basin Government Consulting, LLC, Witt Obrien's, LLC; and WHEREAS, on May 15, 2013, the City Manager via Letter to Commission (LTC) No. 176-2013, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Michael Gruen, Planning and Research Manager, Police Department • Jonathan Parker, Resident and Police Citizens Relations Committee Member • Baruch Sandhaus, Resident and Safety Committee Member • James Sutter, Internal Auditor, OBPI • Charles Tear, Emergency Management Coordinator, Fire Department; and WHEREAS, in addition to those noted in the LTC, the following individuals were proposed as alternates: • Sgt. Alejandro Bello, Police Department and Police Citizens Relations Committee Member • Mark Coolidge, Senior Auditor, OBPI • Calvin Kohli, Resident and Safety Committee Member • Oren Lieber, Resident and Safety Committee Member • Marcella Paz Cohen, Resident and Safety Committee Member • Irene Valines, Resident and Safety Committee Member WHEREAS, on May 30, 2013, the Committee convened to review and discuss the responsive proposals and shortlisted the three (3) top-ranked firms: David M Shapiro Disaster Recovery Consultants, Inc., Tidal Basin Government Consulting, LLC, and Witt Obrien's, LLC; and 210 WHEREAS, on June 14, 2013, the Committee reconvened to interview each proposer, and upon completion of the interviews, the Committee discussed each prospective bidder's qualifications, experience, and competence to score and rank the firms and unanimously recommend that the Administration enter into negotiations with Tidal Basin Government Consulting, LLC as the primary emergency management firm and David M. Shapiro Disaster Recovery Consultants, Inc. as the secondary firm; and WHEREAS, after considering the review and recommendation of the Evaluation Committee, the City Manager exercised his due diligence and recommends that the Mayor and City Commission adopt a resolution to enter into negotiations with the top-ranked firm, Tidal Basin Government Consulting, LLC as the primary emergency management firm and David M. Shapiro Disaster Recovery Consultants, Inc. as the secondary emergency management firm; and further authorize the Mayor and City Clerk to execute an agreement for emergency management administrative support services upon conclusion of successful negotiations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for Proposals (RFP) No. 065-2013TC, for emergency management administrative support services; and authorizing the Administration to enter into negotiations with the top-ranked firm, Tidal Basin Government Consulting, LLC as the primary firm.; and second-ranked firm, David M. Shapiro Disaster Recovery Consultants, Inc. as the secondary firm; and further authorizing the Mayor and City Clerk to execute and agreement upon conclusion of successful negotiations. PASSED AND ADOPTED THIS ___ DAY OF ____ 2013. ATTEST: CITY CLERK MAYOR 211 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Authorizing The Mayor And City Clerk To Execute Amendment 25 To The Professional Service Agreement Between The City Of Miami Beach, Florida, And CH2M Hill For The Professional Landscape, Architectural And Engineering Services For The Right-Of-Way Infrastructure Improvement Program For Neighborhood No. 8 Bayshore And Sunset Islands, Dated May 161h, 2001 (The Agreement), For Additional Design Services And For Additional Eight (8) Months Of Construction Administration Services, In The Negotiated Not-To- Exceed Amount Of $443,861, And $5,000 For Reimbursable Expenses, For A Grand Total Not-To-Exceed Amount Of $448,861, With Previously Appropriated Funding. Key Intended Outcome Supported: Ensure Well Maintained Infrastructure and Ensure Well Designed, Quality Capital Projects. Supporting Data (Surveys, Environmental Scan, etc.): Ensure value and timely delivery of a quality capital project. Issue: I Shall the City Commission approve the amendment to the design contract? Item Summary/Recommendation: On May 16, 2001, the City of Miami Beach approved and authorized the execution of an agreement with CH2M Hill, Inc. (CH2M) for planning, design, and construction administration professional services for the Bayshore and Sunset Islands Neighborhood No. 8 Right-of-Way Infrastructure Improvements Project. On January 19, 2011, the City of Miami Beach adopted Resolution No. 2011-27587, approving and authorizing the Mayor and City Clerk to execute a contract with Lanzo Construction Co. (LCC), pursuant to invitation to Bid 18-09/10, for right-of-way infrastructure improvement program Neighborhood No. 8 -Central Bayshore (Package A) and Lake Pancoast (Package C). The project scope of work included installation of a new water main to upgrade the existing 6 inch water main, drainage installation, roadway paving and restoration, concrete sidewalk, and landscaping. On July 18, 2012, the Mayor and City Commission adopted Resolution No. 2012-27972, approving the amendment to the BOOR for the Bayshore Right of Way improvement project to include the implementation of the items agreed to by the City for Home Owners Association (HOA) requests, provide additional storm water upgrades including valley gutters to the area known as Zone 4 in the BOOR, as well as complete milling and resurfacing of the roadway in lieu of an asphalt overlay. Since the execution of the original Agreement on May 16, 2001, there have been a total of twenty-four (24) amendments which have been either adopted by the City Commission or administratively approved. Amendment No. 25 is being presented herein for approval by the Mayor and City Commission. The construction schedule of the project has been extended for a period of approximately eight (8) months. This is due to extensions of time awarded to the contractor via change orders for additional work, rain delays, and additional scope as detailed in Resolution No. 2013-28162. In order to extend CH2M Hill's services beyond the original Contract time, it will be necessary to approve the cost for additional construction administration services. CH2M Hill's construction administration services will include ongoing participation in the critical aspects of the project, coordination between the City, its Consultants and Contractors, project certification, and close out. Throughout the project of Central Bayshore there have been impacts to the design due to unforeseen conditions in the field and owner requests that warrant localized modifications to the existing design. These revisions to the existing plans and the submittal of revised permits have been completed. The fee being requested by CH2M HILL for these tasks reflects a negotiated, not to exceed amount of $443,861, and an additional amount of $5,000 for reimbursable expenses, for a total amount of $448,861. A detailed breakdown of the scope of services and fee is included herein as Amendment No. 25. The Administration recommends that the Mayor and City Commission approve the resolution. Advisory Board Recommendation: I N/A Amount Account 1 $403,975 Storm Water Bond 2011 Series #431-2205-061357 2 $44,886 Water & Sewer-Gulf Breeze #423-2205-061357 Total $448,861 MIAMI BEACH 212 DATE 7-l]-j) C7D 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 ity Commission FROM: Jimmy L. Morales, City Manager DATE: July17,2013 SUBJECT: A RESOLUTION OF THE MA R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, P VIDING AUTHORIZATION TO THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 25 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND CH2M HILL, INC. FOR THE PROFESSIONAL LANDSCAPE, ARCHITECTURAL AND ENGINEERING SERVICES FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROGRAM FOR NEIGHBORHOOD NO. S BAYSHORE AND SUNSET ISLANDS, DATED MAY 16, 2001 (THE AGREEMENT), IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $443,S61 FOR ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES, FOR A PERIOD OF EIGHT (S) MONTHS AND FOR ADDITIONAL DESIGN SERVICES FOR THE RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS FOR THE CENTRAL BAYSHORE NEIGHBORHOOD NO. SA PACKAGE; AND $5,000 FOR REIMBURSABLE EXPENSES, FOR A GRAND TOTAL NOT-TO-EXCEED AMOUNT OF $44S,S61; WITH PREVIOUSLY APPROPRIATED FUNDING. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure Value and Timely Delivery of Quality Capital Projects. FUNDING Funding in the amount of $448,861 has been previously appropriated in the Capital Budget as follows: Central Bayshore Neighborhood -SA: $403,975 2011 Storm water Bonds, Account #431-2205-061357 $ 44.886 Gulf Breeze -Water &Sewer Series 2006, Account #423-2205-061357 $44S,S61 Total (BP-SA) BACKGROUND On May 16, 2001, the City of Miami Beach (City) adopted Resolution No. 2001-24387, approving and authorizing the execution of an agreement with CH2M Hill, Inc. (CH2M Hill) for professional services for the Right-of-Way (ROW) Infrastructure Improvements Program for Neighborhood No. 8 -Bayshore and Sunset Islands project pursuant to Request for Qualifications (RFQ) No. 134-99/00. The agreement was for planning, design, and construction administration services for the collective Bayshore Neighborhoods which was originally one (1) project and was subsequently separated into five (5) individual projects via amendments to the original agreement. These five projects included Central Bayshore 213 Commission Memorandum Central Bayshore Package A-CH2MHILL -Amendment No. 25 July 17, 2013 Page 2 of3 Neighborhood 8A (Package 8A), Lower North Bay Road Neighborhood 8B (Package 8B), Lake Pancoast Neighborhood 8C (Package 8C), and the Sunset Islands (Packages 80 and 8E). On April 9, 2003, the City Commission approved the Basis of Design Report (BOOR), completed and submitted by CH2M Hill for the Neighborhood No. 8 Bayshore I Sunset Islands Project. This BOOR was the culmination of a comprehensive planning effort that included input from and reviews by residents, various City Departments, and the Design Review Board (ORB). On January 19, 2011, the City of Miami Beach adopted Resolution No. 2011-27587, approving and authorizing the Mayor and City Clerk to execute a contract with Lanzo Construction Co. (LCC), pursuant to invitation to Bid 18-09/10, for right-of-way infrastructure improvement program Neighborhood No. 8 -Central Bayshore (Package A) and Lake Pancoast (Package C). The project scope of work included installation of a new water main to upgrade the existing 6 inch water main, drainage installation, roadway paving and restoration, concrete sidewalk, and landscaping. The project time in the contract called for a total of 730 calendar days. The first Notice to Proceed (NTP-1) was issued to LCC on August 19, 2011. The Pre- Construction conference took place on October 26, 2011 and the second Notice to Proceed (NTP-2) was issued on October 31, 2011. The project has a 24 month schedule and is currently at 60% completion. On July 18, 2012, the Mayor and City Commission adopted Resolution No. 2012-27972, approving the amendment to the BOOR for the Bayshore Right of Way improvement project to include the implementation of the items agreed to by the City for Home Owners Association (HOA) requests, provide additional storm water upgrades including valley gutters to the area known as Zone 4 in the BOOR, as well as complete milling and resurfacing of the roadway in lieu of an asphalt overlay. Since the execution of the original Agreement on May 16, 2001, there have been a total of twenty-four (24) amendments which have been either adopted by the City Commission or administratively approved. Lists of all previous Amendments are being attached as part of Exhibit A. Amendment No. 25 is being presented herein for approval by the Mayor and City Commission. ANALYSIS Construction Administration (CA) Services: The original contract time for Construction Administration Services to CH2M Hill was for a period of twenty-six (26) months commencing upon the second notice to proceed issued to LCC on October 31, 2011. The construction schedule of the project has been extended for a period of approximately eight (8) months. This is due to extensions of time awarded to the contractor via change orders for additional work, rain delays, and additional scope as detailed in Resolution No. 2013-28162. In order to extend CH2M Hill's services beyond the original Contract time, it will be necessary to approve the cost for additional construction administration services. CH2M Hill's construction administration services will include ongoing participation in the critical aspects of the project, coordination between the City, its Consultants and Contractors (LCC and Atkins North America, Inc), project certification, and close out. These services are further detailed in Amendment No. 25 (Exhibit B). 214 Commission Memorandum Central Bayshore Package A-CH2MHILL -Amendment No. 25 July 17, 2013 Page 3 of 3 Design Modifications: Throughout the project of Central Bayshore there have been impacts to the design due to unforeseen conditions in the field and owner requests that warrant localized modifications to the existing design. These changes include modifications to the water main, streetscape, and storm water facilities in the Central Bayshore area. These revisions to the existing plans and the submittal of revised permits have been completed except for Prairie Avenue modifications. SUMMARY The fee being requested by CH2M Hill for design modifications including reimbursable expenses, additional permitting services, and construction administration services is $448,861. The breakdown by task is summarized below. Amendment No. 25-CH2MHILL Task Amount $142 749 1-Central Bayshore Design Modifications $1,500 $27,112 2-Prairie Avenue Modifications $500 $25,000 $500 $224,000 4-Construction Administration Services $2,000 5-Miscellaneous Services (Allowance) 500 $25,000 $448,861 CONCLUSION The Administration recommends that a Resolution of the Mayor and Commission of the City of Miami Beach, Florida, authorizing the Mayor and City Clerk to execute Amendment No. 25 to the professional services agreement between the City of Miami Beach, Florida, and CH2M Hill, Inc. for the professional landscape, architectural and engineering services for the right-of-way infrastructure an existing Agreement between the City of Miami Beach and CH2M Hill, dated May 16, 2001, for a period of eight (8) months, to provide additional Contract Administration Services for the Bayshore Neighborhood No. 8A-Central Bayshore right of way project in the negotiated, not to exceed amount of $443,861, and an additional amount of $5,000 for reimbursable expenses, for a total amount of $448,861, with previously appropriated funding. Attachments: Exhibit A: Amendments Summary Exhibit B: Amendment No. 25-Scope of Services-CH2M Hill JLM/MT/DM/DF T:\AGENDA\2013\July 17\Bayshore\CH2MHILL-Amendments No. 25-MEMO.docx 215 Exhibit Prior List Approved Amendments Original Contract Value $133,174 Amendment No.1 $1,913,302 Amendment No.2 $0 Amendment No.3 $12,850 Amendment No.4 $2,500 Amendment No.5 $55,863 Amendment No.6 $372,230 Amendment No.7 $58,128 Amendment No.8 $24,900 Amendment No.9 $3,200 Amendment No.1 0 $8,680 Amendment No.11 $10,400 Amendment No.l2 $142,955 Amendment No.13 $22,156 Amendment No.14 $15,403 AmendmentNo.15 $2,145 Amendment No.16 $2,947 Amendment No.17 $1 Amendment No.l8 $15,196 Amendment No.19 $108,000 Amendment No.20 $0 Amendment No.21 $198,718 Amendment No.22 $700,000 Amendment No.23 $207,841 Amendment No.24 $13,988 Total Contract $4,039,920 May 16, 2001, the Mayor and City Commission adopted Resolution No. 2001 87 approving and authorizing the Mayor and City Clerk to execute an agreement with the Consultant for professional services (the Agreement) for the Right-of-Way Infrastructure Improvements Program Neighborhood No. 8 Bayshore and Sunset Island project (the Project), pursuant to Request for Qualifications No. 134-99/00. The Agreement provides. for the detailed planning services for various streetscape, landscape, and utility improvements within the Bayshore and Sunset Island Neighborhoods and planning effort for the Bayshore and Sunset Island neighborhoods has been completed and detail design activities are underway. Page 1 of 5 216 Exhibit A Amendment No.1: December 10, 2003, the Mayor and City Commission adopted Resolution No. 2003- 25432, Approving additional design services for planning, design, pennitting, bidding/award, and construction administrative services for the Bayshore and Sunset Island neighborhoods in the not-to-exceed amount of $1,913,302 and resulting in a revised contract fee of $2,046,476 . ..,. .. ,, .. .., .... _,.. .... ..,., .... No.2: February 24, 2005, the Agreement was administratively executed; to re-package Sunset Island 1 and 2 from Bid Package 8D to Bid Package 8B at no additional cost, resulting in not change to contract. r....,, .. .., .. ,.,. ...... ,,...., .... ,.No. November 8, 2005, the Agreement was administratively executed to include the completion of a topographic survey along Pine Tree Drive, from West 28th to West 40th Streets, along the east of the road, in the no-to-exceed amount of $12,850; resulting in a revised contract fee of $2,059,326 . .................. No. February 17, 2006, the Agreement was administratively executed to include the evaluation, permitting and preparation of construction cost alternative for the installation of curb/valley gutters to Sunset Islands 1 and 2, in the not-to-exceed amount of $2,500; resulting a revised contract fee of $2,061,826. Amendment No. February 16, 2006, the Agreement was executed to include the installation of four ( 4) drainage test wells to provide additional infonnation for preparation of a Letter of Reasonable Assurance to be submitted to the Florida Department of Environmental Protection (FDEP), as required in the pennit application for the Project, in the not-to-exceed amount $55,863; resulting in a revised contract fee of $2,117,689 . .C..J.JlJ.'IOJ..lUJ.JlJ...,J.JlL No. 6: September 6, 2006, the Mayor and City Commission adopted Resolution No. 2006- 26283, approving Amendment No. 6 to Agreement for the design of "P3 classified water main replacement required by the City's Public Works Department, in the not-to-exceed amount of $372,230: resulting in a revised contract fee of $2,489,919. Amendment No. 7: September 7, 2006, the Mayor and City Commission adopted Resolution No. 2006- 26283, approving Amendment No. 7 to the Agreement for design of bike lanes/routes required by the City's Public Works Department, in the not-to-exceed amount of $58,128; resulting in a revised contract fee of$2,548,047 . ..,.., .. .., ............... , ... No. 8: September 2006, the Agreement was administratively executed to include the design of alternative parking in the Lake Pancoast are, in the not-to-exceed amount of $24,900; resulting in a revised contract fee of $2,572,94 7. Page 2 of 5 217 Exhibit A No.9: September 9, 2006, the Agreement was administratively executed to include the design of road edge treatment to Sunset Islands 1 and 2, in the not-to-exceed amount of $3,200; resulting in a revised contract fee of$2,576, 147. No. September 9, 2006, the Agreement was administratively executed to include the design of resident requested modifications in the Lake Pancoast are; in the not-to- exceed amount of 8,680; resulting in a revised contract fee of $2,584,827. Amendment No. 11: August 6, 2007, the Agreement was administratively executed for an additional thirty seven (37) soil borings Sunset Island No. 1 to verifY underground utility services and potential conflicts, in the not-to-exceed amount $1 0,400; resulting in a revised contract fee of $2,595,227. No.12: April 11, 2007, the Mayor and City Commission adopted Resolution No. 2007- 26504, approving Amendment No.12 to the Agreement for additional services regarding verification of additional underground utilities to avoid conflicts in 1 03 boring sites along North Bay Road between Sunset Drive and Alton Road, in the not-to-exceed amount of$27,500; and 334 boring sites for Bid Package 8A-Central Bayshore, in the not-to-exceed amount of $94,675; and perform a traffic study at the intersection West 28 1h Street and Prairie Avenue, in the not-to-exceed amount of $20,780; all resulting in a revised contract fee of$2,738,182. Amendment No. December 20, 2007, the Agreement was administratively executed for additional services to expand the traffic study of alternative design concepts for the 28th Street and Prairie Avenue intersection (previously authorized under Amendment No. 12), in the not-to-exceed amount of $22,156; resulting in a revised contract fee of $2,760,338. Amendment No. December 20, 2007, the Agreement was administratively executed for additional services to implement miscellaneous design revisions to bike lanes, traffic tables, crosswalks, the 28th Street and Prairie A venue intersection, and water mains, in the not-to-exceed amount of $15,403; resulting in a revised contract fee of $2,775,741. Amendment No. 15: December 7, 2007, the Agreement was administratively executed additional services to prepare a re-application package for Historic Preservation Board for the Lake Pancoast Bid Package, in the not-to-exceed amount of $2,145; resulting in a revised contract fee of$2,777,886 . ..,. .. , ... ,., .... ,.u ... ,.,,,..,., No. 16: December 7, 2007, the Agreement was administratively executed for additional services for design services, preparation of materials, and attendance at a meeting with residents discussing options for the intersection of 28 1h Street and Prairie Avenue, in the not-to-exceed amount of $2,947; resulting in a revised contract fee of $2,780,833. Page 3 of 5 218 Exhibit A Amendment No. January 6, 2009, the Agreement was administratively executed for additional services for design services, preparation of materials and attendance at various Board and civic meetings discussing options on Sunset Islands No. 1 and in the not-to- exceed amount of $15,344; resulting in a revised contract fee of $2,796,177. Amendment No. January 6, 2009, the Agreement was administratively executed for additional services for design services necessary for the preparations of a technical memorandum evaluating the use of infiltration trenches in lieu of a storm water pump station in Lake Pancoast, in the not-to-exceed amount of $15, 196; resulting in a revised contract fee of $2,811,3 73. -...u .. ""•u .......... .,.u No. 19: October 14, 2009, the Mayor and City Commission adopted Resolution No. 2009- 27223 approving Amendment No. 19 to the Agreement which provided for additional design scope on Sunset Islands No. 3 and 4; in the not-to-exceed amount of $108,000. Amendment No. 20: April 13, 2011, the Mayor and City Commission adopted Resolution No. 2011- 27643, approving Amendment No. 20 to the Agreement to reallocate funds from construction administration to bidding and award services for the Neighborhood No. 8 Bayshore and Sunset Island, in the amount of $340,069.99, and decreasing the total construction administration budget from $3 71,441 to $31,3 71.01; resulting in no change to the overall contract fee. No.21: April 13, 2011, the Mayor and City Commission adopted Resolution No. 2011- 27644, approving Amendment No. 21, to the Agreement which provided additional services for design documents and permitting services to procure the DERM Removal Permits for the Bayshore Neighborhood No. 8 and Sunset Island Projects, to participate in value engineering, for design modification and associated re - permitting services to incorporate the level of service review comments, for a total not-to-exceed amount of $198,717.97; resulting in a revised contract fee of $3,118,090.97. Amendment No. October 2011, the Mayor and City Commission adopted Resolution No. 2011- 27682, approving additional Construction Administration services, for a period of twenty-six (26) months for the Bayshore Neighborhoods No. 8A, and 8C, Packages in the amount of $640,586 and $59,414, for reimbursable, for a grand total not-to- exceed amount of$700,000, resulting in a revised contract sum $3,818,090.97. No.23: July 18, 2011, the Mayor and City commission adopted Resolution 2012-27972, approving Amendment No. 23, to provide additional design services for proposed changes to the Basis Design Report for Neighborhood No.8 Bayshore/Sunset Page 4 of 5 219 Exhibit A Islands (BODR), as requested by the Central Bayshore Homeowner Association, as well as additional stormwater upgrades to the area known as Zone 4 for the Neighborhood No. 8A Packages, in the amount of $200,401, and $7,440 for reimbursable, for a grand total not-to-exceed amount of $207,841; resulting in a revised contract sum of $4,025,932. Amendment No. 24: September 19, 2011, the Acting City Manager Form Approved Amendment No. 24, to provide additional design services for replacement of the outfall off Lake Pancoast Drive and separate fire hydrant spacing drawings in a not-to-exceed amount of $12,948, and $1,040 for reimbursable, for a total not-to-exceed amount of $13,988, resulting in a revised contract sum $4,039,920. Page 5 of 5 220 B This Task Order Amendment when executed, shall be incorporated and shall become an integral part of the STANDARD AGREEMENT FOR PROFESSIONAL SERVICES, dated May 2001 between the City of Miami Beach (CITY) and CH2M HILL, INC. (CONSULTANT). The CITY is continuing implementation of a drainage and neighborhood improvements program in the vicinity of the Miami Beach Golf Club. Specifically, the Lower North Bay area is identified as Neighborhood No. 8 (Bayshore/Sunset Island community). Construction associated with Neighborhood No. 8, which includes infrastructure improvements including the stormwater drainage system and associated utility and roadway improvements has been underway for some time in the Central Bayshore and Lake Pancoast areas of the neighborhood. This work will help reduce stormwater discharge into Biscayne Bay, provide flood relief in the North Bay area and provide for neighborhood improvements. For the ease of construction management, Neighborhood No. 8 was divided into four packages by the CITY. These include: Package A -Central Bayshore Package B-Lower North Bay Road Package C -Lake Pancoast Package D -Sunset Islands This Task Order addresses: • Additional design modifications to meet CITY requested changes to the design of water main, streetscape and stormwater facilities in the Central Bayshore Area to alleviate neighborhood concerns, update the design to meet current conditions, and coordinate with proposed revisions to the Basis of Design Report (BODR). There are also numerous locations throughout the project area where a changed condition has occurred since the original design was completed, requiring localized modifications to the design. • Additional permitting services to update permits obtained to date that were based on the original design to include design modifications. The CITY desires to include the requested changes as part of the current project construction work. • Additional During Construction for what has been designated as Phase II of Package A-Central Bayshore Area only, including the gravity stormwater wells in 221 the Flamingo Road area. Resident Project Representative (RPR) or daily project construction inspection services will be provided by the CITY or by another consultant working in conjunction with. the CONSULTANT project team and the CITY -provided construction manager will provide ongoing supervision to the RPRs. This scope of services is based on the CITY providing the services of Atkins Engineering to provide construction management and construction observation services to adequately support CONSULTANT as the Engineer of Record for the project and a dedicated construction manager (CITY staff) for construction project to direct the inspection activities, coordinate with residents and other activities and in general provide assurance that the construction activities are proceeding in accordance with the contract documents. 1- CONSULT ANT will provide design services to update the construction documents and include the following changes to the design. The design changes are subject to the final approval of the City Public Works Department (DPW) and other authorities. It is anticipated that all project design changes will be incorporated into the existing construction contracts by change order: 1. Develop the criteria for the cleaning and restoration of the existing 6 inch diameter water main in Pinetree Drive (approximately 2900 linear feet). The additional work will be added to the existing construction contract drawings by change order. 2. Extend the water mains on West 28th, 30th and 31st Streets to connect with the water main along Pinetree Drive and eliminate the dead-end water mains. 3. Relocate the stormwater pump station on West 34th Street to avoid interference with a recently constructed driveway and garage. This was an unforeseen condition. Since the stormwater pump station will be located in the same general location, relocation will not result in any significant increase in construction cost. 4. Relocate the stormwater pump station on West 37th Street to avoid interference with a row of oak trees that have been planted in the right-of-way since the original design. This was an unforeseen condition. Since the stormwater pump station will be located in the same general location, but located in the street (subject to DPW approval), relocation will not result in any significant increase in construction cost. 5. Relocate the stormwater piping, as requested by the Parks Department (golf course), in Chase A venue along the golf course to avoid interference with screening vegetation tl1at has matured and grown in since the original design. 6. Provide combustible gas detectors in the design for all stormwater pumping stations. Combustible gas detectors are now required by changes in the National Electric Code that have been instituted since the original design work was completed, and the project bid for construction. The units will be incorporated into the project during submittal review and into the contract by change order. 2 222 7. Provide well pressure sensors at each pump station to alert DPW of dogged or well failure conditions. The unit<> will be incorporated into the project during submittal review and into the contract by change order. 8. Redesign the in the area between West 34th Street and West 40th Street to accommodate revised street widths as mandated by the homeowner's association. Redesign includes relocation of valley gutters, connection to drainage inlets and re- grading for surface water flow management. CONSULTANT will design the entire streetscape area between 34th and 40th and Chase and Sheridan as a result of changes to the street widths -all the grading, the connections to inlets, sections, paving, street markings, etc. 9. Redesign the intersection of Flamingo Drive and Pinetree Drive in accordance with the Florida Department of Transportation Safety Study -2007 High Crash List Locations provided by the CITY. 10. Redesign 4Qth Street from Chase A venue to Pinetree Drive to accommodate differing site conditions resulting from maturing vegetation, new signalization poles, drainage revisions and driveway modifications. Design will incorporate as many of the BODR provisions as possible. 11. Consultant will conduct a comprehensive review of the bid documents including bid items and quantities original and revised to incorporate all the new design changes into the existing contract documents. Change orders will use existing unit prices where appropriate to add and delete items from the contract as needed. Documentation for items not currently part of the construction contract will be developed for negotiation with the contractor. CONSULTANT will provide a cost estimate for the proposed design changes. • Design changes in this item refer to all the changes to phase one and all the additional design changes for Phase two that were not included in amendment "23". 12. Design modifications are required to avoid impacts to existing landscaping on the south side of NW 34th Street due to the construction of a stormwater pumping station. Two options are proposed to be considered by the City Of Miami Beach to mitigate the vegetation issue. Option No.1 provides relocation for the east well to a site within the existing driveway and a relocation of the west well. Option No. 2 provides a relocation of the east well to within the existing roadway along 34th Street and a relocation of the west well. Both options require associated changes include relocating the proposed passive relief manhole, electrical control panel, and stormwater piping. Both options propose design modifications in an attempt to limit the impact to the existing landscaping on the north side of NW 34th Street. The options proposed do not create added impact to the existing small trees located along the North side of 34th Street. Prior to modifying the design drawings, CONSULTANT will need approval from the CITY on proposed relocation concept and whether Option No. 1 or Option No. 2 is selected by the CITY. Once CITY approval is obtained, CONSULTANT will modify the required NW 34th Street drawings. Modifications are required to the Storm Water Plan and Profile Drawings and associated details 3 223 Deliverables: 1. Revised drawings showing the proposed design changes to be added to the current contract documents by change order. 2. Develop project change orders to incorporate design changes into the construction contract(s). 2-Avenue Remove the valley gutters on Prairie A venue and add concrete flumes to the drainage inlets from 28th Street to 40th Street. CONSULT ANT to revise the contract drawings accordingly to reflect the referenced modifications. In addition, CONSULTANT to update the Engineer's Opinion of Cost Estimate to reflect addition of concrete flumes to the drainage inlets from 28th Street to 4Qth Street. Deliverables: 1. Revised drawings showing the proposed contract documents by change order. changes to be added to the current 2. Develop project change orders to incorporate design changes into the construction contract(s). 3 -1-".0,I"n"UTT CONSULTANT will utilize funding in amendment "23" to cover permitting cost and activities, however, some proposed funding is a part of this amendment for additional miscellaneous permitting activities. Consultant will prepare or update as required, the permits affected by the proposed design changes. Specific activities will include: • Submit revised drawings, calculations, and permit application forms as required to CITY for their review. • Incorporate comments/revisions from CITY and then submit to the appropriate permitting authority. • Provide response to up to two (2) requests for additional information, if requested by the referenced permitting authorities. • Up to two (2) meetings with the referenced permitting authorities as required to facilitate permitting processes. • Incorporate comments/revisions from permitting authorities, if required. • CONSULTANT will communicate and coordinate with regulatory agencies as required to facilitate the permit approval process. The CITY will allow CONSULTANT to charge permitting activities to amendment "23". CONSULTANT will request additional funding if the projected permitting activities in amendment "23" and this amendment are exhausted. The permitting authorities that may affected by the proposed design changes include the following authorities. It is not expected that the proposed design changes will affect any of the stormwater, dewatering or environmental permits. 4 224 • City of Miami Beach Department of Public Works • Miami-Dade County Department of Regulatory and Economic Resources (RER) • Miami-Dade County Department of Public Works The CONSULTANT shall advise the CITY in writing when the anticipated labor has been expended, based on the above level of effort, so CITY may arrange for the issuance of requisite authorizations to the CONSULTANT to fund additional fees so that services remain uninterrupted. Deliverables: 1. Completed application forms or permit update requests. 2. All permit deliverables will include the appropriate number of signed and sealed full-size sets and half-size drawing sets as well as one electronic PDF. 4- CONSULTANT will furnish to the CITY, limited services during construction of Phase II Package A -Central Bayshore Area. These services are detailed below and describe the scope of work, deliverables, and completion schedules. The general construction phase services provided by CONSULTANT include the following basic activities: 1. Project Management for Package A -Central Bayshore Area (Phase II) 2. Specialty construction inspection services 3. Project Engineer services during construction 4. Providing Administrative and Technical Submittal Reviews 5. Providing Change Order Reviews for Package A -Cenh·al Bayshore Area (Phase II) 6. Preparing Substantial Completion Documents for Project Closeout for Package A - Central Bayhore Area (Phase II), final project close-out and certification. The minimum recommended staffing plan for City-provided staff for daily observation and construction management is as follows: • One CITY provided construction manager -available full-time for the duration of construction (8 months) • One CITY provided project assistant -half-time for the duration of the project (8 months) to manage contract documentation required for the CITY's project management and records. • At least one CITY (or other consultant) provided RPR' s or construction inspectors - onsite five (5) days per week for the duration of construction (8 months). Additional inspection services may be required during peak construction periods or as required by the contractor's schedule. CONSULTANT will perform following tasks associated with construction activities related to the construction of Package A -Central Bayshore Area (Phase II) project. CONSULT ANT 1s level of effort is based upon a construction duration period of 8 consecutive months for Package A -Phase II. 5 225 Sub-Task 4.1 ·Weekly Construction Meetings CONSULTANT shall attend and participate in weekly meetings with the CITY and CONTRACTOR for the Project. The purpose of these meetings shall be to review the status of construction progress, shop drawing submittals and contract document clarifications and interpretations. These meetings shall also serve as a forum for discussion of construction issues, potential changes/conflicts and any other applicable matters. For the purposes of estimating scope of services, weekly meeting attendance by the CONSULTANT be based on thirty-two (32) weekly meetings. At each meeting, the CONTRACTOR shall provide and present a two-week look-ahead work schedule to allow for proper coordination of necessary work efforts. The CITY shall prepare and distribute meeting minutes to all attendees and other appropriate parties in advance of subsequent meetings. The weekly meetings shall be attended by the CONSULTANT's project manager or designated representative. The CONSULTANT shall advise the CITY in writing when the anticipated labor has been expended, based on the above level of effort, so the CITY may arrange for the issuance of requisite authorizations to the CONSULTANT to fund additional fees so that services remain uninterrupted. Deliverables: 1. Attendance and participation in weekly progress meetings with Contractors. Schedule: Weekly throughout the project duration. Sub-Task 4.2 ·Requests for Information/Contract Document Clarification (RFis/CDCs) When a RFI/ CDC involves the interpretation of design issues or design intent, CONSULTANT may be requested by the CITY to prepare responses to RFis/CDCs. CONSULTANT will provide a written response in a timely manner, log, process, and distribute all RFis/CDCs requested by the CITY for response. The CITY will address any requests from residents. For the purposes of estimating this scope of services, CONSULTANT has included the evaluation of RFI/CDC's at the average rate of four (4) items per month for a total of thirty-two (32) RFI/CDC requests. The CONSULTANT shall advise the CITY in writing when the anticipated labor has been expended, based on the above level of effort, so the CITY may arrange for the issuance of requisite authorizations to the CONSULTANT to fund additional fees so that services remain uninterrupted. 1. Respond to RFlsjCDCs as requested by the CITY that involve interpretations. Schedule: Ongoing throughout project construction duration. 226 6 4.3 • Requests for to Construction and/or Changes may be the result of unforeseen conditions or interferences identified by the CONTRACTOR during the routine progress of work, inadvertent omissions (betterment) issues in the contract documents, or additional improvements requested by the CITY or CONSULTANT after the project bid date. CONSULTANT shall prepare an analysis of the change request indicating reasons for acceptance, references to applicable sections of the Contract Documents that validate or disclaim the change request, and if accepted, a statement noting that the requested cost/ schedule impacts are fair and reasonable. The CONSULT ANT will receive, log, and process all requests for project cost and/ or schedule changes from the CONTRACTOR. The CONSULTANT will perform an initial independent review of the change request as to relative merit prior to forwarding to the CITY. CITY will review CONSULTANT 1s analysis and upon acceptance, shall execute the change request and forward it to the CONTRACTOR, for processing. For purposes of estimating this scope of services, the CONSULTANT includes evaluation of change requests at the average rate of two (2) items per month for a total of sixteen (16) change order requests. The CONSULTANT shall advise the CITY in writing when the anticipated labor has been expended, based on the above level of effort, so the CITY may arrange for the issuance of requisite authorizations to the CONSULTANT to fund additional fees so that services remain uninterrupted. Deliverables: 1. Perform independent review of request for cost increase and/ or time extension. 2. Prepare change request documentation for CITY's use in Change Order preparations. 3. Participate in change request review meetings, with CITY and CONTRACTOR to resolve and/ or negotiate the equitable resolution of request; meeting coordination and scheduling will be the responsibility of the CITY. Schedule: Ongoing throughout project construction duration. of CONSULTANT shall review shop drawings and product submittals throughout the duration of the construction period. Within 10 working days from receipt at the CONSULTANT engineering office, the CONSULTANT shall review and return submittals to the CITY office. CITY will receive submittals from the CONTRACTOR, log, and distribute submittals to CONSULTANT for review. For the purposes of this scope of services, and considering that most submittals will have already been part of the ongoing project, the CONSULTANT assumes ten (10) shop drawing submittals for review. 7 227 Any submittals that are rejected and need to be resubmitted and reviewed will be considered a new submittal and will be counted towards the total number of submittals indicated above. A percentage of re-submittals are anticipated and are included in the totals above. The CONSULTANT shall advise the CITY in writing when the anticipated labor has been expended, based on the above level of effort, so the CITY may arrange for the issuance of requisite authorizations to the CONSULTANT to fund additional fees so that services remain uninterrupted. Deliverables: 1. Review shop drawings and product submittals and return them to CI1Y's office via E-Builder™. The CITY will reimburse the CONSULTANT for the E- Builder™ license for CONSULTANT use on this project. Schedule: Processing of Shop Drawings is ongoing throughout project construction duration. Sub-Task Field observation services by qualified RPR' s or construction inspectors will be provided by the CITY's consultant. The CITY will provide adequate, full-time, qualified construction RPR' s or construction inspectors for the duration of the projects such that the overall level of effort will allow the CONSULTANT as the Engineer of Record to certify that the construction work is being performed in accordance with contract documents. The field observers provided will work under the general guidance of the CITY's construction manager and CONSULTANT who will determine reporting requirements. CONSULTANT will advise the CITY if and when the level of service provided by the construction observation team fails to meet the level of effort or standard of care required to certify the project construction. The construction work is currently planned to proceed as follows: • Package A -Central Bayshore Area (Phase II) -(8 months) Specialty professionals will be provided by the CONSULTANT as needed for specific mechanical, electrical and geotechnical inspections in each project area. The project inspection team is comprised of the CITY construction manager, and the CITY provided RPR' s or construction inspectors. The team will be directed by the CITY's construction manager with support and guidance from the CONSULTANT's project manager. To provide adequate verification of construction activities such that the CONSULTANT can attest to the acceptability of the work performed, the team will be responsible " Conducting on-site observations of the work in progress to include materials and workmanship to assist in determining if the provisions of the Contract Documents and permit conditions are being fulfilled. Based on reports/observations from the RPR as reported through the CITY's construction manager, CONSULTANT shall report to the CITY, in writing, whenever it is believed that work is unsatisfactory, faulty or defective and/ or does not conform to the intent of the Contract Documents; does not meet the specified 8 228 " " II II requirements for inspections, tests; or completed work that has been damaged prior to final payment. Based on the observations, the CONSULTANT makes a recommendation to CITY, informs the CITY, to reject items not meeting the requirements of the contract documents. Maintaining daily logs of the observed work and submit reports using the CITY's E-Builder™ management system. The daily log shall include records of when the CONTRACTOR is on the job-site, weather conditions, potential change orders, observed changed conditions, testing activities and results, general field observations, and specific observations as in the case of The RPR will record, in writing, the outcome of these inspections. The RPR will maintain and file paper copies of the daily logs on site and shall submit the daily logs on a daily basis using the CITY's E-Builder™ management system. Coordinate with the CITY's Public Information Officer where utility outages may be required pending notification by the CONTRACTOR. Confirm that the CONTRACTOR has made the required notifications to the utility owners and the CITY for public notifications that may be required. Any required notifications will be the responsibility of the CITY and/ or the CONTRACTOR and not the CONSULTANT. Coordinate various tests for quality control on the project as directed by the CITYs construction manager and as required by the conditions of the contract. To this end, the RPR will issue calls for the materials testing in cooperation with the CONTRACTOR and the needs of the work. The RPR will verify that tests, equipment and systems start-up are conducted in the presence of appropriate personnel and that the CONTRACTOR maintains adequate records thereof; and observes, records, and reports appropriate details relative to the testing procedures and start-ups. Provide a photographic record of the overall progress of construction. Photographs shall be snapshot type taken to define the progress of the project and shall be electronically filed by month with date and time annotated on each photo. The E-Builder™ system will be used as a means to gather and store the various photos obtained by the RPR during construction. The RPR will upload all photos to the E-Builder™ system on a weekly basis. Check CONTRACTOR's material certifications and samples; verify that delivered materials match approved shop drawings. 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 of invoices from the independent testing laboratories for payment by the CITY. Review with the CONTRACTOR the monthly pay application to confirm the status of completed and uncompleted work and stored materials. The schedule of values by the CONTRACTOR and monthly pay requests will be approved by the CITY's construction manager. The CONSULTANT shall advise the CITY of quantities being approved for subsequent concurrence for payment purposes. 9 229 " " " " " Monitor on a monthly basis, in conjunction with CONTRACfOR's pay application review, that record drawing mark-ups are being properly maintained by the CONTRACfOR. Coordinate with CONSULTANT's project manager and staff as needed to resolve/ address CONTRACfOR' s Requests for Information, Contract Document Clarifications, Field Orders, and other related issues and correspondence. Maintaining daily observation reports and providing direction for other record keeping required for the project. Participating in weekly progress meetings with CITY and CONTRACTOR at the project site. CONSULTANT'S Project Manager or a representative will attend the weekly progress meetings. Participating in meetings to address CONTRACfOR change requests, as needed. CONSULTANT'S Project Manager or a representative will attend the change order meetings (one per change order). Verifying that the work has progressed to the substantial completion point in accordance the Contract Documents. Performing a substantial completion inspection with the CONTRACTOR and CITY and preparing a punch list that describes items remaining to be completed; the punch list will be attached to the certificate of substantial completion. CONSULTANT shall provide specialty site visits by various design disciplines (civil, mechanical, hydro-geological, landscaping, etc.) as requested by the CITY. For purposes of this scope of services, the CONSULTANT has assumed twenty-four (24) specialty site visits associated with the following work: " Twenty(20) site visits associated with drainage well testing. Four (4) site visits associated with other engineering disciplines, as needed. Due to the nature of projects involving injection wells and the dose coordination with the Florida Department Environmental Protection (FDEP) that will be required to satisfy the permits for these wells, the level of effort noted above is the minimum that will be required. If additional hydrogeological engineering is required as a result of the permits that have not been issued or by different geological conditions that are encountered, the CONSULTANT shall advise the CITY in writing when the anticipated labor has been expended, based on the above level of effort, so the CITY may arrange for the issuance of requisite authorizations to the CONSULTANT to fund additional fees so that services remain uninterrupted. Deliverables: 1. Inspection field and test reports for CONSULTANT's field activities. 2. Photographic records as appropriate for CONSULTANT's field activities. Schedule: Ongoing throughout duration of project construction. 230 10 -Project Closeout Upon receiving notice from the CONTRACTOR advising the CITY's construction manager that the Project is substantially complete, CONSULTANT, in conjunction with the CITY's construction manager and other appropriate project or CITY staff, shall conduct an overview of the Projects. The overview shall include review and resolution of "punch lists" of items needing completion or correction prior to consideration of final acceptance of each project. The CITY construction management team shall develop and maintain the punch lists with assistance from CONSULTANT. The lists shall be forwarded to the CONTRACTOR for the project. For purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items may not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. Upon notification from the CONTRACTOR and the CITY construction management team that all remaining "punch list" items have been resolved, the CONSULTANT, in conjunction with appropriate CITY staff, shall perform a final review of the finished Project. Based on successful completion of all outstanding work items by the CONTRACTOR, CONSULTANT shall assist in dosing out the construction contracts for Package A -Central Bayshore Area (Phase II). The CITY shall prepare certified record drawings from CONTRACTOR's as-built plan mark ups and drawings submitted during the construction period. CONSULTANT will review CITY prepared record drawings and submit comments for the CITY to finalize record drawings for the project area. CONSULTANT will provide one digital copy of each of the record drawing sets; prepare permit certification applications and cover letters for FDEP, RER, Miami-Dade Public Works, South Florida Water Management District (SFWMD) and Miami-Dade County Health Department (MDHD) for a total of five anticipated permit dose-outs for Package A -Central Bayshore Area (Phase II). Any additional work required to close out the permits (including responses to questions) from the respective agencies listed above is not included in this amendment. Deliverables: 1. Receive CONTRACTOR notification that the project has reached Substantial Completion and determine whether the project, in the judgment of the CONSULTANT, qualifies under the requirements of the specifications and standard of care to be considered Substantially Complete. 2. Coordinate attend one field meeting (walk-through) to review Substantial Completion for the project. 3. Receive CONTRACTOR's notification that punch list items are completed and CONSULTANT shall schedule a final field visit to review and substantiate project completion for each project. 4. Provide recommendation to the CITY that the project has reached Final Completion based on CONSULTANT's judgment and review of completed punch lists for each project. It is assumed that the project will be finalized during the one month close-out period following the issuance of substantial completion. 11 231 5. Assist the CITY with technical decisions and recommendations on warranty work completion for each project. 6. Prepare review comments for CITY prepared record drawings for certification and project closeout of each permit. Submit final record drawings, agency (FDEP, RER, SFWMD, Miami-Dade County Public Works, and MDHD) applications, and cover letters to request release of the project for operational purposes for each project. 7. Prepare final project change orders for projects. CONSULTANT shall advise the CITY in writing when the anticipated labor has been expended, based on the above level of effort, so the CITY may arrange for the issuance of requisite authorizations to the CONSULTANT to fund additional so that services remain uninterrupted. Schedule: Project closeout will be completed within 30 calendar days following CITY's issuance of certificate of substantial completion. Task 5 -•v••s;c:e• CONSULTANT will furnish to the CITY, consulting services not covered by this amendment as directed by the city. Compensation for this work will be done on a time and expenses bases. The CONSULTANT shall advise CITY in writing when the anticipated labor has been expended, based on this level of effort, so the CITY may arrange for the issuance of requisite authorizations to the CONSULTANT to fund additional fees so that services remain uninterrupted Deliverables: t Perform Consulting work as requested by the CITY 2. Prepare opinions, studies, reports ... etc. applicable to each request 3. Participate in meetings as requested CITY and CONTRACTOR Schedule: Ongoing throughout the project duration. Assumptions: 1. All Tasks will be completed as required to keep the construction project on schedule and to avoid delays, subject to the CITY's timely review of deliverables. 2. Permit applications for the agencies outlined above will be provided for execution by the CITY concurrent with design submittals. 3. All review documents will be provided electronically by use of File Transfer Protocol (FTP), Sharepoint, or E-Builder™ document transfer sites. 4. CITY will pay all permitting fees. Permitting labor and expenses can be charged to Amendment "23". When Amendment labor and expense budgets are exhausted, work associated with permitting can be charged to this amendment. 12 232 5. CITY will provide written application comments within two weeks of receipt of the review package. CONSULT ANT will respond to comments in writing within one week of receipt from CITY. 6. Construction and bid phase services for a new construction contract (if necessary) are not included in this Amendment. 7. CONSULTANT shall be paid for the cost of reproduction services plus applicable markup for reproduction of reports, contract documents and miscellaneous items, as indicated in the scope of work or as requested by CITY. 8. CONSULTANT shall be reimbursed for local project travel and costs for employee travel associated with this Amendment. Non-local travel shall be reimbursable as approved by the City. 9. Construction Contract completion time including dose-out is estimated at 8 months for Package A -Central Bayshore Area (Phase II). 10. CONSULTANT is not responsible for obtaining or paying for permits from Federal, State or local regulatory agencies that are required this project. CONSULTANT shall not be responsible for regulatory agency delays or any delays caused for reasons beyond the direct control of the CONSULTANT. 11. The CITY will provide project construction management and RPR or construction inspection services to manage construction activities and provide assurance that the work is being performed in accordance with the contract documents. The CITY's internal QA/ QC program will provide guidance to the RPR' s to promote consistency in the services provided. 12. The CITY agrees to provide surveying services by a third party if deemed necessary by the consultant at no cost to consultant. City's surveyor agrees to conduct its work as co-ordinated by the CONSULTANT. The CONSULTANT shall be reimbursed for its and expenses related to this activity. ENGINEER1s Personnel at Construction Site 13. The presence or duties of CONSULTANTs personnel at a construction site, whether as onsite representatives or otherwise, do not make CONSULTANT or CONSULTANT 1s personnel in any way responsible for those duties that belong to CITY and/ or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. 14. CONSULTANT and CONSULTANT 1s persom1el have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except CONSULTANT 1s own personnel. 15. The presence of CONSULTANT 1s personnel at a construction site is for the purpose of providing to CITY a greater degree of confidence that the completed 13 233 PROJ construction work will conform generally to construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). CONSULT ANT neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. The total fee proposed for this scope of work shall be a time and materials basis, not-to- exceed amount of $448,861, including allowable reimbursable expenses as shown in Attachment A Invoicing will be monthly and based on allowable contract hourly rates and subsequent amendments and adjustments by the CITY and as agreed between the CITY and CONSULTANT, with the exception of task one. Invoicing for task one will be completed on a lump sum basis for labor and expenses. With the approval by the CITY, CONSULTANT may utilize unused budgets within subtasks or approved amendments/task order as long as the overall fee limit is not exceeded. Should accumulated incurred costs reach not-to-exceed amount, CONSULTANT shall notify the CITY the level of effort required to complete the scope of services, and request that a contract amendment be executed for the additional funds and extension of period of performance, if so required. CONSULTANT shall resume our efforts upon such time that the contract amendment is fully executed. Hem Modifications The Design, miscellaneous Permitting and Services During Construction associated with Package A -Central Bayshore Area (Phase II) as itemized above will be completed in eight (8) months upon receipt of authorization issued by the CITY to the CONSULTANT. Execution of this Task Order Amendment constitutes CITY's Notice to Proceed with the scope of work described herein, and in accordance with the Standard Agreement for Professional Services dated May 16, 2001. IN WITNESS the parties hereto have caused this Amendment No. 25, to be executed in their name by their duly authorized officials of the date first set forth above. 234 14 Approved by: CITY OF MIAMI BEACH, FlORIDA Date: Matti Bower, Mayor Attest Rafael Granado City Clerk 235 CH2M HILL, INC. Date: Matt Alvarez, Florida Operations Manager Attest: Secretary 15 Attachment A Amendment 25 Design Modifications, Additional Permitting Services, and SOC for the City of Miami Beach Neighborhood No. 8, Design Packages A-Phase II-Central Bayshore Area Labor and Expenses Task 1 -Central Bayshore Design Modifications Labor $ 142,749 Expenses $ 1,500 Sub-Total $ 144,249 Task 2-Prairie Ave Modifications Labor $ 27,112 Expenses $ 500 N I Sub-Total $ 27,612 w 0) 1 Task 3-Permitting (Allowance) Labor $ 25,000 Expenses $ 500 Sub-Total $ 25,500 Task 4-Engineering Services During Construction Labor $ 224,000 Expenses $ 2,000 Sub-Total $ 226,000 Task 5-Miscellaneous Requests (Allowance) Labor $ 25,000 Expenses $ 500 Sub-Total $ 25,500 Total Fee $ 448,861 7/9/2013 RESOLUTION TO BE SUBMITTED 237 C7 -Resolutions C?E A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 251-2013TC, For A Design Build Firm To Provide Pre-Construction Services And Construction Services Via A Guaranteed Maximum Price (GMP) Amendment For The Palm And Hibiscus Islands Right Of Way Improvement Project. (Capital Improvement Projects) (Memorandum to be Submitted in Supplemental) 238 Agenda Item C 7 E Date 7-/7-/3 THIS PAGE INTENTIONALLY LEFT BLANK 239 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 Neighborhood/Community Affairs Committee And Further Authorizing The Administration To Proceed To The Next Phase Of The Collins Park Garage (Collins Park Place) Project. Key Intended Outcome Supported: Ensure value and timely delivery of quality capital projects; improve parking availability. Supporting Data (Surveys, Environmental Scan, etc.): The Cultural Campus is currently serviced by 55 parking spaces on two surface parking lots; these will be replaced with a parking structure of over 400 parking spaces. Item Summary/Recommendation: On January 16, 2013, Commission approved Resolution No. 2013-28121 adopting the Basis of Design Report (BOOR) for the Project. Although the BOOR was unanimously approved, there were concerns raised with respect to the proposed architectural exposed concrete finish, possibility of a rooftop passive park and estimated construction cost. A presentation addressing each of the aforementioned items was given to the Neighborhoods I Community Affairs Committee (NCAC) members on June 26, 2013. The Committee recommended approval to proceed to the next phase of the project, as per approved BOOR dated January 16, 2013, with the following comments: •Careful consideration must be given to the detailing of eastern side of the property, so that noise and light disturbance to the adjacent property-assisted living facility-is minimized. •Begin the approval process for the closing of Liberty Avenue as soon as possible to avoid any potential delays. •Ensure that adequate lighting is provided especially at the public plaza and along Liberty Avenue. •Detailing of the fire sprinkler and service components must be done in a manner consistent with the design intent. •Provide an analysis of the projected revenues for the garage/retail space. Financial Information: Source of Amount Funds: 1 2 3 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin Si irector Collins Park Garage -Accept NCAC Recom MIAMI BEACH 240 Account AGENDA ITEM _G.;;..__l_F __ DATE 7-ll-/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov CO MISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me DATE: July 17, 2013 SUBJECT: A RESOLUTION OF THE MAYO ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEP G THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AND FURTHER AUTHORIZING THE ADMINISTRATION TO PROCEED TO THE NEXT PHASE OF THE COLLINS PARK GARAGE (COLLINS PARK PLACE) PROJECT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure value and timely delivery of quality capital projects. Improve parking availability. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The proposed parking garage will be constructed on the two properties currently occupied by surface parking lots located on 23rd Street, behind the Miami Beach Regional Library and the Miami City Ballet building. The ground level of the proposed structure, between Park and Liberty Avenues, will provide approximately 17,500 SF of retail space, while the upper five (5) levels of the parking garage, which will bridge over Liberty Avenue, will accommodate approximately 470 parking spaces. The Project also contemplates a large public plaza at the ground level, just east of Liberty Avenue, which will merge into the Liberty Avenue right of way between 22nd and 23rd streets, turning it into a pedestrian street. The design takes a holistic approach to the site and considers the public plaza as one continuous landscape that unites the project site with the adjacent sites-Miami City Ballet and Miami Beach Regional Library-thereby creating an extension to Collins Park. Construction funding for this project has been previously appropriated as follows: Garage Structure I Retail Shell (Refer to Attachment A): $18,500,000 City Center RDA Capital Fund (Collins Park Garage Project) Public Plaza and Liberty Avenue Improvements (Refer to Attachment B): $2,300,000 City Center RDA Capital Fund (Collins Park Ancillary Improvements Project) 241 Commission Memorandum -Collins Park Garage-Accept Recommendation of NCAC July 17,2013 Page 2 of2 On January 16, 2013, Commission approved Resolution No. 2013-28119 granting a Certificate of Appropriateness for Demolition of the existing one-story building on the site; Resolution No. 2013- 28120 granting a waiver of development regulations regarding the maximum height permitted in the Museum Historic District and Collins Park Neighborhood; and Resolution No. 2013-28121 adopting the Basis of Design Report (BOOR) for the Project. Although the BOOR was unanimously approved, there were concerns raised with respect to the following items: 1. Proposed exposed architectural concrete finish I color 2. Possibility of a rooftop passive park 3. Estimated construction cost A presentation addressing each of the aforementioned items was given to the Neighborhoods I Community Affairs Committee (NCAC) members on June 26, 2013. The Committee recommended approval to proceed to the next phase of the project (Detailed Design), as per approved BOOR dated January 16, 2013, with the following comments: • Careful consideration must be given to the detailing of eastern side of the property, so that noise and light disturbance to the adjacent property-assisted living facility-is minimized. • Begin the approval process for the closing of Liberty Avenue as soon as possible to avoid any potential delays. • Ensure that adequate lighting is provided especially at the public plaza and along Liberty Avenue. • Detailing of the fire sprinkler and service components must be done in a manner consistent with the design intent. • Provide an analysis of the projected revenues for the garage/retail space. Based on an comparative lease analysis of ground floor retail spaces in other city-owned parking garages, it is anticipated that the proposed 17,000 SF space will safely command a triple net lease rate of $75/SF, generating approximately $1,11 0,000 in net revenues annually (refer to Attachment A for a pro-forma analysis provided by the Economic Development Department). Furthermore, based on a conservative estimate of revenues and expenses for the parking garage portion, it is estimated that for the initial five (5) years following the completion of the project, the garage will average $295,000 annually in net revenues (refer to Attachment B for a pro-forma analysis provided by the Parking Department). CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached resolution accepting the recommendation of the Neighborhoods/Community Affairs Committee and further authorizing the Administration to proceed to the next phase of the Collins Park Garage Project. Attachments: A. B. C. D. Collins Park Garage Capital Budget Sheet Collins Park Ancillary Improvements Capital Budget Sheet Retail Space Pro-Forma Garage Pro-Forma 242 N ~ w CITY OF MIAMI BEACH m 2012-2016 Capital Budget & 5-Year Capital Improvement Plan I. General Title: Project#: Department: Manager: Category: Domain: Location: Collins Park Parking Garage pgmculcamp CIP Office Thais Vieira cip Parking Garages citycenter OPERATING CATEGORIES Annual Incremental Cost Operating and Maintenance 424,000.00 FTE's #: Total: 424,000.00 Description: New parking facility including commercial space and a parking garage holding aprox. 360 spaces. Current request only includes fees for the NE services and testing. Potential land acquisition costs related to the purchase of the lot from Amriv. Project is actively being negotiated. Timeline to be determined upon completion of negotiations. Justification: KIOs Supported: Ensure Value and Timely Delivery of Quality Capital Projects; Improve Parking Availability. The project is not only needed in the area, it will also generate jobs and will also provide revenue to the City of Miami Beach once is opened to the public. The project also includes commercial properties that will generate additional revenue. Project Timeline: AlE Request for Qualifications Star Month/Year AlE Request for Qualifications C Month/Year NE Agreement Award: Mar-2012 Planning Start: Apr-2012 Planning Completion: Aug-2012 Design Start: Sep-2012 Design Completion: Jan-2014 Bid Start: Jan-2014 Bid Completion: Mar-2014 Construction Contract Award: Mar-2014 Construction Start: Jun-2014 Construction Completion: Dec-2015 1! Cost Cost Category Prior Years 2011/12 2012/13 2013/14 2014/15 2015/16 Future Total ap365 Art in Public Places Fund 365 0 0 0 277,500 0 0 0 277,500 ap480 Art in Public Places Fund 480 0 0 0 0 0 0 0 0 cm365 Construction Management 365 0 330,417 660,833 559,443 0 0 0 1,550,693 cm480 Construction Management 480 0 0 0 0 0 0 0 0 ~36~ Constr~ction Fund ID 0 0 8,268,673 10,231,327 0 0 0 (i8,5oo,o@) coppb Proposed Parking Bonds 0 0 0 0 0 0 0 0 ct365 Contingencies Fund 365 0 0 1,250,000 600,000 0 0 0 1,850,000 de365 Design & Engineering Fund 365 0 2,951,823 0 0 0 0 0 2,951,823 de480 Design & Engineering Fund 480 0 0 0 0 0 0 0 0 eq365 Equipment Fund 365 0 0 0 555,000 0 0 0 555,000 eq480 Equipment Fund 480 0 0 0 0 0 0 0 0 pe365 Permitting/Fees 365 0 0 17,525 0 0 0 0 17,525 pm480 Program Management Fund 480 0 0 0 0 0 0 0 0 Total: 0 3,282,240 10,197,031 12,223,270 0 0 0 25,702,541 > ~ ~ > C") ::r:: a= ~ ~ ~ > N ~ ~ Funding Source 365 City Center RDA Capital Fund 480 Parking Operations Fund ppb Proposed Parking Bonds Total: CITY OF MIAMI BEACH 2012-2016 Capital Budget & 5-Year Capital Improvement Plan Prior Years 2011/12 2012/13 2013/14 2014/15 2015/16 0 3,282,240 10,197,031 12,223,270 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,282,240 10,197,031 12,223,270 0 0 Future Total 0 25,702,541 0 0 0 0 0 25,702,541 N ~ CJ1 m --.:::::=-I. General Title: Project#: Department: Manager: Category: Domain: Location: Description: Justification: Project Timeline: II CostSummary Cost Category CITY OF MIAMI BEACH 2012-2016 Capital Budget & 5-Year Capital Improvement Plan Collins Park Ancillary Improvements rwscollpar CIP Office Thais Vieira cip Street/Sidewalk/Streetscape Improvements citycenter OPERATING CATEGORIES FTE's #: Total: Annual Incremental Cost Pedestrian and ROW enhancements north of22 St, Parl\.Avenue and to the Collins Canal; Park.Avenue, between 22nd and 23rd Streets; and 23rd Street between Collins Canal and Collins Averu.te. Project to be phased in coordination with the Coi!ins Park Parking Project, with Phase 1 to include along north of 23rd Street to Collins Canal. Suippcu'ted: Ensure Value and Timely Maintain City's Infrastructure; Maintain Miami Beach Public Areas & Rights of Way and Ensure Well Maintained fa1~ilft1ies. AlE Request for Qualifications Star Month/Year AlE Request for Qualifications C Month/Year AlE Agreement Award: Planning Start: Planning Completion: Design Start: Design Completion: Bid Start: Bid Completion: Construction Contract Award: Construction Start: Jul-2014 Construction Completion; Jun-2015 Prior Years 2011112 2012/13 2013/14 2014/15 2015/16 Future Total aeunf ArchitectJEngineering Unfunded 0 0 0 0 0 0 458,033 458,033 0 241,719 0 0 0 0 0 241,719 0 0 0 0 0 0 305,164 305,164 0 3,014,531 0 0 0 0 0 (3,014,5~ counf Construction Unfunded 0 0 0 0 0 0 3,816,940 3,816,940 ct365 Contingencies Fund 365 0 297,500 0 0 0 0 0 297,500 ctunf Contingencies Unfunded 0 0 0 0 0 0 381,694 381,694 de365 Design & Engineering Fund 365 0 446,250 0 0 0 0 0 446,250 peunf Permitting/Fees Unfunded 0 0 0 0 0 0 38,169 38,169 Total: 0 4,000,000 0 0 0 0 5,000,000 9,000,000 " > P-3 P-3 > ("') = a: t:r-1 :2! P-3 t:d N ~ 0) Summary funding Source 365 City Center RDA Capital Fund unf Unfunded Total: CITY OF MIAMI BEACH 2012-2016 Capital Budget & 5-Year Capital Improvement Plan Prior Years 0 0 0 2011112 4,000,000 0 4,000,000 2012/13 0 0 0 2013/14 0 0 0 2014/15 0 0 0 2015116 0 0 0 Future 0 5,000,000 5,000,000 Total 4,000,000 5,000,000 9,000,000 ATTACHMENT C OF MIAMI BEACH Collins Park Garage IL OPERATIONS -17,000 SF: (Rounded) 13/14 Revenues Proposed Retail Leasing (NNN) 1,275,000 TOTAL REVENUES $ 1,275,000 $ 50,000 $ 40,000 $ 55,000 $ 20,0 $ 165,000 $ 1,110,000 247 N ~ 00 CITY OF MIAMI BEACH PARKING DEPARTMENT Collins Park Garage-470 Parking Spaces 14 16 17 1000318 000319 n.nn~"".4 -··~NUE NSlENT 400xAvg Ticket Price@ $3.00-Man-Sun (8a to 9p) TRANSIENT 200 x Avg Ticket Price @ $3.00-Mon-Thur (9p to 5a) TRANSIENT 150 x 156 days x $15.00-Fri Sat & Sun (9p to 5a) MONTHLY-141 x $74.90 x 12 months SALES TAX TOTAL PROFESSIONAL SERVICE SUPERVISOR/ATTENDANT 252 hrs x 52 wks@ $18.50 per hr LANDSCAPING-$150/WK X 26 SECURITY TELEPHONE ($250/MO) +CABLE ($100/MO) WATER $2,000/MO SEWER SANITATION PRINTING/TICKETS ETC. 5 TOTAL MAINTENANCE CONTRACTS JANITORIAL $9,900/MO ELEVATOR $1,000/MO (1st year under warranty)* EXTERMINATING SERVICES $250/MO FIRE EXTINGUISHERS $150/MO FIRE ALARM MONITORING $250/MO COURIER SERVICE $500/MO REVENUE CONTROL EQUIPMENT -$800/MO* (1st year under warranty) OFFICE SUPPLIES TOTAL REPAIRS & MAINTENANCE R & M SUPPLIES REVENUE CONTROL R & M (NOT COVERED UNDER WARRANTY) ELEVATOR REPAIRS (NOT COVERED UNDER CONTRACT) PRESSURE CLEANING OTAL OPERATING EXPENSES /YR YEAR1 $ 436,800 $ $ 124,800 $ $ 242,424 $ 3,900 $ 180,000 $ $ 6,000 $ $ 24,000 $ $ 4,000 $ $ 3,500 $ $ 5,000 $ $ 121,800 $ $ 108,000 $ 12,000 $ 3,000 $ 1,800 $ 3,000 $ 6,000 $ 9,600 I i 3.000 I$ 54,000 $ $ 3,000 $ 5,000 $ 30,000 $ 16,000 $ 647,624 $ $ 360,4&3 $ YEAR2 YEAR3 YEAR4 YEARS 436,800 $ 436,800 $ 436,800 $ 436,800 124,800 $ 124,800 $ 124,800 $ 124,800 351,000 $ 351,000 126,731 $ 126,731 186,300.00 $ 192,820.50 $ 199,569.22 $ 206,554.14 6,210.00 $ 6,427.35 $ 6,652.31 $ 6,885.14 24,840.00 $ 25,709.40 $ 26,609.23 $ 27,540.55 4,140.00 $ 4,284.90 $ 4,434.87 $ 4,590.09 3,622.50 $ 3,749.29 $ 3,880.51 $ 4,016.33 5,175.00 $ 5,356.13 $ 5,543.59 $ 5,737.62 147,663.00 $ 152,831.21 $ 158,180.30 $ 163,716.61 3.105.00 I$ 3,213.681 $ 3,326.151 $ 3,442.57 55,890.00 $ 57,846.15 $ 59,870.77 $ 61,966.24 691,891 $ 716,107 $ 741,171 $ 767,112 316,187 $ 291,970 $ 266,907 $ 240,966 Notes: Assumptions include: Annual operational expense increase by CPI (3.5%). Parking rates and operational services levels to be consistent with comparable municipal garages serving recreational (beach) use, hotels, restaurants, and nightlife activities. > t-3 t-3 > n = == t:rl z t-3 l::j RESOLUTION TO BE SUBMITTED 249 COMMISSION ITEM SUMMARY · n reappointing Mr. Warren Bittner, Esq. to serve as Special Master for the City ·on Board. Key Intended Outcome Supported: Protect Historic Building Stock. Supporting Data (Surveys, Environmental Scan, etc.): In the 2012 Community Satisfaction Survey, 78% of the residents who had sufficient knowledge about historic preservation gave it positive ratings; and 82% of business owners rated the City of Miami Beach's historic preservation efforts as very or somewhat effective. Item Summary/Recommendation: Mr. Bittner has served the City of Miami Beach with distinction for the past 18 years in his capacity as Special Master to the City's Historic Preservation Board. He has proven to be objective and thoughtful in his review of cases and his orders outlining his conclusions have been well written and on point as to the issues involved. Mr. Bittner has ample experience in historic preservation, as he was legal counsel to the City of Miami Historic Preservation Board, was the Chair of the Miami Shores Historic Preservation Board and has been the recipient of the Dade Heritage Trust Annual Historic Preservation Award (1994-1 995) for individual service. Mr. Bittner has demonstrated progressively responsible experience in his legal career with the City of Miami, advancing from Assistant City Attorney to his present position of Deputy City Attorney. The Administration recommends that Mr. Bittner be reappointed for a three (3) year term expiring on September 16, 2016, and setting his compensation at $100.00 per hour with a maximum payment of $500.00, Board Recommendation: Financial Information: Source of Amount Funds: 1 $1 00.00/hour 011-0210-000312 maximum $500 per case. ,. 2 3 OBPI Total $500.00 011-0210-000312 Financial Impact Summary: Clerk's Office Le islative Trackin Si n-Offs: Department Director ity Attorney REG Ml MIBEA H 250 Account JM AGENDA JTEM _C-_7_(;-__ DATE 7-/7-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Matti Herrera Bower and FROM: Jose Smith, City AttorneY C. DATE: July 17, 2013 COMMISSION MEMORANDUM SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REAPPOINTING MR. WARREN BITTNER, ESQ. TO SERVE AS SPECIAL MASTER FOR APPEALS OF DECISIONS OF THE CITY'S HISTORIC PRESERVATION BOARD UNTIL SEPTEMBER 16,2016, AND SETTING THE COMPENSATION AT $100.00 PER HOUR WITH A MAXIMUM PAYMENT OF $500.00 PER CASE. ADMINISTRATIVE RECOMMENDATION Adopt the Resolution. BACKGROUND On October 27, 2010, the City Commission passed Resolution No. 2010-27524, reappointing Mr. Warren Bittner, Esq. as Special Master for appeals of decisions of the City's Historic Preservation Board, for a three-year period expiring September 16, 2013, and setting Mr. Bittner's compensation at$100.00 perhourwith a maximum paymentof$500 per case. City of Miami Beach City Code, Section 118-537(b )( 1) provides that "the applicant, the owner(s) of the subject property, the City Manager, Miami Design Preservation League, Dade Heritage Trust, or an affected person may appeal the board's decision to a Special Master appointed by the City Commission." Pursuant to Miami Beach City Code Section 118-537(b )(3), "Special Masters appointed to hear appeals pursuant to this subsection (b) shall be attorneys who are members in good standing with the Florida Bar and have expertise in the area of historic preservation. Special Masters shall serve terms of three years, provided however, that they may be removed without cause upon a majority vote of the City Commission." Mr. Bittner has ample experience in historic preservation, as he was legal counsel to the City of Miami Historic Preservation Board, was the Chair of the Miami Shores Historic Preservation Board and has been the recipient of the Dade Heritage Trust Annual Historic Preservation Award ( 1994- 1995) for individual service. Mr. Bittner has demonstrated progressively responsible experience in his legal career with the City of Miami, advancing from Assistant City Attorney to his present position of Deputy City Attorney. A copy of Mr. Bittner's resume is attached hereto. 251 Mr. Bittner has served the City of Miami Beach with distinction for the past 18 years in his capacity as Special Master to the City's Historic Preservation Board. He has proven to be objective and thoughtful in his review of cases and his orders outlining his conclusions have been well written and on point as to the issues involved. Richard Lorber, Acting Planning Director, William Cary, Assistant Planning Director, and Thomas Mooney, Preservation and Design Manager, support the reappointment of Mr. Warren Bittner as Special Master for the Historic Preservation Board appeals. During his present appointment as Special Master, Mr. Bittner was called upon three times to preside over appeals; one of which, 42 Star Island Drive where he ruled that although the Motion to Disqualify him was legally insufficient on various grounds, he would nevertheless voluntarily recuse himself as the Special Master in this appeal as "it would be in the best interests for the administration of justice" and "consistent with Cannon 2 & 3 of the Florida Code of Judicial Conduct." The Administration recommends that Mr. Bittner be reappointed for a three (3) year term expiring on September 16, 2016, and setting his compensation at $100.00 per hour with a maximum payment of $500.00 per case. JM/JS/REG T:\AGENDA\2013\July 17\Warren Bittner\Warren Bittner Commission Memo.doc 252 Legal: 1985-86 1980-83 Undergraduate: 1977-80 1977-80 1976-77 1972-76 Jul 08-date Miami Shores, 33138 (305) 416-1813 Tulane University of Louisiana, Law School New Orleans, LA University of Miami School of Law Coral Gables, FL University of Miami Coral Gables, FL University of Miami Coral Gables, FL Villanova University Villanova, PA Valley Forge Military Academy Wayne, PA LL.M. in Admiralty J.D. (Mathematics) B.A. (Anthropology) H.S. Diploma Deputy Attorney, City of Miami, City Attorney's Office, Miami, FL -supervisor of all litigation involving the City of Miami, including tort, commercial, civil rights, labor & employment, and land use; Direct supervisor of Litigation Division (6 ACAs) and Labor /Employment Division (5 ACAs); litigation practice in state and federal court in the areas of: (a) police-related civil rights (1st, 4th & 14th Amendments) and torts; (b) maritime law; (c) medical malpractice (Fire-Rescue related); (d) land use (outdoor advertising 253 Jun 01-Jul 08 Nov 89-Jun 01 Sept 86-Nov 89 Florida; and adult entertainment); (e) commercial (landlord/tenant); (f) class actions; and (g) government financing and taxation (ex: Braman challenge to Marlins Stadium and Parking Garage). Assistant Attorney, Division , City of Miami, City Attorney's Office, Miami, FL -direct supervisor of the Litigation Division (7 A CAs); litigation and appellate practice concentrating in civil rights, medical malpractice, commercial, land use and class actions, in both state and federal court. City City of Miami, City Attorney's Office, Miami, FL varied municipal practice concentrating in litigation and appeals of state tort, federal civil rights, medical malpractice, land use, code enforcement, commercial and general municipal issues; served as counsel to City's Historic Preservation Board for several years. Lillick McHose & Charles, San Francisco, CA- (comprehensive maritime litigation and appellate practice concentrating in personal injury and death, carriage of goods by sea, maritime liens, charter parties, marine insurance, commercial law and arbitration; pioneered expansion of firm's maritime litigation practice into new branch office in Long Beach, CA (firm now known as Lillick & Charles). United States District Court, Southern District of Florida; United States Court of Appeals for the Eleventh Circuit; United States Supreme Court Clann Bell & Murphy 1986 Admiralty Writing Competition; Dade Trust Annual Historic Preservation Award (1994- 1995), for Individual Service; Nominee, City of Miami "Outstanding Employee of the Year" (1998); Finalist, Daily Business Review's "Most Effective Lawyers 2009", Complex/Business Litigation Category. 254 "The Validity and Effect of Choice of Law Clauses in Marine Insurance Contracts," 53 Ins. Counsel J. 573 (1986); "The Louisiana Removal of Sunken Vessels Act of 1985-A Look at State Wreck Removal Statutes in Perspective," 11 Maritime Lawyer 49 (1986). Speaker, 1995 Planning Workshop for Local Government Board Members, The South Florida Chapter of The Florida Planning & Zoning Association (14 Oct 1995); 2008 PERF Conference, "Sue the Police: A View from the Lawyers' Bench" (26 Apr 2008). 1995 -date Special Master, City of Miami Beach, FL (appointed by City Commission to hear appeals from decisions of City's Historic Preservation and Design Review Boards 1991-2002 Board Member Miami Shores Village Historic Preservation Board -review of applications for historic designation and certificates of appropriateness (elected Chairman 1993) 1993-1995 Author and Proponent, Historic Cuban Tile Amendment to South Florida Building Code [ s. 104.11 ][now incorporated into Florida Building Code] -permits and encourages the salvage and reuse of Historic Cuban roof tile. 1993-1996 Member and Chair, Florida Bar Grievance Committee 11 "F"; 1987-1992 Assisted national civil rights organization, as primary cooperating attorney, appeal decision of State of Wisconsin denying health insurance benefits to long term domestic partner of Wisconsin State Employee (where statutory 255 prohibition existed against discrimination on the basis of sexual orientation) to the Wisconsin Personnel Commission, then to the Wisconsin Circuit Court, and finally to the Wisconsin Court of Appeals. Result: Denial of Benefits AFFIRMED. Phillips v. Wisconsin Personnel Com'n, 482 N.W. 2d 121 (Wis. Ct. App. 1992); 1985-1987 Assisted indigent pro se federal inmate incarerated in Alabama in appealing order of Michigan Probate Court terminating his parental rights in minor child for failure to pay support. Result: Termination Order REVERSED. Matter of Fernandez, 399 N.W. znd 459 (Mich. Ct. App. 1987). Julie 0. Bru, City Attorney City of Miami Office of the City Attorney Miami Riverside Center, Suite 945 444 S.W. znd Avenue Miami, FL 33130-1910 (305) 416-1800 Alejandro Vilarello, Esq. Alejandro Vilarello, P.A. 16400 N.W. 59th Ave., FL 2 Miami FL 33014-5602 (305) 827-5665 x148 256 Ronald J. Cohen, Esq. Ronald J. Cohen, P.A. 8100 Oak Lane Suite 403 Miami Lakes, FL 33016-5876 (305) 823-1212 Thomas J. Scott, Esq. Cole, Scott & Kissane, P.A. 9150 S. Dadeland Blvd., Ste 1400 Miami, FL 33156-7855 (305) 350-5300 RESOLUTION NO •. ______ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REAPPOINTING MR. WARREN BITTNER, ESQ. TO SERVE AS SPECIAL MASTER FOR APPEALS OF DECISIONS OF THE CITY'S HISTORIC PRESERVATION BOARD UNTIL SEPTEMBER 16, 2016, AND SETTING THE COMPENSATION AT $100.00 PER HOUR WITH A MAXIMUM PAYMENT OF $500.00 PER CASE. WHEREAS, the Mayor and City Commission of the City of Miami Beach recognize that a process for the review of decisions rendered by the Historic Preservation Board has been established under City of Miami Beach City Code, Section 118-537 (b)(3); and WHEREAS, affected parties have the right to seek a review by a Special Master appointed by the City Commission of projects approved by the Historic Preservation Board; and WHEREAS, Mr. Warren Bittner, Esq., is a uniquely qualified individual, based upon his experience in the field of historic preservation and as a practicing attorney, to review decisions rendered by the Historic Preservation Board; and WHEREAS, in City of Miami Beach Resolution No. 2010-27524, the Mayor and City Commission reappointed Mr. Warren Bittner, Esq. to serve as Special Master for appeals of decisions of the City's Historic Preservation Board through September 16, 2013; and WHEREAS, Resolution No. 2001-24452 originally established the compensation at the rate of $100.00 per hour with a maximum payment of $500.00 per case. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that Mr. Warren Bittner, Esq., is hereby reappointed to serve as a Special Master for appeals of decisions of the City's Historic Preservation Board for a period of three (3) years expiring on September 16, 2016, and setting his compensation at the base rate of $100.00 per hour with a maximum payment of $500.00 per case. PASSED and ADOPTED this __ day of----------' 2013. ATTEST: Rafael E. Granado, City Clerk T:\AGENDA\2013\July 17\Warren Bittner\Warren Bittner-RES rev.doc 257 Mayor Matti Herrera Bower APPROVED AS TO FORM & LANGUAGE · & FOR EXECUTION COMMISSION ITEM SUMMARY Condensed Title: A Resolution Amending Resolution 2013-28187 to Authorize The Payment Of $2,436.00 To Murray Greenberg, Esq, As Reasonable Fees And Expenses For The Services Rendered As Special Master In The Appeal Of "In Re: 42 Star Island Drive, Miami Beach, FL," Case No. HPSM-13-001, DRB File No. 22936. Key Intended Outcome Supported: Protect Historic Building Stock. Supporting Data (Surveys, Environmental Scan, etc.): In the 2012 Community Satisfaction Survey, 78% of the residents who had sufficient knowledge about historic preservation gave it positive ratings; and 82% of business owners rated the City of Miami Beach's historic preservation efforts as very or somewhat effective. Item SummaryfRecommendation: On March 26, 2013, the Miami Design Preservation League, Inc., (MDPL), by its attorney Kent Harrison Robbins, filed an appeal of the March 6, 2013 City of Miami Beach Design Review Board Order on File No. 22936, approving the Application for Design Review Approval for the construction of a new 2-story home, to replace an existing home constructed prior to 1942, to be demolished, at 42 Star Island Drive. Section 142-108(g)(3) of the Miami Beach City Code, required that this appeal be heard by a Special Master appointed by the City Commission, in accordance with the procedures set forth in Section 118-537(b) of the Miami Beach City Code. The Special Master appointed by the City Commission to hear such appeals is Warren Bittner. On April4, 2013, Appellant, MDPL, filed a Verified Motion to Disqualify Special Master Bittner. On April 5, 2013, Special Master Bittner ruled that although the Motion to Disqualify was legally insufficient, he would nevertheless voluntarily recuse himself as "it would be in the best interests for the administration of justice" and "consistent with Cannon 2 & 3 of the Florida Code of Judicial Conduct." On April17, 2013, the City Commission appointed Murray Greenberg, Esq. to serve as the Special Master on this appeal. The matter came on for hearing before Special Master Greenberg on June 4, 2013, and Special Master Greenberg having reviewed comprehensive briefs and responses from all parties; having heard well-presented argument of counsel for all parties; and having reviewed the extensive record below, entered his Report of Special Master on June 10, 2013. On June 11, 2013, Special Master Greenberg submitted an invoices for professional services rendered and expenses incurred, listing $2,400.00 for 9.6 hours of service ($250.00/hourly rate) and $36.00 in expenses, for a total due of $2,436.00. The City Attorney reviewed the invoice submitted by Special Master Greenberg and has determined that $2,436.00 is reasonable compensation for the services rendered and expenses incurred. Based on the foregoing, it is hereby requested that the City Commission authorize the compensation of Murray Greenberg, Esq. in the amount of $2,436.00, pursuant to Sections 118-537(b) and 142-1 08(g)(3) of the Miami Beach City Code, for the services rendered in the appeal of "In Re: 42 Star Island Drive, Miami Beach, FL," Case No. HPSM-13-001, DRB File No. 22936. Advisory Board Recommendation: Financial Information· Source of Funds: jt 1 $2,436.00 OBPI Total $2,436.00 Financial Impact Summary: Ci Clerk's Office Le islative Trackin Rafael E. Granado, City Clerk Si n-Offs: Department Director REG MIAMI BEACH Amount 258 Account 011-0210-000312 ~ENDA ITEM _t!._7-'H---=_ DATE 7-(7-13 C9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jose Smith, City Attor Jimmy L. Morales, City DATE: July 17, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, A ENDING RESOLUTION 2013-28187, TO AUTHORIZE, PURSUANT TO SECTIONS 118-537(B)(3) AND 142- 108(G)(3) OF THE MIAMI BEACH CITY CODE, THE PAYMENT OF $2,436.00 TO MURRAY GREENBERG, ESQ. AS REASONABLE FEES AND EXPENSES FOR THE SERVICES RENDERED AS SPECIAL MASTER IN THE APPEAL OF "IN RE: 42 STAR ISLAND DRIVE, MIAMI BEACH, FL," CASE NO. HPSM-13-001, ORB FILE NO. 22936. ADMINISTRATION RECOMMENDATION Authorize the payment of $2,436.00 to Murray Greenberg, Esq. as a reasonable fees and expenses for the services rendered in the appeal of "In Re: 42 Star Island Drive, Miami Seach, FL," Case No. HPSM. FUNDING $2,436.00 Funding is available from Account 011-0210-000313. BACKGROUND On March 26, 2013, the Miami Design Preservation League, Inc., (MDPL), by its attorney Kent Harrison Robbins, filed an appeal of the March 6, 2013 City of Miami Beach Design Review Board Order on File No. 22936, approving the Application for Design Review Approval for the construction of a new 2-story home, to replace an existing home constructed prior to 1942, to be demolished, at 42 Star Island Drive. Section 142-1 08(g)(3) of the Miami Beach City Code, required that this appeal be heard by a Special Master appointed by the City Commission, in accordance with the procedures set forth in Section 118-537(b) of the Miami Beach City Code. The Special Master appointed by the City Commission to hear such appeals is Warren Bittner, Esq. On April 4, 2013, Appellant, MDPL, filed a Verified Motion to Disqualify Special Master Bittner. Mr. Robbins stated that Special Master Bittner is representing the City of Miami, as Deputy City Attorney, in two preexisting, ongoing and "contentious" litigation cases where Mr. Robbins is the opposing counsel. For said reasons, Mr. Robbins explained that the MDPL "fears that it will not 259 receive a fair hearing and determination in the present appeal due to specific prejudice and/or bias of the Special Master as a result of the ongoing adversarial relationship between its counsel and Special Master Bittner." On April 5, 2013, Special Master Bittner issued an order on the Appellant's Verified Motion to Disqualify, whereby he ruled that although the Motion to Disqualify was legally insufficient on various grounds, he would nevertheless voluntarily recuse himself as the Special Master in this appeal as "it would be in the best interests for the administration of justice" and "consistent with Cannon 2 & 3 of the Florida Code of Judicial Conduct." On April 17, 2013, the City Commission appointed Murray Greenberg, Esq. to serve as the Special Master in the appeal of "In Re: 42 Star Island Drive, Miami Beach, FL," Case No. HPSM-13-001, ORB File No. 22936 (See Resolution 2013-28187). Mr. Greenberg is a member in good standing of the Florida Bar, and has expertise in the area of historic preservation. The matter came on for hearing before Special Master Greenberg on June 4, 2013, and Special Master Greenberg having reviewed comprehensive briefs and responses from all parties; having heard well-presented argument of counsel for all parties; and having reviewed the extensive record below, entered his Report of Special Master on June 10, 2013. On June 11, 2013, Special Master Greenberg submitted an invoices for professional services rendered and expenses incurred, listing $2,400.00 for 9.6 hours of service ($250.00/hourly rate) and $36.00 in expenses, for a total due of $2,436.00, as fully described and set forth in the itemized schedule of services and expenses attached hereto as Exhibit A. The City Attorney reviewed the invoice submitted by Special Master Greenberg and has determined that $2,436.00 is reasonable compensation for the services rendered and expenses incurred from April17, 2013 to June 10, 2013; based on the time and labor required; the novelty and difficulty of the questions involved; the skill required to perform the services properly; and Special Master Greenberg's experience, reputation, diligence, and ability. CONCLUSION Pursuant to Sections 118-537(b) and 142-1 08(g)(3) of the Miami Beach City Code, Compensation for the Special Master appointed to hear appeals of Miami Beach Design Review Board's orders shall be determined by the City Commission. Based on the foregoing, it is hereby requested that the City Commission authorize the payment of $2,436.00 to Murray Greenberg, Esq. as a reasonable fees and expenses for the services rendered in the appeal of "In Re: 42 Star Island Drive, Miami Beach, FL," Case No. HPSM-13-001, ORB File No. 22936. JLM/JS/reg If!) T:\AGENDA\2013\July 17\SPECIAL MASTER MEMO 42 STAR ISLAND.doc 260 RESOLUTION NO. 2013-28187 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND APPOINTING, PURSUANT TO SECTIONS 142-108(G)(3) AND 118-537(B) OF THE MIAMI BEACH CITY CODE, MURRAY GREENBERG, TO SERVE AS SPECIAL MASTER, ON THE APPEAL OF "IN RE: 42 STAR ISLAND DRIVE, MIAMI BEACH, FL", CASE NO. HPSM-13-001, ORB FILE NO. 22936. WHEREAS, on March 26, 2013, the Miami Design Preservation League, Inc., (MDPL), by its attorney Kent Harrison Robbins, filed an appeal of the March 6, 2013 City of Miami Beach Design Review Board Order on File No. 22936, approving the Application for Design Review Approval for the construction of a new 2-story home, to replace an existing home constructed prior to 1942, to be demolished, at 42 Star Island Drive; and WHEREAS, Section 142-108(g)(3) of the Miami Beach City Code, requires that this appeal be heard by a Special Master appointed by the City Commission, in accordance with the procedures set forth in Section 118-537(b) of the Miami Beach City Code; and WHEREAS, the Special Master appointed by the City Commission to hear such appeals is Warren Bittner, Esq.;oand WHEREAS, on April 4, 2013, Appellant, MDPL, filed a Verified Motion to Disqualify Special Master Bittner; and WHEREAS, on April 5, 2013, Special Master Bittner issued an order on the Appellant's Verified Motion to Disqualify whereby he ruled that although the Motion to Disqualify was legally insufficient on various grounds, he would nevertheless voluntarily recuse himself as the Special Master in this appeal as "it would be in the best interests for the administration of justice" and "consistent with Cannon 2 & 3 of the Florida Code of Judicial Conduct"; and WHEREAS, the City Attorney's Office has identified and circulated resumes to the City Commission and counsel for the parties to the appeal for three candidates for appointment, as an alternate Special Master to replace Special Master Bittner; and WHEREAS, while all the candidates are eminently qualified to serve, counsel for the parties have indicated they have no objection to the appointment of Murray Greenberg to serve; and WHEREAS, the City Attorney's Office has confirmed that Murray Greenberg satisfies the requirements and expertise to perform as Special Master in this appeal; and WHEREAS, since Murray Greenberg's appointment is limited to one appeal, his service will not preclude other attorneys of the law firm in which he serves as Of Counsel, Stearns Weaver, from appearing before the City Commission or any City Board on any issue, nor would the firm be prohibited from lobbying or litigating against the City. EXHIBIT A 261 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT: Based on the foregoing, Murray Greenberg is hereby appointed to serve as Special Master, in the appeal of "In Re: 42 Star Island Drive, Miami Beach, FL", Case No. HPSM-13-001, ORB File No. 22936. PASSED and ADOPTED this 17 1h day of April 2013. RAFAEL E. GRANADO, CITY CLERK APPROVED AS TO FORM & LANGUAGE ?--F~ EXE ION T:IAGENDA\20131Aprii17\Special Master Resolution 42 Star lsland.doc Page 2 of2 262 RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION 2013-28187, TO AUTHORIZE, PURSUANT TO SECTIONS 118-537(B)(3) AND 142-108(G)(3) OF THE MIAMI BEACH CITY CODE, THE PAYMENT OF $2,436.00 TO MURRAY GREENBERG, ESQ. AS REASONABLE FEES AND EXPENSES FOR THE SERVICES RENDERED AS SPECIAL MASTER IN THE APPEAL OF "IN RE: 42 STAR ISLAND DRIVE, MIAMI BEACH, FL," CASE NO. HPSM-13- 001, ORB FILE NO. 22936. WHEREAS, on March 26, 2013, the Miami Design Preservation League, Inc., (MDPL), by its attorney Kent Harrison Robbins, filed an appeal of the March 6, 2013 City of Miami Beach Design Review Board Order on File No. 22936, approving the Application for Design Review Approval for the construction of a new 2-story home, to replace an existing home constructed prior to 1942, to be demolished, at 42 Star Island Drive; and WHEREAS, Section 142-108(g)(3) of the Miami Beach City Code, required that this appeal be heard by a Special Master appointed by the City Commission, in accordance with the procedures set forth in Section 118-537(b) of the Miami Beach City Code; and WHEREAS, the Special Master appointed by the City Commission to hear such appeals is Warren Bittner, Esq.; and WHEREAS, on April 4, 2013, Appellant, MDPL, filed a Verified Motion to Disqualify Special Master Bittner; and WHEREAS, on April 5, 2013, Special Master Bittner issued an order on the Appellant's Verified Motion to Disqualify, whereby he ruled that although the Motion to Disqualify was legally insufficient on various grounds, he would nevertheless voluntarily recuse himself as the Special Master in this appeal as "it would be in the best interests for the administration of justice" and "consistent with Cannon 2 & 3 of the Florida Code of Judicial Conduct"; and WHEREAS, on April 17, 2013, the City Commission appointed Murray Greenberg, Esq. to serve as the Special Master in the appeal of "In Re: 42 Star Island Drive, Miami Beach, FL," Case No. HPSM-13-001, DRB File No. 22936 (See Resolution 2013-28187); and WHEREAS, pursuant to Sections 118-537(b) and 142-108(g)(3) of the Miami Beach City Code, the Special Master appointed to hear appeals of Miami Beach Design Review Board's orders shall be an attorney who is a member in good standing of the Florida Bar and who has expertise in the area of historic preservation; and WHEREAS, the matter came on for hearing before Special Master Greenberg on June 4, 2013, and Special Master Greenberg having reviewed comprehensive briefs and responses from all parties; having heard well-presented argument of counsel for all parties; and having reviewed the extensive record below, entered his Report of Special Master on June 10, 2013; and WHEREAS, on June 11, 2013, Special Master Greenberg submitted an invoices for professional services rendered and expenses incurred, listing $2,400.00 for 9.6 hours of service ($250.00/hourly rate) and $36.00 in expenses, for a total due of $2,436.00, as fully described and set forth in the itemized schedule of services and expenses attached hereto as Exhibit A; and Page 1 of 2 263 WHEREAS, pursuant to Sections 118-537(b) and 142-108(g)(3) of the Miami Beach City Code, Compensation for the Special Master appointed to hear appeals of Miami Beach Design Review Board's orders shall be determined by the City Commission; and WHEREAS, the City Attorney has reviewed the invoice submitted by Special Master Greenberg and has determined that $2,436.00 is reasonable compensation for the services rendered and expenses incurred from April 17, 2013 to June 10, 2013; based on the time and labor required; the novelty and difficulty of the questions involved; the skill required to perform the services properly; and Special Master Greenberg's experience, reputation, diligence, and ability. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT: Based on the foregoing, the City Commission hereby authorizes the payment of $2,436.00 to Murray Greenberg, Esq. as a reasonable fees and expenses for the services rendered in the appeal of "In Re: 42 Star Island Drive, Miami Beach, FL," Case No. HPSM-13-001, ORB File No. 22936. PASSED and ADOPTED this 1 ylh day of July 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK MATTI HERRERA BOWER, MAYOR T:\AGENDA\2013\July 17\Special Master Resolution 42 Star Island Authority to Pay Mr. Greenberg.doc Page 2 of 2 264 THIS PAGE INTENTIONALLY LEFT BLANK 265 COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, amending Resolution No. 2012-27928, which authorized a contract with Bob Murray & Associates to assist the Mayor and City Commission in the City Manager selection/hiring process; said amendment increasing the original $25,000.00 not-to-exceed contract amount by $2,000.00, for a new total not-to-exceed amount of $27,000.00, due to unforeseen expenses; and authorizing the City Attorney to execute any required amendment to the contract. Key Intended Outcome Supported: N/A Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: Bob Murray & Associates delivered the agreed upon services under the Agreement, however, due to unforeseen additional reimbursable expenses; the not-to-exceed amount was exceeded by $2,000.00. Bob Murray & Associates has provided invoices totaling to $16,500.00 for professional fees and $9,966.27 for expense reimbursements. It is recommended that the City Commission amend Resolution No. 2012-27928, to amend the not-to-exceed amount initially authorized for the Agreement from $25,000.00 to $27,000.00. AMEND RESOLUTION 2012-27928 Board Recommendation: Amount Account 1 2,000.00 011-0310-000312 2 Total 2,000.00 011-0310-000312 Financial Impact Summary: City Manager's General Fund, professional fees Ci Clerk's Office Le islative Trackin : City Attorney's Office and Human Resources Department Si n-Offs: Department Director SC-T $ T:\AGENDA\2013\.July 17\AMENDMENT 1-Reso 2012-27928 Summary.docx MIAMI BEACH 266 AGENDA ITEM _.;::;;C,......:7...:::£;;.___ DATE 7-17-/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: July17,2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2012-27928, WHICH AUTHORIZED A CONTRACT WITH BOB MURRAY & ASSOCIATES TO ASSIST THE MAYOR AND CITY COMMISSION IN THE CITY MANAGER SELECTION/HIRING PROCESS; SAID AMENDMENT INCREASING THE ORIGINAL $25,000.00 NOT-TO-EXCEED CONTRACT AMOUNT BY $2,000.00, FOR A NEW TOTAL NOT-TO-EXCEED AMOUNT OF $27,000.00, DUE TO UNFORESEEN EXPENSES; AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE ANY REQUIRED AMENDMENT TO THE CONTRACT. ADMINISTRATION RECOMMENDATION It is recommended that the City Commission amend Resolution No. 2012-27928, to amend the not-to-exceed amount initially authorized for the Agreement from $25,000.00 to $27,000.00. FUNDING Funding is available in the City Manager's General Fund (011-0310-000312) professional fees. BACKGROUND At the May 18 and 19, 2012, City of Miami Beach Commission Retreat the Commission directed the City Attorney and the Human Resources Department to initiate an expedited process to solicit qualified recruitment firms to assist the City Commission in its search for a qualified candidate to fill the position of City Manager. The Mayor and City Commission of the City of Miami Beach Florida authorized by 5/ih vote waiving the competitive bidding requirement (finding such waiver to be in the best interest of the City), and authorized the City Attorney to negotiate a professional services agreement with Bob Murray & Associates to assist the Mayor and City Commission in the City Manager recruitment process. On June 6, 2012, the Mayor and City Commission adopted Resolution No. 2012-27928, appropriating an amount not to exceed $25,000.00 to cover fees and miscellaneous expenses related to the City Manager's recruitment process; and the City entered into an Agreement with Bob Murray & Associates. The Agreement was executed for services pertaining to the City Manager's recruitment process, 267 Recruitment for a City Manager Page2 July 17, 2013 and allocated $16,500.00 for professional fees plus $7,500.00 for expense reimbursements, totaling $25,000.00. Expense reimbursements included such items such as travel, advertising, printing and binding, clerical support, long distance telephone charges, postage and delivery, civil, criminal and newspaper checks, credit checks, and photocopying. CONCLUSION Bob Murray & Associates delivered the agreed upon services under the Agreement; however, due to unforeseen additional reimbursable expenses; the not-to-exceed amount was exceeded by $2,000.00. Bob Murray & Associates has provided invoices totaling to $16,500.00 for professional fees and $9,966.27 for expense reimbursements. It is recommended that the City Commission amend Resolution No. 2012-27928, to amend the not-to-exceed amount initially authorized for the Agreement from $25,000.00 to $27,000.00. Attachments: a) Bob Murray & Associates: Financial breakdown by expense type b) Amendment to Resolution No. 2012-27928 JLM/BPB T:\AGENDA\2013\July 17\AMENDMENT 1 -Reso 2012-27928 Memo.docx 268 N 0') <0 Bob Murray & Associates (MBN Services, Inc.) Account #011-031 0-000312 Vendor# 048152 PO #019742 INVOICE INFORMATION Date Invoice# Professional Advertising Service 08/16/12 4813 2,500.00 315.00 09/17/12 4878 5,000.00 2,238.72 10/16/12 4891 5,000.00 11/16/12 4295 2,000.00 12/18/12 4996 01/16/13 5002 1,000.00 02/16/13 5077 03/18/13 5121 1,000.00 03/22/13 5131 06/04/13 5212 Clerical Support 113.75 487.50 520.00 TOTAL 16,500.00 2,553.72 1,121.25 Total Expenses Total Allowable Credit LexisNexis Checks 60.00 51.42 41.00 912.31 912.31 152.42 Note: credit #5212 is for $66.65 from invoice #4925. Error in hotel receipt. Expenses Fed Ex Postage 34.50 55.00 310.00 25.00 26.28 67.92 81.81 210.51 390.00 9,966.27 Photocopies Telephone Lodging 45.00 90.00 45.00 90.00 90.00 45.00 404.54 180.00 225.00 404.54 Contract agreed amount needs Commission approval Travel 1,253.79 693.59 755.95 1,179.84 (66.65) 3,816.52 7,500.00 2,466.27 Invoice Total 4,407.04 7,683.72 5,160.00 3,207.37 580.00 1,875.29 1,584.38 1,122.81 912.31 (6665) 26,466.27 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2012-27928, WHICH AUTHORIZED A CONTRACT WITH BOB MURRAY & ASSOCIATES TO ASSIST THE MAYOR AND CITY COMMISSION IN THE CITY MANAGER SELECTION/HIRING PROCESS; SAID AMENDMENT INCREASING THE ORIGINAL $25,000.00 NOT-TO-EXCEED CONTRACT AMOUNT BY $2,000.00, FOR A NEW TOTAL NOT- TO-EXCEED AMOUNT OF $27,000.00, DUE TO UNFORESEEN EXPENSES; AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE ANY REQUIRED AMENDMENT TO THE CONTRACT. WHEREAS, at the May 18 and 19, 2012 City Commission Retreat, the City Commission directed the City Attorney and the Human Resources Department to initiate an expedited process to solicit qualified recruitment firms to assist the City Commission in its search for a qualified candidate to fill the position of City Manager; and WHEREAS, on June 6, 2012, the Mayor and City Commission adopted Resolution No. 2012-27928, by 5/ih vote, waiving the competitive bidding requirement (finding such waiver to be in the best interest of the City), and authorizing the City Attorney to negotiate a professional services agreement with Bob Murray & Associates, for an amount not to exceed $25,000.00, to assist the Mayor and City Commission in the City Manager selection/hiring process; and WHEREAS, Bob Murray & Associates has completed the required services under the Agreement; however, due to unforeseen additional reimbursable expenses, the not-to-exceed amount was exceeded by $2,000.00; and WHEREAS, the Administration has reviewed the additional expenses incurred and finds such expenses to have been reasonable; and WHEREAS, accordingly, it is recommended that the City Commission amend Resolution No. 2012-27928, to amend the not-to-exceed amount initially authorized for the Agreement from $25,000.00 to $27,000.00. 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 amend Resolution No. 2012-27928, which authorized a contract with Bob Murray & Associates to assist the Mayor and City Commission in the City Manager selection/hiring process; said Amendment increasing the original $25,000.00 not-to-exceed contract amount by $2,000.00, for a new total not-to-exceed amount of $27,000.00, due to unforeseen expenses; and authorizing the City Attorney to execute any required amendment to the contract. PASSED AND ADOPTED this ___ day of _______ ,, 2013. 270 FOR CITY: ATTEST: City Clerk T:\AGENDA\2013\July 17\AMENDMENT 1-Reso 2012-27928.docx 271 CITY Mayor Matti Date MIAMI COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the City Manager to execute an Independent Contractor Agreement in an amount not to exceed $50,000.00 with Jorge G. Gomez, AICP, (Contractor), for a period of five (5) months, commencing retroactively on July 1, 2013, and ending November 30, 2013, for professional services related to the Miami Beach Convention Center Project (RFQ No. 22-11/12). Key Intended Outcome Supported: Improve convention center facility. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the City Manager be granted the authority to enter into an Independent Contractor Agreement with Jorge G. Gomez? Item Summary/Recommendation: Jorge G. Gomez, AICP, former Assistant City Manager, will be terminating his employment with the City as of June 30, 2013. Mr. Gomez began his employment with the City of Miami Beach June 1, 1981, and served in the following capacities: Management Intern Planner; Senior Planner; Principal Planner; Planning and Zoning Manager; Planning Director and Assistant City Manager Mr. Gomez's departure coincides with increased activity regarding the Miami Beach Convention Center Project. The City wishes to retain his services as an independent consultant to assist the City Manager in negotiations with the selected development team for the Project including finalization of the Project Master Plan and in negotiations of various related Project agreements. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 $50,000.00 2 3 Total $50,000.00 Account 440-0442-000312 Convention Center Operating Budget. Expense will also be included in the Convention Center Proposed Budget for FY 2013/14 440-0442-000312 Financial Impact Summary: Funds are included in the Convention Center Operating Budget. Cit Clerk's Office Le islative Trackin : Jimmy L. Morales, City Manager, extension 7010 MIAMI BEACH 272 AGENDA ITEM_C,;:;..._7_J __ DATE 7-/7-/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM FROM: Jimmy L. Morales, City Manager DATE: July 17, 2013 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDEPENDENT CONTRACTOR AGREEMENT, IN AN AMOUNT NOT TO EXCEED $50,000.00, WITH JORGE G. GOMEZ, AICP (CONTRACTOR), FOR A PERIOD OF FIVE (5) MONTHS, COMMENCING RETROACTIVELY ON JULY 1, 2013, AND ENDING ON NOVEMBER 30, 2013, FOR PROFESSIONAL SERVICES RELATED TO THE MIAMI BEACH CONVENTION CENTER PROJECT (RFQ NO. 22-11/12). ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOME Improve convention center facility. ANALYSIS The City is currently in the process of evaluating the development terms for the Miami Beach Convention Center District Project, pursuant to RFQ No. 22-11/12 (the Project). Jorge G. Gomez, AICP, is a former City employee whose tenure with the City uniquely prepared him to play a leading role in this Project. Mr. Gomez came to the City of Miami Beach as a young man and his professional development is directly tied to the changes in the City in the past three decades. He began his tenure with the City as a Management Intern Planner on June 1, 1981, and later served in the following capacities: Senior Planner; Principal Planner; Planning and Zoning Manager; Planning Director and Assistant City Manager. The purpose of this Resolution is to recommend that the City Manager be authorized to enter into an Independent Contractor Agreement with Mr. Gomez, for a period of five (5) months, beginning on July 1, 2013, and ending on November 30, 2013, to continue to provide the City with his expertise and with certain professional services related to the Project. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached Resolution, and authorize the City Manager to execute an Independent Contractor Agreement between the City of Miami Beach and Jorge G. Gomez, AICP, for a period not to exceed five (5) months with the term of the Agreement retroactively commencing on July 1, 2013, and ending November 30, 2013, and for an amount not to exceed $50,000.00. 273 CITY OF MIAMI BEACH SCOPE OF SERVICES FOR JORGE G. GOMEZ, AICP FOR EXHIBIT "A" CONSULTING SERVICES FOR THE MIAMI BEACH CONVENTION CENTER DISTRICT PROJECT (RFQ No. 22-11/12) I. SCOPE OF WORK 1. Assist the City Manager with work related to the Project, including preparation of City Commission, City Commission Committee and other City Board, committee and agency reports, and such other technical documents as deemed necessary by the City Manager. 2. Assist the City Manager with presentations to policy makers, community groups and regulatory agencies. 3. Assist the City Manager in negotiations with the selected development team for the Project, including finalization of the Project Master Plan and final Project agreements. II. METHODOLOGY 1. The City will assist the Contractor by providing office space and the necessary office equipment. 2. Contractor will be on site at his discretion and will work, on or off-site, the required hours to provide services effectively and efficiently and within the Project timeline. 3. Contractor will assist the City in the selection process of the Project development team, and play a leading role, on behalf of the Office of the City Manager in negotiating related Project agreements. Ill. TIMELINE AND PAYMENT SCHEDULE Payment for Services, in the total amount of $50,000.00, for the Term of this Agreement, shall be payable in five (5) equal installments of $10,000.00 each; payable on the last day of each month throughout the Term. IV. TOTAL COMPENSATION: $50,000.00 274 MIAMI BEACH INDEPENDENT CONTRACTOR AGREEMENT This Agreement is entered into on this __ day of , 2013, between Jorge G. Gomez, AICP, (Contractor), and the City of Miami Beach, Florida (City), for a period of five (5) months, with an effective starting date of July 1, 2013, and an end date of November 30, 2013 (the Term). 1. Scope of Work/Services. This Agreement is for the purpose of providing consulting services regarding the Miami Beach Convention Center District Project, pursuant to Request for Qualifications No. 22-11/12 (the Project); all as more specifically set forth in the Scope of Services, attached as Exhibit "A" hereto. 2. Fee. In consideration of the work and/or services to be provided pursuant to this Agreement, the City agrees to pay Contractor a fee, in the total not to exceed amount of $50,000.00, which shall be paid as follows: The Fee paid to Contractor pursuant to this Agreement shall be payable in five (5) equal installments of $10,000.00 each; due and payable on the last day of each month throughout the Term. 3. Work Schedule. Contractor will be on site at his discretion and will work, on or off-site, the required hours required to provide services effectively and efficiently and within the Project timeline. To facilitate Services to be provided by Contractor, the City will provide office space and the necessary office equipment. Contractor's work and/or services shall be overseen by the City Manager. 4. Termination. This Agreement may be terminated for convenience of either party, with or without cause, by giving written notice to the other party of such termination, which shall become effective upon fifteen (15) days following receipt by the other party of the written termination notice. Upon termination in accordance with this paragraph, the Contractor shall be paid a sum equal to all payments due to him up to the date of termination; provided Contractor is satisfactorily continuing to satisfactorily perform all work and/or services up to the date of termination. Thereafter, the City shall be fully discharged from any further liabilities, duties, and terms arising out of, or by virtue of, this Agreement. 5. Indemnification/Hold Harmless. Contractor agrees to indemnify, defend, and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to, attorney's fees, for personal economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of Contractor, and/or any and all subcontractors, employees, agents, or any other person or entity acting under Contractor's 275 control, in connection with the Contractor's performance of the work and/or services pursuant to this Agreement. Contractor shall pay all such claims and losses and shall pay all costs and judgments which may arise from any lawsuit arising from such claims and losses, and shall pay all costs and attorney's fees expanded by the City in defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total compensation to Contractor for performance of the work and/or services under this Agreement is the specific consideration from the City to Contractor for the Contractor's agreement to indemnify and hold the City harmless, as provided herein. Contractor and the City hereby agree and acknowledge that this indemnity provision is intended to and shall survive the termination (or earlier expiration) of this Agreement. 6. Limitation of Liability. The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of the compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. Contractor hereby expresses his willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount equal to the compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to Contractor for damages in the amount in excess of the compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. 7. Notices. All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: CONTRACTOR: CITY: Jorge G. Gomez, AICP 6820 Portillo Street Coral Gables, FL 33146 (305) 666-7983 Jimmy L. Morales, City Manager City of Miami Beach Office of the City Manager 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7000 ext. 7010 P~wP. 2 276 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 8. Venue. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in Federal Court. BY ENTERING INTO THIS AGREEMENT, CITY AND CONTRACTOR EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 9. Duty of Care/Compliance with Applicable Laws. With respect to the performance of the work and/or service contemplated herein, Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. In its performance of the work and/or services, Contractor shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance, as same may be amended from time to time; and by any and all ethics/standards of conducts as referenced in Chapter 2 of the City of Miami Beach Code (as may be amended from time to time). Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the work and/or services. Contractor further covenants that in the performance of work and/or services under this Agreement, no person having any such interest shall knowingly be employed by the Contractor. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. 10. Ownership of Documents/Patents and Copyrights. Any and all documents prepared by Contractor pursuant to this Agreement are related exclusively to the work and/or services described herein, and are intended or represented for ownership by the City. Any re-use distribution, or dissemination of same by Contractor, other than to the City, shall first be approved in writing by the City Manager, which approval, if granted at all, shall be at the City Manager's sole and absolute discretion. Any patentable and/or copyrightable result arising out of this Agreement, as well as all information, specifications, processes, data and findings, shall be made available to the City, in perpetuity, for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement Paae 3 277 shall be the subject of any application for patent or copyright by or on behalf of the Contractor (or its employees or sub-contractors, (if any) without the prior written consent of the City Manager, which consent, if given at all, shall be at the Manager's sole and absolute discretion. 11. No Assignment/Transfer. This section intentionally left blank. 12. Liability for Sub-contractors. Contractor shall be liable for its work and/or services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of any sub-contractors (if any), and any other person or entity acting under the direction or control of Contractor (if any). When the term "Contractor'' is used in this Agreement, it shall be deemed to include any sub-contractors (if any) and/or any other person or entity acting under the direction or control of Contractor (if any). All sub-contractors (if any) must be approved in writing by the City Manager prior to their engagement by Contractor, which approval, if granted at all, shall be at the City Manager's sole and absolute discretion. 13. Independent Contractor/No Joint Venture. THIS AGREEMENT SHALL NOT CONSTITUTE OR MAKE THE PARTIES A PARTNERSHIP OR JOINT VENTURE. FOR THE PURPOSES OF THIS AGREEMENT, THE CONTRACTOR SHALL BE DEEMED TO BE AN INDEPENDENT CONTRACTOR, AND NOT AN AGENT OR EMPLOYEE OF THE CITY, AND SHALL NOT ATTAIN ANY RIGHTS OR BENEFITS UNDER THE CIVIL SERVICE OR PENSION ORDINANCE OF THE CITY, OR ANY RIGHT GENERALLY AFFORDED CLASSIFIED OR UNCLASSIFIED EMPLOYEES INCLUDING ANNUAL AND SICK DAY ACCRUAL. FURTHER, THE CONTRACTOR SHALL NOT BE DEEMED ENTITLED TO FLORIDA WORKER'S COMPENSATION BENEFITS AS AN EMPLOYEE OF THE CITY OR ACCUMULATION OF SICK OR ANNUAL LEAVE. 14. Waiver of Breach. A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 15. Severance. In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City elects to terminate this Agreement. 16. Joint Preparation. The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. P!ln~4 278 17. Entire Agreement. This writing and any exhibits and/or attachments incorporated (and/or otherwise referenced for incorporation herein) embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] P;:~nP. 5 279 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized, this date and year first above written. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: Rafael E. Granado, City Clerk Jimmy L. Morales, City Manager FOR CONTRACTOR: JORGE G. GOMEZ, AICP WITNESS: By: Signature Print Name By: Print Name Print Name Approved: 3 Human Resources Department P::WP. 6 280 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDEPENDENT CONTRACTOR AGREEMENT, IN AN AMOUNT NOT TO EXCEED $50,000.00, WITH JORGE G. GOMEZ, AICP (CONTRACTOR}, FOR A PERIOD OF FIVE (5} MONTHS, COMMENCING RETROACTIVELY ON JULY 1, 2013, AND ENDING ON NOVEMBER 30, 2013, FOR PROFESSIONAL SERVICES RELATED TO THE MIAMI BEACH CONVENTION CENTER PROJECT (RFQ NO. 22-11/12). WHEREAS, the City is currently in the process of evaluating the development teams for the Convention Center District Project, pursuant to Request for Qualifications No. 22-11/12 (the Project); and WHEREAS, Jorge G. Gomez, AICP, began his employment with the City of Miami Beach June 1, 1981, and served in the following capacities: Management Intern Planner; Senior Planner; Principal Planner; Planning and Zoning Manager; Planning Director and Assistant City Manager; and WHEREAS, Jorge G. Gomez, AICP, is a retired City of Miami Beach employee whose tenure with the City uniquely prepared him to consult on the Project; and WHEREAS, it is in the City's best interest to retain the continuity, organizational historical perspective and experience that contracting with Jorge G. Gomez, AICP will provide; and WHEREAS, Jorge G. Gomez, AICP, is willing and available to consult on the Project for a total fee of $50,000.00, (payable in five (5) monthly installments of $10,000.00 each), for the five (5) month term of the Agreement; which term shall be deemed to have commenced retroactively on July 1, 2013, and shall end on November, 30, 2013. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City Manager to execute an Independent Contractor Agreement, in an amount not to exceed $50,000.00, with Jorge G. Gomez, AICP (Contractor), for a period of five (5) months, beginning on July 1, 2013, and ending on November 30, 2013, to continue to provide the City with certain professional services related to the Miami Beach Convention Center Project (RFQ No. 22-11/12). PASSED AND ADOPTED this ___ day of _______ , 2013. ATTEST: By City Clerk Rafael E. Granado Mayor Matti Herrera Bower 281 APPROVED AS TO FORM & LANGUAGE & FOt1 EXECUTION C7 -Resolutions C7K A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee Related To The City's Self-Funded Group Health Plan. (Human Resources) (Memorandum to be Submitted in Supplemental) 282 THIS PAGE INTENTIONALLY LEFT BLANK 283 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting the Recommendation of the Finance and Citywide Projects Committee to Adopt the Budget Advisory Committee's Proposed Policies and Guidelines In Order To Ensure Long Term Pension Reform. Key Intended Outcome Sup orted: Control costs of payroll including salary and fringes/ minimize taxes/ ensure expenditure trends are sustainable over the lon term. Supporting Data (Surveys, Environmental Scan, etc.): Based upon the draft Actuarial Valuation Report for the Fire and Police Pension Plan that was presented at the February 21. 2013, Fire and olice Pension Board meeting, the preliminary estimate for the City's Annual Required Contribution ARC) towards the Fire and Police Pension Plan, which is payable on October 1, 2013, is $41.5 illion, an increase of approximately $2.1 million from the current fiscal year. The $41.5 million epresents 89.6% of pensionable payroll for Fire and Police. The unfunded liability is estimated at 382 million, representing a percent funded of 59 percent. If no changes are made and all ssumptions are met, the City's actuary estimates that the ARC will decrease to 80 percent of ionable payroll by 2022, and 35% of payrol! by 2041. The Actuarial Valuation Report for the Miami ach Employees' Retirement Plan (MBERP) adopted during the March 12, 2013, Pension Board eeting, reflects the City's ARC, payable October 1, 2013, at $26.2 million, an increase of $5 million. no changes are made and all assumptions are met, the Plan's actuary estimates that the MBERP Plan will be at 31 ercent of a roll in 2022. Item Summary/Recommendation: In early 2011, the Mayor approached the City's Budget Advisory Committee (BAC) to undertake a study of pension reform for each of the City's two pension plans (Fire and Police and the General Employees' Pension Plan) to identify options to ensure the long-term sustainability of the Plans, particularly in the Police and Fire Pension system which represents the fastest growing cost to the City budget. The BAC's final recommendations were presented during a Special Commission Workshop on August 29, 2012. As part of their recommendations, the BAC proposed a set of policies for long-term pension reform and guidelines for the City to adopt which establish thresholds, which, if not met, will require the City to take prompt and appropriate measures to meet the guideline criteria. The policies and guidelines address four perspectives: (1) Affordability and Sustainability, (2) Appropriate Benefits to Provide to Employees, (3) Recruitment and Retention, and (4) Management of Risk/Risk Sharing. Adviso Board Recommendation: Finance and Citywide Projects Committee recommend adopting the resolution. Financial Information: Source of Amount Account Funds: 1 l l 2 3 OBPI Total Financial Impact Summary: Adopting the proposed pension guidelines will provide future savings and sustainability to the City's pension plans. Clerk's Office Le islative Trackin Si n-Offs: Department Director KGB MIAMI BEACH ity Manager 284 JLM AGENDA ITEM _C_7_L __ DATE 7-(7-13 City of Miami Beach, 1 700 Convention Center Drive, Mimni Florido 331 COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and FROM: Jimmy L. Morales, City Manage DATE: July17,2013 SUBJECT: A Resolution Accepting the Recommendation of the Finance and Citywide Projects Committee to Adopt the Budget Advisory Committee's (BAC) Proposed Policies and Guidelines In Order To Ensure Long Term Pension Reform The Government Finance Officers Association (GFOA) recommends that state and local governments have a policy statement that will guide their on-going plan design decisions. This policy should encourage governments to provide sustainable and properly funded retirement plans, which will attract employees in a competitive labor market, facilitate effective management of the workforce and fulfill employee retirement needs. In early 2011, the Mayor approached the City's Budget Advisory Committee (BAC) regarding undertaking a reform study for each of the pension plans to identify options to ensure the long-term sustainability of the Plans, particularly the Police and Fire Pension system that represents the fastest growing cost to the City budget. As part of this effort the BAC developed a set of guidelines and policies for the future. BACKGROUND The City has two (2) pension plans, which are the City Pension Fund for Firefighters and Police Officers in the City of Miami Beach (Fire and Police Plan) and the Miami Beach Employees' Retirement Plan for General Employees (MBERP). During the October 1, 2009- September 30, 2012, collective bargaining process with the City's five (5) collective bargaining units, the City and the Unions negotiated several changes that were implemented for each of the pension plans for current and future employees in November 2011. The General Employees' pension plan (MBERP) was amended to include pension reform initiatives that will significantly reduce the City's pension contributions in the short, term and long-term. However, the pension changes made to the Fire and Police Plan in 2010, failed to address the short-term increasing costs derived from the benefits that are currently provided to the pension plan members, which represents the fastest growing costs to the City's budget in recent years. The BAC held twenty meetings and developed a study that included the following components: • Develop an understanding of the City's current pension plan benefits and costs for the Fire and Police Pension Plan and the Miami Beach Employees' Retirement Plan from the perspective of legal counsel, the City's actuary, the City Manager and the administrator for each of the pension plans; 285 City Commission Meeting Pension Policies and Guidelines July 17, 2013 Page 2 of 5 • Solicit input from the City's collective bargaining groups and individual employees; • Survey comparative jurisdictions in the region regarding pension plan costs and benefits; • Draft policies and guidelines to guide management of the City's pension plans into the future, (a copy of which is attached for your review); • Identify and review options for changes to the Fire and Police Pension Plan based on 6 major categories, namely: o Florida Retirement System (FRS) o Defined Benefit similar to FRS, including a Social Security equivalent o Hybrid Plans with both, a defined benefit and a defined contribution component o Changes to the existing plan with a combination of past service benefits and benefits earned prospectively o Freezing the existing plan and defining new benefits based on Florida Statute Chapter 175 and 185 minimum benefits to continue receiving premium taxes o Changes to the existing plan to reflect the savings associated with plan changes included in the 2010 collective bargaining agreements with the International Federation of Fire Fighters (IAFF) and the Fraternal Order of Police (FOP) that have not yet been implemented by the Fire and Police Pension Board; • Evaluate the cost impacts of potential options; and • Develop recommendations. On April 17, 2012, by a majority vote of 7-2, the BAC passed a motion for the Committees' final recommendation on pension reform for the Fire and Police Pension Plan which are currently being discussed through the bargaining process. In addition, the BAC recommended a set of policies and guidelines. The GFOA best practices for developing policies for retirement plans state the following: • Purpose of the retirement plan (e.g., level of replacement income and purchasing power retention); • Ability of public retirees to contribute to the economic viability of their community and not become a financial liability to the community in which they live due to inadequate retirement income; • Organization's philosophy regarding employer and employee responsibilities in preparing for retirement; • Availability of Social Security, retiree medical benefits, disability and survivor benefits and supplemental (e.g. 457) savings plans; • Costs, including the employer's ability to sustain payments and perhaps increase benefits over time and cost predictability; • Labor market considerations such as competitive environment, workforce mobility, length of employee service and recruitment and retention of employees; • Investment risk and control, including how investment risk is allocated between employer and employee; • Portability of benefits; • A plan design that can be communicated to and understood by plan participants; • Employee educational efforts; and • Advantages of the different types of plans (e.g., defined benefit, defined contribution and hybrid). 286 City Commission Meeting Pension Policies and Guidelines July 17, 2013 Page 3 of 5 BAC RECOMMENDED POLICIES AND GUIDELINES As part of the evaluation for pension reform in the City of Miami Beach, the BAC recommended policies for the long-term. The BAC also recommended guidelines for the City to adopt to establish thresholds which, if not met, will require the City to take prompt and appropriate measures to meet the guideline criteria. The policies and guidelines address four perspectives: (1) Affordability and Sustainability, (2) Appropriate Benefits to Provide to Employees, (3) Recruitment and Retention, and (4) Management of Risk/Risk Sharing, and include: Affordability and Sustainability GUIDELINE STATEMENT: If the City's portion of the total annual cost of retirement benefits contribution exceeds 25 percent of payroll for general employees and 60 percent of payroll for high risk employees, the City should review and evaluate potential changes to the collective bargaining agreements between the City and the Unions, applicable towards the next contract negotiations, in order to identify potential approaches to reduce the contributions to these levels over the long term. • POLICY STATEMENT: The City shall fund at least the normal cost of pension. If this exceeds the amount of the actuarially determined annual required contribution, the excess should be placed in a pension stabilization fund, to be made available for future pension shortfalls. • GUIDELINE STATEMENT: If the funded ratio (actuarial value of assets minus actuarial liabilities) of either of the City of Miami Beach's pension plans falls below 70 percent, the City should strive to implement approaches to increase the funded ratio to that level over five (5) years. POLICY STATEMENT: Salary growth should not exceed the average actuarially assumed salary growth in each of the City's pension plans. • POLICY STATEMENT: The City should strive to maintain a funded ratio of at least 80 percent for each of its defined benefit pension plans. POLICY STATEMENT: The City should require 5, 10 and 20 year projections of required pension contributions as part of the annual actuarial valuations for each of the City's pension plans. These projections shall be based on the current actuarial assumptions for each plan. The projections shall be updated to reflect the cost of any proposed benefit enhancement before the City Commission agrees to the enhancement. The cost of these studies shall be funded separately from the annual contribution to the pension plan. • POLICY STATEMENT: There shall be an experience study of each of the City's pension plans' actuarial assumptions performed by an actuary that is independent from the pension board. The experience study should be conducted at least once every three (3) years, to compare actual experience to the assumptions. The independent actuary shall make recommendations for any changes in assumptions 287 City Commission Meeting Pension Policies and Guidelines July 17, 2013 Page 4 of 5 based on the results of the experience study, and any deviations from those assumptions by the pension board shall be justified to the City Commission. POLICY STATEMENT: Once pension reform is implemented, a 5/7th vote of the City Commission should be required for any further pension changes. Appropriate Benefits to Provide to Employees • POLICY STATEMENT: The City of Miami Beach should strive to provide a retirement benefit that provides for a replacement of salary at a level at least equivalent to Social Security plus a supplemental retirement benefit. • POLICY STATEMENT: The City of Miami Beach retirement benefits should be adjusted periodically after retirement to reflect the impacts of inflation, with rates no more than the Consumer Price Index for All Workers -CPI(W), that is subject to City Commission approval and with a maximum of 3 percent annually. Recruitment and Retention • POLICY STATEMENT: The City of Miami Beach should strive to provide retirement benefits that ensure that the City is competitive in the recruitment and retention of employees. Management of Risk/Risk Sharing POLICY STATEMENT: The City of Miami Beach should strive to share some portion of retirement benefit risk with employees. • GUIDELINE STATEMENT: If the City's contribution to a defined pension benefit plan exceeds 25 percent of payroll for general employees and 60 percent of payroll for high-risk employees, the employee contribution should be reviewed. POLICY STATEMENT: The City of Miami Beach should strive to share some portion of retirement benefit risk with employees. • GUIDELINE STATEMENT: If the City's contribution to a defined pension benefit plan exceeds 25 percent of payroll for general employees and 60 percent of payroll for high-risk employees, the employee contribution should be reviewed. These policies and guidelines were adopted unanimously by the SAC (detailed Proposed Guidelines and Policy Statements are provided in "Attachment 1 "). The Supporting Rationale and Data for the Proposed Guidelines and Policy Statements are provided in "Attachment 2". FINANCE AND CITYWIDE PROJECTS COMMITTEE (FCWPC) RECOMMENDATION The SAC's Proposed Guidelines and Policy Statements were considered by the FCWPC on February 20, 2013, at which time the Committee recommended that Commissioner Weithorn review the Proposed Guidelines and Policy Statements with the SAC and bring back the item to the FCWPC for further discussion. Commissioner Weithorn reviewed the Proposed Guidelines and Policy Statements with the SAC at the April 9, 2013, SAC meeting. The item was then presented at the May 13, 2013, FCWPC meeting where the Committee 288 City Commission Meeting Pension Policies and Guidelines July 17, 2013 Page 5 of 5 recommended passing all of the proposed guidelines recommended for long term pension reform by the BAC except for one which proposed, "Once pension reform is implemented, a 5/ih vote of the City Commission should be required for any further pension changes". The Committee requested that the City Attorney's Office research the legalities of implementing this particular policy statement. CURRENT STATUS OF CITY'S PENSION PLANS The actuary for the City Pension Fund for Firefighters and Police Officers in the City of Miami Beach Fire and Police Pension Plan presented a draft Actuarial Valuation Report during the February 21, 2013, Fire and Police Pension Board meeting. This report will be made available once approved by the Fire and Police Pension Board. Based on the draft Valuation, the preliminary estimate for the City's Annual Required Contribution (ARC) towards the Fire and Police Pension Plan, which is payable on October 1, 2013, is $41.5 million, an increase of approximately $2.1 million from the current fiscal year. This represents 89.6% of pensionable payroll for Fire and Police. The unfunded liability is estimated at $382 million, representing a percent funded of 59 percent. If no changes are made and all assumptions are met, the City's actuary estimates that the ARC will decrease to 80 percent of pensionable payroll by 2022, and 35 percent of payroll by 2041. The Actuarial Valuation Report for the Miami Beach Employees' Retirement Plan was adopted during the March 12, 2013, Pension Board meeting. Based on the results of the Valuation, the City's Annual Required Contribution (ARC) towards the Miami Beach Employees' Retirement Plan payable October 1, 2013, is $26.2 million, an increase of $5 million, which represents 40.3% of payroll. The unfunded liability is $216 million, with a percent funded of 66 percent. If no changes are made and all assumptions are met, the Plan's actuary estimates that the Plan will be at 31 percent of payroll in 2022. "Attachment 3" provides a summary of valuation data for both of the City's pension plans for the past five years. "Attachment 4" provides a summary of the recent changes that were made to the City's two pension plans for in 2010. CONCLUSION The Administration recommends that the City Commission accept the recommendation of the Finance and Citywide Projects Committee to adopt all of the proposed guidelines, with the exception of the one proposed guideline that would require a 5/7ths vote for any further pension changes, which is being reviewed by the City Attorney's Office. The adoption of these polices would represent a major effort in addressing the long-term sustainability of both of the 's pension plans. JLM/ Attachments 289 RESOLUTION NO.---------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS MAY 13, 2013 MEETING TO ADOPT THE BUDGET ADVISORY COMMITTEE'S PROPOSED POLICIES AND GUIDELINES IN ORDER TO ENSURE LONG TERM PENSION REFORM. WHEREAS, During the October 1, 2009 -September 30, 2012 collective bargaining process with the City's five (5) collective bargaining units, the City and the Unions negotiated several changes that were implemented for each of the pension plans for then current and for future employees in November 2011; and WHEREAS, the General Employees' pension plan (MBERP) was amended to include pension reform initiatives that will significantly reduce the City's pension contributions in the short, mid, and long-term; and WHEREAS, while the changes made to both plans will yield short and long-term savings, these changes failed to fully address the increasing costs derived from the benefits provided to the pension plan members, particularly in the City Pension Fund for Firefighters and Police Officers in the City of Miami Beach ("Fire and Police Pension Plan"), which represents the fastest growing cost to the City's budget in recent years; and WHEREAS, in early 2011, the Mayor approached the City's Budget Advisory Committee (BAC) regarding a reform study for each of the pension plans to identify options to ensure the long-term sustainability of the Plans, particularly the Fire and Police Pension Plan, which represents the fastest growing cost to the City's budget; and WHEREAS, on April 17, 2012, by a majority vote of 7-2, the BAC passed a motion for the Committees' final recommendation on pension reform for the Fire and Police Pension Plan which is currently being discussed through the bargaining process; and WHEREAS, the BAC also recommended guidelines for the City to adopt to establish thresholds which, if met, will require the City to take prompt and appropriate measures to meet the guideline criteria; and WHEREAS, the policies and guidelines address four perspectives: (1) Affordability and Sustainability, (2) Appropriate Benefits to Provide to Employees, (3) Recruitment and Retention, and (4) Management of Risk/Risk Sharing; and WHEREAS, the item was presented at the May 13, 2013 Finance and Citywide Projects Committee meeting where the Committee recommended passing all of the proposed guidelines for long-term pension reform by the BAC except for one, "Once pension reform is implemented, a 5/th vote of the City Commission should be required for any further pension changes"; and WHEREAS, accepting the recommendation of the Finance and Citywide Projects Committee to adopt all of the proposed guidelines, with the exception of the one proposed guideline that would require a 5/7ths vote for any further pension changes, the City will help to address the long-term sustainability of both of the City's pension plans. 290 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee at its May 13, 2013 meeting and adopt the following Policy and Guidelines for pension reform as recommended by the Finance and Citywide Projects Committee and as more fully set forth below and in the Commission Memorandum accompanying this Resolution and in the Exhibits hereto: Affordabilitv and Sustainability GUIDELINE STATEMENT: If the City's portion of the total annual cost of retirement benefits contribution exceeds 25 percent of payroll for general employees and 60 percent of payroll for high risk employees, the City should review and evaluate potential changes to the collective bargaining agreements between the City and the Unions, applicable towards the next contract negotiations, in order to identify potential approaches to reduce the contributions to these levels over the long term. • POLICY STATEMENT: The City shall fund at least the normal cost of pension. If this exceeds the amount of the actuarially determined annual required contribution, the excess should be placed in a pension stabilization fund, to be made available for future pension shortfalls. • GUIDELINE STATEMENT: If the funded ratio (actuarial value of assets minus actuarial liabilities) of either of the City of Miami Beach's pension plans falls below 70 percent, the City should strive to implement approaches to increase the funded ratio to that level over five (5) years. POLICY STATEMENT: Salary growth should not exceed the average actuarially assumed salary growth in each of the City's pension plans. POLICY STATEMENT: The City should strive to maintain a funded ratio of at least 80 percent for each of its defined benefit pension plans. • POLICY STATEMENT: The City should require 5, 10, and 20 year projections of required pension contributions as part of the annual actuarial valuations for each of the City's pension plans. These projections shall be based on the current actuarial assumptions for each plan. The projections shall be updated to reflect the cost of any proposed benefit enhancement before the City Commission agrees to the enhancement. The cost of these studies shall be funded separately from the annual contribution to the pension plan. • POLICY STATEMENT: There shall be an experience study of each of the City's pension plans' actuarial assumptions performed by an actuary that is independent from the pension board. The experience study should be conducted at least once every three (3) years to compare actual experience to the assumptions. The independent actuary shall make recommendations for any changes in assumptions based on the results of the experience study, and any deviations from those assumptions by the pension board shall be justified to the City Commission. 2 291 Appropriate Benefits to Provide to Employees POLICY STATEMENT: The City of Miami Beach should strive to provide a retirement benefit that provides for a replacement of salary at a level at least equivalent to Social Security plus a supplemental retirement benefit. • POLICY STATEMENT: The City of Miami Beach retirement benefits should be adjusted periodically to reflect the impacts of inflation, with rates no more than the Consumer Price Index for All Workers -CPI(W), that is subject to City Commission approval and with a maximum of 3 percent annually to the extend legally permissible. Recruitment and Retention POLICY STATEMENT: The City of Miami Beach should strive to provide retirement benefits that ensure that the City is competitive in the recruitment and retention of employees. Management of Risk/Risk Sharing • POLICY STATEMENT: The City of Miami Beach should strive to share some portion of retirement benefit risk with employees. • GUIDELINE STATEMENT: If the City's contribution to a defined pension benefit plan exceeds 25 percent of payroll for general employees and 60 percent of payroll for high- risk employees, the employee contribution should be reviewed. POLICY STATEMENT: The City of Miami Beach should strive to share some portion of retirement benefit risk with employees . • • GUIDELINE STATEMENT: If the City's contribution to a defined pension benefit plan exceeds 25 percent of payroll for general employees and 60 percent of payroll for high- risk employees, the employee contribution should be reviewed. PASSED and ADOPTED this 1ih day of July, 2013. ATTEST: Rafael Granado City Clerk Matti Herrera Bower Mayor 3 292 ATTACHMENT 1 6. RECOMMENDED POLICIES AND GUIDELINES The Government finance Officers Assodot1on [GFOA) recommends that state and local governments have a policy !Statement that will guide their on-going plan design decisions. This policy should encourage governments to provide sustainable and properly funded retirement plans~ which will attract employees in a competitive market1 facilitate effective management of the workforce and fulfill retirement In developing a policy the following: • Purpose of the retirement plan !e.g., level replacement income power retention}; • Ability of public io to the economic viability of their not become a financial liability the community in which they llve due to ..,",,.,,,.._.,., retirement income; • Orgonizatlcm1s philosophy regording empfoyer and employee responsibilities ln preparing retirement; 6 Availability of Sadol Securify, benefits and supplemental (e.g. • Costs, including the benefits over time medical disability and savings plans; ability to sustain payments and perhaps .. labor market such as competitive environment, workforce mobility, length of employee service and recruitment and retention • Investment risk and controt including employer and ~mployee; • Portability of benefits; • A plan design that con be communicated to and understood by plan participants; • Employee educatioool efforts; and • the different benefit, defined contribution and hybrid). GfOA Bast Practices ond Advisories, Developing Q Polley for Retirement Pion Design !1999, 2007) {CORBA) Source: Florido Pensions, Volume I, Issue 11 April 2. 293 CITY OF MIAMI BEACH RECOMMENDED POUCIES AND GUIDEliNES As part of the evaluation For Pension Reform in the City of Beach, the Budget Advisory Committee (BAC) is n~commending policies for lang term pension reform. The BAC is also recommending guidelines the City to adapt establish thresholds if surpassed will require the City to take prompt and appropriate measures to meet the guideline criteria. The policies and guidelines address four perspectives! (1) Affordability and Susfoinobllity, {2) Appropriate Benefits to Provide to Employees, (3} Recruitment and Reh;)l'lt\on, and (41 Management of Risk/Risk Sharing. These policies and guidelines were adopted 1.manimously by the BAC. Affordability and Sustainubility • GUIDEliNE STATEMENT: If the City's portion of the cost retirement benefits contribution exceeds pen::ent of payroll general employees and risk employees, the review and evaluate potential changes to bargaining agreements belvlleen the City and the Unions, applicable towards next contrllc.:f neg~Jtiotions 1 in order to identify potem1ol approaches to reduce the contribu!lons to these levels over the long term. POUCY STATEMENT: The shall at exceeds the omourd of acruoriol1y determined annual pension. If this the excess should be placed in a '"'"'''""'" stabilization to be mode ovoiloble future shortfalls. ~~ POUCY STATEMENT: The City should strive to ratio of at \east 80 percent for each of its benefit pension plt~ns, e GUIDEUNE STATEMENT; If the funded ratio tactuoriol value assets oduarioi liobililles} of either of the City of Beach's pension plans falls below 70 percent, City strive to implement opproachas to im::reose the funded ratio to that level over • POUCY STATEMENT: Salary growlh salary growth in each Clly's Budget Advisory Pension Reform Report 294 not exceed pions. assumed Poge 39 • POLICY STATEMENT: The City should require 5~ l 0 ond 20 yeor projections of required pension contributions as port of the annual octuarlol for eoch of the Ci!y1s pension plans. These projoctlc:.ms sholl be based on the current assumptions for each plan. The proiedlons shaH be updated to reflect the cost of cmy propose~d benefit enhom::;ement before CiJy Commission agrees to the enhoncement. The cost of these studies shall be funded separately the annual cor.tributll::m to the pension plan. * POLICY STATEMENT: There ba on exparience study of each of the Ci!y's penslon plan's ocluorlol assumptions performed by on actuary that is independent from the pension board, The experience study should be conducted al least once every three {3) yean:., to compare actual experience to the ossumpfions. The independenl actuary sholl make recommendations for any changes in assumptions based on results of experience study 1 and any devialions from those assumptions by the pension board shall be to the Cily Commission. ® POLICY STATEMENT: Once pension reform is o 5/7&. vote of the City Commlssion should be required For any further pension changes. Appropriate Benefit-1 to Provide to Employees 111 POLICY STATEMENT: The City Mioml Beach should strive lo provide o retirement beneffl jhot provides for o replacement of salary ot o level at least equivalent to Social Security plus o supplemental be~~efit ® POLICY STATEMENT: lhe City of Beach retirement benefits should be adjusted periodically after retirement to reflect the of rotes no more !hon Consumer Index for All Workers -CPI(W), that is subjed to Clly opprovol and wiih o 3 percent onnuolly. Recruitm~nt and Ret~ntion "" POLICY STATEMENT: The City of Miomi Beach strive to ,..,,,..,,.,,.., .. thot ensure the is c:ompeli!ive in the recruitment and """'"''""~"' Budget Advisory Committee Penslon Reform Report Page 40 295 111 POliCY STATEMENT: Th~ City of Micnni Beach lhould ftri~ ro $hare $<:»me PQrtlon of retir4')tm(llnt benefit risk with employee~. 111 GUlDEUNE STATEMENT: If the City's ¢ontribution to o defined Pfi~nsion be~~eRt pion axeee»ds 25 parcent payroll for g®neral employees ond 60 percent of poyroU for high risk amploy®es, the employee contribution should be reviewed. · Poge41 296 AFFORDABILITY AND SUSTAINABlllTV the total cost retirement benefits contribution exceecis nAr>ll'lm employees and 60 percent of payroll for cv~:~•uaJ,'I::l' potential Chan~ to the couaotlve mn11rllnn applicable towards the contract n~IOiliEUiOI'IS rArtiii'!A the to these • The City shall fund at least the nonnal cost of pension. If this exceeds the amount of the actuarially detennlned annual required contribution, the excess should be placed in a pension ····· 'Stabi!i!ation fund, to be made avaUabie for future pem~lon shortfalls. ···········~··~~·~··~~~ Pension plans requtm annual contributions fmm plan sponsors (l.e •• munlclpat governments) and participants in order to maintain their funding kivals. Ideally, those contributions are only necessary to pay for future benefits that were earned by participants in the current year. That amount Is referred1o.~--~ as the nonnal contribution. Normal contributions Increase as plans provide more generous benefrts, .,..., .... T,te a:vatleble to more the of someone needs to when the wilt begin to benefits. n.., ... ,.,~,., ... plans require an additional contribution In unfunded When pension plans are underfunded. annual need to include normal contribution an additional contribution to pay down unfunded of liability. nArll:ltnl!'l!:l! if pension plans haw equal benefit policies and equal employee ctmmcteristics but one Is pereent funded and the other Is 100 percent funded, the plan that is 75 percent funded will require a larger annual contribution In order to pay down its unfunded liablllty. Plan sponsors do not make up entire unfunded portion of the liability ln e single year. Jn most cases, that wooid be too oostiy to pay in full. Instead, a professional actuary establishes a payment allows sponsor unfunded portion of the liability ovar as many as 30 with large liabilities will more pension 297 requirement and payment for of the required oontrlbutlon (ARC) that the City ls required to year. Typically, this is eJ<pressed as a percent of the to allow eomparabllity from year to year, es wall as, to 1 as of the 1011/10 valuation Fire and Pollee ...... n•ann Miami Beach Nnrm~1 Cost: Em!OlO'.!'ees ~.eotirAn1&:><nt Plan runrTnl'll Pollee P<:>lr'I~Jr\n are Under Utigatton. r..~"''"1•M•u~:~r the pi'OJ'eCtions and Pension PJan reo1aroma the Impact "'"'~''"''"''"«:! oolleetivety bargained for new employees were minimal. in aCit~mon ~~'~"'.,'"'''m all actuarial orc•iec:tlm;s were met from FY 2010/11 forward, the as a nAr,~g,ny to ~ ... ,.,, . .,.,.c.a to 81.05'Vo by Fiscal Year 2017 contribution. Miami Employees (MBERP) Actuary projected changes to plan for new employees would decrease the unfunded liability payment by approximately mi!Hon .. 5.78% of payroll after 10 years. Even with this decrease, and assuming all actuarial were met from FY 2010111 forward, the ARC as a percent of payroll is projected to ''"'""''.coa•~c to 37.12% by Fiscal Year 2017 * declining each year thereafter. Total annual em Jurisdiction Fort Hialeah 101112007-315/2008 32.59% Pollee: 84.41% Fire 127.03% {Piillns am now frozen and new plans with lower benefits 2 298 new hlres u ti n I nd 191 299 Pension plans require annual contributions from plan sponsom (i.e •• municipal governments) and participants in order to maintain their funding levels. Ideally. tho~e contributions a«l only necesury to pay for future benefits that wem earned by participants ln the current year. That amount is mferred to as the normal contribution. Norrnat contributions loorHsa as plans provide mo«l generous benefits, h411lnl~nm avanao~e to more Individuals the number of someone will bsgln require an additional contribution in order to eventually eliminate their pension plans are underfunded, annual contributions nnd to Include the normat contribution and an additional contribution to pay down the unfunded portion of the liability. Therafo«l, if two pension ptans have equal benefit policies and equat ampbyaa eharactwtics but one ts 75 percent funded and the other is 100 percent funded, the plan that Is 75 wiU require a larger annual contribution In ordar to pay unfunded liability. have to make up the entire unfunded portion of the liability a slng1e year. In amount would ba too costly for governments to pay in full. IMtud, a profMSkmal ftM''"""' es~ilbt!Eitlas a payment sch&duie allows the sponsor to pay off ~ unfunded the uam>~lml many as SO years. fn plans With large unfunded liabUitie~ will more in The combination of the normal cost funding requirement and 'the payment for amortization of the unfunded liability rasutm In a oombinad annwaJ mqui~ oontribution (ARC) that the City hl required to pay to eaeh pension ptan for the next fiscal year. Typically, this is expressed as a peroont of the payroll appUcable to the particular pension plan to allow oompambilfty from year to year, as wen as, to other pension plans. 300 tM negotiated changes to Fire and Ponce Pension Plan am under litigation. projections provided by the and Pollee Pension Pian actuary regarding the impact of ebarQM td\d~y b'M'Qa\ned for~ ~6YE!IM ~m m\n\ma\. \n addb, a"wm\ng '1!\\ ~uariii\\ projections were met from FY 2010/11 forward, as a Is oroJ1ect•:Kt increue to 81.05% by Fisoai Year 2017 contribution. The Miami Beach Employees Retirement Plan (MBERP} am ... ,.,.. proJiec~~ the plan for new employees would decrease tM unfunded m:an,m1V pa~rmem mil!ton .. 5. 78% of pa~tl after 1 o years. Even With proJtealtons were met from 2010111 taNn~~rd ~ ................. -to 37.12% by 2017, ctec:lll'lll'IQ 183 301 closed for new hlms 10}1/2007-31512008 32.59% 19.56% 711/12 3 302 Ci~ Beach Budget Advisory Committee Pension Reform: Poflcy Guideline Statements POUCY STATEMENT: o The City smw to maintain a funded ratio of at lmud 80 ~nt for each of its defined ben~ftt penman plans. GUIDEUNE STATEMENT(S): mlo (actuarial wtue of asaets m!nus actuarial iilbfilties) of either City cf Miami pention plarw falls below 70 percent, City should strom to implement approaches to ........... ,...."""' the funded to that level over ftva { 5) Background/Rationale: Each year. tile City receives independent actuarial reports for each of the City's two pension plans. The actualili wtuatlon of tile pension ptan i$ a mati1ematical determination of tila financial condition of ti1a ptan, which Includes: tile oomputation of the present monetary value of bineftta payable to prennt member$, tile present monetary value of future employer and employee contributions, considering tile expatled mormllty rates among emplayMs and rallrlls. rata~ of dlssbility, retirement age, withdrawal from service, utary increases~ Investment eamlng1 and value of useta. As part of tile annual act!Jirlal valuation for each plan band on plan data as of October the Actuary evaluates how the actual data for tile preceding year oompaffld to the actuarial valootloo for that year, Any differences are retlected as gains or lanes In unfunded flabilfty. The unfunded ilablllty ----- for a plan is the difference between the benefits earned (accrued) and the asaets of the plan on a glV&n datal and is typically amorti!:ed and funded over 30 years. The amortimtlon rnetilodo\ogy vanes by plan. In the Fire and Poli~ Pen1loo Plan, the amortluticm Is based on lncrealed payments In pr<>portlon to assumed Mure payroll growth. In tha an assumption of mvef amortimtion payments is used. 11'le unfunded lability of tile plan Is tile actuarial aeeruad llablity •'!he plan actuarill ~. This amount is ~ to haw year..t>y..year fluctuations: however. It the p~art·s assumptioM are oonsiant wfth the plans lang.-term ~rianee. tile changes In the unfunded lia~ should ~ owr the ife of the pian. tn contrut to the market value of the pension plan ~ts. the acltiarial value of the pension p\an a~ 11 equal to the market value of the uaets at a apedflc data, adjusted to refl.ed s fl~ ~ (or smoothing) of any · 1oM. The ~ smoothing of pension plan anet value means that only 20 that 1M fund ~ences In any one year is recognized Immediately for the purpose of determining the aduaria! wlue of tile plan and the annual ~wad ~n. TM ~t of tna acti.Ji'lmt ~~ lmbillt¥ f~ ~s a ~Ufe of a ml!lll.lkm fund's flsoal he:alth. 1 compares anetl to pension obligetiorli. A percentage over 1W-' means more money than it Mads to meet Its obligations at 1hat palm In time. 186 303 FRS (lnclud• Cuoonut Creek, Cooper City, Miami Gardens, Miami-Dade County, Miami Lakes, Pinecrest and WUton 304 87.1% (7/1111) City of Miami ~ea1c1 Budget Advisory Commlttee Pension Reform: Policy and Guideline Statements • The e.ggregate prefund!ng for ~· pensions In 2008 was allo 79 pen:::ent From 2001 through 2009, state gowmmootst aggregate penllon pmfundlng ranged tmm 59 to 90 percent. The Government Ac:oountabillty Offloo (GAO) reported ~t many experts ccmsider least 80 pef'C.:~Snt prefundlng to be sound for government pensions. (Soon:::e: The GAO's state and local Government Retiree Benefits Cuf'f&nt Funded (5); The GAO's state and Local Government Retiree i"!AftAtltiii< Current Funded Status of Pension and Hedh Benefits, January 2008.) The Act of 2006 o:msiders pen~ prefu~ at leu 'than 70 peroent as being •at risk" and attempts protect 1uch plans by commencing mtrletlons on corpt~mte pension funds only when pmfundlng ts below 80 ll'\l:ll"f-.:onv 2011 report prepared by the Leroy Coilins Institute at University ~Mion systems across florida asslgned the following grades to pension plana on pef'C.:~Snt funded. The following cmes scored an •p grade, according to the institute's study: Boynton Beach, Gocloor City, Fort Myers, Hollywood, Homestead, Jawonville. Miramar, Oakland Park, Ocala. Oviedo, BeaQh Gardens, Panama City, Parkland. Plant City, Port Orange, Tamtm\c, Temple Terra~. Venlce and Winter Haven. 1l'm highest rated was Melboum&'6 generat emplo~ plan With 190.1 percent funding* while Cooper City~ general employee and police pen&ion fund sat at ihe bottom with 35.48 percent funding. Pension funds that exceeded the 100% funded mark .... Tallahassee's general. Clearwatefs flrefightars, Gainesville's general, Key gEJMral, Cout's firefighters, Plantation's firefighters and Rockledge's general and police funds-mom enough money in the bank to ~r p~cted payouts to former and eurrent emr,lfi'VIMS_ The federal government has funded Its combined Civil ServiCE~ Retinmumt S~m (CSRS) and Federal EmpiOYH R~rement lyltem (FERS) pension obligations at only 41 percent of Uablltties and the military's pmfundlng for ~nslons is only 24 peroant (Source: us Postal Service Offlee of The Inspector General Report of Pension Fundtng, 2010). 187 305 year. the City receives Independent actuarial report~ for each of the City's two pension plans. actuarial valuation of tM pension plan Is a matMmaticaf determinatiOn of the financial oondffion of the plan, which includes: the oomputatfon of the present mone&ary vstua to present members, the present monetery value of future employer and employee oorttrlt~uti<)M. considering tha expected mortellty rams among employees and retlreas. rates of disability, ....................... . age, withdrawal tom service, salary incraesas,lnvestment amlngs and value of experience "gains" prior tM prior year. oonvemely, rnr<.r~~U!li~ the <=~J"!tl>t.al'l.:~l l"' ........ .th is more than the actuarial assumption unfunded liablllty of tha ptan. Salary growth can result from merit inCJituu~es, automatic stap adjustments to salaries of fMng adjustments Impacting all Of' subsets or employees (COLA's)* salary ranges based on compensation mi.H.III:i!lll. 1 306 15 1----___ ........... __ pension board for l!Vn::n:::n..-reoontly sannmw'lfl 1/11 valuation downturn A#'.ro.nl"'l''''"' liketymto Not Applicable 307 • an experienee study of of the aty's pension ptan•s .,....., .. ar~'"'' ndU'fl"'1"111'\l!UI by en actuary that is Independent from the pension board. 1"he 4!11X1'11Aml~n~ conducted at IHst once every three (3} yeam, to eompare actual ~~~:a'!lnAn~•nt"A usumptions. actuary shan make recommendations for assumptions of the atudyi and any nAw~att ....... ft assumptions be City Committkm. of Changes to pian benefits can affect """""'"' "'""""""""""'"negatively. If pian benefits are Increased. anticipated to be peid to pian membe~ fn Mum, although payments would be amortlted over the 1nnrt.t~~~:arm With aU alae belng equal, the plan will sea a tmJuwu• Not Applfooble 9 190 308 an experl~~ W,!dy ctty'l -n,~~:~nn ~"~Arfnl"''r~Ari by an actuary that Ia independent from the 1'\AI'I!~tl ... n conducted at lust once every t:hree (S) years; oompam •ac•eo .. .,..•"'fln•-m independent actuary shall make recommendations for on the results of the t'!lxperienoo study, end $l1Y d&viations from pension board shall be justified to the City Commission. Changes to ptan benefits ~n affect the actuarial "'~""'"' ..... lh•hll~tv negatively. tf plan benefits are lnorused, the mathematical \.iCIIII..>I.IIll!~lu•'a antlolpated to be pald to plan members ln the Mum. although payments would be amortized over the fong-tenn. YUflvurmtSlv with at! else being equa1, the plan w!U see a radudlon In 191 309 shoWd strlv'e to provide 1 retirement benltit that ott"JI.Nii=~ a at least equivalent to Social Security plus a annl<=:~mli'l,ntllll Wlndfa.U Bfmlnatloo Provlaion who worked mainly in a job not covered by Soctet .o;JII:II.iurnv had their Social~ ba'l1MH:I crucuat~ac! as If they ware iOng..tem~, low.-wage workers. They advantage of me:alving a Sods! Security bsneflt m~ntlng peMlon from a Job where did not pay Social Security taxes. Congress passed the WlndfaU Provtston to remove ht receiv& a pension from a federal, state or local gavem~nt based on work security taxes. your Soda1 Seoortty spouu*s or 'NidOW's or 'Nidowsr's be~m 11'1M'1o..Ynlirt'l!ll of your pension. (Source: Sootat Security website: ht!Q:[fmvw.§sa.go\(/pu~U/1 OQ~5JJtml --bttp;/lwwyt.ssa.ggv/pybs/1 0045.html httg://www.ssa.gov/pubs/1 0007.html) 192 310 311 Beginning in legislation usted periodlootly after retirement to ~tJUmiiT l>ri~lll Index for Ail Workem pen•mannwlly. s~ art«:! automatic annuat COt..M. The ~~mn~ was ana'cted by """""~~ to til$ annual mores~& In the CPI·W. Employaes hired before 10/1/10 .. 2.5% Emp1oyus hired on or after 1011/10 -1.5o/c> with first adjuttmant cMfecl'fed to 1 end of DROP or 2 mandatory 0 DROP COLAs" 194 312 Fort North Miami Cooonut ~. Miami Gardens. County. Mtami Piru~cn:~rSt and 13 313 salary ranges for Job daaslficatlooo In City of Mieml intemalequity and extema1 competitiveness. Internal equity responsibliitles, salary, tenure. ate.} between posHions within the tam& nrnRnb~Irm refers to the relationships (duties, lave! of rasponsibil1ties, oew1~ C!Oiiiti011S the external labor mari<et. in both. the public and nli\imtA ~~tnR In the past. psrticulsr1y during periods of low unemployment rates when rorriPitiltitln nu been tight. the City has targeted to set salaries in the 75'fll peroentl!e and to provide benefits similar to neighboring jurisd!ettons. In addition. the 2009 r.IAjlll.~tlflNrtl•"'l"' the City of M'mml City's NlltiJIIlllom~t wn~em:. appropriate considering employae 8 peroant contribution to ------~t>therJudl\lJ<;Uot» ~~,Y~.~nJt!h~~!'lout Ronda). 196 314 to -. at{~ a.mtri~ to 11. defm~ ~ne.\Gt'\ ~1\t ~tan e~~' 25 ~am\ o1 payr<.\tl fOf general employees and eo paroent of payroll for hlgh~k employees. the employe contribution should ~viewed. Comparison ______ Jurladlctlons: the City bears ....... .., ..... sector panslon 10/112001..a/51200S '15 191 315 (Includes Coconut Creek. Cooper Cityi Miami Gardens. Mlami-Oade County, Miami Lakes, Pinecrest and Witton 1 16 198 316 w ~ .....,. "'" Police and Fire of Miami Beach Valuation Data for Cltv's Pensi()n Plans Pollce&fim Projected PensionablE~ I% of Unfunded Actuarial the .AC:HIVtFNrr 4 IEO::f\11' CHANGES TO MIAMI lEACH PENSION PI.AI\IS All P:mJ~IO'tlree$ No retiree cost of IMng adjustment ~COLA) least 2 years for participants the deferred retirement option plan (DROP} latter 9/'l/12 (Years 3 and 4 of DROP} Off·duty compensation pensloMble/slck leave sell back up to the overtime compensation cap Additional Reductions for tmployees Hired attar 10/1/10 Minimum retirement Age of 48 for Rule of 70 Pushed back Increase In multlpl!er from 3% to 4% so that lt occurs in year 20 iflStead of year 15 Rna! AVerage Monthly Earning (FAME) increased from or last 2 to or last 3 years Retire COLA decreased from 2:.5% to 1.5% The impacts estimated by Buck Consultants, the actuary for the fire and Police Pension Plan for for Fire and Polite Pension Plan employees were minimal, with anlnltlal cost increase included in the actuarial impact statement, to be offset In the future by a of approximately $6S1,3£2., The estimated by Actuarial Concepts Inc., the Oty's .. u.u<trv. d·umges for new fire and Police Pension Plan a Net Pres~nt Value of $.32.8 mtllion over 30 years; I All Em;olo\lees Increase employee pension contribution by 2% 5 yt1or fino! averaging period (phased in) Additional reduced pension benefits 1or em,oltntees hired after 10/1/10: ,..,., • .., .... r1 normal retlrement age m~.<tlu~mt:l from 3% to 1.5% retiree COLA from 2.5% to 1.5% The savings estimated based on the changes to ME!ERP was million in year one. Impact ofthe ch;mges to maw MBERP employees was estimated as $900,000 !n the first year, and "'"r'""'"m·'""'v $6 million per 318 THIS PAGE INTENTIONALLY LEFT BLANK 319 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, accepting the recommendation of the Neighborhoods/Community Affairs Committee to authorize the City of Miami Beach to partner with Miami-Dade County Public Schools and the Anti-Defamation League to implement a citywide Anti-bullying program for the 2013-14 school year and authorizing the implementation of the program as set forth herein. Key Intended Outcome Supported: Enhance Learning Opportunities for Youth Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey shows that 91% of residents with children in public schools are very satisfied or satisfied with our City's public schools compared to 51% in 2007. Item Summary/Recommendation: At the February 6, 2013 City Commission meeting, a request was made for discussion regarding the current policy against bullying and harassment in Miami-Dade County Public Schools (M-DCPS) in support of the City of Miami Beach Education Compact to Enhance Learning Opportunities for Youth The City's Education Compact with M-DCPS supports the eradication of bullying and harassment in its public schools and community by providing awareness, prevention and education in promoting a school atmosphere in which bullying, harassment, and intimidation are not tolerated by students, school board employees, visitors, or volunteers. The ADL, through the generosity of the Harriet and Jack Rosenfeld Foundation, will support anti-bullying/cyberbullying trainings required to obtain designation at a cost of $1,200 per school for the 2013-14 school year for Miami Beach Senior High, South Pointe Elementary, North Beach Elementary, Biscayne Elementary, and Fienberg Fisher K-8 Center for either 30 students or 35 faculty/staff. The City of Miami Beach will earn the ADL's prestigious Community of Respect designation by sponsoring Nautilus Middle School at a cost of $1,200 and by implementing one community-wide event that raises awareness and/or addresses bullying prevention, diversity, and respect for all at a City-owned facility. The goal of the community-wide activity is to bring together residents of Miami Beach to support students, teachers, educations, and parents in creating a safe, peaceful, and respectful community for all via M-DCPS designated staff and M-DCPS providing the documentary "Bully". Due to the serious content of the film, the M-DCPS Division of Student Services does have specific recommendations regarding the use of the film in public schools. As such, the most appropriate audience to view the film is adult (staff, administrators, parents, and community members) and high school age youth per the M-DCPS Division of Student Services. Staff from M-DCPS Division of Student Services will be present at this event to provide support and information regarding bullying and violence prevention efforts being implemented throughout our District. The Administration recommends the approval of this Resolution. Advisory Board Recommendation: Neighborhoods and Community Affairs Committee April 29, 2013 directs administration to reach out to Nautilus Middle School and Fienberg Fisher K-8 Center to implement the program and sign the ADL resolution of respect; target the ADL anti-bias activity during the month of October, which is National Bullying Prevention Month; and seek the endorsement of a sports personality that children will want to see. Financial Information: Amount Account $1,200.00 011-0310-000362 Clerk's Office Le islative Trackin Leslie Rosenfeld Si n-Offs: Department Director MIAMI BEACH e!.7M 320 DATE 7---/7""/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: July17,2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACC PTING THE RECOMMENDATION OF THE NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE TO AUTHORIZE THE CITY OF MIAMI BEACH TO PARTNER WITH MIAMI-DADE COUNTY PUBLIC SCHOOLS AND THE ANTI-DEFAMATION LEAGUE TO IMPLEMENT A CITYWIDE ANTI-BULLYING PROGRAM FOR THE 2013-14 SCHOOL YEAR AND AUTHORIZING THE IMPLEMENTATION OF THE PROGRAM AS SET FORTH HEREIN. ADMINISTRATION RECOMMENDATION Approve the Resolution. BACKGROUND At the February6, 2013 City Commission meeting, a request was made for discussion regarding the current policy against bullying and harassment in Miami-Dade County Public Schools (M-DCPS) in support of the City of Miami Beach Education Compact to Enhance Learning Opportunities for Youth. The Education Compact, implemented in January 2008, reflects the desire of the Miami Beach community to support excellence in the City's public schools and enhance the health and well-being of our City's youth. The City's Education Compact with M-D CPS supports the eradication of bullying and harassment in its public schools and community by providing awareness, prevention and education in promoting a school atmosphere in which bullying, harassment, and intimidation are not tolerated by students, school board employees, visitors, or volunteers. The Neighborhood and Community Affairs Committee recommended the administration reach out to Nautilus Middle School and Fienberg Fisher K-8 Center through the M-D CPS Division of Student Services to support, in partnership with M-DCPS, the Anti-Defamation League's (ADL) No Place for Hate® Program with the intent of each City public school receiving the applicable designation for the 2013-14 school year. M-DCPS supports public schools becoming No Place for Hate® schools. The ADL, through the generosity of the Harriet and Jack Rosenfeld Foundation, will support anti- bullying/cyberbullying trainings required to obtain designation at a cost of $1,200 per school for the 2013-14 school year for Miami Beach Senior High, South Pointe Elementary, North Beach Elementary, Biscayne Elementary, and Fienberg Fisher K-8 Center for either 30 students or 35 321 Page 2 Resolution of the Mayor and City Commission accepting the recommendation of the Neighborhoods and Community Affairs Committee authorizing Anti-Bullying Program faculty/staff. The City of Miami Beach will earn the ADL's prestigious Community of Respect designation by sponsoring Nautilus Middle School at a cost of $1,200 and implement one community-wide event that raises awareness and/or addresses bullying prevention, diversity, and respect for all at a City-owned facility. The goal of the community-wide activity is to bring together residents of Miami Beach to support students, teachers, educations, and parents, in creating a safe, peaceful, and respectful community for all via M-DCPS designated staff and M-DCPS and will include the showing of the documentary "Bully". Directed by Sundance and filmmaker, Lee Hirsch, "Bully" is a cinematic, character-driven documentary. "Bully" follows five kids and families over the course of a school year. Stories include two families who have lost children to suicide and a mother awaiting the fate of her 14-year-old daughter who has been incarcerated after bringing a gun on her school bus. With an intimate glimpse into homes, classrooms, cafeterias, and principal's offices, the film offers insight into the often cruel world of the lives of bullied children. The "Bully" film was filmed and depicts stories of particular students as they live and are educated in a school system that did NOT have an Anti-Bullying Policy or State Law contrary to the State of Florida and M-DCPS. On June 10, 2008, the Legislature passed House Bill 669, the Jeffrey Johnston Stand Up for All Students Act. This act requires that all Florida districts adopt a policy prohibiting bullying and harassment of students and staff on school grounds, at school-sponsored events, and through computer networks. The film does document and vividly depicts losses due to school violence and suicide. Due to the serious content of the film, the Division of Student Services does have specific recommendations regarding the use of the film in public schools. As such, the most appropriate audience to view the film is adult (staff, administrators, parents, and community members) and high school age youth, per M-DCPS Division of Student Services. Staff from MDCPS-Division of Student Services will be present at this event to provide support and information regarding bullying and violence prevention efforts being implemented throughout our District. The City will work with M-DCPS in scheduling this activity which will take place on or around the month of October at a City owned facility and will include a panel discussion after the showing of the video "Bully". The City will also reach out to local sports personalities to support this initiative and encourage community participation. CONCLUSION The Administration recommends the approval of this Resolution. This approval will assist the Department in accomplishing its measurable objectives linked to the City's Key Intended Outcome of Enhancing Learning Opportunities for Youth. ~LDR 322 RESOLUTION TO BE SUBMITTED 323 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 Finance And Citywide Projects Committee And Authorizing The Mayor To Enter Into An Agreement, Acceptable To The City Attorney and the City Manager, With The Miami Beach Chamber Of Commerce, The Children's Trust, North Bay Village, The Town Of Bay Harbor Islands, The Town Of Surfside, And Bal Harbour Village To Implement The Nurse Initiative For The 2013-2014 School Year With Previously Appropriated Funding In The Amount Of $30,500 From The Miami Beach Education Compact Fund For FY 2012/13 For The City Of Miami Beach's Proportionate Share Of Funding For The Nurse Initiative. Ke_y Intended Outcome Supported: Enhance Learning O_QQ_ortunities for Youth Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey shows that 91% of residents with children are very satisfied or satisfied with our City's public schools compared to 51% in 2007. In 2011-12, there were 12,798 visits toMB schools with HCIOS, 93.78% non-routine visits and 81.09% returning to class. Item Summary/Recommendation: During the December 2012 Finance and Citywide Projects Committee meeting, motions made by the Quality Education Committee regarding the funding of a registered nurse at underserved public schools in the feeder pattern were discussed. The Finance Committee recommended funding the City's proportionate share, estimated $62,000 for a full-time registered nurse with benefits subject to the other neighboring municipalities also contributing their proportionate share of the nurse for the three underserved schools in the feeder pattern. The City's proportionate share is approximately $30,500 for the 2013-14 school year, appropriated for FY 2012/13 in the Education Compact Fund by resolution 2012-28018 for teacher development programs and fees to the International Baccalaureate Organization redirected at the May 8, 2013 Commission meeting per Resolution 2013-28219 to support the Nurse Initiative. Dr. Leslie Rosenfeld coordinated this effort between the City of Miami Beach, North Bay Village, Town of Surfside, Town of Bay Harbor Islands, and Bal Harbour Village, to converge efforts to secure the funding needed for the full-time registered nurse. As of May 2013, Town of Surfside $7,222, Town of Bay Harbor Islands $7,222, Bal Harbour Village $7,222, and North Bay Village $12,999. The Miami Beach Chamber of Commerce will serve as the fiscal agent to collect the funds from the participating neighboring municipalities and the City of Miami Beach and will disperse the funds to The Children's Trust. Funding would allow a registered nurse to visit North Beach Elem., Treasure Island Elem., and Ruth K. Broad K-8 Center, at least 1-2 times each week. HCIOS team of professionals including a shared Registered Nurse, a full-time Medical Assistant, and a social worker will be available. The MB Chamber of Commerce and Children's Trust have committed funding in the amount of $95,000 and $98,767 respectfully for the Nurse Initiative. Each school will have a full-time medical assistant at their site. The Administration recommends the approval of this Resolution. An agreement, acceptable to the City Attorney and the City Manager, should be entered into between the Miami Beach Chamber of Commerce, The Children's Trust, North Bay Village, the Town of Surfside, the Town of Bay Harbor Islands, Bal Harbour Village, and the City of Miami Beach, subject to all of the participating municipalities contributing their proportionate share of the costs for the Nurse. Board Recommendation: Finance and Citywide Projects Committee supports Nurse Initiative. Resolution 2013-28219 May 8, 2013 a roved fundin . Financial Information: Source of (7' Amount Account Funds:/, 1 $30,500 199-9967-000367 OBPI ~ Total $30,500 \ i Financial Impact Summary: City Clerk's Office Legislative Tracking: I, Dr. Leslie Rosenfeld i ~. ---------------------------------------------------------------~ Si Manager , City Manager \ MlAMIBEACH 324 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 DATE: July 17,2013 \ SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT, ACCEPTABLE TO THE CITY ATTORNEY AND THE CITY MANAGER, WITH THE MIAMI BEACH CHAMBER OF COMMERCE, THE CHILDREN'S TRUST, NORTH BAY VILLAGE, THE TOWN OF BAY HARBOR ISLANDS, THE TOWN OF SURFSIDE, AND BAL HARBOUR VILLAGE TO IMPLEMENT THE NURSE INITIATIVE FOR THE 2013- 2014 SCHOOL YEAR WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $30,500 FROM THE MIAMI BEACH EDUCATION COMPACT FUND FOR FY 2012/13 FOR THE CITY OF MIAMI BEACH'S PROPORTIONATE SHARE OF FUNDING FOR THE NURSE INITIATIVE. ADMINISTRATION RECOMMENDATION Approve the Resolution. BACKGROUND On October 24, 2012, Commissioner Libbin requested the motion made by the Committee for Quality Education regarding health care in feeder pattern public schools be referred to the Finance and Citywide Projects Committee to discuss consideration of the request to strengthen Education Compact activities as they relate to health and well-being. The Committee for Quality Education made the following motion at the September 24, 2012, meeting regarding health care in our public schools: The health and well-being of our children are of paramount importance and should be considered a community priority and responsibility. Therefore, the Committee for Quality Education recommends the Mayor and City Commission review the Health and Well-being activities in the Education Compact to strengthen them and consider funding support. The Education Compact with Miami-Dade County Public Schools (M-DCPS), established on January 16, 2008, includes the outcome to increase the health and well-being of students in Miami Beach public schools. The activities included in the Compact agreement to support this outcome include the following: 325 • The school District will maintain health clinics (nurse practitioners and/or registered nurses) at Fienberg-Fisher, Biscayne, Nautilus, and Miami Beach Senior High, subject to continued available funding, and will work with all Miami Beach schools to coordinate visits from the Health Connect on Wheels service (as available) or similar service to schools and/or Miami Beach recreation centers; • The District and the City will collaborate to deliver information regarding health and wellness education, prevention and intervention strategies regarding nutrition, physical activity levels, and health maintenance in accordance with the District's Wellness Initiative; • The City will explore the development of a middle school-level after-school program. The District will collaborate with the City by assisting with the recruitment of students, including providing space within District-owned facilities as needed, and exploring expanded transportation options for participating students; and, • District will explore the expansion of full-time nurse practitioners and/or registered nurses at schools without health clinics, subject to available funding. Of the eight Miami Dade County Public Schools that fall within the City of Miami Beach feeder pattern, there is Health Connect in Our Schools (HCIOS) Suites in five of them: Biscayne Elementary, South Point Elementary, Fienberg-Fisher K-8 Center, Nautilus Middle School, and Miami Beach Senior High School. For students that do not require routine medications, the HCIOS is used for nursing assessments, administration of first aide, consulting with parents and caregivers, etc. These are considered Non-Routine Medication visits and they account for over 90% of all the services provided amongst the HCIOS health suites. Each of the schools above with health services has one medical assistant (health aide) on site full- time to provide the day-to-day services in the health suites. The equivalent of two full time higher- level nurses provides services to all five schools. Additionally, a social worker serves each school; however, M-DCPS provides this portion at Biscayne Elementary, South Pointe Elementary, and Miami Beach Senior High School. The remaining schools have HCIOS social workers. The Children's Trust contracts with nine providers to deliver health services via school based health suites to approximately 5,793 students at five schools in Miami Beach currently receiving services. The three remaining schools in the Miami Beach feeder pattern that do not have full-time onsite services are North Beach Elementary (1 ,024 students), Treasure Island (683 students), and Ruth K. Broad Bay Harbor Elementary (1 ,265 students), of which approximately 1,297 reside within City of Miami Beach limits and attend either North Beach Elementary or Treasure Island Elementary. Currently, the three schools above are considered "Satellite" schools. Satellite (Basic) Schools Health Services was implemented to ensure that some level of basic health services are provided in all Miami-Dade County Public Schools by a registered professional nurse. Nurses are available to address on-call requests and consultations in Satellite (Basic) schools. These schools also receive the following health services from the Miami Dade County Health Department (per Pamela Toomer, Assistant Community Health Nursing Director): • School site visits throughout the year • School needs assessments with principal input • Tracking of students opting out of health services • Monitor immunization compliance • Monitor documented Temporary Medical Exemptions/Immunization Records • Consultation with school staff as needed • Consultation with parent/guardians as needed 2 326 • Individual (Student) Health Care Plans • Provide child specific trainings Additionally, per Wilma Steiner, Director Comprehensive Health SeNice MDCPS, mandated school health seNices for every public school include preventive dental programs, vision screenings, hearing screenings, scoliosis screenings, growth and development screening/BMI, health counseling, referral and follow up of suspected or confirmed health problems, medication administration, prevention of communicable diseases, and health education curriculum. Complete optometric exams and lenses are offered to low income students through the Miami-Lighthouse, Children's Vision Program, available at the school site. During the December 2012 Finance and Citywide Projects Committee meeting, motions made by the Quality Education Committee regarding the funding of a registered nurse at underserved public schools in the feeder pattern were discussed. The Finance and Citywide Projects 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 nurse for the three underserved schools in the feeder pattern. The City's proportionate share is approximately $30,500 for the 2013-14 school year. These funds were appropriated for FY 2012/13 in the Education Compact Fund adopted by Resolution 2012-28018 anticipated to be used for teacher development programs and fees to the International Baccalaureate Organization redirected at the May 8, 2013 Commission meeting per Resolution 2013-28219 to support the Nurse Initiative. Dr. Leslie Rosenfeld coordinated this 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 full-time registered nurse. The shared funding would allow a registered nurse to visit the three underserved schools: North Beach Elementary, Treasure Island Elementary, and Ruth K. Broad Bay Harbor K-8 Center, at least 1-2 times each week. The schools participating in the Nurse Initiative will have an HCIOS team of professionals including a shared Registered Nurse, a full-time Medical Assistant, and a social worker which is already funded by Miami-Dade County Public Schools The Miami Beach Chamber of Commerce and The Children's Trust have committed funding in the amount of $95,000 and $98,767 respectfully for the Nurse Initiative. The registered nurse will rotate between each of the aforementioned schools (or as per Children's Trust recommendation) so that accessibility is equal amongst all three schools. Each school will have a full-time medical assistant at its site. The benefits of HCIOS health teams include: a coordinated level of school-based healthcare, expanded health screenings, and assessments with access to follow-up care, mental and behavioral health seNices to identify and solve student health and educational issues, nutrition and health counseling, heath seNices for uninsured students with no other option for access to health care, emergency first aid/CPR, and chronic disease management. The disposition of every HCIOS visit will be tracked to assess the outcome for the students who utilize the services and the measure of whether or not the intervention the student received was effective is the rate at which the students are returned to class; it is expected pursuant to the Nurse Initiative agreement that 85% of the students who receive HCIOS seNices will return to class. As of May 2013, each of the neighboring municipalities has committed approximate funding for the registered nurse as follows: Town of Surfside $7,222, Town of Bay Harbor Islands $7,222, Bal Harbour Village $7,222, and North Bay Village $12,999. The Miami Beach Chamber of Commerce will serve as the fiscal agent to collect the funds from the participating neighboring municipalities 3 327 and the City of Miami Beach and will disperse the funds to The Children's Trust. The City of Miami Beach, along with our neighboring municipalities, the Miami Beach Chamber of Commerce, and The Children's Trust, will enter into an interlocal agreement, which will include, but not be limited to the following: • Description of Services to be provided by Trust selected and approved provider • Detailed schedule for registered nurse • Monthly report of services provided to youth by school • Monthly/annual percent of youth returning to class after nurse visit (target=85%) CONCLUSION The Administration recommends the approval of this Resolution. An agreement, acceptable to the City Attorney and the City Manager, should be entered into between the Miami Beach Chamber of Commerce, The Children's Trust, North Bay Village, the Town of Surfside, the Town of Bay Harbor Islands, Bal Harbour Village, and the City of Miami Beach, subject to all of the participating municipalities contributing their proportionate share of the costs for the Nurse Initiative in order to implement the program. This approval will assist the Department in accomplishing its measurable objectives linked to the City's Key Intended Outcome of Enhancing Learning Opportunities for Youth. KGB/LDR T:\AGENDA\2013\July 17\Nurse Initiative Commission Memo (2).doc 4 328 RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT, ACCEPTABLE TO THE CITY ATTORNEY AND THE CITY MANAGER, WITH THE MIAMI BEACH CHAMBER OF COMMERCE, THE CHILDREN'S TRUST, NORTH BAY VILLAGE, THE TOWN OF BAY HARBOR ISLANDS, THE TOWN OF SURFSIDE, AND BAL HARBOUR VILLAGE TO IMPLEMENT THE NURSE INITIATIVE FOR THE 2013-2014 SCHOOL YEAR WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $30,500 FROM THE MIAMI BEACH EDUCATION COMPACT FUND FOR FY 2012/13 FOR THE CITY OF MIAMI BEACH'S PROPORTIONATE SHARE OF FUNDING FOR THE NURSE INITIATIVE. WHEREAS, in January 2008, the City of Miami Beach entered into an Education Compact with the Miami-Dade County Public Schools to Enhance Learning Opportunities for Youth; and WHEREAS, the Education Compact reflects the desire of the Miami Beach community to support excellence in the City's public schools and enhance the health and well-being of our City's youth; and WHEREAS, as a result of the City's Education Compact with Miami-Dade County Public Schools, all public schools in Miami Beach offer the International Baccalaureate program which is internationally recognized as a benchmark for education excellence and also fosters student participation in community service; and WHEREAS, five of the eight school in our educational feeder pattern already have Health Connect in Our Schools (HCIOS) suites which are supported by The Children's Trust and which provides a full-time Medical Assistant and a shared Registered Nurse on campus; and WHEREAS, for students who do not require routine medications, the HCIOS suites are used for nursing assessments, administration of first aid, and other purposes such as consulting with parents and caregivers; and WHEREAS, the schools participating in the Nurse Initiative will have an HCIOS team of professionals including a shared Registered Nurse, a full-time Medical Assistant, and a social worker which is already funded by Miami-Dade County Public Schools; and WHEREAS, the benefits of HCIOS health teams include: a coordinated level of school- based healthcare, expanded health screenings, and assessments with access to follow-up care, mental and behavioral health services to identify and solve student health and educational issues, nutrition and health counseling, heath services for uninsured students with no other option for access to health care, emergency first aid/CPR, and chronic disease management; and 329 WHEREAS, the disposition of every HCIOS visit will be tracked to assess the outcome for the students who utilize the services and the measure of whether or not the intervention the student received was effective is the rate at which the students are returned to class; it is expected pursuant to the Nurse Initiative agreement that 85% of the students who receive HCIOS services will return to class; and WHEREAS, during its December 2012 meeting, the City's Finance and Citywide Projects Committee met to discuss motions made by the Quality of Education Committee regarding a Nurse Initiative for the funding of a Registered Nurse at underserved public schools in the feeder pattern; and WHEREAS, the Finance and Citywide Projects 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 Nurse's Initiative for the three underserved schools in the feeder pattern, specifically North Beach Elementary, Treasure Island Elementary, and Ruth K. Broad Bay Harbor K-8 Center; and WHEREAS, Dr. Leslie Rosenfeld coordinated this effort between the City of Miami Beach, North Bay Village, Town of Surfside, Town of Bay Harbor Islands, and Bal Harbour Village, to converge efforts to secure the funding needed for the shared full-time Registered Nurse for the Nurse Initiative; and WHEREAS, the City's proportionate share for the Nurse Initiative is approximately $30,500 for the 2013-14 school year; and WHEREAS, the funds for the City's proportionate share of the Nurse Initiative were appropriated for FY 2012/13 from the Education Compact Fund as provided in Resolution 2012- 28018, but were initially anticipated to be used for teacher development programs and fees to the International Baccalaureate Organization; and WHEREAS, the funds were redirected at the May 8, 2013 Commission meeting per Resolution 2013-28219 to support the Nurse Initiative; and WHEREAS, the Miami Beach Chamber of Commerce and The Children's Trust have committed funding in the amount of $95,000 and $98,767 respectfully for the Nurse Initiative; and WHEREAS, the municipal funding would allow for a shared Registered Nurse to visit the three underserved schools, North Beach Elementary, Treasure Island Elementary, and Ruth K. Broad Bay Harbor K-8 Center, at least 1-2 times each week during the 2013-2014 school year; and WHEREAS, these three schools currently do not have any on-site medical care for the children; and WHEREAS, the Miami Beach Chamber of Commerce and The Children's Trust funding would allow for a full-time Medical Assistant at each of the three schools for the 2013-2014 school year; and 2 330 WHEREAS, the shared Registered Nurse will rotate between each of the aforementioned schools (or as per Children's Trust recommendation) so that accessibility is equal amongst all three schools; and WHEREAS, as of May 2013, each of the neighboring municipalities has committed approximate funding for the Registered Nurse for the Nurse Initiative for the 2013-2014 school year as follows: Town of Surfside $7,222, Town of Bay Harbor Islands $7,222, Bal Harbour Village $7,222, and North Bay Village $12,999; and WHEREAS, the Miami Beach Chamber of Commerce will serve as the fiscal agent to collect the funds from the participating neighboring municipalities and the City of Miami Beach and will disperse the funds to The Children's Trust; and WHEREAS, an agreement, acceptable to the City Attorney and the City Manager, should be entered into between the Miami Beach Chamber of Commerce, The Children's Trust, North Bay Village, the Town of Surfside, the Town of Bay Harbor Islands, Bal Harbour Village, and the City of Miami Beach, subject to all of the participating municipalities contributing their proportionate share of the costs Nurse Initiative in order to implement the program. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee at its December 20, 2012 meeting to authorize the City of Miami Beach's proportionate share of funding in the amount of $30,500 from the FY 2012/13 Miami Beach Education Compact Fund, and further authorize the Mayor to enter into an agreement, acceptable to the City Attorney and the City Manager, with the Miami Beach Chamber of Commerce, The Children's Trust, North Bay Village, the Town of Bay Harbor Islands, the Town of Surfside, and Sal Harbour Village to implement the Nurse Initiative for the 2013-2014 school year. PASSED AND ADOPTED this __ day of July, 2013. ATTEST: Rafael Granado City Clerk T:\AGENDA\2013\July 17\Nurse Initiative Resolution.docx Matti Herrera Bower Mayor 3 331 COMMISSION ITEM SUMMARY Condensed Title· A resolution of the Major and City Commission of the City of Miami Beach, Florida, authorizing the Miami Beach Police Chief to execute a multi-agency Memorandum of Understanding between the the Miami Beach Police Department, and the South Florida Internet Crimes Against Children Operational Task Force which prevents the criminal exploitation of children committed and/or facilitated by or through the use of the internet and computers, and to disrupt and dismantle organizations engaging in such activity, Key Intended Outcome Supported: Maintain crime rate at or below national trends Supporting Data (Surveys, Environmental Scan, etc.): Participating in the South Florida nternet Crimes Against Child Operational Task Force enables the City of Miami Beach the ability o have access to resources beyond the capability of the MBPD. In essence this is a force ~ultiplier relative to the apprehension of subjects who commit internet crimes with the use of a ~_;omputer against children on Miami Beach. Item Summary/Recommendation: The Broward Sheriff's Office is the recipient of a federal grant disbursed by the Office of Juvenile Justice and Delinquency Prevention in Washington D.C. to assist law enforcement in investigating and combating the exploitation of children through the use of computers. To carry out the mission of combating this exploitation, the South Florida Internet Crimes Against Children Task Force was formed. This task force is comprised of 56 state and local law enforcement agencies from south east Florida. The principle goals of the Task Force is the successful identification, apprehension and prosecution of child molesters, pornographers, and sexual offenders who target children. In an effort to support the Task Force, the Miami Beach Police Department (MBPD) has been invited by the Broward Sheriff's Office to participate and execute a Memorandum of Understanding between the Broward Sheriff's Office and the City of Miami Beach on behalf of the MBPD. As a result, detectives assigned to the MBPD's Special Victim's Squad will participate on a part-time basis to work in conjunction with Task Force personnel in identifying, locating and apprehending individuals who commit these crimes in the City of Miami Beach and South Florida. Participation in the Task Force will benefit the City of Miami Beach and the MBPD because of access to increased investigative resources and capabilities at no cost to the City of Miami Beach. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 D 2 3 OBPI Total Financial Impact Summary: City Clerk's Offic.~; Legislative Tracking: Micha~ __.. Pia · ~ ""'~'\!"'"'' --~-S.ection Sign-Offs: \ ' Department Di ect~r I Assistant City Manager Raymond f!rti~J\' MBPD / 1 :~~:V/· v~ I 332 Account \ ' ~ Agenda Item C 7 0 Date 1--{1-13 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: July 17, 2013 SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MIAMI BEACH CHIEF OF POLICE TO EXECUTE A MULTI- AGENCY MEMORANDUM OF UNDERSTANDING BETWEEN MIAMI BEACH POLICE DEPARTMENT AND THE SOUTH FLORIDA INTERNET CRIMES AGAINST CHILDREN OPERATIONAL TASK FORCE THAT COMBAT CRIMES COMMITTED AGAINST CHILDREN, AND THAT WHICH PREVENTS THE CRIMINAL EXPLOITATION OF CHIILDREN THAT IS COMMITTED AND/OR FACILITATED BY OR THROUGH THE USE OF COMPUTERS, AND TO DISRUPT AND DISMANTLE ORGANIZATIONS ENGAGING IN SUCH ACTIVITY. ADMINISTRATION RECOMMENDATION Approve the Resolution. ANALYSIS The Broward Sheriff's Office is the recipient of a federal grant disbursed by the Office of Juvenile Justice and Delinquency Prevention in Washington D.C. to assist law enforcement in investigating and combating the exploitation of children through the use of computers. To carry out the mission of combating this exploitation, the South Florida Internet Crimes Against Children Task Force was formed. This task force is comprised of 56 state and local law enforcement agencies from south east Florida. The principle goals of the Task Force is the successful identification apprehension and prosecution of child molesters, child pornographers, collectors or distributors, child abusers, and sexual offenders who target children. This federal grant will provide funding for equipment, training, and expenses including travel and overtime which are incurred by a law enforcement member of this task force as a result of such investigations. In an effort to support the Task Force, the Miami Beach Police Department (MBPD) has been invited by the Broward Sheriff's Office to participate and execute a Memorandum of Understanding between the Broward Sheriff's Office and the City of Miami Beach on behalf of the MBPD. As a result, detectives assigned to the MBPD's Special Victim's Squad will participate on a part-time basis to work in conjunction with Task Force personnel in identifying, locating and apprehending individuals who commit these crimes in the City of Miami Beach and South Florida. 333 Participation in the Task Force will benefit the City of Miami Beach and the MBPD because of access to increased investigative resources and capabilities at no cost to the City of Miami Beach. Upon the signatures of the Broward County Sheriff and the Miami Beach City Manager will commence the agreement and will remain in effect until either party termin tes the agreement upon delivery of written notice of cancellation to all Parties to t · ag ement. 1 I JLM/ M~N . '# 334 RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MIAMI BEACH CHIEF OF POLICE TO EXECUTE A MULTI-AGENCY MEMORANDUM OF UNDERSTANDING BETWEEN THE MIAMI BEACH POLICE DEPARTMENT AND THE SOUTH FLORIDA INTERNET CRIMES AGAINST CHILDREN OPERATIONAL TASK FORCE THAT COMBAT CRIMES COMMITTED AGAINST CHILDREN, AND THAT WHICH PREVENTS THE CRIMINAL EXPLOITATION OF CHILDREN COMMITTED AND/OR FACILITATED BY OR THROUGH THE USE OF THE INTERNET AND COMPUTERS, AND TO DISRUPT AND DISMANTLE ORGANIZATIONS ENGAGING IN SUCH ACTIVITY. WHEREAS, the Broward Sheriff's Office is the recipient of federal grant funds that are disbursed by the Office of Juvenile Justice and Delinquency Prevention, Washington, D.C. to assist law enforcement agencies in investigating and combating the exploitation of children through the use of the internet and computers; and WHEREAS, the South Florida Crimes Against Children Operation Task Force (the 'Task Force") provides financial assistance that funds equipment purchases, training and expenses, which includes travel and overtime compensation that may be incurred by law enforcement personnel as a result of such criminal investigations; and WHEREAS, the City of Miami Beach seeks to protect children from becoming victims of internet crimes, and the Miami Beach Police Department seeks to assign those detectives involved with the Special Victim's Squad of the Miami Beach Police Department, on a part-time basis, to liaison with other law enforcement agencies of the Task Force in identifying, locating and apprehending individuals who commit internet crimes against children in the City of Miami Beach and South Florida; and WHEREAS, the Task Force is a great benefit to the Miami Beach Police Department because of the increased investigative resources of the participating law enforcement agencies, and thereby improves the effectiveness of the Miami Beach Police Department law enforcement resources surrounding the investigation of these criminal activities; and WHEREAS, the Miami Beach Police Department wishes to execute a Multi-Agency Memorandum of Understanding, commencing upon the signature of the Miami Beach Police Department Chief of Police, and shall remain in full force until terminated by the parties or upon Miami Beach Police Department withdrawing from the Task Force. 335 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, authorizing the Miami Beach Chief of Police to execute a multi-agency Memorandum of Understanding between the Miami Beach Police Department and the South Florida Internet Crimes Against Children Operational Task Force that shall combat crimes committed against children, and that prevents the criminal exploitation of children committed and/or facilitated by or through the use of the internet and computers, and to disrupt and dismantle organizations engaging in such activity. PASSED and ADOPTED this ___ day of July, 2013. ATTEST BY: MAYOR MATTI HERRERA BOWER RALPH E. GRANADO, CITY CLERK 336 THIS PAGE INTENTIONALLY LEFT BLANK 337 GUIVIIVII:S::iiUN II t:M ::iUIVIIVIAKY Condensed Title: A Resolution OfThe Mayor And City Commission OfThe City Of Miami Beach, Florida, Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For Proposals (RFP) No. 01-2013ME, For unarmed security guard services. Ke Intended Outcome Su orted: Increase resident rating of public safety services; and maintain crime rates at or below national rates. Supporting Data (Surveys, Environmental etc: Item Summary/Recommendation: On December 24, 2013, RFP No. 01-2013ME was issued with an opening date of March 1, 2013. A pre-proposal conference to provide information to the proposers submitting a response was held on January 11, 2013. Twelve proposals were received. On April18, 2013, the City Manager via Letter to Commission (LTC) No. 135-2013, appointed an Evaluation Committee (the "Committee"). On May 17, 2013 the Committee convened to shortlist the proposers. On June 24, 2013, the Committee re- convened to receive presentations of the shortlisted proposers and further discuss the proposers' qualifications, experience, and competence. Following the preliminary scoring of presentations and Q&A session, the Committee deliberated extensively on individual perceptions of the proposers' qualifications, experience, and competence. In deliberating the Committee discussed, in general, the following advantages and disadvantages of each proposal. The Committee discussed that G4S Security Solution offered the highest quality proposal overall, but had submitted the highest cost out ofthe five (5) shortlisted proposers. The Committee discussed that Kent Security offered cutting-edge technology that would be beneficial to the City, including point of view cameras on the guards and installation of cameras in all supervisor patrol vehicles which will report images via internet to the dispatch command center. However, the Committee discussed that Kent Security did not offer uniforms and guard appearance at the same level of quality as had other proposers. Finally, the Committee discussed that 50 State Security Service offered a good proposal, but offered less technological innovation and a higher cost than Kent Security. Following the deliberation process, a motion was presented by Julio Magrisso, seconded by Michael Silverman, and unanimously approved by all Committee members, to recommend the following final ranking of proposers: 1) G4S Security Solutions; 2) Kent Security; 3) 50 State Security Service; 4) McRoberts Protective Agency; 5) Allied Barton Security Services. RECOMMENDATION After receiving the recommendation of the Committee, the City Manager exercised his due diligence in evaluating the results of the Committee evaluation process and finds the arguments noted in the attached memo. After carefully reviewing the results of the Committee evaluation process, qualifications and relevant similar contracts and the likelihood of the City's ability to negotiate a successful contract, the City Manager recommends to the Mayor and City Commission that authorize negotiations and contract execution with G4S. ADOPT THE RESOLUTION Advisory Board Recommendation: INA Financial Information: Source of Funds: 1 2 3 4 5 6 7 OBPI Total $ $ $ $ $ Account 0463-000349 168-1124-000349 Financial Impact Summary: The annual cost associated with City-wide security guard services is subject to funds availability approved through the annual budgeting process. Account information and availability offunds shall be verified and approved for each request prior to procuring the services. The funding and accounts noted above are the FY 2014 budget amounts endin Commission a roval. Cit Clerk's Office Le islative Trackin Alex Denis, Extension 6641 Ml 338 AGENDA nEM _;::;(;;_,_7....;.__P __ DATE 7-(7-{3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSIO MEMORANDUM I TO: Mayor Matti Herrera Bower and Memb rs of the Ci FROM: Jimmy L. Morales, City Manager DATE: July 17, 2013 SUBJECT:A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 01-2013ME, FOR UNARMED SECURITY GUARD SERVICES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Increase resident rating of public safety services; and maintain crime rates at or below national rates FUNDING Funding in the amount of $3,153,000.00 will be allocated during FY 2014 as follows: $1,049,000.00 $ 315,000.00 $ 350,000.00 $ 95,000.00 $ 557,000.00 $ 289,000.00 $ 498,000.00 $3,153,000.00 480-0463-000349 142-6976-000349 463-1990-000349 467-1996-000349 011-1120-000349 011-1122-000349 168-1124-000349 The annual cost associated with City-wide security guard services is subject to funds availability approved through the annual budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services. The funding and accounts noted above are the FY 2014 budget amounts pending Commission approval. BACKGROUND Since April 2, 2007, the City has been under contract agreement No.34-05/06 with Security Alliance LLC (Security Alliance), to provide Unarmed Security Guard Services at locations around the City, as shown in Appendix "A". The current contract also allows for as-needed security guard services City-wide. The provision of security guard services City-wide is managed by the Police Department. The contract was set to expire on April 30, 2012. However, at its July 18, 2012, the City Commission approved a month-to-month extension of the contract to allow for time to rebid the services. Consequently, on October 31, 2012, the City Manager exercised the month to month extension. 339 Commission Memorandum-RFP # 01-2013 Unarmed Security Guards July 17, 2013 Page 2 RFP PROCESS On December 24, 2013, RFP No. 01-2013ME was issued with an opening date of March 1, 2013. A pre-bid conference to provide information to prospective proposers was held on January 11, 2013. Sixty seven prospective prospers downloaded the solicitation from The Public Group, which resulted in the receipt of the following twelve proposals: 1. 50 State Security Service, Inc 2. Allied Barton Security Services 3. FPI Security Services 4. G4S Secure Solutions (USA) Inc. 5. Kent Security 6. McRoberts Protective Agency, Inc. 7. Navarro Group LLd. Inc. 8. Ocasa Logistics Solutions 9. Platinum Group Security 10. Responsible Security Inc. 11. SFM Security 12. US Security On April 18, 2013, the City Manager via Letter to Commission (LTC) No. 135-2013, appointed an Evaluation Committee (the "Committee") for the purpose of evaluating the proposals received in accordance with the criteria established in the RFP. Subsequent to the appointment of the Committee and resulting from scheduling and other conflicts experienced by certain Committee members, changes to the Committee composition were required which resulted in the final list of Committee members: • Mickey Minagorri, Committee Chair, Resident and Leadership Academy Graduate • John Bowes, Resident and Leadership Academy Graduate • Tony Kanieswski, Director, Property Management, City of Miami Beach • Julio Magrisso, Assistant Director, Parks and Recreation Department, City of Miami Beach • Michael Silverman, Resident and Leadership Academy Graduate SHORT-LISTING OF PROPOSERS The Committee convened on May 17, 2013 to evaluate proposals received and shortlist the proposers for further consideration. The Committee discussed the proposals received and was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law; Performance Evaluation Surveys, and an analysis of the financial strength of all proposers, pursuant to the financial information provided by each firm, was presented by Alison Williams, the Finance Department Chief Accountant. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP, which was as follows: 10 10 25 inancial Strength as evidenced by the CPA reviewed/audited financial statements, third-art re orts. otal cost 340 Commission Memorandum-RFP # 01-2013 Unarmed Security Guards July 17, 2013 Page 3 Additional points, over the aforementioned potential points were to be allocated, if applicable and in accordance to following ordinances. LOCAL PREFERENCE: The Procurement personnel assigned an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. Two (2) proposers, G4S Secure Solutions and SFM Security, were eligible for Local preference. VETERANS PREFERENCE: The Procurement personnel assigned an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. Two (2) proposers, 50 State Security Service, Inc. and McRoberts Protective Agency, Inc., were eligible for Veterans preference. The Committee discussed its individual perceptions of the proposers' qualifications, experience, and competence, and further scored and ranked the proposers accordingly. The Committee's preliminary rankings pursuant to the proposal evaluation short-listing phase were as follows: The Committee recommended shortlisting the five (5) top-ranked companies: G4S Secure Solutions, McRoberts protective Agency, 50 State Security, Allied Barton, and Kent Security. The scores clearly indicated a noticeable difference between the aforementioned companies and the other seven (7) companies. A motion was presented by Julio Magrisso, seconded by Angel Vazquez, and unanimously approve by the committee to recommend shortlisting the top five (5) proposers and invite them back for presentations. 341 Commission Memorandum-RFP # 01-2013 Unarmed Security Guards July 17, 2013 Page4 PRESENTATIONS AND QUESTION & ANSWER (Q&A) SESSION On June 24, 2013, the Committee met to receive presentations from the short-listed firms. After presentations and question and answer sessions with each firm, the Committee individually scored each firm on the criteria outlined in the RFP as a basis for deliberations. The Committee's preliminary rankings after the presentations and Q&A session were as follows: Following the preliminary scoring of presentations and Q&A session, the Committee deliberated extensively on individual perceptions of the proposers' qualifications, experience, and competence. In deliberating the Committee discussed, in general, the following advantages and disadvantages of each proposal. The Committee discussed that G4S Security Solution offered the highest quality proposal overall, but had submitted the highest cost out of the five (5) shortlisted proposers. The Committee discussed that Kent Security offered cutting- edge technology that would be beneficial to the City, including point of view cameras on the guards and installation of cameras in all supervisor patrol vehicles which will report images via internet to the dispatch command center. However, the Committee discussed that Kent Security did not offer uniforms and guard appearance at the same level of quality as had other proposers. Finally, the Committee discussed that 50 State Security Service offered a good proposal, but offered less technological innovation and a higher cost than Kent Security. Following the deliberation process, a motion was presented by Julio Magrisso, seconded by Michael Silverman, and unanimously approved by all Committee members, to recommend the following final ranking of proposers: ~l!iedJ?~GQD§~£YEi!ySef'{!c:;es ···-~~~·······=····················L •......... ~: .. , ........... ~ ...... , .. The Committee conditioned the ranking proposers as noted below The Committee recommended that Administration engage in negotiations with G4S Security Solutions, as the top-ranked firm, providing that G4S Security Solution was willing to lower its costs to the City by 10%. In the event that the Administration was unable to negotiate an agreement with G4S Security Solution, the Committee recommended that the Administration engage in negotiations with Kent Security, as the second-ranked firm, providing that Kent Security included the proposed technological innovations and improved the quality and appearance of its uniforms .. In the event that the Administration was unable to negotiate an agreement with Kent Security, the Committee recommended that the Administration engage in negotiations with 50 State Security Service, as the third-ranked firm, providing that 50 State Security Service lowered its costs to the City. 342 Commission Memorandum -RFP # 01-2013 Unarmed Security Guards July 17, 2013 Page 5 Please refer to Appendix "B" for cost proposals received from all proposers. PROFILE OF TOP-RANKED FIRM -G4S SECURITY SOLUTIONS G4S Secure Solutions (USA) Inc. ("G4S) traces its beginnings in the U.S. back to 1954 when George Wackenhut founded The Wackenhut Corporation in Miami, Florida. After 48 years of unprecedented growth and becoming one of the largest security companies in America. The Wackenhut Corporation merged with Group 4 Falck and then in 2004, Group 4 Securicor was formed from the merger between Securicor pic and Group 4 Falck A/S's security business. In 2010, G4S Wackenhut changed its name to G4S to represent the integrated global brand of security solutions. G4S has over 110 locations throughout the United States and began operations in Florida in 1958. G4S' Miami Area Office has been in operation since 1966 and operates 24 hours a day, seven days a week. The G4S Miami Office and Satellite Miami Beach Office will oversee the City of Miami Beach's account. G4S Secure Solutions (USA) Inc., headquartered in Jupiter, Florida, is a wholly owned subsidiary of G4S pic, the largest employer quoted on the London Stock Exchange. With operations in 125 countries worldwide and over 657,000 employees, G4S is a leading provider of security solutions, specializing in outsourced business processes and facilities in sectors where security and safety risks are considered a strategic threat. G4S provides over 60,000 weekly hours of service for government contracts, representing over 3,120,000 hours of security service per year. This includes several contracts that have been running for more than 30 consecutive years. The following is a list of local agencies that G4S provides services to: • Orange County, Orlando, FL; • Jacksonville Sheriff's Office, Jacksonville, FL • Broward County, Ft. Lauderdale, FL • City of Jacksonville, Jacksonville, FL • State of Florida, Division of Administrative Hearings • Sarasota County, Sarasota, FL • Collier County, Naples, FL • City of Houston, Houston, TX 7 • Metropolitan Government of Nashville and Davidson County, Nashville, TN • Department of Homeland Security-Federal Protective Services, Albany, NY • City of Portland, Portland, OR • City of San Diego, San Diego, • Federal Medical Center, Lexington, KY • Milwaukee, WI • Durham County, Durham, NC • City of El Paso, El Paso, TX G4S' strength in providing additional staffing for special events, temporary and emergency situations is a tremendous asset to the City. With over 1,500 qualified, vetted, trained, and uniformed G4S personnel available to draw from in Dade and Broward counties alone, G4S offers a trouble-free and time-saving solution to staffing the many special events and/or short term situations the City of Miami Beach is often tasked with. G4S has successfully provided services to the City of Miami Beach during Memorial Day Weekend for the past two (2) years. 343 Commission Memorandum -RFP # 01-2013 Unarmed Security Guards July 17, 2013 Page 6 MANAGER'S DUE DILIGENCE AND RECOMMENDATION After receiving the recommendation of the Committee, the City Manager exercised his due diligence in evaluating the results of the Committee evaluation process and finds as follows: • In Phase 1 of the evaluation process, evaluation of proposals and short-listing, G4S Secure Solutions received the overwhelming majority of 1st place votes. Kent Security received only one (1) first place vote and 50 State Security received no first place votes. Additionally, the scores from this phase indicated a very wide spread between G4S and all other proposers. • In Phase 2 of the evaluation process, interviews, the Committee initially ranked G4S and 50 State as tied for first place based on a tabulation of the rankings and not individual scores. However, a closer review of the Committee member scores reveals that G4S received a greater number of points, 489 total points, to the total number of points received by 50 States of 473 total points. • It is clear from the results of both phase 1 and phase 2 of the evaluation process that the committee considered G4S as the top-ranked proposer. On the other hand, the Committee only ranked 50 State and Kent third and fifth respectively during the phase 1 evaluation and vacillated several times during the phase 2 evaluation over which firm was to be ranked second or third. After carefully reviewing the results of the Committee evaluation process, qualifications and relevant similar contracts and the likelihood of the City's ability to negotiate a successful contract with G4S, the City Manager recommends to the Mayor and City Commission that authorize negotiations and contract execution with G4S. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to request for proposals (RFP) No. 01-2013ME for unarmed security guard services; authorizing the administration to enter into negotiations with the top-ranked proposer, G4S Security Solutions; and further authorizing the mayor and city clerk to execute an agreement upon conclusion of successful negotiations by the Administration. T:\AGENDA\2013\July 17\Procurement\RFP-01-2013 ME Unarmed Security Guards -Memo.doc 344 Commission Memorandum -RFP # 01-2013 Unarmed Security Guards July 17, 2013 Page 7 APPENDIX "A" SECURITY GUARD LOCATIONS INCLUDED IN THE SCOPE OF SERVICES RFP#01-2013 UNARMED SECURITY GUARD SERVICES (11:00p,rn to '7:00a.m.)= 392 Board Walk South en and Flashli ht Vehicle Radio, : & Sunday of each month 6 NIA · 36 Hours MonthlY 345 GUARDS EST. HOURS no,OOO/YEAR I $19.20 I $18.81 I $18.60 $20.71 $18.50 I $20.18 I $16.00 I $22.04 I $16.70 I $17.95 $19.87 ~ling Rate$ 0) r/Hour: $2,496,14.2.00 $2,445,300.00 $2,418,00(.!.00 $2,622,1011.00 $2,405,000.00 $2,623,400.00 $2,080,000.00 l $2,865,200.00 $2,171,000.00 $2,333,SOI'U.lo $2,583,100.00 SUPERVISORS EST. HOURS 30,000/Year $22.60 I $19.21 $19.75 I $24.01 $19.50 I $22.41 I $16.00 $23.04 I $17.90 $17.95 I $20.30 Billing Rate$ Per/Hour: Total: TOTAL GAAND TOTAL RESOLUTION TO BE SUBMITTED 347 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Retroactively Approving An Additional Service Agreement With COM-Smith For Work On The Stormwater Management Master Plan Relative To Neighborhood Concurrency Reviews, A Public Meeting, And Additional Model Runs Requested As A Result Of That Meeting. Key Intended Outcome Supported: Supporting Data (Surveys, Environmental Scan, etc.): Per the 2011 Strategic Plan update, only 44% of residents and 45% of businesses rated storm drainage as excellent or good. Issue: I Shall the Mayor and the City Commission approve the Resolution? Item Summary/Recommendation: Per the base scope of services, the consultant created a comprehensive, citywide model of the stormwater infrastructure, identified those basins that are experiencing a reduced level of service, projected sea level rise in order to provide minimum stormwater design criteria, and developed order of magnitude cost estimates for the improvements. Outside the base scope of services, the consultant also used the model to provide concurrency reviews of ten neighborhood improvement projects. These reviews prompted changes to the stormwater designs of the neighborhoods due to inter-basin flows. As a result, the neighborhood improvements will be more effective in providing the required LOS and more flexible to account for the uncertainty relative to the rate of sea level rise. At the June 28, 2012 Finance and Citywide Projects Committee, there was a technical discussion on the existing mean high water and the rate of sea level rise. As a result, the Committee directed staff to have a public discussion on sea level rise and to return with the results. This public discussion was not included in the base scope of services. At the public discussion, it was questioned why the consultant developed a master plan with a 20-year horizon instead of a 30-year or 50-year horizon. At the August 22, 2012 Finance and Citywide Projects Committee, staff presented the results of the public discussion and an analysis of the costs differences between a 20-year planning horizon and a 30-year planning horizon. The Committee approved the plan with the recommendation to use a 20-year planning horizon. The consultant requested additional compensation for the concurrency reviews, the presentation, and the 30-year planning horizon. City staff has negotiated what it believes is fair and reasonable compensation based upon the work performed -paying for additional services but not paying for additional work required to more fully explain or justify analyses conducted under the base scope of services-with a total cost of $57,804. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: I Approval by FCWPC Financial Information: ~~~--,---~A~m~o~u~ntt--~r-------lAr.c;c;o~u~n~t--------r-~~;r;o~v~e~d~l 1 $57,804 431-2730-069357 Department Director Assistan er ETC M MIAMI BEACH 348 AGENDA ITEM ___::::::(;.....::7--=Q~­ DATE 7-/l-/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 Manager DATE: July17,2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RET OACTIVEL Y APPROVING AN ADDITIONAL SERVICE AGREEMENT WITH COM-SMITH FOR WORK ON THE STORMWATER MANAGEMENT MASTER PLAN RELATIVE TO NEIGHBORHOOD CONCURRENCY REVIEWS, A PUBLIC MEETING, AND ADDITIONAL MODEL RUNS REQUESTED AS A RESULT OF THAT MEETING. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the resolution. FUNDING Funding is available in the 2011 Stormwater Bonds Fund (431-2730-069357) Drainage Hot Spots BACKGROUND At its June 9, 2010 meeting, the City Commission, via Resolution No. 2010-27422, authorized Camp Dresser & McKee (now COM-Smith) to prepare a new Stormwater Management Master Plan (SWMMP). At its November 14, 2012 meeting, the City Commission, via Resolution No. 2010-27422, adopted the SWMMP (Attachment A is the Executive Summary for the Plan). Per the base scope of services, the consultant created a comprehensive, citywide model of the stormwater infrastructure, identified those basins that are experiencing a reduced level of service, projected sea level rise in order to provide minimum stormwater design criteria, and developed order of magnitude cost estimates for the improvements. ANALYSIS Outside the base scope of services, the consultant used the model to provide concurrency reviews of ten neighborhood improvement projects. These reviews prompted changes to the stormwater designs of the neighborhoods due to inter-basin flows. As a result, the neighborhood improvements will be more effective in providing the required LOS and more flexible to account for the uncertainty relative to the rate of sea level rise. At the June 28, 2012 Finance and Citywide Projects Committee, there was a technical discussion on the existing mean high water and the rate of sea level rise. As a result, the Committee directed staff to have a public discussion on sea level rise and to return with the 349 Citywide Storm water Management Master Plan July 17, 2013 Page 2 of3 results. This public discussion was not included in the base scope of services. This SWMMP Sea Level Rise Discussion was held on Friday, August 17, 2012. The presentation (Attachment B) began with a discussion contrasting the City's previous SWMMP to the new SWMMP. The presentation then focused on sea level rise and the reports and data available to estimate mean high water and the rate of sea level rise. Following this, the consultant discussed how sea level rise was incorporated into the draft SWMMP and into the recommended capital improvements. It was stressed that there is a large degree of uncertainty with the rate of sea level rise. As a result, the City has developed a flexible capital improvement plan that can accommodate various rates of sea level rise. The capital improvements will rely on backflow preventers at the outfalls, more pump stations, raised seawalls, and stormwater storage. The City will need to monitor the rate of sea level rise and adjust the plan accordingly. As sea level rises, the stormwater system will rely more upon pumps, and as the existing pumps age, they will be replaced with larger pumps. The presentation was generally positive with acknowledgement that the City is in the forefront of developing a capital program to address sea level rise projections. There were also some concerns expressed about the SWMMP. It was questioned why the consultant developed a master plan with a 20-year horizon instead of a 30-year or 50-year horizon. It was explained that the life cycle of a pump is approximately 20 years. After 20 years, a pump that has reached the end of its life cycle could be replaced with a larger pump depending on the rate of sea level rise. The consultant calculated the additional cost of the capital improvements for a 30-year time frame. While it requires larger pumps in certain locations, the 30-year time frame does not change the requirements for catch basins, piping, and seawalls and the difference in cost was $10 million. There were also questions about the ability of the City to deal with sea level rise beyond the 20-year or 50-year horizons. It was stressed that the SWMMP provides flexibility beyond the time horizons discussed. At the August 22, 2012 Finance and Citywide Projects Committee, staff presented the results of the Discussion (Attachment C) and an analysis of the costs differences between a 20-year planning horizon and a 30-year planning horizon. The Committee approved the plan with the recommendation to use a 20-year planning horizon and not the 30-year planning horizon. The consultant has indicated that the work required for the presentation and required to develop a 30-year planning horizon was also outside the base scope of its services. City staff has negotiated what it believes is fair and reasonable compensation based upon the work performed: paying for additional services but not paying for additional work required to more fully explain or justify analyses conducted under the base scope of services. Staff believes that it is appropriate to pay an additional: $24,690 for concurrency reviews of ten neighborhood improvement projects $25,935 for the planning and presentation of the August 17, 2012 public meeting $ 3,854 for stormwater modeling at the 30-year planning horizon $ 3.325 for estimating the difference in costs at the 30-year planning horizon $57,804 total in additional services 350 Citywide Storm water Management Master Plan July 17, 2013 Page 3 of3 Staff did not agree to pay for certain items requested by the consultant that included coordination with the Army Corps of Engineers and additional modeling and cost estimating at the 20-year planning horizon, which were judged to be part of the base scope of services. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the resolution. Attachments: A. Stormwater Management Master Plan -Executive Summary B. SWMMP Sea Level Rise Workshop Presentation C. August 22, 2012 Finance and Citywide Projects Committee Presentation MT/E~JJF/~ T:\AGENDA\2013\July 17\Stormwater Management Master Plan-MEM01.docx 351 Attachment A Executive Summary ES.l Introduction and Background On June 9, 2010, the City of Miami Beach (City) authorized CDM Smith Inc. (CDM Smith) to develop a City-wide Comprehensive Stormwater Management Master Plan (SWMMP) in order to evaluate and update its stormwater management practices, infrastructure, funding, and regulatory policies. Miami Beach is one of 16 municipalities that entered into an Interlocal Agreement (I LA) with Miami- Dade County in 1993 (subsequently 17 additional municipalities have also entered an ILA with Miami- Dade County), authorizing Miami-Dade County to be the lead permittee in submitting a National Pollutant Discharge Elimination System (NPDES) Storm water Permit Application, which was required by federal law. One condition of the ILA requires the City of Miami Beach to develop a SWMMP that is consistent with Miami-Dade County's Master Plan. This report is the update and expansion of the SWMMP. The SWMMP is intended to be a guide for improving the City's storm water management system performance for the next 20 years, with considerations of potential sea level change (SLC) over 20- years of stormwater infrastructure and a 50-year planning horizon for sea wall heights. SLC, to the extent it occurs, will worsen flooding potential in the City by raising the water table and by making it more difficult to discharge stormwater out of the area. The SWMMP provides a preliminary schedule of prioritized capital improvements necessary to allow the City's stormwater systems: 1. to meet the increasing performance and regulatory demands 2. to modernize existing systems for both flood control and water quality 3. to maintain the City-desired flood control level of service (LOS). The City is a highly urbanized coastal community located in southeast Florida and is a major economic resource to the region. Bounded by the Atlantic Ocean and the environmentally sensitive Biscayne Bay Aquatic Preserve, which is also an Outstanding Florida Water (OFW) requiring strict environmental protection, the study area covers approximately 4,200 acres. The area has relatively low-lying land that is intersected by intracoastal waterways with limited natural storage and large areas of re- development. The subtropical climate entails high-intensity rainfall and significant tidal influence. These factors all contribute to historical and potential future severe rainfall and tidal flooding. ES.2 Program Goals and Objectives Specific objectives of the SWMMP were defined through the initial project meetings to identify adaptable and sustainable stormwater management solutions that: • Objective No.1: Quantify and improve flood control LOS, that is, the degree of flood protection achieved, based on a 20-year capital improvement program; • Objective Number 2: Quantify economic impact of flooding; • Objective No.3: Facilitate and prioritize operation and maintenance (O&M); • Objective No.4: Augment existing infrastructure for storage and treatment; .th KM.3226.ES.docx © 2012 CDM Smith All Rights Reserved 352 ES-1 Executive Summary " Stormwater Management Master Plan • Objective No.5: Coordinate and guide review of projects under current design/construction and facilitate accelerated analysis of "early out" projects; • Objective No.6: Identify stormwater harvesting-reuse and recharge well opportunities for conservation of fresh water; • Objective No.7: Refine and recommend updates to the City's stormwater ordinances and assess sufficiency of the City's Storm water Utility; and • Objective No. 8: Provide recommendations for seawalls to mitigate the effects of sea level increases over the next 50 years. ES.3 Methodology As part of this SWMMP, surface water modeling was performed using the EPA Stormwater Management Model (SWMM) to estimate and evaluate existing flooding LOS and alternative solutions to meet refined LOS targets. Water quality evaluations were conducted using the CDM Smith Watershed Management Model (WMM). These tools can be used to support design and implementation. Model development came from a multitude of resources. The following is a list of some of the data sources: • Actual rainfall data collected from rain gages throughout the City and at Miami International Airport • Design storms as defined by SFWMD and other methodologies (i.e. FDOT) • South Florida Water Management District (SFWMD) and City land use plans • Subsurface and geotechnical information obtained from the Natural Resources Conservation Service (NRCS) and projects under design by other consultants for the CIP Office • Mean high tide elevations at Virginia Key collected by the National Ocean Service (NOS) which is a branch of the National Oceanic and Atmospheric Administration (NOAA) • Miami-Dade County and privately sourced aerial mapping of the City • Light Detection and Ranging (LiDAR) data from SFWMD • LiDAR data from Miami-Dade County • Models developed by other consultants for projects currently under construction or with construction completed for the City's CIP Office and the Florida Department of Transportation (FDOT) • Basis of Design Reports and design plans developed by other consultants for FDOT and projects currently under construction or with construction completed for the City's CIP Office • Construction record drawings for construction completed for the City's CIP Office • Survey data collected by the CDM Smith team's topographic surveyor, Hadonne Cf.A'Ith KM32'?.6,[5,do01 © 2012 CDM Smith All Rights Reserved 353 ES-2 Executive Summary " Stormwater Management Master Plan • Neighborhood surveys developed by the City • Geographic Information System (GIS) coverages of the City, which are maintained by the City's Information Management System (IMS) CDM Smith used the United States Army Corps of Engineers (USACE) guidance document (Engineering Circular 1165-2-212: Sea-Level Change Consideration for Civil Works Programs) for incorporating the direct and indirect effects of projected future sea level change (SLC) across a projected 20-year project life cycle. The USACE guidance document presents an approach for planning studies and engineering design for evaluating a range of possible future rates of SLC, represented as three equation-based scenarios (or curves): low, intermediate and high. CDM Smith performed sensitivity analysis by evaluating the three scenarios to maximize the benefits of the recommendations under varied degrees of potential future SLC. Evaluation of LOS performance and adaptability of the SWMMP-recommended system are based on the intermediate scenario (curve), which based on the 20-year life cyde is projected to have a tidal mean high water condition of approximately 0.6 7 ft. NA VD. However, adjustment calculations have been performed for the high projections (0.84 ft. NAVD) in the instance that SLC accelerates 1). This SLC sensitivity analysis included a variety of mean high tide elevation predictions over the next 20 years in combination with SFWMD defined design storm events. As a complement to the engineering evaluation, CDM Smith utilized the Federal Emergency Management Agency's (FEMA) Hazards United States (HAZUS) tool designed to estimate hazard- induced losses for use by federal, state, regional and local governments, and private enterprises in planning for risk mitigation, emergency preparedness, response and recovery. By using a standard FEMA tool, the City will benefit in the coordination of future activities related to flood proofing, grant assistance, and management of repetitive loss properties. The analysis, which was performed for South Beach, incorporated existing elevations, structure and land use data along with information from the detailed flood model (SWMM). The HAZUS model generates an output that consists of a damage amount in dollars that is based on the percentage of total value loss a structure incurs during a flood event, like the statistically calculated once-in-S-year storm (5.9 inches of rainfall in 24 hours). ES.4 Level of Service The primary purposes of LOS criteria are to protect public safety and property. Program goals are to maintain passable roads for emergency and evacuation traffic during 5.9 inches of rainfall in 24 hours and to keep flood stages below the first floors of homes and buildings. The LOS criteria were first used to identify and define potential problem areas using the storm water model developed for this study. The LOS criteria were then used to evaluate the effectiveness of contemplated improvements. LOS achievement decisions directly affected the size and cost of proposed improvement alternatives. ES.S Basis of Proposed Improvements and Recommendations CDM Smith developed recommendations and proposed modifications to language included in the City's Public Works Manual, City ordinances, and policy documents. Implementation of these modifications should be coordinated with the various City Departments including Public Works, CIP, Planning, City Attorney, Finance, Budget and Performance Improvement, and the City Manager's Office. Recommendations were made based on the following major categories: .lh KM32.26.E5.dOCl( © 2012 CDM Smith All Rights Reserved ES-3 354 w CJ'I CJ'I Executive Summary " Stormwater Management Master Plan USACE curves are based on the Engineering Circular EC •nuc:n ... .., on October 1, 2011 and 2013. 0.9 = ,._ = USACE NRC Curve I (low) 0.8 ----USACE NRC Curve!! {Intermediate} "'"'""*"'"*"'"'~·"'· _ = wJ!itw * USACE NRC Curve Ill {High) 0.7 £o.s .. Cll ~ -c: m CD :IE 0.3 0.2 0.1 0 1980 .th KM32.26,ES,dca © 2012 CDM Smith All Rights Reserved Key Tidal Data lUG Nflft.A 1985 1990 1995 Annual! zed NOAA Data 2000 2005 Year 2010 1015 Historic and Mean 1020 2025 2030 Water Levels at Virtrlni ES-4 Executive Surnrnary " Storrnwater Management Master Plan • Data Management • Stormwater Models and Future Condition Analysis In recognition of tidal conditions for future modeling efforts should utilize tidal boundary conditions as defined by the latest version of the SWMMP. This version of the SWMMP recommends a tidal boundary condition of 0.6 7 ft. NAVD. It is based on USACE guidance intermediate scenario projections for SLC based on a current day (Year 2009) mean high water elevation at 0.29 ft. NAVD and a projected Year 2030 mean high water elevation at 0.67 ft. NAVD (See Figure 1). • Stormwater Harvesting and Reuse • Sea-Level Rise Considerations The SWMMP recommends the City monitor SLC phenomena and possibly participate with local and regional climate change advisory committees regarding regional recommendations related to SLC. • Seawall Height Considerations In recognition of SLC and seasonal (Fall and Spring) annualized mean higher high tidal elevations of 1.6 ft. NAVD (Year 2009). The SWMMP recommends based on the USACE guidance intermediate scenario, the establishment of a minimum seawall height of 3.2 ft. NAVD, which provides greater than 50 years of sea wall protection against future mean higher high tidal elevations. • Pump Station O&M • Storage Facility Standards and O&M • Outfalls/Backflow Preventer Standards and O&M • Recharge Well Standards and O&M • Swales O&M • Exfiltration Trench O&M • 100-Year Floodplain Storage • Stormwater Design Standards ES.6 Proposed Improvements and Project Coordination Evaluations were performed for project areas to determine the level of infrastructure improvements necessary to meet the LOS for the statistically calculated once-in-5-year storm LOS. A tiered Best Management Practice (BMP) treatment train approach was used to identify the most effective solutions for each project area and to identify opportunities for flood control, water quality, aquifer recharge, and stormwater harvesting and irrigation use. The tiered approaches were incrementally formulated from the simplest tier 1 (e.g., back flow preventers) through the most complex and costly tier 4 (e.g., underground storage), and bundled together to determine the economic feasibility of © 2012 CDM Smith All Rights Reserved 356 ES-5 Executive Summary " Stormwater Management Master Plan proposed infrastructure improvements. Due to the anticipated significant capital investment and stringent permitting to discharge into Biscayne Bay, the tiered approach should allow the City to proceed with specific elements of the BMP treatment train as economic conditions permit. This would allow for future addition of tiers to ultimately meet the full 5-year LOS while monitoring and adjusting to sea-level rise conditions. ES.7 Project Ranking and Recommendations The results of the flood damage analysis using the HAZUS tool showed that the existing topographic conditions in Miami Beach have significant potential economic losses associated with flood events, for both rainfall-induced and tidally-induced events with the implementation of a Capital Improvement Program (CIP). A prioritized stormwater CIP list based on the ongoing projects and problem areas identified in the SWMMP was developed. In addition, CDM Smith provided recommendations regarding overall stormwater management needs to achieve better O&M, policies, and standards for existing and future conditions. Three project categories have been identified: • Early Out (Near-Term Implementation) Projects and Currently Scheduled CIP Projects; • Concurrency-Reviewed (Review of Projects Currently Under Final Design and Construction) CIP Projects; and • SWMMP-Identified Projects. CDM Smith recommends approximately $196 million in capital improvements (based on 0.5 ft NAVD (low scenario) to 0.6 7 NAVD (intermediate scenario) mean high water tidal conditions) proposed for the City's primary stormwater management system. CDM Smith has incorporated an additional sea- level rise adjustment of approximately $10 million to account for the potential phenomena of accelerated sea-level rise (up to 0.84 ft NAVD mean high tidal conditions) (high scenario), and subsequent additional stormwater facility needs. CDM Smith also reviewed O&M costs associated within these identified capital projects. Table ES-1 shows the locations, timeframes and capital costs of the proposed projects. Trmth KM3226.ESdocx © 2012 CDM Smith All Rights Reserved ES-6 357 Executive Summary " Stormwater Management Master Plan Table ES-1 City of Miami Beach Stormwater Costs (in Million$) 0-5 Years 5-10 Years 10-15 Years 15-20 Years Total Biscayne Point North Shore North Shore (72"d Street) Normandy Isle Upper La Gorce* Lower La Gorce* La Gorce Island/Allison Island Oceanfront Nautilus Sunset Island 3 and 4* Flamingo/West Avenue 47 Subtotal 62 Adjustment for higher sea-level rise Total 62 •under design 11 7 10 20 1 2 4 59 27 30.3 55 2 29 11 7 10 20 12 14 9 0.3 4 3 106 196.3 10 206.3 The CIP was also evaluated both technically (SLC) and financially (capital cost) based on a 30-year planning horizon. However, given the design life of the pumping components and CDM Smith's experience in the development of other SWMMP, it was concluded that a 20-year planning cycle was appropriate with continued monitoring of SLC in shorter time increments. The financial analysis of the City's Stormwater Utility shows that it will require additional funding to finance the construction of recommended CIP projects and to operate and maintain the system over the next 20 years. ES.8 Conclusions The submitted SWMMP provides comprehensive recommendations for improving the City's stormwater management system performance for the next 20 years. Appropriate consideration has been given to potential sea-level rise, water quality of Biscayne Bay, and O&M of an expanded system. The presented capital improvements allow the City's stormwater systems to be flexible and adaptable in meeting the increasing LOS performance targets and regulatory demands. Specific objectives were defined through the initial project meetings, including the following; the means by which the SWMMP addresses them are also noted. • Objective Number 1: Quantify and improve flood control LOS based on a 20-year capital improvement program; SWMMP Solution: A comprehensive 20-year CIP was developed quantifying improvements to flood control LOS with flexibility to adapt to varying degrees of SLC; • Objective Number 2: Quantify economic impact of flooding; •• h KM32t.6.E5,doo: SWMMP Solution: HAZUS evaluation documents the economic impact of flooding on the region of the City that generates the majority of the City's tourism revenue. The $196 © 2012 COM Smith All Rights Reserved 358 ES-7 Executive Summary "' Stormwater Management Master Plan million CIP quantifies the economic requirements to meet LOS. Increasing the CIP to $206 million provides a financial adjustment to accommodate higher SLC projections; • Objective Number 3: Facilitate and prioritize O&M; SWMMP Solution: Refinements and expansion of current O&M practices have been evaluated with a projected cost as part of the development of recommendations. These considerations are included in projected future funding of the City's Storm water Utility; • Objective Number 4: Augment existing infrastructure for storage and treatment; SWMMP solution: The BMP Treatment train tiered solutions augment the existing infrastructure with storage and treatment solutions; • Objective Number 5: Coordinate and guide review of projects under current design/construction and facilitate accelerated analysis of "early out" projects; SWMMP solution: Early out projects have been developed and concurrency reviews have been performed to guide the development of stormwater solutions under construction that are consistent with the SWMMP; • Objective Number 6: Identify stormwater harvesting-reuse and recharge well opportunities for conservation of fresh water; SWMMP solution: Tier 1 through Tier 4 BMP Treatment Train recommendations recharge the Biscayne Aquifer under the City while developing storage solutions that promote irrigation and reuse of treated stormwater; • Objective Number 7: Refine and recommend updates to the City's stormwater ordinances and assess sufficiency of the City's Stormwater Utility; SWMMP Solution: Recommendations to refine ordinances and policies including those related to SLC are proposed while identifying the long-term revenue sufficiency of the Storm water Utility; " Objective Number 8: Provide recommendations for seawalls to mitigate the effects of sea level increases over the 50 years; SWMMP Solution: Preliminary inspection and elevation standards for seawalls have been made with consideration of SLC, based on USACE guidance documents. The presented SWMMP addresses the objectives defined at the initiation of the project. The developed solutions are consistent with the project statement defined at the project kickoff meeting: "Proposed solutions are needed that are accurate, timely, effective, and defensible." ctBmth KM3226·ES docx © 2012 CDM Smith All Rights Reserved ES-8 359 360 w 0') ~ Michael F. Schmidt, P.E., BCEE • Senior Vice President for CDM Smith • Water Resources Technical Market Leader with 27 years experience on +80 stormwater programs across Florida • Managed /directed +160 water resource management programs Jason A. Johnson, P.E. • Senior Project Manager • Principal Water Resources Engineer • 15 years of international and domestic water resources/ stormwater management experience 362 - 363 QJ 364 365 . Q) . - u.. ~ ~ ~ ~ QJ V') L.. s..... - V') -QJ I • • - N 366 -Q) Q) 367 w 0') 00 0.9 0.8 0.7 0.6 ... 0.5 (II .... 111 3: 0.4 c: m o.3 ::\i! 0.2 0.1 0 1980 ......... USACE NRC Curve I (low) ........ USACE NRC Curve II {Intermediate) -":'fl.-USACE NRC Curve Ill ~ Key Tidal Data NOAA 1985 1990 1995 2000 USACE curves are on the Circular EC 0.84 ::7.: d 2005 2010 2015 2020 2025 2030 Year on October 1, 2011 and September 30, 2013. North Shore North Shore (72nd Street) $10 ormandy Isle $20 w I Upper laGorce I $12 0') <0 $14 -$9 -nfront I $0.3 -$4 -$3 -Flamingo+ I $106M SUBTOTAL $196M -Adjustment for highest sea I $10M level rise projection 370 w ....... ~ 11 separate steps into separate slides. keep Jason A. Johnson, 8/16/2012 then add steps in slides 372 373 374 375 --ra :J 376 ~ t ti ns . ~ B-nUnUI I p...,.nr 1-C B\IU HUnr t-t Ul n I . 51 w r o ndin I . -I I ris ....... ~ n1 ns 1n s ....... th t s h ul s t pu I i within tn t II ~ auiau1 ti ld ry fi n d t w p s . rl 378 379 380 381 382 383 USACE curves are on the Engineering Circular EC 1165-2-212, published on October 1, 2011 and 6 ~ 5.91 .... +-USACE NRC Curve I .......... USACE NRC Curve II 5 .......... USACE NRC Curve Ill Tidal Data 3.98 4 w 00 ~ ... (II rt.i 3 3: II: m (II ::?! 2 1 .. ilf!!f/l/j--f!llj!ia-OM ~% 0 1980 2000 2020 2040 2060 2080 2100 Year w 00 CJ1 During a presentation of the SWMMP at the June 28, 2012 Finance and Citywide Projects Committee, there was a technical discussion on the existing MHW and the rate of sea level rise. As a result, the Committee directed staff to have a public discussion on sea level rise and to return with the results. This SWMMP Sea Level Rise Discussion was held on Friday, August 17, 2012. I AMI ;.;. M-M-Q.l t"'l ::r' 3 ro = M-r"'l GOING FORWARD Modify stormwater system as sea level rises • install backflow preventers at outfalls • construct new stormwater pump stations w • add pumps to gravity systems 00 m • create storage for stormwater • raise seawalls to mandated heights Monitor change in sea level and refine future adaptation strategies Re-prioritize infrastructure requirements -· MIAMI w 00 ....... 72nd Street) land/Allison Island t el rise * Under design +Does not include $6M in RDA funding MIAMI BEACH 29 $50M currently funded $5M req'd additionally 206.3 RESOLUTION TO BE SUBMITTED 388 THIS PAGE INTENTIONALLY LEFT BLANK 389 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor and City Commission Of The City Of Miami Beach, Florida, Setting A Public Hearing On The September 11, 2013 City Commission Meeting, To Consider A Revocable Permit Request By First Street Development, LLC, Located At 800 First Street, To Construct Four (4) Concrete Eyebrows That Project Over And Into The Public Right-Of-Way At A Minimum Horizontal Dimension Of2'-2" At 9'-6" Above The Sidewalk, To A Maximum Horizontal Dimension Of 5'-0" At 9'-8"Above The Sidewalk. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The First Street Development, LLC (applicant) for the property located at 800 First Street, is requesting a revocable permit to construction four (4) concrete eyebrows into the public right of way. On September 6, 2011, the City of Miami Beach Design Review Board approved the applicant's plans, including the eyebrows, through Development Order #22858. The concrete eyebrows will project a minimum horizontal dimension of 2'-2" at 9' -6" above the First Street sidewalk, to a maximum horizontal dimension of 5'-0 at 9'-8" above the First Street sidewalk. The criteria for a revocable permit are satisfied, per Miami Beach City Code Section 82-94, to allow an encroachment over the City's right-of-way. The request is in harmony with the intent and purpose of the City Code, and will not be injurious to the area involved or otherwise detrimental to the public welfare. The permit will provide the applicant with a reasonable use of the property. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Financial Information: Source of Funds: OBPI Amount Financial Impact Summary: N/A Ci Clerk's Office Le islative Trackin Richard W. Saltrick, Cit En ineer, ext.6565 Si rector T:\AGENDA\2013\7-17-2013\Revocable Permit 800 First Street Summary.doc MIAMI BEACH 390 Account AGENDA IT EM ____.;(,:;;...7------'R--:::-- DATE 1-11""1_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 y Commission FROM: Jimmy L. Morales, City Manager DATE: July17,2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON THE SEPTEMBER 11, 2013 CITY COMMISSION MEETING, TO CONSIDER A REVOCABLE PERMIT REQUEST BY FIRST STREET DEVELOPMENT, LLC, LOCATED AT 800 FIRST STREET, TO CONSTRUCT FOUR (4) CONCRETE EYEBROWS THAT PROJECT OVER AND INTO THE PUBLIC RIGHT-OF-WAY, AT A MINIMIUM HORIZONTAL DIMENSION OF 2'-2" AT 9'-6" ABOVE THE SIDEWALK, TO A MAXIMUM HORIZONTAL DIMENSION OF 5'-0" AT 9'-8"ABOVE THE SIDEWALK. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the resolution. BACKGROUND Public Works received an application for a Revocable Permit to construct four concrete eyebrows into the City of Miami Beach Right of Way. The property is zoned CPS-1 and is located on the south side of First Street between Jefferson Ave. and Miami Ave. The First Street Development, LLC (applicant), for the property located at 800 First Street, is requesting a revocable permit to construction four (4) concrete eyebrows into the public right of way. The architectural concrete eyebrows will project a minimum horizontal dimension of 2'-2" at 9'-6" above the First Street sidewalk, to a maximum horizontal dimension of 5'-0 at 9'-8" above the First Street sidewalk. (Attachment A & D). On September 6, 2011, the City of Miami Beach Design Review Board approved the applicant's plans, including the eyebrows, through Development Order #22858. First Street Development, LLC (Applicant), as the owner of the property, has requested a Revocable Permit for the construction and maintenance of the aforementioned eyebrows. Per City Code Section 82-93, following submittal of the application for a Revocable Permit to the Public Works Department, the Administration shall review the request and prepare a recommendation, and the Commission shall consider setting a public hearing for consideration 391 City Commission Memorandum-Revocable Permit BOO First Street -Memo July 17, 2013 Page 2 of3 of the proposed Revocable Permit. ANALYSIS Pursuant to the criteria established under Section 82-94 of the City of Miami Beach Code of Ordinances for the granting/denying of revocable permits, the City has analyzed the criteria and issues the following conclusions: 1) That the applicant's need is substantial. Satisfied. Applicant's need has been established by the ORB order. 2) That the applicant holds the title to property which the improvements will be made. Satisfied. The applicant is the fee simple owner of the property located at 800 First Street. 3) That the proposed improvements comply with applicable codes, ordinances, regulations, and neighborhoods plans and laws. Satisfied. The Applicant shall comply with all the regulatory requirements for design criteria and will obtain any required building permits for these encroachments. 4) That the grant for such application will have no adverse effect on government/utility easements and uses on the property. Satisfied. The encroachments (eyebrows) do not create a conflict with existing government utilities and/or easements. 5) Alternatively: a. That an unnecessary hardship exists that deprives the applicant of a reasonable use of the land, structure or building for which the Revocable Permit is sought arising out of special circumstances and conditions that exist and were not self-created and are peculiar to the land, structures or buildings in the same zoning district and the grant of the application is the minimum that will allow reasonable use of the land, structures 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 eyebrows will provide pedestrians and bicyclists with shade and protection from rain. 6) That the granting the revocable permit requested will not confer on the applicant any special privilege that is denied to other owner of land, structures, or building subject to similar conditions. Satisfied. Any property may request a revocable permit. Granting this permit will not provide special privileges to the Applicant; any other property owner may also apply for a Revocable 392 City Commission Memorandum-Revocable Permit BOO First Street -Memo July 17, 2013 Page 3 of3 Permit provided they meet the applicable criteria, do not interfere with the safe utilization of any public ROW, and provide a neighborhood amenity such as pedestrian shade. 7) That granting the revocable permit will be in harmony with the general intent and purpose of Article Ill of the City Code, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. Satisfied. The proposed eyebrows 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 established under Section 82- 94 of the City Code is satisfied. This application is also supported by the fact that the eyebrows were required per the ORB order #22858. CONCLUSION The Administration recommends that the City Commission adopt the attached resolution to schedule a public hearing to consider approving the Revocable Permit. Attachments: A. Sketch and Legal Description B. Letter of Intent C. Revocable Permit Application D. Elevation View and Roof Plan JLM\MT\ETC\~ T:\AGENDA\2013\7-17-2013\Revocable Permit 800 First Street Memo.docx 393 ~ NOB HLl. ROAD SUIIREE. FLORIDA ~ Attachment A TELEPHONE: • FAX: 572-1778 E-MAIL: surve)ll50j:IIJI!celcmdsurveyors.com CERllFlCATE OF AUTHORIZATION LB,PB70 LEGAL DESCRIPTION: PORTIONS OF THE RIGHT-OF-WAY OF FIRST STREET AS DEDICATED BY THE PLAT OF OCEAN BEACH, FLA. ADDITION NO. 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 81, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 11, BLOCK 52, OF SAID PLAT, SAID POINT BEING OF THE SOUTH RIGHT-OF-WAY LINE OF SAID FIRST STREET; THENCE NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, ALSO BEING THE NORTH LINE OF SAID BLOCK 52, FOR 1.56 FEET TO POINT OF BEGINNING 'A', THENCE CONTINUING NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND SAID NORTH UNE OF BLOCK 52, FOR 23.71 FEET TO REFERENCE POINT 'A'; THENCE NORTH 00'00'00" WEST 2.17 FEET; THENCE SOUTH 90'00'00" WEST 23.71 FEET; THENCE SOUTH 00'00'00" EAST 2.17 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: COMMENCING AT SAID REFERENCE 'A', SAID POINT BEING OF THE SOUTH RIGHT-OF-WAY UNE OF SAID FlRST STREET; THENCE NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, ALSO BEING THE NORTH LINE OF SAID BLOCK 52, FOR 21.40 FEET TO POINT OF BEGINNING 'EI', THENCE CONTINUING NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND SAID NORTH UNE OF BLOCK 52, fOR 25.17 FEET TO REFERENCE POINT '13'; THENCE NORTH 00'00'00" WEST 5.00 FEET; THENCE SOUTH 90'00'00" WEST 25.17 FEET; THENCE SOUTH 00'00'00" EAST 5.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: COMMENCING AT SAID REFERENCE 'B', SAID POINT BEING OF THE SOUTH RIGHT-OF-WAY LINE OF SAID FIRST STREET; THENCE NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, ALSO BEING THE NORTH LINE OF SAID BLOCK 52, FOR 4.2.3 FEET TO POINT Of BEGINNING 'C', THENCE CONTINUING NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND SAID NORTH LINE OF BLOCK 52, FOR 23.88 FEET TO REFERENCE POINT 'C'; THENCE NORTH 00'00'00" WEST 2.17 FEET; THENCE SOUTH 90'00'00" WEST 23.88 FEET; THENCE SOUTH 001>0'00" EAST 2.17 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: COMMENCING AT SAID REFERENCE 'C', SAID POINT BEING OF THE SOUTH RIGHT-OF-WAY LINE OF SAID FIRST STREET; THENCE NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, ALSO BEING THE NORTH LINE OF SAID BLOCK 52, FOR 1.49 FEET TO POINT OF BEGINNING '0', THENCE CONTINUING NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND SAID NORTH UNE OF BLOCK 52, FOR 24.80 FEET; THENCE NORTH 00'00'00" WEST 2.17 FEET; THENCE SOUTH 90'00'00" WEST 24.80 FEET; THENCE SOUTH 00'00'00" EAST 2.17 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN MIAMI-DADE COUNTY. FLORIDA AND HAV1NG A COMBINED AREA CONTAINING 283 SQUARE 394 THIS DOCUMENT IS NEITHER FULL NOR OMPLETE WITHOUT SHEETS 1 THROUGH 3 P.O.C. NORTHWEST CORNER OF LOT 11, BLOCK 52 ,_ g w z ::::1 LOT 12 t; ~ ~ NOB HU... ROAD BUINFII~ FLORIDA ~ TELEPHONE: (954) • FAX: 572-1778 E-MAIL: IIIUI"Ve)'III~UIIeelaru:llllurveyori!I.COm CER11F1CATE OF AUTHORIZATION LS#3S70 LOT 11 100' RIGHT-OF-WAY (PLAT BOOK2, PAGE 81) LOT 10 LOT 9 LOT 8 LOT 7 1) BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE SOUTH RIGHT-OF-WAY LINE OF FIRST BEING NOO"OO'OO"E. 2) THIS IS NOT A SKETCH SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. O.R.B. P.O. P.O.B. 395 SHIFE>r 2 3 THIS DOCUMENT IS NEITHER FUll NOR COMPLETE WITHOUT SHEETS 1 THROUGH 3 CENTERLINE OFFICIAL RECORDS BOOK POINT OF COMMENCEMENT POINT OF BEGINNING ~NOB HI..L ROAD ~~FmE fiLORIDA 00381 TELEPHONE: (954) • F"AX: 572-1778 E-MAIL: IIIUNe)I'8Gpullc::elcndeurveyora.com CERTIF1CA iE OF AUTHORI:ZA TION U!lf.'51370 I ! I I I I I I _<ol:;> ____ ....J ' I FIRST STREET -~----~-------------- ! ----·-.., WI I fo I ~I I<· : I I , : I , I i " I I '-J I I L-------- NOT TO SC I I I I ----------1 ' -L-7. I 2 , 1 : '( --!l ·~ I I I I I I -l 1) BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE SOUTH RIGHT-OF-WAY LINE OF FIRST STREET, BEING Noo·oo'OO"E. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT A FIELD SURVEY . .3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 THROUGH 3 CENTERLINE O.R. OFFICIAL RECORDS BOOK 396 Attachment B ZONING, LAND USE AND ENVIRONMENTAL LAVV DIRECT LINE: (305) 377-6229 E-Mail: gg_gmn@BRZoninqLaw.com May 22,2012 2014) WACHOVIA FINANCIAL CENTER • 200 SOUn-1 BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.3n.6222 397 7, cc: BERCOW RADELL 5. FERNANDEZ ZONING, LAND USE AND ENVmF.-·lONMEN-J"AL LA'VV 398 Attachment C 1. NAME OF APPLICANT: First Street Development, LLC 2. APPLICANT'S ADDRESS: 2200 Biscayne Boulevard 3. APPLICANT'S BUSINESS TELEPHONE: c/o Graham Penn, Esq., 305-37j6229 RESIDENCE TELEPHONE: N/A 4. ADDRESS AND LEGAL DESCRIPTION OF SUBJECT CITY PROPERTY: See attached for detailed legal description. Area consists of portion of City sidewalk on the south side of First Street in front of738 First Street (Folio 02-4203-009-2330) 5. ADDRESS AND LEGAL DESCRIPTION OF APPLICANT'S PROPERTY ABUTTING SUBJECT PROPERTY: 738 First Street, consisting ofthe western 8 feet of Lot 7 and Lots 8 through 11 ofBlock 52 of the Ocean Beach Addition Subdivision, recorded at Plat Book page 81 of the Public Records of Miami-Dade County. 6. HAS PUBLIC HEARING BEEN HELD PREVIOUSLY REGARDING THIS REQUEST? YES __ NO X IF SO, WHEN: _____________ _ FILE NO. OF PREVIOUS REQUEST: N/A 7. STATE REQUEST EXPLAINING THE REASON/NEED FOR THE REVOCABLE PERMIT: Permit is necessary to allow erection of concrete eyebrows over portions of City sidewalk for mixed-use commercial and residential building. 8. DOES THE REQUEST INVOLVE THE PLACEMENT OF OBJECTS OR STRUCTURES ON THE SUBJECT PROPERTY? YES NO X IF SO, BRIEFLY DESCRIBE THE OBJECTS/STRUCTURES: ------- 399 9. NAME OF CONTRACTOR: G.T. McDonald Enterprises ADDRESS: 400 South State Road 7 Plantation, FL 33317 BUSINESS TELEPHONE: 954-584-3060 SEE THE ATTACHED LIST ITEMS TO BE SUBMITTED WITH APPLICATION (SECTION 82-92, ITEMS 1 THROUGH 9). NO WORK SHOULD BE PERFORMED IN THE SUBJECT A REVOCABLE PERMIT THE CITY COMMISSION IT IS RESPONSIBILITY OF OWNER AND/OR CONTRACTOR TO OBTAIN THE REQUIRED PERMITS AND INSPECTIONS FOR WORK ON THE SUBJECT WORK MUST COMPLY WITH THE APPLICABLE CODES AND ...,..._,._,_,_u ALL SUBMITTED IN CONNECTION WITH A PERMANENT PUBLIC DEPARTMENT OF CITY. APPLICATION BECOMES THE PUBLIC WORKS FILE NO.--------- THE SUBJECT PROPERTY IS AT THE FOLLOWING STREET ADDRESS: 738 First Street MIAMI FL. 400 INSTRUCTIONS: COMPLETE OWNER AFFIDAVIT OR CORPORATION AFFIDAVIT, AS APPLICABLE, ALSO, IF YOU ARE GIVING POWER OF ATTORNEY TO AN INDIVIDUAL TO REPRESENT YOU ON THIS REQUEST, COMPLETE THE LAST AFFIDAVIT. OWNER AFFIDAVIT l Q hvtheing first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing: that all the answers to the questions in this application and all supplemental data attached to and made a part of the application are honest and true to the best of my knowledge and belief. Sworn ~and subscrib this day of Commission Expires: ·- DAYAMI AGUIAR Notary Public -State of Florida Comm Expires Mar 16,2015 Commission # EE 70292 ************************************************~******************~******************~************************** LIMITED LIABILITY COMPANY AFFIDAVIT I, Russell Galbut, being duly sworn, depose and say that I am the Managing Member of the aforesaid limited limited liability company, and as such, have been authorized by the company to file this application for public hearing; that all answers to the questions in said application and all supplemental data attached to and made a part of this application are honest and true to the best of our knowledge and belief; that said corporation is the owner of the property described herein and which is the subject matter of the proposed hearing. MANAGING MEMBER SIGNATURE Sworn to and subscribed to before me this day of , 20 __ . NOTARY PUBLIC OWNER/POWER OF ATTORNEY AFFIDAVIT Russell Ga!but, being duly sworn, depose and say that I am the Managing Member of the aforesaid limited limited liability company, which is the owner of the described real property and that I am aware of the nature and effect of the request for this revocable permit, relative to my property, which is hereby made by me or I am hereby authorized Bercow Radell & Fernandez, PA to be my legal representative before the City Commission. OWNER'S SIGNATURE Sworn to and subscribed to before me this day of , 19 __ . NOTARY PUBLIC Commission Expires: --------- 401 Attachment D 402 403 A3 404 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR SEPTEMBER 11, 2013, TO CONSIDER A REVOCABLE PERMIT REQUEST BY FIRST STREET DEVELOPMENT, LLC, AS THE OWNER OF THE COMMERCIAL PROPERTY LOCATED AT 800 FIRST STREET, TO CONSTRUCT FOUR (4) CONCRETE EYEBROWS THAT PROJECT OVER AND INTO THE PUBLIC RIGHT-OF-WAY, AT A MINIMUM HORIZONTAL DIMENSION OF 2'-2" AT 9'- 6" ABOVE THE SIDEWALK, TO A MAXIMUM HORIZONTAL DIMENSION OF 5'-0" AT 9'-8"ABOVE THE SIDEWALK. WHEREAS, First Street Development LLC (Applicant) is the owner of a commercial property located at 800 1st Street (Property), mid-block on the south side of First Street, between Jefferson and Washington Avenues; and WHEREAS, the Applicant proposes to develop the Property with a mixed-use commercial and residential development, consisting of commercial uses on the ground floor, a parking garage (levels two through four), and a single family home (levels three through seven); and WHEREAS, on September 6, 2011, the City's Design Review Board approved the Applicant's plans, through Development Order #22858, to construct four (4) eyebrows that project over and into the public right-of-way, with a minimum horizontal dimension of 2'-2" at 9'- 6" above the sidewalk and a maximum horizontal dimension of 5'-0" at 9'-8" above the sidewalk; and WHEREAS, the Applicant has made application to the City for a revocable permit to be allowed to maintain the aforestated encroachments upon the right-of-way; and WHEREAS, pursuant to Section 82-93, following submittal of an application for a Revocable Permit to the Public Works Department, the City Administration shall review the request and prepare a recommendation, and the City Commission shall set a public hearing for consideration of the proposed Revocable Permit. 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, set a public hearing for September 11, 2013, to consider a Revocable1 Permit request by First Street Development, LLC, as the owner of the commercial property located at 800 First Street, to construct four (4) concrete eyebrows that project over and into the public right-of-way, at a minimum horizontal dimension of 2'-2" at 9'-6" above the sidewalk, to a maximum horizontal dimension of 5'-0" at 9'-8"above the sidewalk. PASSED AND ADOPTED this 1th day of July, 2013. ATTEST: Matti Herrera Bower, Mayor Rafael Granado, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION . ·~' ,\~ \ <7 ~~+-+:to-m-~-~ oS'te' City Attorney Date T:\AGENDA\2013\7-17 -2013\Revocable Permit 800 First Street Reso.doc 405 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The City Manager To Execute An Agreement Between The City And The Florida Department OfTransportation (FOOT), For The FOOT To Install, Maintain, And Operate A Global Positioning System (GPS) Reference Station Which Includes Antenna, Receiver, And Communication Equipment At The Tennis Center Building In Flamingo Park, Located At 1200 Meridian Avenue. Key Intended Outcome Supported: Ensure Quality Capital Project Supporting Data (Surveys, Environmental Scan, etc.): n/a Item Summary/Recommendation: The Agreement (Attachment) allows the Florida Department of Transportation (FOOT) to install and maintain a Global Positioning System (GPS) Reference Station, for the purpose of collecting geodetic GPS data, at the Tennis Center Building in Flamingo Park. FOOT maintains and operates a Florida Permanent Reference Network throughout the State of Florida. The GPS Reference Stations are accessible through the internet and provide real time GPS corrections compatible with the City's high-precision GPS Rover Receiver unit. There is no cost for use of FOOT GPS Reference Stations, and is available to governmental agencies, private companies, and the public. The placement of a GPS Reference Station within the City will result in a more reliable and accurate signal, which is needed for the City's existing high-precision GPS Rover Receiver unit. The GPS Rover Receiver unit is currently utilized by the Public Works Engineering Division's surveyors, for the collection of high- precision data. The collected and stored high-precision GPS data sets are utilized for in-house surveys and designs, recording of buried utilities, and for the creation of GIS maps. At this time, the City subscribes to a private service to obtain the needed accuracy for its GPS Rover Receiver unit for a monthly cost of $150. This service would no longer be needed if FOOT installs this station at the Tennis Center. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION Board Recommendation: Financial Information: Source of Funds: 1 OBPI Total Amount Clerk's Office Le islative Trackin Department Director ETC Sign-Offs: T:IAGENDA\2013\July 17\FDOT GPS Agreement Flamingo Park Summary.doc MIAMI BEACH 406 Account AGENDA ITEM _C...........:;_?~J­ DATE 7-/7-!3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov SSION MEMORANDUM TO: Mayor Matti Herrera Bower and FROM: Jimmy Morales, City Manager tt--~~ DATE: July17,2013 SUBJECT: A RESOLUTION OF THE MA OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT), FOR FOOT TO INSTALL, MAINTAIN, AND OPERATE A GLOBAL POSITIONING SYSTEM (GPS) REFERENCE STATION WHICH INCLUDES ANTENNA, RECEIVER, AND COMMUNICATION EQUIPMENT AT THE TENNIS CENTER BUILDING IN FLAMINGO PARK, LOCATED AT 1200 MERIDIAN AVENUE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The Agreement (Attachment) allows the Florida Department of Transportation (FOOT) to install and maintain a Global Positioning System (GPS) Reference Station, for the purpose of collecting geodetic GPS data, at the Tennis Center Building in Flamingo Park. FOOT maintains and operates a Florida Permanent Reference Network throughout the State of Florida. The GPS Reference Stations are accessible through the internet and provide real time GPS corrections compatible with the City's high-precision GPS Rover Receiver unit. There is no cost for use of FOOT GPS Reference Stations, and is available to governmental agencies, private companies, and the public. The placement of a GPS Reference Station within the City will result in a more reliable and accurate signal, which is needed for the City's existing high-precision GPS Rover Receiver unit. The GPS Rover Receiver unit is currently utilized by the Public Works Engineering Division's surveyors, for the collection of high-precision data. The collected and stored high-precision GPS data sets are utilized for in-house surveys and designs, recording of buried utilities, and for the creation of GIS maps. ANALYSIS The FOOT Surveying & Mapping Office has visited the Tennis Center Building at Flamingo Park and other locations in the City, therefore requesting use of this building. The Public Works Engineering Department working with the City's IT Department has confirmed with AT&T that 407 City Commission Memorandum-FOOT GPS Agreement Flamingo Park July 17, 2013 Page 2 of2 the Tennis Center Building is capable of supporting DSL Service required for the GPS Reference Station. The IT Systems Department also has indicated that it does not foresee any interference between the City's IT systems and FOOT GPS Reference Station, as the station will not transmit signals over the air. The station will only receive signals over the air while transmitting via DSL. The GPS Reference Station and DSL service will be installed at the expense of FOOT. The maintenance, repair, and replacement costs of the GPS Reference Station and DSL service will be the FOOT's responsibility. At this time, the City subscribes to a private service to obtain the needed accuracy for its GPS Rover Receiver unit for a monthly cost of $150. This service would no longer be needed if FOOT installs this station at the Tennis Center. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the resolution. Attachment: Agreement MT/ETC/JJF/RWS T:\AGENDA\2013\July 17\FDOT GPS Agreement Flamingo Park Memo.docx 408 RICK SCOTT GOVERNOR Attachment Surveying and Mapping Office 605 Suwannee Street MS-5L Tallahassee, Fl 32399-0450 850.414.7962 of R ANATH PRESAUD SECRATARY FT This Memorandum of Agreement is entered this day of , between the of Department of Transportation, an agency of the State of Florida, hereinafter called the "Department", and , hereinafter called the "Agency". The Department desires to establish a statewide Global Positioning System (GPS) Reference Station Network for purposes of collecting geodetic GPS data, and the Agency consents to allow the Department to locate a Reference Station on its property, and in consideration of the mutual covenants, promises, and representations herein set forth, agree as follows: 1. The hereby gives permission to the contractors, to enter the premises at: ~--------------------- hereinafter called the Project Site, to construct, maintain, hereinafter called the Project, further described in Exhibit herein. and operate the GPS Reference Station, attached and incorporated by reference 2. The Department shall be responsible for all costs for the construction, installation, maintenance, and operation of the Project described A. The Agency shall be held harmless and exempt of said responsibilities and, to the extent permitted by law, any damage to the equipment shown in Exhibit A. 3. Each party shall designate a representative to administer this to receive or respond to notices or correspondences in relation to the Project at the Project Site. All notices or demands which may be given, made, or sent to the following representatives will be deemed to have been fully given, made, or sent when in writing and delivered to the other party by US Mail, facsimile transmission, courier service, or personal delivery: To the Department: Address: To the .n.~"''''""' Address: Any changes to the above representatives or address must be provided to the other party in writing. 4. The Agency shall provide written approval of the location on the Project Site. Party representatives will determine the location for the permanent antenna mount and equipment installation. 5. The Agency will assess no cost to the 6. The Agency will provide electrical service to the Project at no cost to the Department. 409 7. Authorized Department representatives, or contractors accompanied by a Department representative will be allowed to access the Project Site at all times. In the event access is needed after regular business hours, the Department shall provide reasonable notice, except in an emergency, notice reasonable under the circumstances will be provided. 8. The Department agrees to comply with all federal, state, and local laws applicable to this ..,. .. , .. .,.,,.. ... and the Agreement. 9. Either party may tenninate this Agreement after thirty (30) days advance written notice to the other party. At the end of the time noticed, the Department shall, at its own expense, remove all detachable equipment from the Project Site. All items installed by the Department and described in Exhibit A shall remain the sole property ofthe Department. 10. This embodies the whole agreement of the parties. There are no promises, tenns, conditions, or obligations other than those contained herein, and this shall supersede all previous communications, representations, or agreements, wither verbal or written, between the parties hereto. The laws ofthe State ofFlorida shall govern this Agreement. 11. This Agreement shall remain in full force and effect until such times as the parties mutually in writing to termination. 12. This Agreement shall be binding upon the successors, assigns, and legal representatives of the and the Agency. 13. This Agreement shall not be construed to afford any third party rights. Therefore, the parties have duly executed this Memorandum of on the day first above written. Agency Name Signature Printed Name: Title: Name/Title: 410 State of Florida Department of Printed Name: Title: Name/Title: Exhibit A ~ Choke Ring Antenna (fig. 1) ~ Global Positioning System Receiver (fig. 2) ~ Site specific antenna mount (fig. 3) ~ Power Supply (fig. 4) o Uninterrupted Power Supply ~ Communication Equipment (fig. 5) o Digital Subscriber Line (DSL) modem This is a typical listing of equipment to be installed at the host location. The Department may add or subtract various components of the system as needs dictate. If changes are made, the Department will provide written notice to the host agency within a sufficient period of time. Figure 1 Figure 2 411 Exhibit A Figure 3 412 Exhibit Figure 4 Figure 5 413 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT), FOR FOOT TO INSTALL, MAINTAIN, AND OPERATE A GLOBAL POSITIONING SYSTEM (GPS) REFERENCE STATION WHICH INCLUDES ANTENNA, RECEIVER, AND COMMUNICATION EQUIPMENT AT THE TENNIS CENTER BUILDING IN FLAMINGO PARK, LOCATED AT 1200 MERIDIAN AVE. WHEREAS, The Agreement allows the Florida Department of Transportation (FOOT) to install and maintain a Global Positioning System (GPS) Reference Station, for the purpose of collecting geodetic GPS data at the Tennis Center Building in Flamingo Park; and WHEREAS, FOOT maintains and operates a Florida Permanent Reference Network throughout the State of Florida with GPS Reference Stations that are accessible through the internet, providing real time GPS corrections, compatible with the City's high-precision GPS Rover Receiver unit; and WHEREAS, the FOOT Surveying & Mapping Office has requested the use of the Tennis Center Building at Flamingo Park for a GPS Reference Station, to be installed, maintained, repaired and replaced at FOOT's expense; and WHEREAS, the placement of a GPS Reference Station within the City will result in a more reliable and accurate signal at no cost, which is needed for the City's existing high- precision GPS Rover Receiver unit. / 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 approve and authorize the City Manager to execute an Agreement between the City and the Florida Department of Transportation (FOOT), for FOOT to install, maintain, and operate a global positioning system (GPS) reference station which includes antenna, receiver, and communication equipment at the Tennis Center building in Flamingo Park, located at 1200 Meridian Ave. PASSED AND ADOPTED this 17th day of July, 2013. ATTEST: Matti Herrera Bower, Mayor Rafael Granado, City Clerk T:\AGENDA\2013\July 17\FDOT GPS Agreement Flamingo Park Resolution.docx 414 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK 415 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The City Commission Of The City Of Miami Beach, Florida Accepting The Recommendation Of The Joint Neighborhoods/Community Affairs Committee And Land Use And Development Committee To Proceed With Phase 2 Of The Atlantic Greenway Network Master Plan Update And Endorsing The Administration's Recommendation Of A Proposal From Atkins North America, Inc. And Street plans Collaborative For Phase 2 Of The Atlantic Greenway Network Master Plan Update Subject To Funding Approval in The FY 2013/14 Capital Budget. On October 17, 2007, the Miami Beach City Commission adopted the Atlantic Greenway Network (AGN) Master Plan also known as the Bike Master Plan. This master plan focused on creating an interconnected network of bicycle and pedestrian facilities by way of on-street bicycle facilities, shared-paths, Beachwalks, and Baywalks. Further, the plan was intended to create connections between the City network and the County's and State's regional bicycle network. As an outcome of the AGN Master Plan, the City has constructed over 15 miles of bicycle facilities and has over 7 more miles in construction and design stages. As part of this bicycle network construction, the City has continued phased construction of Beachwalks and has improved bicycle parking throughout the City. These facilities amount to about 70 percent of the bicycle facilities planned in 2007. (Attachment A-Bike Facilities Map, which is the subject of the update effort). In response to the Administration's attention to bicycle transportation in the City, the 2012 Community Satisfaction Survey shows an increase in bicycling and walking as the primary method of transportation from six (6) percent to 11 percent. The number of residents bicycling and walking as the primary mode of transportation is even more predominant in the South Beach area at 26 percent. In 2012, the City was also recognized by the U.S. Census Authority for being one of the Top Ten (10) Cities in the country for commuter bicycle trips. Like most master plans, the AGN Master Plan was intended to be a dynamic document that should be updated as the City evolves and transforms itself into a bicycle-friendly community. The City is managing the effort of updating the AGN Master Plan. Phase 1 of the update consisted of two (2) bicycle summits and an existing conditions report. This effort also included literary review of the existing AGN Master Plan and a "handle-bar" survey. As a result of these activities, Phase 1 of the update identified deficiencies in the existing plan. The focus of Phase 2 of the update is to develop recommendations. The Administration has requested and reviewed proposals for three different scenarios on this project. Following our review the recommendation is to award a contract for proposal 2 in the amount of $154,154. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION Advisory Board Recommendation: This item was discussed at the Joint Neighborhoods/Community Affairs Committee and Land Use and Development Committee Meeting on March 19, 2013. At the joint meeting, the Committee (Commissioner Tobin, Gongora, Libbin and Exposito present) unanimously moved to bring this item to Commission. Financial Information: Source of Amount Account N/A Funds· 1 $154,154 OBPI' r.T~o~t~a~l~--~------;-------------------------------~ Financial I act Summary: Funding for this item is being requested for FY13/14 through the current bud et recess City Attorney's Office and Human Resources Department Department Director Assistant Ci nager ETC KGB MIAMI BEACH 416 Cit JL C7T DATE 7-(7-I'!> MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower a d Commission FROM: Jimmy Morales, City Manager DATE: July17,2013 of the Miami Beach City SUBJECT: A RESOLUTION OF THE Y COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE JOINT NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE AND LAND USE AND DEVELOPMENT COMMITTEE TO PROCEED WITH PHASE 2 OF THE ATLANTIC GREENWAY NETWORK MASTER PLAN UPDATE AND ENDORSING THE ADMINISTRATION'S RECOMMENDATION OF A PROPOSAL FROM ATKINS NORTH AMERICA, INC. AND STREETPLANS COLLABORATIVE FOR PHASE 2 OF THE ATLANTIC GREENWAY NETWORK MASTER PLAN UPDATE SUBJECT TO FUNDING APPROVAL IN THE FY 2013/14 CAPITAL BUDGET. This item was discussed at the Joint Neighborhoods/Community Affairs Committee and Land Use and Development Committee Meeting on March 19, 2013. At the joint meeting, the Committee (Commissioner Tobin, Gongora, Libbin and Exposito present) unanimously moved to bring this item to Commission. FUNDING Funding for this item is being requested for FY 13/14 through the current budget process. ADMINISTRATION RECOMMENDATION Approve the Resolution BACKGROUND On October 17, 2007, the Miami Beach City Commission adopted the Atlantic Greenway Network (AGN) Master Plan also known as the Bike Master Plan. This master plan focused on creating an interconnected network of bicycle and pedestrian facilities by way of on-street bicycle facilities, shared-paths, Beachwalks, and Baywalks. Further, the plan was intended to create connections between the City network and the County's and State's regional bicycle network. As an outcome of the AGN Master Plan, the City has constructed over 15 miles of bicycle facilities and has over 7 more miles in construction and design stages. As part of this bicycle network construction, the City has continued phased construction of Beachwalks and has improved bicycle parking throughout the City. These facilities amount to about 70 percent of the bicycle facilities planned in 2007. (Attachment A-Bike Facilities Map, which is the subject of the update effort). 417 Commission Memorandum Regarding the Bike Master Plan July 17. 2013 Page 2 of 6 In response to the Administration's attention to bicycle transportation in the City, the 2012 Community Satisfaction Survey shows an increase in bicycling and walking as the primary method of transportation from six (6) percent to 11 percent. The number of residents bicycling and walking as the primary mode of transportation is even more predominant in the South Beach area with 26 percent of residents bicycling and walking. In 2012, the City was also recognized by the U.S. Census Authority for being one of the Top Ten (1 0) Cities in the country for commuter bicycle trips. Like most master plans, the AGN Master Plan was intended to be a dynamic document that should be updated as the City evolves and transforms itself into a bicycle-friendly community. In summer of 2012, the City began the effort of updating the AGN Master Plan by engaging Atkins North America Inc., a renowned transportation planning and traffic engineering firm with local experience, and Street Plans Collaborative, an innovative urban planning firm with strong local ties and extensive experience in developing progressive bicycle master plans throughout the country. Some of the bike master plans completed by Street Plans Collaborative have received national recognition by the League of American Bicycles, including Tucson (Gold Level), Santa Monica (Bronze Level), and Miami (Bronze Level). AGN Master Plan Update -Phase 1 (Completed) The update of the AGN Master Plan was anticipated to be a two (2) phase effort consisting of various tasks with the common goal of improving the safety and connectivity of bicycle transportation in Miami Beach. Phase I consisted of two (2) public summits, a technical review of the adopted AGN master plan, a handlebar survey, creation of a project website, and a best practices review. The two public summits, one held in North Beach and the other in South Beach, served to inform residents and transportation agencies of the current best practices available and implemented in other urban cities throughout the country, including New York. The summits served as a forum for citizens to voice concerns regarding safety, connectivity, and bicycle transportation in the City. The summits had a total of 51 attendees, including two City of Miami Beach elected officials. As part of the two public summits, the consultant team provided an extensive presentation on most of the current and innovative approaches to bicycle network planning and design. Following the presentation, the team conducted visual surveys related to best practices, allowing residents to express their preferences regarding bicycle facility treatments. During first meeting held in the North Beach Youth Center, residents expressed their discontent with the lack of connectivity from North Beach to South Beach. Another predominant comment was the lack of safe corridors available in the City for bicyclists. Residents attending the summits expressed a desire to implement some of the innovative bicycle network planning and design practices existing in other major cities in the U.S. and abroad. During the second public summit, the team received several comments regarding safety for bicyclists and pedestrians and the need to educate and enforce both bicyclists and motorists. Residents cited specific cases of unsafe designs within the City. All the information from the meetings was collected and quantified by the team and results were posted on the project website. As part of Phase I, the team also conducted a review of the existing AGN Master Plan. The deficiencies listed below were identified during the review process: 418 Commission Memorandum Regarding the Bike Master Plan July 17. 2013 Page 3 of6 • AGN Plan does not identify the impact of each facility to the cross-section of the corridor • AGN Plan lacks data collection effort to quantify the impact to vehicular traffic • AGN Plan does not have an inventory on existing corridor connectivity, bicycle parking, vehicular parking, and current safety deficiencies • AGN Plan lacks definition in the specific treatment for pedestrians and bikes • AGN Plan does not significantly address intermodal connectivity with existing proposed facilities • AGN Plan does not look into innovative approaches for bicycle facility design • AGN Plan does not identify any street lighting or pedestrian lighting deficiencies that would jeopardize the safety of bicyclists and pedestrians • AGN Plan does not identify any intersection treatment that would help improve the safety of pedestrians A "handle-bar'' survey was part of the data collection effort for Phase I. This task required the bicycle experts to ride the existing bicycle facilities and other corridors in the City. This effort was followed by the submission of a report (Attachment C) identifying the strengths and weaknesses of the current road network. The following are some of the highlighted corridor deficiencies: • Collins Avenue -North of Espanola Way: Survey team identified safety problems with high speed of vehicles and a high number of turning movement conflicts. • 5 Street: Surveyor identified clear conflict points at intersections • 16 Street: Turning vehicles do not yield to bikes. This is a safety issue that needs to be addressed with better intersection treatments. • Washington Avenue: Bicycle parking demand surpasses the demand. The team created an interactive project website (bikemiamibeach.org) to expand upon the public outreach effort. The website serves as a source of information and contains all the documents gathered as part of Phase I. Recently, the website has been made interactive to provide the residents with a map capable of recording information. Residents will now be able to link their comments to a specific site on the map. Also as a part of the website, residents will obtain all the real time information and progress of upcoming tasks. The website will disseminate announcements for residents to join the team in upcoming City bicycle rides with the purpose of further data collection. (additional handle-bar surveys). The residents participating will be able to provide comments and suggestions regarding specific bicycle network issues. The tasks completed in Phase I show that the current plan identifies a core network of bicycle facilities but did not adequately address the following points: • Connectivity • Analysis of recommended bicycle facilities based on existing street cross-sections and roadway type (local, collector, or arterial) • Analysis of intermodal connectivity • Implementation of innovative practices to improve safety. The first phase of the AGN Master Plan Update effort recognized various safety deficiencies in the available bicycle facilities in the City and identified basic strengths and weaknesses affecting bicycle transportation in various City corridors. Due to weather conditions, geographical 419 Commission Memorandum Regarding the Bike Master Plan July 17. 2013 Page 4 of6 conditions, land use intensity, and grid system, the team recognized the City's potential to become an enjoyable, safe, and efficient bicycling community. It is important that the City expand upon the completed Phase 1 effort and complete the update of the AGN Master Plan and conduct the necessary planning and engineering tasks to create street design guidelines incorporating bicycle facilities, close the connectivity gaps in the network, and develop a comprehensive and progressive bicycle master plan, consistent with the industry's 5 E's: Engineering, Education, Encouragement, Enforcement, and Evaluation. ANALYSIS The scope for Phase 2 will focus on developing design guidelines and alternatives for improving the connectivity deficiencies along the current bicycle network. In order to fill in these connectivity gaps, the team will explore current best practices, right-of-way characteristics, corridor geometries, and current City policies, such as the prior direction from City Commission regarding not adding pavement to streets in order to accommodate proposed bicycle facilities . At the Joint NCAC/LUDC meeting on March 19, 2013, during the discussion on the AGN Master Plan Update effort, the Administration raised a concern regarding the potential impacts that a prescriptive bicycle master plan (and its recommended improvements) may have on the construction schedule and cost of several ongoing or upcoming Capital Improvements projects. In an effort to minimize this potential impact, it was stated at the meeting that a scope for a bicycle master plan update should, at a minimum, address this concern so as to not adversely affect neighborhood improvement projects in construction. Pursuant to the direction of the joint NCAC/LUDC at the March 19, 2013 meeting, the City requested the consultant team provide three (3) distinct scopes of services and budget proposals for further consideration by the Administration and City Commission. The three proposals are attached (Attachments B, C, and D). Following is a summary of each proposal, how each address the Administration's concern with ongoing Capital Improvement projects, and the respective schedule and cost. Proposal 1 -Street Design Guidelines (Attachment B) This proposal will create street design guidelines for City staff and the public to use in proposing bicycle facilities as part of future analyses of street construction and repaving projects. The work product, a Street Design Guide, would serve to close the connectivity gaps in the existing network and to propose improvements for various street sections and roadway classifications (local, collector, arterial) existing in the City. This effort will detail a series of typical Right-of-Way conditions found in the City, along with typical bicycle facilities that can be adapted to these conditions. This proposal envisions a limited public involvement process (one informational meeting), no use of the existing website, and minor consultation on policy, bicycle parking (identification of need by zone), and future funding and implementation. This proposal also includes minor analysis of the existing AGN plan. This proposal will not deliver a complete master plan, but simply provide a high level analysis given what has been accomplished under the existing 2007 AGN. This proposal will not include a review or analysis of existing Capital Improvement Projects as only street design guidelines will be developed to be applied by City staff as appropriate. 420 Commission Memorandum Regarding the Bike Master Plan July 17. 2013 Page 5 of6 This effort is anticipated to take approximately nine (9) to twelve (12) months to complete. Cost: $84,164 Proposal 2 -Street Design Guidelines and Bicycle Network Plan (Attachment C) This proposal builds on the tasks and deliverables of Proposal 1 above while adding a basic bicycle plan component to the process. In addition to the Street Design Guide, the Project Team will study the existing AGN Master Plan and Capital Improvement Projects currently in planning and preliminary design phases and make suggestions to improve their functionality and connectivity with regard to bicycles. The suggested improvements will be based upon the Street Design Guide. This proposal envisions a full public involvement plan with two (2) public meetings/workshops, full use of the existing website, as-needed data collection in the form of bike/traffic counts, and an in-depth consultation on policy, bicycle parking (identification of location-specific facilities), and a future funding and implementation plan. This proposal will evaluate the City's Capital Improvement projects currently in planning and preliminary design stages and will not take into consideration projects in construction or advanced stages of design development so as to not adversely affect the construction cost and schedule of those neighborhood projects. This effort is anticipated to take approximately twelve (12) months to complete. Cost: $154,154 Proposal 3 -Bicycle Master Plan (Attachment D) The third proposal envisions the most intense master planning effort which would consist of developing a full citywide bicycle master plan with a twenty (20) year horizon. This effort would include the Street Design Guide, as well as a full public involvement program, and an updated bicycle master plan. The deliverable would be a comprehensive master plan document comprising the Phase 1 and Phase 2 AGN Master Plan Update effort that represents the vision of the community from a bicycling perspective. The document would serve as a guide for the implementation of multi-modal street improvements as future roadway projects are scheduled by the City, County, and State. The Plan will be based upon the design guidelines developed and provide City staff with the tools needed to implement bicycle facility projects now and within a 20-year horizon. As part of this proposal, the consultant team will review all capital improvement projects/neighborhood improvement plans, provide comments, and develop a series of design recommendations for projects that are in planning and early design development stages. Neighborhood improvement projects that are currently in construction or in advanced stages of design development will be analyzed and two types of recommendations will be provided. For these ongoing projects, the consultant team will provide short-term recommendations (recommendations that do not require a change in pavement width and can be implemented with low cost and impact to construction schedule) and long term recommendations (recommendations that would require a change to pavement width and typical section and a more involved engineering analysis). The Consultant team will synthesize this effort and issue a technical memorandum detailing the analysis for each roadway with Street Sections that prescribe the physical design recommendations (short term and long term). 421 Commission Memorandum Regarding the Bike Master Plan July 17. 2013 Page 6 of6 This effort is anticipated to take approximately twelve (12) to fifteen (15) months to complete. Cost: $180,454 RECOMMENDATION After careful review of the three (3) proposals submitted by the Atkins/Street Plans Collaborative team for Phase 2 of the AGN Master Plan Update, the Administration recommends moving forward with Proposal 2 -Street Design Guidelines and Bicycle Network Plan. This proposal will build on the completed efforts of the existing AGN, offer a series of short-term recommendations to improve the quality of bicycle facilities, create Street Design Guidelines, develop a bikeway network plan based on the design guidelines developed, propose bicycle facilities to close the connectivity gaps in the AGN system, address location-based bicycle parking facilities, and provide City staff with the tools and flexibility to properly address neighborhood improvement projects in planning and preliminary stages of design development. Attachments: A: AGN Bicycle Facilities Map B: Atkins/Street Plans Proposal 1 -Street Design Guidelines C: Atkins/Street Plans Proposal 2 -Street Design Guidelines and Bicycle Network Plan D: Atkins/Street Plans Proposal 3 -Bicycle Master Plan F:\WORK\$ALL\(1) EMPLOYEE FOLDERS\Jose R. Gonzalez\Commission Memos 422 Legend Bikeway Type UDKIIJI: Bike Lane ----BikePath -BikeRoute ==== Sharrows Status =Existing In Construction -Proposed Attachment A Bike Facilities Map Attachment B Updated 06/27/2013 BICYCLE PLANNING SERVICES FOR MIAMI BEACH Proposal1-Street Design Guidelines Per our ongoing conversations with city staff we have outlined three proposals for bicycle planning services for the City assuming three different budget requirements. Our first proposal is detailed in the paragraphs below. The scope of this effort involves the creation of Street Design Guidelines for the city staff and the public to use in future analysis of street construction and repaving projects. This document will detail a series of typical Right-of-Way conditions found in the city, along with typical bicycle facilities that can be adapted to these conditions. This proposal envisions a limited public involvement process (one informational meeting), no use of the existing website, and minor consultation on policy, bicycle parking, and future funding and implementation. This proposal also includes minor analysis of the existing AGN plan. This proposal will not deliver a complete master plan, but simply provide a high level analysis given what has been accomplished under the existing 2007 AGN. Atkins will work closely with StreetPians as a subconsultant. We envision the process taking about 1 year to complete starting Summer 2013. The following is a list of the general tasks anticipated for this effort as discussed with the City of Miami Beach staff: Task 1-Public Involvement Program Task 4-Street Design Guidelines Task 5-Bicycle Network Plan (Gap Analysis) Task 6-Bicycle Parking Plan Task 7 -Education, Encouragement, Enforcement, and Evaluation Policy Plan Task 8-Funding & Implementation Plan Task 9-Final Design Guidelines and Network Plan Production Task 10-Project Updates and Interagency Coordination Task 11-Bike/Pedestrian Transit Interface Plan Task 1: Public Involvement Program -Public Workshops One Public Meeting is envisioned as part of this effort. The meeting may include a review of the Consultant Team's Phase 1 + 2 findings, the distribution of a paper-based survey of how attendees feel about bicycling in Miami Beach (data will be entered into the online survey following the meetings), and include an interactive mapping session so that attendees may submit suggestions, ask questions, and offer their concerns and criticism. The Consultant team will utilize this input to further develop and refine recommendations tailored to each neighborhood, as well as to target areas of specific concern. Comments and input will be integrated into the final Master Plan document. The City of Miami Beach will be responsible for outreach and organizing the meeting. 1 424 Website: Updates, Content Generation, Web Survey and Public Input Tracking NOT INCLUDED IN THIS SCOPE/ BUDGET Task 2: Data Collection NOT INCLUDED IN THIS SCOPE/ BUDGET Task 3: Existing Capital Improvement Plan Review and Option Development NOT INCLUDED IN THIS SCOPE/ BUDGET Task 4: Street Design Guide Following Task 1-3, the Consultant Team will develop a Street Design Guide. This document will guide city staff in proposing bicycle improvements for typical street section types around the city. The Guide will include a full range of bicycle (and possibly pedestrian) facilities, traffic calming measures, and intersection treatments including (but not limited to): • On-Street Bicycle Lanes (conventional, buffered, advisory etc.) • Protected On-Street Bicycle Lanes (cycle tracks etc.) • Neighborhood Greenways (bike boulevards) • Shared Use Paths • Shared Use Lane Markings • Crosswalks • Pedestrian refuge islands • Curb extensions For the purposes of this proposal we have budgeted for 15 different intersection and street section types for inclusion in the document. The task will entail drafting the existing conditions and calibrating each typical street width and intersection type (50', 100' ... etc) for different bicycle and pedestrian facilities. This proposal assumes that staff will be able to use this document for planning future facilities. Deliverable •A stand-alone' Street Design Guide' document. Task 5: Bicycle Network Plan (Gap Analysis) Under this proposal, Street Plans will offer limited planning analysis regarding the existing AGN. Gaps in the network will be identified, but not all conditions will be studied. This effort will rely mainly on studying the existing AGN and offering improvements up to the limit prescribed by the budget. This proposal will scratch the surface with regard to implementing a connected bicycle network. As part of this analysis, the Consultant Team will identify specific physical barriers and solutions for a few challenging conditions. Projects/recommendations may include: • Closing bicycle network gaps 425 2 • Improvements/repairs to signalized intersections • Lowering posted and actual vehicular speeds • Improved open space connections • Improved public transportation options/integration • Improved wayfinding amenities This bicycle network analysis will recommend a tapestry of context-appropriate bicycle facility types that sync with the Street Sections from Task 4. The intent of this analysis is to connect schools, transit, employment centers, residential, and recreational land uses through routes that are comfortable for a wide variety of users. Deliverable: •High-quality, visually attractive maps that show the existing & proposed street bicycle network. Task 6: Bicycle Parking Plan While bikeways are the most visible element within a bicycle network, bicyclists must also have safe and convenient places to store their bicycles for both short-and long-term periods. Bicycle parking facilities are currently found across Miami Beach, especially at schools, civic buildings, and some commercial shopping areas. However, the quality of these end-of-trip facilities varies greatly, and the quantity provided often needs calibration-some locations have too little bike parking, while others have too much. There exists a need to "right-size" the City's approach to bicycle parking, and ensure that types and locations are standardized to provide the highest level of quality and service. Accomplishing this requires that this component of the bicycle plan effort build from the City of Miami Beach's existing bicycle parking provision efforts to develop bicycle parking guidance that recognizes the two basic types of bicycle parking facilities (short-term and long-term) and the different land uses to which they should be allocated. At present, no such distinction is made within the City's bicycle parking regulations, which is detrimental to meeting the needs of various types of cyclists and the multiplicity of trip types (commuting, errands, recreational etc.) This effort will analyze current areas of need and policy as found in the zoning code, or other policies, and provide overall areas of need and policy improvements Deliverables: • Bicycle parking ordinance review and update recommendations • Existing and proposed bicycle parking supply/need map (mapped by neighborhood) Task 7: Education, Encouragement, Enforcement, and Evaluation Policy Plan While safe, attractive bicycle infrastructure -the hardware-is critical to increasing bicycle use, education, enforcement, and evaluation of policies and programs-the software-must also be considered if Miami Beach is to become more bicycle-friendly. Indeed, expanding the appeal of cycling and walking in Miami Beach will require the utilization of numerous strategies. These include, but are not limited to, organizing bicycling skills courses, launching motorist and bicyclist/pedestrian safety campaigns, promoting the benefits of bicycling and walking wherever possible, supporting local bicycle- pedestrian events, enforcing existing motor vehicle-bicyclist-pedestrian laws, and utilizing communication strategies that position bicycling and walking as a viable option. 3 426 When education, encouragement, and enforcement campaigns are crafted, great care should be taken to appeal to cyclists and non-cyclists alike. Too often such campaigns unintentionally reinforce the widely held belief that bicycling is, and will always be, a marginal activity reserved for children, the poor, and athletic, risk-adverse men. By contrast, truly successful efforts position cycling and walking as normal modes oftransportation that do not require expensive equipment, extreme travel patterns, and/or spandex outfits. While the City of Miami Beach should take the lead on local bicycle safety issues, most education, encouragement, enforcement, and evaluation efforts require regional cooperation. Brochures, and other media messages, for example, may be produced in greater quantities and at a lower unit cost when done in partnership with neighboring municipalities or regional governmental agencies, such as FDOT and or Miami-Dade County. Finally, if the City of Miami Beach seeks to become a League of American Bicyclists designated Bicycle-Friendly Community, then it will need to demonstrate competency across the four "E's." Deliverables: • Education, Encouragement, Enforcement, and Evaluation policy recommendations, to be incorporated into the final Update Plan based on the existing local, county, and state policy analysis. Task 8: Funding and Implementation Plan The success of any plan recommendation depends on its ability to be funded. Street Plans will work with Atkins to develop an implementation plan that includes cost estimates and identifies potential funding sources such as Congestion Mitigation and Air Quality (CMAQ), Surface Transportation Program (STP), local, regional, and state funds. To perform cost analysis, the Consultant team will reference data accessible to the public such as FDOT construction and maintenance average unit prices, information obtained through interviews with coordinating agencies, as well as estimates supplied by local businesses where applicable. In order to advance the Plan's recommendations, the Consultant team will develop a matrix summarizing the prioritized improvements, a general timeframe for completion classified as immediate, short, or long-term, and associated costs, sources of funding, next steps and department/agency partners. Deliverable: • Funding Recommendations & Implementation Matrix Recommendations included in the final Report. Task 9: Final Street Design Guidelines and Network Plan Production The final document of the Bike Miami Beach effort will provide Miami Beach decision-makers with a clear, concise, and attractive report summarizing all ofthe recommendations and analysis from the 10 previous tasks, and phase 1. The Street Design Guide will include all aspects of the scope detailed here, in addition to its main content. The Consultant team will aggregate information from the team's planning process into a draft sections for the Plan Update. Street Plans will draft the report and Atkins will provide review and QA/QC. The draft document will be presented to the City of Miami Beach, and any other key stakeholders for review. 4 427 The Consultant team will integrate input to produce final Guide. The Consultant team will provide all drawings and illustrations in an agreed upon format that will be legible and easily reproducible by the City of Miami Beach and can easily be scaled down for inclusion in the final Plan Update. All content will be provided to the City of Miami Beach in a digital format. De live rabies: • Draft and final text and graphics for Miami Beach Bicycle Master Plan Update in appropriate format. Task 10: Project Updates and Interagency Coordination Throughout the life of the project Street Plans will be diligent in working with Miami Beach staff to schedule and coordinate the work. During the project initiation phase, Street Plans will meet with staff to further refine our understanding of project goals, to finalize project methodology, and to finalize the project timeline and work schedule. Street Plans will initiate contact with other departments and local and regional bicycle committees to open communication channels with all departments and organizations that have a stake in project outcomes. In support of this effort, the Consultant team will provide the City of Miami Beach with monthly written status updates on the team's milestone completion progress and budget status. The status updates will include information about what task(s) the team is working on, the percentage of that task completed, the number of hours completed per person broken down by task, and any other budget expenditures, such as for overhead and travel expenses. Finally, the Consultant team will also meet with the City's project team, political leaders, and other city, county, and state stakeholders throughout the planning process on an as needed basis. Deliverables: • Street Plans to send monthly status updates to the City and Atkins via e-mail. • Consultant team will prepare any agendas, notes, and meeting minutes associated with interagency coordination efforts, and attend important committee meetings, and city commission meetings. Task 11: Bike/Pedestrian Transit Interface Plan NOT INCLUDED IN THIS SCOPE/ BUDGET 428 5 MIAMI BEACH BICYCLE MASTER PLAN -PRO.IECT BUDGET 429 Attachment C Updated 06/27/2013 BICYCLE PLANNING SERVICES FOR MIAMI BEACH Proposal 2-Street Design Guidelines & Bicycle Network Plan Our second proposal builds on the deliverables described in the first proposal while adding a basic bicycle plan component to the process. In addition to the Street Design Guide, the Project Team will study the existing Atlantic Greenways Network Plan and Capital Improvement Projects currently in planning and make suggestions to improve their functionality & connectivity with regard to bicycles. These suggestions will be tied to the Street Design Guide. This proposal envisions a full public process, with two public meetings, use of the existing website, as-needed data collection in the form of bike/traffic counts, and consultation on policy, bicycle parking, and future funding and implementation. Atkins will work closely with StreetPians as a subconsultant. We envision the process taking about 1 year to complete starting Summer 2013. The following is a list of the general tasks anticipated for this effort as discussed with the City of Miami Beach staff: Task 1-Public Involvement Program Task 2 -Data Collection Task 3-Existing Capital Improvement Plan Review and Option Development Task 4-Street Design Guidelines Task 5 -Bicycle Network Plan Task 6-Bicycle Parking Plan Task 7-Education, Encouragement, Enforcement, and Evaluation Policy Plan Task 8-Funding, Maintenance, and Implementation Plan Task 9-Final Street Design Guidelines and Network Plan Production Task 10-Project Updates and Interagency Coordination Task 11-Bike/Pedestrian Transit Interface Plan Task 1: Public Involvement Program The Consultant Team will work with the City of Miami Beach to advance the public and stakeholder involvement program established in Phase 1 and 2. These efforts will target key stakeholders (residents, visitors, elected officials, public transit agencies; local alternative transportation advocacy groups; employment centers; business owners and other educational, religious, and civic institutions). The Consultant Team will use a variety of methods to reach the greater Miami Beach community, especially those unable to participate in the previous and future series of scheduled public workshops. These include public workshops, a strong web presence, key stakeholder interviews, and developing a Bike- Walk Miami Beach Community Profile. Public Workshops Building from the previous two workshops, the Consultant Team will develop and facilitate up to two (2) additional public meetings designed to engage City staff members, representatives from local 1 430 jurisdictions, and citizen-stakeholders. The meetings may include a review ofthe Consultant Team's Phase 1 + 2 findings, the distribution of a paper-based survey of how attendees feel about bicycling in Miami Beach (data will be entered into the online survey following the meetings), and include an interactive mapping session so that attendees may submit suggestions, ask questions, and offer their concerns and criticism. The Consultant team will utilize this input to further develop and refine recommendations tailored to each neighborhood, as well as to target areas of specific concern. Comments and input will be integrated into the final Master Plan document. The City of Miami Beach will be responsible for outreach and organizing the Summit meetings. Website: Updates, Content Generation, Web Survey and Public Input Tracking To reinforce the public process, continue branding the planning effort, and to obtain valuable public input throughout the planning process, the sub-consultant will maintain and update the Bike Miami Beach Plan website throughout the planning process. The site's web traffic, existing public input mapping tool comments, and web-based SurveyMonkey results will be monitored closely and continually feed into the development of the Bike Miami Beach Plan. Relevant comments, project info, and data collected will be shared with the project planning team and integrated into the final Bike Miami Beach Master Plan document (Task 10). Deliverables •The Consultant Team will discuss all materials and processes to be used in workshop prior to the workshop events, including drafting the agenda. •The Consultant Team will provide a summary of workshops and, together with web-based survey and commentary feedback, to be summarized & integrated into the final Bike Miami Beach Report. Task 2: Data Collection and Analysis Conducting bicycle and pedestrian counts at key locations and time of day will allow the City of Miami Beach to understand patterns of use and general estimates of bicycling and walking mode share for each selected area. At the same time, conducting automobile traffic counts at particular locations will give us important parameters to take into consideration when deciding bicycle facility type and routes. Count locations and will be conducted in coordination with City of Miami Beach staff and be methodologically consistent with the standards set forth by the National Biking and Walking Documentation Project. Atkins will be responsible for traffic counts along coordinated routes where bicycle improvements are envisioned. Counts included in this proposal will be billed at $500/count location on an as-needed basis, staff to authorize counts. Each count shall include counts at three times of day at the same location for bike/ped counts. Ununsed funds of this item as of the 50% completion of Task 5, shall be free to augment other sections of the report that may require additional attention. Deliverables •Count location map and data. Task 3: Existing Capital Improvement Plan Review and Option Development-3 months 2 431 The Consultant Team will review, provide comments, and develop a series of design recommendations regarding current capital improvement plans that are in planning and early design. No projects that are currently in construction will be studied as part of this effort. Projects to include, but not be limited to: Alton Road North of Washington Avenue, West Avenue, Flamingo Neighborhood, etc. The Consultant Team will synthesize this material and issue a memo detailing the analysis for each ROW along with Street Sections that prescribe physical design recommendations. Deliverable • Findings from the analysis will be used to develop a memo detailing recommendations on how the city's ongoing Capital Improvements plans can address cyclist safety in the city. To be included in final report. Exact number of projects analyzed to be determined by hourly estimate. Task 4: Street Design Guide Following Task 1-3, the Consultant Team will develop a Street Design Guide. This document will guide city staff in proposing bicycle improvements for typical street section types around the city. The Guide will include a full range of bicycle facilities, traffic calming measures, and intersection treatments including (but not limited to): • On-Street Bicycle Lanes (conventional, buffered, advisory etc.) • Protected On-Street Bicycle Lanes (cycle tracks etc.) • Neighborhood Greenways (bike boulevards) • Shared Use Paths • Shared Use Lane Markings • Sidewalks • Crosswalks • Pedestrian refuge islands • Curb extensions For the purposes of this proposal we have budgeted for 15 different intersection and street section types for inclusion in the document. The task will entail drafting the existing conditions and calibrating each typical street width and intersection type (50', 100' ... etc) for different bicycle and pedestrian facilities. These drawings will be central to the master plan, but can stand on their own. Deliverable •A Street Design Guide. The Guide will be keyed to the Master Plan and will used to inform the improvements laid out in the Bike Miami Beach Network Plan. Task 5: Bicycle Network Plan Under this proposal, Street Plans will offer a more intense bicycle plan analysis. Building on the completed efforts of the existing Atlantic Greenway Network Plan, Street Plans will offer a series of short-term recommendations to improve the quality of bicycle facilities. Projects/recommendations may include: • Closing bicycle network gaps 3 432 • Improvements/repairs to signalized intersections • Lowering posted and actual vehicular speeds • Improved open space connections • Improved public transportation options/integration • Adding/improving bicycle parking • Improved wayfinding amenities This plan will pay special attention to context-sensitive facilities to attract more vulnerable and risk- averse populations so that active transportation can continue to play a key role in advancing Miami Beach's role as a bicycle friendly city. Street Plans will use the completed literature and existing plan review, Handlebar Survey, Street Sections, data counts, and meetings with staff, citizens, and stakeholders, to draft a Bicycle Network Plan. All recommendations will consider on-and off-street connections, and integrate Miami Beach's existing and planned transportation infrastructure improvements, especially as they related to bicycle mobility. As part of the network analysis, the Consultant Team will identify specific physical barriers that may need to be overcome to make some ofthe on-street and off-street connections comfortable for users. In determining which type should be applied to each route designation, the Consultant team will use its expertise, and client and public input to analyze multiple factors including, but not limited to: • Street width • Traffic Volume • Traffic Speed (Limit and Actual) • Street Type (residential, commercial, etc.) • The Destination(s) served by each route • Connections to transit The bikeway network plans will recommend a tapestry of context-appropriate bikeway and pedestrian facility types that sync with the Street Sections from Task 4. The intent of the network plans is to connect schools, transit, employment centers, residential, and recreational land uses through routes that are comfortable for a wide variety of users. Scope of analysis to be determined by hourly estimate. Deliverable: •High-quality, visually attractive maps that show the existing & proposed street bicycle network. Task 6: Bicycle Parking Plan While bikeways are the most visible element within a bicycle network, bicyclists must also have safe and convenient places to store their bicycles for both short-and long-term periods. Bicycle parking facilities are currently found across Miami Beach, especially at schools, civic buildings, and some commercial shopping areas. However, the quality of these end-of-trip facilities varies greatly, and the quantity provided often needs calibration-some locations have too little bike parking, while others have too much. There exists a need to "right-size" the City's approach to bicycle parking, and ensure that types and locations are standardized to provide the highest level of quality and service. Accomplishing this requires that this Plan update effort build from the City of Miami Beach's existing bicycle parking provision efforts to develop bicycle parking guidance that recognizes the two basic types of bicycle 4 433 parking facilities (short-term and long-term) and the different land uses to which they should be allocated. At present, no such distinction is made within the City's bicycle parking regulations, which is detrimental to meeting the needs of various types of cyclists and the multiplicity of trip types (commuting, errands, recreational etc.) Under this proposal a more intense effort is made to enhance the city's bikeway network by providing more location-based information on where more bicycle parking is needed most. This will include a master plan which will include locations for bicycle parking. This plan will also include possible long-term parking facility types, such as a signature bicycle station facility, and in-street bicycle corrals that can be used to provide bicycle parking in high-demand locations without taking up limited sidewalk space. Deliverables: • Bicycle parking ordinance review and update recommendations • Location specific bicycle parking plan recommendations (mapped by neighborhood) • Bicycle parking performance standard recommendations for short and long-term parking, including bicycle station, public art racks and in-street bicycle parking corrals Task 7: Education, Encouragement, Enforcement, and Evaluation Policy Plan While safe, attractive bicycle infrastructure -the hardware-is critical to increasing bicycle use, education, enforcement, and evaluation of policies and programs-the software-must also be considered if Miami Beach is to become more bicycle-friendly. Indeed, expanding the appeal of cycling and walking in Miami Beach will require the utilization of numerous strategies. These include, but are not limited to, organizing bicycling skills courses, launching motorist and bicyclist/pedestrian safety campaigns, promoting the benefits of bicycling and walking wherever possible, supporting local bicycle- pedestrian events, enforcing existing motor vehicle-bicyclist-pedestrian laws, and utilizing communication strategies that position bicycling and walking as a viable option. When education, encouragement, and enforcement campaigns are crafted, great care should be taken to appeal to cyclists and non-cyclists alike. Too often such campaigns unintentionally reinforce the widely held belief that bicycling is, and will always be, a marginal activity reserved for children, the poor, and athletic, risk-adverse men. By contrast, truly successful efforts position cycling and walking as normal modes of transportation that do not require expensive equipment, extreme travel patterns, and/or spandex outfits. While the City of Miami Beach should take the lead on local bicycle safety issues, most education, encouragement, enforcement, and evaluation efforts require regional cooperation. Brochures, and other media messages, for example, may be produced in greater quantities and at a lower unit cost when done in partnership with neighboring municipalities or regional governmental agencies, such as FDOT and or Miami-Dade County. Finally, if the City of Miami Beach seeks to become a League of American Bicyclists designated Bicycle-Friendly Community, then it will need to demonstrate competency across the four "E's." Deliverables: • Education, Encouragement, Enforcement, and Evaluation policy recommendations, to be incorporated into the final Update Plan based on the existing local, county, and state policy analysis. 434 5 Task 8: Funding, Maintenance, and Implementation Plan The success of any plan recommendation depends on its ability to be funded. Street Plans will work with Atkins to develop an implementation plan that includes cost estimates and identifies potential funding sources such as Congestion Mitigation and Air Quality (CMAQ), Surface Transportation Program (STP), local, regional, and state funds. To perform cost analysis, the Consultant team will reference data accessible to the public such as FOOT construction and maintenance average unit prices, information obtained through interviews with coordinating agencies, as well as estimates supplied by local businesses where applicable. After bicycle and pedestrian infrastructure has been constructed, it is imperative that it continues to be maintained. This proposal will include a number of recommendations to keep the new infrastructure attractive and operating safely at a high level. The goal of this task will be to maximize the life of all bicycle and pedestrian infrastructure projects. Recommendations will include construction materials and equipment, service and preventative maintenance programs, and identifying methods with which to pay for the maintenance so that the quality of infrastructure is maintained. In order to advance the Plan's recommendations, the Consultant team will develop a matrix summarizing the prioritized improvements, a general timeframe for completion classified as immediate, short, or long-term, and associated costs, sources of funding, next steps & department/agency partners. Deliverable: • Funding, Maintenance, and Implementation Recommendations, to be included in report. Task 9: Final Street Design Guide and Network Plan Production The final document of the Bike Miami Beach effort will provide Miami Beach decision-makers with a clear, concise, and attractive report summarizing all of the recommendations and analysis from the 10 previous tasks, and phase 1. The Street Design Guide will include all aspects of the scope detailed here, in addition to its main content. The Consultant team will aggregate information from the team's planning process into a draft sections for the Plan Update. Street Plans will draft the report and Atkins will provide review and QA/QC. The draft document will be presented to the City of Miami Beach, and any other key stakeholders for review. The Consultant team will integrate input to produce final Guide. The Consultant team will provide all drawings and illustrations in an agreed upon format that will be legible and easily reproducible by the City of Miami Beach and can easily be scaled down for inclusion in the final Plan Update. All content will be provided to the City of Miami Beach in a digital format. Deliverables: • Draft and final text and graphics for Miami Beach Bicycle Master Plan Update in appropriate format. Task 10: Project Updates and Interagency Coordination Throughout the life of the project Street Plans will be diligent in working with Miami Beach staff to 6 435 schedule and coordinate the work. During the project initiation phase, Street Plans will meet with staff to further refine our understanding of project goals, to finalize project methodology, and to finalize the project timeline and work schedule. Street Plans will also initiate contact with other departments and local and regional bicycle committees to open communication channels with all departments and organizations that have a stake in project outcomes. In support of this effort, the Consultant team will provide the City of Miami Beach with monthly written status updates on the team's milestone completion progress and budget status. The status updates will include information about what task(s) the team is working on, the percentage of that task completed, the number of hours completed per person broken down by task, and any other budget expenditures, such as for overhead and travel expenses. Finally, the Consultant team will also meet with the City's project team, political leaders, and other city, county, and state stakeholders throughout the planning process on an as needed basis. Deliverables: • Street Plans to send monthly status updates to the City and Atkins via e-mail. • Consultant team will prepare any agendas, notes, and meeting minutes necessary with interagency coordination efforts, and attend important committee and city commission meetings. Task 11: Bike/Pedestrian Transit Interface Plan NOT INCLUDED IN THIS SCOPE/ BUDGET 436 7 MIAMI BEACH BICYCLE MASTER PLAN -PROJECT BUDGET 437 Attachment D Updated 06/27/2013 BICYCLE PLANNING SERVICES FOR MIAMI BEACH Proposal 3-Bicycle Master Plan Our third proposal is the most intense effort we can suggest which consist on developing the full city- wide bicycle master plan. This effort would include the Street Design Guide, as well as a full public involvement program, bicycle master plan, and street design guide. We envision the ultimate deliverable to be a document that includes the work product from all three phases that represents community consensus and which serves as a guide for multi-modal street improvements as they are scheduled by the City, County, and State. The Plan will be keyed into the design guidelines, and give city staff the tools they need to implement the projects now and into the coming decades. Atkins will work closely with StreetPians as a subconsultant with significant experience and expertise in bicycle master planning. We envision the process taking about 12-15 months to complete starting Summer 2013. The following is a list of the general tasks anticipated for this effort as discussed with the City of Miami Beach staff: Task 1-Public Involvement Program Task 2-Data Collection Task 3-Existing Capital Improvement Plan Review and Option Development Task 4-Street Design Guidelines Task 5 -Bicycle Master Plan Task 6-Bicycle Parking Plan Task 7-Education, Encouragement, Enforcement, and Evaluation Policy Plan Task 8-Funding, Maintenance, and Implementation Plan Task 9-Final Street Design Guidelines and Master Plan Report Production Task 10-Project Updates and Interagency Coordination Task 11-Bike/Pedestrian Transit Interface Plan Task 1: Public Involvement Program The Consultant Team will work with the City of Miami Beach to advance the public and stakeholder involvement program established in Phase 1 and 2. These efforts will target key stakeholders (residents, visitors, elected officials, public transit agencies; local alternative transportation advocacy groups; employment centers; business owners and other educational, religious, and civic institutions). The Consultant Team will use a variety of methods to reach the greater Miami Beach community, especially those unable to participate in the previous and future series of scheduled public workshops. These include public workshops, a strong web presence, key stakeholder interviews, and developing a Bike- Walk Miami Beach Community Profile. Public Workshops Building from the previous two workshops, the Consultant Team will develop and facilitate up to two (2) additional public meetings designed to engage City staff members, representatives from local 1 438 jurisdictions, and citizen-stakeholders. The meetings may include a review of the Consultant Team's Phase 1 + 2 findings, the distribution of a paper-based survey of how attendees feel about bicycling in Miami Beach (data will be entered into the online survey following the meetings), and include an interactive mapping session so that attendees may submit suggestions, ask questions, and offer their concerns and criticism. The Consultant team will utilize this input to further develop and refine recommendations tailored to each neighborhood, as well as to target areas of specific concern. Comments and input will be integrated into the final Master Plan document. The City of Miami Beach will be responsible for outreach and organizing the Summit meetings. Website: Updates, Content Generation, Web Survey and Public Input Tracking To reinforce the public process, continue branding the planning effort, and to obtain valuable public input throughout the planning process, the sub-consultant will maintain and update the Bike Miami Beach Plan website throughout the planning process. The site's web traffic, existing public input mapping tool comments, and web-based SurveyMonkey results will be monitored closely and continually feed into the development of the Bike Miami Beach Plan. Relevant comments, project info, and data collected will be shared with the project planning team and integrated into the final Bike Miami Beach Master Plan document (Task 10). Deliverables •The Consultant Team will discuss all materials and processes to be used in workshop prior to the workshop events, including drafting the agenda. •The Consultant Team will provide a summary of workshops and, together with web-based survey and commentary feedback, to be summarized & integrated into the final Bike Miami Beach Report. Task 2: Data Collection and Analysis Conducting bicycle and pedestrian counts at key locations and time of day will allow the City of Miami Beach to understand patterns of use and general estimates of bicycling and walking mode share for each selected area. At the same time, conducting automobile traffic counts at particular locations will give us important parameters to take into consideration when deciding bicycle facility type and routes. Count locations and will be conducted in coordination with City of Miami Beach staff and be methodologically consistent with the standards set forth by the National Biking and Walking Documentation Project. Atkins will be responsible for traffic counts along coordinated routes where bicycle improvements are envisioned. Counts included in this proposal will be billed at $500/count location on an as-needed basis, staff to authorize counts. Each count shall include counts at three times of day at the same location for bike/ped counts. Ununsed funds ofthis item as ofthe 50% completion of Task 5, shall be free to augment other sections ofthe report that may require additional attention. De live rabies •Count location map and data. Task 3: Existing Capital Improvement Plan Review and Option Development-3 months 2 439 The Consultant Team will review, provide comments, and develop a series of design recommendations regarding current capital improvement plans that are in planning and early design. Projects that are currently in construction will be studied as part of this effort and two types of recommendation will be provided. The Consultant Team will provide short term recommendations (recommendations that do not require change in typical section and can be implemented with low cost) and long term recommendations (recommendations that require a more invasive engineering and construction process and will affect current typical section). The Consultant Team will synthesize this material and issue a memo detailing the analysis for each roadway with Street Sections that prescribe physical design recommendations. Deliverable • Findings from the analysis will be used to develop a memo detailing recommendations on how the city's ongoing Capital Improvements plans can address cyclist safety in the city. To be included in final report. Exact number of projects analyzed to be determined by hourly estimate. Task 4: Street Design Guide Following Task 1-3, the Consultant Team will develop a Street Design Guide. This document will guide city staff in proposing bicycle improvements for typical street section types around the city. The Guide will include a full range of bicycle (and possibly pedestrian) facilities, traffic calming measures, and intersection treatments including (but not limited to): • On-Street Bicycle Lanes (conventional, buffered, advisory etc.) • Protected On-Street Bicycle Lanes (cycle tracks etc.) • Neighborhood Greenways (bike boulevards) • Shared Use Paths • Shared Use Lane Markings • Sidewalks • Pedestrian refuge islands • Curb extensions For the purposes of this proposal we have budgeted for 15 different intersection and street section types for inclusion in the document. The task will entail drafting the existing conditions and calibrating each typical street width and intersection type (SO', lOO' ... etc) for different bicycle and pedestrian facilities. These drawings will be central to the master plan, but can stand on their own. Proposal! assumes that staff will use the document with no additional assistance for planning future facilities, while Proposals 2 and 3 envision the project team, together with staff, using the Street Design Guide to create a master plan for the city. Deliverable •A Street Design Guide. The Guide will be keyed to the Master Plan and will used to inform the improvements laid out in the Bike Miami Beach Network Plan. Task 5: Bicycle Master Plan Proposal 3 envisions a full bicycle master plan for the city that will prescribe the full range of bicycle 3 440 facility types. This plan will pay special attention to context-sensitive facilities to attract more vulnerable and risk-averse populations so that active transportation can continue to play a key role in advancing Miami Beach's role as a bicycle friendly city. Street Plans will use the completed literature and existing plan review, Handlebar Survey, Street Sections, data counts, and meetings with staff, citizens, and stakeholders, to draft a Bicycle Network Plan. All recommendations will consider on-and off-street connections, and integrate Miami Beach's existing and planned transportation infrastructure improvements, especially as they related to bicycle mobility. Under this proposal, Atkins will provide traffic analysis on the proposed network. Projects/recommendations may include: • Closing bicycle network gaps • Improvements/repairs to signalized intersections • Lowering posted and actual vehicular speeds • Improved open space connections • Improved public transportation options/integration • Improved wayfinding amenities As part of the network analysis, the Consultant Team will identify specific physical barriers that may need to be overcome to make some ofthe on-street and off-street connections comfortable for users. In determining which type should be applied to each route designation, the Consultant team will use its expertise, and client and public input to analyze multiple factors including, but not limited to: • Street width • Traffic Volume • Traffic Speed (Limit and Actual) • Street Type (residential, commercial, etc.) • The Destination(s) served by each route • Land Use • Connections to transit The bikeway network plans will recommend a tapestry of context-appropriate bikeway and pedestrian facility types that sync with the Street Sections from Task 4. The intent of the master plan plans is to connect schools, transit, employment centers, residential, and recreational land uses through routes that are comfortable for a wide variety of users. Deliverable: • High-quality, visually attractive maps that show the existing & proposed street bicycle master plan. Task 6: Bicycle Parking Plan While bikeways are the most visible element within a bicycle network, bicyclists must also have safe and convenient places to store their bicycles for both short-and long-term periods. Bicycle parking facilities are currently found across Miami Beach, especially at schools, civic buildings, and some commercial shopping areas. However, the quality of these end-of-trip facilities varies greatly, and the quantity provided often needs calibration-some locations have too little bike parking, while others have too much. There exists a need to "right-size" the City's approach to bicycle parking, and ensure that types 4 441 s and locations are standardized to provide the highest level of quality and service. Accomplishing this requires that this Plan update effort build from the City of Miami Beach's existing bicycle parking provision efforts to develop bicycle parking guidance that recognizes the two basic types of bicycle parking facilities (short-term and long-term) and the different land uses to which they should be allocated. At present, no such distinction is made within the City's bicycle parking regulations, which is detrimental to meeting the needs of various types of cyclists and the multiplicity of trip types (commuting, errands, recreational etc.) This effort includes a full bicycle parking master plan which will include specific locations for bicycle parking. This plan will also include long-term parking facility types, such as a signature bicycle station facility, and in-street bicycle corrals that can be used to provide bicycle parking in high-demand locations without taking up limited and valuable sidewalk space. Deliverables: • Bicycle parking ordinance review and update recommendations (All Proposals) • Location specific bicycle parking plan recommendations (mapped by neighborhood) • Bicycle parking performance standard recommendations for short and long-term parking, including bicycle station, public art racks and in-street bicycle parking corrals. Task 7: Education, Encouragement, Enforcement, and Evaluation Policy Plan While safe, attractive bicycle infrastructure -the hardware-is critical to increasing bicycle use, education, enforcement, and evaluation of policies and programs-the software-must also be considered if Miami Beach is to become more bicycle-friendly. Indeed, expanding the appeal of cycling and walking in Miami Beach will require the utilization of numerous strategies. These include, but are not limited to, organizing bicycling skills courses, launching motorist and bicyclist/pedestrian safety campaigns, promoting the benefits of bicycling and walking wherever possible, supporting local bicycle- pedestrian events, enforcing existing motor vehicle-bicyclist-pedestrian laws, and utilizing communication strategies that position bicycling and walking as a viable option. When education, encouragement, and enforcement campaigns are crafted, great care should be taken to appeal to cyclists and non-cyclists alike. Too often such campaigns unintentionally reinforce the widely held beliefthat bicycling is, and will always be, a marginal activity reserved for children, the poor, and athletic, risk-adverse men. By contrast, truly successful efforts position cycling and walking as normal modes of transportation that do not require expensive equipment, extreme travel patterns, and/or spandex outfits. While the City of Miami Beach should take the lead on local bicycle safety issues, most education, encouragement, enforcement, and evaluation efforts require regional cooperation. Brochures, and other media messages, for example, may be produced in greater quantities and at a lower unit cost when done in partnership with neighboring municipalities or regional governmental agencies, such as FDOT and or Miami-Dade County. Finally, if the City of Miami Beach seeks to become a League of American Bicyclists designated Bicycle-Friendly Community, then it will need to demonstrate competency across the four "E's." Deliverables: 442 5 • Education, Encouragement, Enforcement, and Evaluation policy recommendations, to be incorporated into the final Update Plan based on the existing local, county, and state policy analysis. Task 8: Funding, Maintenance, and Implementation Plan The success of any plan recommendation depends on its ability to be funded. Street Plans will work with Atkins to develop an implementation plan that includes cost estimates and identifies potential funding sources such as Congestion Mitigation and Air Quality (CMAQ), Surface Transportation Program (STP), local, regional, and state funds. To perform cost analysis, the Consultant team will reference data accessible to the public such as FDOT construction and maintenance average unit prices, information obtained through interviews with coordinating agencies, as well as estimates supplied by local businesses where applicable. After bicycle and pedestrian infrastructure has been constructed, it is imperative that it continues to be maintained. The Consultant team will provide a number of recommendations to keep the new infrastructure attractive and operating safely at a high level. The goal of this task will be to maximize the life of bicycle infrastructure projects. Recommendations will include construction materials and equipment, service and preventative maintenance programs, and identifying methods with which to pay for the maintenance so that the quality of infrastructure is maintained. In order to advance the Plan's recommendations, the Consultant team will develop a matrix summarizing the prioritized improvements, a general timeframe for completion classified as immediate, short, or long-term, and associated costs, sources of funding, next steps and department/agency partners. Deliverable: • Funding, Maintenance, and Implementation Recommendations, to be included in report. Task 9: Final Street Design Guidelines and Network Plan Production The final document of the Bike Miami Beach effort will provide Miami Beach decision-makers with a clear, concise, and attractive report summarizing all of the recommendations and analysis from the 10 previous tasks, and phase 1. The Street Design Guide will include all aspects ofthe scope detailed here, in addition to its main content. The Consultant team will aggregate information from the team's planning process into a draft sections for the Plan Update. Street Plans will draft the report and Atkins will provide review and QA/QC. The draft document will be presented to the City of Miami Beach, and any other key stakeholders for review. The Consultant team will integrate input to produce final Guide. The Consultant team will provide all drawings and illustrations in an agreed upon format that will be legible and easily reproducible by the City of Miami Beach and can easily be scaled down for inclusion in the final Plan Update. All content will be provided to the City of Miami Beach in a digital format. Deliverables: • Draft and final text and graphics for Miami Beach Bicycle Master Plan Update in appropriate format. 6 443 Task 10: Project Updates and Interagency Coordination Throughout the life of the project Street Plans will be diligent in working with Miami Beach staff to schedule and coordinate the work. During the project initiation phase, Street Plans will meet with staff to further refine our understanding of project goals, to finalize project methodology, and to finalize the project timeline and work schedule. Street Plans will initiate contact with other departments and local and regional bicycle committees to open communication channels with all departments and organizations that have a stake in project outcomes. In support of this effort, the Consultant team will provide the City of Miami Beach with monthly written status updates on the team's milestone completion progress and budget status. The status updates will include information about what task(s) the team is working on, the percentage of that task completed, the number of hours completed per person broken down by task, and any other budget expenditures, such as for overhead and travel expenses. Finally, the Consultant team will also meet with the City's project team, political leaders, and other city, county, and state stakeholders throughout the planning process on an as needed basis. Deliverables: • Street Plans to send monthly status updates to the City and Atkins via e-mail. • Consultant team will prepare any agendas, notes, and meeting minutes associated with interagency coordination efforts, and attend important committee meetings, and city commission meetings. Task 11: Bike/Pedestrian Transit Interface Plan Greater rates of public transportation use can be achieved by creating pleasant, complete bicycle and pedestrian routes to transit stops and along transit routes. In particular, focusing on bicycle connections to public transit allows any given city to reasonably extend the reach of their public transportation network by a factor of three-a comfortable bicycle riding pace covers three times the distance as walking with the same outlay of time. Thus, providing attractive bicycle parking or bicycle parking stations at transit stops and hubs, bike access on public transportation, and easy bike routes to transit stops encourages more people to use existing transportation resources. The Consultant team will work with the City, County, and State agencies, to identify all the key transit stops within the network by evaluating ridership/boarding data, the number of connections available to other transit modes and other transit lines, and the geographic location of the stop. After the key transit stops have been identified, the Consultant Team will evaluate the existing conditions at the station, including the number of bicycle parking spaces, bicycle and pedestrian connectivity to the transit stop, crosswalks, the stop area's available signage and wayfinding, and the existing interface between bicycling, walking and transit. The Consultant team will make specific recommendations about improving the relationship between bicycle/pedestrian and transit trips. The final report will include a suggested project priority list for transit interface improvements. Deliverables: • Analysis ofthe key transit locations to be enhanced with bicycle and pedestrian improvements. 444 7 • Additional guidelines to be included in the Street Design Guide for the bicycle/pedestrian and transit interface at transit stops in the City of Miami Beach. 445 8 MIAMI BEACH BICYClE MASTER PlAN -PROJECT BUDGET 446 RESOLUTION TO BE SUBMITTED 447 COMMISSION ITEM SUMMARY Condensed Title: Approve Assignment to Existing Agreements between the City and Corzo Castella Carballo Thompson Salman, P.A. "C3TS" as Assi nor, to Stantec Consultin Services Inc. as Assi nee Maximize efficient delivery of services 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." Item Summa /Recommendation: The City of Miami Beach entered into Professional Services Agreements with Corzo Castella Carballo Thompson Salman, P.A. ("C3TS") (Assignor), pursuant to the following three (3) solicitations: • Request for Qualifications (RFQ) No. 01-07/08, for the establishment of a pre-approved list of Professional Construction Engineering And Inspection (CEI) Firms to provide various CEI services on an "as-needed" basis; • RFQ No. 35-10/11, for a design criteria professional to prepare the design criteria package for the Palm and Hibiscus Neighborhood Right-of-Way Improvement Project, and • RFQ No. 04-11/12, for a design criteria professional to prepare the design criteria package for the Sunset Islands 3 & 4 Neighborhood Right-Of-Way Improvement Project. The City is also in current negotiations with the firm pursuant to RFQ No. 52-11/12, for Professional Construction Engineering And Inspection (CEI) firms to provide various CEI services on an "as-needed" basis. C3TS has notified the City that Stantec Consulting Services Inc. purchased the assets of C3TS with the result that the ongoing business and affairs of C3TS are now wholly owned by Stantec (see Attachment A). In its due diligence, the City requested Stantec to provide information on how the firm meets the minimum requirements for each of the agreements to be assigned (see Attachment B). Stantec's qualifications comply with the requirements of the relevant solicitation and are nearly identical to those proposed by C3TS at the time of their proposal reviews and awards. In addition, Stantec was asked to confirm whether it would agree to all terms and conditions for each agreement and that the same project team members proposed and approved by the City for each agreement are still in place (for the exception of one individual). Stantec also affirmed that it will comply with all terms and conditions presented in each agreement (see Attachment C). RECOMMENDATION Based on Stantec's confirmation letter, due diligence review by the Procurement Division and confirmation by the Office of Capital Improvement Projects (CIP) that C3TS I Stantec performance has been acceptable, the City Manager recommends to the Mayor and City Commission to adopt resolutions assigning Stantec Consulting Services, Inc. the agreements awarded to C3TS pursuant to Requests for Qualifications 01-07/08, 35-10/11, 04-11/12, and RFQ 52-11/12 upon successful ne otiations. Advisory Board Recommendation: IN/A Financial Information: Source of Funds: Amount 1 N/A OBPI MIAMI BEACH 448 Account AGENDA ITEM _C_.:...if_fA._:.__ DATE 7-17-(3 !\ '~ jt'\ f\ I~ I BE· AC v \ r'"\ I v \ .. · ,_ · City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M bers of the.tPity Commission l \ FROM: Jimmy L. Morales, City Manager DATE: July17,2013 ( SUBJECT: APPROVE ASSIGNMENT TO E ISTING AGREEMENTS BETWEEN THE CITY AND CORZO CASTELLA CAR ALLO THOMPSON SALMAN, P.A. ("C3TS") (AS ASSIGNOR), TO STANTEC CONSULTING SERVICES INC. (AS ASSIGNEE): 1. A RESOLUTION APPROVING AN ASSIGNMENT TO THE EXISTING AGREEMENT FOR THE ESTABLISHMENT OF A PRE-APPROVED LIST OF PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN "AS NEEDED" BASIS (NO. 01-07/08) BETWEEN THE CITY AND CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. ("C3TS") (AS ASSIGNOR), TO STANTEC CONSULTING SERVICES INC. (AS ASSIGNEE), RETROACTIVELY DATED NOVEMBER 30,2013. 2. A RESOLUTION APPROVING AN ASSIGNMENT TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT FOR A DESIGN CRITERIA PROFESSIONAL TO PREPARE THE DESIGN CRITERIA PACKAGE FOR THE PALM AND HIBISCUS NEIGHBORHOOD RIGHT-OF-WAY IMPROVEMENT PROJECT (RFQ 35-10/11) BETWEEN THE CITY AND CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. ("C3TS") (AS ASSIGNOR), TO STANTEC CONSULTING SERVICES INC. (AS ASSIGNEE), RETROACTIVELY DATED NOVEMBER 30,2013. 3. A RESOLUTION APPROVING AN ASSIGNMENT TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT FOR A DESIGN CRITERIA PROFESSIONAL TO PREPARE THE DESIGN CRITERIA PACKAGE FOR THE SUNSET ISLANDS 3 & 4 NEIGHBORHOOD RIGHT-OF-WAY IMPROVEMENT PROJECT (NO. 04-11/12) BETWEEN THE CITY AND CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. ("C3TS") (AS ASSIGNOR), TO STANTEC CONSULTING SERVICES INC. (AS ASSIGNEE), RETROACTIVELY DATED NOVEMBER 30,2013. 4. A RESOLUTION APPROVING AN ASSIGNMENT TO THE EXISTING AGREEMENT FOR PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN "AS NEEDED" BASIS (NO. 52-11/12) BETWEEN THE CITY AND CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. ("C3TS") (AS ASSIGNOR), TO STANTEC CONSULTING SERVICES INC. (AS ASSIGNEE), UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. 449 Commission Memorandum -Consent to Assignment C3TS to Stantec July 17, 2013 Page 2 of 2 KEY INTENDED OUTCOME SUPPORTED Ensure Well-Designed, Quality Capital Projects. ANALYSIS The City of Miami Beach entered into Professional Services Agreements with Corzo Castella Carballo Thompson Salman, P.A. ("C3TS") (Assignor), pursuant to the following three (3) solicitations: • Request for Qualifications (RFQ) No. 01-07/08, for the establishment of a pre- approved list of Professional Construction Engineering And Inspection (CEI) Firms to provide various CEI services on an "as-needed" basis; • RFQ No. 35-10/11, for a design criteria professional to prepare the design criteria package for the Palm and Hibiscus Neighborhood Right-of-Way Improvement Project, and • RFQ No. 04-11/12, for a design criteria professional to prepare the design criteria package for the Sunset Islands 3 & 4 Neighborhood Right-Of-Way Improvement Project. The City is also in current negotiations with the firm pursuant to RFQ No. 52-11/12, for Professional Construction Engineering And Inspection (CEI) firms to provide various CEI services on an "as-needed" basis. In a letter dated November 30, 2012, Mr. Ramon Castella, Vice-President of C3TS, notified the City that Stantec Consulting Services Inc. purchased the assets of C3TS with the result that the ongoing business and affairs of C3TS are now wholly owned by Stantec (see Attachment A). On June 27, 2013, the City requested from Stantec to provide information on how the firm meets the minimum requirements for each of the agreements to be assigned (see Attachment B). In addition, Stantec was asked to confirm whether it would agree to all terms and conditions for each agreement. On July 8, 2013, Stantec confirmed that the same project team members proposed and approved by the City for each agreement are still in place (for the exception of one individual) and that their qualifications are the same as those evaluated at the time of award by the City. Stantec also affirmed that it will comply with all terms and conditions presented in each agreement (see Attachment C). CITY MANAGER'S DUE DILIGENCE & RECOMMENDATION Based on Stantec's confirmation letter, due diligence review by the Procurement Division and confirmation by the Office of Capital Improvement Projects (CIP) that C3TS I Stantec performance has been acceptable, the City Manager recommends to the Mayor and City Commission to adopt resolutions assigning Stantec Consulting Services, Inc. the agreements awarded to C3TS pursuant to Requests for Qualifications 01-07/08, 35-10/11, 04-11/12, and RFQ 52-11/12 upon successful negotiations. CONCLUSION The Administration recommends that the Mayor and City Commission adopt resolutions assigning Stantec Consulting Services, Inc. the agreements awarded to C3TS pursuant to Requests for Qualifications Nos. 01-07/08, 35-10/11, 04-11/12, and RFQ 52-11/12 upon successful negotiations. JLM/MT/KGB/DM/AD T:\AGENDA\2013\July 13\Procurement\Consent to Assignment-C3TS to Stantec-MEMO.doc 450 Engineer& Archite~;h Planners E!Hl005022 AAC002142 November 30, 2012 City of Miami B~ch Capita! Improvement Projects 177 -1 ih Street Miami Beach, 33139 Nh:~. Kathle G. BI"'C!ks. AICP, City Managtlr Cont~c:t: POJBPO 014004-53m StrHt Restrooms POIBPO 015574-6111 StrMt & Ocean DriVe Res.trooms POIBPO 018213-flamingo Park Football Field & Trnc:t Project PO/BPO 019515-Neighborhood 13-Palm & Hlbill;cus isla:nds. V14 Reao~utk:m -Sunset Jsla:nd!S 3 & 41mprovements POIBPO IJ1!!19J! -Review Contractor's Claim South Pointe Ph U POIBPO 01!61 0-overview punch list fir& Statlon #2 C3TS Project l\10$, 01311..013; 014; 016; 011; 018; 019; 021 Dear Ms. Brooks; Please be Informed that on November 30. 2012, Stantec Consulting Services Inc, (~Stante<c") purchased certain of the assets of Corzo CastE~IIa Carballo Thompson Salman, PA ("ClTS") with the result that the ongoing buslness and affairs of C3TS is now wholly owrH!.!d by Stantec. Stanloo will maintain the present office locations or C3TS with no interruption ln operations or client servlces, and aU future projects and operations will be under the Stantec name. Stante<: provides professional cx:msulting services in planning, engineering, architecture, interior design, landscape ::m:::hitecture, surveying, environmental sciences. project management, and project ecollOmics for infrastn.1cture and facilities projects, We support publiC and private sector clients in a diverse range of markets at every stage, from the initial conceptualization and ftnanciaf feasibHil:y study to project comp,letion and beyond. Our senrlces are provided em projects around the world through approximataty 12,000 employees operating out of more than 190 I!:'J!Cations in North America and 4 locations internationally. Stantec's vision includes working with the best clients on the best projects and providing the best services. Accordingly, please be assured that the continuity of your current project will be unaffected by this new arrangement The caliber of the personne~ currently working on your will not change and, except for tile assignment requested herein, no other aspect will be affected. In regard, we request your approval to assign all exlst!ng contracts in the name of C3TS to Stantec. Kindly indicate your consent to the request for assignment by retuming a duplicate copy of this letter, executed on behaif of City of Miami Beach to Stantac: Consulting Services, !nc .. Sincerely, MPSON SALMAN, f.A. The undersigned hereby consents to the asslgnment of 'the Contract noted above to Stantec Consulting SerVIces !nc. effectiVe , 2.012. City of Mf,ami S41!aeh 901 Pooce de leon S~ite 900, C0«:1l Gobles, florido 33 i 34 30$.445.2900 1 ,ll'OO.A48.0227 fouimlle 305,44.5.3366 \IVtlb Site: www.c3is.c>em Equal Employer 451 MIAMI City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786-394-4624 June 27,2013 VIA E-MAIL: ramon.castella@stantec.com Ramon Castella, Stantec Consulting Services, Inc. 901 Ponce de Leon Boulevard, Suite 900 Coral Gables, FL 33134-3070 OF SALMAN, P.A. (C3TS) THOMPSON Due to Stantec Consulting Services, Inc.'s (Stantec) acquisition of Corzo Castella Carballo Thompson Salman, P.A. (C3TS), the contracts for the following solicitations must be assigned, through City Commission approval, from C3TS to Stantec: • RFQ 01-07/08 -For the Establishment of a Pre-Approved List of Professional Construction Engineering and Inspection Services (CEI) Firms to Provide Various Services on an "As Needed" • RFQ 35-10/11 -For a Design Criteria Professional to Prepare the Design Criteria Package for the Palm and Hibiscus Neighborhood Right-of-Way Improvement Project, which Is Intended to Be a Design-Build Contract; and to Serve as the City's __ J3.epraaEIDtativ.eJ:ludngJtteSe1~G-tkmJltihe~~gn-6uil~LEtrm for the Project,~Oonperning~~­ the Evaluation of the Responses Submitted by the Design-Build Firms; Review and Approve for Compliance of the Detailed Working Drawings for the Project; and for Evaluation of the Compliance of the Project Construction with the Design Criteria Package • RFQ 04-11/12 -For a Design Criteria Professional to Prepare Design Criteria Package for the Sunset Islands 3 & 4 Neighborhood Right-of-Way Improvement Project, which Is Intended to Be a Design~Build Contract; and to Serve as the City's Representative During the Selection of the Design-Build Firm for the Project, Concerning the Evaluation of the Responses Submitted by the Design-Build Firms; Review and Approve for Compliance of the Detailed Working Drawings for the Project; and for Evaluation of the Compliance of the Project Construction with the Design Criteria Package • RFQ 52-11/12-For Professional Construction Engineering and Inspection (CEI) Firms to Provide Various Services on an "As Needed" Basis As part of the City's responsiveness review, Stantec must provide the following information confirming that it meets the minimum requirements/documentation in the solicitations noted above: • RFQ 01-07/08 o Organizational Chart o Project Team licenses, certifications, resumes We ore commllled to providing excellent public service and safely to all who live, work, ond play in our vibrant, tropical, historic community. 452 _, -1 I o Florida Department of Professional Regulation license o List of all projects in the past five (5) years-254 or 330 would suffice o List of all legal claims In the past five (5) years o Minimum of five (5) similar projects-please provide scope of work, client contact information, project cost, and project start and completion dates o Minimum experience and qualifications (see Attachment A) 11 RFQ 35-10/11 and RFQ 04-11/12 o Firm's number of years providing similar service o Project Team licenses, certifications, resumes for each project o Ten (10) client references o List of similar projects in the past ten (1 0) years o List all legal claims in past five (5) years o Demonstrate prior experience in serving as the Design Criteria Professional for public facilities and in the preparation of Design Criteria Packages for public and municipal facilities in particular in horizontal right-of-way construction o Project Teams must include a professional civil engineer licensed in Florida o Project Managers must have a minimum of five (5) years of experience developing Design Criteria Packages for horizontal right-of-way construction and ----three (-3) projects valued at $5 million-or greater--------- ----- o Minimum of five (5) completed similar projects -please provide scope of work, client contact information, project cost, and project start and completion dates o Narrative descriptions for each project o Methodologies and approaches for each project o Organizational Chart II 52-11/12 o Ten (10) client references o Project Team licenses, certifications, resumes o Florida Department of Professional Regulation License o List all projects in the past five (5) years -254 or 330 would suffice --o-tist-o-rall-1-e-g-al-clai ms-i n-th-e-p-ast-five-tB")-years~--- o Project Manager must have a minimum of five (5) years of experience and have completed three (3) similar projects o Minimum of five (5) similar projects-please provide scope of work, client contact information, project cost, and project start and completion dates o Minimum experience and qualifications (see Attachment A) o Organizational Chart o Project methodology and approach In addition, Stantec must also confirm that it agrees to the contract terms and conditions for each project; as well as, the conditions provided in the RFQ proposal responses submitted by C3TS at the time of the RFQ solicitations, which were provided to your courier today. Please submit the required information by Wednesday, July 3, 2013. Should you need additional information, please contact me at 305-673-7000 ext. 6230 or e-mail: theocarrasco@m iami beachfl. gov. Thea Carrasco, Ph.D., CPPO, CPPB Senior Procurement Specialist We are committed Ia excel/en/ servim and to all who live, work, in our vi bran/, historic community. 453 Stantec Consulting Services inc. 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 Ph (305_ 445-2900 Fax: (305) 445-3366 July 8, 2013 City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, Florida 331 Attention: Theo Carrasco, Ph. D., Senior Procurement Specialist Reference: Assignment of Contracts from Corzo Castella Carballo Thompson Salman, P.A. to Stantcc Consulting Services Inc. 01-07/08, RFQ 35-10/11, 04-11/12, RFQ Dear Mr. Carrasco: In response to your recent request additional information and confirmation concerning this matter, please note that the C3TS local staff, offices, management, organization and resources are now all part of Stantec. In response to specific items, please note the following: • RFQ 01-07/08 o Organizational Chart All project personnel and roles are as detailed in our original Statement of Qualifications, except for Mr. William Francis-who is no longer with the firm. o Project Team licenses, certifications, resumes All project team licenses, certifications and resumes are as contained in our original Statement of Qualifications, except for Mr. William Francis -who is no longer with the firm. o Florida Department Professional Regulation License Please see Florida Department of Professional Regulation licenses, as well as FDOT & Miami-Dade County Pre-qualification certificates for Stantec, included in Attachments. o List of projects the five years-254 or would suffice The list of local projects in the past five years -254, are as included in our original Statement of Qualifications. 0 of an legal claims the past five (5) years List of local claims in the past jive years is as included in our original Statement of Qualifications. 454 July a. 2:tl1S City of M!ami Beam Procu~ment Division Page2of4 o :1\>fininmm of five (5} similar pt·ojeets -please provide scope of work, client contact information, project cost, and project dart and completion dUes Similar loctii projects are as included in our origiru1l Statement of Qualifications. o Minimum expedem:e and qulllificadotu (see Attachment A) Minimum local experient..Y! and are as included ow original Statement of • RFQ 35-10/11 and RFQ 04~ 11 o Firmts l!lumber of years prO'it'iding simUar service The finn's number providing similar locally is as detailed in our original Statement c{Qualifications. o Project Team Lh:enses, certUicathms, resumes. for eacb.Ju·oject All team resumes are as contained in .'Hnrv"~''"'"J ()fQ:ualificaUons, William Francis-who is no longer o Ten (10) client refercmees The r~ferences are as comained in our original Statement o List of :d:milar projects in t.he past ten (1 0) years '""'·•••u local projects {tre as detailed in our orfginl.ll""'0 '"'.,. o List all legal claims in tile past five {5) yeus of local claims past five is as in our Statement o D<lmonstr:de prior experience :in servh:tg as the Desigu Cdterbt Professimud for public fac.iUti.es and .in the preparation of Design Crlteri~a Packages for pnbHe aaad municipal facilities in p:artlcn.lar m bo.rizmmtal rigld~of~wmy construction Prior local in serving as DCP for public facilities is as detailed in our Statement of Qual{(ications, o Project Teams must inchldc a professional dvU engineer licensed i:n Florida Project team inchules several professional engineers licenses ln Florida, as in our original Statement of Qualification.t o Project Managers must have a minimum of five (5) years of experience developing Design Criteria Pa<::kages fo:r hmizmrtal righN>f~way collst:rncdott and three (3) projects valued at $5 mnlion or greater Project 1\tfanagers are as detailed our Statement of Qualifications. o Minimum of five (5) completed similar projects -please provide scope of work, dient contad information, project cost, :ilnd project start :and completion dates Similar {W£ as ift our original Stater~umt q( Qualifications. o Narrative descriptions for ea.ch projtct description project are as detailed our original ..,..,~·~"'u~n Qutz#fications, 455 July&, 2013 Clty of Miami Seooh Procur0mii$rlt DMs!on Pi~ige3 of 4 o Methodologies and approaches for each proj~t The methodologies and approl:ches are as detailed Qualifications. in our original Statement of o Organb!:atimud Cluu1: All personnel and are as detailed our Statement QuaiijlcatiorLS, except for .,~fr. William -who is no longer with the }inn. • RFQ 52~11/12 o Ten (1 0) client referen~es The are as contained in our original Statement o Project Team licenses, eeroficatio:n.s, :resumes ..,,.;,,,.,, team and resumes are as (,':lmtained our original LllLUt::l'nt::<•u (!{Qualifications, eJ.::ceptfor Mr. William -1ovho is no longer the firm. o Florida Department of Profes:do:wud Regulation License Plet::kw~ see Department of Rc;gulation lice:ns.es, as well a .. li' FDOT & Miami-Dade Counry Pre~qualijication Stantec, included in Attachments. o List of aU projects in tbe past five (.S) yean-SF 254 o:r 330 would suffice The list in the -254, are as included in our ''"'"['"''''" Statement o List of aU legaJ dai:ms in tbe past five (5) years in the past years is as included in our ""'""'" Statement o Project Manager mnst have a minimum of five {5) years of e%pt'!rience and haw completed three (3) simihn" projeC!ts v .. ,.,,,,"1 Manager experience is as detl2iled in our original Statement of Qual(ficatiom. o Minimum of fi.ve (5) simHu p:rojeds -please provide scape af iii!'Ork, client contact infunnation" pmj«:t cost, and project start and completion dates Similar are as our original Statement ofQual~/ications. o Min:in:mm expnience and quaLifications (see Attachm·ent A) A!inimum experience qualifications are as in our Statement o P.rojed Methodologies and app.ro~ch The methodologies approac/1 are as Stantec agrees to the contract te.rn1s and conditions of current contracts being asstgned for RFQ 07/08, RFQ 35-10/11 & RFQ 04-11/12. Regarding RFQ 52~11112, we have a few minor as previously detailed to by Mr. Sean Compel. 456 457 is out: homed under thee .. to the public through o :212812015. 228201501954 458 ~o off:f!r ~"lifieerina services Chopter·•i11~ flori<lo Statutes • CA lJ~. Noi . 27013 STAT! OF FlORIDA OF SUSUNESS AND PROFESSIONAL 459 ¥Ill FtORI&ASOD. ' \"' \ \ Miami-Dade County, Florida Internal Sarvices Department PQ Ceriiflcat~ No.: 200~112167170..o4 A,pprov~t Ol!ltli!l: 41:312013 Expntion Dam; 413012014 ·Stant& Consulting Services fnc. Tbi.r mtifimtt u hl.nl~ i.rJU~~J tu: 90 1 Ponce de loon Blvd~ Suite 900 Coral Gables. FL 33134 The abow name appUcant Is pr~ualil'ied ro provide profeulorml JIJE servle1eS far Mlaml-Daoo County for !he period indiC<ll~ abCI'W. The npplicam tms oommiled its flrm t<i comply 'IMih the ~~~ OO&'lditicms limed beh':~w: 1. Pra-Oualiftoo to offll!lr profes.a!onaf seNicoo only rn the Mlami--llade County tecllnk:al categooes shown In the a!±arooo •struamant of Technical QIJii:llificatic.M$." Atl technical category restrictions must be ~trieUy oooored to.· 2. Pre-Oualfflootron Cmtlficatlon (PQC regls~n into one strcwnlined the technical e&rtffi~tion. affil'!'mltive action plan, and vendor esulting In the issuane& of a P~ualiftcatfon Certificate. :3 .. Rllilport any signfficant changes, such as oonmct pemon, qualifier, ownership, ftrm address, etc.,,to Professional · S<ll\rvlces Qrif~eation l~ed at 111 NW 11fA Stn;et, Suite 1300, Miami, fL 33128, within 30 days of sud'! a cl'iange. Fallum tn report said chang~ to the Cc.nJnty result In the Immediate :suspension or terminatiOn of your firm's P'l'e-Qualif~eation Certfficatlon. 4, Firms are responsJb!e for observing and adhering to Mlami·Oade County's Admirtis:trati\fe Order 3~9 ~standard Pf'O~ for construction of capital improvemente, acquiSition of professional services, oonstructioo o<:mtracting, cl'l~e orders and reportirtg", 5. Fatlura to renE~W your firm'!li PQC at least thirty {30) days prior to your firm's ourroot expiration date may result in the suspension and/or terminatkm from Ccunty programs and current or Mum contracts unm your firm's P!'&- Oualif~Cl!loon Certme:atlon has been properly renewed. My tapses in the oertifleatlon of any of~ required PQC areas (vendor registration, affirmat.i've adlon ptan, or teehn!~l certiftoatlon) wtll result in a lapse in your PQC. Firms are :respoosible for oooeNlng <?!lid ad he ring to all submission deadlines. 6. Any reMwal applio:atrons and/or liiUpportlng doouments submitted after the application deadline might delay the revfew of your firm's PQC eertificatlon to the next available Techn~l Certiflc:l!dlon Committee meeting. The PQC application, submms!on deadi!nes. and the Tet'lhn~i Certification Comm~ meeting calendar can oo found on Proourement Management "~~Veb . site loomed athttp~.mfamldelB·ii9"/lnternatsealc.isl!:u:~ gyaiUfitatfon-qrttfit;~tl'Qn.asQ 1. Permit Miamt~Dade County rnpresel'ltattves to nave~ during normal buslooa. 11oum to audit boob :r»nd records to \f1ltrify information submittoo wil:h thfs applicaoon. Thls fight of access shall oommenca on ffie approval date of this certlfk:ate and ah~ll tel'l11im:il:e on tts expin:mon d!iite. Please ~ th<~t If at any tlme Miami..Oade Coo11ty's has reason to believe ttlm any parson or firm ms willfully and knowtngly provided lnconect Information ot made false stt~temerats, ·the C()lJnty may refer too ma~r to the State AJ:tomey's ~ and/or other Investigative agendas, initiate debarmant procedures, and/or pursoo saMtlons or other legal remedies in accordafi.Oiii with Mismi~Dooe County pot&:;y aMior applicable feder;al, state and focal lam, / Nu:hia Jarquin Professional Servicu Certifleatfon 31~1$.5631 460 Miami-Dade County Internal Services Department Statentent qfTechnical Certification Categories Firm: STANTEC CONSUlTING SERViCES lNC. 901 Ponce de Leon BlVd Suite 900 · CATEGORY t:!Q;. Coral Gabfes, FL 34 1Jl1 TRANSPORTATION PlANNING~ URBAN AREA AND REGIONAl TRANSPORTATION PLANNlNG ::un MASS TRANSlT SYSTEMS~ MASS TRANSIT FEASIBiliTY & TECHNICAl STUDIES ~tOO MASS TRANSIT SYSTEMS· MASS TRANSIT SAFElY CERTJFICATKiN FOR SYSTEM ElEMENTS ' 3JJ1 HiGHWAY SYSTEMS· SfTE DEVElOPMENT AND PARKING lOT DESIGN :t02 H~GHWAYSYSTEMS-HIGHWAY DESIGN 3.03 HIGHWAY SYSTEMS-BFUDGE DEStGN 3.04 HtGHWAY SYSTEMS-ENGINEERING STUDiES 3,()6 HIGHWAY SYSTEMS -CAlMiNG 3.00 HIGHWAY SYSTEMS-SIGNING, PAVEMENT MARKING, AND CHANNEUZATJON .3. 10 HfGHWAY SYSTEMS~ liGHTING 3.11 HIGHWAY SYSTEMS ·SIGNALIZATION 5.01 PORT AND WATERWAY SYSTEMS~ ENGINEERING DESIGN 5.09 PORT AND WATERWAY SYSTEMS-ENVIRONMENTAL DESIGN 6.G1 WATER AND SANITARY SEWER SYSTEMS-WATER DfSTR!SU110N AND SANITARY SEWAGE COLLECTION AND TRANSMISSfON SYSTEMS 6.02 WATER AND SANITARY SEWER SYSTEMS-MAJOR WATER AND SANITARY SEWAGE PUMPING FACILITIES APPROVAl EXPIRATION OATE ~ 41312013 413012015 413/2013 413a/2015 4/:312013 4/3012015 4/3.1:2013 4/3012015 413/2013 4/30/2015 4/3!2013 4/30!2015 413f2013 4/3012015 4!312013 41'3012015 4/312013 4/3012015 413/2013 41301:2015 41312013 4130/2015 4/312013 4/3012015 Luisa M. Mlllan, R. A, Chsirpemon Chief, Professional Services Division lmerna! Slli:mlm De-partment 461 Miami,..Dade County lntemal Services Departntent Statement of Technical Certlficatiolt Categories Firm: STANTEC CONSULTING SERVICES INC. 90'1 Ponce de Leoo Blvd Suite 900 Coral Gabtas, Fl 33134 CATEGORY NO: CATEGORY DESCRIPTION 6.03 WATER AND SANITARY SEWER SYSTEMS-WATER AND SANITARY SEWAGE TREATMENT PLANTS 1Ci.01 ENVIRONMENTAL ENC31NEER~NG-STORMWATER DRAINAGE DESIGN ENGINEERING SERVICES 10.03 ENVJRONMENTAL ENGINEERING~ BIOLOGY SERVICES 10,05 ENVIRONMENTAl ENGINEERING~ CONTAMiNATION ASSESSMENT AND MONITORING 10.10 ENVfRONMENTAL ENGINEERING· COASTAL PROCESSES AND OCEAN ENGINEERmG 1Ul0 GENERAl.. STRUCTURAl ENGINEER~NG 12.00 GENERAL MECHANtCAt ENGINEERING 13.00 GENERAL ElECTRICAl ENGINEERING 14.00 ARCHITECTURE 16J)O GENERAL CML ENGINEER~NG 17.00 ENGINEERING CONSTRUCTION MANAGEMENT 18.00 ARCHITECTURAL CONSTRUCTION MANAGEMENT 2200 ADA TinE II CONSULTANT APPROVAl EXPIRATION t!AI.t QATE '41312013 4/30/2015 41312013 4/3012015 4{312013 4/3012015 4/3/2013 4/30/2015 4/312013 4/3012015 4/31:2013 4130/2015 41312013 413012015 413/2013 4/3012015 4/312013 4/3012015 Luisa M. Mi!an, R. A, Chai'person Chief, Prof&$$1onal Service:s DMskm tnternai_Selilices Oepartmem 462 Florilltl IJej1art1nent t~f TraJ1S11tJrtation HI< h o.,t Oil (,0\ I il\(}1{ Robert , PE, V1ce President STANTEC CONSUlTING SERVICES, 901 Ponce Deleon 900 Cora! Florida 33134 Dear Me 15,2013 Transportation has r""'·''"'"''"'n is adequate to 2 3 and Environmental (PD&E) '-'U·"""·"" ~Roadway 3.'1 3.2 Group 4 -Highway Design - 4.1,1 4:L2 4.2 1 - 3 5 -Concrete Design-Steel Design -Segmental 5.1 Bridge 5.2 ,. Movable Bridge -Complex Bridge Inspection 5A -Bridge load Rating 6 -Traffic Engineerlng and Operations Studies -TraftJc Engfneering Studies S\gnal Timlng 6.2 6.3.1 - 6. Transportation Systems Analysis and Design Transportation Systems Engineering Systems Communications 7 -Signing, Pavement and -Signalization 463 .\~,\~T!ll'R\\ Ill, 1'.1':, S!::CRFI .. \1{\ package and 8 ~ Survey and Mapping 8. 1 -Control Surveying 8.2 -Design, Right of Way & 8.3 .. Photagrammetric 8.4 of Mapping 9 Material Testing and Foundations 9.1 Exploration 9.4. 1 -Standard Foundation Studies 10 Engineering 10 1 -Roadway Engineering lnspecUon 10.3 -Construction Materials 10.4 -Minor Bridge & iO .. !i 1 -Brldge CEI· Concrete 1 2 -Major Bridge CEI • Steel Group 13 13 3 13.4 13.5 13.6 7 • Engineering Contract -Planning 14 ·Architect 15 -Landscape Architect and Management of June 30, 2014 at such as due to Department's requirement on overhead 45 to 60 days to your update On the of data submitted the Department has approved accountlng rates b-elow as acceptable purposes, Home/Branch Overhead you Facllitles Capltai Cost of Monel:' tl494°/¢* Overtime Premium Reimbursed rate .. These costs office. be , please 464 Lorraine E. Odom Professional Services and considers Direct Ex~tense 09.91% (Home)* 14J30% (Field),., on contracts Terrance N. Glunt PE Senior Proiect Manager, Civil Mr. Glunt has over 36 years of experience in the management and administration of engineering divisions responsible for all aspects of design and construction of government and agency related facilities including marina and boating access facilities, recreation complexes, urban and Interstate roadways and bridges, utility corridors, municipal public works and administration facilities, nuclear power plants, landfills and aviation facilities throughout Florida and the United States. His specific experience includes engineering design and coordination of multiple proieds, construction engineering and inspection, quality control I constructability review, rigid and flexible pavement design and analysis, hydrologic evaluations, geotechnical and environmental studies, DRI and PD&E involvement, environmental and drainage permitting, preparation of grant applications and coordination of numerous miscellaneous civil and structural contracts with Stale, County and Municipal entities. Mr. Glunt has been responsible for the start-up of numerous offices for his current firm, as well as for his previous employers; involving research and development, establishment of budgets and of all facilities, equipment, vehicles and staff. He has been a Resident Engineer on FDOT construction proiects in numerous Districts and the Engineering Manager and Director of both Geotechnical and Construction Divisions for a medium-sized engineering firm. EDUCATION Bachelor of Science in Civil Engineering, Florida International University, Miami Beach, Florida, 1985 Bachelor of Science in Environmental Sciences, Juniata College, Huntington, Pennsylvania, 1976 Certification, Threshold Inspector, No. 0950, 2012 Certification, ACI, Level 1 field Technician, 2012 OSHA, 40-hour Hazardous Materials Technician, HAZMAT, 2012 REGISTRATIONS Professional Engineer #40130, State of Florida 465 PROJECT EXPERIENCE Bridges 1Oth Avenue North Palm Beach Over the Keller Conal*, Florida feSI~OII'SIDIE' for the a rehabilitation oF an existing 5 lane tensioned traffic with two new ! 25' steel modifications included the removal of the sidewalks and ovtside prestressed the pier bents, imtallation of new ""''·'trr><.;e,ri W<CIDW·nf/; and rJrcii11ClnA ""''"n'"'·" /(()(JrJ\A!CiV rJrrlinr'"" modi fica lion,; lcnr·,mllm'" hundrail installation, sidewalk block wvetment on the canal banks for slope protection and pavement ond signage. Permits were from Loke Worth Druinage District For inclusion in their canal R/W. Lugo Avenue Bridge Abutment Remediation I Rehabilitation*, Coral Florida for the of erosion For the abutments. CEI Construction Services, Non-Interstate Terminal Replacement* for removal and rep/acem,en Barrier of nee u Senior Nicodemus Senior Geotechnical Engineer for of earthen dike and for SFWMD field station access. Evaluation included flow net St. lucie Boulevard Bridges*, Florida Senior forensic for the determination of the cause of failure of three revetments construction. The investigation resulted in rehabilitation of I 000 lirwor feet of Foiled sheet wall. The repair scheme included a combilwtion of tie-backs and rubble rip-rap revetment in an en•;wrmnnmltnl'lv sensitive wetland. .,;,.,,hhr"+"v'ri signs, a the east side lo sepom/e this site from ,_,,,-,hlv"inn comm<~rcial site, a central turf area 511rrounded and on--street This r1llows for access to a future C. 12 Conal Multi Use Recreational Tmi/ *denotes catnm1eled with ather firms 466 Design Review of Facilities & Processes Reviews for Various FDOT or five C. I.?. decks on DOT beams, drilled shafts and MSE walls; 1 95 I US /7 ·~·~,,·rl,.-,,"~~ wastewater collection lines to main treatment Road; Primo Vista Boulevard over St. Lucie River, Two 4-Lane beams, one bridge with six bents four over woterway; Evon's Aiartin County over St. Lucie River, 4-Lane driven over woterway; Port St. Lucie Boulevard over St. Lucie River 4-1ane Bridges: deck on DOT beams, Four bents each an driven ""'vinnhiA waterway; SR 7 Braward County, 6-Lone siCJV·il1·oloc'e forms supported on steel Rood Bmwarci Drainage and Stormwater Planning & Design Port Everglades Container Terminal Stormwater Well*, Fort lauderdale, Florida Senior Geotechnical for the of a 24 inch diameter slormwoler well in corgo conloiner terminal. 'vVe/1 was in povement orea with all components below ue>~u'''"'" and Broward EPD and FOE?. Full scale flow testing was in Field to and copadties. r~ce Senior & Master Plan*, Coral master improvements needed to in the corridor. The involved the relJiacetTJei··JI system and components of the project. Three resi&mtial sub..c!ivisions bordered the project and each had requirements for borders and entrance Features. The was widened ol various locations to accommodate turn Iones into these communities. Two separate districts bordered the corridor and involved permitting both agencies for storm water collection and eventual outfall into their facilities. Project to accommodate occess to resident Sanford Avenue Beach, Florida & , Palm in Charge for this project which included the full re· of a two-block section of Sonford Avenue in the Town of Palm Beach. The design included of the mr"'"'""' system, water,. sewer ond street components of the Town of Palm Beach low curb elements and new existing while still charactt,ristics. of the sanitary and water systems had to lie in to existing facilities at eoch end of the project, while mrw"''"""" piping and A1AS structures. olso included cable television, Bel/South and FP&L to eliminate over/wad service lines. to Basins "A" and "B" Stormwaler Stations*, Florida Senior engineer for these projects which both 40,000 gpm line shaft axial flow pumps with gas engines with a lhird pump for operate in on automatic mode and start when storm stage levels rise, The includes a reinforced masonry structure that houses the engines, controls generator and communications equipment. The projects were comlructed within a combined of $3.5 million. * denotes proieds corJJp,fetE>d with other firms 467 Basin D-8 Drainage Basin Florida , Palm improvements. Additional duties included surveying, locates, relocation, invosligalion, and permiffing the South Florida Water District Plantation Midtown Florida ClA/QC officer for this system of o mixed use area with Commercial and Institutional The purpose of the was to a backbone system that would allow future and retiev'elc,on1en in accordcmce with the Moster Plan. The existing system was modeled using /CPR with information from available records and survey of the existing drainage system. Future de,tei1Jornen was also modeled in accordance to the maximum omml<mnnen of the area, The recommends ,.,,,rwvmA improvements that would ollovv the future and creates Wl integrated system to he maintained by the These recommendations were coordinated info current and future CIP projects in order lo minimize construction in the urea, The "'""""m'.'" in the ond construction plom for improvement.; were Old Plantation Woter Control District, SFWMD ond the of Plantation. Basin D-2 Stormwater Station•, Palm Beach County, Florida Senior design engineer of o storrnwater for the Town of Palm Beach in Palm Beoch "'''"'r'mlinn of the large reinforced concrete discharges thru three to o d":c11nrrm structure and then via a into Lake Worth. The control houses on 800 kW diesel '"""'"'"'"n'~" Control Center, the Aulomalic Transfer Stotion Control Pone!. u Environmentcd Engineering Environmental / PD&E Studies*, Florida PD&E Studies for the projects: PD&E M'''"'ar"Jr project on US I in Pine Drive from Rd. to the .v»Mmn« Expressway in Broward PD&E for /-·/allandale Beach Boulevard from I 95 to West of SR 7 in Broward PD&E For Okeechobee Road west of Le Jeune Rood in Dode PD&E for NW 36th Street from NW 27th Avenue to PD&E Line to for Roosevelt Boulevord in Facilities on in Monroe Geotedmicc:'li Investigations Geotechnical , Florida Geotechnical invostigotion for pavement, systems, foundations and woll for various FDOT ond lllll'!I"CflCl!IOB for Broword Broword and Polm Beach Counties; At/untie Avenue extension with Broword Lontana Road, Prima Vista Boulevard with St. l.ucie Martin Grade Road, Martin Counly; Geotechnical Investigation for $250 million solid waste ot Central Sanitary Landfill in Broward Maintenance Facilities Pine Island Maintenance Florida Director h1r the engineering and architecture permitting and coordination for this 50+ ocm works The project included mason1y construe/ion, on·site retention ond septic systems, major eorthwork and foundation improvements ond hazardous materials storage considerations. *denotes 468 Broward Traffic Engineering Maintenance Florida permitting ond coordination for this 2. I million works for the Traffic Center. The project included tilt and comrnunicotion sensitive areas and hozardous molerials storage comiderations. Marine/Waterfront Engineering Matheson Hammock Marina Pier KeialalcemEmts Dade florida ,Miami- services, water, sonitmy, and electrical and fire protection were piers and for future of four other piers. The existing bulkheads were rehabilitated or as needed due to corrosion. A.ioinlenance was a and fill permit for the moin channel as well os the individuol channels for eoch pier. Six boat ramp piers were with new precast concrete piers and Crandon Park Marina Pier Biscayne, Florida Project manager for project that included of fou1· of the concrete fixed piers with concrete docks. New se1vices, water, sanitary, cable and ""'"'wr"me. electrical and fire protection were for these piers and for future of four other piers. The existing bulkheads were rehabilitated or as needed due to corrosion .. Maintenance was o ond fiil permit for the moin channel as well as the individuol chon nels for ench pier. boa! romp with new preens! concrete piers and Old Man River Diversion Project, Corps of River Basin*, louisiana for installation of concrete for and rip-rop diversion structures the River. Duties also included inspection of sheet rnoss excovafion ond operations and tremie concroto. nee u Sonior Cap's Restaurant*, lighthouse Florida witness in over construction oF st~awall and rip- rap revetment odiacen/ to mitigation and private dock and marina. Lauderdale Yacht Basin*, Fort Senior for studies for DR/ for maior commercial marina Duties included scour fuming basin seawall, ramp and as well as ovemll for cmd fill for on New River. Senior for the and fill pro;ects in H 1 mui?>rrlniA Point, Deerfiled Beach, Boca Raton, Rivera Beach, and Jensen Beach. Palm Beach Seawall , Town of Palm Beach, Florida Senior for the rehabilitation of 2.5 miles of seawall the Atlantic Ocean. The included the evoluation of existing foiled sections. The of repairs included various repair types. These included deadmen and nlnr"""'"'"'of rubble Tamarac Canal Bulkhead Florida , Tamarac, ~ ood conslrudion administration for the rerlta,:erner end bulkhead and culvert crossings for the of Tamarac at different locations the as part of the first of a Tamarac mointoins and controls the canol system within the limits and due to and erosion city street crossings, to repoir seawalls and bulkheads ot their crossings. The firm wos selected and and permit the rec>lac:errrents * denotes projects corna!eter! with other firms 469 Alsdorf Park Boat Ramps*, Pompano, Florida Project Engineer in charge permitting and constmction odministrolion for the rehabilitation of o thme boa! ramp The proiect included reconstruction and approaches, boat trailer space porking lot, and irrigation uo,Drcrdc•s, oroH10D'<1 area, ramp Beach, Deerfield Island Boardwalk and Docks*, Deerfield Beach, Florida Project for the of a 2000 IF boardwoik '"r"n~"m"n' is service, ali construction materials hod to be in on Phose II included marina ADA- accessible docks, and additional oil the pork amenitie5, res/rooms, kiosk. Burl Reynolds Park Boat Florida Staging Docks •, Jupiter, for the and permitting of 285 LF of new staging docks in the ICWW for access to the new boo/ romps, Design ACOE for seagross mitigation and mangrove protection. included SPWMD, PDEP and ACOE permits o/ong a variance letter from NOAA/N!v1PS. Construction vsed wood timber grating to allow to pass propagation. for seogross nee ..,,.,,.,.,.,.," Park*, Jupiter, Florida Project manager For development of new boat ramp in northern Palm Beach Duties included sire permitting and construdion administration For this 30 acre natural pork Indiantown Rood and the ICWW. issues included of o tortoise reserve, mangmve and seagrass mitigotion, with county manatee protection program, storm water runoff and an FOOT permit for the entrance off of Indiantown Road .. The project included 4 boot ramps, concrete dock piers and staging docks, concrete .seawoll protection, educofion kiosks, picnic restroom facilities, for 50 boat troilers and on site and systems. Materials Testing Material Investigations* Moteriol investigation for pavement ond utilities, drainage systems, foundations and retaining wall for various FOOT and Beach; bridges in Palm Beoch ond Morfin of Atlantic Avenue in Beach; Federal Rolon; Broward Corridor Military lnfrastrudure West Naval Air U.S. Department of the Resident for control inspection and testing of $14 million con_slrucfion improvements of on active oirfield. included '""·'v"rnn of all construction inspection, testing, surveying ond functions. Duties included drawing review, approvol, mix as-built contractor monpower projections ond pay estimates. Received commendation From the US of the Novy. also included installation of new storm droin system with control devices ond retention amos. West Naval Air Station for U.S. Deportment of the *denotes with other firms 470 Mixed-Use lakes*, Florida Senior Geotechnical Engineer for rlmtA!cw>m Mosier Excavation Plan for 1200 acre residentio! and mitigotion oreos, and volume compute~tions for 150+ oreos of lakes along 1-75. eXCCIValed shelves for mitigotion orem, computations for 180+ oreos of interconnected lo.kes. of Route Phase I*, and Greenway Transit Florida for the master engineering and construction odministrotion of this proiect !hot consisted of the entire centro/ bus!ne.1.> district of the City ond creoting a mixed use orea conducive lo use wJd occess. The project included the recoMtruc!ion of 2.5 miles of mixed use textured crosswolk.s, le~nd.«:or>etd medions, and a roundobout at o The firm' will be the improvements to follow in the midtown Grea. We hove worked with the in the route thot the first of the bus frons it will operote os well as them reseorch the different type of frons if vehicles amilobie to them. In hond in hand with the on this issue, we are ensuring that the we deliver meets the needs and expectations for the entire scope of their greenway proiec!. Municipal North Miami Beach Public Works Facility*, North Miami Florida Manoger for construction odministrotion of !hi.> 1.5 million dollar coordinolion of o/1 inspection, testing, poy claims schedule review ond certification u s(:~nior of to existing facilities with recommendations for repairs. Parks, Open Spaces & Cemeteries Shenandoah Park*, Florida Project Manager for this project, master and construction management. This active included tennis end basketball courts, in-line rink project which included construction management lor oclive ond possive construction utilities and camtruclion inspection services. Deerfield Beach Middle School Park •, Deerfield florida aquatics over 300 vehicles. Duties include master and construction administmtion .. in hlr the management of a 36<.Jcre recreational bmebo/1/multi-use l)e/d, two soccer basketball and tennis and associated over 500 vehicles. Duties include modificotions and permitting. • denotes structural 471 vv.nt"'""''~"'~" Park*' Projecl manager for ""''""!romnm·,t in northern Palm Beach permitting and construction administration for this 30 acre natural pmk Indiantown Road and the ICWW. Permitting issues included of o tortoise reserve, mangrove and seagrass mitigation, with county manatee protection program, storm water runoff and an FOOT permit for the entrance off of Indiantown Road. The project included 4 boat ramps, concrete dock piers and sloging docks, concrete 5eawall protection, education kiosks, picnic for 50 boat trailers and an site Dora! Park*, turf FIFA soccer tennis courts; bmketboll courts; bocce and other lawn sports venues; toumoment snnd "''''""'"'"' community center; picnic ADA "'"'vnmc,nu.,, with fitness stations; areas; and a covered off For students accessing the adiocent school properly, The firm had to o program to facilitate the removol of !rash and debris from the site which had been estoblished as a class /I/ landfill prior to "'"'""'''"''m"n The covered student off was structures to meet current South Florido wind criterio. rhe turf soccer fields involved the installation tensile fobric as well as an under·droin system thot would allow the Fields to be on in less than an hour after o major rain Also included were bleochers establisfred on both side.> of eoch field for tournoment Roadways SR Road Interchange* Resident Engineer for the construction of o new $12 million "'"'"'""""' incorporating steel MSE wolfs, the state of Florida. construction of$ 8.3 was classified as major. nee continuous cn';Hn-rm.K<-> included extensive unt PE F'rojecl also included relocation city water, storm water, and as well as inslallotion of new storm water lines and arc:tmc:Jce injection wells. CEI Construction Services Resurfacing of Beeline from MP 0.0 to MP 8.4* ao;oro·xmnatelv 8 miles of JntJorriOClrll'!l·' ramps. Work WGS wit/J mGjor MOl ramp closures, notification to the and constant coordination effort with PHP, the Contractor and the PJO. CEI Construction Services of Florida's Turnpike from MP 217 to MP 242 * Resident Florida's with serious CEI Construction Services Resurfacing of Florida's Florida Resident Florida's from MP 21 7 to MP 242 *, Osceola in tourist area. with Senior of roadway construction of a 2-mile section of US I that involved and retaining and barrier wa/J siqna;r;zcttlon, striping, signoge, curb and CEI Construction Roadway Resurfacing* SR 994 Senior Project Engineer for all of a S-mile section of SR 994 signage, asphalt, embankment, MOT supervision, and railroad crossings. *denotes Roost Drive) striping, joint repairs, 472 Woodside Drive Drainage Florida , Coral Springs, fer this covering a one-mile- of Carol The project arc11nruw system, as well as improvement recommendations. &* for supervision of all construction nor.'rt"'"'v recanslruclion project that CEI Construction Services SR 834 (Sample RoadJ &* Resident for supervision of all construction o!cice.ment of concrete paw~ment, larJdsca;~m,:; and Primo Vista Boulevard •, St. Lucie County, Florida Senior Geotechnical Engineer for the of 1.2 miles of four-lane an caastol mitigation areo. The project involved the use for stabilization of muck, of rubble rip-rap wvetmenl A flow net evaluation was performed of channel slope protection for twa AASHTO Girder structures. St. lucie County Beach Access Florida , St. Lucie Manager for the and construction management of five beach access proiecls For St. Lucie Projects involved lots an beach side, and/or gotes, wooden boardwalks at dune crossover points and information as needed at various locations. Some of the were pre-existing but with no defined access walks and others were new locations with no former access. Sports, Recreation & Leisure Coral Gun Range*, Coral Nln"""'"'"~' far the master canstruC'Iion monagement for new gun ranges, enclosed utilities, and ""'""-nnmn nee Senior , Palm Beach project which and construction mo'naaei7JeiM of a 10- Additional services permitting, on-site visits and inspectiom. Florida Project Manager for this project that included the rehobilitation of o !2-court hord-courttennis for the Town of The cout1s were resurfoced ond the remainder of the was with new netting, and shade structures. Coconut Creek Recreational Center Coconut Florida in for this Recreational Center in the of Coconut Creek. The firm the master ond construcfion marwgement services for this oclive included three lot lots,. exercise stations, shelters and a vo,l/e\'.bCII/ cow1, in addition to the construdion of 168 linear feet of boardwalk an environmental wooded area. The boardwalk floor is constructed of a plastic lumber mwwfactured from recycled and the are mode of pressure treated timber. Florida Project project which included and construction management of interactive warterolo'v theme utilities, and concession area. to allow installation of some within an existing easement located on the property. * denotes projects corTiol'eted with other firms elements 473 Structural Engineering Studies* Project for investigation of roof integrity for numerous structures for purposes of relino,ncina operotions. Duties included inspection, evaluation and recommendations to lenders. Water methc,doloo•ies far well. Coordinated with well heod and treatment designers to incorporate into overall project. Oversaw field testing of well flows instollation to insure capocity. Ferndale 20" Wa!ermain /24" Force Main*, Beach, Florida This Included the and nPrm•Mrw,., inch diameter ductile iron water main olong with 200 LF of 24" Force Main. Included two oerial canal crossings of the Lake Worth DminGge District cands and direct burial piping Loke Ida Road~ Coordination with three other projects was needed for tie-ins at those locations. the included detGiled Investigations of utilities ond route of the moin. The project construction cost was The firm also construction administration conslruclion final certification to PDEP ond PBCHD. RESOLUTIONS TO BE SUBMITTED 474 THIS PAGE INTENTIONALLY LEFT BLANK 475 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Adopting the One-Year Action Plan for FY 2013-2014, which includes the budgets for the Community Development Block Grant (CDBG) Program, the HOME Investment Partnerships program (HOME), and the State Housing Initiatives Partnership program (SHIP); amending the FY 1994-2011 Action Plans to allocate prior years' uncommitted funds; authorizing the City Manager to execute all applicable Action Plan documents; authorizing the Mayor and City Clerk to execute agreements for sub-recipients; and authorizing the appropriation of all Federal and State funds when received. Ke Intended Outcome Su orted: Sustainability initiatives. Affordable housing for the labor force. Supporting Data Environmental Scan, etc.): Based on the 2012 Community Satisfaction Survey, 66% of residents gave the City positive marks for its efforts to be a green or sustainable. 34% of businesses rated lack of affordable housing in Miami Beach for their labor force as their most important challenge. Issue: I Shall the City adopt the One-Year Action Plan for FY 2013-2014 in substantially the attached form? Item Summary/Recommendation: The City has been awarded its Fiscal Year 2013-2014 entitlements from the State and Federal governments. The Federal government has awarded the City $953,576 for its CDBG program and $469,525 for its HOME program. In addition, the City has $69,332 from prior years' unexpended CDBG funds and $503,045 from prior years' uncommitted HOME funds. The State's FY 2012/13 SHIP allocation is $21,895. The City issued two Requests for Applications (RFA) on March 28, 2013 for the award of eligible entitlement funds. One RFA addressed the use of CDBG funds for public services and eligible capital projects. The second RFA was for affordable housing funding from HOME and SHIP, and sought only affordable housing applications as required. Nineteen (19) applications were received for the CDBG funds, and two (2) applications were received for HOME funds. One (1) application was received for SHIP funds. Eleven (11) public service applications were received. The public service applications were for childcare, youth services, home delivered meals for persons with HIV/AIDs, housing-based public services, handicapped services, senior meals, and senior services. Public services were identified as a high-priority need in the recently approved FY 2013-2017 Consolidated Plan. The Community Development Advisory Committee (CDAC) also identified public services as a high priority need. The Boys and Girls Clubs of Miami, Food for Life Network, ~· Jewish Community Services, Little Havana Activities & Nutrition Centers of Dade County, Inc., Log Cabin Enterprises, Miami Beach CDC (MBCDC), RAIN Parents, Inc., UNlOAD Miami Beach, Inc. and the City's Office of Community Services are being recommended for funding. RFA applications were reviewed by the Administration and CDAC. Presentations were made to CDAC by all applicants for CDBG and HOME funding. The applications were ranked according to their impact on the Consolidated Plan, project description, specific goals, budget analysis, and leveraging offunds. After review and deliberations between the Administration and CDAC, the recommendation was to fund sixteen (16) activities with CDBG funds as incorporated in the proposed One-Year Action Plan which is due to HUD by August 15, 2013. Carrfour Supportive Housing and Miami Beach Community Development Corporation submitted applications for housing projects. Carrfour proposes to rehabilitate the Harding Village Apartments located at 8520 Harding Avenue. MBCDC proposes to utilize available HOME project funds to fill a funding gap in the London House II project, located at 1975 Washington Avenue. MBCDC, the sole respondent, also proposes to utilize available SHIP funds for home-buying activities. The City is currently conducting project and file audits of MBCDC. At this time, the Administration recommends that its proposed awards are made pending completion and satisfactory review of these efforts. In accordance with HUD's Citizen Participation Process requirement, the proposed One-Year Action Plan for the allocation and use ofCDBG and HOME funds was advertised and posted on the City's website for a 30-day public comment period from June 13 through July 12, 2013. Furthermore, after being duly advertised, a meeting to collect public input was held on June 19, 2013. No further public comments have been received. The Community Development Advisory Committee (CDAC) met as follows approved the final recommendations at its May 30, 2013 meeting. Financial information: Source of Funds: Amount Account 1 $953,576 ocation FY 2013-2014 $69,322 895 SHIP FY 2012-2013 Financial Impact Summary: Federal CDBG and HOME funding, as well as State SHIP funds, will be allocated to the City of Miami Beach and the Cit will allocate the FY 2013-2014 entitlements to ro·ects and sub-reci ients. City Clerk's Office legislative Tracking: 476 Item C?V Date 1-1"1-ts 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 oft b City Commission FROM: Jimmy L. Morales, City Manager DATE: July17,2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CITY'S ONE-YEAR ACTION PLAN FOR FEDERAL FUNDS FOR FISCAL YEAR 2013/2014, WHICH INCLUDES THE BUDGETS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG), THE HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME), THE FISCAL YEAR 2012/2013 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AND VALUE ADDED ENHANCEMENT FUNDS; AMENDING THE 1994- 2011 ACTION PLANS, AUTHORIZING THE CITY MANAGER TO MAKE MINOR NON-SUBSTANTIVE CHANGES TO THE ONE-YEAR ACTION PLAN OR RESULTING AGREEMENTS BEFORE EXECUTION (WHICH MAY BE IDENTIFIED DURING THE FINALIZATION AND/OR REVIEW PROCESS, AND WHICH DO NOT AFFECT THE PURPOSE, SCOPE, APPROVED BUDGET AND/OR INTENT OF THE PLAN); AUTHORIZING THE CITY MANAGER TO EXTEND THE EXPIRATION DATES OF SAID AGREEMENTS WHEN NECESSARY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS AND SUBMIT THE ONE-YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS FOR SUB-RECIPIENTS OF CDBG, HOME AND SHIP FUNDS; AND AUTHORIZING THE APPROPRIATION OF ALL FEDERAL AND STATE FUNDS WHEN RECEIVED. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The City of Miami Beach is a HUD-designated entitlement community, as determined by the decennial census information on population growth lag, age of housing stock, and poverty. The City of Miami Beach has been a CDBG entitlement city since 1975. The HOME Program, also funded by HUD, was started in 1992 to provide funding specifically for affordable housing. HUD allocates these funds "to strengthen public/private partnerships and to expand the supply of decent, safe, sanitary, and affordable housing with primary attention to rental housing, for very low-income families." As an entitlement community, the City automatically qualifies for an annual allocation of Federal funding under HUD's grant programs. HUD requires participating jurisdictions to submit an annual One-Year Action Plan which describes how the City will utilize funding and resources to address priority needs identified in the Consolidated Plan. The One-Year Action Plan is one component of the Five-Year Consolidated Plan that is filed by the City with HUD. The One-Year Action Plan follows the strategies that have been included in the 2013-2017 Five-Year Consolidated Plan. CDBG funds have been primarily used to provide vital public services, 477 Commission Memorandum-FY 2013/2014 Action Plan 17,2013 Page 2 of 6 housing activities, code enforcement, and improvements to public facilities, such as youth centers and senior centers, while HOME and SHIP funds have been used for affordable rental housing activities and first time homeownership opportunities. The State Housing Initiatives Partnership (SHIP) Program, administered through the Florida Housing Finance Corporation (FHFC), was established by the 1992 William E. Sadowski Affordable Housing Act to stimulate the production of affordable housing statewide. Annually, FHFC allocates SHIP Program funds among participating jurisdictions on a formula basis. The City has participated in the SHIP Program since FY1995-1996. The City had historically received approximately $500,000 a year in SHIP funds, of which 90% had been allocated to provide program-eligible activities to income-eligible persons. However, in recent years the State has reallocated the SHIP Trust funds to other uses in the State's General Fund. As a result, funding for FY2009-201 0, FY201 0-2011, and FY2011-2012 was reduced to $43,691, $0, and $42,524, respectively. Originally, the allocation for FY2012/2013 was $0. However, on January 11, 2013, the City was notified that as a result of the State recapturing unexpended funds that were previously set-aside for disaster recovery, the City would receive $21,895 that should be considered its FY 2012/2013 allocation. The use of the SHIP funding is outlined and governed by the City's Local Housing Assistance Plan (LHAP), which must be approved by FHFC. Staff conferred with HUD representatives to request permission to utilize any prior year unspent funds from CDBG to re-allocate for project costs. After receiving HUD's approval, the Administration included those funds in the RFA process to be allocated for capital projects and affordable housing. The HOME Program rules require each entitlement community to reserve a minimum of 15% of its annual allocation for activities undertaken by qualified Community Housing Development Organizations. A Community Housing Development Organization (CHDO) is a private nonprofit, community-based service organization that has identified the development of affordable housing as a primary mission, and has the capacity to develop affordable housing in the community it serves. A CHDO must meet certain requirements pertaining to its legal status, organizational structure, capacity and experience. Historically, the only certified CHDO in Miami Beach is the Miami Beach Community Development Corporation (MBCDC). However, another community development organization, CarrFour Supportive Housing (CarrFour), is being evaluated for certification as a CHDO. This fiscal year, the total available funds for distribution are as follows: Community Development Block Grant FY13-14 Entitlement estimated by HUD ............................................................... $953,576 Less administrative allowance (20%) .............. -$190,715 Less set-aside for CDBG Code Enforcement. .. -$90,000 Net FY 13/14 funds available for distribution ........... ., ............................................ $672,861 Prior vear recaptured funds ........................................................................ m .. .,.$69,332 Total available for allocation .. 8!1! !ll!ll:!l'i!l ~**'*"'""'"''"*"!llll't'"'**'t'""**!ll<ol:!l':!f**'""'""""**"'~"'"*"'~"'**'*""'****~:jf·**",.. •• !ll !l!'t'*"'*· •• $742,193 HOME FY 13-14 Entitlement estimated by HUD .............................................................. $469,525 Less administrative allowance (1 0%) ................ -$46,953 Less minimum 15% CHDO project set-aside ...... -$70,429 Less maximum 5% CHDO admin. set-aside ....... -$23,476 Net FY 12/13 funds available for ro'ect allocation ............................................. 328 667 478 Commission Memorandum ····· FY 201:3/2014 Action Plan 17, 2013 Page 3 of 6 SHIP FY 12-13 Entitlement estimated by State ... ,. ................................ , .. ., ................. "$21 ,895 Less administrative allowance ( 10% ) ..................... -$2, 189 Net funds available for project allocation .......................................................... $19,706 On March 28, 2013, the Administration issued two RFAs with a submission deadline of April 26, 2013; one RFA included the available CDBG funds; the other was a combined RFA that included available HOME and SHIP funds. ANALYSIS CDBG Funds The available CDBG allocation is $7 42,193, which includes an additional $69,332 of recaptured funds. The City received nineteen (19) written proposals for these funds for an aggregate amount of $1,637,913. These proposals were reviewed by the Administration and CDAC, and ranked according to: their impact on the Consolidated Plan; project description; specific goals; budget analysis; and leveraging of funds. The following factors were taken into consideration when determining funding awards: 1) the level of impact according to the Consolidated Plan; 2) project description of activities; 3) attainment of performance measures and program outcomes; 4) organizational capacity and experience; 5) budget analysis; and 6) the organization's ability to leverage additional non- CDBG sources of funding for project activities. All agencies that submitted responsive proposals were asked to make project presentations before the CDAC and City staff. The presentations were followed by a question and answer session which allowed the CDAC members and City staff the opportunity to learn additional information about the agencies and their respective programs. All of this information was utilized to rank and make appropriate funding recommendations, which form the basis of the Action Plan. The resulting recommendations have been incorporated in the draft One-Year Action Plan for FY 2013-2014 and are summarized in the attached Exhibit 1. As in previous years, given the limited amount of CDBG resources available (capped by Federal regulations), the CDAC and the Administration had to make difficult decisions regarding funding recommendations for a number of organizations and projects. Consensus recommendations were reached and are consistent with the priority needs areas as identified by the Commission, the community, and the Consolidated Plan. The main priorities include those activities addressing and serving elderly, youth, health services including persons with AIDS, homelessness, affordable housing, and public facilities. More specific information is provided below. Public Service Activities A maximum of fifteen percent (15%) of the entitlement allocation may be awarded to public service activities. Public service activities include meals programs, after school programs, etc., for income-eligible participants. A total of $143,036 was available for public service funding. Eleven (11) applications were received for a total of $345,977 in requests. The following seven (7) subrecipients, providing a total of seven activities, are being recommended for Public Service funding: 479 Commission Memorandum -FY 2013/2014 Action Plan 17, 2013 Page 4 of 6 Capital/Community Development CDBG funding was also requested for activities that include the rehabilitation of affordable housing buildings and other eligible capital improvements. $599,156 was available for other CDBG eligible capital activities. A total of seven (7) applications were received for $775,450 in requests. Seven (7) projects were recommended for funding. They include: Other The balance of the available FY13/14 CDBG allocation is used as follows: $90,000 is being set ,aside to fund code compliance services; and, in order to effectively implement and monitor the CDBG program, $190,715 (20% of the entitlement as allowed by HUD) was allocated for administrative and operational expenses. HOME Funds The available HOME project allocation is $328,667. To ensure that any RFA requirements could be clarified and any questions relating to the completion and submission of an application could be addressed, a mandatory pre-submission meeting was held on April 10, 2013. Two (2) applications, each requesting the full amount of available HOME funds, were timely received and reviewed by the Administration and the Community Development Advisory Committee (CDAC). They were also ranked according to their impact on the Consolidated Plan; project description; specific goals; budget analysis; leveraging of funds; and organizational experience and capacity. Both organizations that submitted responsive proposals were asked to make 480 Commission Memorandum-FY 2013/2014 Action Plan 17, 2013 Page 5 of 6 project presentations before the CDAC and City staff. The presentations were followed by a question and answer session which allowed the CDAC members and City staff the opportunity to ascertain additional information about the agencies and their respective programs. All of this information was utilized to rank and make appropriate funding recommendations, which form the basis of the Action Plan. The resulting CDAC and staff recommendations have been incorporated in the draft One-Year Action Plan for FY 2013-2014 and are summarized in the attached Exhibit 1. Projects CarrFour requested funding for its 94-unit Harding Village affordable rental housing project located at 8540 Harding Avenue. This property, which is currently occupied, provides affordable housing for formerly homeless and low-income individuals (including veterans) that has fallen into disrepair and is in need of rehabilitation. The Administration is proposing to allocate the remaining balance of HOME project funds, in the amount of $228,667, to this project. MBCDC requested funding for its 18-unit London House II affordable rental housing rehabilitation project located at 1975 Washington Avenue. This is a total rehabilitation of the property that was vacant and boarded up. Additionally MBCDC, which at the time of application was the only CHDO in Miami Beach, was eligible to receive the minimum required project set- aside of 15% of annual HOME funds. The Administration is proposing to allocate $100,000 of HOME project funds, plus the required CHDO set-aside of $70,429 to MBCDC to fill its funding gap in this project. The City is currently conducting project and file audits of MBCDC. At this time, the Administration recommends that its proposed awards are made pending completion and satisfactory review of these efforts. Other The City is allowed to set-aside up to five (5%) percent of its HOME fund allocation to assist with the operating expenses of a qualified CHDO, to provide staff development and encourage capacity-building. MBCDC will receive the CHDO set-aside for operating expenses of $23,476. For FY2013-2014, $46,953 of HOME funds (10% of entitlement funds) is being allocated to Housing and Community Development Staff for administration and required Fair Housing activities. SHIP Funds The SHIP allocation for FY 2012-2013 is $21,895. The SHIP program follows the strategies that are outlined in the Local Housing Assistance Plan (LHAP) and the funds are primarily used for income-eligible homeownership activities, such as down paymenVclosing cost assistance and owner-occupied home rehabilitation. After deducting the City's allowable administrative expenses of ten (10%) percent, the available $19,706 was included in the previously described Combined RFA. At the close of the application period, the only submission received for the available funds was from MBCDC for its existing Homeowner Assistance Program to assist eligible individuals/families acquire and/or repair existing homes. Value Added Enhancement Funds An additional $15,000 of Value Added Enhancement Funds was available for marine-related and children-related recipients. CDAC and the Administration recommend funding Teen Job Corps for $13,000 to employ low income resident youth and Sunflower Society for $2,000 to 481 Commission Memorandum -FY 20'13/2014 Action Plan 17, 2013 Page 6 of 6 serve additional youth with arts programming. PUBLIC COMMENTS As required by HUD, a draft of the One-Year Action Plan was made available to the public for a 30-day comment period commencing on June 13, 2013, and ending July 12, 2013. US HUD now requires the One-Year Action Plan to be entered into its Integrated Disbursement Information System (I DIS). (See Exhibit 1) Additionally, a public meeting to hear public comments was held on June 19, 2013. There were no attendees or public comments. CONCLUSION Most of the activities described in the One-Year Action Plan will take place in City-designated community development target areas which contain census tract/block groups that have greater than 51% of households with incomes at or below 80% of the median income and continue to be a priority for allocation of CDBG, HOME, and SHIP resources. As in previous years, the City received funding requests that exceeded its entitlement allocations. Recommendations on allocations are based on staff review and analysis, as well as the review and input of CDAC. The Administration recommends that the Mayor and City Commission approve the attached resolution adopting the One-Year Action Plan for FY 2013-2014 in substantially the attached form, to allow the City to draw down entitlement funds to assist income eligible persons with services and housing, and approve the allocation of the FY 2012-13 SHIP funds to the sole bidder for its homeowner program. JLM/KGB/M~BG T:\AGENDA\2013\July 17\HUD FY 13 14 Action Plan Merno.docx 482 ~ 00 w AP-15 Expected Resources Introduction EXHIBIT 1 City of Miami Beach FV 2013-2014 Action Plan Expected Resources Anticipated resources include CDBG, HOME and SHIP funds. HUD requires that PJs provide a 25% match for all HOME project funds. Historically the City has used RDA funds as the required match. Anticipated Resources Program Source Uses of Funds of Annual Funds Allocation: $ CDBG public-Acquisition federal Admin and Planning Economic Development Housing Public Improvements 953,576 -OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 2 13 Expected Amount Available Year 1 Program Income: $ 0 Prior Year Total: Resources: $ 69,332 Annual Action Plan 2013 $ 1,022,908 Expected Amount Narrative Description Available Reminder ofConPian $ The primary objective of the CDBG program is to provide decent housing, a suitable living environment and expanded economic opportunities principally for low and moderate income 3,814,304* persons and neighborhoods. 1 ~ 00 ~ Program Source Uses of Funds Expected Amount Available Year 1 Expected Amount Narrative Description of Annual Program Prior Year Total: Available Reminder Funds Allocation: Income: Resources: $ ofConPian $ $ $ $ Public Services HOME public-Acquisition The intent ofthe HOME federal Homebuyer Program is to provide decent assistance affordable housing to lower Homeowner income households, expand rehab the capacity of nonprofit Multifamily housing providers, rental new strengthen the ability of state construction and local governments to Multifamily provide housing and leverage rental rehab private sector participation. New construction for ownership TBRA 469,525 0 469,525 1,768,089* """"""'"--·· ·······························-·-'--""""""--····· """ Table 1-Expected Resources-Priority Table *Four year projection based upon current funding levels. The Congress, the Senate and the White House have three different funding recommendations and the Annual Action Plans will be updated annually to reflect the actual entitlements. The House Transportation-HUD (T-HUD) Subcommittee FY 14 budget bill proposes to fund CDBG at $1.6 billion, a cut of nearly half--or $1.5 billion from FY13. The bill would provide $700 million for HOME, a cut of $200 million from FY13. All of HUD's programs were cut to some extent due to the low 302(b) allocation given to the House T-HUD Subcommittee ($44 billion this year vs. $51 billion last year--a cut of $9 billion). The Senate T-HUD Subcommittee allocation is $54 billion, $10 billion more than the House T-HUD allocation of $44 billion. This means that CDBG and other HUD programs will most certainly be funded at much higher levels in the Senate. OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 213 Annual Action Plan 2013 2 ~ 00 CJ1 Explain how federal funds will leverage those additional resources (private, state and local funds}, including a description of how matching requirements will be satisfied Federal funds will leverage additional resources (private, state and local funds). Local funds will be used to fulfill the HOME program match requirements. Federal funds will be used to leverage additional financial resources including SHIP, Miami-Dade County Surtax, and Redevelopment Agency funds. The Redevelopment Agency has provided such significant funding that the required HOME funds match has an excess of $3.9 million. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City owns the property that will be used to address youth and senior needs in the plan. Discussion CDBG, HOME and SHIP funds will be used to leverage other funding resources to address needs identified in the Consolidated Plan. OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 213 Annual Action Plan 2013 3 ~ 00 0) AP-20 Annual Goals and Objectives Goals Summary Information Goal Name Start End Category Year Year Public Facility or 2013 2014 Non-Housing Infrastructure Community Activities Development Public service 2013 2014 Non-Housing activities Community Development Multi-family 2013 2014 Affordable Rehabilitation Housing Code Enforcement 2013 2014 Non-Housing Community Development OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 213 Annual Goals and Objectives Geographic Needs Area Addressed SOUTH Senior Services BEACH Energy Efficiency NORTH Childcare BEACH AREA Youth SOUTH Programs BEACH Senior Services HIV/AIDS Programs Public Services (General) NORTH Affordable BEACH Housing SOUTH BEACH NORTH Code BEACH Enforcement """""""'" Table 2-Goals Summary Annual Action Plan 2013 Funding $100,000 $143,036 $1,424,773 (See Table 2A and 2B for breakdown) $90,000 '---······ Goal Outcome Indicator One senior center Public service activities other than Low/Moderate Income Housing Benefit: 2500 Persons Assisted Additional units are made available that were not previously on the market or substandard units are brought to code and HQS standards Number of persons that live in the North Beach Target Area 4 ~ 00 ....... Multi-family Rehabilitation Funding Douglas Gardens-Mayfair A/C Replacement I SOUTH Housing BEACH activities Housing Authority of the City of Miami Beach-Installation of SOUTH Housing Energy Efficient Lighting BEACH activities MB CDC-Multifamily Housing SOUTH Housing BEACH activities MB CDC-Rehabilitation of the Barclay Apartments I SOUTH I Housing BEACH activities 1 MB CDC-Scattered Sites ADA Compliance I SOUTH I Housing BEACH activities MB CDC-London House Apartments I SOUTH l Housing BEACH activities Table 2 A-CDBG Multi-family Rehabilitation Funding OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 213 Annual Action Plan 2013 Affordable I $30,500 Housing I Affordable I $40,000 Housing I Affordable I $60,506 Housing \ I Affordable $179,747 Housing I Affordable I $121,085 Housing I I Affordable $67,318 Housing 5 MBCDC-London House Apartments II I SOUTH I Housing Activities I Affordable i FY 13 HOME: BEACH Housing I $100,000 MBCDC-London House Apartments II I SOUTH I Housing Activities I Affordable I PREVIOUSLY BEACH Housing UNCOMMITIED FUNDS: $203,045 CarrFour-Harding Village I NORTH Housing Activities Affordable I HOME: BEACH Housing ~ $228,667 00 00 Miami Beach CDC-CHDO Operating CITYWIDE Housing Activities Housing HOME: Development Capacity Building $23,476 Miami Beach CDC-CHDO Set Aside CITYWIDE Housing Activities Housing HOME: Development Capacity Building $70,429 MB CDC-Villa Matti I SOUTH ) Housing Activities ) Affordable HOME: BEACH Housing $200,000 MB CDC-Barclay Apartments I SOUTH I Housing Activities I Affordable I HOME: BEACH Housing I. $925, Table 2B-HOME Multi-family Rehabilitation Funding Annual Action Plan 6 2013 OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 213 ~ 00 <0 Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215{b) The London II will create 18 units of low and extremely low-income housing and Harding Village will repair 75 units of housing for extremely low-income and formerly homeless persons. OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 213 Annual Action Plan 2013 7 ~ (Q 0 AP-38 Project Summary Project Summary Information Boys and Girls Club of Miami Juvenile Program City of Miami Beach Office of Community Services-, Emergency Services I Food for Life Network Home Delivered Meals for Persons with HIV/AIDS Jewish Community Services Case Management for Elderly and Homeless Programs. e Havana Activates Nutrition Center-Rainbow rgenerational Childcare Log Cabin Enterprises-Working Our Way to Independence Program MB CDC-Housing Based Public Services OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 213 Projects I SOUTH BEACH l Public service Youth Programs I CDBG: $14,500 activities CITYWIDE Public service Affordable Housing (Rent CDBG: $20,222 activities and utilities) I I 1 Food Cards NORTH BEACH I Public service 1 HIV/AIDS Programs I CDBG: $13,000 AREA activities SOUTH BEACH .I NORTH BEACH Public service 1 Senior Services I CDBG: $23,814 AREA activities SOUTH BEACH ! I SOUTH BEACH Public service 1 Childcare I CDBG: $25,000 activities NORTH BEACH Public service I Handicapped Services I CDBG: $10, AREA activities SOUTH BEACH Public service I Senior Services I CDBG: $14,500 activities Affordable Housing Public Services (General) Annual Action Plan 8 2013 ~ (Q ~ Rain Parents-Family Services SOUTH BEACH Public service activities UNIDAD of Miami Beach-Project Link NORTH BEACH Public service AREA activities -------City of Miami Beach-North Beach Code Enforcement NORTH Sustainable BEACH communities AREA City of Miami Beach-Administration of the CDBG Program CITYWIDE Planning and OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 213 Annual Action Plan 2013 General Program Administration Childcare CDBG: $13,000 • Youth Programs Senior Services Public Services (General) Childcare CDBG: $8,500 Youth Programs Senior Services Public Services (General) Code I CDBG: $90,000 Enforcement Planning and CDBG: $163,752 General Program Administration 9 ~ (Q f\) Douglas Gardens-Mayfair A/C Replacement I SOUTH I Housing activities I Affor~able I BEACH Housrng Housing Authority of the City of Miami Beach-Installation of SOUTH Housing activities Affordable I Energy Efficient Lighting BEACH Housing I JCS-Senior Center Improvements SOUTH Public facility Senior Services I BEACH activities MB CDC-Multifamily Housing I SOUTH Housing activities Affordable I BEACH Housing I MB CDC-Rehabilitation of the Barclay Apartments l SOUTH I Housing activities I Affor~able I BEACH Housrng I MB CDC-Scattered Sites ADA Compliance I SOUTH I Housing activities I Affor~able I BEACH Housrng MB CDC-London House Apartments I SOUTH I Housing activities I Affor~able I BEACH Housrng Table 3 Project Summary OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 2 13 Annual Action Plan 2013 CDBG: $30,500 CDBG: $40,000 CDBG: $100,000 CDBG: $60,506 CDBG: $179,747 CDBG: $121,085 CDBG: $67,318 10 MBCDC-London House Apartments II MBCDC-London House Apartments II CarrFour-Harding Village Miami Beach CDC-CHDO Operating ~ I (Q w Miami Beach CDC-CHDO Set Aside MB CDC-Villa Matti MB CDC-Barclay Apartments OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 2 13 I SOUTH I Housing Activities BEACH I SOUTH I Housing Activities BEACH I NORTH I Housing Activities BEACH CITYWIDE Housing Activities CITYWIDE Housing Activities I SOUTH I Housing Activities BEACH I SOUTH I Housing Activities BEACH Annual Action Plan 2013 l Affordable I FY 13 HOME: Housing I $100,000 I Affordable I PREVIOUSLY Housing UNCOMMITTED FUNDS: $203,045 I Affordable I HOME: Housing I $228,667 Housing I HOME: Development Capacity Building $23,476 Housing HOME: Development Capacity Building $70,429 I Affordable HOME: Housing I $200,000 I Affordable I HOME: Housing $100,000 11 ~ (Q ~ AP-35 Projects Introduction The FY 2013-2014 Action Plan addresses the needs identified in the FY 2013-2017 Consolidated Plan. Those needs include the following: • Public Facilities and Improvements • Senior Centers • Drainage Improvements • Public Services • Handicapped Services • Youth Services • Senior Services • Childcare • Homeless Services • Rental Housing Subsidies • Housing • Multi-family rehabilitation Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Allocation priorities are based on needs identified in the FY 2013-2017 Consolidated Plan. These priorities were identified through a series of meetings with the Community Development Advisory Committee. Obstacles to addressing underserved needs include a reduction in the City's HOME and SHIP allocations. OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 213 Annual Action Plan 2013 12 AP-50 Geographic Distribution Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The geographic areas of the entitlement where assistance will be directed are the North Beach and South Beach Target Areas. Geographic Distribution Tar SOUTH BEACH rcentage of Fu 1 Table 5 -Geographic Distribution Rationale for the priorities for allocating investments geographically The North Beach and South Beach Target Areas include the City's highest areas of low income concentration and poverty. OMB Control No: 2S06-0117 (exp. 07/31/2015) Rev 7 213 Annual Action Plan 2013 495 13 AP-55 Affordable Housing Introduction Affordable Housing One Year Goals for the Number of Households to be Supported Homeless 75 Non-Homeless Specia I-Needs Total Table 6 -One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Su Rental Assistance The Production of New Units Rehab of Existing Units Acquisition of Existing Units Total Table 7 -One Year Goals for Affordable Housing by Support Type Discussion 18 0 93 0 0 93 0 0 The rehabilitation of previously dilapidated building located in the South Beach Target area will provide additional units for larger families as it will include 2-and 3-bedroom units. The formerly homeless units are currently occupied, but are experiencing significant deterioration. Without assistance, these will become substandard housing units. OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 213 Annual Action Plan 2013 496 14 AP-60 Public Housing Introduction The City will partner with the Housing Authority of the City of Miami Beach to develop and rehabilitate public housing. Actions planned during the next year to address the needs to public housing The Housing Authority of the City of Miami Beach (HACMB) is undertaking initiatives to address energy efficiency, parking lot improvements, security surveillance enhancements, and resident activities. Actions to encourage public housing residents to become more involved in management and participate in homeownership The HACMB encourages public housing residents to participate in policy, procedure and program implementation and development through its Resident Advisory Board. The HACMB conducts a monthly Management/Resident meeting to encourage participation by the residents. The HACMB distributes a monthly newsletter to all public housing residents, which contains relevant agency news and information on available community resources. Homeownership is not applicable as Rebecca Towers South is an elderly-designated rental development. The HACMB's Board of Commissioners includes a public housing resident. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance NA OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 213 Annual Action Plan 2013 497 15 AP-65 Homeless and Other Special Needs Activities Introduction The City of Miami Beach will continue to work alongside its partners, including the Miami-Dade County Homeless Trust and the Continuum of Care (CoC) providers to align priorities and funding across the continuum for programs addressing the needs of Miami Beach residents experiencing or at risk of homelessness. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City of Miami Beach and the Miami-Dade County Homeless Trust fund homeless outreach teams to provide outreach to homeless people living on the streets. Each individual or family is assessed to determine their vulnerability and are linked to housing and other services. Addressing the emergency shelter and transitional housing needs of homeless persons The City of Miami Beach is funding 48 emergency shelter beds with $355,875 which includes case management and other supportive services. Miami Beach is also allocated 100 emergency shelter beds at no cost by the Miami-Dade County Homeless Trust for the chronically homeless, elderly, medically needy, families, individuals and unaccompanied youth. The City of Miami Beach receives $50,040 from the Trust for hotel/motel vouchers for families and transgender individuals when emergency shelter beds are not available. The City of Miami Beach Homeless Services staff consistently meets with the Miami-Dade County Homeless Trust and the Continuum of Care providers to assess demands for service and determine the efficacy of current efforts. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of Miami Beach Homeless Services Program engages homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) on the street via its Homeless Outreach Team (HOT). Many times HOT makes direct referrals to permanent housing. The HOT also participate in the coordinated outreach process, OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 213 Annual Action Plan 2013 498 16 another program funded by the Homeless Trust, which provides behavioral health outreach workers who work alongside others targeting chronically homeless persons. Once per month, the coordinated outreach process brings together all the CoC outreach teams ( including agencies like the Veterans Administration), to discuss issues encountered, and improve efforts to create and expand referrals to low demand and Housing First permanent housing programs for the chronically homeless. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The City of Miami Beach makes direct referrals to Camillus House's Homeless Prevention program funded by the Trust. The Homeless Prevention Program will provide emergency rental assistance to individuals and families who are at risk of homelessness, but do not qualify for other rental assistance programs. This one-time rental payment is made directly to the landlord. The Trust also provides funding to Citrus Health Network, Inc. for its Housing Assistance Network of Dade (HAND) program to administer its rapid re-housing programs and services to individuals and families who are at risk of homelessness. The program assists people to quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness. The County, through this program, expects to serve 488 households or individuals annually. OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 213 Annual Action Plan 2013 499 17 AP-75 Barriers to affordable housing Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment To help eliminate barriers to the development of affordable housing, the City has adopted certain policies that assist with the process: • Expedited permitting process for affordable housing projects • Reduced minimum unit size for affordable housing • Reduction in parking space requirements for affordable housing The City's Affordable Housing Advisory Committee is tasked on a triennial basis with assessing the City's incentives for affordable housing and making recommendations to the City Commission. OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 213 Annual Action Plan 2013 500 18 AP-85 Other Actions Introduction Other actions include the following: 1. Actions planned to address obstacles to meeting underserved needs; 2. Actions planned to foster and maintain affordable housing; 3. Actions planned to reduce lead-based paint hazards; 4. Actions planned to reduce the number of poverty-level families; 5. Actions planned to develop institutional structure; and 6. Actions planned to enhance coordination between public and private housing and social service agencies. 1. Actions planned to address obstacles to meeting underserved needs The City plans to plans to provide funding and technical assistance to its subrecipients to address the obstacles of people with underserved needs. 2. Actions planned to foster and maintain affordable housing Increasing decent affordable housing opportunities is a priority objective in the City. The City currently has programs such as first-time home buyer assistance and multi-family residential rehabilitation which are funded from CDBG, HOME and/or SHIP. Maintaining and increasing affordable rental properties is a priority of the City. Continuing to fund these activities and programs will remain a priority. As evidenced by the American Community Survey (ACS) and CHAS special tabulation data, the priority need in the City remains affordable rental housing. The highest priority continues to address the households that have very low income and are paying more than 50% of their income on housing needs and/or are living in substandard housing. The medium priority is assigned to households at 51% to 80% AMI, therefore having less severe issues. The lowest priority will be assigned to those households with incomes 80% AMI or greater. 3. Actions planned to reduce lead-based paint hazards The City of Miami Beach will continue to evaluate lead-based paint hazards by contacting the Miami Dade Health Department annually to determine whether any residents have been diagnosed with high levels of lead and where the housing units are located. As part of any City administered housing program, the City will ensure that all appropriate lead hazard disclosures, brochures and testing are done in compliance with Federal regulations for those homes that were built prior to 1978. If abatement is required, specifications by a certified lead contractor will be written and incorporated into rehabilitation specifications to be implemented by the City withCDBG/HOME funding. These actions will OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 2 13 Annual Action Plan 2013 501 19 prevent lead poisoning and hazards in the community. 4. Actions planned to reduce the number of poverty-level families The Anti-Poverty Plan is intended to increase incomes and job opportunities for low-income households. Miami Beach's economy relies on lower paying service-sector and seasonal tourism-oriented jobs. Many of these jobs are open to people with limited skills and low educational attainment. In response to the Welfare Reform Act, the City of Miami Beach focused its core to combat poverty and focused on the creation of secure, well-paying jobs. Implementation of these anti-poverty efforts remains a cooperative effort between the City, the local business community, community development agencies, nonprofit organizations, the City's designated CHDO, the Housing Authority of the City of Miami Beach, Inc., and other service organizations. A major objective of the City's economic development activities is the stimulation of economic revitalization and job creation by facilitating business development and expansion, job creation/retention, encouraging private development through public support, and carrying out housing and neighborhood revitalization. The development of convention-quality hotels is an economic development objective which is an example of business development that provides significant employment opportunities for persons entering the job market. The purpose of this strategy is to link individuals and families to the programs and services available to them and to build upon existing anti-poverty program infrastructure. External factors that impact the economy will have an impact on the resources and programs available to move individuals towards economic self-sufficiency as well as available jobs. These factors can also have an impact on affordable housing. However, even with negative external factors, the overall goals, objectives/policies will remain the same as programs and activities are adapted to reflect market change. The City will continuously seek out opportunities that support or improve its anti-poverty strategy. The City will also fund childcare, youth and senior programs to reduce the number of poverty-level families. 5. Actions planned to develop institutional structure While the Office of Real Estate, Housing and Community Development serves as the lead agency, the One-Year Action Plan is implemented with the assistance of various non-profit social service providers, the Miami Beach Community Development Corporation, the Housing Authority ofthe City of Miami Beach, and various other for-profit entities. 6. Actions planned to enhance coordination between public and private housing and social service agencies The City is enhancing coordination between Miami Beach CDC, the HACMB and social service agencies. OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 213 Annual Action Plan 2013 502 20 Program Specific Requirements AP-90 Program Specific Requirements Introduction Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220.(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 3. The amount of surplus funds from urban renewal settlements 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 5. The amount of income from float-funded activities Total Program Income: Other CDBG Requirements 1. The amount of urgent need activities 0 0 0 0 0 0 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit-A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 70.00% HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220.(1)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: N/A OMB Control No: 2506-0117 (exp. 07/31/2015) Rev 7 213 Annual Action Plan 2013 503 21 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: The homebuyers will be required to maintain the property as their primary residence throughout the period of affordability. If the property is sold, transferred, rented, or is otherwise no longer the primary residence, then full repayment ofthe HOME assistance is required. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: The period of affordability will meet or exceed the HOME requirement. To coincide with programs funded from other sources, all assistance will require a fifteen (15) year affordability period. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description ofthe refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: N/A OMB Control No: 2506-0117 (exp. 07/31/2015} Rev 7 213 Annual Action Plan 2013 504 22 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CITY'S ONE-YEAR ACTION PLAN FOR FEDERAL FUNDS FOR FISCAL YEAR 2013/2014, WHICH INCLUDES THE BUDGETS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGAM, THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM, THE FISCAL YEAR 2012/2013 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AND VALUE ADDED ENHANCEMENT FUNDS; AMENDING THE FY 1994-2011 ACTION PLANS, AUTHORIZING THE CITY MANAGER TO MAKE MINOR NON-SUBSTANTIVE CHANGES TO THE ONE-YEAR ACTION PLAN OR RESULTING AGREEMENTS BEFORE EXECUTION (WHICH MAY BE IDENTIFIED DURING THE FINALIZATION AND/OR REVIEW PROCESS, AND WHICH DO NOT AFFECT THE PURPOSE, SCOPE, APPROVED BUDGET AND/OR INTENT OF THE PLAN); AUTHORIZING THE CITY MANAGER TO EXTEND THE EXPIRATION DATES OF SAID AGREEMENTS WHEN NECESSARY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS AND SUBMIT THE ONE-YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS FOR SUB-RECIPIENTS OF CDBG, HOME, SHIP AND VALUE ADDED ENHANCEMENT FUNDS; AND AUTHORIZING THE APPROPRIATION OF ALL FEDERAL AND STATE FUNDS WHEN RECEIVED. WHEREAS, the City is an entitlement recipient of Federal formula HUD grant programs as follows: Community Development Block Grant (CDBG) funds, and HOME Investment funds (HOME); and WHEREAS, the City expects to continue to receive entitlement funds from these grant programs to operate the City's housing and community development activities; and WHEREAS, the One-Year Action Plan for Federal funds is a requirement under the U.S. Department of Housing and Urban Development (HUD) formula grant programs, which include the Community Development Block Grant (CDBG) Program and the HOME Investment Partnership (HOME) Program; and WHEREAS, the attached One-Year (FY 2013/2014) Action Plan is based upon the City's Federal entitlement of $953,576 in CDBG Program funds and $69,332 of CDBG prior year CDBG funds, $469,525 in HOME Program funds and $503,045 of prior year uncommitted HOME funds; and 505 WHEREAS, the City will be receiving $21,895 in SHIP FY 2012/2013 (non- Federal) funds; and WHEREAS, the City will be receiving $15,000 of Value Added Enhancement funds for Marine and Child-Related Recipients; and WHEREAS, the City will amend its FY 1994-2011 Action Plans; and WHEREAS, a comprehensive planning phase was initiated by the City on March 28, 2013, with the issuance of two Request for Applications (RFA), one for CDBG and one for HOME and SHIP combined; and WHEREAS, meetings of the Community Development Advisory Committee (CDAC) were held on May 1 , May 8, and May 30, 2013, respectively, to review, rank and make recommendations regarding nineteen (19) written applications received for CDBG funds and two (2) written applications for HOME funds; and WHEREAS, the sole application for SHIP funds was deemed responsive and in compliance with State SHIP rules; and WHEREAS, the resulting CDBG and HOME_ recommendations have been incorporated in the attached One-Year (FY 2013/2014) Action Plan; and WHEREAS, a draft One-Year (FY2013/14) Action Plan was made available to the public for a 30-day public review and comment period, from June 13, 2013, through July 12, 2013, and two public meetings were held on May 30, 2013, and June 19, 2013, to obtain citizen input and determine the priorities and needs for housing and community development; and WHEREAS, while CDBG funds are primarily used to provide vital public services, housing activities, code enforcement, youth centers and senior centers, HOME Program funds have been used for affordable rental housing activities and first time homeownership opportunities; and WHEREAS, the City is required to set aside a minimum of 15% of its HOME funds allocation to a qualified Community Housing Development Organization (CHDO) project; and WHEREAS, the City Manager is the HUD designated agent for all formula grants, and executes the grant applications, the Agreements, and other applicable HUD documents on behalf of the City, and WHEREAS, the One-Year Action Plan must be submitted to HUD no later than August 15, 2013. 506 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 adopt the City's One-Year Action Plan for Federal Funds for Fiscal Year 2013/2014, which includes the budgets for the Community Development Block Grant (CDBG) Program, the HOME Investment Partnership (HOME) Program and the SHIP program; amend the FY 1994-2011 Action Plans; authorize the City Manager to make minor non-substantive changes to the One-Year Action Plan or resulting agreements before execution (which may be identified during the finalization and/or review process and which do not affect the purpose, scope, approved budget and/or intent of the Plan); authorize the City Manager to extend the expiration dates of said agreements when necessary; authorize the City Manager to execute all applicable documents and submit the One-Year Action Plan to the U.S. Department of Housing and Urban Development (HUD); further authorizing the Mayor and City Clerk to execute agreements for sub-recipients of CDBG, HOME, SHIP and Value Added Enhancement funds; and authorizing the appropriation of all Federal and State funds when received. PASSED AND ADOPTED this ___ day of _______ , 2013. ATTEST: CITY CLERK 507 MAYOR APPROVED AS TO FORM & LANGUAGE &FOR CUTION COMMISSION ITEM SUMMARY Supporting Data {Surveys, Environmental Scan, etc.): Based on the Strategic Plan 2011 Update, the number of affordable housing units is 4,743. Issue: Shall the City approve an amendment extending the expiration date of the NSP1-related contract with the State DEO from August 15, 2013, to February 15, 2014, in order to fully expend administrative funding on an NSP1-eligible activity as originally intended by the program? Item Summary/Recommendation: The U.S. Housing and Economic Recovery Act of 2008 created the Neighborhood Stabilization Program (NSP1), which directed HUD to allocate $3.93 billion to states and units of local government as emergency assistance for the purchase and redevelopment of abandoned and foreclosed homes. Miami Beach applied for NSP1 funds for the purchase and rehabilitation of one or more multi-family buildings to be kept as rental properties to benefit income-qualified households in accordance with the NSP1 regulations and was awarded a total of $9,305,268 through an initial allocation plus two subsequent allocations. The State DEO is the pass-through entity handling HUD's NSP1 allocation to the City. The initial allocation to the City in the amount of $2,549,551 was formula-based. The second and third allocations in the amounts of $4,755,717 and $2,000,000, respectively, were awarded to the City after the original recipients, Apopka and Clearwater, failed to meet the program's benchmarks. The City consistently demonstrated above-average performance. The City entered into a grant agreement with the State, and after conducting a procurement process for award of the first allocation, entered into a related agreement with MBCDC. Both Agreements were subsequently amended to accept and govern the second and third allocations of funding. Both Agreements currently expire on August 15, 2013. From each of the three allocations, totaling $9,305,268, the City was allowed to use a maximum of 6.8% for administrative expenses. Therefore, a total of $632,758 was allocated for administration expenses and $8,672,510 for NSP1 project development. Three foreclosed buildings were acquired by MBCDC pursuant to the NSP1 guidelines. The Madeleine, a 16-unit building located at 7871 Crespi Boulevard.; The Neptune, a 35-unit building located at 1632 Meridian Avenue; and The Lottie a nine-unit building located at 530 75 Street. Upon receiving a request from MBCDC for the use of the unspent administration funds, the Administration had extensive discussions with the State DEO representatives regarding the eligible uses of the unspent administrative funds. DEO informed the City that the unexpended administrative funds can be loaned to MBCDC for either debt reduction on The Neptune Apartments, or to establish an operating reserves account for the 60 units. At that time the Administration recommended reprogramming of the remaining unspent administrative funds to reduce the debt service at The Neptune Apartments, which would result in a proportionate rent reduction to the upcoming tenants. The Administration presented a cost analysis of the recommended use of the unspent administrative funds to the Finance and Citywide Projects Committee, which was approved on November 9, 2012. On November 14, 2012 as the item was on the floor at the City Commission meeting, DEO staff called to announce their plan to extend open contracts in six month intervals, until the National Objective is met by renting all units and close-out instructions are released by HUD. Therefore, DEO staff recommended not to loan the funds to The Neptune until the units were fully rented. Consequently, City staff amended the agenda item on the floor to solely request an extension of both contracts through February 15, 2013. The request was approved per Resolution No. 2012-28063. As of April 24, 2013 all three projects were completed and fully rented. The Administration has determined that it is no longer necessary to pay down the debt service at The Neptune, as the building is fully rented. Therefore, we are proposing to use the additional time afforded through the extension to devise an alternate strategy that will fully leverage remaining funds on the community's behalf. As of May 1, 2013, unexpended administrative funds were approximately $222,000. The State DEO has asked the City to extend the time of the agreement to comply with NPS1 close-out instructions and to resolve the pending issue of the City's unspent administrative funding. Extending the State Agreement an additional six months will enable the Administration to find an NSP1-eligible activity and expend the funds as intended by the program. Advisory Board Recommendation: I N/A Financial Information: Amount Account Approved 1 $220,000.00 138-5668-XXXXXX. 2 Total MLR JLM T:\AGENDA\2013\July 17\NSP1 Agreement Exte MIAMI BEACH c., 7 w l-/7 ... /3 508 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: July 17, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 6 TO THE NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) SUBGRANT AGREEMENT BETWEEN THE CITY AND THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) MODIFYING THE EXPIRATION DATE OF THE SUBGRANT AGREEMENT, FROM AUGUST 15, 2013, TO FEBRUARY 15, 2014. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS On July 31, 2008, the United States Congress enacted the Housing and Economic Recovery Act of 2008, thereby creating the Neighborhood Stabilization Program, which directed the Department of Housing and Urban Development (HUD) to allocate $3.93 billion to states and units of local government as emergency· assistance for the purchase and redevelopment of abandoned and foreclosed homes. Resolution No. 2009-27039 was adopted by the City Commission on March 18, 2009, approving the City's application for and planned use of NSP1 funds for the purchase and rehabilitation of one or more multi-family buildings to be kept as rental properties to benefit income-qualified households in accordance with the NSP1 regulations, with an end goal of stabilizing neighborhoods impacted by foreclosures. On September 9, 2009, the City approved Resolution No. 2009-27175 authorizing the execution of the Federally-funded Subgrant Agreement with DCA ("State Agreement") for the amount of $2,549,551. After the Administration conducted a duly-noticed procurement process for the award of the first allocation, the City Commission approved on September 9, 2009, Resolution No. 2009-27194 authorizing the execution of an Agreement with Miami Beach Community Development Corporation (MBCDC) to carry out the City's planned use of, and application for, NSP1 funds ("MBCDC Agreement"). The initial strategy was to fund the acquisition and rehabilitation of one affordable housing project. MBCDC identified the 16-unit building located at 7871 Crespi Boulevard, which was later named The Madeleine. 509 CITY OF MIAMI BEACH NSP1 Agreement Extension Page 2 of 3 The City of Miami Beach was awarded a total of $9,305,268 in NSP1 funds through an initial allocation plus two subsequent allocations. The State's Department of Community Affairs (DCA), now known as the Department of Economic Opportunity (DEO), is the pass-through entity handling HUD's NSP1 allocation to the City. The initial allocation to the City in the amount of $2,549,551 was formula-based. The second and third allocations in the amounts of $4,755,717 and $2,000,000, respectively, were awarded to the City after the original recipients, Apopka and Clearwater, failed to meet the program's benchmarks. Conversely, the City of Miami Beach consistently demonstrated above-average performance. On February 3, 2010, pursuant to Resolution No. 2010-27335, the State Agreement for the first allocation was subsequently amended to include the two additional allocations in the amounts of $4,755,717 and $2,000,000 which were awarded on March 24, 2010, and July 30, 2010, respectively. From each of the allocations, now totaling $9,305,268, the City was allowed to use a maximum of 6.8% for administrative expenses. Therefore, a total gJf $632,758 was allocated for administration expenses and $8,672,510 for NSP1 project development. Also, on February 3, 2010, pursuant to the same resolution noted above, the MBCDC Agreement was amended to allow for the allocation of additional NSP1 funds received by the City. The additional acquisition and rehabilitation funds resulting from the second and third allocations were authorized for the acquisition and rehabilitation of The Neptune, a 35-unit foreclosed apartment building located at 1632 Meridian Avenue; and The Lottie, a nine-unit foreclosed apartment building which contains large apartments suitable for families, located at 530 75 Street. Including the additional funding, a total of 60 units were purchased and rehabilitated for income-eligible Miami Beach residents. As of October 15, 2012, only 23 out of 35 units (66%) in The Neptune Apartments had been occupied. Although there was an extensive waiting list for affordable housing, MBCDC asserted that not many individuals were able to pay the rents established to cover the operating costs of the building. A total of 18 units have been allocated for individuals with incomes at or below 50% of the Area Medium Income (AMI), which is currently $52,600 in Miami-Dade County. The remaining 17 units are allocated for individuals with incomes up to 120% of AMI, creating a small mixed income community. Hence, MBCDC submitted a request for the use of the unspent administration funds to pay down the debt service at The Neptune in order to reduce the rents and occupy the units timely. The Administration had extensive discussions with the State DEO representatives regarding the eligible uses of the unspent administrative funds. DEO informed the City that the unexpended administrative funds can be loaned to MBCDC as requested, or the establishment of an operating reserves account for the 60 units were eligible uses. At the time, the Administration recommended reprogramming of the remaining unspent administrative funds to reduce the debt service at The Neptune Apartments, which would result in a proportionate rent reduction to the upcoming tenants, predicated on the fact that the building had yet to reach full tenancy. The proposed plan of the unspent administrative funds was approved by the State DEO staff. The Administration presented an analysis of the recommended use of the unspent administrative funds to the Finance and Citywide Projects Committee at its November 9, 2012. The proposal was subsequently approved by the Committee. On November 14, 2012 as the item was on the floor at the City Commission meeting, DEO staff called to announce its plan to extend open contracts in six month intervals, until the National Objective is met and close-out instructions are released by HUD. Therefore, DEO staff recommended the City continue to expend the administrative funds as originally allocated until a National Objective is met. Consequently, City staff amended the agenda item on the floor to solely request an extension of both contracts through February 15, 2013. The request was 510 CITY OF MIAMI BEACH NSP1 Agreement Extension Page 3 of 3 approved per Resolution No. 2012-28063. As of January 31, 2013, all three projects were substantially complete and 65% of the units were occupied. Therefore, on February 6, 2013, pursuant to Resolution No. 2013-28139, both contracts were further extended through August 15, 2013. As of April 1, 2013, all units were rented, reaching 100% occupancy and meeting a National Objective. The Madeleine received a Certificate of Occupancy (CO) on October 11, 2012; The Neptune received a CO on November 15, 2012; and The Lottie received a Temporary CO on November 21, 2012, and a CO on April 24, 2013. Consequently, the request submitted by MBCDC for the use of the unspent administrative funds to pay down the debt service at The Neptune is no longer pertinent, as the conditions which lead to the request have changed considerably. As of May 1, 2013, the rema1n1ng unexpended administrative funds were approximately $222,000. The State DEO has requested that the City's contract be extended through February 15, 2014, in order to close out the grant and resolve the pending issue of the City's unspent administrative funding. The Administration has determined that it is no longer necessary to pay down the debt service at The Neptune, as the building is fully rented. Extending the State Agreement an additional six months will enable the Administration to find an NSP1-eligible activity and expend the funds as intended by the program. CONCLUSION The Administration requests extending the City's Agreement with the State DEO to reflect a new expiration date of February 15, 2014, and further recommends that the Mayor and City Commission authorize Amendment No. 6 to the Subgrant Agreement between the State of Florida DEO and the City modifying the expiration date of the Subgrant Agreement from August 15, 2013 to February 15, 2014. JLM/KGB/MR!rs ro 511 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. 6 TO THE NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) SUBGRANT AGREEMENT BETWEEN THE CITY AND THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) MODIFYING THE EXPIRATION DATE OF THE SUBGRANT AGREEMENT, FROM AUGUST 15,2013, TO FEBRUARY 15,2014. WHEREAS, on July 31, 2008, the United States Congress enacted the Housing and Economic Recovery Act of 2008, thereby creating the Neighborhood Stabilization Program 1 (NSP1 ), which directed the Department of Housing and Urban Development (HUD) to allocate $3.93 billion to states and units of local government as emergency assistance for the purchase and redevelopment of abandoned and foreclosed homes; and WHEREAS, on March 18, 2009, the City approved Resolution No. 2009-27039, approving the City's planned use of and application of NSP1 funds to purchase and rehabilitate one or more foreclosed or abandoned multi-family buildings to be made available as rental housing properties for income-qualified households; and WHEREAS, the City was awarded a total of $9,305,268 in NSP1 funds through an initial allocation plus two subsequent allocations; and WHEREAS, the State of Florida Department of Economic Development (DEO) is the entity managing the NSP1 allocation to the City of Miami Beach; and WHEREAS, the Administration conducted a duly-noticed procurement process for award of the first allocation, resulting in the City Commission's approval on September 9, 2009, of Resolution No. 2009-27194 which authorizing the execution of an Agreement with Miami Beach Community Development Corporation to carry out the City's planned use of, and application for, NSP1 funds ("MBCDC Agreement"); and WHEREAS, the initial strategy resulted in the acquisition and rehabilitation of one affordable housing project, specifically a 16-unit foreclosed building located at 7871 Crespi Boulevard, which was later named The Madeleine; and WHEREAS, on February 3, 2010, the City's Agreement with MBCDC was amended per Resolution No. 2010-27335, to allow for the allocation of additional NSP1 funds received by the City; and WHEREAS, the additional funds resulting from the second and third allocations were authorized for the acquisition and rehabilitation of The Neptune, a 35-unit foreclosed apartment building located at 1632 Meridian Avenue, and The Lottie, a nine-unit foreclosed apartment building, located at 530 75 Street, which contains large apartments and is suitable for families; WHEREAS, the City was allowed to use a maximum of 6.8% of the total NSP1 allocation for administrative expenses, resulting in a total of $632,758 being allocated for administrative expenses, and $8,672,510 being allocated for NSP1 project development; and WHEREAS, MBCDC provided an analysis demonstrating that if the current debt service is reduced, the reduction of the rents for 17 of the units may continue to be rented for $620 per month, instead of the HUD-approved maximum rent of $722; and 512 WHEREAS, such analysis was presented to and approved by the Finance and Citywide Projects Committee on November 9, 2012, and was predicated upon the building not being fully leased; and WHEREAS, at the November 14, 2012 City Commission meeting both of the City's contracts were extended through February 15, 2013, pursuant to Resolution No. 2012-28063; and WHEREAS, on February 6, 2013, pursuant to Resolution No. 2013-28139, both contracts were extended through August 15, 2013; and WHEREAS, as of April 1, 2013, all three projects were 100% leased, meeting a National Objective; and WHEREAS, as of April24, 2013, all three projects had received a Certificate of Occupancy; and WHEREAS, as of May 1, 2013, the remaining unexpended administrative funds were approximately $222,000; and WHEREAS, the State's DEO has requested that the City's contract be extended an additional six-months, thru February 15, 2014, in order to close out the grant, and resolve the pending issue of the City's unspent administrative funding; and WHEREAS, the Administration has determined that it is no longer necessary to pay down the debt service at The Neptune, as the building is fully rented; and WHEREAS, the Administration concurs with the six-month extension, which will also enable the Administration to find an NSP1-eligible activity and expend the remaining funds. 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 the City Clerk to execute Amendment No. 6 to the Subgrant Agreement between the City and the State of Florida Department of Economic Development (DEO) modifying the expiration date of the Subgrant Agreement, from August 15, 2013, to February 15, 2014. PASSED AND ADOPTED this ___ day of _______ ,, 2013. ATTEST: CITY CLERK MAYOR 513 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ') ' t,lt1~l) COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and authorizing the City Manager to execute a month-to-month extension of the City's contract with the Salvation Army, for the provision of thirty-one (31) shelter beds to be used to provide emergency shelter to the City's homeless population. Key Intended Outcome Supported: Reduce the number of homeless Supporting Data (Surveys, Environmental Scan, etc.): Addressing homelessness received "excellent" or 'good" ratings from 42% of residents interviewed in the 2012 Community Satisfaction Survey. Issue: Shall the City enter into a month-to-month agreement with the Salvation Army for thirty-one emergency snE:mer 01ea~; 1 for homeless individuals and families? Item Summary/Recommendation: The City has contracted for 31 shelter beds for individual males, females, and families at the Salvation Army since 2003 pursuant to Resolution No. 2003-25387, which authorized the execution of an agreement with the Salvation Army to provide emergency shelter placements to homeless individuals who are willing to accept in services. That Agreement expired November 30, 2004, and subsequent agreements were approved, the most recent of which was approved on September 14, 2011 by Resolution No. 2011-27724 for a two (2) year term expiring on September 30, 2013. The City is currently exploring options which include partnering with the County or releasing a formal solicitation to ensure continuous provision of such services. To ensure there is no interruption in services, the Administration recommends that a month-to-month agreement be authorized and executed in order to guarantee emergency shelter beds for men, women, and families, when necessary. The Homeless Services Program served 868 homeless persons in FY 2011/2012. In order to continue and enhance the City's homeless outreach and placement, there is a need for stable and continuous relationships with existing shelter bed providers to ensure there is no interruption in services, and that beds are available when the need arises. The City currently also funds 15 male beds the Miami Rescue Mission and two medically-supported beds at Citrus Health Network. There are no emergency shelter bed providers in the City. The Miami-Dade County Homeless Trust, through its Continuum of Care, allows the City to utilize emergency beds, at no cost, at the Miami Rescue Mission, Harbor House, and the Homeless Assistance Center (HAC) on an "as-available" basis. The Salvation Army is a homeless shelter which provides emergency beds, meals, basic case management, laundry services, job placement assistance, and drug treatment services. Requests for mental health assessments and evaluations are referred to outside organizations. Historically, on an annual basis, the Salvation Army beds are occupied at an average of97%. Under the extension period, the cost of shelter beds at the Salvation Army will remain $20 per bed, per day. The Administration recommends the City Commission approve the extension of the contract. Advisory Board Recommendation: I N/A Financial Information: Source of Amount F $19,220* $19,220 Financial Impact Summary: *Monthly cost MIAMI BEACH 514 AGENDA ITEM DATE c7X 1--17-13 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M City Commission DATE: July 17, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MONTH-TO-MONTH EXTENSION OF THE CITY'S CONTRACT WITH THE SALVATION ARMY, FOR THE PROVISION OF THIRTY-ONE (31} SHELTER BEDS TO BE USED TO PROVIDE EMERGENCY SHELTER TO THE CITY'S HOMELESS POPULATION, AT A COST OF $19,220 PER MONTH, WITH SUCH EXTENSION COMMENCING ON OCTOBER 1, 2013, AND ENDING AT SUCH TIME THAT A NEW CONTRACT FOR THE PROVISION OF SUCH SERVICES IS APPROVED AND EXECUTED. ADMINISTRATION RECOMMENDATION Approve the extension of the contract. ANALYSIS The City has utilized and paid for homeless shelter beds at the Salvation Army since 2003 pursuant to Resolution No. 2003-25387 which waived competitive bidding and authorized the City Manager to execute an agreement with the Salvation Army and other homeless housing providers. The resolution further authorized the Administration to add other homeless shelter providers as they become available and as funding is identified in order to provide emergency shelter beds for the City's homeless population. The Salvation Army is a homeless shelter facility for men, women, and families that provide shelter, meals, case management, supervision, laundry services, and clothing when necessary. Requests for mental health assessments and evaluations are referred to outside organizations. The original 2003 Salvation Army Agreement expired November 30, 2004, and subsequent agreements were approved, the most recent of which was approved on September 14, 2011 (Resolution Number 2011-27724) for a two (2) year term. The current Agreement expires September 30, 2013. The Homeless Services Program served 868 homeless persons in FY 2011/2012. In order to continue to enhance the City's homeless outreach and placement, there is a need for stable and continuous relationships with existing shelter bed providers to ensure there is no interruption in services, and that beds are available when the need arises (when placement is accepted by a homeless person). The City currently also funds 15 male beds the Miami Rescue Mission and two medically-supported beds at Citrus Health Network. There are no emergency shelter bed providers in the City. The Miami-Dade County Homeless Trust, through its Continuum of Care, allows the City to utilize emergency beds, at no cost, at the Miami Rescue Mission, Harbor House, and the Homeless Assistance Center (HAC) on an as-available basis; we are often unable to access those beds. 515 City Commission Memorandum Salvation Army Agreement July 17, 2013 Page2 Historically, on an annual basis, the Salvation Army beds are occupied at an average of 97%. The cost of beds at the Salvation Army under the current contract is $20 per bed per day. Under the extension period, the cost of shelter beds at the Salvation Army will remain $20 per bed, per day, and continue to include the same level of services currently offered. Occupancy of the City's contracted 15 male beds at the Miami Rescue Mission and the two medically-supported beds at Citrus Health network for persons with substance abuse and/or mental health issues are at or near capacity on a daily basis. This indicates a strong need to contract with other providers that can offer identical or similar emergency shelter beds with case management services. The City is currently exploring options which include partnering with the County or releasing a formal solicitation to ensure continuous provision of such services. The agreement with the Salvation Army expires September 30, 2013. In order avoid a gap in services, the Administration recommends that a month-to-month agreement be authorized and executed effective October 1, 2013 in order to guarantee emergency shelter beds for men, women, and families, when necessary. In an effort to continue to enhance the City's homeless outreach and placement, a need for stable and continuous relationships with existing shelter bed providers is needed in order to ensure that there is no service interruption and beds are available when homeless persons agree to services. CONCLUSION In light of the continuing homeless outreach efforts and the existing relationship with the Salvation Army, which provides shelter, meals, basic case management, supervision, laundry services, and clothing to homeless males, females, and families placed by the City, the Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve and authorize the City Manager to execute a month-to-month extension of the City's contract with the Salvation Army, for the provision of thirty-one (31) shelter beds to be used to provide emergency shelter to the City's homeless population, at a cost of $19,220 per month, with such extension commencing on October 1, 2013, and ending at such time that a new contract for the provision of such services is approved and executed. T:\AGENDA\2013\July 17\Salvation Anny Month-to-Month Contract Memo.doc 516 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MONTH-TO-MONTH EXTENSION OF THE CITY'S CONTRACT WITH THE SALVATION ARMY, FOR THE PROVISION OF THIRTY-ONE (31) SHELTER BEDS TO BE USED TO PROVIDE EMERGENCY SHELTER TO THE CITY'S HOMELESS POPULATION, AT A COST OF $19,220 PER MONTH, WITH SUCH EXTENSION COMMENCING ON OCTOBER 1, 2013, AND ENDING AT SUCH TIME THAT A NEW CONTRACT FOR THE PROVISION OF SUCH SERVICES IS APPROVED AND EXECUTED. WHEREAS, on October 15, 2003, via Resolution 2003-25387, the City Commission waived competitive bidding and authorized the City Manager to execute an Agreement with the Salvation Army and other homeless shelter providers, as they become available and as funding is identified, to provide emergency shelter beds for the City's homeless population; and WHEREAS, on October 7, 2008, via Resolution No. 2008-26913, the City Commission approved and authorized the City Manager and City Clerk to execute a subsequent Agreement with Salvation Army, Inc., for the provision of thirty-one (31) emergency shelter beds for the City's homeless population; and WHEREAS, the current contract expires September 30, 2013; and WHEREAS, the City's Homeless Services Programs of the Office of Real Estate, Housing & Community Development served 868 homeless persons in FY 2011/2012; and WHEREAS, on an annual basis, the Salvation Army shelter beds are occupied at an average of 97%; and WHEREAS, occupancy of the City's other contracted 15 beds at the Miami Rescue Mission, which provides shelter only for males; and the two medically-supported beds at Citrus Health Network, are at or near 100% on a daily basis, which indicates a strong need to contract with other providers that can offer other emergency shelter beds when necessary; and WHEREAS, the City is currently exploring options which include partnering with the County or releasing a formal solicitation to ensure continuous provision of emergency shelter beds; and WHEREAS, in an effort to continue to enhance the City's homeless outreach and placement, a need for stable and continuous relationships with existing shelter bed providers is needed in order to ensure that there is no service interruption and beds are available when homeless persons agree to services, and WHEREAS, the Administration recommends that the City enter into a month-to-month extension of the current Agreement with the Salvation Army for 31 guaranteed beds, at the fee 517 of $20 per bed, per day, for a maximum of $19,220 per month, until such time that a new contract for the provision of such services is approved and executed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the City Manager to execute a month-to-month extension of the City's contract with the Salvation Army, for the provision of thirty-one (31) shelter beds to be used to provide emergency shelter to the City's homeless population, at a cost of $19,220 per month, with such extension commencing on October 1, 2013, and ending at such time that a new contract for the provision of such services is approved and executed. PASSED AND ADOPTED this ___ day of __ 2013. ATTEST: CITY CLERK MAYOR 518 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION <1 \\\ \~ ~ THIS PAGE INTENTIONALLY LEFT BLANK 519 COMMISSION ITEM SUMMARY Condensed Title: A Resolution retroactively authorizing the acceptance of $8,688 dollars in sponsorships made to the C for the annual Fourth of Jul celebration, a free event. Key Intended Outcome Supported: Increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey reported that 66% of all resident respondents felts that the number of family friendly activities and cultural activities are "about right". Additionally, on average, residents attended 15 cultural activities per year and 13 family friendly activities per year. These indicate increased satisfaction from the 2009 survey. Issue: hould the City accept sponsorships for July Fourth? Item Summary/Recommendation: In 1991, the City of Miami Beach launched the first "An American Celebration" as a means to attract more visitors to this area during the 4th of July. This celebration, due to its great success, has been carried on year after year as a vehicle to continue to bring more visitors to the city. In order to generate interest in all areas of the city, the event's location used to alternates between the North Beach community (72nd Street beach front) and the South Beach Community (Ocean Drive Beach Front) areas. When taking place in North Beach, the fireworks were discharged from a barge in the Atlantic Ocean. Unfortunately, due to the extremely high costs of procuring a barge, the City has produced the July 4th event from South Beach since 2007. However, the City has implemented a free shuttle from North Beach. On July 4th, 2013, the City of Miami Beach hosted its 20th annual July 4th celebration. The event took place at 8th Street east of Ocean Drive at Lummus park. This year's program entitled "Coca-Cola Presents Fire on the Fourth, Brought to You by the City of Miami Beach And Classical South Florida Radio" featured a performance from Nicole Henry. The City also partnered with Classical South Florida Radio 89.7 FM to broadcast the program live on the radio. The fireworks show was accompanied by patriotic melodies compiled by Classical South Florida. The program began at noon with the aforementioned performances followed by a sixteen (16) minute firework show at 9pm. July 4th is an all day event and it was open to the general public at no charge. Advisory Board Recommendation: IN/A Amount 1 $8,688 011.9322.000352 OBPI Total Financial Impact Summary: These sponsors are providing a total of $8,688 in funding and in-kind contributions to offset the costs for July 4th. MIAMI BEACH 520 AGENDAITEM C/ )I DATE 7-t7-(~ 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 y Commission FROM: Jimmy L. Morales, City Manager DATE: July 17, 2013 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING AND AUTHORIZING THE ACCEPTANCE OF $8,688 DOLLARS IN SPONSORSHIPS MADE TO THE CITY FOR THE ANNUAL FOURTH OF JULY CELEBRATION, A FREE EVENT. ADMINISTRATION RECOMMENDATION Adopt the resolution. FUNDING Donations (including Sponsorships) made to the City for the July 4, 2012 event will be expended from 011.9322.00352. ANALYSIS In 1991, the City of Miami Beach launched the first "An American Celebration" as a means to attract more visitors to this area during the 4th of July. This celebration, due to its great success, has been carried on year after year as a vehicle to continue to bring more visitors to the city. In order to generate interest in all areas of the city, the event's location used to alternates between the North Beach community (72nd Street beach front) and the South Beach Community (Ocean Drive Beach Front) areas. When taking place in North Beach, the fireworks were discharged from a barge in the Atlantic Ocean. Unfortunately, due to the extremely high costs of procuring a barge, the City has produced the July 4th event from South Beach since 2007. However, the City provides FREE transportation from the 72nd Street and 81 st Street parking lots in North Beach. On July 41h, 2013, the City of Miami Beach hosted its 20th annual July 4th celebration. The event took place at 8th Street east of Ocean Drive at Lummus park. This year's program entitled "Coca-Cola Presents Fire on the Fourth, Brought to You by the City of Miami Beach And Classical South Florida Radio" featured a performance by Nicole Henry. The City also partnered with Classical South Florida Radio 89.7 FM to broadcast the program live on the radio. The fireworks show was accompanied by patriotic melodies compiled by Classical South Florida. The program began at noon with the aforementioned performances followed by a sixteen (16) minute firework show at 9pm. July 4th is an all day event and it is open to the general public at no charge. Marketing efforts for this event include PSAs and printed ads starting a month prior to the event. The media plan included news and local programming coverage for the event, including MB77, the Miami Beach government channel, as well as radio, television, and newspaper calendars around South Florida. 521 July 4th July 17, 2013 City Commission Meeting Page 2 of 2 The City secured the following sponsors for the event at varying levels of support: o Coca-Cola o Classical South Florida Radio o Car2Go o MB Coalition This year's media sponsors included: 1. The Miami Herald, El Nuevo Herald and Miami.com 2. The Miami New Times 3. Classical South Florida 4. Atlantic Broadband 5. Welcome Channel CONCLUSION Staff worked diligently to identify funding sources to off-set the costs of producing this event. The Administration recommends the adoption of the attached Resolution authorizing the acceptance of these donations, their appropriation to cover costs of July 4th. JLM/KGBMAS T:\AGENDA\2013\July 17\July 4th Sponsorship Acceptance Memo.doc 522 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING AND AUTHORIZING THE ACCEPTANCE OF $8,688 DOLLARS IN SPONSORSHIPS MADE TO THE CITY FOR THE ANNUAL FOURTH OF JULY CELEBRATION, A FREE EVENT. WHEREAS, in 1991, the City of Miami Beach launched the first "An American Celebration" as a means to attract more visitors to this area during the 4th of July; and WHEREAS, this celebration has been carried out year after year as a vehicle to continue to bring more visitors to the city; and WHEREAS, the event includes performances for the public and a fireworks show, all free of charge; and WHEREAS, in furtherance of the City's July 4th 2013 event, following entities made contributions to the City and were recognized as event sponsors: o Coca-Cola; o Classical South Florida Radio; o Car2Go o MB Coalition WHEREAS, it is hereby recommended that the Mayor and City Commission retroactively approve and accept the aforestated donations on behalf of the City for the July 4, 2013 event; and WHEREAS, it is further recommended that the Mayor and City Commission hereby authorize the City Manager or her designee to make any necessary reimbursements and/or expenditures of the aforestated donations, in furtherance of and consistent with the aforestated July 4, 2012 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 retroactively approves and authorizes the acceptance $8,688 dollars in sponsorships made to the city for the annual fourth of July celebration, a free event. PASSED and ADOPTED this ___ day of-----' 2013. ATTEST: MAYOR CITY CLERK T:IAGENDA\2013\July 17\July 4th Sponsorship Acceptance Reso.doc 523 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving Sole Source Purchase Of Public Performance Rights In An Amount Not To Exceed $30,500 For Free Film Screenings At Soundscape, North Shore Band Shell And Other City Parks From Swank Motion Pictures, Inc., And Criterion Pictures USA; And Further Approving Sole Source Purchase For An Additional Two (2) Years Contingent Upon Funds Appropriations. Ke Intended Outcome Su orted: Item Summary/Recommendation: The Parks and Recreation Department began showing "Movies in the Park" at North Shore Park Youth Center and Flamingo Park in 2005, and recently expanded its offerings to include regular weekend screenings at the North Shore Band Shell. These weekly movies have attracted over 2,600 attendees with an average weekly attendance of 117 people. The Tourism, Culture and Economic Development Department launched the SoundScape Cinema Series in 2011 as part of its Arts in the Parks activities, presenting free movies every Wednesday night from the beginning of October until the end of May. These screenings have proven to be extremely popular, attracting more than 25,000 residents and visitors each season, along with local and national press coverage. For each film shown the City must obtain a Public Performance Event License from the film's copyright holder or designee, pursuant to the 1976 U.S. Copyright Act (Title 17, 94-553.) Most of the films shown by the City are licensed solely by Swank Motion Pictures, Inc., and a smaller number are licensed solely by Criterion Pictures, USA. In rare instances the licensing rights have been retained by the film's producer or studio, from whom the City must obtain the license directly. For each film there is a license fee based on title, venue, date, admission price and estimated audience size. These fees generally range from $200 to $800. The license may also contain restrictions regarding screening dates and advertising. Both Swank and Criterion as the exclusive agents for the film studios who retain the copyrights for the films that each distributes for public showings. However, in its due diligence, the Procurement Division issued Intent to Sole Source (ITS) 326-2013 to ascertain whether any other vendors were available to provide the requirements noted herein as sole source. No responses to the ITS were received. Recommendation The Administration recommends that the Mayor and City Commission adopt the attached resolution, authorizing sole source procurement, pursuant to Section 2-367 (d) of the Miami Beach City Code, from Swank Motion Pictures, Inc., and from Criterion Pictures USA, sole source holders of public performance rights for specific motion pictures. I N/A Advisory Board Recommendation: Financial Information· Source~: Amount 20,500 10,000 ifiBPI Total 30,500. Financial Impact Summary: Cl Clerk's Office Le islative Trackin MIAMI BEACH Account 011.0380.000349 011.9322.000353 524 Approved AGENDA ITEM _C_7_2---:-- DATE 7-17-/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 FROM: Jimmy L. Morales, City Manager DATE: July 17, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING PURSUANT TO SECTION 2-367(D) OF THE MIAMI BEACH CITY CODE, THE SOLE SOURCE PURCHASE OF PUBLIC PERFORMANCE RIGHTS IN AN AMOUNT NOT TO EXCEED $30,500 ANNUALLY; FOR MOTION PICTURES TO BE SHOWN FREE OF CHARGE AT VARIOUS OUTDOOR LOCATIONS INCLUDING SOUNDSCAPE, NORTH SHORE BAND SHELL AND OTHER CITY PARKS, FROM SWANK MOTION PICTURES, INC., AND FROM CRITERION PICTURES, USA, SOLE SOURCE HOLDERS OF PUBLIC PERFORMANCE RIGHTS FOR SPECIFIC MOTION PICTURES; AND FURTHER APPROVING SOLE SOURCE PURCHASE FOR AN ADDITIONAL TWO (2) YEARS CONTINGENT UPON FUNDS APPROPRIATIONS. ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOME Maximize Miami Beach as a destination brand. FUNDING Account Codes: Soundscape Cinema Series Park & Recreation Soundscape Cinema Series 011.0380.000349-$17,000.00 -Swank 011.9322.000353-$10,000.00 -Swank 011.0380.000349-$ 3,500.00 -Criterion Current FY expenditures are estimated at the approved budgeted amount of $30,500. Future purchases will be contingent upon annual budget appropriations. BACKGROUND The Parks and Recreation Department began showing "Movies in the Park" at North Shore Park Youth Center and Flamingo Park in 2005, and recently expanded its offerings to include regular weekend screenings at the North Shore Band Shell. These weekly movies have attracted over 2,600 attendees with an average weekly attendance of 117 people. The Tourism, Culture and Economic Development Department launched the SoundScape Cinema Series in 2011 as part of its Arts in the Parks activities, presenting free movies every Wednesday night from the beginning of October until the end of May. These screenings have proven to be extremely popular, attracting more than 25,000 residents and visitors each season, along with local and national press coverage. 525 Commission Memorandum July 17,2013 Film Rights Sole Source Page 2 ANALYSIS For each film shown the City must obtain a Public Performance Event License from the film's copyright holder or designee, pursuant to the 1976 U.S. Copyright Act (Title 17, 94-553.) Most of the films shown by the City are licensed solely by Swank Motion Pictures, Inc., and a smaller number are licensed solely by Criterion Pictures, USA. In rare instances the licensing rights have been retained by the film's producer or studio, from whom the City must obtain the license directly. For each film there is a license fee based on title, venue, date, admission price and estimated audience size. These fees generally range from $200 to $800. The license may also contain restrictions regarding screening dates and advertising. As noted, both Swank and Criterion as the exclusive agents for the film studios who retain the copyrights for the films that each distributes for public showings. However, in its due diligence, the Procurement Division issued Intent to Sole Source (ITS) 326-2013 to ascertain whether any other vendors were available to provide the requirements noted herein as sole source. No responses to the ITS were received. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached resolution, authorizing sole source procurement, pursuant to Section 2-367 (d) of the Miami Beach City Code, from Swank Motion Pictures, Inc., and from Criterion Pictures USA, sole source holders of public performance rights for specific motion pictures. T:\AGENDA\2013\7\17\13\Films Sole Source Memo.doc 526 Via e-mail to: Gary Farmer City of Miami Beach 1700 Convention Center Dr Miami Beach, FL 33139 Subject: PUBLIC PERFORMANCE LICENSING The Federal Copyright Act (Title 17 of the U.S. Code) governs how copyrighted materials, such as movies, may be used. Neither the rental nor the purchase of a copy of a copyrighted work carries with it the right to publicly exhibit the work. No additional license is required to view a movie or other copyrighted work with a few friends and family members in the privacy of their horne; however, bars, restaurants, businesses, private clubs, prisons, lodges, summer camps, public libraries, park and recreation departments, churches and non-classroom use at schools and universities are aU examples of situations where a public performance license must be obtained. SWANK MOTION PICTURES, founded in 1937, is the world's largest non-theatrical distributor of motion pictures and TV programming. Major Hollywood and independent studios have appointed Swank Motion Pictures as their exclusive public performance licensing agent. Studio clients include: CBS FILMS COHEN MEDIA DREAMWORKS EONE ENTERTAINMENT FOCUS FEATURES GAIAMNIVENDI ENTERTAINMENT HALLMARK HALL OF FAME HBO IMAGE ENTERTAINMENT UONSGATE MAGNOLIA PICTURES MILENNIUM ENTERTAINMENT MONTEREY MEDIA NEW LINE CINEMA OPEN ROAD FILMS OSCILLOSCOPE PICTURES PARAMOUNT PICTURES RELAVITY MEDIA SONY PICTURES UNIVERAL PICTURES WALT DISNEY PICTURES WARNER BROTHERS THE WEINSTEIN COMPANY are uncertain about your responsibilities under the copyright law, please feel free to contact a copyright attorney or the Motion Picture Association of America directly-www.rnpaa.org . Sincerely, Britney Stiles Account Executive Swank Motion Pictures, Inc. 10795 Watson CR.paa St. Louis 5tf0 63127-1011 rFiione 314.984.6000 800.876.5577 Pacsimife 314.909.0879 527 PICTURES 8238 -40 Lehigh Avenue, Telephone (800)890-9494 Morton Grove, Illinois 60053-2615 (847) 470-8164 Fax (847)470-8194 Website: www.criterionpicusa.com PUBLIC PERFORMANCE LICENSING- HOW DOES IT WORK? Criterion Pictures is a film distribution company which provides performance licensing for public exhibition of motion pictures in non-theatrical markets. Currently we represent 20th Century Fox, Palisades/Tartan, Concorde New Horizons and more. Screening movies can be a fun, enjoyable and profitable method of programming for your institution. Film titles evoke emotions and memories which drive participants to attend your event. The information below is designed to help you navigate the laws, protocols and methods involved in a film screening. FAQs Who needs a license? Is licensing needed for non-profit groups or when no admission is charged ? How much does licensing cost? What are the consequences for not licensing? How many screenings are covered by my license? What films can Criterion provide for non-theatrical markets ? If I need a copy of the movie shipped to me, when can I expect it to arrive ? Once the screening is over, where do I return the media? Who needs a license? Public Performance licensing is required by Title 17 of the US Copyright Act which provides copyright owners (which include the artists and performers of a particular work) command over their product. Public Performance refers to all screening which take place outside of the home. Whether purchased, rented or borrowed from a library or an individual, all vhs and dvds allow for home based private screening. However, if a presentation takes place outside of the home, it is categorized as a Public Performance and requires legal licensing. Criterion controls its product in "non-theatrical markets," meaning any public performance outside of first run movie theatres ("theatrical"). The non-theatrical umbrella for Criterion can license its titles includes (but are not limited to): colleges-public, private and for-profit, churches and all other religious institutions, public libraries, child care facilities, park and recreation departments, bars, brewpubs, clubs, restaurants, schools -elementary and secondary both public and private, performing art centers, live theaters, outdoor screening companies, amusement parks, stadiums, racetracks, business meeting, management training seminars and prisons. If your facility or institution does not fall under these categories, please contact a Criterion representative regarding your license needs. Is licensing needed for non-profit groups or when no admission is charged?. Whether your organization is for profit or not-for-profit (non-profit), a Public Performance license is required. Groups must obtain licensing if admission is charged or the screening is free. The film must be licensed in all situations outside of home video viewings whether the film is rented, owned, purchased or loaned. How much does licensing cost? Licensing fees are dependent on a variety of factors and situation, such as: possible number of attendees, screening date, location (indoors or outdoor) and movie title selection. Your account executive can supply a licensing quote based on these variables. What are the consequences for not licensing? 528 Motion Picture studios in conjunction with the MPAA (Motion Picture Association of America) and the FBI (Federal Bureau of Investigation) monitor and regulate violations related to Public Performance screenings. Most films will display a warning stating that "Federal law provides severe civil and criminal penalties for the unauthorized ... exhibition of copyrighted motion pictures, video tapes or video discs. Criminal copyright infringement is investigated by the FBI and may constitute a felony with a maximum penalty of up to five years in prison and/or a $250,000 fine." Penalties can range from $750 for accidental infractions and exceed six figure fines for blatant infringement. How many screenings are covered by my license? In general, the fee that is paid covers a single screening. When outlining your programming choices, please indicate how many times the film will be shown contiguously. If a film is to be shown more than a week apart from the initial screening, an entirely new license will apply. Please ask a Criterion account executive about advertising and publicity regulations for Public Performance screenings as restrictions vary from venue to venue. What films can Criterion provide for non-theatrical markets ? Currently Criterion Pictures provides public performance licensing for 20th Century Fox, Fox Searchlight, Palisades/Tartan, Concorde New Horizons, Parabox Media, and more! Criterion can also arrange screenings of new films produced by 20th Century Fox & Fox Searchlight before they are released on home video. Contact the Criterion sales team for more information. How do I set up a film screening ? Orders can be placed by calling (800)-890-9494. You can also request information by emailing Anjelica Rufus-Barnes- anjelica@criterionpicusa. com. Criterion Pictures operates on a pre-pay basis. Some form of payment (check, credit card or purchase order) must be received prior to your proposed movie screening. If I need a copy of the movie shipped to me, when can I expect it to arrive? If Criterion is supplying the media (35mm, dvd, vhs) for your screening, it should arrive two business days prior to your screening. If the film is not received by 2:30 pm -Central time, you are advised to contact your account executive who will assist in locating the media. Once the film arrives, Criterion expects that the customer inspects it prior to exhibition. Any concerns should be immediately directed to your account executive at least one business day before the screening. Criterion also allows clients to supply their own media via privately owned or rented copies-in this case, Criterion must be notified prior to promoting the event. Once the screening is over, where do I return the media? All media is to be returned to Criterion Pictures, 8238 Lehigh Avenue, Morton Grove, Illinois 60053. In all cases a return label with forwarding instructions will be provided. Films are expected to be returned the first business day following the screening. Criterion will also provide return shipping instructions in cases when media is licensed by us but not provided from our Morton Grove location. If you have more questions, don't be afraid to ask -we look forward to hearing from you! 529 RESOLUTION TO BE SUBMITTED 530 THIS PAGE INTENTIONALLY LEFT BLANK 531 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Creating A Centennial Celebration Ad-Hoc Committee To Provide Ideas And Recommendations Pertaining To All Matters With Respect To Events And Activities Related To The City Of Miami Beach Centennial On March 26,2015, And Prescribing The Duties, Manner Of Appointment, And Term Of Office Of Committee Members. Key Intended Outcome Supported: Maximize Miami Beach as a Brand Destination Promote and Celebrate Our City's Diversity Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The City's centennial will occur on March 26, 2015. Planning for a Centennial celebration requires a lot of time and resources. In order to kick-start the planning process the City Administration referred a discussion to the Neighborhood/Community Affairs Committee at the December 12, 2012 City Commission meeting. The Neighborhood/Community Affairs Committee discussed this item at their January 28, 2013 meeting and agreed that planning for the City's Centennial should begin immediately and further stated that it should be a yearlong celebration. Upon further discussion, the Committee passed a motion recommending that the Miami Beach Visitor & Convention Authority (MBVCA) take this on as a project. The MBVCA advised the Administration that they are happy to help provide funding for the event(s) and are also happy to participate in the process and serve on an advisory committee in support of the Centennial. However, the MBVCA is not able to manage or administer the coordination of the Centennial celebration. The NCAC met on April 29, 2013 and directed the Administration to develop a recommendation for Centennial Celebration. Attached is a draft for your review and consideration. The NCAC met on May 20, 2013 and recommended in favor of establishing an Ad Hoc Committee to recommend a series of events to celebrate the City's heritage and promote awareness of our history. On June 5, 2013, the City Commission adopted Resolution No. 2013-28235 accepting the recommendation of the NCAC to establish an Ad Hoc Committee tasked with making recommendations as to all matters with respect to the City's Centennial event. The Administration recommends the Ad Hoc Committee be composed of seven (7) members who are direct appointments by the Mayor and City Commissioners and who would report to and receive direction and input from the City Commission, with terms of membership to begin on July 31, 2013 and expiring on May 31, 2015 (subject to earlier or later sunset by the City Commission). The Administration recommends adopting the recommendation of the Neighborhood/Community Affairs Committee. Adviso Board Recommendation: The item was discussed at the February 19, April 29 and May 20 Neighborhood and Community Affairs Committee meetin s. Financial Information: Source of Amount Account Funds: 1 N/A OBPI Total Financial Impact Summary: ~lerk's Office Legislative Tracking: Sklar, Tourism, Culture and Economic Development Director MIAMI BEACH ~GENDA ITEM c ( A A. DATE 1-IJ-\S 532 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochll.gov MMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and DATE: July17,2013 SUBJECT: A RESOLUTION OF THE MAY RAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CREATING A CENTENNIAL CELEBRATION AD-HOC COMMITTEE TO PROVIDE IDEAS AND RECOMMENDATIONS PERTAINING TO ALL MATTERS WITH RESPECT TO EVENTS AND ACTIVITIES RELATED TO THE CITY OF MIAMI BEACH CENTENNIAL ON MARCH 26, 2015, AND PRESCRIBING THE DUTIES, MANNER OF APPOINTMENT, AND TERM OF OFFICE OF COMMITTEE MEMBERS. RECOMMENDATION Adopt the Resolution. FUNDING N/A BACKGROUND The City's centennial will occur on March 26, 2015. Planning for a Centennial celebration requires a lot of time and resources. In order to kick-start the planning process the City Administration referred a discussion to the Neighborhood/Community Affairs Committee at the December 12, 2012 City Commission meeting. The Neighborhood/Community Affairs Committee discussed this item at their January 28, 2013 meeting. The Committee agreed that planning for the City's Centennial should begin immediately and further stated that it should be a yearlong celebration. Upon further discussion, the Committee passed a motion recommending that the Miami Beach Visitor & Convention Authority (MBVCA) take this on as a project. The MBVCA would need to develop a comprehensive vision for the celebration and oversee the planning, fund raising, logistics and coordination of the Centennial celebration. They would also need to do the following as part of this project: • Celebrate the City through a comprehensive use of its venues and amenities. • Manage a broad range of activities whose content and pricing reflect the demographic, economic and cultural diversity of the City, including events that are free to the public. • Work collaboratively with all parties interested in these goals, and especially with the City's cultural, historic and civic organizations. • Creating an event to attract local, national, and international visitors. 533 • Coordinate with the City Administration and provide periodic updates to the Administration and City Commission. The MBVCA advised the Administration that they are happy to help provide funding for the event(s) and are also happy to participate in the process and serve on an advisory committee in support of the Centennial. However, the MBVCA is not able to manage or administer the coordination of the Centennial celebration. The NCAC met on April 29, 2013 and directed the Administration to develop a recommendation for Centennial Celebration. Attached is a draft for your review and consideration. The NCAC met on May 20, 2013 and recommended in favor of establishing an Ad Hoc Committee to recommend a series of events to celebrate the City's heritage and promote awareness of our history. On June 5, 2013, the City Commission adopted Resolution No. 2013-28235accepting the recommendation of the NCAC to establish an Ad Hoc Committee for this purpose. The Ad Hoc Committee would be tasked with making recommendations as to all matters with respect to the City's Centennial event. The Administration recommends the Ad Hoc Committee be composed of seven (7) members who are direct appointments by the Mayor and City Commissioners and who would report to and receive direction and input from the City Commission, with terms of membership to begin on July 31, 2013 and expiring on May 31, 2015 (subject to earlier or later sunset by the City Commission). CONCLUSION The Administration also recommends creating a Centennial Celebration Ad-Hoc Committee with members appointed by the City Commission. JLM/KGB/MAS T:\AGENDA\20131July 17\Reso Approving Miami Beach Centennial Ad Hoc Committee MEMO.doc 534 Centennial Celebration Ad-Hoc Committee Purpose: To advise the City Commission on any and all matters with respect to the events and activities related to the City of Miami Beach Centennial in 2015. To provide ideas and recommendations for the implementation of those ideas to the Commission for events and activities that celebrates the 1 oath anniversary of the founding of the City of Miami Beach. To solicit sponsorships and donations and conduct fund-raising to provide financial assistance for the centennial events and activities; To hear citizens, neighborhood, or community input on Centennial activities and recommend appropriate action to the City Commission. The Committee will sunset December 31, 2015. Membership: The Centennial Celebration Committee shall consist of fourteen (14) members appointed by the City Commission, who shall serve without compensation at the pleasure of the City Commission. In making the appointments, the City Commission shall consider the following guidelines: 1. That members live or work within the City of Miami Beach. 2. That persons with various qualifications be represented on the Centennial Celebration Ad Hoc Committee, including community, historical and commercial interests. 3. Each Commissioner and the Mayor shall nominate two (2) members each. 4. Each member will serve through December 31, 2015. 5. The City Manager or his or her designee shall serve as ex-officio member of the Centennial Celebration Committee. Centennial Vision Statement A celebration of Miami Beach's heritage that promotes awareness of our history and creates lasting legacies as we move into the future. The City to host a year-long celebration of public events and educational initiatives to celebrate Miami Beach's past, present and future. Historic Initiatives Work with a professional historian to implement programs that raise awareness of the City's history to appeal to diverse age groups and sectors of the community to ensure that the Centennial reached a vast and broad audience. 1. Centennial Exhibits In an effort to highlight snapshots of the City's past, exhibits featuring Miami Beach's history can be circulated throughout our community. Portable exhibits comprised of text and photos displayed at various events and public facilities, including local parks and libraries. 535 2. Park Plaques While residents and visitors regularly utilize City parks, very few know the origin of the park name. The Park Plaque project can involve producing and installing bronze plaques that featured brief biographies of the individuals for whom the parks are named. Permanent plaques can be made for the following City of Miami Beach parks: 3. Speakers Bureau Program To raise awareness of local history, presentations can be developed on the following topics, "Miami Beach: A Brief History" and "Miami Beach: 100 Years Ago." Throughout the year, a group of trained volunteers can give free historic presentations to local community groups and organizations and Homeowner Associations. To accommodate a multitude of locations and audiences, a "low-tech" version of the presentation can also be delivered strictly with enlarged, mounted photos. 4. State Heritage Markers Miami Beach is home to numerous historically significant sites and events. The City can apply to the Florida Department of State, Division of Historical Resources, for heritage markers to commemorate specific locations and milestones. 5. Traveling Trunks Reaching out to future generations is of great importance throughout the Centennial. With a special focus on captivating school children, the Centennial historian can develop a collection of replica artifacts to be placed in a portable "trunk" and made available to local schools to provide students with an opportunity to receive a hands- on educational experience while learning about local history. Public Events 1. City Events Creating a series of exciting public events with a variety of themes, formats and locations to celebrate and maintain momentum throughout the entire year. The year- long series of events could begin with a public Centennial Celebration kick-off and concluded with an event on March 26, 2015 or on December 31, 2015 depending on direction from the City Commission and the Ad Hoc Committee. 2. Sanctioned Events To maximize community engagement, local groups and organizations can be encouraged to register their events with the City to become a "Centennial Sanctioned Event." Sanctioned events can be provided the Centennial Celebration Logo and other material to incorporate the centennial theme, and in turn promoted on the City website and given permission to include the City Centennial logo on their promotional event materials. Community Enhancement Projects In addition to the numerous historic initiatives and public events, a variety of community projects could be conceived to enhance neighborhoods and leave lasting legacies for future generations. Projects could include a public art project, original commemorative poster and t-shirt that capture the past century of Miami Beach's history and/or creation of unique, permanent art installation at each school in the City. 536 Neighborhood I Community Affairs Committee Miami Beach Centennial April 29, 2013 Page 5 of5 1. Visual Memoirs Project To generate excitement for the Centennial Celebration, the City can partner with the Miami Beach Visitor and Convention Authority and Miami Design Preservation League to utilize the Miami Beach Visual Memoirs Project and circulate it around Miami Beach. MDPL in partnership with Close-Up Productions recorded the memoirs of the City of Miami Beach through the stories of people who have been a part of the City's history. These interviews have been combined and edited to create a museum installation. The full-length interviews are part of an audio-visual archive that will continue to expand as more interviews are conducted. Also during the project's, an educational video aimed at middle school students will be created from the interviews collected. MDPL and Close-Up Productions will develop a lesson plan and teacher guide that is complimentary to existing curriculum requirements for the middle school years. The videos can also be posted on the City Centennial website and made available to the public on CD. The video can be shown on Channel??, on the City's website and at SoundScape Park regularly throughout the Centennial year-long celebration. 2. Website The City can create a website to promote the City Centennial. The site can serve as a clearing-house to document the ongoing celebration and included extensive information on Centennial initiatives and upcoming events through a variety of videos, photos, historic documents, copies of promotional materials, sponsorship information and press releases. 3. Centennial Logo Sign Similar to what the City of Fort Lauderdale did, Miami Beach could create an iconic large scale replica of the City's Centennial logo to be erected at an agreed upon location. The sign can be illuminated in an official ceremony and remain as a focal point throughout year. The display would likely become a tremendous resident and tourist attraction that brands the City's 1 001h Birthday. Sponsors The vision for the Centennial is to create an inclusive, citywide celebration that is funded through donations and partnerships. The Committee, with the assistance of a professional fund raiser and the City's in-house Development Coordinator, can work to secured external funding and sponsorships with entities. Funding Preliminary estimates suggest that they City will need to budget and fund approximately $200,000 over two (2) years for design, collateral material, fund raising, events coordination and other expenses. However, additional funding will need to be secured from private sponsors. 537 RESOLUTION TO BE SUBMITTED 538 THIS PAGE INTENTIONALLY LEFT BLANK 539 COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving and authorizing the City Manager to execute Amendment No. 1 to the Letter Of Understanding Between The City and MCH Swiss Exhibition LTD (MCH), regarding the Art Basel Event in Miami Beach {or the ABMB Event). Key Intended Outcome Supported: Increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey reported more than one-fifth of all resident respondents feel there are "too few" family friendly activities (24.6%) and cultural activities (24.1 %). Additionally, on average, residents attended 10.61 cultural activities per year and 7.19 family friendly activities per year. Issue: Shall the City Commission authorize the City Manager to enter into a letter agreement with Art Basel Miami Beach and direct the Administration to include a corresponding amendment in the City's Special Event Guidelines to reflect the Art Basel Zone? Item Summary/Recommendation: Art Basel Miami Beach (ABMB) was established in 2000 as the sister event of Switzerland's Art Basel, the world's most prestigious art fair for the past 42 years. In just ten years, ABMB has become the preeminent contemporary art fair in the western hemisphere, and an established destination for artists, galleries, collectors, museum groups and other individuals interested in top-notch art. Each year, ABMB spends millions of dollars producing the fair and economists have estimated $400 million to $500 million in related economic impact as a result of the fair. As ABMB grew in popularity, so did the number of requests for temporary art displays or for use of public property in the immediate area of the convention center. The City and ABMB informally established an Art Basel Miami Beach Zone to protect the ABMB brand and limit third party use of public property in this area. The boundaries of the zone include 23rd Street to thet north; Lincoln Lane South to the south; Alton road to the west; and the Atlantic Ocean to the east. On April11, 2012, the City Commission adopted Resolution No. 2012-27884 approving and authorizing the City Manager to execute a letter of understanding between the City and MCH Swiss Exhibition LTD, (MCH), outlining terms and conditions for use of certain public property during Art Basel Miami Beach, and for the establishment of an "Art Basel Zone." Messe Schweiz is the Swiss exhibition group that manages, operates and promotes Art Basel and Art Basel Miami Beach. On January 1, 2013, MCH formed a United States corporation in the State of Florida by the name of Art Basel U.S. Corp. that is a wholly owned subsidiary of MCH and will act as the new organizer of Art Basel in Miami Beach. As a result, the attached Amendment to the Letter of Understanding is presented for consideration. The amendment assigns the letter of understating dated April19, 2012 between the City and MCH to the City and Art Basel U.S. Corp. (Art Basel US). All other terms and conditions of the aforementioned Letter of Understanding remain the same. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: 1 OBPI Total Financial Impact Summary: N/A Clerk's Office Le islative Trackin 540 Account Approved J AGENDA ITEM DATE C7BB 7-17-(S ~ 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: July 17, 2013 SUBJECT: A RESOLUTION OF THE MAY RAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE LETTER OF UNDERSTANDING BETWEEN THE CITY AND MCH SWISS EXHIBITION LTD (MCH}, REGARDING THE ART BASEL EVENT IN MIAMI BEACH (OR THE ABMB EVENT). ADMINISTRATION RECOMMENDATION The Administration recommends the approval of Amendment No. 1 to the letter of understanding between the City of Miami Beach and Art Basel Miami Beach outlining terms and conditions for use of public property by Art Basel Miami Beach and the formal establishment of an Art Basel Zone. BACKGROUND Art Basel Miami Beach (ABMB) was established in 2000 as the sister event of Switzerland's Art Basel, the world's most prestigious art fair for the past 42 years. In just ten years, ABMB has become the preeminent contemporary art fair in the western hemisphere, and an established destination for artists, galleries, collectors, museum groups and other individuals interested in top-notch art. Each year, ABMB spends millions of dollars producing the fair and economists have estimated $400 million to $500 million in related economic impact as a result of the fair. As ABMB grew in popularity, so did the number of requests for temporary art displays or for use of public property in the immediate area of the convention center. The City and ABMB informally established an Art Basel Miami Beach Zone to protect the ABMB brand and limit third party use of public property in this area. The boundaries of the zone include 23rd Street to the north; Lincoln Lane South to the south; Alton road to the west; and the Atlantic Ocean to the east. On April 11, 2012, the City Commission adopted Resolution No. 2012-27884 approving and authorizing the City Manager to execute a letter of understanding between the City and MCH Swiss Exhibition LTD, (MCH}, outlining terms and conditions for use of certain public property during Art Basel Miami Beach, and for the establishment of an "Art Basel Zone." Messe Schweiz is the Swiss exhibition group that manages, operates and promotes Art Basel and Art Basel Miami Beach. In conjunction with this approval, an amendment to the Special Event Guidelines was required establishing an "Art Basel Zone" which, includes: 541 City Commission Memorandum Art Basel Miami Beach Letter Agreement July 17, 2013 Page2 a.) The establishment of a zone, the effective term and duration of which is only intended to run concurrent with the actual ABMB Event dates for years 2011, 2012, 2013, and 2014, as same are set forth in the MCH License, and which zone is intended to be bounded by 23rd Street to the north; by Lincoln Lane South to the south; by Alton road to the west; and by the Atlantic Ocean to the east (hereinafter the Art Basel Zone). b.) The Art Basel Zone, was established for the purpose of precluding the City from issuing a special event permit, for the use of public property within the Art Basel Zone during the term/duration that such Zone is in effect, without first obtaining the prior written consent of MCH. Accordingly, the City shall provide MCH with at least thirty (30) calendar days prior written notice of any special event applications received by the City for the use of public property within the Zone during the ABMB Event date(s) (the City's Approval Request). MCH shall have ten (1 0) calendar days from the date of the City's Approval Request to approve or deny the Request. MCH's approval or denial of the Request must be in writing and, if a denial, must specifically set forth the reason(s) therefore. In the event that MCH fails to approve or deny a Request within the ten (1 0) day time period and, further, in accordance with the procedures set forth herein, then MCH shall have waived its right to deny such Request, and the City may proceed with the event (that was the subject of such Request) as if approved by MCH, and without any further notice and/or other obligation to MCH. c.) Notwithstanding the establishment of the Art Basel Zone, and/or any other term or condition in this letter of understanding, (i) special events held on private property, and (ii) demonstrations, pickets, and free speech activities, as such terms are defined in the Guidelines, and as same may be amended from time to time, shall be EXEMPT from the requirements of this letter of understanding and, accordingly, shall NOT require MCH's approval. d.) The City shall use reasonable commercial efforts to inform MCH of any special event applications for use of public City-owned property outside the Art Basel Zone that the City may receive for the installation and/or display of art and/or art works during the term/duration of, the ABMB Event for, respectively years 2011, 2012, 2013, and/or 2014. e.) The City shall take into consideration the needs and requirements of the ABMB Event as plans for the City's proposed expansion and renovation of the MBCC are developed. The Finance and Citywide Projects Committee considered this matter at their March 1, 2012, meeting and recommended in favor of the letter of understanding and the formal creation of the Art Basel Zone. ART BASEL U.S. CORP On January 1, 2013, MCH formed a United States corporation in the State of Florida by the name of Art Basel U.S. Corp. that is a wholly owned subsidiary of MCH and will act as the new organizer of Art Basel in Miami Beach. As a result, the attached Amendment to the Letter of Understanding is presented for consideration. The amendment assigns the letter of understating dated April 19, 2012 between the City and MCH to the City and Art Basel U.S. Corp. (Art Basel US). All other terms and conditions of the aforementioned Letter of Understanding remain the same. 542 City Commission Memorandum Art Basel Miami Beach Letter Agreement July 17, 2013 CONCLUSION Page3 The Administration recommends the approval of Amendment No. 1 to the letter of understanding between the City of Miami Beach and Art Basel Miami Beach outlining terms and conditions for use of public property by Art Basel Miami Beach and the formal establishment of an Art Basel Zone. JLM/KGB/MAS T:\AGENDA\2013\July 17\ABMB Reso Memo doc.docx 543 MIAMI Miami 700 OFFICE OF THE CITY MANAGER Tel: 305.673,7010, Fax: 305.G73.T782 19,20'12 Ms. Annette Sch6nholzer, Co-Director, MCH Swiss Exhibition (Basel) L TO Art Basel, Art Basel Miami Beach Messeplatz 1 0 CH -4005 Basel, Switzerland Flmida 39, gov RE: Letter of Understanding between the City of Miami Beach, Florida (City), and MCH Swiss Exhibition Ltd (MCH) regarding the Art Basel event in Miami Beach (or the ABMB Event). Dear Ms. Sch6nholzer: The following letter shall confirm the understanding between the City and MCH regarding certain terms pertaining to the ABMB Event, as additional consideration for MCH's contractual obligation to continue to hold the ABMB Event, which takes place annually each winter at the Miami Beach Convention Center (MBCC), for the Years 2011, 2012, 2013, and 2014. Subject to MCH's compliance with its contractual obligations pertaining to the holding of the ABMB Event at the MBCC, and including, without limitation, those set forth in that certain License Agreement between Global Spectrum and MCH Swiss Exhibition (Basel), L TO, dated November 28, 2011 (hereinafter, the MCH License), and provided MCH is good standing and free of defauft(s) under such License, the City agrees to take the following actions, in further support of the ABMB Event: 1. The City Administration shall recommend to the Mayor and Commission that the City's Special Events Requirements and Guidelines, in effect as of the execution date of this letter of understanding by the parties hereto (the Guidelines), be amended to establish an "Art Basel Zone" which, if such recommended amendment is approved by the Mayor and City Commission, in their sole and reasonable discretion, shall accomplish the following: a.) The establishment of a zone, the effective term and duration of which is only intended to run concurrent with the actual ABMB Event dates for years 2011, 2012, 2013, and 2014, as same are set forth in the MCH License, and which zone is intended to be bounded by Street to the north; by lincoln lane South to the south; by Alton road to the west; and by the Atlantic Ocean to the east (hereinafter the Art Basel Zone). b.) The Art Basel Zone, if approved, shall be established for the purpose of precluding the City from issuing a special event permit, for the use of public property within the Art Basel Zone during the term/duration that such Zone is in effect, without first 544 obtaining the prior written consent of MCH. Accordingly, the City shall provide MCH with at least thirty (30) calendar days prior written notice of any special event applications received by the City for the use of public property within the Zone during the ABMB Event date(s) (the City's Approval Request). MCH shall have ten (10) calendar days from the date of the City's Approval Request to approve or deny the Request. MCH's approval or denial of the Request must be in writing and, if a denial, must specifically set forth the reason(s) therefore. In the event that MCH fails to approve or deny a Request within the ten (1 0) day time period and, further, in accordance with the procedures set forth herein, then MCH shall have waived its right to deny such Request, and the City may proceed with the event (that was the subject of such Request) as if approved by MCH, and without any further notice and/or other obligation to MCH. c.) Notwithstanding the establishment of the Art Basel Zone, and/or any other term or condition in this letter of understanding, (i) special events held on private property, and (ii) demonstrations, pickets, and free speech activities, as such terms are defined in the Guidelines, and as same may be amended from time to time, shall be EXEMPT from the requirements of this letter of understanding and, accordingly, shall NOT require MCH's approval. 2. The City shall use reasonable commercial efforts to inform MCH of any special event applications for use of public City-owned property outside the Art Basel Zone that the City may receive for the installation and/or display of art and/or art works during the term/duration of, the ABMB Event for, respectively years 2011, 2012, 2013, and/or 2014. 3. The City shall take into consideration the needs and requirements of the ABMB Event as plans for the City's proposed expansion and renovation of the MBCC are developed. In the event that any claim or controversy arises with respect to this letter of understanding, MCH and the City hereby knowingly and voluntarily waive their rights to assert any argument or defense alleging inadequate or insufficient consideration. The City and MCH shall each appoint a contract administrator who shall monitor the parties' compliance with the terms of this letter of understanding. Unless otherwise notified, the contract administrators for each party are as follows: For the City: Max Sklar, Tourism and Cultural Development Director Tourism and Cultural Development Department City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 305-673-7577 For MCH: Show Manager MCH Swiss Exhibition Basel (Ltd) Messeplatz 10 4005 Basel, Switzerland 2 545 MCH agrees to defend, indemnify and hold harmless the City, and its officials, directors, officers, employees, agents, contractors, servants, successors, and assigns, against any claims, causes of actions, costs, expenses, (including reasonable attorney's fees), liabilities, or damages arising out of or in connection with any negligent act or omission, or intentional misconduct on the part of MCH or any of its officials, directors, officers, employees, agents, contractors, servants, successors and assigns, in the performance of its obligations under this letter of understanding. The indemnification and hold harmless requirements in the preceding paragraph shall survive the termination or expiration of this letter of understanding. This letter of understanding may be terminated by either party, for convenience (and without cause), upon sixty (60) days prior written notice to the other party. All written notices and communications required or permitted hereunder may be delivered personally to the respective representatives of MCH and the City listed below or may be mailed by registered mail, postage prepaid (or air-mailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO MCH: TO CITY: Show Manager MCH Swiss Exhibition Basel (Ltd) Messeplatz i 0 4005 Basel, Switzerland City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Max Sklar, Cultural Arts & Tourism Dev. Director (305) 673-7000, Ext. 6116 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. This letter of understanding shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this letter of understanding shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS LETTER OF UNDERSTANDINBG, CITY AND MCH EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS LETTER OF UNDERSTANDING. Neither party may assign this letter of understanding. Neither this letter of understanding, nor any of its terms, may be changed, modified, or otherwise amended except by an instrument in writing, signed by an authorized representative, 3 546 which shall be the City Manager (on behalf of the City), and the Show Manager and one Co- Director (on behalf of MCH). The City and MCH acknowledge and agree that they are not joint venturers, partners, or joint owners with respect to this letter of understanding. Nothing contained herein shall be construed as creating a partnership, joint venture or similar relationship between the City and MCH. Additionally, for purposes of this letter of understanding (or otherwise) no officer, director, employee, agent, or contractor of MCH shall be deemed to be an agent or employee of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the City, or any right generally afforded Classified or Unclassified employees' or be deemed entitled to Florida Worker's Compensation benefits as an employee of the City, or accumulation of sick or annual leave. If the aforestated meets with your approval, please acknowledge and execute same in the space provided below. Upon execution by the City Manager (on behalf of the City), we will forward a fully executed copy to you for your records. Very truly yours, Raul J. Aguila Chief Deputy City Attorney I have read this fetter agreement and fully understanding same, agree to be bound by the terms and conditions contained herein MCH Swiss Exhibition (Basel) Ltd City of Miami Beach By: Date APPROVED FORM & LANGUAGE &FOR RJA/ed F:\INFO\$ALL\Max\TCD\Special Events\BASEL\Basel Letter Agreement _sept 201 'l.doc 4 547 RESOLUTION TO BE SUBMITTED 548 THIS PAGE INTENTIONALLY LEFT BLANK 549 COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the City Manager to execute a contract with the artist Tobias Rehberger in an amount not to exceed $89,177 for a public art commission for the Art in Public Places (AiPP) project entitled "Gate" (working title), to be sited in South Pointe Park Pier and approve $89,177, as follows: Fund 147-Art in Public Places, $64,177 and $25,000, Capital Budget South Pointe Park Pier Construction Fund, previoulsy appropriated as part of the FY 2010/11 Capital Budget. I Shall the City of Miami Beach approve the selection of a public art commission for South Pointe Park Pier? Item Summary/Recommendation: On March 9, 2011, the City Commission adopted Reso. No. 2011-27606, for design, bid, award, and construction services for South Pointe Park Pier with top-ranked firm, Post, Buckley, Schuh & Jernigan, Inc. On July 19, 2011, the Office of Capital Improvements Projects (CIP) presented conceptual drawings of the proposed pier in South Pointe Park and told the Committee the AiPP appropriation was $64,177. On Dec. 7, 2012, staff was directed by the Administration to prepare a Call to Artists. At the Feb. 26, 2013, AiPP meeting, the Committee reviewed the four proposals submitted by Barbara Grygutis, Nick Lyle & Ries Niemi, Carolina Sardi, and Tobias Rehberger. The Committee discussed the proposals at length and unanimously selected Mr. Rehberger's "Gate" (working title), to be commissioned for South Pointe Park Pier because of the contemporary design of the gate; how well the gate integrates with the design of the pier and the park; the great use of color; artwork can be seen when the gates are open and from a distance; and gate stands on its own merits as a work of optic art. The Committee duly noted that Mr. Rehberger is an internationally recognized artist who has completed 25 public projects in Europe, Asia, and United States including major cities such as: New York City, London, Berlin and Rome. Advisory Board Recommendation: The following committees recommended in favor of the selected public art project; Art in Public Places on Feb. 26, 2013; Neighborhoods/Community Affairs Committee on May 20, 2013: and Design Review Board June 4, 2013. Financial Information: Funds: Amount $64,177 $25,000 Total $89,177 MIAMI BEACH 550 Account AiPP Fund 147 SP-Post RDA_CDT and Municipal Resort Tax 388-2577-067357 Approved AGENDA ITEM DATE C7CC 7-/7-13 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMITIEE MEMORANDUM TO: Mayor Mattie Bower and Member FROM: Jimmy L. Morales, City Manager DATE: July 17, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SELECTION OF A PUBLIC ART COMMISSION FOR SOUTH POINTE PARK PIER, BY THE ARTIST, TOBIAS REHBEGER, ENTITLED "GATE" (WORKING TITLE), AS RECOMMENDED BY THE ART IN PUBLIC PLACES COMMITTEE AND THE NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE AND AS APPROVED BY THE DESIGN REVIEW BOARD; FURTHER APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE ARTIST, TOBIAS REHBEGER, FOR THE DESIGN, FABRICATION, INSTALLATION OF AFORESTATED WORK OF ART; AND APPROVING FUNDS, IN AN AMOUNT NOT TO EXCEED $89,177, AS FOLLOWS: FUND 147-ART IN PUBLIC PLACES FROM SOUTH POINTE PARK PIER PROJECT, $64,177 AND $25,000, CAPITAL BUDGET SOUTH POINTE PARK PIER CONSTRUCTION FUND, PREVIOUSLY APPROPRIATED AS PART OF THE FY 2010/11 CAPITAL BUDGET. ADMINISTRATION RECOMMENDATION Adopt the resolution. BACKGROUND On March 9, 2011, the City Commission adopted Resolution No. 2011-27606, accepting the recommendation of the City Manager, pursuant to Request for Qualifications (RFQ) No. 04- 10/11, for design, bid, award, and construction administration services for the South Pointe Park Pier; and authorizing the Administration to enter into negotiations with the top-ranked firm, Post, Buckley, Schuh & Jernigan, Inc. On July 19, 2011, the Office of Capital Improvements Projects (CIP) presented conceptual drawings of the proposed pier in South Pointe Park to the Art in Public Places (AiPP) Committee. The CIP project manager for the pier told the Committee the AiPP appropriation was $64,177. Because the dollar amount of the AiPP contribution was not significant for such an important project, the committee discussed with CIP any opportunities available for an artistic intervention on the pier involving an existing element within the pier design. CIP suggested the shade structures or the benches, resulting in a combination of both the CIP project budget and the AiPP budget. They concurred that this would create a more substantial budget and AiPP 551 Page 2 of 15 Public Art Project "Gate" South Pointe Park Pier Commission Meeting July 17, 2013 would be able to commission an internationally recognized artist that would create an original site specific work of art for the pier. The AiPP committee reviewed and discussed the four options for selecting an artist (Exhibit 1) in the City's AiPP Ordinance (as codified in Chapter 82, Articles VII, Divisions 1 through 4, Section 82-612). The members agreed to select an artist by "direct selection" (option 3). The primary reason for "direct selection" was to meet the design and construction deadlines already established by CIP, as demolition of the pier was to begin in the fall of 2012, and construction of the pier was to begin January 2013. The Committee unanimously agreed to have staff ask Tobias Rehberger (Artist), the artist commissioned for the lighthouse in South Pointe Park, if he would be interested in doing an artistic intervention on the shade structures, benches or other possible interventions on the pier. The Committee felt very strongly this was a unique opportunity to ask the Artist for an artistic intervention in one of the elements of pier because: 1. The two art projects (this new intervention and the already installed lighthouse at the west lawn of the park) could create an artistic dialog between them; and 2. The two art projects could create a linkage between the east and west side of South Pointe Park. In the latter part of July 2011, staff contacted the Artist with the Committee's recommendation (referenced above) and the Artist advised he would consider their request. In November 2011, Mr. Lutz Bantel, Artist Studio Manager, contacted staff and requested the CADD file of the plan drawings for the pier. Additionally, Mr. Bantel requested a site visit of the location of the pier. On November 30, 2011, Mr. Bantel met with AiPP and CIP staff and reviewed and discussed the drawings of the pier, the budget, the pier project deadline, and conducted a site visit to the location of the pier. Mr. Bantel advised the Artist would propose an artistic intervention on the access gate to the pier. The combined budgets of AiPP and CIP would be broken down as follows; $64,177, AiPP contribution; $25,000 CIP contribution; total project budget $89, 177; less $13,376, for a 15% Contingency Fee, leaving a total project budget for the Artist not to exceed of $75,801, for Artist Fee, Design Drawings, Permitting, Production, and Installation. On July 3, 2012, the Artist submitted the first set of conceptual drawings of the gate and they were provided to TCD, CIP, and ORB for comment. On September 29, 2012, new conceptual drawings were submitted addressing the comments from staff. On October 15, 2012, AiPP committee met and reviewed the conceptual drawings and submitted additional comments for the Artist to address. At the November 20, 2012, AiPP Meeting, the Committee reviewed the new conceptual drawings provided by the Artist and he addressed all their comments. A complete presentation was planned for the December 18, 2012, AiPP meeting, which would include: 1. Cover letter not to exceed one (1) page listing Artists experience with art projects; 2. Artist Statement not to exceed 250 words; 3. Current C.V.; 552 Page 3 of 15 Public Art Project "Gate" South Pointe Park Pier Commission Meeting July 17, 2013 4. Two (2) conceptual drawings to scale (1 drawing with gate open and 1 drawing with gate closed); 5. Detailed project budget; and 6. Production and installation timeline timed for an unveiling during Art Basel Miami Beach December 2013. On December 4, 2012, staff was directed by the Administration to research and recommend additional artists and also ask the AiPP Committee to do the same. On December 7, staff was directed by the Administration to prepare a Call to Artists (Exhibit 2). A Call to Artists was sent to the following artists; Daniel Buren, Tom Burr, Jim Drain, Mark Handforth, Liam Gillick, Rirkrit Tiravanija, Barbara Grygutis, Nick Lyle & Ries Niemi and Carolina Sardi. After comments from the artists' representatives, the Administration extended the deadline to Feb. 15, 2013. At the February 26, 2012, AiPP Meeting, the Committee reviewed the four proposals submitted by Barbara Grygutis, Nick Lyle & Ries Niemi, Carolina Sardi, and Tobias Rehberger; and made the following comments. 1. Barbara Grygutis -Not unique or welcoming; generic; derivative; design makes the entrance sinister, text not in scale with the dimensions of the gate; when the gate is open the artwork disappears; and it does not have color. 2. Nick Lyle & Ries Niemi-Artwork disappears when gate is open; design arts & crafts; very busy; not contemporary design in alignment with contemporary architectural design of the park and pier; does not integrate with grid pattern of the piers railings adjacent to the gate; and it looks like a pulled down security gate. 3. Carolina Sardi -Bland, different vocabulary in relationship to surroundings; unimaginative; and it has a residential or commercial look. 4. Tobias Rehberger -Contemporary design like the park and pier; relationship between design of the gate and pier very well integrated; project is more contextual; work is site specific; signage is excellent for visitors on the beach and cut walk; design does not disappear when the gate is open; great use of color; and gate can be viewed as a work of optic art. The committee discussed the proposals at length and unanimously selected Tobias Rehberger's "Gate" (working title), to be commissioned for South Pointe Park Pier because of the contemporary design of the gate; how well the gate integrates with the design of the pier and the park; the great use of color; artwork can be seen when the gates are open; the signage can be seen when the gates are open and from a distance; and gate stands on its own merits as a work of optic art. The Committee duly noted that Mr. Rehberger is an internationally recognized artist who has completed twenty-five (25) public projects in Europe, Asia and the United State and some of his most important public art projects are: 553 Page 4 of 15 Public Art Project "Gate" South Pointe Park Pier Commission Meeting July 17, 2013 • Bar Oppenheimer, 2013, New York City, NY, USA; • Bloomberg International Headquarters, 2013, London, England; • Cumulus Infection 9M, 2013, Museum of Modern Art, Stockholm, Sweden; • State Library, 2012, Berlin, Germany; • obstinate lighthouse, 2011, Miami Beach, FL, USA; • Cafeteria Project, 2009, Venice Biennale, Venice, Italy, recipient prestigious Golden Lion Award; and • C'era un volta in America, 2009, Maxxi Contemporary Art Museum, Rome, Italy. Additionally, the Committee recognized that Mr. Rehberger had done twenty-five (25) solo museum shows at some of the most prestigious museums and foundations in the world; including: • Museum Contemporary Art 21 51 Century, Rome, Italy, 2010; • Stedelijk Museum, Amsterdam, Netherlands, 2008; • Prada Foundation, Milan, Italy, 2007; • National Museum Queen Sofia Art Center, Madrid, Spain, 2005; • Palais de Tokyo, Paris, France, 2002; • Museum of Contemporary Art, Chicago, USA, 2000; and • Kunsthalle Basel, Basel, Switzerland, 1998. The Scope of Services (Exhibit 7) and project budget (Exhibit 8) are provided for your information. PROPOSALS Barbara Grygutis: "Gate" at South Pointe Park Pier (Exhibit 3) The following description of the project is taken from Barbara Grygutis proposal. ''The gate design which I propose for the South Pointe Park Pier is inspired by the life forms under the pier, sea grasses. Sea grasses occur throughout the coastal areas of Florida. When the gates are open, the visual experience is of the sea grass bed, with multiple grasses moving with the currents of the sea. The gates and stationary structural supports will be aluminum. The finish of the gates will be a marine grade clear coat over aluminum." Nick Lyle & Ries Niemi: "Gate" at South Pointe Park Pier (Exhibit 4) The following description of the project is taken from Nick Lyle & Ries Niemi proposal. "The proposed gate will be hand forged, mostly from round bar, the woven feel and the large amount of open space is inspired by nets, ropes, and the ocean itself. Both Niemi and Lyle combine the lovely hand crafting of traditional blacksmithing with the efficiency, strength and weather resistance of modern welding and fabrication techniques. 554 Page 5 of 15 Public Art Project "Gate" South Pointe Park Pier Commission Meeting July 17, 2013 The text on top of the gates breaks up the lines, flowing like a wave. The typestyle will be chosen to remind one of the lettering on the hulls of ships". Tobias Rehberger: "Gate" at South Pointe Park Pier (Exhibit 5) The following description of the project is taken from Tobias Rehberger proposaL "My concept for the South Pointe Park Pier gate is to make it into a 'speech bubble', which triggers the design of the gate itself The 'speech bubble' is a visual element that has repeatedly appeared in several of my works in order to make inanimate objects speak and have almost become a hallmark for my work. In this case it is used to have the pier introduce itself to its visitors. When the gate is open, the 'speech bubble' playfully sit's on top of the archway of the gate, which is painted in the same bright colors that have developed as my signature palette and will allow the "obstinate lighthouse" to establish a visual dialog with the pier and thereby linking the two projects. The graphic pattern of the gate symbolize sound waves spreading from the 'speech bubble' and can also be read as a reference not only to optical art in general but, are references to previous projects of mine. Additionally, the pattern is also an abstraction of the way the wooden boards are laid on the pier. Material: Aluminum with marine grade paint Color: Palette of the 'obstinate lighthouse' but not the neon shades, which will fade in the bright sun of Miami Beach. There will be an anti graffiti protection." Carolina Sardi: "Gate" at South Pointe Park Pier (Exhibit 6) The following description of the project is taken from Carolina Sardi proposal. "My design for the South Point Park Pier Gate maintains the structure of the gate example to ensure that design keeps a relation to the pier railings and features and that the engineering of the project it's a viable one. Materials to be used are marine grade aluminum and paints. The combination of colors can vary a lot but I will prefer to pick some type of Blue, Orange, Magenta, Yellow and Green." On April 10, 2013, an email was sent to the President, South of Fifth Street Neighborhood Association and other residents that live South of Fifth providing a link to the four (4) aforementioned proposals and the results of the Art in Public Places Committee recommendation for the South Pointe Park Pier "Gate." Additionally, a copy of the information on the website was made available for viewing at the 41h floor reception desk in City Hall. At its May 7, 2013 meeting, the Design Review Board (DRB) approved, at the first or two required public hearings, a proposed AiPP Project to be situated at the entrance to the new 555 Page 6 of 15 Public Art Project "Gate" South Pointe Park Pier Commission Meeting July 17, 2013 South Pointe Park Pier as to location, footprint, relationship to context, and the use of physically and aesthetically durable materials for its construction commensurate with the severe marine environment of the proposed "art" gate. At the second of the two required public hearings, once an artist and design concept had been selected, the DRB reviewed the massing, location, choice of materials, and any other relevant factors in considering its approval. On May 7, 2013, a presentation was made by staff at the South Pointe Park Community Center to the eleven (11) residents in attendance and all those present were South of Fifth residents. All comments made by the residents were in support of the recommendation of the Art in Public Committee recommendation of the Tobias Rehberger proposal. The comments made focused on maintenance of the artwork and the clearance of the "speech bubble." Residents were concerned the "speech bubble" could be dangerous if the point was too low. Following the meeting staff confirmed the clearance is 7'8" which exceeds the requirement in the Florida Building Code. NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE REVIEW On May 20, 2013, the Neighborhoods and Community Affairs Committee discussed the AiPP's recommendation and solicited comments from members of the public present. At the conclusion of their discussion they passed a motion accepting the Art in Public Places Committee's recommendation. DESIGN REVIEW BOARD MEETING The proposed AiPP Project was also reviewed by the Design Review Board (DRB) at two required public hearings on May 7, 2013, and subsequently on June 4, 2013, where the Board unanimously approved the project. PROJECTED TIMELINE If approved by the City Commission at the July 17, 2013, meeting, the City will immediately finalize a contract with Mr. Rehberger who has proposed installation when the pier is completed at the end of the first quarter of 2014. CONCLUSION The Administration recommends that the Mayor and City Commission approve the selection of a public art commission for the South Pointe Park Pier, entitled "Gate" (working title), as recommended by the Art in Public Places Committee; Neighborhoods and Community Affairs Committee; and Design Review Board; and further approving and authorizing the City Manager to execute a contract with the Artist, Tobias Rehberger, and appropriating funds, in amount not to exceed $89,177 for design, creation, and installation of the aforestated work of art; from Fund 14 7 -Art in Public Places; and further appropriating funds not to exceed $89,177, as follows: Fund 147-Art in Public Places Fund from South Pointe Pier Project, $64,177 and $25,000, Capital Budget South Pointe Park Pier Construction Fund. 556 Page 7 of 15 Public Art Project "Gate" South Pointe Park Pier Commission Meeting July 17, 2013 EXHIBIT1 Sec. 82-612.-Selection of artists and works of art. (a) When the art in public places committee recommends a particular city construction project or existing site as being appropriate for art in public places, the committee shall also recommend to the city commission one of the following means of obtaining the works of art: (1) Open entry competition. Through appropriate advertisement all artists are invited to enter into competition for a commission to create a work of art for the site. The amount to be paid for the works of art shall be determined by the city commission after considering the committee's recommendation. Artists may be asked to submit slides of their past work, resumes, letters of intent related to the specific project or specific proposals for the project under review. (2) Limited entry competition. A limited number of artists are invited to compete as set forth in subsection (a) (1) of this section. (3) Direct selection of the artist. An artist or several artists may be selected to develop a proposal for the project or produce the desired works of art. (4) Direct purchase of existing wolks of art. A completed work of art is purchased. No more than ten percent of the costs of the work of art may go to a dealer or agent. 557 Page 8 of 15 Public Art Project "Gate" South Pointe Park Pier Commission Meeting July 17, 2013 Art in Public Places Call to Artists Project Name: South Pointe Park Pier Gate Location: City of Miami Beach South Pointe Park Pier Submission Deadline: Feb. 15, 2013, 5:00p.m. via email Exhibit 2 Brief Description: The City of Miami Beach Tourism and Cultural Development Department seeks the artists listed below to submit an artistic intervention on the access gate of South Pointe Park Pier. The Artists need to propose an original design for the access gate. Artists may only present one design. Attached are the following documents: 1. South Pointe Park Pier Project 2. Drawing of Pier (location of gate Section 2) 3. Access Gate Specification Artists: Daniel Buren, Tom Burr, Jim Drain, Mark Handforth, Liam Gillick, Tobias Rehberger, Carolina Sardi, and Rirkrit Tiravanija Application Process: The application process is managed by the City of Miami Beach Tourism & Cultural Development Department. Selection Criteria: The Art in Public Places Committee shall consider the following issues: • Quality of the artist's proposal; • Aesthetic merit, quality, enduring value; and • Experience and other qualifications of the artist. Application Requirements: The information and documentation must arrive at the City of Miami Beach via email by the TIME on the stated deadline; 1. Cover letter not to exceed one (1) page listing experience with art projects; 1. Artist Statement not to exceed 250 words; 2. A current professional resume not to exceed one page; 3. Present artwork with two conceptual drawings to scale (1 drawing gate open and 1 drawing gate closed); 4. Detailed project budget 5. Production and installation timeline Scope of Work: Provide, deliver and install a custom art piece (entrance gate) for the South Pointe Park Pier. This includes the gates, the wing panels and design therein with applicable hardware. Shop drawing to be provided to City of Miami Beach Capital Improvements Office (CIP) and shall be submitted to the City of Miami Beach Building Department for permitting. Technical Requirements 1. Material aluminum and marine grade paint for performance in a marine grade environment. 2. Installation of the gate must be according to the plans provided to CIP because of the wind load calculations that will impact hinges which have already been approved by the Building Department. 3. Material of the hinges will match material of gate Project Budget • $ 75,801.00 (Artist Fee, Permitting, Production, Installation) • $13,376.00 15% Contingency Fee • $89,177.00 Total Budget Not To Exceed Questions Contact: Dennis Leyva Email: dennislewa@miamibeachfl.gov Phone: 305.604.2477 Other Selection Issues • Florida "Sunshine Law:" All meetings of the Art in Public Places Committee are open to the public, are publicly advertised and are documented through written minutes. • Conflict of Interests: Artists with immediate family or business partners on the selection committee are not eligible to apply. 558 Page 9 of 15 Public Art Project "Gate" South Pointe Park Pier Commission Meeting July 17, 2013 • Art in Public Places Committee Contacts: Artist applicants should not have contact with Art in Public Places Committee members between the release of the Call to Artists and the completion of the selection process. • Contact the City of Miami Beach for all questions and information. Barbara Grygutis Exhibit 3 559 Page 10 of 15 Public Art Project "Gate" South Pointe Park Pier Commission Meeting July 17, 2013 Nick Lyle & Ries Niemi Exhibit 4 560 Page 11 of 15 Public Art Project "Gate" South Pointe Park Pier Commission Meeting July 17, 2013 561 Tobias Rehberger Exhibit 5 Page 12 of 15 Public Art Project "Gate" South Pointe Park Pier Commission Meeting July 17, 2013 Carolina Sardi Exhibit 6 562 Page 13 of 15 Public Art Project "Gate" South Pointe Park Pier Commission Meeting July 17, 2013 SCOPE OF SERVICES DELIVERABLES: the ARTIST shall provide the following deliverables: 1-A [Intentionally omitted] Exhibit 7 1-B Conceptual Design. Artist shall develop a conceptual design proposal and shall secure its approval by the Miami Beach Art in Public Places Committee (which is an advisory board of the City). 1. [Intentionally omitted] 2. This phase includes a Site visit for presentation to the Art in Public Places Committee and coordination with the Contract Administrator. 3. This phase includes a Site visit by Artist or Artist's representative for presentation to either the City's Design Review Board or Historic Preservation Board, and to further coordinate design, fabrication, and installation of the Project with the Contract Administrator. 1-C Design Development. Artist shall complete the design development of the approved Artwork, develop construction documents (based on the approved concept) for fabrication of the Work, coordinate the Work with the Contract Administrator, and secure all applicable approvals and permits. Approval by the Contract Administrator and Notice to Proceed (for fabrication) shall occur after submittal of all allocable Artwork deliverables. 1. Artist shall submit final design drawings for fabrication, Artist proofs, verified cost estimate, sub-contractor list, permits and approvals, and a fabrication and installation schedule. 2. If the verified cost exceeds the Project Budget, Artist shall be obligated to redesign the Artwork to fit within the established budget, inclusive of all payments to Artist, at no additional charge to City. 3. Artist shall coordinate and participate in all product and material testing related to the Artwork and determine final product and material with the Contract Administrator subsequent to testing. 4. This phase includes Site visits for coordination and presentation purposes. 1-D Fabrication and Installation. Artist shall fabricate, deliver and install all Artwork and Artwork support components, as per the approved construction drawings. Artist shall provide construction administration services as required during the installation of the Artwork at the Site, (including, but not limited to, the coordination of all applicable inspections by all governmental authorities having jurisdiction over the Project). 1-E Final Conservation Documents. Upon completion and installation of the Artwork, Artist shall submit all photographic documentation and completed cataloging forms including 563 Page 14 of 15 Public Art Project "Gate" South Pointe Park Pier Commission Meeting July 17, 2013 shop drawings, manufacturer specifications, and product cut-sheets, as applicable. If Artist utilizes computer technology in the fabrication of the Artwork, Artist shall submit electronic copies of any computer files that will support on-going operations or future repairs and conservation of the Artwork. Artist shall also submit replacement material(s) and/or parts, as applicable, and as deemed necessary by Contract Administrator, to be used for future repairs of the Artwork (quantities to be determined by Artist and Contract Administrator). Artist to demonstrate any maintenance and replacement procedures of the Artwork, as deemed necessary by the Contract Administrator. 1-F Warranty Period. All Work furnished under this Agreement shall be guaranteed against defective materials and workmanship, improper performance and noncompliance with the approve construction drawings, for a period of two (2) year after final acceptance of the Project by Contract Administrator. COMPLETION AND INSPECTION: Upon completion and installation of all designed and fabricated components, Artist shall be responsible for obtaining written final approval from Contract Administrator. If Contract Administrator finds the Work acceptable, the requirements of the Agreement with regard to design, fabrication, and installation of the Work and the Project satisfied, and all conditions of the permits and regulatory agencies fulfilled, final acceptance shall be given by the Contract Administrator. PHOTOGRAPHIC DOCUMENTATION: Professional photo-documentation suitable for publication shall include images of all major aspects of the Project. The Artist-supplied photo- documentation shall be reproducible, at no cost to the City, for any all applicable uses by the City. COMMUNITY INVOLVEMENT and EDUCATIONAL OUTREACH: The Artist shall participate in at least one (1) community meeting and two (2) other public meetings, as shall be determined by the Contract Administrator. The date of the community shall be coordinated with the Artist schedule. TIMELINE FOR COMPLETION: Artist shall coordinate the progress of the Work with the Contract Administrator. PERMITS AND APPROVALS: Artist shall prepare applications and such documents and design data as may be required to procure approvals from all such governmental authorities that have jurisdiction over the Project. Artist, his assistants or assigned subcontractors shall participate in meetings, submissions, resubmissions and negotiations with such authorities. Artist shall respond to comments by such authorities in a timely manner to adhere to Project Schedule. Artist shall be responsible for formally transmitting and receiving permits to and from the respective jurisdictional authorities. Artist shall coordinate permitting and approval related issues with the Contract Administrator. The receipt of all necessary permits is a condition precedent to the fabrication of the Work. SITE PREPARATION: The City shall at all events be solely responsible for all expenses, labor and equipment, and other costs required to prepare the Site for installation of the Project 564 Page 15 of 15 Public Art Project "Gate" South Pointe Park Pier Commission Meeting July 17, 2013 PROJECT BUDGET Line Item Artist Fee Artist Studio Fee Computer Modeling & Design Legal Fees Engineering & Sealed Plans Insurance Permits Fabrication & Installation Travel Photo Documentation Subtotal Contingency Fee TOTAL Amount $14,000 $3,000 $3,000 $2,000 $4,000 $2,000 $2,000 $41,800 $3,000 $1,000 $75,800 $13,377 $89,177 565 EXHIBITS RESOLUTION NO. _________ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SELECTION OF A PUBLIC ART COMMISSION FOR SOUTH POINTE PARK PIER, BY THE ARTIST, TOBIAS REHBERGER, ENTITLED "GATE" (WORKING TITLE}, AS RECOMMENDED BY THE ART IN PUBLIC PLACES COMMITTEE AND THE NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE AND AS APPROVED BY THE DESIGN REVIEW BOARD; FURTHER APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE ARTIST, TOBIAS REHBEGER, FOR THE DESIGN, FABRICATION, INSTALLATION OF AFORESTATED WORK OF ART; AND APPROVING FUNDS, IN AN AMOUNT NOT TO EXCEED $89,177, AS FOLLOWS: FUND 147-ART IN PUBLIC PLACES FROM SOUTH POINTE PARK PIER PROJECT, $64,177 AND $25,000, CAPITAL BUDGET SOUTH POINTE PARK PIER CONSTRUCTION FUND, PREVIOUSLY APPROPRIATED AS PART OF THE FY 2010/11 CAPITAL BUDGET. WHEREAS, on March 9, 2011, the City Commission adopted Resolution No. 2011- 27606, accepting the recommendation of the City Manager, pursuant to Request for Qualifications (RFQ) No. 04-10/11, for design, bid, award, and construction administration services for the South Pointe Park Pier; and authorizing the Administration to enter into negotiations with the top-ranked firm, Post, Buckley, Schuh & Jernigan, Inc., and WHEREAS, the Art in Public Places (AiPP) meeting on July 19, 2011, the Office of Capital Improvements Projects {CIP) presented conceptual drawings of the proposed pier in South Pointe Park and told the Committee the AiPP appropriation was $64, 177; and WHEREAS, on December 7, 2012, staff was directed by the Administration to prepare a Call to Artist (the Call) for design of a gate; and WHEREAS, at the February 26, 2013, AiPP meeting, the Committee reviewed the four (4) proposals submitted pursuant to the Call by: Barbara Grygutis, Nick Lyle & Ries Niemi, Carolina Sardi, and Tobias Rehberger; and WHEREAS, the Committee discussed the proposals at length and unanimously selected Tobias Rehberger's "Gate" (working title), to be commissioned for South Pointe Park Pier because of the contemporary design of the gate; how well the gate integrates with the design of the Pier and the Park; the use of color; how the artwork can be seen when the gates are open; that the signage can be seen when the gates are open and from a distance; and that the gate stands on its own merits as a work of optic art; and WHEREAS, the Committee duly noted that Mr. Rehberger is an internationally recognized artist who has completed twenty-five (25) public projects in Europe, Asia, United States including major cities such as New York City, London, Berlin, Rome; and also including the South Pointe Park "obstinate lighthouse;" and 566 WHEREAS, presentations of the proposed Gate project were made to the City's Design Review Board (DRB) at two required public hearings on May 7, 2013, and on June 4, 2013, when the DRB unanimously approved the project; and WHEREAS, on May 20, 2013, the Neighborhoods/Community Affairs Committee reviewed and recommended approval of the Gate project; and WHEREAS, the Administration concurs with the respective recommendation of the Gate project by the AiPP Committee and the Neighborhoods/Affairs Committee, and as approved by the DRB, recommends that the Mayor and City Commission approve such project and authorize the City Manager to negotiate and execute an agreement with the artist, Tobias Rehberger, for design, fabrication, and installation of the aforestated work of art; and WHEREAS, the City's portion of funding for the proposed Gate project, in an amount not to exceed $89,177, is available from the previously appropriated FY 2010/11 Capital Budget as follows: Fund 147 -Art in Public Places from South Pointe Park Pier Project, $63,177 and $25,000, Capital Budget South Pointe Park Pier Construction Fund; and 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 the selection of a public art commission for South Pointe Park Pier, by the artist, Tobias Rehberger, entitled "Gate" (working title), as recommended by the Art in Public Places Committee and Neighborhoods/Community Affairs Committee; and as approved by Design Review Board; further approve and authorize the City Manager to execute a contract with the artist, Tobias Rehberger, for the design, fabrication, installation of the aforestated work of art; and approve funds, in an amount not to exceed $89,177, as follows: Fund 14 7 -Art in Public Places, $64,177 and $25,000, Capital Budget South Pointe Park Pier Construction Fund, previously appropriated as part of the FY 2010/11 Capital Budget. PASSED and ADOPTED this ___ day of July, 2013. MAYOR ATTESTED BY: CITY CLERK T:\AGENDA\2013\July 17\Comm Reso AiPP SPPP Gate July 17 2013.docx 567 APPROVED AS TO FORM & LANGUAGE & FOR ~CUTION COMMISSION ITEM SUMMARY Summary/Recommendation The and Citywide Projects Committee at its special of May 13, 2013, recommended that two working groups to implement the recommendations of Horwath Performance Operational Audit first is an internal working whose purpose is to identify implement procedures and monitoring guidelines to address the recommendations of the Crowe Horwath Performance and Operational Audit. This will be comprised the Department Directors who have knowledge of the to be improved and will facilitated by Patricia Walker, Chief Financial officer and Rafael Granado, Clerk. The working group will include identify and implement procedures to Noise Violations and will facilitated by Joe of the community as well as City staff the improvement of procedures surrounding ..... .:., ... .:...,. Assistant City Manager. May 13, 2013 islative Trackin T:\AGENDA\2013\July 17\AMENDMENT 1 -Reso 2012-27928 Summary.docx MIAMI 568 AGENDA ITEM DATE C!DD 7-{7-1.3 of Miami 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: July17,2013 SUBJECT: Adopt the Resolution. ANAlYSIS The Finance and Citywide Projects at its special meeting of May 13, 2013, recommended two working groups established to implement the recommendations of the Crowe Horwath Performance and Operational Audit. The is an internal working group whose purpose is to identify and implement procedures and monitoring guidelines to address the ofthe Horwath Performance and Operational Audit. This group will comprised ofthe Department Directors and staff who have knowledge the process(s) to improved and will be facilitated by Patricia Walker, Chief Financial officer and Rafael Granado, City Clerk. The second group will include members of the community as as City staff to identify implement procedures to the improvement of procedures surrounding Noise Violations and will facilitated by Joe Jimenez, Assistant City Manager. proposed members of group are listed in Attachment A. The Committee is BACKGROUND On May 13, 2013, Chief Financial Officer Patricia Walker the Crowe Horwath Performance an Operational Audit the Finance and Citywide Committee discussion. A summary of the actions discussed at the follows. 569 Commission Memorandum -Crowe Horwath Performance and Operational Audit July 17, 2013 Page 2of8 Chairperson Deede Weithom began the discussion by stating they would go through Management's in the report and discuss any comments or questions the staff or public might have regarding these items. There was a memo provided by Dr. Sunshine stating they did not know the issue with Code was noise related. Chairperson Weithorn that was not the basis and it will be at the point in the Miami resident Henry Stolar for clarification on when public comment would be allowed. Chairperson Weithom also stated was a that takes into consideration any or areas risk in internal controls that can occur in a Financial Officer Patricia Walker suggested facilitating a team employees from different departments to construct a plan of action for recommendation in the Chairperson Weithorn started with CC-01 Complaint Intake which states, "Complaints should received through regulated centralized channels in order to better complaint." City should a policy that requires employees, who receive phone call email complaints, to the complainant to the centralized hotline or to WebQA. Division Commander Heman Cardeno stated management that receiving Code complaints via regulated centralized channels is a better system to control, manage, and properly assign the inbound calls for service. However, management does not believe that the best practice would be to require who receive phone call and mail (e-mail) complaints to direct the complainant to the centralized hotline or WebQA as this would negatively impact customer service levels. The City itself in customer accessibility to government services and makes available different methods by which to register a complaint. Rather than require complainants to call yet another number may not even attended, a viable alternative may be to have the City employee receive the complaint from the constituent and in turn have that City employee enter the complaint in a centralized system that elicits information. Acting Planning Richard Lorber once implemented, Accela Automation will have the ability to serve as a central repository for complaints, and the public will continue to have the ability to make complaints via WebQA or system compatible with Accela. Chairperson Weithom stated we to have accountability to go along with these implementations. Building Deputy Director Stephen Scott suggest that we sure we keep the citizens and customers in mind in having accessibility. Fire Marshall Machen volunteered to a part the group. Commissioner Michael Gongora on to CC-02 Tracking Complaints where the City should implementing a system that would allow complaints be automatically uploaded from WebQA. Additionally, the City should implement a reconciliation process to reconcile the complaints entered into Plus/Accela back to the physical forms, hotline logs and Management concurs that best practices dictate that complaints should by an independent individual, adequately documented tracked in a system, assigned follow-up appropriately resolved. That description, in is that of a dispatcher with a system database similar to computer (CAD) that every call for service, however, there are significant cost considerations to such a plan. A reconciliation process to reconcile the complaints entered into back to physical forms, hotline logs and e-mails has already been implemented electronic files which include photos, and other documents relating to the case are being uploaded and attached to the main case. This in Accela. Commissioner Jorge added that needs to be established where permits are opened and closed in a timely manner. Building Deputy Director Scott responded that they are aware there were complications in the they have determined they do have employees in place to respond to putting the new framework together. also they discovered some complications out notices that were not going out in time the customer to respond. City Clerk now sends them out a minimum of 30 days in advance. Division Commander discussed Cl-01 Job responsibilities that state the city should 570 Commission Memorandum -Crowe Horwath Performance and Operational Audit July 17, 2013 Page 3of8 implement a policy that requires Code Compliance Supervisors to perform periodic, but at a minimum monthly, productivity reviews. The supervisors should review the Officer Daily logs to verify the officers spent the required time patrolling for sanitation, the time spent in each location of each zone, the complaints that are recorded for each zone and the violations written in each zone by their officers. These reviews should be documented and filed so that they are readily available for review by auditors or other interested parties. Management agrees that Code Compliance Supervisors do not have a standard process in place for periodic reviews of subordinate productivity. While some of these processes are found in written directives and emphasized at weekly supervisor staff meetings, the Division will continue to standardize procedures and directives in Standard Operating Procedures format so that the foundation of the duties of a supervisor are found in one general policy. Supervisors are also required to verify their officers' time spent in each location of each zone, sanitation enforcement, and review of the caseload assigned to their squad members. Random AVL (GPS) reviews of subordinates' daily travels in their City vehicles are compared to assigned cases and monitored for time spent on calls and patrol locations. Documentation is on file and evidenced by Code officers that have received discipline based on their supervisor's reviews/random audits. Finally, productivity reviews for each squad are conducted at supervisor staff meetings. While not all supervisor review practices are mandated by policy, management believes that allowing for some discretion within a broader sense of parameters for supervisors to determine when and how they oversee subordinates contributes to the overall development of management styles and individual growth; however, a Standard Operating Procedure should serve to provide some guidelines for subordinate workload assessments. Documentation is on file and available for review. Chairperson Weithorn asked if Sanitation was singled out and Crowe Horwarth Engagement Manager Mark Maraccini stated it was more the documentation and policy that supported the monitoring of this item. Chairperson Weithorn moved on to item CD-01 Non-Compliance Identification that states the city should provide a tool such as a checklist for officers to utilize to review for potential code non- compliance while conducting an inspection. The city can provide a form for officers to complete at every inspection that identifies the compliance areas to observe, e.g. noise, sanitation, zoning violations, graffiti, and handbills on cars, peddling, and property maintenance. This form should also require the officer to initial that such issue has been reviewed and resident or business is in compliance. Management agrees that a tool such as a checklist for officers to utilize to review for code violations while they're on site conducting inspections would be beneficial. Those lists (for the more common violations) are in the process of being created and will be made available for integration in Accela by July 2013. Chairperson Weithorn stated the code officers need the technical approach at their finger tips when visiting properties instead of their personal devices or using paper. Commissioner Exposito added there needs to be an IT component added to the tools the officers are equipped with. Item CD-02 Supporting Documentation recommends that the City implement a procedure or control within the new case management system that they are seeking to utilize that allows pictures to be attached to a case onsite. The new system should have the capability to upload files remotely which ties into item CD-01. Management agrees that the City should implement a procedure or control within the new case management system {Accela) that allows pictures to be attached to a case onsite and have files uploaded remotely. This capability has been configured in Accela Automation. Chairperson Weithorn moved on to item CD-03 Courtesy Notices and Violations the City should develop a policy for noncompliance that strictly defines when a courtesy notice can be given. The City should require the officers to document the reason and rationale when they issue courtesy notices and the supervisors to review them daily. Management agrees with the recommendation that general guidelines for when warnings may be given are appropriate and that supervisory review of the rationales would be ideal. Some of our City ordinances already have controlling language with respect to when a courtesy notice or oral warning can be issued by a Code Compliance Officer 571 Commission Memorandum-Crowe Horwath Performance and Operational Audit July 17, 2013 Page4 ofB versus a of Violation. Management will the level of training and monitoring relating to the proper of discretion. That training will include providing strong of when written warnings may be appropriate. Any exercise of this discretion must reported to supervisors on same day utilized for the purpose of determining whether a warning was appropriate. Ultimately, some discretion and judgment must to Code Compliance Officer. Division Commander Cardeno then discussed item CD-04 that recommends that the City implement a procedure or control within the new case management that they are seeking to utilize that allows the case files to from complaint files. The new system should have the to automatically link the two. The City should also implement a procedure to review and document a of the XC and the corresponding to confirm the information been inputted accurately. Management with the recommendation that City should a procedure or automated control within the new case management (Accela) that the case files to from the complaint have the to automatically two. This capability been configured in Additionally, the ability to "audit" the to determine accurate reporting and uploading of information will included and monitored via Chief Financial Officer Patricia Walker stated they plan to go live with Accela two after Memorial Weekend when workflow challenge. Building added the entire City currently is with Commissioner then item CD-05 that states the City should develop a procedure that requires code officers to collect and review comply-by weekly and a policy that mandates a secondary review by Management with the recommendation that the City should develop a procedure that requires Code to collect and review comply-by dates weekly and a policy that mandates a secondary review by supervisors. new case management system, Accela, automate the process for re-inspections compliance for officer daily by zone. are triggered by the time for compliance entry ofthe original case file- much an automated electronic tickler. Chairperson Weithorn the next CV-01 Noise Violations needs a group with inclusion of the public due to the legal aspect it pertains to. Many of the noise complaints involve construction and not just music issues. City Attorney Smith added also a county on the noise ordinance that prevents taking certain actions. CV-01 Noise Violations states that the should consider revising the ordinance to more objectively determine when a noise violation has . Specifically, the should consider their noise violation policy to include a decibel threshold that when would trigger a violation. These measurements should be completed through the use of a mobile testing device. Management is open to looking at other more objective to when a noise violation has occurred. Noise ordinance, as adopted, has been upheld as constitutional in 11 1h Judicial Circuit sitting in an appellate Other methods (such as noise/decibel have proven to be difficult or impossible to sustain in other jurisdictions. Code Compliance Officers are required to their judgment in evaluating validity of a violation. Miami Beach Resident Morris Sunshine a look at the noise ordinance that for subjective character and proposes the consideration of turning the "'"'""'"'"' into a 24/7 clause instead of becoming applicable at 11 pm. Crowe Horwarth Engagement Manager Mark Maraccini discussed the next item FP-01 Construction Permits where the City should implement procedures to help ensure permits are obtained for construction projects within the City. Specifically, the City should consider implementing a City-wide policy and procedure that informs City personnel the proper protocol to report potential violations (e.g. construction projects that do not have a clearly visible permit). In addition, the City should utilizing current inspectors that are already to perform duties throughout the City to look for potential violations. In other words, officers already in the be doing this as part 572 Commission Memorandum -Crowe Horwath Performance and Operational Audit July 17, 2013 Page 5of8 of normal procedures. Management this is a plausible recommendation. We currently have Web Q&A and a mobile app "Report where City employees others can report suspected unpermitted activities. Currently, the Fire Prevention Division as well as Building Department- Violations Division Code Enforcement Division already business owners and residents for work taking place without a permit. process is complaint driven generated by residents, business competitors, guests, tourists, employees. In addition, when the fire inspectors conduct their annual inspections, they cite violators when they notice work place without a permit. Currently, there is an informal procedure where each inspection discipline the other if there is unpermitted work noticed during a inspection, for example, when fire inspector does the he/she notices that something be a code violation, it is reported to the proper discipline. This may or may not be a code violation after the inspector checks it out. Management will review the current informal process and work toward implementing a formal procedure for reporting unpermitted activities. Chairperson Weithorn noted that multiple infractions and that it would be efficient if cross communication between Code and in each other's violations to more efficient. Commissioner Gongora moved on to FP-02 Workflow Requirements recommending that the City a policy that that all workflows require approval by the Building Department to ensure that plans are routed to the appropriate departments/divisions review. We recommend that the City require that all plans reviewed by someone other than the person who performs the original review. Management this is a plausible recommendation. Currently, the Permits Plus has workflows automated to include reviews by appropriate departments/ divisions on the of permit application submitted. appropriate departments/ divisions must review the plans before the workflow is completed. The workflow in Automation will the same type of workflow that we currently have now in PerrmitPius. In order to implement this recommendation as stated, we would have to hire three additional fire plans examiners to provide sufficient personnel to allow a secondary review by someone other than the initial reviewer. This process may create a in turnaround time. Building Deputy Director Scott suggested spot quality Fire Marshall Machen discussed Fl-01 recommending that City consider revising its current to increase its population inspectors (i.e. the pool of inspectors that qualify for inspections). In addition, changes to inspection assignments should be documented and approved by someone other than the person initiating the change. Management with the recommendation to increase population of inspectors. Currently, the firefighters who are certified as sign up for the inspector slot. Any firefighter can sign for the second slot even if not certified as an inspector. The Administration is proposing a different method performing the inspections that increase the number of firefighters participating in the program. The Captain of Prevention Division and the Chiefs are the only people authorized in the Telestaff software to assignments for night inspections and can modify the assignments after a cancellation. Although the Captain may cancel an assignment cannot delete or remove an assignment and all changes will be recorded in Telestaff in an audit trail. Other staff in Prevention cannot make any to the as indicated above. Commissioner Gongora if these can just assigned to junior level employees in which Fire Marshall Machen responded they are discussing ways to improve this issue. Inspection Documentation that recommends that the City enforce that perform inspections in teams. This should be documented by requiring that each inspector sign off on the inspection form next to each inspected. We further recommend that the Fire Marshal document review completed inspection forms inspection summary results. Management with the recommendation inspectors perform inspections in teams and that the Fire Marshal document review of completed inspection forms and 573 Commission Memorandum -Crowe Horwath Performance and Operational Audit July 17, 2013 Page 6of8 inspection summary results. The inspection form has been changed by adding a signature section at the end that includes the firefighter's signature and the fire marshal's review signature. The firefighters will sign at the end of the form instead of each line for efficiency and certification statement. The Fire Marshal will also sign off the summary report review. The current policy is that both firefighters must be together when performing night inspections. If one of the firefighters ventures out on his/her own, then the individual will receive disciplinary action. A reminder email will be sent to all lead inspectors to follow this directive. Fire Marshall Machen clarified that the inspectors do go in teams. Chairperson Weithorn took Fl-03 Inspection Venues and Fl-04 Inspection Schedule together. Fl-03 recommends that the City implement controls to ensure that all venues are included in the population from which venues are selected for inspection and that venue information is verified for completeness and accuracy. Management agrees with the recommendation that all venues should be included in the population from which the venues are selected for inspection and that venue information is verified for completeness and accuracy. Fl-04 recommends that the City establish a systematic and logical approach to inspecting venues. The revised approach should take into account the timing of inspections and how they relate to when violations are most likely to occur. Inspection shifts should be adjusted accordingly. Management agrees with the recommendation that the City should establish a systematic and logical approach to inspecting venues. The list of locations selected for inspection is generated by a random number selection and the Night Inspection Coordinator sorts the group in alphabetic order of Street. The policy is that the restaurants are inspected between 1 Opm to 11 pm since the nightclubs are not opened yet The Fire Marshal has added the word "restaurant" to the names of the establishment to make it easier on the inspector to identify those locations to visit earlier in the night The night inspectors can select the restaurants from the group to inspect between 1 Opm-11 pm and then concentrate on the nightclubs after 11 pm or midnight. During special events weekends, the shift is adjusted as necessary; starting earlier at 9pm or ending later at Sam, or both. Fire Marshall Machen stated that both of these recommendations have already been implemented. Commissioner Gongora discussed PT-01 Complaints Dispatching that recommends City should implement a procedure to mandate the first available officer in the closest proximity is dispatched to complaint sites. Management agrees with the recommendation. We have created procedures where the Parking officer shall be dispatched to complaint issues based on their availability and proximity to the complaint site, the dispatcher shall send the first available officer in the closest proximity to the complaint side in question and an officer shall be at the complaint site within 30 minutes of the receipt of the complaint. The attached written directive (see SOP No. 2013-013) which includes these procedures has been issued and acknowledged by those employees responsible for its implementation and compliance. Commissioner Gongora discussed PT-02 Identifying Parking Permits recommend the City should implement a policy that requires officers to team up when addressing complaints that require officers to canvas large areas. Management agrees with the recommendation. We have created procedures where larger areas shall be canvassed by multiple officers made up of teams. These teams shall be assigned contingent upon availability and proximity to the complaint site. Commissioner Gongora discussed PT-03 Citation Supporting Documentation that the City should implement a policy that requires supporting documentation taken for all instances of noncompliance. Management agrees with the recommendation. We have created procedures where officers are to accurately document all information pertaining to the citation or enforcement action, supporting documentation and violation information should be recorded for all areas of noncompliance and officers are to take photographs with their Autocite and city issued camera for all areas of noncompliance. 574 Commission Memorandum -Crowe Horwath Performance and Operational Audit July 17, 2013 Page 7of8 The Administration recommends that the Mayor and City approve the recommendation of Finance Citywide Projects Committee to establish working groups to identify and implement and monitoring guidelines to the recommendations of the Crowe Horwath performance and operational audit JLM\PDW T:\AGENDA\2013\July 17\Crowe Horwath Performance And Operational Audit-Memo. Doc 575 Commission Memorandum -Crowe Horwath Performance and Operational Audit July 17, 2013 Page 8of8 Attachment A The Members of the Working Groups are as follows: Commission representative -Commissioner Weithom City Manager's Office -Marcia Monserrat City Clerk's Office/Special Master-Ralph Granado Otero /Sonia Machen Information Technology-Gladys Gonzalez Internal Audit -James Sutter Code Compliance -Heman Gardena Planning -Richard Lorber Public Works -Eric Carpenter Parking -Frances Working Group on Noise Commission -Commissioner Jorge Exposito Dr. Morris Sunshine - Jo Manning -resident Deborah Lebowitz-resident Deborah Ruggiero -resident Roman Jones, Opium Marla Courtney, Jeff Klein, Fontainebleau Roberto Santos-Aiboma, Code Compliance Alek Boksner-City Attorney's Office Hernan Compliance Richard Lorber-Planning 576 RESOLUTION TO BE SUBMITTED 577 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Supporting The Miami-Dade County And Miami-Dade County Public Schools Recommendations OfThe Joint Roundtable On Youth Safety. Key Intended Outcome Supported: Enhance Learning Opportunities for Youth Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey shows that 91% of residents with children in public schools are very satisfied or satisfied with our City's public schools compared to 51% in 2007. 81 youth under the age of eighteen were victims of shootings in Miami-Dade County which resulted in fatalities between 2009 to 2012. Item Summary/Recommendation: The recommendations presented in the Joint Roundtable on Youth Safety Community Action Plan aim to ensure that the Miami-Dade County community comes together for the long haul to develop a safe envelope around our schools and other public places where children gather. The results of the collaboration are documented in the Roundtable's Community Action Plan attached. This report details the processes taken to engage community leaders and proposes a collaborative, long-term approach that is to be implemented immediately. The Administration reviewed the Roundtable's Community Action Plan recommendations. Of the twenty (20) recommended strategies police and parks departments can implement to increase police presence and visibility for in-school/out-of-school safety and engagement of parks for out-of-school, the City is already implementing seven (7) and ten (1 0) are in-progress and can be easily implemented with minimal additional resources. The remaining three (3) will not be implemented at this time, as additional resources are required: Truancy Sweeps, Crime Prevention through Environmental Design, and ReserveNolunteer Park Ranger Program. The Administration recommends the approval of this Resolution. Board Recommendation: Neighborhoods/Community Affairs Committee meeting June 18, 2013 supports Item C4G referred during the Commission meetin on A ril17, 2013. Financial Information: Source of Amount Funds: 1 2 3 OBPI Total Financial Impact Summary: Si n-Offs: Department Director KGB MIAMI BEACH 578 Account AGENDA ITEM DATE C.7 E.E J-11-t:S 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: July17,2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SUP ORTING THE MIAMI-DADE COUNTY AND MIAMI-DADE COUNTY PUBLIC SCHOOLS RECOMMENDATIONS OF THE JOINT ROUNDTABLE ON YOUTH SAFETY. ADMINISTRATION RECOMMENDATION Approve the Resolution. BACKGROUND At the June 26, 2013 Neighborhoods/Community Affairs Committee, the referral of item C4G by Mayor Matti Herrera-Bower at the April 17, 2013 Commission Meeting was reviewed. In 2013, a Joint Roundtable on Youth Safety was formed by Miami-Dade County Mayor Carlos A. Gimenez and Miami-Dade County Public Schools Superintendent Alberto M. Carvalho, to join community leaders across the County to declare with deliberate action and a unified voice that enough is enough. The joint Roundtable on Youth Safety was established to unite mayors and police chiefs from all 34 municipalities, as well as community stakeholders, in order to discuss the most effective means of safeguarding our children. Through guided discussions led by four targeted Working Groups, the Roundtable identified ways to leverage our collective resources, encourage and increase community engagement, and ensure the safety of our community's youth, not only in our schools, but also in our parks and neighborhoods. The violence that regularly faces Miami-Dade's youth in their own neighborhoods requires that we, as a united community, each take personal responsibility for protecting our children. The answers do not lie in quick fixes or one size-fits-all solutions. ANALYSIS The recommendations presented in the Joint Roundtable on Youth Safety Community Action Plan aim to ensure that the Miami-Dade County community comes together for the long haul to develop a safe envelope around our schools and other public places where children gather. It establishes first steps that will be taken by community leaders that have chosen to lead by example. It employs an approach that will engage the community as a whole, while also honing in on 579 Page 2 SUPPORTING THE MIAMI-DADE COUNTY AND MIAMI-DADE COUNTY PUBLIC SCHOOLS RECOMMENDATIONS OF THE JOINT ROUNDTABLE ON YOUTH SAFETY specific areas of the County that face chronic gun violence. The recommendations propose a holistic, comprehensive approach, inclusive of a continuum of work that will begin immediately. The results of the collaboration are documented in the Roundtable's Community Action Plan attached. This report details the processes taken to engage community leaders and proposes a collaborative, long-term approach that is to be implemented immediately. The Administration reviewed the Roundtable's Community Action Plan recommendations (Attachment A). Of the twenty (20) recommended strategies police and parks departments can implement to increase police presence and visibility for in-school/out-of-school safety (Attachment B appendix 1/1 b) and engagement of parks (Attachment B appendix 3) for out-of-school, the City is already implementing seven (7) and ten (10) are in-progress and can be easily implemented with minimal additional resources. The remaining three (3) will not be implemented at this time, as additional resources are required: Truancy Sweeps, Crime Prevention through Environmental Design, and ReserveNolunteer Park Ranger Program. CONCLUSION The Administration recommends the approval of this Resolution. This approval will assist the Department in accomplishing its measurable objectives linked to the City's Key Intended Outcome of ancin Learning Opportunities for Youth. 580 U'l 00 ~ Joint Roundtable on Youth Safety Recommendation Action Chart City of Miami Beach Increase Police Presence and Visibility in Schools Park and Talk Conduct Roll Calls at Schools Classroom Presentations Write Reports Quadrant Patrol Departmental Training Departmental Meetings Adopt-a-School Implemented: the MBPD conducts regular park and walks as part of regular duties associated with community policing, and enlita!!e narents. students and teachers. In Progress: MBPD personnel will be coordinating periodic roll calls at Miami Beach schools. Implemented: MBPD Neighborhood Resource Officers make presentations on different topics at local schools, and programs, such as Kindergarten Cops bring MBPD Officers to local schools for presentations on a variety of public safety In Progress: MBPD personnel will be directed to write reports when possible as part of regular duties associated with Implemented: the MBPD conducts patrols oflocal schools as part of regular duties associated with In Progress: MBPD personnel will be coordinating departmental training at Miami Beach schools. In Progress: MBPD personnel will be coordinating public safety related community meetings at Miami Beach schools. Other: Currently, MBPD participates in Kindergarten Cop Program at all ofthe local elementary schools. Efforts will focus on increased narticiuation at all local )> --1 --1 )> 0 :::r: s:: m z --1 )> U'l 00 f\) • Engagement of Parks Departments -Joint Roundtable on Youth Safety Recommendation Action Chart City of Miami Beach schools. Use of Police Reserve Officer (PRO) Other: Currently, the Police Reserve Program Officer Program is focused on augmenting regular patrol activities where possible. Truancy Sweeps Other: Truancy Sweeps are currently not being conducted. This type of detail would have a cost implication in the form of overtime . Traffic Enforcement Implemented: Traffic enforcement is conducted at all of the local schools during , peak hours. I I Police Presence during Early Release Not Applicable: Police presence has not Dates been necessary during early release dates. Route Safety Implemented: the MBPD personnel have been directed to survey, monitor and enforce public safety laws at bus stops citywide as part of regular duties associated with community policing, Work Stations at Critical Parks Not Applicable: Regular duties associated with community policing have the same impact as establishing work stations at city parks. Police Athletic League (PAL) and Implemented: MBPD personnel have a Community Based Organizations constant presence at the MB PAL, with an Officer serving as the Executive Director and department personnel volunteering to staff and participate in PAL programming. Partnership between Law Enforcement and In Progress: MBPD will work with the parks personnel/enhanced relationships parks department to establish better communication and coordination with Parks Department personnel. Police Presence at Parks During Large Implemented: MBPD currently schedules Events/Gatherings Officers for special events at City parks; ................................ ····························~·~·~" ·---·-····· however, overtime co~ts are associated U'l 00 w Joint Roundtable on Youth Safety Recommendation Action Chart City of Miami Beach with these special details. Develop Lockdown Procedures at Parks Under Development: Working with City staff to determine status of lock down procedures at City parks, and will review and update as necessary. Crime Prevention Through Environmental In progress: MBPD personnel assess City Design Parks and provide a report with recommendations to Parks staff. However, I there are costs associated with the I implementation of the recommendations. ReserveN olunteer Park Ranger Program Other: The creation of a park ranger program has been discussed in the past, and has associated cost implications. A policy discussion must take place to determine the scope, funding and management of such a program. ACH ENT B 584 2 Table of Contents Community Action Plan ................................................................................................ 3 Structure and Timeline ................................................................................................. 3 Recommendations ....................................................................................................... 5 Pledge of Commitment and Resolution ........................................................................ 5 Recommendation Action Chart .................................................................................... 7 In-School Safety Working Group ............................................................................. 7 Out-of-School Safety Working Group .................................................................... 10 Youth Services Working Group .............................................................................. 14 Community Education and Empowerment Working Group .................................... 21 585 3 Community Action Plan Purpose Over the years, senseless acts of violence have affected our entire nation. The recent tragedy in Newtown, Connecticut, horrified parents across the world, as mindless violence made its way directly into the heart of a place that had long been considered safe space for our children -an elementary school that could have been any elementary school across the country. Fear quickly steered the national conversations towards demands for action. The question, however, rests in determining what types of action will protect ail children while also bolstering preventive measures on and off school campuses. In establishing the Joint Roundtable on Youth Safety, Mayor Carlos A. Gimenez and Superintendent Alberto M. Carvalho have joined community leaders across the County to declare with deliberate action and a unified voice that enough is enough (See Exhibit 1 -Op-Ed Articles). The violence that regularly faces Miami-Dade's youth in their own neighborhoods requires that we, as a united community, each take personal responsibility for protecting our children. The answers do not lie in quick fixes or one- size-fits-all solutions. The recommendations presented in this report aim to ensure that the Miami-Dade County community comes together for the long haul to develop a safe envelope around our schools and other public places where children gather. It establishes first steps that will be taken by community leaders that have chosen to lead by example. It employs an approach that will engage the community as a whole, while also honing in on specific areas of the County that face chronic gun violence. The recommendations propose a holistic, comprehensive approach, inclusive of a continuum of work that will begin immediately. Structure and Timeline The first Joint Roundtable on Youth Safety was held on January 18, 2013, at 2:00 p.m., at the Vizcaya Museum & Gardens Village Garage (See Exhibit 2 -First Roundtable Invitation). At the first Roundtable, Miami-Dade County (MDC) Mayor Carlos A. Gimenez and Miami-Dade County Public Schools (M-DCPS) Superintendent Alberto M. Carvalho brought together mayors and police chiefs from all 34 municipalities to begin discussing the most effective means to safeguard our children. The discussion was guided by the following questions: • What do we currently do to ensure that our children are safe at our schools? At our parks? In our neighborhoods? Are there strategies that we are not currently utilizing that should be explored? Are there policies that hinder these efforts? 586 4 • How do we currently support our most vulnerable youth? How are their needs assessed? How are services delivered? How is success determined? Are there gaps in this process that need to be reviewed? • Are there current initiatives/community-based groups working together to address youth safety? Why and how were they created? How is success determined? Is there duplication of efforts? Can coordination across the County be improved? How can the impact of these efforts be maximized? At this first meeting, all attendees were invited to participate in working groups that would delve into answering the guiding questions and formulating recommendations that would make our schools, parks, and neighborhoods safer (See Exhibit 3-Working Group Participation Form). Each working group was chaired by at least one representative from MDC and one representative from M-DCPS. The co-chairs reached out to all municipalities and over 100 community organizations to participate in this process. The objective of these working group meetings was to share successful practices, discuss current challenges, and define helpful recommendations for short and long-term solutions. The four working groups each met four times between February 1st and February 26th to develop recommendations to present as part of the comprehensive Community Action Plan at the second Roundtable. The second Joint Roundtable on Youth Safety, held on March 8, 2013, at 3:00 p.m. at Miami Senior High School, allowed mayors and police chiefs to review the recommendations for short and long-term solutions developed by the working groups and discuss how to best implement them (See Exhibit 4 -Second Roundtable Invitation). Working Groups The working groups were structured in the categories listed below. All participating members were invited to attend all meetings. Additionally, all 16 working group meetings and both roundtables were appropriately noticed. • In-School Youth Safety Working Group, which focused on the following questions: o What do we currently do to ensure that our children are safe at our schools? Are there strategies that we are not currently utilizing that should be explored? If strategies are not being used, what are the reasons and ways to overcome impediments? Are there policies, state or federal laws, or regulations in place that hinder these efforts? • Out-of-School Youth Safety Working Group, which focused on the following questions: o What do we currently do to ensure that our children are safe at our parks? In our neighborhoods? Are there strategies that we are not currently 587 5 utilizing that should be explored? If strategies are not being used, what are the reasons and ways to overcome impediments? Are there policies, state or federal laws, or regulations in place that hinder these efforts? • Youth Services Working Group, which focused on the following questions: o How do we currently support all of the youth in our community? How are their needs assessed? How are services. delivered? How is success determined? Are there gaps in this process that need to be reviewed? What prevention strategies are currently in place in your community? • Community Education and Empowerment Working Group, which focused on the following questions: o How can we engage our current initiatives/community-based groups and our residents to work together to address youth safety? Can coordination across the County be improved? How can the impact of these efforts be maximized? How can we share information as effectively as possible? At each of the working group meetings, co-chairs provided all participants with an opportunity to share their ideas. All ideas were then prioritized and ranked by the groups, from which each group completed an action chart to address tangible steps that would need to be taken to implement the proposed recommendations. Recommendations As a result of the collective work of the participants in the aforementioned work groups, recommendations were vetted and ranked. Those that were deemed feasible and determined to have the greatest impact are reflected in the Joint Roundtable on Youth Safety Recommendation Action Chart (Action Chart). The Action Chart will serve as the roadmap to guide the work of the Roundtable and can be found on pages 7 -35 of this report. Pledge of Commitment and Resolution Working Group members who expressed an interest in participating as stakeholders within this process were asked to sign a Pledge of Commitment (See Exhibit 5) affirming their organization's continued involvement in this vitally important partnership and support for improving youth safety in Miami-Dade County. Although all efforts were made to cast a wide net for participation, it is our intent to keep this an open-ended process. As such, organizations or municipalities that elect to get involved after the initial work has started are welcome to join the effort. Municipalities that took part in the working groups will be asked to put forth a resolution before their governing boards to reaffirm their municipalities' continued involvement and support for improving youth safety. The draft resolution that MDC will present to the 588 6 Board of County Commissioners for consideration during their first meeting in April 2013 can also be found in Exhibit 6. Moving Forward Safeguarding the youth in our community is a long-term process that must be revisited regularly for comprehensive updates and concrete actions. The long-term success of the Roundtable's efforts to address this important issue will depend on true community-wide buy-in, with each and every resident taking personal responsibility for the safety and well-being of our young people. Efforts to further engage the community will be implemented as noted in the Community Education and Empowerment Working Group's recommendations. Moving forward on implementation steps for the Action Plan will begin immediately. It is our shared belief that the work of the Roundtable is just the first step in a collaborative, long-term process that will lead to the improved safety and enhanced quality of life for all of the residents of Miami-Dade County. 589 U'l (Q 0 JOINT ROUNDTABLE ON YOUTH SAFETY RECOMMENDATION ACTION CHART lead Recommendation I Stakeholder Increase Police Presence I Miami-Dade and Visibility In Schools Schools Police Department (MDSPD) Additional Participating Stakeholders Agencies as noted in APPENDIX la, Local Law Enforcement, Miami Dade County Public Schools Targeted Areas for Implementation Public, Private and Charter Schools throughout Miami-Dade County Action Steps for First 6 Months See APPPENDIX la, Outcomes for 6 Month Benchmarks 7 Additional Funding 1. MDSPD will facilitate I To be monthly meetings with determined by law enforcement and school administrators to enhance presence and partnerships with school community, which will support better collaboration and cooperation between school administrators and law enforcement. 2. After implementation of strategies, assess effectiveness through data collection. 3. After data assessment, determine feasibility of continued or enhancement of identified strategies. each stakeholders commitment U'l (Q ~ Recommendation County-wide SChool Crititallnddent Response Plan Limit Access While School Is In Session lead Stakeholder MOSPO Miami-Dade County Public Schools (MDCPS) Operations Additional Targeted Areas Participating for Stakeholders Implementation MOPO (Lieutenant Public, Private and Charter SChools of Miami Police .. -.,. •1t Miami-Department Dade County Public, Private and Charter Schools throughout Miami-Dade County 8 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks 1. Flnallze plan and obtain Finalized plan ::.rlnnt~>rl To be buy-in from Miami-Dade determined Chiefs. 2. Share lockdown Procedures With Local Agencies. 3. Develop anci Implement Mock Exercises. 4. Facilitate Operational Reviews With Law Enforceme-nt Agencies At School Sites. 5. Train school employees in plan. 1. Evaluate the needs of 1. Identify funding Bond and each school based on sources to purchase identify grant CPTED vulnerability standardized electronic opportunities assessments. access control system 2. MDSPD will continue and identification cards conducting unannounced for students and staff. site visits to determine 2. Evaluate the effectiveness of existing effectiveness of the security practices. equipment/new 3. Identify available technology to technologies for use in the determine the school environment feasibility of district through a pilot program wide implementation of involving identified additional equipment schools. through research and 4. Establish development of communication with established private and charter technologies. schools to share plans and strategies. - U'l (Q f\) b-............. ..... Recommendation Develop School Resource Officer Training Cameras With Live Streaming Capabilities Research and Develop A Smart Device Reporting Application CPTED and Threat Assessment Evaluations lead Stakeholder City of Miami Police Department • • i:limHg 1-emer MDPST!and Miami ,tt..,~ School of Justice MDCPS Capital Task Force Mlami·Dade County Crime Stoppers MDSPD Additional Targeted Areas Participating for Stakeholders Implementation Law Enforcement Officers participating in school activities MDPD Homeland Public, Private and Security Detective Omar Charter Schools Garcia throughout Miami-Dade County City (Jf Miami Police .Parents, Department Training Faculty, and general Center MDPD Homeland Public, Private and Security (Lieutenant Raul Charter Schools Martinez) and local Law throughout Miami-Enforcement with Dade County trained practitioners 9 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks Develop and offer training 1. ~~~ ...... ~,, quarterly R~;rl>'"'.' Xl'\i and to all agencies throughout best . , .,.,,etill~; any other Miami-Dade County. between MDSPD and available participating agencies, :t revise sources curriculum as needed or recommended best practices ,,;,. 1. Meet with Stakeholders 1. Obtain mutual To be to outline parameters. Agreement amongst all determined 2. Explore Smart Camera parties. Technology. 2. Proceed towards the implementation of the identified system., Implement and provide 1 .. ~--·~"""."" To be accessibility and promote effectiveness of the determined Crime Stoppers application. ·application for use by the 2. Identify any technical general public ilia smart issues to be addressed: devices such as phone arid 3.1dentify areas in need tablets. of improvement arid make adjustments to improve the performance of the appliCation. 4. Continue public awareness campaign. Coordinate with MDPD 1. Evaluate completed To be Homeland Security to surveys. determined prioritize all MDCPS 2. Implement School facilities and recommendations schedule surveys. based on available resources. U'l (Q w Recommendation Create Coalition Of All Schools Visibility l Truancy Sweeps lead Stakeholder Miami Dade School Hector Garcla) Miami-Dade Public Schools Police Additional Participating Stakeholders Public, Private and Charter Schools throughout Miami-Dade County. Miami-Dade County Youth Commission Miami-Dade Police Department and Local Law Enforcement Targeied Areas for Implementation Public, Private and Charter Schools throughout Miami-Dade County. Public, Private, and Charter Schools throughout Miami-Dade County. Action Steps for First 6 Months 1. Identify partnerships and schedule meetings with stakeholders. 2. Develop strategic plan . to create the working coalition of non-public schools in Miami Dade County. See Appendix lb. 10 Outcomes for I Additional 6 Month Funding Benchmarks 1. Recruit non-public I To be schools stakeholders to · determined develop goals and obJectives related to ~vnth~>•d< Of these onrariba•tinrl~ within the overall functional aspects of the wil:ler group based on strategic plan. 2. Establish coalition to address safety concerns at schools. 3. Hold quarterly· meetings to discuss and identify needs germane to these non-public schools. 4. Develop an Adion Plan to a'ddress.needs; Solidify/strengthen ongoing partnerships for truancy related operations. To be determined pending operational planning and staffing needs. U'l (Q ~ Communication /Reporting Recommendation Traffic Enforcement Police Presence During Early Release Dates Work Stations At Critical Parks Centralized Crime Data Warehouse For All Law Enforcement lead Stakeholder Miami-Dade Police ~ .... '""~"' law Enforcement Parks Departments, Miami-Dade Public Schools Police, Local Parks Department£ Miami-Dade Chiefs of Police Association via Miami Gardens PD (Chief Matt Boyd) Additional Targeted Areas Participating for Stakeholders Implementation Miami-Dade Public Areas frequented by Schools Police , after school Parks Department hours """'""'" rutm::: MDPD Homeland Parks and facilities Security Fusion known for juvenile Center presence on early release dates S~te, local, and Parks and fadlitles Federal known for government acthtlties school programs Miami-Dade Police County-wide Department, local Law Enforcement, Parks agencies 11 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks See Appendix lb. 1. . "!>'""" To be ,, ongoing partnerships V<C<C!> "'' l'o;V for traffic pending enforcement and itu:ilvidual education related efforts. I'" .,and 2. Initiate method for feedback from needs. stakeholders and community on our efforts. See Appendix lb. Implement To be announcement of determined early release dates to based on local government and staffing law enforcement needs. agencies. 1. Identify prioritized list Implement program, To be of sites for work stations; cletermlr1ed 2. Identify agencies that based on would enjoy mutual ·needs and benefit. costto 2. Draft Memorandum of Understanding between ...... ~ ......... , 1. Hold meeting amongst Identify/launch Funding will stakeholders to outline platform for crime be needed, parameters. data sharing amongst source to be 2. Explore options to stakeholders. determined gather and share data. based on available federal funding. -- U'l (Q U'l Recommendation Mental Health Training PAL & Community Based Organizations (CBOs) Enhanced D. ..... ~ Between law Enforcement and ParkS Personnel Police Presence At Parks During Large Events/Gatherings Lead Stakeholder Judge leifman's Office Habsi YMCA {Mr. Brian Sheafer) Parks Departments Parks Departments Additional Targeted Areas Participating for Stakeholders Implementation MDCPS Police, Parks ~··~"P"'~'~ and after. Department, CBOs, school program MDCPS Debbie coordinators •"' and facilities known for youth aCtivities and/or after-schooLflrograms CBOs, PAL Countv·wide organizations, Park agencies law .,,1f;..,, """"'""'' Parks arid facilities MDCPS, CBOs known for activities after school programs based on priority. Local law Parks and facilities enforcement known for youth agencies activities and/or large gatherings/event 12 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks Develop training Implement training To be curriculum for target program. -~-~'"""~W audience. based on needs. 1. Identify programs that 1. Increase To be would benefit from communication determined exchange of information. between organizations based on 2. Establish meetings to in related services to needs share information avoid duplication, assessment affecting PAL & CBOs. increase awareness, resulting from identify areas for meetings improvement. 2. Strengthen relationships with Law Enforcement. 3. leverage program resources. ·Identify means of "'~""'"' No cost to ·--.... '"" enhanced commtmltat!on ; "'"' ""'" "'"'"' and advanced schedules between parks for meetings. personnel, police and CBOs during ~-··~~~·~:-;_ ··-~·":""-:'' -·~ ... -~ participation/ = 1. Continue to implement Enhanced safety and Costs to be special events security at upcoming determined administrative order events. based on the (MDC) A0-8-3. event. 2. Share MDC order with municipalities. U'l (Q 0) Physical/ Facility Security Recommendation Enhance public awareness of • -•• .I cnme l"''"·~•mv••! ·~'"'"'''"'~programs Develop Lockdown Procedures at Parks CPT ED Reserve/Volunteer Park Ranger Program Security for Public Housing Near Parks lead Stakeholder Citizen's Crime Watch of Miami-Dade Parks Department Parks v~y~· " le'nt Parks Department Miami-Dade .Public Housing and Community ~ "'"' Additional Targeted Areas Participating for Stakeholders Implementation . Parks~~"'"' """'"·•· 1' priority -Parks and Miami-Dade facilities located in Schools crime areas based on .~of zip '"""'"'II'"'" u• Miami-Dade other parks as a crime "''"'""""'"''' MDCPS Operations. All parks with CBOs and municipal recreation centers and parks CBOs Mlaml·Dade Police Parks and facilities . and local law known for youth enforcement activities and/or after school programs based on priority list, which is based on assessment. All park agencies All parks Miami-Dade Parks Public housing D"'~'"'""'""'"' local ooroenng/near law~.;!'..,.~,. ... ~ ... agencies 13 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks 1. Formulate public Enhance awareness of To be awareness strategy for Crime Watch-Be· determined Youth Crime Watch Brave and Park Watch based on Concept, Be Brave to visitors of parks Hotline. through installation of ruaeds. 2. Add Sigr\age/Enhance signs and other Park Watch Program To awareness materials/ Include Surrounding campaigns. Neighborhood. Crimestoppers: 3. Increase coordination between Crime Watch and Park Watch " 1. Establish procedures Implement lockdown No cost and protocols for procedures. anticipated. lockdown. 2. Develop training drills. 1. Identify parks for Identify Costs related survey based on priority; ·"'· to cameras/ '""'"'"'' ~~, ""'' """' :2. Begin security needs based on CPTED assessments. recommendations. funding source to be determined based on "" "·'"·· Develop policy for 1. Implement program Funding program. and begin training. needed for 2. Share results with training park agencies. materials I uniforms. Establish/strengthen Establish poil'lts of No cost relationship between contact betwee.h anticipated. housing site managers, affected entitles and and local law implementllnes of enforcement communication. U'l (Q ....... Recommendation Route Safety 1 Identify The School Bus Routes/Stops That Are Most Problematic Identify the MDT Routes And Stops That Are Most ProblematiC (Carrying Juveniles To And Hom Systems of Care & Re-Entry School) Increase students' access to school-based behavioral/mental health services and referrals lead I I Stakeholder I Miami-Dade County Public Schools Miami-Dade Transit Miami-Dade County Public Schools (MDCPS) Additional Participating Stakeholders Miami-Dade Schools Police, Local law Enforcement Miami-Dade Schools Police and local law enforcement Targeted Areas for Implementation Problematic bus routes to include stops and actual buses. Problematic MDT bus routes to include stop:> and actual buses. All students Action Steps for First 6 Months ·See Appendix lb. See Appendix lb. 1. Maintain qualified and credentialed site-based student services team. 2. CAHSD will provide 2012 Head Start Community Needs information. 3. Comprehensive training for principals, teachers, and school personnel. 4. Establish health and mental health services throughout the school system. 14 Outcomes for I Additional 6 Month Funding Benchmarks Increase police I No cost patrol and address anticipated. problem areas. Increase police patrol and illddress ~"' areas, and consider additional routes to commute for Increased services and ratio of counselors to students. To be determined on recommended actions. To be determined based on the number of counselors needed. U'l (Q 00 Recommendation Develop pathways to connect resources (stakeholder meetings) Develop pathways to connect resources (stakeholder meetings) Support the families by providing a ,... 1mentor youth '"'"'"t"'""l$ community from some form of incarceration lead Stakeholder MDCI'S MDCPS Empower Youth Additional Targeted Areas Participating for Stakeholders Implementation See APPENDIX 2. At-risk youth and families See APPENDIX 2. At-risk youth and families State Attorney's Miami Gardens, Office {SAO), u. ·~ ·-~~,and Juvenile Services Department (JSD), Department of Juvenile Justice (DJJ), Administrative Office of the Courts (AOC); Department of Children and Families (DCF) and (CBO's} 15 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks 1. Recruit other service Coordinate levernge providers. monthly resource blended 2. Conduct Universal sharing/networkin Screenings. g meetings for month 3. look into supplemental, service providers benchmark mental and health clinics. (meetings will be 4. Agencies should present established their community services between the directly to principals. MDCPS, CBOs, and 5. An .individual (not on MDC). MDCPS payroll) who takes the responsibility of sending and linking community organizations with the school and the needs of students should inside each schools. 1. Gather and review Develop Directory/ leverage information. Resource Book. blended 2. Recruit other resource funding links, i.e., Switchboard, Children's Trust. 1. Identify resources Develop needed to provide Memorandum of advocacy and mentorship l for families for~;,:ice 2. Tap into faith~ based community, programs for support. U'l (Q (Q Family Engagement Recommendation One Stop education center for youth reentering the community after release from confinement or juvenile justice programs to prevent drop-out Training and retention of a cadre ofeffeetive Jlnieriile Judges Develop a Training Center/Professional Development Menu for collaborative participation of organizations/ professionals that provide services to at-risk youth and their families Lead Stakeholder MDCPS Public Defenders MDC Juvenile Services Department Additional Participating Stakeholders State Attorney's Office (SAO), Public Defender (PD). Juvenile Services (JSD), Dept. of Juvenile Justice (DJJ), Administrative Office of the Courts (AOC), and Community Based Organizations (CBO's)-DCF, Our Kids, and South Florida Workforce SAO, JSD, DJJ, AOC, and CBO's See APPENDIX 2. Share Your Heart (Victory for Youth). Lesbian Gay Bisexual Transgender (LGBT), Federation of Families, Faith Based Organizations, MDCPS 16 Targeted Areas Action Steps for Outcomes for Additional for First 6 Months 6 Month Funding Implementation Benchmarks Miami Gardens, 1. Explore the re-entry Finalize White Explore Homestead, and court pilot One Stop Paper. funding Liberty City through partnerships with options schools, DJJ, and CBO's 2. Establish and transition protocol for all youth entering a correctional facility to assist in motivating youth as they're released from confinement 3. Identify best practice programming for youth reentering the community i.e. Pilot drug court scenarios and re-entry court with judges 4. Develop White Paper detailing the plan. r1 ......... ·--:1. Reach outto the Chief Work with Chief To be Judge to schedule meeting. totralnand determined advocating for the engage juvenile ,;. '"'' d '" •~;un •s .. ""'."''~> an retention of effectiVe jm.ienile Judges. County-wide Identify organizations-local Make list available No additional and national-that are to the community. funding presently providing needed evidence-based training in the area of children and family engagement. en 0 0 After School & Mentoring Programs Enhance promotion of 211 and the county-wide 311 l(eep open hours to provide .services MDC Community Information And Outreach See APPENDIX 2. Greater M!aml I Switchboard of Miami I CBO's County-wide I County-wide I County-wide a engagement model appropriate for Miami Dade County. We will use the model across the b6ard betweeri MDC, the School system and the CBOs so that our approach is uniform and when Disseminate information of agencies listed with 211 and 311. ·1. Develop,a work group to come up with a viable 2. Identify specific and schools based on service needs of the community. Implement models .• Assess referrals and outcomes of call-ins. A plan for 17 No additional needed Additional funding requirements unknown Additional . will be needed en 0 ~ Recommendation MOU with CBOs to provide various services lead Stakeholder MDCPR/MDCPS Additional Targeted Areas Participating for Stakeholders Implementation Belafonte Taco ley County-wide Center, The Children's Trust, Urban Partnership Drug Free Community Coalition and Branches Inc., MDCPS South Florida Behavior Network 18 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks 1. Contact Miami-Dade MOU's signed Will be Parks & Recreation between MDCPR assessed after (MDCPR) and MDCPS and MDCPS. first six regarding current months. programming and available space for new programming 2. Develop a master list of present programs and space available in school and parks. 3. Develop MQU that will be signed between parks and schools for use of the facilities and enhancement of present programs {MOU approval will be obtained via the Board of County Commissioners). 4. Gather a master list of CBO Programs county-wide and their needs for space 5. Identify transportation services for children in need. 6. Identify organizations that can provide counseling services at the local parks and schools. en 0 f\) Youth Empowerment & Employment Recommendation """~ •""'"' Referral SYstem Creating Community Change: Youth Empowerment Summit Poster Cqntest In, !: ·=· .. ·~~"' ~--""'"' t.mgomgj lead Stakeholder Big Brothers Big Sisters MDCPS YCW Additional Targeted Areas Participating for Stakeholders Implementation All mentoring Cv.:n,, -:JI,.., :~f"~~~~. ! aKe :>!OCI(, "''".~'u' '"'~w Youth, MDC Anti-Defamation County-wide youth League {ADL), empowerment Youth Move, MCCJ, culminating events Youth Crime Watch held simultaneously {YCW), in every senior high Safe Schools school ~o.namoer of "'· '"'' """'"" .. .,.-...... ., Commerce ProJect 19 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks 1. ldentlfy target zip 1. Increased Additional codes/communities. number of 2. Identify mentoring students and needed to program in each zip code. mentors enrolled sustain future 3. Create a database that in mentoring captures mentoring programs. services. 2. Mentor!ng 4. Disseminate list to Resource Center Providers. will launch · 5. EXpand school-based list "'"'' ""', "•& mentor'ing to community agenCies. mentoring (i.e: school to 1t Hold C<lll to work, ch-urches, etc.): Action eventat the 6: Expand workplace ... .,5,. onm5 of the mentofing to indude school year. muniCipalities and entrepreneurial skills to be included. 7, '"-"I> n~~~Yo-!renter (MRC) provides I klatal:rase. I Series of trainings for Peer Leaders leverage selected middle schools facilitate the existing and senior high schools development of community peer leaders. school-site action resources plans. 1. Publicize and promote Winner identified Sponsor contests. and recognized. ":'~'>"'""'""""" 2. Briefing sent to all for prizes. schools and principals. 20 I Additional I Areas Participating Youth Dialogue MDCPS Youth Move, ADL, I ,1. Partner with MDCPS to I Youth Dialogue I MDCPS (Ongoing)/School Based MCCJ, YCW, Safe provide training to all (Ongoing)/School training schools students like no place for Based training hate, youth crime watch techniques and safe school practices 2. Develop action plan for training. Identify MDCPS, The County-wide 1. Research 1.Establish 1. Solicit large Children's Trust, Select & Contact U:n.:a! Busimme&, employment programs and I I ;0·~~·~~ ;h:• ~e:•d:u~;;~: I Faith Based initiatives that have a track en Organizations, Civic record of success to meet. 0 Organizations the needs of the w community by communitY. support surrimerjob 2. Schedule with opportunities South business leaders and •t Collective Florida Workforce conductpresen designed to inc1 'n of new for job placement of motivated ' young people. 3. Utilize Recommendations and Youth Surveys and ·Assessments to drive .4;Jdentifywork sites. Identify and advocate for SFW/MDC MDCPS, The Homestead, Liberty Identify worksites Secure job I To be funding to support Children's Trust, City, Overtown, Miami placement and determined summer job local Businesses, Gardens, North Miami employer opportunities Faith-based Beach, FL City, etc. mentoring paid Or!tanizations """&!!$, en I 0 ~ lead Recommendation I Stakeholder Engagement 1 Create focus groups with Miami-Dade the following groups: County Libraries a. Youth and Juveniles b. Parents Impacted by Violence c. Teachers I d. Residents to share Working Group Recommendations and obtain feedback on best ways to engage others. [LINKED TO In-School's "Create a Coalition of Schools" Recomme Empowerment 1 Promote Youth .. I Miami-Dade Empowerment Summits Public Schools [LINK TO Youth Services' "Creating Community Chan·ge" Recommendati'oh] · I Additional Participating Stakeholders Empower Youth, PTA, Faith-based Community, Urban Partnership Drug Free Coalition, Miami-Dade County Public Schools Targeted Areas for Implementation I County-wide I County-wide Action Steps for First 6 Months 1. Identify library venues to host groups 2. Identify a professional facilitator. 3. Gather feedback from focus groups. 4. Incorporate parents as well as school-age (i.e., 5000 Role Models, Youth Summit Leaders, etc.) and college students in the development of a plan to empower them in their communities. 21 Outcomes for I Additional 6 Month Funding Benchmarks Provide action item oriented report based on group's findings. Will be assessed after first six months. en 0 CJ1 Recommendation Provide communication channel between youth and law enforcement. [liNKED TO In-School's" Crime Stopper's Application" Recommendation} Promote Coalition of Youth Crime Watch, Park Watch, and Neighborhood Watch [LINKED TO Out-of-School's "Enhrmce Youth Crime Watch Concept" ' """"""l ' lead Additional Stakeholder Participating Stakeholders Crime Stoppers Miami-Dade County, MDPD, Media partners Crime Watch Parks Department, Law Enforcement 22 Targeted Areas Action Steps for Outcomes for Additional for First 6 Months 6 Month Funding Implementation Benchmarks County-wide Work with CrimeStoppers Launch application None at this to develop a marketing marketing time. campaign to promote campaign. application. Targeted in key Work with Crime Watch to Assess progress of None atthis communities based on develop a marketing time. data Campaign to support comrm.mitles, outreach efforl:s. en 0 en Education/ Awareness Recommendation Create and identify "universal" and "per target audience" messaging using data from focus groups and youth summits. lead Stakeholder Miami-Dade County Community Information and Outreach (CIAO) and Miami-Dade County Public Schools Additional Targeted Areas Participating for Stakeholders Implementation Urban Partnership County-wide Drug Free Coalition 23 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks 1. Develop an extensive launch a long term None at this media plan where awareness time. Will messaging, audience, campaign assess further media outlets, reach, targeting parents, after six duration of campaign, and students and the months. rates are established and public sector. detailed. 2. Utilize Building Better Communities and the People's Transportation Plan as marketing models (community meetings and workshops). 3. Use marketing research tools to identify the top media channels, online, outdoors, print, transit. (i.e. advertise in shoppers to reach parent. Target video game & social media sites to reach children. Mall directories for both audiences). 4. Use County Assets to advertise on (i.e. GSA, Vizcaya, Zoo, 3-1-1 etc ... ). 5. Engage recognizable faces from each targeted community to be spokespersons. 6. Use PSAs in Heat and Marlins game-offered to the County free of charge. 7. Utilize Social and local media. en 0 ....... Recommendation in a long· term awareness lead Stakeholder Miami-Dade Outreath and Mlaml-Dade County Public Schools Additional Targeted Areas Participating for Stakeholders Implementation communities to community, Youth increased engagement Fair; Publix efforts 24 Action Steps for Outcomes for Additional First 6 Months 6 Month Funding Benchmarks 1. Target parents, students 1. launch student None at this and the public sector contest to Increase time. through avenues such reach and assess after six related to the school audience and months. district (i.e., The Parent better market the etc. issue. 2. Assess progress month arid m>soclated with on engagement a color to create awareness and (i.e. pink for breast cancer awareness) 3. Develop a co'unty~wide committee to' create an ·operational plan where ccirnmunlcation is established between all < departments and school board (i.e . .Schoo!Board robo calls) Which will allow· for the Lise of in-school media channels 4, Promote Poster Contest [LiNKED TO Youth Services . "Poster Contest"· 5. Enhance promotion Of 211 en 0 00 25 APPENDIX 1 Recommendations to Increase Police Presence and Visibility for In-School Safety MDSPD will meet with all local agencies to identify gaps in current service and discuss commitments for increased police presence and visibility in schools. MDPD and MDSPD also Will continue with the following current practices that are in place: • Directed patrols • Traffic enforcement (ingress & egress) • Opening/closing of the school year • Holiday/vacation dismissals • Classroom Presentations • Education (DARE/PAL) • Programs (mentorships/Shop With a Cop and Bigs in Blue) • Collaborative efforts (when requests are made by MDSPD) • Truancy sweeps. I Additionally, departments can enhance their current practices by employing some or all of the following recommended strategies: Strategies Departments Park and Talk : 1 Aventura Police • During available patrol time, with an emphasis on critical times of ingress and egress, Bal Harbour Police officers will respond to schools in their arba, where they will park their vehicles in a Biscayne Park Police visible location and engage in conversatidns with school staff, parents and students. Florida City Police This action will be recorded in the officer's daily activity reports. Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police North Miami Police Pinecrest Police "'"'"""""~~ """"""""""~ """"""""""""'"-~ '""" -........................................................ ------- en 0 <0 Conduct Roll Calls at Schools: I • During each month, area squads will conduct roll calls outside schools in a visible location. Methodologies for roll call deployments will incorporate statistical data and MDSPD requests. Classroom Presentations: • Officers will respond to schools on scheduled dates throughout the school year to conduct classroom presentations on a variety of topic to include: Career Day, the Great Program, K-9 presentations, and drug awa1reness. South Miami Police Sunny Isles Police Surfside Police West Miami Police Aventura Police Bal Harbour Police Biscayne Park Police Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police 26 Miami-Dade Public Schools Police North Miami Police Pinecrest Police South Miami Police Sunny Isles Police Surfside Police West Miami Police Aventura Police Bal Harbour Police Biscayne Park Police Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police North Miami Police Pinecrest Police South Miami Police en ~ 0 Write Reports: • Officers will be directed by area supervisors to complete their reports in highly visible locations at school sites, with an emphasis on times of ingress and egress. Quadrant Patrol: I • This strategy identifies schools that are situated within a quadrant, which is comprised of several grids, in an assigned area of patrol. Once identified, deployments of quadrant patrol for area schools will be based on statistical data that encompasses crime trends as well as MDSPD and community reque~ts. This patrol strategy will be recorded in the officers' Daily Activity Reports. Sunny Isles Police Surfside Police West Miami Police Aventura Police Bal Harbour Police Biscayne Park Police Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police 27 Miami-Dade Public Schools Police North Miami Police Pinecrest Police South Miami Police Sunny Isles Police Surfside Police West Miami Police Aventura Police Bal Harbour Police Biscayne Park Police Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police North Miami Police Pinecrest Police South Miami Police Sunny Isles Police en ~ ~ Departmental Training: • All police agencies can utilize MDCPS facilities during school hours to conduct in-service training for course such as Cardio Pulmonary Resuscitation (CPR), Report Writing and other academic based courses. Departmental Meetings: • In coordination with MDCPS local agencie~ will host community meetings that may include the Citizens Advisory Committee monthly meetings and other town hall meetings at area schools. This effort will increase visibility and presence during night school activities. Surfside Police West Miami Police Aventura Police Bal Harbour Police Biscayne Park Police Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police 28 Miami-Dade Public Schools Police North Miami Police Pinecrest Police South Miami Police Sunny Isles Police Surfside Police West Miami Police Aventura Police Bal Harbour Police Biscayne Park Police Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police North Miami Police Pinecrest Police South Miami Police Sunny Isles Police Surfside Police en ~ f\) Adopt-a-School: • This initiative will involve a two-prong approach with officers assigned to a community policing role who will work and interact with the kids, through mentorship. The program encourages volunteerism for officers who want to give back to their community by using schools as the focal point. Their presence will increase visibility at schools and build stronger partnerships within the school community. Coordinate with MDSPD to identify targeted schools within each area. Use of Police Reserve Officer {PRO) Program: • Provide School Resource Officer Training to PRO's who can be deployed to area schools for greater visibility. This could also be inclusive of the Adopt-a-School recommendation. ·····································································-··· 29 West Miami Police Aventura Police Bal Harbour Police Biscayne Park Police Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police North Miami Police Pinecrest Police South Miami Police Sunny Isles Police Surfside Police West Miami Police Aventura Police Bal Harbour Police Biscayne Park Police Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police North Miami Police Pinecrest Police South Miami Police Sunny Isles Police Surfside Police West Miami Police en ~ w APPENDIX lb Recommendations to Increase Police Visibility for Out-of-School Safety MDPD and MDSPD will contact local agencies to discuss commitments for increased police visibility for out-of-school safety. MDPD and MDSPD will also continue with, and in some cases add or enhance, the following practices: • Truancy sweeps • Traffic enforcement • Police presence during early release dates • Directed patrols Additionally, departments can enhance their current practices by employing some or all of the following recommended strategies: Strategies Departments Truanc~ Swee~s: Aventura Police • Identify partnerships with law enforcement and community through commitments to Bal Harbour Police participate in this initiative. These partnerships will include local law enforcement agencies and Biscayne Park Police community groups. Cutler Bay Policing Unit • MDSPD will coordinate monthly truancy sweeps and notify all participating agencies. Florida City Police • Commit to participate in high visibility monthly truancy sweeps with MDSPD County-wide. Homestead Police • Commit to conduct sweeps on dates likely to have high truancy (i.e. national skip day). Key Biscayne Police • Commit to encouraging regular truancy enforcement . Miami Beach Police • Work with community groups to encourage reporting of truants (i.e. Crime Watch) Miami-Dade Police 30 Miami-Dade Public Schools Police Miami Lakes Policing Unit North Miami Police Palmetto Bay Policing Unit Pinecrest Police South Miami Police Sunny Isles Police Surfside Police ····················--""""~" en ~ ~ Traffic Enforcement: • Identify partnerships with law enforcement and community. Coordinate logistics for traffic enforcement/education details. • Commit to conduct high visibility traffic enforcement details in areas frequented by youth after school hours or during commute/route 3 times a week. • Traffic details may include enforcement and/or education initiatives such as speed zone enforcement and seat belt violations. • Feedback and assessment of success will be measured through communication with stakeholders such as park managers, schools administrators, and community meetings such as Crime Watch. Police Presence During Early Release Dates: • Commit to provide enhanced visibility by way of directed patrols on early release dates (as provided by School Board). • MDPD Homeland Security Fusion Center to provide advance notice of dates via email notification to all stakeholders. • Feedback and assessment of success will be measured through communication with stakeholders such as park managers, schools administrators, and community meetings such as Crime Watch. 31 West Miami Police Aventura Police Bal Harbour Police Biscayne Park Police Cutler Bay Policing Unit Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police Miami Lakes Policing Unit North Miami Police Palmetto Bay Policing Unit Pinecrest Police South Miami Police Sunny Isles Police Surfside Police West Miami Police Aventura Police Bal Harbour Police Biscayne Park Police Cutler Bay Policing Unit Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police Miami Lakes Policing Unit North Miami Police en ~ CJ1 Route Safety: • Identify problem routes/stops by surveying bus drivers . • Commit to provide enhance police visibility by way of directed patrols at Miami-Dade Transit and Miami-Dade Schools bus stops/routes identified as problematic or having rowdy students. • MDT and Schools Transportation to provide lists of problematic stops/routes as they are identified and re-assess regularly. 32 Palmetto Bay Policing Unit Pinecrest Police South Miami Police Sunny Isles Police Surfside Police West Miami PoliceAII Local Parks Agencies I CBOs. Aventura Police Bal Harbour Police Biscayne Park Police Cutler Bay Policing Unit Florida City Police Homestead Police Key Biscayne Police Miami Beach Police Miami-Dade Police Miami-Dade Public Schools Police Miami Lakes Policing Unit North Miami Police Palmetto Bay Policing Unit Pinecrest Police South Miami Police Sunny Isles Police Surfside Police West Miami PoliceMiami-Dade Schools Transportation Miami-Dade Transit ·····················--------------------"~ Systems en Adeiada Kochen ~ en Constance Collins Nicole Attong Niurka Rolo anning Lori Laing Jeanette Garcia Angelica Myanez Ava Goldman APPENDIX 2 Care/Community Collaboration Contact List Homeless Youth Program I 305.825.0300 i Homeless Youth Program 305.825.0300 oc HKaba@judll.flcourts.org ICFH akochen@ichinc.org . ICFH I adomenech@icfhinc.org I Lotus House I Directorlotushouseshelter.org SFBHN nattong@sfbhn.org Citrus Health Network niurka@citrushealth.org --I DJJ Frank.manning@djj.state.fl.us Mimami Coacilation dhughes@miamicoalition.org Chrysalis Helath llaing@chrysalishelath.com JSD Jac0076@miamidade.gov MDCPS/5. Service amyanez@dadeschools.net MD CPS agoldman@dadeschools.net 33 en ~ ....... 34 i APPENDIX 3 Engagement of Parks Departments for Out-of-School Recommendations I I Strategles I Work Stations at Critical Parks: • Identify prioritized list of sites for stations-parks and facilities with youth activities and/or after school programs. 1 • Identify potential agencies that would enjoy mutual benefit. • Draft memorandum of understanding b~tween participating agencies-State, Local and Federal Government partners. Police Athletic league (PAL} and Community Based Organizations (CBOs): • Identify programs that would benefit from exchange of information. Parks Departments and Organizations Signing On Miami-Dade Parks, Recreation, and Open Spaces Department (PROS) City of North Miami City of Miami Springs City of Doral YMCA Optimist Club of Kendall Hammocks PROS City of North Miami • Establish meetings to share information bffeding PAL & CBOs, • Increase communications between organizations in related services duplication, increase awareness, identify areas for improvement. City of Miami Springs to avoid I City of Doral I Partnership between Law Enforcement (LE) and parks personnel/ enhanced relationships: • • Identify means of enhanced communica~ion and advanced schedules for meetings. Solidify/strengthen ongoing partnership~ between parks personnel, police and CBOs during scheduled meetings/events. YMCA Optimist Club of Kendall Hammocks PROS City of North Miami Beach City of North Miami City of Miami Springs City of Doral YMCA Optimist Club of Kendall Hammocks en ~ 00 -------···· --··-···········--······· ·-····· Police Presence at Parks During Large Events l Gatherings: • Develop/enhance communications between Park Departments and Law Enforcement for advanced notification of large events or gatherings in parks. Parks Departments to share policies, procedures, legislation for large events. Develo!;! Lockdown Procedures at Parks: • Establishment of procedures and protocols for lockdown at all parks with recreation centers and CBO youth facilities. Crime Prevention Through Environmental Design {CPTED}: • Identify parks for survey based on priority. CPTED is a multi-disciplinary approach to deterring criminal behavior through environmental design. CPTED's goal is to prevent crime by designing a physical environment that positively influences human behavior. • Begin security assessments . • Identify cameras/lighting needs based on CPTED recommendations . Reserve L Volunteer Park Ranger Program: • Develop policy for program . • Phase in beginning with parks and facilities with youth activities and/or after school programs. • Expand to additional Parks as reserve and volunteer rangers are added to the program . ..................... 35 PROS City of North Miami Beach (currently in place) City of North Miami City of Miami Springs City of Doral YMCA Optimist Club of Kendall Hammocks PROS City of North Miami Beach (currently in place) City of North Miami City of Miami Springs City of Doral PROS City of North Miami Beach City of North Miami City of Miami Springs City of Doral YMCA Optimist Club of Kendall Hammocks PROS City of North Miami City of Miami Springs City of Doral YMCA Optimist Club of Kendall Hammocks 36 Exhibit 1 Op-Ed Articles 619 37 iht MiamiHeralb CD Posted on Sun, Dec. 23, 2012 Protecting our children from gun violence BY ALBERTO CARVALHO AND CARLOS GIMENEZ Superintendent'sOffice@dadeschools.net NISSA BENJAMIN I MIAMI HERALD STAFF Our country is at a crossroads, one where we must stop and refocus on what important. Last week twenty beautiful little angels and six dedicated educators were taken in a senseless random act of violence in Newtown, Conn. Since then our nation has struggled for answers as to how such a tragedy could happen. This tragedy has touched every American, every parent, every child in a manner that is difficult to describe. In terms of the safety and preparedness of our schools, Miami-Dade County Public Schools is prepared for any emergency; however, a random act of violence is not predictable, particularly when perpetrated by an unstable individual. As a result, constant vigilance and preparedness are key to the security of our schools. M-DCPS is fortunate to have its own full-service police department, one of few in the state, and a full complement of security monitors at every schooL Even though every school has a site-specific emergency plan, all security protocols are being reviewed, including municipal first responder collaboration. Currently, the Schools Police Department has mutual ald agreements with all 37 local and state law enforcement agencies which service our community} ensuring that maximum resources are available in the event of any emergency. The safety of our children is a concern and a responsibility which extends beyond just the school system. It extends beyond our courageous men and women of law enforcement; it is a shared responsibility. That is why as superintendent of schools and Miami-Dade County mayor we are committed to coming to the table to evaluate how we, along with the county and other municipalities, can work together to creat;e an envelope of safety around our schools. Therefore in the coming weeks we will be inviting all of the chiefs of our community's police agencies to review current safety protocols and develop recommendations for improvements. Similarly, we are working to bring together mental healthcare professionals and those who provide social support services to identify opportunities for early interventions for at-risk and troubled youth. These meetings will then be followed up by a convening of mayors and other elected officials so that we may collectively identify resources and assets necessary to protect our schools and provide support to our youth. It is our intent that this work will yield specific recommendations and agreements which will 620 be announced by February. M-DCPS will also be providing planned critical safety and security infrastructure upgrades at schools in the immediate future as a result of the funds made available by the passage of the $1.2 billion bond referendum this past November. Examples of planned improvements include: perimeter fencing and campus access control, fire and security alarm replacement and upgrades~ public address system replacement and upgrades, additional surveillance cameras, and emergency lighting system upgrades, Those who continue to advocate the dilution of capital outlay funds, particularly into non-public entitles, must consider the implications on the safety conditions at our publicly owned school facilities. We can and we will continue to" fortify our schools and improve our safety and security protocols because the lives of our students and staff remain a paramount priority. Our nation has seen far too many tragedies like Newtown. Each time the horrible tragedy is met with an outpouring of emotion and a subsequent knee-jerk reaction from pundits and politicos, albeit rarely with any long term results. The recurring failure is that the emotional reaction to the heinous act never truly addresses the root cause of the problem. This cannot be the case again. Now is the time to put aside petty differences, partisan politics, and poll results and take a good long look at our policies and legislation, care and services for those with mental or emotional challenges, and our overall culture which regularly inundates youth and adults alike with violence, a disregard for the sanctity of life, and images and video games which glorify criminal lifestyles and the degradation of women. The responsibility for safety of our youth, the security of our schools, the very return of civility to our society does not rest at the feet of any one entity, but is instead a shared duty of us all. It must begin with an honest national conversation about our values and our priorities at the very highest levels of our government, in our houses of worship, in town squares and around our dinner tables. As Americans, as public officials, as fathers, our hearts broke on December 14 when those 20 little angels and six educators lost their lives, just as our hearts ache each and every time one of our own students loses their life as the result of a foolish decision or violent act. Through collaborative partnerships, responsible resource allocation, the availability of mental health and counseling services, and regular emergency response training we must create a safe environment in and around our schools and our students. This is an imperative of the highest order which can no longer be ignored or postponed. There can be no higher priority than the lives of our children. Alberto Carvalho is superintendent of Miami-Dade County Schools. Carlos Gimenez is mayor of Miami-Dade County. © 2012 Miami Herald Media Company. All Rights Reserved. http://www.miamiherald.com 621 38 iheBiamiHtralb fD Posted on Sun, Jan. 27, 2013 A holistic approach to gun violence in Miami-Dade BY CARLOS GIMENEZ AND ALBERTO CARVALHO miamidade.gov/mayor/ 39 NISSA BENJAMIN I MIAMI HERALD STAFF Elected leaders and law-enforcement officials from across Miami-Dade County convened a Joint Roundtable on Youth Safety last week, assembled in the wake of several recent tragedies involving guns and child victims, both nationally and locally. Among these were the senseless shootings of Miami teenagers Bryan Herrera and Aaron Willis, bright young students guilty of nothing more that riding their bikes when shot without reason or provocation. Our aim is to ensure that this community does everything possible to protect our most precious asset-young people like Bryan and Aaron -not only in their classrooms but also in their neighborhoods and local parks. These places should be safe havens for our children. Following the heinous actB of a few, we must redouble our efforts to fortify our community's public spaces, because no parent should ever have to second-guess their decision to let their child bike to a friend's house, walk home from school, or play ball at the local park. The first roundtable meeting included a frank exchange of ideas among the participants, with many stating that our overriding focus must be on safeguarding our schools. While school safety remains vital, statistics tell us that our schools are generally safe and that tragedies like the one at Sandy Hook Elementary are the exception, not the rule. In Miami-Dade County's public schools, more than 40 students' lives were cut short by violent acts in the last four and a half years; only one of those was on school grounds. So, while we will continue to improve school safety, we must also take a holistic, community-wide approach to our mission. In the coming weeks, the Youth Safety Roundtable will bring together four distinct working groups to assess what we are doing right to keep our kids safe in and out of the clas~;room; identify those areas where we are coming up short; and chart a clear path forward. That path must include a common-sense approach to gun control and gun responsibility. The working groups will include diverse local stakeholders: community leaders, educators, law-enforcement officials, mental-health specialists, social-service professionals, and faith-based leaders. The broad perspectives and expertise these parties bring to the table will help us answer the tough questions that recent tragedies have forced all of us to ask ourselves. 622 40 What are we currently doing to safeguard our children at our schools, at our parks, and in our neighborhoods? How can we improve? Are we giving our most vulnerable youths proper support? And how can we engage the broader community in this effort? The answers to these questions and others will form the guidelines for safeguarding our young for the long term -a working document that we will revisit regularly for comprehensive updates and concrete actions. The Joint Roundtable on Youth Safety will not be truly effective if it only remains a priority for a few months. Our children deserve better from us; we must be vigilant and keep this issue squarely in the forefront for years to come. While the memories of recent tragedies may fade with time, the possibility of future tragedies will not. Ultimately, the success of our efforts to address this community-wide issue will take true community-wide buy in, with each and every resident taking personal responsibility for the safety and well-being of our young people. We all have a stake in this. If we are successful in keeping our children safe, we will be successful in keeping our entire community safe. Miami-Dade Mayor Carlos A. Gimenez and Schools Superintendent Alberto M. Carvalho are co-chairs of the Joint Roundtable on Youth Safety. © 2013 Miami Herald Media Company. All Rights Reserved. http://www.miamiherald.com 623 41 Exhibit 2 First Roundtable Invitation 624 CARLOS A GII.\!E'NEZ 1.L-I.YOR January 9, 2013 [ADDRESS BLOCK] [Honorable I Chief] : ALBERTO M. CARVALHO SUPERINTENDENT 42 On behalf of Miami-Dade County Public Schools and Miami-Dade County, we invite you to participate in a Joint Roundtable on Youth Safety to be held on January 18, 2013, at 2:00p.m., at the Vizcaya Museum & Gardens Village Garage, located at 3250 South Miami Avenue (parking available at the Miami Science Museum parking lot}. This Roundtable wlll unite Mayors and Police Chiefs within the Miami-Dade community to work together on this vital public safety initiative. Over the past few years, senseless acts of violence have affected our entire nation. The recent tragedy in Newtown, Connecticut, as well as random violence against youth in our own community demand that we, as a community, come together to address this issue. The focus of the Roundtable will be the safety of our community's youth, not only in our schools, but also in our parks and neighborhoods. The objective is to share successfuf practices, discuss current challenges and define helpful recommendations for short and long-term solutions. In order to efficiently and effectively address this community-wide issue, we must first come together and share information to ensure that the strongest safety protocols are in place. Through these discussions, we will also identify ways to leverage our collective resources, encourage and increase community engagement, and create an envelope of safety around our schools and our children. We look forward to working with you on this collaborative effort. Sincerely, Carlos A Gimenez Mayor Miami-Dade County 625 Alberto M. Carvalho Superintendent Miami-Dade County Public Schools 43 Exhibit 3 Working Group Participation Form 626 Name: Joint Roundtable on Youth Safety Working Group Participation Form Name of Organization: Address: Phone Number: Alt. Phone Number: Email: I would like to participate in: __ Youth Safety Working Group: ·In-School Youth Safety Working Group 44 What do we currently do to ensure that our children are safe at our schools? Are there strategies that we are not currently utilizing that should be explored? If strategies are not being used, what are the reasons and ways to overcome impediments? Are there policies, state or federal laws or regulations in place, that hinder these efforts? __ Youth Safety Working Group: Out-of-School Youth Safety Working Group What do we currently do to ensure that our children are safe at our parks? In our neighborhoods? Are there strategies that we are not currently utilizing that should be explored? If strategies are not being used, what are the reasons and ways to overcome impediments? Are there policies, state or federal laws or regulations, in place that hinder these efforts? __ Youth Services Working Group How do we currently support all of our youth in our community? How are their needs assessed? How are services delivered? How is success determined? Are there gaps in this process that need to be reviewed? What prevention strategies are currently in place in your community? __ Community Education and Empowerment Working Group What community services are already available in the community? Are there current initiatives/community-based groups working together to address youth safety? What level of coordination, if any, exists between the various community agencies? Why and how were they created? How is success determined? Is there duplication of effort? Can coordination across the county be improved? How can the impact of these efforts be maximized? Please indicate participation preference by placing "f" for your first choice, "2" for your second choice, or "3" for your third choice by the respective working group category. If you have any questions or need additional information, please contact: Ms. Lilliam B. Dei~Gado, Administrative Assistant, at 305 995-1497 or email at lbdelg_ado@dadeschools.net, or Ms. Jackie Anghei-Novick, Assistant to Senior Advisor, at 305 375~2911 or email at angheiJ@miamidade.gov. Deadline: Tuesday, January 22, 2013. 627 45 Exhibit4 Second Roundtable Invitation 628 ALBERTOM. CARVALHO Slll'ERINTENDENT February 28, 2013 [ADDRESS BLOCK] [Honorable I Chief] : CARLOS A. GTh:!Th"EZ 'MAYOR 46 On behalf of Miami-Dade County Public Schools and Miami-Dade County, we invite you to participate in the second Joint Roundtable on Youth Safety to be held on March 8, 2013, at 3:00 p.m. in the media center at Miami Senior High School, located at 2450 S.W. First Street, Miami, Florida, 33135. Parking is available at the northeast corner of West Flagler and West 24 Avenue. The parking lot entrance is off West 24 Avenue. This meeting will unite mayors and police chiefs within the Miami-Dade community who have been working together with community stakeholders on this vital public safety initiative. Since the first roundtable met on January 18, 2013, four working groups, In-School Youth Safety, Out-of-School Youth Safety, Youth Services, and Community Education and Empowerment, have worked tirelessly to identify ways to leverage our collective resources, encourage and increase community engagement, and improve safety protocols for our public spaces in order to create an envelope of safety around our children. The focus of this second roundtable will be to share the recommendations for short and long- term solutions developed by these working groups and to discuss how we can best implement these practices within our respective communities. If you plan to attend, please contact, Ms. Lilliam B. Del-Gado, Administrative Assistant, Office of Intergovernmental Affairs, Grants Administration, and Community Engagement, Miami-Dade County Public Schools, at 305 995-1497 or lbdelgado@dadeschools.net. We look forward to your continued participation on this collaborative effort. Sincerely, Alberto M. Carvalho, Superintendent Miami-Dade County Public Schools 629 Carlos A. Gimenez, Mayor Miami-Dade County 47 Exhibit 5 Pledge Template 630 48 {INSERT ORGANIZATION'S LOGO) Joint Roundtable on Youth Safety Pledge of Commitment (Organization's Name) has participated in the Joint Roundtable on Youth Safety process and will be collaborating as a partnering stakeholder in the long-term action plan that will be presented at the second Joint Roundtable taking place on March 8, 2013 at 3pm. The success of our efforts to address this community-wide issue will require authentic long-term buy-in and consistent communication within and between participating organizations and agency. By signing this document, I (person's name) pledge my continued support of prioritizing youth safety in Miami-Dade County and will proceed in taking the necessary steps to continue {Organization's Name) involvement in this vitally important partnership. Signed------------------Date------ Print Name ----------------------- 631 49 Exhibit 6 Resolution Template 632 RESOLUTION NO. RESOLUTION SUPPORTING THE REPORT PRESENTED BY THE JOINT ROUNDTABLE ON YOUTH SAFETY AND DIRECTING THAT ANNUAL UPDATES BE PROVIDED ON THE PROGRESS OF THE COMPREHENSIVE COMMUNITY-WIDE ACTION PLAN INCLUDED WITHIN THE REPORT WHEREAS, the safety of our youth is critical to the safety of our entire community; and 50 WHEREAS, the Joint Roundtable on Youth Safety aims to ensure that Miami-Dade County does everything possible to protect our youth not only in their classrooms but also in their neighborhoods and local parks; and WHEREAS, through the Roundtable, Miami-Dade County Mayor Carlos A. Gimenez and Miami-Dade County Public Schools Superintendent Alberto M. Carvalho engaged leadership from all 34 municipalities and over 100 community stakeholders within Miami-Dade County to work on this vital public safety initiative; and WHEREAS, safeguarding the youth in our community is a long-term process that must be revisited regularly for comprehensive updates and concrete follow-up actions; and WHEREAS, to ensure that the strongest safety protocols are in place, information must be shared county-wide in order to identify ways to leverage our collective resources and to encourage and increase community engagement; and WHEREAS, the success of the Roundtable's efforts to address this issue will be dependent upon true community-wide buy in, with each and every resident taking personal responsibility for the safety and well-being of our young people; and WHEREAS, the Board supports the efforts of this Roundtable, and directs the Mayor or designee to work cooperatively with and support the Roundtable's work as outlined in its comprehensive, community-wide action plan; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board: 633 51 Section 1. Fully supports the Joint Roundtable on Youth Safety process and accompanying report. Section 2. Directs the Mayor or designee to continue the work and activities shared within the report. Section 3. Requests that an annual progress update be provided to the Board of County Commissioners. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Rebeca Sosa, Chairwoman Bruno A. Barreiro Jose "Pepe" Diaz Sally A. Heyman Jean Monestime Sen. Javier D. Souto Juan C. Zapata Lynda Bell, Vice Chair Esteban L. Bovo, Jr. Audrey M. Edmonson Barbara J. Jordan Dennis C. Moss Xavier L. Suarez The Chairperson thereupon declared the resolution duly passed and adopted this day of , 2013. This resolution shall become effective ten (1 0) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Approved by County Attorney as to form and legal sufficiency. 634 MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Deputy Clerk RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/ COMMUNITY AFFAIRS COMMITTEE AT ITS JUNE 25, 2013 MEETING AND SUPPORTING THE RECOMMENDATIONS OF THE MIAMI- DADE COUNTY AND MIAMI-DADE COUNTY PUBLIC SCHOOLS' JOINT ROUNDTABLE ON YOUTH SAFETY TO THE EXTENT THAT FUNDING IS AVAILABLE. WHEREAS, senseless tragedies, such as the fatal shooting in December 2012 of young students and teachers at Sandy Hook Elementary in Newtown, Connecticut, have recently affected our nation; and WHEREAS, a local news report recently indicated that between 2009 and 2012, 81 youths under the age of eighteen were victims of shootings in Miami-Dade County which resulted in fatalities; and WHEREAS, youth safety is critical to the entire community's safety; and WHEREAS, Miami-Dade County Mayor Carlos A. Gimenez and Miami-Dade County Public Schools Superintendent Alberto M. Carvalho recently formed the Joint Roundtable on Youth Safety ("the Roundtable") and engaged leadership from 34 municipalities and over 100 community stakeholders within Miami-Dade County; and WHEREAS, the Roundtable aims to provide a holistic, comprehensive, community-wide approach to protect children, not only in their classrooms, but also in their neighborhoods and local parks; and WHEREAS, safeguarding the youth in our community is a long-term process that must be revisited regularly for comprehensive updates and concrete follow-up actions; and WHEREAS, to ensure that the strongest safety protocols are in place, information must be shared county-wide in order to identify ways to leverage our collective resources and to encourage and increase community engagement; and WHEREAS, the success of the Roundtable's efforts to address this issue will be dependent upon true community-wide buy in, with each and every resident taking personal responsibility for the safety and well-being of young people; and WHEREAS, the Roundtable has issued a comprehensive Community Action Plan report ("the Report") with recommendations concerning in-school safety, out-of-school safety, youth services, and community education and empowerment; and WHEREAS, the Report's recommendations include increased police visibility at schools, school cameras with live streaming capabilities, high visibility truancy sweeps, enhancement of public awareness of existing crime prevention/reporting programs, increased student access to school-based behavioral/mental health services and referrals, identification of funding to support summer job opportunities, and promotion of youth empowerment summits; and 635 WHEREAS, the City Commission referred this matter to the Neighborhood/Community Affairs Committee at its April 17, 2013 Commission meeting and the NCAC considered the matter at its June 25, 2013 meeting and recommended supporting the Miami-Dade County and Miami-Dade County Public Schools recommendations of the Joint Roundtable on Youth Safety; and WHEREAS, the City of Miami Beach Mayor and Commission support the efforts of the Roundtable to improve youth safety; and WHEREAS, of the twenty (20) Roundtable's Community Action Plan recommended strategies that police and parks departments can implement to increase police presence and visibility for in-school/out-of-school safety and engagement of parks for out-of-school, the City is already implementing seven (7) and ten (1 0) are in-progress and can be easily implemented with minimal additional resources with the remaining three (3) not implemented at this time, as additional resources are required, and funds are not available. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby accept the recommendation of the NCAC at its June 25, 2013 meeting and support the Roundtable and its recommendations to the extent that funding is available to implement strategies to promote youth safety as described in the Roundtable's Report, which is attached as Exhibit A and incorporated herein. PASSED AND ADOPTED this __ day of July, 2013. ATTEST: Rafael Granado City Clerk Matti Herrera Bower Mayor / /// T:\AGENDA\2013\July 17\Youth Safety Joint Roundtable Reso.docL 2 636 THIS PAGE INTENTIONALLY LEFT BLANK 637 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, waiving, by a 5/7ths vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, and authorizing the purchase of parking meter expanded housing and electronic system from Duncan Industries Parking Control Systems Corp.; and single space parking meters, accessories and software from Mackay Meters, Inc. by the City's Parking Department for the maintenance and operation of single space parking meters citywide. Key Intended Outcome Supported: Improve Parking availability. 1-------------. ---Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates Item Summary/Recommendation: The Parking Department is in the process of transitioning from single space meters to multi-space meters. This will significantly diminish the inventory of single space meters remaining in the system. However, these meters require maintenance and replacements parts from Duncan for housing of the meter and MacKay for the internal mechanism of the meters. These components were purchased through the competitive bidding processed as outlined below. On January 9, 2002, Resolution No. 2002-24714, the Mayor and City Commission approved the award of RFP No. 43-00/01, for providing parking meter expanded housing and electronic locking system for the City's Parking System, to Duncan Industries Parking Control Systems Corp. This award was to purchase and install 5,000 expanded parking meter housings equipped with an electronic locking system in order to convert the balance of the parking meter housing inventory. On January 17, 2007, Resolution No. 2007-26442, the Mayor and City Commission approved the award of RFP No. 37-05/06, seeking contractors to provide single-space parking meters and provide certain services, to MacKay Meters, Inc. This award was to purchase 4,000 single space meters for the replacement of meter mechanisms citywide. The City entered into a three (3) year agreement with MacKay Meters commencing October 2, 2007. If the City were to competitively bid these items, we would have to replace the entire system resulting in additional expenses that are not necessary at this time. Financial Information: Source of Amount Funds: 1 30,000 ~ 2 3 OBPI Total Financial Impact Summary: ~lerk's Office Legislative Tracking: Saul Frances Si n-Offs: 480-0462-000342 Department Director Assistant Cit . SF T:\AGENDA\2013\July 17\ParkingMeterSupplies-WaiverCompBid-SUM.doc MIA,MI BEACH 638 - Account AGENDA ITEM DATE CIFF 7-11-l3> lrl 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 M City Commission DATE: July17,2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WA lNG, BY A 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE PURCHASE OF PARKING METER EXPANDED HOUSING AND ELECTRONIC SYSTEM FROM DUNCAN INDUSTRIES PARKING CONTROL SYSTEMS CORP.; AND SINGLE SPACE PARKING METERS, ACCESSORIES AND SOFTWARE FROM MACKAY METERS, INC. BY THE CITY'S PARKING DEPARTMENT FOR THE MAINTENANCE AND OPERATION OF SINGLE SPACE PARKING METERS CITYWIDE. FUNDING $30,000 480-0462-000342 ADMINISTRATION RECOMMENDATION Approve the Resolution KEY INTENDED OUTCOME SUPPORTED Improve Parking availability. BACKGROUND The Parking Department is in the process of transitioning from single space meters to multi; space meters. This will significantly diminish the inventory of single space meters remaining in the system. However, these meters require maintenance and replacements parts from Duncan for housing of the meter and MacKay for the internal mechanism of the meters. These components were purchased through the competitive bidding processed as outlined below. On January 9, 2002, Resolution No. 2002-24714, the Mayor and City Commission approved the award of RFP No. 43-00/01, for providing parking meter expanded housing and electronic locking system for the City's Parking System, to Duncan Industries Parking Control Systems Corp. This award was to purchase and install 5,000 expanded parking meter housings equipped with an electronic locking system in order to convert the balance of the parking meter housing inventory. 639 Parking Meter Supplies -Waiving of Competitive Bidding City Commission Meeting July 17, 2013 Page 2 of 3 On January 17, 2007, Resolution No. 2007-26442, the Mayor and City Commission approved the award of RFP No. 37-05/06, seeking contractors to provide single-space parking meters and provide certain services, to MacKay Meters, Inc. This award was to purchase 4,000 single space meters for the replacement of meter mechanisms citywide. The City entered into a three (3) year agreement with MacKay Meters commencing October 2, 2007. Although the contracts with Duncan and Mackay have expired, the Parking Department has standardized on this equipment and will need to continue to purchase parts in order to maintain the current single space meter plant operational. The parts needed are already configured to work under the current hardware and software and are only manufactured by these two companies. If the City were to competitively bid these items, we would have to replace the entire system resulting in additional expenses that are not necessary at this time. CONCLUSION The Administration recommends that the Mayor and City Commission adopt this Resolution waiving by 5/th vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest and authorizing the purchase of parking meter expanded housing and electronic system from Duncan Industries Parking Control Systems Corp.; and single space parking meters, accessories and software from Mackay Meters, Inc. by the City's Parking Department for the maintenance and operation of single space parking meters citywide. ~l JLM/PDW/SF/RA To~ 3Woly 17\P,ri<logMaie<Soppli<S-W'I'e<CompBid-MEMO doo 640 RESOLUTION TO BE SUBMITTED 641 OFFICE OF THE CITY ATIORNEY JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower Members of the City Commission CC: Jimmy Morales, City Manager FROM: Jose Smith, City Attorney Rafael E. Granado, City 'er DATE: July 17, 2013 SECOND READING PUBLIC HEARING SUBJECT: PROPOSED HOUSEKEEPING AMENDMENTS TO CITY CODE CHAPTER 38 "ELECTIONS" In addition to those provisions of the City Charter relating to City elections, 1 there are City Ordinances codified in Chapter 38 of the City Code dealing with the process of conducting City elections. The majority of the provisions in Chapter 38 were originally enacted in 1964. In order to ensure compliance with applicable statutory and County Code provisions, periodic review of these Code provisions is required. Accordingly, the City Attorney's Office has reviewed and analyzed Chapter 38, resulting in the attached Ordinance containing the following City Code amendments presented as a housekeeping matter: I. Amendments required by Florida law due to statutory preemption Prior to the 2011 statutory amendments to the State's Early Voting Law (Section 101.657, Fla. Stat.), municipalities had the power to opt out of the State's law and could thus self-regulate Early Voting for its elections. This ability to opt out was exercised by the City Commission in 2005, resulting in the adoption of City Code section 38-6 which provides, in part, for a total of 7 days of Early Voting preceding every General Election. However, last year, the State Legislature amended Section 101.657 by preempting a municipality's ability to completely opt out of the State's law. Municipalities must now adhere to the statutory Early Voting schedule for those City elections held in conjunction with County or State elections. However, for those City elections not held in conjunction with County or State elections, cities such as Miami Beach may opt out of the statutory provisions and thus may regulate the number of days and sites for Early Voting. Accordingly, the City Code amendments proposed herein establish the City's policy decision to self-regulate its Early Voting for City elections not held in conjunction with County or 1 See Miami Beach Charter, Articles VI "Elections" and VII "Initiative and Referendum." 643 Agenda Item P5 A Date 1-ll-13 State elections. The amendments propose a 14-day Early Voting period 2 with Early Voting sites at City Hall and the North Shore Branch Library. II. Amendments required due to County Elections Department Process In order to reflect the County Elections Department's procedure regarding the timing of its issuance of Final Election Returns, the proposed City Code amendments include changing the date on which the City Commission accepts/canvasses election returns from the day after the election date to the first business day immediately following the County Supervisor of Election's issuance of Final Election Returns. Ill. Miscellaneous Amendments Although not mandated by State or County law, the City Attorney further recommends as a housekeeping matter that the City Code amendments include language: • Confirming the City Commission's power to take emergency action at any Commission meeting occurring between a General election date and the date on which it accepts final Run-Off election returns; and • Including specific statutory citations to applicable provisions of the Florida Election Code, as well as corrections to non-substantive typographical errors; and • Creating City Code section 38-7, entitled "Petitions," for the purpose of ensuring ballot integrity with regard to initiative, referendum, and recall petitions filed under Article VII of the City Charter or Florida law. Signers of such Petitions shall be required to provide their address, date of birth or voter registration number, and date of signature to conform to current petition requirements. Petition Circulators shall also provide a statement confirming that they personally witnessed each signature. IV. Proposed Amendments to Apply Prospectively After Adoption At the request of Commissioner Ed Tobin, the City Attorney has researched and responds to the issue of retroactivity of the amendments proposed herein. In the absence of clear legislative intent to make the law retroactive, a law affecting substantive rights is presumed to apply prospectively only, while procedural or remedial statutes are presumed to operate retrospectively. See Young v. Altenhaus, 472 So.2d 1152 (Fla. 1985), Memorial Hospital-West Volusia, Inc. v. News-Journal Corp., 784 So.2d 438 (Fla. 2001), and Metropolitan Dade County v. Chase Federal Housing Corp., 737 So.2d 494 (Fla. 1999). Moreover, even if legislation clearly expressed an intent that it apply retroactively, the retroactive application will not be constitutionally permissible if it impairs vested rights, creates new obligations, or imposes new penalties. See State Farm Mutual Auto. Insurance Co. v. Laforet, 658 So.2d 55, 61 (Fla. 1995). Here, there is no legislative expression of retroactive intent. Even if such intent was expressed, the amendments would arguably not apply retroactively to an initiative petition which utilized the existing forms provided by the City Clerk, was already circulated, and has already been verified by the County Supervisor of Elections. Principles of equitable estoppel and the potential application of new obligations, expenses, and time constraints which would place burdens on 2 Per Section 101.657, Fla. Stat., the County Supervisor has the discretion to regulate the hours of Early Voting in the event the County conducts Early Voting. 2 644 the ability to have the item placed on the November ballot would support the prospective application of the proposed amendments. V. Economic Impact Analysis Pursuant to City Charter Section 5.02, the City is required to consider the long-term economic impact (at least 5 years) of proposed legislative actions. The predominant economic impact of the proposed Ordinance concerns the proposed increase in the number of Early Voting days for City stand-alone elections (not held in conjunction with County or State elections) from 7 to 14, with a daily Early Voting cost of $6,400 {$3,200/day x 2 sites = $6,400/day) and an increased annual cost to the City of $44,800 ($6,400/day x 7 days = $44,800/per election). Therefore, assuming one City stand-alone election per year, the projected economic impact of this Ordinance over a period of 5 years is $224,000 ($44,800 x 5 years= $224,000).3 F•\ATI'O\TUIC'I\COMMMEMO\Chapter 3 See Estimates from the Miami-Dade Elections Department attached as the Composite Exhibit hereto. 3 645 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 38 ENTITLED "ELECTIONS," BY INCLUDING REFERENCE TO APPLICABLE STATUTORY PROVISIONS OF FLORIDA ELECTION CODE; CORRECTING TYPOGRAPHICAL ERRORS; AMENDING CITY CODE SECTION 38-4 TO PROVIDE FOR COMMISSION CANVASSING OF ELECTION RETURNS ON THE FIRST BUSINESS DAY IMMEDIATELY FOLLOWING THE COUNTY SUPERVISOR OF ELECTION'S ISSUANCE OF FINAL ELECTION RETURNS AND CONFIRMING AUTHORIZATION OF EMERGENCY COMMISSION ACTION TAKEN AT ANY COMMISSION MEETING OCCURRING BETWEEN GENERAL ELECTION DATE AND ACCEPTANCE OF FINAL RUN-OFF ELECTION RETURNS; AMENDING CITY CODE SECTION 38-6 BY ESTABLISHING THE NUMBER OF DAYS FOR EARLY VOTING RELATIVE TO CITY GENERAL, RUN-OFF AND SPECIAL ELECTIONS UPON CITY COMMISSION AUTHORIZATION OF EARLY VOTING, AND AUTHORIZING CITY COMMISSION TO CHANGE EARLY VOTING SCHEDULE FOR ELECTIONS NOT HELD IN CONJUNCTION WITH COUNTY OR STATE ELECTIONS; AND CREATING CITY CODE SECTION 38-7 ENTITLED "PETITIONS" ESTABLISHING INFORMATION TO BE PROVIDED BY PETITION CIRCULATORS AND PERSONS SIGNING INITIATIVE, REFERENDUM AND/OR RECALL PETITIONS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. That Chapter 38 of the Miami Beach City Code entitled "Elections" is hereby amended as follows: Chapter 38 ELECTIONS.1 1 Charter references-Elections, Art. VI; Initiative and Referendum Elections, Art. VII. Cross references-Any ordinance calling elections or prescribing the manner of conducting the election in accordance with State law saved from repeal, §1-10(a)(16); Administration, Ch. 2; City Commission,§ 2-31 et seq.; election signs,§ 138-134. State Law reference-Florida Election Code, Fla. Stat. Chs. 97-106. 646 Sec. 38-1. State law adopted. Subject to provisions of Florida Statute §1 00.3605, AU general laws of the s§tate relating to elections which are not inconsistent or in conflict with the provisions of the Charter or this chapter are hereby adopted as part of this chapter. Sec. 38-2. City Commission to perform duties of County Board of Commissioners. Subject to provisions of Florida Statute §100.3605, +!he GCity GCommission shall perform all acts in relation to general GCity elections which, by the s§tate law, are made the duty of the b§.oard of GCounty GCommissioners. Sec. 38-3. Resolution by City Commission setting forth date and purpose of election, deadline for registration, polling places, change of polling places. (a) For the purpose of making proper provision for each municipal election held in the GCity, the GCity GCommission shall, not less than 30 days prior to the proposed date of such election, adopt a resolution setting forth the following: (1) The date upon which such election is to be held. (2) The purpose of such election. (3) The days and hours, prior to the date of such election during which persons qualified to vote therein may register for the election. (4) The list of polling places in the several precincts provided for by resolution. (5) The form of ballot to be used in such elections, prepared in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. (b) The GCity GCommission shall further authorize and direct the GCity GCierk to give notice of the adoption of such resolution and of the provisions thereof prescribed in subsection (a), by and through the publication of an appropriate advertisement in a newspaper meeting the requirements set forth in -F-,.S. Florida Statute §50.031 once a week for four consecutive weeks next preceding the day upon which such municipal election is to be held. If any polling place designated in such resolution shall become unavailable for use as such, the GCounty s§upervisor of e£1ections shall designate another polling place in the manner provided by s§tate law. Sec. 38-4. Canvass of Returns; Installation of New Officers. On the first business day immediately following the County Elections Supervisor's issuance of final election results. t+he GCity GCommission shall meet on the first 'Nednesday after a general election or as soon thereafter as practicable, and in the event a n.moff election is necessary the c.Q.ity cCommission shall meet on the day after the runoff election, for the purpose of canvassing the returns of such election(s) and ascertaining the results thereof. Should no fRun-eOff e£1ection be necessary, new officers shall be declared elected subsequent to canvass of final General e£1ection returns on the first Wednesday after the general election (or as soon thereafter as practicable), at which time the new officers shall be installed and shall enter upon 2 647 the discharge of their duties; if a fRun-eOff e£,1ection is necessary, all new officers shall be declared elected subsequent to canvass of final fRun-eOff e£,1ection returns on the first business day after the runoff election immediately following the County Elections Supervisor's issuance of such final election results, at which time the new officers shall be installed and shall enter upon the discharge of their duties. Moreover, if a fRun-eOff e£,1ection is necessary, the sCommission meetingf§l occurring on the first VVednesday after the general election between the date of General Election and the Commission's acceptance of final Run-Off Election returns shall occur for the limited purpose of canvassing the returns of such general election, and/or to address any emergency matter, pursuant to Florida Statute §952.38 (as amended from time to time) and City Charter §2.05. Sec. 38-5. Appointment and Duties of City Clerk in Connection with Elections. The sCity sCierk is nominated and appointed as the responsible official of the sCity and is hereby empowered, authorized and directed to perform all duties and functions and to exercise all powers of the s§.upervisor of registration or e£,1ections required to be performed under this Code, the sCity Charter, the sCounty Charter or Code and the laws and constitution of the s§.tate in connection with municipal elections; however, whenever any act or duty with respect to an election has been, or may be, performed by the s§.upervisor of e£,1ections of the sCounty, it shall not be necessary for the sCity sCierk to duplicate that act, but the sCierk may rely upon the actions of the s§.upervisor of e£,1ections of the sCounty. Sec. 38-6. Early voting. fat Pursuant to F. S. § 1 00.3605(1 ), it is hereby provided that commencing with the November 2005 municipal elections for mayoral and commission offices, all City of Miami Beach general, runoff and special elections are hereby exempted from the provisions of F. S. § 1 01.657(1 )(d) (the "Early Voting Statute"). The early voting statute provides for early voting to begin on the 15th day before an election and end on the second day before an election and provides other operational restrictions. (b) In lieu of the above described pro'lisions of F.S. § 101.657(1)(d), it is hereby provided that early voting, if authorized by the city commission, shall commence at Miami Beach City Hall eight days prior to the general election, and shall occur for a total of seven consecutive days; with early voting to occur on the Saturday and Sunday immediately preceding any run off election. (a} Pursuant to Florida Statute §101.657{1)00 (e), (the "Early Voting Statute"), the City of Miami Beach may provide for early voting in City elections that are not held in conjunction with County or State elections. with the ability of the City to designate as many early voting sites as necessary and to conduct its activities in accordance with the provisions of Florida Statute § 101.657 (1 )(a)-{ c). (b) If authorized by the City Commission per subsection (a) above, early voting shall occur at Miami Beach City Hall and the North Shore Branch Library in accordance with the following schedule: 1. General Election; Early voting shall commence fitfteen days immediately preceding the General Election for a total of fourteen consecutive days. 3 648 2. Run-Off Election: Early voting shall occur on the Saturday and Sunday immediately preceding any Run-Off Election. (c) The hours of early voting shall be noticed in a newspaper(s) of general circulation within the City of Miami Beach. (d) The remaining paragraphs of ~-Florida Statute §1 01.657, exclusive of paragraph (1 )(d) thereof, shall continue to apply to the GCity's §General, fRun-eOff and s§.pecial e.Siections as provided by law. (e) The GCity GCommission may, by resolution, adopted in advance of a §General, fRun-eOff or s§.pecial es_lection that is not held in conjunction with a County or State election per subsection (a) above, alter the site§. and/or schedule of days (and times. when early voting is either not conducted by the County Supervisor of Elections, or when the Supervisor is conducting the early voting but has not exercised the discretion to determine the early voting hours) for early voting from that which is provided above. (f) The GCity GCierk is hereby authorized to take any action not otherwise inconsistent with State or County law, which is necessary or expedient to implement early voting in accordance with this section. Sec. 38-7. Petitions. Each signer of an initiative, referendum or recall petition submitted pursuant to Article VII of the City Charter or Florida law, shall place thereon, his or her name (both printed and signed), his or her street address including City and State, his or her date of birth or voter registration number, and the date on which he or she signed the petition. Each person circulating a cogy of the petition shall attach to it a statement confirming that the circulator personally witnessed each person whose signature appears on the petition personally sign the petition on each of the respective dates set forth therein. 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. 2 The Early Voting time period for any Special Election held in conjunction with a General or Run-Off Election shall occur in accordance with the resgective time periods set forth above in Code §38-6(b) 1 and 2. 4 649 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: MAYOR MA TTl HERRERA BOWER RAFAEL E. GRANADO, CITY CLERK F:\ATTO\TURN\ORDINANC\Amending Chapter 38 regarding Elections and Petitions-Second Reading Version.docx 5 650 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending the Code of Miami Beach, by amending Chapter 2, entitled "Administration," by amending Article Ill, entitled "Agencies, Boards and Committees," by amending Division 1, entitled "Generally," by amending Section 2-22, entitled "General Requirements," to provide procedures for the filling of special vacancies on the Board of Adjustment, Planning Board, Design Review Board and Historic Preservation Board; by amending Section 2-24, entitled "Termination of Office of Agency, Board And Committee Members," to amend the exception provisions to include special vacancies filled pursuant to Section 2-22 (21 ); and providing for repealer, severability, codification, and an effective date. Key Intended Outcome Supported: Increase satisfaction with neighborhood character. Increase satisfaction with development and growth management across the City. Process improved through information technology. Suooorting Data (Surveys, Environmental Scan, etc.): Item Summary/Recommendation: At the request of Commissioner Deede Weithorn, item C4P on the March 13, 2013 City Commission Agenda was referred to the Neighborhood/Community Affairs Committee to discuss "unexpected board vacancies requiring City Commission vote." At the April 29, 2013 Neighborhood/Community Affairs Committee Meeting, Commissioner Weithorn explained that from time to time, unexpected vacancies occur on certain City of Miami Beach boards authorized to make important planning and zoning decisions. In order to provide for the filling of such unexpected vacancies in a manner that affords greater public notice and public participation in the application process for such vacant positions, Commissioner Weithorn proposed amending the Code to provide procedures for the filling of special vacancies on the Board of Adjustment, Planning Board, Design Review Board and Historic Preservation Board. The proposed Ordinance provides that when filling special vacancies occurring prior to the end of a member's term on the Board of Adjustment, Planning Board, Design Review Board and Historic Preservation Board, the City Clerk must provide public notice of the vacancy and the Commission cannot fill the vacancy for at least ten (1 0) business days after the newspaper publication of the notice of special vacancy. The proposed Ordinance allows for the temporary filling of a special vacancy if the City Commission finds that an emergency exists. On June 5, 2013, this item was approved unanimously on first reading by the City Commission. The Administration recommends adopting the Ordinance. Advisory Board Recommendation: Upon considering Commissioner Weithorn's suggestion, the Neighborhood/Community Affairs Committee unanimously directed the City Attorney's Office to draft proposed legislation for the June 5, 2013 Commission Meeting addressing such unexpected vacancies. The Committee instructed that the proposed legislation include a notice and a waiting period provision. Financial Information: Source of Funds: 1 2 $782 Total $782 Amount Account 011.0210.000327 Financial Impact Summary: Assuming two such vacancies per year, the annual cost would be $782. Therefore, the projected economic impact of this proposed Ordinance over a period of 5 years is $3,910. rtment Director Assistant City Manager REG \July 17\Board Vacancies -summary.docx MIAMI BEACH 651 G EN DA ITEM __:_R:......S"......:8;;.......__-,--- DATE /-l1-t3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera-Bower and M FROM: Jimmy L. Morales, City Manager .. -L----w-r...-;;;: Date: July 17, 2013 SECOND READING PUBLIC HEARING SUBJECT: 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 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 2-22, ENTITLED "GENERAL REQUIREMENTS," TO PROVIDE PROCEDURES FOR THE FILLING OF SPECIAL VACANCIES ON THE BOARD OF ADJUSTMENT, PLANNING BOARD, DESIGN REVIEW BOARD, AND HISTORIC PRESERVATION BOARD; BY AMENDING SECTION 2-24, ENTITLED "TERMINATION OF OFFICE OF AGENCY, BOARD AND COMMITTEE MEMBERS," TO AMEND THE EXCEPTION PROVISIONS TO INCLUDE SPECIAL VACANCIES FILLED PURSUANT TO SECTION 2-22(21); AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the Ordinance. BACKGROUND At the request of Commissioner Deede Weithorn, item C4P on the March 13, 2013 City Commission Agenda was referred to the Neighborhood/Community Affairs Committee to discuss "unexpected board vacancies requiring City Commission vote." At the April 29, 2013 Neighborhood/Community Affairs Committee Meeting, Commissioner Weithorn explained that from time to time, unexpected vacancies occur on certain City of Miami Beach boards authorized to make important planning and zoning decisions. In order to provide for the filling of such unexpected vacancies in a manner that affords greater public notice and public participation in the application process for such vacant positions, Commissioner Weithorn proposed amending the Code to provide procedures for the filling of special vacancies on the Board of Adjustment, Planning Board, Design Review Board and Historic Preservation Board. Upon considering Commissioner Weithorn's suggestion, the Committee unanimously directed the City Attorney's Office to draft proposed legislation for the June 5, 2013 Commission Meeting addressing such unexpected vacancies. The Committee instructed that the proposed legislation include a notice and a waiting period provision. On June 5, 2013, this item was approved unanimously on first reading by the City Commission. 652 PROPOSED ORDINANCE The proposed Ordinance provides that when filling special vacancies occurring prior to the end of a member's term on the Board of Adjustment, Planning Board, Design Review Board and Historic Preservation Board, the City Clerk must provide public notice of the vacancy and the Commission cannot fill the vacancy for at least ten (1 0) business days after the newspaper publication of the notice of special vacancy. The proposed Ordinance allows for the temporary filling of a special vacancy if the City Commission finds that an emergency exists. • Notice Provision -After the City Clerk has been notified in writing by the board's liaison that a special vacancy exists in any of the above-referenced boards due to resignation, termination, removal, or death, a notice of special vacancy shall be posted in City Hall, on the City's website, and in any other place(s) that may be designated by the City Commission by resolution. The notice of special vacancy shall also be published once in a newspaper of general circulation in the City. • Waiting Period-An appointment to any of the above-referenced boards to fill a special vacancy shall not be made for at least ten (1 0) business days after the newspaper publication of the notice of special vacancy. • Temporary Appointment-Notwithstanding the notice provision and the waiting period, the City Commission may, if it finds that an emergency exists, authorize the temporary filling of a special vacancy by resolution. A person appointed to fill the special vacancy shall serve only on an acting basis, but with all of the powers and duties of board membership, until a final appointment is made. FISCAL IMPACT Pursuant to City Charter Section 5.02, the City is required to consider the long-term economic impact (at least 5 years) of proposed legislative actions. The predominant economic impact of the proposed Ordinance concerns the publication of the special vacancy notice once in a newspaper of general circulation in the City. The current cost of a 1 /3 page horizontal advertisement ( 4 columns x 5") in the Miami Herald Neighbors section on a Thursday is $391. Assuming two such vacancies per year, the annual cost would be $782. Therefore, the projected economic impact of this proposed Ordinance over a period of 5 years is $3,910. T:IAGENDA\2013\July 17\Board Vacancies-second Reading-memo.doc ~ 653 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 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 2- 22, ENTITLED "GENERAL REQUIREMENTS," TO PROVIDE PROCEDURES FOR THE FILLING OF SPECIAL VACANCIES ON THE BOARD OF ADJUSTMENT, PLANNING BOARD, DESIGN REVIEW BOARD, AND HISTORIC PRESERVATION BOARD; BY AMENDING SECTION 2-24, ENTITLED "TERMINATION OF OFFICE OF AGENCY, BOARD AND COMMITTEE MEMBERS," TO AMEND THE EXCEPTION PROVISIONS TO INCLUDE SPECIAL VACANCIES FILLED PURSUANT TO SECTION 2-22(21); AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, from time to time, unexpected vacancies occur on certain City of Miami Beach boards authorized to make important planning and zoning decisions in the City; and WHEREAS, in order to provide for the filling of such unexpected vacancies in a manner that affords greater public notice and public participation in the application process for such vacant positions, the City Code amendments set forth herein should be adopted. 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 Ill of Chapter 2 of the Code of the City of Miami Beach, Florida is hereby amended as follows: CHAPTER2 ADMINISTRATION * * * ARTICLE Ill. Agencies, Boards and Committees * * * DIVISION 1. Generally 654 Sec. 2-21. Applicability of division. Unless where otherwise stated, this division shall have applicability to all agencies, boards and committees of the city, including those related to the city redevelopment agency. The provisions of this division shall apply to the following agencies, boards or committees of the city only in those instances in which the applicable legislation or contract is silent concerning a matter set forth within this division: (1) Governed by federal, state or county law; (2) Created by contract; (3) Relate to land use issues (see City Code Subpart B); (4) Relate to pension funds; (5) Referred to as "commission committees" on which city commissioners serve as members; or (6) Exempt from certain provisions of this division. Sec. 2-22. General requirements. Except as otherwise specifically provided: (1) All agencies, boards and committees shall express a statement of their bodies' purpose. (2) All agencies, boards and committees shall appoint a chairperson and a vice- chairperson, or a chair shall be appointed by the mayor in cases dealing with a mayor's board or committee. (3) The enabling legislation for all agencies, boards and committees shall contain qualifications for membership as to knowledge and experience. (4) Members of agencies, boards and committees shall be affiliated with the city; this requirement shall be fulfilled in the following ways: a. An individual shall have been a resident of the city for a minimum of six months; or b. An individual shall demonstrate ownership/interest for a minimum of six months in a business established in the city for a minimum of six months. Exceptions to subsections (4)a. and b. of this section shall only be permitted if it is determined by the city commission that an agency, board or committee requires the membership of an individual with a specific position, knowledge, experience or expertise not available in another individual who may otherwise comply with the terms of subsections (4)a. and b. of this section. 2 655 (5) All ad hoc agency, board and committee terms shall be one year; all other agency, board and committee terms shall be two years, expiring on December 31 and commencing on January 1. a. Members appointed by individual city comm1ss1oners (referred to as "direct appointees") to a specific agency, board or committee shall serve for no more than eight consecutive years on such agency, board or committee. Notwithstanding any other provision of the city Code or of any resolution, commencing with terms beginning on or after January 1, 2007, the term of every board member who is directly appointed by a member of the city commission shall automatically expire upon the latter of: December 31 of the year the appointing city commissioner leaves office or upon the appointment/election of the successor city commission member. b. Members appointed by the city commission as a whole (referred to as "at- large appointees") to any agency, board or committee shall serve for no more than six years on any agency, board or committee as an at-large appointee. Nothing set forth in this subsection shall prohibit any individual from being reappointed (and serving up to six years) to any at-large position after a hiatus of two years. However, individuals serving on an agency board or committee who will have otherwise served six years as of December 16, 2006, may serve the remainder of their existing term. Term limits set forth in subsections (5)a. and b. of this section shall be measured retroactively from an individual's initial appointment to membership on an agency, board or committee. Exceptions to subsection (5)b. of this section shall only be permitted if it is determined by the city commission that an agency, board or committee requires the membership of a registered architect or registered landscape architect who does not otherwise comply with the terms of subsection (5)b. hereinabove. (6) An individual member can serve as a chairperson of a specific agency, board or committee for no more than four consecutive years. (7) All agency, board and committee terms shall be staggered upon initial appointment by the city commission. (8) All agencies, boards and committees shall be supported by a city department. The supporting department shall make every effort to provide appropriate assistance with the mailing of meeting summaries, agendas and notices. (9) If any member of an agency, board or committee fails to attend 33 percent of the regularly scheduled meetings per calendar year, such member shall be automatically removed. To calculate the number of absences under the 33 3 656 percent formula, .4 or less rounds down to the next whole number and .5 or more rounds up to the next whole number. (1 0) During meetings, a standard sign-in register must be completed by members of agencies, boards or committees. If there is not a quorum to conduct agency, board or committee business, attendance and absences must otherwise be recorded. (11) Attendance shall be recorded when an individual arrives within 30 minutes of the scheduled meeting time and remains for at least 70 percent of the meeting. (12) All agencies, boards and committees shall meet at least once quarterly, unless otherwise indicated in this chapter. (13) The chairperson or his designee shall biannually submit a completed written report form, supplied by the city administration, to the city commission and city manager. Additionally, the chairperson or his designee shall annually present an oral report to the commission and city manager. The contents of both the report form and the oral report shall be approved by the submitting agency, board or committee prior to the presentations. (14) Upon appointment, individuals shall receive an explanation of the government in the sunshine law, public records law, conflict of interest policy, mission statement, attendance requirements and other pertinent information. (15) Individuals serving on an agency, board or committee as ex officio members shall be nonvoting members. (16) The issue of conflict of interest/abstention impairs an individual's ability to be an effective member of an agency, board or committee. Members of any city agency, board or committee shall abide by the applicable provisions of F.S. ch. 112; County Code chapter 2 and article VII of this chapter, and any other applicable provisions of law, regarding conflicts of interest. (17) Members of the community shall be encouraged to attend agency, board and committee meetings. (18) Members of agencies, boards and committees shall be encouraged to make recommendations for the filling of vacancies on their respective bodies. (19) The city manager, or the city manager's designee, shall annually prepare and present a report to the city commission tracking and identifying the city's diversity statistics. The report shall include the city's diversity statistics relating to individual commissioner, agency, board and committee appointments, city commission, agency, board and committee appointments, and city workforce diversity statistics. 4 657 {20) At-large appointment of agency, board and committee members to fill categories: a. When an appointment involves the selection of individual member(s) to fill any specified category or categories, the city commission vote(s) thereon shall be limited to the filling of each particular membership category by separate vote, with said votes to be taken and publicly announced in the order of category listings as set forth within the respective enabling legislation. Individuals seeking such appointments may qualify for more than one category. b. Notwithstanding the above, with regard to the City of Miami Beach Visitor and Convention Authority, any vacancy remaining after city commission appointments under the established categories may be filled by applicants from either or both (combined) the "hotel industry" category or "community at large" category. @ Filling special vacancies on certain boards. ~ Whenever a vacancy occurs on the Board of Adjustment, Planning Board, Design Review Board. or Historic Preservation Board prior to the end of a member's term of office due to resignation. termination. removal, or death. a special vacancy exists and said member shall cease to hold office immediately upon such resignation, termination, removal, or death. After the City Clerk has been notified in writing by the board's liaison that a special vacancy exists, a notice of special vacancy shall be posted in City Hall, on the City's website. and in any other place(s) that may be designated by the City Commission by resolution. The notice of special vacancy shall also be published once in a newspaper of general circulation in the City. An appointment to any of the above-referenced boards to fill a special vacancy shall not be made for at least ten (10) business days after the newspaper publication of the notice of special vacancy. Q., Notwithstanding subsection (21)(a). the City Commission may, if it finds that an emergency exists, authorize the temporarv filling of a special vacancy by resolution. A person appointed to fill the special vacancy shall serve only on an acting basis, but with all of the powers and duties of board membership, until a final appointment is made. * * * Sec. 2-24. Termination of office of agency, board and committee members; exceptions; notification of vacancies. (a) Expiration of terms. All persons serving on city agencies, boards or committees shall cease to hold office when a successor is duly appointed, or 60 days after 5 658 expiration of the term of their office, as such term is specified in the ordinance, resolution or other law creating such office, whether or not a successor has been appointed, whichever occurs first, and such persons shall at that time cease to exercise any rights, power or prerogatives of office. (b) Exceptions. (1) This section shall not apply to persons appointed to serve for a specified term "and until a successor is appointed," or words to that effect; such persons shall continue to serve until reappointed or a successor is appointed by the city commission. (2) This section shall not apply to any agency, board, committee, commission or authority governed by federal, state or county law. Q} This section shall not apply to special vacancies filled pursuant to subsection 2-22(21 ). (c) Notification of vacancies. The city manager shall give advance notice to the city commission, by notification in the agenda, of any and all future vacancies affected by this section. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. 6 659 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 Deede Weithorn) Underline denotes additions strike through denotes deletions MATTI HERRERA BOWER MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:\ATTO\TURN\ORDINANC\Administration-Vacancies in Agencies Boards and Committees.docx 7 660 COMMISSION ITEM SUMMARY Second Reading to consider an Ordinance Amendment modifying the setback requirements for certain t es of encroachments includin car orts, mechanical e ui ment and swimmin ools. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: OPEN AND CONTINUE The proposed Ordinance would modify the setback requirements for certain types of encroachments including carports, mechanical equipment and swimming pools. The subject Ordinance was approved at First Reading on May 8, 2013. The Administration recommends that the City Commission open & continue the Ordinance to a date certain of Se tember 11, 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. T:\AGENDA\2013\July 17\Accessory Setback Encroachments-SUM C.docx MIAMI BEACH 661 AGENDA ITEM _R_S_C.~­ DATE 7-/7-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and City Commission FROM: Jimmy L. Morales, City Manager DATE: July 17, 2013 SECOND READING SUBJECT: Accessory Setback Encroachme s 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 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 Open and continue to a date certain of September 11, 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 • RM-3 Accessory Use Signage 662 Commission Memorandum Accessory Setback Encroachments July 17, 2013 • Accessory Setback Encroachments Page 2 of 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 impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. 663 Commission Memorandum Accessory Setback Encroachments July 17, 2013 UPDATE Page 3 of 3 On May 8, 2013, the subject Ordinance was approved at First Reading by the City Commission. The Commission also referred the item to the Land Use and Development Committee for further discussion, prior to Second Reading. Specifically, the City Commission requested that additional language regarding neighbor notification for the relaxation of mechanical equipment setbacks be included in the Ordinance. Staff has revised the Ordinance to include this revision. However, at the June 12, 2013 Land Use Committee meeting, the item was continued to the July 22, 2013 meeting, due to the length of the agenda. Therefore, the Administration recommends that Second Reading for the item be continued to the September 11, 2013 City Commission meeting. CONCLUSION The Administration recommends that the City Commission Open and Continue the item to a date certain of September 11, 2013. lh .. JLM/JJ/RGUTRM T:\AGENDA\2013\July 17\Accessory Setback Encroachments-MEM OC.docx 664 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 665 unobstructed view between the grade and the lower ceiling edge of the carport of at least seven 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)CentFal air conditioners and other mechanical equipment Accessory oentFal air conditioners and any other rneehanical aqulpment may oeeupy a required side or rear yard, in single family townhome, or in the F<M 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 yard facing a street. (2)The maximum height of the flJC units does not exceed five feet above the elevation, as defined in subsection 142 1 05(a)2.j., of the lot ahvhich 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 wav. 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) The abutting property owners are notified, in writing, of the proposed encroachment(s). (6)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 - 666 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 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 7~-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 7~-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 chain link 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 667 maximum height of the visual barrier shall be pursuant to article IV, division 5 of this chapter. (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. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of-------· 2013. MAYOR 668 ATTEST: CITY CLERK First Reading: May 8, 2013 Second Reading: September 11, 2013 Verified by: .......... ----::------:""""--:-= ........... :-::- Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language 07/08/2013 T:\AGENDA\2013\July 17\Accessory Setback Encroachments-ORO OC.docx 669 THIS PAGE INTENTIONALLY LEFT BLANK 670 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 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 m1mmum 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 subject Ordinance was first reviewed by the City Commission on May 8, 2013. The Commission referred the Ordinance to the Historic Preservation Board for their input. The Administration recommends that the City Commission approve the Ordinance on First Reading and set a Second Readin Public Hearin for Se tember 11, 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. On June 11, 2013, the Historic Preservation Board reviewed the subject Ordinance and recommended approval. Financial Information: Source of Amount Account Funds: 1 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 S1 n-Offs: Department Director MIAMI BEACH 671 AGENDA ITEM R s D DATE J-ll·l3> MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: July 17, 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 at First Reading and schedule a Second Reading Public Hearing for September 11, 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. 672 Commission Memorandum Historic Hotel Unit Sizes & RM-2 Tower Setbacks July 17, 2013 Page 2 of 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 (3151330 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 5th 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. 673 Commission Memorandum Historic Hotel Unit Sizes & RM-2 Tower Setbacks July 17, 2013 Page 3of 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. UPDATE On May 8, 2013, the subject Ordinance was considered by the City Commission at First Reading. The Commission deferred action on the matter, and referred it to the Historic Preservation Board for their input. On June 11th, 2013, the Historic Preservation Board (HPB) reviewed the proposed Ordinance, and adopted the attached Resolution supporting the legislation. The HPB also recommended that the proposed ordinance be amended to provide for a maximum 20% reduction in square footage for existing hotel units, in order to meet life safety requirements, provided that all units are no less than 200 square feet. Staff has no objections to the amendment recommended by the HPB, and has incorporated it into the text of the Ordinance. Additionally, the hotel units size portion of the subject Ordinance only applies to historic district properties located within multi-family residential zoning districts (RM-1, 2 & 3). As a number of historic district hotels are also located within commercial zoning districts (CD-1, 2 & 3), it is further recommended that the City Commission refer a similar Ordinance Amendment to the Planning Board or the Land Use and Development Committee, which would cover commercial properties. CONCLUSION The Administration recommends that the City Commission approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for September 11, 2013. The Administration also recommends that the Commission refer a separate Ordinance Amendment, pertaining to historic district hotel unit sizes for those properties located within commercial zoning districts (CD-1, 2 & 3), to the Planning Board or the Land Use and Development Committee for consideration. JLMJ()RGUTRM T:\A~OA\2013\July 17\Historic Hotel Unit Size& RM2 Setbacks-MEM 1st read.docx 674 CITY OF MIAMI BEACH HISTORIC PRESERVATION BOARD RESOLUTION WHEREAS, the City of Miami Beach Historic Preservation Board is charged by Ordinance as serving in an advisory capacity to the City Commission and other City Boards on issues affecting the City's architecture, design, historic districts and structures; and WHEREAS, the Historic Preservation Board strongly supports the efforts of the City to promote and enhance its unique social and architectural history through increased education and outreach as it pertains to the retention and preservation of structures throughout the City; and WHEREAS, the Historic Preservation Board strongly supports and encourages the efforts of the City to maintain, preserve and protect its historic buildings and architecture as valuable historical, educational and visual resources for its residents and visitors. THEREFORE, it is hereby resolved that the Historic Preservation Board urges the City of Miami Beach to adopt the proposed ordinance amending Chapter 142, Article II, Division 3 of the City's Land Development Regulations regarding the Minimum Hotel Room Size for Historic Hotels within the RM-1, RM-2 and RM-3 zoning districts, traveling under File No. 2107 and that proposed ordinance be amended to provide for a maximum 20% reduction in square footage for existing units in order to meet life safety requirements, provided that all units are no less than 200 square feet. PASSED AND ADOPTED THIS 11th DAY OF JUNE, 2013. 675 William H. Cary For the Chair Historic Preservation Board 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: 676 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 12ermitted. Additionall:i, existing room configurations fQr the above des~ribed hotel. stru~t!J[!i\:fl ma~ be modifi~d tg address !iQQlicabl~ Uf~·~afet~ regulations, Qrovided the 200 sguare feet minimum unit size is maintained. 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) 677 7,000 50 New construction-550 New Non-elderly and elderly low construction-BOO and moderate income Non-elderly and housing: See section 142·1183 elderly low and Rehabilitated buildings-400 moderate income Hotel unit: housing: See 15%: 300-335 section 142·1183 85%: 335+ Rehabilitated For contributing hotel buildings-550 structures, located within a Hotel units-N/ A local historic district or a national register district, which are renovated in accordance with the Secretary of the Interior Standards and Guidelines for the Rehabilitation of Historic as amended, * * * Historic Historic district-50 district-S (except as (except as provided in provided in section section 142-1161 142-1161 Area bounded Area bounded by Indian Creek by Indian Dr., Collins Creek Dr., Ave., 26th St., Collins Ave., and 44th St.-75 26th St., and Area fronting 44th St.-8 west side of Area fronting Collins Ave. west side of btwn. 76th St. Collins Ave. and 79th St.-75 btwn. 76th St. Otherwise-60 and 79th St.-8 Lots fronting Otherwise-6 Biscayne Bay Lots fronting less than 45,000 Biscayne Bay sq. ft.-100 less than 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 678 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 equal16% of lot yards shall equal lots-1 0% of lot of the Amended Plat width 16% of lot width depth 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 Qedestal 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-800 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 679 142-1183 housing: See construction-120; construction-13; Rehabilitated section 142-1183 ground floor ground floor bui ldi ngs-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 142-1161 142-1161 register district, which are renovated in accordance with the SecretarY 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 12ermitted. As;ldJtjonall:i, th~. exist]QgiQQm configur~tjgnsfor the ;abov~ descri~~ghot~l ~tructures ma:tt?~= modifi~dto address .<'ipplica~J~.Jlfe~s~ regulations, RT9Yid~d the 200 SQY~f~f~et minimum unit size is maintaioed. 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 prov1s1on of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 680 SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of-------' 2013. ATTEST: CITY CLERK First Reading: July 17, 2013 Second Reading: September 11, 2013 Verified by:------------ Richard G. Lorber, AICP, LEED AP Acting Planning Director Strike Thru denotes deleted language Underscore denotes new language MAYOR APPROVED AS TO FORM & LANGUAGE & FOR E ~UTION #..,..,•¢ Double Underscore denotes new language recommended by Historic Preservation Board 07/08/2013 T:\AGENDA\2013\July 17\Historic Hotel Unit Size& RM2 Setbacks -ORO 1st read.docx 681 THIS PAGE INTENTIONALLY LEFT BLANK 682 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By Amending Article V, Entitled "Citywide Recycling Program For Multifamily Residences And Commercial Establishments" By Amending Section 90-343, Entitled "Public Education Program; Requirements For Recycling Contractors; Warning Period; Enforcement Date," By Extending The Warning Period To December 31, 2013 And Extending The Beginning Of The Enforcement Of Article V Of Chapter 90 To January 1, 2014; By Amending Section 90- 345, Entitled "Enforcement" By Providing For The Issuance Of One Warning Prior To The Issuance Of A Violation Beginning January 1, 2014; Providing For Repealer Severability, Codification, And An Effective Date. Key Intended Outcome Supported: Enhance the Environmental Sustainability of the Community. Supporting Data (Surveys, Environmental Scan, etc.): The solid waste haulers operating in the City have reported that approximately 50% of the multifamily and commercial establishments within the City do not have a Recycling Program. Item Summary/Recommendation: On June 6, 2012, the City Commission adopted Ordinance No. 2012-3768 mandating multi-family residences and commercial establishments implement a single-stream recycling program by July 1, 2013 and passed a motion requiring that the enforcement components of the ordinance be brought back for discussion after the first year. The objective of the recycling ordinance was to increase the percentage of waste diverted from landfills Citywide. The recycling ordinance provides for a one year City-led education and community outreach effort, including a six month warning period before issuing penalties. Since July 2012, staff has conducted targeted outreach to the condominium and business community, including participating in condominium workshops, attending condominium association meetings, and meeting individually with properties to provide assistance with improving their recycling programs. Per the ordinance, multifamily and commercial establishments that do not provide a recycling program serviced by a licensed recycling contractor or that fail to separate recyclable material from the solid waste stream have been subject to warnings since January 1, 2013. The ordinance stipulates that beginning July 1, 2013 properties without a recycling program will be subject to the penalties. As of May 2013, 1477 multifamily residential buildings, businesses and commercial establishments within the City of Miami Beach did not have a recycling program. This represents approximately 50% of all known commercial and multifamily accounts. While some of these properties have expressed their reluctance to comply with the ordinance requirements, other properties have indicated that limitations in the customization (i.e. number of bins, size of bins) of the recycling programs have prevented compliance. Additional constraints include space limitations within their property for recycling facilities and consistent contamination of the recycling stream by uneducated residents. THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON FIRST READING. Adviso_ry Board Recommendation: The Neighborhood and Community Affairs Committee recommended that the Ordinance be amended to extend the education and outreach efforts and warning period for another six months and recommended that the third waste hauler be selected prior to penalties coming into effect. Financial Information: Source of Amount Account Funds: 1 OBPI Total Cit Clerk's Office Le islative Trackin : Department Director ger ETC Sign-Offs: T:\AGENDA\2013\July 17\Recycling Ordinance Summary doc MIAMI BEACH 683 AGENDA ITEM F( 5 E DATE 7-!l-JS 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 City Commission FROM: Jimmy L. Morales, City Manager FIRST READING DATE: July 17, 2013 SUBJECT: AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING C APTER 90 OF THE MIAMI BEACH CITY CODE, ENTITLED "SOLID WASTE," BY AMENDING ARTICLE V, ENTITLED "CITYWIDE RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMNETS" BY AMENDING SECTION 90-343, ENTITLED "PUBLIC EDUCATION PROGRAM; REQUIREMENTS FOR RECYCLING CONTRACTORS; WARNING PERIOD; ENFORCEMENT DATE," BY EXTENDING THE WARNING PERIOD TO DECEMBER 31, 2013 AND EXTENDING THE BEGINNING OF THE ENFORCEMENT OF ARTICLE V OF CHAPTER 90 TO JANUARY 1, 2014; BY AMENDING SECTION 90-345, ENTITLED "ENFORCEMENT" BY PROVIDING FOR THE ISSUANCE OF ONE WARNING PRIOR TO THE ISSUANCE OF A VIOLATION BEGINNING JANUARY 1, 2014; PROVIDING FOR REPEALER SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the Ordinance on First Reading and set a Second Reading Public Hearing. BACKGROUND At the June 6, 2012 City Commission meeting, the City Commission adopted Ordinance No. 2012- 3768 mandating multi-family residences and commercial establishments implement a single-stream recycling program by July 1, 2013 and passed a motion requiring that the ordinance be brought back for their discussion of its enforcement components after the first year. The recycling ordinance provides for a one (1) year City-led education and community outreach effort, including a six (6) month warning period before issuing penalties. Per the ordinance, over the last year staff has conducted targeted outreach to the condominium and business community and has launched a public education campaign through various local media outlets. And, since January 1, 2013, multifamily and commercial establishments that do not provide a recycling program serviced by a licensed recycling contractor or that fail to separate recyclable material from the solid waste stream have been subject to warnings. The City's ordinance shares the same fee schedule provided by the County's ordinance. The ordinance stipulates that beginning July 1, 2013 properties without a recycling program will be subject to the following penalties for failing to provide a recycling program: 684 City Commission Memo -Recycling Ordinance July 17, 2013 Page 2 of2 a) For the first violation, a fine of $350. b) For the second violation, a fine of $500. c) For the third violation, a fine of $1 ,000. d) For the fourth and subsequent violations, a fine of $2,500. The penalties for failing to use a single-stream recycling process to separate recyclables from all other solid waste are proposed as follows: a) For the first violation, no fine. b) For the second or subsequent violations, a fine of $100. County Code (Section 15-2.5) gives the City the authority to establish and enforce its own ordinance, provided such ordinance is equivalent to or more stringent that the County's provisions. Therefore, per the City's Memorandum of Understanding (MOU) with the County, the penalties provided in the City's existing ordinance cannot be modified. The County has advised that it is agreeable to allowing an additional period for further education and outreach with the understanding that enforcement will begin in 2014. As of May 2013, 1477 multifamily residential buildings, businesses and commercial establishments within the City of Miami Beach did not have a recycling program. This represents approximately 50% of all known commercial and multifamily accounts. While some of these properties have expressed their reluctance to comply with the ordinance requirements, other properties have indicated that limitations in the customization (i.e. number of bins, size of bins) of the recycling programs have prevented compliance. Additional constraints include space limitations within their property for recycling facilities and consistent contamination of the recycling stream by uneducated residents. On June 26, 2013, the Neighborhood and Community Affairs Committee (NCAC) recommended that the Ordinance be amended to extend the education and outreach efforts and warning period for another six months (Attachment A). Also, in the upcoming months, the City will be selecting a third franchisee waste hauler to provide waste services to multifamily and commercial establishments. The NCAC recommended that the third waste hauler be selected prior to penalties coming into effect. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Ordinance on First Reading and set a Second Readi,ng Public Hearing. Attachment: A. Recycling Ordinance MT/ETC/JJF/RWS/ESW T:\AGENDA\2013\July 17\Recycling Ordinance Memo.doc 685 ORDINANCE NO.-------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE MIAMI BEACH CITY CODE, ENTITLED "SOLID WASTE," BY AMENDING ARTICLE V, ENTITLED "CITYWIDE RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS," BY AMENDING SECTION 90-343, ENTITLED "PUBLIC EDUCATION PROGRAM; REQUIREMENTS FOR RECYCLING CONTRACTORS; WARNING PERIOD; ENFORCEMENT DATE," BY EXTENDING THE WARNING PERIOD FROM JUNE 30, 2013 TO DECEMBER 31, 2013 AND EXTENDING THE BEGINNING OF THE ENFORCEMENT PERIOD FROM JULY 1, 2013 TO JANUARY 1, 2014; BY AMENDING SECTION 90-345, ENTITLED "ENFORCEMENT," BY EXTENDING THE BEGINNING OF THE ENFORCEMENT PERIOD FROM JULY 1, 2013 TO JANUARY 1, 2014; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the recycling of recyclable materials is in the best interest of the environment, City residents, and in maintaining the City's prominence as a world class resort destination; and WHEREAS, by managing solid waste and conserving material resources through reduction, reuse, and recycling, the City will help minimize impacts to the quality and safety of the local environment, reduce costs of waste disposal, and decrease the carbon footprint associated with the production use, and disposal of materials; and WHEREAS, pursuant to the adoption Ordinance No. 2012-3768, the City established a Citywide Recycling Program for multifamily residences and commercial establishments that provides standards that are equivalent to or exceed the minimum recycling requirements of Miami-Dade County; and WHEREAS, at its June 26, 2013 meeting, the City's Neighborhood/Community Affairs Committee (NCAC) recommended that the City's education and outreach efforts provided in Ordinance No. 2012-3768 should be extended for another six (6) months to increase program participation and to allow for a third franchisee waste hauler in the City to be selected prior to penalties coming into effect, and the City Administration and City Commission agree with the NCAC recommendation; and WHEREAS, Miami-Dade County has advised and agrees to an additional six (6) month period for education and outreach prior to enforcement as provided in the amendments 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 Article V, entitled "Citywide Recycling Program for Multifamily Residences and Commercial Establishments," of Chapter 90 of the Miami Beach City Code, entitled "Solid Waste," is hereby amended as follows: 686 CHAPTER 90 SOLID WASTE * * * ARTICLE V. CITYWIDE RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS * * * Sec. 90-343. Public education program; requirements for recycling contractors; warning period; enforcement date. a) Beginning June 1, 2012, the city shall engage in public education efforts and the city shall not prosecute individuals who unknowingly fail to provide a recycling program or a city approved modified recycling program, or unknowingly fail to separate recyclable materials from all other solid waste materials required to be separated by this article, until as provided in subsections (c) and (d) of this section. b) All recycling contractors must appropriately designate the recycling collection containers they provide to customers. The containers must contain the appropriate signage and information, as shall be established and approved by the city pursuant to subsection (c) below, that allows users to clearly and easily identify the container for recycling. c) Beginning January 1, 2013, the city shall provide for a six (6) twelve ill} month warning period, through and including, June 30, 2013 December 31. 2013, in which warning tickets shall be issued to persons who fail to provide a recycling program, or a City approved modified recycling program, or fail to separate recyclable materials from all other solid waste materials, regardless of knowledge or intent. d) Beginning July 1, 2013 January 1. 2014, this article shall be enforced and penalties shall be applied and imposed for violations of this article as provided in sections 90- 345 and 90-346. Notwithstanding the foregoing, prior to July 1, 2013, the City Manager shall bring the enforcement provisions of Article V to the City Commission for its review and consideration. * * * Sec. 90-345. Enforcement. (a) The city manager is hereby authorized and directed to enforce all the provisions of this article regulating and governing the accumulation, collection, recycling, and disposal of recyclable materials. The city manager shall have the power to delegate duties to employees working under his authority in the enforcement of the provisions of this article. 2 687 (b) Whenever a designated city inspector observes a violation(s) of this article, or an accumulation of recyclable materials that creates a health hazard, environmental hazard, or nuisance, the inspector shall order the violation(s) to be corrected within a specified period of time by serving a written notice of violation(s) upon the property owner or upon the manager or other person in charge. Such person(s) shall immediately cease or abate the violation(s). (c) If the inspector determines that the conditions constitute an immediate threat to the health, safety or welfare of the public, the inspector may order the immediate correction of the violation(s) at the expense of the property owner, manager, or other person in charge, and the city shall have the right to recover such expenses as provided in section 90-37(1). (d) A notice of violation shall be served personally or by certified mail upon the property owner, or upon the manager or other person in charge of the premises. If the person addressed with such notice cannot be found by the city after making a reasonable good faith effort, such notice shall be sent by certified mail to the last known address of such person, and a copy of the notice shall be posted in a conspicuous place on the premises. Such notice shall be deemed the equivalent of personal service. (e) Beginning July 1, 2013 January 1, 2014, violators of sections 90-340 and 90-341 shall be issued one warning and shall correct the violation within 30 days. If the violation is not corrected within 30 days, a notice of violation shall be issued. After one warning, violators of sections 90-340 and 90-341 shall be issued a notice of violation. All notices of violations shall specify any fine or penalty that may be due in connection with the violation(s), the time specified by the inspector to correct the violation(s), and the procedure for timely payment or appeal of the fine or penalty. 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. 3 688 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the day of-------' 2013. PASSED and ADOPTED this day of _______ ,, 2013. ATTEST: MAYOR MATTI HERRERA BOWER RAFAEL E. GRANADO, CITY CLERK Underline denotes additions and Strike through denotes deletions. F:\ATTO\TURN\ORDINANC\Recycling Program Ordinance 2013-Amending Sec 90-343 and Sec 90-345.docx 4 689 THIS PAGE INTENTIONALLY LEFT BLANK 690 R5 -Ordinances R5F An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By Amending Section 90-39 Entitled "Fine Schedule For Violations Issued And Applied To Owners, Agents, Tenants, Occupants, Operators Or Managers, Or Persons Responsible For The Violation," By Amending The Fine Schedule For Violations Of Section 90-36 And Providing For Consistent Terminology Regarding First Or Subsequent Offenses; By Amending Section 90-40, Entitled "Dine Schedule For Violations Of Section 90-98; 90-107; 90-191 Et Seq.; 90-221 Et Seq.; And 90-228 By Private Waste Contractors," By Amending And Providing For Violations Consistent With The Provisions In The Referenced Sections; By Amending Section 90-222, Entitled "List Of Accounts," By Providing Fine Schedules Reporting Requirements For Discontinued Accounts Consistent With Section 90-36; Providing For Repealed, Severability, Codification, And An Effective Date. First Reading (Requested by Commissioner Deede Weithorn) (Legislative Tracking: Public Works) (Memorandum to be Submitted in Supplemental) 691 Agenda Item R S' F Date 7-IJ-13 THIS PAGE INTENTIONALLY LEFT BLANK 692 OFFICE OF THE CITY ATIORNEY JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION CITY MANAGER JIMMY MORALES FROM: JOSE SMITH // CITY ATTORt-,I<E \ DATE: July 17, 2013 ? SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY AMENDING CHAPTER 82 OF THE CITY CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82- 503, ENTITLED "NAMING OF PUBLIC FACILITIES," BY ELIMINATING THE REQUIREMENT OF A REFERENDUM IN SUCH CASES WHEN THE FACILITY TO BE NAMED OR RENAMED IS CITY OWNED, AND NOT ALREADY NAMED FOR AN INDIVIDUAL OR INDIVIDUALS PURSUANT TO SECTION 82-503(a)(4), AND THE PROPOSED NAME INCLUDES THE NAME OF THE PHYSICAL LOCATION OF THE FACILITY OR THE FACILITY TO BE NAMED OR RENAMED, WHICH MAY INCLUDE THE NAME OF THE PARK AND/OR STREET WHERE THE FACILITY IS LOCATED; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. At its meeting on June 26, 2013, the Neighborhood/Community Affairs Committee ("NCAC") considered an item concerning the naming of the Flamingo Park Tennis Center. Following a discussion and consideration of the item, the NCAC recommended that the City Code provisions concerning the naming of public facilities be amended to provide for the naming of such facilities without the requirement of a referendum in cases when the facility to be named or renamed, and not already named for an individual or individuals pursuant to Section 82-503(a)(4), includes the name of the physical location of facility, which may include the name of the park and/or street where the facility is located. Therefore, the above-referenced Ordinance has been drafted by the City Attorney's Office for consideration by the Mayor and City Commission. JS/DT/sc F:\ATTO\TURN\COMMMEMO\Amending Chapter 82 ReNaming of Public Facilities.doc 693 Agenda Item R 5' V Date 7-/7-/3 ORDINANCE NO. _____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-503, ENTITLED "NAMING OF PUBLIC FACILITIES," BY ELIMINATING THE REQUIREMENT OF A REFERENDUM IN SUCH CASES WHEN THE FACILITY TO BE NAMED OR RENAMED IS CITY OWNED, AND NOT ALREADY NAMED FOR AN INDIVIDUAL OR INDIVIDUALS PURSUANT TO SECTION 82-503(a)(4), AND THE PROPOSED NAME INCLUDES THE NAME OF THE PHYSICAL LOCATION OF THE FACILITY OR THE FACILITY TO BE NAMED OR RENAMED, WHICH MAY INCLUDE THE NAME OF THE PARK AND/OR STREET WHERE THE FACILITY IS LOCATED, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, at its meeting on June 26, 2013, the Neighborhood/Community Affairs Committee ("NCAC") considered an item concerning the naming of the Flamingo Park Tennis Center; and WHEREAS, following a discussion and consideration of the item, the NCAC recommended that the City Code provisions concerning the naming of public facilities be amended to provide for the naming of such facilities without the requirement of a referendum in cases when the facility to be named or renamed, and not already named for an individual or individuals pursuant to Section 82-503(a)(4), includes the name of the physical location of facility, which may include the name of the park and/or street where the facility is located; and WHEREAS, the Mayor and City Commission wish to accomplish the recommendation of the NCAC with regard to the naming of public facilities. NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. AMENDMENT TO ARTICLE VI OF CHAPTER 82 OF THE CITY CODE A. That Section 82-503, of Chapter 82 of the Miami Beach City Code is hereby amended as follows: 694 * CHAPTER 82 PUBLIC PROPERTY * * ARTICLE VI. Naming of Public Facilities and Establishment of Monuments and Memorials * * * Sec. 82-503. Naming of public facilities * * * (c) Exterior portion (s) of a public facility or park. (1) Where an exterior portion(s) of a public facility, or where a park is to be named, the city commission may only consider a name approved by a majority of the members of the committee. (2) Additionally, any name so approved by the city commission must be approved by a five-sevenths vote and must be submitted to the electorate of the city by referendum at the next regularly scheduled election. The name selection shall be approved by a majority of the electorate voting in the referendum. Notwithstanding any other provision of this Article, the referendum requirements of this section shall not apply where any City owned facility, not already named for an individual or individuals pursuant to section 82-503 (a) (4), is to be named or renamed to include the name of the City, the physical location of the facility, which may include the name of the park and/or the street where the facility is located, a-00 the function of the facility .. or the current name of the facility. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 695 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. EFFECTIVE DATE This Ordinance shall take effect on the __ day of _____ , 2013. PASSED AND ADOPTED this __ day of-----' 2013. MAYOR ATTEST: CITY CLERK F:\ATTO\AGUR\RESOS-ORD\Naming of Public Facilities Ordinance (7-9-13).doc 696 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1\"\\) Date R5 -Ordinances R5H An Ordinance Implementing Provisions Of The 2012-2015 Collective Bargaining Agreement Between The City And The Communications Workers Of America, (CWA) Local 3178; Implementing Similar Retirement Plan Amendments For Members Who Are Not Included In Any Bargaining Unit; Amending The Miami Beach Employees' Retirement Plan Created By Ordinance 2006-3504; Amending Section 2.26 Of The Plan By Extending The Deferred Retirement Option Plan (Plan) Program From Three (3) To Five (5) Years For Eligible Members; Amending Section 5.13 To Reflect Amended Eligibility And Participation Requirements And Amended DROP Plan Features; Amending Section 4.03 By Eliminating The Purchase Of Additional Creditable Service For Certain Members; Providing For Severability; Repealing All Ordinances In Conflict Therewith; And Providing An Effective Date. First Reading (Pursuant to Ratification of the CWA 2012-2015 Collective Bargaining Agreement) (Legislative Tracking: Human Resources) (Memorandum to be Submitted in Supplemental) 697 Agenda Item _R~5-'-H_,___ Date 1-11-1~ , THIS PAGE INTENTIONALLY LEFT BLANK 698 R5-Ordinances R51 An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, As Follows: Providing For The Classifications In Group IV, Represented By The Communications Workers Of America (CWA) Local 3178, In Accordance With The Negotiated Collective Bargaining Agreement, Effective October 1, 2012, There Shall Be An Increase Of Eleven Percent (11 %) To The Maximum Wage For The Classifications Of Lifeguard II And Lifeguard Lieutenant; Effective In The First Pay Period Ending In October Of 2014, There Shall Be An Across The Board Cost-Of-Living Adjustment (COLA) Of Three Percent (3%), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased By Three Percent (3%); Repealing All Ordinances In Conflict; Providing For Severability, An Effective Date And Codification. First Reading (Pursuant to Ratification of the CWA 2012-2015 Collective Bargaining Agreement) (Legislative Tracking: Human Resources) (Memorandum to be Submitted in Supplemental) 699 Agenda Item RSL Date 7-11-t:S THIS PAGE INTENTIONALLY LEFT BLANK 700 COMMISSION ITEM SUMMARY Condensed Title: ~RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SETTING ~)THE PROPOSED OPERATING MILLAGE RATE; 2) THE REQUIRED DEBT SERVICE MILLAGE RATE; 3) THE ~ALCULATED "ROLLED-BACK" RATE; AND, 4) THE DATE, TIME, AND PLACE OF THE FIRST PUBLIC HEARING 0 CONSIDER THE MILLAGE RATES AND BUDGETS FOR FISCAL YEAR (FY) 2013/14; FURTHER AUTHORIZING THE CITY MANAGER TO TRANSMIT THIS INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER IN THE FORM REQUIRED BY SECTION 200.065, FLORIDA STATUTES Key Intended Outcome Supported: Ensure expenditure trends are sustainable over the long term; Control costs of payroll including salary and fringes; Minimize taxes; Improve the City's overall financial health and maintain overall bond rating Supporting Data (Surveys, Environmental Scan, etc.): 1-Over the last several years, the City of Miami Beach has adopted budgets that provided tax and fee relief while the providing improved services that address needs and priorities identified by the community and enhancing capital funding and reserves. However, these objectives became increasingly challenging in the last six years: first through property tax reform where tax rates were dramatically reduced; and subsequently with the decline in property values as well as increasing pension costs. In the last six years, the General Fund has absorbed more than $43 million in reductions (and more than $50 million city-wide and 271 positions across all funds) in a General Fund budget that is $256.3 million in FY 2012/13, which is only 8% more than the FY 2006/07 budget, despite pension contribution increases of $29 million over the same period. Further, a total of approximately $20 million in employee "give- backs" were achieved between FY 2009/10 and FY 2011/12. The FY 2012/13 budget included an estimated $3.8 million in employee "give-backs." Along with more than $50 million in reductions, this represents almost $73.9 million in combined "givebacks" and reductions over 6 years. Some of the savings budgeted in FY 2012/13 have not yet been achieved, as administration is still in the process of negotiations with the bargaining units. j-ln FY 2010/11 the city's approach to addressing the then deficit of $32 million included a distribution of the shortfall between taxpayers and employees. Taxpayers had their tax rate increased from 5.6555 to 6.2155, an increase of 0.56 mills. The goal of the Commission has been to bring them back to that level as property values increase over time. It should be remembered that between FY 2009/10 and FY 2010/11 values declined by $2.6 billion driving the need for an increase in the millage. FY 2013/14 values are still short of FY2009/1 0 values by $2.2 million. As values increase in the future, this will provide the opportunity for further reductions in the millage. In FY2011/12 the City took its first step in that direction with a reduction in the millage rate of 0.05 mills. The millage rate for FY2012/13 reduced the operating millage by an additional 0.07 46 mills and a total reduction of 0.1062 mills including the reduction in debt service millage. A total of 0.1246 mills in operating millage was reduced between FY 2010/11 and the adopted FY 2012/13 millage. Over two years, this reduction represents 22% of the goal to get back to a millage rate of 5.6555. The remaining goal for millaqe reduction is 0.4354. Item Summary/Recommendation: rrhe total proposed operating millage is 6.0909 mills, including a general operating millage rate of 5.9826 and a papital Renewal and Replacement millage of 0.1083. The proposed voted debt service millage rate is reduced from p.2568 to 0.2529. The budget development process is still underway, and the City's Proposed Work Plan and ~udget will be released later this summer. However, at this point in time, the gap between current service level evenues and expenditures is estimated at $4.9 million primarily due to previously bargained salary increases for ~nion positions and continued increases in health and pension costs, offset by increased revenues. The Current ~ervice Level (CSL) budget represents the cost of providing the same level of service as in the prior fiscal year. Advisory Board R~commendation: fCWPC July 8th, 2013 Financial Information: Source of Funds: ---Amount l I 1 !:=--:--:-"-OBPI ~otar _F Account Financial Impact Summ ary The July 1, 2013 Certification of Taxable Value from the Miami-Dade County Property Appraiser reflects a 6 .9 percent increase in Citywide property tax values from the July 1, 2012 tax roll certification. Given that the City Center RDA had a 7.3 percent increase, the increase outside the City Center RDA, which impacts the City's Gene ral Fund revenues, was 6.8 percent. The proposed millage for the FY 2013/14 budget, which is the same as last year, results in increased property tax revenues in the General Fund of $7.6 million. --··--·-'~·- City Clerk's Office Legislative Tracking: [ --- - Si n-Offs: MfAMIBEACH 702 DATE /-l1-{3 R7tt MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and FROM: Jimmy Morales, City Manage DATE: July 17, 2013 SUBJECT: A RESOLUTION OF THE M YOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA S TTING 1) THE PROPOSED OPERATING MILLAGE RATE; 2) THE REQUIRED DEBT SERVICE MILLAGE RATE; 3) THE CALCULATED "ROLLED-BACK" RATE; AND, 4) THE DATE, TIME, AND PLACE OF THE FIRST PUBLIC HEARING TO CONSIDER THE MILLAGE RATES AND BUDGETS FOR FISCAL YEAR (FY) 2013/14; FURTHER AUTHORIZING THE CITY MANAGER TO TRANSMIT THIS INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER IN THE FORM REQUIRED BY SECTION 200.065, FLORIDA STATUTES. ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the attached resolution which authorizes the City Manager to transmit the following information to the Miami- Dade County Property Appraiser: 1) Proposed Millage Rates for FY 2013/14: General Operating 5.9826 mills Capital Renewal & Replacement 0.1083 mills Sub-Total Operating Millage 6.0909 mills (same as last year) Voted Debt Service 0.2529 mills (0.0039 decrease from last year) Total 6.3438 mills (0.0039 decrease from last year) 2) "Rolled-Back" Rate (Truth in Millage) 5.5158 mills 3) The first public hearing to consider the proposed millage rates and tentative budgets for FY 2013/14 shall be Wednesday, September 11, 2013 at 5:01 p.m., in the City Commission Chambers, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. The "Rolled-Back" millage rate for FY 2013/14 is the millage rate required to produce the same level of property tax revenues in the General Fund in FY 2013/14 as anticipated to be received in FY 2012/13. It is important to note, that the January 1, 2012 tax roll Citywide declined by almost $1.1 billion ( 4.6%) between the July 1, 2012 valuation and the July 1, 2013 valuation due to appeals, adjustments, etc, which is part of the reason the FY 2013/14 "roll-back rate" is 0.58 mills lower than the FY 2012/13 current millage rate and lower than it would be if the rollback rate was only adjusted for the increase in revenues generated by higher property values. The area outside of City Center RDA, which impacts General Fund revenues, declined in value by approximately $0.8 billion during the same period of time. 703 FY 2013/14 Proposed Millage Rate July 17, 2013 Page 2 The proposed millage provides funding to partially offset increases to the Current Service Level Budget in employee costs such as 5% step increases for members not at the maximum of their range in the FOP and IAFF bargaining units; a maximum of 2 percent performance-based merit increase for other employees, higher overtime costs,a $5.5 million increase in pension costs, and higher health care costs. Other increases include increases in operating costs and internal service fund charge-backs. These increases are detailed in the "Initial General Fund Budget Gap" section. SUMMARY In FY 2010/11 the city's approach to addressing the then deficit of $32 million included a distribution of the shortfall between taxpayers and employees. Taxpayers had their tax rate increased from 5.6555 to 6.2155, an increase of 0.56 mills. The goal of the Commission has been to bring them back to that level as property values increase over time. It should be remembered that between FY 2009/10 and FY 2010/11 values declined by $2.6 billion driving the need for an increase in the millage. FY 2013/14 values are still short of FY 2009/10 values by $2.2 million. As values approach FY 2009/10 values, through further increases in the future, this will provide the opportunity for further reductions in the millage. In FY 2011/12 the City took its first step in that direction with a reduction in the millage rate of 0.05 mills. The millage rate for FY 2012/13 reduced the operating millage by an additional 0.07 46 mills and a total reduction of 0.1062 mills including the reduction in debt service millage for a total of 0.1246 mills between FY 2010/11 and the adopted FY 2012/13 millage. Over two years, this reduction represents 22 percent of the goal to get back to a millage rate of 5.6555. The remaining goal for millage reduction is 0.4354. The Administration is recommending a total combined millage rate for the City of Miami Beach of 6.0909. The total proposed operating millage has been kept flat and includes a general operating millage rate of 5.9826 and a General Fund Capital Renewal and Replacement millage of 0.1083. The proposed voted debt service millage rate is adjusted from 0.2568 to 0.2529, a decrease of 0.0039 mills. It is important to remember that in prior years, the City of Miami Beach significantly reduced tax rates as property values increased. Between FY 1999/00 and FY 2009/10, total combined City of Miami Beach property tax rates declined approximately 2.8 mils. In FY 2007/08 alone, the millage rate declined by approximately 1.8 mills, with annual savings to the average homesteaded property of over $400. Further, despite an adjustment of 0.56 mills in the operating tax rate in FY 2010/11, City of Miami Beach proposed combined millage rates today remain more than 2.3 mills lower than in FY 1999/00 (25 percent), and approximately 1.3 mills lower than 2006/07 when property values were similar to today's values. The budget development process is still underway, and the City's Proposed Work Plan and Budget will be released later this summer. However, at this point in time, the gap between current service level revenues and expenditures is estimated at $4.9 million primarily due to previously bargained salary increases for union positions and continued increases in health and pension costs, offset by increased revenues. The Current Service Level (CSL) budget represents the cost of providing the same level of service as in the prior fiscalyear. Through refinements to revenue projections that typically occur over the summer, and use of increased Resort Tax revenues which have been experienced during the current FY 2012/13 fiscal year, this gap is anticipated to be reduced by at least $2 million. Every million is equivalent to approximately 0.05 mills. 704 FY 2013/14 Proposed Millage Rate July 17, 2013 Page 3 BALANCING STRATEGIES At the July 8th Finance and Citywide Projects Committee (FCWPC) meeting, the committee gave direction to maintain the current tax rate for the preliminary millage, but directed the administration over the summer to identify opportunities to potentially reduce the millage, as well as offset increased funding for enhancements, as part of the process of balancing the budget. As a result, efficiencies, employee givebacks and potential service reductions will be considered in August prior to final budget adoption in September. As with the preparation of budgets for the last four years, departments are continuing to analyze and present their budgets from two perspectives: 1) a review for potential efficiencies, reorganizations to reduce cost, etc. without impacting services; and 2) performing a modified zero-based analysis of each department budget, identifying potential service reduction alternatives versus core functions. For each of the potential service reductions, departments provided the type of impact and the magnitude ofthe impact. Core functions were defined as those functions which, if cut, render it impossible for the department to provide basic service at a reasonable level. However, based on my review of department budgets to date, and given the extensive reductions in recent years, I am not expecting to generate significant cost reductions through efficiencies and service reductions. One of the priorities for cost reduction categories under consideration is reform of the Fire and Police pension plan. This has been a priority during ongoing labor negotiations and I am hopeful that we will be able to incorporate significant reductions in the City's annual required contribution for the FY 2013/14 budget. In August, the FCWPC will meet on the 21st and 22nd to review potential efficiencies, potential service reductions and revenue enhancements, as well as finalize approaches to balance the budget. The FY 2013/14 budget will be adopted in September, 2013 after two budget hearings. The budget development process is still underway and the City's Proposed Work Plan and Budget will be released later this summer. However, at this point in time, the gap between current service level revenues and expenditures is estimated at $4.9 million. Through refinements to revenue projections that typically occur over the summer, and use of increased Resort Tax revenues which have been experienced during the current FY 2012/13 fiscal year, this gap is anticipated to be reduced by at least $2 million. Every million is equivalent to approximately 0.05 mills. BACKGROUND Over the last several years, the City of Miami Beach has adopted budgets that provided tax and fee relief while at the same time providing improved services that address needs and priorities identified by the community (primarily in public safety, cleanliness, landscaping and beautification, recreation and cultural arts programming, renewal and replacement funding for our facilities, and building/development functions); and providing structural changes that enhance capital funding and reserves. However, these objectives became increasingly more challenging in the last six years: first through property tax reform where tax rates were dramatically reduced to offset increases in property values; and subsequently with the decline in property values without revisions to the property tax rate, as well as increasing pension costs. In the last six years, the General Fund 705 FY 2013/14 Proposed Millage Rate July 17, 2013 Page4 has absorbed almost $43 million in reductions and reductions of approximately $50 million city- wide and 271 positions across all funds. Further, a total of approximately $20 million in employee "give-backs" were achieved between FY 2009/10 and FY 2011/12, through a combination of freezing cost of living adjustments for all employees for two and one-half years, elimination of merit increases for all employee except members of the Fraternal Order of Police (FOP) and International Association of Firefighters) IAFF, increased contribution to pension for all employees except members of FOP and IAFF, pension plan changes for the Miami Beach Employees Retirement Plan, increased contributions for take-home vehicles by FOP members for 18 months, reduced holiday pay for IAFF members, and increased contributions to health insurance by members of the FOP and IAFF for 18 months. In addition, the FY 2012/13 budget included an estimated $3.8 million in employee "give-backs." Along with more than $50 million in reductions, this represents almost $73.9 million in combined "givebacks" and reductions over 6 vears. Some of the savings budgeted in FY 2012/13 have not yet been achieved, as administration is still in the process of negotiations with the bargaining units. FY 2012/13 Adopted 6-Year Total General Fund $Impacts FT PT $Impacts FT PT Public Safety ($136,000) 1.0 1.0 ($7,771 ,095) (68.0) 2.0 Operations (135,000) (3.0) (4.0) (5,940,867) (64.0) (27.0) Administrati~.e Support (189,000) (1.0) -(3,047,694) (33.9) 1.0 Econ & Cultural Dev -. -(1,193,426) (17.0) - Citywide (152,000) --(1 ,619,642) -- Subtotal $ (612,000) (3.0) (3.0) $(19,572,724) (182.9) (24.0) Transfers (320,000) --(23, 168,966) -- Total General Fund Reductions $ (932,000) (3.0) (3.0) $(42,741,690) (182.9) (24.0) Internal Service Funds ---(3,498,225) (37.1) - Enterprise Funds (196,000) (12.0) 8.0 {3,529,021) (51 .0) 16 0 GRANO TOTAL REDUCTIONS $ (1,128,000) (15.0) 5.0 $(49,768,936) (271.0) (8.0) Estimated Employee Givebacks ($3,781 ,000\1 (24,130,360) -- GRAND TOTAL REDUCTIONS AND GIVEBACKS*** $ (4,909,000) (15.0) 5.0 $(73,899,296) (271.0) (8.0) . . .. "Employee givebacks mclude $250,000 of no ment mcreases for the CWA bargammg umt Although the economy has stabilized, the impact of the recent recession has impacted both property tax revenues as well as pension costs for FY 2010/11, FY 2011/12, FY2012/13 and likely further into the future. Therefore, the City's strategy continues to consider the long term financial sustainability of the City. Beginning with the development of the FY 2009/10 budget, a strategy was developed to address shorHerm, mid-term and long-term financial needs. • Strategies to address short-term financial needs included ongoing efficiencies and wage concessions by employees. • Mid-term financial sustainability was addressed by pension concessions from current employees in the Miami Beach Employees Retirement Plan • Longer term financial sustainability is enhanced by the pension plan restructures that have been put in place for new employees in the Miami Beach Employee Retirement Plan. For example, for General Employees, the plan restructure proposed for new employees is projected by the City's actuary to reduce the City's annual required contribution by almost $1 million in FY 2012/13, with additional reductions annually as the number of employees in the Miami Beach Employees Retirement Plan hired after 706 FY 2013/14 Proposed Millage Rate July 17, 2013 Page 5 October 1, 2010 continues to increase. Further, as noted above, the City is in the process of negotiating for pension reform in the Fire and Police Pension Plan. All of the givebacks achieved to date, except the 18 month increased contribution to health by FOP and IAFF and the increased contributions for take-home vehicles by FOP members for 18 months, represent ongoing, recurring savings to the City and the employee give-backs contribute significantly towards the City's strategic goal (key intended outcome) to control payroll costs. INITIAL GENERAL FUND BUDGET GAP On the revenue side for FY 2013/14, based on the July 1, 2013 Certification of Taxable Value from the Miami-Dade County Property Appraiser, values of existing properties increased by 6.9 percent from the July 1, 2012 tax roll certification. In total, revenues are expected to increase by $6.1 million for FY 2013/14 principally due to increased property tax as a result of higher property values as wellas increased licenses and permits revenue offset by decreases across a number of categories. • Property taxes are projected to increase $7.6 million due to a 6.7 percent increase in taxable values, once City Center Redevelopment Area (RDA) tax increment revenues are excluded. • Other taxes are anticipated to decrease due to declining trends in telephone utility tax revenue (approximately $600,000) and lower than budgeted electric franchise fee revenues in FY 2012/13. Declines in telephone tax revenues reflect a continuing trend over the last few years; however, the decline in electrical revenues reflects a dip in recent months of FY 2012/13 which will be examined further over the summer. • Licenses and permits increased $2.4 million with the majority coming from increases in Building Department revenues. Building revenues can only be used to offset Building Department expenditures. Over the summer we will reconcile Building Department related revenues versus expenditures which may or not be available to offset the projected gap in the General Fund. • Budgeted fines & forfeits are decreasing 8.2 percent due to decreased County court fines for traffic and parking based on prior year and year-to-date trends. • Interest income is anticipated to decrease $0.5 million to reflect lower than budgeted revenue in FY 2012/13. • Rents and Leases are projected to be $0.55 million higher than the FY 2012/13 budget due to increased market activity. Resort tax revenues are shown as flat for the purposes of the Current Service Level budget estimates. These revenues will be adjusted later in the summer to reflect increases in tourism activity experienced during FY 2012/13. Resort tax revenue can be used to offset allowable reimbursable expenses directly related to activities supporting tourism in the General Fund Further, CSL revenues reflect the use of $2.7 million in prior year surplus specifically set aside for this purpose and $0.8 million set aside to offset pension increases (a decline from the $3.4 million and $2.2 million, respectively, set aside for FY 2012/13), along with $7.2 million in prior year Parking Fund operating surplus. Building Department reserves of $1.5 million are also included. 707 FY 2013/14 Proposed Millage Rate July 17, 2013 Page 6 On the expenditure side, CSL expenditures typically have increased between 6 percent and 8 percent annually due to salary and benefit increases and other normal cost of living adjustments. However, FY 2013/14, expenditure increases are estimated to total approximately $11.0 million (4.3 percent) increase in expenditures, similar to the FY 2012/13 CSL increase of 4.6 percent, the majority of which is due to the following: • A $2.6 million increase to reflect the impact of a 5 percent step increases for members not at the maximum of their range in the FOP and IAFF bargaining units; and a maximum of 2 percent performance-based merit increase for members of the Government SupeNisor's Association (GSA) bargaining unit, the American Federation of State, County and Municipal Employees bargaining unit (AFSCME), Communications Workers of America (CWA) bargaining unit, and unclassified employees. These increases are status quo contract increases, except for CWA members and unclassified employees whose merits have been frozen for the last 3 and 4 years, respectively. There is no Cost of Living Adjustment (COLA) included for any employees. • A $0.8 million increase primarily due to Police Department overtime costs increasing $660,000 over the FY 2012/13 budget amount that anticipated aggressive savings in overtime, to actual needs. • A $5.5 million increase in pension costs, which includes an increase of $2.2 million in Fire and Police and $3.3 million in the General Fund share of the $5 million increase Miami Beach Employee Retirement Plan (MBERP) annual required contributions. • A $0.2 million increase in health care costs, which reflects a 10 percent increase over projected FY 2012/13 health care costs, which are lower than theFY 2012/13 budget. The FY 2012/13 experience is determined by actuarial assumptions based on the claims expenses. • A $0.9 million increase in operating costs, a 3.5 percent increase from FY 2012/13 budget. The increases were driven primarily by increases in contract maintenance due to contractual cost escalations, other operating expenses in the Fire Department for higher costs related to changes in industry standards regarding packaging of medications, and increases of $125,000 in legal fees for outside counsel for collective potential ongoing increased level of collective bargaining/union negotiations. • A $1.8 million increase in Internal SeNice Fund charge-backs to Departments primarily due to similar increases in salary and pension costs as described above that are then charged back to the General Fund, as well as equivalent increases in health insurance costs for retirees, and increases in debt seNice for fleet vehicles. It is important to note that fuel prices in FY 2013/14 are budgeted at current prices. Should prices increase further, the General Fund will need to fund these increases. • A $0.8 million decrease due to the elimination of setting funds aside for future pension increases. The resulting gap between General Fund CSL expenditures and CSL revenues as of the July 1, 2013 Certified values is approximately $4.9 million. Attachment 1 summarizes the revenues and expenditures. 708 FY 2013/14 Proposed Millage Rate July 17, 2013 Page 7 DECISION-MAKING PROCESS Development of the FY 2013/14 budget began early in the calendar year with budget staff and departments working together to prepare their current service level budgets. In July with two budget briefings held with the Finance & City-wide Projects Committee (FCWPC). On July 8th the FCWPC reviewed the Current Service Level budget, which reflects budget increases or decreases necessary to provide the same level of services in the coming year. On July 1Oth, the FCWPC reviewed the proposed Capital Improvement Program, which details all of the City's capital projects over the next five years. In August, the FCWPC will meet on the 21st and 22nd to review potential efficiencies, potential service reductions and revenue enhancements, as well as finalize approaches to balance the budget. The FY 2013/14 Proposed Work Plan and Budget will continue our focus on providing "value of services for tax dollars paid" and will be adopted in September, 2013 after two budget hearings STATUTORY REQUIREMENTS FS 200.065, entitled "Method of Fixing Millage" establishes specific guidelines that must be used by all local government entities in setting millage (property tax) rates. Under the statute, the City is required, within 35 days of receipt of the "Certification of Taxable Value" (received July 1, 2011 ), to advise the Miami-Dade County Property Appraiser of the proposed general operating millage rate, the calculated "rolled-back" rate and the date, time, and place of the first public hearing to consider the proposed millage rates and tentative budgets for FY 2013/14. The required Debt Service millage rate must also be set at the same time as the general operating millage. After setting the proposed operating millage rate, the Commission may, at any time prior to the final adoption, lower the rates by adjusting priorities. However, increasing the millage rate may only be accomplished by an expensive mailing and advertising process to every property owner on Miami Beach. ANALYSIS OF PROPERTY VALUES IN MIAMI BEACH On July 1, 2013, the City received the "2013 Certification of TaxableValue" from the Property Appraiser's Office stating that the taxable value for the City of Miami Beach is $24.7 billion including $78.1 million in new construction. The preliminary 2013 value represents an increase of $1.6 billion or 6. 9 percent more than the July 1, 2012 Certification of Taxable Value of $23.1 billion and an increase of 6.5 percent excluding new construction. The comparative assessed values for the Miami Beach Redevelopment Agency City Center redevelopment district increased from $3.6 billion to $3.9 billion an increase of $263 million or a 7.3 percent increase over 2012 certified values. In addition, assessed values within the geographic area formerly known as the South Pointe redevelopment district increased from $3.6 billion to $3.9 billion an increase of $297 million, or an 8.2 percent increase in values over 2012 certified values. As a result, taxable values in the areas outside the City Center RDNSouth Pointe area increased by 6.3 percent, from $15.4 billion to $16.4 billion, an increase of $974 million. Citywide values excluding City Center increased from $19.5 billion to $20.8 billion, an increase of $1.3 billion or 6.8 percent. Values outside the City Center area determine General Fund 709 FY 2013/14 Proposed Millage Rate July 17, 2013 Page 8 revenues. Adjusting for the base value Center City RDA which remains in the General Fund, the increase is actually 6. 7 percent for the General Fund. COMPARATIVE ASSESSED VALUES Jan. 1 2013 Value (in Change from 2012 Jan. 1 2012 Value (in billions) billions) Value (Budget) As of July 1 Revised 2012 Value (For As of July 1 (For FY FY Change in 2013 2012/13 2012/13 2012 (For 20 1 2/1 3 $ Budget) Projection) Values %Chg. Budget) (in billions) %Chg RDA-City $ 3.6087 $ 3.4072 $(0.2015) -5.6% $ 3.8714 $ 0.2627 Ctr 7.3% South Pointe 3.6181 3.4734 (0.1447) -4.0% 3.9148 $ 0.2967 8.2% General 15.8455 15.1414 (0.7041) -4.4% 16.8704 $ 1.0249 Fund excl S.Pte 6.5% Total $23.0723 $22.0220 (1.0503) -4.6% $ 24.6566 $ 1.5843 Citywide 6.9% Citywide Net of City Ctr $ 19.464 $ 18.615 $ (0.849) -4.4% $ 20.785 $ 1.3216 6.8% VALUE OF ONE MILL OF TAXABLE VALUE The first building block in developing a municipal budget is the establishment of the value of one mill of taxation, wherein the mill is defined as $1.00 of ad valorem tax for each $1,000 of property value. For the City of Miami Beach, the value for each mill is determined by the 2013 Certification of Taxable Value and has been set at $24.6 million. Florida Statutes permit a discount of up to five percent for early payment discounts, delinquencies, etc. Therefore, the 95 percent value of the mill is $23.4 million. Net of Center City RDA tax increment available to the General Fund, the value of one mill at 95 percent is $20.0 nillion. MAXIMUM MILLAGE DETERMINATION For FY 2013/14, the proposed operating millage rate for general City operations is 6.0909, same as in FY 2012/13. Based on the July 1, 2013 Certification of Taxable Value, 6.0909 mills would generate approximately$142,671,71 0 in general tax revenues, an increase of$9,167,060 over FY 2012/13 budgeted property tax revenues Citywide (General Fund, City Center RDA and the South Pointe area). Further, the January, 1 2012 tax roll Citywide declined by $1.1 billion between the July 1, 2012 valuation and the July 1, 2013 valuation due to appeals, adjustments, etc., which is part of the 710 FY 2013/14 Proposed Millage Rate July 17, 2013 Page 9 reason that the FY 2013/14 "roll-back rate" is significantly less than the FY 2012/13 current millage rate. The area outside of City Center RDA declined by almost $0.8 billion. Further, pursuant to recently enacted State legislation, the City may elect to approve millage rates above the roll-back rate up to the constitutional cap of 10 mills subject to the following votes by the Commission or referendum: • Option 1: A majority of the approval of the Commission Millage is required to approve a millage up to 7.7169 (equivalent to 1.69 percent increase in property tax revenues). The 1.69 percent increase is the state per capita personal income gain for the prior calendar year. • Option II: A two-thirds approval (5 of 7 votes) of the Commission is required to approve a millage up to 8.4886 (equivalent to a 10% increase in the ad valorem revenues above Option I). • Option Ill: A unanimous approval of the Commission or referendum is required to approve a millage above 8.4886 up to the 10 mill cap The proposed operating millage rate of 6.0909 therefore requires a majority approval (4 of 7 votes) of the Commission. DETERMINING THE VOTED DEBT SERVICE MILLAGE LEVY The general obligation debt service payment for FY 2012/13 is approximately $5.9 million. Based on the July 1, 2013 Certified Taxable Value from the Property Appraiser, these bonds would require the levy of a voted debt service millage of 0.2282 mills. This represents a decrease of 0.0286 mills. COMBINING THE OPERATING ANDVOTED DEBT SERVICE MILLAGE LEVIES Illustrated below is a comparison of the combined millage rates and ad valorem revenues to the City of Miami Beach for FY 2012/13 and FY 2013/14 (preliminary) including RDA. It is recommended that in the General Fund, 0.1083 mills of the total operating millage continue to be dedicated to renewal and replacement, resulting in approximately $1.98 million in renewal and replacement funding. City of Miami Beach Millage Rates FY 06/07 FY 12/13 Operating 7.1920 Capital Renewal & Replacement 0.1820 1----+---- Sub-total Operating Millage Debt Service Total 7.3740 0.0000 0.0000 0.0000 FY13/14 FY 06/07 0.0% -17.4% If these recommended millage rates are tentatively adopted, then the City of Miami Beach's total operating millage will remain the same as the current year, and the voted debt service millage will decrease by 0.0039 mills. 711 FY 2013/14 Proposed Millage Rate July 17, 2013 Page 10 IMPACT OF JULY 17 PROPOSED MILLAGE LEVY IMPACT ON PROPERTY OWNERS Homesteaded Properties Amendment 10 to the State Constitution took effect on January 1, 1995 and limited the increase in assessed value of homesteaded property to the percentage increase in the consumer price index (CPI) or three percent (3%), whichever is less. For 20121 the CPI has been determined to be 1. 7 percent and therefore I the increase is capped at 1. 7% for increased values as of January 1,2013. Overall, based on the homesteaded properties in the January 1, 2012 homestead values as of July 1 I 2012 valuation, (the latest available from the Miami-Dade County Property Appraiser at this time), the median value of homesteaded property in Miami Beach for 2012 was $122,5821 and the average $295,315. Applying the increase to the market value of all existing homesteaded properties from the 2012 tax roll, and the 1. 7 percent CPI adjustment, the impact of the millage rate adjustment to homesteaded properties would be as shown in the following table. Homesteaded Properties FY 2013/14 FY2012/13* with 1. 7% CPI Median Alll':lrage 2013 Preliminary Taxable Value $122,582 $295,315 $124,666 $300,335 City of Miami Beach Operating $ 747 $ 1,799 $ 759 $ 1,829 Voted Debt 31 75 32 76 Total Miami Beach $ 778 $ 1,874 $ 791 $ 1,905 $Change in Taxes Operating $ 12 $ 30 Voted Debt 1 1 Total Miami Beach $ 13 $ 31 • Source: Miami-Dade County Property Appraiser's -2012-alll':lrage-median- homestead-residential-values file Historical Perspective It is important to remember that in prior years, the City of Miami Beach significantly reduced tax rates as property values increased. Between FY 1999/00 and FY 2009/10, property tax rates declined approximately 2.8 mills. In FY 2007/08 alone, the property tax rate declined by approximately 1.8 mills, with annual savings to the average homesteaded property of over $400. In addition, in FY 2005/06 and FY 2006/07, the City funded $200 and $300 homeowner dividends paid to homesteaded property owners in the City. 712 FY 2013/14 Proposed Millage Rate July 17, 2013 Page 11 I " t : t I o:f' I Total Combined Millage r---------·---- 98 99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10 '11 '12 '13 '14 Fiscal Years The combined millage rate overall remains approximately 2.5 mills lower or 27%, than it was in FY 1999/00. FIRST PUBLIC HEARING The first public hearing on the proposed millage rates and tentative budgets for FY 2013/14 must be held no later than 80 days or earlier than 65 days from the start of the TRIM ("Truth In Mill age") calendar (July 1st). Other guidelines are: 1) the public hearing cannot be scheduled on a Sunday or on those days utilized by Miami·Dade County or the Miami·Dade County School Board for their public hearings; and 2) if on a day other than Saturday, the public hearing must be after 5:00P.M. Based on these guidelines, the first hearing must be held between September 3rd and September 18th. These dates are unavailable for the following reasons: September 8 and 15 September 1 0 and 19 September 3 Sundays Proposed dates for Miami-Dade County Public Hearings Miami·Dade County School Board Public Hearing Of the remaining days, it is recommended that the first public hearing be set for Wednesday, September 11, 2013, at 5:01 P.M., in the City Commission Chambers, City Hall, and 1700 Convention Center Drive, Miami Beach, Florida. JM~J~ -Attachment 713 FY 2013/14 Proposed Millage Rate July 17, 2013 Page 12 ...--------------~"' ~· .. ·---~~···-· !& 1~ i FY 2013/14 GENERAL FUND CURRENT SERVICE LEVEL BUDGET PRELIMINARY ESTIMATE WITH JULY 1 VALUES GENERAL FUND REVENUES ATTACHMENT 1 CARRYFORWARD TO OFFSET PENSION COSTS LOSS of $2.2M CARRYFORWARD IN FY 2012113 • FY 2013/14$831,000 OTHER CARRYOVER FROM PRIOR YEAR DECREASED FROM $3.4 MILLION to $2.7 MILLION FY 2013/14 Prelim. %Change FY 2012/13 Est. as of July 1-$Change from from GENERAL FUND REVENUES Adopted Budget Current Millage Budget Budget Property Taxes $114,317,000 $ 121,965,000 $7,648,00J 6.7% Property Taxes-Normandy Shores 129,000 147,000 18,000 14.0"A. Other Taxes 24,023,000 22,207,000 (1,816,000) -7.6% Licenses & Permits :W,033,000 22,421,000 2,388,000 11.9% I nte rgovernme ntal 9,827,000 9,907,000 80,000 0.8% Charges For Services 10,668,000 10,629,000 {39,000) -0.4% Fines and Forefeits 2,199,000 2,019,000 (180,000) -8.2% Interest 2,983,000 2,477,000 (506,000) -17.0% Rents and Leases 6,464,000 7,014,000 550,000 8.5% Miscellaneous 11,830,000 11,903,000 73,000 0.5% Resort Taxes 30,965,000 30,965,000 0.0% Other Non-Operating Revenues 8,532,000 8,532,000 O.O"A Reserves-Bldg Dept 1,500,000 1,500,000 O.O"A ParkingSurplus Transfer 7,200,000 7,200,000 O.O"A. Prior year set aside 3,400,000 2,700,000 (700,000) -20.6% Prior year set aside for Pension 2,210,000 831,000 ( 1, 379,000) -62.4% Total $ 256,280,000 $ 262,417,000 $ 6,137,000 2.4% GENERAL FUND EXPENDITURES COLA 0% MERIT (ASFCME, GSA, CWA, UNCLASSIFEDS, OTHERS I 2% Max STEP (IAFF &FOP) 5% To Max of Ranges PENSION COSTS-GF INCREASE IMPACT FY 2012/13 ARC Estimate F&P Pension (98% of $2.2M increase) $ 2,156,000 MBERP (67% of $5M increase) $ 3,350,000 Total Net Pension Cost for F&P and MBERP $ 5,506,000 HEALTH & LIFE INS 10"A. Increase from FY 2012/13 projected %Change FY 2013/14 Prelim. $Change from from FY 2012/13 Budget Est. as of July 1 Budget Budget Salaries s 100,083,000 $ 102,685,000 $ 2,602,000 2.6% Overtime/Other Wages $ 10,392,000 $ 11,218,000 $ 826,000 7.9% Benefits Pension-F&P s 38,532,000 s 40,688,000 $ 2,156,000 5.6% Pension-MBERP 13,756,000 17,106,000 3,350,000 24.4% Other Pension Costs 5,913,000 5,917,000 4,000 0.1% Health and Life 10,875,000 11,067,000 192,000 1.8% Other Benefits 4,343,000 4,368,000 25,000 0.6% Total Benefits s 73,419,000 ~ 79,146,000 s 5,727,000 7.8% Total Salary and Benefits $ 183,894,000 s 193,049,000 s 9,155,000 5.0"/o Operating -~ 26,343,000 ~ 27,269,000 ~ 926,000 3.5% Internal Service Funds 39,446,000 41,2_20,000 1,774,000 4.5% Capital & Debt 5,766,000 5,799,000 33,000 0.6% Set Aside for Future Year 831,000 831,000) -100.0% Total ~ 256,280,000 s 267,337,000 ~ 11,057,000 4.3% Net Revenues Less Expenditures $ $ (4,920,000) s ( 4,920,00011 I 714 RESOLUTION TO BE SUBMITTED 715 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT SETIING 1) THE PROPOSED GENERAL OPERATING MILLAGE RATE FOR THE NORMANDY SHORES NEIGHBORHOOD IMPROVEMENT DISTRICT; 2) THE CALCULATED ROLLED-BACK RATE; AND, 3) THE DATE, TIME AND PLACE OF THE FIRST PUBLIC HEARING TO CONSIDER THE OPERATING MILLAGE RATE AND BUDGET FOR FISCAL YEAR (FY) 2013/14; FURTHER AUTHORIZING THE CITY MANAGER TO TRANSMIT THIS INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER IN THE FORM REQUIRED BY SECTION 200.065, FLORIDA STATUTES Key Intended Outcome Supported: Increase visibility of police; Maintain crime rates at or below national trends Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Community Survey, both residents and businesses reported the following areas for the City to address in an effort to improve public safety: • Preventing crime (Residents: 44.9%, Business: 43.9%) Issue: Shall the Mayor and City Commission, acting in its capacity as the Board of Directors for the Normandy Shores Local Government Neighborhood Improvement District, adopt the attached resolution which sets the Proposed General Operating Millage Rate; the Calculated Rolled-Back Rate; and sets the date, time and place for the first public hearing? Item Summary/Recommendation: The FY 2013/14 current service level budget is $192,000, which is 2% ($4,000) higher than the FY 2012/13 adopted budget. This is due primarily to the increasing cost of gate repairs and maintenance, based on the current year experience. The current design of the security gate has contributed to multiple repairs and increasing cost of maintenance and a $3,000 increase is budgeted for FY 2013/14. The current service millage rate is 1.0826, a decrease of 0.0618 mills (5.4%) from the FY 2012/13 millage rate of 1.1444. The adoption of the current service level millage of 1.0826 would require a majority vote of the Commission. The rolled-back rate is the millage rate required to produce the same level of property tax revenue on FY 2013/14 as anticipated to be collected in FY 2012/13 based on adjusted values as of July 1, 2013. The rolled-back rate is calculated at 1.0664 or 0.0780 mills less than the millage rate of 1.1444 adopted for FY 2012/13. The current service level millage rate is slightly higher than the rolled-back rate due to the $4,000 increase in the projected FY 2013/14 expenses mentioned above. The Normandy District Homeowners' Association has proposed an enhancement to the current service level budget of $40,000 to fund one-time costs associated with redesigning the security gate and enhancing security camera equipment. The redesign of the gate is intended to resolve ongoing repair and maintenance issues related to the existing design. The enhanced security camera equipment is a police department recommendation that will help identify responsible vehicles to recoup funds from incidents of property damage claims. The proposed budget with enhancements also includes an offsetting $7,000 savings to the projected repair and maintenance budget line item. This savings is anticipated due to the redesign of the gate project. The proposed ad valorem millage recommended by the Administration is 1.2687 mills to provide the enhanced level of security requested by this district. The FY 2013/14 proposed millage rate is above the maximum millage rate of 1.1928 allowed to be adopted by a two-thirds vote, and will therefore require a unanimous vote. Advisory Board Recommendation: Financial information: Source of Amount Funds: 1 l4p~ I 2 Total . C1ty Clerk's Office Legislative Trackmg: MIAMI BEACH 716 Account City Manager AGENDA ITEM ........;._f(_f""J___;£;;;;..___ DATE 1-ll-B MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and FROM: Jimmy Morales, City Manager DATE: July 17, 2013 SUBJECT: A RESOLUTION OF THE BO RD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT SETTING 1) THE PROPOSED GENERAL OPERATING MILLAGE RATE FOR THE NORMANDY SHORES NEIGHBORHOOD IMPROVEMENT DISTRICT; 2) THE CALCULATED ROLLED-BACK RATE; AND, 3) THE DATE, TIME AND PLACE OF THE FIRST PUBLIC HEARING TO CONSIDER THE OPERATING MILLAGE RATE AND BUDGET FOR FISCAL YEAR (FY) 2013/14; FURTHER AUTHORIZING THE CITY MANAGER TO TRANSMIT THIS INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER IN THE FORM REQUIRED BY SECTION 200.065, FLORIDA STATUTES ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and City Commission, acting in its capacity as the Board of Directors for the Normandy Shores Local Government Neighborhood Improvement District, adopt the attached resolution which authorizes the City Manager to transmit the following information to the Miami-Dade County Property Appraiser: 1) Proposed Operating Millage Rate of the Normandy Shores Neighborhood Improvement District for FY 2013/14: General Operating 2) "Rolled-Back" Rate (Truth In Millage) 1.2687 mills ( 1.1444) last year 1.0664 mills 3) The first public hearing to consider the proposed Normandy Shores Neighborhood Improvement District operating millage rate and tentative budget for FY 2013/14 shall be held on Wednesday, September 11, 2013 at 5:02 P.M., in the City Commission Chambers, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. 717 FY 2013/14 Normandy Shores Proposed Millage Rate July 17, 2013 Page 2 of 5 BACKGROUND The Normandy Shores Local Government Neighborhood Improvement District, a dependent taxing district of its principal, the City of Miami Beach, was established in 1994 to provide continual 24-hour security to this gated community; FY 2013/14 represents it twentieth year of operation. It was established by Ordinance 93-2881, and has the authority "to levy an ad-valorem tax on real and personal property of up to two mills, provided that no parcel of property will be assessed more than $500 annually for such improvements". During FY 1998/99 the amount of annual funding to be provided by the City and the dependent status of the District were issues discussed by the Finance and Citywide Projects Committee. A determination was reached that the City would fund 35% of the annual cost of the operation of the community gate guard. This cost will eventually be funded from the golf course operation of the Normandy Shores Golf Course. It was further agreed that the City would continue to supplement the District at current levels until both issues were resolved. On August 29, 2002, the Administration met with the Normandy Shores Local Government Neighborhood Improvement District representatives and agreed to eliminate the $500 cap on the highest valued home in the District. The enabling legislation was adopted by the Commission on September 25, 2002. This ensures that the City's contribution from the General Fund remains at 35% of the operating budget of the District. ANALYSIS On July 1, 2013, the City received the 2012 Certification of Taxable Value from the Property Appraiser's Office stating that the taxable value for Normandy Shores is $121,339,865, which includes an increase of $360,092 in new construction, renovation, etc. The preliminary value represents an increase of $8,946,451 from the July 1, 2012 Certification of taxable Value of $112,393,414 (7.9 percent) and an increase of 7.6 percent over 2012's July 2013 value of $112,735,259. It is important to note that the January 1, 2012 tax roll for Normandy Shores increased by almost $342,000 (0.3%) between the July 1, 2012 valuation and the July 1, 2013. Current Service Level Budget The current service level budget reflects budget increases or decreases necessary to provide the current level of services in the coming year. The FY 2013/14 current service level budget is $192,000, which is 2% ($4,000) higher than the FY 2012/13 adopted budget. This is due primarily to the increasing cost of gate repairs and maintenance, based on the current year experience. The current design of the security gate has contributed to multiple repairs and increasing cost of maintenance and a $3,000 increase is budgeted for FY 2013/14. As a result of this increase in the current service level budget, the ad valorem millage to provide the current level of security required by this district is 1.0826 mills, which is 0.0618 mills (5.4%) lower than the FY 2012/13 adopted millage of 1.1444 due to a 7.9% increase in 2013 property values. This tax levy would generate proceeds of $131,370. 718 FY 2013/14 Normandy Shores Proposed Millage Rate July 17, 2013 Page 3 of 5 The rolled-back rate is the millage rate required to produce the same level of property tax revenue on FY 2013/14 as collected in FY 2012/13. The rate is calculated as 1.0664, or 0.0780 mills less than the millage rate adopted for FY 2012/13. The rollback millage rate tax levy would generate proceeds of $129,400. The difference between the current service level and rollback rate levy is $ 1 ,970. The adoption of the current service level millage of 1.0826 would require a majority vote of the Commission. Proposed FY 2013/14 Budget with Enhancements The Normandy District Homeowners' Association has proposed an enhancement to the current service level budget of $40,000 to fund one-time costs associated with redesigning the security gate and enhancing security camera equipment. The redesign of the gate is intended to resolve ongoing repair and maintenance issues related to the existing design. The enhanced security camera equipment is a police department recommendation that will help identify responsible vehicles to recoup funds from incidents of property damage claims. The proposed budget with enhancements also includes an offsetting $7,000 savings to the projected repair and maintenance budget line item. This savings is anticipated due to the redesign of the gate project. The proposed ad valorem millage recommended by the Administration is 1.2687 mills to provide the current level of service, plus one-time enhancement requested by the Homeowners' Association. This is 0.2023 mills more than the roll-back rate of 1.0664. This tax levy will generate proceeds of $154,000. In order to adopt this millage rate, this would require a unanimous vote by Commission. The increase of 0.1243 mills from the prior year millage represents an annual increase of $39.41 to the City average 2013 homesteaded property of $317,086 taxable value for a total of approximately $402 per year ($33.50 per month). The total operating expenditures to provide the current service level with the proposed enhancement is $225,000 for FY 2013/14. The City of Miami Beach General Fund is required to provide 35% of the total operating expenditures ($78,750), and the City has funded the 35% for each of the twenty years since the District was established. The amount provided by the General Fund for this purpose in FY 2012/13 was $65,800. The $225,000 in FY 2013/14 represents a $37,000 increase (19.6%) from the FY 2012/13 budget of $188,000, primarily due to the addition of $40,000 of one-time funding for the construction of a new gate as well as security camera upgrades requested by the homeowners. For the Normandy Shores taxing District, the value for each mill ($1.00 of ad valorem tax for each $1,000 of property value) is determined by the 2013 Certification of Taxable Value and has been set at $121,340. Florida Statutes permit a discount of up to five percent for early payment discounts, delinquencies, etc. Therefore, the 95 percent value of the mill is $115,273. Accordingly, 1.2687 mills are required to generate $146,250 in property tax revenues by the district. 719 FY 2013/14 Normandy Shores Proposed Millage Rate July 17, 2013 Page 4 of 5 Statutory Requirement FS 200.065, entitled "Method of Fixing Millage" establishes specific guidelines that must be used by all local government entities, including dependent taxing districts like Normandy Shores in setting its millage (property tax) rates. Not unlike its principal taxing authority (City of Miami Beach), Normandy Shores is also required to transmit within 35 days from receipt of the Certification of Taxable Value (received July 1, 2013), to the Miami-Dade County Property Appraiser, a proposed operating millage rate, the calculated rolled-back rate and the date, time, and place of the first public hearing to consider the proposed operating millage rate and tentative budget for FY 2013/14. The rolled-back rate is the millage rate required to produce the same level of property tax revenue on FY 2013/14 as collected in FY 2012/13. The rate is calculated as 1.0664, or 0.0780 mills less than the millage rate adopted for FY 2012/13. After setting the proposed operating millage rate for Normandy Shores, the City Commission may, at any time prior to the final adoption, lower the millage rate; however any increase above the proposed millage rate of 1.2687, if adopted, would require an expensive mailing and advertising process to each property owner of Normandy Shores. Therefore, this proposed millage rate is viewed as the ceiling. Further, pursuant to State Statute, the City may elect to approve millage rates above the roll-back rate up to the constitutional cap of 10 mills subject to the following votes by the Commission or referendum: • Option 1: A majority of the approval of the Commission Millage is required to approve a millage up to 1.0844 (equivalent to a 1.69% increase in Property Tax revenues). The 1.69% increase is the state per capita personal income gain for the prior calendar year. • Option II: A two-thirds approval (5 of 7 votes) of the Commission is required to approve a millage up to 1.1928 (equivalent to a 10% increase in Property Tax revenues above Option 1). • Option Ill: A unanimous approval of the Commission or referendum is required to approve a millage above 1.1928 mills The proposed rate of 1.2687 requires therefore unanimous approval (7 of 7 votes) of the Commission. First Public Hearing The first public hearing on the proposed operating millage rate and tentative budget for FY 2013/14 must be held no later than 80 days (September 18th) or earlier than 65 days (September 3rd) from the start of the TRIM calendar (July 1st). Other guidelines are: 1) The public hearing cannot be scheduled on a Sunday or on those days utilized by Miami-Dade County or the Miami-Dade County School Board for their public hearing; 2) If on a day other than Saturday, it must be held after 5:00 P.M.; and 3) must be held immediately following discussion of the tentative millage and budget of its principal taxing authority (City of Miami Beach). 720 FY 2013/14 Normandy Shores Proposed Millage Rate July 17, 2013 Page 5 of 5 Based on these guidelines, the first hearing must be held between September 3rd and September 18th. These dates are unavailable for the following reasons: September 8 and 15 September 10 and 19 September 3 Sundays Proposed dates for Miami-Dade County Public Hearing Miami-Dade County School Board Public Hearing Of the remaining days, it is recommended that the first public hearing be set for Wednesday, September 11, 2013 at 5:02 P.M., in the City Commission Chambers, City Hall, 1700 Convention Center Drive, immediately following the City of Miami Beach's public hearing. 721 RESOLUTION TO BE SUBMITTED 722 THIS PAGE INTENTIONALLY LEFT BLANK 723 COMMISSION ITEM SUMMARY Condensed Title: A Resolution accepting the recommendation of the Finance and Citywide Projects Committee waiving by 5/ih vote, the competitive bidding requirement and approving an agreement between the City and Global Spectrum, LP (Global) for the operation, management, maintenance, promotion and marketing of the Miami Beach Convention Center and Colony Theatre, based on those material and substantive terms and conditions in the Term Sheet attached as Exhibit "A" to this Resolution; authorizing and directing Global and the City Manager and City Attorney's Office to finalize the agreement based on the approved term sheet; further authorizing Global and the City Manager and City Attorney's Office to make any non- substantive and non-material revisions and/or additions to the agreement, as required, and authorizing the Mayor and City Clerk to execute the final agreement (said agreement having an initial term of three(3) years, commencing on October 1, 2013, and ending on September 30, 2016, with two(2) one year renewal terms, to be exercised at the City's sole option and discretion). Key Intended Outcome Supported: Improve the Convention Center Facility Supporting Data (Surveys, Environmental Scan etc.): The 2012 Community Satisfaction Survey indicated the average attendance last year at the Miami Beach Convention Center was four times, yet 18% of residents visited over six times. Item Summary/Recommendation: On September 10, 2008, the City Commission approved Resolution No. 2008-26888 which approved an agreement between the City and Global Spectrum, L.P. for the Management of the Miami Beach Convention Center, Colony Theater, and Byron Carlyle Theater. The Agreement was for an initial three (3) year term commencing on October 1, 2008, and ending on September 30, 2011, with two (2) one-year renewal options, exercisable with ninety (90) days prior written notice, at the sole and absolute discretion of the City. Please note that on April 15, 2011, the City terminated Global Spectrum's rights and responsibilities with respect to the operation and management of the Byron Carlyle Theater following the City Commission's approval of a management agreement with Broward Stage Door Theater. The City Commission at its December 12, 2013 meeting directed the Administration to negotiate a new agreement with Global Spectrum instead of competitively bidding the management agreement. The attached Term Sheet represents substantive terms of a new management agreement with Global Spectrum, which was presented to the Finance and Citywide Projects Committee at its May 13, 2013 meeting. The Administration recommends waiver of competitive bids approving all material and substantive terms of the agreement between the City and Global Spectrum, for the operation, management, maintenance, promotion and marketing of the Miami Beach Convention Center and Colony Theatre. Please refer to the attached Commission Memorandum and Term Sheet for detailed terms and conditions. · nee and Citywide Projects Committee on May 13, 2013 and recommended proceeding with tt1e ~vai11erof 1 Financiallnfr-orm;..;;.:,;ca=t;;;.::io'"'-n"'r: ----------------,-----------.,...-------.. Source of Amount Account Funds: OBPI $258,300 Base Mgmt Fee, plus an incentive fee potentially equaling up to 100% of the Base Fee. Convention Center Enterprise Fund A roved Financial Impact Summary: This reflects the original fees for the Convention Center and Colony Theatre, which will save the City over $80,000 over the 5 year term of the agreement. The Financial Performance Criteria of the incentive fee was increased by $1 million from the current Gross Operating Revenue scale, which incentivizes Global S ctrum to enerate more revenue for the Center. MIAMI BEACH 724 AGENDA ITEM .......:...R;.....7_C __ DATE 7-ll-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M FROM: Jimmy L. Morales, City Manager DATE: July 17, 2013 SUBJECT: A RESOLUTION OF THE MA R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT AND APPROVING AN AGREEMENT BETWEEN THE CITY AND GLOBAL SPECTRUM, LP (GLOBAL) FOR THE OPERATION, MANAGEMENT, MAINTENANCE, PROMOTION AND MARKETING OF THE MIAMI BEACH CONVENTION CENTER AND COLONY THEATRE, BASED ON THOSE MATERIAL AND SUBSTANTIVE TERMS AND CONDITIONS IN THE TERM SHEET ATTACHED AS EXHIBIT "A" TO THIS RESOLUTION; AUTHORIZING AND DIRECTING GLOBAL AND THE CITY MANAGER AND CITY ATTORNEY'S OFFICE TO FINALIZE THE AGREEMENT BASED ON THE APPROVED TERM SHEET; FURTHER AUTHORIZING GLOBAL AND THE CITY MANAGER AND CITY ATTORNEY'S OFFICE TO MAKE ANY NON-SUBSTANTIVE AND NON-MATERIAL REVISIONS AND/OR ADDITIONS TO THE AGREEMENT, AS REQUIRED, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL AGREEMENT (SAID AGREEMENT HAVING AN INITIAL TERM OF THREE(3) YEARS, COMMENCING ON OCTOBER 1, 2013, AND ENDING ON· SEPTEMBER 30, 2016, WITH TW0(2) ONE YEAR RENEWAL TERMS, TO BE EXERCISED AT THE CITY'S SOLE OPTION AND DISCRETION). ADMINISTRATION RECOMMENDATION Adopt the Resolution. CONTRACT FUNDING Funding is available from Convention Center Enterprise Fund, which funds the operation of the Miami Beach Convention Center. • $258,300 per year, escalating by Consumer Price Index-All Urban Consumers (CPI-U) -U.S. City Average, but not to exceed (capped at) 3%. Management fee will be allocated to each facility as follows: o Miami Beach Convention Center: $241,600 o Colony Theater: $16,700 Funding is provided to the City by Global Spectrum, per contract as follows: • Capital contribution = $200,000 (one-time) • Scholarship contribution = $ 12,500 (annually) 725 Convention Center Management Agreement City Commission Meeting July 17, 2013 Page 2 of6 This reflects the original fees for the Convention Center and Colony Theatre, which will save the City over $80,000 over the 5 year term of the agreement. BACKGROUND On September 10, 2008, the City Commission approved Resolution No. 2008-26888 which approved an agreement between the City and Global Spectrum, L.P. for the Management of the Miami Beach Convention Center, Colony Theater, and Byron Carlyle Theater. The Agreement was for an initial three (3) year term commencing on October 1, 2008, and ending on September 30, 2011, with two (2) one-year renewal options, exercisable with ninety (90) days prior written notice, at the sole and absolute discretion of the City. Please note that on April 15, 2011, the City terminated Global Spectrum's rights and responsibilities with respect to the operation and management of the Byron Carlyle Theater following the City Commission's approval of a management agreement with Broward Stage Door Theater. On September 14, 2011, the City Commission adopted Resolution No. 2011-27728 extending the Management Agreement for an additional two (2) years. The Base Management Fee in the first year was $275,000 (plus incentive that cannot exceed an amount equal to 100% of the base fee; capped at greater of CPI or 3% ). Global Spectrum also provided the City with the following contributions: • • Capital contribution (one-time) Scholarship contribution (annual) Net Performance Improvement = $375,000 = $ 12,500 Pursuant to the Agreement, Global Spectrum guaranteed a Net Performance Improvement, which is defined as the "Required Improvement" on the Fiscal Year (FY) 08/09 budgeted net deficit of $1 ,492,134 (which includes both the FY08/09 budgeted net operating deficit and includes Executive Salaries and Benefits). As per the Agreement, the Required Improvement over the net deficit of $1,492,134 for each Contract Year was as follows: • FY 08/09 = $ 500,000 (or a resulting net operating loss of $992, 134) • FY 09/10 = $1 ,000,000 (or a resulting net operating loss of $492, 134) • FY 10/11 = $1,500,000 (or a resulting net profit of $7,866) On March 1, 2010, the City Commission adopted Resolution No. 2010-27372, which approved an amendment to the Agreement adjusting the Net Performance Improvement by $50,301.20 in each year due to a an interest shortfall credit which resulted from the City's requirement for Global Spectrum to change banking institutions. The requirement for Global Spectrum to make a $500,000, $1,000,000 and $1 ,500,000 improvement over the net deficit did not change. The adjustment is only to the starting net deficit amount. For example, this Amendment changed the Required Improvement over the net deficit of $1 ,542,435 (instead of $1 ,492, 134). In the first year of the initial Term, to the extent the actual improvement achieved in the Fiscal Year was less than the Required Improvement, as set forth above, the City could draw against a required $500,000 Letter of Credit (LOC) provided by Global for any difference between the Required Improvement and the actual improvement. The contract also allows Global to bank or apply any excess improvement from year one to any shortfall of their required improvement in year two (up to the value of their Incentive Pay). The Line of Credit provides a venue for the City to collect if there are subsequent shortfalls on their Required Improvements. 726 Convention Center Management Agreement City Commission Meeting July 17, 2013 Page 3 of6 Following the end of FY 2009, Global Spectrum paid the City $76,897, which represents the shortfall from the "Required Improvement." This also included uncollected bad debt. In FY 2010 Global Spectrum surpassed the "Required Improvement" by $214,445. Over the first two years of the Agreement, Global Spectrum reduced the operating loss of the MBCC by $1,214,445. In FY 2012 the Convention Center generated an operating profit of $21,821, which is only the second time in the history of the facility that an operating profit was produced. The Operating Loss for the current Fiscal Year is projected to be $872,955 as of second quarter projections. FY 2010/11 Global Spectrum was not able to meet the net performance guarantee and was required to pay the City $500,000, plus the earned annual incentive fee. As previously stated, Global was required to achieve an annual Net Performance Improvement as specified in the Agreement. As a penalty for not achieving the annual improvement, the City could draw against the $500,000 Letter of Credit (LOC) provided by Global for any difference between the Required Improvement and the actual improvement. In the final year of the Agreement, if the LOC does not cover the shortfall, the City can draw against the earned Incentive Fee from that Fiscal Year. Global is not responsible for any additional shortfall beyond the LOC and Incentive Fee. The net performance guarantee was removed from the agreement at the time the renewal was negotiated and is not longer a provision of the agreement. The Management Agreement also has a requirement for Messe Schweiz (M.S.), in partnership with Global Spectrum, within the initial term and subject to the existing booking policies and commercial viability to use best efforts to book and actualize, one (1) M.S. owned show or event during the initial term and one (1) (non-M.S. owned) international show or event. Global Spectrum provided a Corporate Guarantee, on behalf of M.S., for $275,000 for the City to draw upon if, notwithstanding M.S. "best efforts," as provided for in the Management Agreement, M.S. failed to book and actualize shows or events as required. The March 2010 Amendment gave Global Spectrum until the end of the third contract year (September, 30, 2011) to book and actualize one M.S. produced/owned show or event before the $250,000 Guarantee is due to the City. Global and M.S. were to also book, during the initial Term, one non-M.S. produced/owned international show or event, or an additional $25,000 is due to the City. This show or event may be actualized at any time up to 24 months following the end of the Term if, during such period, the Corporate Guarantee provided by Global to secure this obligation remains in effect, unaffected by the termination or expiration of this Agreement. As required, in 2011 Global Spectrum booked and actualized a Messe Schweiz owned show (Animalia) during the initial term of the Agreement. Animalia successfully attracted attendees to the show, but was not able to generate a profit. M.S. and Global decided not to continue producing the show. Global also booked a non-M.S. international show for 2012, which was Kanas International who has now produced four (4) shows at the Convention Center. Additionally, Global Spectrum, in partnership with Messe Schweiz (MCH), developed new collateral material, which outlines the business industry and related selling points strictly devoted to the European market. MCH also launched additional web pages within their website that includes sales brochures and additional information regarding the MBCC and the destination. 727 Convention Center Management Agreement City Commission Meeting July 17, 2013 Page4 of6 Other Operational Highlights Global Spectrum officially assumed management responsibility for the Miami Beach Convention Center (MBCC}, Colony Theatre and Byron Carlyle Theater on October 1, 2008. Global originally successfully transitioned 63 of the 77 full-time employees (81 %). The transition of management was seamless and without any interruption to services. The following is a summary of events and attendance during Global Spectrum's management as compared to prior years, which was during a period of economic downturn nationally and internationally: Events FY 08/09: 1 08 FY 09/1 0: 1 03 FY 10/11: 119 FY 11/12: 128 Attendance FY 08/09: 632,700 FY 09/10: 708,750 FY 10/11: 661,625 FY 11/12: 661,327 The "Green" Initiatives implemented by Global Spectrum included the "Step Up" program (logos placed on light switches and computers reminding employees to reduce energy when not in use); programming of major mechanical control functions for energy reduction; single stream recycling program; and the purchasing of green janitorial cleaning supplies, toilet tissue, paper towels and hand soap. They worked closely with Centerplate to ensure that they are utilizing recyclable products in regards to utensils, disposable plates and paper products. This effort has already yielded significant results. Extension of Management Agreement As previously state, on September 14, 2011, the City Commission adopted Resolution No. 2011-27728 extending the Management Agreement for an additional two (2) years. The following is a summary of the contract amendment included in the renewal: 1. Eliminate the Net Performance Improvement and guarantee. The requirement for Global Spectrum to make a $500,000 (year 1}, $1,000,000 (year 2) and $1,500,000 (year 3) improvement over the net deficit was based on the 2008-09 SMG Budget as the measure of Global Spectrum's performance. SMG was the managing agent for the City prior to Global. When Global assumed management responsibility it was partially based on the fact the Global would improve the operating deficit at the facility, which is why the Net Performance Improvement was negotiated into the original agreement. After operating the facility for three (3) years, both parties agreed that Global should only guarantee its own annually City-approved budget. Although various factors impact annual budget fluctuations, Global has successfully continued to improve the operating budget annually and even generated a small operating profit in FY 2011/12. To that end, however: a. If Global misses the City-approved budget Net Operating ProfiULoss by 5%, Global will rebate to the City $.50 of each $1.00 in Incentive Fee they earned, capped at an amount not to exceed 50% of the Incentive Fee earned in any given fiscal year; and b. Global Spectrum will be required to rebate Incentive Fee only in the case where failure to achieve the City-approved budget Net Operating ProfiULoss by 5%, is due to reasons that are under Global Spectrum's control. Such as: bookings for conventions, tradeshows and corporate events within 24 months and day-to-day maintenance of the facility and its infrastructure. Items beyond Global 728 Convention Center Management Agreement City Commission Meeting July 17, 2013 Page 5 of6 Spectrum's control include capital improvements due to storms or various acts of God and new operating or maintenance requirements imposed by the City after the current year's budget is approved. 2. Global Spectrum has met their obligation to book and actualize a Messe Schweiz owned show (Animalia) during the initial term of the Agreement. The partnership between Global and Messe Schweiz will continue for international sales efforts, as well on-going participation on the Executive Management Committee. The $25,000 Guarantee for the non-M.S. owned show remained in effect. 3. The Incentive Fee allows Global to earn up to 100% of the base Management Fee if certain criteria are achieved. Both parties agreed the Incentive Fee is complicated and should be simplified. Negotiated changes to the Incentive Fee included customer satisfaction (30 points), financial performance (50 points), maintenance and capital improvements (15 points) and discretionary (5 points). Global Spectrum was awarded the contract in 2008 following a competitive bid process and has managed the convention center since October 2008. The current agreement between the City and Global Spectrum does not have any additional renewal provisions. On December 12, 2012, the City Commission passed a motion made by Commissioner Weithorn authorizing the City Administration to negotiate with Global Spectrum for a new Management Agreement instead of proceeding with a Request for Proposals. The following summaries the Net Operating Income, actual vs. budget, for the Convention Center during Global Spectrum's management tenure: FY 2008/09 FY 2009/10 FY 2010/11 Net Operating lncome/(Loss) BUDGET Net Operating Income/( Loss) ACTUAL (Over)/Under Budget Variance FY 2012/13 Pro'ected as of 2nd tr $270,449 * Please note: Net Operating Income does not include transition costs or non-operating (City) revenues or expenses that are part of the MBCC Enterprise Fund. The following chart details the payments made to and from Global Spectrum during the first four (4) years of the agreement, as well as projections for the current, and final, year. Payments to Global Actual Actual Actual 2010/11 Actual Projected S ectrum 2008/09 2009/10 2011/12 2012/13 MBCC $ 241,600.00 $ 251,585.33 259,132.89 $ 16,700.00 $ 16 17.390.21 17,911.92 $ 16,700.00 $ Incentive*"*" $ 148,500.00 $ 140,250.00 248 802.37 254,881.22 tal $ 423,500.00 $ 415,250.00 $ 270,990.16 517,777.91 $ 531,926.03 729 Convention Center Management Agreement City Commission Meeting July 17, 2013 Page 6 of6 Actual Actual Actual Actual Projected Payments to CMB 2008/09 2009/10 2010/11 2011/12 2012/13 Performance Guarantee $ 76,897.00 $ -$ 646,334.69 Capital $ 375,000.00 Scholarship $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12~ Total $ 387,500.00 $ 12,500.00 $ 658,835.00 $ 12,500.00 $ 12,500.00 • FY 08/09 the Incentive Fee was equal to 54% of Base Fee; FY 09/10 there was no CPI Adjustment in, and the Incentive Fee was equal to 51% of Base Fee; FY 1 0/11there was a 1.1% CPI Adjustment; Incentive Fee was equal to at 54%; Performance Guarantee was not achieved the Incentive was forfeited; FY 11/12-CPI Adjustment was 3%; Incentive Fee is projected at 92%; FY 12/13-CPI Adjustment is estimated at 3%; Incentive Fee is projected at 92%. The Adminsitration and Global Spectrum have been negotiating terms of a new agreement, which was presented to the Finance and Citywide Projects Committee (FCWPC) on May 13, 2013. The FCWPC recommended two (2) one (1) year renewal options instead of one (1) two (2) year renewal. They also requested the laguage pertaining to Messe Schweiz be finalized and is reflected in the attached term sheet. At the time of the FCWPC Global Spectrum was still finalzing the terms of their relationship for the new agreement and details were not available. Those details have been worked and are included in the attached Term Sheet, along with all other terms, for your review and consideration. CONCLUSION The attached Term Sheet represents substantive terms of a new management agreement with Global Spectrum. Based on the direction from the City Commission at its December 12, 2013 meeting, and following the direction from the FCWPC, the Administration recommends waiver of competitive bids approving all material and substantive terms of the agreement between the City and Global Spectrum, for the operation, management, maintenance, promotion and marketing of the Miami Beach Convention Center and Colony Theatre. T:\AGENDA\2013\July 17\Giobal Spectrum Convention Center Facilities Management Memo,docx 730 PRELIMINARY TERM SHEET (DRAFT #6) Management Agreement for the Exhibit ''A'' Miami Beach Convention Center and Colony Theater Between the City of Miami Beach and Global Spectrum (Global) Date: May 21, 2013 TERM 1. Form of Agreement 2. Facilities covered under Agreement 3. Term 4. Renewal Options 5. Management Fee 6. Capital Contribution and improvements 7. Scholarship Contribution 8. Incentive Fee ement Agreement. Miami Beach Convention Center (MBCC), and Colony Theater (Colony). Collectively, aforestated may also be referred to as the Facilities. Three (3) year initial term commencing on October 1, 2013, and ending on September 30, 2016. A "contract year" shall be defined as the period from October 1 through September 30 of the following year (coinciding with the City's Fiscal Year). Two (2) one (1) year renewal options, exercisable with ninety (90) days prior written notice, at the sole and absolute discretion of the City Manager. City Manager, at its sole discretion, may elect to exercise both options at the same time. $258,300 per year, escalating by Consumer Price Index -All Urban Consumers (CPI-U)-U.S. City Average, but not to exceed (capped at) 3%. Management fee will be allocated to each facility as follows: • Miami Beach Convention Center: $241 ,600 • Colony Theater: $16,700 This reflects the original fees for the Convention Center and Colony Theatre. This will save the City over $80,000 over the 5 year term of the agreement. $200,000, payable within thirty (30) days of contract execution, Capital contribution will be used as determined by City, in its sole discretion. Capital contribution will be amortized on a straight-line, non-cash basis over five years. No repayment of unamortized portion if termination for cause. Global Spectrum (Global) to participate at corporate level, including the facility's General Manager (as MBCC stakeholder) on discussions relating to proposed MBCC expansion/improvements. $12,500 per year, payable within thirty (30) days of contract execution and, thereafter, within thirty (30) days of commencement of each contract year. 1. A total of up to twenty-five (25) percentage points will be awarded based on the average survey score for each of the following ten (10) departments (Global shall be awarded up to 2.5 points per department, for a total possible score of 25): Sales Event Management Operations 731 TERM Food & Beverage IT/Telecommunications Audio Visual Valet Parking Services Business Center Visit Miami Beach Fire Inspector If a department's average survey score is 93% or higher, Global shall be awarded 2.5 points for such department (out of 25) If a departments' average survey score is from 90% to 92.99%, Global shall be awarded 1 point for such department (out of 25) If a departments' average survey score is less than 90%, Global shall be awarded 0 points for such department (out of 25) Survey instrument administered by independent third party jointly selected by City, GMCVB and Global Spectrum. 2. A total of up to five (5) percentage points will be awarded based upon the percentage of completed customer satisfaction surveys (which survey form shall be subject to the prior written approval of the City Manager) out of total potential surveys (of which there shall be one per Event) received from all Events that use the Facilities as detailed below: 70% completed 65% completed 55% completed Less than 55% 5 points 3 points 1 points 0 points. 3. Financial Performance: A total of up to fifty (50) percentage points will be awarded based upon the percentage of annual Gross Operating Revenue generated as detailed below • $17.50M >revenue= 50 points • $17.25-$17.499M = 35 points • $17.00-$17.249M = 25 points • < $16.99M = 0 points • Note: The Financial Performance Criteria represents a $1 million increase from the current Gross Operating Revenue scale. 4. Maintenance and Improvement of Facility and its Capital Equipment. A total of up to fifteen (15) percentage points will be awarded if Global has met or exceeded the maintenance standards set forth in the Agreement (including, without limitation, the Comprehensive Preventive Maintenance Program and maintenance of Capital Equipment, as may be amended from time to time during the Term by the City). The City Manager's evaluation pursuant to this subsection shall also, without limitation, take into account the annual review by the City's Property Management Division and/or a yearly review by an outside independent consultant retained by the City 2 732 TERM 9. Messe Schweiz (M.S.) Participation/Obligations Manager. 5. Discretionary. A total of up to 5 percentage points may be awarded, as determined by the City, in its sole and absolute discretion. The City may take into account, but not be mandated by, the following: community involvement; extraordinary quantifiable and measurable creative initiatives that directly result in Global securing new City-wide business for the City of Miami Beach during the off season period; and/or demonstration and integration of new strategic Global corporate resources to the benefit of the tourism and/or cultural community of Miami Beach; and/or development of new or enhanced revenue streams for Facility use and services. **If the City elects to proceed with the Convention Center Expansion and Enhancement Project, the Incentive Fee criteria must be revisited and prior to the re-opening of the expanded and enhanced Convention Center. M.S. will actively participate in Agreement. Active participation shall be defined and, at a minimum, include: a) Provide Global with on-going advice, as requested, regarding the management, marketing and operation of the Center; b) Participation by M.S. on a Convention Center User Group; c) Continued cooperation by M.S. in providing international sales and referrals of interested European I International show producers Global throughout the Term of the Agreement; d) Continue to explore the possibility of producing additional M.S. shows at the Miami Beach Convention Center subject to date availability and commercial viability as solely determined by Global and M.S. City shall have principal oversight, supervision, and control over certain M.S. activities [i.e. the "firewall" concept]: (a) City shall have primary and final oversighUreview/approval of any proposed business terms, including without limitation, MBCC (and/or any of the other Facilities) lease terms and/or any and all other incentives and/or City proposals, commitments, initiations, etc., related to ABMB. (b) Same provisions in subsection (b) above would apply to new M.S. owned shows and/or any shows (including international shows) brought to the City by M.S .. (c) M.S. shall be required to submit any proposed business and/or other terms for proposed M.S. owned and/or new (including international) shows to City, for its approval of said business and other terms, prior to any such deal being made (provided City shall not veto any shows based on show content or theme, and that City review is limited to business terms). (d) M.S. shall be responsible for its air fare and any other travel costs for travel to Miami Beach related to its participation in this Agreement, as set forth herein, and 3 733 TERM i 1 0. Public Benefits 11. Food and Beverage Oversight 12. Marketing and Promotion any and all such costs shall not be considered as Operating Expenses. '-''"''"'""' ...,,., ........ trum will continue to produce a minimum of three (3) d ... , ............... to City of Miami Beach senior citizens. The City Manager shall require that, during the Term of this Agreement, a member of Global's Executive Level Employees, have food & beverage experience and be charged (among his/her duties) with supervising, monitoring and ensuring consistent performance, quality standards, and compliance with the City's agreement with the City's Food and Beverage provider; Global to continue following marketing and promotional obligations (as part of Global's comprehensive approach to marketing the Facilities): 1) Global to continue to provide continuously during the Term hereof, an in-house ad-agency capability to place Event-related advertising. 2) Global to provide a report on sales and marketing efforts, as provided for in Section 6.3. 3) Global to develop an advertising buy program that will offer preferred (discount) pricing for each Facility's users on select Comcast services including, without limitation: A. In-market ROS advertising on Comcast channels; B. On Demand; C. Comcast.net; and D. Cross-channel marketing opportunities. 4) Global to provide assistance in obtaining discount pricing for advertising buys for the City and Facility users in out-of-market Comcast service areas. 5) Global to secure CNN Headline News Comcast -"Newsmakers" for Facilities including, without limitation: A. A minimum of four (4) "Newsmaker" shows per Contract Year during the Term hereof. Each "Newsmaker" show shall consist of a five (5) minute interview format of approximately 21 airings during a one-week period (42 total times per month) on CNN Headline News; and B. Segments provided to the Convention Center, to be used by the City and Convention Center users. C. Best efforts to secure additional Newsmaker show opportunities. 6) Global to secure Comcast Bill Envelope Messaging including, without limitation: A. A minimum of two (2) times per Contract Year, the City or Convention Center users shall be provided with the ability to send messaging to Comcast subscribers in Miami-Dade, Broward and Monroe Counties on the monthly Comcast Bill Envelope (900,000 bills per month); and B. Best efforts to secure additional Comcast Bill Envelope Messaging opportunities. 4 734 TERM 13. Net Operating Profit Guarantee 14. Other 7) Global to secure Comcast Bill Messaging including, without limitation: A A minimum of four (4) times per Contract Year, the City or Convention Center users will be provided the ability to send messaging to Comcast subscribers in Miami-Dade, Broward and Monroe Counties on the monthly Comcast Bill (900,000 bills per month); and R Best efforts to secure additional Comcast Bill Messaging opportunities. For any Contract Year, if the actual Net Operating Profit or Net Operating Loss achieved is unfavorable as compared to the Approved Budget by a margin of greater than Fifty Thousand Dollars ($50,000), then the Incentive Fee earned by Global for such Contract Year shall be reduced by fifty cents ($.50) for every dollar of Shortfall, up to the Cap. For purposes of this subsection, "Shortfall", with respect to any Contract Year, shall mean either (i) if the Approved Budget reflects a projected Net Operating Profit, the amount by which the Net Operating Profit projected in the Approved Budget exceeds the actual Net Operating Profit in such year by more than Fifty Thousand Dollars ($50,000); or (ii) if the Approved Budget reflects a projected Net Operating Loss, the amount by which the actual Net Operating Loss in such year exceeds the Net Operating Loss projected in the Approved Budget for such year by more than Fifty Thousand Dollars ($50,000). The "Cap" shall mean fifty percent (50%) of the Incentive Fee actually earned by Global in the applicable Contract Year. Notwithstanding the foregoing, the Incentive Fee shall not be reduced to the extent Global's failure to achieve the applicable benchmark is due to reasons outside Global's reasonable control, such as a Force Majeure affecting the Facility, or new operating or maintenance requirements imposed by the City after finalization of the Approved Budget (The parties acknowledge that items within Manager's control may include, but are not limited to, bookings for conventions, tradeshows and corporate events 24 months and in, and day to day routine maintenance of the Facility)." ALL OTHER TERMS AND CONDITIONS OF THE CURRENT MANAGEMENT AGREEMENT SHALL REMAIN IN EFFECT. F:\INFO\$ALL\Max\TCD\MBCC\GS Term Sheet 2013 DRAFT.doc 5 735 RESOLUTION TO BE SUBMITTED 736 THIS PAGE INTENTIONALLY LEFT BLANK 737 COMMISSION ITEM SUMMARY Condensed Title: A resolution to consider, on first reading, vacating a portion of an alley located in the 500 Alton Road, containing approximately 6005 square feet (Alley), in favor of the adjacent property owners, South Beach Heights I, LLC, 500 Alton Road Ventures, LLC and 1220 Sixth, LLC. Key Intended Outcomes Supported: I n/a Item Summary!Recommendation: South Beach Heights I, LLC, 500 Alton Road Ventures, LLC, and 1220 Sixth, LLC (collectively the Applicant) own several lots of the Amended Plat of Aquarium Site Resubdivision, which comprise the 500 block of Alton Road. The Applicant proposes to construct the "Waves" Project (Project), a mixed- use development over the entirety of the block. The Applicant is requesting that the City vacate a 6,005-square foot, "L"-shaped alley (Alley) in the 500 block of Alton Road with the dimensions of 20 feet x 125 feet and 29.21 feet x 120 feet, running from West Avenue to 6th Street, so that this area can be incorporated into the Project. This vacation is required in order for the Applicant to proceed with the development review process. Staff believes that the City no longer has a need for this Alley. It has never been developed or utilized for public access. The Alley has one 3-inch water main, which only serves the Applicant and would be abandoned when the Project begins construction. Staff also believes that there is a public interest in abandoning the Alley. In addition to the tax revenue the proposed Project will generate for the City, the Applicant, through the Project, is proposing multiple infrastructure improvements. These include significant stormwater improvements including raising the elevation of 6th Street and West Avenue adjacent to the project and the addition of a bike lane on West Avenue. At this time, the Finance and Citywide Projects Committee is scheduled to discuss this vacation at its July 26, 2013 meeting, and the second reading and public hearing is scheduled for the September 11, 2013 Commission meeting. THE ADMINISTRATION RECOMMENDS THAT PER CITY CODE SECTION 82-37 A. (2), THE CITY COMMISSION SHALL HAVE READ THE TITLE OF THE RESOLUTION APPROVING THE SALE OR LEASE [OR VACATION OF PUBLIC PROPERTY FOR A TERM OF MORE THAN TEN YEARS] ON TWO SEPARATE DATES, WITH THE SECOND READING TO BE ACCOMPANIED BY A PUBLIC HEARING, WHICH MAY BE SET BY THE CITY MANAGER AND SHALL BE ADVERTISED NOT LESS THAN SEVEN DAYS PRIOR TO SAID HEARING, IN ORDER TO OBTAIN CITIZEN INPUT INTO THE PROPOSED SALE OR LEASE. Advisory Board Recommendation: N/A Financial Information: Amount Account Cit Clerk's Office Le islative Trackin Rick Saltrick, ext 6565 Si n-Offs: Department Director 'ETC T:\AGENDA\2013\July 17\500 Block of Alton Road SUMM.docx MIAMI BEACH 738 Approved AGENDA ITEM _P.:....._1_J)---=- DATE 1-!1-l3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and FROM: Jimmy L. Morales, City Manager FIRST READING DATE: July 17, 2013 SUBJECT: A RESOLUTION TO CONSID R, ON FIRST READING, VACATING AN ALLEY LOCATED IN THE 500 BLOCK OF ALTON ROAD, CONTAINING APPROXIMATELY 6,005 SQ ARE FEET, IN FAVOR OF THE ADJACENT PROPERTY OWNERS, SOUTH BEACH HEIGHTS I, LLC, 500 ALTON ROAD VENTURES, LLC, AND 1220 SIXTH, LLC. ADMINISTRATION RECOMMENDATION Per City Code Section 82-37 a. (2), the city commission shall have read the title of the resolution approving the sale or lease [or vacation of public property for a term of more than ten years] on two separate dates, with the second reading to be accompanied by a public hearing, which may be set by the city manager and shall be advertised not less than seven days prior to said hearing, in order to obtain citizen input into the proposed sale or lease. BACKGROUND South Beach Heights I, LLC, 500 Alton Road Ventures, LLC, and 1220 Sixth, LLC (collectively the Applicant) own several lots of the Amended Plat of Aquarium Site Resubdivision, which comprise the 500 block of Alton Road (Attachment A & B). The Applicant proposes to construct the "Waves" Project (Project), a mixed-use development over the entirety of the block. The Applicant is requesting that the City vacate a 6,005-square foot, "L"-shaped alley (Alley) in the 500 block of Alton Road with the dimensions of 20 feet x 125 feet and 29.21 feet x 120 feet, running from West Avenue to 61h Street (Attachment C ), so that this area can be incorporated into the Project. This vacation is required in order for the Applicant to proceed with the development review process. ANALYSIS Staff believes that the City no longer has a need for this Alley. It has never been developed or utilized for public access. The Alley has one 3-inch water main, which only serves the Applicant and would be abandoned when the Project begins construction. 739 500 Alton Road Alley-Memo July 17, 2013 Page 2 of2 Staff also believes that there is a public interest in abandoning the Alley. In addition to the tax revenue the proposed Project will generate for the City, the Applicant, through the Project, is proposing multiple infrastructure improvements. These include significant stormwater improvements including raising the elevation of 61h Street and West Avenue adjacent to the project and the addition of a bike lane on West Avenue. At this time, the Finance and Citywide Projects Committee is scheduled to discuss this vacation at its July 26, 2013 meeting, and the second reading and public hearing is scheduled for the September 11, 2013 Commission meeting. CONCLUSION Per City Code Section 82-37 a. (2), the city commission shall have read the title of the resolution approving the sale or lease [or vacation of public property for a term of more than ten years] on two separate dates, with the second reading to be accompanied by a public hearing, which may be set by the city manager and shall be advertised not less than seven days prior to said hearing, in order to obtain citizen input into the proposed sale or lease. Attachments: A. Opinion of Title B. Survey of 500 Block C. Legal Description and Sketch of Alley D. Request for Alley Closure by Bercaw, Radell and Fernandez T:\AGENDA\2013\July 17\500 of Alton Road-Memo1 .docx 740 Attachment A City of Miami With the understanding that this Opinion of Title is furnished to the City of ..... M .... A .. ln{JlUCI~m~em for acceptance of a Declaration of Use, Unity of Title, Declaration of Development Agreement or as an inducement for acceptance of a subdivision plat or plat, covering the real property, or other land use approval hereinafter described, it is t. ..... "'.._" certified that I have examined a complete Abstract of Title or Title Commitment covering from the beginning to the 24th day of December, 2012 at the hour of 11:40 p.m., ..... ''"''"·•-n of the following described property: See Exhibit "A" attached hereto I am of the opinion that on the last mentioned date, the real property was vested in: simple title to the above-described company (as to Parcels 1~3) Sole Member is 500 Road LLC, a Delaware limited liability company Authorized Signatories: Sharon '-'""LI."L'""v and Chaim Elkoby SOUTH BEACH HEIGHTS I. LLC, a Delaware limited liability company (as to Parcels 4 and 5) Members are SBH Holdings 1, LLC, a Delaware limited liability company. and SBH Management Company, LLC, a Delaware limited liability company Authorized Sharon Christenbury and Chaim Elkoby limited liability company Holdings 1, LLC, a ._... ... ,,anal limited liability company Sharon Christenbury and ....,u,UJ.u Elkoby "none" please indicate): 1. RECORDED MORTGAGES: Mortgage and Security Agreement executed by 1220 Sixth, LLC, a Delaware limited liability company, Mortgagor, in ofMAU-MAU Corporation, a Florida corporation, Mortgagee, dated December 1, 1, recorded December 5, 2011 in Official Records Book 5, 3697, of the Public of Miami-Dade Cmmty, Florida. 741 Opinion of Title 2 Therefore, it is my opinion that the following party(ies) must join in the proffered document in order to make it valid and binding on the lands described herein. Name 500 ALTON ROAD VENTURES, LLC SOUTii BEACH HEIGHTS I, ILC, a Delaware limited liability company 1220 SIXTH. LLC, a Delaware limited liability company MAU-MAU CORPORATION, a Florida corporation Interest 0\'vner Owner Owner Mortgagee [THIS SPACE IS INTENTIONALLY LEFT BLANK] 742 Opinion of Title Page3 I HEREBY that legal description contained in this Opinion coincides with, and is the same as, the legal description in the proffered, recordable document I, the further certify that I am an attorney-at-law duly admitted to practice in the of Florida and a member in gopd standing of the Florida <y}- Respectfully submitted this L day . ~ OFFLORIDA ) ) ss MIAMI-DADE ) foregoing instrument was acknowl 2013, by STEVEN E. GOLDMAN, who i's ~I -------------->as identifi My Commission Expires: 743 Name Printed --Steven E. Goldman Florida Bar No. Greenberg Traurig, P .A. 333 S.E. 2nd Avenue, Suite 4400 Miami, Florida 131 _,_ __ day of February, me or has produced __ _ (WElAMUSA Notary Nllle • Stale ol Florlda My COIMI. ~res Mar 25, 2!i14 commissiOn 11 oo 974799 "A" 2 THROUGH 10, INCLUSIVE, AND 15, RESUBDIVISION't, ACCORDING TO THE PLAT PLAT BOOK 21, 83, OF THE PUBLIC •'-·"~ . .-'L.n·--···""' PARCEL2: PLAT OF AQUARIUM AS RECORDED IN MIAMI-DADE COUNTY, 1, 16, 17, 18 AND 19, OF "AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", ACCORDING PLAT AS RECORDED IN PLAT BOOK 21, PAGE THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE FOLLOWING DESCRIBED PARCELS: BEGIN AT THE SOUTHWEST CORNER OF LOT 19 OF AQUARIUM SITE RESUBDIVISION", AS RECORDED IN PLAT BOOK PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, RUN WEST LINE OF SAID LOT 19 FOR A DISTANCE OF 25.15 FEET TO THE POINT INTERSECTION WITH THE RIGHT-OF-WAY LINE OF STATE ROAD THENCE DEFLECTING 87°01'19 11 TO RIGHT, RUN ALONG RIGHT-OF-WAY LINE OF STATE ROAD FOR A DISTANCE OF 37.88 FEET TO THE POINT OF CURVATURE OF CIRCULAR CURVE TO LEFT; THENCE RUN ALONG ARC OF SAID CURVE, HAVING A RADIUS OF AND A CENTRAL ANGLE OF 87°00'49", FOR AN DISTANCE 99.47 FEET TO THE POINT TANGENCY WITH THE LINE OF SAID LOT 1, SAID POINT BEING 7.48 FEET SOUTH OF ffiE NORTHEAST CORNER OF SAID 1; THENCE RUN EAST LINE LOT 1, FOR DISTANCE 28.72 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE RUN ALONG OF CURVE, HAVING A OF 63.80 FEET AND A CENTRAL 89°59'30", FOR AN DISTANCE OF 100.21 A POINT OF TANGENCY WITH LINE LOT l, AT A DISTANCE OF 11.20 FROM SOUTHWEST CORNER 1; THENCE RUN WEST ALONG LINE OF SAID LOTS lAND 19 DISTANCE OF 36.20 TO POINT OF BEGINNING. AND BEGINNING AT SOUTHEAST CORNER LOT 18 OF 0 AMENDED OF AQUARIUM SITE RESUBDIVISION", AS RECORDED IN PLAT BOOK , 83, OF PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, RUN WEST ALONG THE SOUTH LINE OF LOTS 18 AND 17 A DISTANCE OF 62.00 FEET TO POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE RUN ALONG THE 744 ARC SAID CIRCULAR CURVE, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 66°03'04", AN ARC DISTANCE OF 23.06 FEET TO POINT TANGENCY WITH WESTERLY OF SAID LOT 17; THENCE RUN NORTHWESTERLY ALONG SAID WESTERLY LINE OF 17, A DISTANCE OF 27.39 THENCE RUN SOUTHEASTERLY THE OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 29.30 FEET AND A CENTRAL ANGLE OF 46°06'19", FOR AN ARC OF FEET TO A POINT; THENCE RUN EASTERLY ALONG A STR.PJGHT LINE A OF 74.72 FEET A POINT ON EAST LINE OF SAID LOT 18, SAID POINT BEING 25.15 NORTH OF SOUTHEAST CORNER OF LOT 18; THENCE RUN SOUTH ALONG SAID LINE OF LOT 18, FOR A DISTANCE OF 25.15 POINT OF BEGINNING. PARCEL3; LOTS 13 AND 14, "AMENDED PLAT OF AQUARlUM SITE RESUBDIVISION 1 ', ACCORDING TO TIIE PLAT THEREOF, AS RECORDED IN PLAT BOOK OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LAND DESCRIPTION: (600-630 ALTON ROAD) l THROUGH 7, AND LOTS 27 THROUGH 32, INCLUSIVE, "-"'-''-''-'""" .. 11AMENDED PLAT FLEETWOOD SUBDIVISION", ACCORDING TO THE AS RECORDED IN 28 AT PAGE 34, OF THE PUBLIC '"'"'""'"'-".l'U-''-' COUNTY, LESS AND EXCEPTING THOSE PORTIONS OF SAID LOTS 1 2, BLOCK 2, OF SAID PLAT 11 AMENDED PLAT FLEETWOOD SUBDMSION", MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT NORTHWEST CORNER OF SAID LOT 2; THENCE RUN SOUTH, ALONG WEST LINE OF SAID LOT 1 AND 2 FOR A DISTANCE 95.00 FEET TO POINT CURVATURE; THENCE RUN SOUTHEASTERLY, ALONG THE ARC CIRCULAR CURVE TO THE HAVING FOR ELEMENTS A RADIUS OF 15.00 AND A CENTRAL ANGLE OF 90 DEGREES FOR AN ARC DISTANCE OF FEET TO A POINT OF TANGENCY THE SOUTII LINE OF SAID LOT 1; RUN ALONG THE SAID SOUTH LINE OF LOT 1 FOR A DISTANCE THENCE RUN NORTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO RIGHT, HAVING FOR ELEMENTS A RADIUS OF 15.00 FEET AND A CENTRAL OF DEGREES 36 MINUTES 39 SECONDS FOR AN ARC DISTANCE OF 19.27 TO A POINT OF TANGENCY; THENCERUNNORTH 16 23 MINUTES SECONDS WEST FOR A DISTANCE OF 51.32 FEET TO A POINT ON NORTH LINE SAID LOT 1; THENCE RUN NORTH 11 DEGREES 18 MINUTES 35 SECONDS WEST A DISTANCE OF 50.99 FEET TO POINT OF BEGINNING, LYING IN MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH: 745 LOTS 23 THROUGH 26, BLOCK "AMENDED PLAT FLEETWOOD SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS BOOK 28 OF PUBLIC RECORDS OF DADE COUNTY, LANTI (1220 6TH STREET) 11 AND OF "AMENDED OF AQUARIUM RESUBDIVISION" > ACCORDING TO PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC ..,.-,-,,-.r.. .... -n.'"' OF MIAMI-DADE COUNTY, FLORIDA. MIA GOLDMANS 183,001, 75fiv2 2-1-13 05146!5.081700 746 Attachment Il 747 Attadunent C COUSINS SURVEYORS & ASSOCIATES, INC. lPROJECI NUMt)t.l\ ; bt\44-IL J 3921 SW 47TH AVENUE, SUITE 1011 DAVIE, FLORIDA 33314 CLIENT : CERTIFICATE OF AUTHORIZATION : LB # 6448 PHONE 689-7766 FAX 689-7799 CRESCENT HEIGHTS LAND DESCRIPTION AND SKETCH LAND DESCRIPTION: A PORTION OF LOTS 8, 9, 10 AND 13, AND A PORTION OF THAT 15.00 FEET ALLEY OF "AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS Of MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1 0; THENCE NORTH 89'37'30" EAST ALONG THE NORTH LINE OF SAID LOT 10 AND THE SOUTH RIGHT OF WAY LINE OF "6TH STREET", A DISTANCE OF 14.21 FEET; THENCE SOUTH 00'22'51" EAST ALONG A LINE 14.21 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID LOTS 8, 9 AND 10, A DISTANCE OF 120.00 FEET; THENCE SOUTH 89'37'30" WEST ALONG THE SOUTH LINE OF THE NORTH 20.00 FEET OF SAID LOT 13 AND ITS EASTERLY EXTENSION, A DISTANCE OF 1 54.21 FEET; THENCE NORTH 00'22'51" WEST AlONG THE WEST LINE OF SAID LOT 13 AND THE EAST RIGHT -OF -WAY LINE OF "WEST AVENUE", A DISTANCE OF 20.00 FEET; THENCE NORTH 89'37'30" EAST ALONG THE NORTH LINE OF SAID LOT 13, A DISTANCE OF 125.00 FEET; THENCE NORTH 00'22'51" WEST ALONG THE EAST LINE OF LOTS 11 AND 12 OF SAID PLAT, A DISTANCE OF 100.00 FEET; THENCE NORTH 89'37'30" EAST ALONG THE SOUTH RIGHT-OF-WAY liNE OF "6TH STREET", A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING, LANDS SITUATE. LYING AND BEING IN THE CITY OF MIAMI BEACH, LESS. COUNTY, FLORIDA; CONTAINING 6,005 SQUARE FEET MORE OR 748 LAND DESCRIPTION & SKETCH FOR ALLEY VACATION COUSINS SURVEYORS & ASSOCIATES, INC. WEST AVENUE N00"22'51 "W 20.00' LOT 13 M o. )> ~ ~ ~ II 1,?> 0 0 1.11 VI .0 z., · oo ~. mt;:; ~i! EAST LINE LOT 13 3921 SW 47TH AVENUE, SUITE 1011 DAVIE, FLORIDA 33314 CERTIFICATE OF AUTHORIZATION LB # 6448 PHONE (954} 689-7766 FAX 689-7799 LAND DESCRIPTION AND SKETCH EAST .RIGHT-Of-WAY LINE WEST LINE-LOT 12 WEST LINE -LOT 1 I "AMENDED PLAT OF AQUA!WJM SITE RESUBDIVISION" (P.B. 21, PG. :a:s, M/D.C.R.) r' Z·Z MM I I "' oo ....,,_, N00"22'51"W . 100.00' LOT 11 EASTERLY EXTENSION Of' , THE SOUTH LINE Of 15' ALLEY (P.B. 21, PG. 83, M/D.C.R.) ;' THE NORTH 20 FEET OF LOT 13 WEST UNf ' LOT 8 LOT 8 WEST LINE-LOT 9 LOT 9 749 \ WEST LINE-LOT 10 LOT 10 LAND DESCRIPTION & SKETCH FOR ALLEY VACATION CRESCENT HEIGHTS COUSINS SURVEYORS & ASSOCIATES, INC. PROJECT NUMBER 6844-12 3921 SW 47TH AVENUE, SUITE 1011 DAVIE, FLORIDA 4 CLIENT : CERTIFICATE OF : LB # 6448 PHONE '954) 689-7766 FAX 689-7799 CRESCENT HEIGHTS NOTES; LAND DESCRIPTION AND SKETCH LEGEND: CKD OWN FB/PG POB roc P.B. M/!J.C.R. SQJl. POB CHECKED BY DRAWN BY FIELD BOOK AND PAGE POINT OF BEGINNING POINT OF COMMENCEMENT PlAT BOOK MIAMI/DADE COUNTY RECORDS SQUARE FEET POINT OF BEGINNING L NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A fLORIDA LICENSED SURVEYOR AND MAPPER. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS Of RECORD. 3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH, 4. THE lAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 5. BEARINGS SHOWN HEREON ARE ASSUMED. I HEREBY CEIHtFY THAT THE ATIACHED "LAND DESCRIPTION AND SKETCH" IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION IN DECEMBER, 2012. I FURTHER CERTIFY THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE MINIMUM TECHNICAL STANDARDS FOR SURVEYING IN THE STATE Of fLORIDA ACCORDING TO CHAPTER SJ-17 Of THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 4/2.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON. RICHARD E. COUSINS 750 LAND DESCRIPTION & SKETCH FOR ALLEY VACATION Dear Attachment D ER OW DELL&FERNANDEZ ZONING. LAND USE AND ENVIRONMENTAL LAVV DIRECT UNE: (305) 377-6229 E"Mail: gpenn@BRloninglaw.com Request for Allev Closqre -500 Block of Alton Road. Beckmann: DeveloRmen.t~an. The Applicant to develop a consisting several buildings on the 500 and 600 u~'J'-·'""" brought up to modem building be devoted to a multifamily be limited to seven the existing hospital uu .•. li..UHF',, are attaching some of the current the proposaL WACHOVIA FINANCIAl. C:EN"'fEF! • 200 SOOTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINULAW.C:OM 751 through alley, the then property ow11er dedication of a replacement alley at to preserve access to the rear redevelopment other ways. any through a of the easement in the owners the to the centerline of the public. utility of the only as a unused and taxes. that reason the Property as ..... .,.,..,'""'"'""'''1 on the attached multiple bicycle, ~-''"'··'""'''"'·"; .... and +.,.,.r..,·•+ as depicted on project to help to the site will be provided on with Miami-Dade Applicant is proposing north of BERCOW RADELL & FERNANDEZ .Z:ONtNG, t..AND U~"f;t At.JD ENVIROf"t..!MS!r'·..fTAL l.-A'\1\/ 752 This nmnerous pedestrian flow An forward to cc: that the redevelopment the City increased property taxes due to the proposed dosure is The redevelopment of Property ~'"'"''"''' .. that will be a addition to this area of the City's gateway at the MacArthur Causeway. look recommendation. If you questions or comments, BE.RCOW RADE.LL & FERNANDEZ ZONING, L.AND USE\ ANt'J. t-::NVIR<:>NM~,NTAU...... LA\t"lJ' 753 RESOLUTION TO BE SUBMITTED 754 THIS PAGE INTENTIONALLY LEFT BLANK 755 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Authorizing The City Manager, Or His Designee To Select, Negotiate, Award And Reject All Bids, Contracts, Agreements, Purchase Orders, Change Orders And Grant Applications; Renew Existing Contracts Which May Expire, And Terminate Existing Contracts As Needed From The Last City Commission Meeting On July 17, 2013, Until The First Regularly Scheduled City Commission Meeting On September '11, 2013, Subject To Ratification By The City Commission At Its First Regularly Scheduled Meeting On September 11, 2013. Key Intended Outcome Supported: August Recess Authorization Supports All City Key Intended Outcomes. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: er to Adopt the Resolution? Item SummaryiRecommendation: Between the last meeting on July 17, 2013, and the first regularly scheduled meeting on September 11, 2013, the City Commission will not be in session. During this period there may be bids or contracts in excess of the $25,000, which may need to be rejected, awarded or terminated. Based on the above, it is requested, that the City Manager, or his designee, be authorized to sign all contracts, agreements, purchase orders, change orders, and grant applications; renew any existing contracts, for an appropriate period of time; terminate existing contracts, as needed, from the last Commission meeting on July 17, 2013, until the first regularly scheduled Commission meeting on September 11, 2013, subject to ratification by the City Commission at its first regularly scheduled meeting on September 11, 2013. ADOPT THE RESOLUTION. Advisory Board Recommendation: Financial Information· Source of Amount Account Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin Raul Aguila, ext. 6475 ity Manager anager JLM MIAMI BEACH 756 DATE J-lJ--) ~ RlE MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gav TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Me Jimmy L. Morales, City Manager ~- July 17, 2013 A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, UTHORIZING THE CITY MANAGER, OR HER DESIGNEE, TO SELECT, NEGOTIATE, AWARD AND REJECT ALL BIDS, CONTRACTS, AGREEMENTS, PURCHASE ORDERS, CHANGE ORDERS AND GRANT APPLICATIONS; RENEW EXISTING CONTRACTS WHICH MAY EXPIRE; AND TERMINATE EXISTING CONTRACTS, AS NEEDED, FROM THE LAST COMMISSION MEETING ON JULY 17, 2013, UNTIL THE FIRST REGULARLY SCHEDULED COMMISSION MEETING ON SEPTEMBER 11, 2013, SUBJECT TO RATIFICATION BY THE CITY COMMISSION AT ITS FIRST REGULARLY SCHEDULED MEETING ON SEPTEMBER 11, 2013. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND Between the last meeting on July 17, 2013, and the first regularly scheduled meeting on September 11, 2013, the City Commission will not be in session. During this period there may be bids or contracts in excess of the $25,000, which may need to be rejected, awarded or terminated. Based on the above, it is requested, that the City Manager, or her designee, be authorized to sign all contracts, agreements, purchase orders, change orders, and grant applications; renew any existing contracts, for an appropriate period of time; terminate existing contracts, as needed, from the last Commission meeting on July 17, 2013, until the first regularly scheduled Commission meeting on September 11, 2013, subject to ratification by the City Commission at its first regularly scheduled meeting on September 11, 2013. Since this authorization is necessary to ensure that essential services and projects continue during the period between the last Commission meeting on July 17, 2013, until the first regularly scheduled Commission meeting on September 11, 2013, it is recommended that the City Commission adopt this Resolution. T:\AGENDA\2013\July 17\August Recess Memo.doc 757 RESOLUTION NO. ---- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SELECT, NEGOTIATE, AWARD AND REJECT ALL BIDS, CONTRACTS, AGREEMENTS, PURCHASE ORDERS, CHANGE ORDERS AND GRANT APPLICATIONS; RENEW EXISTING CONTRACTS WHICH MAY EXPIRE; AND TERMINATE EXISTING CONTRACTS, AS NEEDED, FROM THE LAST COMMISSION MEETING ON JULY 17, 2013, UNTIL THE FIRST REGULARLY SCHEDULED MEETING ON SEPTEMBER 11, 2013, SUBJECT TO RATIFICATION BY THE CITY COMMISSION AT ITS FIRST REGULARLY SCHEDULED MEETING ON SEPTEMBER 11,2013. WHEREAS, between the last meeting on July 17, 2013, and the first regularly scheduled meeting on September 11, 2013, the City Commission will not be in session; and WHEREAS, during this period, there may be bids or contracts in excess of the $25,000, which may need to be rejected, awarded or terminated; and WHEREAS, the City Commission has historically, during its August recess, assigned the City Manager with the authority to select, negotiate, award and/or renew contracts, as needed, subject to ratification by the City Commission; and WHEREAS, it is therefore requested that the City Manager, or his designee, be authorized to sign all contracts, agreements, purchase orders, change orders, and grant applications; renew any existing contracts, which may expire, for an appropriate period of time; terminate existing contracts, as needed, from the last Commission meeting on July 17, 2013, until the first regularly scheduled Commission meeting on September 11, 2013, subject to ratification by the City Commission at its first regularly scheduled meeting on September 11, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City Manager, or his designee, to select, negotiate, award and reject all bids, contracts, agreements, purchase orders, change orders, and grant applications; renew existing contracts which may expire; and terminate existing contracts, as needed, from the last City Commission meeting on July 17, 2013, until the first regularly scheduled meeting on September 11, 2013, subject to ratification by the City Commission at its first regularly scheduled meeting on September 11, 2013. PASSED and ADOPTED this----day of -----• 2013 ATTEST: City Clerk T:\AGENDA\2013\July 17\August Recess Reso.doc 758 Mayor APPROVED AS TO FORM & LANGUAGE -~-........... FOR EXECUTION ~\\5 \It ata j.v l ~,J J THIS PAGE INTENTIONALLY LEFT BLANK 759 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Jose Smith, City Atto CC: DATE: July 17, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH AN ADVISORY, NON- BINDING STRAW BALLOT QUESTION ASKING WHETHER THE CITY COMMISSION SHOULD, WITHOUT OWNER CONSENT, DESIGNATE INDIVIDUAL SINGLE FAMILY HOMES THAT SATISFY THE CITY CODE'S EVALUATION CRITERIA FOR LOCAL HISTORIC SITE DESIGNATION. RECOMMENDATION If the City Commission wants to place the question before the voters as set forth in the resolution, it must be adopted before September 13, 2013. BACKGROUND On May 8, 2013, pursuant to City Code section 118-591, the City Commission discussed the Historic Preservation Board's April 9, 2013 action directing staff to prepare a designation report on 42 Star Island Drive, pursuant to an application by Miami Design Preservation League ("MDPL") to designate that single family property as an individual local historic site. A copy of the after-action is attached. As part of that discussion, and pursuant to a Motion by Commissioner Libbin, the City Attorney's Office and Administration were requested to draft language for a ballot question in November 2013, for review by the Land Use and Development Committee. The proposed ballot language is: "Should the City Commission, without owner consent, designate individual single family homes that satisfy the City Code's evaluation criteria for local historic site designation?" The Land Use and Development Committee discussed the matter at its June 12, 2013 meeting, and referred the item to the Commission without recommendation. Commissioner Wolfson at that meeting indicated a desire to sponsor the resolution at the July 17, 2013 City Commission meeting. The City Attorney has prepared the appropriate memorandum and resolution for 760 Agenda Item R l F Date 1-tl-13 Commission Memorandum -Straw Ballot -Involuntary Historic Designation July 17, 2013 Page 2 approval by the City Commission to place the item on the November, 2013 ballot. According to the City Clerk, approval of a resolution to place such item on the November, 2013 ballot must occur at the July 17, 2013 City Commission meeting, unless a special meeting of the City Commission is set thereafter. The resolution has to be at the County Election Department by September 6, 2013. ANALYSIS The Miami Beach City Code currently allows involuntary designation of historic properties. City Code section 118-591, "Historic designation procedure," allows requests for designation as follows: Requests for designation of an individual historic site or district may be made to the historic preservation board by motion of the board, the city manager, by resolution of the planning board or city commission, by any property owner in respect to his own property, by a majority of property owners of record within a proposed district, by resolution of the county historic preservation board, or by resolution of any organization whose purpose is to promote the preservation of historic sites. Section 118-591 (a)(1 ), City Code. The Code presently contains no requirement that the owner of the property for which designation is sought consent to the initiation of the process, or the designation itself. Approximately 10 years ago, an expedited process was established allowing owners of single family homes who sought designation to accomplish designation through a simple one-hearing process before the Historic Preservation Board. Involuntary designation involves two or three hearings before the Historic Preservation Board, one hearing before the Planning Board, and two hearings before the City Commission. Sections 118-591 (a)(1 ), 118- 593(b) & (c), City Code. While the authority to designate individual single family homes as local historic sites without owner consent is provided for in the City Code, it has never been exercised by the City Commission. This is a central issue in the discussion of the propriety of designating 42 Star Island Drive, pursuant to the application of MD PL. The question has been raised whether owner consent can be required as a condition precedent to designation. Originally, the Code of Miami-Dade County prevented the addition of owner consent as a requirement of designation, setting as a minimum standard County-wide a process for historic designation without owner consent. In fact, the County sued the City of Miami Beach when it attempted to adopt an ordinance providing for historic designation with owner consent, and the City thereafter adopted an ordinance providing for designation without owner consent. Section 16A-3.1(4)(b) provides: 761 Commission Memorandum -Straw Ballot -Involuntary Historic Designation July 17,2013 Page 3 It is a violation of the m1mmum standards of this Chapter for a municipal historic preservation ordinance (1) to exempt an otherwise historic property from historic regulation or designation on the basis that the owner did not consent to the regulation or designation; Subsequently, however, the County amended its Code to provide: "The minimum standards created in these sub-section [sic] shall not apply to any municipality that is recognized as a Certified Local Government by the Florida Secretary of State." As the City of Miami Beach is recognized as a Certified Local Government by the Florida Secretary of State, the minimum standard in the Miami-Dade County Code does not prevent Miami Beach from amending its designation provision to require owner consent, should the voters so advise. CONCLUSION If the City Commission desires to place the question before the voters as set forth in the resolution, it needs to adopt it before September 13, 2013. ~ JS/GMH/s T:\AGENDA\2013\July 17\Straw Ballot Question-Involuntary historic designation-MEMO.doc 762 After-action May 8, 2013 City of Miami Beach 5:16:06 p.m. R9G Discussion Regarding A Resolution Pursuant To City Code Section 118-591 Declining To Pursue The Proposed Designation Of 42 Star Island Drive As A Historic Site. (Requested by Vice-Mayor Jonah Wolfson) ACTION: Discussion held. Resolution rejected. RECOMMENDATIONS: Referral to the Land Use and Development Committee Administration to work with the Legal Department to draft language for the November 2013 ballot Motion# 1: Motion made by Vice-Mayor Wolfson to deny the proposed request for historic designation of the property located at 42 Star Island Drive; seconded by Commissioner Tobin; Voice vote: 2-5; Opposed: Mayor Bower, and Commissioners Exposito, Gongora, Libbin and Weithorn. The motion failed. Motion #2: Motion made by Commissioner Libbin to direct the Administration to work with the City Attorney's Office and draft language for a ballot question in November 2013, and refer it to the Land Use and Development Committee; seconded by Commissioner Tobin; Voice vote: 7-0. City Attorney's Office and Richard Lorber to handle. Vice-Mayor Wolfson introduced the item, and stated that this is not a fair way of handling this house, when other similarly situated homes are not being treated the same way. It is not about whether this house is historic or not; it is about personal likes and dislikes. He is supportive of the historic designation on the commercial properties. This house is being treated differently than the other fifteen or sixteen pre-1942 houses that have requested demolition permits. The property rights of this homeowner are being inhibited because other individuals want to enjoy viewing this house. Mayor Bower asked the status of her requested Ordinance to look at incentives for owners of properties designated historic. Jorge Gomez, Assistant City Manager, stated that the issue is in the Land Use and Development Committee. Discussion held. Commissioner Tobin stated looking into selecting a group of homes (approximately 100 homes) that could be designated historic, and see what the financial impact will be for the incentives. Discussion continued. 5:40:00 p.m. William Cary, Assistant Planning Department Director, spoke. Discussion continued. Motion #1: Motion made by Vice-Mayor Wolfson to deny the proposed request for historic designation of the Prepared by the City Clerk's Office Page No. 53 M:\$CMB\CITYCLER\AFTERACT\20 13\050820 13\Afteraction\aa05082013.docx 763 After-action May 8, 2013 property located at 42 Star Island Drive. Discussion continued. Kent Harrison Robbins Esq. spoke. Charles Urstadt, Planning Board member, spoke. Nancy Liebman spoke. Sam Carson spoke. Actor Valezuzo spoke. 6:12:09 p.m. City of Miami Beach Rick Gonzalez, President of REG Architect Inc., and incoming president for the Florida Trust for Historic Preservation Vice-Chairman for the Florida Historic Preservation, spoke. Discussion continued. 6:22:43 p.m. Rick Gonzalez, President of REG Architect Inc. and incoming president for the Florida Trust for Historic Preservation Vice-Chairman for the Florida Historic Preservation spoke. Discussion continued. Cathleen Kauffman, Chief Historic Preservation Officer for Miami Dade County, spoke. Discussion continued. Becky Roper Matkov, Executive Director of Miami Dade Heritage Trust, spoke. Michael Kenner spoke. Daniel Soraldo spoke. Carolyn Klepser spoke. Marina Narvaez spoke. Sherry Kaplan Roberts spoke. Alena Wiz spoke. Daniel Daly spoke Leonard Hockstein, owner of 42 Star Island Dr., spoke. Michael Larkin, Esq., representing the owner of 42 Star Island Dr. spoke. Kent Harrison Robbins Esq. representing the Miami Design Preservation League spoke. Discussion continued. Commissioner Tobin asked what action could be taken tonight or next Wednesday to stop the demolition since there is a loophole in the History Preservation Rule, which states if you have a pre-1942 home and you want to renovate you go through a process. If you decide not to renovate and get your plans approved by the Design Review Board, then you are allowed to demolish it. He is going to vote to let them go forward Mayor Bower asked William Cary and Jorge Gomez for help on this to come up with some ideas. She suggested that when a pre-1942 home comes for a demolition permit, it should be sent to the Historic Preservation Board for review. Richard Lorber to draft proposed ordinance that when a demolition permit is requested for an architecturally significant home, the matter should be referred to the Historic Preservation Board. Prepared by the City Clerk's Office Page No. 54 M:\$CMB\CITYCLER\AFTERACT\2013\05082013\Afteraction\aa05082013.docx 764 After-action May 8, 2013 City of Miami Beach Commissioner Tobin stated that there are approximately 2000 pre-1942 homes, and a survey should be done; to look at the homes not in the pipeline for demolition; thereafter get a process going. Richard Lorber to handle. Jorge Gomez, Assistant City Manager, stated that the sentiment of the Commission is to slow down the process of the demolitions so they can evaluate alternatives including the Mayor's ordinance in the Land and Use and Development Committee. Discussion continued. 7:16:53 p.m. Second on Motion # 1 Commissioner Tobin seconded Vice-Mayor Wolfson's motion. Commissioner Libbin stated that he thinks this should be allowed to go forward and come back with a recommendation. He suggested having MDPL and everyone interested to get this resolved and have the City Attorney's Office draft a ballot question for the November 2013 election to see where the community stand on this issue (involuntary designation of historic homes). Commissioner Gongora thanked everyone for coming out and stated that he will be voting "no." He does not agree in cutting short the process. It should go to the Historic Preservation Board and the Planning Board and come back to the City Commission with a recommendation. Commissioner Weithorn stated that the problem is not demolishing the homes, but what they are being replaced with. It is so out of context with the community, that it is a problem for all. Even if we survey homes, and some are not architecturally significant, if our context is wrong the entire neighborhood is wrong. Look at changing the guidelines so the context of the community stays. We would not be here if we did not have mansions. She gave direction to generate guidelines, in order to preserve the sustainability and character of the City. Richard Lorber to handle. Discussion continued. Commissioner Exposito thanked everyone and stated that what makes this City important is its character. He feels for the Hochstein's, but this needs to move forward and requested the Administration to look for criteria and incentives. Richard Lorber to draft ordinance relating to incentives for voluntary historic designation. Voice vote taken on Motion #1 to stop the process; 2-5: Opposed: Mayor Bower, and Commissioners Exposito, Gongora, Libbin and Weithorn. The motion failed. 7:27:04 p.m. Motion# 2: Motion made by Commissioner Libbin to direct Administration to work with the City Attorney's Office to draft language for a ballot question in November 2013, and refer to the Land Use and Development Committee; Voice vote: 7-0. City Attorney's Office and Richard Lorber to handle. Handouts or Reference Materials: 1. Letter from John Hildreth, Regional Vice President, National Trust for Historic Preservation, dated May 8, 2013, RE: 42 Star Island Drive historic designation 2. Email from Jeff Donnelly, jeffdonn@aol.com dated May 7, 2013 RE: Item R9G 3. Miami-Dade County Historic Preservation Board Resolution No. 2013-01 Encouraging The City Of Miami Beach To Protect Architecturally Significant Single-Family Homes, from Kathleen Slesnick Prepared by the City Clerk's Office Page No. 55 M:\$CMB\CITYCLER\AFTERACT\20 13\05082013\Afteraction\aa05082013.docx 765 After-action May 8, 2013 City of Miami Beach Kauffman, Historic Preservation Chief. 4. Sign-In Sheet 5. Dade Heritage Trust 'Preservation Today" Discovering Miami Modern Magazine, 2011. 6. Speakers List 8:04:26 p.m. 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) ACTION: Discussion held. Commissioner Exposito stated that the issue was resolved. Raul Aguila, Deputy City Attorney, stated that he takes responsibility for the delay of this issue because it is a progressive design contract and it had to be done from scratch. The contract is now done and revised, and he will give it to Capital Improvement Projects at the end of the week to issue the RFQ. David Martinez, CIP Director, stated that once they receive the progressive design contract established they would like to award it at the July 17 City Commission meeting. The design criteria package is about 30% plans. The plans are developed and it will take about four months and he will bring the contract approximately in December. The construction takes about eighteen months, so we are looking at finishing it by July 2015. Commissioner Exposito requested a copy of the timeline. Commissioner Exposito was notified that the timeline was in his Commission Agenda packet. Commissioner Tobin asked if there is a desire to bury underground the electric lines on Alton road, from 51h to Seventeenth. Mayor Bower stated that it would be wonderful. Commissioner Exposito stated that it would be great. Vice-Mayor Wolfson stated it would be great, but it may delay the project. Direction given to City Manager Morales to look into it. Eric Carpenter and Jay Fink to handle. 8:00:35 p.m. 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) ACTION: Discussion held. Resolution No. 2013-28218 adopted. Motion made by Commissioner Libbin; seconded by Commissioner Tobin; Voice vote: 5-0; Absent: Vice-Mayor Wolfson and Commissioner Weithorn. Max Sklar to handle. TODO: Develop a policy and criteria for the waiving of fees for Film Festivals. Max Sklar to handle. Discussion held. Commissioner Tobin requested the Administration to come up with a policy and criteria. Prepared by the City Clerk's Office Page No. 56 M:\$CMB\CITYCLER\AFTERAC1\2013\05082013\Afteraction\aa05082013.docx 766 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITYOF MIAMI BEACH AN ADVISORY, NON-BINDING STRAW BALLOT QUESTION ASKING WHETHER THE CITY COMMISSION SHOULD, WITHOUT OWNER CONSENT, DESIGNATE INDIVIDUAL SINGLE FAMILY HOMES THAT SATISFY THE CITY CODE'S EVALUATION CRITERIA FOR LOCAL HISTORIC SITE DESIGNATION? WHEREAS, the purpose and intent of this Resolution is to obtain an expression of elector sentiment with respect to a matter of substantial concern to the electors of the City of Miami Beach; and WHEREAS, the governing body of the City of Miami Beach finds that the issue of whether the City of Miami Beach should, without owner consent, designate individual single family homes that satisfy the city code's evaluation criteria for local historic site designation, deserves an advisory, non-binding referendum to assess public support for this proposition. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 5, 2013, for the purpose of submitting to the electorate the advisory, non- binding straw ballot question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. 1 767 SECTION 3, Said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the official registration books show that the said electors reside. SECTION 4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 8ih Avenue, Miami, Florida 33172, Telephone 305 499-VOTE (8683). SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of §50.031 and §100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00A.M. UNTIL 7:00P.M. ON THE 5TH DAY OF NOVEMBER, 2013, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING ADVISORY, NON-BINDING STRAW 2 768 BALLOT QUESTION: ADVISORY NON-BINDING STRAW BALLOT QUESTION- INVOLUNTARY HISTORIC DESIGNATION SHOULD THE CITY COMMISSION, WITHOUT OWNER CONSENT, DESIGNATE INDIVIDUAL SINGLE FAMILY HOMES THAT SATISFY THE CITY CODE'S EVALUATION CRITERIA FOR LOCAL HISTORIC SITE DESIGNATION? _____ YES _____ NO SECTION 7. The official ballot to be used in the Special Election to be held on November 5, 2013, hereby called, shall be in substantially the following form, to-wit: OFFICIAl BALlOT ADVISORY, NON-BINDING STRAW BALLOT QUESTION - INVOLUNTARY HISTORIC DESIGNATION. SHOULD THE CITY COMMISSION, WITHOUT OWNER CONSENT, DESIGNATE INDIVIDUAL SINGLE FAMILY HOMES THAT SATISFY THE CITY CODE'S EVALUATION CRITERIA FOR LOCAL HISTORIC SITE DESIGNATION? _____ YES _____ NO SECTION 8. Absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the laws of the State of Florida with respect to absentee voting. SECTION 9. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 10. 3 769 If any section, sentence, clause or phrase of the proposed ballot measure is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said ballot measure. SECTION 11. This resolution shall be effective upon its passage. PASSED and ADOPTED this_ day of _______ , 2013. MAYOR ATTEST: CITY CLERK T:\AGENDA\2013\July 17\Straw Ballot Question-lnvolountary Historic Designation -for 11-5-13 RESO.doc 4 770 PROPOSED BALLOT TITLE AND BALLOT SUMMARY NOVEMBER 5, 2013 SPECIAL ELECTION PROPOSED BALLOT TITLE AND BALLOT SUMMARY: ADVISORY, NON-BINDING STRAW BALLOT QUESTION - INVOLUNTARY HISTORIC DESIGNATION. SHOULD THE CITY COMMISSION, WITHOUT OWNER CONSENT, DESIGNATE INDIVIDUAL SINGLE FAMILY HOMES THAT SATISFY THE CITY CODE'S EVALUATION CRITERIA FOR LOCAL HISTORIC SITE DESIGNATION? ____ YES ____ NO 5 771 JOSE SMITH, CITY AnORNEY OFFICE OF THE CITY AnORNEY COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower CC: FROM: DATE: SUBJECT: Members of the City Commission Jose Smith, City Att , ey July 17, 2013 l Resolution Calling a Special Election for an Advisory, Non-Binding Straw Ballot Question Regarding Medicinal Marijuana. Pursuant to the direction of the Neighborhoods/Community Affairs Committee (NCAC) at its June 26, 2013 meeting, the attached Resolution has been drafted for the City Commission's consideration. The Resolution sets forth an advisory, non-binding straw ballot question for the City's November 5, 2013 Special Election asking whether the City Commission should adopt a Resolution urging the Federal Government and the Florida Legislature to decriminalize and authorize the use of medicinal marijuana. The NCAC did not make a recommendation with regard to the proposed straw ballot question. JS/DT/mmd F:\A TTO\TURN\MEMOS\Medical Marijuana Resolution.docx 772 Agenda Item F{1 G- Date l-ll-13 RESOLUTION NO,------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH AN ADVISORY, NON- BINDING STRAW BALLOT .QUESTION ASKING WHETHER THE CITY COMMISSION SHOULD ADOPT A RESOLUTION URGING THE FEDERAL GOVERNMENT AND THE FLORIDA LEGISLATURE TO DECRIMINALIZE AND AUTHORIZE THE MEDICINAL USE OF MARIJUANA. WHEREAS, the purpose and intent of this Resolution is to obtain an expression of elector sentiment with respect to a matter of substantial concern to the electors of the City of Miami Beach; and WHEREAS, the governing body of the City of Miami Beach finds that the issue of whether the City of Miami Beach should adopt a Resolution urging the Federal government and the Florida Legislature to decriminalize and authorize the medicinal use of marijuana deserves an advisory, non-binding referendum to assess public support for this proposition. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 5, 2013, for the purpose of submitting to the electorate the advisory, non-binding electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the official registration books show that the said electors reside. 773 SECTION 4, Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87 1h Avenue, Dora!, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of §50.031 and § 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00A.M. UNTIL 7:00P.M. ON THE 5th 1h DAY OF NOVEMBER 2013, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING ADVISORY, NON-BINDING STRAW BALLOT QUESTION: ADVISORY, NON-BINDING STRAW BALLOT QUESTION - MEDICINAL MARIJUANA RESOLUTION SHOULD THE CITY COMMISSION ADOPT A RESOLUTION URGING THE FEDERAL GOVERNMENT AND THE FLORIDA LEGISLATURE TO DECRIMINILIZE AND AUTHORIZE THE MEDICINAL USE OF MARIJUANA? _____ YES _____ NO 2 774 SECTION 7. That the official ballot to be used in the Special Election to be held on November 5, 2013, hereby called, shall be in substantially the following form, to-wit: OFFICIAL BALLOT ADVISORY, NON-BINDING STRAW BALLOT QUESTION- MEDICINAL MARIJUANA RESOLUTION SHOULD THE CITY COMMISSION ADOPT A RESOLUTION URGING THE FEDERAL GOVERNMENT AND THE FLORIDA LEGISLATURE TO DECRIMINILIZE AND AUTHORIZE THE MEDICINAL USE OF MARIJUANA? SECTION 8. _____ YES _____ NO That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee voting. SECTION 9. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 10. If any section, sentence, clause or phrase of the proposed ballot measure is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said ballot measure. SECTION 11. This Resolution shall be effective upon its passage. PASSED and ADOPTED this ___ day of ________ , 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK MATTI HERRERA BOWER, MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:\ATTO\TURN\BALLOT.QUESTIONS\straw ballot question medicinal marijuana.doc 3 775 PROPOSED BALLOT TITLE AND BALLOT SUMMARY NOVEMBER 5, 2013 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: ADVISORY, NON-BINDING STRAW BALLOT QUESTION- MEDICINAL MARIJUANA RESOLUTION SHOULD THE CITY COMMISSION ADOPT A RSOLUTION URGING THE FEDERAL GOVERNMENT AND THE FLORIDA LEGISLATURE TO DECRIMINILIZE AND AUTHORIZE THE MEDICINAL USE OF MARIJUANA? ____ YES ____ NO 4 776 THIS PAGE INTENTIONALLY LEFT BLANK 777 COMMISSION ITEM SUMMARY Condensed Title: A Recommendation to Reject All Bids Received, Pursuant to Invitation to Bid No. 176-2013TC, for the Construction of the 6th Street Restrooms, 53'd Street Restrooms, and Ocean Rescue Office {the Project); and Approving a Resolution of !he Mayor and City Commission of the City of Miami Beach, Florida, to Approve and Authorize the Mayor and City Clerk to Execute a Guaranteed Maximum Price (GMP) Amendment to the Pre-Construction Services Agreement with Thornton Construction Company, Inc. for !he Construction of !he 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 reject all bids and approve the resolution? Item Summary/Recommendation: In November 2000, the Administration initiated an effort to replace the deteriorated facilities at various beachfront locations with new standardized facilities. As a result, new restroom facilities have been constructed at 14th, 21•1, 35th, 46th and 64th Streets. New restroom facilities are also currently being finalized at 72•d Street as part of the Oceanfront Community Center Project The restroom facilities located at 6th and 53'd Streets, the last two remaining of this effort, are outdated, have exceeded their useful life, and are not adequate to serve the large number of users. In order to achieve the goal of renovating the restroom facilities at 61h and 53'd Streets, the City Commission approved issuance of Request for Qualifications {RFQ) No. 40-10/11, for a construction manager at risk firm {CMR) to provide pre-construction services and construction phase services via a guaranteed maximum price (GMP) for this project. The RFQ resulted in a contract award to Thornton Construction to complete the project via the CMR process. The final GMP pursuant to the CMR process was presented to the City Commission on March 13, 2013, for approval. At that lime, the City Commission approved a motion to evaluate the GMP submitted by Thornton Construction in the amount of $1,225,197, while proceeding with the issuance of an Invitation to Bid (IT B) for the required scope in order to determine which method was in best interest of the City. As a result of the March 13, 2013 direction received from the City Commission, Invitation to Bid (ITB) 176-2013TC was issued on May 15, 2013, with an opening date of June 2013. The solicitation was advertised and notices were released to prospective bidders, of which 31 downloaded the solicitation. Bids were received from four (4) bidders. After review of the bids received, ABC Construction was determined to be the lowest responsive, responsible bidder at a cost of $1,151,200, compared to the GMP submitted by Thornton Construction of $1,225,197. Staff analyzed the cost-benefits of each method, ITB or GMP. Under the ITB or low bid process, the contractor is incentivized to seek changes resulting in change orders and time delays, which could be conducive to an adversarial relationship between all parties. In this scenario, the City assumes all of the risk for unforeseen conditions and errors and omissions. In the case of a CMRIGMP delivery method, all of these risks are transferred to the contractor, and the potential for change orders is minimized. Given the relatively small cost differential of $73,997 between the lowest bid ($1,151,200) by ABC Construction, Inc., and the GMP ($1,225,197) provided by Thornton Construction Company, Inc., the CMR, it is recommended that the GMP Amendment No.1 to the Agreement with Thornton Construction Company, Inc. be approved. RECOMMENDATION The Administration recommends to reject all bids received, pursuant to Invitation to Bid No. 176-2013TC, for the construction of the 6th Street Restrooms, 53'd Street Reslrooms, and Ocean Rescue Office; and approving a resolution of the Mayor and City Commission of the City of Miami Beach, Florida, to approve and authorize the Mayor and City Clerk to execute a GMP amendment to the pre-construction services agreement with Thornton Construction Company, Inc., for the construction of the 6th Street Restrooms in the amount of $614,322 and 53'd Street Restrooms and Ocean Rescue Building in the amount of $586,171; and the provision of a temporary office trailer for Ocean Rescue in the amount of $24,704, for a total GMP in the amount of $1,225,197, plus an Owner's project contingency of $61,259, for a grand total of $1 ,286,456; with previously appropriated funding in the amount of $535,367 from SP Post RDA COT and Municipal Resort Tax Fund 388, $109,671 from SB Quatity of Life Resort Tax Fund and $641,418 from Capital Projects Not Financed By Bonds Fund 301. Advisory Board Recommendation: IN/A 778 388 388 AGENDA ITEM _ __;;;__R_7~H DATE 1-ll-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M FROM: Jimmy L Morales, City Manager DATE: July17,2013 SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REJECTING ALL BIDS RECEIVED, PURSUANT TO INVITATION TO BID NO. 176-2013TC, FOR THE CONSTRUCTION OF THE 6TH STREET RESTROOMS, 53Ro STREET RESTROOMS, AND OCEAN RESCUE OFFICE; AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT NO. 1, TO THE PRE-CONSTRUCTION SERVICES AGREEMENT WITH THORNTON CONSTRUCTION COMPANY, INC., FOR THE CONSTRUCTION OF THE 6TH STREET RESTROOMS IN THE AMOUNT OF $614,322, PLUS AN OWNER'S PROJECT CONTINGENCY OF $30,716, FOR A TOTAL OF $645,038; 53Ro STREET RESTROOMS AND OCEAN RESCUE BUILDING IN THE AMOUNT OF $586,171, PLUS AN OWNER'S CONTINGENCY OF $30,543, AND THE PROVISION OF A TEMPORARY OFFICE TRAILER FOR OCEAN RESCUE IN THE AMOUNT OF $24,704, FOR A TOTAL OF $641,418; FOR A GMP TOTAL OF $1,225,197, WITH OWNER'S CONTINGENCY OF $61,259, FOR A GRAND TOTAL OF $1,286,456; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $535,367 FROM SP POST RDA COT AND MUNICIPAL RESORT TAX FUND 388, $109,671 FROM SB QUALITY OF LIFE RESORT TAX FUND 305, $641,418 FROM CAPITAL PROJECTS NOT FINANCED BY BONDS FUND 301. ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOME SUPPORTED Ensure well maintained facilities and ensure quality and timely delivery of capital projects. FUNDING 61h Street Restrooms (with Owner's contingency) $513,867 388-2680-069357 $101 J 764 305-2680-069357 $21,500 388-2680-000356 $7,907 305-2680-000356 ---:::$-=-6475=-"-,0~3:-:8-6th Street Restrooms Subtotal 53rd Street Restrooms and Ocean Rescue Office (with Owner's contingency) $586,171 301-2679-069357 $30,543 301-2679-000356 $24,704 301-2679-069357 $641,418 53rd Street Restrooms and Ocean Rescue Office Subtotal $1,286,456 Grand Total 779 Commission Memorandum -ITB 176-2013TC -61h Street Restrooms, 5:fd Street Restrooms & Ocean Rescue Office July 17, 2013 Page 2 BACKGROUND In November 2000, the Administration initiated an effort to replace the deteriorated facilities at various beachfront locations with new standardized facilities. As a result, new restroom facilities have been constructed at 141h, 21 5 \ 35th, 46th, 641h Streets and new restroom facilities are currently being finalized at ?2nd Street as part of the Oceanfront Community Center Project. The restroom facilities located at 6th and 53rd Streets, the last two remaining of this effort, have extended their useful life, and are not adequate to serve the large number of users. Pursuant to Request for Qualifications (RFQ) No. 40-10/11, for a construction manager at risk firm (CMR) to provide pre-construction services and construction phase services via a guaranteed maximum price (GMP) amendment for the 6th Street Restrooms, 53rd Street Restrooms and Ocean Rescue Office, the Mayor and City Commission adopted Resolution No. 2011-27762 authorizing the Administration to execute and Agreement for Pre-Construction Services with Thornton Construction Company, Inc. (Thornton). During the March 13, 2013, Commission Meeting, the City Commission approved a motion to evaluate the GMP submitted by Thornton Construction in the amount of $1,225,197, and proceed with the issuance of an Invitation to Bid (ITB) process immediately. SCOPE OF SERVICES 6th Street Restrooms: The scope of work for this section of the project consists of the demolition of the existing restrooms located in Lummus Park at 599 Ocean Drive and the construction of a new 1, 758 SF facility with a total of twenty-five (25) plumbing fixtures, concrete walkways, and landscaping. The total sitework area is approximately 14,000 SF. 53rd Street Restrooms & Ocean Rescue Building: The scope of work for this section of the project consists of the demolition of the existing restroom facility and Ocean Rescue office located at 53rd Street and Collins Avenue and the construction of a new 864 SF restroom facility with a total of twenty (20) plumbing fixtures and a separate 546 SF building facility for the Ocean Rescue Department, which includes two bathrooms with a total of six (6) plumbing fixtures. The scope of work also includes concrete walkways connecting the parking lot to the entrances of the buildings, as well as, to the beach, existing playground and outdoor fitness circuit, as well as landscape. The total sitework area is approximately 8,700 SF. Furthermore, since the Ocean Rescue Department currently occupies a room inside the existing facility, included in the scope of work is the provision of a temporary office trailer that will house the department during the construction period. ITB PROCESS ITB 176-2013TC was issued on May 15, 2013, with an opening date of June 14, 2013. The pre- bid conference was held on May 22, 2013. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. The Public Group and Bidnet issued bid notices to 59 and 214 prospective bidders respectively of which 23 and 9 accessed the advertised solicitation respectively. In addition, 152 vendors were notified via email, which resulted in the receipt of the following four (4) proposals: ABC Contruction, Inc. Carivon Construction Company Team Contracting, Inc. West Construction, Inc. 780 Commission Memorandum-ITB 176-2013TC-61h Street Restrooms, 53d Street Restrooms & Ocean Rescue Office July 17, 2013 Page 3 The following table provides the proposed total base bid prices of the four (4) responsive bids: ABC Contruction, Inc. West Construction, Inc. Team Contracting, Inc. Carivon Construction Company CITY MANAGER'S DUE DILIGENCE $1 '151 ,200.00 $1,312,092.32 $1,317,800.00 $1,422,263.00 Under a conventional design-bid-build procurement process, the contractor is incentivized to seek changes resulting in change orders and time delays, which is conducive to an adversarial relationship between all parties. In this scenario, the City assumes all of the risk for unforeseen conditions and errors and omissions. In the case of a CMR delivery method, all of these risks are transferred to the contractor, and the potential for change orders is minimized. Given the relatively small cost differential of $73,997 between the lowest bid ($1, 151 ,200) by ABC Construction, Inc., and the GMP ($1 ,225, 197) provided by Thornton, the CMR, it is recommended that the GMP Amendment No.1 to the Agreement with Thornton Construction Company, Inc. be approved. Refer to Attachment A for the March 13, 2013 Commission Memorandum, which provides an analysis supporting the construction cost of the project, and recommends approval of the GMP Amendment No.1 with Thornton Construction Company. CONCLUSION The Administration recommends to reject all bids received, pursuant to Invitation to Bid No. 176- 2013TC, for the construction of the 6th Street Restrooms, 53rd Street Restrooms, and Ocean Rescue Office; and approving a resolution of the Mayor and City Commission of the City of Miami Beach, Florida, to approve and authorize the Mayor and City Clerk to execute a GMP amendment to the pre-construction services agreement with Thornton Construction Company, Inc., for the construction of the 6th Street Restrooms in the amount of $614,322, plus an owner's project contingency of $30,716, for a total of $645,038; 53Ro Street Restrooms and Ocean Rescue Building in the amount of $586,171, plus an owner's contingency of $30,543, and the provision of a temporary office trailer for Ocean Rescue in the amount of $24,704, for a total of $641 ,418; for a GMP total of $1,225,197, with owner's contingency of $61,259, for a grand total of $1 ,286,456; with previously appropriated funding in the amount of $535,367 from SP Post RDA CDT and Municipal Resort Tax Fund 388, $109,671 from SB Quality of Life Resort Tax Fund 305, $641 ,418 from Capital Projects Not Financed By Bonds Fund 301. Attachments: Attachment A: March 13, 2013 Commission Memorandum JLM/MT/KGB/DM/AD T:\AGENDA\2013\July 17\Procurement\ITB 176-2013TC-61h and 53'd Street Restrooms-MEMO -7.9.13.docx 781 ATTACHMENT A <e MIAMI BEACH City of Miami Beach, J 700 Convention Center Drive, Miami Beach, Florida 33 J 39, www.miamibeachll.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: March 13, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT NO. 1, TO THE PRE-CONSTRUCTION SERVICES AGREEMENT WITH THORNTON CONSTRUCTION COMPANY, INC., FOR THE CONSTRUCTION OF THE 6TH STREET RESTROOMS IN THE AMOUNT OF $614,322; 53RD STREET RESTROOMS AND OCEAN RESCUE BUILDING IN THE AMOUNT OF $586,171; AND THE PROVISION OF A TEMPORARY OFFICE TRAILER FOR OCEAN RESCUE IN THE AMOUNT OF $24,704, FOR A SUBTOTAL PROJECT COST IN THE AMOUNT OF $1,225,197, PLUS AN OWNER'S PROJECT CONTINGENCY OF $110,268, FOR A GRAND TOTAL OF $1 ,335,465; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $568,439 FROM SP POST RDA COT AND MUNICIPAL RESORT TAX FUND 388, $101,172 FROM SB QUALITY OF LIFE RESORT TAX FUND 305, $665,854 FROM CAPITAL PROJECTS NOT FINANCED BY BONDS FUND 301. ADMINISTRATIVE RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure a quality, well constructed capital project; ensure well maintained facilities; ensure safety and appearance of building structures and sites; ensure quality and timely delivery of capital projects. FUNDING Funding in the total amount of $1,335,465, has been previously appropriated as follows: 5th Street Re BACKGROUND In November 2000, the Administration initiated an effort to replace the deteriorated facilities at various beachfront locations with new standardized facilities. Over the last few years, new restroom facilities have been constructed at 14th, 21 5\ 35th, 46th and 64th Streets. New restroom facilities are also currently being finalized at 72nd Street as part of the Oceanfront Community Center Project. The restroom facilities located at 61h and 53rd Streets, the last two remaining of this effort, are outdated, have extended their useful life, and not adequate to serve the large number of users. 368 782 Commission Memorandum -61h and S~cJ Street Restrooms I Ocean Rescue Facility· GMP March 13, 2013 Page 2 ofB The scope of work for both facilities is as follows: 61h Street Restrooms: The scope of work for this project consists of the demolition of the existing restrooms located at Lummus Park at 599 Ocean Drive, and the construction of a new 1,758 SF facility with a total of twenty-five (25) plumbing fixtures, concrete walkways, and landscape. The total sitework area is approximately 14,000SF. 53rd Street Restrooms & Ocean Rescue Building: The scope of work for this project consists of the demolition of the existing restroom facility and Ocean Rescue office, located at 53rd Street and Collins Avenue, and construction of a new 864 SF restroom facility with a total of twenty (20) plumbing fixtures, and a separate 546 SF building facility for Ocean Rescue Dept., which includes two bathrooms with a total of six (6) plumbing fixtures. The scope of work also includes concrete walkways connecting the parking lot to the entrances of the buildings, as well as to the beach, existing playground and outdoor fitness circuit, as well as landscape. The total sitework area is approximately 8,700SF. Furthermore, since Ocean Rescue Dept. currently occupies a room inside the existing facility, included in the scope of work is the provision of a temporary office trailer that will house the department during the construction period. COST ANALYSIS The construction cost for each facility, as submitted by Thornton, is broken down by individual buildings and sitework, and on a cost per SF basis as follows: t for 6th Street Location According RS Means Construction Data, the national construction cost/SF range for a standard commercial building is $125-$163/SF. The average cost/SF for Miami Beach is approximately $133/SF (refer to Attachment A). However, the bathroom component within a building is 369 783 Commission Memorandum -6th and 53'd Street Restrooms I Ocean Rescue Facility -GMP March 13, 2013 Page 3 ofB typically the most expensive component, due to the high concentration of building systems (mechanical/electrical/plumbing) in a small space. In the case of a restroom building, the higher cost per square foot of the restroom component is not offset by lower cost spaces (living/bedroom/office) as it would otherwise be in a residential/commercial space, therefore the average square footage is respectively higher. See below for a diagram showing the high concentration of plumbing fixtures at 6th Street Restrooms (25 total) versus a typical 3bed/2bath home (7 total): ~#']'~ 1»~£;\~~ \4 "'"' Furthermore, due to the lack of mass-production (economy of scale), the cost per SF for a restroom facility varies greatly depending on building square footage. As demonstrated in the graph below, the average cost/sf of various restroom facilities built since 2006 range between $268 and $385. The trend below illustrates that the higher the total square footage the lower the cost per square foot: SOD 450 400 LL. VI '-350 C1.J c. t;; 0 u 300 250 200 675 750 1,400 1,680 Facility Size (SF) 370 784 Commission Memorandum -6111 and 53'd Street Restrooms I Ocean Rescue Facility-GMP March 13, 2013 Page 4 ofB is Field Restroom Facility (Homestead, Fl.} The following table provides a breakdown of the incremental cosUsf for 53'd Street Restrooms, as an example, starting from an initial benchmark cost/sf of $134 for a standard commercial (refer to Attachment B for cost/sf comparison between a sample standard project in Doral, FL, provided by Atkins, and 53'd Street Restrooms). 1. Construction cost of a standard structure 1 2. Added cost for project specific items: a $17 b $68 $88 $173 (1) Includes General Conditions, Overhead & Profit, Bond & Insurance As clearly indicated above, the cost/sf associated with better finishes and the v-shaped & curved roofs are negligible when compared to the added cost/sf for the fact that these are mainly restroom facilities which have a high concentration of building systems. Shrubs/ground cover Mulch $2,016 371 785 Commission Memorandum -61 h and 53'd Street Restrooms I Ocean Rescue Facility· GMP March 13, 2013 Page 5 ofB $12,762 $12,762 equested by PWD during plan reviews; existing lines not adequate xisting service is not adequate to support the new electricallaads of new 4. This number represents the total cost for the hardscape component of the project. The ADA code requires a solid surface & accessible path to the entrances of the facilities, as well as to the adjacent sidewalks & walkways er Ch ter 11, Section 206 o the 2010 Florida 5. Includes erosion control, surveyor layout and asbuilt, permit fees, sidewalk /curb & gutter demolition 6. Includes Project staff (contractors superintendent, project manager and project coordinator), equip · ailable In order to obtain further assurance that the best value for this project had been negotiated, the City contracted Atkins of North America (Atkins) to perform an independent estimate of probable construction costs (included as Attachment C). Atkins' estimated construction cost for the 61h Street Restrooms was $625,523, and $605,569 for 53rd Street Restrooms & Ocean Rescue Office, for a total of $1 ,231,092 for both projects, which is approximately $30,600 higher than the Thornton's GMP (excluding the cost associated with the Ocean Rescue trailer and the owner's contingency). GUARANTEED MAXIMUM PRICE On July 13, 2011, the City Commission approved the issuance of an RFQ for a Construction Manager at Risk Firm to Provide Pre-Construction Services and Construction Phase Services via a Guaranteed Maximum Price (GMP) Amendment for the 6th Street and 53rd Street Restroom/Ocean Rescue Building Projects. RFQ No. 40-10/11 was issued on July 18th, 2011. 372 786 Commission Memorandum -61h and 53'd Street Restrooms I Ocean Rescue Facility -GMP March 13, 2013 Page 6 ofB On October 19th, 2011, the Mayor and City Commission adopted Resolution No. 2011-27762 accepting the recommendation of the City Manager, pursuant to Request For Qualifications (RFQ) No. 40-10/11, for a Construction Manager at Risk firm to provide pre-construction services and construction phase services via a Guaranteed Maximum Price (GMP) amendment for the 61h and 53rd Street Restrooms Project; and authorizing the administration to enter into negotiations with the top-ranked firm, Thornton Construction Company, Inc. (Thornton); and further authorizing the Mayor and City Clerk to execute an Agreement for Pre-Construction Services. The Agreement for Pre-Construction Services was executed on January 13th, 2012, in the amount of $23,000. As part of the Pre-Construction Services, Thornton evaluated the project documents for inconsistencies, errors & omissions between the various design disciplines, and constructability of the project, and revisions to the documents were made accordingly. On April 9, 2012, Thornton held a bid opening which was attended by representatives of the City and the Architect of Record-Corzo Castello Carballo Thompson Salman (C3TS). On April 28, 2012, Thornton submitted the first draft of the GMP proposal for review by the City and C3TS. Following negotiations, a total reduction of approximately $50,000 was negotiated in order to reach the final GMP in the amount of $1,225,196. It is important to note that Thornton obtained over ninety (90) competitive bids from local sub- contractors in order to reach the best possible GMP. The project cost breakdown per discipline for each of the projects are included as Attachments D & E. RECOMMENDATION: On January 16, 2013, the City Commission expressed concerns regarding the project cost and referred the item for further discussion to the Land Use and Development Committee. The Project was presented in great detail by the Project Team to the Committee on January 23, 2013, and although a formal recommendation was not made, the Committee expressed a comfort level with the methodology applied for the derivation of the numbers following the detailed presentations provided by the Architect (C3TS), Contractor (Thornton) and Cost Estimate Consultant (Atkins). The motion was made to refer the item to the full Commission without recommendation. The information presented to the Committee is included as Attachment F. The Administration is of the opinion that the final GMP is competitive, fair and a reasonable price for the construction of the 6th Street Restrooms and 53rd Street Restrooms & Ocean Rescue Facility Projects, and falls well within competitive prices of today's markets given the lack of economies of scale, site logistics and amenities added for better maintenance and durability. If desired, while not recommended due to maintenance requirements, the Commission may consider the following options in order to reduce the total cost of the project: 373 787 Commission Memorandum -61h and 53'd Street Restrooms I Ocean Rescue Facility-GMP March 13, 2013 Page 7 ofB N/A $3,745 Requires more maintenance, less durable In addition to the above, the Commission may consider the items listed below, which will require a new HPB approval, and presentation to the Board, as well as permit revisions: Footnotes: 1. In order to maintain the minimum level of accessible paths to the entrances of the facilities as well as to the adjacent existing walkways, as required by the Florida Accessibility Code, only approximately 15% of the total hardscape area can be eliminated at 53rd Street. At 6th Street, there are only walkways leading up to, and around the building. 2. Even though the elimination of the concrete plaza is a viable option, when taking into consideration the additional costs incurred for redesign, and additional time for due diligence to resubmit to HPB, the elimination of the plaza represents an insignificant impact to the overall project cost. It is important to note that these facilities serve prominent public beaches and recreation areas that are an integral part of the City's tourism attractions. Both are also located in highly prominent oceanfront historic districts. The 6th Street restroom is located in Lummus Park, in the City's pre-eminent Ocean Drive/Collins Avenue Historic District, and the 53rd Street facility is located in the most recently designated Morris Lapidus I Mid 20th Century Historic District. Consequently, the Historic Preservation Board requires a higher standard of design and finishes that are appropriate for these prominent oceanfront historic locations. The architect worked closely with the Planning Department staff and the Historic Preservation Board in order to reach an appropriate and acceptable tourism design standard that is also compatible with the character of the historic districts, while maintaining the functional standards of previously approved prototype designs for other beachfront restroom locations. The HPB Final Orders are included as Attachment G. Upon City Commission's approval of the GMP, and as contemplated in any GMP Amendment(s), Thornton will deliver all of the Construction Services required to complete the 374 788 Commission Memorandum -61h and 53'd Street Restrooms I Ocean Rescue Facility • GMP March 13, 2013 Page 8 of8 work in strict accordance with the Contract Documents, and has committed to deliver the Project to the City at or below the GMP and within the Contract time. The anticipated Project Schedule for the construction of the 61h and 53'd Street Restrooms Project is as follows: • Commission GMP Awarded: March 13, 2013 • Notice to Proceed Number One: May 2013 • Notice to Proceed Number Two: June 2013 • Construction Start: June 2013 • Construction Completion: December 2013 CONCLUSION The Administration recommends approval of the attached Resolution, authorizing the Mayor and City Clerk to execute a Guaranteed Maximum Price (GMP) Amendment No.1 to the Pre- Construction Services Agreement with Thornton Construction Company, Inc., for the construction of the 61h Street Restrooms in the amount of $614,322; 53'd Street Restrooms and Ocean Rescue Building in the amount of $586,171, plus an allowance for the provision of a temporary office trailer for Ocean Rescue in the amount of $24,704, for a sub-total of $1,225,197, plus an owner's contingency in the amount of $110,268, for a grand total of $1 ,335,465; with previously appropriated funding in the amount of $568,439 from SP Post RDA COT and Municipal Resort Tax Fund 388, $101,172 from SB Quality of Life Resort Tax Fund 305, and $665,854 from Capital Projects not Financed by Bonds Fund 301. KGB\JGG\FV\DM Attachments: A· Average construction costs per square foot (source: RS Means) adjusted for local factor B-CosUsf comparison of standard commercial building versus 53'd Street Restrooms I Standard commercial building example provided by Atkins of North America. C-Atkln$' lnd~p()ndant Cost Estimate Summary & Independent Cost Estimate Methodology D-61h Street Restrooms-Thornton's Project Breakdown E-531'4 Street Restrooms and Ocean Rescue Office ~Thornton's Project Breakdown F-Land Use and Development Committee presentation material G-HPB Final Orders H-61h Street Restrooms-Site Plan & Elevations 1-53rd Street Restrooms & Ocean Rescue Office -Site Plan & Elevations T:\AGENDA\2013\March 13\6th St Rest & 53rd Rest and OR office\6th and 53rd St Restrooms-Thornton-GMP Amendment 1 - MEMO -Rev9.docx 375 789 To: From: Date: I MEMORANDUM Ms. Thais Vieira, RA ~ Juan Alfonso, Associate Vice President February 27, 2013 ATfACHMENT A Atkins North America, Inc. 2001 Northwest 107th Avenue Miami, Florida 33172-2507 Telephone: +1.305.592.7275 www.atkinsglobal.com/northamerica Reference: Square foot cost analysis for a standard facility (Low Rise Office/Primary School Facility) in Miami Beach, Florida. Dear Thais: A reasonable range of square foot costs for a standard facility, categorized as an office space or primary educational space, could be between $125-$163/SF. Atkins' assessment is documented as follows: -Range of square foot costs based on RS Means Facilities Construction, national data (Publication year: 2012-27th Edition): o $125 • $163/SF (Refer to Attachment). o National Average Square Foot Cost of referenced facilities: $144/SF ~ Local factor analysis -City cost index based on RS Means Facilities Construction (Publication year: 2012-2ih Edition)-Miami, Florida index: o Materiallndex: o Installation Index: o Miami Fl. -Total city cost index: o Miami Beach Index (Coastal Construction factor-2-3%): 99.6% 76.7% 89.6% 92.6% • Square foot cost adjustment based on national average and adjusted index: Formula: Index for City x National Average Cost= Local Cost 100 therefore, 92.6% x $144/SF = $133.34/SF (stand. facility in Miami Beach Fl.) 100.00 I Thank you for the opportunity to provide the City of Miami Beach with our services Please do not hesitate to contact me with any questions or comments at (305) 514-3211. ** END OF MEMORANDUM ** 376 790 1456 791 1458 792 STANDARD COMMERCIAL BUILDING VERSUS 53Ro STREET RESTROOMS & OCEAN RESCUE FACILITIES Note: The "standard commercial building" used in this example is a 67,000 Charter School, built in Dora!, FL. Information provided by cost estimator consultant-Atkins of North America. 1. Demolition I Asbestos Abatement I Lead Removal: costs associated with these items are typically outside of the basic cost of construction included in the $125-$163 range for a house or simple commercial building. 2. Concrete I Masonry: These buildings have a high cost of concrete and concrete masonry unit (CMU) to area ratio. Due to the relative small size of these buildings, and the fact that the interior partitions are made of CMU as opposed to light gauge metal framing/drywall, the cost of CMU on a per square foot basis is much higher than it would otherwise be on a house or a commercial building, where the interior walls would be made of light gauge metal framing/drywall. Furthermore, both structures have a concrete roof, which is recommended for this type of facility in a coastal environment. The example provided above has a wood-framed roof. 3. Doors & Windows: High concentration of fenestrations per square foot area: 53rd Street has a total of 4 impact resistant exterior doors, 7 interior doors, 12 round ventilation louvers and 8 round windows (31 units total). The house depicted in the diagram on page 4 for example, has 2 exterior doors, 8 windows, and 11 interior doors (21 units total). 379 793 4. Finishes: High concentration of tile, which is not offset by living spaces (since it includes walls, whereas a house would include wall tiles only in the bathroom component). Higher durability I lifecycle factor of specified finishes. The high traffic, coastal environment, and the goal to reduce maintenance & replacement costs were taken into consideration when selecting the finishes for these projects. 5. Specialties: This section includes all restroom accessories such as hand dryers, toilet paper dispensers, soap dispensers, mirrors, grab bars, ADA shower seats, waste receptacles, changing tables, toilet partitions, fire extinguishers and signage. A house does not require all of these items, and a simple commercial building, due to the smaller size of the restroom component would require a much lower number of these items. Furthermore, the items currently specified are corrosion and vandal-resistant; the toilet partitions are scratch and graffiti resistant. 6. Mechanical/Plumbing: high plumbing fixture count to area ratio (high number of plumbing fixtures relative to the size of the building): plumbing is one of the major cost drivers of the project due to the high concentration of fixtures in a relatively small area. A 1 ,500SF house for example, might have 7 plumbing fixtures (1 per 214 SF) whereas 53rd Street Restrooms & Ocean Rescue facilities have a total of 26 plumbing fixtures in a total 1,41 OSF (1 per 88SF). The higher cost per square foot of the restroom component is not offset by standard, lower cost spaces (living/bedroom/office) as it would be when compared to a residential/standard commercial space. 7. Electrical: High concentration of fixtures and associated conduits/wiring per square foot of area. 53rd St has a total of 9 exterior wall sconces and 33 interior light fixtures (15 for Ocean Rescue building and 18 for restrooms building). Furthermore, the cost includes individual electrical panels for each of the buildings (3 total), exit signs, emergency ballasts, convenience outlets, and wiring for hand dryers. 8. Mark-ups: General Conditions: This includes costs associated with project personnel, office supplies, parking expenses, drawing reproductions, courier, construction trailer, etc. Since the majority of the cost is in project personnel (project manager f superintendent) the larger the project, the smaller the percentage of overall project cost. The stamdard commercial facility example provided is at 10% of overall project cost, however it is a much larger project-67,000SF. The total square footage of the facilities at 53rd Street is 1 ,41 0, and the percentage of overall project cost for General Conditions is 13%. Overhead & Profit I Bond & Insurance: Typically a percentage of overall project cost. In the standard facility example provided above the percentage is 8.5%, while for 53rd Street is at 9.1 %. 380 794 of Mia 53rd St. & Collins and 6th New Restroom Facilities & 100% Construction l .. 01 General Conditions 02 General Requirements 03 Demolition/Asbestos Abatement 03a Maintenaoce Of Traffic {MOT) 04 Sitework 05 Site Furnishings 06 Landscaping & Irrigation 07 Concrete (lncld. Masonry & Metals) 08 lightweight Insulated Concrete 09 Misc. Carpentry 10 Cabinetry 11 Roofing 12 W.P. & Caulking 13 Doors, Frames, Hardware 14 Storefron t/Giazing 15 Stucco/Skim Coat Plaster 16 Drywall 16a Wall Finishes (Tile, limestone Cladding, Misc.] 17 Acoustical Ceiling 18 Flooring (Stone/Tile) 19 Epoxy Flooring 2.0 Painting/WJC 2.1 Louvers 22 Specialties 23 Plumbing 24 HVAC 25 Electrical Subtotal Construction Costs Overhead & Profit Bonds & Insurance TOTAl. Construction Costs ' ,"'·,0,$ Drive mate ~ t ' ~ .,... ., "'., ~t 1 795 ATTACHtvlENT C ~> ,, ~, ·, ,i§-< s 66,896 $ 3,000 $ 11,060 $ 8,951 $ 56,549 $ 1,000 $ 22,148 $ 120,389 N/A $ 1,500 N/A $ 33,189 s 4,639 $ 16,038 $ 21,939 $ 17,733 N/A N/A N/A $ 31,406 $ 13,230 $ 13,644 $ 5,010 $ 2.2,390 $ 55,497 $ 8,300 $ 36,743 $ 511,253 6.5% $ 37,131 3% $ 17,138 $ 625,523 ·······~~~' "-.pe~-_.,..,..,.,.._' '$~~~~~~~~!'' See Deductive Alternates next cage 5 City of Miami ch & Collins and 6th St. & Ocean Drive New Restroom facilities 100% Construction Documents Estimate Summary~ Collins Ave. 01 02 03 03a 04 05 06 07 08 09 10 11 12 13 14 15 16 16a 17 18 19 zo 2.1 22 23 24 25 ~ .., ''""· ~ ,. 'l ~ General Conditions General Requirements Demolition/Asbestos Abatemer'lt Maintenance Of Traffic (MOT) Sitework Site Furnishings landscaping & Irrigation Concrete (lncld. Masonry & Metals) lightweight Insulated Concrete Misc. Carpentry Cabinetry Roofing W.P. & Caulking Doors, Frames, Hardware Storefro nt/G Ia zing Stucco/Skim Coat Plaster Drywall Wall Finishes (Tile, Misc.) Acoustical Ceiling Flooring (Stone/Tile) Epoxy Flooring Painting/VWC Louvers Specialties Plumbing HVAC Electrical Subtotal Construction Costs Overhead & Profit Bonds & Insurance TOTAL Construction Cost: ~ ''' '~"' ~ 796 5.5% 3% ., ' December 11, 2012 ··~ .l i 59,254 $ 3,500 $ 24,200 s 12,449 $ 85,739 N/A $ 16,300 $ 99,185 $ 3,428 $ 7,140 $ 3,200 $ 14,265 s 3,695 $ 18,560 $ 4,328 $ 17,531 $ 7,068 N/A $ 699 $ 19,282 $ 5,490 $ 2,619 $ 8,818 $ 26,775 $ 52.,586 $ 11,375 $ 45,546 $ 553,031 $ 35,947 $ 16,591 $ 605,559 :,::... : (~1'~)~~'j ~ ... '\i. '' ''"" '" .,_,..,.& "0 ' See O,:duct'''e Alternates next page s Sth Street and 53rd Street Restrooms -Independent Cost Estimate Methodology ; '~ (' r,"· ,./, ""~~,·· 1 . Meet with CoMB PM to discuss Project Scope 2. Review Plans and Specs 3. Perform Site visits 4. Issue RFI's to PM (based on plan reviews) ........ w 5. Perform detailed take-offs using On-Screen '/'*/# ,, (Q CIO ........ w Price Quantities using: 6. a. Cost Database (South Florida) b. Call Suppliers/Subs for pricing 7. Incorporate Mark-ups (CM at Risk) 8. QNQC 9. Issue Estimate/discuss with CoMB PM 10. Estimate Reconciliation ATT ACIIMENT -~'THORNTON Project Name: City of Miami Beach-6th Sl Restroom Date:March 13, 2013 PROJECT BREAKDOWN BUILDING TRADES 6TH ST GENERAL CONDITIONS $ 58,284 DEMOLITION I ASBESTOS ABATEMENT $ 11,515 CONCRETE $ 108,388 LIGHT WEIGHT INSULATED CONCRETE NIA MISC. CARPENTRY $ 6,237 CABINETRY NIA ROOFING $ 16,533 W.P. & CAULKING $ 1,200 DOORS, FRAMES, HOW. $ 10,575 STOREFRONT/GLAZING $ 13,280 STUCCO I SKIM COAT PLASTER $ 18,780 DRYWALL NIA ACOUSTICAL CEILING NIA FLOORING (STONE/TILE) $ 53,302 EPOXY FLOORING $ 15,066 PAINTINGNWC $ 7,086 LOUVERS $ 4,681 SPECIAL TIES $ 19,131 PLUMBING $ 41,000 HVAC $ 6,300 ELECTRICAL $ 38,402 BUILDING TRADES SUBTOTAL $ 429,760 G.C. FEE@ 7.0% $ 30,083 PAYMENT & PERFORMANCE BOND @ 1.5% $ 6,446 GENERAL LIABILITY INSURANCE 1.3% $ 5,372 GUARANTEE MAXIMUM PRICE BUILDINGS $ 471,es1 I SITEWORK TRADES 6THST GENERAL CONDITIONS $ 24,979 GENERAL REQUIREMENTS $ 15,035 SITEWORK $ 51,023 SITE FURNISHINGS $ 841 LANDSCAPING & IRRIGATION $ 35,587 ELECTRICAL s 2,522 SITE WORK TRADES SUBTOTAL $ 129,987 G.C. FEE@ 7.0% $ 9,099 PAYMENT & PERFORMANCE BOND@ 1.5% $ 1,950 GENERAL LIABILITY INSURANCE 1.3% $ 1,625 GUARANTEE MAXIMUM PRICE SITE WORK $ 142,661 I GUARANTEE MAXIMUM PRICE TOTAL $ 614,3221 OWNER ALLOWANCES 6TH ST OWNER'S CONTINGENCY OF APPROX, 9% $ 55,289 Page 1 of 1 798 ATTACHMENT E._ Project Name: C!ty of Miami ll!aaefl • SSrd Stroat R<~a!taoms Oat<~: March 13, Z\113 PROJli:Ci E!REAKI:tOWN ~ > "'' '' ''\;, SUII.OING TRADI!S SSRD STRR SSMSTOR S3RD ST GENERAL CONDmONS $ 34,272 $ 21,658 $ 55,930 DEMOLITION I ASBESTOS ABATEMENT $ 11,480 $ $ 11.480 CONCRETE $ 48,203 $ 30,462 $ 78,665 LIGHT WEIGHT INSULATED CONCRETE $ $ 4,900 $ 4,900 MISC. CARPENTRY $ 3,557 $ 4,793 $ 8,450 CABINETRY $ 1,235 $ $ 1,235 ROOFING $ 7,951 $ 7,051 $ 15,002 W.P. & CAULKING $ 858 $ 542 $ 1,400 DOORS, FRAMES, HOW, $ 4,500 $ 9,000 $ 13,500 STOREFRONT/GLAZING s $ 3,800 $ 3,800 STUCCO I SKIM COAT PLASTER $ 10,696 $ 8,753 $ 19,450 DRYWALL s $ 9,060 $ 9,060 ACOUSTICAL CEILING $ $ 620 $ 620 FLOORING (STONE!TilE) $ 14,933 $ 16,772 $ 31,705 EPOXY FLOORING $ 7,418 $ $ 7,418 PAINTINGNWC $ 3,203 $ 2,768 $ 5,971 LOUVERS $ 7,917 $ 188 $ 8,105 SPECIALTIES $ 16,016 $ 2,400 $ 18,416 PLUMBING $ 23,633 $ 1 t,817 $ 35,450 HVAC $ 7,843 s 4,957 $ 12,800 EL~CTRICAL $ 31,603 $ 19,972 $ 51,575 BUILDING TRADES SUBTOTAL $ 235,421 $ 15!1,511 $ 394,932 $272.48/SF $292,14/SF i2BO.Q9/SE G.C. FEE@ $ 16,940 $ 10,705 $ 27,645 PAYMENT & PERFORMANCE BOND@ $ 3,630 $ 2,294 $ 5,924 GENERAl LIABILITY INSURANCE $ 3,025 $ 1,912 $ 4,937 ~,,, '',''"' SITE WORK TRADES 53RD ST RR 5JRD OR 53RD ST GENERAL CONDITIONS $ 14,688 $ 9,282 $ 23,970 GENERAL REQUIREMENTS $c 9,213 $ 5,622 $ 15,035 SITEWORK $ 30,957 s 30,957 s 61,914 SITE FURNISHINGS $ 841 s $ 841 LANDSCAPING & IRRIGATION $ 7,769 $ 7,769 $ 15,538 ELECTRICAL $ 6,598 s 15,268 $ 21,867 SITE WORK TRADES SUBTOTAL $ 70,066 $ 69,098 $ 139,164 G.C. FEE@ $ 5,969 $ 3,772 $ 9,742 PAYMENT & PERFORMANCE BOND@ $ 1,279 $ 808 $ 2,087 GENERAL LIABILITY INSURANCE $ 1,066 $ 674 $ 1,740 GUARANTeE MAXIMUM PI\ICE siTE woRK $ 7$,331 1'4:3~ $ 1!la;rsal '' GI.IAAANTE\t MAlliMUM PRICE TOTAl. Al.lOWAM)£ES f!R!)$TRR !3RO$TSR i §3!3R!T AlLOWANCE FOR OCEAN RESCUe TAAIL!!:R $ . $ 24.104 24,'1'04 OWNER'S CONTINGENCY OF APPROX. 9% $ 33.689 $ 21,290 $ 54,979 799 00 0 0 (..) co en Sth Street and 53rd Street Restroom~ -Estjmating l;;;zGtors constcrerea: 1. CM at Risk Bidding Environment (Typically higher initial cost to 2* 3. 4 .. 5. 6. 7. 8. minimize risk) Significant Sitework Costs/Logistics Historic Preservation Board Design Elements Coastal Construction Control Line High Durability I Life Cycle Factor of public space vs. private space ···:~· ~ ~-.. · · High CMU to area ratio .,.~ High Fixture count to area ratio Restroom space Cost/SF ratio is higher when compared to a residential/commercial space because it is not offset by standard spaces {Living/Bedroom/Office). 9. Lack of mass-production (economy of ............... ~ ..... unit/commercial development 1T 00 0 w ~ 00 ....... 61h Street and Ocean Dr .. Independent Cost Estimate Analysis Atkins' Independent Cost Estimate: • Cost Estimate Direct Costs (Building): (Sitework/GC's): Mark-ups (OH&P, 8&1}: • TOTAL Cost Estimate (Rounded): Square Foot Analysis (Restroom Bldg.} $401,649 $169,604 $ 54,270 $625,523 • General Analysis (Building Direct Costs!GSF-1,759 S.F.): $228/SF • CSI Analysis (Cost Driving Factors): Electrical $21/SF • Significant amount fixtures and associated conduit and wiring tor fixtures, elect. serv, panels and FA -Mechanical/Plumbing • High fixture to SF ratio which is typical for public restroom projects/ Associated Piping Structural • Angled Concrete Roof Slab, high CMU to SF Due to RR interior partitions bei $36/SF 00 0 w 1'\) 00 00 53rtt Street and Collins Independent Cost Estimate Analysis Atkins' Independent Cost Estimate: • Cost Estimate Direct Costs (Buildings): (Sitework/GC's): Mark-ups (O&P, B&l): • TOTAL Cost Estimate: Square Foot Analysis (Restroom + Ocean Rescue Bldg's) $351,589 $201,442 $ 52,538 $605,569 • General Analysis (Building Direct Costs!GSF-1,389 S.F.): $253/SF • CSI Analysis (Cost Driving Factors): Electrical $33/SF • Significant amount fixtures and associated conduit and wiring for fixtures, elect. serv; panels and FA Mechanical/Plumbing $46/SF • High fixture to SF ratio which is typical for public restroom projects/Associated Piping, AC System Structural • Undulated Cone. Roof Slab, high CMU to SF ratio Due to RR interior partitions being f l I I j I ATTACHMENT 6 I:IIITI~IChiDN HISTORIC PRESERVATION BOARD City of Miami Beach, Florida 00 IS TOctm'f\liATTHEATTACiill DOCUM£NT 1$ A iltUURO AtelJAA'!l COPY OF liE OIIIGIIW. ON MEETING DATE: April12, 2011 FILE NO: PROPERTY: LEGAL: IN RE: 34-53-42 3-54-42 20.AC STRIP OF LAND LYING BEIWEEN OCEAN DRIVE & ATLANTIC OCEAN AKA LUMMUS PARK The Application for a Certificate of Appropriateness for the demolition of the existing restroom facilities and the construction of a new single story restroom facility. ORDER The applicant, the City of Miami Beach, filed an application with the City of Miami Beach Planning Department for a Certificate of Appropriateness. The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF FACT, based upon the evidence, information, testimony and materials presented at the public hearing and which are part of the record for this matter: A. The existing structure is not classified in the Miami Beach Historic Properties Database and the subject site is located within the Ocean Drive I Collins Avenue Local Historic District and National Register Architectural District. B. Based on the plans and documents submitted with the application, testimony and information provided by the applicant, and the reasons set forth in the Planning Department Staff Report, the project as submitted is consistent with the Certificate of Appropriateness Criteria in Section 118-564(a)(1) of the Miami Beach Code, is consistent with Certificate of Appropriateness Criteria in Section 118-564(a)(2) of the Miami Beach Code, is consistent with Certificate of Appropriateness Criteria in Section 118-564(a)(3) of the Miami Beach Code, and is not consistent with Certificate of Appropriateness for Demolition Criteria 'b-e' & 'h' in Section 118-564(f)(4) of the Miami Beach Code. C. The project would be consistent with the criteria and requirements of section 118-564 if the following conditions are met: . J .B~vLs.eq __ C?J~y_~*l9n~. ~i!~ ~L~n_.~,t15t ~_q<:JI plan_ ~!§l'!{in.9_~_~haJ.L !2_e_ sub11Jl!~e~J9_.~D.~U~PPJ:OV~9 -· by staff; at a minimum, such drawings shall incorporate the following: a. A high quality, smooth textured surface shall be required, subject to the re·view and approval of staff. 389 803 ~~"'--~~--~- Page 2 of 5 HPB File No. 7243 Meeting Date: April 12, 2011 b. The proposed mesh screening on th~ center portion of the east and west elevations shall be replaced with an alternate, high quality durable material, in a manner to be reviewed and approved by staff. c. The splayed roof overhang shall be increased by a minimum of 2'-0" along the north and south elevations in order to provide increased shelter/shade for the benches below, subject to the review and approval of staff. d. The roof overhang of the east elevation shall be extended an additional five feet for increased coverage of the restroom entrances, subject to the review and approval of staff. e. The chevron patterning proposed for the windows shall be eliminated; a simple frosted glazing shall be utilized, as indicated in the north and south elevations of the architectural drawings, in a manner to be reviewed and approved by staff. f. The final design and details of the proposed signage shall be provided, in a manner to be reviewed and approved by staff. g. The final design and details of the proposed interior and exterior finishes shall be provided, subject to the review and approval of staff. h. Any proposed roll down security housing and tracks shall be completely visually concealed from the building's exterior, in a manner to be reviewed and approved by staff, or shall otherwise not be permitted. i. Bicycle parking shall be provided on a revised site and floor plan, subject to the review and approval of staff. j. Manufacturers drawings and Dade County product approval numbers for all new windows, doors and glass shall be required. k. All roof-top fixtures, air-conditioning units and mechanical devices, shall be clearly noted on a revised roof plan and shall be screened from view, in a manner to be approved by staff. I. Prior to the issuance of a Certificate of Occupancy, the project Architect shall verify, in writing, that the subject project has been constructed in accordance with the plans approved by the Planning Department for Building Permit. 2. A revised landscape plan, prepared by a Professional Landscape Architect, registered in the State of Florida, and corresponding site plan, shall be submitted. The species type, quantity, dimensions, spacing, location and overall height of all plant material shall be s:tearly~9~~li11~~e_9_ a_ncj ~1,1_Qj~~1 tqJtl_e re~vie~ao_9_ap_p_rqy_ai_QL~taff,__ _At ~~m1!lLITI~IJl, _s_~c~ _ plan shall incorporate the following: 390 804 Page 3 of 5 HPB File No. 7243 Meeting Date: April12, 2011 a. A fully automatic irrigation system with 100% coverage and an automatic rain sensor in order to render the system inoperative in the event of rain. Right-of- way areas shall also be incorporated as part of the irrigation system. b. The utilization of root barriers and/or structural soil, as applicable, shall be clearly delineated on the revised landscape plan. c. The applicant shall verify, prior to the issuance of a Building Permit, the exact location of all backflow preventors and all other related devices and fixtures; such fixtures and devices shall not be permitted within any required yard or any area fronting a street or sidewalk. The location of backflow preventors, siamese pipes or other related devices and fixtures, if any, and how they are screened with, landscape material from the right-of-way, shall be clearly indicated on the site and landscape plans and shall be subject to the review and approval of staff. d. The applicant shall verify, prior to the issuance of a Building Permit, the exact location of all applicable FPL transformers or vault rooms; such transformers and vault rooms, and all other related devices and fixtures, shall not be permitted within any required yard or any area fronting a street or sidewalk. The location of any exterior transformers, and how they are screened with landscape material from the right-of-way, shall be clearly indicated on the site and landscape plans and shall be subject to the review and approval of staff. e. Prior to the issuance of a Certificate of Occupancy, the Landscape Architect for the project architect shall verify, In writing, that the project is consistent with the site and landscape plans approved by the Planning Department for Building Permit. 3. The final exterior surface color scheme, including color samples, shall be subject to the review and approval of staff and shall require a separate permit. 4. All new and altered elements, spaces and areas shall meet the requirements of the Florida Accessibility Code (FAC). 5. The Final Order ls not severable* and if any provisj,on or condition hereof is held void or unconstitutional in a final decision by a eourt of c9mpetent jurisdiction, the order shall be returned to the Board for reconsideration as to whether the order meets the criteria for approval absent the stricken provision or condition, and/or it is appropriate to modify the remaining conditions or impose new conditions. 6. The conditions of approval herein are binding on the applicant, the property's owners, operators, and all successors in interest and assigns. 7. Nothing tn this order authonzes a violatlon of the City Code or other applicable law, nor ~ ~ ~ ~"~~[t:J!YSJ~.r~!!~!!tl9t:~9f any_~9td!r~rn~f1l g,r ~an9§!Isl,!Lt<trtb In Jhe .9Jbl Cqt?!:...--~·~~,. ·-···~ IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information, testimony and materials presented at the public hearing, which are part of the record for this matter, and the staff report and analysis, which are adopted herein, including the staff 391 805 12, 2011 recommendations, which were amended by the Board, that the Certificate of Appropriateness is GRANTED for the above-referenced project subject to those certain conditions specified in paragraph C of the Findings of Fact (Condition Nos. 1-7, inclusive) hereof, to which the applicant has agreed. PROVIDED, the applicant shall build substantially in accordance with the plans approved by the Historic Preservation Board, as determined by staff, entitled "6th Street and Ocean Drive New Restroom Facilities", as prepared by C3TS Architects, Engineers, Planners, dated 2-25-11. When requesting a building permit, the plans submitted to the Building Department for permit shall consistent with the plans approved by the Soard, modified in accordance wlth conditions set forth in this Order. No building permit may be !$sued unless and until conditions of approval that must be satisfied prior to permit issuance, as set forth in this Order, have been met. The issuance of a Certificate of Appropriateness does not relieve the applicant from obtaining all other required Munlc!pal* County and/or State reviews and permlts, !ncludlng final zoning approvaL tf adequate handicapped access is not provlded on the Soard~approved plans1 this approval does not mean that such handicapped access is not required. When requesting a . building penmit, the plans submitted to the Building Department permit shaH be consistent with the plans by the Soard, modified in accordance wlth the conditions set forth in this Order. If the Full Building Permit for the project is not issued within eighteen (18) months of the m13etlng date at which the original Certificate of Appropriateness was granted, the Certlf!cate of Appropriateness will expire and become null and veld. tf the Full SuUdlnQ Permit for the project should expire for any reason (including but not limited to construction not commencing and continuing, with required inspections, in accordance with the applicable Building Code), Certificate of Appropriateness will and become null and void. In accordance With Section 118~561 of the City Code, the vlolatlon of any conditions arid safeguards that are a part of this Order shall be deemed a violation of the land development regulations of the Clty Code. Failure to comply with this Order shall subject the Certificate of Appropriateness to Section 118~584, City Code, for revoeath::m or modlflcatlon of ther Certificate of Appropria Dated this day of .~ BY: TH DESIGN AND PRESERVATION MANAGER FOR THE CHAIR 806 Page 5 of5 HPB File No. 7243 STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) The instrument was acknowledged before me this _j '1 day of -----20.Jj_ by Thomas R. Mooney, Design and Preservation Manager, Planning nt, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the corporation. He is personally known to me. NOTARY PUSLIC Miami-Dade County, Florlda l. 0 My commission expires: '3t'Z?l~£J,It/ Approved As To Form: Legal Department: ___ .,. ____ { ¥,.-tl'-'cJ.-011 ) Filed with the Clerk of the Historic Preservation Board on ~..:Y~...:;...:;......_-~.-__ F:\PLANI$HPB\11 HPS\AprHPB11\7243-APR2011.FO.docx 393 807 } HISTORIC PRESERVATION BOARD City of Miami Beach, Florida CERTIFICATION MEETING DATE: FILE NO: PROPERTY: LEGAL: IN RE: January 11, 2011 7225 THIS IS TO CERTIFY THAT THE ATTACHED DOCUMENI IS A TRUE AND ACCURATE COP" OF THE ORIGINAl ON FILE 114lHI! OFFlCE C! •t~• > .ANNING DEPARTMENT, I ...-;!)-\2.. 5301 Collins Avenue-53rd Street Restrooms MARIA ~IY COl.! MISSION# 00 928148 EX~: 011Mm!lllr2, 2613 Booow lhn: 81111!1@1 Nctary Swl:li5 Lots 23 thru 25, "Amended Plat of First Ocean Front Subdivision of the Miami Beach Bay Shore Company", According to the Plat Thereof, as recorded in Plat Book 9 at Page 178, of the Public Records of Miami-Dade County, Florida. The Application for a Certificate of Appropriateness for the demolition of the existing restroom facilities and the construction of two (2) new single story structures at the east end of the parking lot which will contain restroom and lifeguard facilities. ORDER The applicant, the City of Miami Beach, filed an application with the City of Miami Beach Planning Department for a Certificate of Appropriateness. The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF FACT, based upon the evidence, information, testimony and materials presented at the public hearing and which are part of the record for this matter: A. The subject structure is not classified in the Miami Beach Historic Properties Database. The subject property is located within the Morris Lapidus Mid-Century Modern Local Historic District B. Based on the plans and documents submitted with the application, testimony and information provided by the applicant, and the reasons set forth in the Planning Department Staff Report, the project as submitted is consistent with the Certificate of Appropriateness Criteria in Section 118-564(a)(1) of the Miami Beach Code, is not consistent with Certificate of Appropriateness Criteria 'b' & 'd-f' in Section 118-564(a)(2) of the Miami Beach Code, is not consistent with Certificate of Appropriateness Criteria 'b' in Section 118-564(a)(3) of the Miami Beach Code, and is not consistent with Certificate of Appropriateness for Demolition Criteria 'b-e' & 'h' in Section 118-564(f)(4) of the Miami Beach Code, C. The project would be consistent with the criteria and requirements of section 118-564 if the following conditions are met: 394 808 Page 2 of 4 HPB File No. 7225 Meeting Date: January 11, 2011 1. Revised elevation, site plan and floor plan drawings shall be submitted to and approved by staff; at a minimum, such drawings shall incorporate the following: a. The design of the proposed Ocean Rescue building shall be modified to include larger circular windows in the office areas, elimination of the louvers, elimination of the exterior tapered column, and reduction in the projection of the proposed eyebrow, in a manner to be reviewed and approved by staff. b. A high quality, smooth textured surface shall be required, in place of the proposed textured stucco finish, subject to the review and approval of staff. c. The final design and details of the proposed exterior tile, doors, and louvers shall be required, subject to the review and approval of staff. d. Any proposed roll down security housing and tracks shalf be completely visually concealed from the building's exterior, in a manner to be reviewed and approved by staff, or shall otherwise not be permitted. e. Bicycle parking shall be provided on a revised site and floor plan, subject to the review and approval of staff. f. Manufacturers drawings and Dade County product approval numbers for all new windows, doors and glass shall be required. g. All roof-top fixtures, air-conditioning units and mechanical devices, shall be clearly noted on a revised roof plan and shall be screened from view, in a manner to be approved by staff. h. Prior to the issuance of a Certificate of Occupancy, the project Architect shall verify, in writing, that the subject project has been constructed in accordance with the plans approved by the Planning Department for Building Permit. 2. A revised landscape plan, prepared by a Professional Landscape An::;hitect~ registered In the State of Florida, and corresponding site plan, shall be submitted. The species type, quantity, dimensions, spacing, location and overall height of all plant material shall be clearly delineated and subject to the review and approval of staff. At a minimum, such plan shall incorporate the following: a. A fully automatic irrigation system with 1 00% coverage and an automatic rain sensor in order to render the system inoperative in the event of rain. Right- of·way areas shall also be incorporated as part of the irrigation system. b. The utilization of root barriers and/or structural soil, as applicable, shall be clearly delineated on the revised landscape plan. c. The applicant shall verify, prior to the issuance of a Building Permit, the exact location of all backflow preventors and all other related devices and fixtures; such fixtures and devices shall not be permitted within any required yard or any area fronting a street or sidewalk. The location of backflow preventors, siamese pipes or other related devices and fixtures, if any, and how they are screened with landscape material from the right-of-way, shall be clearly 395 809 Page 3 of 4 HPB File No. 7225 Meeting Date: January 11, 2011 indicated on the site and landscape plans and shall be subject to the review and approval of staff. d. The applicant shall verify, prior to the issuance of a Building Permit, the exact location of all applicable FPL transformers or vault rooms; such transformers and vault rooms, and all other related devices and fixtures, shall not be permitted within any required yard or any area fronting a street or sidewalk. The location of any exterior transformers, and how they are screened with landscape material from the right-of-way, shall be clearly indicated on the site and landscape plans and shall be subject to the review and approval of staff. e. Prior to the issuance of a Certificate of Occupancy, the Landscape Architect for the project architect shall verify, in writing, that the project is consistent with the site and landscape plans approved by the Planning Department for Building Permit. 3. The final exterior surface color scheme, including color samples, shall be subject to the review and approval of staff and shall require a separate permit. 4. All new and altered elements, spaces and areas shall meet the requirements of the Florida Accessibility Code (FAC). 5. The Final Order is not severable. and if any provision or condition hereof is held void or unconstitutional in a final decision by a court of competent jurisdiction, the order shall be returned to the Board for reconsideration as to whether the order meets the criteria for approval absent the stricken provision or condition, and/or it is appropriate to modify the remaining conditions or impose new conditions. 6. The conditions of approval herein are binding on the applicant, the property's owners, operators, and all successors in interest and assigns. 7. Nothing in this order authorizes a violation of the City Code or other applicable law, nor allows a relaxation of any requirement or standard set forth in the City Code. IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information, testimony and materials presented at the pubtic hearing, which are part of the record for this matter, and the staff report and analysis, which are adopted herein, including the staff recommendations, which were amended by the Board, that the Certificate of Appropriateness is GRANTED for the above.referenced project subject to those certain conditions specified in paragraph C of the Findings of Fact (Condition Nos. 1-7, inclusive) hereof, to which the applicant has agreed. PROVIDED, the applicant shall build substantially in accordance with the plans approved by the Historic Preservation Board, as determined by staff, entitled "53rd Street Restroom Facility", as prepared by C3TS Architects, Engineers, Planners, dated 10-28-2010. When requesting a building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth in this Order. No building permit may be issued unless and until all conditions of approval that must be satisfied prior to permit issuance, as set forth in this Order, have been met. 396 810 Page 4 of 4 HPB File No. 7225 Meeting Date: January 11, 2011 The issuance of a Certificate of Appropriateness does not relieve the applicant from obtaining a!! other required Municipal, County and/or State reviews and permits, Including final zoning approval. If adequate handicapped access is not provided on the Board-approved plans, this approval does not mean that such handicapped access is not required, When requesting a building permit, the plans submitted to the Buildfng Department for permit shall be consistent with the plans approved by the Board, modified in a.ccordance with the conditions set forth in this Order. If the Full Building Permit for the project is not issued within eighteen (18) months of the meeting date at which the original Certificate of Appropriateness was granted, the Certificate of Appropriateness will expire and become null and void. If the Full Building Permit for the project should expire for any reason (including but not limited to construction not commencing and continuing, with required inspections, in accordance with the applicable Building Code), the Certificate of Appropriateness will expire and become null and void. In accordance with Section 118-561 of the City Code, the violation of any conditions and safeguards that are a part of this Order shall be deemed a violation of the land development regulations of the City Code. Failure to comply with this Order shall subject the Certificate of Appropriateness to Section 118-564, City Code, for revocation or modification of the Certificate of Appropriatenes~ ;~:P 0\l Dated this_;:_{ __ day of :J ft}JVfb&y , zolL STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) HISTORIC PRESERVATI THE CITY OF lAM! B I BY: THO NEY, AICP 1 DESIGN AND PRESERVATION MANAGER FOR THE CHAIR The foregoing instrument was acknowledged before me this J lf day of .._Tc..;zvc..,., 20Jf._ by Thomas R. Mooney, Design and Preservation Manager, Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the corporation. He is personally known to me. ~~~~ NOTARY PUBLIC Miami-Dade County, Florida . My commission expires: 1-2 ?'-;>. 0 /<( Approved As To Form: Legal Department: --+. :;.......;::o-.. __ ( /~I'-(--J.D II Filed with the Clerk of the Historic Preservation Board on I -!Cf' 1J-.Otr ;2c. F:\Pl.ANI$HPB\11 HPB\JanHPB1117225-JAN2011.fo.docx 397 811 00 ~ f\) I I ----------~-J 6 TU S T R E E T ---------------I I I Importing/Grading of New Soli -New Water/Sewer Connection -New Concrete Plaza r,.. ;;. ~ Q ~ k '-c "~....,.., -Pollution Prevention Plan -New Electrical Service / • res/Cost: SF -Concrete Roof dscaoin~/lrril!ation ~ -limestone cladding City of Miami Beach 6th Street Restroom Renovation $47 {$268/ -New Switch Gear -32 U11:ht Fixtures • JTHORNTCh :r: 399 813 00 ~ ~ ~ 0 0 r ~ r .. 0 l If I, Project Area: Site Cost: -Demolition of Existing Building -Asbestos Abatement -lead Removal -New Water/Sewer Connection -New Concrete Plaza ' ""• ;,_, ~,: *' • ~m ~· }~,.,.~::i;.""""'":"_:;,/ 'u-. ..-.. , -#• /C.: '¥~. 8,630 SF $152,733 -Pollution Prevention Plan -New Electrical Service -New Phone/Data -landscaping/Irrigation Bldg Features/Cost: -New Restroom Building: 864 SF -New lifeguard Station: 546 SF -Toilet Partitions -25 Plumbing Fixtures -2, 100 SF of Surface Tile -Concrete Roof City of Miami Beach 53rd Street Restroom Renovation $433,437 ($307 /SF) -NC Unit for Lifeguard Station -Exhaust Fans -Switch Gear -33 Light Fixtures -Fire Alarm ''THO~NT01 UJj "" r 401 815 RESOLUTION TO BE SUBMITTED 816 THIS PAGE INTENTIONALLY LEFT BLANK 817 R7-Resolutions R71 A Resolution Consenting To The Appointment of The Director Of The Parks And Recreation Department For The City Of Miami Beach. (Human Resources) (Memorandum to be Submitted in Supplemental) Agenda Item R l I. 818 Date '1 ... 11-13 THIS PAGE INTENTIONALLY LEFT BLANK 819 COMMISSION ITEM SUMMARY Condensed Title: Consenting to the appointment of Nannette Rodriguez as the Director of the Office of Communications for the City of Miami Beach, Gladys Gonzalez as the Director of the Department of Information Technology for the City of Miami Beach and Alex Denis as Director of the Office of Procurement for the City of Miami Beach. Ke Intended Outcome Su orted: Attract and maintain a quality workforce. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the Mayor and City Commission adopt the attached Resolutions consenting and confirming the appointment of Nannette Rodriguez as the Director of the Office of Communications for the City of Miami Beach, Gladys Gonzalez as the Director of the Department of Information Technology for the City of Miami Beach and Alex Denis as Director of the Office of Procurement for the City of Miami Beach.? Item Summary/Recommendation: As a result of revisions to the City's Functional/Reporting Chart, a number of functional areas that reported to Department Directors were realigned as separate Departments, reporting to an Assistant City Manager. These include: Communications; Information Technology; Procurement and Office of Real Estate, Housing and Community Development. Three of the four positions are encumbered and the incumbents recommended to be appointed as Department Directors. Pursuant to the requirements of Article IV, Section 4.02 of the City Charter, it is recommended that the Mayor and the City Commission adopt the attached resolutions consenting and confirming Nannette Rodriguez as the Director of the Office of Communications for the City of Miami Beach, Gladys Gonzalez as the Director of the Department of Information Technology for the City of Miami Beach and Alex Denis as Director of the Office of Procurement for the City of Miami Beach. Advisory Board Recommendation: IN/A 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 : Sylvia Crespo-Tabak-Director, Human Resources Department Director t City Manager T:\AGENDA\2013\July 17\Department Director Summary-Rodriguez, Gonzalez, Denis.docx RlT AGENDA ITEM --:-----:::-- DATE 7-/1-t!;, MIAMI BEACH 820 & MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M DATE: July17,2013 SUBJECT: A RESOLUTION OF THE MAYO AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, LORIDA, CONSENTING TO THE APPOINTMENTS OF NANNETTE RODRIGUEZ AS THE DIRECTOR OF THE OFFICE OF COMMUNICATIONS; GLADYS GONZALEZ AS THE DIRECTOR OF THE DEPARTMENT OF INFORMATION TECHNOLOGY; AND ALEX DENIS AS THE DIRECTOR OF THE OFFICE OF PROCUREMENT FOR THE CITY OF MIAMI BEACH. ADMINISTRATION RECOMMENDATION Pursuant to the requirements of Article IV, Section 4.02 of the City Charter, it is recommended that the Mayor and the City Commission adopt the attached resolution consenting and confirming Nannette Rodriguez as the Director of the Office of Communications; Gladys Gonzalez as the Director of the Department of Information Technology; and Alex Denis as the Director of the Office of Procurement for the City of Miami Beach. BACKGROUND At the very beginning of my tenure as Manager for the City of Miami Beach, I committed to work to continue to provide the highest levels of services to our residents, businesses and visitors. I subsequently evaluated the organization's leadership needs and on April 19, 2013, I provided the Mayor and City Commission with a revised Functional/Reporting Chart (Attached). As a result of the revisions I made, a number of functional areas that reported to Department Directors were realigned as separate Departments, reporting to an Assistant City Manager. These include: Communications; Procurement; Information Technology and Real Estate, Housing and Community Development. The Director position in the Office of Real Estate, Housing and Community Development is vacant. Article IV, Section 4.02 of the City Charter, requires that Department Directors be confirmed by the City Commission. The other three new Departments have incumbents: Office of Communications-Nannette Rodriguez Nannette is the public information officer for the City of Miami Beach, Florida. She has overseen the city's internal and external communications efforts since 1995. The office is responsible for media and public relations, publishing, graphic/visual design, video production, marketing and crisis communications. Her team has earned national and statewide recognition for its accomplishments. 821 City Commission Meeting Consenting of Department Directors July 17,2013 Page 2 of 3 Prior to joining the City of Miami Beach, Nannette was a senior publicist for WPBT/Channel 2 (public television) and coordinated award-winning local and national publicity and advertising campaigns for the station and its programming. Another noteworthy accomplishment was the co-creation of KidVision. The children's programming initiative has since been recognized and emulated nationally. Throughout her career she also held various other positions in public relations and marketing. Nannette serves as the immediate past-president of the Florida Government Communicators Association (FGCA) and is on the Board of Directors of City-County Communications and Marketing Association (3CMA). She is also a member of Public Relations Society of America, Miami Chapter, National Association of Hispanic Journalists, and Florida Association of Telecommunications Officers and Advisors (NATOA). She earned a Bachelor of Arts in Communications and Marketing from the University of Miami, Coral Gables, Florida. Department of Information Technology-Gladys Gonzalez Gladys began her tenure with the City in 1999 as the Technical Services Manager in the Information Technology Division. Between 1999-2004, she was responsible for directing and supervising operations within the Computers and Communication Department, and for an extensive network of interconnected processors located in various remote facilities. Her role required her to supervise advanced technical work in directing the design, development and implementation of new fiber optic networks and telecommunications infrastructure. In 2004, Ms. Gonzalez became the Director of the IT Division. Since then, she has demonstrated excellent leadership skills through her role in all aspects of strategic IT planning, implementation and citywide support as an integral component of the City's Strategic Plan. The IT Department has been transformed into a strategic business partner that provides tools to enhance the City of Miami Beach's ability to deliver world- class service to the City's residents and visitors by helping the City satisfy its customers' needs with creative solutions. Her responsibilities include establishing and maintain all information technology standards and policies; infrastructure enterprise application selection, development, implementation and support; consultation with departments; systems integration of applications for the enterprise; public safety systems and end- user desktop support. In addition, Ms. Gonzalez manages and delivers multiple large scale projects on time and within budget. She is responsible for budgeting, design, implementation and support of all enterprise technology projects. Office of Procurement -Alex Denis Alex joined the City as the Procurement Division Director in November 2012. He has extensive senior level procurement management experience in large-scale public sector agencies coupled with experience in operational management, business process efficiencies and supplier diversity initiatives. He has an extensive background in procurement management in both the public and private sectors, primarily in the public educational sector. The vast majority of statutes and administrative rules applicable to public procurement are the same or very similar in education as they are in municipalities. He has also held leadership roles, serving as chair and vice-chair, in the Southeast Florida Governmental Purchasing Cooperative, a procurement cooperative group that primarily serves city and county procurement departments. Alex has been tasked with holding staff to the highest ethical standards and leading with 822 City Commission Meeting Consenting of Department Directors July 17, 2013 Page 3 of 3 a strong focus on stewardship and accountability for the resources entrusted to public servants by our constituents and public officials. An indication of his expertise in this subject is the article he authored titled Stewardship and Accountability in Public Sector Contracting: a Bi-lateral Perspective (attached) which was published nationally in the Journal of Contract Management. CONCLUSION The appointments of Nannette Rodriguez as the Director of the Office of Communications; Gladys Gonzalez as the Director of the Department of Information Technology; and Alex Denis as the Director of the Office of Procurement for the City of Miami Beach will preserve continuity in the organization as our residents, businesses and visitors continue to receive the highest levels of services. Pursuant to the requirements of Article IV, Section 4.02, of the City Charter, it is recommended that the Mayor and City Commission adopt the resolution consenting and confirming of Nannette Rodriguez as the Director of the Office of Communications; Gladys Gonzalez as the Director of the Department of Information Technology; and Alex Denis as the Director of the Office of Procurement for the City of Miami Beach. F:\T_Drive\AGENDA\2013\July 17\Department Director Appointments Memo.docx 823 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO AND CONFIRMING THE APPOINTMENT OF NANNETTE RODRIGUEZ AS THE DIRECTOR OF THE OFFICE OF COMMUNICATIONS FOR THE CITY OF MIAMI BEACH. WHEREAS, the City Manager has appointed Nannette Rodriguez as the Director of the Office of Communications for the City of Miami Beach; and WHEREAS, pursuant to Section 4.02 of the City of Miami Beach Charter, the City Manager has power to appointment directors of the City departments with the consent of the Mayor and the City Commission; and WHEREAS, the Mayor and the City Commission wish to consent to and confirm the appointment of Nannette Rodriguez as the Director of the Office of Communications for the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, consent to and confirm the appointment of Nannette Rodriguez as the Director of the Office of Communications for the City of Miami Beach. PASSED and ADOPTED this __ day of ________ ,, 2013. MAYOR ATTEST: CITY CLERK c T:IAGENDA\2013\July 17\Department Director Reso-Nanette Rodriguez.docx 824 RESOLUTION NO.-----:- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO AND CONFIRMING THE APPOINTMENT OF GLADYS GONZALEZ AS THE DIRECTOR OF THE DEPARTMENT OF INFORMATION TECHNOLOGY FOR THE CITY OF MIAMI BEACH. WHEREAS, the City Manager has appointed Gladys Gonzalez as the Director of the Department of Information Technology for the City of Miami Beach; and WHEREAS, pursuant to Section 4.02 of the City of Miami Beach Charter, the City Manager has power to appointment directors of the City departments with the consent of the Mayor and the City Commission; and WHEREAS, the Mayor and the City Commission wish to consent to and confirm the appointment of Gladys Gonzalez as the Director of the Department of Information Technology for the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, consent to and confirm the appointment of Gladys Gonzalez as the Director of the Department of Information Technology for the City of Miami Beach. PASSED and ADOPTED this __ day of ________ ., 2013. ATTEST: CITY CLERK T:\AGENDA\2013\July 17\Department Director Reso-Giadys Gonzalez.docx 825 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO AND CONFIRMING THE APPOINTMENT OF ALEX DENIS AS THE DIRECTOR OF THE OFFICE OF PROCUREMENT FOR THE CITY OF MIAMI BEACH. WHEREAS, the City Manager has appointed Alex Denis as the Director of the Office of Procurement for the City of Miami Beach; and WHEREAS, pursuant to Section 4.02 of the City of Miami Beach Charter, the City Manager has power to appointment directors of the City departments with the consent of the Mayor and the City Commission; and WHEREAS, the Mayor and the City Commission wish to consent to and confirm the appointment of Alex Denis as the Director of the Office of Procurement for the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, consent to and confirm the appointment of Alex Denis as the Director of the Office of Procurement for the City of Miami Beach. PASSED and ADOPTED this __ day of--------' 2013. MAYOR ATTEST: CITY CLERK T:\AGENDA\2013\July 17\Department Director Reso-Aiex Denis.docx 826 THIS PAGE INTENTIONALLY LEFT BLANK 827 R7 -Resolutions R7K A Resolution Ratifying A Three (3) Year Labor Agreement Between The City Of Miami Beach And The Communications Workers Of America, Local 3178 (CWA), For The Period From October 1, 2012, Through September 30, 2015; And Authorizing The Mayor And City Clerk To Execute The Agreement. (Human Resources) (Memorandum to be Submitted in Supplemental) 828 Agenda Item Rl K Date 1-11 .. 13 THIS PAGE INTENTIONALLY LEFT BLANK 829 R7 -Resolutions R7L A Resolution Accepting The Following Recommendations Of The Neighborhood/ Community Affairs Committee: 1.) Approving The Proposal Of The Flamingo Park Neighborhood Association To Name The New Tennis Center At Flamingo Park, The "Flamingo Park Tennis Center;" 2.) In Release And Settlement Of Any Right(s) And/Or Claim(s) That Abel Holtz (Both Individually And/Or Acting By And On Behalf Of The Entire Holtz Family, And Their Respective Heirs, Successors, And Assigns) May Have With Respect To The Naming Of The New Tennis Center And Any Other Tennis Related Improvements At Flamingo Park (Past, Present, Or Future), Approving The Establishment Of A Monument, In The Form Of A Tennis Ball Sculpture (Which Design Was Initially Included In The Renderings For The Project), With A Dedicatory Plaque On The Base Of The Sculpture With Plaque Language To Be Mutually Agreed Upon Between The City And The Holtz Family; 3.) Further Deferring The Official Ribbon Cutting Ceremony For The New Tennis Center Until The Naming Is Finalized; And 4.) Accepting The Recommendation Of The City Attorney's Office And Authorizing The City Attorney To Prepare An Amendment To Section 82-503(c)(2) Of The City's Naming Ordinance To Clarify The City's Intent That If A Public Facility Is Being Named Or Re- Named To Include The Location Including, Without Limitation, The Park Or Street Number/Name, Where The Facility Is Situated, Then The Referendum Requirements For Naming The Exterior Of Public Facilities Shall Not Apply. (Parks & Recreation) (Memorandum to be Submitted in Supplemental) 830 Agenda Item R '7 L Date l-ll-13 THIS PAGE INTENTIONALLY LEFT BLANK 831 JOSE SMITH, CITY AnORNEY OFFICE OF THE CITY AnORNEY COMMISSION MEMORANDUM TO: CC: FROM: DATE: SUBJECT: Mayor Matti Herrera Bower Members of the City Commission Jimmy Morales, City Mana / Jose Smith, City AttornE?Y July 17, 2013 l Initiative Petition From "Let Miami Beach Decide". Pursuant to Charter Section 7.04, the City Clerk delivered to the City Commission an Initiative Petition from "Let Miami Beach Decide, "a political committee organized on April 4, 2013. The Petition proposes an amendment to Section 1.03(b) of the City Charter. Thereafter, on June 12, 2013, the City Clerk transmitted the Petition to the Miami-Dade County Elections Department to determine whether it was signed by at least ten (1 0) percent of the qualified electors in Miami Beach. The Elections Department on July 2, 2013, certified that the Petition contained 5,329 valid signatures, exceeding the required number. 1 I. Must the City Place the Proposed Charter Amendment on the Ballot? The City must place the proposed Charter Amendment on the ballot unless it is found to be unconstitutional "in its entirety and on its face", Dade County v. Dade County League of Municipalities, 104 So.2d 512 (Fia.1958); City of Ft. Pierce v. McCartv. 422 So.2d 1094 (Fla. 4th DCA 1982); Brooks v. Watchtower Bible & Tract Society of Florida. Inc., 706 So.2d 85, 90 (Fla. 4th DCA 1998). Having reviewed the relevant case law, I can conclude that the proposed Charter Amendment is constitutional and should therefore be placed on the ballot pursuant to the provisions of the County Charter. 2 1 Miami Dade County Charter Section 6.03 2 " ... Its [the affected municipality's] governing body shall, within 120 days after ... the certification of a petition of ten percent of the qualified electors of the municipality, draft ... a proposed Charter Amendment." /d. 832 Agenda Item JS7 M Date 1-JJ-t3 Memo re: Initiative Petition July 17, 2013 II. Does the Proposed Charter Amendment Apply to the Convention Center R.F.Q? New legislation is not usually retroactive unless there is a clear intent to make it so in the legislative history. State Farm Mutual Insurance v. Laforet. 658 So. 2d 55 (Fla. 1995); Arrow Air. Inc. v. Walsh. 645 So. 2d 422 (Fla. 1994). Considering the opposition to the Convention Center RFQ by Commissioner Jonah Wolfson, and the attendant publicity generated by his Political Committee "Let Miami Beach Decide", it is clear that the petition is intended to apply to the Convention Center RFQ. The critical question, however (the big elephant in the room), is whether it can legally be applied retroactively. The Florida Supreme Court answered the question when it held in State Farm Mutual Automobile Insurance Company v. La Foret, 658 So. 2d 55 (Fla. 1995) that: "Even when the Legislature does expressly state that a statute is to have retroactive application, this Court has refused to apply a statute retroactively if the statute impairs vested rights. creates new obligations or imposes new penalties. (emphasis supplied) See also McCord v. Smith, 43 So. 2d 704 (Fla. 1950). In recognition of this well settled law, the City specifically excluded pending "bids" from a 2004 Charter Amendment to the same section at issue here: Section 1.03(b). The approved amendment provided that: "The terms of this Charter section shall not apply to any valid written contractual commitments or bids or bonded indebtedness, which commitments, bids or indebtedness existed prior to January 14, 2004;" (See Resolution No. 2004-25464 calling for a March 9, 2004 special election to amend Charter Section 1.03 (b) by requiring voter approval before lease or disposal of Convention Center Parking Lots). Consistent with the existing Charter requirement, the City's RFQ 22-11/12 for the Convention Center project provided for a simple majority vote prior to the long term lease of adjacent properties: • RFQ 22-11/12 (at pg.13}: F. Referendum Proposers are hereby advised that any submitted proposals, which contemplate the use of any or all of the City-owned properties referenced in this RFQ will be subject to the requirements of Section 1. 03(b)(2) of the Miami Beach City Charter, which requires that any sale, exchange, conveyance or lease often (10) years or longer of such properties by the City shall also require approval by a majority vote of residents in a City- wide referendum. 2 j 833 Memo re: Initiative Petition July 17, 2013 In contrast, the proposed Charter amendment increases the voter approval threshold from "majority" to "60% and also includes additional property (i.e., "Convention Center Campus" within the category of City owned properties subject to voter consent: • INITIATIVE PETITION: 3. The sale, exchange, conveyance or lease of ten years or longer of the following properties shall require approval by vote of at least sixty (60) percent of the City's voters voting thereon in a City-wide referendum: (1) Convention Center Parking Lots: All City-owned surface parking lots located in the Civic and Convention Center District, generally bounded by Lincoln Lane on the South, Washington A venue on the East, Meridian A venue on the West and Dade Boulevard on the North; (2) Convention Center Campus: All City-owned property, except for the Convention Center and Carl Fisher Club House, located within the Civic and Convention Center District (includes City Hall, 1701 Meridian Street, 555 17th Street, 21st Street Community Center, The Fillmore Miami Beach/ Jackie Gleason Theater, and the 17th Street Parking Garage). All local laws, Charter provisions and ordinances of the City in conflict with this provision are hereby repealed. This provision shall become effective immediately upon acceptance of the certification of election results by the City Commission. Having received responsive proposals from bidders in 2012, relying on the existing 50% threshold in Charter Section 1.03 (b), it is unlikely that a court would now endorse a new, 60% threshold, particularly after Letters of Interest (L.O.I.) were received and a Development Agreement will soon be negotiated. It is a basic principle of procurement law that material criteria and specifications in an RFQ may not be changed, City of Sweetwater v. Solo Construction Corp., 823 So. 2d 798 (Fla. 3rd DCA 2002). In City of Miami Beach v. Klinger, 179 So. 2d 864 (Fla. 3rd DCA 1965), the City issued invitations for bids for a five year marine dockage concession in one of its piers. Although the City awarded the contract to the best bidder, it latter added a five year option to the contract, contrary to the bid specifications calling for only a five year term. Declaring the contract null and void, the court noted that the City lacked authority to change the bid terms and that the bid ultimately accepted differed materially and substantially from the invitation. If the City cannot change the RFQ terms, neither can the change be made by an initiative petition because the power of initiative is limited solely to matters that are within the realm of municipal authority. See, Barnes v. City of Miami, 47 So.2d 3, 4 (Fla. 1950); Gaines v. City of Orlando, 450 So.2d 1174,1181 (Fla. 51h DCA 1984): " ... it follows that if the City could not by ordinance or Charter Amendment command the OUC not to build the electrical plant under construction, or any other one, the voters acting through the initiative or referendum process cannot do so either." Thus, in my opinion, while there is no case directly on point, it is doubtful that the proposed Charter Amendment can be applied retroactively to the Convention Center RFQ 3 834 Memo re: Initiative Petition July 17, 2013 because it would impact vested rights and impose new duties and conditions on the proposers as well as upon the City. The concept of "vested rights" is similar to the principle of equitable estoppel often applied in zoning and land use cases As stated in Town of Large v. Imperial Homes Corporation, 309 So 2d 571 (Fla. 2nd DCA 1975): 'Stripped of the legal jargon which lawyers and judges have obfuscated it with, the theory of estoppel amounts to nothing more than an application of the rules of fair play. One party will not be permitted to invite another onto a welcome mat and then be permitted to snatch the mat away to the detriment of the party induced or permitted to stand thereon. A citizen is entitled to rely on the assurances and commitments of a zoning authority and if he does, the zoning authority is bound by its representations, whether they be in the form of words or deeds ... ' (emphasis supplied) See Sakolsky v. City of Coral Gables, 151 So. 2d 433 (Fla. 1963) (applying equitable estoppel even where permit holder was aware that permit status could change due to an upcoming election). City of Gainesville v. Bishop, 174 So. 2d 100 (Fla. 1st DCA 1964) applying equitable estoppel even where permit holder was on notice that the permit could be rescinded due to a recent election). Ill. Drafting the Ballot Questions. In drafting the ballot language, the City must comply with Florida Statute section 1 01.161 (1 ), providing that: " ... Whenever a constitutional amendment or other public measure is submitted to the vote of the people, a ballot summary of such amendment or other public measure shall be printed in clear and unambiguous language on the ballot ... " (emphasis supplied). The Statute requires the City to explain the chief purpose, meaning and ramifications of the proposed Charter Amendment so that voters are not confused or mislead. Where there are two seemingly inconsistent measures on the same ballot, case law requires the city to exercise extreme caution to avoid voter confusion. 3 For example, in Kobrin v. Leahv, 528 So.2d 392 (Fla. 3d DCA 1988), Miami-Dade County was held to be in violation of 101.161 by failing to explain the true meaning of a ballot question which provided that the County Commission would serve as the governing board of the Fire and Rescue Service District, but failed to disclose that upon approval the existing governing body of the Fire and Rescue District would be eliminated. By its failure to explain its effect upon the existing governing body, the ballot measure was found to be misleading and confusing to voters especially since a separate ballot measure provided for election of members to the existing governing board. 3 Indeed, in a June 5, 2013 Miami Herald article by Christina Veiga it was reported that: "It's unclear what would happen if both Wolfson's proposal and the already -required ballot question both end up on the same ballot ---and what would happen if one proposal passes but not another, or if both pass at the same time." 4 835 Memo re: Initiative Petition July 17, 2013 Other cases finding ballot language defective for failing to provide clear and unambiguous language are equally compelling as to the need to ensure that the electorate knows the meaning and ramifications of the ballot language: See, Wadhams v. Bd. of County Comm'rs. 567 So.2d 414 (Fia.1990) (holding voters were misled when not advised that the chief purpose of the omitted material was to curtail Charter Review Board's presently existing unrestricted right to meet); Askew v. Firestone. 421 So.2d 151 {Fia.1982) (holding voters were misled by a ballot proposal amending the state constitution to permit former elected officials to lobby during first two years after departure upon filing of financial disclosure, but making no mention the amendment would supersede presently existing complete two-year ban); and Armstrong v. Harris, 773 So. 2d 7 (Fla. 2000) {where measure's true effect is not stated, the measures "fly under false colors" and "hides the ball"). As in Kobrin, if the ballot question does not state precisely whether or not it affects the pending RFQ a Court is likely to void it as "fatally defective." The ballot question must be drafted so that it does not hide the true meaning of the Charter Amendment. The way to accomplish this is to state whether it applies to the Convention Center transaction. IV. Resolving Doubt by Seeking Declaratory Relief For the City to comply with its duty to provide clear and unambiguous language when drafting the ballot question it must draft language informing the voters of its impact (if any) on the pending Convention Center transaction 4 . This requires an initial determination of whether the proposed Charter amendment unlawfully intrudes upon the bid proposers vested rights or imposes new duties or obligations upon the City and/or the proposers. Although there are valid legal grounds suggesting that the Charter Amendment should not apply to the Convention Center transaction, in the absence of a Court order addressing this issue, the City remains in doubt. In turn, it also casts doubt on the City's ability to ensure compliance with its statutory duty to inform the voters of the measure's impact. Accordingly, I recommend the following: A. The City Commission should authorize me to file an action for Declaratory Relief 4 Suggested ballot question to read: AMENDING CHARTER SECTION 1.03(b) RE: VOTER APPROVAL OF CERTAIN CITY-OWNED PROPERTY Shall Charter section 1.03(b) requiring majority voter approval before City's sale, lease exceeding ten years, exchange or conveyance of Convention Center parking lots be changed to require 60% voter approval instead, and to include "Convention Center Campus" (all City-owned property within Civic and Convention Center District except Convention Center and Carl Fisher Clubhouse) within category of City-owned properties subject to 60% voter approval requirement? (This Charter change ------'' to "Convention Center" question below.) applicable inapplicable 5 836 Memo re: Initiative Petition July 17, 2013 pursuant to Florida Statute section 86.021 5 , seeking a Court Order determining the City's compliance with Florida Statute section 1 01.161 concerning the proposed Charter Amendment's doubtful applicability to the Convention Center transaction. Specifically, the ultimate issue for the Court is whether the proposed Charter amendment unlawfully intrudes upon the proposers vested rights or imposes new duties or obligations upon the City and/or the proposers. B. If the City Commission agrees with my recommendation, the Declaratory action should be filed before the November 5, 2013 election. See, West Palm Beach Ass'n of Firefighters, Local Union 727 v. Board of City Com'rs of City of West Palm Beach, 448 So.2d 1212 {Fla. 4 DCA 1984), in which the Court held that the "preferred procedure" for determining these issues is for the City to file an action for declaratory relief prior to the election. The Court reasoned that doing so would "preclude or forestall the possible expenditure of funds in a useless act" if the election is later set aside. See also Dade County v. Dade County League of Municipalities 104 So 2d 512 (Fla. 1958); City of Ft. Pierce v. McCarty, 422 So 2d 1094 (Fla. 4th DCA 1982). C. All affected parties " ... who have or claim any interest which would be affected by the declaration ... " shall be designated as parties to the Declaratory action (Fla. Stat. sec. 86.091 ), with the ability to present and argue their respective positions. D. Included within the Complaint for Declaratory Relief should be a request for expedited Court resolution, in light of the related time deadline for placement of the Charter Amendment on the November 5, 2013 ballot6 : " ... The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar ... " (Fla. Stat. sec. 86.111) V. Conclusion The Convention Center RFQ process leading to the City Commission's vote to award a bid on July 17, 2013 is one of the most significant decisions the City will ever make. Whatever action is taken will affect the City's residents, business owners and visitors for generations to come. In this memorandum, I have attempted, to the best of my ability, to examine all legal issues fairly and objectively, without regard to politics, parties or my own personal views on what is in the best interest of the City. It represents solely my legal opinion. Some may 5 "Any person claiming to be interested or who may be in doubt about his or her rights under a deed, will, contract, or other article, memorandum, or instrument in writing or whose rights, status, or other equitable or legal relations are affected by a statute, or any regulation made under statutory authority, or by municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing mav have determined any question of construction or validity arising under such statute, regulation, municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing, or any part thereof. and obtain a declaration of rights, status, or other eguitable or legal relations thereunder." (Emphasis added.) Fla. Stat. sec. 86.021. 6 The City's Resolution placing said Charter Amendment on the November 5, 2013 ballot must be adopted by September 6, 2013 (date subject to City Clerk's confirmation with County Elections Department). 6 837 Memo re: Initiative Petition July 17, 2013 disagree with it, particularly those who went through the trouble and expense of signing the Initiative Petition. Their voices should be respected. Therefore, I recommend authorization to file a Declaratory Action under Florida Statute 86.021 to resolve and formally adjudicate all legal issues addressed in this Memorandum. In the event the Commission decides not to file suit at this time, and instead place the Charter Amendment on the City's November 5, 2013 ballot, I have placed a Resolution calling for such election on today's agenda, which Resolution may be adopted at today's meeting. JS/JO/mmd F:\ATTO\SMIJ\COMMISSION MEMOS\Let Miami Beach Decide July 10 2013.docx 7 838 JOSE SMITH, CITY ATIORNEY OFFICE OF THE CITY ATIORNEY COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower Members of the City Commission CC: FROM: DATE: July17,2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY CHARTER SECTION 1.03(b) REQUIRING MAJORITY VOTER APPROVAL BEFORE THE CITY'S SALE, LEASE EXCEEDING TEN YEARS, EXCHANGE OR CONVEYANCE OF CONVENTION CENTER PARKING LOTS SHOULD BE CHANGED TO REQUIRE 60% VOTER APPROVAL INSTEAD, AND TO INCLUDE "CONVENTION CENTER CAMPUS" (ALL CITY-OWNED PROPERTY WITHIN CIVIC AND CONVENTION CENTER DISTRICT EXCEPT CONVENTION CENTER AND CARL FISHER CLUBHOUSE) WITHIN THE CATEGORY OF CITY- OWNED PROPERTIES SUBJECT TO 60% VOTER APPROVAL REQUIREMENT, AND CLARIFYING THAT THIS CHARTER CHANGE IS INAPPLICABLE TO THE "CONVENTION CENTER" BALLOT QUESTION (TO BE PRESENTED SIMULTANEOUSLY ON THE NOVEMBER 5, 2013 BALLOT). Along with today's agenda items concerning the City Commission's discussion of Miami- Dade County's Certification of the Initiative Petition, sponsored by "Let Miami Beach Decide", and my Commission Memorandum relating to it, the attached Resolution has been prepared if the Commission decides to schedule an election at this time. The Resolution calls for a City of Miami Beach Special Election to be held on November 5, 2013 for purposes of presenting a ballot measure to the electorate regarding the proposed amendment to City Charter section 1.03, whereby: • The requirement to obtain majority voter approval before the City's sale, lease exceeding ten years, exchange or conveyance of Convention Center parking lots shall be changed to require 60% voter approval instead; • The category of City-owned properties subject to this 60% voter approval requirement shall be increased to include the "Convention Center Campus" 839 (defined in the Initiative Petition as: all City-owned property within Civic and Convention Center District except Convention Center and Carl Fisher Clubhouse); and • In compliance with Florida Statute 101.161 (1 ), voter confusion shall be avoided by clarifying that this Charter change is inapplicable to the "Convention Center" ballot question (said question to be presented simultaneously on the City's November 5, 2013 ballot). F:\ATTO\SMIJ\COMMISSION MEMOS\Eiection Memorandum July 2013.docx 840 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY CHARTER SECTION 1.03(b) REQUIRING MAJORITY VOTER APPROVAL BEFORE THE CITY'S SALE, LEASE EXCEEDING TEN YEARS, EXCHANGE OR CONVEYANCE OF CONVENTION CENTER PARKING LOTS SHOULD BE CHANGED TO REQUIRE 60% VOTER APPROVAL INSTEAD, AND TO INCLUDE "CONVENTION CENTER CAMPUS" (ALL CITY-OWNED PROPERTY WITHIN CIVIC AND CONVENTION CENTER DISTRICT EXCEPT CONVENTION CENTER AND CARL FISHER CLUBHOUSE) WITHIN THE CATEGORY OF CITY-OWNED PROPERTIES SUBJECT TO 60% VOTER APPROVAL REQUIREMENT, AND CLARIFYING THAT THIS CHARTER CHANGE IS INAPPLICABLE TO THE "CONVENTION CENTER" BALLOT QUESTION (TO BE PRESENTED SIMULTANEOUSLY ON THE NOVEMBER 5, 2013 BALLOT). NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00a.m. to 7:00p.m. on Tuesday, November 5, 2013, for the purpose of submitting to the electorate the question as set forth hereinbelow. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the official registration books show that the said electors reside. SECTION 4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of 841 Miami-Dade County. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87 1h Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of §50.031 and §1 00.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00A.M. UNTIL 7:00P.M. ON THE 5th 1h DAY OF NOVEMBER 2013, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING BALLOT QUESTION: AMENDING CHARTER SECTION 1.03(b) RE: VOTER APPROVAL OF CERTAIN CITY-OWNED PROPERTY SHALL CHARTER SECTION 1.03(b) REQUIRING MAJORITY VOTER APPROVAL BEFORE CITY'S SALE, LEASE EXCEEDING TEN YEARS, EXCHANGE OR CONVEYANCE OF CONVENTION CENTER PARKING LOTS BE CHANGED TO REQUIRE 60% VOTER APPROVAL INSTEAD, AND TO INCLUDE "CONVENTION CENTER CAMPUS" (ALL CITY-OWNED PROPERTY WITHIN CIVIC AND CONVENTION CENTER DISTRICT EXCEPT CONVENTION CENTER AND CARL FISHER CLUBHOUSE) WITHIN CATEGORY OF CITY-OWNED PROPERTIES SUBJECT TO 60% VOTER APPROVAL REQUIREMENT? (THIS CHARTER CHANGE INAPPLICABLE TO "CONVENTION CENTER" QUESTION BELOW.) _____ YES _____ NO 2 842 SECTION 7. That the official ballot to be used in the Special Election to be held on November 5, 2013, hereby called, shall be in substantially the following form, to-wit: OFFICIAL BALLOT AMENDING CHARTER SECTION 1.03(b) RE: VOTER APPROVAL OF CERTAIN CITY-OWNED PROPERTY SHALL CHARTER SECTION 1.03(b) REQUIRING MAJORITY VOTER APPROVAL BEFORE CITY'S SALE, LEASE EXCEEDING TEN YEARS, EXCHANGE OR CONVEYANCE OF CONVENTION CENTER PARKING LOTS BE CHANGED TO REQUIRE 60% VOTER APPROVAL INSTEAD, AND TO INCLUDE "CONVENTION CENTER CAMPUS" (ALL CITY-OWNED PROPERTY WITHIN CIVIC AND CONVENTION CENTER DISTRICT EXCEPT CONVENTION CENTER AND CARL FISHER CLUBHOUSE) WITHIN CATEGORY OF CITY-OWNED PROPERTIES SUBJECT TO 60% VOTER APPROVAL REQUIREMENT? (THIS CHARTER CHANGE INAPPLICABLE TO "CONVENTION CENTER" QUESTION BELOW.) _____ YES _____ NO SECTION 8. That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee voting. SECTION 9. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 10. If any section, sentence, clause or phrase of the proposed ballot measure is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said ballot measure. SECTION 11. This Resolution shall be effective upon its passage. PASSED and ADOPTED this ____ day of ___________ ,, 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK MATTI HERRERA BOWER, MAYOR APPROVED AS TO FORM & LANGUAGE & FO EXECUTION 1 L~l) II~ PROPOSED BALLOT TITLE AND BALLOT SUMMARY AND CHARTER TEXT: NOVEMBER 5, 2013 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: AMENDING CHARTER SECTION 1.03(b) RE: VOTER APPROVAL OF CERTAIN CITY-OWNED PROPERTY SHALL CHARTER SECTION 1.03(b) REQUIRING MAJORITY VOTER APPROVAL BEFORE CITY'S SALE, LEASE EXCEEDING TEN YEARS, EXCHANGE OR CONVEYANCE OF CONVENTION CENTER PARKING LOTS BE CHANGED TO REQUIRE 60% VOTER APPROVAL INSTEAD, AND TO INCLUDE "CONVENTION CENTER CAMPUS" (ALL CITY-OWNED PROPERTY WITHIN CIVIC AND CONVENTION CENTER DISTRICT EXCEPT CONVENTION CENTER AND CARL FISHER CLUBHOUSE) WITHIN CATEGORY OF CITY-OWNED PROPERTIES SUBJECT TO 60% VOTER APPROVAL REQUIREMENT? (THIS CHARTER CHANGE INAPPLICABLE TO "CONVENTION CENTER" QUESTION BELOW.) _____ YES _____ NO I. PROPOSED CHARTER TEXT: Sec. 1.03. -Powers of city. (b) Alienabili(y of property. 2. The sale, exchange, conveyance or lease often years or longer oflhe following properties shall also require approval by a majority vote ofthe voters in a City-wide referendum: (1) Lots West of the North Shore Open Space Park: All City-owned properiy bounded by 87th Street on the North, Collins Avenue on the East, 79'h Street on the South, and Collins Court on the West; (2) Cultural Campus: All City-owned property bounded by Street on the North, Park Avenue on the West, 21 ''Street on the South, and Miami Beach Drive on the East; (3) 72nd Street Parking Lot: 'T"he City- owned surface lot bounded 73cd Street on the North, Collins Avenue on the East, 72"" Street on the South, and on the West; biHt)ill&ta11·tKWHM-8mltlt,~;hi11j;;Km~A¥wnill~OO~~!,Meflliia!h!Wefltle-B!HmH\lesl4»lli~~~e¥ilfik!rHhe·~trtl<; and ( &:!) Lincoln Parking Lots: All City-owned surface parking lots in the vicinity of Lincoln Road located within the area bounded by 17'h Street on the North, Euclid Avenue on the East, 1611 Street on the South, and West Avenue on the West. Remaining subsections to be renumbered. 4 844 THIS PAGE INTENTIONALLY LEFT BLANK 845 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov OFFICE OF THE CITY CLERK, Rafael Granado, City Clerk Tel: (305) 673-7 41 1, Fax: (305) 673-7254 Email CityCierk@miomibeach.gov COMMISSION MEMORANDUM To: Mayor Matti Herrera Bower and Me From: Jimmy L. Morales, City Manager Date: July 17, 2013 Subject: BOARD AND COMMITTEES ADMINISTRATION RECOMMENDATION: That appointments be made as indicated. ANALYSIS: Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments. VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE Affordable Housing Advisory Committee Bicycle-Pedestrian Facilities Advisory Committee Community Development Advisory Committee Debarment Committee 11 7 14 7 City Commission 3 Page 2 Commissioner Deede Weithorn 1 Page 6 Commissioner Ed Tobin Commissioner Jonah M. Wolfson 1 Commissioner Jorge Exposito Commissioner Jerry Libbin Page 15 Commissioner Jorge Exposito Page 20 Mayor Matti Herrera Bower 1 We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic communitv. 1\ Agenda Item R q tt Date -~..,..;--...,:l),---:-::1 3>.- 847 VACANCIES BOARD OR COMMITTEE: Design Review Board Disability Access Committee Gay, Lesbian, Bisexual and Transgender (GLBT) Golf Advisory Committee Health Advisory Committee Miami Beach Commission For Women Miami Beach Cultural Arts Council Parks and Recreational Facilities Board Personnel Board TOTAL MBRS. 7 14 15 12 11 21 11 10 10 Police Citizens Relations Committee 17 Production Industry Council 7 APPOINTED BY: TOTAL VAC PAGE City Commission Commissioner Jonah M. Wolfson Commissioner Jonah M. Wolfson Commissioner Michael G6ngora City Commission Commissioner Deede Weithorn Commissioner Ed Tobin City Commission Commissioner Jerry Libbin City Commission Commissioner Michael G6ngora Mayor Matti Herrera Bower 848 1 Page 21 1 Page 23 1 Page 26 1 Page 27 1 Page 28 1 Page 37 1 Page 38 1 Page 44 3 Page 45 1 Page 48 Page 50 VACANCIES BOARD OR COMMITTEE: TOTALMBRS. APPOINTED BY: TOTAL VAC PAGE Safety Committee 14 Commissioner Jorge Exposito 1 Page 51 Mayor Matti Herrera Bower 1 Single Family Residential Review 3 Jimmy Morales, City Manager 3 Page 52 Panel Waterfront Protection Committee 10 Commissioner Deede Weithorn 1 Page 59 Attached is breakdown by Commissioner or City Commission: JLM:R 849 and Committees Members 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 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Aaron Perry 1/1/2014 Commissioner Jerry Libbin Alex Fernandez 1/1/2014 Commissioner Deede Weithorn Jacqueline Lalonde 1/1/2014 Commissioner Michael Gongora Richard Pre ira 1/1/2014 Commissioner Jonah M. Wolfson Richard (Rick) Kendle 1/1/2014 Commissioner Ed Tobin Scott Diffenderfer 1/1/2014 Commissioner Jorge Exposito Stephen Zack 1/1/2014 Mayor Matti Herrera Bower Friday, June 28, 2013 Page 1 850 Board and Committees Current Members Affordable Housing Advisory Committee Sec. 2-167 Composition: The committee shall consist of eleven (11) voting members with two (2) year terms appointed at large by a majority vote of the Mayor and City Commission: One citizen: 1) actively engaged in the residential home building industry in connection with affordable housing; 2) actively engaged in the banking or mortgage banking industry in connection with affordable housing; 3) two at-large who have resided in one of the city's historic districts for at least one year, and have demonstrated interest and knowledge in urban design and the preservation of historic buildings. 4) actively engaged as a for-profit provider of affordable housing; 5) actively engaged as a not-for-profit provider of affordable housing (Housing Authority member); 6) actively engaged as a real estate professional in connection with affordable housing; 8) actively serving on the local planning agency pursuant to Florida Statute§ 163.3174 (Planning Board member); 9) who resides within the jurisdiction of the local governing body making the appointments; 10) who represents employers within the jurisdiction; 11) who represents essential services personnel as defined in the local housing assistance plan. Members of the Loan Review Committee, members of the Community Development Advisory Committee (CDAC), Planning Board and Miami Beach Housing Authority may be appointed to fill any of the eleven (11) categories and serve as ex-officio voting members on this committee. If due to conflict of interest by prospective appointees, or other reasonable factor, the City is unable to appoint a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without regard to affordable housing may be appointed. City Clerk's Note: Please see the "Agenda-Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http:/ /miamibeachfl.gov/cityclerkjscroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the 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 Stephanie Berman To replace Robert (1) Res. Home Bldg. Sal and To replace Jeremy (4) Low-Income Adv Glazer Members: Name Last Name Position/Title Amy Perry (11) Rep. Essential Serv. Friday, June 28, 2013 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2013 City Commission Term Ends: Appointed by: Term Limit: 12/31/17 12/31/2013 City Commission Page 2 of60 851 Arian Adorno Charles Urstadt David Smith Guy Simani Juan Rojas Mark Wohl Muayad Abbas Applicants Andrew Fischer Britta Hanson Gotlinsky Barbara Karen Fryd Prakash Kumar Stephen Zack Friday, June 28, 2013 (9) Res. Juris Local Govt (8) Local Plann. Bd. (3) Rep. Labor Home Bid. (1 0) Rep. Em pl. With/Juris. (2) Banking/Mortgage (7) Real Estate Prof. (5) For Profit Position/Title 12/31/2013 City Commission 12/31/2014 City Commission i 2/31/2014 City Commission 12/31/2013 City Commission 12131/2014 City Commission 12/31/2013 City Commission 12/31/2014 City Commission Applicants Position/Title ............................ Barbara Gotlinsky Dr. Barry Ragone Julio Lora Marie Towers Ryan Homan 852 Page 3 of60 12/31/17 12/31/17 12/31/14 12/31/17 12131/16 12131/17 12/31/17 Board and Committees Current Members 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 Name Last Name James Lloyd Janda Wetherington Lisa Austin Lisette Olemberg- Goldstein Megan Riley Patricia Fuller Susan Caraballo Applicants Adrian Gonzalez Annette Fromm Christina LaBuzetta Claire Warren Dale Stine Elizabeth Schwartz Francis Trullenque Kathleen Kowall Lisa Austin Mark Alhadeff Michelle Ricci Nicole Doswell Silvia Ros Zoila Datorre Friday, J11ne Position/Title Position/Title Term Ends: Appointed Term Limit: 12/31/2014 City Commission 12/31/16 12/31/2014 City Commission 12/31/16 12/31/2013 City Commission 12/31117 12/31/2013 City Commission 12/31/14 12/3112014 City Commission 12/31/16 12131/2013 City Commission 02/31/18 12/3112014 City Commission 02/31/18 Position/Title Ana Cordero Antoinette Zel Cindy Brown Cyn Zarco David Lombardi Emma DeAibear Jonathan Porcelli Leslie Tobin Maria Rodriguez Merri Mann Molly Leis Rosemarie Murillo Likens Stephen Zack 853 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 12/31/2013 12/31/2013 12/31/2013 12/31/2014 12/31/2014 12/31/2014 12/31/2013 Term Limit: Commissioner Deede Weithorn 12/31/15 Commissioner Michael Gongora 12/31/17 Commissioner Jorge Exposito 12/31/17 Commissioner Jonah M. Wolfson 12/31/15 Commissioner Jerry Libbin 12/31/18 Mayor Matti Herrera Bower Commissioner Ed Tobin 12/31/14 12/31/18 Ex-officio Chair of Mayor Ad-Hoc Garden Center Applicants Amy Rabin Christopher Todd Darin Feldman Dr. Corey Narson Francinelee Hand Lily Furst Marivi Iglesias Mitchell Korus Rabbi Daniel Sherbill Sleven Gonzalez Position/Title Applicants Ana Cordero Cindy Brown Dina Dissen Flavia Lowens!ein-Eiortegui Kay Coulter Marina Novaes Michelle Ricci Peter Vallis Stephen Zack Tiva Leser 854 Position/Title Page 5 of60 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: Name Last Name Ada Llerandi Frederick Sake Charles Sharon Dodge Friday, June 28, 2013 Position/Title 12/31/2013 Commissioner Jonah M. Wolfson 12/31/2014 Commissioner Jorge Exposito 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 12/31/2014 Commissioner Jerry Libbin 12/31/20 12/31/20 12/31/2013 Commissioner Michael Gongora 12/31/20 855 and Committees Composition: Two (2) year term. Appointed by a 5/7th vote. Members RSA 1-2 Sec 118- 1'H Seven (7) voting members composed of two members appointed as citizens at-large and five members shall be appointed from 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 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 City Commission At-Large Nominations. City Liaison: Antonieta Stohl Name Last Name Position/Tide Term Ends: Appointed by: Term Limit: Bryan Rosenfeld CPA 12/31/2013 City Commission 12/31/15 Elsa Urquiza At-Large 12/31/2013 City Commission 12/31/17 Joy Malakoff At-Large 12/31/2014 City Commission 12/31/16 Liar Leser Fin. Cons. TL 12131/13 12/31/2013 City Commission 12/31/13 Noah Fox Real Estate Developer 12/31/2014 City Commission 12/31/18 Richard Preira Law 12/31/2014 City Commission 12/31/16 Sherry Roberts Gen. Business TL 12/31/13 12/31/2013 City Commission 12/31113 Applicants Position/Title Applicants Position/Tine Alexander Annunziato Avi Ciment Dov Konetz Gary Twist Jessica Conn June 28, 2013 ································ Anthony Atala Brian Ehrlich Gabriel Paez Guy Simani Jonathan Beloff 856 7 and Committees Josh Gimelstein Micky Ross Steinberg Robert Newman Scott Needelman Friday, June 28, 2013 Michael Bernstein Muayad Abbas Roberta Gould 857 Page 8 of60 and Committees Current Sec. 2-44 Composition: Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one (1) appointment. Two (2) at-large appointments: one (1) certified public accountant and one (1) for a financial advisor. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing currnet information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http:/ /miamibeachfl.gov /cityclerkjscroll.aspx?id= 72497 Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting, and click on City Commission At-large Nominations. City Liaison: Kathie Brooks Name Last Name Antonio Hernandez Sr. David Lancz Dushan Koller Jack Benveniste Jacqueline Lalonde John Gardiner Laurence Herrup Marc Gidney Stephen Hertz David Richardson Eric Lawrence Gregory Carney John Bowes Lisa Ware Oliver Oberhauser Rima Gerhard Friday, June 28, 2013 Position/Title Financial Adv. C.P.A. Position/Title Term Ends: Appointed Term Limit: ···········~··-·································· 12/31/2013 Commissioner Jorge Exposito 12/31/16 12/31/2014 Commissioner Deede Weithorn 12/31118 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 12/31/2013 12/31/2014 12/31/2014 12/31/2013 12/31/2014 12/31/2014 Applicants ................................. Dwight Kraai Gerhard Rima Jared Plitt Mayor Matti Herrera Bower City Commission Commissioner Jerry Libbin Commissioner Michael Gongora City Commission Commissioner Ed Tobin Position/Title Lance Richardson Noah Fox Regina Suarez Page 9 of60 858 12/31/15 12/31/16 12/31/16 12131/17 12/31/14 12/31/16 Board and Committees Current Members Capital Improvements Projects Oversight Committee 2-190-127 Composition: The Capital improvement projects oversight committee shall consist of nine (9) voting members, eight (8) of whom shall be appointed by the city commission as a whole (at-large-appointees), and one (1) member appointed by the Mayor or designee, and one (1) non-voting ex-officio member selected from three nominees. The membership of the committee shall further be comprised as follows: 1. The mayor or his/her designee, who shall sit as a voting member of the committee, and shall also serve as chair person of the committee; 2. At least two (2) members shall be selected with experience in one of the following technical fields: a. engineering; b. architecture and/or landscape architecture; or historic preservation; 3. At least two (2) members shall be selected with experience in one of the following technical fields: a. construction/general contractor; or b. developer; 4. Two (2) members shall be selected with experience in the following technical field and/or the following category: a. capital budgeting and/or finance; or b. citizen-at-large; and 5. The remaining two (2) members shall be selected from any of the technical experience categories set forth in subsections (2) or (3) above. 6. One (1) non-voting ex-officio member shall be either a member of the disabled community or a person with special knowledge of Americans with Disiabilities Acts (ADA) issues in order to provide accessibility-related input to the committee. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives is located at http://miamibeachfl.gov/cityclerkjscroll.aspx?=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the 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: David Martinez Name l,astName Position/Title Term Ends: 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 12/31/13 Dwight Kraai (2) EngineerTL 12/31/13 12/31/2014 City Commission 12/31/13 Elizabeth Camargo (C2) Architect TL 12/31/13 12/31/2013 City Commission 12/31/13 Page 10 of60 859 and Committees Robert Rabinowitz Saul Gross Stacy Kilroy Tony Trujillo Applicants Annsheila Turkel Christian Folland Dominique Bailleul Harold Foster Jacobs Jacobs Josh Gimelstein Rima Gerhard Friday, Ju11e 28, 2013 (C5) Engineer 12/31/2014 City Commission ( 1) Mayor Designee 12/31/2013 Mayor Matti Herrera Bower (C3) ConsllG/ Cont.TL 12/1 12/31/2014 City Commission (C4) Cap.Budg/Finance 12/31/2014 City Commission Position/Title Applicants "'''' ....... . ...... . Anthony Atala Daniel Manichello Gerhard Rima lvette Isabel Borrello James Lloyd Michael Laas 860 Position/Title Page 11 of 60 12/31/17 12/31/15 12/31/13 12/31/16 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 K-8 Center South Pointe Elementary, Nautilus Middle School, Miami Beach High School, Ruth K. Broad K-8 Center 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 Members: Name Last Name Position/Title Term Ends: Beverly Heller 12/31/2014 lvette Isabel Borrello 12/31/2013 Karen Rivo 12/31/2013 Kay Coulter TL 12/31/13 12/31/2013 Keren Bajaroff 12/31/2014 Sheila Duffy-Lehrman 12/31/2014 Tiffany Heckler 12/31/2014 Christy Farhat Dr. Leslie Rosenfeld Elisa Leone Rep. of the PTA South Pointe Elementary-6/30/14 ACM/City Manager designee Rep. of the PTA for Biscayne Elementary 06/30/13 Rep. of the PTA for Feinberg Fisher K-8 6/30/13 Rep. of the PTA for MB Sr. High School -06/30/14 Rep. of PTA North Beach Elem. School 06/30/14 Rep. PTA for Ruth K. Broad K-8 6/30/13 Ivette Birba Jill Swartz John Aleman Lisa Simon Matti Herrera-Bower Rebeka Cohen Sofia Emuriel Vacant Applicants June 28, 2013 City Commission designee Rep. of the PTA for Nautilus Middle School-6/30/14 Rep. of PTA for Treasure Island Elem. 06/30/13 City Commission designee Position/Title Applicants 861 Appointed by: Term Limit: Mayor Matti Herrera Bower 12/31/16 Commissioner Jonah M. Wolfson 12/31117 Commissioner Deede Weithorn 12/31115 Commissioner Jerry Libbin 12/31113 Commissioner Ed Tobin 12/31/15 Commissioner Jorge Exposito 12131/17 Commissioner Michael Gongora 12131/18 Position/Title Board and Committees Aida EI-Matari Elaine Litvak Judith Berson-Levinson Kristen Rosen Gonzalez Laurie Kaye Davis Maria Cifuentes Marrero Marjorie York Robert Fairless Friday, June 28, 2013 David Crystal Jill Tavlin Swartz Kathleen Kowall Laura Cullen Loren Pearson Marina Aviles Mia Glick 862 Committees Composition: The committee shall consist of nine (9) members, three (3) to be appointed by the Mayor and each Commissioner to appoint one (1). Sec. 2-161 The chairperson of the Committee on the Homeless or his/her designee shall serve as a non-voting ex- officio member of the Community Relations Board. Each member of the committee shall be selected from membership in an organization such as, but not limited to the following: Service Providers: Douglas Gardens Community Mental Health, Salvation Army, Better Way, Miami Dade County Homeless Trust; (Civic Representation: North Beach (North Beach Development Corp), 41st Street (Middle Beach Partnership), Lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and /or Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel Association), South Pointe (South Pointe Advisory Board to the Red. Agency); member of the general public with personal experience with homeless issues CDBG Project Coordinator (ESG Emergency Shelter Grant Provider), city officials, representative from the Police Department and the City Attorney's Office as ex-officio members. City Liaison: Katherine Martinez Name Last Name Annsheila Turkel Cary Yee Quee Dale Gratz Gail Harris Jonathan Kroner Lisa Ware Prakash Kumar Rabbi Daniel Sherbill Rachael Zuckerman Applicants Debra (Debi) Quade Emma DeAibear Kimberly Diehl Luis Iglesias-Ramirez Mitchell Korus Rocio Sullivan Rosemarie Murillo Likens Position/Title TL 12/31/13 Position/Title Term Ends: Appointed. by: 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Mayor Matti Herrera Bower 12131/2014 Commissioner Ed Tobin Term Limit: 12/31/19 12/31/19 12/31/14 12/31/16 12/31/2013 Com missioner Jorge Exposito 12/31/17 12/31/2014 Commissioner Jonah M. Wolfson 12131/13 12/31/2014 Commissioner Jerry Libbin 12/31/16 12/31/2014 Commissioner Michael Gongora 12/31/19 12131/2013 Commissioner Deede Weithorn 12/31/17 Applicants Eda Valero-Figueira Helen Swartz Leah Rey Melissa Mokha Muayad Abbas Rosalie Pincus Stephanie Berman 863 Position/Title Page 14 and Committees Current Members Development Advisory Committee Sec. 2-190.110 Composition: Committee shall be composed of fourteen (14) members. The Mayor and City Commissioners shall each make two (2) direct appointments. The fourteen (14) direct appointees shall fulfill the city affiliation requirement in either of the following ways: 1) At least seven (7) appointees shall either be: (a) Miami Beach residents, for a minimum of six (6) months, in non-target areas or (b) either city residents, or non-residents, who hold a leadership 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 Michael Bernstein Members: Name Last Name Adam Greenberg Andrew Fuller Christina LaBuzetta Dona Zemo Dorian Nicholson Harvey Burstein James Weingarten Karen Fryd Marina Aviles Mark Hayes Mark Balzli Natalie Koller Zachary Cohen Alejandro Dominguez Bruce Klaiber Derrek Steele Jean Fils Jeffrey Graff Kay Coulter Michael Rotbart Position/Title Citywide Target Area 12/31/2014 Commissioner Jerry Libbin Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Deede Weithorn 12/31/19 12/31/2013 Commissioner Jerry Libbin 12/31/20 12/31/2014 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Mayor Matti Herrera Bower 12/31/17 12/31/2014 Commissioner Deede Weithorn 12/31/20 12/31/2013 Commissioner Ed Tobin 12/31/14 12/31/2014 Commissioner Ed Tobin 12131/18 12/31/2013 Mayor Matti Herrera Bower 12/31/17 12/31/2013 Commissioner Jorge Exposito 12131/20 12/3112013 Commissioner Jonah M. Wolfson 12/31/15 1213112013 Commissioner Michael Gongora 12/31/2014 Commissioner Jorge Exposito 12/31/2013 Commissioner Michael Gongora Applicants """""'"''""""""""""'" '' ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Arian Adorno Christina Nicodemou Dr. Barry Ragone Jeffrey Feldman Juan Rojas Mark Wahl Monica Matteo-Salinas 864 Position/Title 12/31120 12/31/20 12/31/19 Board and Committees Monica Matteo-Salinas Sarah Johnston 2013 Russell Hartstein Steve Berke 865 and Committees Current Members Community Relations Board Sec. 2-190.11 Composition: The board shall consist of seventeen (17) members. Eleven (11) members shalll be voting members to be appointed in the following manner: Seven (7) direct appointments, with the Mayor and each City Commissioner appointing a member. Three (3) members shall be appointed by the City Manager and one (1) ex-officio member shall be appointed by the Miami-Dade Community Relations Board from its membership. Four ( 4) non-voting, ex-officio members shall be the chairpersons or designees of the following: Commission on the Status for Women Committee on the Homeless, Hispanic Affairs Committee, and Police/Citizen Relations Committee. Two (2) non-Voting ex-officio,: the police chief or his or her designee and the director of the Bureau of Children's Affairs. The composition of the board shall be reviewed every two (2) years. City Liaison: Lynn Bernstein Name Last Name Term Ends: Appointed by: Term Limit: Adam Kravitz 12131/2013 Commissioner Jonah M. Wolfson 12/31/19 Andres As ion 12/3112014 Kathie G. Brooks, Int. City 12/31/20 Manager Barbara Montero 12/31/2014 Commissioner Jorge Exposito 12/31!15 Brad Fleet TL 12/31/13 Darin Feldman 12/31/2013 12/31/2013 Debra Schwartz 12131/2014 12/31/2014 Laurie Kaye Davis Rabbi Solomon Schiff Robert Sena Seth Feuer Lisa Ware Maria Ruiz Marjorie York Patty Hernandez Applicants Claudia Moncarz David Alschuler Derrek Steele Irene Valines Jacobo Epelbaum TL 12/31113 ex-officio Police Chief Designee 12/31/2013 12/31/2013 12/31/2014 ex-officio of Police Citizens Relations Committee ex-officio of Miami-Dade Comm. Relation Board ex-officio of the Committee on the Homeless ex-officio Director of the Bureau Childrens Affair ex-officio of MB Commission for Women ex-officio of Hispanic Affairs Committee Position/Title Applicants Dale Gratz David Crystal Eliane Soffer Ivan Rusilko Jean Fils 866 Commissioner Deede Weithorn Kathie G. Brooks, Int. City Manager Commissioner Ed Tobin Kathie G. Brooks, Int. City Manager 12/31/13 12/31/19 12/31/15 12/31/13 Mayor Matti Herrera Bower 12/31115 Commissioner Michael Gongora 12/31119 Commissioner Jerry Libbin 12/31/20 Position/Title and Committees Lori Gold Maria Zayas-Bazan Mia Glick Sofia Emuriel luis Herrera Mark Balzli Peter Vallis Troy Fabien 867 Page 18 of60 and Committees Current Members Sec. 2-46 Composition: The board shall consist of seven (7) voting members. The Mayor and each Commissioner shall make one (1) direct appointment. The chairperson of the board of directors of the Miami Beach Chamber of Commerce or his/her designee shall serve as a non voting ex-officio member. The Chairperson of the board of directors of the Greater Miami Convention and Visitors Bureau or his designee shall serve as a non voting ex-officio member. Administrative representatives from the management group, Greater Miami Convention and Visitors Bureau, and the city manager's office shall serve as non-voting ex-officio members. City Liaison: Lenny Timor Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Lips 12/31/2014 Commissioner Jorge Exposito 12/31/19 Alan Elizabeth Joshua Leon Roger Stuart Tim Resnick 12/31/2013 Commissioner Jonah M. Wolfson 12/31120 Bob Balsam Wallack Manne TL12/31/13 Abramson Blumberg Nardi ex-off. Global Spectrum Adm Rep. ex-officio, GMCVB Adm Rep 12/31/2014 Commissioner Ed Tobin 12/31/2013 Commissioner Jerry Libbin 12/31/2014 Commissioner Michael Gongora 12/31/2013 Mayor Matti Herrera Bower 12131/2013 Commissioner Deede Weithorn Ita Moriarty Stephanie Ruiz Vacant ex-officio, Chairperson Bd. Of Dir. MBCC ex-officio member of the City Manager's Office Applicants ···············••••··••······················· Barbara Gotlinsky David Lombardi Gabrielle Redfern Gotlinsky Barbara Mark Wohl Michael Steffens Robert Newman Friday, June 28, Position/Title Applicants Barbara (Bunny) Patchen Eric Lawrence Gayle Durham Liliam Lopez Michael Rotbart Natalie Koller Rocio Sullivan 868 Position/Title Page 19 of60 12/31/19 12/31/13 12/31/16 12/31/15 12/31/17 Board and Committees Current 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: To replace Stephen Zack To replace Melvyn Schlesser Name Last Name Anthony Broad Antonio Hernandez Jr. Darius Asly Dr. Ronald Shane Joseph Hagen Applicants Brian Richard Lance Richardson Zachary Cohen Position/Title 12/31/2014 Mayor Matti Herrera Bower 12/31/2014 Commissioner Jorge Exposito Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Ed Tobin 12/31/16 12/31/2014 Commissioner Michael Gongora 12/31/18 12/31/2013 Commissioner Deede Wei!horn 12/31/17 12/31/2013 Commissioner Jerry Libbin 12/31/17 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 Applicants John Bowes Michael Perlmutter 869 Position/Title Page 20 of60 Sec. 118.71 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; 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. see the "Agenda -Agenda Archives" for the continously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives is located on the website at http://miamibeachfl.gov/cityclerk/scroll.aspx?id=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY 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 City Commission At-Large Nominations. City Liaison: Thomas Mooney Vacancy: To replace Lilia Urban Planner 12/31/2014 City Commission Medina Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Carol Hausen At-large 12/31/2014 City Commission 12131/16 Jason Hagopian Registered Architect 12/31/2013 City Commission 12/31115 Leslie Tobin Registered Architect 12/31/2013 City Commission 12/31/16 Manuel Minagori At-large 12/31/2013 City Commission 12/31117 Marilys Nepomechie Architect 12131/2014 City Commission 12/31/17 Seraj Saba Lands. Arch. TL 12/31/13 12/31/2013 City Commission 12/31/13 Gary Held advisory/City Attorney Designee Friday, June 28, 2013 Page 21 870 Board and Committees Current Members Richard Lorber Vacant Alexander Annunziato Brian Ehrlich Elizabeth Camargo Francis Steffens Jean-Francais Lejeune Jessica Conn Ryan Homan Seth Wasserman Friday, June 28, 2013 advisory/ Acting Planning Director ex-officio/Disability Access Committee Position/Title Applicants Andres Asion Cyn Zarco Elsa Urquiza Gary Twist Jeffrey Cohen John Stuart Sarah Johnston Terry Bienstock 871 Position/Title 22 of60 and Committees Current Members Committee 2006-3500 s 2-31 Composition: The Committee shall be composed of: A board quorum of eight (8) members and requiring at least eight (8) votes for board action. Fourteen (14) voting members who shall be direct appointees by the Mayor and City Commissioners. 1) persons having mobility impairments; 2) deaf and/or hard-of-hearing persons in the community; blind and/or vision impaired persons in the community; 3) mental, cognitive or developmental disabilities; 4) the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation). 5) One non-voting ex-officio member who is either a member of the disable community or has special knowledge of Americans with Disabiities Act (ADA) issues. As per ordinance 2011-3731, in addition to other power and duties, the chairperson of the committee may designate a committee member to attend meetings of other city agencies, boards, or committees for the purpose of providing and obtaining input regarding accessibilty related issues and reporting to the dissability access committee on matters set forth in subsection (b) so that the disability access committee may provide recommendations to the city departments specified in subsection (b) or to the city commission. As per Ordinance 2012-3757 amended Sec. 2-31(D) to increase the number of members from seven(7) to fourteen (14) and amended the quorum requirement City Liaison: Jay Fink Vacancy: Name Andrea Lisa Andrew Barbara David David Dr. Susan Helen Lawrence Lee Russell Sabrina Susana Wendy To replace John Bennet Last Name Position/Title Travaglia Feuerstein Gotlinsky New McCauley Solman Swartz Fuller TL 12/31/13 Weiss Hartstein Cohen Maroder-Rivera Unger Friday, June 28, 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 Weithom 12/31/15 12/31/2014 Commissioner Michael Gongora 12/31/20 12/31/2013 Commissioner Deede Weithom 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 12/31/19 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 12/31/16 872 Ex-officio member Applicants Position/Title Ann Thomas Rabbi Solomon Schiff Friday, June 28, 2013 Applicants Britta Hanson Rafael Trevino 873 Position/Title 24 of60 and Committees Current Members Reso 2000-24216 Composition: Fourteen (14) members with Mayor and City Commissioners appointing two (2) members each. The Miami Beach Fine Arts Board promotes the work of contemporary visual and cultural artists, enhances the appreciation for the arts in the community at large, and provides economic stimulation to under served neighborhoods. City Liaison: Gary Farmer Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: 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'Neill-Butler Mia Glick Nicole Doswell Seth Feuer Position/Title """""""""""""""""""""""'" 12/31/2013 Commissioner Jorge Exposito 12/31/19 12/31/2013 Commissioner Michael Gongora 12/31/20 12/31/2013 Mayor Matti Herrera Bower 12/31/15 12131/2014 Commissioner Jerry Libbin 12/31/18 12/3112014 Commissioner Jorge Exposito 12131117 12131/2014 Commissioner Michael Gongora 12131/20 12/31/2013 Commissioner Jerry Libbin 12/31/16 12/31/2013 Commissioner Deede Weithorn 12/31/20 12/31/2013 Commissioner Ed Tobin 12/31/15 12/31/2014 Mayor Matti Herrera Bower 12/31/17 12/31/2014 Commissioner Ed Tobin 12/31/20 12131/2014 Commissioner Jonah M. Wolfson 12/31/15 12/3112014 Commissioner Deede Weithorn 12/31/15 12/3112013 Commissioner Jonah M. Wolfson 12/31/15 Applicants Ana Kasdin Bradley Ugent Dale Stine David McCauley Dorian Nicholson Emma DeAibear Francinelee Hand Gregory Carney Janda Wetherington Jenna Ward Liliam Lopez Merri Mann Nelida Barrios Patti Hernandez Zahara Mossman 874 Position/Title Page 25 of60 Committees Current Members Ord. 2009-3635 Composition: The Committee shall consist of fifteen (15) voting members, with three (3) members to be directly appointed by the Mayor, and two (2) members to be directly appointed by each City Commissioner. Notwithstanding the preceding sentence, the initial membership of the Committee shall be comprised of those current members of the Mayor's Gay Business Development Committee, choosing to serve on the Committee, with any additional members (as required to complete the total number of members of the Committee) to be appointed at large by a majority vote of the City Commission. City Liaison: Diana Fontani Name Billy Chad Cindy Dale Daniel Edison Jorge Karen Laura Marivi Michael Nelida Thomas Willis "Chip" To replace Ivan Cano Last Name Kemp Richter Brown Stine Spring Farrow Rich a Brown Veitia Iglesias Bath Barrios Barker Arndt Jr. Position/Title Applicants Position/Title Brian Richard Dorian Nicholson Ivana Vento Rafael Trevino Richard Murry Steven Adkins June 28, 2013 12/31/2014 Commissioner Jonah M. Wolfson Term Ends: Appointed by: Term Limit: 12/31/2014 Mayor Matti Herrera Bower 12/31/16 12/31/2014 Commissioner Ed Tobin 12/31/16 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Commissioner Michael Gongora 12/31/17 12/31/2013 Commissioner Jorge Exposito 12/31/16 12/31/2013 Commissioner Jerry Libbin 12/31/16 12/31/2013 Mayor Matti Herrera Bower 12/31/17 12/31/2013 Mayor Matti Herrera Bower 12/31/17 12/31/2014 Commissioner Jorge Exposito 12/31/16 12/31/2013 Commissioner Deede Weithorn 12/31/18 12/31/2014 Commissioner Jerry Libbin 12/31/17 12/31/2014 Commissioner Deede Weithorn 12/31/16 12/31/2013 Commissioner Michael Gongora 12/31/16 12/31/2013 Commissioner Ed Tobin 12/31/16 Applicants Position/Title Christopher Amisano Elizabeth Schwartz Michael Andrews Rebecca Boyce Silvia Ros Walker Burttschell Page 26 of60 875 Committees Current Members Composition: The committee shall composed of twelve (12) members. Consisting of eleven (11) voting members, seven (7) by direct appointment by the mayor and city commissioners,and four who shall be the presidents of the Bayshore and Normandy Shores Men's and Women's Golf Association. The city manager or his designee shall serve as a non voting ex-officio member. Sec. 2-76 The chairperson of the Golf Advisory Committee or his designee shall serve as a non-voting, ex-officio member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and Recreational Facilities Board. City liaison: Kevin Smith Vacancy: Members: To replace Gregory Carney 12/31/2014 Commissioner Michael Gongora Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Jeff Blumenthal 12/31/2014 Commissioner Deede Weithorn 12/31/15 Jeffrey Cohen 12/31/2013 Commissioner Jerry Libbin 12/31116 Jenifer Caplan 12/31/2013 Commissioner Jorge Exposito 12/31117 John Barker 12/31/2014 Commissioner Ed Tobin 12/31/15 Joseph Conway 12/31/2013 Mayor Matti Herrera Bower 12/31/18 Michael Piazza 12/31/2014 Commissioner Jonah M. Wolfson 12/31/17 Kevin Smith Applicants President for Women's Golf Assoc. MB Golf Assoc. President of the MB Golf Club Members Assoc. President, Normandy Shore's Men's Golf Assoc. President, Normandy Shore's Women's Golf Assoc. ex-officio, designee of the City Manager Position/Title Applicants ····························································································································································································· Jane Hayes Robert Sena Friday, June 28, 2013 Mitchell Korus Zachary Cohen 876 Position/Title Page 27 of60 Board Current 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 administrator; Two (2) member shall be an administrator from an Adult Congregate Living Facility (ACLF). And/or an Assisted Living Facility (ALF); One (1) member shall be a representative from the nursing profession; One (1) member shall be a health benefits provider; Two (2) members shall be physicians.; Two (2) members shall be consumers consisting of: 1) one (1) individual from the corporate level and ; 2) one (1) private individual. One member shall be a physician or an individual with medical training or experience. There shall be one (1) non-voting ex-officio representative from each of the following: The Miami Dade County Health Department, the Health Council of South Florida, and the Fire Rescue Department. The director of the Office of the Children's Affairs shall be added as a non-voting ex- officio member of the board. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agend Archives website is located at http://miamibeachfl.gov/cityclerkjscroll.aspx?id== 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Sonia Bridges Vacancy: To replace Jacobs Health Provider 12/31/2013 City Commission Baruch MD Members: Name Last Name Position/Tide Term Ends: Appointed by: Term Limit: Anthony Japour ACLF 12/31/2014 City Commission 12/31/16 Dr. Andrew Nullman Physician 12/31/2014 City Commission 12/31/14 Dr. Jay Rein berg Physician 12/31/2014 City Commission 12/31/16 Dr. Stacey Kruger Physician 12/31/2014 City Commission 12/31/16 Harold Foster Privae Individual 12/31/2013 City Commission 12/31/15 Rachel Schuster ACLF 12/31/2014 City Commission 12/31/16 Shaheen Wirk Private Individual 12/31/2013 City Commission 12/31/15 Steven Sonenreich CEO/Mt. Sinai/MH (NTL) 12/31/2014 City Commission Tobi Ash Nursing Profession 12/31/2013 City Commission 12/31/15 Friday, June 28, 2013 Page 28 877 Julie Zaharatos Maria Ruiz Applicants Committees Rep. from the Health Council of South Fla ex-officio, Director of Children's Affairs Position/Title Members Applicants --····~···-································· ---~··················--····~························-~~················--·~ Caroline Cardenas Jared Plitt Lisa Ware Friday, June Ivan Rusilko Leah Rey Michael Steffens 878 Position/Title Page Health Facilities Authority Board Composition: Four ( 4) year terms. Five (5) members shall consist of; two (2) health providers, Sec. 2-111 one (1) individual in the field of general business who possesses good standing in the community; one (1) accountant and; one (1) attorney. The chairperson of the Health Advisory Board shall serve as a non-voting advisor to the Authority. Members shall be residents of the City. Florida Statute 154.207 No term Limits. City Clerk's Note: Please see the "Agenda-Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives is located on the website at http://miamibeachfl.gov/cityclerkjscroll.aspx?id=72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Patricia Walker Appointments To Be Made : Allison Name Arthur Marc Mark Sidney Stone Last Name Unger Umlas Sinnreich Goldin Attorney Position/Title Accountant Health Provider Health Provider General Business vacant Chairperson, Health Advisory Board Applicants Miguel Antonio Aviles Rosalie Pincus Position/Title 6/19/2013 City Commission FS-154-2( Term Ends: Appointed by: Term Limit: 6/19/2016 City Commission 6/19/2014 City Commission 6/19/2015 City Commission 6/19/2014 City Commission Rachel Schuster Shaheen Wirk 879 Position/Title Page 30 of 60 FS 154-207 FS-154-207 FS 154-207 FS 154-207 Board and Committees Current Members Sec. 2-190.21 Composition: The committee shall consist of seven (7) members, with the Mayor and each Commissioner making one (1) appointment. The chairperson of the Hispanic Affairs Committee or his/her designee shall serve as a non-voting ex- officio member of the Community Relations Board. City Liaison: Nannette Rodriguez Name Last Name Ana Cecilia Velasco Antonio Purrinos Eliane Soffer Francis Trullenque Ivan Cano Luz Rojas Patti Hernandez Applicants ,,,,,,,,,,,,,,,,,,,,,, Israel Sands Luis Iglesias-Ramirez Rafael Trevino Position/Title Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 Commissioner Michael Gongora 12/31/18 12/31/2014 Commissioner Jonah M. Wolfson 12/31/17 12/31/2014 Commissioner Jorge Exposito 12/31/2013 Commissioner Ed Tobin 12/31/2014 Commissioner Jerry Libbin 12/31/2014 Mayor Matti Herrera Bower 12/31/2013 Commissioner Deede Weithorn Applicants Position/Title ........... , ....... ,,,,.,,,,,,,,,,,,.,,,,,,,,,,,,.,,,,,,,, ,., ........ ~, •......... ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Luis Herrera Maria Zayas-Bazan Regina Suarez 880 Page of60 12/31/17 12/31/15 12/31/20 12/31/19 12/31/15 Board and Committees Current Members Historic Preservation Board Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) members. There shall be a member from each of the following categories: 1) A representative from the Miami Design Preservation League (MDPL); Selected from three names nominated by the League. 2) A representative from Dade Heritage Trust (DHT); Selected from three names nominated by the Trust. Sec. 118-101 3) Two at-large member who have resided in one of the City's historic districts for at least one year, and have demonstrated interest and knowledge in architectural or urban design and the preservation of historic buildings. 4) An architect registered in the state of Florida with practical experience in the rehabilitation of historic structures; 5) An architect registered in the United States, a landscape architect registered in the state of Florida, a professional practicing in the field of architectural or urban design or urban planning, each of the foregoing with practical experience in the rehabilitation of historic structures; or an attorney at law licensed to practice in the United States, or an engineer licensed in the state of Florida, each of the foregoing with professional experience and demonstrated interest in historic preservation. 6) A member of the faculty of a school of architecture in the state of Florida, with academic expertise in the field of design and historic preservation or the history of architecture, with a preference for an individual with practical experience in architecture and the preservation of historic structures. All members of the board except the architect, engineer, landscape architect, professional practicing in the field of architectural or urban design or urban planning and university faculty member of the board shall be residents of, the city, provided, however, that the city commission may waive this requirement by a 5/7ths vote in the event a person not meeting these residency requirements is available to serve on the board and is exceptionally qualified by training and/or experience in historic preservation matters. City Clerk's Note: Please see the "Agenda-Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http://miamibeachfl.gov /cityclerkjscroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Thomas Mooney Name Last Name Position/Title Term Ends: Appointed by: Term Limit: David Wieder Attorney 12/31/2013 City Commission 12/31/15 Dominique Bailleul At-large 12/31/2014 City Commission 12131/16 Henry Lares Faculty Mem. TL 12/31/13 12/31/2013 City Commission 12/31/13 Herb So sa MDPL 12/31/2014 City Commission 12/31/15 Ira Giller Reg. Architect 12/31/2013 City Commission 12/31/17 Jane Gross Dade Heritage 12/31/2014 City Commission 12/31/16 Josephine Manning At-large 12/31/2014 City Commission 12/31/14 Friday, June 28, 2013 881 Applicants Albert Mertz Andrew Fischer Elizabeth Camargo Francis Steffens Jean-Francais Lejeune John Stuart Marilys Nepomechie Morris Sunshine June 28, 2013 Position/Title Applicants Alejandro Dominguez Dona Zemo Elizabeth Pines Guy Simani Jessica Jacobs Josh Gimelstein Marina Novaes Raymond Adrian 882 Position/Title Page33 Board and Committees Current Members Housing Authority Composition: Four year appointment. Five (5) members, appointed by the Mayor. Reso 7031 421.05 Appointments must be confirmed by the City Commission. At least one (1) member who shall be a resident who is current in rent in a housing project or a person of low or very low income who resides within the housing authority's jurisdiction and is receiving rent subsidy through a program administered by the authority or public housing agency that has jurisdiction for the same locality served by the housing authority, which member shall be appointed at the time a vacancy exists. City Liaison: Anna Parekh Name Last Name Emilio DeJesus Fernandez Eugenio Cabreja Michael Band Peter Raymond Chavelier Adrian Adrian Gonzalez Barbara Gotlinsky Damian Gallo Julio Lora Position/Title HA Commissioner HA Commissioner HA Commissioner HA Commissioner HA Commissioner Position/Title Term Ends: Appointed by: Term Limit: 10/11/2013 Mayor Matti Herrera Bower 10/11/2016 Mayor Matti Herrera Bower 10/11/2013 Mayor Matti Herrera Bower 10/11/2015 Mayor Matti Herrera Bower 10/11/2014 Mayor Matti Herrera Bower Position/Title Allan Hall Christian Folland Gotlinsky Barbara Prakash Kumar of60 883 10/11/17 10/11/18 10/11/16 10/11/19 10/11/18 Board Committees 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 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Eric Lawrence 12/31/2014 Commissioner Michael Gongora 12/31/17 Jay Dermer 12/31/2014 Commissioner Jonah M. Wolfson 12/31/18 Juan Torres 12/31/2013 Mayor Matti Herrera Bower 12131/15 Mario Coryell 12/31/2014 Commissioner Exposito 12/31/17 Mayra Diaz Buttacavoli 12/3112013 Commissioner Ed Tobin 12/31/17 Michael Rolbart Tl12/31/13 12/31/2013 Commissioner Deede Weithorn 12/31/13 Steve Zuckerman 12/31/2014 Commissioner Jerry Libbin 12131/14 ex-officio member of the CDAC Patricia Walker ex-officio Finance director or his/her designee Applicants Allan Hall Stephanie Berman Position/Title Applicants Position/Title lance Richardson Page 35 884 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 Name Last Name Position/Title Addison Sammet Christopher Todd Daniel Kipnis Joel Aberbach Maurice Good beer Sash a Boulanger Stephen Bernstein Michael George ex-officio MB Marine Patrol Applicants Alex Espenkotter Elaine Roden Jonathan Beloff Paul Friedman William Cahill Friday, June 28, 2013 Position/Title Term Ends: Appointed by: Term Limit: """"'"""'" ,,,,,,,, 12/31/2014 Commissioner Michael Gongora 12/31/20 12/31/2013 Commissioner Jorge Exposito 12/31/14 12/31/2013 Commissioner Jonah M. Wolfson 12/31/16 12/31/2014 Mayor Matti Herrera Bower 12/31/2014 Commissioner Jerry Libbin 12/31/2013 Commissioner Ed Tobin 12/31/2014 Commissioner Deede Weithorn Applicants Position/Title ------------------ Christian Folland Jacobo Epelbaum Matthew Paulini Robert Glick 885 12/31/20 12/31/19 12/31/18 12/31/18 Miami Beach Commission For Women Composition: Twenty-one (21) members. 2007-3570 s 2190- Each of the seven (7) members of the commission shall appoint three (3) members. The chairperson of the Commission on the Status of Women or its designee shall serve as a non- voting ex-officio member of the Community Relations Board. City Liaison: Wanda Geist Vacancy: Name Claudia Debra (Debi) Elsa Francinelee Gertrude Jessica Karen 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 Qui ala York Carlson Weisburd Berman Suarez Gould Sullivan Position/Tide (TL 12/31/13) (TL 12131/13) (TL 12/31/13) 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 12/31/17 12/31/2013 Commissioner Jerry Libbin 12/31/19 12/31/2013 Commissioner Jonah M. Wolfson 12/31/13 12/31/2013 Commissioner Jerry Libbin 12/31/16 12/31/2014 Commissioner Ed Tobin 12/31/14 12/31/2014 Commissioner Jonah M. Wolfson 12131/19 12/31/2014 Commissioner Jerry Libbin 12131/15 12/31/2014 Commissioner Jonah M. Wolfson 12/31/20 12/31/2014 Commissioner Jorge Exposito 12131113 12/31/2013 Commissioner Michael Gongora 12/31/19 12/31/2013 Commissioner Deede Weithorn 12/31/15 12/31/2014 Commissioner Jorge Exposito 12/31/16 12/31/2013 Mayor Matti Herrera Bower 12/31113 12/31/2013 Commissioner Jorge Exposito 12/31/18 12/31/2014 Commissioner Ed Tobin 12/31/15 12/31/2014 Mayor Matti Herrera Bower 12/31117 12/3112014 Commissioner Michael Gongora 12/31/17 12/31/2013 Commissioner Deede Weithorn 12/31/15 12/31/2014 Commissioner Michael Gongora 12/31/19 Applicants Position/Title ···························································································•················································································ ···········~································································· Annette Cannon Britta Hanson Diana Fontani Martinez Elizabeth Resnick Judith Berson-Levinson Maria Begonia Calcerrada Marjorie O'Neill-Butler Molly Leis Natalia Datorre Wendy Kallergis Friday, June 28, 2013 Barbara Morris Dale Gratz Eda Valero-Figueira Jennifer Diaz Maria Zayas-Bazan Marie Towers Merle Weiss Monica Matteo-Salinas Rebecca Boyce 886 Page 37 of60 Members Sec. 2-51 Composition: Three (3) years term. Vacancies submitted by slate of candidates provided by the council. Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission. Effective December 31, 2001, concurrent with the expiration of the terms of six (6) members of the council, and the resulting vacancies thereon, three (3) members shall be appointed for three (3) year terms each, provided that one of those appointments shall be to fill the vacancy of the one (1) year term expiring on December 31, 2001, and three (3) members shall be appointed for two (2) year terms each. Additionally, effective December 31, 2002, no council member may serve more than six (6) consecutive years. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http://miamibeachfl.gov/cityclerkjscroll.aspx?id=72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Gary Farmer Vacancy: To replace Ileana Bravo-Gordon Name Last Name Beatrice Hornstein Charles Million Daniel Novela Ed a Valero-Figueira Gregory Melvin Isadore Havenick Marjorie O'Neill-Butler Merle Weiss Nina Duval Zoila Datorre Annette Fromm Bradley Ugent Christina LaBuzetta Elizabeth Pines George Durham Jason Witrock Jenna Ward Friday, June 28, 2013 Position/Title TL 12/31/13 TL12/31/13 Position/Title 12/31/2015 City Commission Term Ends: Appointed by: Term Limit: 12/31/2015 City Commission 12/31115 12131/2013 City Commission 12/31/17 12/31/2015 City Commission 12/31/15 12131/2014 City Commission 12/31/14 12/31/2014 City Commission 12/31/15 12/31/2013 City Commission 12/31/13 12/31/2015 City Commission 12/31/15 12131/2013 City Commission 12/31/17 12/31/2013 City Commission 12/31113 12/31/2014 City Commission 12/31/14 Applicants Position/Title """""'""""'"'''"""'"" Antoinette Zel Calvin Kohli Cyn Zarco Eugenio Cabreja Janda Wetherington Jean Fils Karlene Mcleod 887 Maria Cifuentes Marrero Mark Balzli Molly Leis Monica Minagorri Nicole Doswell Patti Hernandez Steve Berke Friday, June 28,2013 Mark Alhadeff Michael McManus Monica Harvey Nathaniel Korn Oliver Oberhauser Robert Newman Tamra Sheffman 888 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/cityclerk/scroll.aspx?id=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Ralph Granado Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Alan Fishman Law 12/31/2013 City Commission 12/31/16 Bradley Ugent 12/31/2013 City Commission 12131118 Carlos J Ortuno 12/31/2014 City Commission 12/31/16 Dr. Barry Ragone 12/31/2014 City Commission 12/31/16 Elizabeth Schwartz 12/31/2013 City Commission 12/31116 Monica Harvey 12/31/2014 City Commission 12/31/18 Rachel Umlas 12/31/2014 City Commission 12131118 Rafael Trevino 12/31/2014 City Commission 12131/16 Walker Burttschell 12/3112013 City Commission 12/31/16 William Warren Jr. 12131/2013 Mayor Matti Herrera Bower 12/31/19 Applicants Position/Title Applicants Position/Title Andrea Lisa Travaglia Christopher Amisano Dr. Andrew Nullman Ivana Vento Lori Gold Luis Herrera Prakash Kumar Page of60 889 Current 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 Name Last Name Position/Title Term Ends: Appointed by: Annette Fromm other 12/31/2014 Mayor Matti Herrera Bower Bruce Reich Nahariya, Israel TL 12/31/13 12/31/2014 Mayor Matti Herrera Bower Charlotte Libov other 12/31/2013 Mayor Matti Herrera Bower Elaine Roden Basel, Switzerland 12/31/2013 Mayor Matti Herrera Bower Faye Goldin other 12/31/2014 Mayor Matti Herrera Bower Gary Twist Fortaleza Brazil 12/31/2014 Mayor Matti Herrera Bower George Neary other 12131/2014 Mayor Matti Herrera Bower Ileana Bravo-Gordon Rio de Janeiro, Brazil 12/31/2014 Mayor Matti Herrera Bower Ivan Rusilko other 12/31/2013 Mayor Matti Herrera Bower Jacobo Epelbaum other 12/31/2013 Mayor Matti Herrera Bower Jenna Ward Almonte, Spain 12/31/2013 Mayor Matti Herrera Bower Jennifer Diaz Santa Marta, Colombia 12/31/2014 Mayor Matti Herrera Bower Jessica Londono lea, Peru 12/31/2014 Mayor Matti Herrera Bower Michael McNamee Fujisawa, Japan 12/31/2013 Mayor Matti Herrera Bower Nuccio Nobel Cozumel, Mexico 12/31/2013 Mayor Matti Herrera Bower Ray Breslin Brampton, Canada 12/31/2013 Mayor Matti Herrera Bower Roberto DaTorre other 12/31/2013 Mayor Matti Herrera Bower Stephanie Trinidad other 12/31/2014 Mayor Matti Herrera Bower Wendy Kallergis Pescara, Italy 12/31/2013 Mayor Matti Herrera Bower Zeiven Beitchman other 12/31/2014 Mayor Matti Herrera Bower Term Limit: 12/31119 12/31/13 12/31/20 12/31/17 12/31/18 12/31/17 12/31/16 12/31119 12/31/20 12/31/19 12/31/19 12/31/19 12/31117 12/31/20 12/31/16 12/31/16 12/31/16 12/31116 12/31119 12/31114 Applicants Position/Title Applicants Position/Title Ada Llerandi Ana Kasdin Ann Thomas Bruce Klaiber Charles Million Claudia Moncarz Darin Feldman Dr. Andrew Nullman Francesco Stipo Gabriel Paez Gregory Carney Israel Sands Josephine Pampanas Luis Giraldo-De Ia hoz Luis Iglesias-Ramirez Marcella Paz Cohen Maria Rodriguez Michael Rotbart Friday, June 890 Michael Tichacek Raymond Adrian Walter Lucero Rabbi Daniel Sherbill Tamra Sheffman 891 Page42 of60 Board and Committees Current Members Normandy Shores Local Gov. Neighborhood lmpv. Sec 34-175 Composition: The Advisory Council shall be appointed by the Board of Directors (City Commission) and composed of three members of the Executive Committee of the Normandy Shores Homeowner Association. On behalf of the Board of Directors, the City Clerk shall solicit from the Executive Committee the eligibity list of its members for appointment consideration. The Advisory Council shall be composed of the three members of the Executive Committee of the Normandy Shores Homeowners Association as per Resolution No. 97-22449 adopted July 2, 1997. Please see the "Agenda -Agenda Archives" for the continously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http://miamibeachfl.gov/cityclerkjscroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Victoria Kroger Members: Name John Mark Ronald Applicants Last Name Bowes Wojak Loring Andrew Fuller Jonathan Porcelli Miguel Antonio Aviles Sofia Emuriel Friday, June 28, Position/Title Position/Title Term Ends: Appointed by: Term Limit: 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Applicants David Alschuler Marie Towers Monica Minagorri Tegan Eve 892 Position/Title Page 43 of60 12/31/18 12/31/18 12/31/14 Sec. 2-171 Composition: The board shall be comprised of ten (10) members. Seven (7) direct appointments made by the mayor and each commissioner. The chairperson of the following boards/committees or their designees shall serve as nonvoting ex- officio members of the Parks and Recreational Facilities Board: 1) Beautification Committee, 2) Golf Advisory Committee, and 3) Youth Center Advisory Board (See 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: Name Amy Harriet Jonathan Kim Leslie Meryl To replace Lizette Lopez Last Name Rabin Halpryn Groff Brown Eve Graff Wolfson Position/Title (TL 12./31/13) TL 12/31/13 12/31/2013 Commissioner Jerry Libbin Term Ends: 12/31/2014 12/31/2014 12/31/2014 12/31/2013 12/31/2014 12/31/2013 Term Lindt: Mayor Matti Herrera Bower 12/31/13 Commissioner Jonah M. Wolfson 12/31/15 Commissioner Deede Weithorn 12/31/17 Commissioner Michael Gongora 12/31/20 Commissioner Ed Tobin 12/31/15 Commissioner Jorge Exposito 12/31/13 Daniel Nixon Stephanie Rosen vacant Ex-Officio member Beautification Committee Ex-Officio member of the Youth Center Adv. Board Ex-Officio member of Golf Advisory Commttee Applicants Annette Cannon Dana Turken Eleanor Carney George Durham Maria Cifuentes Marrero Mark Balzli Miguel Antonio Aviles Moni Cohen Peter Vallis Walter Lucero Friday, June 28, 2013 Position/Title Applicants Christina Nicodemou Dolores Hirsh George Castillo Jason Witrock Maria Rodriguez Michael Steffens Mojdeh Khaghan Paul Stein Stefan Zachar Jr. 893 Position/Title Board and Committees Current Members Personnel Board Sec. 2-190.66 Composition: Ten (10) members appointed by a 5/7 vote. Six (6) of which shall be citizens of Miami Beach not in the employment of the city, each having a different vocation; and three (3) regular employees of the City of Miami Beach, to be elected by the probationary and regular employees of the city and who shall be elected from the employees of regular status in the respective groups: Group I shall consist of the employees of the Police Department, Fire Department and Beach Patrol Department, Group II shall consist of employees who are in clerical and executive positions, Group III shall consist of all other employees, The Personnel Director is a non-voting member. City Clerk's Note: Please see the "Agenda-Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http:/ /miamibeachfl.gov/cityclerk/scroll.aspx?id== 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Sylvia Crespo-Tabak Vacancy: To replace David Richardson To replace David Alschuler To replace Michael Perlmuter 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission Name Last Name Position/Title Term Ends: Appointed by: Gabriel Mojdeh Rosalie Paez Khaghan Pincus Christopher Diaz Evette Phillips George Castell Sylvia Crespo-Tabak elected 07/20/2011 exp. 7/31/2014-Group I elected 07/09/2012 exp. 7/31/2015 Group III elected 07/23/2010 exp. 7/31/2013 Group II Human Resources Director 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2013 City Commission Term Limit: 12/31/15 12/31/16 12/31115 Applicants Elsa Orlandini Position/Title Applicants Position/Title Kristen Rosen Gonzalez Lori Gold 2013 ··································································~······· ························································ Harold Foster Laurie Kaye Davis Richard Preira 894 Page Board and Committees Current Members Planning Board Sec. 118-51 Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular voting members. The voting members shall have considerable experience in general business, land development, land development practices or land use issues; however, the board shall at a minimum be comprised of: 1) one architect registered in the state of Florida; or a member of the faculty of a school of architecture in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture; or a landscape architect registered in the state of Florida; or a professional practicing in the fields of architectural or urban design, or urban planning; 2) one developer who has experience in developing real property; or an attorney in good standing licensed to practice law within the United States. 3) one attorney licensed to practice law in the state of Florida who has considerable experience in land use and zoning issues; 4) one person who has education and/or experience in historic preservation issues. For purposes of this section, the term "education and/or experience in historic preservation issues" shall be a person who meets one or more of the following criteria: A) Has earned a college degree in historic preservation; B) Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or C) Is recognized by the city commission for contributions to historic preservation, education or planning; and 5) three persons who are citizens at large or engaged in general business in the city No person except a resident of the city, who has resided in the city for at least one year shall be eligible for appointment to the planning board. The City Commission may waive the residency requirements by a 5/7ths vote in the event a person not meeting these requirements is available to serve on the board and is exceptionally qualified by training and/or experience. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http:/ /miamibeachfl.gov /cityclerk/scroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Katia Hirsh. Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Charles Urstadt General Business 12/31/2013 City Commission 12/31/17 Frank Kruszewski General Business 12/31/2014 City Commission 12/31/18 Henry Stolar Gen. Bus. TL 12/31/13 12/31/2013 City Commission 12/31/13 Jack Johnson Historic Preservation 12/31/2014 City Commission 12/31/18 Jean-Francais Lejeune Architect 12/31/2014 City Commission 12/31/17 Jonathan Bel off Attorney 12131/2013 City Commission 12131/15 Robert Wolfarth Developer 12/31/2013 City Commission 12/31/17 Friday, June 28, 2013 895 Applicants Albert Mertz Alexander Annunziato Anthony Atala Brian Ehrlich Elizabeth Camargo Gary Twist Jeffrey Cohen Joshua Wallack Madeleine Romanello Mark Alhadeff Muayad Abbas Robert Sena Sarah Johnston Friday, June 28, 2013 Position/Title Applicants Position/Title "···········-~~ ... ~~························································································ Alex Espenkotter Andres Asian Avi Ciment Dominique Bailleul Francis Steffens Guy Simani Jessica Conn Joy Malakoff Marina Novaes Marla Courtney Noah Fox Ryan Homan 896 47 of60 Sec. 2-190.36 Composition: The committee shall consist of seventeen (17) members, fourteen (14) of whom shall be voting members. 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 (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 Police Community Relations and their impact on the City of Miami Beach. City Liaison: Chief Raymond Martinez Vacancy: Name Beverly Claire Dina Gianluca Glenda Hope Jared Jonathan Michael Mitchell Nelson Steven Walter Alex Bello R. Martinez Steve Rothstein To replace Michael Grieco Last Name Position/Tide Aberbach (TL 12/31/13) Warren Dissen Fontani Krongold Fuller Plitt Parker Perlmutter Korus Gonzalez Oppenheimer Lucero Non-adm. Personnel of the PD Police Chief City Attorney Designee Friday, June 28, 2013 12/31/2014 Commissioner Michael Gongora Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Jorge Exposito 12/31/13 12/31/2013 Mayor Matti Herrera Bower 12/31/18 12/31/2014 Commissioner Jerry Libbin 12/31/14 12/31/2014 Commissioner Jorge Exposito 12131/18 12/31/2014 Commissioner Ed Tobin 12/31/15 12/31/2013 Commissioner Jerry Libbin 12/31/16 12/31/2013 Commissioner Deede Weithorn 12/31/15 12/31/2013 Commissioner Jonah M. Wolfson 12/31119 12/31/2014 Commissioner Michael Gongora 12/31/20 12/31/2013 Mayor Matti Herrera Bower 12/31/18 12/31/2013 Commissioner Ed Tobin 12/31/15 12/31/2014 Commissioner Jonah M. Wolfson 12/31/17 12/31/2013 Commissioner Deede Wei!horn 12/31/19 897 Board and 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 Position/Title Applicants Alex Espenkotter Bruce Klaiber David Crystal Eugenio Cabreja Irene Valines Kimberly Diehl laura Morilla Marina Aviles Rachel Schuster Rosemarie Murillo likens Tegan Eve 898 Position/Title Members Sec. 2-71 Composition: The council shall consist of seven (7) voting members, the Mayor and each Commissioner shall make one direct appointment. All regular members shall have knowledge of the fashion, film, new media, production, television and or recording industries of the city. Each of the six (6) industries shall be represented by at least one member, but no more than three (3) members, who are directly involved with that industry. City Liaison: Graham Winick Vacancy: To replace Joyce Gal but Production 12/31/2014 Mayor Matti Herrera Bower Name Last Name Position/Title Term Ends: Appointed by: Term Limit: """""""""""~~'" Albert Allee Belkys Bruce Ivan Noreen Mertz Newhoff Nerey Orosz Parron Legault-Mendoza Recording Industry Fashion (TL 12/31/13) Production Fashion News Media TV/Film Applicants Position/Title Christina Nicodemou Karlene Mcleod Natalia Datorre 12/31/2013 Commissioner Jerry Libbin 12/31/20 12/3112014 Commissioner Jorge Exposito 12/31/13 12131/2013 Commissioner Deede Weithorn 12/31/18 12/3112014 Commissioner Ed Tobin 12/31/15 12/31/2014 Commissioner Michael Gongora 12/31/16 12/31/2013 Commissioner Jonah M. Wolfson 12/31/17 Irene Valines Lisa Ware Paul Friedman 899 Position/Title Board and Committees Current Members Safety 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 To replace Joel Aberbach To replace Baruch Sandhaus Name l .. astName Position/Tide Alfredo Rey Barbara Gillman (TL 12/31113) Calvin Kohli Irene Valines Jane Hayes Jason Wit rock Jeannette Egozi Jeff Gordon Jerry Marsch (TL 12/31/13) Marcella Paz Cohen Michelle Green Oren Lieber Applicants Position/Title Jonathan Parker Michael Perlmutter Michelle Green Robert Blumenthal William Cahill Friday, June 28, 2013 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 12/31/19 12/31/2013 Commissioner Jerry Libbin 12/31/17 12/31/2014 Commissioner Jorge Exposito 12/31119 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 12131/13 12/31/2013 Commissioner Deede Weithorn 12131/16 12/31/2013 Commissioner Michael Gongora 12/31/19 12/31/2014 Commissioner Ed Tobin 12/31/14 Applicants Position/Title Leah Rey Michael Tichacek Orlinda Perez Perez Silvia Rotbart 900 2006-3529 Composition: The panel shall be composed of three (3) members, two of whom shall be architects an/or other registered design professionals, and one shall be a resident of the City, each to serve for a term of one (1) year. Panel members shall not deliberate in more than four ( 4) meetings per calendar year unless required due to inability to satisfy the quorum requirement. Panel members shall be chosen by the City Manager or designee on a rotating basis or as available from a list of not more than 20 architects and/or other registered design professionals, as well as a list of residents of the City. In developing the list of registered professionals, names should be submitted from the following associations: (1) American Institute of Architects, local chapter (2) American Society of landscape Architects, local chapter (3) American Planning Association, local section ( 4) The Miami Design Preservation league (5) Dade Heritage Trust - liaison: Thomas Mooney Vacancy: To replace Daniel Registered Design Prof. 12/31/2013 Vietia Jorge Gutierrez Registered Design Prof. 12/31/2013 (TL 12/31/14) Rafael Sixto Registered Design Prof. 12/31/2013 (TL 12/31/14) Jimmy Morales, City Manager Jimmy Morales, City Manager Jimmy Morales, City Manager Name Last Name Position/Title Term Ends: Appointed by: Term Limit: "'""""""'""'"'"' ,,,,,,,,, new member 12/31/2013 Applicants Position/Title Position/Title Oliver Oberhauser 2()13 Page 52 901 Sustainability Committee 2008-3618 Composition: The Committee shall consist of seven (7) voting members, one each to be directly appointed by the Mayor and each City Commissioner. A Commissioner, appointed by the Mayor, shall serve as a non- voting member and shall serve as the chairperson of the Committee. The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to provide and promote general environmental improvement trends, or "Green Initiatives," and "Sustainable Development", which is herein defined as a pattern of resource use that aims to meet community needs while preserving the environment so that these needs can be met, not only in the present, but in the indefinite future. The Committee shall make advisory recommedations to the City Commission and the City Manager to promote Citywide Green Initiatives and to promote and provide plans for Sustainable Development in the City of Miami Beach. City Liaison: Elizabeth Wheaton Name Commissioner David Debra Gabriele Lanette Lily Luiz Mitch Applicants Amy Rabin Last Name Gongora Doebler Leibowitz Van Bryce Sobel Furst Rodrigues Novick Andrea Lisa Travaglia Elizabeth Pines Gisele Colbert Marivi Iglesias Russell Hartstein Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Commissioner Jerry Libbin 12/31/20 12/31/2013 Commissioner Deede Weithorn 12/31/15 12/31/2014 Commissioner Michael Gongora 12/31/17 12/31/2014 Commissioner Jorge Exposito 12/31/17 12/31/2013 Commissioner Jonah M. Wolfson 12/31/16 12/31/2014 Commissioner Ed Tobin 12/31/2013 Mayor Matti Herrera Bower Applicants Amy Tancing Daniel Manichello George Durham Kimberly Eve Michael Laas Walker Burttschell 902 Position/Title Page 53 of60 12/31/15 12131/16 Tennis Advisory Committee 2012-3773 Composition: The Committee shall be composed of severn (7) members, each of whom shall be a voting member who has demonstrated a high degree of interest, participation, and/or expertise in the sport of tennis. The Mayor and City Commissioners shall each make one direct appointment to the committee. The Mission of the Tennis Committee is to improve the lives of residents by promoting the development and sound management of public facilities dedicated to the sport of tennis in the City of Miami Beach and to make recommendations, as appropriate, to the City Commission and the City Administration. The powers and duties of the Committee shall be to provide advisory recommendations regarding the use, operation, management, and development of public tennis facilities to the City Commission and the City Administration for such action as the City Commission and the City Administration may deem appropriate. Two years after the September 12, 2012 effective date of this Ordinance, the City Manager shall bring the provisions of this section before the City Commission for its review and consideration. City Liaison: Julio Magrisso Name Last Name Carrie Johnson David Berger Dolores Hirsh Gayle Durham Jeffrey Forster Stefan Zachar Jr. Tegan Eve Applicants Kimberly Diehl Marlene Pross Michael Tichacek Stephen Donnelly Vicki Petruzzelli Position/Title Position/Tine Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Deede Weithorn i 2131/20 12/31/2013 Commissioner Jorge Exposito 12/31/19 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Commissioner Ed Tobin 12/3112013 Commissioner Jerry Libbin 12131/2013 Mayor Matti Herrera Bower 12/31/2014 Commissioner Michael Gongora Applicants Position/Title """""""""'""" Laure Mckay Melissa Mokha Ronald Starkman Steve Berke 903 12/31/20 12/31/19 12/31120 12/31120 and Committees Current Members Committee Sec. 2-190.91 Composition: Committee shall consist of fourteen (14) members. The Mayor and City Commissioners shall each make one (1) appointment, with the other members of the committee to be composed of members from the following community organizations, each of which must designate a permanent coordinating representative: 1) Miami Beach Chamber of Commerce's Transportation and Parking Committee, 2) Miami Beach Community Development Corporation, 3) Ocean Dr. Association, 4) Miami Design Preservation League, 5) North Beach Development Corporation, 6) Mid-Beach Community Association, 7) Lincoln Rd Marketing, Inc., On an annual basis, the members of the committee shall elect a chairman and such other officers as may be deemed necessary or desirable, who shall serve at the will of the committee. Seven members of the committee shall consist of a quorum of the committee and shall be necessary in order to take any action. The members of the voting committee shall have knowledge of and interest in Transportation and Parking and their impact on the City of Miami Beach. The members of the board shall be officially designated by their respective organization, and letters certifying that designation shall be forwarded to the Miami Beach City Clerk. City Liaison: Saul Frances Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Dr. Corey Narson 12/31/2014 Commissioner Jerry Libbin 12/31/18 Eric Ostroff 12/31/2014 Commissioner Deede Weithorn 12/31/18 J.P: Morgan 12131/2013 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 AI Feola Delvin Fruit Jo Asmundsson Rep. for the Ocean Dr. Imp. Assoc. 12/31/14 Rep. for Mid-Beach Community Assoc.-12/31/13 Rep. for MBCDC 12/31/14 Madeleine Romanello Rep. for MBCC 12/31/13 Mark Weithorn Rep. for NBDC 12/31/13 vacant Rep. for Lincoln Road Marketing William "Bill" Hahne Rep. for MDPL 12/31/13 Applicants Amy Rabin Daniel Manichello David McCauley Eleanor Carney Position/Title Applicants Cheryl Jacobs David Alschuler Dorian Nicholson Gerhard Rima 904 Position/Title 12/31/16 and Committees Gianluca Fontani Jacobs Jacobs Julio lora Laure Mckay Rima Gerhard Steven Oppenheimer Friday, June 28, 2013 Ivana Vento Jeffrey Feldman Kenneth Bereski Ill Orlinda Perez Perez Sasha Boulanger 905 Page 56 Authority Sec. 102-246 Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) member who shall be permanent residents of Miami-Dade County. 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/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: Grisette Roque. Name Last Name Position/Tide Aaron Perry At-Large 12/31/2014 City Commission Jaqueline Hertz At-large TL 12/31/13 12/31/2013 City Commission Jeff Lehman Hotel Industry TL 12/31/13 12/31/2013 Commission Keith Men in Hotel Industry 12/31/2013 City Commission Margaret Benua At-Large 12/31/2014 City Commission (Peggy) Micky Ross Steinberg At-large 12/31/2013 City Commission Steven Adkins At-large 12/31/2014 City Commission Position/Title Applicants Position/Title Albert Mertz Brian Richard Charles Million Christopher Amisano Christy Farhat Dona Zemo George Castillo Israel Sands Jeffrey Graff Jonathan Porcelli Karen Brown Laure Mckay Natalie Koller Friday, June 28,2013 """""~··· ..... ........................ ··--··--~·-" Antoinette Zel Calvin Kohli Christine Taplin Christopher Todd Diana Fontani Martinez Eric Lawrence Harold Foster James Lloyd Jennifer Diaz Joshua Wallack Karlene Mcleod Natalia Datorre Seth Feuer 906 12/31/16 12/31/13 12/31/13 12/31/15 12/31/17 12/31/15 12/31/14 Board and Committees Steven Gonzalez Zahara Mossman Friday, 907 Waterfront Protection Committee Sec. 2-190.122 Composition: The committee shall consist of: seven (7) voting members, one appointed by the Mayor and each Commissioner, and three (3) non- voting ex-officio members to be comprised as follows: 1) Seven (7) citizens having an interest in the preservation of the city's beaches and the purposes of the committee, 2) The city's environmental specialist as an ex-officio member, 3) An individual appointed by the Miami Dade County Department of Environmental Resources Management (DERM), Natural Resources Division who holds the position of Special Projects Administrator II as an ex-officio member and, 4) A member of the city's Beach Patrol. City Liaison: Elizabeth Wheaton 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 Flynn Joe Fisher Margarita Wells Applicants Alan Fishman Gisele Colbert Kimberly Eve Silvia Rotbart Hershkowitz 12131/2014 Commissioner Jerry Libbin 12/31114 Feldman 12/31/2013 Mayor Matti Herrera Bower 12/31/19 Krieger (TL 12/31/13) 12/31/2014 Commissioner Michael Gongora 12/31/13 Sunshine 12/31/2013 Commissioner Jorge Exposito 12/31/15 Kraft 12/31/2013 Commissioner Jonah M. Wolfson 12/31/16 Cahill 12/31/2013 Commissioner Ed Tobin ex-officio, Miami-Dade Co. Dept of Env. Res. Mgmt. ex-officio, City's Beach Patrol Lifeguard II ex-officio, City's Environmental Specialist Position/Title Applicants Andrew Fuller James Weingarten Luiz Rodrigues Position/Title 12/31/20 28, 2013 Page 59 of60 908 Sec. 2-186 Composition: The board shall consist of ten (10) members, seven (7) of whom shall be voting members affiliated with the Scott Rakow Youth Center. Two (2) student resident users of the facility shall serve as non-voting ex-officio members; one (1) of these student users must attend a middle school, and the other must attend a high school. The director of the office of children's shall serve as a non-voting ex-officio member. The chairperson of the Youth Center Advisory Board or his designee shall serve as a non-voting, ex-officio member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and Recreational Facilities Board. City Liaison: Ellen Vargas Vacancy: Name Annette Dana Esther Jeffrey Michael Paul Stephanie Maria Ruiz Applicants Aida EI-Matari Christy Farhat Friday, June 28, Last Name Cannon Turk en Egozi Choukroun Graff Burnstine Stein Rosen Position/Tide ex-officio student rep. of a Middle School ex-officio student rep. of a High School ex-officio Dir. of Children's Affairs Position/Tine Term Ends: Appointed by: Term Limit: 12/31/2014 12/31/2013 12/31/2014 12/31/2014 12/31/2013 12/31/2014 12131/2013 Applicants Commissioner Ed Tobin 12131/18 Commissioner Jorge Exposito 12/31115 Commissioner Michael Gongora 12/31/17 Commissioner Jerry Libbin 12/31/16 Commissioner Jonah M. Wolfson 12/31/19 Mayor Matti Herrera Bower 12/31/16 Commissioner Deede Weithorn 12/31/15 Position/Tine Andrea Lisa Travaglia Rebecca Diaz 909 City Commission Committaas Committoo Position First Nama Appointod 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. Friday, June 28, 2013 Page 1 of 1 910 NON-CITY COMMISSION COMMITTEES Mayor Herrera Bower • South Florida East Coast Corridor Coalition • U.S. Conference of Mayors • National League of Cities • Florida League of Cities • International Hispanic Network • International Women's Forum -Arva Moore Parks • FlU Wolfsonian Advisory Board • Greater Miami Convention and Visitors Bureau Executive Committee • Girl Power Honorary Member • Miami-Dade Metropolitan Planning Organization • Miami-Dade County Tourist Development Council • Citizens' Oversight Committee/lnterlocal Agreement for Public School Facility Planning MDC Commissioner Michael Gongora • Miami-Dade County League of Cities Commissioner Deede Weithorn • Miami-Dade County Homeless Trust Board Ricky Arriola • The Adrienne Arsht Center for the Performing Arts Center Trust Victor Diaz • Miami-Dade County Charter Review Task Force Mitchell Kaplan • The Adrienne Arsht Center for the Performing Arts Center Trust Richard Milstein • The Adrienne Arsht Center for the Performing Arts Center Trust F:\CLER\$ALL\a City Commission\Non City Commission Committees 060513.docx 911 THIS PAGE INTENTIONALLY LEFT BLANK 912 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 bers oft e City Commission FROM: Jimmy L. Morales, City Manager DATE: July 17, 2013 SUBJECT: BOARD AND COMMITTEE APPOI TMENTS -CITY COMMISSION APPOINTMENTS ADMINISTRATION RECOMMENDATION Make appointments as indicated. BOARDS AND COMMITTEES 1. Affordable Housing Advisory Committee (3 vacancies) 2. Design Review Board (1 vacancy) 3. Health Advisory Committee (1 vacancy) 4 Health Facilities Authority Board (1 appointment to be made-Attorney Position) 5. Miami Beach Cultural Arts Council (1 vacancy) 6. 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/cityclerklscroll.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 0 F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR July 17 13.doc 913 Agenda Item R tt AI Date J-n-l3 THIS PAGE INTENTIONALLY LEFT BLANK 914 R9 -New Business and Commission Requests R981 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R982 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.) AGENDA ITEM: R9B1-2 DATE: 7-11-/j 915 THIS PAGE INTENTIONALLY LEFT BLANK 916 R9 -New Business and Commission Requests R9C Update On The Miami Beach Convention Center Project. (City Manager's Office) 917 Agenda Item R q C. Date 7-/7-/3 THIS PAGE INTENTIONALLY LEFT BLANK 918 MIAMI OFfiCE OF THE MAYOR AND COMMISSION MEMORANDUM To; Jimmy Morales, City Manager from: Jonah Wolfson, Vice Mayor Dote: April 2"d, 2013 Re: Please place on the May 8, 2013, Commission Agenda em 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 ]a•, 2013, for the Convention Center RFQ. Should you have any questions, please contact Leonor Hernandez at Extension 6437. 919 Item Rq D -11-13 RESOLUTION TO BE SUBMITTED 920 <9 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 Wo Agenda Item R q E Date 1~11-13 921 THIS PAGE INTENTIONALLY LEFT BLANK 922 !AMI BE OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Jimmy l. Morales, City Manager Rafael E. Granado, City Clerk Jose Smith, City Attorney Jorge R. Exposito, Commissioner May 16, 2013 MEMORANDUM SUBJECT: Agenda item for June 5, 2013 Commission Meeting regarding Sutnick Hour Please place for discussion, the protocol of items the Commission may entertain during Sutnick Hour. I think it would be appropriate for us to discuss procedures and protocol moving forward. We trust that you will find all in good order. Should you have any questions, please feel free to contact my aide, Nattaly Cuervo at 6457. JRE/nc onrJ 923 THIS PAGE INTENTIONALLY LEFT BLANK 924 (9 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, Manager I FROM: Michael Gongora, Commissioner DATE: June 4, 2013 SUBJECT: Discussion Item for June 5 Commission Meeting Please place on the June Commission a discussion item regarding the Miami Herald Story regarding sewage on Meridian Avenue as well as the grease pan ordinance and other preventative measures to stop this from happening in the future. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 11 925 Agenda Item R q G- Date 7-1 '7 -13 THIS PAGE INTENTIONALLY LEFT BLANK 926 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: June 25, 2013 Re: Fee Waiver Request for the Sustainable Authentic Florida Conference, to be held in Miami Beach. October 23-25, 2013 Please place on the July 1ih, 2013 City Commission Agenda an item to request rental fee waivers for the use of the Colony Theater and the Miami Beach Botanical Gardens for the Sustainable Authentic Florida Conference, to be held in Miami Beach, October 23-25, 2013. I have attached the draft conference materials, as well as the request from the organizational committee. I thank you in advance for your attention to this matter. Should you have any questions, please contact Gabrielle Redfern at extension 6157. MHB/ fgr 927 Agenda Item R q If Date 1-11~13 Miami Beach Co June 21, 2013 945 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA 33139 smee 19fl ~~ads~~-~-11~. '[){QelzJe To: Mayor Matti H. Bower CC: Members of the City Commission Fr: Denis A. Russ Re: Sustainable and Authentic Florida Conference T -305-538-0090 F-305-538-2863 Request for Rental Waiver at Colony Theater and Botanical Gardens Dear Mayor Bower and Commissioners: This will request rental fee waiver for the use of the Colony Theater and the Miami Beach Botanical Gardens for the Sustainable Authentic Conference in Miami Beach, October 23- 25, 2013. We are very pleased to update you on plans and activities for the 2013 Sustainable and Authentic Florida Conference, in Miami Beach. In order to successfully pursue grant and funding support we have separated from official City of Miami Beach board I committee structure, but have retained the mission and goals established in the original appointment by the Mayor of the Conference Host Committee. We plan for day one to be held at the MDPL Art Deco Welcome Center and the program and activities will focus upon both the preservation and development of the Miami Beach Art Deco District and the current emerging role of Miami Beach in fostering green and sustainable goals and practices. Day two. at the Colony Theater, we will present aspects of the history, development, cultural endowment and the opportunities and challenges facing Greater Miami, followed by an exploration of elsewhere in Florida -Jacksonville, Orlando, Tampa. Then, in the third day we will come together at the Miami Beach Botanical Gardens and examine the value of a Metropolitan Narrative in projecting our place and guiding our future. Attached you will find the Conference Descriptive Narrative prepared by Herb Hiller and Caroline McKean and the current draft of the Conference Program Schedule which will continue to be updated. 928 The conference will look to tourism, urban narrative and community at the crossroads of who we are and where we are and with a fresh outlook for these creative times. The conference will ask: • How can the creatively-inspired economic renewal of Miami Beach serve as a model for the Miami mainland and Florida? • What becomes the metro Miami narrative when viewed through 10,000 years of history from the Miami Circle to Art Basel? • At a time when Florida's main markets for tourism and investment grow increasingly urban, place-focused and creatively driven, how might urban florida better tell its own authentic story? • How might authentic Florida narratives better serve Florida interests? Sincerely, 6/"l)ell/6 A. i6eu Denis A. Russ, Host Committee Chair 2013 Sustainable Authentic Florida Conference in Miami Beach 929 Tourism, metro narratives, and community A fresh outlook for these creative times Miami Beach will host the 2nd annual Sustainable Authentic Florida Conference October 23-25. Conference theme is the value of metro narratives for attracting visitors, newcomers and entrepreneurs from among populations relocating into American cities elsewhere. Conference sessions will start from the successful turnaround of Miami Beach based in Art Deco buildings that captured visitors and entrepreneurs from around the world. Panelists will look for practical advantage from what's real and appealing about Florida's own cities Does sprawling Miami, let alone Jacksonville, Orlando or Tampa Bay, resonate for people who prize green neighborhoods of timeless buildings, space for easy social connections, for art and performance, local shopkeeping, and for getting around by transit, foot and bike? "It used to be that travelers went looking for where the locals hang out," says conference director Herb Hiller. "Today's super connected generation wants to hang out with them whether they're vacationing or looking for where to start a new business. "As Americans increasingly flock to cities, 'place' -that quaintly European notion-newly counts." Confirmed conference panelists include Bob McNulty, founder and president of Partners for Livable Communities, Washington, D.C.; Dorothy J. Fields, Ph.D., founder of the Miami Black Archives Foundation, Miami; Bruce Stephenson, Ph.D., director, Masters of Planning for Civic Urbanism, Rollins College, Winter Park, and John Stuart, Ph.D., Chairman, Department of Architecture, Florida International University, Miami. "The conference is about finding metro narratives," says Hiller. "It's not about branding. Brooklyn isn't a brand. Vancouver isn't a brand. They're places that compel by their livable buzz. People look for livability tweets." Conference host chairman Denis [cq] Russ of the Miami Beach Community Development Corporation says the program will also hold Miami Beach out as one of America's leading green cities. "What's more creative than dealing with sea-level rise in a city with an average elevation of four feet?" Conference sponsors include the Greater Miami Convention & Visitors Bureau, Miami Beach Chamber of Commerce, the Miami Design Preservation League, University of Miami School of Architecture, and the energy efficiency and management company Ameresco. For further information about the conference and to register http:l/www.s ustain• :::;.;;~='::"'~~~~~~"""- DRAFT 349 w SAFL Description_DAR 930 Tourism, metro narratives, and community A fresh outlook for creative times October 23-25 2013 ! Miami Beach Sustainable Authentic Florida 2013 Preliminary Conference Schedule Wednesday, October 23 Draft-06-10-2013 ( •confirmed speakers; *invited or to be invited) 10:00 AM 12:00 PM Pre Conference Activity Options Hosted Lunch and Registration •Welcome: Hon. Matti Herrera Bower, Mayor, City of Miami Beach, GMCVB President & CEO William D. Talbert Ill •Introductions: Conference Coordinator, Denis Russ, Miami Beach CDC *Award to Ed Chiles, Manatee County •Herb Hiller, Conference Director Miami Beach and the Rise of Authentic Florida Narratives 2:00 Miami Beach, Preservation and the Arts •Moderator: Charles D. Urstadt, Chairman, Miami Design Preservation League •George Neary, Cultural Tourism Director, Greater Miami Convention & Visitors Bureau. •Herb Sosa, Cause Marketer *Michael Spring, Director, Miami-Dade Council of Cultural Arts 3:00 Break 3:15 Miami Beach, Green and Sustainable *Moderator •Tracey E. Gallentine, Senior Account Executive, Ameresco: Energy Efficiency/Renewable Energy •Elizabeth Wheaton, Miami Beach Environmental Resources Manager •Brian Scheinblum, Cambean Hospitality, Chairman, Miami Beach Chamber of Commerce Sustainability Business Council 4:15 Q&A 4:45 Hosted tours of the Miami Beach Art Deco District by Miami Design Preservation League 6:30 Hosted dinner and evening, Espanola Way 931 Thursday, October 24 9:00AM 9:30 9:45 10:15 11:30 12:00 1:00PM 2:00 3:30 •Robert H. McNulty, Founder and President, Partners for Livable Communities Keynoter: Metro Narratives to Attract Creative Visitors, Newcomers and Investors *Comment: Elizabeth Trice, 2° Portland (Maine) Q&A *Moderator, Kevin McGeever, VISIT FLORIDA Four takes on a Metro Miami Narrative •Dorothy J. Fields, Ph.D., Founder, Black Archives History and Research Foundation, Inc. of Greater Miami: Diversity *Mitchell Kaplan, Books & Books: Endless re-invention and pop culture *Elizabeth Plater-Zyberk, Dean, University of Miami School of Architecture: Sourcing the New Urbanism *Speaker to be invited on Miami as "Capital of Latin America" Q&A Hosted buffet or box lunch *Moderator, Kevin McGeever, VISIT FLORIDA A Survey of Metro Narratives elsewhere through Florida *Wayne W. Wood, Han. A1A, downtown civic activist; Jacksonville •Bruce Stephenson, Director, Masters of Planning for Civic Urbanism, Rollins College; Orlando *James Moore, Director of Planning, HDR Architecture's International Program, Tampa Bay Q&A •Paul George, Ph.D., HistoryMiami, hosted boat tour of the Miami River Dinner to be determined Friday, October 25 9:00AM *Moderator Sourcing, Strengthening, Applying and Evaluating Metro Narratives •John Stuart, Ph.D., Chairman, Department of Architecture, Florida International University, assisted by graduate students *Paul T. Lehr, Executive Director, National YoungArts Foundation *Elizabeth Trice 10:30 Break 10:45 Facilitated discussion and next steps 11:45 Close *Special presentation: John Moran, Gainesville •Denis Russ, Community Development Director, Miami Beach CDC •Caroline McKeon, Associate Conference Director, Florida Journeys Communications •Herb Hiller, East Coast Greenway Alliance Thereafter: Post Conference Activity Options oOo 932 www,;;usloinableoulhenlicflorido.com SPONSORSHIP SOLICITATION Miami Beach Community Development Corporation in association with the East Coast Greenway Alliance and Florida Journeys Communications is proud to present the Second Annual Sustainable Authentic Florida Conference October 2013 in Miami Beach. Conference presenters come from education, the arts, business, and planning. The conference will be important and well attended by stakeholders from across Florida. Sponsorship opportunities are available to businesses and organizations that want to show their support for the conference vision and to increase their visibility among Floridians who share this vision: Authenticity advances sustainability for Florida's future. Your sponsorship will enable us to offer conference registrants an exceptional event that will be both experiential and interactive. Sponsors will be recognized according to their level of participation. Diamond Emerald Platinum Gold Silver Bronze* Bronze and lower level sponsors identified by name only (without logo). To discuss sponsorship in greater detail and to pledge your support, please contact: Denis Russ, Director Miami Beach Community Development Corporation Sustainable Authentic Florida Conference 2013 Denis@ MiamiBeachCDC.org 305-672-4782 933 SPONSORSHIP PLEDGE Thank you for your generous donation to Miami Beach Community Development Corporation the Sustainable Authentic Florida Conference 2013. The Conference will be an important, well attended event with participation by stakeholders from across Florida. Name of Organization-------------- Contact Name~--------------- Street Address---------------- City, State, Zip Code------------- Contact Phone Number------------- Contact Email Address-------------- Donation Level: Diamond $30,000 Emerald $20,000 Platinum $ 10,000 Gold $ 5,000 Silver $ 2,500 Bronze $ 1,000 Other Please make checks payable to Miami Beach Community Development Corporation with the note "Sustainable Authentic Florida Conference 2013". Mail to: Denis Russ Miami Beach Community Development Corporation 945 Pennsylvania Avenue Miami Beach, FL 33139 For Diamond, Emerald, Platinum, Gold and Silver sponsors, please email your high resolution logo to caroline@floridajourneys.com You will receive a receipt for your donation by postal mail. Thank you for your support! 934 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: June21,2013 Re: AGENDA ITEM FOR JULY 17, 2013 CITY COMMISSION MEETING Please place on the July 17, 2013 City Commission Agenda an item for you to report to the City Commission the status of the Flagstone Island Gardens Project planned for Watson Island. I thank you in advance for your attention to this matter. Should you have any questions, please contact Gabrielle Redfern at extension 6157. MHB/ fgr 935 Agenda Item R '1 I Date /-ll-13 THIS PAGE INTENTIONALLY LEFT BLANK 936 IBE OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Jimmy L. Morales, City Manager Rafael E. Granado, City Clerk Jose Smith, City Attorney Jorge R. Exposito, Commissioner June 27, 2013 Agenda item: For July 17, 2013 MEMORANDUM Please place for discussion on the July 1ih Commission Agenda with respect to the Hotel, Marina and 600,000 square foot mall planned for Watson Island. The purpose of the discussion item is to direct administration to research the impact of this project to traffic entry into Miami Beach and any effect on our businesses. We trust that you will find all in good order. Should you have any questions, please feel free to contact my Aide, Nattaly Cuervo at #6457. JRE/nc committed ro 937 R'fT Date 1-fl-13 THIS PAGE INTENTIONALLY LEFT BLANK 938 ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager and FROM: Michael Gongora, Commissioner DATE: June 27, 2013 SUBJECT: Discussion Item for July 17, 2013 Commission Meeting Please place on the July 17 Commission meeting agenda a discussion to direct the City of Miami Beach Manager and Attorney meet with City of Miami concerning the Watson Island development proposed by Flagstone Property Group and Related Companies and to take any and all steps necessary to safeguard Miami Beach residents quality of life including taking legal action, if necessary. This development will cause increased traffic that will clog the MacArthur Causeway as a result of the reconfiguring of this public/private venture. According to a traffic analysis study done by Parsons Brinckerhoff in 2009, that says about 16,000 vehicles travel each day to and from the Port of Miami through downtown streets -which 28 percent or 4,480 vehicles are cargo trucks. The volume is expected to increase to 70,000 vehicles per day by 2033. The proposed Watson Island development has been recently re-configured to more than qouble the amount of proposed retail from 220,000 square feet to 500,000 square feet; add an additional 100 hotel rooms (from 605 to 705) and add a 100,000 square foot convention center. There is no regional traffic study or analysis supporting this increase in usage. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 939 Agenda Item R 'i K Date 1-ll-13 THIS PAGE INTENTIONALLY LEFT BLANK 940 t; City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139, www.miamibeachfl.gov OFFICE OF THE CITY MANAGER NO. LTC# 235-2013 LETTER TO COMMISSION TO: FROM: DATE: Mayor Matti Herrera Bower and Mem Jimmy L. Morales, City Manager July 9, 2013 SUBJECT: Hispanic Affairs Committee Motion o Hispanic Heritage Month Please place an item on the July 17, 2013 agenda to discuss the following recommendation or possibly adding an additional event. The Hispanic Affairs Committee, on Monday, May 6, 2013, unanimously passed a motion to recommend increasing the Miami Beach Parks & Recreation Department's Hispanic Heritage Month event budget in an amount of up to $15,000 to be used at their discretion to enhance the annual Hispanic Heritage Month event; such as, including more rides and entertainment. JLM:NR c: Mark Taxis, Assistant City Manager Kevin Smith, Director, Parks & Recreation Department Members of the Hispanic Affairs Committee Agenda Item R q L Date 7-ll-13 THIS PAGE INTENTIONALLY LEFT BLANK 942 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Michael Gongora, Commissioner DATE: June 29, 2013 SUBJECT: Discussion Item July 17 Commission Meeting Please place on the July Commission meeting agenda a discussion item involving the red light cameras in Miami Beach in light of a new state law that goes into effect on July 1, 2013.The new law states that drivers caught by a red-light camera have the right to contest their citations before a special local hearing board. I would like to re-examine our red light cameras system overall as I also understand that they are providing less revenue than anticipated. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 943 Agenda Item R q M Date 1-11-13 THIS PAGE INTENTIONALLY LEFT BLANK 944 MIAMIBEAC OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy L. Morales, City Manager CC: Jose Smith, City Attorney FROM: Jonah Wolfson, Commissioner DATE: July 1st, 201 3 SUBJECT: Discussion Item for July 17'h Commission Meeting Please place on the July 17'h, 2013 Commission Agenda an item to discuss obtaining a full release by BOTH bidders to the Convention Center Project, South Beach ACE Tishman UIA OMA and Portman-CMC stating that: If they are not selected, they will not sue and will have zero recourse against the City of Miami Beach; and that if they are selected and the City of Miami Beach decides to cease negotiations with them for any reason whatsoever, they will not sue the City of Miami Beach and will have zero recourse against the City of Miami Beach. If you hove any questions, please do not hesitate to contact my office at extension 6437. 945 lt®m R 'r rJ iJate 1-\l-tS THIS PAGE INTENTIONALLY LEFT BLANK 946 MIAMI BEACH OFFICE OF THE CITY CLERK LTC No. 227-2013 LETTER TO COMMISSION TO: Mayor Matti Herrera Bower and Members of the City Commission FROM, Rafael E. Granado, City Clerk rv::J\ CC: Jose Smith, City Attorney Jimmy L. Morales, City Manager DATE: July 3, 2013 SUBJECT: Certification Of Signed Petitions Submitted By "Let Miami Beach Decide," a Political Committee, Petitioning The City Commission To Submit To The Electors Of Miami Beach Amendments To Section 1.03 Of The Miami Beach City Charter Pursuant to Section 7.04 of the Miami Beach City Charter and Section 6.03(A) of the Code of Miami-Dade County, on June 12, 2013, the City Clerk transmitted the original signed petitions submitted by "Let Miami Beach Decide," a Political Committee, to the Miami-Dade County Elections Department to determine if the petitions had been signed by ten percent (1 0%) of the qualified electors of the City of Miami Beach. According to the Miami-Dade County Elections Department, as of June 12, 2013, the City of Miami Beach had 43,963 registered voters, thus requiring the signatures of 4,396 qualified electors to call for an election to amend the City Charter. The Miami-Dade County Elections Department has completed the comparison of signatures on the submitted petitions against signatures on the voter rolls for the City of Miami Beach, and has determined that out of the total7,432 signatures submitted, 5,329 are certified as matching the signatures on the voter rolls of the City of Miami Beach. A copy of the Certification is attached hereto. Accordingly, the City Clerk will formally present to the City Commission at the July 17, 2013 Commission Meeting the attached Elections Department Certificate evidencing that the subject initiative petition contains the requisite amount of signatures. If you have any questions, please contact me at Extension 6451. REG/Ih CC: "Let Miami Beach Decide," a Political Committee Attachment F:\CLER\CLER\OOO_ELECTION\0000_2013 General Election\INITIATIVE PETITION FORMS\L TC Re Certification of Let Miami Beach Decide petition.doc We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community Agenda Item R ~ 0 947 Date 7-l/-13 miamidade.gov July 2, 2013 Rafael E. Granado City Clerk City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Dear Mr. Granado: Elections 2700 NW 87th Avenue Miami, Florida 33172 T 305-499-8683 F 305-499-8547 TIY: 305-499-8480 The Miami-Dade Elections Department has completed the comparison of signatures on the submitted petitions against the signatures on the voter rolls for the City of Miami Beach. A total of 7432 petitions were submitted and reviewed. Of the total 7432 petitions, 5329 are certified as matching signatures on the voter rolls of the City of Miami Beach. The Miami-Dade Elections Department did not review the petitions for any other purposes, including, but not limited to compliance with State, County and Municipal law. As such, please find the certification for the signature review enclosed. Should you have any questions or concerns, please feel free to contact Rosy Pastrana, Deputy Supervisor of Elections for Voter Services at 305-499-8548. Enclosure (1) 948 miamidade.gov OF FLORIDA) COUNTY MIAMI-DADE) 2700 NW 87th Avenue Miami, Florida 33172 T 305-499-8683 F 305-499-8547 TTY: 305-499-8480 Elections of Miami-Dade by_~~~==~~~==~~~~ MY HAND AND OFFICIAL AT MIAMI, MIAMI-DADE COUNTY, ON THIS 2nd DAY JULY, 2013 949 THIS PAGE INTENTIONALLY LEFT BLANK 950 m MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Jimmy Morales, City Manager Jerry libbin, Commissioner Jrl July 8, 2013 MEMORANDUM SUBJECT: Agenda item for the July 17, 201 3 Commission meeting; Please place on the July 17th Commission agenda, a discussion to immediately reinstate the fee waiver for sidewalk cafes in North Beach. It has come to my attention that cafes have been paying the sidewalk cafe fee of $20 per square foot as well as the concurrency fee of $400 per chair. These fees had been waived by the Commission to stimulate business in North Beach, and it is my understanding that this waiver should still be in effect. Please contact my office at ext. 7106 if you have any questions. JL/er VVc om committed lo exceiicml service: <:m~,:i lo of! who live>, work, in our vibronJ 951 Agenda Item R q P Date 7-17-/3 THIS PAGE INTENTIONALLY LEFT BLANK 952 lt\ 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 M FROM: Jimmy L. Morales, City Manager DATE: July 17, 2013 SUBJECT: A REPORT ON THE 2013 FLORID LEGISLATIVE SESSION ANALYSIS City of Miami Beach critical Legislative Priorities. Beach Renourishment The state budget funds beaches at $37.5 million dollars, including mostly projects that were damaged in Hurricane Sandy and Tropical Storm Debby. This leverages approximately $162 million in federal and local match dollars. While Miami Beach did not suffer any impacts from these storms, it is important to see storm-damaged projects funded for purposes of precedent. City of Miami Beach officials met with Department of Environmental Protection (DEP) staff during Miami-Dade Days to discuss the Miami Beach project and the availability of sand for future renourishment. The Department updated City officials on the status ofthe sand study currently being conducted by the Army Corps of Engineers regarding the St. Lucie Shoal and City officials reiterated their concerns regarding the need for a long term plan for a viable sand source regardless of where the source is located. Sea Level Rise The Palm Beach, Broward, Miami-Dade, and Monroe County Delegations held a joint delegation meeting to discuss sea level rise on February 13. Delegation members heard presentations regarding the work of the counties and other stakeholders involved in the Southeast Florida Regional Climate Change Compact. City of Miami Beach officials met with the Department of Economic Opportunity (DEO) during Miami-Dade Days regarding DEC's Community Resiliency Initiative. The City agreed to participate in a Focus Group DEO is currently conducting on this issue. Business Tax Receipts The House Finance and Tax Subcommittee, chaired by Representative Workman, held several meetings on the local business tax and worked on a bill, HB 7109, to simplify the tax. Agenda Item R q G. 953 Date 1-11-13 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page2 of14 The final draft would have allowed counties to levy the local business tax only in the unincorporated area and would have collapsed the number of categories for the local business tax down to three. This caused the Florida Association of Counties and some individual counties to stand in opposition to the bill. However, there was no Senate bill on the local business tax and HB 7109 died in committee. Stadium Funding HB 165 by Representative Gonzalez and SB 306 by Senator Braynon would have created the new category of "professional sports franchise renovation facility" under s. 288.1162, F.S. A facility that met certain requirements and was certified by the Department of Economic Opportunity would have been eligible for a sales tax distribution payment of $3 million per year. The bills would have allowed a county that levies the charter county convention development tax under s. 212.0305( 4 )(b), F .S., to levy the additional professional sports franchise facility tourist development tax under s. 125.01 04(3)(n), F.S., although a referendum would have been required. The bills also would have expanded the allowable uses of the additional professional sports franchise facility tourist development tax. The legislation did not allow for the use of funding for which the convention center project would have been eligible. The bills also would have required private contributions by the professional sports facility as a condition for the use of tourist development taxes. An existing franchise would also have been required to execute a 20 year commitment in writing. This legislation was quite controversial in the House, with several Miami-Dade County delegation members opposed to the legislation. Some delegation members asked for and received amendments to the bill to resolve their concerns, including an amendment that provided for the future repayment of the sales tax distributions, among other amendments. However, Representatives Bileca, Trujillo, and Oliva in particular remained opposed to the legislation. The legislation was less controversial in the Senate, although the Senate bill was amended to repeal an international banking tax credit that added to the bill's controversial items. The Senate also expanded the bill to create a process for all professional sports facilities to compete for a pot of money at the state level. DEO would have reviewed applications and awarded dollars based on the economic impact of the facilities. This was done to alleviate concerns that the bill was tailored for only one facility. While SB 306 passed the Senate, HB 165 ultimately died in committee. House committees had concluded their meetings by the time the House received SB 306. Initially, there was speculation that a special committee meeting would be called to hear SB 306; however, this never occurred. Near the end of session, provisions of the stand-alone bills were amended onto SB 1828, a Department of Revenue tax package, and HB 7127, the Department of Transportation's legislative package (which was expanded with an amendment on sine die to include economic development provisions). Both of those bills died as well. 954 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page3 of14 BUDGET ISSUES The Legislature presented the Budget to the Governor on May 9, 2013. The Governor has until May 24, 2013 to act on the budget. Budget items of note that are important to the City of Miami Beach include: Beach Restoration Funding Please see discussion of critical legislative priorities. Affordable Housing This year, funding for affordable housing moved outside the budget in legislation related to the National Mortgage Settlement. SB 1852 passed both chambers and goes next to the Governor for final action. It funds the State Apartment Incentive Loan (SAIL) Program at $60 million, including $25 for the elderly, $25 for extremely low-income persons, and $10 million for rental developments in which 1 0 percent to 25 percent of the units are designed for persons with developmental disabilities. It also funds the State Housing Initiative Partnership (SHIP) Program at $40 million. Film and Entertainment Last year, the Legislature allocated $42 million in new film and entertainment tax credits. Those were committed within an hour of the "first-come-first-served" allocation process. The Legislature has expressed concern with the allocation process and the fact that there is no Return on Investment criteria. This concern extends to all incentive programs. As a result, there are no new credits in this year's budget. A coalition of stakeholders, including City of Miami Beach team members, worked to secure new credits during the budget conference process. We remain optimistic that the Legislature will return to funding new film and entertainment tax credits once Return on Investment criteria are in place. LEGISLATIVE PRIORITIES Firearms The City of Miami Beach supports legislation that requires a background check on all firearm transactions. HB 1343 by Representative Berman and SB 1640 by Senator Sachs would have provided for this. However, neither bill received a hearing and both bills died in their first committee of reference. There were numerous bills filed relating to various firearm policies. Most did not receive a hearing. However, HB 407 by Representative Ingram relating to criminal gang prevention and HB 1355 by Representative Barbara Watson relating to the purchase of firearms by mentally ill persons did pass. While these bills do not include additional background check provisions, they are worth noting: 955 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page4 of14 HB 407 by Representative Ingram does the following: • Increases the penalty for violating s. 810.0975(2), F.S. (trespassing in school safety zones), from a second degree misdemeanor to a first degree misdemeanor if the person has previously been convicted of any offense contained in chapter 87 4, F.S. (relating to criminal gangs); • Amends s. 87 4.05, F .S., to make it a second degree felony, ranked in Level 5 of the offense severity ranking chart, for a person to intentionally cause, encourage, solicit, or recruit another person under the age of 13 to become a criminal gang member where a condition of membership or continued membership in the commission of any crime. The bill makes second or subsequent violations of this provision a first degree felony, ranked in Level 7 of the offense severity ranking chart; • Authorizes jails to designate an individual to be responsible for assessing whether each inmate is a criminal gang member or associate and to transmit information on inmates believed to be criminal gang members or associates to the arresting law enforcement agency; and • Amends the criminal gang multiplier ins. 921.0024, F.S., so that the multiplier can be applied with a finding by the judge (rather than the jury) that the defendant committed the offense for the purposes of benefitting, promoting, or furthering the interests of a criminal gang in instances where the lowest permissible sentence does not exceed the statutory maximum sentence for the offense. HB 1355 by Representative Barbara Watson bans those who have been adjudicated mentally defective or involuntary committed to a mental institution from purchasing firearms. It does not require additional background checks to those already required under federal law. However, it does require those background checks that are conducted to include a determination as to whether the person has been involuntarily committed and prohibits those persons from purchasing firearms if they have been determined by a physician to be an "imminent danger" to themselves or others. The Florida Department of Law Enforcement's (FDLE's) Mental Competency (MECOM) database will allow the Department to include this factor in the background checks it conducts through its Firearms Purchase Program (FPP). Elections See above discussion of Elections Review in the House and Senate Priorities Section on page 4. Pension Reform SB 458 by Senator Ring and HB 1399 by Representative Rooney were an attempt to provide some flexibility in how insurance premium taxes are used to pay for pension benefits; however, the provisions were complicated. Also, the final version ofthe Senate bill locked in police and fire pensions at 1999 benefit levels. The League of Cities was strongly opposed to this bill. SB 458 passed the Senate but died in House messages. HB 1399 was not heard by the House Appropriations Committee and died in this committee. We provided 956 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page5 of14 support to the League of Cities in its efforts to oppose the last-minute Senate amendments and worked with a coalition of affected governments to make our opposition to the amendatory language known to key House members. SB 534 by Senator Brandes (HB 599 by Representative Caldwell) is discussed in the House and Senate Priorities Section above on page 3. The League of Cities opposed this bill, but the sponsors gave the League several amendments to resolve some of their concerns. Parking Meters SB 1132 by Senator Brandes was laid on the table in favor of HB 7127 by the House Transportation and Highway Safety Subcommittee and Representative Artiles. However, HB 7127 died in House returning messages after it was significantly amended to expand the scope of the bill. The amendment was released in the afternoon of sine die and it contained several transportation issues in addition to various economic development issues, including stadium provisions. The Senate adopted the amendment and passed the bill, but the House did not take up the amended bill. The last version of HB 7127 contained a study relating to parking meters that would have been used as the basis for legislation next year. It would have detailed how much money is collected through parking meters in Florida, where they are located, and for what purposes the money is currently used. It also would have provided for a moratorium on the installation of new parking meters. Additionally, it would have provided that if a city does not provide data for purposes of the study, the Department of Transportation could remove the city's parking meters. Windstorm Insurance SB 1770 passed both chambers after having been significantly amended. As passed, the bill does the following: • Renames the "Florida Hurricane Catastrophe Fund Finance Corporation" (CAT Fund) to the "State Board of Administration Finance Corporation." • Extends the CAT Fund assessment exemption for medical malpractice until May 31, 2016. • Repeals outdated language for the $1OM additional coverage for specified insurers and the Temporary Emergency Options for Additional Coverage. • Exempts Citizens from "exchange of business" restrictions to facilitate the operations of the clearinghouse. • Prohibits a public adjuster from receiving compensation from any source over the statutory fee cap. Applies disciplinary provisions in current law to public adjusters who violate the statutory fee caps through any maneuver, shift, or device. • Repeals 10% Public Adjuster fee cap on Citizens' claims which results in a fee of 10% for initial hurricane claims made the first year, 20% for initial claims made in subsequent years and 20% for all reopened and supplemental claims. 957 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page 6 of14 • Requires a public adjuster to meet with the insurer to try to settle and prohibits a public adjuster from acquiring any interest in salvaged property unless the policyholder consents. • Adds a professional structural engineer to the Florida Commission on Hurricane Loss Projection Methodology. • Reduces the maximum Citizens' policy limit from $2 million to $1 million and further reduces this amount by $100,000 a year for 3 years to $700,000. Allows for an exemption in certain counties the Office of Insurance Regulation (OIR) determines does not have reasonable degree of competition. • Prohibits Citizens from covering structures commencing construction after July 1, 2014, seaward of the coastal construction control line. • Allows the Governor of Florida to appoint a consumer representative to the Citizens Board of Governors in addition to the current two appointments. • Clarifies a private company's offer within 15% of Citizens' rate for a new policy and no greater than current rate for a renewal makes the policy ineligible for coverage with Citizens. • Requires Citizens disclose potential surcharge and assessment liabilities with each renewal notice. • Allows insurers who take policies out of Citizens to use Citizens' policy forms for three years without approval from the OIR to use the forms. • Establishes an office of Inspector General at Citizens to be appointed by the Financial Services Commission. Representative Richardson had a stand-alone bill that also would have accomplished this. His bill, HB 433, passed the House but died in Senate messages because its companion, SB 386 by Senator Abruzzo, did not receive a hearing and died in its first committee of reference. • Requires Citizens to prepare an annual report on Citizens' loss ratio for non- catastrophic losses on a statewide and county basis. • Subjects Citizens to the purchasing of commodities restrictions under section 287.057. • Establishes the Citizens clearinghouse by January 1, 2014. • Requires the establishment of a process to divert commercial residential policies. • Participating companies must either appoint the agent of record or offer a limited servicing agreement. • Agents are to be paid Citizens commission or the company's standard commission, whichever is greater. • Clarifies that the 45 day notice of nonrenewal applies to policies submitted to the clearinghouse. • Independent and Captive agents are granted and must maintain ownership of records including policies placed in Citizens. • Captive companies are allowed to approve their agents limiting servicing agreements with each participating company. • Requires the CAT Fund and Citizens submit to the Legislature and Financial Services Commission an annual report for the upcoming storm season. 958 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page 7of14 Red Light Cameras Stand-alone legislation related to red light cameras did not pass. However, provisions were amended onto the Highway Safety bill, HB 7125 by the House Transportation and Highway Safety Subcommittee and Representative Raburn, which did pass. HB 7125 revises the procedures related to red light camera enforcement. The bill provides a 60 day period in which a person must pay the fine, identify another driver that was in control of the vehicle, or request a hearing before a local hearing officer. Enforcement of right turns on red is restricted, although not completely prohibited. The bill provides that a driver cannot be issued a citation if he or she came to a complete stop, even if the driver came to a complete stop after crossing the stop line. Destination Resorts/Gaming Bills HB 155 by Representative Trujillo prohibiting electronic gambling devices was the only gaming-related legislation to pass this session. Governor Scott signed this legislation on April1 0, 2013. The bill prohibits internet sweepstakes cafes, as well as certain other gaming as conducted at "adult arcades" and elsewhere. The Florida Arcade Association is challenging this law on behalf of adult arcades. The House and Senate each set up select committees to study gaming issues. The Senate President and Speaker of the House also commissioned a study of the social and economic impact of gaming in Florida, which will be conducted by Spectrum Gaming Group and is due October 1, 2013. More comprehensive gaming legislation is expected during the 2014 Legislative Session. Synthetic Drugs HB 619 by Representative Ingram was laid on the table and SB 294 by Senator Bradley passed both chambers and goes next to the Governor for final action. SB 294 codifies the Schedule I scheduling of the substances listed in the Attorney General's emergency rule as well as further additional substances, which are commonly used in making "bath salts." Persons who engage in certain unlawful acts involving these substances will be subject to arrest and prosecution under this bill. Texting and Driving HB 13 by Representative Holder was laid on the table and SB 52 by Senator Detert passed both chambers and goes next to the Governor for final action. SB 52 prohibits the operation of a motor vehicle when operating a wireless communications device for certain purposes. Online Hotel Tax and Sales Tax Collections There was no legislation on this issue during the 2013 Legislative Session. 959 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page Bof14 Living Wage/Domestic Partnerships HB 655 by Representative Precourt and SB 726 by Senator Simmons were high-profile bills that differed throughout most of the legislative session. HB 655 was drafted to preempt local governments from requiring employers to provide certain benefits. It provided specifically that living wage ordinances would sunset in 2016. By contrast, SB 726 contained a preemption relating to leave benefits but did not preempt living wage ordinances. The Senate bill initially contained additional provisions in state law that would provide certain leave benefits to employees statewide. However, it was amended to replace those additional benefits with a study group that would examine the issue and make recommendations to the Legislature. This was done at Senator Latvala's request. The bill sponsors were in negotiations during the final days of session attempting to reach a deal on this legislation. Rutledge Ecenia worked with a coalition of stakeholders to urge Senator Simmons and other Senators to keep the provisions of HB 655 off SB 726. Representative Richardson and Senator Margolis both worked actively on this issue. The Senate laid SB 726 on the table and amended HB 655 to generally preempt the provision of leave and wage benefits to the state; however, it allowed local governments to provide additional benefits for its employees and to require additional benefits in their contracts, so this version of the bill is protective of the City of Miami Beach's living wage and domestic partnership ordinances. Upon being amended, HB 655 passed the Senate. Initially, the House refused to concur in the Senate amendment and requested the Senate to recede from its position. We again worked to urge Senators not to recede from their position. The Senate again refused to accept the House language and sent the bill back to the House for a second time. This time, the House concurred in the Senate amendment and passed the bill. HB 655 passed both chambers with language that protects the City of Miami Beach's living wage and domestic partnership requirements. The bill goes next to the Governor for final action. HB 181 by Representative VanZant and SB 1118 by Senator Hays would have prohibited state and political subdivisions that contract for construction, maintenance, repair, or improvement of public works from imposing certain conditions on certain contractors, subcontractors, material suppliers, or carriers. They also would have prohibited the state and political subdivisions from restricting qualified bidders from submitting bids, being awarded any bid or contract, or performing work on public works projects. They also revise filing requirements for written protests to contract solicitations or awards. This legislation would have preempted living wage and domestic partnership ordinances. SB 1118 was temporarily postponed in its first committee. HB 181 did not receive a hearing. Both bills died in their first committees of reference. 960 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page 9of14 SESSION OVERVIEW-HOUSE AND SENATE PRIORITIES This year, the House and Senate took the unusual step of issuing a list of joint priorities, called "Work Plan Florida." This was a five point plan that included Ethics Reform, Campaign Finance Reform, Higher Education Reform, Pension Reform, and an Elections Review. The status of these priorities is as follows: Ethics Reform -SB 2 was signed by the Governor on May 1, 2013. The bill does the following: • Places elected officials' financial disclosures online; • Provides the Commission on Ethics more authority including the ability to garnish the public and private salaries of officials who fail to pay fines for ethics and elections violations; • Requires state officers to abstain from voting on matters that benefit them directly; • Requires ethics training for constitutional officers; • Places greater restrictions on public employment while in office; • Prohibits elected officials from accepting gifts from Political Committees (PCs); • Allows public officials to place assets in a blind trust to help avoid potential conflicts of interest; • Allows the use of certified public accountants or attorneys when preparing financial disclosures; • Provides for the filing of election complaints up to the day of an election, which is currently prohibited during the five days preceding an election; • Requires that complaints filed within 30 days of an election be based on actual knowledge of a violation, rather than hearsay, to stop the filing of frivolous politically- motived complaints; and • Bars current and former legislators from lobbying the Executive and Legislative branches for two years after leaving office. SB 4 allows the Commission on Ethics to initiate investigations based on referrals from the Governor, Department of Law Enforcement, State Attorneys, and U.S. Attorneys. Currently, the Commission can only act on a complaint filed by a citizen. This bill was presented to the Governor on May 7, 2013. The Governor has until May 22, 2013 to act on this bill. Campaign Finance Reform-HB 569 was signed by the Governor on May 1, 2013. The bill does the following: • Eliminates Committees of Continuous Existence (CCEs) on September 30, 2013 through a decertification process; • Provides for the continued operation of PCs and enhances the reporting requirements for PCs; • Provides that CCEs may make unlimited contributions to PCs before they are eliminated (it is anticipated that most CCEs will convert to PCs -although similar 961 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page 10of14 provisions exist for electioneering communications organizations, or ECOs, and some CCEs may convert to ECOs as well); • Increases the frequency of campaign finance reporting for candidates, PCs, and ECOs; • Prohibits candidates who switch races from "double-dipping" contributors for maximum contributions in both races; • Modifies the current $500 per election individual contribution limit for candidates as follows: $3,000 for statewide and Supreme Court candidates and $1 ,000 for other candidates; and • Subjects individuals seeking a publicly-elected position on a political party executive committee to a new reporting requirement. Higher Education Reform-SB 1076 was signed by the Governor on April22, 2013. The bill does the following: • Authorizes a state university that achieves 12 of 12 metrics to operate an Institute for Online Learning that offers fully online bachelor degrees programs at 75% of the tuition rate specified for Florida resident students. A state university that achieves 11 of 12 metrics is authorized to operate a University Enhancement Initiative; • Establishes the Complete Florida Degree Program, which is a pilot project for a formal program for online bachelor degree options in state universities, coordinated through the University of West Florida in collaboration with other state universities; • Authorizes the waiver of Florida College System tuition and fees for the purpose of offering bachelor degrees for state residents for which the cost of the degree program does not exceed $10,000; • Expands software applications for students with disabilities in pre-K through grade 12; • Establishes new mechanisms for students to demonstrate digital skills and knowledge, including the Florida Cyber Security Recognition and the Florida Digital Arts Recognition for elementary school students; • Provides performance expectations and funding incentives to reward education entities that align programs with economic demands; and • Revises high school graduation requirements for all students to increase student academic achievement and codifies Next Generation Sunshine Standards to reflect State Board adopted subject area standards. Pension Reform -SB 534 passed both chambers. This bill provides that the state is not liable for any obligation relating to any financial shortfalls in any local government retirement plan. The bill also specifies additional reporting requirements for public pension plans - excluding the Florida Retirement System -and provides that local plans that do not comply with the reporting requirements may jeopardize their revenue sharing funds. Each local government defined benefit retirement system or plan and plan sponsor that has a publicly available website must post certain information about the retirement system or plan on its website. The House and Senate also put forward legislation to address the State Retirement System, but those bills, HB 7011 by The House Government Operations 962 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page 11 of14 Subcommittee and Representative Brodeur and SB 1392 by Senator Simpson, stalled near the end of session. SB 1392 was laid on the table but HB 7011 was temporarily postponed on second reading and died on the calendar in the Senate. Elections Review-The Senate sent an amended version of HB 7013 to the House. The House amended the bill further and sent it back to the Senate, which passed the bill. The final compromise bill made the following changes: • Provisions allowing the Secretary of State to punish non-compliant Supervisors of Elections were removed; • Each Supervisor of Elections is required to post an election-preparedness report on its own website rather than filing it with the Board of County Commissioners; • Primaries will be held on the first Tuesday that the major political parties' rules allow for allocating delegates without penalty (the bill previously contained a "Presidential Primary Date Selection Committee"); • The crime of possessing more than two absentee ballots other than the voter's own ballot or those of immediate family members is now a first degree misdemeanor (this would previously have been a third degree felony); • The gift law and honoraria law apply to CCEs until September 30, 2013, when CCEs are decertified under the campaign finance legislation (HB 569, which has been signed by Governor Scott); • Late voter registration provisions for military voters have been expanded to include voters who have returned from a "military deployment" or "activation" as opposed to a "combat zone" or "forward-deployed area"; and • Voters seeking to cure an absentee ballot without a signature will be allowed to submit the required affidavit through 5 pm on the day before Election Day instead of 5 pm on the Sunday before, because some Supervisors offices may not be open to receive ballots on that final Sunday. The bill also allows for up to 14 days of early voting, including the Sunday before Election Day, and provides greater flexibility for Supervisors of Elections in choosing early voting sites. The list of eligible early voting locations is expanded to include stadiums and convention centers, and Supervisors will have the ability to add any one non-standard site as needed to accommodate voters. Each county is also required to provide at least as many early voting sites as were operated during the 2012 General Election. SESSION OVERVIEW-GOVERNOR'S PRIORITIES The Governor also had two significant priorities. Those were teacher pay raises and a sales tax exemption for manufacturing machinery and equipment. The status of those issues is as follows: Teacher Pay Raises-This year's budget, SB 1500, includes $480 million dollars for teacher salaries. By most reports, teachers can expect a $2,500 to $3,500 pay raise. Earlier 963 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page 12 of14 versions of the budget put off disbursement of pay raises until June 2014. However, as passed, the budget provides that school districts can disburse raises earlier as long as they are based in part on student performance. Sales Tax Exemption for Manufacturing Machinery and Equipment-HB 7007 passed both chambers and was presented to the Governor on May 9, 2013. The Governor has until May 24, 2013 to act on this legislation. Among many other provisions, this bill provides a sales tax exemption for certain manufacturing machinery and equipment used at a fixed location in this state. This provision is effective April30, 2014 until April30, 2017. Development Permits HB 7019 by the House Economic Development and Tourism Subcommittee and Representative Trujillo and SB 1840 by the Senate Military and Veterans Affairs, Space, and Domestic Security Committee initially required local governments to ensure that developers received all other permits prior to granting a development permit in a mapped flood hazard area. However, in response to concerns from Miami Beach staff, we secured amendments to these bills so that they no longer put the burden on local government. HB 7019 passed both chambers and goes next to the Governor for final action. The bill now contains several other growth management provisions relating to Hometown Democracy {the substance of these provisions is also in HB 537, which passed-see discussion below on page 15), high- speed rail communication facilities, leasing of certain county property, water management district permit extensions, and onsite sewage treatment and disposal systems in Monroe County. Growth Management There was an attempt to amend the substance of SB 1716 by Senator Garcia to an unrelated bill pertaining to Neighborhood Improvement Districts (NIDs), SB 770 by Senator Ring. City staff expressed concerns regarding this legislation because it was an erosion of local control. It would have exempted certain new development from having to comply with impact fee, transportation concurrency or proportionate share requirements for three years. The exemption would have lasted from July 1, 2013 through June 30, 2016. The exemption window would not have applied to a new development if it were revoked by a majority vote of the local government's governing authority, altered a local government's financing contracts or bonds, or the developer elected not to have the exemption applied. Because SB 1716 was still in a committee, there was a point of order that kept the growth management language off the NID bill. Senate bills must clear all of their committees of reference to be available as an amendment. The House companion to SB 1716 was HB 321 by Representative LaRosa, which passed the House but died in Senate messages. 964 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page 13of14 Local Bids and Contracts for Public Construction Works HB 687 by Representative McBurney and SB 602 by Senator Hukill would have eliminated specified conditions under which a local government is exempt from the requirement to competitively bid contracts. Both bills died in committee. Local Preference HB 307 by Representative Tobia and SB 684 by Senator Hays, as well as HB 1017 by Representative Fresen, would have preempted local preference ordinances but provided a state preference for Florida businesses under certain circumstances. All of these bills died in committee. Communitv Transportation Projects SB 972 by Senator Hukill was laid on the table and HB 319 by Representative Ray passed both chambers and goes next to the Governor for final action. HB 319 provides that local governments who opt out of concurrency may implement development regulations similar to transportation concurrency, such as mobility plans. It also provides that an alternative funding system must provide a means for new development to pay for its impacts and proceed with development and allows local governments to pool contributions from multiple applicants toward one planned facility improvement. Additionally, the bill also provides that an applicant may satisfy concurrency requirements by making a good faith offer to enter into a binding agreement and requires local governments to provide the basis upon which landowners will be assessed a proportionate share of costs. The bill requires any local government implementing an alternative mobility funding system to follow the same general principles as local governments implementing transportation concurrency. The bill provides that an alternative mobility funding system may not be used to deny approvals if the developer agrees to pay for the development's identified transportation impacts using the funding mechanism implemented by the local government. The bill also requires a mobility- fee-based funding system to comply with the dual rational nexus test applicable to impact fees. Hometown Democracy HB 537 by Representative Moraitis and SB 528 by Senator Simpson provide that an initiative or referendum process for any development order, local comprehensive plan amendments, or map amendments is prohibited. Initiative or referendum processes specifically authorized by a local government charter provision in effect as of June 1, 2011 are grandfathered. These bills are intended to prevent local Hometown Democracy initiatives. SB 528 was laid on the table and HB 537 passed both chambers and goes next to the Governor for final action. 965 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page 14 of14 Development Exactions HB 673 by Representative Perry and SB 772 by Senator Brandes would have prohibited local governments from imposing or requiring certain exactions on or against private property. They died in committee. Developments of Regional Impact HB 4035 by Representative Spano would have deleted provisions authorizing the state land planning agency, regional planning agencies, or local governments to petition the Administration Commission to increase or decrease numerical thresholds of statewide guidelines and standards used in determining whether developments are subject to development-of-regional-impact review. This bill did not have a Senate companion and it died in comm JLM T:\AGENDA\2013\July 17\Legislative Report.doc 966 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: July 9, 2012 Re: Commission Agenda Item Please place on the City Commission agenda for the July 17,2013 Miami Beach City Commission Meeting a resolution similar to the attached as passed by the Town of Surfside, supporting efforts to reduce gun violence and illegal firearms trafficking through more responsible gun sales and marketing practices. Should you have any questions, please contact Gabrielle Redfern at Extension 6157. Thank you. MHB/fgr Agenda Item RCi R Date l-!l-13 967 RESOLUTION NO. TOWN COMMISSION SURFSI ("TOWN") TO REDUCE GUN VIOLENCE AND ILLEGAL TRAFFICKING BY USING GOVERNMENT PURCHASING POWER TO INFLUENCE GUN MANUFACTURERS AND DISTRIBUTORS USE SALES PREVENT GUNS FROM INTO CRIMINAL HANDS; DIRECTING WEAPONS HANDS; TOGETHER PARTNER MUNICIPALITIES TO CREATE A SUPPORT OF TOWN "-'"-''"'""U COALITION IN COPY FLORIDA OF CITIES, CONGRESSIONAL FOR AN national, million ''""""'" ...... "'""''"'· Surfside is a member of Mayors Against nlegal Guns ("MAIO), a coalition of more than 800 mayors, who represent more than strongly support the Gun and WHEREAS, the Town Commission adopted Resolution No. 13-2130 calling on Federal Government to reduce gun violence in and to support the passage of the "Fix Gun Checks Act" and other measures to gun violence; and ..... o.:, ........ "...,.'"'• Federally licensed gun are one of the largest sources illegally trafficked guns, according Loa 2000 Alcohol, Tobacco, and Explosives (A TF) reporl; and """'•·"'''·"-.."'• local and state governments are among the gun industris biggest customers, due to the bulk weapons and ammunition for law enforcement departments; and 968 JI.JI..I''-JI.'U!IJ."ll.l;:l' local law enforcement and elected officials can this purchasing power to for more responsible practices in the gun industry by working with gun and distributors to implement sales and ......... v~•ti that prevent guns from falling into hands; and from """'' ... """"".,.'""'• gun murders in Florida rose 38 percent from 2000-2011, (Florida lnu•~"'ti'""'tt'""" Reporting-FCIR); .~~,""'"'·'"""'''""'""• guns are used in more than 70 '"'""'"t'"''"T of Florida homicides, up 2000 (FCIR); and often fall into criminal hands through "straw purchases," where a friend or family member of a criminal a gun it J:I.I.J•JI.'U.:...n.,~, MAIO and Wal~Mart have laid out a comprehensive to curb tiri"ll'ln'l'l!:i illegal trafficking and and sensible marketing as of gun store security, background checks ("'Responsible Firearms Partnership"); ...... "'J,....,.,..,.,.,.,, i:SlW"IS<HJe has a strong advocate for common-sense policies that out of dangerous while the rights owners, strongly believes local, state and federal government should take action to 1Pvl•1"l'lllr.•• this purchasing power to for more practices in gun industry by working with manufacturers and distributors to sales marketing from falling into criminal TOWN COMMISSION That each the above stated recitals are hereby A. other municipalities to create a support of this initiative to manufacturers and distributors to use sales that from falling into criminal To work with and ammunition suppliers to this purchasing power to press for more in the gun industry by encouraging the implementation of sales and marketing safeguards that from falling criminal Town Clerk is hereby to send a copy resolution to all South Florida municipalities, Florida League of Cities, Inc., Members of Congressional Delegation, to the Obama Administration. 2 969 SectiQn 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this J I""" day of Ju..~ 2013. Motion by Commissioner D\lhi ~ , second by Commissioner FINAL ON ADOPTION Commissioner Joseph Graubart Commissioner Michelle Kligman Commissioner Marta Olchyk Vice Mayor Michael Karukin Mayor Daniel Dietch APPROVED AS TO FORM AND LEGAL SUFFICIENCY Daniel Dietch, Mayor FO E TOWN OF SURFSIDE ONLY: .... 970 RESOLUTION NO.-------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SUPPORTING EFFORTS TO REDUCE GUN VIOLENCE AND ILLEGAL FIREARMS TRAFFICKING THROUGH MORE RESPONSIBLE GUN SALES AND MARKETING PRACTICES, DIRECTING THE CITY MANAGER AND THE POLICE CHIEF TO PARTNER WITH OTHER MUNICIPALITIES TO CREATE A COALITION IN SUPPORT OF THIS INITIATIVE, AND DIRECTING THE CITY CLERK TO SEND A CERTIFIED COPY OF THIS RESOLUTION TO ALL SOUTH FLORIDA MUNICIPALITIES, THE FLORIDA LEAGUE OF CITIES, INC., ALL MEMBERS OF FLORIDA'S CONGRESSIONAL DELEGATION, AND TO THE OBAMA ADMINISTRATION. WHEREAS, City of Miami Beach Mayor Matti Herrera Bower is a member of Mayors Against Illegal Guns ("MAIG"), a national, bipartisan coalition of more than 800 mayors who represent more than 58 million Americans that strongly support the Fix Gun Checks Act; and WHEREAS, federally licensed gun dealers are one of the largest sources of illegally trafficked guns, according to a 2000 Alcohol, Tobacco, Firearms and Explosives ("ATF") report; and WHEREAS, according to the Florida Center for Investigative Reporting ("FCIR"), gun murders in Florida rose 38 percent between 2000 and 2011 and guns are used in more than 70 percent of Florida homicides, up from 56 percent in 2000; and WHEREAS, guns often fall into criminal hands through "straw purchases," where a friend or family member of a criminal purchases a gun and passes it along; and WHEREAS, according to a recent study published in the Journal of Public Policy and Marketing, responsible practices by gun manufacturers and distributors help to prevent guns from falling into criminal hands and leads to a lower incidence of guns being recovered from violent crimes; and WHEREAS, MAIO and Wai-Mart have developed a comprehensive plan ("Responsible Firearms Retailer Partnership") to curb the illegal trafficking of firearms through more responsible gun sales and marketing practices and reached an agreement which requires basic and sensible marketing safeguards such as the videotaping of gun sales, increased store security, and employee training and background checks; and WHEREAS, the voluntary code agreed to by retailers that participate in the Responsible Firearms Retailer Partnership also agree to provide a computerized crime gun trace log and alert system, require purchaser declarations and 10 checking mechanisms, provide point of sale signage alerting customers of their legal responsibilities, and prohibit sales without background check results; and 971 WHEREAS, the City of Miami Beach commends and applauds the voluntary efforts of responsible gun manufacturers and distributors which contribute to the reduction of gun violence and crimes in our communities. 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 support the efforts of responsible firearms retailers to reduce gun violence and illegal firearms trafficking through more responsible gun sales and marketing practices, direct the City Manager and the Police Chief to partner with other municipalities to create a coalition in support of this initiative, and directing the City Clerk to send a certified copy of this Resolution to all South Florida municipalities, the Florida League of Cities, Inc., all members of Florida's congressional delegation, and to the Obama administration. PASSED and ADOPTED this ___ day of ________ , 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK F:\A TTO\TURN\RESOS\REDUCE GUN VIOLENCE.rtf 972 MATTI HERRERA BOWER, MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1kJ13 ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Jerry Libbin, Commissioner DATE: July 10, 2013 SUBJECT: Agenda item for the July 17, 2013 Commission meeting; Please place on the July 17th Commission agenda, an item to discuss and decide the actions that the City wishes to take with respect to the potential illegal up zoning of Watson Island and the deleterious effects that it may cause to residents and businesses on Miami Beach. Please contact my office at ext. 7106 if yo~ have any questions, JL/er Wo oro comml/led /o ~sNice and lo oil who live, work, and in our vibronl, 973 his/oric communily. Agenda Item 'R q 5 Date 7-17-13 THIS PAGE INTENTIONALLY LEFT BLANK 974 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the City Commission Jose Smith, City Af'~~~rY")' ft~ DATE: July 17 2013 '--(j!./'7( , ~ SUBJECT: City Attorney's Status Report LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT 1. Alice Politou v. City of Miami Beach and M. Vila & Associates Case No. 13- 017389 CA 01 (Circuit Court -11 1h Judicial Circuit in and for Miami Dade County). The City was served with this complaint on May 24, 2013 alleging that on February 2, 2012, the plaintiff, Alice Politou, was walking east on the northeast corner of Lincoln Road and the intersection of Washington Avenue when she tripped allegedly over a protruding floor light fixture and suffered a broken left hip. We will file our answer to the complaint, propound discovery and put M. Vila's insurance carrier on notice requesting indemnification due to the fact that the light fixture was installed by Co-Defendant, M. Vila, while they were under contract with the City. The City is an additional named insured under their insurance policy. 2. Bryce Gomez v. Eric Pagan. Individually and City of Miami Beach, Case No. 13- 21811-KING in the United States District Court for the Southern District of Florida Plaintiff alleged that he was unlawfully arrested by Officer Pagan, who used excessive force against him. The City has filed a motion to dismiss the complaint and has served a motion for sanctions. The sanctions motion is based upon Plaintiff's guilty plea to the charge of resisting arrest without violence. Under these circumstances, Plaintiff's claim is barred. The City Attorney's Office will continue to vigorously defend the City until final resolution of the case. 3. Garrett Wolfe v. Cameo Theatre LLC d/b/a Cameo Miami and City of Miami Beach, Case# 13-03569 CA 05 (Circuit Court-11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on May 28, 2013 alleging that on May 22, 2011, the plaintiff, Garrett Wolfe, was allegedly falsely arrested and battered by MBPD officers Grant Reid and Leon Azicri at the establishment of co- defendant, Cameo Theatre, at 609 Lincoln Road, Miami Beach, for failure to pay 976 Agenda Item R \0 A Date J-11-13 City Attorney's Report July 17, 2013 Page2 a bar tab. We will file an answer to the complaint and propound discovery to the plaintiff. 4. lnteramerican Bank. F.S.B. vs. Vivian Calvar, et al., Case No. 13-18364 CA 58 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 3025 Indian Creek Drive, Unit 210, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on June 5, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on June 6, 2013. 5. JPMorgan Chase Bank. National Association vs. Osiris Garicia, et al., Case No. 13-19636 CA 32 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 7820 Hawthorne Avenue, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on June 7, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on June 12, 2013. 6. Chakra 5, Inc. 1501 Ocean Drive, LLC and Haim Turgman v. CMB. Jose Alberto, Henry Bryant, Chai Footman. Willie Grant, Orlando Gonzalez, Ramon Vasallo. Vicente Santiesteban Case No. 13-17785 CA 2 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida) The owner of Chakra 5 Lounge, which was the location of the FBI sting that resulted in the termination, arrest, and conviction of City employees for soliciting bribes in exchange for ignoring code violations, is the plaintiff in this case, along with his related corporate entities. He alleges that the City had a policy of accepting bribes and taking property without providing due process. The case was filed in Miami-Dade Circuit Court, but we will remove it to federal court because it contains a federal civil rights claim brought pursuant to 42 USCA 1983. The complaint also includes a state law claim of civil conspiracy. The City will vigorously defend this lawsuit. 7. Paul Owen v. Cit~ of Miami Beach and FOOT, Case No. 13-017898 CA 01 (Circuit Court-11r Judicial Circuit in and for Miami Dade County). The City was served with this complaint on June 1 0, 2013 alleging that on December 8, 2011, the plaintiff, Paul Owen, tripped and fell at the sidewalk on 71 st Street as a result of Plaintiff's foot getting caught on an uneven space between the pavers (bricks) and the sidewalk, causing Plaintiff to trip, fall to the 977 City Attorney's Report July 17, 2013 Page3 ground, and suffer severe and permanent injuries. The plaintiff is suing both the City and FOOT. The incident occurred on the north side of 71 51 street and is part of the FOOT work project fixing the sidewalk at that location. According to Maria Palacios of CIP, in an email to Cliff Leonard of 11-13-12, FOOT was working on both sides of 71 51 Street with the City only working at the south. We shall file our answer to the complaint, propound discovery and eventually file a motion for summary judgment as FOOT was responsible for the construction project at the location that led to plaintiff's fall. 8. Suntrust . vs. Xiomara Romero et at Case No. 13-18008 CA 13 (Circuit Court-11 Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 5401 Collins Avenue, Unit 501, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on June 11, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on June 17, 2013. 9. JPMorgan Chase National Association vs. Valerijs Sizovs, et aL, Case No. 13- 12472 CA 11 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 911 791h Terrace, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on June 14, 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 June 20, 2013. JS/SHR/RR/EB/Ir F:\ATTO\AAOFF\AAOFF\FILE.#S\2013\Status report CAO 071713.docx 978 THIS PAGE INTENTIONALLY LEFT BLANK 979 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Matti Herrera Bower Members of the City Commission City Manager Jimmy Morales Ralph Granado, City C~~~~~k .. ~ Jose Smith, City Attpfn y . • L.... . . .~············· . ./ July 17, 2013 Closed Attorney-Client Session Pursuant to §286.011, Florida Statutes, the City Attorney hereby advises the Mayor and City Commission that he desires advice concerning the following pending litigation matter: City of Miami Beach v. Hargreaves & Associates. et al. Case No. 10-61979 CA 03 Circuit Court, 11th Judicial Circuit Therefore, a private closed Attorney-Client Session will be held during the lunch recess of the City Commission meeting on July 17, 2013, in the City Manager's Large Conference Room, Fourth Floor, City Hall to discuss settlement negotiations and/or strategy related to litigation expenditures with regard to the above-referenced litigation matters. The following individuals will be in attendance: Mayor Matti Herrera Bower; Members of the City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin, Vice-Mayor Edward Tobin, Deede Weithorn and Jonah Wolfson; City Manager Jimmy Morales, City Attorney Jose Smith, First Assistant City Attorney Steven Rothstein, Richard Lydecker, Esq. and Meredyth Cooper, Esq. JS/SHR/mmd F:\A TTO\SMIJ\attorney client session\Attorney-Ciient Session Hargreaves v. CMB July 17 2013.doc Agenda Item R l 0 13 980 Date ]-1]-13 THIS PAGE INTENTIONALLY LEFT BLANK 981 -CD 3 tA 1. I I 1 983 THIS PAGE INTENTIONALLY LEFT BLANK 984 IBE OFFICE OF THE CITY MANAGER NO. LTC# 219-2013 To: Mayor Matti Herrera Bower and Members of the City Commission From: Jimmy L. Morales, City Manager Date: June 28, 2013 Subject: List of Projects Covered by the Con of Silence Ordinance In an effort to disseminate information to e ected 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. Bate A'dvertiseCI Document Numtler andlssueCI Bocument Title Begartment 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 L!ncoln Lane, Between Lenox Avenue And Michigan Avenue, And Parking Lot #27 On North Lincoln Lane Between Jefferson City Manager's RFP-2012-014-ME 1/17/2012 Avenue And Meridian Avenue Office I The Provisions of Credit Card Merchant RFP-20 12-054-TC : Processing Services ,...., •:;j/1~/~UI~ ce I RFP-2013-001-~11 ~ 1 "l/"lA./?01? rrred Security Guard Services Citywide Health Plan Services and Benefits to Active RFP-20 13-008-KP ) 2/12/2013 . Employees and Retired Enrollees Human R"'cu\ lr,...,.c The Construction of Beachwalk Phase II lTC_ ')f'\1 3-018-TC 3/15/2013 From South Pointe Drive To 3rd Street CIP Demolition of the Normandy Shores Pa ITB-2013-014-TC • 5/24/2013 Building CIP 14/17/2013 Emergency Management Administrative RFP-20 13-065-TC Support Services , OBPI Audit Services For An Audit of The City's Capital Improvement Projects Administered I By the City's Capital Improvement Projects RFP-20 13-064-LR 12/22/2013 Office And Other City Departments OBPI I 985 Agenda Item_...;~...;__ __ Date 1-/1-/3 Date Advertised Document Number and Issued Document Title Department Comprehensive Professional Tennis Management and Operation Services at the City's Flamingo and North Shore Park RFP-2013-095-ME 2/14/2013 Tennis Center , Parks and Recreation Estimated Issuance Emergency Repairs for Water, Sewer and ITB-2013-113-LR 7/12/2013 Storm Water Pipe Breaks Public Works Routine and Emergency Sanitary Sewer and Storm Water Pipe Cleaning and Closed Circuit Television (CCTV) Pipe ITB-20 13-145-LR 4/1/2013 Inspection Services Public Works RFP-2013-157-LR 4/24/2013 Gymnastic Program Instruction Services Parks and RPr.n:~::ltinn ITB-2013-171-TC i 5/23/2013 Playground Fence at South Pointe Park Parks and Recreation 1701 Meridian Avenue, 4th Floor ITB-20 13-172-TC 5/21/2013 Renovations (777 Building) CIP Reconstruction of Surface Parking Lotc:: ITB-2013-173-TC 5/17/2013 12X and 17X CIP vUII:SLI U~LIUII uf the 6tn and 53ra Street ITB-2013-176-TC 5/15/2013 IRestrooms and the Ocean R.,.c::,..1 IQ CIP RFP-2013-177-ME l:i/Q/?013 Parking Pay-by-Phone System Parking City Hall and Parking Garage Elevator ITB-2013-183-MF 5/10/201" Ken ovation PW-Property P25 Mobile Radio System Consulting RFP-2013-185-LR 5/9/2013 Services IT Audits of Resort Taxes and Other Internal RFP-2013-188-TC 5/10/2013 Audits As Needed Audit Miami Beach Golf Course Drainage ITR-?fl1 ~-?60-TC 5/21/2013 Remediation CIP ITB-2013-268-TC 6/4/2013 Dune Restoration Services Public Works Enviro. ITB-2013-269-ME 6/7/2013 I Janitorial Services ! Property Manage Design/Build Services for Neighborhood No. 13: Palm & Hibiscus Islands Right-of- RFQ-2013-251TC 6/11/2013 Way Infrastructure Improvement Project CIP 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:AD F:IPURC\$ALL\MONTHL Y REPORTS\CONE L TC\12-13\June 2013 Cone LTC.docx 986 ::0 c )> Commission Agenda, July 17,2013 Miami Beach Redevelopment Agency City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive July 17, 2013 Chairperson of the Board Matti Herrera Bower Member of the Board Jorge Exposito Member of the Board Michael G6ngora 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 Joe Jimenez 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 Adopting And Appropriating The First Amendment To The Operating Budget For The City Center Redevelopment Area, For Fiscal Year 2012/13. 10:00 a.m. Public Hearing (Tourism, Culture & Economic Development Department) B A Resolution Authorizing The Executive Director, Or His Designee Or His Designee, To Select, Negotiate, Award And Reject All Bids, Contracts, Agreements, Purchase Orders, Change Orders And Grant Applications; Renew Existing Contracts Which May Expire; And Terminate Existing Contracts, As Needed, From The Last Commission Meeting On July 17, 2013, Until The First Regularly Scheduled Meeting On September 11, 2013, Subject To Ratification By The City Commission At Its First Regularly Scheduled Meeting On September 11, 2013. Joint City Commission & Redevelopment Agency (Procurement) 25 988 MIAMI BEACH Miami Beach Redevelopment Agency City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florida 33139, \VVVW.miomibeochfl.gov HOW A PERSON MAY APPEAR BEFORE THE REDEVELOPMENT AGENCY OF THE CITY OF MIAMI BEACH, FLORIDA The regularly scheduled meetings of the Redevelopment Agency are established by Resolution and are generally held on the same day the Miami Beach City Commission holds their regularly scheduled meetings. The Redevelopment Agency meetings commence at 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 requesting placement of an item on the agenda must provide a written statement to the Agency Executive Director, 4th Floor/ City Hall, 1700 Convention Center Drive, telephone 673- 7285, outlining the subject matter of the proposed presentation. In order to determine whether or not the request con be handled administratively, an appointment will be set up to discuss the matter with a member of the Executive Director's staff. Procedurally, 11 Request for Agenda Consideration 11 will not be placed upon the Agency agenda until after Administrative staff review. Such review will ensure that the issue has been addressed in sufficient detail so that the Agency members may be fully apprised of the matter to be presented. Persons will be allowed three (3) minutes to make their presentation and will be limited to those subjects included in their written request. Such written requests must be received in the Executive Director's office no later than noon on Tuesday_pf the week prior to the scheduled AgenGy meeting to allow time for processing and inclusion in the agenda package. 3. Once an agenda for the Redevelopment Agency meeting is published, and a person wishes to speak on items listed on the agenda, he/she may call or come to the Agency Secretary's Office, 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.mlamibeachfl.gov) on the Friday prior to the Agency meeting or may be reviewed at the Agency's Secretary Office {City Clerk1 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 989 MIAMI BEACH REDEVELOPMENT AGENCY ITEM SUMMARY Condensed Title: A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency Adopting And Appropriating The First Amendment To The Operating Budget For The City Center Redevelopment Area, For Fiscal Year 2012/13. Key Intended Outcome Supported: Improve the City's overall financial health and maintain overall bond rating !Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The budget for the City Center Redevelopment Area (RDA) for Fiscal Year 2012/13 was approved on September 27, 2012 with the adoption of Resolution No. 588-2012. The Redevelopment Agency adopted Resolution No. 595- 2013 on June 5, 2013, setting a public hearing to consider the first amendment to the FY 2012/13 operating budget for the City Center Redevelopment Area. The amendment to the operating budget for City Center Redevelopment Area is being done to address increased expenses attributed to the agreement with Strategic Advisory Group (SAG), which is for an amount not to exceed $324,943.41 through June 2014. The Redevelopment Agency budgeted $250,000 in the FY 2012/13 budget as a placeholder to fund this agreement prior to negotiating and approving phase II of SAG's contract. Therefore, an additional amount of approximately $75,000 is required to fund the remaining portion of SAG's agreement. Additional legal services are also anticipated from outside counsel to draft the development agreement ground leases, as well as other related contracts required for the Convention Center Enhancement and Expansion Project. The Redevelopment Agency also experienced unanticipated expenses associated with the payment of real estate taxes for the property located at 340 23rd Street. This property was purchased from American Riviera Real Estate Company (American Riviera) for the development of the Collins Park Garage. The City entered into a Parking Permit Agreement with American Riviera for its continued use of the surface parking lots at this location. Pursuant to Section 8 of the Agreement, American Riviera is required to pay all real estate taxes that are imposed against the property. However, real estate taxes were not paid for 2011 and 2012, which required the Redevelopment Agency to pay the taxes and proceed to issue American Riviera a Notice of Termination. These expenses are off-set by funds $24,104.49, which were escrowed at closing for 2011 property taxes for the property located at 340 23rd Street. Additionally, Resort Tax Revenue is projected to be $5,221,848 which is $537,848 more than the budgeted amount of $4,684,000. These additional revenues will be used to cover the real estate taxes for 340 23rd Street and additional consulting and legal expense for the Convention Center Enhancement and Expansion Project. Advisory Board Recommendation: I N.A. Financial Information: Account 1 168-1985-000312 (Professional Services) 2 $129,000 168-1985-000368 (Property Taxes) 3 $111,000 Repayment-Prior Yr Fund Balance 4 ($ 71 ,000) Reduction of Operating Expenses OBPI Total $569,000 islative Trackin : 013\July 17\RDA J MIAMI BEACH 990 AGENDA ITEM __ / *-----::-- DATE l~/7-/ 3> ~ MIAMI BEACH """=""" City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov REDEVELOPMENT AGENCY MEMORANDUM TO: Chairperson and Members of the Miami DATE: July 17, 2013 PUBLIC HEARING SUBJECT: A RESOLUTION OF THE CHAIRPER N AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY ADOPTING AND APPROPRIATING THE FIRST AMENDMENT TO THE OPERATING BUDGET FOR THE CITY CENTER REDEVELOPMENT AREA, FOR FISCAL YEAR 2012/13. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Improve the City's financial health and maintain overall bond rating. ANALYSIS The budget for the City Center Redevelopment Area (RDA) for Fiscal Year 2012/13 was approved on September 27, 2012 with the adoption of Resolution No. 588-2012. City Center Redevelopment Area revenue sources include City and County Tax Increment, Resort Tax contributions; a ~ mill levy set aside for the Children's Trust pursuant to an lnterlocal Agreement, dated August 16, 2004 between the RDA, the City of Miami Beach and Miami-Dade County; and an estimate interest income. City Center Redevelopment Area expenses include community policing initiatives in City Center to continue to provide enhanced levels of staffing and services throughout the area, capital projects and maintenance of RDA capital projects. Administrative Expenses comprising a management fee allocated to the General Fund to pay for direct and indirect staff support for the RDA; operating expenses; a set aside for on-going planning and consulting work related to the Convention Center expansion master plan; capital renewal and replacement projects under $25,000. The City Center Redevelopment Area also annually assumes the combined debt service on the 2005 Series Bonds and the Parity Bonds accounts for approximately $8.4 Million annually. City Center also continues assuming debt service payments on the portion of the Gulf Breeze Loan used to pay for the Bass Museum expansion and renovation, and the portion of the Sunshine State Loan Program used for Lincoln Road improvements. The Redevelopment Agency adopted Resolution No. 595-2013 on June 5, 2013, setting a public hearing to consider the first amendment to the FY 2012/13 operating budget for the City Center Redevelopment Area. The amendment to the operating budget for City Center Redevelopment 991 First Amendment to the FY 2012113 Operating Budget for City Center Redevelopment Area July 17, 2013 Page 2 of2 Area is being done to address increased expenses relating to the Convention Center Enhancement and Expansion Project, which will be offset with increased resort tax revenue. Increased expenses are attributed to the agreement with Strategic Advisory Group (SAG), which is for an amount not to exceed $324,943.41 through June 2014. The Redevelopment Agency budgeted $250,000 in the FY 2012/13 budget as a placeholder to fund this agreement prior to negotiating and approving phase II of SAG's contract. Therefore, an additional amount of approximately $75,000 is required to fund the remaining portion of SAG's agreement. Additional legal services are also anticipated from outside counsel to draft the development agreement ground leases, as well as other related contracts required for the Convention Center Enhancement and Expansion Project. The Redevelopment Agency also experienced unantic~ated expenses associated with the payment of real estate taxes for the property located at 340 23r Street the site of the proposed Collins Park Garage. As you may recall, this property was purchased from American Riviera Real Estate Company (American Riviera) for the development of the Collins Park Garage. As part of the purchase agreement with American Riviera the City entered into a Parking Permit Agreement with American Riviera for its continued use of the surface parking lots at this location. Pursuant to Section 8 of the Agreement, American Riviera is required to pay all real estate taxes that are imposed against the property. However, real estate taxes were not paid for 2011 and 2012, which required the Redevelopment Agency to pay the taxes and proceed to issue American Riviera a Notice of Termination. American Riviera made a settlement offer which was rejected. The City Attorney's Office and the Administration continue to negotiations for a settlement. These expenses are off-set by funds $24,104.49, which were escrowed at closing for 2011 property taxes for the property located at 340 23rs Street. Additionally, Resort Tax Revenue is projected to be $5,221 ,848 which is $537,848 more than the budgeted amount of $4,684,000. These additional revenues will be used to cover the real estate taxes for 340 23rd Street and additional consulting and legal expense for the Convention Center Enhancement and Expansion Project. Attached as Exhibit "A" is a summary of RDA budget which reflects the original adopted budget and the proposed amended budget. CONCLUSION The Exe tive Director recommends adopting the Resolution. T:\AGENDA\2013\July 17\RDA First Amendment 2012-13 Memo.doc 992 FY 2012113 FY 2012113 Budget Budget Revenues and Other Sources of Income Tax Increment-City (1) 168-345920 :s 19,188,000 :s 19,188,000 $ Adjustment for Prior Year Increment (2) $ (1 ,871 ,000) $ (1 ,871 ,000) $ Tax Increment-County (1) 168-311400 $ 14,818,000 $ 14,818,000 $ Adjustment for Prior Year Increment (3) $ (1 ,636,000) $ (1 ,636,000) $ 50% Contribution from Resort Tax: 168-(3811 00 & 381400) $ 4,684,000 $ 5,221,848 $ 537,848 '112 Mill Children's Trust Contribution (4) 168-345950 $ 1,575,000 $ 1,570,405 $ (4,595) Interest Income: 168-8000-361145 $ 13,000 :s 25,000 $ 12,000 Fund Balance Reallocation: (Non-TIF) $ $ $ Fund Balance Renewal and Replacement $ $ $ Other Income/Adjustments: 166-3651 oo $ $ 24,104 $ 24,104 TOTAL REVENUES $ 36,771,000 $ 37,340,357 $ 569,357 Admin/Operating Expenses (168-19115) Management fee (salaries & benefits) 168 (1 oo & 322) $ 1,041,000 $ 1,041,000 $ Management fee $ 3,000 $ (3,000) Salaries and Benefits $ 4,000 $ (4,000) Postage, printing & mailing 168-321 $ 1,000 $ 1,000 $ Office supplies & equipment 168-341 & 323 $ 2,000 $ 2,000 $ Other Operating 168 I 343 $ $ Taxes 168/368 $ $ 128,729 $ 128,729 Meetings & conferences 168-363 $ $ Dues & subscriptions 168-361 $ Professional & related fees 168-312 $ 250,000 $ 650,000 $ 400,000 Repairs & Maintenance 168-342 $ 98,000 $ 98,000 $ Miscellaneous expenses (lnt Svcs) 168 (502,508,343) Total Admin/Operatlng Expenses 521,729 Project Expenses Community Policing 168-1124 $ 3,741,000 $ 3,741,000 $ Capital Projects Maintenance: Property Management: 168-9964 $ 1,143,000 $ 1,143,000 $ Sanitation: 168-9965 $ 2,593,000 $ 2,593,000 $ Greenspace: 168-9966 $ 763,000 $ 704,169 $ (58,831) Sub-Total Cap Projects Maintenance: $ 4,499,000 $ 4,440,169 $ (56,831) NWS Project/lincoln Park Complex Contingency $ $ NWS Project-Grant-in-Aid $ $ Transfer to Penn Garage Parking 168-1985-000491 $ 405,000 $ 405,000 $ Transfer to Penn Garage Retaii168-1985-000491 $ $ Transfer to Capital (6) 168-1985-000491 $ 14,943,000 $ 14,943,000 $ Transfer to Capital Renewal & Replacement (6) $ 503,000 Transfer to Capital (6) $ 198,000 Total Project Expenses $ 23,588,000 $ 23,529,169 $ (58,1131) Reserve and Debt Service Obligations $ Debt Service Cost-2005 + Parity Bonds 168-50 $ 8,415,000 $ 8,415,000 $ Current Debt Service -Lincoln Rd Project (7) 168-50 $ 785,000 $ 785,000 $ Current Debt Service-Bass Museum (B) 168-50 $ 503,000 $ 503,000 $ Reserve for County Admin Fee (9) 168-353 $ 198,000 $ 198,000 $ Reserve for CMB Contribution (1 0) 168-353 $ 261,000 $ 261,000 $ Reserve for Children's Trust Contribution (11) 168-353 $ 1,575,000 $ 1,570,405 $ (4,595) Reserve for Collins Park Parking Garage $ $ $ Repayment-Prior Yr Fund Balance $ $ 111,055 $ 111,055 Total Reserve and Debt Service TOTAL EXPENSES AND OBLIGATIONS 36,771,000 37,340,357 569,357 REVENUES -EXPENDITURES $ 0 993 RESOLUTION NO. _____ _ A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY ADOPTING AND APPROPRIATING THE FIRST AMENDMENT TO THE OPERATING BUDGET FOR THE CITY CENTER REDEVELOPMENT AREA, FOR FISCAL YEAR 2012/13. WHEREAS, the City Center Redevelopment Area Budget for Fiscal Year 2012/13 was adopted on September 27, 2012 via Resolution No. 588-2012; and WHEREAS, the proposed City Center Redevelopment Area Budget reflects anticipated construction project costs in addition to operating and debt service costs for the fiscal year; and WHEREAS, the Redevelopment Agency adopted Resolution No. 595-2013 on June 5, 2013, setting a public hearing to consider the first amendment to the FY 2012/13 operating budget for the City Center Redevelopment Area; and WHEREAS, the Administration recommends adopting and appropriating the First Amendment to the RDA Budget to reflect increase expenditures relative to the Convention Center Enhancement and Expansion Project and real estate taxes associated with 340 23rd Street, which will be offset with increased resort tax revenue, as well as funds escrowed for the 2011 real estate taxes for 340 23rd Street. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairperson and Members of the Miami Beach Redevelopment Agency hereby adopt and appropriate the first amendment to the operating budget for the City Center Redevelopment Area, for Fiscal Year 2012/13, appropriating an additional $528,729. Original Adopted Budget Proposed Amendment Proposed Amended Budget $36,771,000 $ 569,000 $37,340,000 PASSED AND ADOPTED THIS 17TH DAY OF JULY, 2013. ATTEST: SECRETARY T:\AGENDA\2013\July 17\RDA Firsl Amendment 2012-13 RESO,doc CHAIRPERSON 994 APPROVED AS TO t=OBM & LANGUAGE &.FOR EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK 995 REDEVELOPMENT AGENCY SUMMARY Condensed Title: A Resolution Authorizing Executive Director, Or His Designee To Select, Negotiate, Award And Reject All Bids, Contracts, Agreements, Purchase Orders, Change Orders And Grant Applications; Renew Existing Contracts Which May Expire, And Terminate Existing Contracts As Needed From The Last City RDA Meeting On July 17, 2013, Until The First Regularly Scheduled RDA Meeting On September 11, 2013, Subject To Ratification By The RDA At Its First Regularly Scheduled Meeting On September 11, 2013. Key Intended Outcome Supported: August Recess Authorization Supports All City Key Intended Outcomes. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: I Whether to Adopt the Resolution? Item Summary/Recommendation: Between the last meeting on July 17, 2013, and the first regularly scheduled meeting on September 11, 2013, the RDA will not be in session. During this period there may be bids or contracts in excess of the $25,000, which may need to be rejected, awarded or terminated. Based on the above, it is requested, that the Executive Director, or his designee, be authorized to sign all contracts, agreements, purchase orders, change orders, and grant applications; renew any existing contracts, for an appropriate period of time; terminate existing contracts, as needed, from the last RDA meeting on July 17, 2013, until the first regularly scheduled RDA meeting on September 11, 2013, subject to ratification by the RDA at its first regularly scheduled meeting on September 11, 2013. ADOPT THE RESOLUTION. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin Raul Aguila, ext. 6475 City Manager MIAMI BEACH 996 Account nager AGENDA ITEM _/_::B __ DATE 7-/]~/3 ~ MIAMI BEACH ""'=""" City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov REDEVELOPMENT AGENCY MEMORANDUM TO: Chairperson and Members of the Miami FROM: Jimmy L Morales, Executive Director DATE: July 17, 2013 SUBJECT: A RESOLUTION OF THE CHAIRPE SON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA), AUTHORIZING THE EXECUTIVE DIRECTOR, OR HIR DESIGNEE, TO SELECT, NEGOTIATE, AWARD AND REJECT ALL BIDS, CONTRACTS, AGREEMENTS, PURCHASE ORDERS, CHANGE ORDERS AND GRANT APPLICATIONS; RENEW EXISTING CONTRACTS WHICH MAY EXPIRE; AND TERMINATE EXISTING CONTRACTS, AS NEEDED, FROM THE LAST RDA MEETING ON JULY 17, 2013, UNTIL THE FIRST REGULARLY SCHEDULED RDA MEETING ON SEPTEMBER 11, 2013, SUBJECT TO RATIFICATION BY THE RDA AT ITS FIRST REGULARLY SCHEDULED MEETING ON SEPTEMBER 11,2013. RECOMMENDATION Adopt the Resolution. BACKGROUND Between the last meeting on July 17, 2013, and the first regularly scheduled meeting on September 11, 2013, the RDA will not be in session. During this period there may be bids or contracts in excess of the $25,000, which may need to be rejected, awarded or terminated. Based on the above, it is requested, that the Executive Director, or his designee, be authorized to sign all contracts, agreements, purchase orders, change orders, and grant applications; renew any existing contracts, for an appropriate period of time; terminate existing contracts, as needed, from the last RDA meeting on July 17, 2013, until the first regularly scheduled RDA meeting on September 11, 2013, subject to ratification by the RDA at its first regularly scheduled meeting on September 11, 2013. Since this authorization is necessary to ensure that essential services and projects continue during the period between the last RDA meeting on July 17, 2013, until the first regularly scheduled RDA meeting on September 11, 2013, it is recommended that the RDA adopt this Resolution. T:\AGENDA\2013\July 17\August Recess Memo RDA.doc 997 RESOLUTION NO. ---- A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA), FLORIDA, AUTHORIZING THE EXECUTIVE DIRECTOR, OR HIS DESIGNEE, TO SELECT, NEGOTIATE, AWARD AND REJECT ALL BIDS, CONTRACTS, AGREEMENTS, PURCHASE ORDERS, CHANGE ORDERS AND GRANT APPLICATIONS; RENEW EXISTING CONTRACTS WHICH MAY EXPIRE; AND TERMINATE EXISTING CONTRACTS, AS NEEDED, FROM THE LAST RDA MEETING ON JULY 17, 2013, UNTIL THE FIRST REGULARLY SCHEDULED MEETING ON SEPTEMBER 11, 2013, SUBJECT TO RATIFICATION BY THE RDA AT ITS FIRST REGULARLY SCHEDULED MEETING ON SEPTEMBER 11,2013. WHEREAS, between the last meeting on July 17, 2013, and the first regularly scheduled meeting on September 11, 2013, the RDA will not be in session; and WHEREAS, during this period, there may be bids or contracts in excess of the $25,000, which may need to be rejected, awarded or terminated; and WHEREAS, the RDA has historically, during its August recess, assigned the Executive Director with the authority to select, negotiate, award and/or renew contracts, as needed, subject to ratification by the RDA; and WHEREAS, it is therefore requested that the Executive Director, or his designee, be authorized to sign all contracts, agreements, purchase orders, change orders, and grant applications; renew any existing contracts, which may expire, for an appropriate period of time; terminate existing contracts, as needed, from the last RDA meeting on July 17, 2013, until the first regularly scheduled RDA meeting on September 11, 2013, subject to ratification by the RDA at its first regularly scheduled meeting on September 11, 2013. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, Chairperson and Members hereby authorize the Executive Director, or his designee, to select, negotiate, award and reject all bids, contracts, agreements, purchase orders, change orders, and grant applications; renew existing contracts which may expire; and terminate existing contracts, as needed, from the last RDA meeting on July 17, 2013, until the first regularly scheduled meeting on September 11, 2013, subject to ratification by the RDA at its first regularly scheduled meeting on September 11, 2013. PASSED and ADOPTED this----day of-----' 2013 Mayor ATTEST: City Clerk T:\AGENDA\2013\July 17\August Recess Reso RDA.doc 998 THIS PAGE INTENTIONALLY LEFT BLANK 999