20130717 SM2MIAMI BEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 2
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 G6ngora
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.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
C2 -Competitive Bid Reports
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, To JCC Enterprise Labor, Inc., The Lowest Bidder, As
The Primary Vendor, A&A Drainage & VAC Services, Inc., The Second Lowest Bidder, As The
Secondary Vendor, And Shenandoah Construction, The Third Lowest Bidder, As The Tertiary
Vendor.
(Public Works/Procurement)
(Deferred from June 5, 2013)
(Memorandum)
1
Supplemental Agenda, July 17, 2013
C4 -Commission Committee Assignments
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)
(Legislative Tracking: Planning Department)
(Proposed Ordinance)
C7 -Resolutions
C7GG A Resolution Approving A Contract Award, Pursuant To Invitation To Bid No. 173-2013TC, For The
Reconstruction Of Surface Parking Lots 12x And 17x, In The Amount Of $573,000, Plus A
Contingency Amount Of $57 ,300; With Previously Appropriated Funding In The Amount Of $605,244
From 480-Parking Operations Fund; And A Contingency Amount Of $25,056 From 480-Parking
Operations Fund, Subject To Appropriation Through The Fiscal Year 13/14 Capital Budget Process,
For A Total Amount Of $630,300.
(Capital Improvement Projects/Procurement)
(Memorandum)
(Formerly item C2D)
R5 -Ordinances
RSF 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 Schedules For Violations Of Section 90-36 And 90-96 And Providing For
Consistent Terminology Regarding First And Subsequent Offenses; By Amending Section 90-40,
Entitled "Fine Schedule For Violations Of Sections 90-98; 90-1 07; 90-191 Et Seq.; 90-221 Et Seq.;
And 90-228 By Private Waste Contractors," By Amending And Providing For Fine Schedules And
Violations Consistent With The Provisions In The Referenced Sections And In Sections 90-36, 90-99,
And 90-100, And Providing For Consistent Terminology Regarding First And Subsequent Offenses;
By Amending Section 90-222, Entitled "List Of Accounts," By Providing 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 & Ordinance)
2
COMMISSION ITEM SUMMARY
Item Summary/Recommendation:
This contract is for routine and emergency sanitary sewer and storm water pipes cleaning, and closed circuit
television (CCTV) pipe inspection services used to detect problems. Contractor will provide all supervision, labor,
materials and necessary equipment to clean/clear the sanitary sewer and storm water pipe stoppages on an as
needed basis, and on an emergency basis. The services outlined in the solicitation are necessary to keep the storm
water system maintained and working properly. Typical work requires cleaning pipes and drains with large vacuum
trucks, which also allows for the evaluation of larger drainage problems through Capital Improvement Projects by
utilizing a television camera to inspect underground pipes to conduct condition assessment.
This contract will be used to supplement the work performed by the Public Works Department. This service was
identified to be performed by a contractor as a cost saving measure a few years ago and subsequently the City also
opted not to replace a city owned piece of equipment which normally performs such work. The contract will be used
to work on a weekly basis to clean the sanitary sewer lines in conjunction with the consent decree and perform
cleaning of the storm water system to prevent street flooding. Such activities will be planned, overseen, and verified
by the Public Works Operations Division and paid for at a weekly rate established in the contract. In the event there
is an emergency, there are provisions in the contract for the contractor to respond within two (2) hours, and an hourly
emergency rate would apply. Also, additional items are included in the bid, which provide for service based on the
diameter of the pipes should a separate project be required beyond the routine or emergency work.
The purpose of Invitation to Bid (ITB} No. 145-2013 was to establish a contract, by means of sealed bids, with a
qualified vendor(s), to provide routine and emergency sanitary sewer and storm water pipes cleaning, and closed
circuit television (CCTV) inspection services. This contract shall remain in effect for two (2) years from the date of
contract execution by the Mayor and City Clerk. This contract may be renewed, at the sole discretion of the City,
through its City Manager, for three (3) additional one (1) year options.
ITB No. 145-2013, was issued on April 2, 2013, with a bid opening date of April18, 2013. One addendum was
issued. Forty-three (43) bid notices were issued, forty-two (42) though the Public Purchasing Group and one (1)
through the Procurement Division. Four (4) bids were received.
RECOMMENDATION
Administration is recommending award to JCC Enterprises Labor, Inc., the lowest bidder, as the primary vendor, A&A
Drainage & Vac Services, Inc., the second lowest bidder, as the secondary vendor, and Shenandoah Construction,
the third lowest bidder, as the tertiary vendor.
Advisory Board Recommendation:
Financial Information:
Source of Amount
Fu $111,070.00
$195,000.00
$225,000.00
$531,070.00
MIAMI BEACH
423-2983-069357 v
424-2983-069357•/
427-0427-000325
3
Account
JLM
AGENDA ITEM C ;;l.L
DATE 7 -(7-f")
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
COMMISSION MEMORANDUM
TO: Mayor Mattie Herrera Bower and
FROM: Jimmy L. Morales, City Manager
DATE: July17,2013
SUBJECT: 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, TO JCC ENTERPRISE
LABOR, INC., THE LOWEST BIDDER, AS THE PRIMARY VENDOR, A&A
DRAINAGE & VAC SERVICES, INC., THE SECOND LOWEST BIDDER, AS THE
SECONDARY VENDOR, AND SHENANDOAH CONSTRUCTION, THE THIRD
LOWEST BIDDER, AS THE TERTIARY VENDOR.
ADMINISTRATION RECOMMENDATION
Approve the award of the contract
KEY INTENDED OUTCOME
Maintain City's Infrastructure.
FUNDING
423-2983-069357
424-2983-069357
427-0427-000325
$111,070
$195,000
$225,000
BACKGROUND INFORMATION
This contract is for routine and emergency sanitary sewer and storm water pipes cleaning,
and closed circuit television (CCTV) pipe inspection services used to detect problems.
Contractor will provide all supervision, labor, materials and necessary equipment to
clean/clear the sanitary sewer and storm water pipe stoppages on an as needed basis, and
on an emergency basis. The services outlined in the solicitation are necessary to keep the
storm water system maintained and working properly. Typical work requires cleaning pipes
and drains with large vacuum trucks, which also allows for the evaluation of larger drainage
problems through Capital Improvement Projects by utilizing a television camera to inspect
underground pipes to conduct condition assessment.
This contract will be used to supplement the work performed by the Public Works
Department. This service was identified to be performed by a contractor as a cost saving
measure a few years ago and subsequently the City also opted not to replace a city owned
piece of equipment which normally performs such work. The contract will be used to work
on a weekly basis to clean the sanitary sewer lines in conjunction with the consent decree
4
Commission Memorandum
ITB 145-2013 Routine and Emergency Sanitary Sewer and Storm Water Pipes Cleaning and Close Circuit
Television (CCTV) Inspection Services
June 5, 2013
Page 12
and perform cleaning of the storm water system to prevent street flooding. Such activities
will be planned, overseen, and verified by the Public Works Operations Division and paid for
at a weekly rate established in the contract. In the event there is an emergency, there are
provisions in the contract for the contractor to respond within two (2) hours, and an hourly
emergency rate would apply. Also, additional items are included in the bid, which provide for
service based on the diameter of the pipes should a separate project be required beyond the
routine or emergency work.
ITB PROCESS
The Procurement Division issued an Invitation to Bid No. 145-2013, in order to establish a
term contract for Routine and Emergency Sanitary Sewer and Storm Water Pipes Cleaning,
and Close Circuit Television (CCTV) Inspection Services. ITB No. 145-2013 was issued on
April 2, 2013, with a bid opening date of April 18, 2013. One (1) addendum was issued to
provide additional information and respond to all questions submitted by the prospective
bidders.
Forty-three (43) bid notices were issued, forty-two (42) though the Public Purchasing Group
and one (1) through the Procurement Division. Four (4) bids were received from:
• A&A Drainage & Vac Services, Inc.
• EnvironWaste Services Group, Inc.
• JCC Enterprise Labor, Inc.
• Shenandoah Construction
The four (4) bids received were reviewed by the Procurement Division staff and all were
deemed responsive to the bid requirements. The bids were tabulated and JCC Enterprises
submitted the lowest responsive and responsible bid. Please refer to Appendix "A" for
tabulation of bids.
The ITB stipulated that award of this contract may be presented to the lowest and best
bidders, as defined in General Conditions 1.36. Further, the ITB allows for award be made
to a primary, secondary, and tertiary bidder, in the event that the primary and/or secondary
bidder is unable to perform in accordance with the terms and conditions of the contract.
This item was originally scheduled to be considered by the City Commission for approval at
the June meeting. However, a protest challenging the award recommendation was filed and
the item was deferred until the July meeting so that the protest could be considered. The
protest has now been resolved.
CITY MANAGER'S REVIEW
After considering the review and recommendation of City staff, the City Manager exercised
his due diligence and is recommending to the Mayor and the City Commission to award the
contracts to JCC Enterprises Labor, Inc., the lowest bidder, as the primary vendor, A&A
Drainage & Vac Services, Inc., the second lowest bidder, as the secondary vendor, and
Shenandoah Construction, the third lowest bidder, as the tertiary vendor.
CONCLUSION
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission award contracts pursuant to Invitation to Bid (ITB) No. 145-2013, for Routine
and Emergency Sanitary Sewer and Storm Water Pipes Cleaning, and Close Circuit
5
Commission Memorandum
ITB 145-2013 Routine and Emergency Sanitary Sewer and Storm Water Pipes Cleaning and Close Circuit
Television (CCTV) Inspection Services
June 5, 2013
Page 13
Television (CCTV) Inspection Services, to JCC Enterprises Labor, Inc., as the primary
vendor, A&A Drainage & Vac Services, Inc., as the secondary vendor, and Shenandoah
Construction, as the tertiary vendor.
6
ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY HOME RETENTION INCENTIVES
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 II, "DISTRICT REGULATIONS," DIVISION 2, "SINGLE-FAMILY
RESIDENTIAL DISTRICTS," BY REVISING THE STANDARDS AND REVIEW
REQUIREMENTS FOR NEW CONSTRUCTION, ADDITIONS AND
MODIFICATIONS TO PROPERTIES THAT CONTAIN AN ARCHITECTURALLY
SIGNIFICANT SINGLE FAMILY HOME NOT LOCATED WITHIN A
DESIGNATED HISTORIC DISTRICT; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (City) places a strong emphasis on the retention
and preservation of existing, architecturally significant single family homes; and
WHEREAS, the Mayor and City Commission have deemed it in the best interest and
welfare of the City to adopt revised requirements, standards and procedures for the review of
new construction, additions and modifications to Architecturally Significant single family homes
located outside of a designated historic district; and
WHEREAS, the Mayor and City Commission deem it appropriate to incentivize the
retention of Architecturally Significant single family homes, in order to acknowledge, protect and
preserve the significant architectural history, existing building scale, and unique character of the
single family residential neighborhoods in Miami Beach; and
WHEREAS, the City of Miami Beach Historic Preservation, Design Review and Planning
Boards strongly endorse the proposed amendments to the Single Family Residential Districts
Section of the Code; 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. That Chapter 142, "Zoning Districts and Regulations," Article II, "District
Regulations," Division 2, "Single Family Residential Districts," of the Land Development
Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows:
DIVISION 2. RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS
* * *
Sec. 142-108. -Provisions for the demolition of single-family homes located outside of
historic districts.
7
Agenda Item C Y F=-
Date "1-ll-
(a) Criteria. Pursuant to a request for a permit for partial or total demolition of a home
constructed prior to 1942, the planning director, or designee, shall, or independently may,
make a determination whether the home is architecturally significant according to the
following criteria:
(1) The subject structure is characteristic of a specific architectural style constructed in
the city prior to 1942 including, but not limited to Vernacular, Mediterranean Revival,
Art Deco, Streamline Moderne, or variations thereof;
(2) The exterior of the structure is recognizable as an example of its style and/or period,
and its architectural design integrity has not been modified in a manner that cannot be
reversed without unreasonable expense.
(3) Significant exterior architectural characteristics, features, or details of the subject
structure remain intact.
(4) The subject structure embodies the scale, character and massing of the built context
of its immediate area.
The date of construction shall be the date on which the original building permit was issued,
according to the City of Miami Beach Building Permit Records. If no City Building Permit
Record exists. the date of construction shall be determined by the date of construction as
determined by the Miami-Dade County Property Appraiser.
* *
(e) Partial demolition.
* * *
(4) Review of applications for partial demolition shall be limited to the actual portion of the
structure that is proposed to be modified, demolished or altered. Repairs, demolition,
alterations and improvements defined below shall be subject to the review and
approval of the staff of the design review board. Such repairs, alterations and
improvements include the following:
a. Ground level additions to existing structures, not to exceed two stories in height,
which do not substantially impact the architectural scale, character and design of
the existing structure, when viewed from the public right-of-way, any waterfront or
public parks, and provided such ground level additions
1. Do not require the demolition or alteration of architecturally significant
portions of a building or structure;
2. Are designed, sited and massed in a manner that is sensitive to and
compatible with the existing structure; and
3. Are compatible with the as-built scale and character of the surrounding
single-family residential neighborhood.
b. Roof-top additions to existing structures, as applicable under the maximum
height requirements specified in Chapter 142 of these Land Development
Regulations, which do not substantially impact the architectural scale, character
and design of the existing structure, when viewed from the public right-of-way,
any waterfront or public parks, and provided such roof-top additions:
8
1. Do not require the demolition or alteration of architecturally significant
portions of a building or structure;
2. Are designed, sited and massed in a manner that is sensitive to and
compatible with the existing structure; and
3. Are compatible with the as-built scale and character of the surrounding
single-family residential neighborhood.
c. Replacement of windows, doors, roof tiles, and similar exterior features or the
approval of awnings, canopies, exterior surface colors, storm shutters and
exterior surface finishes, provided the general design, scale, massing,
arrangement, texture, material and color of such alterations and/or improvements
are compatible with the as-built scale and character of the subject home and the
surrounding single-family residential neighborhood. Demolition associated with
facade and building restorations shall be permitted, consistent with historic
documentation.
d. Facade and building restorations, which are consistent with historic
documentation, provided the degree of demolition proposed is not substantial or
significant and does not require the demolition or alteration of architecturally
significant portions of a building or structure.
e. Demolition and alterations to address accessibility, life safety, mechanical and
other applicable code requirements, provided the degree of demolition proposed
is not substantial or significant and does not require the demolition or alteration of
architecturally' significant portions of a building or structure.
f. The demolition and alteration of rear and secondary facades to accommodate
utilities, refuse disposal and storage, provided the degree of demolition proposed
does not require the demolition or alteration of architecturally significant portions
of a building or structure.
g. The demolition of non-architecturally significant accessory buildings.
* * *
(g) New construction requirements for properties containing a single-family home constructed
prior to 1942.
(1) In addition to the development regulations and area requirements of section 142-105, as
well as section 118-252, of the land development regulations of the City Code, the following
regulations shall apply in the event the owner proposes to fully or substantially demolish an
architecturally significant single-family home constructed prior to 1942, inclusive of those
portions of a structure fronting a street or waterway. In the event of a conflict between the
provisions of section 142-1 05 and section 118-252, and the regulations below, the
provisions herein shall control:
a. The design review board (ORB) shall review and approve all new construction on the
subject site, in accordance with the applicable criteria and requirements of chapter 118,
article VI, section 251 (a)1-12 of the land development regulations of the City Code.
b. The ORB shall review ef any new structure, in accordance with the requirements of
chapter 118, article VI, and shall take into account the established building context within
the immediate area. The ORB shall include consideration of require that the scale,
massing, building orientation and siting of the original structure on the subject site be
substantially reintroduced into the proposed new construction. as well as the established
building context within the immediate area.
9
c. 4-.,. The overall lot coverage of proposed new buildings or structures shall not exceed the
building footprint of the original structure on site, or shall be limited to the following,
whichever is greater, based upon the overall size of the subject lot:
i. For lots 10,000 square feet or less, the lot coverage shall not exceed 25 ~
percent;
ii. For lots greater than 10,000 square feet, but less than 25,000 square feet, the
lot coverage shall not exceed 20 2-e percent;
iii. For lots 25,000 square feet or greater, the lot coverage shall not exceed 15
percent.
2-:-The ORB may forgo the above noted lot coverage restrictions if it concludes that the
retention of the architecturally significant single family home is not practical or feasible,
in which case the ORB review of any request for demolition shall consider the criteria in
subsection (a) herein, as well as the following criteria:
i. VVhether good cause for the demolition of the structure has been shown.
ii. Whether pertinent economic and financial considerations that affect the ability
of the owner to renovate, restore and add on to the structure.
iii. Whether the structural condition of the single family home or other factors
affect the feasibility of renovating, repairing or restoring the structure.
d. The total unit size for the new home shall not exceed 50% and shall not be increased by
the ORB.
e. For lots less than 60' in width, the height of any new construction shall not exceed 25'
above grade and shall not be increased by the DRB. For lots greater than 60' in width.
the height of any new construction shall not exceed 30' above grade and shall not be
increased by the ORB.
t The minimum courtyard requirements specified in Section 142-106 (2).c shall not be
waived by the ORR
R, Two-story structures. or the second floor. shall be set back a minimum of ten additional
feet from the required front and rear yard setback lines. Up to, but not exceeding, 50
percent of the developable width of the second floor may encroach forward to the
minimum front and/or rear setback lines, at the discretion of the ORB.
l1, In the event a new home does not exceed one-story in height, the lot coverage shall not
exceed 35 percent of the lot area; for purposes of this section, a one-story structure shall
not exceed 12 feet in height as measured from minimum flood elevation. A restrictive
covenant. in a form acceptable to the City Attorney, shall be required, ensuring, in
perpetuity, that a 2nd story is not added.
i. The above regulations shall also be a limitation on development in all lots within a single
site that may be split into multiple lots or multiple lots that are aggregated into a single
site, at a future date. When lots are aggregated, the greater of the footprint permitted by
the lot coverage regulations, or the footprint of the larger home, shall apply.
j. Notwithstanding the foregoing, and onlv in the event the Building Official has issued an
Emergency Demolition Order for the subject home, the limitations set forth in
subsections c-h above may be waived or modified, in accordance with the applicable
limitations in Section 142-105, and at the discretion of the ORR
(2) In addition to the development regulations and area requirements of section 142-105, of the
land development regulations of the City Code, the following shall apply in the event an
architecturally significant single-family home constructed prior to 1942 is substantially retained
and preserved. In the event of a conflict between the provisions of section 142-105 and section
118-252, and the regulations below, the provisions herein shall control:
a. The proposed addition and modifications to the existing structure may be reviewed at the
administrative level, provided that the design criteria in Section 142-105 has been
satisfied, subject to the approval of the Planning Director or designee. The design of any
addition to the existing structure shall take into consideration the scale, massing,
building orientation and siting of the original structure on the subject site, and shall be
subject to the review and approval of the planning department, in accordance with the
10
design review criteria in chapter 118, article VI, of the land development regulations of
the City Code.
b. The total lot coverage may be increased to. but shall not exceed J§ 40 percent, and may
be approved at the administrative level. In the event the lot coverage of the existing
structure exceeds 35 percent, no variance shall be required to retain and preserve the
existing lot coverage, and a second level addition shall be permitted, provided it does not
exceed 60 percent of the footprint of the existing structure; no lot coverage variance
shall be required for such addition.
c. The total unit size may be increased to. but shall not exceed, 70 percent and mav be
approved at the administrative level.
d. For lots less than 60' in width, the overall height of any addition, including allowable roof-
top additions, may be increased up to 30' above grade. and may be approved at the
administrative level.
e. For lots greater than 60' in width, the overall height of any addition. including allowable
roof-top additions, may be increased up to 33' above grade, and may be approved at the
administrative level.
f. The minimum courtyard requirements specified in Section 142-106 (2}.c may be waived
at the administrative level, provided that the design criteria in Section 142-105 has been
satisfied, subiect to the approval of the Planning Director or designee.
g. Two-story structures or the second floor may encroach forward to the 20-foot front
setback line. subject to staff approval.
h. The construction of a ground floor addition of more than one story shall be allowed to
follow the existing interior building lines, provided a minimum side setback of 5' is met
subject to staff approval.
i. Habitable additions to, as well as the relocation of, architecturally significant structures,
may project into a required rear or side yard for a distance not to exceed 25 percent of
the required yard, up to the following maximum projections:
i. Interior side yard: 5'
ii. Street side yard: 7'-6"
iii Rear yard: 15'
1 The property owner shall not be required to pay any city planning or public works
department building permit fees associated with the renovation and restoration of the
existing single-family home; any and all non-city impact fees and other fees shall still be
required .
.!s.:. The above regulations shall also be applicable to:
L. any single-family home designated as an historic structure by the historic preservation
board.
iL any single family home constructed prior to 1966, whereby the owner voluntarily seeks
a determination of Architectural Significance and where such home has been
determined to be Architecturally Significant in accordance with Section 142-108(a}.
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.
11
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this __ day of-------' 2013.
ATTEST:
CITY CLERK
First Reading:
Second Reading:
1 2013
1 2013
Verified by:------------
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
07/15/2013
MAYOR
APPROVED AS TO FORM &
LANGUAGE & FOR EXECUTION
City Attorney Date
M:\$CMB\CCUPDATES\Land Use and Development Committee\2013\June 12, 2013\Architecturally Significant SF Home Protection-ORD
June 2013 LUDC.docx
12
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving A Contract
Award, Pursuant To Invitation To Bid No. 173-2013TC, For The Reconstruction Of Surface Parking Lots 12X And
17X, In The Amount Of $630,300.
Key Intended Outcome Supported:
Ensure well-maintained facilities and 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 approve the resolution?
Item Summa /Recommendation:
Parking Lot 12X is located at 900 Washington Ave and 17X is located at 1262 Collins Ave. The existing lots are in
critical need of reconstruction and renovation. They are in poor condition and do not meet ADA compliance. The
City performed the majority of the designs for both including the storm drainage, paving, grading, and landscaping
plans. This project will improve the parking stall size and bring the surface lot into compliance with ADA code
requirements. The redesign will also improve the landscaped areas and provide additional shade.
The project consists of a storm drainage design for both lots; inclusive of the total reconstruction of Lot 17X. Lot
12X will only require milling & resurfacing with minor spot repairs to the sub-base in certain areas and minor curb
replacement. The project shall also incorporate landscaping and irrigation components, as well as, new electrical
lighting. The design of the parking lots complies with all applicable Florida building codes, as well as, the standards
set forth in the Public Works Manual for the City of Miami Beach.
To achieve the described scope of work, Invitation to Bid (ITB) 173-2013TC was issued on May 17, 2013, Bids
were publically advertised and electronically distributed. On June 25, 2013, four (4) bids were received. After
review of bids received, Carivon Construction Company has been deemed the lowest responsive, responsible
bidder.
Recommendation
The Administration recommends that the Mayor and City Commission adopt the attached resolution, which awards
a construction contract to Carivon Construction Company, the lowest responsive, responsible bidder pursuant to
Invitation to Bid (ITB) 173-2013TC, for the reconstruction of Surface Parking Lots 12X and 17X, in the amount of
$573,000; plus a project contingency in the amount of $57,300 (10%) for a not-to-exceed grand total of $630,300;
with previously appropriated funding in the amount of $605,244 from 480 -Parking Operations Fund; of which
$66,000, will be used to pay for landscaping and irrigation related components from the Parking Department
operating budget; additional funding in the amount of $25,056 from 480 -Parking Operations Fund, for contingency
will be subject to appropriation through the fiscal year 13/14 Capital Budget Process; further authorizing the
Administration to en a e in value en ineerin to further reduce the cost and time for com letion of said ro'ect.
I N/A
Financial Information:
Source of
Funds:
OBPI
MIAMI BEACH
Account
480-2635-069357 Surface Lot 12X
480-0463-000312 Surface Lot 12X
480-2635-000356 Surface Lot 12X
480-2635-000356 Surface Lot 12X
480-2013-069357 Surface Lot 17X
480-0463-000312 Surface Lot 17X
480-2013-069358 Surface Lot 17X
480-2013-069358 Surface Lot 17X
13
AGENDA ITEM
DATE
(_{ G-G-
7-17-r: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 M
FROM: Jimmy L. Morales, City Manager
DATE: July 17, 2013
SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING A CONTRACT
AWARD, PURSUANT TO INVITATION TO BID NO. 173-2013TC, FOR
THE RECONSTRUCTION OF SURFACE PARKING LOTS 12X AND 17X, IN
THE AMOUNT OF $573,000, PLUS A CONTINGENCY AMOUNT OF
$57,300; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT
OF $605,244 FROM 480 -PARKING OPERATIONS FUND; AND A
CONTINGENCY AMOUNT OF $25,056 FROM 480-PARKING OPERATIONS
FUND, SUBJECT TO APPROPRIATION THROUGH THE FISCAL YEAR
13/14 CAPITAL BUDGET PROCESS, FOR A TOTAL AMOUNT OF 630,300.
ADMINISTRATION RECOMMENDATION
Approve the resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure well maintained facilities and ensure quality and timely delivery of capital projects.
FUNDING
The total funding required including contingency is $630,300. Funding will be provided from
previously appropriated funds in the amount of $605,244, of which $66,000 will be used to pay
for landscaping and irrigation related components from the Parking Department operating
budget. Additional funding in the amount of $25,056 from 480 -Parking Operations Fund for
contingency will be subject to appropriation through the fiscal year 13/14 Capital Budget
Process. Funding shall be broken down as follows:
PREVIOUSLY APPROPRIATED
Surface Lot 12X:
$146,760 480-2635-069357
$29,857 480-0463-000312
$3.985 480-2635-000356
$180,602 Subtotal
Surface Lot 17X:
$360,240 480-2013-069357
$36' 143 480-0463-000312
$28,259 480-2013-069358
$424,642 Subtotal
$605,244 Total Previously Appropriated
14
Commission Memorandum -ITB 173-2013TC -Reconstruction of Surface Parking Lots 12X And 17X
July 17, 2013
Page 2
NEW APPROPRIATIONS
Surface Lot 12X:
$13,677 480-2635-000356
Surface Lot 17X:
$11 379 480-2013-069358
$25,056 Total New Appropriations
$630,300
BACKGROUND
Grand Total
Parking Lot 12X is located at 900 Washington Ave and 17X is located at 1262 Collins Ave. The
existing lots are in critical need of reconstruction and renovation. They are in poor condition and
do not meet ADA compliance. The City performed the majority of the designs for both including
the storm drainage, paving, grading, and landscaping plans. This project will improve the
parking stall size and bring the surface lot into compliance with ADA code requirements. The
redesign will also improve the landscaped areas and provide additional shade.
SCOPE OF SERVICES
The project consists of a storm drainage design for both lots; inclusive of the total reconstruction
of Lot 17X. Lot 12X will only require milling & resurfacing with minor spot repairs to the sub-
base in certain areas and minor curb replacement. The project shall also incorporate
landscaping and irrigation components, as well as, new electrical lighting. The design of the
parking lots complies with all applicable Florida building codes, as well as, the standards set
forth in the Public Works Manual for the City of Miami Beach.
ITB PROCESS
Invitation to Bid (ITB) 173-2013TC was issued on May 17, 2013, with an opening date of June
25, 2013. The pre-bid conference was held on May 23, 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 44 and 268 prospective bidders respectively
of which 12 and 5 accessed the advertised solicitation respectively. In addition, 155 vendors
were notified via email, which resulted in the receipt of the following four (4) bids:
• Carivon Construction Company
• Central Florida Equipment, Inc.
• Ric-Man International, Inc.
• Team Contracting, Inc.
$573,000.00
$687,480.00
$733,304.91
$882,500.00
After staff's review of the bids received, Carivon Construction Company has been deemed the
lowest responsive, responsible bidder. Carivon Construction Company is a licensed general
contractor specializing in both vertical and horizontal right-of-way construction since 1993.
Their project manager also has over 20 years of construction experience. Carivon has
completed a variety of right-of-way projects for the City of Miami Beach in the past 10 years
including roadway improvements at Carlyle and Dickens Avenue, drainage improvements at
North Bay Road, and safety improvements along Pine Tree Drive. Also, the reconstruction of
the 13X surface parking lot is currently underway and being managed by Carivon.
15
Commission Memorandum-ITB 173-2013TC-Reconstrnction of Surface Parking Lots 12X And 17X
July 17, 2013
Page3
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
Carivon Construction Company 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 adopt the attached
resolution, which awards a construction contract to Carivon Construction Company, the lowest
responsive, responsible bidder pursuant to Invitation to Bid (ITB) 173-2013TC, for the
reconstruction of Surface Parking Lots 12X and 17X, in the amount of $573, 000; plus a project
contingency in the amount of $57,300 (1 0%) for a not-to-exceed grand total of $630,300; with
previously appropriated funding in the amount of $605,244 from 480 -Parking Operations Fund;
of which $66,000, will be used to pay for landscaping and irrigation related components from the
Parking Department operating budget; additional funding in the amount of $25,056 from 480 -
Parking Operations Fund, for contingency will be subject to appropriation through the fiscal year
13/14 Capital Budget Process; further authorizing the Administration to engage in value
engineerin~urther reduce the cost and time for completion of said project.
J LM/MT tKGlt'DM/AD
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16
RESOLUTION TO BE SUBMITTED
17
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18
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 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 Schedules For Violations
Of Sections 90-36 And 90-96 And Providing For Consistent Terminology Regarding First And Subsequent
Offenses; By Amending Section 90-40, Entitled "Fine Schedule For Violations Of Sections 90-98, 90-107,
90-191 Et Seq.; 90-221 Et Seq.; And 90-228 By Private Waste Contractors," By Amending And Providing
For Fine Schedules And Violations Consistent With The Provisions In The Referenced Sections And In
Sections 90-36, 90-99 And 90-100, And Providing For Consistent Terminology Regarding First And
Subsequent Offenses; By Amending Section 90-222, Entitled "List Of Accounts," By Providing Reporting
Requirements For Discontinued Accounts Consistent With Section 90-36; Providing For Repealer,
Severability, Codification, And An Effective Date.
Ke Intended Outcome Su orted:
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
At the March 13, 2013 meeting, the City Commission referred a "Discussion Regarding The Issuance Of A
Request For Qualifications For A Third Franchise Solid Waste Contractor For Residential And Commercial
Solid Waste Collections And Disposal" to its next Finance and Citywide Projects Committee (FCWPC)
meeting.
At the March 21 FCWPC meeting, Public Works Assistant Director Jay Fink and Sanitation Division
Director AI Zamora presented the item. They stated that the City currently has three (3) contracts for solid
waste/recycling collection and disposal with: Waste Management of Dade County, Waste Services, Inc.,
and Choice Environmental Services of Miami. However, the City has recently learned that Choice
Environmental Services is being acquired by Waste Services, Inc.
It is noted that negotiations between the Franchise Haulers are still taking place; however, they are
expected to be completed in late 2013. The Committee recommended that Public Works advance the
preparation of a Request for Qualifications (RFQ) for a third solid waste franchise contractor, and to bring
the item back to the FCWPC, so that the City is prepared when the acquisition of Waste Services, Inc. is
finalized.
At the April 17, 2013 City Commission meeting, item C2A, a "Request For Approval To Issue A Request
For Qualifications (RFQ) For A Third Solid Waste Franchise Contractor To Provide Commercial Waste
Collections And Disposal Services" was presented, then deferred by the Commission. The Administration
recommended that the RFP's and RFQ's in their entirety should be avail,able for review when they are
brought in front of the Commission for approval and not just the terms and conditions.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON FIRST READING.
Advisory Board Recommendation:
At the May 8, 2013 City Commission meeting, the item was referred to the FCWPC. During the May 13,
2013 FCWPC meeting, as a result of previous complaints regarding problems with sanitation, including
missed pick-ups, overflowing containers and customer service, it was suggested to amend Chapter 90 of
the City Code to address these concerns and forward the item to the City Commission for review and
discussion prior to the issuance of a new RFQ.
Financial Information:
Source of I Amount
Funds: 1 I
OBPI Total I
Financial Impact Summary: N/A
MIAMI BEACH
ger
19
Account
AGENDA ITEM R. 5 F
DATE 7-17-13
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM: Jimmy L. Morales, City Manager
DATE: July17,2013
SUBJECT: AN ORDINANCE OF THE MAY R AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, 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 SCHEDULES
FOR VIOLATIONS OF SECTIONS 90-36 AND 90-96 AND PROVIDING FOR
CONSISTENT TERMINOLOGY REGARDING FIRST AND SUBSEQUENT
OFFENSES; BY AMENDING SECTION 90-40, ENTITLED "FINE SCHEDULE FOR
VIOLATIONS OF SECTIONS 90-98; 90-107; 90-191 ET SEQ.; 90-221 ET SEQ.; AND
90-228 BY PRIVATE WASTE CONTRACTORS," BY AMENDING AND PROVIDING
FOR FINE SCHEDULES AND VIOLATIONS CONSISTENT WITH THE PROVISIONS
IN THE REFERENCED SECTIONS AND IN SECTIONS 90-36, 90-99, AND 90-100,
AND PROVIDING FOR CONSISTENT TERMINOLOGY REGARDING FIRST AND
SUBSEQUENT OFFENSES; BY AMENDING SECTION 90-222, ENTITLED "LIST
OF ACCOUNTS," BY PROVIDING REPORTING REQUIREMENTS FOR
DISCONTINUED ACCOUNTS CONSISTENT WITH SECTION 90-36; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Ordinance on First Reading.
BACKGROUND:
At the March 13, 2013 meeting, the City Commission referred a "Discussion Regarding The
Issuance Of A Request For Qualifications For A Third Franchise Solid Waste Contractor For
Residential And Commercial Solid Waste Collections And Disposal" to its next Finance and
Citywide Projects Committee (FCWPC) meeting.
At the March 21 FCWPC meeting, Public Works Assistant Director Jay Fink and Sanitation
Division Director AI Zamora presented the item. They stated that the City currently has three (3)
contracts for solid waste/recycling collection and disposal with: Waste Management of Dade
County, Waste Services, Inc., and Choice Environmental Services of Miami. However, the City
20
Solid Waste Ordinance Amendment -Memo
July 17, 2013
Page 2 of2
has recently learned that Choice Environmental Services is being acquired by Waste Services,
Inc.
It is noted that negotiations between the Franchise Haulers are still taking place; however, they
are expected to be completed in late 2013. The Committee recommended that Public Works
advance the preparation of a Request for Qualifications (RFQ) for a third solid waste franchise
contractor, and to bring the item back to the FCWPC, so that the City is prepared when the
acquisition of Waste Services, Inc. is finalized.
At the April 17, 2013 City Commission meeting, item C2A, a "Request For Approval To Issue A
Request For Qualifications (RFQ) For A Third Solid Waste Franchise Contractor To Provide
Commercial Waste Collections And Disposal Services" was presented, then deferred by the
Commission. The Administration recommended that the RFP's and RFQ's in their entirety
should be available for review when they are brought in front of the Commission for approval
and not just the terms and conditions.
At the May 8, 2013 City Commission meeting, the item was referred to the FCWPC. During the
May 13, 2013 FCWPC meeting, as a result of previous complaints regarding problems with
sanitation, including missed pick-ups, overflowing containers and customer service, it was
suggested to amend Chapter 90 of the City Code to address these concerns and forward the
item to the City Commission for review and discussion prior to the issuance of a new RFQ.
ANALYSIS
Upon review of the violations and fine structure set forth in Chapter 90, certain cleanup revisions
as set forth in the proposed Ordinance should be made.
CONCLUSION
The Administration recommends approving the Ordinance on First Reading.
JLM\MT\~\JF\FS
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21
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
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 SCHEDULES FOR VIOLATIONS
OF SECTIONS 90-36 AND 90-96 AND PROVIDING FOR CONSISTENT
TERMINOLOGY REGARDING FIRST AND SUBSEQUENT OFFENSES; BY
AMENDING SECTION 90-40, ENTITLED "FINE SCHEDULE FOR
VIOLATIONS OF SECTIONS 90-98; 90-107; 90-191 ET SEQ.; 90-221 ET
SEQ.; AND 90-228 BY PRIVATE WASTE CONTRACTORS," BY AMENDING
AND PROVIDING FOR FINE SCHEDULES AND VIOLATIONS CONSISTENT
WITH THE PROVISIONS IN THE REFERENCED SECTIONS AND IN
SECTIONS 90-36, 90-99, AND 90-100, AND PROVIDING FOR CONSISTENT
TERMINOLOGY REGARDING FIRST AND SUBSEQUENT OFFENSES; BY
AMENDING SECTION 90-222, ENTITLED "LIST OF ACCOUNTS," BY
PROVIDING REPORTING REQUIREMENTS FOR DISCONTINUED
ACCOUNTS CONSISTENT WITH SECTION 90-36; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, at the April 17, 2013 City Commission meeting, item C2A, a "Request For
Approval To Issue A Request For Qualifications (RFQ) For A Third Solid Waste Franchise
Contractor To Provide Commercial Waste Collections And Disposal Services" was presented,
then deferred by the Commission to its next meeting; and
WHEREAS, at the May 8, 2013 City Commission meeting, the item was referred to the
Finance and Citywide Projects Committee (FCWPC); and
WHEREAS, as a result of previous complaints regarding problems with sanitation,
including missed pick-ups, overflowing containers, and customer service, it was suggested by
FCWPC at its May 13, 2013 meeting to amend Chapter 90 to address these concerns and
forward the item to the City Commission for review and discussion; and
WHEREAS, upon further review of the violations and fine structure set forth in Chapter
90, certain cleanup revisions as set forth in this Ordinance should be made.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article II, entitled "Administration," of Chapter 90 of the Miami Beach City
Code, entitled "Solid Waste," is hereby amended as follows:
22
CHAPTER 90
SOLID WASTE
ARTICLE II. ADMINISTRATION
Sec. 90-39. Fine schedule for violations issued and applied to owners, agents, tenants,
occupants, operators or managers, or persons responsible for the violation.
(a) Violation(s) of section 90-36
A solid waste violation or accumulation of solid waste that creates
a health hazard, environmental hazard or nuisance.;.
a. First offense .....
b. Second or subsequent offense .....
(b )taj Violations of sections 90-96, 90-97 and 90-98
100.00
200.00
Fine
(1) The placement of dumpsters, garbage, trash, bulky and/or industrial waste Garbage
facilities on public property without a permit:
a. First occurrence offense .....
b. Second or subsequent offense Following, per occurrence .....
(2) Dumpsters located and kept on front yard or side yard facing street
(corner lots) .....
(3) Dumpsters not kept in approved garbage storage facility .....
(4) Owners; occupants; or operator or managers without garbage collection
service where required by this chapter (private or city) .....
(5) Individual properties with different ownerships sharing the same
service, with or without consent, per owner .....
(c)~ Violations of sections 90-99 and 90-100
(1) Open lid on garbage facility(ies) .....
(2) Insufficient garbage facility(ies) capacity .....
(3) Insufficient frequency of garbage collection .....
(4) Overloaded garbage facility(ies) .....
(5) Lack of/or deteriorated garbage facility(ies) .....
(6) Garbage or miscellaneous trash around garbage facility(ies) .....
2
23
$50.00
100.00
Fine for
Failure To
Correct in
Specified Time
After Notice
$50.00
50.00
100.00
100.00
Fine
25.00
50.00
50.00
50.00
50.00
50.00
(d)fGf Violations of sections 90-100-90-105:
(1) Illegal disposal of garbage, trash, industrial and bulky waste:
a. First occurrence offense .....
b. Second or subsequent offense Following, per occurrence .....
(2) Illegal disposal of garden trash, tree and shrubbery trash and/or special
handling trash:
a. First occurrence offense .....
b. Second or subsequent offense Following, per occurrence .....
(3) Illegal disposal of biohazardous and/or hazardous waste:
a. First occurrence offense .....
b. Second or subsequent offense Following, per occurrence .....
(d) Violation(s) of section 90 36
(1) Creation of health hazard, environmental hazard, or nuisance:
a. First OCGUFFence .... e. Follov.'ing, per oecurFenee .....
50.00
100.00
50.00
100.00
250.00
1000.00
100.00
200.00
Sec. 90-40. Fine schedule for violations of sections 90-36; 90-98; 90-99; 90-100; 90-107;
90-191 et seq.; 90-221 et seq.; and 90-228 by private waste contractors.
(a) Violations of section 90-36
Fine for
failure to
correct in
specified time
after notice
The existence of the same garbage inside the same garbage container for
four consecutive days upon a premises serviced by a private waste contractor
a. First offense .....
b. Second or subsequent offense .....
(b )fat Violations of section 90-98
(1) Dumpsters and rolloffs placed on public property without city permit,
per day .....
( c )fbj Violations of sections 90-99 and 90-1 00
(1) Deteriorated, rusted, decayed or unserviceable dumpsters .....
(2) Outdoor garbage dumpster(s) without lid .....
(3) Failure to remove all garbage and trash placed in garbage can or
container and generated by the account being serviced .....
(d)fGf Violations of sections 90-191 et seq. through 90-196; and 90-221
through 90-228 et seq.
(1) Dumpsters currently in service, overflowing and generating
a health hazard, per occurrence offense ....
(2) Dumpsters not sanitized or disinfected after collection .....
(3) Dumpsters not removed after account is closed or permit or
license is revoked .....
(4) Dumpsters without contractor's identification .....
(5) Dumpsters or other garbage facility(ies) installed without permits .....
(6) Garbage facilities placed by contractor without permit:
a. First occurrence offense .....
3
24
100.00
250.00
$100.00
150.00
100.00
250.00
500.00
100.00
100.00
50.00
100.00
50.00
b. Second or subsequent offense Following, per occurrence by
same contractor during same city fiscal year .....
(7) Contractors not reporting timely a stopped service in writing to the
City Manager or his designee (temporary or permanent) .....
(8) Contractor's truck breaking sidewalks, curb and gutters; contractor's
truck driving over sidewalks, curbs, and blocking pedestrian
traffic; or breaking water meter, electric meter or other types
or lids on City property; cost of replacement by City plus:
a. First occurrence offense .....
b. Second or subsequent offense Following, per occurrence ....
(9) Contractors leaving trucks, not servicing accounts, parked within
City limits, per day .....
$100.00
(1 0) Dumpsters not in service and generating a health hazard and
dumped on City limits prior to removal, per offense occurrence .....
(11) Dumpsters not returned by contractor to approved location, per
offense occurrence .....
i1.fl_Dumpsters providing shared service to properties with different
ownership, per offense occurrence .....
(13) Failure to maintain an office in Miami Dade County with adequate
staff and service or failure to resolve complaints within required
time period:
a. First offense .....
b. Second or subsequent offense ....
{G-1(14) Violations of section 90 228: Failure to remove all garbage,
rubbish and trash in garbage can or container and placed within
immediate area of owner, occupant, or operator or manager's
property line where container is located and, at a minimum,
within a radius of ten feet around the container
a. First offense occurrence .....
b. Second or subsequent offense Following, per occurrence
by same contractor during same city fiscal year ....
(15} Contractor's trucks or garbage facilities leaking fluids, per offense ....
(16) Violation of collection hours, per offense ....
(17) Failure of permanent contractor employees to carry approved
200.00
50.00
100.00
200.00
500.00
50.00
200.00
Warning
100.00
Fine for
failure to
correct in
specified time
after notice
Warning
50.00
50.00
100.00
identification cards while servicing account (s), per offense . . .. 50.00
(e) Payment of City's costs. In addition to the above-stated fines, violators must also pay
any costs incurred by the city in the event the city corrects any violation(s) pursuant to
sections 90-36 and 90-37.
4
25
SECTION 2. That Division 3, entitled "Franchise" of Article IV, entitled "Private Waste
Contractors," of Chapter 90 of the Miami Beach City Code, entitled "Solid Waste," is hereby
amended as follows:
CHAPTER 90
SOLID WASTE
* * *
ARTICLE IV. PRIVATE WASTE CONTRACTORS
Division 3, Franchise
Sec. 90-222. List of accounts.
(a) Each franchise waste contractor shall provide the City Manager with the following
information upon initial application for a franchise and, thereafter, at the commencement of
each application for renewal:
(1) A current list of the names and addresses of each account franchise:
(2) The frequency of service;
(3) The permit number and capacity of each waste dumpster as per account;
(4) The permit number and capacity for each recycling container, as per account;
(5) The address serviced by each dumpster; and
(6) The address serviced by each recycling container.
(b) No property owner may share an account with another property owner.
(c) Notwithstanding subsection (a)(1), the contractor shall notify the City Manager, in writing,
on a monthly basis, of any changes in its list of accounts.
(d) Each franchise waste contractor shall notify the City of all accounts that have been
discontinued prior to the accumulation of garbage on the previously services premises.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
5
26
SECTION 5. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect the day of--------'' 2013.
PASSED and ADOPTED this day of ________ , 2013.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Deede Weithorn)
Underline denotes additions
Strike through denotes deletions.
MAYOR MATTI HERRERA BOWER
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