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20130911 FULLMIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive September 11,2013 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.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move any agenda item to the alternate meeting date, which will only be held if needed. In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. Call to Order-9:00 a.m. Inspirational Message, Pledge of Allegiance Requests for Additions, Withdrawals, and Deferrals The City Commission will recess for lunch at approximately 1 :00 p.m. Presentations and Awards Regular Agenda PA Presentations and Awards R2 Competitive Bid Reports R5 Ordinances Consent Agenda R7 Resolutions C2 Competitive Bid Reports R9 New Business & Commission Requests C4 Commission Committee Assignments R10 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, September 11, 2013 Presentations and Awards PA1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For July 2013. (Requested by Commissioner Jorge R. Exposito) PA2 Certificates Of Recognition To Be Presented To Some Members Of The Manager's Office, The Miami Beach Chamber Of Commerce And Some Members Of The Mayor's Office, For Their Prompt Assistance During The Fire At 255 West 24th, Mantell Plaza, On July 31, 2013. (Requested by Commissioner Jorge R. Exposito) PA3 Proclamation To Be Presented In Honor Of Hispanic Heritage Month (September 15 -October 15, 2013). (Requested by the City Commission) PA4 Introducing The Principals From Miami Beach Senior High, John Donohue; Treasure Island Elementary, Sherry Krubitch; And Nautilus Middle, R. Bellmas, To The Miami Beach Community. (Requested by the City Commission) PA5 Proclamation To Be Presented To Wendy Unger In Honor Of National Hereditary Breast & Ovarian Cancer Week In The City Of Miami Beach. (Requested by the City Commission) PA6 Certificate Of Recognition To Be Presented To Ms. Carolina Garda-Aguilera For Her Contributions As A Cuban Born American Writer, Authoring 10 Books To Date. (Requested by Mayor Matti Herrera Bower) PA7 Certificate Of Appreciation To Be Presented To Dr. Leslie Rosenfeld For Her Contributions, Hard Work And Dedication To The Miami Beach Public Schools, Students And Teachers. (Requested by Mayor Matti Herrera Bower) PAS Update By The Miami Beach~Miami LGBT Sports & Cultural League, The Organizers Of The 2017 World Outgames And A Presentation On Behalf Of The City Of San Pedro Necta, Guatemala And Mayor Rony Vitalino Galicia Herrera To The City Of Miami Beach. (Requested by Mayor Matti Herrera Bower) PA9 Certificate Of Recognition To Be Presented To Christian "Chris" Demelo For His Victory In The North Miami PAL Boxing Tournament Representing Miami Beach. (Requested by Mayor Matti Herrera Bower) PA10 Key To The City To Be Presented To Miami Beach Resident Joey Dedio "Tio Papi," Actor, Writer And Producer Of Award Winning Film Tio Papi. (Requested by Vice-Mayor Edward L. Tobin) 2 2 Commission Agenda, September 11, 2013 Presentations and Awards (Continued) PA11 Certificates Of Recognition To Be Presented To The Principal, Vice Principals And Teachers Of Miami Beach Senior High In Miami Beach. (Requested by Commissioner Michael Gongora) PA12 Proclamation To Be Issued For "Drive 4 Pledges Day" On September 19, 2013. (Requested by Commissioner Michael Gongora) CONSENT AGENDA Action: Moved: Seconded: Vote: C2 -Competitive Bid Reports C2A Request For Approval To Issue A Request For Proposals (RFP) No. 2013-411 MF For An Electronic Agenda System. (City Clerk's Office/Procurement) C2B Request For Approval To: 1) Reject All Proposals Received, Pursuant To Request For Proposals (RFP) No. 54-11/12 For The Provision Of Credit Card Merchant Processing Services To The City Of Miami Beach For A Five-Year Period With Five One-Year Renewal Options; And, 2) Issue A RFP For The Required Services. (Finance Department/Procurement) C2C Request For Approval To Exercise Term Renewal Options On Contracts For Routine Operational Requirements. (Procurement) C2D Request For Approval To Award A Contract, Pursuant To Invitation To Bid (ITB) No. 269- 2013ME, For Janitorial Services, Citywide. (Property Management/Procurement) C2E Request For Approval To: 1) Reject All Proposals Received Pursuant To Request For Proposals (RFP) No. 188-2013TC For Audits Of Resort Taxes And Other Internal Audits As Needed; And, 2) Authorize The Extension Of Existing Contracts On A Month-To-Month Basis Until Such Time As A New Contract Is Awarded. (Budget & Performance Improvement/Procurement) 3 3 Commission Agenda, September 11, 2013 C4 -Commission Committee Assignments C4A Referral To The Finance And Citywide Projects Committee To Discuss Enhancements To Our Parking System To Offer Residents Better Rate As It Pertains To Scooters And Motorcycles, And Set Up Special Spaces To Encourage The Use Of Scooters And Motorcycles To Further Reduce Traffic. (Requested by Commissioner Jorge Exposito) C4B Referral To The Neighborhood/Community Affairs Committee ~ Discussion Regarding The Permanent Closure Of The 400 Block Of Espanola Way Between Washington Avenue And Drexel Avenue. (Public Works) C4C Referral To The Land Use And Development Committee ~ Discussion Regarding Revisions To City Code Chapter 54, Variance Requirements For Historic Structures. (Building Department) C4D Referral To The Neighborhood/Community Affairs Committee For A Discussion Regarding Water Taxi Proposal. (Tourism, Culture & Economic Development) C4E Referral To The Land Use And Development Committee -Ordinance Amendment Pertaining To Oversized Single Family Homes. (Sponsored by the Planning Board) (Legislative Tracking: Planning) C4F Referral To The Planning Board -Proposed Amendment To The Land Development Regulations To Regulate Religious Institutions In Multi-Family Residential, Commercial And Industrial Districts In The Same Manner As Other Assembly Uses With Similar Occupancy. (Sponsored by the Land Use And Development Committee) (Legislative Tracking: Planning) C4G Referral To The Planning Board -Proposed Amendment To The Land Development Regulations To Expand The Permitted Uses Of RM-2 Zoned Properties To Include Office Uses For Hotels. (Sponsored by Commissioner Deede Weithorn/Land Use & Development Committee) (Legislative Tracking: Planning) C4H Referral To The Planning Board -Proposed Amendment To The Land Development Regulations That Would Address And Clarify The Eligibility For Contributing Buildings In Historic Districts To Be Converted To Bed & Breakfast Inns. (Sponsored by Commissioner Michael G6ngora/Land Use & Development Committee) (Legislative Tracking: Planning) 4 4 Commission Agenda, September 11, 2013 C4 ~Commission Committee Assignments (Continued) C41 Referral To The Neighborhood/Community Affairs Committee To Discuss The Possible Renaming Of 21st Street, From Miami Beach Drive To Washington Avenue, As "Collins Park South" And 22nd Street, From Miami Beach Drive To Dade Boulevard, As "Collins Park North." (Requested by Mayor Matti Herrera Bower) C4J Referral To The Land Use And Development Committee -Special Public Workshop On Architecturally Significant Homes-The City Of Coral Gables Ordinance Language In Regards To The Review Of Total Demolition Requests For Single Family Homes. (Requested by Mayor Matti Herrera Bower) C4K Referral To The Land Use And Development Committee -Proposed Amendment To Chapter 6, Alcoholic Beverages, To Correct Scrivener's Errors Regarding On-Premises And Off-Premises Consumption. (City Attorney's Office) C4L Referral To The Land Use And Development Committee To Consider An Amendment To Article II, Section 142 Of The Land Development Regulations, To Modify The Regulations Pertaining To Minimum Hotel Unit Size Requirements In The City's Commercial Zoning Districts, Permitting Nonconforming Historic Hotels To Be Significantly Renovated Without The Need For Additional Variances For Unit Size. (Requested by Commissioner Michael Gongora) C4M Referral To The Neighborhood/Community Affairs Committee To Discuss The Disability Access Committee's Motion In Regards To Alternative Leaf Blowers. (Requested by Commissioner Michael Gongora) C4N Referral To The Land Use And Development Committee To Discuss The Beachwalk II Project- Phase II (3rd Street To 5th Street). (Requested by Commissioner Michael Gongora) C40 Referral To Land Use And Development Committee -Discussion Regarding The Creation Of An Overlay District Including And Adjacent To, Or Possible Rezoning Of, The Property Located At 1729 Lenox Avenue To Accommodate Additional Children At The Temple Beth Shmuel Montessori School. (Requested by Mayor Matti Herrera Bower) C4P Referral To The Neighborhood/Community Affairs Committee Regarding Recycling Ordinance Amendment Recommended By The Sustainability Committee, Which Changes The Number Of Multifamily Units Required To Recycle From Nine Or More Units To Two Or More Units. (Requested by Commissioner Jerry Libbin) 5 5 Commission Agenda, September 11, 2013 C6 -Commission Committee Reports C6A Report Of The Special Finance And Citywide Projects Committee Meeting Of July 8, 2013: Old Business: 1) Update On Potential Municipal Marketing Partnership For Sunscreen Licensing Deal Or Sponsorship With Energizer. New Business: 1) Discussion: Status Update On FY 2013/14 General Fund Operating Budget. 2) Review Of Budget Advisory Committee Recommendations For Health Insurance Plans. C6B Report Of The Special Finance And Citywide Projects Committee Meeting Of July 10, 2013: 1) Discussion Regarding Capital Projects: a) Proposed Capital Renewal And Replacement Projects; b) FY 2013/14 Capital Project Prioritization. 2) Proposed Uses Of Law Enforcement Trust Funds. C6C Report Of The Land Use And Development Committee Meeting Of July 22, 2013: 1) Reduced Parking Rates For Hotel Employees. 2) Discussion Of The Miami Beach Current City Code Chapter 6-4 (3) Relating To Alcoholic Beverage Sales That Requires A 300Ft. Distance Between Liquor Stores And Ask That The City Look Into Adopting The County Requirement Of 1500 Feet. 3) Review Of Miami Beach Land Use Boards To Improve The City Of Miami Beach Building And Planning Department Processes. 3a) Boat Docks And Marine Structures Ordinance. 4) Discussion Regarding The Possibility Of Restricting Destination Restaurants In The South Of Fifth Neighborhood. 5) Discussion Of Parking Issues Relating To 816 West 40th Street. 6) Discussion Of The Legalization Of The Current Use Of 3767 Chase Avenue. 7) Discussion Regarding Food Trucks On Private Property. 8) Discussion On A Code Amendment Requiring That The Planning Board Has Up To Two (2) Meetings To Consider A Proposed Amendment; Or If No Recommendation Is Made After Two (2) Meetings, It Goes To Commission Without Planning Board Recommendation. 9) Discussion Regarding Public Safety Issues In Abandoned Homes On Miami Beach (i.e. Beehive). 10) Zoning And Planning Initiatives For North Beach Including Ordinance Amendments For Parking Requirements And Development Regulations. 11) Discussion Pertaining To "Smarter Materials For Next Generation Infrastructure," Such As Eliminating The Disposal Of Tires In Global Landfills And Incinerators. 12) Discussion Regarding The Condition Of The Stones In The 1100 Block Of Lincoln Road. 13) An Amendment To The Land Development Regulations To Regulate Religious Institutions In Multi-Family Residential, Commercial And Industrial Districts In The Same Manner As Other Assembly Uses With Similar Occupancy. 14} Discussion Regarding An Amendment To The Land Development Regulations To Regulate Temporary Business Signs On Public Property. 15) Discussion Regarding An Amendment To Expand The Permitted Uses Of RM-2 Zone Properties And To Include The Following Proposed Language: Sec. 142-212. -Main Permitted Uses. The Main Permitted Uses In The RM-2 Residential Multifamily, Medium Intensity District Are Single-Family Detached Dwellings; Townhomes; Apartments; Apartment-Hotels; And Hotels.; And Offices That Are Incidental To And Customary With A Hotel In The RM-3 District Fronting Collins Avenue Located No More Than 1 ,200 Feet From The Property, Measured By Following A Straight Line From The Lot On Which The Office Is Located To The Lot On Which The Hotel Is Located, Provided That The Lot On Which The Office Is Located Shall Be Governed By A Restrictive Covenant, Approved As To Form By The City Attorney's Office And Recorded In The Public Records Of The County As A Covenant Running With The Land, Stipulating That The Office Use Shall Be Incidental To And Customary In Connection With The Hotel And May Only Remain So Long As The Hotel Use Continues. 16) Discussion On An Ordinance Requiring An Outside Firm Or The City Being The Entity That Mails Notices In Land Use Situations. 17) Discussion Regarding Chapter 30, Entitled "Code Enforcement," Article I, Entitled "In General," Article II, Entitled "Special Masters," And Article Ill, Entitled "Enforcement Procedure," Of The Code Of The City Of Miami, Florida. 18) Discussion On Chapter 46, Entitled "Environment," Article IV, Entitled "Noise," Of The Code Of The City Of Miami Beach, Florida. 1 9) Discussion On An Amendment To The 6 6 Commission Agenda, September 11, 2013 Land Development Regulations Which Would Address And Clarify The Eligibility For Contributing Buildings In Historic Districts To Be Converted To Bed & Breakfast Inns Within The City Of Miami Beach. 20) 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. 21) A Resolution To Amend The City's Human Rights Ordinance To Require The Posting Of Notices In Every Place Of Housing And Housing Accommodation And City Of Miami Beach Department And Facility That Is Subject To The Human Rights Ordinance. 22) Referral To The Land Use And Development Committee -Discussion Regarding Incorporating The Stormwater Management Master Plan Into The Land Development Regulations. 23) Consideration Of A Proposed Ballot Question To Permit Limited Transfer Of FAR Within A Specific Zone, Pursuant To Criteria That Shall Be Established In Upcoming Ordinances Regarding Alton Road. 24) Discussion On Items Automatically Being Withdrawn If Not Heard Within Six Months From Referral Date Per Resolution No. 2013-28147. C6D Report Of The Special Finance And Citywide Projects Committee Meeting Of July 25, 2013: 1) Discussion Regarding An Amendment To The Lease By And Between The City Of Miami Beach ("Landlord") And Massage Partners, Inc. ("Tenant") Dated September 15, 2010, For The Premises Located At 1701 Meridian Avenue, Unit 2 (AJK/A 767 17th Street), Miami Beach, Florida, Concerning: 1) The Additional Use Of The Demised Premises As A Nail Salon; And 2) The Use Of The Common Area Restrooms Located On The Second Floor Of The 1701 Meridian Avenue Office Building For Tenant's Nail Salon Customers. 2) Discussion Update Regarding World Out Games Miami Beach 2017. 3) Discussion Regarding A New Lease Agreement And A Concession Agreement By And Between The City Of Miami Beach ("Landlord") And Damian J. Gallo & Associates, Inc. ("Tenant") Involving The Use Of Approximately 1,269 Square Feet Of Ground Floor Retail Space Located At 1701 Meridian Avenue, Unit 4 (A/KIA 775 17th Street), Miami Beach, Florida. 4) Discussion Regarding The Proposed Vacation Of The Alley Included In The Amended Plat Of The Aquarium Site Re-Subdivision (500 Block Of Alton Road). 5) Discussion Regarding Potential Annual Funding Sources For The Refund Of Green Building Program Certification Application And Review Fees As Stipulated By The Green Building Ordinance. 6) Discussion To Require Giving Favorability To The Use Of Veterans And Disabled Veterans On Large Building Projects Within The City. 7) Discussion Regarding The Renewal Option Pertaining To The Retail Lease Agreement With 1560 Collins Ave., Inc, D/B/A Shan ("Tenant"), For The Use Of Suites B And C In The Anchor Shops, Located At 1560 Collins Avenue, Suite No 2, Miami Beach, Florida ("Space"); Consideration Of The US Vintage Proposal; And, Should Tenant Decide Not To Renew, Authority To Negotiate A Termination Agreement With Tenant, Simultaneously With The Authority To Either Accept The US Vintage Proposal Or Market The Space. 8) Discussion Regarding Entering Into A Professional Services Agreement With The International City/County Management Association ("ICMA") For Review And Recommendations For Efficiencies For The Fire Department; Authorizing The City Manager And City Attorney's Office To Negotiate And Draft The Agreement Based Upon The Approved Terms; And Authorizing The Mayor And City Clerk To Execute The Final Agreement In An Amount Not To Exceed $70,000. 9) Discussion Concerning The Early Termination Of An Existing Retail Lease Agreement Between Miami Beach Redevelopment Agency ("Landlord") And Cadiac, Inc. D/B/A US Vintage ("Tenant"), Involving Suites 0 And E In The Anchor Shops, Located At 1550 Collins Avenue, Miami Beach, Florida ("Space"); And Entering Into A New Lease Agreement With The Managing Entity For Said Space, US Vintage, Inc. ("US Vintage") For An Initial Term Of Three (3) Years, Commencing On October 1, 2013 And Ending On September 30, 2016, With Two (2) 7 7 Commission Agenda, September 11, 2013 Renewal Options Of Three (3) Years And Three (3) Years And 364 Days Respectively, At The RDA's Sole And Absolute Discretion, Subject To And Pursuant To The Terms And Conditions Set Forth In The Agreement. 1 0) Discussion Regarding The Issuance Of An RFP For The Management And Operation Of Street Markets On Lincoln Road, Normandy Village, Collins Park, And Other Locations. 11) Discussion Regarding Hiring An Inspector To Investigate Claims Of Fraudulent Activity And Perform Other Investigative Services. 12) A) Discussion Of Meals Distributed By Little Havana Activities & Nutrition Centers. B) Discussion Of Budgetary Resources To Keep Funding Social Programs. 13) Discussion On Items Automatically Being Withdrawn If Not Heard Within Six Months From Referral Date Per Resolution No. 2013-28147. C6E Report Of The Special Finance And Citywide Projects Committee Meeting Of August 21, 2013: 1) General Fund CSL Update (OBPI) -Including Impact Of Bargaining Unit Agreements/Givebacks. 2) Updates Related To The General Fund Budget: a. Discussion On Increasing The Living Wage; b. Food Trucks; c. Information Technology Projects; d. Status Update On Senior Meals; e. Status Update On Planning Days; f. Sunscreen Licensing Agreement; g. Updated Discussion On Proposed Funding Cuts For Libraries; And h. Discussion On Hispanic Heritage Affairs Committee Motion On Hispanic Heritage Month. 3) Lincoln Road Proposed Enhancements. 4) Potential Efficiencies, Service Reductions, Revenue Enhancements And Service Enhancements (OBPI). C6F Report Of The Special Finance And Citywide Projects Committee Meeting Of August 22, 2013: 1) Carryover Of Any Items From August 21, 2013. 2) Other Issues From Non-General Fund Budgets: a) Update Regarding World Out Games; b) Mass Transit Circulator Funding; c) GMCVB Budget For City Of Miami Beach Initiatives; d) Proposed "Visitors Convention Authority" Budget; e) Proposed Water And Sewer Rates; f) Discussion Regarding Future Stormwater Bonds And Related Rates. C6G Report Of The Neighborhood/Community Affairs Committee Meeting Of July 29, 2013: 1) Discussion Regarding The 1st Annual "Canstruction" Jr. South Florida Competition. 2) Discussion Regarding Building A Guardhouse At East Entrance Of Normandy Shores. 3) Discussion Regarding A Request To Set Up Maintenance Standards For All City Plaques. 4) Discussion Regarding Bringing The Junior Orange Bowl Tennis Tournament To Miami Beach. 5) Discussion Regarding Bicyclist Safety Campaign With The Miami Beach Police Department, Deco Bikes And Local Bicycle Rental Companies. 6) 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. 7) Discussion Regarding Miami Beach Mass Transit Loop And Transit Enhancement For North Beach And Middle Beach Circulator. 8) Discussion To Consider A New False Claims Ordinance (Whistle Blower). 9) Discuss A Potential Public Basketball Court To Be Located Between 8th And 9th Streets, West Of The Dune, Near The Exercise Equipment. 10) Discussion Regarding The Transportation And Parking Committee And The Bicycle-Pedestrian Facilities Advisory Committee Of A Resolution Approving An Amendment To The Flamingo Neighborhood Basis Of Design Report As Requested By The Flamingo Park Neighborhood Association For 1 0-Foot Wide Travel Lanes In The Local Avenues, 6-Foot Wide Sidewalks, And For A Cycle Track On 16th Street. 11) An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay Districts," Creating Division 8 "Alton Road -Historic District Buffer Overlay," By Including Section 142~858 "Location And Purpose," And Section 142-859 "Development Regulations," Including Among Other Provisions Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum Setbacks; Building 8 8 Commission Agenda, September 11, 2013 Separation; Demolition Or Additions To Contributing Buildings In An Historic District; And Land Use Regulations For Location Of Retail Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq. Ft.; And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance; Providing For Codification; Repealer; Severability; And An Effective Date. 12) Quarterly Reports, Code Enforcement, Police And Sanitation Washington Avenue. C7 ~ Resolutions C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Take The Following Actions: 1) Submit An Application To The 2014/2015 Florida Recreation Development Assistance Grant Program (FRDAP) For Funding In The Approximate Amount Of $200,000 For Flamingo Park Handball Courts; 2) Submit An Application To The U.S. Conference Of Mayors For The 2014 Childhood Obesity Prevention Grants Program In An Amount Up To $120,000; And Retroactively, 3) Submittal Of An Application To Miami-Dade County Emergency Medical Services (EMS) Grant In The Approximate Amount Of $8,010 For The Improvement And Expansion Of Pre-Hospital Emergency Medical Services; 4) Submittal Of An Application To The Knight Foundation For Funding In The Approximate Amount Of $50,000 For The Code For America Program For A Web Development Team To Evaluate And Implement Web And Mobile Applications; And 5) Submittal Of An Application To The Miami Beach Visitor And Convention Authority For Funding In The Amount Of $30,000 For The Code For America Program; Appropriating The Above Grants, Matching Funds And City Expenses, If Approved And Accepted By The City; Authorizing The Execution Of All Necessary Documents Related To The Aforestated Applications, Including, Without Limitation, Audits Of Such Grants, And Authorizing The City Manager Or His Designee To Take All Necessary Actions Related To These Grants. (Budget & Performance Improvement) C7B A Resolution Accepting The Recommendation Of Finance And Citywide Projects Committee (FCWPC), To Withdraw The Issuance Of Request For Proposals (RFP) No. 006-2013TC For Maintenance And Security Services At The Lincoln Road Mall. (Procurement) C?C A Resolution Approving An Amendment To The Professional Services Agreement Entered Into On December 22, 2010 With Camp Dresser & McKee, Inc (COM) For Additional Work On The Stormwater Master Plan In The Amount Of $57,804.00 Relative To Neighborhood Concurrency Reviews, A Public Meeting, And Additional Model Runs Requested As A Result Of The Public Meeting And Authorizing And Directing The City Manager And The City Attorney's Office To Finalize The Amendment And Further Authorizing The Mayor And City Clerk To Execute The Final Amended Agreement. (Public Works) (Memorandum & Resolution to be Submitted in Supplemental) 9 9 Commission Agenda, September 11, 2013 C7-Resolutions (Continued) C7D 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 A Professional Services Agreement With Walker Parking Consultants, Inc., To Perform A Parking Demand Analysis, In An Amount Not To Exceed $140,525. (Parking) C7E A Resolution Setting A Public Hearing For The September 30, 2013 Special City Commission Meeting, Adopting And Appropriating The Fourth Amendment To The Police Confiscation Trust Budget For Fiscal Year 2012/2013 In The Amount Of $10,000, To Be Funded From The Proceeds Of State Confiscated Funds, For The Appropriation And Expenditure Of Those Items Set Forth In Exhibit "A," Which Shall Be Funded Through The Police Confiscation Trust Fund. (Police) C7F Appointment Of Chief Special Master 1. A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Section 30-36 Of The Code Of The City Of Miami Beach, Concerning The Reappointment Of Abraham Laeser, Esq., To Serve As Chief Special Master, For A Term Commencing On September 15, 2013 And Ending On March 14, 2014; Provided Further That Chief Special Master Laeser Shall Be Authorized To Hold Hearings And Impose Fines, Liens And Other Non-Criminal Penalties Against Violators Of The City And County Codes And Ordinances, And Shall Also Be Authorized To Appoint Such Other Special Masters As May Reasonably Be Required To Conduct The Subject Hearings; And Further Incorporating All Other Matters Set Forth Within Chapter 30 Of The City Code, Including, Without Limitation, Sections 30-37 And 30-38 Thereof, Concerning The Compensation And Duties Of The Chief Special Master. 2. A Resolution Approving And Appointing, Pursuant To Section 102-356 Of The City Code, Abraham Laeser, Esq. (Chief Special Master Appointed Pursuant To Resolution No. 2013-28132 As The City Manager's "Designee" Under Section 102-356 Of The City Code; Said Designation Commencing With Mr. Laeser's Term As Chief Special Master On September 15, 2013 And Ending On March 14, 2014. (City Clerk's Office) C7G A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee (FCWPC); Approving In Substance The Terms Of A Professional Services Agreement With The International City/County Management Association (ICMA) For Review And Recommendations For Efficiencies For The Fire Department; Authorizing The City Manager And City Attorney's Office To Negotiate And Draft The Agreement Based Upon The Approved Terms; And Authorizing The Mayor And City Clerk To Execute The Final Agreement For In An Amount Of $65,000 In Addition To $5,000 Travel Costs And Expenses, Not To Exceed A Total Of $70,000. (Human Resources) 10 10 Commission Agenda, September 11, 2013 C7-Resolutions (Continued) C7H A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee (FCWPC) Rejecting The Proposal To Hire An Inspector General To Investigate Claims Of Fraudulent Activity And Perform Other Investigative Services And Recommending That The Administration Develop A Request For Proposal For A Dedicated Hotline Reporting Service Capable Of Providing A 24-Hour Call Center With A Toll-Free Number And A Customized Greeting, No Call Queues, Staffed By Trained Call Intake Personnel; Online Case Management To Report, Track And Analyze Calls, An Immediate 24-Hour Notification Service For Severe/ Sensitive Situations And An Online Web-Based Reporting Mechanism For Employees; Subject To Budget Appropriation. (Human Resources) C71 A Resolution Authorizing The Donation Of Surplus Computer Equipment In "As Is" Condition To The Miami-Dade Broadband Coalition. (Information Technology) C7J A Resolution Setting A Public Hearing, Pursuant To Section 118-262 Of The City Code, To Consider Patricia Fuller's Appeal Of The Design Review Board's Order Relative To ORB File No. 22977 For The Property Located At 1 Washington Avenue -South Pointe Park And Setting Said Public Hearing For The City Commission Meeting Of December 11, 2013. (Parks & Recreation/City Attorney's Office) C7K A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For Proposals (RFP) No. 177-2013ME, For Pay-By-Phone Services; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. (Parking/Procurement) C7L A Resolution Authorizing The City Manager Or His Designee, And City Clerk To Execute The Coalition Involvement Agreement With The Miami Beach Coalition, Which Authorizes The Miami Beach Police Department Personnel, When Available, To Attend The Miami Beach Coalition Meetings And Training Seminars, And To Participate In Strategic Planning Relative To Juvenile Drug Prevention, Pursuant To The Drug Free Communities Support Program Grant For The Prevention Of Drug And Alcohol Abuse In The City Of Miami Beach. (Police) C7M A Resolution Authorizing The Mayor And The City Clerk To Execute An Inter-Local Agreement Between The City And Miami-Dade County, Florida, Permitting Miami Beach Police Officers To Enforce Provisions Of The Miami-Dade County Code, Specifically Regarding Vehicles For Hire Regulations. (Police) 11 11 Commission Agenda, September 11, 2013 C7 ~Resolutions (Continued) C7N A Resolution Approving And Authorizing The Chief Of Police To Execute A Memorandum Of Understanding For The Purpose Of Conducting Joint Multi-Jurisdictional Investigations Pursuant To A Mutual Aid Agreement. (Police) C70 A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Perpetual Easement Agreement With The Florida Department Of Transportation (FOOT) With Regard To A 217.2 Square Foot Parcel On The West Side Of Indian Creek Drive And North Of 26th Street For A Proposed Stormwater Outfall On Indian Creek Drive (SR A 1 A). (Public Works) C7P A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee To Implement A Mass Transit Circulator Loop In North Beach And Work With Miami- Dade Transit To Implement A North-South Express Bus Service To Connect A North Beach Circulator To South Beach. (Public Works) C7Q A Resolution Approving And Authorizing The City Manager, Or His Designee, To Utilize Florida Sheriffs Association (FSA) Contract Numbers 12-20-0905, 12-10-0905, And 11-10-1202, Or Their Successor Contracts, For The Purchase Of Vehicles And Equipment Previously Approved By The Budget Process, Through Fiscal Year 2013/14, When Those Contracts Offer The Most Cost Competitive Option; And Waiving By 5/7th Vote, The Formal Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City. (Public Works) C7R A Resolution Authorizing The City Of Miami Beach Parking Department To Assume Responsibility For The Collection And Maintenance, Via Standard Parking, Of The Miami-Dade County Homeless Trust's Adopt-A-Homeless Donation Meter Campaign Program For Those Meters Located In The City Of Miami Beach. (Real Estate, Housing & Community Development) C7S A Resolution Approving An Amendment To The Special Events Requirements And Guidelines To Include Recycling Requirements For Events That Require A Sanitation Plan, As Recommended By The Neighborhood/Community Affairs Committee. (Requested by Commissioner Jerry Libbin) (Legislative Tracking: Tourism, Culture & Economic Development) C7T A Resolution Approving The Donation Of Approximately 7,900 Surplus Chairs From The Miami Beach Convention Center To Non-Profit Organizations. (Tourism, Culture & Economic Development) 12 12 Commission Agenda, September 11, 2013 C7-Resolutions (Continued) C?U A Resolution Approving And Authorizing The Placement Of Twenty (20) Banners For The Miami Book Fair International, To Be Held November 22-24, 2013, In The City Of Miami, As Requested By The Applicant At The Following Locations: Fifth (5th) Street, Between Alton Road And Ocean Drive; Collins Avenue, From Fifth (5th) Street To Tenth (10th) Street; Washington Avenue, From Fifth (5th) Street To Lincoln Road; And MacArthur Causeway From Fountain Drive To Terminal Island; Said Banners To Be Affixed To Light Poles In The Public Right-Of-Way, Measuring 3 Feet X 7 Feet And Having Copy And Design As Shown On The Attached Drawings; To Be Installed And Removed In Accordance With All Other Applicable City Requirements; Banners To Be Installed No Earlier Than October 24, 2013 And Removed By November 25, 2013. (Tourism, Culture & Economic Development) C?V A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee To Create New Procedures And A Fine Schedule For False Fire Alarms Generated In The City Of Miami Beach And Directing The Administration To Present The Recommended Amendments To The City Commission For Consideration. (Fire) C?W A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee To Increase The Current Fines And To Create A Fine Schedule For New Fire Code Violations And Directing The Administration To Present The Recommended City Code Amendments To The City Commission For Consideration. (Fire) End of Consent Agenda 13 13 Commission Agenda, September 11, 2013 REGULAR AGENDA R5 -Ordinances R5A CWA, Unclassified And Others-MBERP Pension 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. 10:15 a.m. Second Reading Public Hearing (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) (First Reading on July 17, 2013) R5B CWA Salary Ordinance 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 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. 10:30 a.m. Second Reading Public Hearing (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) (First Reading on July 17, 2013) R5C 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. 10:45 a.m. Second Reading Public Hearing (Requested by the Land Use & Development Committee) (Legislative Tracking: Planning Department) (First Reading July 17, 2013) 14 14 Commission Agenda, September 11, 2013 R5-Ordinances (Continued) R5D 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. 11:00 a.m. Second Reading Public Hearing (Sponsored by Commissioner Jerry Libbin) (Legislative Tracking: Public Works) (First Reading July 17, 2013) R5E 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; 90-107; 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. 11:15 a.m. Second Reading Public Hearing (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Public Works) (First Reading July 17, 2013) R5F 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. 11:30 a.m. Second Reading Public Hearing (Requested by the Neighborhood/Community Affairs Committee) (Legislative Tracking: City Attorney's Office) (First Reading July 17, 2013) 15 15 Commission Agenda, September 11, 2013 R5-Ordinances (Continued) R5G Alton Road Parking District No. 6 An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 130 Off-Street Parking, Article II "Districts; Requirements," Section 130-31 "Parking Districts Established," Creating A New Parking District No. 6, And Section 130-33 "Off-Street Parking Requirements For Parking Districts Nos. 2, 3, 4 And 5," By Adding New Parking Regulations For Parking District No. 6, For Properties With A Lot Line On Alton Road, From 5th Street To Dade Boulevard, Including A Reduction In Off-Street Parking Requirements For Certain Land Uses And Bicycle Parking Requirements; Providing For Codification; Repealer; Severability; And An Effective Date. 5:05 p.m. Second Reading Public Hearing (Sponsored by Commissioner Jonah Wolfson) (legislative Tracking: Planning Department) (Deferred on June 5, 2013) R5H Palm View Hotel Uses An Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Subdivision IV, "RM-2 Residential Multifamily, Medium Intensity," To Limit Hotels As Hereinafter Provided In The Palm View Corridor To Those Existing As Of May 28, 2013; Defining The Palm View Corridor As All Properties Abutting The West Side Of Meridian Avenue Between 17th Street And Collins Canal; Defining The Rights Of Existing Hotels As Legal Conforming Uses; To Exclude Outdoor Entertainment Establishments And Outdoor Entertainment From Permitted Hotel Accessory Uses: To Add Hotels As A Prohibited Use Within The Boundaries Of The Palm View Corridor Of The RM-2 District; Acknowledging State Pre-Emption Of Short Term Rental Regulations; Providing Rules For Cessation And Resumption Of Hotel Uses; And Providing For Codification; Repealer, Severability And An Effective Date. 5:15p.m. First Reading Public Hearing (Requested by the Land Use and Development Committee) (Legislative Tracking: Planning Department) R51 West Avenue Hotel Uses An Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Subdivision IV, "RM-2 Residential Multifamily, Medium Intensity"; And By Amending Subdivision V, "RM-3 Residential Multifamily, High Intensity," To Limit Hotels As Hereinafter Provided In The West Avenue Corridor To Those Existing As Of May 28, 2013; Defining The West Avenue Corridor As That Area Bordered By Collins Canal To The North, Alton Road To The East, Biscayne Bay To The West And 6th Street To The South; Defining The Rights Of Existing Hotels As Legal Conforming Uses; To Exclude Outdoor Entertainment Establishments And Outdoor Entertainment From Permitted Hotel Accessory Uses; To Add Hotels As A Prohibited Use Within The Boundaries Of The West Avenue Corridor Of The RM-2 And RM-3 Districts; Acknowledging State Pre-Emption Of Short Term Rental Regulations; Providing Rules For Cessation And Resumption Of Hotel Uses; And Providing For Codification; Repealer, Severability And An Effective Date. 5:20 p.m. First Reading Public Hearing (Requested by the Land Use and Development Committee) (Legislative Tracking: Planning Department) 16 16 Commission Agenda, September 11, 2013 RS-Ordinances (Continued) R5J RM-3 Accessory Use Signage An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 138, Entitled "Signs," By Amending Article I, Entitled "In General," By Amending Section 138-8 To Modify The Accessory Use Sign Requirements For Oceanfront Buildings; By Amending Article V, Entitled "Sign Regulations By District," By Amending Section 138-171 To Modify The Requirements For Hotels And Apartment Buildings Within The RM-3 District And By Amending Section 138-172 To Modify The Requirements For Hotels And Apartment Buildings Within The RM-3 District; Providing For Codification, Repealer, Severability And An Effective Date. First Reading (Requested by the Land Use and Development Committee) (Legislative Tracking: Planning Department) R5K Unclassified Salary Ordinance An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance By Amending All Of The Pay Grades By Eliminating The Annualized Salary For Each Pay Grade And Providing For The Biweekly Pay For Each Pay Grade; Abolishing Pay Grade 1 And Pay Grade 2; Abolishing The Classifications Of Neighborhood Services Director, Community/Economic Development Director, Cultural Affairs & Tourism Development Director, Procurement Division Director, Information Technology Division Director, Code Compliance Division Director, Assistant Director Procurement Division, And Public Information Officer; Establishing The Classifications Of Tourism, Cultural Affairs And Economic Development Division Director, Deputy Building Director, Procurement Director, Information Technology Director, Human Resources Assistant Director, Housing And Community Development Director, Infrastructure Division Director, Assistant City Engineer, Procurement Assistant Director, Building Operations Manager, Investigator Supervisor, Community Services Division Director, Administrative Services Manager, Public Safety Specialist Projects Coordinator, Property Maintenance/Operations Superintendent, Director Of The Office Of Communications, Leasing Specialist, Public Safety Management/Budget Analyst, Performance Schedule Analyst, Visual Communications Specialist, Labor Relations Specialist, Constituent! Commission Aide, Financial Analyst, Public Safety Payroll Administrator, And Records Supervisor; Amending The Pay Grades For The Classifications Of Assistant Director Parking, Assistant Director Parks And Assistant Director Recreation; And Effective The First Full Pay Period Ending In October 2014, Increasing The Minimum And The Maximum Of Each Pay Grade By Three Percent (3%); And Granting An Across The Board Cost Of Living Adjustment Of Up To Three Percent (3%) For Any Unclassified Employee Whose Base Salary Does Not Exceed The Maximum Of The Pay Range For The Comparable Job Title As Recommended By The 2009 Condrey Classification And Compensation Study "Pay Scale B" And Subsequently Amended By Seven Percent 7% In August 2013 By The Consultant; Repealing All Ordinances In Conflict; Providing For Severability, An Effective Date And Codification. First Reading (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) 17 17 Commission Agenda, September 11, 2013 R5-Ordinances (Continued) R5L Others Salary Ordinance 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 VI, Not Represented By A Collective Bargaining Unit And Commonly Referred To As "Others"; Amending All Of The Pay Grades By Abolishing Pay Grade 1 And Pay Grade 2; Eliminating The Annualized Salary For Each Pay Grade And Providing For The Biweekly Pay For Each Pay Grade; Establishing The Classifications Of Fire Inspector I And Seasonal Recreation Aide; And Effective The First Full Pay Period Ending In October 2014, Increasing The Minimum And The Maximum Of Each Pay Grade, By Three Percent (3% ); And Granting An Across The Board Cost Of Living Adjustment Of Up To Three Percent (3%) For Any Others Employee Whose Base Salary Does Not Exceed The Maximum Of The Pay Range For The Comparable Job Title As Recommended By The 2009 Condrey Classification And Compensation Study "Pay Scale B" And Subsequently Amended By Seven Percent 7% In August 2013 By The Consultant; Repealing All Ordinances In Conflict; Providing For Severability, An Effective Date And Codification. First Reading (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) R5M Fire And Police Salary Ordinance An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, As Follows: In Accordance With The Negotiated Collective Bargaining Agreements, Providing For The Classifications In Group II, Represented By The Fraternal Order Of Police (FOP) William Nichols Lodge No. 8., And For The Classifications In Group Ill, Represented By The International Association Of Fire Fighters, (lAFF), Local 1510; Effective 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%); Effective April 1, 2015, Adding An Additional Step (I) To The Classifications Of Police Officer, Sergeant Of Police, Lieutenant Of Police And Firefighter I, Repealing All Ordinances In Conflict; Providing For Severability, An Effective Date And Codification. First Reading (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) 18 18 Commission Agenda, September 11, 2013 RS-Ordinances (Continued) R5N An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 62, Entitled "Human Relations," By Amending Article II, Entitled "Discrimination," By Amending Division 3, Entitled "Regulations," By Adding Sec. 62-92 To Require The Posting Of Notices In Every Place Of Employment, Public Accommodation, Housing Accommodation, And City Facility That Falls Subject To The Human Rights Ordinance Indicating The Applicable Substantive Provisions Of The Human Rights Ordinance, The Place Where Complaints May Be Filed, And Such Other Information As The City Of Miami Beach Deems Pertinent; Providing For Enforcement Procedures And Providing For Severability, Codification And An Effective Date. First Reading (Sponsored by Mayor Matti Herrera Bower & Commission Michael Gongora) (Legislative Tracking: City Clerk's Office) R50 An Ordinance Accepting The Recommendation Of The Neighborhood/Community Affairs Committee, To Amend Chapter 100 Of The Miami Beach City Code, Article II Entitled, "Energy Economic Development Zone Pilot Program;" Eligibility Criteria, To Include Miami-Dade County's Green Business Certification As An Additional Criteria To Participate In The Energy Economic Development Zone Pilot Program, As Further Detailed In The Ordinance; Providing For Severability; Codification, Repealer, And An Effective Date. First Reading (Sponsored By Commissioner Jerry Libbin} (Legislative Tracking: Tourism, Culture & Economic Development Department) R5P An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 54, Entitled "Floods," By Amending Article II, Entitled "Floodplain Management," By Amending Division 1, Entitled "Generally," By Amending Section 54-35, Entitled "Definitions" By Amending And Deleting Certain Definitions Therein; By Amending Division 2, Entitled "General Provisions," By Amending Section 54-38, Entitled "Designation Of Floodplain Administrator" To Designate The Building Official, Instead Of The Building Director, As The Floodplain Administrator; By Amending Division 3, Entitled "Administration," By Amending Section 54-45, Entitled "Permit Procedures" And Section 54-46, Entitled "Duties And Responsibilities Of The Building Director Or Designee" To Change All Building Director References Therein To The Floodplain Administrator; Amending Division 4, Entitled "Provisions For Flood Hazard Reduction"; By Amending Section 54-47, Entitled "General Standards," Section 54-48, Entitled "Specific Standards," And Section 54-49, Entitled "Specific Standards For A-Zones Without Base Flood Elevations And Regulatory Floodways" To Modify Certain Flood Hazard Reduction Provisions; By Deleting The Provisions In Section 54~50, Entitled "Standards For A-0 Zones"; By Amending Division 5, Entitled ''Variance Procedures," To Change All Building Director References Therein To The Floodplain Administrator; Providing Non-Substantive, Clerical Revisions Throughout Article II Of Chapter 54; And Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Sponsored by Mayor Matti Herrera Bower} (Legislative Tracking: Building Department) 19 19 Commission Agenda, September 11, 2013 R5-Ordinances (Continued) R5Q An Ordinance Amending Miami Beach City Code Chapter 82, Entitled "Public Property," By Amending Article IV Thereof Entitled "Uses In Public Right-Of-Way," By Amending Section 82- 383, Entitled "Permit Fee; Penalties For Late Payments; Review Of Fee," By Amending Subsection (A) Thereof To Abate Sidewalk Cafe Fees For Businesses North Of 63rd Street, Through And Including September 30, 2015 And Requiring A Budget Analysis And Review By The City Administration By September 15, 2015; Providing For Repealer, Codification, Severability, And An Effective Date. First Reading (Sponsored by Commissioner Jerry Libbin) (Legislative Tracking: Public Works) R5R 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 90-340, Entitled "Recycling Program And Separation Of Recyclable Materials From Solid Waste Stream Required For Multifamily Residences Of Nine (9) Dwelling Units Or More; Owner/Association Liability; Recycling Contractors' Assistance," To Apply To Multifamily Residences Of Two (2) Or More Dwelling Units; Providing For Repealer Severability, Codification, And An Effective Date. First Reading (Sponsored by Commissioner Jerry Libbin) (Legislative Tracking: Public Works) R5S Stay Against Issuance Of Demolition Orders Or Permits -Architecturally Significant Homes Outside Of Historic Districts An Ordinance To Adopt A Stay On The Issuance Of Orders Or Permits For The Substantial Or Total Demolition Of Architecturally Significant Homes Located Outside Of Historic Districts, To Allow For The Review Of Current And Proposed Ordinances That Would Protect Against Demolition, And For Review Of Incentive Programs To Encourage Retention And Restoration Of Such Homes, Providing For Duration Of Stay Through November 28, 2013, Providing For Extensions, Providing For Exceptions And Review Procedures, And Providing For Repealer, Severability And An Effective Date. First Reading (Sponsored by the City Commission) (Legislative Tracking: Planning) R5T An Ordinance Amending Part I, Subpart B, Article IX, Related Special Acts, Of The Miami Beach City Code Entitled "Pension System For Disability And Retirement Of Members Of Police And Fire Departments"; Implementing Provisions Of The 2012-2015 Collective Bargaining Agreements Between The City And Fire Fighters Of Miami Beach, IAFF Local 1510, And Miami Beach Fraternal Order Of Police, William Nichols Lodge No. 8; Amending Section 62 Entitled "Definitions"; Amending Section 63 Entitled "Source Of Monies For Fund; Computation Of Liability; Use And Investment Of Fund"; Amending Section 65 Entitled "Computation Of Creditable Service; Service Record"; Amending Section 66 Entitled "Service And Disability Benefits Generally"; Amending Section 67 Entitled "Cost Of Living Adjustment"; Amending Section 79 Entitled "Deferred Retirement Option Plan"; Amending Section 82 Entitled "Military Service"; Creating A New Section 88 Entitled "Benefits For Members Hired On Or After September 30, 2013, Providing For Severability; Repealing All Ordinances In Conflict Therewith; And Providing For An Effective Date. First Reading (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) 20 20 Commission Agenda, September 11, 2013 RS ~Ordinances (Continued) R5U Amend Chapter 50 And Chapter 1 02 1. An Ordinance Amending Chapter 50 Of The City Of Miami Beach Code, Entitled "Fire Prevention And Protection," By Amending Section 50-4 Thereof, Entitled "Enforcement By Fire Inspectors; Notice Of Violation," To Add Citations And Implement New Fine Schedule Related To Fire Code Violations; By Amending Section 50-5 Thereof, Entitled "Annual Fire Prevention And Fire Safety Inspection Permit" To Include The Night Inspection Fee Previously Adopted Under Section 102.379 Of The City Code; Providing For Repealer, Severability, Effective Date, And Codification. First Reading 2. An Ordinance Amending Chapter 102 Of The Code Of The City Of Miami Beach, Entitled "Taxation," By Deleting The Nightclub Fee Set Forth In Section 102.379, Entitled "Schedule Of Taxes, Effective October 1, 2009"; Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Requested by the Neighborhood/Community Affairs Committee) (Legislative Tracking: Fire Department) (Item submitted in a separate "Budget Related Items" book) R5V An Ordinance Amending Chapter 50 Of The Code Of The City Of Miami Beach, Entitled "Fire Prevention And Protection," By Creating Section 50-8 Thereof, To Be Entitled "Fire Alarms, Regulations, Penalties, Enforcement" To Establish Requirements And Fines For False Fire Alarms; Providing For Repealer, Severability, And An Effective Date. First Reading (Requested by the Finance & Citywide Projects Committee) (Legislative Tracking: Fire DepartmenVPolice Department) (Item submitted in a separate "Budget Related Items" book) R5W An Ordinance Amending Appendix A, Entitled "Fee Schedule" For Subsection (A) Of Section 110-168, Entitled "Sanitary Sewer Service Charge," Of Chapter 110 Of The Miami Beach City Code, Entitled "Utilities," Article IV, Entitled "Fees, Charges, Rates And Billing Procedure"; Division 2 Thereof, Entitled "Rates, Fees And Charges," To Increase The Sanitary Sewer Service Charge Imposed By The City; Providing For Codification, Repealer, Severability, And An Effective Date. First Reading (Requested by the Finance & Citywide Projects Committee) (Legislative Tracking: Public Works) (Item submitted in a separate "Budget Related Items" book) R7 · Resolutions R7 A 1 Adopt Tentative Ad Valorem Millage for General Operating Purposes A Resolution Adopting: 1) The Tentative Ad Valorem Millage Of 5.8909 Mills For General Operating Purposes, Which Is Six And Eight~ Tenth Percent (6.8%) More Than The "Rolled-Back" Rate Of 5.5158 Mills; And 2) The Debt Service Millage Rate Of 0.2529 Mills; Further Setting The Second Public Hearing To Consider The Millage Rate For Fiscal Year (FY) 2013/14, On Monday, September 30, 2013 At 5:01 p.m. 5:01 p.m. First Reading Public Hearing (Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) 21 21 Commission Agenda, September 11, 2013 R7-Resolutions (Continued) R7A2 Adopt Tentative Budgets For General, G.O., RDA, Enterprise, And Internal Service Funds A Resolution Adopting Tentative Budgets For The General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, And Internal Service Funds For Fiscal Year 2013/14 Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:01 p.m. 5:01 p.m. First Reading Public Hearing (Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) R7B1 Adopt Tentative Ad Valorem Millage for Normandy Shores Local Government A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood Improvement District Adopting The Tentative Ad Valorem Millage Of 1.2687 Mills For Fiscal Year (FY) 2013/14 For The Normandy Shores Local Government District, Which Is Nineteen Percent (19.0%) More Than The "Rolled-Back" Rate Of 1.0664 Mills Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:02p.m. 5:02p.m. First Reading Public Hearing (Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) R7B2 Adopt Tentative Operating Budget For Normandy Shores Local Government A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood Improvement District Adopting The Tentative Operating Budget For Fiscal Year (FY) 2013/14 Subject To A Second Public Hearing Scheduled On Monday, September 30,2013 At 5:02 p.m. 5:02 p.m. First Reading Public Hearing (Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) R7C Adopt Tentative FY 2013/14-2017/18 Capital improvement Plan & Capital Budget A Resolution Adopting The Tentative Capital Improvement Plan For Fiscal Years (FY) 2013/14- 2017/18 And Adopting The City Of Miami Beach Tentative Capital Budget For (FY) 2013/14 Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:03 p.m. 5:03 p.m. First Reading Public Hearing (Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) R7D Adopt FY 2013/14 Tentative Budgets For Special Revenue Funds A Resolution Adopting Fiscal Year (FY) 2013/14 Tentative Budgets For Special Revenue Funds For Resort Tax; The 7th Street Parking Garage Operations; The 5th And Alton Parking Garage Operations; Art In Public Places (AiPP), Tourism And Hospitality Scholarship Program, Green/ Sustainability Funds, Waste Hauler Additional Services And Public Benefit Contribution Funds, Education Compact Funds, Red Light Camera Funds, And Emergency 911 Funds, Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:03 p.m. 5:03p.m. First Reading Public Hearing (Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) 22 22 Commission Agenda, September 11, 2013 R7-Resolutions (Continued) R7E Adopt Tentative FY 2013/14 PTP Budget & South Beach Concurrency Mitigation Funds A Resolution Adopting The Tentative Budget Of $1,200,000 From Fiscal Year 2013/14 People's Transportation Plan (PTP) Funds And $87,000 From Fiscal Year 2013/14 South Beach Concurrency Mitigation Funds, To Fund The Tentative Operating Budget For The South Beach Local In Miami Beach; And Further Adopting The Tentative Budget Of $301,000 From Fiscal Year 2013/14 People's Transportation Plan Funds For Administrative And Technical Operating Expenditures, As Part Of The Five Percent (5%) Allowable For Administrative Assistance And Technical Assistance Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:03p.m. 5:03p.m. First Reading Public Hearing (Public Works) (Item submitted in a separate "Budget Related Items" book) R7F Adopt Miami Beach Cultural Arts Council's FY 2013/14 Tentative Budget A Resolution Authorizing The Adoption Of The Miami Beach Cultural Arts Council's Fiscal Year 2013/14 Tentative Budget In The Amount Of $1,470,000 Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:02 p.m. 5:03 p.m. First Reading Public Hearing (Tourism, Culture & Economic Development) (Item submitted in a separate "Budget Related Items" book) R7G Adopt & Appropriate Tentative Funds For Police Special Revenue Account Budget A Resolution Adopting And Appropriating Funds For The Fiscal Year 2013/14 Police Special Revenue Account Tentative Budget In The Amount Of $75,000 For The Purchase Of Those Items Set Forth In Exhibit "A," And Such Account Funded By Unclaimed Evidence Currently Held In The Police Special Revenue Account, Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:03p.m. 5:03p.m. First Reading Public Hearing (Police Department) (Item submitted in a separate "Budget Related Items" book) R7H Adopt & Appropriate Tentative Funds For Police Confiscation Trust Fund Budget A Resolution Adopting And Appropriating Funds For The Police Confiscation Trust Fund Tentative Budget For Fiscal Year 2013/14 In The Amount Of $724,000, To Be Funded From State Confiscated Funds In The Amount Of $235,000 And Federal Justice Confiscated Funds In The Amount Of $489,000, For The Appropriation And Expenditure Of Those Items Set Forth In Exhibit "A," Which Shall Be Funded Through The Police Confiscation Trust, Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:03 p.m. 5:03 p.m. First Reading Public Hearing (Police Department) (Item submitted in a separate "Budget Related Items" book) 23 23 Commission Agenda, September 11, 2013 R7 -Resolutions (Continued) R71 Adopt & Appropriate Tentative Funds For Police Training And School Resources Fund Budget A Resolution Adopting And Appropriating Funds For The Fiscal Year 2013/2014 Police Training & School Resources Fund Tentative Budget In The Amount Of $35,000, Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:03 p.m. 5:03 p.m. First Reading Public Hearing (Police Department) (Item submitted in a separate "Budget Related Items" book) R7 J A Resolution Setting A Public Hearing To Adopt The Second Amendment To The General Fund, Enterprise, Internal Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY) 2012/13. (Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) R7K A Resolution Ratifying The Amended Three Year Labor Agreement Between The City Of Miami Beach And The Fraternal Order Of Police, William Nichols Lodge No. 8 (FOP), For The Period From October 1, 2012 Through September 30, 2015; Authorizing The Mayor And City Clerk To Execute The Agreement. (Human Resources) R7L A Resolution Approving 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, And Up To A Maximum Horizontal Dimension Of 5'-0" At 9'-8" Above The Sidewalk. 11:45 a.m. Public Hearing (Public Works) R7M Vacation Of Alleyway -500 Alton Road A Resolution 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; Ratifying The Closure Of The Linear Alley Previously Approved By Resolution 2005-25869; Waiving By 5/7th Vote The Competitive Bidding Requirements As Required By Section 82-39 Of The City Code; Imposing Conditions For Such Vacation As Are Appropriate Under The Circumstances; And Authorizing The Mayor And City Clerk To Execute The Closure Documents, And To Accept The Grant Of Easement And Agreement For Storm Water And Transportation Improvements, Subject To Final Approval Of Such Documents By The City Manager And City Attorney. 12:00 p.m. Second Reading Public Hearing (Public Works) (First Reading on July 17, 2013/Referred to FCWPC) 24 24 Commission Agenda, September 11, 2013 R7-Resolutions (Continued) R7N A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee Pertaining To The Early Termination Of An Existing Retail Lease Agreement Between The City And Damian J. Gallo & Associates, Inc. D/B/A Permit Doctor; Approving And Authorizing The Mayor And City Clerk To Execute: 1) A New Lease Agreement Between The City And Damian J. Gallo & Associates, Inc. D/B/A Permit Doctor, For An Initial Term Of Three (3) Years, With Two (2) Renewal Options For Two (2) Years Each, Involving The Use Of Approximately 1,269 Square Feet Of City-Owned Property Located At 1701 Meridian Avenue, Unit 4 (A/KIA 775 17th Street), Miami Beach, Florida (The "Leased Premises"); And 2) A Revocable Concession Agreement Between The City And Damian J. Gallo & Associates, Inc. D/B/A Permit Doctor, Allowing For An Outdoor Seating Area, Adjacent To The Leased Premises; And Further Waiving By 5/7ths Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The Public. 12:15 p.m. Public Hearing (Real Estate, Housing & Community Development) R70 A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To That Certain Management And Operation Agreement (Agreement), Dated November 5, 2008, Between The City And Boys And Girls Clubs Of Miami-Dade, Inc. (BGCM-D), Relating To Construction Of A Boys And Girls Club Facility At Flamingo Park; Said Amendment Removing BGCM-D's Pre-Construction Requirement Of Positing A Payment And Performance Bond, As Well As The Additional Requirement Of Purchasing Builders' Risk Insurance (Collectively Referred To As "Agreement Requirements"), By Opening A Securities Account With The Brokerage Firm, Raymond James & Associates (Raymond James), Having A Value Of $1,200,000.00 Dollars, Pursuant To The Terms Of A Securities Account Control Agreement (Security Agreement), Which Security Agreement Would Provide The City With Exclusive Control Over Said Assets, Which Could Be Sold In Order To Pay For Any Events Typically Covered Under Said Agreement Requirements, And Further Including Indemnification Language To Protect The City And Raymond James From Liability In Connection With The Exclusive Right Of The City To Sell And Disburse Said Assets. (Tourism, Culture & Economic Development) R7P 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) R7Q A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For Proposals (RFP) No. 95-2013ME, For The Comprehensive Professional Tennis Management And Operations Services At The City's Flamingo And North Shore Park Tennis Centers. (Parks & Recreation/Procurement) 25 25 Commission Agenda, September 11, 2013 R7 • Resolutions (Continued) R?R A Resolution Calling For A General Election To Be Held On November 5, 2013 In The City Of Miami Beach For The Purpose Of Electing A Mayor And Three City Commissioners (Groups I, II, And Ill); Providing For Conduct Of Same By The Miami-Dade County Elections Department; Providing That Voting Precincts Shall Be Those As Established By Miami-Dade County; Providing For Notice Of Election; Providing For The Form Of Ballot And Registration Of Voters In Accordance With State Law; Providing For Payment For Conducting Election To Miami-Dade County. (City Attorney's Office) R?S A Resolution Authorizing The Administration To Videotape And Air On MBTV The Mayor And Groups I, II And Ill Commission Candidate Presentations For The November 5, 2013 General Election. (City Clerk's Office/City Attorney's Office) R?T A Resolution Authorizing The Miami-Dade County Canvassing Board For The Countywide November 5, 2013 Special Election To Serve As Canvassing Board For The City Of Miami Beach's General And Special Elections To Be Held On November 5, 2013. (City Attorney's Office) R?U A Resolution Pursuant To City Code Section 38-6 Entitled "Early Voting," Authorizing Early Voting For The November 19, 2013 Run-Off Election (If Run-Off Election Is Required). (City Attorney's Office) R7V A Resolution Approving An Expenditure Of Budgeted Funds In Reasonable And Necessary Amounts For The Public Purpose Of Informing And Educating The Voters Of The City Of Miami Beach Regarding The Ballot Questions On The City's November 5, 2013 Special Election Ballots In Order To Achieve A More Informed Electorate Vote. (City Attorney's Office) (Memorandum & Resolution to be Submitted in Supplemental) R9 -New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk's Office) R9A1 Board And Committee Appointments-City Commission Appointments. (City Clerk's Office) R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30p.m.) 26 26 Commission Agenda, September 11, 2013 R9 ~New Business and Commission Requests (Continued) R9C Update On The Miami Beach Convention Center Project. (City Manager's Office) R9D Discuss Policy Issues That Are Being Determined By Staff Members. (Requested by Commissioner Jerry Libbin) (Deferred on July 19, 2013) R9E Discussion Regarding The City's Selection As A Finalist To Participate In The 2013 International Awards For Liveable Communities Competition To Be Held In Xiamen, P.R. China From November 28-December 3, 2013. (City Manager's Office) R9F Discussion Regarding A Request For Debarment Of UIA Management, LLC And Its Affiliates. (City Manager's Office) (Attachments to be Submitted Under Separate Cover) R9G Recommendation To Nominate Henry Stolar For The Noise Working Group. (Requested by Commissioners Michael Gongora & Jorge Exposito) R9H Discussion Regarding Creating A Residential Parking Sticker For North Beach. (Requested by Commissioner Michael Gongora) R91 Discussion Item To Direct City Administration To Look Into Creating A Mural Wall Area In North Beach Similar To The Wynwood Walls In The City Of Miami Where Artists Would Be Able To Express Themselves. (Requested by Commissioner Michael Gongora) R9J Discussion Regarding The Parking Overlay District And My Recommendation To Dispense With The Overlay Study And Move Forward To Approve The Project. (Requested by Commissioner Jerry Libbin) R9K Discussion Regarding The Media Coverage Of The Miami Beach Police Department. (Requested by Mayor Matti Herrera Bower) R9L Discussion Regarding Art Basel And Its Economic Benefit To The City. (Requested by Commissioner Deede Weithorn) 27 27 Commission Agenda, September 11, 2013 R10-City Attorney Reports R10A City Attorney's Status Report. (City Attorney Office) Reports and Informational Items 1. Reports and Informational Items (see LTC 309-2013) 2. List of Projects Covered by the Cone of Silence Ordinance -LTC. (Procurement) End of Regular Agenda 28 28 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beoch, 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 Hall. Approximately thirty (30} minutes will be allocated for each session, with individuals being limited to no more than three (3) minutes or for a time period established by the Mayor. No appointment or advance notification is needed in order to speak to the Commission during this Forum. 2. Prior to every Commission meeting, an Agenda and backup material are published by the Administration. Copies of the Agenda may be obtained at the City Clerk's Office on Thursday morning prior to the regularly scheduled City Commission meeting. The Agenda and backup materials are also available on the City's website: www.miamibeachfl.gov the Thursday prior to a regularly scheduled City Commission Meeting. 3. Any person requesting placement of on 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 Manager1s staff. "Requests for Agenda Consideralion 11 will not be placed on the Agenda until after Administrative staff review. Such review will ensure that the issue is germane to the City's business and has been addressed in sufficient detail so that the City Commission may be fully apprised. Such written requests must be received in the City Manager's Office no later than noon on Monday of the week prior to th~ scheduled Commission meeting to allow time for processing and inclusion in the Agenda package. Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to those subjects included in their written requests. 4. Once on Agenda for a Commission Meeting is published, persons wishing to speak on item Is! 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 29 Ml Ml 2013 Schedule of City of Miami Beach City Commission and Redevelopment Agency (RDA) Meetings Meetings begin at 9:00 a.m., and are held in the City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. Commission Meetings Alternate Meetings January 16 (Wednesday) January 23 {Wednesday) February 6 {Wednesday} February 27 {Wednesday) March 13 {Wednesday) March 20 (Wednesday) April 17 (Wednesday) April 24 (Wednesday) May 8 (Wednesday) May 22 (Wednesday) June 5 {Wednesday} July 17 Wednesday) July 24 Wednesday) August -City Commission in recess September 11 (Wednesday) October 16 (Wednesday} October 23 (Wednesday) November 6 (Wednesday)-Election related only November 20* {Wednesday) November 27 (Wednesday) December 11 {Wednesday) December 18 (Wednesday} *If runoff election only F :\CLER\$All\o City Commission \2013 Schedule of City of Miami Beoch.docx 30 CITY CLERK'S OFFICE LOBBYIST LIST September 11, 2013 Commission Meeting C2E Reject Proposals per RFP 188-2013TC for Audits of Resort Taxes & Other Internal Audits R5C Minimum Unit Sizes for Historic Hotels & RM-2 Tower Setbacks Wayne Pathman R5D Amend Chapter 90-Solid Waste and R5E Amend Chapter 90 -Solid Waste George Acevedo Mitchell Bierman Clifford Schulman Waste Services, Inc. Waste Services, Inc. Waste Services, Inc. 05.04.2012 08.20.2008 07.12.2011 R5S Stay Against Issuance of Demolition Orders of Permits-Architecturally Significant Homes Mathew Amster S&S Properties -Avraham Sibony 01.21.2011 Charles Benson Yosef Lipkin 02.01.2013 John Fleeman Jerome Fleeman 07.17.2013 Russell Galbut Shelborne Associate, Costello Investments 04.12.2010 Kobi Karp Robert Zangrillo 02.04.2013 Michael Larkin Loews Miami Beach Hotel 07.11.2012 Carter McDowell Savoy Hotel Partners, LLC 09.15.2005 Page 1 of 2 F :\CLER\COMMON\20 13\091120 13\LOBBYIST LIST. Do ex 31 Employee $500 per hour $500 per hour $285 per hour $275 per hour No compensation No compensation $350 per hour $445 per hour $425 per hour Lobbyist's Name Retained by Wayne Pathman Wayne Pathman --·------- Russell Galbut Michael Larkin R70 Accept Recommendation to RFP 95-2013ME for Tennis Management & Operations at No. Shore Park r--R-o-be_r_t -S-w-it-ke_s _________ -H-o-wie Orlin/M._B_T_e_n_n_is_M_a_n_a_g~e_m ___ -e~n_t-_-_-_:~---_-_o-5~.~1_3·._2_0_13 __ 1_~--$5,000 flat r_at_e _ __, Page 2 of 2 F:\CLER\COMMON\2013\09112013\LOBBYIST LIST.Docx 32 "'tJ )> Presentations and Awards PA 1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For July 2013. (Requested by Commissioner Jorge R. Exposito) PA2 Certificates Of Recognition To Be Presented To Some Members Of The Manager's Office, The Miami Beach Chamber Of Commerce And Some Members Of The Mayor's Office, For Their Prompt Assistance During The Fire At 255 West 24 1 h, Mantell Plaza, On July 31, 2013. (Requested by Commissioner Jorge R. Exposito) PA3 Proclamation To Be Presented In Honor Of Hispanic Heritage Month (September 15 - October 15, 2013). (Requested by the City Commission) PA4 Introducing The Principals From Miami Beach Senior High, John Donohue; Treasure Island Elementary, Sherry Krubitch; And Nautilus Middle, R. Bellmas, To The Miami Beach Community. (Requested by the City Commission) PA5 Proclamation To Be Presented To Wendy Unger In Honor Of National Hereditary Breast & Ovarian Cancer Week In The City Of Miami Beach. (Requested by the City Commission) PA6 Certificate Of Recognition To Be Presented To Ms. Carolina Garcia-Aguilera For Her Contributions As A Cuban Born American Writer, Authoring 10 Books To Date. (Requested by Mayor Matti Herrera Bower) PA? Certificate Of Appreciation To Be Presented To Dr. Leslie Rosenfeld For Her Contributions, Hard Work And Dedication To The Miami Beach Public Schools, Students And Teachers. (Requested by Mayor Matti Herrera Bower) PAS Update By The Miami Beach-Miami LGBT Sports & Cultural League, The Organizers Of The 2017 World Outgames And A Presentation On Behalf Of The City Of San Pedro Necta, Guatemala And Mayor Rony Vitalino Galicia Herrera To The City Of Miami Beach. (Requested by Mayor Matti Herrera Bower) PA9 Certificate Of Recognition To Be Presented To Christian "Chris" Demelo For His Victory In The North Miami PAL Boxing Tournament Representing Miami Beach. (Requested by Mayor Matti Herrera Bower) Agenda Item P/1/-/:1. 34 Date ?-11-!3 Presentations and Awards (Continued) PA10 Key To The City To Be Presented To Miami Beach Resident Joey Dedio "Tio Papi," Actor, Writer And Producer Of Award Winning Film Tio Papi. (Requested by Vice-Mayor Edward L. Tobin) PA 11 Certificates Of Recognition To Be Presented To The Principal, Vice Principals And Teachers Of Miami Beach Senior High In Miami Beach. (Requested by Commissioner Michael Gongora) PA 12 Proclamation To Be Issued For "Drive 4 Pledges Day" On September 19, 2013. (Requested by Commissioner Michael Gongora) 35 (") N COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Issue A Request For Proposals (RFP) No. 2013-411 MF For An Electronic A end a S stem. Ke Intended Outcome Su orted: Improve process through information technology. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summa /Recommendation: Currently, agenda items are prepared in M.S. Word, and are routed in paper form from the initial preparer, to the DepartmenUDivision Director, to the appropriate Assistant City Manager, and finally to the City Manager for his approval. Any edits required to a document oftentimes requires the rerouting of the document back to its originator, creating inefficiencies and delaying the agenda preparation process. Once the Office of the City Clerk receives all signed agenda items, the Agenda Coordinator and City Clerk prepare the Agenda Packet consisting of the agenda, staff reports, and associated attachments. The Office of the City Clerk utilizes MS Word to produce the agenda. The Agenda Packet is scanned in order to convert it into Portable Document Format (PDF); the PDF Agenda Packet is then processed through Optical Character Recognition (OCR) software to convert the PDF file into editable and searchable data. The Agenda Packet in PDF/OCR format is published on the City Clerk's webpage for access by citizens. The proposed Automated Agenda Management software will provide an automated workflow to prepare, track, modify and monitor the progress of individual items for a specific agenda date. The system will allow for easy assembly of the documents into a single cohesive Agenda Packet for publication. The system will provide the ability to easily audit individual items to determine the modifications made by reviewers to the original document, and provide flags for items that have not been reviewed in the process. Integration with the City's existing Microsoft Exchange e-mail system will allow for notification e-mails at specific milestones in the processing of items. While the primary objective is to automate the City Commission agenda preparation and management process, the City may explore providing paperless distribution of Agenda Packets, paperless meetings, and to support other legislative bodies, such as the Commission Committees. The Administration recommends issuing the Request for Proposals (RFP) No. 2013-411-MF, for an Electronic A enda S stem. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: The purchase of the software is subject to approval of the funding re uested in the FY2013/2014 bud et. Si n-Offs: MIAMI BEACH 37 DATE (1--//-/5 ----------------------------------------. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMIS ION MEMORANDUM TO: Mayor Matti Herrera Bower and M FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: REQUEST FOR APPROVAL TO I SUE A REQUEST FOR PROPOSALS (RFP) NO. 2013-411 MF FOR AN ELECT ONIC AGENDA SYSTEM ADMINISTRATION RECOMMENDATION The Administration recommends issuing the Request for Proposals. The purchase of the software is subject to approval of the funding requested in the FY2013/2014 budget. BACKGROUND The City Manager and City Clerk request to solicit proposals for an automated agenda management software. Currently, agenda items are prepared in M.S. Word, and are routed in paper form from the initial preparer, to the Department/Division Director, to the appropriate Assistant City Manager, and finally to the City Manager for his approval. Any edits required to a document oftentimes requires the rerouting of the document back to its originator, creating inefficiencies and delaying the agenda preparation process. Once the Office of the City Clerk receives all the signed agenda items, the Agenda Coordinator and the City Clerk prepare the Agenda Packet consisting of the agenda, staff reports, and associated attachments. The Office of the City Clerk utilizes MS Word to produce the agenda. The Agenda Packet is scanned in order to convert it into Portable Document Format (PDF); the PDF Agenda Packet is then processed through Optical Character Recognition (OCR) software to convert the PDF file into editable and searchable data. The Agenda Packet in PDF/OCR format is published on the City Clerk's webpage for access by citizens. ANALYSIS The proposed Automated Agenda Management software will provide an automated workflow to prepare, track, modify and monitor the progress of individual items for a specific agenda date. After review by appropriate persons, the system will allow for easy assembly of the documents into a single cohesive Agenda Packet for publication. The system will provide the ability to easily audit individual items to determine the modifications made by reviewers to the original document, and provide flags for items that have not been reviewed in the process. Integration with the City's existing Microsoft Exchange e-mail system will allow for notification e-mails at specific milestones in the processing of items. While the primary objective is to automate the City Commission agenda preparation and management process, the City may explore the system's ability to provide for paperless distribution of Agenda Packets, paperless meetings, and to support other legislative bodies, such as the Commission Committees. 38 ---------------------------------------- This software will allow the City to save time and money by automating the paper-intense agenda process, while facilitating communication between the City Departments, the City Manager's Office and the Office of the City Clerk. It is anticipated that the Automated Agenda Management Software will streamline the agenda building process and provide the capability of easily posting the agenda, with attachment, to the City's web page to provide citizens the ability to view all documents being provided to the City Commission. The following benefits are expected if the City Commission approves the move to an Automated Agenda Management Software: 1. Improve Internal Controls-The software will provide the ability to easily audit individual items to determine the modifications made by reviewers to the original document, and provide flags for items that have not been reviewed in the process. 2. Improve Speed of Business Processes-The software will eliminate manual workflows; create and manage items for agendas in one system; and automate agenda item approvals with electronic approval processes. 3. Simplify Agenda Creation -The software will automatically compile files and supporting materials for upcoming meetings, and organize, store and retrieve electronic documents, which can easily be uploaded to the City Clerk's webpage for access by citizens. 4. Improve Customer Service-The software will track legislation and generate historical reports for staff, citizens and the City Commission. CONCLUSION AND RECOMMENDATION The Automated Agenda Management Software is designed to help create, approve and track Commission meeting agenda items. It is anticipated that this software will automate, streamline and simplify the agenda compilation, tracking and distribution process for all departments and divisions within the City. The purchase of the software is subject to approval of the funding requested in the FY2013/2014 budget. The Administration recommends issuing the Request for Proposals (RFP) No. 2013-411 MF, for an Electronic Agenda System. ~\AD\KGB Attachment T:\A.GENDA\2013\September 11 \Automated Agenda Management Software.doc 39 ----------~------------------------------------------------~ REQUEST FOR PROPOSALS (RFP) RFP 2013·411MF ELECTRONIC AGENDA SYSTEM (9 MIAMtBEACH DEPARTMENT OF PROCUREMENT MANAGEMENT, 3RD Floor 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7 490 40 Section I Section II Section Ill Section IV Section V Section VI Section VII Section VII e MIAMlBEACH RFP 2013-411MF ELECTRONIC AGENDA SYSTEM TABLE OF CONTENTS Overview & Proposal Procedures .......................... . Minimum Qualifications Requirements ................... . Scope of Services ................................................. . Proposal Format ................................................... . Evaluation/Selection Process ................................. . Special Terms & Conditions: Insurance .................... . General Conditions ............................................... . Appendices: 3 7 7 10 10 12 13 A-Proposal Certification, Questionnaire & .. . . . .. . .. . ... 1 6 Requirements Affidavit (Under Separate Cover) B -Contractor Client Survey C -Cost Proposal D -Minimum Requirements And System Features Checklist 41 22 23 24 m MIAMIBEACH ~ City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7 490, Fax: 786-394-4003 PUBLIC NOTICE Sealed proposals, as detailed herein, will be received until 3:00 PM on, October 4, 2013, at the following address: City of Miami Beach City Hall Procurement Division-Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 ANY PROPOSAL RECEIVED AFTER 3:00PM ON THE PROPOSAL DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING PROPOSALS BEFORE THE STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE PROPOSER. THE CITY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY OTHER ENTITY OR OCCURRENCE. The City utilizes PublicPurchase for automatic notification of bid opportunities and document fulfillment, including the issuance of any addendum to this RFP. This system allows vendors to register online and receive notification of new bids, addendums and awards. Registration is available through www.publicpurchase.com. Any prospective proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure receipt of any addendum issued to this RFP. Prospective proposers are solely responsible for assuring they have received any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. Proposers are hereby advised that this RFP is subject to the follmving ordinances/resolutions, which may be found on the City of Miami Beach website: www.miamibeachfi.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 (1 0) calendar days prior to the scheduled RFP due date. The City Clerk, rafaelgranado@miamibeachft.gov, must copied on any question or comment submitted in response to this RFP. All responses to questions/clarifications will be sent to Proposers in the form of a written addendum. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL PROPOSALS. Sincerely, Alex Denis, CPPO Procurement Director l l RFP 2013-411 MF. Electronic Agenda System 42 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vvww.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305.673.7 490 Fcx: 786.394.4003 NOTICE OF NO RESPONSE ~ IV\iAtv\l BEACH 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 corrtinuously 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 an requirements, timelines, and solicitation forms. 2 I RFP 2013-411 MF. Electronic Agenda System 43 ~ ;\1\LL.i'v\i BEACH SECTION I • OVERVIEW AND PROPOSAL PROCEDURES A. INTRODUCTION I BACKGROUND The City of Miami Beach is seeking a solution to automate its current City Commission agenda preparation process. It is desired that the proposed system provide an automated workflow to prepare, track, modify and monitor the progress of individual items for a specific agenda date. After review by appropriate persons, the system should allow for easy assembly of the documents into a single cohesive agenda packet for publication. The system should provide an ability to easily audit individual items to determine the modifications made by reviewers to the original document, and provide fiags for items that have not been reviewed in the process. Integration with the City's existing Microsoft Exchange e-mail system will allow for notification e-m ails at specific milestones in the processing of items. The system must provide for paper and paperless distribution of agenda packets (iPad, web or smartphone) and paperless meetings, and to support other legislative bodies, boards and Commission Committees. City personnel and he public must be able to search meeting agendas, minutes/after-actions and associated documents simultaneously. The system must also provide the capability to prepare meeting minutes/after-actions (records motions, votes, etc.). The selected vendor must provide "basic" training and/or "advanced" training to selected users. The City is seeking a total solution that addresses the needs outlined in this RFP, vendors may not respond a Ia cart to items identified in this proposal. B. RFP TIMETABLE The tentative schedule for this RFP is as follows· RFP Issued September 12, 2013 Pre-Proposal Meeting September 25,2013 Deadline for Receipt of Questions September 27, 2013 Proposals Due October 11, 2013 Evaluation Committee Review October 22, 2013 Tentative Commission Approval Authorizing Negotiations December 11,2013 Contract Negotiations Following Commission Approval C. PROPOSAL SUBMISSION DUE DATE An original and ten (10) copies of complete Proposals, plus one electronic copy (CD or flash drive), must be received no later than 3:00 p.m. on the dated stated in Section 1(B), at the following address: City of Miami Beach City Hall Procurement Division •• Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 The original and all copies, including the electronic copy, must be submitted to the Procurement Division in a sealed package clearly noted with the Proposer's name, address, and RFP number and title. No facsimile, electronic, or e·mail Proposals will be considered. THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP, ON OR BEFORE THE STATED TIME AND DATE, WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE. ANY PROPOSAL RECEIVED AFTER STATED DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED. PROPOSALS RECEIVED AFTER THE RFP DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. D. PRE-PROPOSAL SUBMISSION MEETING A Pre-Proposal Submission Meeting will be held on the date noted in Section 1(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. Proposer should confirm date and time of meeting with contracting officer named in this RFP. 3 I RFP 2013-411 MF, Electronic Agenda System 44 ~ MiAlv\i BEACH Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (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. E. CONTACT INFORMATION Contact: Telephone: Email: MARTA FERNANDEZ-RUBIO 305-673-7000, Extension 6263 MartaFemandezRubio 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 andfor requests for clarifications to the contact named above, with a copy to the City Clerk's Office at RafaeiGranado@miamibeachfl.gov, no later than the date specified in the RFP timetable. F. RESPONSE TO QUESTIONS & ADDENDUM TO RFP The Procurement contact will issue replies to inquiries and any other corrections or amendments, as he deems necessary, in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations {whether verbal or written), other than those made in this RFP or in any written addendum to this RFP. Proposers should verify with the Procurement Division prior to submitting a Proposal that all addenda have been received. G. CONE OF SILENCE Pursuant to the city's Cone Of Silence Ordinance, as codified in section 2-486 of the City Code, proposers are advised that oral communications between the proposer, or their representatives and 1) the Mayor and City Commissioners and their respective staff; or 2} members of the City's Administrative staff (including but not limited to the City Manager and his staff); or 3) Evaluation Committee members, is prohibited. H. MODIFICATION/WITHDRAWALS OF PROPOSALS A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. I. RFP POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP. J. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. K. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term andfor condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). L. FLORIDA PUBLIC RECORDS LAW Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07{1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the Proposals, whichever is earlier. 41 RFP 2013-411 MF. Electronic Agenda System 45 (;9 iV\Ll\(:\!BEACH 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 r~egotiate a contract. It is also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to: approved by the City; and executed by the parties. N. PROTEST PROCEDURE Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings established pursuant to the City's bid protest procedures (Ordinance No. 2002-3344), as codified in Sections 2-370 and 2-371 of the City Code. Protests not timely made pursuant to the requirements of Ordinance No. 2002·3344 shall be barred. 0. OBSERVANCE OF LAWS Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFP (including, without limitation, the Americans with Disabilitres Act Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. P. DEFAULT Failure or refusal of the successful Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a Proposal before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. Q. CONFLICT OF INTEREST All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (1 0%) percent or more in the Proposer entity or any of its affiliates. R. PROPOSER'S RESPONSIBILITY Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. S. RELATIONSHIP TO THE CITY It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. T. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TviJO 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 Cane 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. 5 I RFP 2013-411 MF. Electronic Agenda System 46 (9 tv\!AMi BEACH W. DEBARMENT ORDINANCE This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted pursuant to Ordinance No. 200-3234, and as codified in Sections 2-397 through 2-406 of the City Code). X. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied wlth, 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 ln advance when possible), or infonnation 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 infiuencing ccnsideration 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 infiuence him in the discharge of his official duties. BB. METHOD OF AWARD At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below: • Step 2 Points calculated by DPM. •• Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission. 6 I RFP 2013-411 MF, Electronic Agenda System 47 <e !V\iA!v'\1 BEACH SECTION II-MINIMUM QUALIFICATIONS REQUIREMENTS In order to be considered, Proposers shall provide evidence of the following minimum requirements: 1. System must integrate with LaserFiche and Folio systems currently utilized by the City. 2. Software must be ADA compliant. 3. Software must be PCI compliant. 4. Proposed solution must be hosted by third-party and web-enabled. SECTION Ill-SCOPE OF SERVICES Following is a list of the City's functional requirements for the automated agenda management system. Item Preparation by Department 1. Login security should use the user's Windows account ID and password, seamlessly for an auto login capability. 2. Provide standard Word templates for drafting staff reports, resolutions and ordinances. 3. Agenda templates shall include preloaded drop-down designations, and an option to edit these designations (e.g. minimize manual data entry using feature such as drop-down tables, type-ahead, check, boxes, auto populate, etc.} 4. Agenda templates will include a checklist of standard items, including roll call, public hearings, voting requirements, presentations, etc. As needed, the checklist of standard items can be edited and amended by authorized users. 5. Provide for spell check. 6. Allow attachment of files in various formats and from various drives and locations (e.g. Laserfiche repository). 7. Create electronic versions of paper documents for item submittal. 8. Provide for inter-departmental review in the workflow prior to item submittal. 9. Shall allow an unlimited number of meetings to be added and managed by the system. 10. Ability to accommodate a meeting within a meeting (e.g. executive session, redevelopment agency, etc.). 11. Ability to support simultaneous multiple-user access to all components of the agenda. Item Submittal by Department 12. Use for multiple meeting bodies (e.g. City Commission, City Commission Committees, boards or Committees). 13. Use for multiple meeting types (e.g. regular meeting, special meeting, workshops) for a meeting body. 14. Allow advance scheduling of items (e.g. submit title only for a future agenda). 15. Allow scheduling of recurring items. 16. Provide a central point for handling and documenting tasks relating to an item (e.g. send a notice of public hearing for publication 30 days before the meeting, submit a PowerPoint for presentation during a meeting, publish a notice to bidders after the City Commission adopts plans and specifications). 17. Provide for simple and user-friendly interface for submitting items. 18. Allow user to modify an item offline. 19. Allow input of follow-up instructions for use after meeting. 20. Enforce submittal deadline. 21. Submit supplemental and addendum materials for agenda items (e.g. submit a revised staff report for review after the agenda was published but before the meeting, submit public comments received up to time of meeting}. 22. No limit in the type of electronic files that can be attached. These file types include at least text, graphics, word processing applications, spreadsheets, acrobat, HTML, and photos and other images. Digital media such as visual files shall also be supported. (TIFF, JPEG, MPEG, GIF, PDF, BMP, PNG, Pict, A VI). 23. Allow agenda items to be moved with all associated attachments from one agenda to another. Workflow Design 24. Customize workflow (serial or parallel) specific to each meeting body (e.g., the agenda creation follows the City-defined workflow). 25. Allow reviewers to modify/override workflow (e.g. return item to department, forward to person not in standard workflow). 26. Allow assignment of delegates/backups for out-of-office reviewers (e.g. reviewer assigns a delegate during vacation). 27. Route items to reviewers automatically. 28. Restrict access to items being reviewed. 29. Program key dates for tasks. 30. Allow insertion of documents to any step of the workflow. 31. Allow the withdrawal of document to any step of the workflow. 32. Allow the withdrawal of an agenda item from the workflow. 33. Allow deadlines to be set based on meeting date, response time, etc. 34. The workflow shall allow routing to be determined automatically based on information gathered during the flow process. 35. Automatically renumbers agenda items when editing. 36. Allows for future redesigns of workflow. Notification 71 RFP 2013-411 MF, Electron:c Agenda System 48 ~ lv\!Atv'l BEACH 37. Use email to notify departmental reviewers during item preparation phase. 38. Use email to notify City Clerk/Agenda Coordinator upon item submittal. 39. Use email to notify reviewers to review items. 40. Use email to send reminders to appropriate staff to facilitate workflow (e.g., reviewer receives message to review an item after a number of days). 41. Customize notification messages specific to the task (e.g. Budget Director receives message to review financial information for an item at provided hyperlink). 42. Customize notifications during review process (e.g., item submitters can opt to receive notifications on the status of an item at each step or after approval for agenda). 43. Notify administrator if a reviewer or delegate in a defined workflow is no lor~ger in Active Directory. 44. Allow for escalatior1 and notifications based on deadlines. 45. Must give users the ability to track the status of each ager~da. Review and Approval 46. Show comments and track changes on documents in different file types. 47. Document approvals on final items (e.g. insert an approval code, apply an electronic or digital signature). 48. Allow reviewers to see pending items for review, and allow the user to decide which items they would like to access. 49. Ability to see the status of any item and graphically view where it is at in the workflow process at any given point. 50. Provide automatic notification when a document is revised. 51. Support electronic signatures. Monitoring and Tracking 52. Allow users to see status of submitted items by department, meeting date, etc. 53. Allow users to see preliminary meeting agenda. 54. Allow Clerk/Agenda Coordinator to move an item from one meeting to another. Publication 55. Allow moving items on agenda prior to publication. 56. Allow drafts to be created. 57. Allow flexible reformatting of the document, such as font, indentation, numbering, order of items, etc. 58. Allow pending items to be placed on the agenda. 59. Capability to allow versioning of agendas and agenda items; allows process steps such as draft, revision and final agenda. 60. Assemble all items with different file types into a final agenda packet. 61. Automatically converts all documents to PDF (OCR version) for printing and website publication. 62. Unk agenda item Iitle on short agenda to item in agenda packet. 63. Insert page numbers. 64. Works with the City's print shop equipment to allow the insertion of tabs and blue pages separating agenda items for paper agendas. 65. Amend an agenda after publication (e.g. add an item to a published agenda). 66. Publish automatically to multiple locations (e.g. website, Laserfiche repository). 67. Publish to different media for distribution (e.g. iPad). 68. Notify interested parties when certain subjects are on the agenda. 69. Must provide a method to download the agenda and all associates backup material as individual items. 70. Have the ability to download a copy of a meeting with all the supporting material to a folder providing for easy off-line access. 71. Provide public access, via the internet, to archival/historical information, such a meeting minutes/after-actions, motions and votes. 72. Provide the ability to download the agenda to any mobile device such as iPad or smartphone. 73. Ability to notify Commissioners, board members and the public of agenda and packet availability. 74. Ability to automatically notify the public when changes are made to an individual agenda item. 75. Ability to create a table of content for the agenda. 76. Provide bookmarks in the PDF agenda packet to allow users to jump to relevant items in the packet. 77. Ability to convert the final agenda to PDF and Word files. Meeting Minutes/After-Action 78. Real-time record of roll call and voice votes. 79. Real-time record of notes. 80. Allow Clerk's staff to enter multiple motions for a single item, including substitute motions 81. Ability to choose whether electronic voting is used. 82. Ability to vote per individual item or entire agenda sections, such as Consent Agenda. 8 I RFP 2013-411 MF, Electronic Agenda System 49 foe N·JA!v\1 BEACH Follow-up and Research 83. Provides post meeting capability for tracking, numbering and signing of documents. 84. Notify staff regarding actions following meeting (e.g. notify selected staff members about the City Commission action on an item). 85. Notify staff regarding tasks following meeting (e.g. notify item originator to submit a notice for publication, notify item originator to submit original agreement to the City Clerk after obtaining signature from the outside party). 86. Maintains and makes available history of all agenda items. 87. · Allows users to search and access past items by keywords, dates, project manager, etc. 88. Provides the capability to prepare meeting minutes/after-actions (records motions, voles, etc.). 89. Provide the capability to prepare meeting notes (e.g., the offline agenda version shall allow each user to make notes for each agenda item; the proposed solution should provide the ability to make notes on agenda items on mobile devices.). 90. Provide for search of agenda items, full text or metadata. 91. Ability to OCR documents in order to allow search of text within documents. 92. Abilltyto print any search result. 93. Allow searches by date and/or within date ranges. 94. Support grouping and searching documents based on metadata content. 95. Search on agenda titles, agenda content, supporting materials content, supporting material annotations. 96. Public can search meeting agenda, minutes/after-actions and associated documents simultaneously. 97. Return a list of all search results with links to the agenda item and supporting documents within the respective agenda. 98. Ability to search for records related to vote (e.g., how many time a Commissioner/Mayor voted Yes, No, abstained, etc.) 99. Ability to search for records regarding meeting attendance (list meetings in which a Commissioner/Mayor was absent). 100. Ability to use workflow post meeting for tracking, numbering and signing of documents. Document Management 101. Prepare follow-up legislative documents from files submitted with item. 102. Export selected files to Laserfiche for archive. Reports 103. 104. Generate calendar of scheduled items on future agendas by date range, department, etc. Generate statistical and performance reports (e.g. tabulation of agenda items for reimbursement claims, tabulation of agenda items by departments for cost allocation studies, and other reports). 105. 106. 107. Ability to support flexible user-friendly query capability based on user-defined criteria. Must be able to export reports to Microsoft Excel and Word. Must be able to print reports. System Technology 108. Software should have a sharepoint interface capability. 109. Single Sign-On through Active Directory Services. 110. Able to integrate with Microsoft Exchange. 111. Ability to integrate with electronic document management systems for seamless depositing of final agendas into the archive (currently running Laserfiche/Weblink). 112. Allow third party reporting tool to access database for ad hoc queries and reporting. 113. Provides user-dependent views/ security based on role. 114. Provide adequate security to safeguard documents, processes and existing data from non-administrative users. 115. Ability for system/ database to be hosted locally on company's network. 116. Technical support provided with software. 117. Upgrades included in the maintenance price. 118. Ability of system to time out users due to inactivity of their client connection (admin configurable time limits). 119. Ability of system to lock files as they are edited to avoid revision contention issues. 120. Allow off-line editing/ reviewing of documents to be later resynchronized and resume workflow 121. Allow remote access. System Support 122. Software support must be available and provided by the vendor via a telephone hot line backed up by a minimum of three support personnel available and a complete line of computer hardware to be able to test and re-create any software situation. 123. Software support must be available during the City's "normal" business hours, which are Monday-Friday, 8:00a.m.-5:00p.m., Eastern Standard Time, with access to support personnel after hours and on weekends. It is desired that any user have access to support personnel for questions. 124. Must provide end user training options (both initial and follow-up). 125. Must provide administrator-training options (both initial and follow-up). 9 ) RFP 2013-411 MF, Electronic Agenda System 50 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. TAB2 • erience & Qualifications. Qualifications of Proposing Firm. Describe experience and qualifications of the Proposer in performing the services sought in this RFP or a related business, including: • Documentable, proven track record of providing the scope of services similar as identified in this solicitation. • Providing similar scope of services to private sector agencies. • Financial capacity to perform services outlined in the RFP including, but nat limited to, Dun & Bradstreet Supplier Qualification Reports, latest annual reviewed/audited financial statements with the auditors notes. The City reserves the right to require additional information to determine financial capability. Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract. Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. Through the information provided in Appendix A, proposer's financial capacity, litigation history, past performance, as well as other factors, rna be assessed. TAB3 • e of Services & Methodolo Submit detailed information on how proposer plans to accomplish the required scope of services, including detailed information, as applicable, on proposed sofulion(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. SECTION V-EVALUATION I SELECTION PROCESS The procedure for response, evaluation and selection will be as follows: The RFP will be issued 1. A Pre-Proposal Submission Meeting with potential Proposers will be conducted. 2. All timely received Proposals will be opened and listed. 3. 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, The evaluation of proposals will proceed in a two-step process. 4. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. Step 1 Evaluation. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may: a. Review and score all proposals received, with or without conducting interview sessions; or b. Review all proposals received and short-list one or more proposers to be further considered during subsequent interview session(s) (using the same criteria). 10 I RFP 2013-411 MF, Electronic Agenda System 51 Step 1 -Qualitative Criteria Maximum Points Proposer Experience and Qualifications, including Financial Capability Reference as to Experience and Qualifications Approach and Methodology 35 15 35 TOTAL AVAILABLE STEP 1 POINTS 85 5. Step 2 Evaluation. Following the results of Step 1 Evaluation Qualitative criteria, the proposers may receive additional points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Step 2 -Quantitative Criteria Quantitative Criteria Cost Proposal Local and Veterans Preference Miami Beach-Based Vendor Veterans and State-Certified Service-Disabled Veteran Business Fnt•>rnr11~1>~ 6. The cost proposal shall be developed in accordance with the following formula: Sample Objective Formula for Cost Vendor Vendor Example Maximum Formula for Calculating Points 15 5 Cost Allowable Points (lowest cost I cost of proposal being Proposal evaluated X maximum allowable points= awarded points) Vendor A $100.00 15 $100 I $100 X 15 = 15 Vendor B $150.00 15 $100 I $150 X 15 = 10 Vendor C $200.00 15 $100 I $200 X 15 = 8 Total Points Awarded 15 10 8 7. The final ranking results of Step 1 & 2 will be forwarded to the City Manager who may recommend to the City Commission the proposer(s) s/he deems to be in the best interest of the City. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity and skill of the bidder to perform the contract. (2) Whether the bidder can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the bidder. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 8. 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. 10. 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. 11. The final proposed agreement(s) will be presented to the City Commission for approval. 12. 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. 11 I RFP 20 13~411 MF, Electronic Agenda System 52 G lv\IAMi BEACH SECTION VI -SPECIAL TERMS AND CONDITIONS: INSURANCE REQUIREMENTS The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability, Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than ·a· as to management, and no less than "Class \f as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3RD FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 12f RFP 2013-411 MF, Electronic Agenda System 53 SECTION VII-GENERAL CONDITIONS 7.1 VOLUNTARY. AGREEMENT. By virtue of submitting a response to thrs ITN, Proposer agrees to be bound bv all terms and conditions of this solicitation and all applicable ~egulations and requirements of the Miami Beach City Code, as included herein or in the full Code available at http/ /1 ibrarv .municode.com/index.aspx?cl ientld \3097. 7.2 MODIFICATION/WITHDRAWALS OF PROPOSALS. A Pro~oser may su?mtt a modi_fied 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 tlme. wtll not be considered. Proposals shall be m:vocable until contract award unless withdrawn in writing pnor to the Proposal due date, or after expiration of l21l 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 wil! not be considered. 7.3 ITN POSTPONEMENT/CANCELLATION/REJECTION. The City may, at its sote and absolute discretton, reject any and all, or parts of any and all, Proposals; re-advertise this ITN, postpone or cancel, at any time, this ITN process~ or waive any irregutarities m th1s !TN, or many Proposals received as a result of this ITN. 7.4 COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, sh<Ill be the sole responsibillt:y (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. 7.5 EXCEPTIONS TO ITN. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this ITN and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated in wTiting, in the Proposal. The City, at its sole and absol~te discret1on, may accept or reject any or a!l 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 lTN to which Proposer took exception to (as said term and! or condition was originally set forth on the ITN). 7.6 FLORIDA PUBLIC RECORDS lAW. Proposers are hereby not1fied that all Proposats including, w1thout limitation, any and all information and documentation submitted there.,.ith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. I of the State Constitution until s·uch time as the City provides notice of an intended decision or until thirty (30) days after opening of the Proposals, whichever is earller. 7.7 NEGOTIATIONS. The City reserves the right to enter into fimher negotiations with the selected Proposer. Notwithstanding the precedmg, the C1ty !S m no way obligated to enter into a contract with the selected Proposer in the event the parties are Lmable to negotmte a contract It is also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to: approved by the Crty; and executed by the parties 7.8 PROTEST PROCEDURE. Proposers that are not selected may protest any recommendation for selection of award in accordance 131 RFP 2013-411MF, Electronic Agenda System e MIPv\J\1 BEACH 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 tD the requirements of Ordinance No. 2002- 3344 shall be barred. 7.9 OBSERVANCE OF lAWS. Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regutations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, tn any manner, may affect the scope of services and/or project contemplated by this ITN (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and g~id~ltnes). Ignorance of the law(s) on the part of the Proposer w1ll m no way rel!eve it from responsibility for compliance. 7.1 0 DEFAULT. Failure or refusal of the successful Proposer to execute a contract following approval of such contract by the C1ty 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. \Vhere 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. 7.11 CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or 1mmed1ate family member (spouse, parent, sibhng, and child) who is also an employee of the City of Miami Beach. Further, all Proposers m'-lst disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. 7.12 PROPOSER'S RESPONSIBILITY. Before submitting a Proposal, each Proposer shall be solely responsible for making any and all mvesl!gatJOns, evaluallons, 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 wah all prov1sions and reqU1rements 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. 7.13 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 netther the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 7.14 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 b1d 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 ent1ty, 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 By virtue of submitting a response to this ITN, proposer certifies that it has not commltted any Pubhc entrty cnme or been placed on any convicted vendor list. 54 7.15 COMPLIANCE WITH THE CITY'S LOBBYIST LAWS. This ITN 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 shaH be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their Proposals, in the event of such non-compliance. 7.16 DEBARMENT AND SUSPENSION ORDINANCE. This ITN is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment and Suspension Ordinance (as adopted pursuant to Ordinance No. 200-3234, and as codified in Sections 2-397 through 2-406 of the City Code, or as amended from time to time). 7.17 AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673- 749DNOICE to request material in accessible format; sign language interpreters {five 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 305-673-7631. 7.18 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 a(cept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties 7.19 GOVERNING LAW I VENUE. This solicitation, and any award(s) resulting from same, shall be governed by and construed under the laws of the State of Florida and mu.st have venue established in the ll"' Judicial Circuit Court of Miami- Dade County, Florida. 7.20 LEGAL REQUIRENIENTS. Proposer agrees to be in full compl!ance with any federal, state, county and local laws, ordinances, rules, regulations or codes that in any manner affe~;t the goods or services covered herein, including the City of Miami Beach Code available at http:/llibrarv.municode.com/index.aspx?clientid-13097. Lack of knowledge by the proposer will in no way be a cause for relief from responsibility. 7.21 ADVERTISING. In submitting a solicitation, proposer agrees not to use the results therefrom as a part of any commercial advertising without prior written approval of City. 7.22 PATENTS/INTELLECTUAL RIGHTS AND ROYALTIES. The proposer, without exception, shall indenmify and save harmless City and its employees from liability of any nature or kind, mcluding cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, 141 RFP 2013-411 MF, Electronic Agenda System (9 iv~IA!V\! BEACH including its use by City. Ifthe proposer uses any design, device, or materials covered by letters, patent, or copyright or other intellectual rights, it is mutually understood and agreed without exception that the solicitation prices shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work 7.23 DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: a. Any agreement resulting from the award of this solicitation; then b. Addenda released for this soli~itation, with the latest Addendum taking precedence and chronologically thereafter; then c. this solicitation; then d. proposer's proposal. 7.24 In case of any other doubt or difference of opinion, the decision of City shall be final and binding on both parties. 7.25 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal ona contract with a public entity for the construction or repair of a public building or public work, may not submit a proposal 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 Section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list By submitting response to this solicitation proposer certifies that it has not been convicted of a public entity crime. 7.26 USE OF OTHER CONTRACTS. City reserves the right to utilize any other City contract, any State of Florida Contract, any contract awarded by any other city or county governmental agencies, other City, other community City/state university system cooperative agreements, or to directly negotiate/purchase per City policy, as currently enacted or as amended from time to time, in lieu of any offer received or award made as a result of this solicitation if it is in its best interest to do so. 7.27 SOLICITATION and ADDENDA. It is the sole responsibility of the proposer to assure it has received the entire solicitation package and any and all Addenda. No submissions made after the proposal opening, amending or supplementing the proposal shall be ~onsidered. 55 APPENDIX A Proposal Certification, Questionnaire & Requirements Affidavit RFP 2013-411 MF ELECTRONIC AGENDA SYSTEM DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 G! !\!'. tvV\i BEACH Page 15 RFP 2013-411 MF, Electronic Agenda System 56 APPENDIX A PROPOSAL CERTIFICATION QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Solicitation No: 2013-411 MF SolicitaUon Title: Electronic Agenda System Procurement Contact Marta Fernandez Rubio Tel: 305-673-7000 Ext 6263 J Email:mfemandezrubio@miamibeachfl.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: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: '. The Ctty reserves the nght to seek addtttonaltnformatlon from proposer or other source(s), rncludmg but not lrmrted 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. e M!Atv'\l BEACH Pagel6 RFP 2013-411 MF. Electronic Agenda System 57 2. 3. APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Miami Beach Based (Loclal) 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~oser a veteran owned business? L_j YES c=J NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 4. Financial Capacity. Proposers shall submit a Dun & Bradstreet Duns Number (D-U-N-S #). The City may request one or more D&B reports to assess proposer's financial capacity or may request other informalion (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 '1n the solicitation directly to the Citv. Proposer may attach additional references and ask that additional references submit client surveys as applicable. (!: lv\iA/v\i BEACH Page 17 RFP 2013-411 MF, Electronic Agenda System 58 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-rrfor~ance by any public sector agency? c=J YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 8. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non- compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-oonsultants) 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 bidfresponse or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, proposer may submit a statement indicating that it will adopt. as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurementf. 10. living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health benefits, and $12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same (in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurementl. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document. Proposer agrees to the living wage requirement. 11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. e MIN/\!BEACH Page18 RFP 2013-411 MF. Electronic Agenda System 59 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? c=J YES c::J NO B. Does your company provide or offer access to any benefits to employees with {same or opposite sex) domestic partners* or to domestic partners of employees? CJ YES c.:=J NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is nat guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 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 an 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 perfonn work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may nat 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 infonnation to proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's a-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confim1 Initial to Con~rrn Initial to Coofirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 2 Addendum 7 Addendum 3 Addendum 8 Addendum 4 Addendum 9 Addendum 5 Addendum 10 .. If addttional confirmatton of addendum ts requtred, submtt under separate cover. G i\/dlv'v\!SEACH Page 19 RFP 2013-411 MF, Electronic Agenda System 60 Addendum 11 Addendum 12 Addendum 13 Addendum 14 Addendum 15 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City"} for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this RFP, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, a11d 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 ccnsideration, 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. /my response to this solicitation may be accepted or rejected by the City for any reason, orfor 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 informatiol'l contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be ccnstrued 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. <9 ti\!Mli!BEACH Page 20 RFP 2013-411 MF. Electronic Agenda System 61 APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE&. REQUIREMENTS AFFIDAVIT PROPOSER CERTIFICAT.;.;;IO;.;.;N~-----~----~""'1 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 !TN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the ITN, and any released Addenda and understand that the following are requirements of this SOLICITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Publlc Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Ti~e of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA On this ~day of , 20_, personally appeared before me who County of stated that {s)he is the of _____ , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of __ _ My Commission Expires: ______ _ (;e BEACH Page21 RFP 2013-411 MF, Electronic Agenda System 62 MIAMI BEACH Appendix B Contractor Client Survey City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7000 ext. 6263, Fax; 786-394-4003 To Whom It May Concern: The City of Miami Beach (City) has implemented a process that collects past performance information on contractors interested in providing service to the City. Your firm has been named by the contractor named below as a current or past client. It is kindly requested that you complete this form and submit it directly to the City by the due date noted below. Client surveys received directly from the contractor will not be considered. Please evaluate the performance of the company (10 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: RFP No.: 2013-411-MF I RFP Title: Electronic Agenda System Client Survey Due Date: City Contact: Submittal Information: October 11,2013 Marta Fernandez, CPPB City of Miami Beach 305-673-7000, Extension 6263 Procurement Division 786-394-4003, Fax 1700 Convention Center Drive mfernandezrubio@miamibeachfi.QOV Miami Beach, Florida 33139 Client Name: Client Contact Dates of Service: Project Value: Project Description: Contractor Performance Evaluation Criteria Unit Score (1-10) 1 How satisfied were you with qualifications and professionalism of the contractor's personnel, (1-1 D) subcontractors and agents in completing the project requirements? 2 How satisfied were_ you with the project completion timeline? (1-10) 3 How satisfied were you with the services provided by the contractor? (1-10) How satisfied were you with the approach and methodology utilized by the contractor in (1-1 0) 4 completing the agreed to seNices, including any innovative approach undertaken to achieve proiect requirements, within or below costs and within schedule? 5 Overall, how satisfied were you with the seNices, approach and costs paid to the contractor? 1-10) Additional Comments I Information: e MtAMlBEACH Page22 RFP 2013-411 MF, Electronic Agenda System 63 APPENDIX 11 '(H COST PROPOSAL RFP 2013-411 MF, ELECTRONIC AGENDA SYSTEM The City is seeking a total solution that addresses the needs outlined in this RFP, vendors may not respond a Ia cart to items identified in this proposal. PROPOSER'S NAME: _____________________ _ Software Cost to include software module fees and any other expense related to the acquisition of the soft.vare. Professional Services/ Pro[ect Management and Implementation Costs Maintenance fees, if applicable Cost of sofr..vare updates, if applicable Travel and Expenses Training [specify how many days and how much per day): Basic Training: Advanced Training: TOTAL COST (9 Nd/\fvi! BEACH Page 23 RfP 2013-411 MF, Electronic Agenda System 64 $ $ $ $ $ $ $ APPENDIX IJ'D" MINIMUM REQUIREMENTS AND SYSTEM FEATURES CHECKLIST RFP 2013-411 MF, ELECTRONIC AGENDA SYSTEM Does your system provide for the following requirements or functionalities? Response Category (I) Included I Yes I No (MMJ Minimum Modification. (3P) 3..c Party. (SM) Significant Modification. (N) Not available. (FR) Future Release. ill= Cost to modify your system to meet requirement or functionality. If no additional cost, indicate 1'None" Minimum Requirements Response $$$ Description/Notes 1 System must integrate with LaserFiche and Folio systems currently utilized by the City. 2 Software must be ADA compliant. 3 Software must be PCI compliant. 4 Proposed solution must be hosted by third-party and web-enabled. Functional Requirements Item Preparation by Department 1 Login security should use the user's Windows account ID and password, seamlessly for an auto login capability. 2 Provide standard Word templates for drafting staff reports, resolutions and ordinances. 3 Agenda templates shall include preloaded drop- down designations, and an option to edit these designations (e.g. minimize manual data entry using feature such as drop-down tables, type- ahead, check, boxes, auto populate, etc.) 4 Agenda templates will include a checklist of standard items, including roll call, public hearings, voting requirements, presentations, etc. As needed, the checklist of standard items can be edited and amended by authorized users. 5 Provide for spell check. 6 Allow attachment of files in various formats and from various drives and locations (e.g. Laserfche repository). 7 Create electronic versions of paper documents for item submittal. 8 Provide for inter-departmental review in the workflow prior to item submittal. 9 Shall allow an unlimited number of meetings to be added and managed by the system. ~ BEACH Page 24 RFP 2013-411 MF, Electronic Agenda System 65 Functional Requirements (contd.) Response 10 Ability to accommodate a meeting within a meeting (e.g. executive session, redevelopment aqency, etc\ 11 Ability to support simultaneous multiple-user access to all components of the agenda. Item Submittal by Department 12 Use for multiple meeting bodies (e.g. City Commission, City Commission Committees, boards or Committees). 13 Use for multiple meeting types (e.g. regular meeting, special meeting, workshops) for a meetinQ body. 14 Allow advance scheduling of items (e.g. submit title only for a future agenda). 15 Allow scheduling of recurring items. 16 Provide a central point for handling and documenting tasks relating to an item (e.g. send a notioe of public hearing for publication 30 days before the meeting, submit a PowerPoint for presentation during a meeting, publish a notice to bidders after the City Commission adopts plans and specifications). 17 Provide for simple and user-friendly interface for submitting items. 18 Allow user to modify an item offline. 19 Allow input of follow-up instructions for use after meeting. 20 Enforce submittal deadline. 21 Submit supplemental and addendum materials for agenda items (e.g. submit a revised staff report for review after the agenda was published but before the meeting, submit public comments received up to time of meetinQ). 22 No limit in the type of electronic files that can be attached. These file types include at least text, graphics, word processing applications, spreadsheets, acrobat. HTML, and photos and other images. Digital media such as visual files shall also be supported. (TIFF, JPEG, MPEG, GIF. PDF, BMP, PNG, Pict, AVI). 23 Allow agenda items to be moved with all associated attachments from one agenda to another. Workflow Design 24 25 26 27 Customize workflow (serial or parallel) specific to each meeting body (e.g., the agenda creation follows the City-defined workflow). Allow reviewers to modify/override workflow (e.g. return item to department, forward to person not in standard workflow). Allow assignment of delegates/backups for out-of- office reviewers (e.g. reviewer assigns a delegate during vacation). Route items to reviewers automatically. G !v\c,t\/'v\!BEACH Page 25 RFP 2013-411 MF. Electronic Agenda System 66 $$$ Description/Notes Functional Requirements (contd.) Response $$$ Description/Notes 28 Restrict access to items being reviewed. 29 Program key dates for tasks. 30 Allow insertion of documents to any step of the workflow. 31 Allow the withdrawal of document to any step of the workflow. 32 Allow the withdrawal of an agenda item from the workflow. 33 Allow deadlines to be set based on meeting date. response time, etc. 34 The workflow shall allow routing to be determined automatically based on information gathered durin.::~ the flow process. 35 Automatically renumbers agenda items when editing. 36 Allows for future redesigns of workflow Notification 37 Use email to notify departmental reviewers during item preparation phase. 38 Use email to notify City Clerk/Agenda Coordinator upon item submittal. 39 Use email to notify reviewers to review items. 40 Use email to send reminders to appropriate staff to facilitate workflow (e.g., reviewer receives message to review an item after a number of days). 41 Customize notification messages specific to the task (e.g. Budget Director receives message to review financial information for an item at provided hyperlink). 42 Customize notifications during review process (e.g., item submitters can apt to receive notifications on the status of an item at each step or after approval fer agenda). 43 Notify administrator if a reviewer or delegate in a defined workfiow is no longer in Active Directory. 44 Allow for escalation and notifications based on deadlines. 45 Must give users the ability to track the status of each agenda. Review and Approval 46 Show comments and track changes on documents in different file types. 47 Document approvals on final items (e.g. insert an approval code, apply an electronic or digital signature). 48 Allow reviewers to see pending items for review, and allow the user to decide which items they would like to access. 49 Ability to see the status of any item and graphically view where it is at in the workflow process at any given point. 50 Provide automatic notification when a document is revised. G f.i\fAN,; BEACH Page 26 RFP 2013-411 MF, Electronic Agenda System 67 Functional Requirements (contd.) Response $$$ Description/Notes 51 Support electronic signatures. Monitoring and Tracking 52 Allow users to see status of submitted items by department, meeting date, etc. 53 Allow users to see preliminary meeting agenda. 54 Allow Clerk/Agenda Coordinator to move an item from one meeting to another. Publication 55 Allow moving items on agenda prior to publication. 56 Allow drafts to be created. 57 Allow flexible reformatting of the document, such as font, indentation, numbering, order of items, etc. 58 Allow pending items to be placed on the agenda. 59 Capability to allow versioning of agendas and agenda items; allows process steps such as draft, revision and final agenda. 60 Assemble all items with different file types into a final agenda packet. 61 Automatically converts all documents to PDF (OCR version) for printing and website publication. 62 Link agenda item title on short agenda to item in agenda packet. 63 Insert page numbers. 64 Works with the City's print shop equipment to allow the insertion of tabs and blue pages separating agenda items for paper agendas. 65 Amend an agenda after publication (e.g. add an item to a published agenda). 66 Publish automatically to multiple locations (e.g. website, Laserfiche repository). 67 Publish to different media for distribution (e.g. iPad). 68 Notify interested parties when certain subjects are on the aqenda. 69 Must provide a method to download the agenda and all associates backup material as individual items. 70 Have the ability to download a copy of a meeting with all the supporting material to a folder providing for easy off-line access. 71 Provide public access, via the internet, to archival/historical information, such a meeting minutes/after-actions, motions and votes. 72 Provide the ability to download the agenda to any mobile device such as iPad or smartphone. (9 BEACH Page 27 RFP 2013-411 MF. Electronic Agenda System 68 Functional Requirements (contd.) Response 73 Ability to notify Commissioners, board members and the public of agenda and packet availability. 74 Ability to automatically notify the public when changes are made to an individual agenda item. 75 Ability to create a table of content for the agenda. 76 Provide bookmarks in the PDF agenda packet to allow users to jump to relevant items in the oacket. 77 Ability to convert the final agenda to PDF and Word files. Meeting MinuteslAfter-Action 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Real-time record of roll call and voice votes. Real-time record of notes. Allow Clerk's staff to enter multiple motions for a single item. including substitute motions. Ability to choose whether electronic voting is used. Ability to vote per individual item or entire agenda sections, such as Consent Agenda. Provides post meeting capability for tracking, numbering and signing of documents. Notify staff regarding actions following meeting (e.g. notify selected staff members about the City Commission action on an item). Notify staff regarding tasks following meeting (e.g. notify item originator to submit a notice for publication, notify item originator to submit original agreement to the City Clerk after obtaining siqnature from the outside party)_ Maintains and makes available history of all aQenda items. Allows users to search and access past items by keywords, dates, project manager, etc. Provides the capability to prepare meeting minutes/after-actions (records motions, votes, etc.). Provide the capability to prepare meeting notes (e.g., the offline agenda version shall allow each user to make notes for each agenda item; the proposed solution should provide the ability to make notes on agenda items on mobile devices.). Provide for search of agenda items, full text or meta data. Ability to OCR documents in order to allow search of text within documents. Ability to print any search result. Allow searches by date and/or within date ranges. Support grouping and searching documents based on metadata content. G i\AtAM!BEACH Page 28 RFP 2013-411 MF, Electronic Agenda System 69 $$$ Description/Notes Functional Requirements (contd.) Response $$$ Description/Notes 95 Search on agenda titles, agenda content, supporting materials content, supporting material annotations. 96 Public can search meeting agenda, minutes/after- actions and associated documents simultaneously. 97 Return a list of all search results with links to the agenda item and supporting documents within the respective agenda. 98 Ability to search for records related to vote (e.g., how many time a Commissioner/Mayor voted Yes, No. abstained, etc) 99 Ability to search for records regarding meeting attendance (list meetings in which a Commissioner/Mayor was absent). 100 Ability to use workflow post meeting for tracking, numbering and signing of documents. Document Management 101 Prepare follow-up legislative documents from files submitted with item. 102 Export selected files to Laserfiche for archive. Reports 103 Generate calendar of scheduled items on future agendas by date range, department, etc. 104 Generate statistical and performance reports (e.g. tabulation of agenda items for reimbursement claims, tabulation of agenda items by departments for cost allocation studies, and other reports). 105 Ability to support fiexible user-friendly query capability based on user-defined criteria. 106 Must be able to export reports to Microsoft Excel and Word. 107 Must be able to print reports. System Technology 108 Software should have a sharepoint interface capability 109 Single Sign-On through Active Directory SerJices. 110 Able to integrate with Microsoft Exchange. 111 Ability to integrate with electronic document management systems for seamless depositing of final agendas into the archive (currently running Laserfiche/Weblink). 112 Allow third party reporting tool to access database for ad hoc queries and reporting. 113 Provides user-dependent views/ security based on role. 114 Provide adequate security to safeguard documents, processes and existing data from non-administrative users_ (9 MiAMi BEACH Page 29 RFP 2013-411 MF, Electronic Agenda System 70 Functional Requirements (contd.) Response 115 Ability for system/ database to be hosted locally on company's network. 116 Technical support provided with software. 117 Upgrades included in the maintenance price. 118 Ability of system to time out users due to inactivity of their client connection (ad min configurable time limits). 119 Ability of system to lock files as they are edited to avoid revision contention issues. 120 Allow off-line editing/ reviewing of documents to be later resynchronized and resume workflow 121 Allow remote access. System Support 122 123 124 125 Softvvare support must be available and provided by the vendor via a telephone hot line backed up by a minimum of three support personnel available and a complete line of computer hardware to be able to test and re-create any software situation. Software support must be available during the City's "normal" business hours, which are Monday-Friday, 8:00 a.m. -5:00p.m., Eastern Standard Time, with access to support personnel after hours and on weekends. It is desired that any user have access to support personnel for questions. Must provide end user training options (both initial and follow-up). Must provide administrator-training options (both initial and follow-up) (f: MLA.l'lt! BEACH Page 30 RFP 2013-411 MF, Electronic Agenda System 71 $$$ Description/Notes THIS PAGE INTENTIONALLY LEFT BLANK 72 -------------- COMMISSION ITEM SUMMARY Condensed Title: Request Approval To Reject All Proposals Received, Pursuant To Request For Proposals {RFP) 54- 11/12 For The Provision Of Credit Card Merchant Processin Services Key Intended Outcome Sup~Jorted: Improve the City's Overall Financial Health and Maintain Overall Bond Rating Supporting Data (Surveys, Environmental Scan, etc.): The City's overall bond rating is Aa2 and AA- according to Moody's and Standard and Poor's respectively. Issue: I Shall the City Commission reject all proposals and approve the issuance of the RFP? Item Summary/Recommendation: The City requires credit card merchant processing services in order to accept credit card payments from City customers. The City currently has a month-to-month agreement with SunTrust Merchant Services, LLC to provide the required credit card merchant processing services. In order to seek proposals for a subsequent agreement, July 18, 2012, the City Commission approved the issuance of RFP 54-11/12, for these services. The RFP was issued on September 12, 2012, and proposals were received on October 11, 2012. On October 25, 2012, the Committee convened to review and discuss the proposals. The Committee expressed their concern in regards to the lack of clarity in the cost proposals received and agreed that it was not possible to evaluate cost proposals because of the wide variation in the formats submitted. In addition, around the same time period LTC 270-2012 was issued detailing the arrest of the former Procurement Director and providing an affidavit in support of the arrest warrant (the "Affidavit"). The Affidavit potentially impacted some of the proposals received in response to the RFP. As a result, the City halted the evaluation process until such time as greater clarity on the impact of the Affidavit on proposals received was available. At this time, the City is still attempting to complete its review of the Affidavit's supporting documentation received from the State Attorney's Office to determine a course of action to be undertaken relative the matters outlined in the affidavit. Proposals were required to be valid for a period of ninety (90) days; therefore, the proposals received in response to the referenced RFP are no longer valid. As a result, the Administration is recommending a rejection of all proposals received. Subsequent to the approved rejection of proposals received, an industry review meeting will be conducted to address the Evaluation Committee's concern regarding the comparability of the cost proposal formats. It is the Administration's intent to submit a revised RFP to the City Commission at its October meeting for approval to issue so that proposals for credit card merchant processing services can be received and evaluated. Recommendation After considering the review and recommendation of City staff, the City Manager exercised his due diligence and carefully considered the specifics of this RFP process. As a result, the City Manager recommends to the Mayor and City Commission to reject all proposals received in response to the referenced RFP. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: 1 N/A Total N/A Financial Impact Summary: N/A MIAMI BEACH 73 Account AGENDA ITEM ....__.,C,....---~_,6"'----­ DATE f-//-13 lD MIAMI BEACH "="' City of Miomi Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov N MEMORANDUM TO: Mayor Matti H. Bower and Membe FROM: Jimmy L. Morales, City Manager \,...--::--t-__;~~oo:::::=::~ DATE: September 11, 2013 SUBJECT: REQUEST APPROVAL TO: 1) RE ECT ALL PROPOSALS RECEIVED, PURSUANT TO REQUEST FOR PROPOSAL (RFP) NO. 54-11/12 FOR THE PROVISION OF CREDIT CARD MERCHANT PROCESSING SERVICES TO THE CITY OF MIAMI BEACH FOR A FIVE-YEAR PERIOD WITH FIVE ONE-YEAR RENEWAL OPTIONS; AND, 2) ISSUE A RFP FOR THE REQUIRED SERVICES. ADMINISTRATION RECOMMENDATION Reject all proposals received and authorize the issuance of the RFP. BACKGROUND The City issued Request for Proposals (RFP) 37-06/07 seeking competitive pricing for various banking services involving the general operating, general depository, and payroll accounts (among several others). These banking services have normally included credit card merchant processing services as part of the scope of work. At the end of the first five-year term of the SunTrust Agreement the credit card merchant services function was removed from the banking agreement and established as a separate agreement on a month-to-month basis until such time as a solicitation for the services could be completed and awarded. RFP PROCESS On July 18, 2012, the City Commission approved the issuance of RFP 54-11/12. The RFP was issued on September 12, 2012, with an opening date of October 11, 2012. The pre-bid conference was held on September 24, 2012. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. Bidnet issued bid notices to 22 prospective proposers of which 4 accessed the advertised solicitation. In addition, 58 vendors were notified via email, which resulted in the receipt of the following ten (10) proposals: • All County ATM, Inc. • Bank of America Merchant Services, LLC • Elavon, Inc.-Next Wave • Elavon, Inc. -Regions Bank • Elavon, Inc.-US Bank • Merchant Data Systems • Payment Service Network, Inc. • SunTrust Merchant Services 74 City Commission Memorandum -Credit Card Merchant Processing Services September 11, 2013 Page 2 of3 • TransFirst Corporate Sales, LLC • Value Payment Systems, LLC On October 1, 2012, the Interim City Manager via Letter to Commission (LTC) No. 249-2012, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Mario Coryell, Resident and Loan Review Committee Member • Jacqueline Lalonde, Resident and Budget Advisory Committee Member • Joe Londono, Resident and Leadership Academy Graduate • Juan Rodriguez, Treasury Manager, Finance Department • Allison Williams, Chief Accountant, Finance Department In addition to those noted, the following individuals were proposed as alternates: • Georgette Daniels, Senior Management and Budget Analyst, OBPI • Mayra Diaz-Buttacavoli, Resident and Loan Review Committee Member • John Gardiner, Resident and Budget Advisory Committee Member • David Lancz, Resident and Budget Advisory Committee Member • James Sutter, Internal Auditor, OBPI • Juan Torres, Resident and Loan Review Committee Member On October 25, 2012, the Committee convened to review and discuss the proposals. The Committee expressed their concern in regards to the lack of clarity in the price proposals received and agreed that it was not possible to evaluate them fairly. In addition, around the same time period LTC 270-2012 was issued detailing the arrest of the former Procurement Director and providing an affidavit in support of the arrest warrant (the "Affidavit"). The Affidavit potentially impacted some of the proposals received in response to the RFP. As a result, the City halted the evaluation process until such time as greater clarity on the impact of the Affidavit on proposals received was available. At this time, the City is still attempting to complete its review of the Affidavit's supporting documentation received from the State Attorney's Office to determine a course of action to be undertaken relative the matters outlined in the affidavit. Proposals were required to be valid for a period of ninety (90) days; therefore, the proposals received in response to the referenced RFP are no longer valid. As a result, the Administration is recommending a rejection of all proposals received. Subsequent to the approved rejection of proposals received, an industry review meeting will be conducted to address the Evaluation Committee's concern regarding the comparability of the cost proposal formats. It is the Administration's intent to submit a revised RFP to the City Commission at its October meeting for approval to issue so that proposals for credit card merchant processing services can be received and evaluated. 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 RFP process. As a result, the City Manager recommends to the Mayor and City Commission to reject all proposals received in response to the referenced RFP. 75 City Commission Memorandum -Credit Card Merchant Processing Sen;ices September 11, 2013 Page3of3 CONCLUSION The Administration recommends that the Mayor and Commission reject all proposals received pursuan~~FP 54-11/12, for the provision of credit card merchant processing services. JLM/K6sfpoW/AD T:\AGENDA\2013\September 11\RFP 54-11/12 Rejection and RFP Issuance for Credit Card Services-MEMO.doc 76 COMMISSION ITEM SUMMARY Condensed Title: REQUEST APPROVAL TO EXERCISE TERM RENEWAL OPTIONS ON CONTRACTS FOR ROUTINE OPERATIONAL REQUIREMENTS Strengthen Internal Controls; Maximize Efficient Delivery of Services upporting Data (Surveys, Environmental Scan, etc.): Item Summa /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 may be 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 prices established through competitive solicitations. In its due diligence process for consideration of contract renewal options, the Administration has considered: cost considerations, including any increases to the CPI-U index by the Bureau of Labor Statistics indicating changes in the supply market pricing conditions, contractor performance and risk management considerations (e.g., insurance and bonds, as applicable). Additionally, the contract renewals are applicable to the contract period only and do not alter other terms and conditions of the contract or the scope of the procurement. Any changes to the scope of the original contract shall be presented under a separate item individually or require a new procurement process altogether. The purpose of this item is to request authority to renew the contracts listed herein. The justification for renewing is included with 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: First Class Parking, Apex Pest Control Services; Aegis Rapid Text; Architeknics, Inc.; Avina & Associates, Inc.; BCC Engineering, Inc.; SEA Architects, Inc.; Bender& Associates Architects, PA; Biscayne Engineering Company; Borrelli & Partners Architecture Planning Landscape Interiors; Brindley Pieters & Associates, Inc.; Bruce Howard & Associates of FL, Inc.; Calvin, Giordano & Associates, Inc.; Cashin Associates, P.C.; COM; Consulting Engineering Science, lnc.(CES); Douglas Wood & Associates, Inc.; E Sciences, Inc.; Eastern Engineering Group Company; EDSA; Forbes Architects; AECOM I Glatting Jackson Kercher Anglin, Inc.; Hadonne Corp; Kobi Karp Architecture and Interior Design, Inc.; ,Livs Associates; Lockwood, Andrews & Newman, Inc.; M.C. Harris &Associates; Millian, Swain, & Associates, Inc. (MSA); Miller Legg; O'Leary Richards Design Associates, Inc.; PBS&J/Atkins; Red Design Group; Robayna and Associates, Inc.; Rosenberg Design Group d/b/a Rosenberg; Savino Miller Design Studio; SBLM Architects; Schwebke- Shiskin & Associates, Inc.; Shulman +Associates, Inc.; Terra Civil Engineering, LLC; The Russell Partnership, Inc.; TLC En ineerin For Architects, Inc.; William Lane Architect, Inc.; Z scovich, Inc. Advisory Board Recommendation: Financial Information: Source of Funds: D OBPI 1 2 3 Total Amount See below. Account See below. Financial Impact Summary: Various budget codes are contained in the referenced contract expenditures. All ex enditures are contin ent u on a roved bud eted funds bein available. City Clerk's Office Legislative Tracking: ment Director MIAMI BEACH 77 AGENDA ITEM ____:C:::....:...;(.:....C __ DATE 'l-/f/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Honorable Mayor and Members of the FROM: Jimmy L. Morales City Manager DATE: September 11, 2013 COMMISSION MEMORANDUM ityCom~ SUBJECT: REQUEST APPROVAL TO E RCISE TERM RENEWAL OPTIONS ON CONTRACTS FOR ROUTINE OPERATIONAL 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 may be 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 prices established through competitive solicitations. In its due diligence process for consideration of contract renewal options, the Administration has considered: cost considerations, including any increases to the CPI-U index by the Bureau of Labor Statistics indicating changes in the supply market pricing conditions, contractor performance and risk management considerations (e.g., insurance and bonds, as applicable). Additionally, the contract renewals are applicable to the contract period only and do not alter other terms and conditions of the contract or the scope of the procurement. Any changes to the scope of the original contract shall be presented under a separate item individually or require a new procurement process altogether. The purpose of this item is to request authority to renew the contracts listed herein. The justification for renewing is included with the contract information. I ~it:~t Control and Fertilizations Services I r .. ·coiiira·Cic;r-:····· ...................................................................................................................................................................................................................................................................................................................................................................... i l.~P.~-~ .. E~§i~G9rJ~r9.1!_ll}~:...... . ............ ....... __ ............................ . .......................................................................... ----------· i Brief Scope: • ! For pest control and fertilizer application services at Parks & Recreation Centers throughout the : l .... Qi_~.Y: ......................... "" "" "" "" "" "" """"' """'"""'"' "" , .. '"'""'""'"" "" '""' "" ""'""'""'""""""""""" "" """"" """'"""' "" """'""""' "'''"'""""''"'''""'"""'"'""'""'""'""'""'"''"'""""'""'""'"""""' '"'""'""'""'''""""""""'''""'''"""' ""'""' ""' ""' ·-·-·-............ "" Best Interest Justification: The Parks and Recreation Department is satisfied with the contractor's services related to pest control and fertilization services. Additionally, while the prices paid by the City remain as awarded, the CPI-U has increased 1.2% since contract inception. Based on the aforementioned · and positive performance surveys, the Parks and Recreation Department recommends the tT~.~J-~~~Lgf.Jh~ 9.9.~J!r~~ f9T.9.~J~ .. 01Y~~r !hE2.~.9.b ... ?~P!~r:!1-~~r .??t.?.9.11.: ............ _ .... . 78 City of Miami Beach-Commission Memorandum 12 Contract Renewals for Routine Operational Requirements f-con!ract···N·urriber:-····························-···-···-···-......................................... _......... ] ... RenewaT·P·e·riod':······························· f-·~i\e~·::Q.1.:9~!JQ__ ..... ·····-_ -· . -·-·-·-·-···-··-···--·· ................................ L .. ~t;?Q!?91.~JbrCJl:l9t"l9W?..~!?Q1_~ .. -· ................... _ ................... . I Professional Architectural, Landscape Architecture, Planning & Urban Design And Engineering / Services In Various Professional Specialties On An "As-Needed Basis", For Projects In Which ! The Basic Construction Cost Does Not Exceed $1 Million Or For Study Activities When The Fee ! For Such Professional Services Does Not Exceed $50,000 :···~c·o·n·ira·cto·r:···· ....... H ... H ... H ... n.-...... " ........ ___ •••• •••• -········-----------------•• ·------•••• •••• •••• ··--.... ------~---~·-·-···-·-·-···-···-···-···--· .. ••• ................................... m ........................................... -.------------.. ···-•• • ---•••• ••• --------... i Architeknics, Inc.; Avina & Associates, Inc.; BCC Engineering, Inc.' BEA Architects, Inc.; Bender i & Associates Architects, P.A.; Biscayne Engineering Company; Borrelli & Partners Architecture Planning Landscape Interiors; Brindley Pieters & Associates, Inc.; Bruce Howard & Associates of FL, Inc.; Calvin, Giordano & Associates, Inc.; Cashin Associates, P.C.; CDM; Consulting Engineering Science, lnc.(CES); Douglas Wood & Associates, Inc.; E Sciences, Inc.; Eastern Engineering Group Company; EDSA; Forbes Architects; AECOM I Glatting Jackson Kercher Anglin, Inc.; Hadonne Corp; Kobi Karp Architecture and Interior Design, Inc.; Livs Associates; Lockwood, Andrews & Newman, Inc.; M.C. Harris & Associates; Millian, Swain, & Associates, 1 Inc. (MSA); Miller Legg; O'Leary Richards Design Associates, Inc.; PBS&J/Atkins, Red Design ! Group; Robayna and Associates, Inc.; Rosenberg Design Group d/b/a Rosenberg; Savino Miller 1 Design Studio; SBLM Architects; Schwebke-Shiskin & Associates, Inc.; Shulman +Associates, line.; Terra Civil Engineering, LLC; The Russell Partnership, Inc.; TLC Engineering For [ ... ~!.9.h.i!~.9!.~.t.J~~-:~ ... YYiJIJCIQJ_~Cir)~ Ar~b_i!~.9!., ... l.0.9.:.: __ ~Y.~~9.Y. .. i~.b!.".l~g: .. ___ -· ................... ~ _ ................ _ ................... -........................... -................. . ! Brief Scope: i The purpose of this contract is to provide access to architecture and engineering (A & E) firms in I accordance with the requirements of the State of Florida, Consultant's Competitive Negotiation : Act (CCNA), including professional qualifications in the following specialized areas: Architecture i -General, Landscape, Planning/Urban Design and Historic Building Specialization Engineering - I Civil, Electrical, Environmental/Coastal, Mechanical, Structural, Transportation Planning/Traffic i Engineering, and Land Surveying Services. Firms are utilized on a rotational method by area of i specialization. The Procurement Management Department now manages the distribution of i work on the rotational list and, in doing so, will attempt to maintain an equitable distribution of 1 ..... '!!..9.r~ .... ~Q:19._~g. c:~yv-_e~~ciE?cl_firrl'l.~.:. ___ ............................................................................................. _ ....... _____ -· ...... ____ ._ .. _ ............................. -.............. -.................................... --······ -· ___ .. i Best Interest Justification: ! The continuing contract for A & E will allow City departments to access to required services from ! firms that have been vetted by the City's qualification process through an extensive review and I negotiation process which has been completed in accordance with the requirements of Florida ! law. The firms listed above have received positive performance surveys. It is recommended that I the contract with these firms be renewed for one (1) year through September 29, 2014. I ! Sixto Architects, Inc. has not responded to the City's request for contract renewal. Additionally, ! I the Florida Department of State, Division of Corporations, notes that this company is no longer ' ! active. Accordingly, Sixto Architects, Inc. is not recommended for contract renewal. I , .. ·-···-•··-•-·-·-·-···-···-···-· ,,,,,,,,,.h,,o~•"•"'•"'""'•"••••< .,,,, ''''' ,,.,.,.,. ,,,,., • .,,.,.,.,,,.,,,~.,,,,,,,,,,.,_,,,,,,, ,,.,,, , ·-• ....•. ······-···----•-·-·-·-···-···-···-···-· ..•. ,,.,,, • .,~, ""'""'''n"'"' "''' ''"' ''""'"' ''"''"•••••••ononnmnmnmn• ,,. , ,---• •••• ·· . -·-···--····-···-···-···-· ··-•·-~•-•~•.,~•<•~•m•• ••••• ''''"'~"'"'''"'"'~"'~"'_"'_'_'~'-'~ -,., i Contract Number: i Renewal Period: i . i ! ~ .... !I.~::9~ .. ::1 .. Q!..1_1 ___ ............ ·········---··----··-.. -.............. -........ _ .. ,_ ................................................... J ... ~/1 .. ~/~9J~-J~E2~9.~ ... ~!...1 ... ~/?.Q1~---··· .... ············------·· .. ···············-···! i Title: 1 [_QI()~~g_Q~Q~iQ.~JT~.9......................................................................... ..... . ........... ----------·-.. -............ _ ....... -.. -.. -.................... __ ................. --····· -· ..... ----· -~·~·· .. ·········-···-................................ -··· .. -·-····· -! I Contractor: i . ! 1 .... ~~9!.~ .... B~P.i~!~~···· ..... ~ .. ······-··-·······................................................................. ... . -----··········-···· ............. _ .............. -....................................... ____ ................ _ .. -..... .: I Brief Scope: ! I This contract provides for real-time closed captioning service of all City of Miami Beach J \._ .. g_~~.~i-~_~i()_Q .. J!IE?E?~i~g~_CIQ9. ... 9..!.~.~.r ... !.~.!.~Y...i.~~g_.l!l.~€lti ~9-~.: .. __ -······ ._.............................................................. .. ........ ..... . .......... ____ -· ........... -............................................... ' 79 Best Interest Justification: City of Miami Beach-Commission Memorandum 13 Contract Renewals for Routine Operational Requirements The CPI-U has increased 5.11% since contract inception. Based on the aforementioned and review of contractor performance by the City Clerk's office, it is recommended the renewal of l.~b.~.~QIJ!r.<:ig~fQ~<:>t:I~_{J}y~c:t~thr<:>~::~9h§~pt_~rn.~er.1?. 2014._ ............... --··· :coriiract Number:········ ----···· --········-···----------------r-R:en-,,!w-an:~e-,{o<:c-----------------------------·-·· I RFP-40-07/08 i 1 0/01/2013 through 9/30/2015 , : •• , .. ~OoO~OoO~OoOH0"00 ''"' "~' oo~ooooOo ""''0~0'0MO•OM""''"'' ''"' ''""'"' '''"'""'""'""'"""''''"""'''"'"''""'""'"'' """'""'''' ''""'"''""'''"'''"'''"'''"'''"'''"'''"'''" '''"'''" ''''' ''''''''''"':..'''"'''"'''"'''"'''"''""'''''' '""'''-'''"''""' '""''""'''"''"''' ''''' '''-'''"' oo, '''', ''''' ''-''""'''"''""'"-, ,,_,,,_,,,,,,,,,, ... , '"'" '"''''""''""''""'''"'''"''''' ""'' '"'''"'''"'''"'""' oOoO ""'""""Mol : Title: ! Y§IJ~~-P§IT~ir"Jg§~ryig§!_~ .......... _______ -·· ___________________ ________ __ __ __________ _ ____________ ... ! · Contractor: : First __ g_l .. ~.~~ ... .l:.?.r~.l.Q.9 ... §.Y..~t~.~--~·-···················-···································································-·························-·······-·············-·····-·········-···-·····-········-···-·········-····························-·························· B~S~~: i , The purpose of this contract is to retain high quality valet parking service for the patrons of the I I Jackie Gleason Theater of the Performing Arts, 1700 Washington Avenue, Miami Beach, I I Florida, at the Miami Beach Convention Center, 1901 Convention Center Drive, Miami Beach, I ! Florida ("Convention Center"), and at other sites within the City of Miami Beach. The City of j l .. !\A.J.?.!!!.! ... ~~-~9-~ ... r.g_!~Y..~.J.: ........................... _ .............................................................................................................................. -.. -···-···-···-···-···-·············-···-···-·········-···-···-···-··············-···-···-···-···-···-···-···-·····-············-·····-·························I 1 Best Interest Justification: I l The Parking Department has reported satisfactorlly performance by the contractor and has i ! recommended renewal, stating that City's patrons at the stated locations will require a I l .. ~<:>r"Jtinl:J§IJ[on of the valet s~r:xiqes .... _____ ....... __ __ ................ ___ _ ___ ... ----···· : 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: First Class Parking, Apex Pest Control Services; Aegis Rapid Text; Architeknics, Inc.; Avina & Associates, Inc.; BCC Engineering, Inc. BEA Architects, Inc.; Bender & Associates Architects, P.A.; Biscayne Engineering Company; Borrelli & Partners Architecture Planning Landscape Interiors; Brindley Pieters & Associates, Inc.; Bruce Howard & Associates of FL, Inc.; Calvin, Giordano & Associates, Inc.; Cashin Associates, P.C.; COM; Consulting Engineering Science, lnc.(CES); Douglas Wood & Associates, Inc.; E Sciences, Inc., Eastern Engineering Group Company, EDSA, Forbes Architects AECOM I Glatting Jackson Kercher Anglin, Inc., Hadonne Corp, Kobi Karp Architecture and Interior Design, Inc. ,Livs Associates, Lockwood, Andrews & Newman, Inc. ,M.C. Harris & Associates, Millian, Swain, & Associates, Inc. (MSA), Miller Legg, O'Leary Richards Design Associates, Inc. PBS&J/Atkins, Red Design Group, Robayna and Associates, Inc., Rosenberg Design Group d/b/a Rosenberg, Savino Miller Design Studio, SBLM Architects, Schwebke-Shiskin & Associates, Inc., Shulman +Associates, Inc., Terra Civil Engineering, LLC, The Russell Partnership, Inc. TLC Engineering For Architects, Inc. William Lane Architect, Inc., Zyscovich, Inc. 4? JLM I KGB/ AD T:\AGENDA\2013\September 11 \Procurement\September Contract Renewal Memo.docx 80 COMMISSION ITEM SUMfv\ARY Condensed Title: Request For Approval To Award A Contract To Apex Pest Control lnc., Pursuant To Invitation To Bid (ITB) No.26-10-11 To Provide Pest Control and Fertilization Services In The Estimated Annual Amount of $5~,987.20. Ke_y Intended Outcome Supported: Maintain Miami Beach public area and rights of way Citywide. Supporting Data (Surveys, Environmental Scan, etc82.7% of Miami Beach residents responding to the 2009 satisfaction survey indicated that the landscape maintenance in right of way and public area was excellent or good. Issue: Shall the Mayor and City Commission approve the award of contract? Item Summary/Recommendation: The ITB was issued on June 1, 2011, with an opening date June 30, 2011. A pre-bid conference to provide information to contractors submitting bids was held on June 1 0, 2011. BidSync issued bid notices to 13 prospective bidders, and Bidnet issued bid notices to 53 prospective bidders, additionally, the Procurement Division sent the notices to four (4) prospective bidders. The notices resulted in the receipt of three (3) bids from the following firms: (1) Apex Pest Control, Inc., (2) Florida Turf and Landscape; and (3) Tower Pest Control Inc., The purpose of this bid is to establish a contract with a qualified vendor for Pest Control and Fertilization Services In order to achieve the overall quality objective, which is to maintain the landscaping in the City of Miami Beach in a healthy, growing, safe, clean and attractive condition throughout the year. Based on the analysis of the bids received, the Administration recommends that the City award a contract to· Apex Pest Control Inc., pursuant to ITB 26-1 0/11, To Provide Pest Control and Fertilization Services City wide. APPROVE THE AWARD OF CONTRACT. Advisory Board Recommendation: 1 nfa Financial Information· . Source of Amount Account Funds: 1 $59,987.20 Parks and Recreation Professional Services Account 011-0940-00312 D 2 3 OBPI Total Financial Impact Summary: ... Ci Clerk's Office Le islative Trackin : Gus Lopez Procurement Division Director@ 6641 Si n-Offs: Department Director nt City Manager GL~_KS POW MIAMI BEACH 35 81 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting The Recommendation of The City Manager Pertaining To The Ranking of Architectural And Engineering Firms, Pursuant to Request for Qualifications (RFQ) No. 01-09/10, For Professional Architectural And Engineering Services in Specialized Categories, On An "As-Needed Basis"; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm of Each Specialty; And Further Authorizing The Mayor and City Clerk To Execute Ae~reements Upon Conclusion of Successful Negotiations By The Administration. Key Intended Outcome Supported: Ensure well-maintained infrastructure, Ensure well-designed, quality capital projects. Supporting Data (Surveys, Environmental Scan, etc.): The 2007 Miami Beach Community Satisfactory Survey indicates that 84% of residents and 86% of businesses rated the services as good or excellent for recently completed capital improvement projects. Issue; I Shall the Mayor and the City Commission approve the City Manager's Recommendation? Item Summa_ry/Recommendation: On October 14, 2009, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No. 01-09/10, for Architectural and Engineering Services in various professional specialties to provide professional services on an "as-needed basis" for projects in which basic construction costs do not exceed $2 Million or for study activities when the fee for such professional service does not exceed $200,000. The price and terms for the contracts will be negotiated after City Commission approves authorization to negotiate. Each proposed contract shall be for a two (2) year term, with two (2) one-year renewal optio:1s at the City's option. RFQ#01-09/10 was issued on October 14, 2001\ with an opening date of December 1, 2009. A pre-proposal conference to provide information to the proposers submitting a response was held on October 28, 2009. BidNet issued bid notices to 143 prospective proposers, BidSync (formerly known as RFP Depot) issued bid notices to 91 prospective proposers, and 132 proposers were notified via mail, e-mail, and fax circulation, which resulted in the receipt of seventy (70) proposals. During the review process performed by the Procurement Office, the proposal submitted by Cadmus Engineering Group, was deemed non-responsive since it failed to meet the minimum requirements. Therefore, only sixty nine (69) proposals were presented to the Evaluation Committee members for further review. The City Manager via Letter to Commission (LTC) No. 356-2009, appointed an Evaluation Committee ("the Committee"). The Committee convened on February 11, 2010, February 24, 2010, March 16, 2010, April28, 2010, and May 20, 2010. A quorum was attained in every meeting. The Committee was provided with general information on the scope of services, Performance Evaluation Surveys and other pertinent information from all responsive proposers. The Committee discussed their individual perceptions of the proposer's qualifications, experience, and competence, and further ranked the proposers on the applicable discipline accordingly. For each discipline, the recommendation was unanimously approved by all Committee members. ACCEPT THE CITY MANAGER'S RECOMENDATION. Advisory Board Recommendation: Financial Information· . Source of Amount Account I Approved Funds: 1 Funds are available from the professional services budget accounts allocated to some City Departments, subject to the review of the Office of Budget and Performance Improvement (OBPI). OBPI Total I Financial Impact Summary: Assistant City Manager (9 MIAMI BEACH 181 82 ----------------------------------------------- COMMISSJON ITEM SUMMARY Condensed Title: Request For Approval To Award Contracts To Aegis Rapidtext, lnc., As Primary Vendor, And National Captioning Institute Inc., As Secondary Vendor Pursuant To Invitation To Bid (ITB) No.08-10/11 For Real- Time Closed Captioning Services Of All City Of Miami Beach Commission Meetings, And Other Televised Mee1ings, As Required, To Include Real-Time Spanish Closed Captioning And Translation Services,"ln the Estimated Annual Amount of $75,000. Ke Intended Outcome Su orted: Increase Community Satisfaction With City Services. Supporting Data (Surveys, Environmental Scan, etc.): In 2009, 17.7% of all respondents indicated they most often get their information for Cable Channel MB77. Issue: Shall the Mayor and City Commission approve the award a contract? Item Summa /Recommendation: he Purpose of Invitation to Bid No. 08-10/11 (the "Bid") is to establish a contract by means of competitive ealed bids, for real-time closed captioning service of all City of Miami Beach Commission meetings and ther televised meetings, as required, from a source that provides prompt and efficient service with ccuracy generally better than 90%. he real:..time closed captioning services provide English and Spanish of all City Commission meetings, and ther televised meetings, as required. The City will receive one (1.) file in time sequence order. A Microsoft ord compatible or other ASCII, unedited, uncertified, via e-mail before 9:30 a.m. Eastern Time the orning following a meeting. · he awarded contract shaiJ.remain in effect for two (2) years from date of contract execution by the Mayor nd City Clerk, and may be renewed for three (3) additional years, on a year-to-year basis, providing the uccessful bidder will agree to maintain ihe same terms and conditions of the current contract. ased on the analysis of the bids received, It is· recommended that the City award contracts to Aegis apidtext, Inc., as primary vendor and National Captioning Institute, Inc., as secondary vendor. APPROVE THE AWARD OF CONTRACT. Advisory Board Recommendation: ·Financial Information: Amount Act;ount Source of F.unds: 1 $55,000 annually City Clerk Office Professional Services Account No. 011- 021 0-000312 $20,000 annually ADA Compllance Grant-199-6953-000312 OBPI Total $75,0~.0 annually Financial Impact Summary: Clerk's Office Le islative Trackin Gus Lopez Procurement Division Director@ 6641 Si n-Offs: ·ofiipartme.nftilteetor Assistant City ·Manager RP OM PDW T:IAGENDA\2011\04-13-11\ITB-08-10-11 Closed Capmoning Summary MlAM1BEACH 41 83 COMMISSION ITEM SUMMARY Condensed Title: 'A Resolution approving a Professional Services Agreement (PSA) with First Class Parking, LLC; pursuant to Request for Proposals (RFP) No. 40-07/08, for the Management and Operation of Valet Parking Services at the Miami Beach Convention Center; the Fillmore Miami Beach at the Jackie Gleason Theater, and other City Property as may be required; and authorizing the Mayor and City Clerk to execute a professional services agreement. Key Intended Outcome Su_rutorted: Maintain or improve traffic flow and improve parking availability. ~upporting Data (Surveys, Environmental Scan, etc.): There had been an overall increase of 9.57% in otal vehicle entries in City garages between 2004 and 2007, thus maintaining the need for ancillary parking ~ervices such as valet parking. Issue: I Shall the Commission Adopt the Resolution? Item Summary/Recommendation: The City Commission directed the Administration to negotiate a Professional Service Agreement with First Class Parking, LLC, pursuant to RFP 4~7/08; and subsequently submit to the Mayor and City Commission for their approval and authorization for the Mayor and City Clerk to execute the Agreement. The following are the key points negotiated into the PSA which have been agreed to by First Class Parking, LLC. The City has relocated the one hundred (100) parking spaces required for storage from Municipal Parking Lot No. 29, located on 1 irn Street and Convention Center Drive to the seventh (rooftop) level of the City Hall Garage. This translates into enhanced customer convenience by providing one hundred (100} additional parking spaces at street level as well as removal of the unsightly viff-N of stacked vehicles in an open parking lot, where tens of thousands of visitors walk from the Convention Center to Lincoln Road, annually; the City has included language that upon written notification to the Concessionaire, from either the City, Global (for MBCC); or Live Nation (for the Fillmore}, that the Concessionaire shall not provide services for a specified event. Additionally, the Concessionaire may provide service at events; however, if the Concessionaire does not park more than ten (1 0) vehicles, the Concessionaire shall not be required to provide service for the remainder of the event; the City has negotiated free valet parking services for four events annually, one of which is the Cleveland Clinic's Annual Charitable Event at the MBCC. This has equates to an added value of $6,000, annually; the Concessionaire has agreed to submit a performance bond in the amount of $13,500.00 which equates to one (1) monthly payment of the annual contract value; the fee schedule for valet parking services is set by the Mayor and Commission and is described in the provision below; and the Concessionaire has agreed to provide the City with a monetary donation for a public benefitfor the City's residents. The attached PSA reflects a consensus document and provides the highest and best return to the City. First Class Parking, LLC has agreed to all of the terms and conditions set forth in the attached agreement. -Adopt the Resolution. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: This is a revenue generating contract. 1 No account number is required D 2 3 4 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Gus Lopez, Procurement Sl n-Offs: Department Director Assistant City Manager SF JGG T: \AGENDA\201 O\September15\Consent\FirstCiassParkingValetsum.doc MIAMI BEACH 193 84 JMG City Manager 1-t~-(0 COMMISSION ITEM SUMMARY Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 269-2013me, For Janitorial Services, Cit ide. Key Intended Outcome Supported: Item Summary/Recommendation: The purpose of Invitation to Bid (ITB) 269-2013ME was to establish contracts by means of competitive sealed bids to qualified providers of janitorial services. These contracts shall remain in effect for an initial year term ofthree (3) years, with an option to renew for an additional two (2) one-year periods, to be exercised at the City's sole discretion. City locations are categorized into two (2) groups. Bidders were required to submit prices for all location within one group and provide prices for additional services within each group for services that may be needed and could be added and/or deleted as needed throughout the life of the contract. Please refer to Appendix A for the locations included in each group. Invitation to Bid (ITB) 269-2013ME was issued on June 7, 2013, with an opening date of July 12, 2013. A Pre-bid conference and site visit to representative locations included in this ITB scope of services was held on June 18, 2013. The Public Group issued bid notices and 42 bidders accessed the advertised solicitation which resulted in the receipt of thirteen (13) bids. RECOMMENDATION United Services, Inc. is the lowest responsive and responsible bidder in both groups. Therefore, it is recommended that both groups be awarded to United Services, Inc. The secondary bidders are Service Keepers Maintenance and ISS Facility for Group 1 and 2, respectively. The secondary bidders will be utilized in the event that the primary bidder underperforms or fails to provide services as required under the ITB. AWARD THE CONTRACT. Advisory Board Recommendation: Financial Information· Source of Amount Account Funds: 1 $ 820,159 520-1720-000325-Property Management $ 242,730 435-9962-000325 -Sanitation-Beach Front restrooms $ 15,600 435-0430-000325 -Sanitation $ 37,500 011-1210-000325-Fire $ 3,250 425-0410-000325-Public Works $ 3,100 425-0420-000325 -Public Works $ 3,000 427-0427-000325-Public Works /-:.~ $ 14,300 510-1780-000343-Fleet ll'Rl)) $ 300,000 480-0463-000325-Parking-Janitorial 7 ~ $ 90,000 480-0463-000325 -Parking -Pressure cleaning -$ 100,000 142-6976-000325-Parking-Janitorial -~ $ 16,000 142-6976-000325-Parking-Pressure cleaning '-.:...I $ 95,500 463-1990-000325-Parking-Janitorial $ 16,000 463-1990-000325-Parking-Pressure cleaning $ 108,000 467-1996-000325-Parking-Janitorial $ 14,000 467-1996-000325-Parking-Pressure cleaning OBPI Total $1,879,139 Financial Impact Summary: The annual cost associated with City-wide janitorial 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. MIAMI BEACH 85 AGENDA ITEM ----'C'--2~0 __ DATE 9-JJ-/'!::> ----------------------------------------------, MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miamibeachfl.gov COMMISSION TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, Clty Manager DATE: September 11, 2013 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 269-2013ME, FOR JANITORIAL SERVICES, CITYWIDE. 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 The annual cost associated with City-wide janitorial 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. $ 820,159 $ 242,730 $ 15,600 $ 37,500 $ 3,250 $ 3,100 $ 3,000 $ 14,300 $ 300,000 $ 90,000 $ 100,000 $ 16,000 $ 95,500 $ 16,000 $ 108,000 $ 14,000 $1,879,139 520-1720-000325 -Property Management 435-9962-000325 -Sanitation -Beach Front restrooms 435-0430-000325 -Sanitation 011-1210-000325-Fire 425-041 0-000325 -Public Works 425-0420-000325 -Public Works 427-0427-000325-Public Works 510-1780-000343 -Fleet 480-0463-000325 -Parking -Janitorial 480-0463-000325 -Parking -Pressure cleaning 142-6976-000325 -Parking -Janitorial 142-6976-000325 -Parking -Pressure cleaning 463-1990-000325 -Parking -Janitorial 463-1 990-000325 -Parking -Pressure cleaning 467-1996-000325 -Parking -Janitorial 467-1 996-000325 -Parking -Pressure cleaning 86 Commission Memorandum-ITB 269-2013ME-Janitorial Services, Citywide September 11, 2013 Page 2 BACKGROUND The purpose of Invitation to Bid (ITS) 269-2013ME was to establish contracts by means of competitive sealed bids to qualified providers of janitorial services. These contracts shall remain in effect for an initial year term of three {3) years, with an option to renew for an additional two (2) one-year periods, to be exercised at the City Manager's sole discretion. The contracts consist of providing janitorial services to City facilities and parking garages which include administrative offices, recreational facilities, parking facilities and public restrooms. The awarded companies shall provide all supervision, administrative support, labor, subcontractors, materials, supplies and equipment, and shall plan, schedule, coordinate and assure effective completion of all required services. The specifications of this ITS were reviewed by the Sustainability Committee. Accordingly, the ITS was issued with language which will require the successful vendor to use environmentally- preferable cleaning chemicals and paper products & plastic trash bags/liners and maintain cleaning standards. ITB PROCESS Invitation to Bid (ITS) 269-2013ME was issued on June 7, 2013, with an opening date of July 12, 2013. A pre-bid conference and site visit to representative locations included in this ITB scope of services was held on June 18, 2013. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. The Public Group issued bid notices and 42 bidders accessed the advertised solicitation which resulted in the receipt of the following thirteen (13) bids: 1. Staffcaft Miami Corporation 2. DTZ -UGL Services 3. Omarcio Cleaning Services, Inc. 4. Service Keepers Maintenance, Inc. 5. Professional Building Services 6. Federal Janitorial 7. OJS Systems, Inc. 8. Stockton Maintenance Group, Inc. 9. American Multiservices & Janitorial 10. United Services, Inc. 11. ABM Services, Inc. 12. Vista Building Maintenance Services, Inc. 13. ISS C&S Building Maintenance Corporation The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award per location, group, or in its entirety, as deemed in the best interest of the City. Veterans and local preferences will be applied as applicable in the tabulation of bid prices received. Please note that neither veteran nor local preference was applied to any of the bidders. In the review of bids received and consideration of award, the City reserves the right to waive nonmaterial irregularities or technicalities in a bid received. 87 Commission Memorandum -ITB 269-2013ME-Janitorial Services, Citywide September 11. 2013 Page 3 City locations are categorized into two (2) groups. Bidders were required to submit prices for all location within one group and provide prices for additional services within each group for services that may be needed and could be added and/or deleted as needed throughout the life of the contract. Please refer to Appendix A for the locations included in each group. Below is a summary of the pricing submitted by all bidders for each group. Please note that mathematical errors were corrected by Procurement. United Services Inc. *$ 840,026.64 Service Keepers Maintenance **$ 905,526.96 American MS Janitorial $ 922,967.88 ISS Facility $ 931,024.20 Omarcio Cleaning $ 968,973.60 Federal Janitorial $ 1 ,093, 780.08 OJS Systems $ 1 ,231,440.00 DTZ $ 1,248,947.69 Staffcaf Miami $ 1,317,100.00 Vista Building Maintenance $ 1 ,401 '11 0. 76 Professional Building Service $ 1 ,478, 770.59 ABM Janitorial $ 1,559,099.76 Stockton Maintenance Group $ 1,807,100.30 * Lowest responsible and responsive bidder per group. ** Second lowest responsible and responsive bidder per group. United Services Inc. *$ 518,842.56 ISS Facility **$ 564,379.20 American MS Janitorial $ 604,086.84 Omarcio Cleaning $ 612,322.32 Professional Building Service $ 617,220.00 Federal Janitorial $ 659,447.04 Service Keepers Maintenance $ 668,289.84 OJS Systems $ 670,620.00 DTZ $ 714,845.03 Stockton Maintenance Group $ 737,960.15 Vista Building Maintenance $ 899,978.40 ABM Janitorial $ 1,310,582.28 Staffcaf Miami N/B * Lowest responsible and responsive bidder per group. ** Second lowest responsible and responsive bidder per group. 88 Commission Memorandum -ITB 269-2013ME-Janitorial SeNices, Citywide September 11, 2013 Page4 United Services, Inc. is the lowest responsive and responsible bidder in both groups. Therefore, it is recommended that both groups be awarded to United Services, Inc. The secondary bidders are Service Keepers Maintenance and ISS Facility for Group 1 and 2, respectively. The secondary bidders will be utilized in the event that the primary bidder underperforms or fails to provide services as required under the ITB. United Services Inc. has been in business for 26 years. The following is a brief summary of the experience of the company: • United Services Inc. services over 39 building within and for the City of Miami including administrative and ancillary services, gyms, parks, theaters, overnight facilities, and boat Marianas. • United Services Inc. provides services to all areas for Mary Brickell Village including several square city blocks of varying client types. The scheduling of services and the time of completion is critical to the ongoing success of the complex. Employees with varying skills for the cleaning of settings entirely different in scope and scale are needed to ensure the effective completion of each and every task at this location. • United Services Inc. is responsible for 49 buildings located within the City of Newark with thousands of visitors. The buildings vary in purpose, from City Hall and the Mayor's Office to educational buildings offering City sponsored classes, police stations, and courthouses. • United Services Inc. provides services to New Jersey Institute of Technology, with an average of one new building a year since 1984. United Services Inc. is responsible for all the periodical maintenance within the majority of these buildings. They have also provided pre & post construction services clean-up during these construction phases. State of the art equipment, along with strategic placement of chemical command dispensing systems, and the use of a computerized work order tracking software to calculate the proper amount of work per night for the employees made possible for United Services, Inc. to create consistency and in line with the customer task frequently schedule. 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 contract to United Services, Inc. the lowest responsive and responsible bidder. Further, in the event that the primary bidder underperforms or fails to provide services as required under the ITB, recommends awarding contract to the secondary bidders, Service Keepers Maintenance and ISS Facility for Group 1 and 2, respectively. CONCLUSION The Administration recommends the award of the contract to United Services, Inc., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 269-2013ME, for janitorial service, citywide, and further, in the event that the primary bidder underperforms or fails to provide services as required under the ITB, recommends awarding contract to the secondary bidders, Service Keepers Maintenance and ISS Facility for Group 1 and 2, respectively. JLM/MT/KGB/AD T:\AGENDA\.2013\September 11\Procurement\ITB 269-2013ME-Janitorial Services -MEMO.docx 89 Commission Memorandum -ITB 269-2013ME-Janitorial Services, Citywide September 11, 2013 Page 5 APPENDIX "An LOCATIONS PER GROUP City Hall South Pointe Park Ocean Rescue Facilities & Activity Room City Hall Garage Offices Scott Rakow Youth Center Complex 777 Building Scott Rakow Youth Center Ice Rink 555 Building South Shore Community Center Fleet Management 21st Street Recreation Center Sanitation Building North Shore Rec & Tennis Center Police Athletic League and Rec Center Normandy Shores Park Police Station Normandy Shores Guardhouse Fire Station #2 Administration Normandy Isle Park & Pool Fire Station 2 Support Services f EOC Parks Maintenance Facility North Beach Police Substation Ocean Front Auditorium Property Mgmt Office & Maintenance Beach Patrol Office Public Works Operations Building Flamingo Park Pool Marine Patrol Office and Public Restroom Flamingo Tennis Center and Restrooms Police Internal Affairs (225 Washington) Flamingo Park Baseball, Football Stadium & Softball Field Restrooms S. Pointe Park Beach Public Restroom North Shore Open Space Offices 3rd Street Beach Front Public Restroom Muss Park Paviliol1 & Restroom 6th Street Beach Front Public Restroom Crespi Park Center & Restroom 10th Street Beach Front Public Restroom Tatum Park Center & Restroom 14th Street Beach Front Public Restroom Stillwater Park Center & Restroom 21st Street Beach Front Public Restroom Fairway Park Center & Restroom 35th Street Beach Front Public Restroom 12th Street Parking Garage 46th Street Beach Front Public Restroom 16th Street Parking Garage 53rd Street Beach Front Public Restroom 17th Street Parking Garage 64th Street Restrooms 42nd Street Parking Garage Unidad Senior Ctr Public Restrooms 13th Street Parking Garage 7th Street Parking Garage City Hall Parking Garage Pennsylvania Parking Garage Sunset Harbor Parking Garage 90 -------------------------------------------------------------" COMMISSION ITEM SUMMARY Condensed Title: Request Approval To 1) Reject All Proposals Received Pursuant To Request For Proposals (RFP) No. 188-2013TC For Audits Of Resort Taxes And Other Internal Audits As Needed; And, 2) Authorize The Extension Of Existing Contracts Pursuant To RFP 23-09/10, On A Month-To-Month Basis Until Such Time As A New Contract Is Awarded. Key Intended Outcome Supported: Improve the City's Overall Financial Health and Maintain Overall Bond Rating Supporting Data (Surveys, Environmental Scan, etc.): The City's overall bond rating is Aa2 and AA- according to Moody's and Standard and Poor's respectively. Issue: Shall the City Commission Reject the RFP and extend the existing contract on a month-to-month basis until such time as a new contract is awarded? Item Summary/Recommendation: The City of Miami Beach charges a resort tax of three percent on revenues generated by the sale of rooms and two percent on revenues from food and beverages earned within the City. Businesses are required to register with the City to collect and remit taxes. It is projected that $54.2 million in resort taxes will be collected in fiscal year 2012/13. Currently, the City has three field agents and professional service agreements with three contractors (RGL Forensics, BCA Watson and Rice, and Marcum Rachlin) which expire October 21, 2013. As a result, Request for Proposals (RFP) 188-2013TC was issued on May 10, 2013, with an opening date of June 18, 2013. The pre-bid conference was held on May 23, 2013. Notices were sent to 78 prospective vendors which resulted in the receipt of four (4) proposals. The Administration has completed an initial review of the proposals receive and has determined that an inadequate number of responses and qualifications have been received to perform the services required by the City. Of the four (4) firms responding to the RFP, one firm responded only to the audit of resort taxes portion of the scope, one firm responded only to the internal audits portion of the scope and the two remaining firms responded to both type of audits. Two of the firms responding to the RFP have existing or prior agreements with the City to conduct the same types of audits. For one of the applicant firms currently providing these services to the City, performance of internal audits has been good; however, City audit staff has experienced some performance issues with their audits of resort taxes, such as delays in responsiveness, not meeting the required number of completed audits, and return of audits after the City's review for lack of quality of work. Another applicant firm, while not having a previous contract with the city, has worked for the City through a previous firm for which the City has experienced similar performance issues in audits of resort taxes. Due to the low number of responses and prior performance issues with some of the applicant firms, the Administration believes that the City would benefit from having additional firms under contract for these audits. Accordingly, the Administration is recommending rejecting all proposals received and conducting an industry meeting with the intent of discussing any potential inadvertent barriers that may have prevented more firms from participating with the goal of attracting additional prospective vendors to submit proposal for audits services. Recommendation After considering the review and recommendation of City staff, the City Manager exercised his due diligence, carefully considered the specifics of this RFP process, and recommends to the Mayor and City Commission to reject all proposals received pursuant to RFP 188-2013TC and extend the current contracts with RGL Forensics, BCA Watson and Rice, and Marcum Rachlin {for internal audits only), pursuant to RFP 23-09/1 0, on a month-to-month basis until such time as a new contract is awarded. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: 1 N/A Total N/A Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: James Sutter, ext. 617 4 MIAMI BEACH 91 Account AGENDA ITEM C.;2.f5 DATE f'--//-J3 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 DATE: September 11, 2013 SUBJECT: REQUEST APPROVAL TO: 1) REJECT ALL PROPOSALS RECEIVED PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 188-2013TC FOR AUDITS OF RESORT TAXES AND OTHER INTERNAL AUDITS AS NEEDED; AND, 2) AUTHORIZE THE EXTENSION OF EXISTING CONTRACTS ON A MONTH-TO-MONTH BASIS UNTIL SUCH TIME AS A NEW CONTRACT IS AWARDED. ADMINISTRATION RECOMMENDATION Reject the RFP and extend the existing contract on a month-to-month basis until such time as a new contract is awarded. BACKGROUND The City of Miami Beach charges a resort tax of three percent on revenues generated by the sale of rooms and two percent on revenues from food and beverages earned within the City. Businesses are required to register with the City to collect and remit taxes. It is projected that $54.2 million in resort taxes will be collected in fiscal year 2012/13. Currently, the City has three field agents and professional service agreements with three contractors {RGL Forensics, BCA Watson and Rice, and Marcum Rachlin) which expire October 21, 2013. These agreements were awarded for one year with two one-year renewals after a RFP was authorized on February 3, 2010 by the Commission and the ranking of proposals was accepted by the Commission on May 12, 2010. In addition, the City Administration may determine a need to audit a particular area whereby the Internal Audit Division does not have the resources to audit at a particular time. In the past, the Administration has sought outside assistance from qualified firms to accomplish these assignments. The Administration is requesting to reject the results of the current RFP and to explore alternative courses of action for soliciting firms to perform these audits. Justifications for rejecting the RFP are as follows: • A total of four firms responded to the RFP. One firm responded for the audit of resort taxes, one firm response to the other Internal Audits as deemed necessary and the two remaining firms responded to both type of audits. The deadline for receipt of proposals was extended once to allow for more responses. The City would benefit from having additional firms under contract for these audits. Two of the firms responding to the RFP have existing or prior agreements with the City to conduct the same types of audits. City audit staff has experienced some type performance issues with these firms such as delays in responsiveness, not meeting the required number of completed audits, and return of audits after the City's review for lack of quality of work. For 92 Commission Memorandum -RFP Auditing Services September 11, 2013 Page 2 of 2 one of the firms providing these services, performance of internal audits was good however City audit staff has experience some performance issues with their audits of resort taxes such as delays in responsiveness, not meeting the required number of completed audits, and return of audits after the City's review for lack of quality of work. Another applicant, while not having a previous contract with the city, worked for a previous firm having a City contract and experienced similar performance issues in audits of resort taxes. The Administration is recommending conducting an industry meeting to draw in more prospective vendors to apply for the Request for audits. The possibility of utilizing a Request for Qualification (RFQ) rather than Request for Proposal (RFP) is being explored. RFP PROCESS Request for Proposals (RFP) 188-2013TC was issued on May 10, 2013, with an opening date of June 18, 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 19 and 53 prospective bidders respectively of which 12 and 3 accessed the advertised solicitation respectively. In addition, 6 vendors were notified via email, which resulted in the receipt of the following four (4) proposals: • Crowe Horwath, LLP • Kilgour & Associates, LLC • Marcum, LLP • RGL, Inc. d/b/a RGL Forensics 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 RFP process. As a result, the City Manager recommends to the Mayor and City Commission to reject all proposals received pursuant to RFP 188-2013TC and extend the current contracts with RGL Forensics, BCA Watson and Rice, and Marcum Rachlin, pursuant to RFP 23-09/10, on a month-to-month basis until such time as a new contract is awarded. CONCLUSION The Administration recommends that the Mayor and Commission reject all proposals received pursuant to Request for Proposals (RFP) No. 188-2013TC for Audits of Resort Taxes and other Internal Audis as Needed and authorize the extension of existing contracts with RGL Forensics, BCA Watson and Rice, and Marcum Rachlin, pursuant to RFP 23- 09/10in a month-to-month basis until such time as a new contract is awarded. JLM/ 8/JS/AD T:\AGE DA\2013\September 11\Procurement\RFP 188-2013TC-Resort Tax Audit Rejection-MEMO.docx 93 THIS PAGE INTENTIONALLY LEFT BLANK 94 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Jorge Exposito, Commissioner DATE: August 8, 2013 SUBJECT: Agenda Item Please place on the September 11, 2013 Commission meeting agenda a referral to the Finance Committee to discuss the enhancements to our Parking system to offer residents a better rate as it pertains to scooters and motorcycles. As well as setting up special spaces to encourage the use of scooters and motorcycles and further reduce traffic. If you have any questions, please contact Nattaly Cuervo at extension 6457. JE/nc We ore commi 1!cd lo providing excdlcn! pd)!iC 5iifv•ce o•d sole' 96 Agenda Item ___;C=--...!lf'-LIJ-=--- Date tf-11-13 THIS PAGE INTENTIONALLY LEFT BLANK 97 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gav COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: REFERRAL TO THE NEIGHBO 000/COMMUNITY AFFAIRS COMMITTEE- DISCUSSION REGARDING THE PERMANENT CLOSURE OF THE 400 BLOCK OF ESPANOLA WAY BETWEEN WASHINGTON AVENUE AND DREXEL AVENUE. BACKGROUND Currently, the 400 Block of Espanola Way (between Washington Avenue and Drexel Avenue) is closed from 6:00 PM to 5:00 AM every day and functions as a pedestrian mall with numerous sidewalk cafes, retail venues, and restaurants. When open to traffic, the 400 Block operates as a one-way street in the westbound direction only. In May 2012, City officials attended an Espanola Way merchants meeting with representatives of property owners and business owners. At the meeting, Espanola Way merchants requested the extension of the street closure duration from 11:00 AM to 6:00 AM in order to enhance the commercial viability of the corridor and improve pedestrian safety; thus, this one block of portion Espanola Way would be closed to traffic for nineteen hours each day. During this meeting, the City was informed that most deliveries occur from Drexel Avenue and Washington Avenue because trucks cannot operate safely on Espanola Way. Based on the input from the merchants, the City committed to conducting a traffic study in order to evaluate the impact of the full closure of the 400 block of Espanola Way on the community and the adjacent roadway network. In February 2013, City staff met with representatives and property owners of the 400 Block of Espanola Way to discuss the requirements for the street closure. During this meeting, the representatives and property owners were advised of the process to be followed pursuant to the County's Traffic Flow Modifications/Street Closure procedure. Essentially, the process consists of the following six (6) steps: 1. A traffic study must be conducted to identify the impacts (if any) of the street closure on the adjacent properties and roadway network. 2. Ballots must be completed by property owners affected by the proposed closure and concurrence must be obtained from two-thirds (2/3) of all respondents. 3. City review and approval, including Fire, Police and Public Works Departments. 4. A public meeting to inform property owners regarding the proposed closure. 5. A City Commission Resolution approving the street closure (Resolution may override 98 Agenda Item C ({ B Date 9'--11-13 ---------------------------------, Commission Memorandum RE: Permanent Closure of the 400 Block of Espanola Way between Washington Avenue and Drexel Avenue September 11, 2013 Page 2 of2 ballot results). 6. Approval from the Miami-Dade County Public Works and Waste Management Department ANALYSIS In May 2013, the City initiated the balloting process. Ballots were mailed to 53 properties within the area bounded by 14th Street on the south, 15th Street on the north, Washington Avenue on the east and Pennsylvania Avenue on the west. Over two-thirds (2/3) of the respondents voted in favor of the street closure, thus meeting one of the required criteria for closure. The City has engaged a traffic engineering firm to conduct the required traffic study. At this time, the traffic consultant is evaluating the data collected to identify any impacts and determine if the closure is feasible. In the coming weeks, staff will be meeting internally with the City's Fire and Police Departments to obtain input on the closure and present optional treatments for closure. Subsequently, the City will host a public meeting with property owners and tenants/residents of the 400 Block of Espanola Way to present its findings and recommendations regarding the closure. As stated above, as part of the closure process, Miami-Dade County Public Works and Waste Management Department, the entity with jurisdiction over traffic flow modifications and street closures throughout the County, must review and approve the traffic study, ballot results, and recommended method of closure if the closure is found to be feasible. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the matter to the Neighborhood/Community Affairs Committee for input and further direction. ~~RG'JFD T:\AGENDA\2013\September 11 \Espanola Way Permanent Closure MEMO 99 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: September 11, 2013 SUBJECT: REFERRAL TO THE LAND US AND DEVELOPMENT COMMITTEE - DISCUSSION REGARDING REVISIONS TO CITY CODE CHAPTER 54, VARIANCE REQUIREMENT FOR HISTORIC STRUCTURES ADMINISTRATION RECOMMENDATION The Administration recommends that the discussion item be referred to the Land Use and Development Committee. BACKGROUND In August 2012, the City of Miami Beach received a Community Assistance Visit ("CAV") from the Federal Emergency Management Agency's ("FEMA") National Flood Insurance Program ("NFIP"). These visits are routine, and occur approximately every five years. The purpose of the visit was to evaluate the effectiveness of floodplain management and other programs the City implements to reduce the impacts of flooding. On December 20, 2012, FEMA prepared a summary report of its findings from this visit and provided it in a letter of that date to Mayor Matti Herrera Bower. While most of the findings were in the nature of items that staff could respond to directly, the Jetter included recommended changes to Chapter 54, "Floods", of the City of Miami Beach's Code of Ordinances. Through subsequent communications with the agency, some additional proposed amendments were suggested, and minor revisions were recommended by staff and the City Attorney's Office. These revisions are the subject of a separate agenda item on the September 11, 2013 City Commission Agenda. In the process of preparing the Floodplain Ordinance Amendments for the City Commission, some conflicting language in the Ordinance has come to the attention of staff and FEMA that requires some policy direction from the City Commission. ANALYSIS The definition of "Substantial Improvement" in Miami Beach City Code Section 54-35, states in relevant part: "This term does not include any alteration on an existing historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure." Both FEMA and the City Attorney's Office have recommended the elimination of this language to avoid the impression that historic structures are exempt from FEMA's regulations, and specifically, the requirement that historic structures, like all others, must obtain variances from the Board of Adjustment sitting as the Floodplain Management Board. However, Section 54-57 (Historic Structures) of the Miami Beach City Code, has long been interpreted to require that 100 Agenda Item C.'IC Date 'I-I ff~ ---------------------------------------------------. Referral to LUDC, Discussion of Variance Procedures for Historic Structures September 11, 2013 Page 2 of2 Historic Structures obtain variances, and that is in fact how the process has operated in the City. The language in these two prov1s1ons appears to be in conflict, and advocates for historic properties believe historic structures should be exempt from variance requirements. As such, policy direction from the City Commission on the matter is required. CONCLUSION The Administration recommends that these issues be referred for discussion at a future Land Use and ,velopment Board Meeting. ~MVF/SS T:\AGENDA\2013\Sept11\LUDCREFERRALFiood Ordinance Amendment-Memo.docx 101 C9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov COMMISSON MEMORANDUM TO: Mayor Matti Herrera Bower and Me DATE: September 11, 2013 SUBJECT: REFERRAL TO NEIGHBORHOOD AND COMMUNITY AFFAIRS COMMITTEE FOR A DISCUSSION REGARDING WATE TAXI PROPOSAL ADMINISTRATION RECOMMENDATION Refer discussion to the Neighborhoods and Community Affairs Committee. BACKGROUND The City Administration was approved by Big Bus tours and Island Queen Cruises with the attached proposal for the establishment of permanent locations in the City of Miami Beach in order to provide water taxi service between Bayfront Park and Miami Beach. At this time, the Administration is seeking direction from the Neighborhoods and Community Affairs Committee before proceeding with further discussions and/or negotiations. CONCLUSION The Administration recommends referring discussion of a proposed water taxi service to the Neigh 1 ~ood~ and Community Affairs Committee. I SF 01 ~epte ber 11\comm referral water taxi ncac.docx 102 Agenda Item C lf D Date f-1/13 TEW. CARDENAS LLP ATTOR1\EYS AT LAW BOB DE LA FLENTE WRHER'S DIR£CT LINE: 305.536.8460 E-MAn.: bdf@;tewlaw.com VIA HAND DELIVERY Kathie G. Brooks, A.I.C.P. Assistant City Manager City of Miami Beach 1700 Convention Center Drive 41h Floor Miami Beach, FL 33139 June 13,2013 Re: Big Bus Water Taxi: Big Bus Tours & Island Queen Cruises Our File No.: 83955.002 Dear Kathie: FOUR SEASONS TOWER 15TH FLOOR 1441 BRICKELL AVENUE MlAMI,FLORIDA 33131-3407 T 305.536.1112 f 305.536.1116 WWW.TEWLAW.COM It was a pleasure seeing you the other day. Pursuant to our meeting, we are forwarding you the following information: (i) Map of proposed routes; (ii) Concession Agreement by and between Bayfront Park Management Trust and Conway Tours; (iii) Endorsement letter from Bayfront Park Management Trust Executive Director; (iv) Summary of proposal from Big Bus Tours to Bayfront Park Management Trust and the City of Miami; and (v) Ft. Lauderdale Water Taxi information. Please contact us with any questions you may have. We look fonvard to meeting with you again after you've had a chance to review these materials. Encl. Sinc~;;ly,/~ /~ ttJob de la F For the Fi cc: Julia M. Conway (via e-mail, w/out encl.) Mike Simpson (via e-mail, w/out encl.) Albert Ballido (via e-mail, w/out encl.) J.C. Planas, Esq. (via e-mail, w/out encl.) Mlk\11:577018 I 103 Map Ledger @ Purdy Avenue Marina This would require bridge opening every time. @ Lincoln Road This is the most ideal pick up spot © 1 Oth Street This is the 2nd most ideal pick up spot @ South Point This spot has a lot of rough water con-cerns due to boat traffic and their wakes. I i;>",; I Existing Route A c:=J Existing Route B [ • -·1 Proposed Route A c=J Proposed Route B GRAYLINE CONCESSION LICENSE AGREEMENT U;n c-e SS/CJ11,_ A6-~ ~ e h1e11-T This Concession License Agreement (the "Agreement"), made this t..JiL day of :::IZ1Ne.... , 2012, by and between the Bayfront Park Management Trust (the "Trust"), a limited agency and instrumentality of the City of Miami, a municipal corporation of the State of Florida, (the "City"), and Conway Tours a Florida limited liability company (the "Concessionaire"). · RECITALS: Whereas, the City Manager is authorized to enter into agreements to grant concession privileges to concessionaires for concession services in the City's parks; and Whereas, pursuant to Chapter 38, Article Ill of the City of Miami Code, the Trust has been empowered to direct, operate, manage and maintain all aspects of Bayfront Park ("Park"); and Whereas, the Trust's purpose is to ensure maximum community utilization of the Park; and \'1/hereas, pursuant to Chapter 38, Article Ill, the Trust's Executive Director is authorized to manage and operate the Park; and Whereas, the Trust recognizes that in order to attract more persons to the Park and maximize community utilization, it must enter into agreements with companies to provide services to the public for their increased enjoyment of the Park; and · Whereas, the Trust, in its efforts to maximize community utilization and enjoyment of the Park, has entered into previous concession agreements for services to be provided to the pubtic in the Park; and Whereas, the Trust desires to have tour bus and transportation services ("the Concession") service the Park, which in-turn will attract more City residents and tourists to the Park while improving their access to and enjoyment of the park; and Whereas, the Trust issued a Request for Proposals--No. 263248 --(the "RFP'') for Concessions/Food/Merchandise Plan and Operations for Bayfront Park, requesting proposals from companies to establish a contract, for Concessions/Food/Merchandise Plan(s) and Operation(s) for City of Miami's Bayfront Park who will provide a guaranteed income to the Trust as a result of the Concession; and 105 Whereas, the Concessionaire's proposal (the "Proposal") has been selected as among the top-ranked proposals to provide the Concessions/Food/Merchandise Plan and Operations for Bayfront Park, and was selected as among the most qualified firm with whom to negotiate a contract; and Whereas, the Trust, at its June 21, 2011, board meeting, accepted the recommendation of the Evaluation committee to authorize the Executive Director to enter into negotiations with the three respondents to the RFP for an agreement; and Whereas, the Concessionaire is willing and able to manage and operate such Concession in the Park based upon the terms and conditions contained herein; and Whereas, the Trust unanimously passed a motion on December 22, 2011, authorizing the Executive Director to execute a concession license agreement, under the terms and conditions set forth herein; and Whereas, the City Commission, by Resolution No. 12-0072, adopted on March 8, 2012, authorized the Executive Director to enter into a concession license agreement, under the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereafter set forth, the receipt and sufficiency of which are hereby acknowledged, to be kept and performed by the parties, it is agreed between the Trust and the Concessionaire as follows: ARTICLE I DEFINITIONS For the purpose of this Agreement, the terms defined in this Article shall have the meanings set forth below. "Additional Fees" shall mean all other charges and payments payable by the Concessionaire to the Trust in addition to the Concession Fee, percentage of tickets sold at concession venue , Returned Check Fee and, but shall not include the Security. "Additional Term" shall have the meaning set forth in Section 2.3 hereof. "Agreement" shall have the meaning set forth in the preamble. "Area" shall mean all portions of the Park, including, but not limited to, the Concession Area, that are used by the Concessionaire for its operations pursuant to this Agreement. "Army Corps" shall mean the United States of America, U.S. Army Corps of Engineers. BPMT/ Big Bus Tours 2012 Concession License Agreement 106 "City" shall have the meaning set forth in the preamble. "City Commission" shall mean the City of Miami Commission. "Commencement Date" means the date that the Concession shall be open for business and is further defined in Article Ill entitled "Term." "Complimentary Tickets" shall mean those tickets not transferring or exchanging the absolute or general ownership of property from one person or corporate body to another for a price, as a sum of money or any other consideration and does not involve a transfer of title or possession, or both, exchange, barter, license, lease or rental, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration. "Concession" shall mean the provision of tour bus and transportation services as outlined in attached plan. "Concession Area" shall mean the area within the Park that is designated for the operation of the Concession on Attachment B, attached hereto and made a part of the Agreement. "Concession Agreement Year" shall mean a consecutive twelve (12) month period during the Term and each Additional Term, if exercised, commencing on the Commencement Date. "Concession Fee" shall mean the all payments made to the Trust for the right to operate the concession in the Park and is further determined in section 4.1 (a) hereof. "Concession Manager" shall mean the Concessionaire's manager or assistant manager on duty. "Concessionaire" shall have the meaning set forth in the preamble. "Concessionaire Administrator" shall mean the person(s) authorized by the Concessionaire to act fully on behalf of the Concessionaire in managing the Concession as required by this Agreement. "Deposit" shall have the meaning set forth in Section 7.1 hereof. "Event Days" shall mean the days or nights in which there are events and activities that occur in the Park. "Executive Director" shall be the Trust's Executive Director who is authorized to administer the Agreement and coordinate the activities of the Concessionaire at the Park. BPMT/ Big Bus Tours 2012 Concession License Agreement 107 "Gross Revenues" shall mean the aggregate amount of all revenues including taxes, prior to payment of commissions, derived from all ticket sales collected at venue, arising or accruing by virtue of managing and operating the Concession, whether such revenues shall be credit or cash or otherwise, and shall include any finance charges or similar payments received by the Concessionaire as a result of the Concession. "Hazardous Materials" shall have the meaning set forth Section 1 0.1 hereof. "Hazardous Materials Laws" shall have the meaning set forth in Section 10.1 hereof. "Hazardous Conditions" shall mean the conditions that occurred as a result of noncompliance with the Hazardous Materials Laws. "Improvements" shall mean any building, structure, construction, demolition, excavation, landscaping, or any part thereof existing, built, erected, placed, made, or done within the Park for its permanent benefit. "lndemnitees" shall mean the City, the Trust and the Army Corps, and their officials, employees, agents qnd volunteers, collectively. "Liabilities" shall have the meaning set forth in Sections 12 and 13 hereof. "Modifications" shall mean nonpermanent, removable alterations, major repairs, modifications, additions, partitions or changes, including trade fixtures placed in the Park by Concessionaire for the Concession pursuant to this Agreement. "Operating Hours" shall mean the hours in which the Concession shall be open and available for operations as further defined in the Management and Operations Plan. "Operations Plan" shall mean the Management and Operations Plan for the Concession, which is attached hereto as Attachment C and which is made a part of this Agreement, as amended from time to time with the prior written approval of the Executive Director. "Park" shall have the meaning set forth in the preamble. "Proposal" shall have the meaning set forth in the preamble. "Returned Check Fee" shall have the meaning set forth in Section 4.6 hereof. "RFP" shall have the meaning set forth in the preamble. "Sale," "Sell" or "Sold" shall mean the act of transferring the absolute or general ownership of property from one person or corporate body to another for a price, as a BPMT/ Big Bus Tours 2012 Concession License Agreement 108 sum of money or any other consideration, as distinguishable from a gift, and includes any transfer of title or possession, or both, exchange, barter, license, lease or rental, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration. "Security" shall mean the financial security for the payment and performance by the Concessionaire of all of the Concessionaire's obligations, covenants and conditions pursuant to this Agreement. "Solicitation Documents" shall mean the RFP and the Proposal, which are by this reference incorporated into and made a part of this Agreement, as Attachment A. "Sponsor" shall be any person or corporate entity which purchases name placement, logo placement, advertising, and other forms of sponsorship, from Concessionaire, or its agents or subcontractors, as a result of or in connection with the Concession. "Subcontractor" or "Agent" shall mean any individual, partnership or corporation who is contractually bound to the Concessionaire to perform a specific portion of the total work package under this Agreement. 'Tax" shall mean any and all taxes, fees, costs, assessments or fines assessed by a municipal, county, state or federal agency that is assessed against the Concession, its operations, personal property of any kind, owned by or placed in, upon or about the Concession Area by the Concessionaire, or arising as a result of the Trust entering into this Agreement, whether assessed against the Concessionaire, the City or the Trust. "Term" shall have the meaning set forth in Section 2.1 hereof. "Termination Date" shall mean the day on which this Agreement expires or such earlier date as may be specified in accordance with the provisions of this Agreement. "Trust" shall have the meaning set forth in the preamble. "Trust Fee" shall mean the aggregate of the Concession Fee that the Concessionaire shall pay to the Trust, as applicable. "Trust's Tickets" shall mean the number of Complimentary Tickets that the Concessionaire shall give to the Trust annually. "Unavoidable Delay" means damage or destruction by fire or other casualty, whether similar or dissimilar, acts of federal, state, county and/or city governments, including acts pertaining to strikes, embargoes, shortages of material or labor, labor troubles or labor disputes, force majeure, unusually adverse weather conditions, or other like or unlike events or conditions beyond the control of the parties hereto, BPMT/ Big Bus Tours 2012 Concession License Agreement 109 including any court actions, and injunctions by third parties, which results in impossibility of performance. ARTICLE II TERM 2.1 TERM. The term of this Agreement shall be for a period of five (5) years from the Commencement Date (the "Term"), unless earlier terminated or extended as provided herein. 2.2 COMMENCEMENT DATE. Within one hundred eighty (180) days after the City Commission and Trust approval of the terms and conditions of the Agreement, Concessionaire shall obtain all of the licenses and permits necessary for the operation of the Concession. Concessionaire shall send written notice to the Executive Director of the date that the Concession shall open for business. The Executive Director shall be able to extend the one hundred eighty (180) day period for an additional one-hundred twenty (120) days with Trust approval. 2.3 OPTION. This Agreement may be extended for two (2) additional five-year periods upon the same terms and conditions contained herein (each "Additional Term"). In order to exercise this extension, the Concessionaire must deliver written notice of its intent to the Trust six (6) months in advance of expiration of the Term or Additional Term, but no earlier than nine (9) months prior to the expiration of the Term or Additional Term. Upon receipt of such notice, the Trust may conduct an audit of the Concessionaire's compliance with the provisions of this Agreement. If the Trust determines that the Concessionaire is in compliance with all of the provisions of this Agreement, then the Agreement may be extended for an Additional Term. Should a compliance audit reveal a default in performance, such as underpayment of any amounts due from the Concessionaire, such default shall not be a basis to deny an extension of this Agreement, provided that any such default is cured within thirty (30) days of notice from the Trust. Regardless of the provisions above, habitual non- compliance with this Agreement by the Concessionaire shall be grounds for denial of an Additional Term by the Trust. ARTICLE Ill CONCESSION 3.1 DESCRIPTION OF CONCESSION. The Concessionaire shall provide the services further described herein, subject to the exceptions and conditions hereinafter set forth, for purposes of providing the Concession in the Park within the terms and conditions of the Management and Operations Plan, attached hereto as Attachment C and is incorporated and made a part of this Agreement. The Trust and the City reserve the right to enter the Concession Area or any portion of the Park. Any such entry shall be performed in a reasonable manner and to minimize any disruption to the Concessionaire's operation. BPMT/ Big Bus Tours 2012 Concession License Agreement 110 The Concessionaire shall not use the Concession Area or any other portion of the Park for any purpose other than herein specifically designated without prior written consent of the Trust. 3.2 NATURE OF CONCESSION. This Agreement solely authorizes the Concessionaire to provide services as set forth herein for the purposes set forth herein and for no other purpose. The parties hereby agree that the provisions of this Agreement do not constitute a lease. The rights of the Concessionaire hereunder are not those of a tenant, but are a privilege to do certain acts of a limited character within the Park and to use the Park subject to the terms of this Agreement. The City, the Trust and the Army Corps retain dominion, possession and control of the Park. Therefore, no lease interest, or any other interest in property in the Park, is conferred upon the Concessionaire under the provisions hereof. The Concessionaire does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the Park by virtue of this Agreement or its use of Concession Area, or any other portion of the Park, hereunder. Additionally, the Concessionaire does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the Concession Area by virtue of any expenditure of funds by the Concessionaire for any Modifications, which may be authorized by the City or the Trust. The Concessionaire may place Modifications in the park for the management and operation of the Concession, with prior Trust approval. Such modifications may include, but are not limited to, a removable non-permanent structure(s) for ticket sales and information. The parties agree that Concessionaire's equipment that may be placed or installed in the Concession Area are not Improvements, but are equipment which shall be removed in accordance with the restoration of the Park provisions contained in Section 19.4 hereof The Concessionaire and its employees shall comply with all Trust rules and regulations governing access to and conduct in the Park. 3.3 CONCESSION AREA. The Concessionaire hereby accepts the Concession Area "as is" and "where is," and any other portion of the Park that may be utilized pursuant to this Agreement, except that Section 8.1 shall apply hereto. The Concessionaire shall not remove any of the City's or the Trust's Improvements, fixtures or personal property from the Park without the prior written consent of the Executive Director. The Concessionaire shall, at its sole cost and expense, be responsible for the operation, cleaning, preventative maintenance and reasonable care and repair of all the Improvements, fixtures and personal property that It uses for the Concession. The Concessionaire shall replace or repair, at its sole cost and expense, any of those items provided by the Trust, or the City, that are lost, damaged or destroyed due to the acts, omissions or negligence of the Concessionaire or its Agents or employees. 3.4 CONCESSION AREA DESIGN. The Concessionaire recognizes the importance of a consistent design to all elements in the Park, and therefore agrees to ensure that BPMT/ Big Bus Tours 2012 Concession License Agreement 111 the design elements at the Concession are consistent with the other components of the Park, subject to written approval by the Trust's executive director or designee. 3.5 INSTALLATION OF MODIFICATIONS: The Concessionaire shall furnish and install, at its own expense, the equipment and personal property necessary to manage and operate the Concession. Within sixty (60) days of execution of this Agreement, the Concessionaire shall provide the Executive Director with its plans for the Modifications for the Concession. Within ninety (90) days of execution of this Agreement, the Concessionaire shall have a plan for the Modifications, approved by the Executive Director. During this ninety-day period, the Executive Director shall have seven (7) calendar days to approve modifications or request modifications to Concessionaire's plans for the Modifications. If the Executive Director requests modifications, the Concessionaire has thirty (30) days thereafter to submit revised plans. Within one hundred twenty (120) days after the Executive Director sends notice of the approval of the Modifications, the Concessionaire shall begin and continuously pursue to install Modifications in the Concession Area. The Executive Director shall grant further extensions for good reason, which shall not exceed an aggregate of one hundred eighty (180) additional days from the Concessionaire's initial submission of its plans to the Executive Director. 3.6 CONCESSIONAIRE RESPONSIBILITIES. The Concessionaire covenants and agrees that the Concessionaire shall, at its sole cost and expense, operate, manage and maintain the Concession and provide the Concession required under this Agreement and specifically agrees as follows: A. The Concessionaire shall, at its sole cost and expense purchase, lease or finance all equipment and supplies and materials necessary for the operation of the Concession. B. The Concessionaire shall, at its sole cost and expense, provide telephone service for its own use, and/or any other utility needed. C. The Concessionaire shall be responsible for security of the Concession Area. The Concessionaire shall insure that all appropriate equipment has been turned off and appropriate doors locked at the close of operation within the Concession Area each day. The lights in the Concession Area may remain lit to provide illumination for the Concessionaire's signs and for security purposes but the Concessionaire shall turn off all other lights that are not needed after hours for these purposes. D. The Concessionaire shall provide the Executive Director with the contact names and contact numbers of the Concessionaire Administrator that will be available at any time to call in the case of emergencies. These individuals must be available by phone twenty-four (24) hours a day, seven (7) days a week. Initially the Concessionaire Administrators will be Julia M. Conway, CEO and Jon Bono, Operations Manager. BPMT/ Big Bus Tours 2012 Concession License Agreement 112 E. The Concessionaire shall train all employees to respond to emergencies. F. The Concessionaire shall include the organization chart listing the employee titles in its Operations Plan. G. The Concessionaire shall assume all costs of the Concession including, but not limited to, security, staffing and maintenance of the Concession Area. H. The Concessionaire shall be responsible for the provision, installation, repair and preventive maintenance of all equipment necessary to operate the Concession and keep the Concession Area in good repair. I. The Concessionaire shall be responsible for making Modifications required for the safe operations of the Concession. 3.7 OPERATION OF CONCESSION. Starting on the Commencement Date, the Concessionaire shall begin operating the Concession, within the Concession Area, in accordance with the Operations Plan. The Concessionaire shall operate the Concession seven days a week subject to the terms and conditions of this agreement. Nothing contained herein shall cause the operation of the service in unsafe weather conditions. Further, the Executive Director may request temporary amendment to the Concession's hours of operation for Event Days, during a state of emergency, or for other governmental purposes, and the Concessionaire agrees to accommodate such requests. In the event that access to the Concession Area is restricted by the Trust or City for non-emergency governmental purposes, and which requires closure of the Concession, the Concessionaire shall be entitled to a pro-rated abatement of any Concession fee which may be due to the Trust pursuant to the terms of this Agreement For purposes of this Agreement, "closure" shall be defined as a period of four consecutive hours or more during one 24 hour period, and shall result in an abatement of one day payment of the Concession Fee. A. Event Days: The Concessionaire recognizes that events are regularly scheduled in the Park and may be required to close for the duration of the event. B. State of Emergency/Hurricanes: The Concessionaire recognizes that emergencies, both weather related and non-weather related may arise, which would limit access to the Concession Area. 3.8 QUALITY AND PRICE CONTROL. The Concessionaire shall operate the Concession in the Park in a first class manner. The Concessionaire shall send the Trust's Executive Director its list of prices. The Concessionaire's retail prices shall be plainly displayed in the Concession Area. BPMT/ Big Bus Tours 2012 Concession License Agreement 113 3.9 SANITATION The Concessionaire shall, at its sole cost and expense, maintain and keep fixtures, equipment, personal property, whether owned by the Concessionaire or third parties, the Concession Area and any other Area(s) that may be designated by the Trust for Concessionaire's use, in a clean and sanitary condition satisfactory to the Trust The Concessionaire shall manage and operate the Concession in strict compliance with all applicable federal, state and local laws and regulations governing this type of operation. In the event of an inspection the Concessionaire shall obtain and maintain a satisfactory rating on all government inspections. The Concessionaire shall provide copies of each inspection report to the Executive Director within two (2) business days of receipt of the same by the Concessionaire. The Concessionaire shall make separate arrangements, at its sole expense, for the disposal of the trash and garbage from the Concession. The Concessionaire shall, at its sole cost and expense, provide a sufficient number of trash and garbage receptacles within the Concession Area and other Areas designated for its use and for use by invitees. The Concessionaire shall, at its sole cost and expense, be responsible for the disposal of such receptacles and the removal of trash and garbage from the Concession Area utilizing acceptable environmental techniques and canisters. The Concessionaire's employees handling Hazardous Waste must be trained in the handling of Hazardous Waste. Concessionaire shall not dispose of any Hazardous Waste in the Park. 3.12 UTILITIES. The Concessionaire shall be solely responsible for the cost and expense, to furnish air conditioning, heat, hot and cold water, lights, electric current, sewage, gas, and utilities and shall have installed metering devises which measures the Concession's usage of utilities. The Concessionaire must abide by the rules, regulations, schedules and practices that may be set forth by the Trust, in its reasonable discretion. When necessary to protect the health, safety and welfare of the Park and the public, including, but not limited to, reason of accident, emergency or for any other cause beyond the reasonable control of the Trust, the Trust reserves the right to interrupt, curtail or suspend the provision of any utility service, including but not limited to, heating, ventilating and air conditioning systems and equipment serving the Concession Area, to which the Concessionaire may be entitled hereunder. The Trust shall in no respect be liable for any failure of the utility companies or governmental authorities to supply utility service to the Concessionaire nor for any limitation of supply resulting from governmental orders or directives. No diminution or abatement of the Concession Fee or other charges, nor damages, shall be claimed by the Concessionaire by reason of the Trust, or other person or entity's interruption, curtailment or suspension of a utility service, nor shall this Agreement or any of the Concessionaire's obligations hereunder be affected or reduced thereby. Provided, however, that should there be a disruption of utility services which is out of the Concessionaires control and results in closure of the Concession for more than forty eight (48) hours, then such occurrence shall be treated as an Unavoidable Delay. In the BPMT/ Big Bus Tours 2012 Concession License Agreement 114 event that the Trust interrupts, curtails or suspends the provision of any utility service serving the Concession Area, the Trust will take reasonable efforts to restore such service within a reasonable time and manner. The Concessionaire shall make all reasonable efforts to mitigate its damages. 3.13 PARKING. The Trust will not provide parking spaces for the Concessionaire within the Park. 3.14 TRUST ACCESS TO FACILITY. The Trust, the City and the Army Corps, and their authorized representative(s), shall have access at all times to the Concession Area or any other Area in the Park that may be used by the Concessionaire. The Concessionaire shall immediately provide keys to the Trust for any new equipment or key changes. Changes to the locks must be reported to the Executive Director. The Concessionaire shall immediately provide any new keys to the Executive Director. Trust access may include, but is not limited to, entering into the Concession Area for repairs, alterations or Improvements which, in the judgment of Trust, may be desirable or necessary to be made to the Park. The work of such repairs, alterations or Improvements shall be completed by the Trust or its agents with reasonable diligence. The Trust shall make its best efforts not to interfere with the operation of the Concession. 3.15 PERMITS AND LICENSES. The Concessionaire, at its sole cost, shall obtain any and all permits and licenses required for the Concession's operations. The Concessionaire represents and warrants to the Trust as of the Commencement Date that: (i) it possesses all qualifications, licenses and expertise required under the Agreement for the performance of, management of and operation of the Concession; (ii) it is not delinquent in the payment of any sums due to the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City; (iii) all personnel assigned to perform the Concession are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; and (iv) the Concession will be performed in the manner described in the Operations Plan. 3.16 PERFORMANCE REVIEW MEETINGS. The Concessionaire Administrator and the Executive Director, or designee, will schedule meetings every ninety (90) days after the Commencement Date, to review all aspects of the Concessionaire's performance under this Agreement. The Concessionaire shall present to the Executive Director operational issues, existing programs, ideas for new programs, any operational improvements, the visitor count and ideas for coordinating the Events. 3.17 PROMOTIONAL MATERIAL. All of the Concessionaire's marketing material shall include either "Bayfront Park" or "Bayfront Park Management Trust" and its address, 301 N. Biscayne Blvd. Miami, Florida 33132, in a manner that can be reasonably seen on the material. BPMT/ Big Bus Tours 2012 Concession License Agreement 115 ARTICLE IV CONSIDERATION AND PAYMENTS 4.1 TRUST FEE. The Concessionaire agrees to pay the Trust an aggregate Trust Fee, in the manner and upon the conditions hereinafter provided: (a) a Concession Fee during each Concession Agreement Year, including any extension hereof, in an amount equal to $36,000 annually (the "Concession Fee"), which shall be paid in equal monthly payments of $3,000. In subsequent years, the Concession Fee shall increase in accordance with increases with the Consumer Price Index (CPI) or by 3%, whichever amount is greater. The CPI shall be determined by the last 12 month unadjusted percentage change in the Consumer Price Index calculated by the Bureau of Labor Statistics of the U.S. Department of Labor for the South Florida region. Concession Fee is subject to State of Florida Sales Tax, currently at 7%. (b) 5% of Ticket revenue originating in Park {c) Returned Check Fee; and (d) all Additional Fees 4.2 PAYMENTS OF THE TRUST FEE. Payment of the Trust Fee shall be as follows: Trust Fee When Start When Payment Due Concession Upon 1 Unless provided herein, all Fees shall Fee Commencement be paid within the first seven days Date following the end of the calendar month during which such payment accrued. I 5% of Ticket Commences ten ( 1 0) Unless provided herein, all Fees shall . · revenue, as months after date of be paid within the first seven days defined in execution. following the end of the calendar Gross Revenue month during which such payment accrued. Additional Fees Date of execution Unless provided herein, all Additional Fees shall be paid within the first seven days following the end of the calendar month during which such payment accrued. Within seven (7) business days after the end of each calendar month, the Concessionaire shall deliver to the Trust a written report of its ticket sales for the Concession for the preceding calendar month. The report shall be signed by the Concessionaire Administrator certifying the accuracy of such ticket sales, and shall also BPMT/ Big Bus Tours 2012 Concession License Agreement 116 be accompanied by statements signed and certified by the Concession's Administrator. Said statements must include daily sales by category. 4.3 INTEREST ON LATE PAYMENTS. Any payment made by the Concessionaire for any fees or charges as required to be paid under the provisions of this Agreement, which is not received by the Trust within ten (1 0) business days after same shall become due, shall be subject to interest at the prime interest rate which shall be imposed starting on the thirty-first day after such payment is due until such time as the payment is actually received by the Trust. 4.4 OVERPAYMENT AND UNDERPAYMENT. In the event that the Concessionaire can demonstrate, by generally accepted accounting principles, that it has made an overpayment in the Trust Fee, the Trust shall refund such overpayment to the Concessionaire. If the Concessionaire has made an underpayment in the Trust Fee, then said underpayment shall be paid to the Trust. Overpayments and underpayments shall be paid within thirty (30) days after the overpayment or underpayment, as the case may be, has been determined. 4.5 TRUST'S TICKETS. Within thirty (30) days of commencement of each Concession Agreement Year, the Concessionaire shall provide the Trust with one hundred (100) Complimentary Tickets to the Concession per year. 4.6 RETURNED CHECK FEE. In the event that any Trust Fee is returned as uncollectible, the Concessionaire shall pay to the Trust a returned check fee equal to that charged by the bank; currently in the amount of thirty five dollars ($35). The "Returned Check Fee" is due upon notice of the Trust's receipt of the unpaid item. 4.7 FORMS OF PAYMENT. Payments shall be made to the Bayfront Park Management Trust, 301 N. Biscayne Blvd., Miami, Florida 33132, on the date that payments are due. Payments shall be in the form of company checks, cashiers check, money order, or wire transfers. Payments shall not be tendered in the form of cash. ARTICLE V PERSONNEL 5.1 PERSONNEL The Concessionaire shall, at its own expense, provide adequate staff for the provision of the Concession, trained in the management and operation of the Concession. The Concessionaire's staff shall provide courteous, efficient and sanitary service to the invitees. The Concessionaire agrees to furnish its personnel with identification required for entrance to or exit from the Concession Area during normal work hours. 5.2 CONCESSIONAIRE ADMINISTRATOR AND MANAGER($). The Concessionaire Administrator shall be responsible for daily oversight of the Concession as specified in this Agreement. The Concessionaire may also have a Concessionaire BPMT/ Big Bus Tours 2012 Concession License Agreement 117 Manager(s) who shall be on-site during all hours that the Concession is open. The Concessionaire's Manager(s) must have experience in a similar operation with comparable responsibilities. 5.3 PERSONNEL TRAINING. The Concessionaire shall have adequately trained personnel to maintain a high quality Concession. The Concessionaire shall ensure that critical positions (those that are necessary to open and operate the Concession Area) will have adequate back-up employees on-call to cover for absenteeism. The Concessionaire shall require employees to comply with all instructions, rules and regulations of the Trust regarding the Park operations. 5.4 LABOR RELATIONS. The Concessionaire shall be responsible for its own labor relations with any trade or union representative among its employees and shall negotiate and be responsible for adjusting all of the disputes between itself and its employees or any union representing such employees. Whenever the Concessionaire has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Concession, the Concessionaire shall immediately contact the Executive Director by phone and provide written notice of the dispute. ARTICLE VI NONDISCRIMINATION 6.1 NONDISCRIMINATION. The Concessionaire agrees that there will be no discrimination against any person based upon race, religion, color, sex, ancestry, age, national origin, or mental or physical handicap, while providing the Concession or within the Concession Area. An allegation of discrimination shall not be deemed a violation of this provision until there is a final determination by a court of competent jurisdiction that discrimination has occurred. If such determination is made by a court, and all appellate review has been exhausted, then the Concessionaire shall take reasonable actions to eliminate the conditions which were determined to be the cause of the discriminatory act(s). 7.1 SECURITY. ARTICLE VII DEPOSIT Security shall consist of a Security Deposit. 7.2 DEPOSIT. The Concessionaire shall deposit with the Trust the sum of $9,000 equal to three (3) months concession Fee as a security deposit (the "Deposit"). At least one-half (1/2) of the Deposit, or an amount not less than $4,500, shall be paid within five BPMT/ Big Bus Tours 2012 Concession License Agreement 118 (5) days after the Agreement is approved by the City Commission, with the remaining balance payable no later than five (5) days prior to Concessionaire's placement of any equipment, Modifications, or any personal property on the Park, necessary to manage and operate the Concession. The Deposit shall not be deemed liquidated damages but shall be used for damages to the Park and for restoration of the Concession Area in accordance with Section 19.4 hereof and non-monetary defaults not directly associated with the nonpayment of the Trust Fee. The Deposit shall be held in an interest bearing account in a financial institution as determined by the Trust. All interest accruing on the Deposit shall be for the benefit of the Concessionaire and made payable to Concessionaire on a yearly basis. In the event that there are damages to the Park as a result of the Concession, the Executive Director shall send written notice to the Concessionaire to repair such damages. Concessionaire shall commence and continuously prosecute the repair of such damages within thirty (30) days of the Executive Director's notice. If Concessionaire fails to commence such repairs within such time, the Executive Director shall apply the Deposit towards the payment of such repairs. Concessionaire shall be liable for the cost of such repairs and application of Deposit to reduce damages to the Park shall not preclude the Trust from recovering from Concessionaire all additional damages incurred by the Trust to the extent permitted under this Agreement. 7.3 REPLINISHMENT OF SECURITY. The Trust shall have the right to apply all or any portion of the Security to cure a default in accordance with Sections7.2 and 7 .3. In the event that the Trust applies the Security, or a portion thereof to cure a default, the Concessionaire shall promptly, within five (5) business days, deposit with the repository of the funds for the Security 1 , the amount necessary to restore the Security to its original amount. Failure to replenish the Security within five (5) business days shall result in termination of this Agreement by the Trust. Application of the Security to reduce the Trust's damages shall not preclude the Trust from recovering from the Concessionaire all additional damages incurred by the Trust. 7.4 RETURN OF SECURITY. If the Concessionaire fully and faithfully complies with all of the terms, provisions and conditions of the Agreement, the Security shall be returned to the Concessionaire after both: (i) the expiration of the Term, as may be extended pursuant to the provisions of this Agreement, and (ii) the Concessionaire's delivery to the Trust of the entire Concession Area in the same condition or better than existed on the Commencement Date, except for ordinary wear and tear and the restoration of the park as provided in Section 19.4 hereof. The Trust shall have fifteen (15) days from the time the Concessionaire vacates the Concession Area to notify the Concessionaire, in writing, of any damages to the property. The Concessionaire shall have thirty (30) days from receipt of notice to cure the damage. If Concessionaire does not cure the damage, then the Trust shall be entitled to apply funds from the Security towards the cost of such repairs, and the balance of the security shall be returned to Concessionaire. BPMT/ Big Bus Tours 2012 Concession License Agreement 119 ARTICLE VIII HAZARDOUS MATERIALS 8.1 ENVIRONMENTAL WARRANTY. The Concessionaire shall, at its sole cost and expense, at all times and in all respects comply with all federal, state and local laws, statutes, ordinances and regulations, rules, rulings, policies, orders and administrative actions and orders ("Hazardous Materials Laws"), including, without limitation, any Hazardous Materials Laws relating to industrial hygiene, environmental protection or the use, storage, disposal or transportation of any flammable explosives, toxic substances or other hazardous, contaminated or polluting materials, substances or wastes, including, without limitation, any hazardous substances, hazardous wastes, hazardous materials or toxic substances, under any such laws, ordinances or regulations (collectively "Hazardous Materials"). The Concessionaire shall, at its sole cost and expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to the presence of Hazardous Materials within, on, under or about the Park required for the Concessionaire's use of any Hazardous Materials in or about the Park in conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding management of such Hazardous Materials. The Trust recognizes and agrees that the Concessionaire may use materials in normal quantities that are applicable to the Concession for the purposes stated herein and that such use by the Concessionaire shall not be deemed a violation of this Article, so long as the levels are not in violation of any Hazardous Materials Laws. The Trust acknowledges that it is not the intent of Article X to prohibit the Concessionaire from operating in the Park for the use described in this Agreement. The Concessionaire may operate according to the custom of the industry so long as the use or presence of Hazardous Materials is strictly and properly monitored according to all applicable governmental requirements. The Concessionaire shall not be liable for Hazardous Conditions that existed in the Park prior to the execution of the Agreement. 8.2 DISCLOSURE, WARNING AND NOTICE OBLIGATIONS. The Concessionaire shall comply with all laws, ordinances and regulations regarding the disclosure of the presence or danger of Hazardous Materials. The Concessionaire acknowledges and agrees that all reporting and warning obligations required under the Hazardous Materials Laws are the sole responsibility of the Concessionaire, whether or not such Hazardous Materials Laws permit or require the Trust to provide such reporting or warning, and the Concessionaire shall be solely responsible for complying with Hazardous Materials Laws regarding the disclosure of, the presence or danger of Hazardous Materials. The Concessionaire shall immediately notify the Trust, in writing, of any complaints, notices, warning, reports or asserted violations of which the Concessionaire becomes aware relating to Hazardous Materials on or about the Park. The Concessionaire shall also immediately notify the Trust if the Concessionaire knows or has reason to believe a complaint, notice, warning, report or violation will be released on or about the Park. BPMT/ Big Bus Tours 2012 Concession License Agreement 120 ···------------, 8.3 SURVIVAL OF THE CONCESSIONAIRE'S OBLIGATION. The respective rights and obligations of the Trust and the Concessionaire under ArticleVIII entitled "Hazardous Materials" shall survive the expiration or earlier termination of this Agreement and shall remain in effect until the applicable statute of limitations has lapsed. ARTICLE IX SPECIAL ASSESSMENTS OR TAXES CONCESSIONAIRE TO PAY. During the term hereof, Concessionaire covenants and agrees to pay before delinquency all Taxes assessed as a result of or in connection with the Concession. In the event Concessionaire appeals a Tax, Concessionaire shall immediately notify Trust of its intention to appeal said Tax and shall furnish and keep in effect a surety bond of a responsible and substantial surety company acceptable to the Trust or other Security satisfactory to the Trust in an amount sufficient to pay one hundred percent of the contested Tax with all interest on it and costs and expenses, including attorneys' fees, to be incurred in connection with the appeal and amount of tax owed. As provided in Article XII, Concessionaire agrees to indemnify, defend and hold harmless the City, the Trust and the Army Corps against a Tax that is assessed against them as a result of or in connection with the Concession or Concessionaire. ARTICLE X INSPECTION OF BOOKS AND RECORDS 10.1 BOOKS AND RECORDS. During the term of this Agreement and any extension thereto, the Concessionaire shall maintain and keep, or cause to be maintained and kept at the Concession Area, or such other location in Miami-Dade County approved in writing by the Executive Director, the complete and accurate books, records and accounting of the Gross Revenues, as defined herein, and any other supporting documentation for such determination. The Trust, or its duly authorized agents or representatives, during the hours of 9:00AM to 5:00 PM, Monday through Friday, with five (5) days prior written notice, shall have the right to examine and inspect such books and records, which shall exclude specifically any financial data and corporate records not related to the Concession, but shall include copies of existing agreements in that regard. The Concessionaire shall keep and preserve, or cause to be kept and preserved, said records for not less than three (3) years after the payment of the Concession Fee due under the terms hereof. All books records and accounts including sales slips, cash register tapes, bank statements or duplicate deposit slips, mail orders, telephone orders, settlement report sheet of transactions with subcontractors, Concessionaire's sales tax returns applicable to Gross Revenues and all other supporting records, shall be available for inspection BPMT/ Big Bus Tours 2012 Concession License Agreement 121 ... ····-·-----------------------, and audit by the Trust, or its duly authorized agents or representatives, during the hours of 9:00AM to 5:00PM, Monday through Friday, and shall be maintained in accordance with generally accepted accounting procedures. Concessionaire must provide point of sale machines or such other cash registers or accounting control equipment deemed reasonably necessary and consented to by the Trust's Executive Director, for proper control of cash and payments whether such transaction is a cash or credit transaction. For the same period of time, Concessionaire shall also retain copies of all sales tax returns covering its management and operation of the Concession, and any other governmental tax or other returns which show Concessionaire's sales therein, and shall, upon demand, deliver photographic copies thereof to the Trust. The Concessionaire will cooperate with the Trust's internal auditors (or such other auditors designated by Trust) in order to facilitate the Trust's examination of records and accounts. 10.2 AUDITS. The Trust may inspect the books and records of the Concessionaire relating to the performance of this agreement, and shall be permitted to conduct an audit pursuant to Section 18-102 of the City of Miami Code of Ordinances. With each audit, the Concessionaire shall pay to the Trust any unpaid balance of the Trust Fee, if any, and the Trust shall refund overpayments, if any, and in either case payment shall be made within thirty (30) days notice from the Trust as to the results of the audit. The Concessionaire shall allow the Trust or the auditors of the Trust to inspect all or any part of the compilation procedures for the aforesaid monthly reports. Said inspection shall be reasonable and is at the sole discretion of the Trust. Records shall be available Monday through Friday, inclusive, between the hours of 9:00AM and 5:00 PM at the Concession Area, or at such other location in Miami which may be approved by the Trust's Executive Director. The acceptance by Trust of payments of the Trust Fee shall be without prejudice to Trust's right to conduct an audit in order to verify the amount of annual Gross Revenues made by Concessionaire in connection with or as a result of the Concession. ARTICLE XI MODIFICATIONS AND IMPROVEMENTS FOR CONCESSION OPERATIONS 11.1 MODIFICATIONS. The Concessionaire shall not make, or permit to be made, any Modifications without the prior written consent of the Executive Director. The Trust consents to the Modifications to the Concession Area as delineated in Attachment D. If the Executive Director grants consent for Modifications to be made to the Concession Area, then: BPMT/ Big Bus Tours 2012 Concession License Agreement 122 (I) Modifications shall be performed in a good and workmanlike manner in accordance with all applicable Federal, State and local statutes, laws, ordinances and regulations, as they presently exist and as they may be amended hereafter. (ii) All Modifications shall be made at the Concessionaire's sole cost and expense. (iii) The Concessionaire shall pay for and obtain the necessary and applicable permits in compliance with all Federal, State and local laws, rules and regulations in connection with any Modification made by the Concessionaire to the Concession Area. (iv) Upon the termination of the Agreement, Concessionaire shall remove the Modifications from the Concession Area. If any part of the Park is in any way damaged by the removal of such items, said damage shall be repaired by the Concessionaire at its sole cost and expense. (v) Should the Concessionaire fail to repair any damage caused by the Concessionaire to the Park within thirty (30) days after receipt of written notice from the Executive Director directing the required repairs, the Concessionaire shall be in default and the Trust shall cause the Concession Area to be repaired at the sole cost and expense of the Concessionaire. The Concessionaire shall pay the Trust the full cost of such repairs within thirty (30) days of receipt of an invoice indicating the cost of such required repairs. Failure to pay such invoice within such time period shall result in the Trust applying the Deposit towards the past due amount. This provision shall survive the termination of this Agreement 11.2 LIENS AND ENCUMBRANCES. The Concessionaire shall keep the Park free and clear of any liens and encumbrances in connection with the Concession. Nothing in this Agreement shall be construed as constituting the consent or request of the Trust, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer or material men to perform of any labor or the furnishing of any materials for any specific Modification, or repair of or to the Concession Area or any other portion of the Park, nor as giving the Concessionaire the right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanics liens or other encumbrance against the the City or the Trust's interest in the Park, respectively. If any lien shall at any time be filed against the City, the Trust or the Army Corps as a result of any Modification undertaken by the Concessionaire, the Concessionaire shall cause it to be discharged of record within twenty (20) days after the date the Concessionaire has knowledge of its filing or institute an action challenging the lien. If the Concessionaire shall fail to discharge a lien; or, Concessionaire shall institute an action with the appropriate Court seeking the discharge within that period, then in addition to any other right or remedy, the Trust may, but shall not be obligated to, discharge the lien either by paying the amount claimed to be due or by procuring the discharge of the lien by deposit in court of bonding, or in the event the Trust shall be BPMT/ Big Bus Tours 2012 Concession License Agreement 123 entitled, if it so elects, to compel the prosecution of any action for the foreclosure of the lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances with the understanding that all amounts paid by the Trust shall constitute Additional Fee due and payable under this Agreement and shall be repaid to the Trust by the Concessionaire immediately upon rendition of an invoice or bill by the Trust. The Concessionaire shall not be required to pay or discharge any lien so long as the Concessionaire shall in good faith proceed to contest the lien by appropriate proceedings and if the Concessionaire shall have given notice in writing to the Trust of its intention to contest the validity of the lien and shall furnish and keep in effect a surety bond of a responsible and substantial surety company reasonably acceptable to the Trust or other security reasonably satisfactory to the Trust in an amount sufficient to pay one hundred ten (11 0) percent of the amount of the contested lien claim with all interest on it and costs and expenses, including reasonable attorneys' fees, to be incurred in connection with it. ARTICLE XII INDEMNIFICATION AND INSURANCE 12.1 INDEMNIFICATION AND HOLD HARMLESS. The Concessionaire shall indemnify, defend and hold harmless the lndemnitees and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the Concession services contemplated by this Agreement, which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of the Concessionaire or its employees, agents or Subcontractors (collectively referred to as "Concessionaire"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the lndemnitees, or any of them or (ii) the failure of the Concessionaire to comply with any of the paragraphs herein or the failure of the Concessionaire to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. The Concessionaire expressly agrees to indemnify and hold harmless the lndemnitees, or any of them, from and against all liabilities, which may be asserted by an employee or former employee of the Concessionaire, or any of its Subcontractors, as provided above, for which the Concessionaire's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. In case any action or proceeding shall be brought against lndemnitees by reason of any claim, the Concessionaire upon notice from lndemnitees shall defend the same at the Concessionaire's expense by counsel approved in writing by lndemnitees. lndemnitees reserve the right to defend themselves. BPMT/ Big Bus Tours 2012 Concession License Agreement 124 The Concessionaire shall immediately notify the lndemnitees, in writing, of any claim or action filed, of whatever nature, arising out of the use or operation of the Concession Area by the Concessionaire, its agents, contractors, employees, servants or invitees. The Concessionaire shall also immediately notify the lndemnitees if the Concessionaire knows or has reason to believe a claim or action will be filed, of whatever nature, arising out of the operation of the Concession or use of the Concession Area by the Concessionaire, its agents, contractors, employees, servants or invitees. The Concessionaire shall also indemnify, protect, defend and hold the Trust free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses and expenses (including attorneys' fees) or death of or injury to any person or damage to any property whatsoever, arising from or caused in whole or in part, directly or indirectly, by the presence in or about the Park of any Hazardous Materials placed in or about the Park by the Concessionaire or at the Concessionaire's direction or used by the Concessionaire or by the Concessionaire's failure to comply with any Hazardous Materials Law or in connection with any removal, remediation, cleanup, restoration and materials required hereunder to return the Concession Area and any other property of whatever nature to their condition existing prior to the appearance of the Hazardous Materials. The Concessionaire shall hold harmless and indemnify the lndemnitees for any errors in the provision of the Concession or for any fines, which may result from the Concessionaire's services. 12.2 INSURANCE. Prior to the installation of any equipment, Modifications, or personal property within the Park, the Concessionaire shall provide the Trust with a certificate of insurance acceptable to the Trust and the City Risk Administrator, and the Concessionaire shall, and at all times thereafter during the term hereof, maintain such insurance coverage as is set forth on Attachment tE, attached hereto. The lndemnitees shall be named additional insureds on all insurance policies required herein. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract without thirty (30) calendar days prior written notice to the City. Completed Certificates of Insurance shall be filed with the City prior to the periormance of services hereunder, provided, however, that the Concessionaire shall at any time upon request file duplicate copies of the policies of such insurance with the City. If, in the judgment of the City, prevailing conditions warrant the provision by the Concessionaire of additional liability insurance coverage or coverage, which is different in kind, the City reserves the right to require the provision by the Concessionaire of an reasonable amount or type of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days BPMT/ Big Bus Tours 2012 Concession License Agreement 125 --··----------- prior to the date on which the requirements shall take effect. Should the Concessionaire fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice, this Contract shall be considered terminated on the date that the required change in policy coverage would otherwise take effect; provided, however, that this Agreement shall not be terminated if the additional insurance coverage specified is not available from the insurance industry. ARTICLE XIII DAMAGE OR LOSS TO THE CONCESSIONAIRE'S PROPERTY 13.1 RISK OF LOSS. The lndemnitees assume no responsibility whatsoever for any person or property that enters any area that Concessionaire or its invitees use as a result of or in connection with the Concession. In consideration of the execution of this Agreement by the Trust, the Concessionaire releases the lndemnitees, of any and all liability for any loss, injury, death, theft, damage or destruction to any persons or of any goods or personal property, which may occur in or about the Concessionaire including such circumstances where it could be alleged that the lndemnitees or their contractors were negligent. 13.2 NOTICE OF DAMAGES OR INJURIES. The Concessionaire shall give the Trust immediate written notice of any fire, damage or injury occurring at the Concession Area. 13.3 VANDALISM AND THEFTS. Where vandalism or theft occurs to the Concessionaire's machines, equipment, trade fixtures or operation, it shall be the sole responsibility and liability of the Concessionaire to insure, repair or replace damaged or stolen equipment at the Concessionaire's expense within forty-eight (48) hours. Upon request of the Concessionaire, the Executive Director may grant an additional period of time for the repair and replacement of the stolen or vandalized property. All vandalism or theft shall be reported to the Executive Director immediately upon discovery. 13.4 THEFT AND LOSS LIABILITY. The Trust will not be responsible for any of the Concessionaire's internal losses or thefts, and any such losses must be borne solely by the Concessionaire out of its own funds they may not be used to diminish or be absorbed by payment due the Trust. ARTICLE XIV ASSIGNMENT 14.1 ASSIGNMENT. The Concessionaire shall not sell, assign or otherwise transfer the Concession or any rights and privileges under this Agreement or its ownership or control of the Concession to a third party without the written consent of the Bayfront Park Management Trust, which may be withheld. ARTICLE XV SIGNAGE BPMT/ Big Bus Tours 2012 Concession License Agreement 126 15.1 PROMOTIONAL SIGN PLACEMENT. The Concessionaire shall be permitted to have a maximum of three (3) promotional signs within the Park, which includes one promotional sign in the Concession Area. Promotional signs shall only include the Concessionaire's name and information that is directly related to the Concession. The Executive Director shall approve, in his or her sole discretion, the placement of the Concessionaire's promotional signs in the Park and determine its compatibility with the appearance of the Park. The Concessionaire shall not permit any signs or advertising matter to be placed on any portion of the Concession Area. 15.2 SIGN MAINTENANCE. The Concessionaire shall, at its sole cost and expense, install, provide, maintain its sign, decoration, advertising matter or other media as may be permitted hereunder in good condition and repair at all times. ARTICLE XVI NOTICE All notices or other communications, which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered certified mail addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. To the Concessionaire: Julia Conway Conway Tours, Inc. d/b/a Big Bus Tours/Gray Line 1 Miami 95 NW 23 Street Miami, Florida 33127 With a copy to: Steven K. Baird, P.A. 5981 NE 6th Avenue Miami, Florida 33137 To the Trust: Timothy F. Schmand Executive Director Bayfront Park Management Trust 301 N. Biscayne Blvd. Miami, Florida 33132 With a copy to: Julie 0. Bru City Attorney City of Miami 444 SW 2 Avenue, Suite 945 Miami, Florida 33130 ARTICLE XVII DEFAULT BPMT/ Big Bus Tours 2012 Concession License Agreement 127 I If Concessionaire fails to comply with any term or condition of this Agreement, or fails to perform any obligations hereunder, then Concessionaire shall be in default. Upon the occurrence of a default hereunder, the Concessionaire shall have thirty (30) days from its receipt of written notice to cure the default(s), except that in the event of equipment damage, where the Concessionaire is unable to obtain replacement parts from the manufacturer within the thirty (30) days, the Executive Director shall extend such time period by a reasonable period of time. Failure to cure the default(s) within such period may, in addition to all remedies available to it by law, immediately result in termination of this Agreement by the Trust. The Concessionaire understands and agrees that termination of this Agreement under this section shall not release Concessionaire from any obligation accruing prior to the effective date of termination. ARTICLE XVIII CONTRACT DISPUTE RESOLUTION 18.1 DISPUTE RESOLUTION PROCEDURE. The Concessionaire understands and agrees that all disputes between the Concessionaire and the Trust based upon an alleged violation of the terms of this Agreement by the Trust shall be resolved in accordance with the procedure outlined below, prior to the Concessionaire being entitled to seek judicial relief in connection therewith. Disputes less than $5,000: The Executive Director, after obtaining the approval of the City Attorney, shall have the authority to resolve controversies between the Concessionaire and the Trust, which arise under, or by virtue of this Agreement; Disputes between $5,000 -$25,000: The Executive Director's decision shall be approved or disapproved by the City Attorney and the Trust Disputes more than $25,000: In cases involving an amount greater than $25,000.00, the City Commission must approve the Trust's decision. Such authority extends, without limitation, to controversies based upon breach of contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a contractual party by submission of a protest to the Executive Director. 18.2 CONTRACT DISPUTE DECISIONS. If a dispute is not resolved by mutual consent, the Executive Director shall promptly render a written report stating the reasons for the action taken by Executive Director, the Trust or the City Commission, as applicable, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. BPMT/ Big Bus Tours 2012 Concession License Agreement 128 ARTICLE XIX TERMINATION OF CONCESSION AGREEMENT 19.1 TERMINATION BY THE TRUST FOR CAUSE. In the event the Concessionaire fails to cure a default as set forth at Article XVII the Trust shall have the right to terminate this Agreement. Upon termination, the Concessionaire's rights to manage and operate the Concession will end forthwith. 19.2 TERMINATION BY EITHER PARTY WITHOUT CAUSE. Either party may terminate this Agreement at its sole option, for any reason whatsoever, upon at least thirty (30) days written notice to the other Party. Upon such termination, the Concessionaire agrees to waive any claims for damages, including loss of anticipated fees and profits, arising out of the termination of this Agreement. The Concessionaire or its personal property shall not continue to be in the Park thirty {30) days after the Termination Date. If the Concessionaire or its personal property remains within the Park after thirty (30) days following the Termination Date, the Trust shall utilize any and all remedies at law or at equity to effectuate removal of the Concessionaire or its personal property. 19.3 TERMINATION BY THE CONCESSIONAIRE WITH CAUSE. In the event the Trust defaults or fails to observe the terms and conditions of this Agreement in any material aspect, the Concessionaire shall have the right to terminate the Agreement after notifying the Trust in writing of the action required to correct the problem and giving the Trust thirty (30) days from receipt of said notice to correct the problem. 19.4 RESTORATION OF THE PARK. At the expiration of the Term, or earlier termination of this Agreement, the Concessionaire shall no longer provide Concession services to the Park and shall deliver to the Trust all keys that it has to any part of the Concession Area or the Concession Area. The Concessionaire shall return all facilities, equipment and other items furnished by the Trust, including any portion of the Park that may have been used by the Concessionaire, in the condition in which received, reasonable wear and tear excepted. It is agreed that, upon the expiration of the Term or earlier termination of this Agreement, Concessionaire shall be responsible for restoring the portions of the Park to their original condition, as may be shown in Attachment F. The Concessionaire will be responsible for all losses and damages to the Park resulting from its default, failure or negligence during the Term of this Agreement. If within thirty (30) days of termination of this Agreement the Trust determines that any part of the Park is damaged as a result of the Concession, and that such condition was not readily evident at the time of the Concessionaire surrendered possession of the Concession Area, the Trust reserves the right to have the Concessionaire pay for the repairs to said portions of the Park. This clause shall survive the expiration of this Agreement. BPMT/ Big Bus Tours 2012 Concession License Agreement 129 19.5 HAZARDOUS WASTE. Upon termination or expiration of this Agreement, the Concessionaire shall, at its sole cost and expense, cause all Hazardous Materials, including their storage devices placed in or about the Concession Area by the Concessionaire or at the Concessionaire's direction to be removed from the Concession Area and transported for use, storage or disposal in accordance and compliance with all applicable Hazardous Materials Laws. ARTICLE XX ABANDONMENT 20.1 ABANDONMENT If the Concessionaire shall vacate or abandon the Concession Area during the Term or Additional Term of this Agreement for a period of ten (1 0) consecutive days or thirty (30) days during a Concession Agreement Year, except as provided in this Agreement, the Trust, at its option and without serving notice elsewhere required in this Agreement, may either: (i) Take immediate possession of the Concession Area for the remainder of the Term or Additional Term, and contract with another person or corporation for the provision of Concession at the Concession Area. In such event the Concessionaire shall remain liable for all obligations under this Agreement; or (ii) Cancel this Agreement; or (iii) Remove and store Concessionaire's Modifications and personal property at Concessionaire's expense. Such items shall otherwise be disposed of according to Florida law, as abandoned property. ARTICLE XXII UNAVOIDABLE DELAY AND IMPOSSIBILITY 22.1 UNAVOIDABLE DELAY. For the purpose of any of the prov1s1ons of this Agreement, neither the Trust nor the Concessionaire shall be considered in breach of or in default of any obligations under this Agreement in the event of an Unavoidable Delay, which results in impossibility of performance, in accordance with the provisions of Article below entitled "Performance of Obligations." 22.2 PERFORMANCE OF OBLIGATIONS. In the event of an Unavoidable Delay resulting in impossibility of performance, the time for performance of obligations, covenants, and/or agreements, which are affected by the Unavoidable Delay shall be extended for the period of time of the Unavoidable Delay or for such period of time as may be necessary under the circumstances, provided that the party seeking the benefit of the provisions of this Article shall: BPMT/ Big Bus Tours 2012 Concession License Agreement 130 (a) As soon as reasonably possible, but no later than thirty (30) days after such party shall have become aware of the Unavoidable Delay, give notice, in writing to the other party hereto of the Unavoidable Delay, which notice shall specify, which of the obligations, covenants, and/or agreements of this Agreement the notifying party is unable to perform at the time of such notice and how the Unavoidable Delay has affected the party's performance of such obligations, covenants, and/or agreements; and (b) As soon as reasonably possible, the party claiming such an Unavoidable Delay shall commence and shall continue diligently the performance of such obligations, covenants, and/or agreements so delayed. ARTICLE XXIII MISCELLANEOUS 23.1 COMPLIANCE WITH LAWS. The Concessionaire shall comply with all applicable federal, state and local laws, regulations, orders, ordinances and codes pertaining to its performance under this Agreement. 23.2 INDEPENDENT CONTRACTOR. The Concessionaire and its employees and agents shall be deemed to be independent contractors, and not agents, employees or representatives of the Army Corps, the City or the Trust and shall not attain rights or benefits under the Civil Service or Pension Ordinances of the City nor any rights generally afforded classified or unclassified employees; further they shall not be entitled to the Florida Workers Compensation benefits as employees of the City or the Trust. 23.3 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. 23.4 AMENDMENTS. The Trust and the Concessionaire by mutual agreement shall have the right but not the obligation to amend this Agreement. Such amendments must be in writing and shall be effective only when approved by the Trust and signed by the Executive Director and the Concessionaire and shall be incorporated as a part of this Agreement. 23.5 AWARD OF CONCESSION AGREEMENT. The Concessionaire warrants that it has not employed or retained any person employed by the Trust to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the Trust any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 23.6 CONFLICT OF INTEREST. The Concessionaire is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Dade County, Florida (Dade County Code, Article 2-11.1 et. seq.) and of the State of Florida as set BPMT/ Big Bus Tours 2012 Concession License Agreement 131 forth in the Florida Statutes, and agrees that it will fully comply in all respects with the terms of said laws and any future amendments thereto. 23.7 GOVERNING LAW. This Agreement shall be construed and enforced according to the laws of the State of Florida. 23.8 COURT COSTS AND ATTORNEYS' FEES. In the event that it becomes necessary for the Trust to institute legal proceedings to enforce the provisions of this Agreement, each party shall pay its own court costs unless otherwise provided by federal or state law. 23.9 SEVERABILITY. If any provision of the Agreement, or any paragraph, sentence, clause, phrase, or word, or the application thereof, is held invalid, the remainder of the Agreement shall be construed as if such invalid part were never included herein and the Agreement shall be and remain valid and enforceable to the fullest extent permitted by law. 23.10 WAIVER. No waiver of any provision hereof shall be deemed to have been made unless such waiver is in writing and signed by the Trust or the Concessionaire. The failure of either party to insist upon the strict performance of any of the provisions or conditions of this Agreement shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. 23.11 CAPTION. The captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or prescribe the scope of this Agreement or the intent of any provisions thereof. 23.12 PUBLIC RECORDS. To the extent applicable to the Concessionaire, it shall comply with the Public Records Law, Florida Statutes, Chapter 119. The Concessionaire shall not be deemed to acknowledge the applicability of the Public Records Law to its operation by entering into this Agreement. 23.13 VENUE. Venue for any legal proceedings shall be Miami-Dade County. 23.14 REAFFIRMATION. The Concessionaire hereby reaffirms all of the representations contained in the Solicitation Documents which is incorporated by reference and made a part of this Agreement. 23.15 TIME. If a provision in the Agreement does not clarify whether it is calculated in calendar or business days, then the days shall be calculated in calendar days. If the time that any act, duty or obligation becomes due falls on a Saturday, Sunday or holiday, then unless otherwise provided in this Agreement, such act, duty or obligation shall become due the next business day. BPMT/ Big Bus Tours 2012 Concession License Agreement 132 23.16 EXCLUSIVITY. The Trust represents, warrants and covenants to the Concessionaire that no other hop-on, hop-off bus tour operator will be contracted on or from the real property known as Bayfront Park during the Term of this agreement. ARTICLE XXIV AMENDMENTS TO PLANS Pursuant to this Agreement, the Concessionaire shall submit an Operations Plan which shall be attached to and incorporated with this Agreement which has obtained Trust and Commission approval as Attachment C. The Trust shall approve, without additional Commission approval, any subsequent amendments to these aforementioned plans that solely pertain to the Concession Area. ARTICLE XXV ENTIRE AGREEMENT This Agreement represents the total agreement between the parties. All other prior agreements between the parties, either verbal or written, are superseded by this Agreement and therefore no longer valid. (Signature page follows) BPMT/ Big Bus Tours 2012 Concession License Agreement 133 IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed, through their proper officials, the day and year first above written. Attest: By:C~ Print Name L.hn t;u.1io._ ~(XwLu....d'­ Print Title 1--t12 "f'{\_C,_ncl_c~-v Date: Sjl'--t J I'd- Attest: APPROVED AS TO FORM AND CORRECTNESS JulieO. sru,4 City Attorney ~ , ~ Date: /~ f j !- THE CONCESSIONAIRE Bayfront Park Management Trust, a limited agency and instrumentality of the City of Miami T . Executive Director Date: .., . ' APPROVED AS TQ INSURANCE REQUIREMENTS; / ./" /I ,.._/ l.r>/ t if tu·-~ l ' J_Calvin Ellis I ! Risk Managemerl_tAdministrator Date: BPMT/ Big Bus Tours 2012 Concession License Agreement 134 MILDRED AND CLAUDE PEPPER BAYFRONT PARK M A N A G E M E N T T R U S T 301 N. BISCAYNE BOULEVARD, MIAMI, FL 33132 TELEPHONE: (305)358-7550 FAX: (305) 358-1211 June 10, 2013 Ms. Julia Conway General Manager Big Bus Tours Miami PO Box 380822, Miami, FL 33138 Dear Ms. Conway, I write this letter to affirm that Conway Tours, Inc. dlb/a Big Bus Tours/Gray Line Miami has been, and continues to be, a concessionaire of the first rank in Bayfront Park. You have positioned the park as the Big Bus Central Station and festooned what had been a rather drab service area with signage and banners enhancing the park's image while providing a much t1eeded service to the region's tourism industry. I am pmticu1ar1y excited by your recent proposal to add a water bome element to your operation. As a long time proponent of a water taxi connecting Miami Beach and Miami, I recognize the Big Bus efforts as a great leap toward that end. Should you have any questions regarding my support for these efforts, I am available to discuss further. Cc: file 135 BIG Bl:JS TOURS. Proposq I Jig Bus Tours Miami • PO Box 380822, Miami, Florida 33138 • 800.336.8233 phone • 305.759.7636 fax www.bigbustours.com • a member of Gray Line Worldwide CONCEPT- SUMMARY OF BIG BUS TOURS' PROPOSAL TO BAYFRONT PARK MANAGEMENT TRUST AND THE CITY OF MIAMI MAY 14,2013 As we constantly strive to enhance our guests' experience, develop our operation, and grow our business, we have identified the fact that connecting our City and Beach Loops by an alternative means of transport is integral to ongoing success and retention of market share. As we have an excellent 20-year working relationship with Island Queen Cruises, the most established and reputable boat-excursion company in Miami, it is a natural fit for our two companies to join forces in the creation of the Big Bus Water Taxi. At the outset, the water taxi will primarily serve Big Bus passengers with development plans to serve both the touristic and residential public. Please see Attachment A Page 1 for a view of Island Queen's vessels. Of particular note is the Beach lady as she is the first in the fleet of water taxis. Also, please see Attachment A Page 2 for the water taxi route, permanent, established, and pending stops. SCOPE AS IT RELATES TO BA YFRONT PARK- We propose to establish a permanent location at/on the first north dock at Bayfront Park to be the main boarding location for this service. We would like to create a robustly branded kiosk area that would replace the current trailer with an attractive and modern look and feel. Please see Attachment B Pages 1 through 3 for current images. This retail location would sell water taxi tickets, Big Bus Tour tickets, attraction tickets, day tour and excursion tickets, limited food Jnd beverage, and selected merchandise relevant to Miami. The food and beverage concession will be limited to very portable snack-type items and not be considered impedance to any future development of a food and/or restaurant concession agreement in the Park. The area would include queue stanchions and passenger waiting areas. We would like the ability to create a photography area on the dock as well. We would need to enhance the lighting and add surveillance cameras to the vicinity. Island Queen Cruises also requests to have the ability to sublease the first north dock after water taxi operational hours and the second north dock and south dock per shared calendar with the Park for charters, pickups and overnight stays to its vast network of boat owners and brokers. CITY OF MIAMI BEACH COMPONENT Big Bus is well established on the City side of the route and we have one secure location on the Beach side. We are working on establishing permanent locations in the City of Miami Beach. Additionally, the City of Miami Beach's Marine Authority Board has adopted a resolution proposing "Public Bayside Wessel Landing Pier in the City of Miami Beach," attached as Attachment C. This positive development clearly demonstrates interest from the Beach for this concept, and we are actively pursuing this plan with Miami Beach. DAYS1 TIMES & SCHEDULE- Big Bus Tours Water Taxi will operate 7 days a week from 9:00am to 7:00pm. And, as high season demands, we would like to have open availability to extend these hours. At the start, water taxi service will be hourly with the goal to increase to 30-minute, then 15-minute frequency with the acquisition of vessels. Also, we would like to have the availability for Island Queen's Millionaire's Row Tours to depart from the dock when water taxis are not present. As we currently do, we will amend service on special event days at the park as communicated in advance by the Park's management. MIAMI:57701 0.2 136 RATES & SERVICES- At the outset, the water taxi will be a value added component to the Big Bus Tours ticket. Our retail ticket price for a one-day pass will increase from $39 per adult to $45 per adult. We are still in the analysis stage of the water taxi rates 'lS a stand-alone product, but will advise once determined. We are aware of the amendment of section 53.1 of the City _,f Miami Code as it relates and applies to sightseeing boat tours and will take this into considerations as we set our rates and delineate our tariff and fees listings on our tickets. JANITORIAL & CLEANING CONSIDERATIONS- We will have on staff a dedicated custodian for all operational days, providing for a minimum of two walkthroughs per day for trash. Our expectation is to use the Park's dumpster facility to deposit the collected trash. We will add trash cans as deemed necessary and in locations by mutual decision with Park maintenance staff. We will enhance our current steam cleaning to include new operational areas and the docks. We will remove any retrievable floating debris as well. HURRICANE PLAN- In the event of an impending hurricane, our staff will convene 4-days prior to the forecasted event to review the preparedness plan and assign tasks. The plan will be executed 48-hours prior to storm arrival. We will remove, transport and store in the Big Bus garage, all loose items, e.g. flags, furniture, umbrellas, garbage cans, signage, podiums, sign boards, etc. No boats will remain on the dock during the storm. Depending on the forecasted intensity of the storm, more permanent kiosk fixtures will also be removed. TICKETS, REPORTING AND ACCOUNTING- Water Taxi passengers will be ticketed with the Big Bus POS system. This holds true for all ancillary sales of attractions, day tours and excursions. Retail sales of food, beverage and merchandise would be controlled with an inventory management system. Brokerage of the docks would be reported via calendar and ledger. All accounting and remittance remains the responsibility of Big Bus Tours' finance department and will be conducted monthly. ~DLLATERAL MATERIAL- All passengers will receive a Big Bus Tours Map & User Guide, which will be enhanced to incorporate the water taxi's route, stops and schedule. OUR EXPERIENCE- About Big Bus Tours Ltd. and Big Bus Tours Miami-Big Bus Tours Ltd. is the largest operator of open-top sightseeing tours in the World, providing sightseeing tours in fourteen cities across three continents. Big Bus Tours' sightseeing formula has been designed to provide a flexible approach to city discovery. Each open-top bus tour provides a hop-on, hop-off facility at a variety of interesting locations and, wherever possible, Big Bus Tours looks to enhance the visitor sightseeing experience by providing complementary experiences. We are committed to providing the perfect introduction to great cities through excellence in service and innovation. In June 2011, Big Bus Tours Ltd. wholly acquired Conway Tours, Inc. to be its Miami-based operation. Operating in South Florida for over 20 years, Conway Tours, Inc. is operated with professionalism, dependability and the superior standards for which Big Bus Tours Ltd. is recognized. Our capability to produce exceptional results comes from the use of dynamic operational procedures, successful negotiations, vast networks of technological resources and a team of people with the spirit of service and creativity. About Island Queen Cruises-Island Queen Cruises is a celebrated family business in the City of Miami for over 65 years. We began operating out of the historic Pier 5 long before the major entertainment complex, Bayside Marketplace, was first built. After Bayside opened in 1987, the area went from a quaint fishing pier to a major tourist destination attracting an average of 15 million people a year. We were positioned to grow and expand with Downtown Miami and now our sightseeing tours run hourly, 365 days a year. Island Queen Cruises employs over 150 full-time employees and more than 75 part-time personnel who are all highly trained licensed professionals. MIAMI:5770l0.2 137 CONSIDERATION- Our current monthly base is $4,000.00 plus 7% tax and 5% revenue share for Big Bus Tour ticket sales generated in the Park. We propose an increase to $7,500.00 plus 7% tax plus 5% revenue share on ALL transactions-Big Bus Tours tickets, Water Taxi tickets, island Queen Cruises from the first north dock, food, beverage and merchandise. ,dditionally, we propose that for any brokerage Island Queen is able to produce from the shared calendar, a revenue share of 20% of the dockage rate. We will be happy to receive your feedback and comments to this proposal and applicable Attachments. Please do not hesitate to contact our office toll-free at 800-336-8233, or my mobile number, 954-444-2028. Sincerely, Julia M. Conway General Manager Conway Tours, Inc. dba Big Bus Tours Miami MIAMI:577010.2 138 Vessels Beach Lady (Water Taxi) Biscayne Lady Island Lady Island Queen Venetian Lady Miami Lady 139 Tour Outlines Wat~r Taxi Stops: Miami River 2,5 hgurs 140 ~r · Lo Bay 2.5 hours Stiltsvil!e 4 hours 141 Big Bus Tours Central Station at Bayfront Park 142 Big Bus Tours Central Station at Bayfront Park 143 144 • Red Line: City Loop • Buses Operate a 30-Minute Schedule Big Bus Tours Routes 145 • Blue line: Beach Loop • Buses Operate a 15-20 Minute Schedule Marine Authority Board Resolution Proposing Public Bayside Vessel Landing Piers in the City of Miami Beach WHEREAS the City of Miami Beach is surrounded by water with plentiful navigable waterways for use by both recreational and commercial vessels, AND WHEREAS boating and yachting has a rich and documented history within the City ofMiami Beach, AND WHEREAS the growth of areas such as downtown Miami, Wynwood, and the Miami Design District will increase demand for transportation options between the City of Miami Beach and the mainland, AND WHEREAS recent events such at Art ! Basel[ Miami Beach in December 2012 have highlighted the difficulty with existing automobile and public transportation between the City of Miami Beach and the Miami mainland during large and/or multiple events, AND WHEREAS various experts have stated the public transportation system of Miami- Dade County needs improvement based on the needs of the community, AND WHEREAS the City of Miami Beach would benefit from additional transportation options for both visitors and residents between the city and the Miami mainland, AND WHEREAS allowing visitors to arrive by boat to the city would be a glamorous way to showcase the Miami Beach lifestyle and luxury real estate market, AND WHEREAS City of Miami Beach merchants and businesses would benefit from increased visitors arriving from Miami by water for both business and pleasure purposes, AND WHEREAS residents ofthe City of Miami Beach deserve to have a world-class, maritime transportation system at their disposal for transit uses. BE IT RESOLVED that the City of Miami Beach Marine Authority Board recommends that the city administration devise a plan to improve public water-bourn transportation within the city, and between the city and the Miami mainland to include the following provisions: 1. The deployment of a landing pier with suitable infrastructure to accommodate passenger landing and debarkations at the end of Lincoln Road at Malloy Channel (see appendix A) from both commercial and private vessels. This pier shall be established as a pilot site for evaluation. 1 146 2. Upon favorable implementation and operation of the pilot site as reviewed by the Marine Authority Board, Miami Beach Police Marine Patrol, Miami Beach Park and Recreation Department, and other identified stakeholders, additional sites for landing piers shall be considered for implementation at the following sites: a. South Pointe Park (old pilot station in-cut) at Government Cut b. Sth Street at Malloy Channel c. 1Qth Street at Malloy Channel d. 14th Street at Malloy Channel e. Purdy boat ramp area near Miami Beach Marine Patrol Station 3. These sites shall be used for the landing and pick-up of passengers from both commercial and private vessels meeting designated state and federal vessel requirements. 4. At no time shall vessel be docked to a landing pier for more than 10 minutes or other reasonable time so as to affect the landing and embarkation of passengers. 5. A contract shall be granted to one or more maritime commercial towing/salvage providers to immediately remove (tow) unauthorized vessels docked at any city landing pier. This shall operation should be consistent with the towing of automobiles from unauthorized parking spaces on land. 6. Landing piers and sites shall meet standards set forth by the American's With Disabilities Act (ADA) of 1990 as much as practable. 7. Landing piers and sites shall be able to accommodate a minimum of tvvo (2) vessels simultaneously ranging in length from 16 to 45 feet. Piers shall also accommodate the landing/embarkation of passengers from small private yacht dinghies. 8. This project should be as environmentally friendly as practable with guidance from ECOMB and DERM as key stakeholders. 9. A severe weather plan should be created to protect and preserve the pier to the extent possible against inclement weather including tropical storms, hurricanes, and severe tidal surges. 10. Jffeasible as determined by appropriate city administration including the Department of Parks and Recreation, launching points shall be established at these sites for non-motorized paddle craft such as canoes, kayaks, and paddle boards, in a manner so as not to impede the safe, effective landing and disembarkation of passengers from vessels at each landing site. 2 147 APPENDIX A-Lincoln Road at Malloy Channel Proposed Landing Pier Site OJ ..... ~. Proposed Lincoln Road Boat Pier 148 Unccln Rd · i1!'r-o· 16th St ISLil T~nd•:.6 '~"\) e -~ -~· (~) 1111 llt ...... ..;:.)_;,.R;I.~ p._:~~)~"ry ~-! ~ ~~~~ ~~i o: :n~t~f'i'c!'ly y 3 APPENDIX A (CONT) -Lincoln Road at Malloy Channel Proposed Landing Pier Site -PHOTOS 149 4 5 150 ···:J~;~;~r-·'';5;::'""'::~:;~i~~~~-~ a •',1-.• 6 151 W cri--er (4..~ ( F!:. La~der-c{~\e_ FD?f LAUJJEHDALE EXPLORE South Florida from The Water Taxi. Your Water Taxi ticket lets you on and off its stops all day while taking in the sights along Fort Lauderdale's world famous waterways, which have earned the city the nickname, "The Venice of America" . .. ,_-_ -,-. --. __ .-_ -. . The Water Taxi is like a trolley-on-the-water. Board a Water Taxi at any of our stops and purchase your ticket onboard, cash or credit card. Then choose which stops you'd like to explore, and hop off to check out Fort Lauderdale's attractions, shopping and dining. Hop back on and head to your next stop, or just sit back and enjoy the ride. There are multiple routes to choose from that give you access to both Hollywood and Fort Lauderdale's beaches, world-class shopping and dining, and the many cultural and historical options in both cities-all for one low price! Not all Water Taxis make every stop -but on every Water Taxi you will have unparalleled views of Fort Lauderdale and Hollywood! Not sure where to go? The Water Taxi main route travels in two directions, Inbound and Outbound. Inbound takes you "in" to the New River, downtown Fort Lauderdale and the Las Olas area. Outbound takes you "out" of the New River, and heads north, towards the Galleria Mall and Shooters Restaurant. There is also the Hollywood Route, which heads south to Hollywood Beach. Our crew will happily help you plan your day as you cruise past many interesting sites from million-dollar mansions to mega yachts. They will also highlight our Cruise & Save program, with over 50 of the hottest restaurants, bars and attractions located steps from our stops that offer Water Taxi Guest a sensational discount. The Fort Lauderdale Water Taxi runs year-round, with the following changes in schedule: Thanksgiving, the annual Winteriest Boat Parade, and New Year's Eve we close early; Christmas day we are closed, and during the Fort Lauderdale International Boat Show we have limited service to only a few stops and the main boat show venues. If you are interested in a night trip, try our Moonlight Madness deal! Tickets purchased on-board after 5 PMare all priced at the children's rate-$13.00. Perfect for anyone looking to enjoy a night out on the town and on the water! 152 Service Area: The Water Taxi routes run between Oakland Park Boulevard and Southeast 17th Street along the Intracoastal waterway, and west along the New River into downtown Fort Lauderdale as far as the Las Olas Riverfront complex. The Hollywood route departs Fort Lauderdale from Stop 5. Stop 1 Las 0/as Riverfront/Briny Irish Pub 4 West Las Olas Boulevard ~ WATER TAXI PARKING GARAGE at Stop 1140 West Las Olas Boulevard $5.00 parking at the Riverfront Garage when you buy your Water Taxi tickets there! Stop 1a Stop2 Stop 3 Stop4 Stop 5 Stop 6 Stop7 StopB Stop 9 Stop 10 Pirate Republic Bar 400 SW Third Ave * NOTE: If the railroad bridge is down at the scheduled departure time, Water Taxi cannot access the Pirate Republic. Down towner Saloon 10 South New River Drive East Shops and Restaurants at Las Olas 904 East Las Olus Boulevard, end of 9th Ave 15th Street Fisheries 1900 SE 15th Street (Hollywood Connection-year round) Hilton Marina/Convention Center 1881 Southeast 17th Street (under W side of 17th St bridge) Hvatt Regencv Pier 66 2301 SE 17th Street Bahia Mar /Bahia Cabana 1310 Seabreeze Boulevard Beach Place Intracoastal end of Cortez St Gallery ONE Doubletree Guest Suites 2670 East Sunrise Boulevard Shooter's Watertront Cafe 3033 NE 32nd Ave Whistle Stops Water Taxi has several location within the regular route that you can call 954.467.6677 for a pre- arranged pick-up. il Lugano Hotel 3333 NE 32nd A venue 153 The Pillars Hotel 111 N. Birch Rd. Riverside Hotel 620 East Las Olas Blvd. Esplanade Park 420 SW Second St. Vessel capacities are regulated by the United States Coast Guard, and may not be exceeded. Boarding is first come, first served with ticket holders boarding first. Crew members are permitted to accept gratuities. If you enjoyed your trip, please consider leaving a tip to show your appreciation. FARES & SCHEDULES Tickets may be purchased on board. We accept cash, credit cards, or travelers' checks. Adult All Day Pass $20.00 Unlimited rides all day in Fort Lauderdale and Hollywood. Youth All Day Pass $13.00 Youth 5-11 years. Children 4 and under FREE Senior All Day Pass $17.00 Seniors 65 and over. Proof of age is required. Family Pack $60.00 Includes 2 regular fares and up to 3 youth (5-11) or seniors (65+ ). MOONLIGHT MADNESS-After 5pm Everyone rides for kids' prices! $13.00 Must be purchased on board after 5pm. HOLLYWOOD ROUTE-Service between all Hollywood stops $10.00 SIX RIDE PACK-Six All Day passes for the price of five. $99.00! Great for small groups or couples here for multiple days. ANNUAL PASS-$200.00 Valid for unlimited rides for one person for one calendar year from the date of purchase. • Water Taxi Tickets are not redeemable, refundable, or transferable. • Damaged or illegible tickets are invalid and will not be replaced by Water Taxi or its authorized distributors. • US Coast Guard Regulations limit our boat's maximum capacity. Seating is subject to availability. 154 Area Attractions Stop #1 ~ Water Taxi Garage -$5.00 All day parking and you can buy your tickets there. Briny Riverfront Pub Las Olas Riverfront Museum of Art Fort Lauderdale Museum of Discovery & Science AutoNation(IMAX Theater Riverfront Cruises Riverwalk/Esplanade Park Broward Center for the Performing Arts Stop #la Pirate Republic Stop#2 Downtowner Saloon Stop #3 Fort Lauderdale Children's Theatre Las Olas Boulevard Stranahan House Indigo Restaurant Las 0/as Wine Cafe Kilwins of Las 0/as Mango's Preston's Lobby Lounge Udder Sweets EvooMarket Stop #4 15th Street Fisheries Port Everglades 155 Stop #5 Bimini Boatyard China Grill Sports Zone 84 Broward County Convention Center Stop #6 Pelican Landing Stop #7 Bahia Cabana Bubba Gump Shrimp Co. Dos Caminos Oasis Cafe International Swimming Hall of Fame Stop #8 Shula's on the Beach The Deck Restaurant Beach Place Fort Lauderdale Beach Stop #9 B'stro on the Beach Franco & Vinny's Vue on the Water {GalleryONE hotel) Bonnet House Galleria Mall Hugh Taylor Birch State Park Stop #10 da Campo Osteria Chart House Shooters Waterfront Cafe Flip Flops Dockside Eatery 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: September 11, 2013 SUBJECT: REFERRAL TO THE LAND USE ND DEVELOPMENT COMMITTEE - ORDINANCE AMENDMENT PE AINING TO OVERSIZED SINGLE FAMILY HOMES ADMINISTRATION RECOMMENDATION Refer the Ordinance Amendment to the Land Use and Development Committee for consideration and recomme,ndation. BACKGROUND/ANALYSIS On June 25, 2013, the Planning Board discussed a proposed draft Ordinance pertaining to oversized single family homes (see attached). The Planning Board deferred action on this Ordinance pending the outcome of additional public workshops. On July 17, 2013, the City Commission referred an Ordinance to the Land Use and Development Committee that would create additional protections from total demolition for architecturally significant single family homes. Additionally, the Commission directed the Administration to hold a workshop at the September 23, 2013 Land Use Committee meeting, in order to discuss the single family home issues and proposed legislation in a comprehensive manner. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the proposed Ordinance Amendment, pertaining to oversized single family homes, to the September 23, 2013 Land Use and Development Committee workshop for consideration and recommendation. Attachment ,z \... JL~RGLfTRM T:IAGENDA\2013\September 11\Referral to LUDC-Oversized SF Homes Ordinance.docx Agenda Item C. 'I£ 156 Date 9-11--13 SINGLE FAMILY DEVELOPMENT REGULATIONS 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, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 2, uRS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY AMENDING THE CRITERIA AND PROCEDURES FOR THE REVIEW AND APPROVAL OF SINGLE-FAMILY RESIDENTIAL CONSTRUCTION, BY REPLACING THE SINGLE-FAMILY RESIDENTIAL REVIEW PANEL, BY CLARIFYING AND AMENDING THE STANDARDS AND PROCURES FOR REVIEWING NEW CONSTRUCTION AND ADDITIONS IN SINGLE FAMILY DISTRICTS, INCLUDING MODIFICATIONS TO LOT COVERAGE, UNIT SIZE AND OVERALL HEIGHT, BY CLARIFYING THE BELOW FLOOD LEVEL CONSTRUCTION REQUIREMENTS FOR AFFECTED PROPERTIES IN HIGH FLOOD ZONES, AND BY CLARIFYING SETBACK AND LOT COVERAGE REQUIREMENTS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; ANGAN EFFECTIVE DATE. WHEREAS, the regulation of additions an~ new construction in>~lrlgle family districts is necessary in order to ensure compatible develop~t within the built character of the single- family neighborhoods in the City; and WHEREAS, new homes and additions that are compatible with the prevailing character of existing residential neighborhoods should be encouraged and promoted; and WHEREAS, the identity, image ··~ envit~~tal quality of the City should be preserved and protected; and WHEREAS, the privacy, attractive peaestrian streetscapes and human scale and character of the City's singl&-familynaigV9orhoods, are important qualities to protect; and WHEREAS, these regutations will accomplish these goals and ensure that the public health, safety and welfare will be preserved in the City's single-family districts. NOW THEREFORE BE:1T ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF M.f.l BEACH, FLORIDA: SECTION 1. That Section 142·105, "Development regulations and area requirements", is hereby amended as follows: ·· (a) RS 1, RS 2, RS 3, RS 4 districts. The review criteria and application requirements development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential districts are as follows: (1) Compliance with regulations and review criteria. a. Permits for new construction, alterations or additions to existing structures shall be subject to administrative (staff level) review by the planning director or designee or in certain instances subject to a public hearing by the single family residential review panel (SFRRP) design review board (ORB) in order to determine consistency with the review criteria listed in this section. 1 of 10 157 b. In complying with the review criteria located in this section, the applicant may choose either to adhere to the development regulations identified in sections 142-1 05 and 142-1 06 administratively through staff level review or seek enhancements of the applicable development regulations as specified therein through approval from the SI=RRP, historic preservation board or design review board, as applicable. In the event the SFRRP does not con•,rene due to lack of a quorum, the application may be redirected, at the election of the applicant, to the design review board or the historic JS)reservation eoard, •..vhichever has jblrisdiction. c. SFRRP af:)J:~roval shall be in accordance ;•.'ith the JS)rocedblres contained in sections 142 1 Q5 and 142 1 Oe. Further clarification of the limits of the af:)JS)roval powers of the panel relative to single family structures may be found '•:ithin the Sblbsections. 4 c. Notwithstanding the foregoing, for those structures IP:&ted within a locally designated historic site district, or individually designated as an hist<lll"ic structure or site, ooly the review and approval of the historic preservation board (HPBt~~l may be required. e. d. Notwithstanding the foregoing, for those sfft:l¢tur'es constructed prior to 1942 and determined to be architecturally significant, in accoroance with section 142-108 herein, ooly the review and approval of the design review board (ORB) sRaU may be required. (2) Review criteria. Staff level or SI=RRP review shall encompass the examination of architectural drawings for consistency with the review criteria and information requests listed below: a. The existing conditions of the lot, including but not limited to topography, vegetation, trees, drainage, and waterways shall be considered in evaluating the proposed site improvements. . b. The design and layout of the proposed site plan inclusive of the location of all existing and proposed buildings shall be reviewed with particular attention to the relationship to the surrounding neighborhood, impact on contiguous and. adjacent buildings and lands, and view corridors. In this regard, additional photographic, and contextual studies that delineate the location of adjacent buildings and structures may be required in evaluating compliance with this criterion. ~ c. The sele¥tion of landscape.,materials, landscaping structures and paving materials shall be review&G 'fO ensure a ~atible · relationsh'tJl:,with and enhancement of the overall site plan: design and the surrounding neighborhood,·.··· d. lhe dimensions of all buildings, structures, setbacks, height, lot coverage and any other information that may be reasonably necessary to determine compliance with the requirements of the underlying zoning district. e. The design and construction of the proposed structure, and/or additions or modifications to an existing ~tructure, indicates sensitivity to and compatibility with the environment and adjacent structures and enhances the appearance of the surrounding neighborhood. f. The proposed struotur~~ is focated in a manner that is responsive to adjacent structures and the established pattern of volumetric massing along the street with regard to siting, setbacks and the placement of the upper floor. g. The construction of an addition to an existing structure shall be architecturally appropriate to the original design and scale of the building; the structure may be architecturally redesigned, but in a manner that is consistent in design and material throughout. h. Exterior bars on entryways, doors and 't'>'indows shall be J:IFOhibiteEI on front and side elevations whish face a street or right of \Nay. i. At least 35 percent of the required front yard area and 35 persant of the reqblired siEie yarEI area faoin§l a street shall be soEided or landscaped pervious open space. With the exception of driveways and paths leading to the buildin§l, pavin§l rnay not extend any closer than five feet to the front of the buildin§l. 2 of 10 158 j. In ne instance shall the elevatien ef any required yard be higher than one half the difference between grade, as defined in sectien 11!1 1, and the minimum required flood elevation. k:-h. The construction shall be in conformance with the requirements of article IV, division 7 of this chapter with respect to exterior facade paint and material colors. (3) Application requirements for HPB or ORB review. a. Applications shall be made te the planning de,:>artment and shall include the follo•Ning: 1. A cem,:>leted applicatien form. 2. A notariz:ed o•.-..ner's affidavit. 3. Color photegraphs of the site and adjacent 13roperties. 4. Conceptual design drawings te scale including but not ~i!ed to a site plan, building fleer plan(s), elevations and landscape design, sufficient te e·.~atwate the overall proposed project. Additionally, drawings shall be submitted in "pdf' fermat in ardor to allo•.v posting to the city's j:~lanning and zoning webpage. 5. Sur\'eys dated within 6 months of the aj:J~=Jiicaugrt that incf~ site elevations. 6. General zoning calculations and data sufficient to deterMinE:! compliance with zoning criteria. b:-SFRRP ORB or HPB applications shall follow the application procedures and review criteria specified in Chapter 118 of these lan:d development regulations, as determined by the planning director, or designee. However, tl:le: fee for applications tt:fthe ORB for non- architecturally significant homes constructed prior to 1942 and all homes constructed after 1942 shall be $150.00. require seven copies of the required exhibits while staff level revie•.v shall require three copies. c. All applications for review ley the SFRRP must be filed vw;ith the planning department no later than 21 calendar d~ys before the: meeting EJ~. (4) Single family residential Fe\'tew paneL a. CoFRposition ana. term of panel membeFS. The panel shall be coFRposed ef three members, i'No of whom shall be architects and/or other registered design professionals, and one shall ee .. a resiEient' ef ttle city,. each to eien•e for a terFR of one year. Panel members shall. not delibe.rate in more than fOYF MeetingS·.per calenEiar year unless required due to inability' to satisfytf:fe quorum ,-equirement. · .. · · b. Membership and ~alification: Panel FRem6ers shall be chosen by the city manager or designee on a rotating basis or as available froFR a list of not more than 2Q architects anEI/or other registered design professionals; as well as a list of residents of the city. In developing the list of ·registered j:lrefessionals, names should be submitted froFR the following associations: 1. Amerioan Institute of /\rchitests, local chapter. 2. American Society of Lar:~ascape Arohitects, local chapter. 3. Amerioan Planning 1\esooiation, local section. 4. The Miami Design Preservation League 5. Dade Heritage Trust. o. Majority to a~(:)rove plans. The quorum for the SFRRP shall be all three FReFRbers ana a simple majority \•Jill be necessary to approve any a~~lication. In the event the single faFRily residential reviO'I,' panel Eloes not convene due to lack of a quoruFR, the application may eo reEiirected, at the election of the applicant, to the Elesign revie'N board or the historic preservation board whichever has jurisdiction. The planning department shall (:)rovide staff su~port to the SFRRP and the city attorney's office shall pro•Jide legal counsel. d. Meetings and noticing requirements. The SFRRP shall have regularly scheduleEI meetings on a monthly easis, or as frequently as neeEied, as determined by the planning director. The hearing before the SFRRP shall be de novo, anEl the applicant shall have a 3 of 10 159 preapplication conference vtith the plannin!iJ elirecter, or Elesignee, prior to the submission ef a request or an application to Eliscuss any aspect of the process. Noticing of SFRRP meetings shall occur no less than 14 ealenelar Elays prior to the hearing Elate ana shall be by mail notiee ana posting ef the property that is the subject of the hearing. The preparation of the mail notice ana mailing labels shall apply only to acijacent property owners ef single family zoneel lana ne less than 100 feet to either side, rear and across a street or alley from the exterior property bounelaries of the sblb:ject property. /\s an aelditional ceblrtesy, projeet Elrawings shall ee posted online at the city's planning and zoning weepage. e. Recommendations and appeals. In addition to approving or denying the application, the panel may recommend changes te the conceptual plans and specifications eased en the recommendations of planning department staff ana/or the eemments written or otherv.-ise from any member of the pblblic dblring its deliberation of the item. An appeal of any Eleeision of the SFRRB shall be to a special master appointed by the city commission, in accordance with the proceelures set forth in subsection 118 537(b) of these land development regulations. Thereafter review shall be by petition for ..... rit of certiorari to the circ~::~it court. f. Fees for examination of plans ana specifica:ijens. The tee fpr applications to the SFRRP shall be $1 §0.00. ' '> / :\c~ '.•/ c?:•;~(:;- (b) The development regulations for the R'S-1. RS-2, RS-3, Rs~4 s!Agle-family residential districts are as follows: (1) Lot area and lot width, ~::~nit size and building requirements. The lot ~a, and lot width, unit size and bblileling height requirements for theRS-1, RS-2, RS-3, RS-4 single-family residential districts are as follows: 4 of 10 160 Minimum Lot Area (Square Feet) R$-1 = 30, 000 RS-2 = 18, 000 RS-3 = 10,000 RS-4 = 6,000 Minimum Lot Width (Feet)* RS-1=100 RS-2=75 Oceanfront RS-3 =50 All other RS-3.= 60 RS-4 =50 *Except tfiose lots fronting on a cui de sac or circular street as defined in lqt width. (2) Unit size requirements. MiRiR'Il:JR'I Unit MaxiR'II:IR'I Unit Size (Sq~:~are Size (% of Lot ~ Afea1 eO% ef let ·at=ea witl=l the ability t& iRsFeaso te 7Q% · 1,800 tl=im~:~gl=i S~RRP, FIPB et; 9RB ~f*Eil.el, as ap~licable. .· ••••• Maximum Bt~ilain§l l=lei§JI=It:: 2§ feet fG~ lots eO feet in ~·fiatl=l eF les& bets greateF tl=lan sg feet in la.1,1]Eitl=l: I 'lfl ........... ~ .. A... .. .... ,.,.,. strustures. 33 feet fe~ sle~eel roof StFl:JGti:IFeS. Fleight may alse eo aQ% af lot •.tfidtl=i, 1:113 to a ma:ximum of 33 feet rega~less of lot size 9F FOof ty13e tl=lm~:~gl=l SI=RRF!, FIPB OF I=IF!B 3f3f3F9WI, as af3f3licable. :: l=lei§JI=It sl=lall ee rneas~:~red from grade, as deliReel in sestion 114 1. MaximbiFR ~I~:~R'Iee~ of Stories .., ......... , .... ....,· ' flees eiO'.atieR deteFFRiRatien a. For purposes of this subsection, unit size means the sum of the gross horizontal areas of the floors of a single family home. measured from the exterior faces of exterior walls. However. the unit size of a single family home shall not include the following, unless otherwise provided for in these land development regulations: 1. Uncovered steps. 2. Attic space, providing structural headroom of less than seven feet six inches. 3. Terraces. breezeways, or open porches. 4. Floor space used for required off-street parking spaces. 5 of 10 161 5. Exterior unenclosed private balconies. b. The unit size requirements for the RS-1, RS-2. RS-3. RS-4 single-family residential districts are as follows: 1. Minimum unit size: 1 ,800 square feet 2. Maximum unit size shall not exceed 50% of the lot area. The maximum unit size may exceed 50% of the lot area. up to a maximum of 70%. when approved by the ORB or HPB. as applicable. (3) Lot coverage (building footprint). The lot coverage requirements for the RS-1. RS-2. RS-3. RS-4 single-family residential districts are as follows: a. General. .1. Buildings or structures may occupy a maximum lot co\ferage of 3a 30 percent of the lot area upon which the building or structure is erected administratively through staff level review thro~::~§!h SFRRP approval, design revie~':tjoaFEl or historic preservation eoard approval, as applisaele. · · · f.:. Otherwise, b~uildings or structures may exceed a maximum lot coverage of 30 percent when approved by the ORB or HPB, as applicable. administratively through staff le'Jel revie\•J but in no instance shall occupy A9 · tnore than JG 35 percent of the lot area upon which the building or structure is erected, with the exception of Archite.cturally Significant single family homes. renovated in accordance with section 142-108 herein. b. One-story structures. One-story structures may exceed the maximum 35 percent lot coverage through staff level review a.nd shall be subject to the setback regulations outlined in section 142-106, but in no instance shaU the building footprint exceed 50 percent of the lot area. For purposes of this section, a one-story structure shatt not exceed 18 feet in height as measured from grade. · c. Calculating lot coverage, For purpo~ of calculating lot coverage, the footprint shall be calculated from the exterior face of exterior walls and the exterior face of exterior columns on the ground floor of all principal and a~ory buildings, or portions thereof. However, outdoor covered areas, such as, but not limited to, loggias, covered patios, pergolas, etc., that are open on at least two s~d~,and not covered by an enclosed floor above, shall not be included~in the lot coverage ci:JJCulation. d. Garages. A maximum of 500 square feet of garage space shall not be counted in lot coverage if the area is limited to garage, storage and other non-habitable uses as provided through restrictive covenant and the garage conforms to all the following criteria: .1. The garage is one story in height and not covered by any portion of enclosed floor area above. Enclosed floor area shall be as defined in section 114-1. 2. The vehicular entrance(s} of the garage is not part of the principal facade of the main house. 3. The garage is constructed with a vehicular entrance(s) perpendicular to and not visible from the right-of-way, or the entrance(s) is set back a minimum of five feet from the principal facade of the main house when facing a right-of-way. e. Nonconforming structures. Existing single-family structures nonconforming with respect to sections 142-105 and 142-106, may be repaired, renovated, rehabilitated regardless of the cost of such repair, renovation or rehabilitation, notwithstanding the provisions of chapter 118, article IX, "Nonconformance." Should such an existing structure constructed prior to October 1, 1971, be completely destroyed due to fire or other catastrophic event, through no fault of the owner, such structure may be replaced regardless of the above noted regulations existing at the time of destruction. t. Demolition of architecturally significant single-family homes. Proposed new construction that exceeds the original building footprint of a demolished architecturally significant single- family home shall follow the provisions of section 142-108. 6 of 10 162 (4) Height restriction regulations. The height regulations for the RS-1, RS-2. RS-3, RS-4 single- family residential districts are as follows a. Stories. Unless otherwise noted, the maximum number of stories for all buildings shall not exceed 2 stories above minimum flood elevation. b. Maximum height. The maximum height for all buildings shall be measured from grade. as defined in section 114-1. For lots 60 feet in width or less. the maximum height shall not exceed 25 feet. For lots greater than 60 feet in width, the maximum height shall not exceed 30 feet for flat roof structures or 33 feet for sloped roof structures. Notwithstanding the foregoing, the maximum height may also be 50% of lot width. up to a maximum of 33 feet. regardless of lot size or roof type, through the ORB or HPB approval process. as applicable. c. Exceptions. The height regulation exceptions contained in section 142-1161 shall not apply to the RS-1, 2, 3 and 4 zoning districts. The following exceptions shall apply, and unless otherwise specified in terms of height and location, shall not exceed ten feet above the roofline of the structure. In general, height exceptions that have ng~ been developed integral to the design intent of a structure shall be located in a manner to have .,ca minimal visual impact on predominant neighborhood view corridors as viewed from public rights-of-way and waterways. fB 1. Chimneys and air vents, not to exceed five feet in height. ~ 2. Decks, not to exceed six inches above the main rooflirt$ and not exceeding a combined deck area of 50 percent of the en~d floor area immediately.one floor below. t3t 3. Decorative structures used only for ornamental or aesthetic purposes such as spires, domes, belfries, and covered structures, which are open on all sides, and· are not intended for habitation or to extend interior habitable space. Such structures shall not exceed a combined area of 20 percent of the encloSed floor area immediately one floor below . .(4-14. Radio and television antennas. {Sf 5. Parapet walls, not to exceed three and on~alf feet above the maximum permitted height. . . {61 6. Stairwell and elevator oolkheads in gen:eFar shaft be located to be visually recessive such that they do not become vertical extenSions of exterior building elevations located directly along required setback lines. S~RRP, Approval from the historic preservation board or design review board, apprEVJal as applicable, shall be required when the bulkhead's proximity to a property line is closer than)25 percent of the depth of the nearest required setback yare (s). Depth shall ~ measured perti)endicular from the property line. fB 7. Skylights, not to exceed fu1,e feet above the main roof line. ~ 8. Air conditioning and mechanical equipment not to exceed five feet above the main roof line and may be required to be screened in order to ensure minimal visual impact as identified in the general section description above. (5) Exterior building and lot standards. The following shall apply to all buildings and properties in the RS-1. RS-2, RS-3. RS-4 sif!gle-family residential districts: (1) Exterior bars on entrvways. doors and windows shall be prohibited on front and side elevations, which face a street or right-of-way. (2) Adjusted grade. In no instance shall the elevation of any required yard be higher than one-half the difference between grade, as defined in section 114-1. and the minimum required flood elevation. (6) Non-airconditioned space located below m1n1mum flood elevation. For those properties located in the RS-1. RS-2, RS-3, RS-4 single-family residential districts where the first habitable floor is required to be located five (5') feet or more above grade, in order to meet minimum flood elevation requirements. the following shall apply: {1) The height of the area under the main structure may have a maximum floor to ceiling clearance of 7'-6" from grade. In the event that the minimum flood elevation requires the 7 of 10 163 underside of the slab of the first habitable floor to exceed 7'-6" from grade, such slab shall not exceed the minimum flood elevation as measured from grade. (2) Up to. but not exceeding. 600 square feet of segregated parking garage area may be permitted under the main structure. {3) The area under the first habitable floor of the main structure shall consist of non- airconditioned space. which is substantially open. Such area shall not be subdivided into different rooms. with the exception of the parking garage area. and required stairs and/or elevators. {4) The parking garage area and '!12 of the open. non-airconditioned floor space located at or below grade, and directly below the first habitable floor, shall not count in the unit size calculations. ~ill Conditional use permit An application for a condi:UQnat use approval for a parking lot pursuant to section 142-103 shall be subject to the followiri:g r~aquirements: (4-ta. Only an at-grade, surfaced parking lot shall be perm itt~ pursuant to this subsection. A parking structure, building or garage shall not be PE*'mitted. ~b. An application for a parking lot submitted pt.ltsuant to this subsection shall be subject to the design review procedures, requirements and criteria and the landscape requirements and criteria as set forth in chapter 118, article Vljiand section 134-6, res~ctively. These review criteria are in addition to the required conditionaHJse procedur;es and critetja set forth in chapter 118, article IV. fJ}c. For purposes of this subsection only, a parking lot within the RS-4 district shall not exceed 10,000 square feet in area and 65 feet in width, inclusive of all paved and landscaped areas. {419. Permanent surfaces of a parking lot reviewed pursuant to this subsection shall meet the following minimum setbacks: a-1. Front yard: 20 feet -l:r.2. Side yard, interior: a ~ yard immediately adjacent to the RS-4 district, ten feet; otherwise zero feet &.-3. Rear yard: five feet. t§te. No variances shall be granted from the requirements of this subsection. SECTION 2. That Section 142:-106, "Setba;dk requirements for a single-family detached dwelling", is hereby amended as f6ttows: The setbaCk requirements f<>r a singte4am ily detached dwelling in the RS-1, RS-2, RS-3, RS-4 single-family.residential districts are as follows: ( 1) Front yarcts: The minimum front yard setback requirement for these districts shall be 20 feet a. One-story structures may be l.ocated at the minimum front yard setback line. b. Two-story structures or the second floor shall be set back a minimum of ten additional feet from the required front yard setback line. c. Up to 50 percent of the:pevelopable width of the second floor may encroach forward to the 20-foot setback line through staff level review. Portions that encroach forward in excess of 50 percent shall require SFRRP, historic preservation board, or design review board approval, as applicable. d. At least 35 percent of the required front yard area shall be sodded or landscaped pervious open space. With the exception of driveways and paths leading to the building, paving may not extend any closer than five feet to the front of the building. (2) Side yards: a. The sum of the required side yards shall be at least 25 percent of the lot width. e,.b. Side, facing a street. Each required side yard facing a street shall be no less than ten percent of the lot width or 15 feet, whichever is greater. Also. at least 35 percent of the required 8 of 10 164 side yard area facing a street shall be sodded or landscaped pervious open space. With the exception of driveways and paths leading to the building, paving may not extend any closer than five feet to the front of the building. a.c. Interior sides. Any one interior side yard shall have a minimum of ten percent of the lot width or seven and one-half feet, whichever is greater. &.-d. Two-story side elevations located in proximity to a parallel to a side property line shall not exceed 50 percent of the lot depth, or 80 feet, whichever is less, without incorporating additional open space, in excess of the minimum required side yard, directly adjacent to the required side yard. The additional open space shall be regular in shape, open to the sky from grade, and at least eight feet in depth, measured perpendicular from the minimum required side setback line. The square footage of the additional open space shall not be less than one percent of the lot area. The threshold of the proximity shall be equal to or less than 150 percent of the width of the required side yard setback. The intent of this regulation s~ be to break up long expanses of uninterrupted two-story volume at or near the required side yard setback line and exception from this provision may be granted only through SFRRP, historic preservation board, or design review board approval, as applicable. · e. Nonconforming yards. Llf tAe ~ single-family structure is renovated in excess of 50 percent of the value determination, as determined by the building official pursuant to the standards set forth in the Florida Building Code, any new construCtion in connec;tion with the,~novation shall meet tAe all setback regulations existing at the time, unless Otherwise exempted under chapter 118. article IX of these Land Development Regulation$. 2,. When an existing single-family strUcture is being renovated less than 50 percent of the value determination. as prescribed by the building offiCial pursuant to the standards set forth in the Florida Building Code. and the sum oftbe side yards is less than 25 percent of the lot width, any new construction. whether attached or detached, including additions. may retain the existing sum of the Side.vards, provided that the sum of the side yards is not decreased. LWhen an existing single-family structure is f)efng renovated less than 50 percent of the value determination, as prescribed by the butlding official pursuant to the standards set forth in the Florida Building Code, and has a nonconforming interior side yard setback of at least five feet, the interior side .yard setback of neVI{ c;onstruction in connection with the existing building may be allowed to foffow the existing·t),uilding lines. The maintenance of tAe this nonc;onforming interior side yard setback shall apply to the construction of a second floor addition to single-family. homes constructed prior to September 6. 2006. and to the linear extension of a single story building, as long as the addition does not exceed 18 feet in height as measured from grade. If the linear extension is two-stories, the second floor shall meet the minimum required yards and the recessed area created by this setback shall not be accessible or habitable. This shall also apply to the construction of a second floor addition to single family homes. constructed as of (the effective date of this ordinance). Notwithstanding the foregoing, if an e:xisting interior side yard is less than five feet. the minimum side yard for any new construction or addition on that side shall be ten percent of the lot width or seven and one-half feet. whichever is greater. The construction of a ground floor addition of more than one story shall follow the required setbacks. (3) Rear: The rear setback requirement shall be 15 percent of the lot depth, 20 feet minimum, 50 feet maximum. At least 70 percent of the required rear yard area shall be sodded or landscaped pervious open space; the water portion of a swimming pool may count toward this requirement. SECTION 3. 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 9 of 10 165 relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 4. REPEALER. All ordinances or parts of ordinances in confHct herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. . This Ordinance shall take effect ten days following adoj)tlon. PASSED AND ADOPTED this __ day of_.,......,__....,.. ___ , 2013. ATTEST: CITY CLERK First Reading: Second Reading~ 12013 '2013 Verified .by:--------,-- Richard Lorber, AICP .· Acting Planning Director Underscore denot~~ new languag~ 08/27/2013 MAYOR APPROVED AS TO FORM & LANGUAGE & FQR EXECUTION City Attorney T:\AGENDA\2013\September 11\Referral to LUDC-Oversized SF Regs DRAFT ORO June 2013 PB.docx 10 of 10 166 Date THIS PAGE INTENTIONALLY LEFT BLANK 167 ~ 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 City Commission FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: REFERRAL TO THE PLANNING OARD- PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO REGULATE RELIGIOUS INSTITUTIONS IN MULTI-FAMILY RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DISTRICTS IN THE SAME MANNER AS OTHER ASSEMBLY USES WITH SIMILAR OCCUPANCY ADMINISTRATION RECOMMENDATION Refer an Ordinance Amendment to the Planning Board for consideration and recommendation. BACKGROUND/ANALYSIS On February 6, 2013, the City Commission referred a discussion item to the Land Use and Development Committee pertaining to the regulation of religious institutions in multi-family residential, commercial and industrial zoning districts in the same manner as other assembly uses with similar occupancy. Specifically, Federal Laws provide religious institutions with certain protections under the Religious Land Use and Institutionalized Persons Act (RLUIPA), which is the Federal act addressing religious institutions and zoning. The proposed legislation would conform the City's Land Development Regulations with Federal Law. On July 22, 2013, the Land Use and Development Committee referred the item to the Planning Board as an Ordinance amendment. CONCLUSION The Administration recommends that the Mayor and the City Commission refer an Ordinance Amendment to the Planning Board for consideration and recommendation. JLM/~/R~t/TRM T:\AGENDA\2013\September 11\Referral to Planning Board -Religous Institutions in Multifamily Zones.docx 168 Agenda Item C V F Date 9~1/-13 THIS PAGE INTENTIONALLY LEFT BLANK 169 lrl 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: September 11, 2013 SUBJECT: REFERRAL TO THE PLANNING B RD- PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO EXPAND THE PERMITTED USES OF RM-2 ZONED PROPERTIES TO INCLUDE OFFICE USES FOR HOTELS ADMINISTRATION RECOMMENDATION Refer an Ordinance Amendment to the Planning Board for consideration and recommendation. BACKGROUND/ANALYSIS On March 13, 2013, the City Commission referred a discussion item to the Land Use and Development Committee regarding the expansion of accessory use regulations for hotels located in RM-2 districts. Specifically, the proposal would allow offices that are incidental and customary to a hotel in the RM-3 district, fronting Collins Avenue, to be located in an adjacent RM-2 district that is no more than 1,200 feet from the property On July 22, 2013, the Land Use and Development Committee referred the item to the Planning Board as an Ordinance amendment. CONCLUSION The Administration recommends that the Mayor and the City Commission refer an Ordinance Amendment to the Planning Board for consideration and recommendation. ClfiJ! R.t... JLM/JMJ/RGL!TRM T:\AGENOA\2013\September 11\Referral to Planning Board-RM2 Hotel Accessory Uses.docx 170 Agenda Item Date THIS PAGE INTENTIONALLY LEFT BLANK 171 ------------------------------ 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 M FROM: Jimmy L. Morales, City Manager TH---~ DATE: September 11, 2013 SUBJECT: REFERRAL TO THE PLANNING OARD - PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS THAT WOULD ADDRESS AND CLARIFY THE ELIGIBILITY FOR CONTRIBUTING BUILDINGS IN HISTORIC DISTRICTS TO BE CONVERTED TO BED & BREAKFAST INNS ADMINISTRATION RECOMMENDATION Refer an Ordinance Amendment to the Planning Board for consideration and recommendation. BACKGROUND/ANALYSIS On March 13, 2013, the City Commission referred an Ordinance to the Land Use and Development Committee that would address and clarify the eligibility for contributing buildings in historic districts to be converted to bed & breakfast inns within the City of Miami Beach. On July 22, 2013, the Land Use and Development Committee referred the proposed Ordinance (see attached) to the Planning Board with a favorable recommendation. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the proposed Ordinance Amendment to the Planning Board for consideration and recommendation. Attachment (t ~..­ JLM/~RGLITRM T:\AGENDA\2013\September 11\Referral to Planning Board-Bed & Breakfast Criteria.docx 172 Agenda Item C. t{ H Date '/-({-13 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 142, "ZONING DISTRICTS AND REGULATIONS" ARTICLE V "SPECIALIZED USE REGULATIONS ," DIVISION 7 " BED AND BREAKFAST INNS," TO ADDRESS AND CLARIFY THE ELIGIBILITY FOR CONTRIBUTING BUILDINGS IN HISTORIC DISTRICTS TO BE CONVERTED TO BED & BREAKFAST INNS WITHIN THE CITY OF MIAMI BEACH; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Code contains provisions for permitting bed and breakfast inns; and WHEREAS, these provisions are limited and targeted at preserving historic buildings while permitting single family homes in historic districts to have options for such usage in order to incentivize their restoration; and WHEREAS, in 2010 the Bed and Breakfast ordinance was amended to permit limited accessory assembly use in very limited cases; and WHEREAS, after the amendment was adopted it was found to contain language that inadvertently permitted apartment buildings that had been converted to single family usage to then be converted to transient use, which is contrary to the intention of the original ordinance; and WHEREAS, the amendment set forth below is necessary to clarify the eligibility for Bed and Breakfast Inns to correct this oversight; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Sec. 142-1401. Conditions for bed and breakfast inns. Bed and breakfast inns are permitted with the following conditions: (1) The use shall be situated in a contributing building and located in a locally designated historic preservation district. The use may also be situated in a noncontributing building if it is restored to its original historic appearance and re-categorized as "contributing." (2)The owner of the bed and breakfast inn shall permanently reside in the structure. (3) 173 (a) The structure shall have originally been constructed as a single- family residence; or (b) The existing structure shall not have originally been constructed as an apartment building or be is--Ret-classified by the city as an apartment building as defined in section 114-1 of the City Code. The structure may have original auxiliary structures such as a detached garage or servant's residence, but shall not have noncontributing multifamily or commercial auxiliary structures. * * * Section 2. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. Section 3. Codification. It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, as amended; that the sections of this Ordinance may be re- numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 5. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of ____ 2013. ATTEST: CITY CLERK First Reading: City Attorney 174 MAYOR APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION Date Second Reading: Verified By: Richard G. Lorber, AICP Acting Planning Director Underline = new language Strikethro~::~gh = deleted language T:\AGENDA\2013\September 11\Referral to Planning Board-Bed & Breakfast Criteria DRAFT ORDINANCE.docx 175 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: August 26, 2013 Re: Referral to Neighborhoods/Community Affairs Committee Please place on the consent agenda for the September 11, 2013 City Commission Meeting, a referral to the Neighborhoods/Community Affairs Committee, an item to discuss the possible renaminJl of 21st Street from Miami Beach Drive to Washington Avenue as "Collins Park South" and 22n Street from Miami Beach Drive to Dade Boulevard as "Collins Park North." Should you have any questions, please contact Gabrielle Redfern at extension 6157. Thank you. MHB/ fgr 176 Agenda Item C.l..f I Date 9-11-13 THIS PAGE INTENTIONALLY LEFT BLANK 177 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: August 26, 2013 Re: Referral to Land Use and Development Committee In May of this year, the Historic Preservation Board resolved to urge the City Commission to consider adopting regulations similar to the City of Coral Gables in regards to the review of total demolition requests of any structure 50 years old or older. I wish to refer the Coral Gables Ordinance (attached) to the next Land Use and Development Committee Meeting and make it a part of the upcoming Special Public Workshop on Architecturally Significant Homes. Should you have any questions, please contact Gabrielle Redfern at extension 6157. Thank you. MHB/ fgr 178 Agenda Item C C{ 7 Date f-11-13 (9 MIAMI BEACH City of Mie~mi Bee~ch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamlbeachn.gov OFFICE OF THE CITY MANAGER LTC NO. 185-2013 LETTER TO COMMISSION TO: Mayor Matti Herrera Bower and Members of the City Commission DATE: May 28, 2013 SUBJECT: City of Coral Gables Demolition Or inance Attached, please find a copy of a resolution adopted by the Historic Preservation Board at their May 14, 2013 meeting. The Board is urging the Mayor and City Commission of the City of Miami Beach to consider adopting a demolition ordinance for single family residences, as similar as possible to the City of Coral Gables Ordinance, which requires review of total demolition requests for any structure 50 years of age or older, by the City's Historic Preservation Officer, in order to determine if the structure should be brought to the Historic Preservation Board for Historic Designation consideration. Please advise if you would like this matter scheduled for an upcoming Land Use and Development Committee meeting. Attac~nt (1) JLM:V4:!Ji::G'L:w~ F:IPLANI$ALL\GEN_CORR~NTEROFF\LTC-CORAL GABLS DEMO OROIANCE.DOCX C: Jorge G. Gomez, Assistant City Manager Rafael E. Granado, City Clerk Richard Lorber, Acting Planning Director Gary Held, First Assistant City Attorney 179 (J -; -< n j"·. rrr A' _ ... , Ul a -q n M""l ....... J c:!!l ;::::; :it ;:p.. -< N U) .., :.l:: (& ~ O'.:l ;tJ fTl c·) ·n <. (11 ';"..J 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 and to improve the appearance of new construction; and 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 City of Miami Beach Historic Preservation Board deems it appropriate to protect 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 Board as well as many local residents have noted with alarm the increasing rate of total demolition of significant homes for replacement with much larger new homes. THEREFORE, it is hereby resolved that the Historic Preservation Board urges the Mayor and City Commission to consider adopting a demolition ordinance for single family residences, as similar as possible to the City of Coral Gables Ordinance, which requires review of total demolftion requests for any structure 50 years of age or older, by the City's Historic Preservation Officer, in order to determine if the structure should be brought to the Historic Preservation Board for Historic Designation consideration. PASSED AND ADOPTED THIS 14th DAY OF May, 2013. William H. Cary Assistant Director of Planni g For the Historic Preservation Board F:IPLAN\$HPBIRESOS\2013 Resos\RES-Coral Gables demo ord_sf.docx 180 ARTICLE 3 -DEVELOPMENT REVIEW Section 3·1107. Demolition. A. No permit for demolition of a designated building, structure, improvement or site shall be issued to the owner thereof until an application for a Special Certificate of Appropriateness has been submitted and approved pursuant to the procedures in this Article. Denial of such application indefinitely and refusal by the Board to grant a Special Certificate of Appropriateness to demolish shall be evidenced by written order detailing the public interest which is sought to be served. The Historic Preservation Board shall be guided by the criteria contained in subsection (D) below. B. The Board may grant a Special Certificate of Appropriateness to demolish with a deferred effective date. The effective date shall be determined by the Board based upon the sign~nce of the structure and the probable time required to arrange a possible alternative to demolition. Duling the demolition deferral period, the Board may take such steps as it deems necessary to preserve the structure concemed, in accordance with the purposes of this division. Such steps may inc!ude, but shall not be limited to, consultation with civic groups, public agencies and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one (1) or more structures or other features. After the specffied expiration of the deferred Special Certificate of Appropriateness, a demolition permit shall be issued if requested forth\Nith by the appropriate administrative officials. C. As a condition of granting any Certificate of Appropriateness, standard or special, for demolition of buildings or improvements designated as historic landmarks or located in an historic landmark district, the Board may require at the owner's expense, salvage and preservation of specified classes of building materials, architectural details and ornaments, fixtures, and the like for reuse in restoration of other historic properties. The Board may also require, at the owner's expense, the recording of the improvement for archival purposes prior to demolition. The recording may include, but shall not be limited to, photographs and scaled architectural drawings. D. In addition to all other provisions of this Division, the Board shall consider the following criteria in evaluating applications for a Special Certificate of Appropriateness for demolition of designated properties: 1. The degree to which the building, structure, improvement or site contributes to the historic and/or architectural significance of the historic site or district; 2. Whether the building, structure, improvement or site is one of the last remaining examples of its kind in the neighborhood, the county or the region; 3. Whether the loss of the building, structure, improvement or site would adversely affect the historic and/or architectural integrity of the historic site or district; 4. Whether the retention of the building, structure, improvement or site would promote the general welfare of the City by providing an opportunity for study of local history, architecture, and design or by developing an understanding of the importance and value of a particular culture and heritage; 5. Whether architectural plans have been presented to the Board for the reuse of the property if the proposed demolition were to be carried out, and the appropriateness of said plans to the character of the historic site or district. if applicable; and demonstration as well as the posting of a bond requirement that there are sufficient funds in place to carry out such plans; 6. Whether the building, structure, improvement or site poses an imminent threat to the public health or safety; 7. Whether the applicant has demonstrated that retention of the building, structure, improvement or site would create an unreasonable or undue economtc hardship as described in Section 3-1115; and 8. Whether there is a compelling public interest requiring the demolition. Article 3 -Development Review 3--62 181 ARTICLE 3-DEVELOPMENT REVIEW E. As a condition of granting a Certificate of Appropriateness for demolition, the Historic Preservation Board may require that no building permit be issued for the demolition of said structure until a building permit for the construction of a new building has been issued. F. The owner of the property shall permit access to the subject property for the purpose of inspections and/or appraisals required by the Historic Preservation Board or Historic Preservation Officer. G. No permit for demolition of a non~esignated building shall be issued to the owner thereof without prior notification by the Building Official to the Historical Resources Department. All demolition permits for nan- designated buildings must be approved and signed by the Director of the Historical Resources Department. Such signature is valid for six (6) months and shall thereafter expire and the approval deemed void unless the demolition permit has been issued by the Building and Zoning Department. The Historical Resources Department may require review by the Historic Preservation Board if the building to be demolished is considered eligible for designation as a local historic landmark or as a contributing building or property within an existing local historic landmark district. The public hearing shall be held at the next regularly scheduled meeting tf the provided statutory notice is complied with at which time the provisions of this Div!sion shall apply. The determination of historic significance and eligibility for designation as a local historic landmark by the Historic Preservation Board is a non-final and non-appealable decision. H. The damage, destructiorl, or demolition of any building, structure, improvement or site or portion thereof protected by this Division (a) for which a certificate of appropriateness for demolition has not been granted, or (b) which was carried out in violation of the provisions for demolition and demolition by neglect under the provisions of this Secttan, shall cause the City to reject an application for a building permit until the following criteria have been met:· 1. A pre-application shall be submitted to the Historical Resources Department containing the following information: a. A detailed sworn explanation outlining the facts surrounding the unlawful damage, destruction, or demolition. b. Evidence that any and all code enforcement fines have been paid. c. Evidence that all violations on the property have been corrected or a stipulation outlining the agreed upon steps to correct all outstanding violations. 2. Review and approval of the Historical Resources Department checklist by the following departments so that the applications for issuance of a building permit may proceed. a. Building and Zoning. b. Planning_ c. Public Works. d. Public Service. e. Historic Resources. f. City Manager. g. City Attorney. 3. All approvals issued within the parameters of this section shall not be construed to be a development order and shall not be evidence of approval by any of the City's departments of the building permit. Article 3-Development Review 3-63 182 ARTICLE 3 -DEVELOPMENT REVIEW I. The ad valorem tax exemption provided for under Sections 3-1118-1120 does not apply to buildings, structures, improvements or sites that have been demolished in violation of this Section. Section 3-1108. Demolition by neglect. A. Demolition by neglect is any failure to comply with the minimum required maintenance standards of this Section, whether deliberate or inadvertent. B. The owner of any building, structure, landscape feature, improvement, site or portion thereof which has been historically designated pursuant to the Historic Preservation provisions of this Division shall be required to properly maintain and preserve such building or structure in accordance with the standards set forth in the applicable sections of the Florida Building Code, and this Division. 1. It is the intent of this Section to preserve from deliberate or inadvertent neglect, the interior, exterior, structural stability and historic and architectural integrity of any historically designated building, structure, landscape feature, improvement, site or portion thereof. All such properties, building and structures shall be maintained in accordance to minimum maintenance standards, preserved against decay, deterioration and demolition and shall be free from structural defects through prompt and corrective action to any physical defect which jeopardizes the building's historic, architectural and structural integrity; such defects shall include, but not be limited to, the following: a. Deteriorated and decayed facades or fa~ade elements, including but not limited to, facades which may structurally fail and collapse entirely or partially; b. Deteriorated or inadequate foundations; c. Defective or deteriorated flooring or floor supports or any structural members of insufficient size or strength to carry imposed loads with safety; d. Deteriorated walls or other vertical structural supports, or members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration; e. Structural members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration; f Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken or missing windows or doors; g. Defective or insufficient weather protection which jeopardizes the integrity of exterior or interior walls, roofs or foundations, including lack of paint or weathering due to lack of paint or other protective covering; h. Any structure which is not properly secured and is accessible to the general public; i. Any fault or defect in the property that renders it structurally unsafe or not properly \ll/8tertight;_and j. Tho spalling of the concrete of any portion of the interior or exterior of the building. 2. A City code enforcement official who finds a violation of this Section shaD issue a written warning to the violator to immediately COITect the violation. If any building, structure, landscape feature, improvement, site, or portion thereof which has been historically designated pursuant to the Historic Preservation provisions, in the opinion of the Historic Preservation Board, or the Historic Preservation Officer in this Division, or the City's Building Official, falls into a state of disrepair so as to potentially jeopardize its structural stability and/or architectural integrity, and/or the safety of the public and surrounding structures, the Historic Preservation Officer or the City's Building Official shall have right of entry onto the subject 183 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO Mayor Matti Herrera Bower and Members of the City Commission FROM: Jose Smith, City Att DATE: September 11, 20 SUBJECT: REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE- PROPOSED AMENDMENT TO CHAPTER 6, ALCOHOLIC BEVERAGES, TO CORRECT SCRIVENER'S ERRORS REGARDING ON-PREMISES AND OFF- PREMISES CONSUMPTION RECOMMENDATION Refer this matter to the Land Use and Development Committee for consideration and recommendation on an ordinance amendment to correct these errors. BACKGROUND/ANALYSIS The City Attorney's Office has noticed that Chapter 6, Article I, Section 6-3, was incorrectly amended, and inadvertently omitted language concerning on-premises consumption of alcoholic beverages, substituted instead with duplicated language concerning off-premises consumption. Section 6-3(3) provides regulations for the permitted hours of on-premises consumption of alcoholic beverages in various types of alcoholic beverage establishments, as referenced in subsections a-c. Subsection 6-3(3), however, begins with the language: "Off-premises package sales shall be permitted between the hours of 8:00 a.m. and midnight, for all establishments licensed as alcoholic beverage establishments." This is a duplication of language already in subsection 6-3(4), which provides: "Off-premises package sales shall be permitted between the hours of 8:00 a.m. and 11:00 p.m., for all establishments licensed as alcoholic beverage establishments." This error was made in Ordinance 2003-3403, when subsection 6-3(4), intending to amend the closing hours for sale of alcoholic beverages for off-premises consumption was changed from 11:00 p.m. to midnight, instead amended subsection 6-3(3), and left subsection 6- 3(4) with the old 11:00 p.m. closing time. Thus, subsection 6-3(3) should commence with the following language (taken from the code as it existed prior to 2003: All establishments licensed as alcoholic beverage establishments (midnight to 5:00a.m.), either as permitted main or accessory uses, shall only offer for sale the on-premises consumption of alcoholic beverages within the hours of 8:00 a.m. and 5:00a.m. on any day of the week. And subsection (4) should be corrected to have the correct closing time for sales of alcoholic beverages for off-premises consumption, per the City Commission's last action on that subject: Off-premises package sales shall be permitted between the hours of 8:00 a.m. and -4-4700 ~midnight, for all establishments licensed as alcoholic beverage establishments. The full section 6-3, with corrections proposed, is attached to this memo. CONCLUSION The City Attorney recommends that the Mayor and the City Commission refer this matter to the Land Use and Development Committee for consideration and recommendation on an ordinance to correct these errors. JS/G~ T:\AGENDA\2013\September 11\Referral to LUDC-Correct error in Code resale of alcoholic beverages.docx 184 Agenda Item __ c_V;,..__:k_ Date 9-11-13 Sec. 6-3. Hours of sale. The hours of sale of alcoholic beverages shall be according to the following schedule, except as may be otherwise provided pursuant to subsection (7): (1) Retall stores for package sales only, either as permitted main or accessory uses. Vendors having a license from the state division of alcoholic beverages and tobacco for the sale of liquor and other alcoholic beverages for consumption off the premises shall only offer for sale alcoholic beverages within the hours of 8:00a.m. and midnight on any day of the week. (2) Retail stores, including grocery and convenience stores, and gasoline service/filling stations, either as permitted main or accessory uses, which primarily offer for sale products other than alcoholic beverages may make sales of beer and wine in sealed containers for consumption off the premises between the hours of 8:00 a.m. and midnight on any day of the week. (3) All establishments licensed as alcoholic beverage establishments (midnight to 5:00 a.m.). either as permitted main or accessory uses. shall only offer for sale the on- premises consumption of alcoholic beverages within the hours of 8:00 a .. m. and 5:00 a.m. on any day of the week. Off premises package sales shall be permittee bet\veen the hours of 8:00a.m. and midnight, for all establlshments licensed as alooholic beverage establishments. a. Restaurants with full kitchen facllities, serving full meals, licensed as alcoholic beverage establishments (midnight to 5:00a.m.), but not operating as dance halls or entertainment establishments, may remain open 24 hours a day; however, alcoholic beverages may not be offered for sale or on- premises consumption between the hours of 5:00a.m. and 8:00a.m. b. Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic beverage establishments (midnight to 5:00a.m.), and also operating as dance halls, or entertainment establishments, may remain open 24 hours a day; however, alcoholic beverages may not be offered for sale or on-premises consumption between the hours of 5:00a.m. and 8:00 a.m., and dancing and entertainment shall not be conducted between the hours of 5:00 a.m. and 10:00 a.m. c. Other alcoholic beverage establishments (midnight to 5:00a.m.), not containing restaurants with full kitchen facilities, shall close at 5:00 a.m. and keep closed the place of business and not allow any patron or other persons, other than those employed by the vendor, to remain therein between the hours of 5:00 a.m. and 8:00a.m. Note: For purposes of this section, full kitchen facilities shall mean having commercial grade burners, ovens and refrigeration units of sufficient size and quantity to accommodate the occupancy content of the establishment. Full 185 kitchen facilities must contain grease trap interceptors, and meet all applicable city, county and state codes. (4) Off-premises package sales shall be permitted between the hours of 8:00a.m. and 11 :QQ f'>.FR. midnight, for all establishments licensed as alcoholic beverage establishments. (5) Private clubs, either as a permitted main or accessory use, shall be considered pursuant to subsection 6-2(a). Hours of operation and the consumption of alcoholic beverages will be considered between the hours of 8:00a.m. and 5:00a.m., Monday through Sunday, provided that service is made only to members and guests of members pursuant to Florida Statutes. However, any private club permitted to remain open after 2:00a.m. shall purchase an extra-hours license and must provide for security in its premises by hiring private security guards or off-duty police officers between the hours of 2:00a.m. and 5:00a.m. each day. Private clubs securing a license from the state division of alcoholic beverages and tobacco by complying with the requirements of F.S. § 561.20 for racquetball, tennis or golf course facilities may admit members at any time for use of such facilities, but may not serve alcoholic beverages after 2:00a.m. each day unless such private club is the holder of an extra- hours license and complies with the above requirements. (6) Upon a finding by the special master that a violation of this section has occurred, the city may initiate proceedings to revoke the certificate of use, occupational license, or certificate of occupancy of the violator. In addition, this section may be enforced and violations may be punished as second degree misdemeanors, as provided in F.S. §§ 775.082 and 775.083. (7) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted to remain open to serve alcoholic beverages for on-premises consumption until 5:00 a.m. may continue to serve alcoholic beverages (i) until 7:00a.m. on January 1 (New Year's Day) or, if January 1 is on a Sunday, until 7:00a.m. on Monday if the day that is observed as a national holiday for New Year's Day is on Monday, and (ii) until 7:00 a.m. during certain major event days or weekends as may be designated by the city commission or as may be designated by the city manager following approval by the city commission, under the following conditions: a. The police department and the code compliance division of the city must be notified by a letter, received no later than 15 business days prior to either (a) January 1 or (b) the day on which alcohol sales are to be extended, stating that the alcoholic beverage establishment intends to serve alcoholic beverages for on-premises consumption until 7:00 a.m.; b. If deemed reasonably necessary by the police chief, or the police chiefs designee, off-duty police officers must be provided at the alcoholic beverage establishment until7:00 a.m.; c. There are no pending city Code violations against the alcoholic beverage establishment; 186 d. No delinquent or past due monies are owed to the city; e. Outdoor entertainment or open-air entertainment is not allowed; f. No violation of the city's noise ordinance shall be permitted; g. No violation of the approved fire code occupancy load shall be permitted; h. All required city permits and licenses are current; i. The State of Florida alcoholic beverage license is current; and j. Any other conditions required by the city manager in order to protect the public health, safety, or welfare. Alcoholic beverage establishments set forth in subsections (3) and (5) permitted to remain open to serve alcoholic beverages for on-premises consumption until 5:00a.m. may continue to serve alcoholic beverages until 6:00a.m. on the first day of daylight savings time in the spring. (8) The city manager may suspend the provisions of subsection (7) at any time to protect the public health, safety, or welfare. (Ord. No. 89-2665, § 12-1C eff 10-1-89. Ord. No. 98-3132. §§ 1 3, 7-15-98. Ord No. 99-3222, § 1. 12- 15-99: Ord. No. 2001-3286. § 1. 1-10-01. Ord. No 2003-3403. § ·1 3-19-03· Ore!. No. 2007-3556, § 1. 4- 11-2007) 187 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Jimmy Morales, City Manager .. _ .AV Michael Gongora, Commissioner ~ August 28, 2013 MEMORANDUM SUBJECT: Referral Item for September 11 Commission Meeting Please place on the September 11 Commission Meeting a referral to the Land Use Committee to consider an amendment to Article II, Section 142 of the Land Development Regulations, to modify the regulations pertaining to minimum hotel unit size requirements in the City's commercial zoning districts, permitting nonconforming historic hotels to be significantly renovated without the need for additional variances for unit size. This is similar to the amendment addressing minimum unit size in residential districts, currently scheduled for second reading at the September 11, 2013 Commission meeting. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 188 Agenda Item Date C.({L 9-11-13 THIS PAGE INTENTIONALLY LEFT BLANK 189 ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Michael Gongora, Commissioner DATE: August 28, 2013 SUBJECT: Referral Item for September 11 Commission Meeting Please place on the September 11 Commission Meeting a referral to the Neighborhood Committee to discuss the Disability Access Committee's motion in regards to alternative leaf blowers. Please see motion attached. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 190 Agenda Item C <f f\1 Date 'lfl-13 C9 MJAMJ BEACH OFFICE OF THE CITY MANAGER '-~~---- 268·2013 LETTER TO COMMISSION TO: FROM: DATE: Mayor Matti Herrera Bower and Members of the City Commission Jimmy L. Morales, City Manager jt1-/ P July 31, 2013 SUBJECT: Disability Access Committee Motion-Alternative LEAF BLOWER The purpose of this Letter to Commission is to provide you with correspondence received from the Disability Access Committee regarding the above subjects. !.> -I -< n r- ;.i ;:r;: :;::::: C/) <..'? -.-, -,., n m 191 .,_, (:;:) Co.l.l :Do c:: G"') I Cf\ l:=> :X ??. N <XI ::0 m ~ .. j ~1 < ,., ......... ....J David New, Chairman TO: Mayor Matti Herrera Bower and Members of the City Commission Sabrina Cohen, Vice-Chairman Members: Andrew Feuerstein Barbara Gotlinski Elaine Litvak Helen Swartz David McCauley Lawrence Fuller Lee Weiss Russell Hartstein Susan Solman Susana Maroder Wendy Unger FROM: David New, Disability Access Committee Chair DATE: July 31, 2013 SUBJECT: Disability Access Committee Motion Dear Mayor and Honorable City Commission: The Disability Access Committee met on July 16, 2013 and passed the below motion regarding alternative leaf blowers. The Disability Access Committee we would like to info.rm our concerns regarding the use of gas-powered leaf blowers. The problems being: 1. Noise pollution. 2. Air pollution (they gasoline powered). 3. Disorienting and dangerous for someone who is visually impaired, for example those who are visionally impaired cannot hear oncoming traffic. 4. Disruptive to service animals. The Disability Access Committee is recommending the use of electric "whisper quiet" core power leaf blowers. As an Advisory Committee, we sincerely ask that consideration. be given to the above motion. Sincerely, Disability Access Committee cc; Sustainability Committee 192 THIS PAGE INTENTIONALLY LEFT BLANK 193 ~~~-------- MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO Jimmy Morales, City Manager FROM: Michael Gongora, Commissioner DATE August 28, 2013 SUBJECT: Referral Item for September 11 Commission Meeting Please place on the September 11 Commission Meeting a referral to the Land Use Committee to discuss the Beachwalk II Project-Phase II (3rd Street to 5th Street). If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 194 Agenda Item l:.lf # Date 9-11-13 THIS PAGE INTENTIONALLY LEFT BLANK 195 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: September 4, 2013 Re: Referral to Land Use and Development Committee Please place on the September 11, 2013 City Commission Agenda a consent item to refer a discussion regarding the creation of an overlay district including and adjacent to, or possible rezoning of, the property located at 1729 Lenox Avenue to accommodate additional children at the Temple Beth Shmuel Montessori School to the next Land Use and Development Committee meeting. Should you have any questions, please contact Gabrielle Redfern at extension 6157. Thank you. MHB/ fgr 196 Agenda Item C '!; 0 Date f... J-t 3 THIS PAGE INTENTIONALLY LEFT BLANK 197 ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales; City Manager FROM: Jerry Libbin, Commissioner DATE: September 3, 2013 SUBJECT: Referral item for the September 11, 2013 Commission meeting Please place on the September 11th Commission agenda, a referral item to the Neighborhood/Community Affairs Committee regarding the attached Recycling Ordinance Amendment recommended by the Sustainability Committee. The amendment changes the number of multifamily units required to recycle from nine or more units to two or more units. Please contact my office at ext. 7106 if you have any questions. Attachment JL/er We ore commilled lo prO'<iding exoolknl public seMce and sole•y lo all who live-, work, and play in ou1 vibrcml, lropical, hi;;toric communi!).•. 198 Agenda Item ---=t:..=-'1-'--P~­ Date f-11-1'3 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 usOLID WASTE," BY AMENDING ARTICLE V, ENTITLED ''CITYWIDE RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS," BY AMENDING SECTION 90-340, ENTITLED 11 RECYCLING PROGRAM AND SEPARATION OF RECYCLABLE MATERIALS FROM SOLID WASTE STREAM REQUIRED FOR MULTIFAMILY RESIDENCES OF NINE (9) DWELLING· UNITS OR MORE; OWNER/ASSOCIATION LIABILITY; RECYCLING CONTRACTORS' ASSISTANCE," TO APPlY TO MULTIFAMILY RESIDENCES OF TWO (2) OR MORE DWELLING UNITS; PROVIDING FOR REPEALER SEVERABILITY, CONDIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the recycllng 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 "Ordinance"), the City established a Cltyvvide Recycling Program far multifamily residences with nine (9) dwelling units or more and commercial establishments that provides standards that are equivalent to or exceed the minimum recycling requirements of Miami-Dade County; and WHEREAS, multifamily residences with eight (8) or less dwelling units are not currently required to provide a recycling program or to use a single stream recycling process under the Ordinance; and, WHEREAS, at the July 19, 2013 City Commission meeting, it was requested that the Commission consider the Sustainability Committee's recommendation to include residences that are between two (2) and eight (8) units within the requirements of the Ordinance. 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: 199 CHAPTER 90 SOLID WASTE ARTICLEV. CITYWIDE RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS * Sec. 90~340. Recycling program and separation of recyclable materials from solid waste stream required for multifamily residences of fline {9} d!!Jelling w11its er R'I9Fe two (2) or more dwelling units; owner/association liability; recycling contractors' assistance. (a) As of January 1, 2013, every multi-family residence of nine (9) d•Nelling ~:~nits eF ffi&Fe two {2) or more dwelling units shall provide a recycling program pursuant 1o this section or a City approved modified recycling program pursuant to section 90-344. The property owner shall be liable for the failure to provide a recycling program or a modified recycling program approved by the City, provided, however that a condominium or cooperative apartment having a condominium association or a cooperative apartment association shall be liable, rather than the individual uni1 owner(s), for a violation of this subsection. Further, recycling contractors shall assist and provide written notice to the director of public works in identifying multifamily residences subject to this article which do not have a recycling program or, in the altemative, which have allowed a recycling program to lapse or expire. (b) As oi' January 1, 2013, every multi-family residence of nine (Q) El•,,•elllng ~nits er FAere · two {2) or more dwelling units shall be required to use a single stream recycling process to separate, from all other solid waste, the five (5) following recyclable materials: 1) Newspaper. Used or discarded newsprint, including any glossy inserts; 2) Glass. Glass jars, bottles, and containers of clear, green or amber {brown) color of any si2:e or shape used to store and/or package food and beverage products for human or animal consumption, and/or used to package other products, which must be empty and rinsed clean of residue. This term excludes ceramics, window or automobile glass, mirrors, and lightbulbs; 3) Metal food and beverage containers. All ferrous and nonferrous (i.e., including, but not limited to, steel, tin-plated steel, aluminum and bimetal) food and beverage containers (i.e., Including, but not limited to, cans, plates, ar.d trays) of any size or shape used to store and/or package food and beverage products suitable for humah or animal consumption, which must be empty and rinsed clean of residue; 4) Other metal containers. All other ferrous and non ferrous containers used tq package household products including, but not limited to, paint cans and aerosol cans, which must be empty and rinsed clean of residue; 5) Plastics. All high density polyethylene (HDPE) and/or polyethylene terephthalate {PET) bottles, jugs, jars, cartons, tubs, and/or other containers, and lids, of any size or shape used to package food, beverages, and/or other household 2 200 products, or crankcase oil, which must be empty and rinsed clean of residue. This term excludes all plastic film, plastic bags, vinyl, rigid plastic (i.e., toys), and plastic foam materials; and (c) Every multi-family residence of nine (9) dwelling units or more two (2) or more dwelling units shall be serviced by a recycling contractor licensed by the city and state. 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 11Section," "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. ATIEST: RAFAEL E. GRANADO, CITY CLERK MAYOR MATTI HERRERA BOWER APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION (Sponsored by Commissioner Jeny Ubbln) ~..a 1~ Underline denotes additions and Strike throue~ denotes deletions.~torney ~ T:\AGENDA\2013\September 11\Recycllng Program Ordinance 2013-Amending Sec 9Q-340.do<:ll 3 201 (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov COMMITTEE MEMORANDUM TO: Mayor Matti H. Bower and Membe FROM: Jimmy L. Morales, City Manager:----- DATE: September 11, 2013 SUBJECT: REPORT OF THE SPECIA FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETI G ON JULY 8, 2013 The agenda is as follows: OLD BUSINESS 1. Update on potential municipal marketing partnership for Sunscreen Licensing deal or Sponsorship with Energizer ACTION The Committee recommended only pursuing the licensing agreement with BL3 Holdings where the upside is greater. Tourism and Cultural Development Director Max Sklar presented this item. Tourism and Cultural Development Director Max Sklar stated that the City has been involved in efforts to maximize its strong brand presence by partnering with corporate entities in a manner that generates good publicity and marketing for the City, while at the same time generating revenue or providing savings to the City. He then went on to give a brief explanation of both the negotiation with Energizer, and then the negotiations with BL3 Holdings. The Committee recommended only pursuing the licensing agreement with BL3 Holdings where the upside is greater. NEW BUSINESS 1. Discussion: Status Update on FY 2013/14 General Fund Operating Budget 203 Agenda Item C G;. A Date IJ-11-13 ACTION The Committee requested that all questions be directed to Assistant City Manager Kathie Brooks before the next meeting so that all request can be addressed. Assistant City Manager Kathie G. Brooks presented this item. Assistant City Manager Kathie G. Brooks began with a summary of the FY 2013/14 Current Service Level (CSL) budget for the General Fund. This summary shows the current year's FY 2012/13 budget and compares it to the FY 2013/14 CSL budget. The CSL budget reflects budget increases or decreases necessary to provide the current level of services in the coming year. In total, revenues are expected to increase by $6.1 mIll ion for FY 2013/14 principally due to increased property tax as a result of higher property values as well as increased licenses and permits revenue offset by decreases across a number of categories. Chairperson Deede Weithorn stated, over the summer, there will be a reconciliation of the Building Department related revenues versus expenditures which may or not be available to offset the projected gap in the General Fund. Ms. Brooks then stated that 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, increases are estimated to result in an approximately $11.0 million (4.3 percent) increase in expenditures, similar to the FY 2012/13 CSL increase of 4.6 percent. The resulting gap between General Fund CSL expenditures and CSL revenues as of the July 1, 2013 Certified values is approximately $4.9 million. Ms. Brooks went on to discuss the Millage Levy. 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 million. As with the preparation of budgets for the last five years, departments are continuing to analyze and present their budget 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. Given the extensive reductions in recent years, it's not expected there will be 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. Commissioner Jorge Exposito requested to see a list of those positions that have been vacant more than 6 months and an estimation of resort tax revenue. Chairperson Weithorn stated her concern in regards to the water rate increases from Miami Dade County that also need to be discussed. The Committee requested that all questions be presented to Assistant City Manager Kathie Brooks before the next meeting so that all request can be addressed. 204 2. Review of Budget Advisory Committee Recommendations for Health Insurance Plans ACTION The Committee recommended not pursuing the BAC recommendation for health insurance reform, and delaying the change for the renewal period from calendar year to fiscal year until 2014. In addition they also agreed that the City Administration should look at a way to equitably distribute the City cost (in dollar amounts paid) throughout the five plans. Assistant City Manager Kathie G. Brooks presented this item. Assistant City Manager Kathie G. Brooks stated the Budget Advisory Committee (BAC) reviewed the City of Miami Beach Self-Insured Health Care Insurance Plans for active employees and retirees. The premiums paid by the City and its enrolled active employees and retirees for health care insurance was discussed by the Committee as a Whole as part of the Mayor's and Commissioner's proposed budget for FY 2012/13. Director of Human Resources Sylvia Crespo- Tabak and Human Resources Administrator Sue Radig provided a brief summary of different Scenarios that Gallagher provided. Gallagher also provided the BAC members with a synopsis of the City's five medical insurance plans, as well as the plans' history from participating in a fully insured health care plan implemented in the late 1980's, to the current self-funded plans that were implemented in 2010. Gallagher representative Richard Schell stated the current medical plans are projected to incur at least a 1 0 percent, or $1.7 million cost increase for Fiscal Year 2013/14. Commissioner Ed Tobin stated that employees should receive the best healthcare available and there should be a discussion on developing a Wellness Plan. Commissioner Libbin stated the plans should be fair to employees across the board. The Committee recommended not pursuing the BAG recommendation for health insurance reform, and delaying the change for the renewal period from calendar year to fiscal year until 2014. In addition they also agreed that the City Administration should look at a way to equitably distribute the cost throughout the five plans. 205 THIS PAGE INTENTIONALLY LEFT BLANK 206 -----------·---···----- <9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMITTEE MEMORANDUM TO: Mayor Matti H. Bower and Members FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: REPORT OF THE SPECIAL FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING ON JULY 10, 2013 The agenda is as follows: OLD BUSINESS NEW BUSINESS 1. Discussion: Capital Projects ACTION The Committee recommended approving the funding for the proposed Renewal and Replacement Projects proposed on attachment 1 presented at the meeting as long as there were no additional projects that were deemed a higher priority when updating our facility condition index report. They also agreed to move the Capital Projects proposed, changing Fund 147 Art in Public Places Project for $380,346 to pay go money and as well as Two Presidential Lecterns for $200,000 funded in fiscal year 2014/15 to be moved to fiscal year 2013/20141isted in Convention Center projects. a) Proposed Capital Renewal and Replacement Projects Assistant City Manager Kathie Brooks presented the item and gave a brief explanation as to how the current dedicated millage of 0.1083 mills (as of FY 2012/13) is projected to generate $1,981,000 for the General Fund Capital Renewal and Replacement Fund based on the July 1 values. In addition, based on the ongoing review of projects funded in prior years, approximately $600,000 is available as renewal & Replacement Fund Balance as of 9/30/12 for funding Agenda Item C.<; !3 207 Date tf-11-13 General Fund renewal and replacement projects, and approximately $300,000 is projected to be re-captured from projects that will be closed due to completion or re-inspection indicating that they are not needed. This results in approximately $2,881,000 available for funding FY 2013/14 General Fund renewal and replacement projects, as compared to $2,768,000 requested in projects. It is recommended that the remaining amount of $113,000 be maintained as contingency. With the exception of Parking, there are no projected FY 2013/14 renewal and replacement funding needs in the Enterprise Funds. Proposed Parking renewal and replacement projects for FY 2012/13 total $876,000. The ih Street Parking Garage Fund, which is separate because of bond requirements, has FY 2013/14 renewal and replacement needs totaling $1,900,000. The Anchor Garage Fund, which is a part of the RDA, has FY 2013/14 renewal and replacement projects totaling $220,000. These funds are anticipated to have sufficient available funding for the FY 2013/14 proposed renewal and replacement projects. Fleet Management's FY 2013/14 renewal and replacement projects total $154,000; Information Technology's FY 2013/14 renewal and replacement projects total $40,000 and the City Center RDA FY 2013/14 renewal and replacement projects total $67,000. Ms. Brooks then proceeded to go over the list of renewal and replacement projects. Commissioner Libbin inquired if this was all the renewal and replacement projects that needed to be funded. Ms. Brooks said yes and went on to explain that the new Property Management Director, Anthony Kanieswki is in the process of updating our facility condition index report. Commissioner Libbin then stated that if upon doing the report a new project is deemed a higher priority than one of the ones already on the list to bring it back to the August 21 Finance and City Wide Meeting to discuss. Commissioner Tobin stated when we are renovating an existing facility or doing a major rehabilitation to keep in mind and look at any preexisting conditions that should be addressed in the renovation. Commissioner Libbin inquired if all the City facilities where ADA compliant. Ms. Brooks stated that they are all not ADA compliant, but that there was a list of City facilities and when they were scheduled to become ADA compliant. Property Management Director, Anthony Kanieswki to provide list to Commissioner Libbin. The Committee recommended approving the funding for the proposed Renewal and Replacement Projects proposed on attachment 1 presented at the meeting as long as there were no additional projects that were deemed a higher priority when updating our facility condition index report. 208 b) FY 2013/14 Capital Project Prioritization Assistant City Manager Kathie Brooks presented the item and went on to explain that the Capital Improvement Plan (CIP) is a financing and construction/acquisition plan for projects that require significant capital investment. The CIP, which is now updated annually and submitted to the City Commission for adoption, specifies and describes the City's capital project schedules and priorities for the five years immediately following the Commission's adoption. In addition, the first year of the plan provides the funding to be appropriated in the annual Capital Budget. This document is an official statement of public policy regarding long-range physical development in the City of Miami Beach. The Fiscal Years (FY) 2013/14-2017/18 Proposed CIP of the City of Miami Beach will be the five year plan for public improvements and capital expenditures by the City. A capital improvement is defined as capital or "in-kind" expenditure 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. She then proceeded to go over the list provided for the Capital Improvement Projects. Commissioner Gongora asked if he can get an LTC as to the status of the Middle Beach Recreational Corridor, Eric Carpenter to provide status. Also the Mayor Bower asked if we can split the project into smaller phases. Fund 147 Art in Public Places project for $380,346 was asked to be funded from pay go money as opposed to quality of life. Beach Access gates project was discussed since Mr. Carpenter Director of Public Works stated that the Department of Environmental Protection would not allow the gates on the beach. It was asked if Mayor Bower can speak to someone at the State level to help. Lincoln Road Landscaping Future Years was discussed and agreed that it should be considered operating not capital in nature. Bass Museum Interior Exhibit Space Expansion, Commissioner Tobin stated that he would like to see the plan for the expansion as well as hear from the Bass Museum. It was also stated that funding was subject to additional RDA funding from the County. Commissioner Tobin also stated that he would like to know what Quality of Life Funds can be spent on. Commissioner Tobin directed legal to provide a response. 209 Lincoln Road Washington Avenue to Lenox Avenue project was discussed. The Committee also discussed the maintenance of Lincoln Road. Commissioner Libbin inquired as to what we can be done to make it better. Two Presidential Lecterns for $200,000 funded in fiscal year 2014/15 to be moved to fiscal year 2013/2014 listed in Convention Center projects. 2. Proposed Uses of Law Enforcement Trust Funds ACTION The Committee agreed to fund the proposed LETF projects totaling $489,000 from Federal funds and $235,000 from State funds. Assistant City Manager Kathie Brooks presented the item and explained that as of September 30, 2012 available balances, net of FY 2012/13 appropriations and revenue collections are approximately $648,000 in Federal Funds and $315,000 in State Funds. Chief of Pollee, Raymond Martinez, stated he has reviewed and identified the need for $489,000 in Federal funds and $235,000 from State funds. Attachment 1 provides the proposed list of projects for the Law Enforcement Trust Funds for FY 2013/14. The Committee agreed to fund the proposed projects totaling $489,000 from Federal funds and $235,000 from State funds. Finance and Citywide Projects Committee Meetings for 2013: July 25, 2013 August 21, 2013 (Budget) August 22, 2013 (Budget) September 19, 2013 October 24, 2013 November 14, 2013 December 19, 2013 PDW/rs/kd To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Cc. Mayor and Members of the City Commission Management Team 210 lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and M mbers of tfe City ~om mission Jimmy L. Morales, City Manager { ~ DATE: September 11, 2013 SUBJECT: REPORT OF THE JULY 22, 2013 LAND USE AND DEVELOPMENT COMMITTEE MEETING A Land Use and Development Committee meeting was held on July 22, 2013. Commission Members in attendance were Commissioners Michael Gongora and Jerry Libbin. Members from the Administration, including Joe Jimenez, Mark Taxis, Richard Lorber, Tom Mooney, Eric Carpenter & 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 3:48pm. 1. REDUCED PARKING RATES FOR HOTEL EMPLOYEES. {DEFERRED FROM THE JUNE 12,2013 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON, OCTOBER 19 2011 CITY COMMISSION MEETING, ITEM C4K *ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 20131F NOT HEARD PER RESOLUTION NO. 2013-28147* AFTER-ACTION: DEFERRED. 2. DISCUSSION OF THE MIAMI BEACH CURRENT CITY CODE CHAPTER 6-4 (3) RELATING TO ALCOHOLIC BEVERAGE SALES THAT REQUIRES A 300 FOOT DISTANCE BETWEEN LIQUOR STORES AND ASK THAT THE CITY LOOK INTO ADOPTING THE COUNTY REQUIREMENT OF 1500 FEET. (DEFERRED FROM THE JUNE 12, 2013 LUDC MEETING ORIGINALLY REFERRED BY COMMISSIONER JORGE R. EXPOSITO OCTOBER 19 2011 CITY COMMISSION MEETING, ITEM C4L *ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD PER RESOLUTION NO. 2013-28147* AFTER-ACTION: DEFERRED. 3. REVIEW OF MIAMI BEACH LAND USE BOARDS TO IMPROVE THE CITY OF MIAMI BEACH BUILDING AND PLANNING DEPARTMENT PROCESSES. (DEFERRED FROM THE JUNE 12,2013 LUDC MEETING Agenda Item C (; C. 211 Date 9-11-1.$ City Commission Memorandum Report of Land Use & Development Committee Meeting of July 22, 2013 Page 2of7 ORIGINALLY REQUESTED BY COMMISSIONER MICHAEL GONGORA MARCH 21 2012 CITY COMMISSION MEETING, ITEM C4M) *ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD PER RESOLUTION NO. 2013-28147* AFTER-ACTION: DEFERRED. 3 a) BOAT DOCKS AND MARINE STRUCTURES ORDINANCE. (REQUESTED BY THE CITY COMMISSION JULY 17, 2013 CITY COMMISSION MEETING ITEM, C4E) AFTER-ACTION: DEFERRED. 4. DISCUSSION REGARDING THE POSSIBILITY OF RESTRICTING DESTINATION RESTAURANTS IN THE SOUTH OF FIFTH NEIGHBORHOOD. (REFERRED BY MAYOR MATTI HERRERA BOWER MARCH 21 2012, ITEM C4N *ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD PER RESOLUTION NO. 2013-28147* VERBAL REPORT AFTER-ACTION: DEFERRED. 5. DISCUSSION OF PARKING ISSUES RELATING TO 816 WEST 40TH STREET. (REFERRED BY COMMISSIONER JONAH WOLFSON APRIL 11 2012 CITY COMMISSION, ITEM C4H *ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 20131F NOT HEARD PER RESOLUTION NO. 2013-28147* VERBAL REPORT AFTER-ACTION: DEFERRED. 6. DISCUSSION OF THE LEGALIZATION OF THE CURRENT USE OF 3767 CHASE AVENUE. (REFERRED BY COMMISSIONER JONAH WOLFSON APRIL 11 2012 CITY COMMISSION MEETING, ITEM C41 *ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 20131F NOT HEARD PER RESOLUTION NO. 2013-28147* AFTER-ACTION: DEFERRED. 7. DISCUSSION REGARDING FOOD TRUCKS ON PRIVATE PROPERTY. (RETURNING FROM THE JUNE 12, 2013 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON SEPTEMBER 12 2012 CITY COMMISSION MEETING, ITEM C4K) *ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER. 20131F NOT HEARD PER RESOLUTION NO. 2013-28147* AFTER-ACTION: DEFERRED. 212 City Commission Memorandum Report of Land Use & Development Committee Meeting of July 22, 2013 Page 3 of7 8. DISCUSSION ON A CODE AMENDMENT REQUIRING THAT THE PLANNING BOARD HAS UP TO TWO (2) MEETINGS TO CONSIDER A PROPOSED AMENDMENT; OR IF NO RECOMMENDATION IS MADE AFTER TWO (2) MEETINGS, IT GOES TO COMMISSION WITHOUT PLANNING BOARD RECOMMENDATION. (REFERRED BY COMMISSIONER JONAH WOLFSON OCTOBER 24 2012 CITY COMMISSION MEETING, ITEM C4N *ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD PER RESOLUTION NO. 2013-28147* AFTER-ACTION: DEFERRED. 9. DISCUSSION REGARDING PUBLIC SAFETY ISSUES IN ABANDONED HOMES ON MIAMI BEACH (I.E. BEEHIVE). (REFERRED BY COMMISSIONER EDWARD L. TOBIN OCTOBER 24 2012 CITY COMMISSION MEETING, ITEM R90 *ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD PER RESOLUTION NO. 2013-28147* VERBAL REPORT AFTER-ACTION: DEFERRED. 10. ZONING AND PLANNING INITIATIVES FOR NORTH BEACH INCLUDING ORDINANCE AMENDMENTS FOR PARKING REQUIREMENTS AND DEVELOPMENT REGULATIONS. (RETURNING FROM THE APRIL 23, 2013 LUDC MEETING ORIGINALLY REFERRED BY COMMISSIONER JERRY LIBBIN, DECEMBER 12,2012 CITY COMMISSION MEETING, ITEM C41 #1} AFTER-ACTION: DEFERRED. 11. DISCUSSION PERTAINING TO "SMARTER MATERIALS FOR NEXT GENERATION INFRASTRUCTURE," SUCH AS ELIMINATING THE DISPOSAL OF TIRES IN GLOBAL LANDFILLS AND INCINERATORS. (DEFERRED FROM THE JUNE 12, 2013 LUDC MEETING ORIGINALLY REFERRED BY COMMISSIONER MICHAEL GONGORA DECEMBER 12 2012 CITY COMMISSION MEETING, ITEM C4M *ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD PER RESOLUTION NO. 2013-28147* AFTER-ACTION: DEFERRED. 12. DISCUSSION REGARDING THE CONDITION OF THE STONES IN THE 1100 BLOCK OF LINCOLN ROAD. (DEFERRED FROM THE JUNE 12, 2013 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON 213 City Commission Memorandum Report of Land Use & Development Committee Meeting of July 22, 2013 Page 4 of7 DECEMBER 12 2012 CITY COMMISSION MEETING, ITEM R9E *ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 20131F NOT HEARD PER RESOLUTION NO. 2013-28147* AFTER-ACTION: DEFERRED. 13. AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO REGULATE RELIGIOUS INSTITUTIONS IN MULTI-FAMILY RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DISTRICTS IN THE SAME MANNER AS OTHER ASSEMBLY USES WITH SIMILAR OCCUPANCY. (REFERRED BY CITY COMMISSION FEBRUARY 6 2013 CITY COMMISSION MEETING, ITEM C4C) *ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD PER RESOLUTION NO. 2013-28147* AFTER-ACTION: Gary Held provided an overview of the item. Specifically he points out the Federal Laws providing religious institutions with certain protections, and.explained RLUIPA, the Federal act addressing religious institutions and zoning. He proposes to conform the City's land development regulations to equate MOTION: Refer to Planning Board Libbin/Gongora (2-0) 14.DISCUSSION REGARDING AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO REGULATE TEMPORARY BUSINESS SIGNS ON PUBLIC PROPERTY. (REFERRED BY CITY COMMISSION MARCH 13, 2013 CITY COMMISSION MEETING, ITEM C4D) *ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD PER RESOLUTION NO. 2013-28147* AFTER-ACTION: Richard Lorber provided an overview of the item. He provided a comparison to FOOT program for temporary signs. MOTION: Refer to City Commission with a favorable recommendation. Libbin/Gongora (2- 0). 15. DISCUSSION REGARDING AN AMENDMENT TO EXPAND THE PERMITTED USES OF RM-2 ZONE PROPERTIES AND TO INCLUDE THE FOLLOWING PROPOSED LANGUAGE: SEC. 142-212. -MAIN PERMITTED USES. THE MAIN PERMITTED USES IN THE RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY DISTRICT ARE SINGLE-FAMILY DETACHED DWELLINGS; TOWNHOMES; APARTMENTS; APARTMENT-HOTELS; AND HOTELS.; AND OFFICES THAT ARE INCIDENTAL TO AND CUSTOMARY WITH A HOTEL IN THE RM-3 DISTRICT FRONTING COLLINS AVENUE LOCATED NO MORE THAN 1,200 FEET FROM THE PROPERTY, MEASURED BY FOLLOWING A STRAIGHT LINE FROM THE LOT ON WHICH THE OFFICE IS LOCATED TO THE LOT ON WHICH THE HOTEL IS LOCATED, PROVIDED THAT THE LOT ON WHICH THE OFFICE IS LOCATED SHALL BE GOVERNED BY A RESTRICTIVE COVENANT, APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND RECORDED IN THE PUBLIC RECORDS OF THE COUNTY AS A COVENANT RUNNING WITH THE LAND, STIPULATING THAT THE 214 City Commission Memorandum Report of Land Use & Development Committee Meeting of July 22, 2013 Page 5 of7 OFFICE USE SHALL BE INCIDENTAL TO AND CUSTOMARY IN CONNECTION WITH THE HOTEL AND MAY ONLY REMAIN SO LONG AS THE HOTEL USE CONTINUES. (REQUESTED BY COMMISSIONER DEEDE WEITHORN MARCH 13. 2013 CITY COMMISSION MEETING, ITEM C4J) AFTER-ACTION: Steve Wernick addressed the Committee regarding the item and its impact on the Saxony West I Atlantic Hotel project. Comm. Libbin indicated that he was ok with the proposal. MOTION: Refer to Planning Board. Libbin/Gongora (2-0) 16. DISCUSSION ON AN ORDINANCE REQUIRING AN OUTSIDE FIRM OR THE CITY BEING THE ENTITY THAT MAILS NOTICES IN LAND USE SITUATIONS. !REFERRED BY COMMISSIONER JONAH WOLFSON MARCH 13 2013 CITY COMMISSION MEETING, ITEM C4N *ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 20131F NOT HEARD PER RESOLUTION NO. 2013-28147* AFTER-ACTION: DEFERRED. 17. DISCUSSION REGARDING CHAPTER 30, ENTITLED ''CODE ENFORCEMENT,'' ARTICLE I, ENTITLED "IN GENERAL," ARTICLE II, ENTITLED "SPECIAL MASTERS," AND ARTICLE ILL, ENTITLED "ENFORCEMENT PROCEDURE," OF THE CODE OF THE CITY OF MIAMI, FLORIDA. (REFERRED BY COMMISSIONER JONAH WOLFSON MARCH 13 2013 CITY COMMISSION MEETING, ITEM C4R *ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 20131F NOT HEARD PER RESOLUTION NO. 2013-28147* VERBAL REPORT AFTER-ACTION: DEFERRED. 18. DISCUSSION ON CHAPTER 46, ENTITLED "ENVIRONMENT," ARTICLE IV, ENTITLED "NOISE," OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA. (REFERRED BY COMMISSIONER JONAH WOLFSON MARCH 13 2013 CITY COMMISSION MEETING, ITEM C4S *ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD PER RESOLUTION NO. 2013-28147* VERBAL REPORT AFTER-ACTION: DEFERRED. 19. DISCUSSION ON AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS WHICH WOULD ADDRESS AND CLARIFY THE ELIGIBILITY FOR CONTRIBUTING BUILDINGS IN HISTORIC DISTRICTS TO BE CONVERTED TO BED & BREAKFAST INNS WITHIN THE CITY OF MIAMI BEACH. (REFERRED BY COMMISSIONER MICHAEL GONGORA 215 City Commission Memorandum Report of Land Use & Development Committee Meeting of July 22, 2013 Page 6 of7 MARCH 13 2013 CITY COMMISSION MEETING, ITEM C4T *ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD PER RESOLUTION NO. 2013-28147* AFTER-ACTION: Richard Lorber introduced the item, explaining the Bed & Breakfast regulations, and how a recent amendment opened up a loophole in the eligibility that needs now to be corrected. MOTION: Libbin I Gongora (2-0). Forward to Planning Board for review. 20. 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. (DEFERRED FROM THE JUNE 12, 2013 LUDC MEETING ORIGINALLY REQUESTED BY CITY COMMISSION MAY 8, 2013 CITY COMMISSION MEETING, ITEM RSH) AFTER-ACTION: DEFERRED. 21. A RESOLUTION TO AMEND THE CITY'S HUMAN RIGHTS ORDINANCE TO REQUIRE THE POSTING OF NOTICES IN EVERY PLACE OF HOUSING AND HOUSING ACCOMMODATION AND CITY OF MIAMI BEACH DEPARTMENT AND FACILITY THAT IS SUBJECT TO THE HUMAN RIGHTS ORDINANCE. (REFERRED BY MAYOR MATTI HERRERA BOWER APRIL 17,2013 CITY COMMISSION MEETING, ITEM C4E) AFTER-ACTION: Rob Rosenwald and City Clerk Rafael Granado introduced the Miami Beach Human Rights ordinance. This will require posting in workplaces of the applicable announcements. The location of the posters is specified to be where the client who uses the particular service will see it. The Committee asked several questions regarding the proposal. Comm. Gongora asked for clarification on the violations section of the Ordinance. Comm. Libbin asked a question about the posting and notification of the regulations. Staff responded by indicating that notice must be posted in most businesses. Comm. Libbin raised a concern regarding the total number of signs that will be required. Alan Fishman, Chair of Human Rights Committee, addressed the land Use Committee regarding the item. He provided information on the website, as well as the multi-language notices. Comm. Libbin raised a concern regarding the ability to enforce the requirement for signage Citywide. 216 City Commission Memorandum Report of Land Use & Development Committee Meeting of July 22, 2013 Page 7of7 MOTION: Gongora I Libbin (2-0). Recommend in favor of Resolution at Full Commission. 22. REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE -DISCUSSION REGARDING INCORPORATING THE STORMWATER MANAGEMENT MASTER PLAN INTO THE LAND DEVELOPMENT REGULATIONS. (REFERRED BY CITY COMMISSION JULY 17,2013 CITY COMMISSION MEETING, ITEM C40) AFTER-ACTION: Eric Carpenter introduced the item, explaining the Stormwater Management Master Plan, and its recommendations for applying requirements to new development. This proposal would include these recommendations in the Land Development Regulations. Commissioner Libbin expressed concern about the current Stormwater Master Plan, and explained that he needed more information on these issues. Comm. Gongora asked about the timing. Eric Carpenter explained that it would be important to apply these standards to the Convention Center project, and then to future private projects. Joe Jimenez suggested that the matter move forward, with a provision to allow the plan to be amended. MOTION: Deferred to the October LUDC 23. CONSIDERATION OF A PROPOSED BALLOT QUESTION TO PERMIT LIMITED TRANSFER OF FAR WITHIN A SPECIFIC ZONE, PURSUANT TO CRITERIA THAT SHALL BE ESTABLISHED IN UPCOMING ORDINANCES REGARDING ALTON ROAD. (REQUESTED BY COMMISSIONER DEEDE WEITHORN JULY 17. 2013 CITY COMMISSION MEETING, ITEM C4R) VERBAL REPORT AFTER-ACTION: DEFERRED. 24. DISCUSSION ON ITEMS AUTOMATICALLY BEING WITHDRAWN IF NOT HEARD WITHIN SIX MONTHS FROM REFERRAL DATE PER RESOLUTION NO. 2013-28147. AFTER-ACTION: DEFERRED. Attachment [~L JLM~/RGL VERBAL REPORT t:\agenda\2013\september 11\ludc meeting of july 22 2013 afteraction.docx 217 N ~ 00 LAND USE AND DEVELOPMENT COMMITTEE MEETING July 22, 2013 @ 3:00 pm City Manager's Large Conference Room Attendance Sheet NAME I CONTACT NUMBER 1" /Y})~/ &J.~ T<Jir)3?c1-SJUO 2. ~~ ~'r"l.tr-o(.,W I "3~-t.."l ~ -r "1 ")0 3. R~ ~ I 7<-t~\ 4· ~~l)l.f"@N<.e.s __ ~s _t.l~-~Dj{<..t-{~3 s.p.gifWc.t:tifc:-'t. r 46""~"'7...0)(>)0 6. <r'b • '· & ~-r ru q g~n.c:,.OV 712., ~ .::::;..,..... -b s. I vv ~'--( 8h~;~ ~It).. '3l_n ).{. ~ fao I £6 9._..-:--~--L r~ ~~ 4-68',0~1~ 10 / I · I(A--rH-JG= &2.noK.S 3o.s--~<]3-7 o1 o 11. 12. 13. 14 15. 16. 17 .. 18. 19. 20. M:\$CMB\CCUPDA TES\Land Use and Development Committee\Sign In Sheet 2013.docx I WISH TO RECEIVE THE AGENDA ELECTRONICALLY ~ 1CI y2 f'll:> yc-7 c:: c::;:::>"'Oc_ Yn ~ {/ ':!(;# s ~ . E-MAIL ADDRESS rt)k4v; . ! t2t~1f'~J.{bh ,. . s ~ "'""--.L:. I SAU C.H2~ Nt.e..S ~ CJ:Vt.fet-<-L @~'--',\..:.._~~ 'J<t'" @ il @ P,__.&_JtlZ:IJ C~o .Jf'._ {:"~ @ "'{~ts.-il [~A~ t-~;r.,.M(~{J[~ov @ -·"'6t."1:1~ \ oe.. t-qr ~ +-[--..) k6 coo ~s. UJ~l.Dilf SttLiCirt.lJI.• .6_dl/ @ 1 :WtA \ l ~_co~ @ f"r'\ 1 a..nt L b ea.c}9 ·7" @ @ @ @ @ @ @ @ @ @ (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, WY:O'f.miamibeachfl.gov COMMITIEE MEMORANDUM TO: Mayor Matti H. Bower and Membe FROM: Jimmy L. Morales, City Manager tt-::;;:s:::::::~=::=:~--- DATE: September 11, 2013 SUBJECT: REPORT OF THE SPECIAL FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING ON JULY 25, 2013 The agenda is as follows: OLD BUSINESS 1. Discussion regarding an amendment to the lease between the City of Miami Beach ("landlord") and Massage Partners, Inc. ("tenant") dated September 15, 2010, for the premises located at 1701 Meridian Avenue, unit 2 (a/kla 767 17th street), Miami Beach, Florida, concerning: 1) the additional use of the demised premises as a nail salon; and 2) the use of the common area restrooms located on the second floor of the 1701 Meridian Avenue office building for tenant's nail salon customers ACTION The Committee recommended feedback is brought to the next meeting from the Building Department regarding if Code allows for there to just be access to a bathroom or if Massage Envy can be allowed the use of the Permit Doctors bathroom via an agreement between the tenants. Cultural Arts & Tourism Development Director Max Sklar presented this item. Cultural Arts & Tourism Development Director Max Sklar began by stating, The Tenant has requested permission from the City to expand the use of the Leased Premises to include nail salon services in a small portion of space ("Proposed Nail Salon Space") located at the front of the Leased Premises and separated by partition walls from the space from which the Tenant currently provides massage services. The Franchisor has stated it cannot approve the sharing of signage, entryways or bathrooms by its franchisees with other businesses. The Leased Premises contains a separate entryway for the Proposed Nail Salon Space as well as a separate area for window signage. However, the Leased Premises do not contain a separate restroom which can be utilized by the nail salon customers. Subsequent to numerous discussions between the Administration and the Tenant, it was determined that a restroom is also required by the City in Agenda Item C.(p D 219 Date 9-11-13 ------------------------, order for the Proposed Nail Salon Space to obtain the applicable business licenses. The FCWP considered this request at the November 9, 2012 meeting. The Committee asked that a standby letter of credit be issued for the contractor's liens which were filed. The City has been removed from this lawsuit. The Committee also asked staff to determine a proportionate share for use of the restroom and determine the appropriate CAM fees to be charged and bring it back to the FCWP with the methodology used to calculate the fees. If the FCWPC were inclined to charge additional rent for use of the restroom on the second floor of 1701 Meridian Avenue, the cost may be calculated based upon the size of the restrooms, which is 104 square feet for the men's room and 144 square feet for the women's room. The Administration recommends the combined square footage of 248 square feet should be subject to the $6.00 PSF which the office tenant's currently pay. Accordingly, the rent for the use of the bathrooms would be $1 ,488 per year (248 sf x $6.00), payable in monthly installments of $124. Mayor Matti Bower expressed concern regarding the City being liable if there is access into a City building that is not occupied on the weekends. Commissioner Jorge Exposito suggested that Massage Envy try to get a waiver from the franchisor. Chairperson Deede Weithorn recommended Massage Envy work with their next door neighbors Permit Doctor to use their restrooms via an affidavit. The Committee recommended feedback be brought to the next meeting from the Building Department regarding if the Code allows for there to just be access to a bathroom or if Massage Envy can be allowed the use of the Permit Doctors bathroom via an agreement between the two tenants. 2. Discussion Update Regarding World Out Games Miami Beach 2017 ACTION The Committee recommended moving this item to the Finance and Citywide Projects Committee Budget Meeting to determine if the funds are available for next year's budget. Cultural Arts & Tourism Development Director Max Sklar presented this item. Cultural Arts & Tourism Development Director Max Sklar began by stating that, on March 2, 2013, GLISA announced Miami Beach-Miami will host the 2017 World Outgames. The event will be held May 24-June 3, 2017. LGBTSCL has requested $500,000 (payable over several years) in cash and $250,000 in-kind from the City in support of the event. LGBTSCL has worked with City Staff and the GMCVB to refine their economic impact estimates, which they project to be in excess of $88 million. City staff has provided cost estimates for their use of the Miami Beach Convention Center, Miami Beach Golf Club, Colony Theater, sports fields at Flamingo Park and other special event associated fees. Rental of the Convention Center alone is estimated to be $351,000. Other City fees for use of Miami Beach Golf Club, Colony Theater, sports fields at Flamingo Park and other special event associated fees could total approximately $350,000, depending on the scope of activity and number of days of use. The estimated costs for all fees {convention center rental, special event fees, Colony Theater rental and Miami Beach Golf Club are estimated at approximately $700,000. LGBTSCL is 220 committed to raising private revenue from corporate sponsors, but is seeking financial support from the City and other governmental agencies. LGBTSCL is required to pay GLISA a Licensing Fee totaling $175,000 in annual installments. The GMCVB assisted with funding the first installment in order to meet the June 30, 2013 deadline for the initial license fee payment to GLISA, which was the most immediate concern for LGBTSCL. The GMCVB has not committed to any additional funding beyond the initial $50,000 at this time. Mr. Sklar went on to state the next installment of the License Fee must be made prior to June 30, 2014. Additionally, LGBTSCL's funding request of $500,000 will help support operating and staff expenses required to continue to plan for the 2017 World Outgames. They have also requested any available office space from the City be provided in-kind to assist in defraying operating expenses. A long term sponsorship agreement with future funding commitments for cash and in-kind support for any event is unprecedented for the City of Miami Beach. By comparison, the City has provided waivers for rental of the Convention Center to the National Football League (NFL) for Super Bowl and to World Wrestling Entertainment fY\/WE) for Wrestlemania of approximately $100,000 respectively. The NFL also received $95,000 cash contribution from the City. Based on the aforementioned, the Administration recommends a one-time cash sponsorship of $100,000 and in-kind rent waiver of the Convention Center of $100,000. At this time, the City does not have office space available for use by LGBTSCL. World Out Games Representative Keith Hart added there is precedent set in other cities regarding sporting events. They would also host a 3 day Rights Conference to kick off the games anticipating 10,000 participants. Chairperson Deede Weithorn asked to see the budget analysis that shows each Agencies (Cities) input that is being contributed as sponsorship. Commissioner Jorge Exposito requested a detail of the lodging arrangements. Chairperson Weithorn made a motion to move this item to the Finance and Citywide Projects Committee Budget Meeting to determine if the funds are available for next year's budget. Seconded by Commissioner Exposito. 3. Discussion regarding a new lease agreement and a concession agreement by and between the City of Miami Beach ("landlord") and Damian J. Gallo & Associates, Inc. ("tenant") involving the use of approximately 1,269 square feet of ground floor retail space located at 1701 Meridian Avenue, unit 4 (a/kla 775 17th street), Miami Beach, Florida ACTION The Committee recommended one lease for both uses and a separate concession agreement to include a new lease for 3 years with two 2 year options to renew for a total of 7 years. Cultural Arts & Tourism Development Director Max Sklar presented this item. Cultural Arts & Tourism Development Director Max Sklar began by stating on January 24, 2013, the Finance and Citywide Projects Committee discussed the Tenant's request and suggested the Administration prepare two (2) separate agreements for Tenant's requested uses. The Committee recommended 221 allowing Damian J. Gallo subject to regulatory approvals, to use the leased premises as requested for the dual purpose and additionally negotiate uses of the outside space. The City Commission considered this matter at the March 13, 2013 regularly scheduled City Commission meeting. The item was discussed extensively and ultimately the resolution was rejected because the Commission expressed a concern with amending the existing lease, as well as other terms. The Permit Doctor has been working with staff to address the Commission's concerns. At this time, Tenant is proposing to cancel the existing Lease in exchange for a new Lease Agreement and a new Concession Agreement, in substantial form for an initial term of three (3) years and 364 days with two (2) additional three (3) year renewal options. If the Tenant's proposal to cancel the current Lease and enter into new agreements is accepted, staff proposes Tenant shall continue to pay its existing market rate of $36.64 PSF on a NNN basis (with three percent (3%) annual increases), plus $12.33 PSF for operating expenses, for the office portion (Permit Doctor) of the Demised Premises. In determining a fair market rate for use of the outdoor concession, Staff took the average per square foot rate from Syanna and Cinematheque, which was approximately $20.00 per square foot. Smith and Wollensky were not considered to be comparable to the operation proposed by Permit Doctor. As such, staff recommends Tenant shall pay $20.00 per square foot, or $10,140 annually, on a gross basis, and would be subject to three percent (3%) annual increases on the anniversary of the lease commencement date. Commissioner Jorge Exposito recommended there be 2 separate leases for the Permit Doctor and the Cafe. Mr. Sklar stated his understanding was that you cannot have 2 leases with the same folio number per the research previously done regarding this matter. City Attorney Jose Smith stated you can have section A & B under the lease agreement. The Committee ultimately recommended one lease for both uses and a separate concession agreement to include a new lease for 3 years with two 2 year options to renew for a total of 7 years. 4. Discussion regarding the proposed vacation of the alley included in the amended plat of the Aquarium Site Re-subdivision (500 Block of Alton Road) ACTION The Committee recommended accepting the recommendation that the City vacate the "L" shaped alley in the 500 block of Alton Road. Legal to discuss the issue of the maintenance and irrigation and move the item to the full Commission. Public Works Director Eric Carpenter presented this item. Public Works Director Eric Carpenter began by stating 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 222 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 & D), 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. The City obtained an appraisal for the Alley from Bondarenko Associates, Inc. dated May 20, 2013 that states that the market value of the Alley is $600,500 and that the investment value to the adjacent owner is $780,650, equal to $130. 00/square foot. 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 that will benefit the public to include storm water improvements and the City Baywalk. Crescent Heights Representative Chaim Elkoby added they have been brainstorming a program that benefits the City and the Developer. It has been noted by the City that they would like to do a pilot program regarding Drainage that works both for the City and the Developer. Commissioner Jorge Exposito requested clarity on the quantity and the possible re-usage of water. Commissioner Michael Gongora made a motion to accept the recommendation of the City vacating the "L" shaped alley in the 500 block of Alton Road with legal discussing the issue of the maintenance and irrigation and to move the item to the full Commission. It was seconded by Commissioner Exposito. 5. Discussion regarding potential annual funding sources for the refund of Green Building Program Certification application and review fees as stipulated by the Green Building Ordinance ACTION The Committee recommended no action since there are no projects currently lined up for this program. Public Works Director Eric Carpenter presented this item. Public Works Director Eric Carpenter began by stating the currently, there are no LEED projects participating in the City's green building program. Thus, at this time it is not necessary to allocate funds for the program for the next fiscal year as these projects are known at least one fiscal year in advance. Under the process outlined by the current ordinance, funding needs to be evaluated on an annual basis. Funding should be based on the number of projects anticipated to obtain certification within the next fiscal year and the cumulative construction value of those projects plus LEED certification application fees per project. The ordinance provided that a maximum incentive of 20% of the total annual appropriation be established for any one project. This limit is to ensure that no one project would consume the resources available in a given year. There is $50,000 budgeted for the incentives outlined by the Green Building Ordinance. The Committee recommended no action since there are no projects currently lined up for this program. 223 6. Discussion to require g1vmg favorability to the use of veterans and disabled veterans on large building projects within the City ACTION Item Deferred. 7. Discussion regarding the renewal option pertaining to the retail lease agreement with 1560 Collins Ave., Inc, d/b/a Shan ("tenant"), for the use of suites b and c in the Anchor Shops, located at 1560 Collins Avenue, Suite No 2, Miami Beach, Florida ("space"); consideration of the US Vintage proposal; and, should tenant decide not to renew, authority to negotiate a termination agreement with tenant, simultaneously with the authority to either accept the US Vintage proposal or market the space. ACTION The Committee recommended allowing US Vintage, Inc. to lease the space at 1560 Collins Avenue in 6 months and allow Shan to continue to pay rent for 6 months without a lease renewal. Cultural Arts & Tourism Development Director Max Sklar presented this item. Cultural Arts & Tourism Development Director Max Sklar began by stating At the time of the assignment, only six years remained on the original lease term, resulting in the Tenant's request to enter into a new lease, which was approved by the RDA on October 17, 2007, with an initial term of five (5) years commencing on March 19, 2008 and expiring on March 18, 2013, with one (1) renewal option for an additional five (5) years, upon the expiration of the initial term. At the end of the initial term, the gross rent payment was $47.50 per square foot or $10,667.00 per month, $128,004.00, annually. The tenant cannot afford an increase in the rental rate, but is interested in staying in the space. There was an offer at $73.oo per square foot from 7 Eleven. On July 15, 2013, US Vintage, Inc. d/b/a US Vintage ("US Vintage"), which has been a Tenant at The Anchor Shops for fifteen years, presented staff with an offer to lease the Tenant's space for $65.00 per square feet, on a triple net basis, with annual CPI increases, the greater of 3% or CPI, during term of ten year lease, a copy of which is attached hereto as Exhibit "3" ("US Vintage Proposal"). US Vintage already has the space abutting Tenant's current space and sells clothing for men, women and juniors, T-shirts related to motorcycles and biker wear, weekend wear, designer shoes, perfumes, eyewear, leather specialties, as well as motorcycle-related clothing and accessories (only T-Shirts relating to biker wear are allowed). US Vintage is in good standing and has already proven that this concept and current rent of $65.00 per square feet is feasible for this Space. When comparing the US Vintage Proposal with a possible new tenant proposal ("New Tenant Proposal"), considering, best case scenario, that the New Tenant Proposal offers Fair Market Rent, along with typical rent concessions, the 224 US Vintage Proposal still makes better business sense, as we have a Tenant with a proven track record, willing to take over the site at no additional cost to the City. Commissioner Jorge Exposito made a motion to allow US Vintage, Inc. to lease the space at 1560 Collins Avenue in 6 months and allow Shan to continue to pay rent for 6 months without a lease renewal. It was second by Chairperson Weithorn. 8. Discussion regarding entering into a professional services agreement with the International City /County Management Association ("ICMA") for review and recommendations for efficiencies for the fire department; authorizing the City Manager and City Attorney's office to negotiate and draft the agreement based upon the approved terms; and authorizing the mayor and city clerk to execute the final agreement in an amount not to exceed $70,000 ACTION The Committee recommended entering into a professional services agreement with International City/County Management Association Center for Public Safety Management to conduct a review and to provide recommendations for efficiencies for Miami Beach Fire Department to the Commission. Assistant City Manager Kathie Brooks presented this item. Assistant City Manager Kathie Brooks began by stating the Administration had secured a proposal from International City/County Management Association (ICMA) to perform a study to determine the effectiveness and efficiency of the City of Miami Beach Police and Fire Departments. The Departments' performance will be evaluated and compared to nationally accepted standards. In addition to reviewing operational activities, ICMA will analyze the internal functions of the agencies. This will include review of internal documents such as policies and procedures, training, discipline, community relations, etc. ICMA's local government technical assistance includes workload and deployment analysis, using Operations Research techniques and credentialed experts to identify workload and staffing needs as well as best practices. In addition, the ICMA just completed a study for the City of Las Vegas Fire and Rescue Department. As a result of any onsite visits and data assessments, ICMA subject matter experts produce observations and recommendations which highlight strengths, weaknesses, opportunities and threats of the Fire Department. This standardized approach insures that they measure and observe all of the critical components of agencies which establish the baseline performance levels. This information can be used to benchmark against comparable cities. ICMA is able to do this because they recognize that while agencies may vary in size and challenges, there are best practices in use throughout the country. The proposed study is presented in seven phases with the total timeline approximating six months from start to written report 225 presentation. The estimated cost is not to exceed $70,000 for the study plus travel expenses which are proposed at $5,000 and a cost of $1,000 per person plus travel for presentations. Commissioner Jorge Exposito made a motion to enter into a professional service agreement with International City/County Management Association Center for Public Safety Management to conduct a review and to provide recommendations for efficiencies for Miami Beach Fire Department to the Commission. It was second by Chairperson Weithorn. 9. Discussion concerning the early termination of an existing retail lease agreement between Miami Beach Redevelopment Agency ("landlord") and Cadiac, Inc. d/b/a US Vintage ("tenant"), involving suites d and e in the Anchor Shops, located at 1550 Collins Avenue, Miami Beach, Florida ("space"); and entering into a new lease agreement with the managing entity for said space, US Vintage, Inc. ("US Vintage") for an initial term of three (3) years, commencing on October 1, 2013 and ending on September 30, 2016, with two (2) renewal options of three (3) years and three (3) years and 364 days respectively, at the RDA's sole and absolute discretion, subject to and pursuant to the terms and conditions set forth in the agreement ACTION The Committee recommended moving forward with the lease agreement under the new rent structure with the US Vintage, Inc. Cultural Arts & Tourism Development Director Max Sklar presented this item. Cultural Arts & Tourism Development Director Max Sklar began by stating Cadiac, Inc. has been a tenant at the Anchor Shops since June 11, 1998. It is one of two remaining tenants whose leases were originally negotiated by MB Redevelopment, Inc. (a wholly-owned subsidiary of Loews Hotels Corp), who at the time was responsible for leasing and managing the premises pursuant to a Master Lease agreement between the RDA and MB Redevelopment, Inc. (MBRI). Pursuant to this agreement, MBRI had broad-based authority to negotiate lease terms for any and all business uses compatible with a first class retail space, which included lease terms of ten years or more and rental rates ranging from $19 to $40 per square foot. US Vintage has proposed leasing the subject Space, based upon an initial rate of $65.00 per square foot, with annual escalations, by the greater of 3% or CPI, on a triple net basis, for a period of ten years, as evidenced from the Letter of Intent, dated July 15, 2013, attached as Exhibit "3" ("US Vintage Proposal"). US Vintage, having managed the Space for a period of fifteen years and being in good standing, along with the Tenant, has already proven that this concept and current rent of $65.00 per square feet is feasible for this Space. Furthermore, when comparing the US Vintage Proposal, even without market adjustments, with a possible new tenant proposal ("New Tenant Proposal"), considering, best case scenario, that the New Tenant Proposal offers Fair Market Rent, along with typical rent concessions, the US Vintage Proposal still makes better business sense 226 The committee recommended moving forward with the lease agreement under the new rent structure with the US Vintage, Inc. 10. Discussion regarding the issuance of an RFP for the management and operation of street markets on Lincoln Road, Normandy Village, Collins Park, and other locations ACTION The Committee recommended moving forward with the Request for Proposal being extended 30 days and the amended change in points to the Evaluation Criteria. Cultural Arts & Tourism Development Director Max Sklar presented this item. Cultural Arts & Tourism Development Director Max Sklar began by stating there has been a request for Administration to work on a new Request for Proposal (RFP) process to solicit interest in managing and operating street markets on Miami Beach in one or more of the four locations. The time period has been extended 30 days that the RFP would be out and the points have been amended to 35 points for Proposer Experience and Qualifications and Approach and Methodology. P3 Management Representative Eric Zichilla stated he agrees with the amendment to the scoring criteria. Commissioner Michael Gongora made a motion to move forward with the RFP being extended 30 days and the amended change in points to the Evaluation Criteria. It was second by Commissioner Jorge Exposito. 11. Discussion regarding hiring an Inspector to investigate claims of fraudulent activity and perform other investigative services ACTION The Committee recommended sending out a Request for Proposal for an external help line and gave direction in looking into hiring a Compliance Officer, subject to funding through the budget process. Human Resources Director Sylvia Crespo-Tabak presented this item. Human Resources Director Sylvia Crespo-Tabak began by stating the subject issue was referred by the City Commission to the Neighborhood and Community Affairs Committee for further discussion. The Commission approved the action to address potential corruption and misconduct which, among other things, included contracting with the Miami Dade County Inspector General for the oversight and investigatory services the office provides. Chairperson Deede Weithorn suggested monitoring compliance or creating an 227 external help line rather than hiring someone. Chairperson Weithorn made a motion to send out a Request for Proposal for an external help line. Commissioner Jorge Exposito second the motion. 12. a) Discussion of Meals Distributed By Little Havana Activities & Nutrition Centers b) Discussion of budgetary resources to keep funding social programs ACTION Site The Committee recommended funding up to $17,750 thru the end of the fiscal year and then budget will assess what can be funded for the next fiscal year. Community Services Division Director Maria Ruiz presented this item. Community Services Division Director Maria Ruiz began by stating on May 1, 2013, the Alliance for Aging notified its congregate meal site providers that immediate cuts would be implemented as of May 6, 2013 in response to the Federal Sequester as it impacts the State Formula funds for the Older American Act programs. Our City's congregate meal sites experienced the following reductions: Provider Capacity Capacity as as of of 5/6/13 5/1/13 Rebecca Towers Little Havana ANC 115 81 Council Towers South Little Havana ANC 80 56 Stella Maris Little Havana ANC 35 25 South Shore Com. Ctr. Jewish Community Services 65 55 Federation Towers Jewish Community Services 45 40 When these cuts were initially announced, the community mobilized to offset the budget cuts. Unfortunately, additional sequester-related service cuts were projected to take effect July 22nd. Little Havana Activities & Nutrition Center said an additional seven (7) meals would be cut from City locations. The Alliance for Aging is predicting additional cuts this year but is unable to estimate their size or date of impact. Furthermore, the cuts experienced this year are expected to become permanent as of January 1, 2014 with the possibility of additional cuts in the new fiscal year. It should be noted that the City currently provides $46,930 to Jewish Community Services through its General Fund's Citywide Grants Program and $23,814 from its Community Development Block Grant funds to support its meal site operations. Jewish Community Service (JCS) Representative Ela Goldfarb stated that their facility is currently serving at capacity. Alliance for Aging Representative for Little Havana ANC stated they are serving about 50 meals less. Mayor Matti Bower requested a list showing the funds being provided to each organization for all services and food. Chairperson Deede Weithorn suggested looking at CDBG 228 Item II BO 127 144 147 153 154 155 156 157 1se 159 160 161 1 4 6 61 101 120 124 funding to include food as a line item. Currently, JCS and Little Havana ANC spend about $5.62 in reimbursement cost. Chairperson Weithorn made a motion to recommend funding up to $17,750 thru the end of the fiscal year and then budget will assess what can be funded for the next fiscal year. Commissioner Michael Gongora second the motion. 13. Discussion on items automatically being withdrawn if not heard within six months from referral date per resolution no. 2013-28147 F&CWP Pending Items -Commission Referrals A·ttachment 1 Date Tltlo Referred By Date Referred Ellplrlng per Note Reao 112013- 28147 Dscussion Regarding: Business Tax Receipt Renewal October 24, 2012 1124/13 Monitor this ~em and bring it back before the Not1cas, How We Handle Ch.er Qlarges; Reasons For Jorge R. Expoo ito 912312013 Miscalculations: And Correctiw Action Plan. Commission ~em C4B Committee in No\ember 2013 to sae how it woil<ed. Dscussion regarding small cells on existing poles Michael Gongora April17, 2013 10117120U Commission item C41 Dscussion of budgetary resources to keep funding social Jonah Wolfson June 5, 2013 121612013 programs commission Item PA11 Dscussion regarding sxplonng the 1mpact:s from the reduct1an of On-Street Parking Spaces on Alton Road Deeda Weithom June 5, 2013 121112013 between 61h Street and Michigan A~enue caused by the Commission ~em C4K FOOT P roj eel Dscussion on Increasing the Ll~ng Wage RMe in July 19, 2013 Accordance with the options pursuant to the Ordinance Commission Item C4A 111112013 201().3682 D1scuse1on on the Reo.,iaw aod Recommendations for July 19, 2013 impro-.ing the City's Procurement Code completed by the Commission ~em C4B 111112013 National Institute for Public Procurement (NIGP) Discussion reQ.arding Proposed Comprehen:sl..e Records July 19, 2013 111112013 Management Plan Commission Item C4C Dscussion regarding Walker Pail<ing to conduct a pail<ing July 19, 2013 111912013 supply and demand analysis Commission Item C4D Dscussion regarding proposed City Wide sur.ey of Single July 19, 2013 Family Home Dstlicts >n orderto determ>ne the number of Commission Hem C4M 111112013 architectura/1)' significant homes in the City Dscussion regarding a possible partnership between the July 19, 2013 City of Miami Beech and the Bicycle Action Committee Commission Item C4P 111112013 (BAG) in an effort to promote safety for Bicyclists Discussion regarding Red Light Cameras in Miami Beach in July 19, 2013 light of a new State Law that goes into effec:t on July 1. Michael Gongo~a Commission Item R9M 11111201~ 2013 Dscussion to immediately reinstate the Fee Wai...,rfor Jerry Libbin July 19, 2013 111912013 Sidewalk cares in North Beach Commission Item R9P Dscussion regarding Resolution No. 20131 .28304 urging Matti Herrera Bower July 18, 2013 Miami-Dade County not to close the South Shore and North Jorge Expoo ito Commission Item R9W 111$12013 Beach libraries Old Business Items (September Agenda Items) Status update on Business Tax Process lmpro~ement. Jorse R. Exposito 8/H/2013 Awaiting new business tax system Additional proposed amendment to the City's Ll-.lng Wage City Managers Oftice September 27, 2011 8/H/201~ per Raul Aguila -waiting lor the Suprema Court to rule on Ordinance Mandating Health Benefits Plan Commission Item R7E this Discussion of responses recei\ed from the Request For City Managers Oftice 9123/2013 Letters of lnte~es\ (RFLI) for a North Beach parking garage Discussion on water conserwtion methods and Jonah Wolfson June 6, 2012 91%312013 4125113 COM Smith to prc>'oide a study for Single Family implementMion Commission Item C4G homes with the current dala back to the Committee. A Discussion Regarding Upgrade To Municipal Parl<ing January 16, 2013 Garage Gated Re\E!nue Control System. Oly Managers Office Commission Item C4J 81%312013 Discussion regarding the issuance of a request for March 13, 2013 3121113 The Committee recommended bringing \he item qualiflcations fer a third franchise Solid Waste contractor for Ed Tobin Commission Item C4A 912312013 back to Finance with the RFW so that the City Is prepared residential and comme~eial Solid Waste collections and May B, 2013 when the franchise contractor sale is finalized. dispooal Commission Item C2C Discussion regarding permit expiration courtesy March 13, 2013 notices;Amnesty for expired pemnits;And length of time for Deede Weithom Commission Item C40 912312013 bu1ld1ng pennits 229 THIS PAGE INTENTIONALLY LEFT BLANK 230 (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMITIEE MEMORANDUM TO: Mayor Matti H. Bower and Members FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: REPORT OF THE SPECIAL FINANCE AND CITYWIDE PROJECTS COMMITIEE MEETING ON AUGUST 21, 2013 The agenda is as follows: The meeting was called to order noting that Chairperson Deede Weithorn, Commissioner Michael Gongora, Commissioner Jerry Libbin, Mayor Matti Bower, Commissioner Ed Tobin and Commissioner Jorge Exposito were present. Commissioner Jerry Libbin departed the meeting before the conclusion. OLD BUSINESS NEW BUSINESS 1. General Fund CSL Update (OBPI) -including impact of bargaining unit agreements/givebacks ACTION Status update given on the current service level since July sth 2013 from approximately 4.9 million dollar gap to a 2.4 million dollar gap. Also to prepare a Letter to Commission of all funded open positions for the past six months. Budget and Performance Improvement Director John Woodruff presented the item. Commissioner Jorge Exposito requested a list of all funded open positions for the past six months be provided to the Commission with the recommended changes regarding the Current Service Level Budget. 231 -----------------~~------------ Agenda Item CG E Date f-ll-13 2. Updates related to the General Fund Budget a. Discussion on Increasing the Living Wage ACTION The Committee recommended to move to follow the City's Living Wage Ordinance stipulating no annual increase to the Living Wage rates for the employees of City service contractors for FY 2012/13 or FY 2013/14. Procurement Division Director Alex Denis presented this item. Motion made by Commissioner Ed Tobin to move to follow the City's Living Wage Ordinance stipulating no annual increase to the Living Wage rates for the employees of City service contractors for FY 2012/13 or FY 2013/14. Commissioner Jorge Exposito seconded. b. Food Trucks ACTION Passed to include Food Trucks as stipulated in the budget. c. Information Technology Projects ACTION The Committee reviewed the list of projects and requested that a Letter to Commission be provided for both the AVL system and the WIFI system. Budget and Performance Improvement Director John Woodruff presented this item. Commissioner Ed Tobin requested additional detail in Letter to Commission (LTC) of the AVL system as well as the WIFI system. d. Status Update on Senior Meals ACTION The Committee recommended including the funding for lost meals as a line item in the current budget. Community Service Division Director Maria Ruiz presented this item. Chairperson Deede Weithorn stated the funding lost as a result of the sequester is included as a line item in the current budget. 232 e. Status Update on Planning Days ACTION The Committee recommended rejecting an increase in pay in lieu of planning days and to allow the City Manager to bring back a proposal per the feedback provided by the Committee. Human Resources Assistant Director Carla Gomez presented this item. Commissioner Michael Gongora made a motion to reject increases. Mayor Matti Bower seconded. City Manager Jimmy Morales to bring back a proposal per the feedback provided by the Committee. f. Sunscreen Licensing Agreement ACTION The Committee requested the definition of Net Profit be provided to the Commission~ a revenue line item be included in the budget at zero for the current fiscal year and to continue moving forward on producing the Sunscreen product. Tourism and Cultural Economic Development Director Max Sklar presented this item. The Administration provided an update and summary of the proposed terms with BUll Holdings. The Committee expressed support for a sunscreen license agreement, but requested to see the definition of Net Profit, which, at the time of the Committee meeting, was still being negotiated between both parties. Chairperson Deede Weithorn requested the definition of Net Profit be provided to the Commission, a revenue line item be included in the budget at zero for the current fiscal year and to continue moving forward on producing the Sunscreen product. g. Updated Discussion on Proposed Funding Cuts for Libraries ACTION No action necessary. h. Discussion on Hispanic Heritage Affairs Committee Motion on Hispanic Heritage Month ACTION The Committee will look at re-purposing funds later in the year. 233 Hispanic Heritage Committee member Ivan Cano presented this item. Commissioner Michael Gongora suggested combining the Food truck Festival with the Hispanic Heritage Festival. Commissioner Jorge Exposito suggested researching grants to fund the events that occur throughout Hispanic Heritage Month. Chairperson Deede Weithorn suggested that the Committee look at re- purposing funds later in the year. 3. Lincoln Road Proposed Enhancements ACTION The Committee requested the City discontinue the process for the Issuance of Request for Proposals for the Maintenance of Lincoln Road and pursue the addition of a mall manager, enhanced code enforcement, and completion of a master plan for the upgrade of Lincoln Road through the FY 2013/14 budget process. City Manager Jimmy Morales to provide alternate solutions. City Manager Jimmy Morales presented this item. Commissioner Ed Tobin suggested evaluating if the mall manager function can be completed with current City employees. The Committee requested the City discontinue the process for the Issuance of Request for Proposals for the Maintenance of Lincoln Road and pursue the addition of a mall manager, enhanced code enforcement, and completion of a master plan for the upgrade of lincoln Road through the FY 2013/14 budget process. City Manager Jimmy Morales to provide alternate solutions. 4. Potential Efficiencies, Service Reductions, Revenue Enhancements and Service Enhancements (OBPI) ACTION The Committee requested the complete list of enhancements to include enhancements not recommended by the Administration so the Commission can see the full picture of enhancement requests. Budget and Performance Improvement Director John Woodruff presented this item. Chairperson Deede Weithorn requested budget provide the complete list of enhancements to include enhancements not recommended by the Administration so the Commission can see the full picture of enhancement requests. 234 (9 MIAMIBEACH City of Miomi Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.\;lov TO: FROM: Mayor Matti H. Bower and Member Jimmy L. Morales, City Manager COMMITIEE MEMORANDUM of the C~ission DATE: September 11, 2013 SUBJECT: REPORT OF THE SPECIAL FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING ON AUGUST 22,2013 The agenda is as follows: The meeting was called to order noting that Chairperson Deede Weithorn, Commissioner Michael Gongora, Commissioner Jerry Libbin, Mayor Matti Bower, Commissioner Ed Tobin and Commissioner Jorge Exposito were present. Commissioner Michael Gongora departed the meeting before the conclusion. OLD BUSINESS 1. Carryover of any items from August 21, 2013 NEW BUSINESS 2. Other Issues from Non-General Fund Budgets a. Update Regarding World Out Games ACTION There was no discussion on this item. Chairperson Deede Weithorn to meet with the Visitors Convention Authority to look over their budget and determine if funds are available that can be used for the World Out Games. b. Mass Transit Circulator Funding ACTION The Committee requested City Manager Jimmy Morales provide a memo to properly evaluate portions of the Implemented Route 115/117 circulators operating in tourism eligible areas and there budget impacts. Agenda Item C &:, t: 235 Date 9-/1~13 Public Works Director Eric Carpenter presented this item. Mayor Matti Bower requested to see the figures and a detailed analysis of headways. Chairperson Deede Weithorn stated more statistics need to be provided to make an informed decision. City Manager Jimmy Morales to provide a memo to properly evaluate portions of the Implemented Route 115/117 circulators operating in tourism eligible areas and their budget impact. c. GMCVB Budget for City of Miami Beach Initiatives ACTION The Committee recommended sending this item to Finance and Citywide Projects Committee since it has no impact on the budget. Tourism Cultural and Economic Development Director Max Sklar presented the item. Commissioner Ed Tobin recommended this item be sent to future Finance and Citywide Projects Committee to be discussed since it has no impact on the current budget. d. Proposed 11 Visitors Convention Authority" Budget ACTION There was no discussion on this item. Chairperson Deede Weithorn will meet with the Visitors Convention Authority to work on fine-tuning their budget and determining if funding is available to include the World Out Games and other Convention Center items. e. Proposed Water and Sewer Rates ACTION The Committee recommended approving the proposed rate in sewer to pass through the increase in wholesale sewer rates from Miami Dade Water and Sewer Department of about $3.29 to the customer. Public Works Director Eric Carpenter presented this item. f. Discussion Regarding future Stormwater Bonds and Related Rates ACTION The Committee recommended the City Manager look at the financial sequencing of the projects and bring back proposed options to the Committee. 236 Chief Financial Officer Patricia Walker presented this item. Commissioner Ed Tobin will look at the CIP sequencing of projects. City Manager Jimmy Morales will look at the financial sequencing of the projects and bring back proposed options to the Committee. 237 THIS PAGE INTENTIONALLY LEFT BLANK 238 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 bers o~i: Commission FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: REPORT OF THE NEIGHBORH D/COMMUNITY AFFAIRS COMMITIEE HELD ON MONDAY JULY 29, 2013. A meeting of the Neighborhood/Community Affairs Committee was held on Monday, Jul~ 29, 2013 at 3:00 pm, and was held in the City Manager's Large Conference Room, 4t Floor. Commissioners in attendance: Commissioners Jerry Libbin, Ed Tobin 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 3:06PM. 1. Discussion Regarding The 1st Annual "Canstruction" Jr. South Florida Competition. Commissioner Tobin withdrew the Item. 2. Discussion Regarding Building A Guardhouse At The East Entrance Of Normandy Shores (4:50PM) Commissioner Tobin began the discussion regarding the history and some background on the Guardhouse item. He stated that the purpose for this Guardhouse was to enhance the neighborhood and can potentially be a healthy investment for the homeowners and overall neighborhood. The fence however, was placed there by Police to deter crime in the area. Commissioner Libbin stated that due to this fence, Police were able to arrest someone that was committing a crime. Eric Carpenter, Public Works Director spoke on the item Jose Smith, City Attorney explained about the new developer who is willing to put a guardhouse. John Bowes, Normandy Shores Association president spoke. Avanti and Fairway Park Association spoke Motion: By Commissioner Tobin Public Works Director, Eric Carpenter to come up with an estimate for the guardhouse and maintenance. Also, work with legal to solidify and come back to committee in September. Second by Commissioner Exposito. 239 Agenda Item Date City Commission Memorandum September 11, 2013 Report of the Neighborhoods/Community Affairs Committee of July 29, 2013 Page 2 of 7 3. Discussion Regarding A Request To Set Up Maintenance Standards For All City Plaques. (5:15PM) Commissioner Exposito stated that the City's plaques should have proper maintenance. Eric Carpenter presented the item and stated that currently the City does not have a person or budget to maintain these plaques. There are approximately sixty to sixty-five metal (bronze or aluminum) plaques throughout the City that would benefit from maintenance standards. It was recommended to have a professional, who is familiar with plaques assessment, restoration and reconditioning to develop the maintenance standards. Commissioner Tobin disagreed in that the City needs a professional and asked to have Eric Carpenter drill down and get the task done in-house. Motion: By Commissioner Tobin directing Public Works department to move forward and find a way to implement a maintenance program. Second by Exposito. 4. Discussion Regarding Bringing The Junior Orange Bowl Tennis Tournament To Miami Beach. (3:06 PM) Max Sklar, Tourism, Culture and Economic Development Director presented the item. He gave some background on the history of this tournament which was hosted by the City at the Flamingo Tennis Center until 1998. The tournament is currently in Plantation, FL, in part, because there is no current facility in Miami-Dade County that offers the sufficient clay courts to meet their needs. Miami Beach could accommodate the tournament by combining the new Flamingo Park tennis center with the clay courts at North Shore Park. City staff and staff from the Greater Miami Convention and Visitors Bureau have been engaged in ongoing discussions with the Orange Bowl Committee and the United States Tennis Association Director of Junior Competition, Lewis Brewer. Based on these discussions, the following is a list of items that need to be addressed in order to meet their needs. • A limited amount of parking could be accommodated at Flamingo Park, but the majority of the parking would be located off-site at both public and private parking lots and garages in the area surrounding Flamingo Park. A shuttle would need to be provided to help transport attendees to and from the park. • The tournament overlaps with Art Basel Miami Beach. The City has been working with the GMCVB to identify potential hotels both within the City and on the mainland. • Temporary bleachers would be required to provide seating for spectators. These are available for rental and can be installed on a temporary basis. Commissioner Tobin spoke regarding his desire to have this tournament back. He would like administration to look at various opportunities and drill down. Commissioner Libbin expressed his concerns regarding the overlap with Art Basel Miami Beach and requested to have Max Sklar discuss having the dates changed. 240 City Commission Memorandum September 11, 2013 ----------------------------------- Report of the Neighborhoods/Community Affairs Committee of July 29, 2013 Page 3 of 7 Howard Kaufman spoke Motion: Commissioner Tobin gave direction to administration to send a formal courtship letter to the USTA to see if they can be flexible with their dates and come back to committee in December. 5. Discussion Regarding Bicyclist Safety Campaign With The Miami Beach Police Department, Deco Bikes And Local Bicycle Rental Companies. (4:15 PM) Transportation Manager Jose Gonzalez presented the item. He shared the current efforts being done by the City in conducting bicycle safety campaigns. The City has partnered with FOOT and the University of Miami Bike Safe Program and other agencies to promote bicyclist safety. The City is currently airing ten (10) public service announcements (PSA) pertaining to the bicyclist safety campaign. In addition, the Transportation Division will update its previous brochure to ensure that the information is current. These will be disseminated during the campaign by Police Neighborhood Resource Officers, the City website, social media networks, printed media and Channel 77. Commissioner Tobin encouraged all involved to continue the campaign safety efforts. Alex Fernandez, Aide to Commissioner Weithorn spoke regarding the efforts with working with FOOT and Alton Road. Commissioner Weithorn would like to see bike rules and regulations at all Deco Bike stations as well as all rental bike shops. He stated that Commissioner Weithorn would like to see a plan prior to enforcement and take the plan to the Bike Committee within six (6) months. Commissioner Tobin expressed his frustrations with this issue and the lack of embracement with optional transportation within the community. Commissioner Libbin suggested working with our schools and perhaps, developing a bike safety check program with Police. Commissioner Tobin would like to see the City continue with our informational material and PSA. Motion: Motion by Commissioner Tobin Transportation Division to develop a plan and refer to Bike Committee once established. Bring back to Neighborhood/Community Affairs Committee in six (6) to eight (8) months. Second by Commissioner Exposito 6. Discussion Regarding 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 20461 Establishing Special Master 241 City Commission Memorandum September 11, 2013 --------------------------- Report of the Neighborhoods/Community Affairs Committee of July 29, 2013 Page 4 of7 Lobbying Prohibitions; Providing For Repealer, Severability, Codification, And An Effective Date. (5: 10 PM) Deborah Turner, First Assistant City Attorney presented the item. She stated that this item was a referral by Commissioner Weithorn to consider amending the ordinance in order to promote good government practices and standards. The proposed amendments will prohibit the Chief Special Master and Special Masters from lobbying City Personnel during their City service and will also prohibit their lobbying before the Chief Special Master or Special Masters for a period of one year following cessation of their City service. Motion: By Commissioner Tobin directing the City Attorney's Office to tweak language and move forward to Commission. Second by Commissioner Exposito 7. Discussion Regarding Miami Beach Mass Transit Loop And Transit Enhancement For North Beach And Middle Beach Circulator (4:30 PM) Jose Gonzalez, Transportation Manager presented the item. Pursuant to the Committee's request, City staff has conducted a review of over a dozen transportation studies in Miami Beach completed in recent years. Three studies in particular included recommendations for transit circulator service in the Middle and North Beach communities. The three transit studies identified were the following: • Coastal Communities Transit Plan (CCTP) (2007) • Miami Beach Municipal Mobility Plan (1999) • Miami Beach lntermodal Feasibility Study (2000) Staff conducted a preliminary comparison between the North Beach Circulator route recommended in the CCTP and the current MDT Route 115/117 bus service implemented as a result of the CCTP. Based on the preliminary comparison, City staff developed proposed revisions to the CCTP North Beach (N B) Circulator in an effort to improve route connectivity and increase service area coverage. With the proposed truncations and extensions to the CCTP North Beach Circulator route, the circulator would serve as a larger market in the NB community than the current MDT Route 115/117. Further analysis and route refinement is needed to develop the optimal route for a circulator in NB. The optimal route would also need to comply with acceptable headways (15 min. to 20 min.) to ensure its success. Commissioner Exposito expressed his concerns with the long headways. Given that the current headways are more than 40 minutes, he feels this will not get ridership. It must be less than 20 in order to get people to ride the bus. Commissioner Tobin wants administration to have a business plan with exactly what it is going to take to have something in place soon; such as budget, ridership, headways, etc. Commissioner Libbin would like to see the City put efforts into implementing a loop and connector and try it for six (6) months. He would like to see something by January 1, 2014. 242 City Commission Memorandum September 11,2013 Report of the Neighborhoods/Community Affairs Committee of July 29, 2013 Page 5 of 7 Deborah Ruggiero, North Beach resident spoke Commissioner Exposito would like the City to start with North Beach and he would like to see the connection to Mid-Beach soon after. Motion: Made by Commissioner Libbin to direct administration to bring plan to commission in September and make an additional category (5th bucket) with Quality of Life funding; Second made by Commissioner Exposito. 8. Discussion To Consider A New False Claims Ordinance (Whistle Blower). (3:31 PM) Commissioner Tobin introduced the item. Commissioner Libbin invited Jonathan Kroner, Labor Attorney to speak regarding the False Claims Ordinance. Commissioner Libbin asked Mr. Jonathan Kroner to explain the inadequacies of the ordinance. Commissioner Libbin had a conversation with Mr. Josh Fuller regarding the process and filing of a case. He is concerned that the whistle blower could be penalized for coming forth. He wants to ensure that the person coming forward is protected. Mr. Jonathan Kroner spoke regarding the history of the ordinance. Motion: By Commissioner Libbin directing City Attorney's office to go through and red line the ordinance and bring back to committee in September; Second by Commissioner Tobin. 9. Discussion Regarding A Potential Public Basketball Court To Be Located Between sth and gth Street, West Of The Dune, Near The Exercise Equipment. Action: Item deferred and to bring back to committee in September. 10. Discussion Regarding The Transportation And Parking Committee And The Bicycle-Pedestrian Facilities Advisory Committee Of A Resolution Approving An Amendment To The Flamingo Neighborhood Association For 10-Foot Wide Travel Lanes In The Local Avenues, 6-Foot Wide Sidewalks, And For A Cycle Track On 161h Street. (5:20PM) Public Works Director Eric Carpenter presented the item. He explained the history of this item. When the City moved forward with the Flamingo 1 OF project (bound by yth St, Washington Ave, 1oth St and Meridian Avenue), the Flamingo Park Neighborhood Association (FPNA) objected to the bicycle lanes on Euclid Avenue as it would have required a reduction in the 7 .5-foot wide planting areas that were part of the BOOR. In exchange for support of the project and the bicycle lanes on Euclid Avenue at a Historic Preservation Board meeting on August 10, 201 0, the FPNA requested that all 243 City Commission Memorandum September 11, 2013 Report of the Neighborhoods/Community Affairs Committee of July 29, 2013 Page 6 of7 avenues designated as local have 1 0-foot travel lanes and that all sidewalks be a minimum of six (6) feet in width. The Historic Preservation Board, per File No. 7192 and File No. 7232, approved the Flamingo 1 OF project, including the 1 0-foot wide travel lanes in the local avenues, 6-foot wide sidewalks, and bicycle lanes on Euclid Avenue, at its August 10,2010 and April12, 2011 meetings, respectively. However, since the development of the Flamingo BOOR and the AGN Master Plan, the Flamingo neighborhood has evolved. At the February 19, 2013 Neighborhood/Community Affairs Committee (NCAC} the committee endorsed the reduction in travel lane width and increase in minimum sidewalk width in order to achieve the goal. There has also been additional research on alternative types of bicycle facilities such as cycle tracks wherein bicyclists are separated from vehicular traffic. Cycle tracks (off street bike path) are particularly suited for corridors in which there are few driveways and cross-streets which create potentially unsafe conflicts. Staff has evaluated the cycle track cross-section for 161h Street and believes that it is a more appropriate bicycle facility than the bicycle lanes in this instance. Commissioner Exposito asked if this is going to be placed on the swale what material was being used. Eric Carpenter did not have the specifics but believes the material would be asphalt and yes, it would be in the swale. At the June 5, 2013 the Commission referred this item to the Transportation and Parking Committee (TPC), Mark Needle, resident spoke Assistant City Manager Kathie Brooks clarified the reason for this item coming back to committee. The item was placed on the June Commission Agenda by Administration for approval of the resolution in amending the BOOR. Discussion regarding swale encroachment took place. A letter should be mailed to these residents letting them know that the swale is government property. Currently, CIP sends a letter advising residents that they need to remove the plants from swale. Commissioner Exposito would like to see more neighborhood input. Commissioner Tobin would like to have the Parks & Recreation Department's Arborist take a look and work with Public Works. Motion: By Commissioner Tobin directing Public Works to move item to Commission for October with the plan of action and objective. 11. An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By 244 City Commission Memorandum September 11, 2013 Report of the Neighborhoods/Community Affairs Committee of July 29, 2013 Page 7 of? Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay Districts," Creating Division 8 "Alton Road-Historic District Buffer Overlay," By Including Section 142-858 "Location And Purpose," and Section 142-859 "Development Regulations," Including Among Other Provisions Regulations On Maximum Floor Area Ration; Maximum Building Height; Minimum Setbacks; Building Separation; Demolition Or Additions To Contributing Buildings In An Historic District; And Land Use Regulations For Location Of Retail Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverages Establishments And Similar Uses; Requiring Conditional Use Approval Of Such Uses In Excess of 10,000 sq. Ft.; And Prohibiting Alcoholic Beverages And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance; Providing For Codification; Repealer; Severability; And An Effective Date. 5:00p.m. First & Only Reading Public Hearing (5:50PM) Planning Department Director Richard Lorber presented the item. The purpose of the Alton Road -Historic District Buffer Overlay is to minimize the impacts of development along Alton Road on residential properties located in the Flamingo Park Historic District and the Palm View Historic District. Specifically the overlay district is intended to apply to properties zoned CD-2 Commercial Medium Intensity that are adjacent to lower intensity RS-4 and RM-1 residential buildings in designated local historic districts. The overlay district regulations are intended to achieve a more compatible relationship of scale and massing between the Alton Road corridor and the adjoining residential neighborhoods. The proposed ordinance limits the floor area ratio (FAR) to a maximum of 1.5 by removing the existing bonus of .5 FAR for mixed-use buildings. This will make new construction along Alton Road more compatible in scale and intensity with the adjoining historic neighborhood zoned RM-1, which has existing buildings that range from 0.5 to 1.25 FAR with a few scattered sites over 1.25 FAR. Joe Jimenez, Assistant City Manager explained all three pieces of this ordinance and recommended that further discussion is needed to solidify the language. Direction: Administration to work with City Attorney's office and review the ordinance. 12. Quarterly Reports, Code Enforcement, Police And Sanitation Regarding Washington Avenue. (3:57PM) Police Assistant Chief Overton and Captain Dace presented the crime statistics 245 N ~ 0) ~ l ,; ' i -~--" /v'\ l f""· ···-·; <·:~I PLEASE PRINT LEGIBLY NAME 1llct,ll\1\,.l} \It~.,--~ a~~lc_ -\ Q: ~)( £.~~ £Nf<fG(~e ~(_Q_ 5' l {) N ~'(. _ b () L/) I Ai ll NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE July 29, 2013 SIGN-IN SHEET ORGANIZATION I DEPT. I PHONE NO. o«\ce o-P s\Cc\e-~. o .~2..~ -z"--o~ ~{cc6 X' ')2-{tl) t~</3 c.., r/-1 "-""<: rV' f.l ··;; ttk-:5 I R£ ~ ' 6~00 EMAIL ~ JjJ~IQniiStl:l~ ;{(pr I H q':;;_ · f:u·t.oo t:.. S. I It G J . ' bD{b ;:,;: r>ATl..J.(j-~ J Cg_o r~ e~ \Leit p-c~ Jj J. ]Jv· bOY-f. (flL€>~LDr-lOA1ftlLStCtA·iM~ c.>". N ~ ....... .1/P\. '\ \ /\_ '? ;:: .·~~ ("'· h ~ .. --~,._':fl. l .... '· .'i .. ~ .... l t. ~ . I '£ ~ ..... T --.--· PLEASE PRINT LEGIBLY NAME -re " P\. " f'], ~VIZ Jllal/'~ jll-e_di., bAe.rr-w;r<..vr ~ NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE July 29, 2013 SIGN-IN SHEET ORGANIZATION I DEPT. PHONE NO. EMAIL _/ltlit41/: f/17/1 /~JrWM*7~ 1 36-117-l 'l~t le-v~ @ A<rtMJI.r • edu ~-/ , I pr d 14-7 / )...;~ 4'i( 7'3£ 5¥ F I 9-?~ //?f<t:'.k. ~ e d~ <;;iJ ~-r··fJ/..-g-~/. ~ I ...... Ltz;__;j!_ X-& f/f/ I ki-~/~G .. ~J h-~--ud?..::., F . --· ----------------·,P -··--·-·-.. ... . .... --------·----- THIS PAGE INTENTIONALLY LEFT BLANK 248 (") ....... COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the City Manager or His Designee to apply for and accept two (2) grants and re uestin retroactive a roval for the submittal of three 3 additional rants. Key Intended Outcome Supported: 1) Increase satisfaction with family recreation activities and ensure well maintained facilities; 2) Enhance learning opportunities for youth; 3) Maximize efficient de livelY_ of services; 4) and 5) Expand e-Qovernment. Supporting Data: 1) Community Satisfaction Survey 2012: The typical resident visited City parks and recreational areas 58 times during 2012; 2) Centers for Disease Control and Prevention/Miami Dade- County Public Schools: Child obesity has more than doubled in children and tripled in adolescents in the past 30 years. In 2010, more than 1/3 of children and adolescents were overweight or obese. Decreasing childhood obesity will improve overall student health, thus leading to increased attendance at school; 3) Environmental Scan 2012: The Fire Department has experienced a 9% increase in the number of pre- hospital care calls for service from 14,865 in 2001 to 16,243 in 2011; 4) and 5) Community Satisfaction Survey 2012: When asked "Where do you go most often to get your information about the City?" 44% of respondents used the web (23% Miami Beach Website; 18% internet news sources and 3% social media). Item Summary/Recommendation: The Administration requests approval to authorize the City Manager or his designee to take the following actions: Submit grant applications to: 1) Florida Recreation Development Assistance Grant Program (FRDAP) FY 14/15 in the approximate amount of $200,000 for Flamingo Park Handball Courts; and, 2) 2014 US Conference of Mayors Childhood Obesity Prevention Grants Program in an amount up to $120,000 to enhance the health and well being of youth in our community; and retroactive approval for: 3) Submittal of an application to the Miami-Dade County Emergency Medical Services Grant Program in the approximate amount of $8,010 for the improvement and expansion of pre-hospital Emergency Medical Services 4) Submittal of an application to the Knight Foundation in the approximate amount of $50,000 for the Code for America Program for a web development team to evaluate and implement web and mobile applications; and 5) Submittal of an application to the Miami Beach Visitor and Convention Authority in the amount of $30,000 for the Code for America Program; appropriating the above grants, matching funds and City expenses, if approved and accepted by the City; authorizing the execution of all necessary documents related to the aforestated applications, including, without limitation, audits of such grants, and authorizing the City Manager or his designee to take all necessary actions related to these gJants. Financial Information: Source of # Grant Name/Project Approx. Approximate Match Amount/Source Funds Grant '= Amount 1 FRDAP/Fiamingo Park $200,000 Required grant match is approx. Handball Courts $200,000. Source: MDC COT lnterlocal-COT Resort Tax Eligible through the FY 13/14 Budget Process . (to be appropriated) 2 US Conference of $120,000 N/A-Match not required Mayors/Childhood Obesity Prevention 3 MDC Emergency Medical $8,010 N/A-Match not required Services/EMS 4 Knight Foundation/Code $50,000 N/A-Match not required for America Program 5 Miami Beach Visitor and $30,000 $30,000-Corporate Support Convention Authority/ Code for America Financial Impact Summary: N/A Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement Assistant City Manager City Manager DATE 'f1f-J 3 C7/1 MIAMI BEACH 250 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochll.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M DATE: September 11, 2013 SUBJECT: A RESOLUTION APPROVING A D AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1) SUBMIT AN APPLICATION TO THE 2014/2015 FLORIDA RECREATION DEVELOPMENT ASSISTANCE GRANT PROGRAM (FRDAP) FOR FUNDING IN THE APPROXIMATE AMOUNT OF $200,000 FOR FLAMINGO PARK HANDBALL COURTS; 2) SUBMIT AN APPLICATION TO THE U.S. CONFERENCE OF MAYORS FOR THE 2014 CHILDHOOD OBESITY PREVENTION GRANTS PROGRAM IN AN AMOUNT UP TO $120,000; AND RETROACTIVELY, 3) SUBMITTAL OF AN APPLICATION TO MIAMI-DADE COUNTY EMERGENCY MEDICAL SERVICES (EMS) GRANT IN THE APPROXIMATE AMOUNT OF $8,010 FOR THE IMPROVEMENT AND EXPANSION OF PRE-HOSPITAL EMERGENCY MEDICAL SERVICES 4) SUBMITTAL OF AN APPLICATION TO THE KNIGHT FOUNDATION FOR FUNDING IN THE APPROXIMATE AMOUNT OF $50,000 FOR THE CODE FOR AMERICA PROGRAM FOR A WEB DEVELOPMENT TEAM TO EVALUATE AND IMPLEMENT WEB AND MOBILE APPLICATIONS; AND 5) SUBMITTAL OF AN APPLICATION TO THE MIAMI BEACH VISITOR AND CONVENTION AUTHORITY FOR FUNDING IN THE AMOUNT OF $30,000 FOR THE CODE FOR AMERICA PROGRAM; APPROPRIATING THE ABOVE GRANTS, MATCHING FUNDS AND CITY EXPENSES, IF APPROVED AND ACCEPTED BY THE CITY; AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THE AFORESTATED APPLICATIONS, INCLUDING, WITHOUT LIMITATION, AUDITS OF SUCH GRANTS, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL NECESSARY ACTIONS RELATED TO THESE GRANTS ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS 1. Approval to submit a grant application to the State of Florida. Department of Environmental Protection. for the Florida Recreation Development Assistance Program (FRDAP} for funding in an amount not to exceed $200.000 for the renovation of the Handball Courts at Flamingo Park. 251 Commission Memorandum Page2 The Florida Recreation Development Assistance Program (FRDAP) is a competitive program which provides grants to local government entities for acquisition and development of land for public outdoor recreation use. The Florida Department of Environmental Protection (DEP) administers the FRDAP program. Flamingo Park is a 34.5 acre district park located in South Beach. Flamingo Park is one of Miami Beach's oldest and most utilized parks and was constructed in 1950. The grant will provide funding for the following: 1) Renovations to the Joe Rubin Handball Courts including lighting, painting and replacement of the observation platform temporary roof with awning; and 2) Demolition and replacement of the Robert C. Haas Handball Courts. The Robert C. Hass handball court building was built in 1964, and is currently in disrepair. The Ad ministration intends to submit an application for funding in the amount of $200,000 for the above mentioned handball courts and restrooms. The total cost of this project is $513,000. This grant requires a $1 :$1 match. The source of matching funds is MDC COT lnterlocai- CDT Resort Tax Eligible through the FY 13/14 Budget process (to be appropriated). This grant supports the key intended outcomes increase satisfaction with family recreational activities and ensure well maintained facilities. 2. Approval to submit an application to The United States Conference of Mayors for the 2014 Childhood Obesity Prevention Awards program for funds in an amount up to $120.000 to enhance the health and well being of youth in our community In 2012 The United States Conference of Mayors (USCM) and the American Beverage Association (ABA) partnered to create the Childhood Obesity Prevention Program, a landmark three-year initiative to provide support to cities in their efforts to eradicate childhood obesity. The goal of the program is to recognize outstanding mayoral-based initiatives that have the greatest potential to reduce childhood obesity, and to provide those outstanding programs with capacity-building resources to assist their local programs for broader reach in tackling the challenge of childhood obesity. The program also includes a national public awareness campaign, and will connect mayors with innovative, cost-effective program strategies to successfully reduce childhood obesity in their cities. The City plans to apply for this program to support our Education Compact outcome to enhance the health and well being of youth in our community by implementing a program to reduce childhood obesity through culturally appropriate interactive educational nutrition activities based on the USDAs team nutrition program and other innovative curricula and physical activities including parent cooking classes and community gardening. This grant does not require matching funds and supports the key intended outcome: enhance learning opportunities for youth. 3. Retroactive approval for the submittal of an application to Miami-Dade County for Emergency Medical Services (EMS) grant funds in the approximate amount of $8,010 to improve and expand pre-hospital emergency services The Florida Department of Health is authorized by chapter 401, Part II, Florida Statutes to provide grants to Boards of County Commissioners for the purpose of improving and expanding emergency medical services. These grants are awarded only to Boards of County Commissioners, but may subsequently be distributed to municipalities and other agencies involved in the provision of EMS pre-hospital care. Miami-Dade County makes these funds available to cities within the County. The funds are derived by the state from surcharges on various traffic violations. 252 Commission Memorandum Page3 Due to the August City Commission recess, the Administration has applied for funding in the approximate amount of $8,010. Funding may be used for EMS educational materials, materials, supplies, training, training equipment, technical rescue equipment and reference library materials. This grant does not require matching funds. The project supports the key intended outcome: maximize efficient delivery of services. 4. Retroactive approval for the submittal of an application to the Knight Foundation for the City's Code for America program which would provide for a web development team to evaluate and implement web and mobile application solutions Code for America is a new non-profit, with support from Google, the Knight Foundation and other organizations, which aims to import the efficiency of the Web into government infrastructures. Code for America helps governments become more connected, lean, and participatory through new opportunities for public service. Through the Fellowship Program, cities selected to participate will be provided open source Web programmers for one year to engage the use of their talents and serve their communities. The City benefits from this program by the creation of web applications. For example, previous applications that were created from the 2011 partnerships range from a platform for community engagement in Philadelphia, transportation apps to track real-time subway and bus arrivals, a school selection tool for parents in Boston, and an open suite of municipal icons for everyone. The Code for America program enables cities to connect with their constituents in ways that reduce administrative costs and engage citizens more effectively. The City, with support from the leadership at Code for America, has been working on securing community matching funds to support this program and has been working closely with the Knight Foundation on this initiative. The Knight Foundation has invited the City to apply for funding to support this program. Due to the August recess of the City Commission, the City has submitted an application and retroactive approval is requested. This program supports the key intended outcome: expand a-government. This program supports the key intended outcome: expand a-government. 5. Retroactive approval for the submittal of an application to the Miami Beach Visitor and Convention Authority (MBVCA) Fiscal Year 2013/2014 Tourism Advancement Program (Initiatives) for the City's Code for America program which would provide for a web development team to evaluate and implement web and mobile application solutions The City, with support from the leadership at Code for America has been working on securing community matching funds to support this program. The Administration has presented this program to the Board of the Miami Beach Visitor and Convention Authority and has been invited to apply through the Initiatives Program for funding. Due to the August recess of the City Commission, retroactive approval is requested for the submittal of this grant. This program supports the key intended outcome: expand a-government. CONCLUSION The Administration requests approval to authorize the City Manager or his designee to take the following actions: 1) Submit a grant application to the 2014/2015 Florida Recreation Development Assistance Grant Program (FRDAP) for funding in the approximate amount of $200,000 for Flamingo Park Handball Courts; 2) Submit an application to the U.S. Conference of Mayors for the 2014 Childhood Obesity Prevention Grants Program in an 253 Commission Memorandum Page4 amount up to $120,000 to enhance the health and wellbeing of youth is our community; and retroactively, 3} Submittal of an application to Miami-Dade County Emergency Medical Services (EMS) grant in the approximate amount of $8,010 for the improvement and expansion of pre-hospital emergency medical services; 4) Submittal of an application to the Knight Foundation for funding in the approximate amount of $50,000 for the Code For America Program for a web development team to evaluate and implement web and mobile applications; and 5) Submittal of an application to the Miami Beach Visitor And Convention Authority for funding in the amount of $30,000 for the Code For America Program; appropriating the above grants, matching funds and city expenses, if approved and accepted by the City; authorizing the execution of all necessary documents related to the aforestated applications, including, without limitation, audits of such grants, and authorizing the City Manager or his designee to take all necessary actions related to these grants. JLM/JW/JMH 254 RESOLUTION NO. ________ _ A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1) SUBMIT AN APPLICATION TO THE 2014/2015 FLORIDA RECREATION DEVELOPMENT ASSISTANCE GRANT PROGRAM (FRDAP) FOR FUNDING IN THE APPROXIMATE AMOUNT OF $200,000 FOR FLAMINGO PARK HANDBALL COURTS; 2) SUBMIT AN APPLICATION TO THE U.S. CONFERENCE OF MAYORS FOR THE 2014 CHILDHOOD OBESITY PREVENTION GRANTS PROGRAM IN AN AMOUNT UP TO $120,000; AND RETROACTIVELY, 3) SUBMITTAL OF AN APPLICATION TO MIAMI-DADE COUNTY EMERGENCY MEDICAL SERVICES (EMS) GRANT IN THE APPROXIMATE AMOUNT OF $8,010 FOR THE IMPROVEMENT AND EXPANSION OF PRE-HOSPITAL EMERGENCY MEDICAL SERVICES; 4) SUBMITTAL OF AN APPLICATION TO THE KNIGHT FOUNDATION FOR FUNDING IN THE APPROXIMATE AMOUNT OF $50,000 FOR THE CODE FOR AMERICA PROGRAM FOR A WEB DEVELOPMENT TEAM TO EVALUATE AND IMPLEMENT WEB AND MOBILE APPLICATIONS; AND 5) SUBMITTAL OF AN APPLICATION TO THE MIAMI BEACH VISITOR AND CONVENTION AUTHORITY FOR FUNDING IN THE AMOUNT OF $30,000 FOR THE CODE FOR AMERICA PROGRAM; APPROPRIATING THE ABOVE GRANTS, MATCHING FUNDS AND CITY EXPENSES, IF APPROVED AND ACCEPTED BY THE CITY; AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THE AFORESTATED APPLICATIONS, INCLUDING, WITHOUT LIMITATION, AUDITS OF SUCH GRANTS, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL NECESSARY ACTIONS RELATED TO THESE GRANTS. WHEREAS, the Florida Recreation Development Assistance Program (FRDAP) is a competitive program which provides grants to local government entities for acquisition and development of land for public outdoor recreation use; and WHEREAS, the Florida Department of Environmental Protection (DEP) administers the FRDAP program; and WHEREAS, Flamingo Park is a 34.5 acre district park located in South Beach and it is one of Miami Beach's oldest and most utilized parks and was constructed in 1950; and WHEREAS, if awarded, the FRDAP grant will provide funding for the following handball courts located in Flamingo Park: 1) Renovations to the Joe Rubin Handball Courts including lighting, painting and replacement of the observation platform temporary roof with awning; and 2) Demolition and replacement of the Robert C. Haas Handball Courts; and WHEREAS, the Robert C. Hass handball court building was built in 1964, and is currently in disrepair; and 255 WHEREAS, the Administration intends to submit an application for funding in the approximate amount of $200,000 for the above mentioned handball courts and restrooms; and WHEREAS, the total cost of the handball courts is $513,000; and WHEREAS, the handball courts grant requires a $1:$1 match and the source of matching funds is Miami-Dade County Convention Development Tax lnterlocal -Convention Development Tax Resort Tax Eligible (MDC CDT lnterlocal-CDT Resort Tax Eligible) through the FY 13/14 Budget process (to be appropriated); and WHEREAS, the handball courts support the key intended outcomes to increase satisfaction with family recreational activities and ensure well maintained facilities; and WHEREAS, in 2012, The United States Conference of Mayors (USCM) and the American Beverage Association (ABA) partnered to create the Childhood Obesity Prevention Program, a landmark three-year initiative to provide support to cities in their efforts to eradicate childhood obesity which goal is to recognize outstanding mayoral-based initiatives that have the greatest potential to reduce childhood obesity, and to provide those outstanding programs with capacity-building resources to assist their local programs for broader reach in tackling the challenge of childhood obesity; and WHEREAS, the Childhood Obesity Prevention Program also includes a national public awareness campaign, and will connect mayors with innovative, cost-effective program strategies to successfully reduce childhood obesity in their cities; and WHEREAS, the City plans to apply for the Childhood Obesity Prevention Program to support our Education Compact outcome to enhance the health and well being of youth in our community by implementing a program to reduce childhood obesity through culturally appropriate interactive educational nutrition activities based on the USDA's team nutrition program and other innovative curricula and physical activities including parent cooking classes and community gardening; and WHEREAS, the Chlldhood Obesity Prevention Program does not require matching funds and supports the key intended outcome to enhance learning opportunities for youth; and WHEREAS, the Florida Department of Health is authorized by chapter 401, Part 11, Florida Statutes to provide grants to Boards of County Commissioners for the purpose of improving and expanding emergency medical services; and WHEREAS, these grants are awarded only to Boards of County Commissioners, but may subsequently be distributed to municipalities and other agencies involved in the provision of EMS pre-hospital care and Miami-Dade County makes these funds available to cities within the County; and WHEREAS, the funds are derived by the state from surcharges on various traffic violations; and WHEREAS, during the August City Commission recess, the Administration applied for funding for expanded emergency medical services in the approximate amount of $8,01 0; and 256 WHEREAS, such funding may be used for EMS educational materials, supplies, training, training equipment, technical rescue equipment and reference library materials; and WHEREAS, this grant does not require matching funds; and WHEREAS, the project supports the key intended outcome to maximize efficient delivery of services; and WHEREAS, Code for America is a new non-profit, with support from Google, the Knight Foundation, and other organizations, which aims to import the efficiency of the Web into government infrastructures; and WHEREAS, Code for America helps governments become more connected, lean, and participatory through new opportunities for public service; and WHEREAS, through the Code for America (CfA) Fellowship Program, cities selected to participate will be provided open source Web programmers for one year to engage the use of their talents and serve their communities; and WHEREAS, the City would benefit from the CfA Fellowship Program by the creation of web applications like previous applications that were created from the 2011 partnerships that range from a platform for community engagement in Philadelphia, transportation apps to track real-time subway and bus arrivals, a school selection tool for parents in Boston, and an open suite of municipal icons for everyone; and WHEREAS, the CfA Fellowship Program enables cities to connect with their constituents in ways that reduce administrative costs and engage citizens more effectively; and WHEREAS, the City, with support from the leadership at Code for America, has been working on securing community matching funds to support the CfA Fellowship Program and has been working closely with the Knight Foundation on this initiative; and WHEREAS, the Knight Foundation has invited the City to apply for funding to support the CfA Fellowship Program; and WHEREAS, during the August recess of the City Commission, the City submitted an application to the CfA Fellowship Program in the amount of $50,000 and retroactive approval is requested; and WHEREAS, the CfA Fellowship Program supports the key intended outcome to expand e-government; and WHEREAS, the City, with support from the leadership at Code for America has been working on securing community matching funds to support this program and the Administration has presented this program to the Board of the Miami Beach Visitor and Convention Authority and has been invited to apply through the Initiatives Program for funding; and WHEREAS, during the August recess of the City Commission, the City submitted an application to the CfA Fellowship Program in the amount of $30,000 and retroactive approval is requested; and 257 --------------- WHEREAS, the CfA Fellowship Program supports the key intended outcome to expand a-government. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission hereby approve and authorize the City Manager or his designee to take the following actions: 1) Submit a grant application to the 2014/2015 Florida Recreation Development Assistance Grant Program (FRDAP) for funding in the approximate amount of $200,000 for Flamingo Park Handball Courts; 2) Submit an application to the U.S. Conference of Mayors for the 2014 Childhood Obesity Prevention Grants Program in an amount up to $120,000 to enhance the health and well being of youth in our community; and retroactively, 3) Submittal of an application to Miami-Dade County Emergency Medical Services (EMS) grant in the approximate amount of $8,010 for the improvement and expansion of pre-hospital emergency medical services; 4) Submittal of an application to the Knight Foundation for funding in the approximate amount of $50,000 for the Code for America Fellowship Program for a web development team to evaluate and implement web and mobile applications; and 5) Submittal of an application to the Miami Beach Visitor And Convention Authority for funding in the amount of $30,000 for the Code for Fellowship America Program; appropriating the above grants, matching funds and city expenses, if approved and accepted by the City; authorizing the execution of all necessary documents related to the aforestated applications, including, without limitation, audits of such grants, and authorizing the City Manager or his designee to take all necessary actions related to these grants. PASSED and ADOPTED this ___ day of September, 2013. ATTEST: RALPH E. GRANADO, CITY CLERK JLM/JW/JMH T:\AGENDA\2013\September 11\Grants Reso.docx MAYOR MATTI HERRERA BOWER 258 APPROVED AS TO FORM & LANGUAGE . (___'.-22~~&~roOOORNENEV~.~~~~O~~J THIS PAGE INTENTIONALLY LEFT BLANK 259 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE (FCWPC) TO WITHDRAW THE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) 006-2013-TC FOR MAINTENANCE AND SECURITY SERVICES AT THE LINCOLN ROAD MALL Key Intended Outcome Supported: Ensure well-maintained facilities Supporting Data {Surveys, Environmental Scan, etc.): Cleanliness Index for Streets, Sidewalks, Rights-of-Way, Parks, Parking and Alleys Issue: I Shall the City Commission reject all proposals received? Item Summa /Recommendation: On May 8, 2013, the City Commission approved the recommendation to reject all proposals received in Response to RFP 006-2013TC because it was deemed that no vendor had demonstrated sufficient experience with venues similar to the Lincoln Road Mall. At the same time, the City Commission also approved Administration to release a new RFP subsequent to conducting an industry review meeting to include the companies that currently manage outdoor pedestrian-oriented facilities, such as Bal Harbour Shops, Bayside Marketplace, The Falls, and the Village of Merrick Park. As approved by the City Commission, the Administration conducted two industry reviews, but with disappointing participation. Property managers for outdoor-type malls within the local area and for several venues around the state were invited to participate. Only one company ABM Security, participated in the industry review. At the same time, the City was approached by several members of the Lincoln Road Property Owner's Association who expressed an interest in submitting a proposal but also expressed concerns with the overall conditions of Lincoln Road beyond routine maintenance issues. As a result, staff and several members of the Lincoln Road Property Owner's Association conducted a comprehensive walk through of the facility, which yielded the conclusions noted in the attached memorandum. In lieu of releasing another RFP at this time, it was discussed and recommended at the Finance and Citywide Projects Committee (FCWPC) that the City should put in place, as soon as possible, an in- house mall manager that can better direct and coordinate the individual departments involved in Lincoln Road maintenance, including code enforcement, and act as the City's central liaison with tenants and property owners to improve communication and facilitate facility improvements. In addition, the mall manager would assist in the proposed master planning process for Lincoln Road improvements so that that the master plan is complete by Fiscal Year (FY) 2014/15 when funding becomes available to begin improvements to the venue. Further, the Administration is proposing increasing the level of dedicated code enforcement needed for Lincoln Road, which will be submitted for review and approval by the City Commission as a part of proposed enhancements for the FY 2013/14 budget. The mall manager position will help to centralize coordination of maintenance efforts by City departments with some service outsourcing as appropriate (e.g., maintenance of water features and fountains). RECOMMENDATION As a result of the recommendation to implement the mall manager as discussed above, the Administration recommends the withdrawal of the approval for the issuance of Request for Proposals for the Maintenance of Lincoln Road. Advisory Board Recommendation: I N/A Financial Information· Source of Amount Funds: 1 N/A OBPI 2 Total Financial Impact Summary: N/A MIAMI BEACH 260 Account AGENDA ITEM _C-::--'-7.....,."g::.___ DATE --..L..f--'--~.._'/-___,13=---- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachA.gov COMMITIEE MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: A RESOLUTION ACCEPTING TH RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE (FCWPC) TO WITHDRAW THE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) 006-2013-TC FOR MAINTENANCE AND SECURITY SERVICES AT THE LINCOLN ROAD MALL BACKGROUND The Lincoln Road Mall is a major South Florida destination serving tourists, residents and the general public. Maintaining this key thoroughfare clean and well-maintained is essential to helping preserve the City's status as a world-class destination, as well as securing the viability of this important economic engine for the City. For a number of years, the management of maintenance services within the Lincoln Road Mall service area has been provided by the Property Management, Sanitation, and GreenSpace Management Divisions, with the Police Department managing the contracted security services. In an effort to improve coordination among the various service providers to the Lincoln Road Mall, on September 12, 2012, the City Commission approved the issuance of Request for Proposals (RFP) 006-2013TC to consider options for maintaining and securing the Lincoln Road MaiL On April 15, 2013, bids were received from Keystone Property Management, Inc., Standard Parking, SP Plus Maintenance d/b/a Parking Facility Systems, and Superior Landscaping & Lawn Service, Inc. On May 8, 2013, the City Commission approved the recommendation to reject all proposals received in Response to RFP 006-2013TC because it was deemed that no vendor had demonstrated sufficient experience with venues similar to the Lincoln Road Mall. At the same time, the City Commission also approved Administration to release a new RFP subsequent to conducting an industry review meeting to include the companies that currently manage outdoor pedestrian-oriented facilities, such as Bal Harbour Shops, Bayside Marketplace, The Falls, and the Village of Merrick Park. STATUS UPDATE As approved by the City Commission, the Administration conducted two industry reviews, but with disappointing participation. Property managers for outdoor-type malls within the local area and for several venues around the state were invited to participate. Only one company ABM Security, participated in the industry review. 261 Commission Memorandum -Withdraw Issuance of RFP for Lincoln Road Mall Maintenance and Security Services September11, 2013 Page2 At the same time, the City was approached by several members of the Lincoln Road Property Owner's Association who expressed an interest in submitting a proposal but also expressed concerns with the overall conditions of Lincoln Road beyond routine maintenance issues. As a result, staff and several members of the Lincoln Road Property Owner's Association conducted a comprehensive walk through of the facility, which yielded the following conclusions: • The overall condition of many of Lincoln Road's structures, surfaces and systems are in poor condition and in general need of a refresh or replacement. Although $20 million in programmed over two years in the City's adopted Capital Improvement Program (FY 2014/15 and FY 2015/16) for upgrading the Lincoln Road venue, including its infrastructure, there is no master plan in place to provide an overall comprehensive plan or specifications for the use of the funds • There is a significant lack of information in the City regarding the infrastructure that the RFP requires that proposers maintain; including specifications for the pumps for the various water features and fountains, for the light fixtures, etc. • There are areas for improvement both on the side of the City and on the side of property owners. Unfortunately, given the competing priorities for code enforcement in the City, I do believe that Lincoln Road does not have the level of dedicated Code Enforcement officers that it needs. Further, the limited code enforcement resources are typically focused on sidewalk cafe operations, rather than on litter, safety concerns and general maintenance issues generated by property owners. It is the Administration's position that the current condition of some of the Lincoln Road structures, surfaces and systems, coupled with the general lack of information about maintaining many of these items, are significant drawbacks in getting qualified proposers to respond to the RFP. In addition, as many of you know, there are several departments involved in the maintenance of Lincoln Road, but no one entity responsible for the facility as a whole which impedes coordination efforts among maintenance service providers, property owners and code enforcement. As a result of these observations, the Administration believes that releasing an RFP at this time is premature. In lieu of releasing another RFP at this time, it was discussed and recommended at the Finance and Citywide Projects Committee (FCWPC) that the City should put in place, as soon as possible, an in-house mall manager that can better direct and coordinate the individual departments involved in Lincoln Road maintenance, including code enforcement, and act as the City's central liaison with tenants and property owners to improve communication and facilitate facility improvements. In addition, the mall manager would assist in the proposed master planning process for Lincoln Road improvements so that that the master plan is complete by Fiscal Year (FY) 2014/15 when funding becomes available to begin improvements to the venue. Further, the Administration is proposing increasing the level of dedicated code enforcement needed for Lincoln Road, which will be submitted for review and approval by the City Commission as a part of proposed enhancements for the FY 2013/14 budget. The mall manager position will help to centralize coordination of maintenance efforts by City departments with some service outsourcing as appropriate {e.g., maintenance of water features and fountains). RECOMMENDATION As a result of the recommendation to implement the mall manager as discussed above, the Administration recommends the withdrawal of the approval for the issuance of Request for Proposals for the Maintenance of Lincoln Road. 262 Commission Memorandum -Withdraw Issuance of RFP for Lincoln Road MaU Maintenance and Security Services September 11, 2013 Page3 With assistance from the proposed mall manager the Lincoln Road mall will benefit from maintenance improvements and coordination of the master planning efforts and future construction and infrastructure improvements with all stakeholders, including City staff, contractors, property owners and tenants. Once the City has completed the scheduled upgrades, and have improved the condition of the facility and its systems through the mall manager and enhanced code enforcement, it is believed that significantly greater interest will be expressed by potential service providers in responding to a future Request for Proposals for maintenance of the Lincoln road Mall. CONCLUSION The City recommends withdrawing the approved issuance of Request for Proposals for the Maintenance of Lincoln Road and pursue the addition of a mall manager, enhanced code enforcement, and completion of a master plan for the upgrade of Lincoln Road through the FY 2013/l::Judget process. JLM/Kqa/AO 263 RESOLUTION TO BE SUBMITTED 264 THIS PAGE INTENTIONALLY LEFT BLANK 265 R7 • Resolutions C7C A Resolution Approving An Amendment To The Professional Services Agreement Entered Into On December 22, 2010 With Camp Dresser & McKee, Inc (COM) For Additional Work On The Stormwater Master Plan In The Amount Of $57,804.00 Relative To Neighborhood Concurrency Reviews, A Public Meeting, And Additional Model Runs Requested As A Result Of The Public Meeting And Authorizing And Directing The City Manager And The City Attorney's Office To Finalize The Amendment And Further Authorizing The Mayor And City Clerk To Execute The Final Amended Agreement. (Public Works) (Memorandum & Resolution to be Submitted in Supplemental) 266 Agenda ltem_-=C;,_j7~C __ Date_q:'--,.,.L.!../1__;,., 13=--- THIS PAGE INTENTIONALLY LEFT BLANK 267 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 a professional services agreement with Walker Parking Consultants, Inc., to perform a parking demand analysis, in an amount not to exceed $140,525; and further appropriating funding from the parking enterprise fund for same. Key Intended Outcome Supported: Improve Parking availability. Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 74% of residents and 72% of businesses rate the availability of parking across the City as too little or much too little. Availability of parking was one of the changes residents identified to make Miami Beach a better to live, work or play. Item Summary/Recommendation: On June 5, 2013, the Mayor and Commission held extensive discussion with regard to Agenda Item No. R5D, entitled, "Alton Road Parking District No.6", as a result, the Mayor and Commission directed the Administration to conduct a parking demand analysis in order to better understand the short and long term effects that the proposed legislation may have on the corridor. In 2004, "Walker Parking" Consultants, Inc. performed a parking demand and utilization analysis. The analysis provided projections of parking demand and uti I ization for a ten year period (through 2013). All areas south of 23rd Street/Dade Boulevard are included in the proposed study areas. The study will include the following tasks: update physical inventory and analysis; update projection of future parking demand and need; analyze the City's proposed parking overlay district*; forecast impact of its implementation; and provide alternatives (Phase I only); analyze impact of extending existing restricted residential parking zone hours to 24 hours/seven days a week and provide alternatives (all applicable restricted residential parking zones within the study areas); and public input provided through the City. The study areas include: Phase I: 5th Street to 17th Street and from West Avenue/Bay Road to Lenox Avenue; Phase II: 17th Street to 23rd Street/Dade Boulevard and from Alton Road to Collins Avenue; Phase Ill: 5th Street to 17th Street and from Lenox Avenue to Pennsylvania/Drexel Avenue; Phase IV: 5th Street to 1 o 17th Street and from Pennsylvania/Drexel Avenue to Collins Avenue/Ocean Drive; and Phase V: South Pointe Drive to 5th Street and from Alton Road to Ocean Drive. Walker Parking proposes to provide the same deliverables for each phase of the project as follows: Work Plan, including progress schedule; Supply/Demand Analysis technical memorandum; Supply/Demand Analysis draft report; Overlay parking district review and alternatives*; Residential Parking Zone extension to 24 hours/seven days a week review and alternatives, if applicable; and final parking master plan report; this report will incorporate parking supply/demand, alternatives analysis; overlay district impact and alternatives; and impact of extension of residential parking zone hours to 24 hours, seven days a week. * Denotes deliverables specific to the Alton Road Parking Overlay District only. If each phase is contracted individually, Walker will perform the scope of services described in this proposal for the lump sum fee of $29,000 (Twenty-Nine Thousand Dollars) per Phase. If all five phases are contracted as a single project, Walker witt perform the scope of services described in this proposal for all five phases for a lump sum fee of$127,750 (One Hundred, Twenty-Seven Thousand, Seven Hundred and Fifty Dollars). The lump sum fee includes all expenses. A ten percent (10%) contingency is included for an award amount not to exceed $140,525. Financial Information: Source of Amount Funds: 1 $140,525 480-0461-000312 ~ 2 3 Total Financial Impact Summary: City Clerk's Office Legislative Tracking: I Saul Frances Si n-Offs: nager SF T:\AGENDA\2013\Sept11\WalkerParkingDemandStudy9112013.sum.doc MIAMI BEACH 268 Account AGENDA ITEM ---=C=--7--=D~­ D.ATE fl--/fl~ .. ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Membe~s fhe City Commission Jimmy L. Morales, City Manager/A/"' J:!- DATE: September 11, 2013 SUBJECT: 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 A PROFESSIONAL SERVICES AGREEMENT WITH WALKER PARKING CONSULTANTS, INC., TO PERFORM A PARKING DEMAND ANALYSIS, IN AN AMOUNT NOT TO EXCEED $140,525. FUNDING $140,525-480-0461-000312 Funds are available from Parking Fund 480, Account No. 480.0461.000312. The study is structured in five phases. Each phase is a study area (see Study Areas on page two and Professional Fees on page 4) with Phase I -Alton Road corridor being expedited as a priority. The fee for each phase, if done individually, is $29,000. However, if all five phases are contracted as a single project, Walker Parking reduces its fee in the amount of $17,250, for a lump sum total of $127,750 for all five phases, including all expenses. A ten percent (1 0%) contingency is recommended, resulting in a not to exceed amount of $140,525. Please note that Phase I (Alton Road) will be expedited as a priority, if all five phases are contracted as a single project. PURCHASE AUTHORITY A waiver of formal competitive bidding, by a 5/71h vote, is deemed to be in the best interest of the City. KEY INTENDED OUTCOME SUPPORTED Improve Parking availability. ADMINISTRATION RECOMMENDATION Adopt the Resolution. 269 Commission Memorandum -Walker Parking Demand Analysis September 11, 2013 Page 2 of 5 ANALYSIS On June 5, 2013, the Mayor and Commission held extensive discussion with regard to Agenda Item No. R5D, entitled, "Alton Road Parking District No.6", as a result, the Mayor and Commission directed the Administration to conduct a parking demand analysis in order to better understand the short and long term effects that the proposed legislation may have on the corridor. In 2004, "Walker Parking" Consultants, Inc. performed a parking demand and utilization analysis of 11 different corridors throughout the city. The analysis provided projections of parking demand and utilization for a ten year period (through 2013). These projections were derived from parking inventory usage, including data collection; review of current and future development projects; and, in consultation with the Administration, certain assumptions regarding economic growth, seasonality, and related trends. The information sought by the City Commission regarding Alton Road Parking District No. 6 is consistent with the 2004 analysis conducted by Walker Parking. Therefore, it is advantageous for Walker Parking to update their 2004 (final) report due to their familiarity with the City and the related tasks. Additionally, Walker Parking would provide continuity to the 2004 report. Said report provided projections through 2013, and by extension, would provide same through 2023. The following is the phasing, scope of services, study areas, work plan, and deliverables requested of Walker Parking as well as their proposal (see attached}. Project Phasing The area south of 23rd Street/Dade Boulevard is included in the study areas. The analysis is structured in phases by geographic zone. This was done in order to prioritize the Alton Road corridor findings relative to the pending parking overlay district legislation. A lump sum fee for each phase was provided in order to provide the Mayor and Commission with a menu of options of study areas. It is important to note that a fee reduction is applicable should all five phases be awarded. Scope of Services • Update physical inventory and analysis. • Update projection of future parking demand and need. • Analyze the City's proposed parking overlay district*; forecast impact of its implementation; and provide alternatives (Phase I only). • Analyze impact of extending existing restricted residential parking zone hours to 24 hours/seven days a week and provide alternatives (all applicable restricted residential parking zones within the study areas). • Public input provided through the City. Study Areas The City reserves the right to prioritize the sequencing of tasks and by area. 270 Commission Memorandum -Walker Parking Demand Analysis September 11 , 2013 Page 3 of 5 Phase 1: Phase II: Phase Ill: Phase IV: Phase V: Work Plan 5th Street to 17th Street and from West Avenue/Bay Road to Lenox Avenue 17th Street to 23rd Street/Dade Boulevard and from Alton Road to Collins Avenue. 5th Street to 17th Street and from Lenox Avenue to Pennsylvania/Drexel Avenue. 5th Street to 1 o 17th Street and from Pennsylvania/Drexel Avenue to Collins Avenue/Ocean Drive. South Point Drive to 5th Street and from Alton Road to Ocean Drive. 1. Meet with representatives of City of Miami Beach to further clarify study objectives, confirm the study area; parking analysis; and projected schedule. 2. Review pertinent reports, studies, and statistical data regarding the study area with representatives of City of Miami Beach. Included in this information will be land use data provided by the City (building square footage data on a building-by-building basis also identifying type of land use). 3. Review the major parking generators in the study area with representatives of City of Miami Beach to understand their concerns and interests. 4. Conduct an initial field survey to update the inventory of on-street and off-street parking facilities within the study area. Record the type of parking (e.g. public, commercial, or private and whether surface lot or structure), number of spaces reserved and the type of access control (if any is in place), and parking rates. 5. During the initial field survey, record the number of vehicles parked by facility during the inventory process. 6. Perform a License Plate Inventory (LPI), recording the location and duration of each vehicle. The LPI will be a sampling of the peak hours during a typical week day and weekend day within the study area (days and hours to be determined). 7. Perform parking occupancy counts at three intervals on all public and accessible private parking areas within the study zone on a typical week day and weekend day (days and hours to be determined). B. Analyze field survey data and present in report and graphic form. 9. Calculate and compare parking demand with the current parking supply and identify areas with deficits and surpluses. 10. Compare the parking supply (and proposed overlay parking district*) with planned development and projected future demand. 11. Identify areas with parking deficiencies that are likely to require expansion of the parking supply, including impact of extending restricted residential parking zones to 24 hours a day/seven days a week in existing areas, where applicable. 12. Prepare and submit a draft of the task report for review and discuss findings with representatives from the City. 13. Incorporate the City's comments into the task report. 14. Issue one CD of the final task report with comments by the City. 15. A total of four (4) meetings or teleconferences with the client are planned. * Denotes tasks specific to the Alton Road Parking Overlay District only. 271 Commission Memorandum -Walker Parking Demand Analysis September 11, 2013 Page 4 of5 De live rabies Walker Parking proposes to provide the same deliverables for each phase of the project as follows: 1. Work Plan, including progress schedule 2. Supply/Demand Analysis technical memorandum 3. Supply/Demand Analysis draft report 4. Overlay parking district review and alternatives* 5. Residential Parking Zone extension to 24 hours/seven days a week review and alternatives, if applicable 6. Final parking master plan report; this report will incorporate parking supply/demand, alternatives analysis; overlay district impact and alternatives; and impact of extension of residential parking zone hours to 24 hours, seven days a week. *Denotes deliverables specific to the Alton Road Parking Overlay District only. Schedule Walker Parking is prepared to begin the Phase I work following the September 11th, City Commission meeting and within one week after receiving a signed agreement, Walker Parking estimates that a Phase I draft report can be provided within 20 business days of the mutually-agreed-upon start date. To meet the City's schedule, we anticipate allowing five business days for the City to comment on the draft Phase I task report. The report can be finalized within five business days after receiving City comments. Each subsequent phase will be initiated by the City and follow a similar schedule allowing 30 days to complete the field study and assemble a draft task report for that phase; allowing up to one week for the City to comment on the report; and one week for Walker Parking to finalize the report incorporating any comments from the City. Limitations Information regarding private parking areas is limited to those areas that accessible to the field survey team during the inventory period. Private parking areas that are inaccessible to inventory will be deemed to be at 100% capacity for the purposes of these studies. Their proposal assumes that a single report will be issued at the end of each Phase and assembled into a Final Report for all five Phases. In the event that additional reports are necessary, Walker Parking Consultants reserves the right to charge an administrative fee to create these separate documents at a negotiated a mutually agreeable lump sum fee or hourly fee arrangement prior to preparing these reports. Professional Fee If each phase is contracted individually, Walker will perform the scope of services described in their proposal for the lump sum fee of $29,000 (Twenty-Nine Thousand Dollars) per Phase in accordance with attached General Conditions of Agreement for Consulting Services. If all five phases are contracted as a single project, Walker will perform the scope of services described in this proposal for all five phases for a lump sum 272 Commission Memorandum -Walker Parking Demand Analysis September 11, 2013 Page 5 of 5 fee of $127,750 (One Hundred, Twenty-Seven Thousand, Seven Hundred and Fifty Dollars). The lump sum fee includes all expenses. CONCLUSION Walker Parking has the knowledge and experience to perform the contemplated parking demand analysis. Moreover, awarding the project to Walker Parking would provide continuity to their 2004 parkin~ demand analysis final report. Therefore, a waiver of formal competitive bidding, by a 5/7 h vote, approving a professional services agreement with Walker Parking Consultants, Inc., in an amount not to exceed $140,525, is recommended. T:\AGENDA\2013\September 11\WalkerParkingDemandStudy9112013.mem.doc JLM/PDW/SF 273 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY A 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH WALKER PARKING CONSULTANTS, INC., TO PERFORM A PARKING DEMAND ANALYSIS, IN AN AMOUNT NOT TO EXCEED $140,525. WHEREAS, the Mayor and Commission held extensive discussion, on June 5, 2013, regarding Agenda Item No. R5D, entitled, "Alton Road Parking District No. 6"; and WHEREAS, the Mayor and Commission directed the Administration to conduct a parking demand analysis in order to better understand the short and long term effects that the proposed legislation may have on the Alton Road corridor; and WHEREAS, in 2004, "Walker Parking" Consultants, Inc. performed a parking demand and utilization analysis of various neighborhoods throughout the city; and the analysis provided projections of parking demand and utilization for a ten year period (through 2013); and WHEREAS, these projections were derived from parking inventory usage, including data collection; review of current and future development projects; and, in consultation with the Administration, certain assumptions regarding economic growth, seasonality, and related trends; and WHEREAS, the information sought by the Mayor and Commission regarding Alton Road Parking District No. 6 is consistent with the 2004 analysis conducted by Walker Parking; and WHEREAS, Walker Parking has the expertise and knowledge to perform the parking analysis/report and their familiarity with the project tasks, parking inventory, as well as continuity of their 2004 report, are advantageous to the City; and WHEREAS, a waiver of formal competitive bidding, by a 5/71h vote, is in the best interest of the City; and WHEREAS, a professional services agreement, in an amount not to exceed $140,525, is required in order to engage Walker Parking Consultants, Inc. to perform the analysis/report. 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 a waiver of formal competitive bidding, by a 5/71h vote, finding such waiver to be in the City's best interest, and authorizing a professional services agreement with Walker Parking Consultants, Inc., to perform a parking demand analysis, in an amount not to exceed $140,525. PASSED AND ADOPTED this 11th day of September, 2013. ATTEST: Rafael Granado, City Clerk /fl.b ~=~'----- Matti Herrera Bower, Mayor T:IAGENDA\2013\September11 \WalkerParkingDemandStudyf2 'j 41.reso.docx ---------------------------- THIS PAGE INTENTIONALLY LEFT BLANK 275 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Setting A Public Hearing For The September 30, 2013 Special City Commission Meeting, Adopting And Appropriating The Fourth Amendment To The Police Confiscation Trust Budget For Fiscal Year 2012/2013 In The Amount Of $10,000, To Be Funded From The Proceeds Of State Confiscated Funds. Key Intended Outcome Supported: Increase Resident and Business ratings of Public Safety. Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community Satisfaction Survey conducted by Kerr & Downs Research, the top areas the City should focus resources to improve public safety are as follows: (1) Reduce homelessness (58%); (2) Increase the visibility of Police in neighborhoods (47%); (3) Enforcing Traffic laws (40%); and (4) Improving communications between residents and police (40%). Issue: Shall the Mayor and City Commission adopt and appropriate the fourth amendment to the Police Confiscation Trust Fund Bud et for Fiscal Year 20 12/13? Item Summary/Recommendation: The Chief of Police has reviewed and identified the needs for the appropriation and has established that the expenditures of forfeiture funds are in compliance with Section 932.7055, Florida State Statutes and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies. The Administration recommends that the Mayor and City Commission adopt the fourth amendment to the Police Confiscation Trust Fund Budget for Fiscal Year 2012/13 for the payment of Legal and Administrative Fees in the amount of $10,000. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 Confiscation Funds: @? 2 $10,000 607-8000-351210 State Funds-Confiscation 3 4 OBPI Total $10,000 Financial Impact Summary: Cit Clerk's Office Le islative Trackin : Mauvett Rattigan, Miami Beach Police Department Si n-Offs: Department Director Assistant City Manager \2 Ra mond Martinez, Chief MIAMI BEACH 276 A ITEM _C----=-'-7-=£~ DATE ~/f-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: September 11, 2013 SUBJECT: A RESOLUTION SETTING A PUB IC HEARING FOR THE SEPTEMBER 30, 2013 SPECIAL CITY COMMISSION MEETING, ADOPTING AND APPROPRIATING THE FOURTH AMENDMENT TO THE POLICE CONFISCATION TRUST BUDGET FOR FISCAL YEAR 2012/2013 IN THE AMOUNT OF $10,000, TO BE FUNDED FROM THE PROCEEDS OF STATE CONFISCATED FUNDS. ADMINISTRATION RECOMMENDATION Set the Public Hearing and Adopt the Resolution. ANALYSIS Florida Statute 932.7055 provides for expenditures of forfeiture funds for law enforcement purposes. The Miami Beach Chief of Police, Raymond Martinez, has reviewed and identified the need for the appropriation and has established that the expenditures of forfeiture funds are in compliance with Section 932.7055, Florida State Statutes, and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies. These forfeiture funds have been deposited in the Police Confiscation Trust Fund. The City has complied with all statutory procedures involved in the transaction of these funds. There are legal and administrative costs incurred in the City Attorney's Office in claiming and obtaining these funds. The Confiscation Fund will pay an additional $10,000 for administrative fees associated with claiming and obtaining State-related confiscated funds, including advertising and court reporting costs. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Fourth Amendment to the Operating Budget for the Police Confiscation Trust Fund for Fiscal Year 2012/13, in the amount of $10,000 to be funded from the proceeds of State Confiscation Funds as listed in Exhibit "A". JLM/t/MO~R 277 "EXHIBIT A" MIAMI BEACH CONFISCATED TRUST FUND BUDGET FOURTH AMENDMENT· FISCAL YEAR 2012/13 STATE CONFISCATION FUNDS Cost connected with the prosecution and processing of State Forfeiture Cases 278 AMOUNT $ 10,000 EXHIBIT "B" CERTIFICATION I, Raymond Martinez, Chief of Police, City of Miami Beach, do hereby certify that the aforementioned proposed request for expenditures from the City of Miami Beach Police Confiscation Trust Fund, for the 2012/2013 fiscal year providing funds for expenditures, complies with the provisions of Section 932.7055(4)(a), Florida Statutes, and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies. x-=:JcB-- Raymond Martinez, Chief of Police Miami Beach Police Department cr!~ In Date 279 RESOLUTION NO. ____ _ A RESOLUTION SETTING A PUBLIC HEARING FOR THE SEPTEMBER 30, 2013 SPECIAL CITY COMMISSION MEETING, ADOPTING AND APPROPRIATING THE FOURTH AMENDMENT TO THE POLICE CONFISCATION TRUST BUDGET FOR FISCAL YEAR 2012/2013 IN THE AMOUNT OF $10,000, TO BE FUNDED FROM THE PROCEEDS OF STATE CONFISCATED FUNDS, FOR THE APPROPRIATION AND EXPENDITURE OF THOSE ITEMS SET FORTH IN EXHIBIT "A," WHICH SHALL BE FUNDED THROUGH THE POLICE CONFISCATION TRUST FUND. WHEREAS, Section 932.7055 of the Florida Statutes sets forth the purpose and procedures to be utilized for the appropriation and expenditures of the Police Confiscation Trust Fund; and WHEREAS, the proceeds and interest earned from the Police Confiscation Trust Fund is authorized to be used for crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes; and WHEREAS, the Chief of Police is authorized to expend these funds upon request to the City of Miami Beach Commission, and only upon appropriation to the Miami Beach Police Department by the City of Miami Beach Commission; and WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written certification which states that this request complies with the provisions of Section 932.7055 of the Florida Statutes (written certification attached as Exhibit B), and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies; and WHEREAS, funds in the amount of $10,000 are available in the Police Confiscation Trust Fund. STATE- FEDERAL- TOTAL- CURRENT BUDGET $ 1 '124,300 $ 312,800 $1,437,100 INCREASE $ 10,000 $ __ _ $ 10,000 AMENDED BUDGET $1 '134,300 $ 312,800 $1,447,100 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, to set a Public Hearing for the September 30, 2013 special City Commission meeting, adopting and appropriating the Fourth Amendment to the Police Confiscation Trust Budget for Fiscal Year 2012/2013 in the amount of $10,000, to be funded from the proceeds of State Confiscated Funds, for the appropriation and expenditure of those items set forth in Exhibit "A," which shall be funded through the Police Confiscation Trust Fund. PASSED and ADOPTED this ___ day of September, 2013. ATTEST BY: MAYOR MATTI HERRERA BOWER RAFAEL E. GRANADO, CITY CLERK 280 THIS PAGE INTENTIONALLY LEFT BLANK 281 COMMISSION ITEM SUMMARY Condensed Title: Reappointment of Abraham Laeser, Esq., as Chief Special Master for a term commencing on September 15, 2013 and endin on March 14, 2014. Key Intended Outcome Supported: Increase resident satisfaction with level of code enforcement. Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community Satisfaction SuNey, 61% of residents thought the City's code enforcement efforts were about right, while 21% felt the City did not do enough to enforce codes. Item Summary/Recommendation: On the determination of City Attorney Jose Smith that Abraham Laeser, Esq. possesses the knowledge, skills and attributes to perform as Chief Special Master, and my concurrence with such determination, I am recommending Abraham Laeser, Esq. as Chief Special Master. Attached are two Resolutions providing for the reappointment by the City Commission of Mr. Laeser. The first Resolution reappoints Mr. Laeser as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the second Resolution reappoints Mr. Laeser to hear appeals from citations and violations or denials, suspensions, and revocations of business tax receipts, certificates of use and permits pursuant to Chapter 1 02 of the City Code. Language has been added to the Resolutions prohibiting the Chief Special Master and each Special Master from engaging in practice where he/she represents a client in a manner adverse to the interests of the City of Miami Beach, and from lobbying the City during his/her service with the City. Mr. Laeser brings to the City of Miami Beach and the Special Master Program 36 years of experience as an Assistant State Attorney, where he seNed as Senior Trial Counsel until he retired in April2009. Mr. Laeser is a long time resident of Miami Beach, and is active in the community. Since Mr. Laeser's last appointment as Chief Special Master on February 6, 2013, City Manager Jimmy L Morales, Assistant City Manager Joe Jimenez, City Clerk Rafael E. Granado and Chief Special Master Abraham Laeser have met to discuss the implementation of additional improvements to the Special Master process, including limiting the number of cases scheduled per day and commencing November 1, 2013, scheduling Building cases before 10:00 a.m., which should reduce the overtime incurred. Mr. Laeser has the knowledge, demeanor, skills and abilities, to perform as Chief Special Master. He will serve this City with honor and distinction, and his appointment will best serve the interests of the City. As such, the subject Resolutions should be adopted. Advisory Board Recommendation: Financial Information: Source of Amount Account Approved Fun~s:~ 1 $250.00/hour-Maximum of $1,250 per 011-0210-000312 ~-hearing. Estimated for remainder of FY 12/13 -$5,500 OBPI Total $5,500 011-0210-000312 Financial Impact Summary: The funding for FY 13/14 will be requested during the FY 13/14 Budget Process. Clerk's Office Le islative Trackin Rafael E. Granado, City Clerk Si n-Offs: Department Director REG T:\AGENDA\2013\February 6\Chief Sp~I-Mast MIAMI BEACH JLM 282 AGENDA ITEM __ C-=-7 .. r7""":'=-- DATIE. __ '/.._-__!.t:,!_'/-_,_/3.L__ ~ MlAMIBEACH 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: DATE: Jose Smith, City Attar September 11, 2013l. SUBJECT: REAPPOINTMENT OF CHIEF SPE 1. A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH, CONCERNING THE REAPPOINTMENT OF ABRAHAM LAESER, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON SEPTEMBER 15,2013 AND ENDING ON MARCH 14, 2014; PROVIDED FURTHER THAT CHIEF SPECIAL MASTER LAESER SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENAL TIES AGAINST VIOLATORS OF THE CITY AND COUNTY CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS; AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF, CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER. 2. A RESOLUTION APPROVING AND APPOINTING, PURSUANT TO SECTION 102-356 OF THE CITY CODE, ABRAHAM LAESER, ESQ. (CHIEF SPECIAL MASTER APPOINTED PURSUANT TO RESOLUTION NO. ), AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102-356 OF THE CITY CODE; SAID DESIGNATION COMMENCING WITH LAESER'S TERM AS CHIEF SPECIAL MASTER ON SEPTEMBER 15, 2013 AND ENDING ON MARCH 14, 2014. ADMINISTRATION RECOMMENDATION Adopt the Resolutions. ANALYSIS On the determination of City Attorney Jose Smith that Abraham Laeser, Esq. possesses the knowledge, skills and attributes to perform as Chief Special Master, and my concurrence with such determination, I am recommending Abraham Laeser, Esq. as Chief Special Master. 283 ------------------------- Attached are two Resolutions providing for the reappointment by the City Commission of Mr. Laeser. The first Resolution reappoints Mr. Laeser as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the second Resolution reappoints Mr. Laeser to hear appeals from citations and violations or denials, suspensions, and revocations of business tax receipts, certificates of use and permits pursuant to Chapter 102 of the City Code. Language has been added to the Resolutions prohibiting the Chief Special Master and each Special Master from engaging in practice where he/she represents a client in a manner adverse to the interests of the City of Miami Beach, and from lobbying the City during his/her service with the City. Mr. Laeser brings to the City of Miami Beach and the Special Master Program 36 years of experience as an Assistant State Attorney, where he served as Senior Trial Counsel until he retired in April 2009. Mr. Laeser is a long time resident of Miami Beach, and is active in the community. He served the City with distinction as a member of the 2013 Miami Beach Charter Review Board. In 1999, Mr. Laeser received the William S. Scurr Award for career dedication to prosecution. In 1996, he received the Eugene Berry Award for Exemplary Career Service, and in 1996 and 2003, he received the Distinguished Faculty Award. Since 1997, Mr. Laeser has been an Adjunct Professor in Trial Advocacy at the University of Miami. Since Mr. Laeser's last appointment as Chief Special Master on February 6, 2013, City Manager Jimmy L. Morales, Assistant City Manager Joe Jimenez, City Clerk Rafael E. Granado and Chief Special Master Abraham Laeser have met to discuss the implementation of additional improvements to the Special Master process, including limiting the number of cases scheduled per day and commencing November 1, 2013, scheduling Building cases before 10:00 a.m., which should reduce the overtime incurred. Statistics 1. Since February 6, 2013, the hearings have concluded as follows: February 7, 2013 February 21, 2013 February 28, 2013 March 7, 2013 March 14, 2013 March 21, 2013 March 28, 2013 April 4, 2013 April 11, 2013 April 25, 2013 April 18, 2013 May 2, 2013 May 9, 2013 May 16, 2013 May 23, 2013 May 30, 2013 June 6, 2013 June 13, 2013 June 27, 2013 June 20, 2013 July11,2013 7:53p.m.* 5:25p.m. 5:26p.m. 8:08p.m.* 6:11 p.m. 5:41 p.m. 7:33p.m.* 9:20p.m.* 7:35p.m.* 6:52p.m.* 4:06p.m. 7:30p.m.* 6:34p.m. 6:10p.m.* 9:13p.m.* 3:40p.m. 9:25p.m.* 7:11 p.m.* 3:50p.m. 6:50p.m. 6:56p.m.* 284 July 18, 2013 July 25, 2013 August 6, 2013 August 8, 2013 August 15, 2013 7:01 p.m.* 6:57p.m. 3:39p.m. 6:45p.m.* 4:55p.m. Cases labeled with an asterisk(*) include a night session, commencing at 6:00p.m. 2. The Office of the City Clerk has received neither formal complaints nor "in-house" complaints against the Chief Special or the Special Masters since the reappointment of Abraham Laeser, Esq. as Chief Special Master on February 6, 2013. CONCLUSION Mr. Laeser has the knowledge, demeanor, skills and abilities, to perform as Chief Special Master. He will serve this City with honor and distinction, and his appointment will best serve the interests of the City. As such, the subject Resolutions should be adopted. JLM/JS/reg® T:IAGENDA\2013\September 11\Chief Special Master\CHIEF SPECIAL MASTER MEMO.doc 285 RESOLUTION NO.------- A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH, CONCERNING THE REAPPOINTMENT OF ABRAHAM LAESER, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON SEPTEMBER 15,2013 AND ENDING ON MARCH 14, 2014; PROVIDED FURTHER THAT CHIEF SPECIAL MASTER LAESER SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY AND COUNTY CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS; AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF, CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER. WHEREAS, Section 30-2 of the Code of the City of Miami Beach provides for an alternative code enforcement system wherein Special Masters are authorized to hold hearings and impose fines, liens and other non-criminal penalties against violators of City and County Codes and Ordinances; and WHEREAS, Section 30-36 of the City Code, entitled "Appointment of Chief Special Master," provides for the appointment of a Chief Special Master to fulfill the above referenced duties; and WHEREAS, pursuant to Section 30-36 of the City Code, appointment of the Chief Special Master is established upon the City Commission's acceptance, by a majority vote, of the recommendation for appointment by the City Manager; and WHEREAS, the City Manager hereby recommends reappointment of Abraham Laeser, Esq., as Chief Special Master for the City of Miami Beach, for a term commencing on September 15, 2013 and ending on March 14, 2014; and WHEREAS, all other matters set forth within Chapter 30 of the City Code, including, without limitation, Sections 30-37 and 30-38 regarding compensation and duties of the Chief Special Master, shall continue to apply and remain in full force and effect; and WHEREAS, the Chief Special Master and each Special Master, shall be prohibited from engaging in practice where he/she represents a client in a manner adverse to the interests of the City of Miami Beach, and shall further be prohibited from lobbying the City during his/her service with the City. 286 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Section 30-36 of the Code of the City of Miami Beach, concerning the reappointment of Abraham Laeser, Esq., to serve as Chief Special Master, for a term commencing on September 15, 2013 and ending on March 14, 2014; provided further that, as Chief Special Master, Mr. Laeser shall be authorized to hold hearings and impose fines, liens and other non-criminal penalties against violators of City and County Codes and Ordinances, and shall also be authorized to appoint such other Special Masters as may reasonably be required to conduct the subject hearings; and further incorporating all other matters set forth within Chapter 30 of the City Code including, without limitation, Sections 30-37 and 30-38 thereof, concerning the compensation of the Chief Special Master. PASSED and ADOPTED this 11th day of September 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK MATTI HERRERA BOWER, MAYOR T:\AGENDA\2013\September 11 \Chief Special Master\Chief Special Master Resolution Chapter 30.doc ~-)l-1~ City Attorney Date 287 RESOLUTION NO.------- A RESOLUTION APPROVING AND APPOINTING, PURSUANT TO SECTION 102-356 OF THE CITY CODE, ABRAHAM LAESER, ESQ. (CHIEF SPECIAL MASTER APPOINTED PURSUANT TO RESOLUTION NO. }, AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102-356 OF THE CITY CODE; SAID DESIGNATION COMMENCING WITH MR. LAESER'S TERM AS CHIEF SPECIAL MASTER ON SEPTEMBER 15,2013 AND ENDING ON MARCH 14,2014. WHEREAS, pursuant to the Section 30-36 of the Code of the City of Miami Beach, upon prior recommendation of the City Manager, the City Commission, by a majority vote, may appoint a Chief Special Master, who shall be authorized to hold hearings and impose fines, liens, and other non-criminal penalties against violations of City Ordinances; and WHEREAS, at its regular meeting on September 11, 2013, the Mayor and City Commission adopted Resolution No. , appointing Abraham Laeser, Esq., as Chief Special Master, for a term commencing on September 15, 2013 and ending on March 14, 2014; and WHEREAS, pursuant to Section 102-356, the City Manager may also approve a "designee," who shall be authorized to hear appeals from citations for violations of City and County Codes and Ordinances and to conduct hearings regarding denials, suspensions and revocations of business tax receipts, certificates of use and permits, as provided by the City Code, and who shall also be authorized to appoint such other Special Masters as may reasonably be required to conduct such hearings pursuant to City Ordinances; and WHEREAS, accordingly, the City Manager hereby recommends Mr. Laeser to serve as the City Manager's "designee," for a six (6) month term commencing on September 15, 2013 and ending on March 14, 2014; and WHEREAS, the Chief Special Master (including, as in the instant Resolution, where the Chief Special Master is acting in his capacity as the City Manager's "designee" under Section 102-356 of the City Code), shall be prohibited from engaging in practice where he/she represents a client in a manner adverse to the interests of the City of Miami Beach, and shall further be prohibited from lobbying the City during his/her service with the City. 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 appoint, pursuant to Section 102-356 of the City Code, Abraham Laeser, Esq., (Chief Special Master appointed pursuant to Resolution No. ______ ), as the City Manager's "designee" under Section 102-356 of the City Code; said designation commencing with Mr. Laeser's term as Chief Special Master on September 15, 2013 and ending on March 14, 2014. PASSED and ADOPTED this 11th day of September 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK MATTI HERRERA BOWER, MAYOR T:IAGENDA\2013\September 11\Chief Special Master\Chief Special Master Resolution Chapter 102.doc 288 /·\: f~~~.:~\~~=o ~q-s TO ::: ;~·; r~~-;·.; i & l,. I~ 1 \~ (?~ t; f::\ G E THIS PAGE INTENTIONALLY LEFT BLANK 289 --------------- COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach Accepting The Recommendation Of The Finance And Citywide Projects Committee (FCWPC); Approving In Substance The Terms Of A Professional Services Agreement With The International City /County Management Association (ICMA) For Review And Recommendations For Efficiencies For The Fire Department; Authorizing The City Manager And City Attorney's Office To Negotiate And Draft The Agreement Based Upon The Approved Terms; And Authorizing The Mayor And City Clerk To Execute The Final Agreement For An Amount Of $65,000 In Addition To $5,000 Travel Costs And Expenses, Not To Exceed A Total Of $70,000. orted: Item Summary/Recommendation: At the FCWPC meeting of July 9, 2012, the Administration presented that it had secured a proposal from ICMA to perform a study to determine the effectiveness and efficiency of the City of Miami Beach Police and Fire Departments. That initial resolution was not approved at the July 1 B, 2012 City Commission meeting. At the February 6, 2013, City Commission meeting, the Administration was directed to pursue a proposal from ICMA specifically focused on the Fire Department. On February 22, 2013, ICMA submitted a proposal for a comprehensive analysis of the City of Miami Beach's Fire/EMS services. ICMA's local government technical assistance includes workload and deployment analysis, using operations research techniques and credentialed experts to use best practices and identify workload and staffing needs. ICMA has conducted approximately 140 such studies in communities ranging in size from 8,000 in population at Boone, lA, to 800,000 in Indianapolis, IN, and recently concluded a study on the City of Las Vegas Fire and Rescue Services Department. The review will encompass all functional areas including, but not necessarily limited to, operations and support. The Departments' performance will be evaluated and compared to nationally accepted standards. The Departmenfs internal functions will also be reviewed by looking at internal documents such as policies and procedures, training, discipline, community relations activities, etc. The proposed study is broken down into six phases with the total timeline approximating six months. The associated cost for the study is $65,000 exclusive of travel, with a proposed $5,000 travel budget. Should the City desire additional support of in-person presentation of findings, ICMA proposes to assign staff for such meetings at an additional cost of $1,000 per day, per person, along with reimbursement of travel expenses. Adviso Board Recommendation: Finance and Citywide Project Committee recommended approval at the July 25, 2013, meeting. Financial Information: Source of Amount ~ 1 $35,000 011-1210-000312 2 30,000 011-1210-000314 3 5,000 011-1210-000314 OBPI Total $70,000 Financial Impact Summary: Clerk's Office Le islative Trackin Department Director City Manager SC-T ~a..-; KGB MIAMI BEACH 290 Account JLM AGENDA ITEM --=C=---..:.7--'G-=---- OATE _____,9:.......;-/:....;..1-_B~ (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: DATE: September 11,2013 SUBJECT: A RESOLUTION OF THE MA R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE (FCWPC); APPROVING IN SUBSTANCE THE TERMS OF A PROFESSIONAL SERVICES AGREEMENT WITH THE INTERNATIONAL CITY /COUNTY MANAGEMENT ASSOCIATION (ICMA) FOR REVIEW AND RECOMMENDATIONS FOR EFFICIENCIES FOR THE FIRE DEPARTMENT; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY'S OFFICE TO NEGOTIATE AND DRAFT THE AGREEMENT BASED UPON THE APPROVED TERMS; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL AGREEMENT FOR AN AMOUNT OF $65,000 IN ADDITION TO $5,000 TRAVEL COSTS AND EXPENSES, NOT TO EXCEED A TOTAL OF $70,000. ADMINISTRATION RECOMMENDATION: Adopt the resolution. BACKGROUND As discussed at the Finance and Citywide Projects Committee (FCWPC) meeting of July 9, 2012, the Administration had secured a proposal from ICMA to perform a study to determine the effectiveness and efficiency of the City of Miami Beach Police and Fire Departments. The item was presented at the July 18, 2012, City Commission meeting, where the City Commission rejected the resolution. Subsequently, during the February 6, 2013, City Commission meeting, the Commission directed the Administration to place an item on the March 13, 2013, City Commission meeting agenda, presenting a proposal from ICMA to perform a study to determine the effectiveness and efficiency of the City of Miami Beach Fire Department {MBFD). The item was then referred to the FCWPC and was addressed at the July 25, 2013, meeting. The Committee recommended that the City enter into an agreement with ICMA to conduct an analysis and review of the City's Fire Department. The Departments' performance will be evaluated and compared to nationally accepted standards. In addition to reviewing operational activities, ICMA will analyze the Department's internal functions which will include a review of internal documents such as policies and procedures, training, discipline, community relations activities, etc. 291 City Commission -September 11, 2013 ICMA Study of Fire Department Page 2 of3 The International City/County Management Association (ICMA) is a 100 year old, non-profit professional association of local government administrators and managers, with approximately 9,000 members located in 32 countries. Since its inception in 1914, ICMA has been dedicated to assisting local governments in providing services to its citizens in an efficient and effective manner. Their work spans all of the activities of local government -parks, libraries, recreation, public works, economic development, code enforcement, public safety, etc. The ICMA Center for Public Safety Management (1CMAICPSMJ is one of four centers within the ICMA's US Programs, providing support to local governments in the police, fire, EMS, emergency management and homeland security areas. In addition to providing technical assistance, ICMA also represents local governments at the federal level and is involved in projects with the Department of Justice and the Department of Homeland Security. ICMA's local government technical assistance includes workload and deployment analysis, using operations research techniques and credentialed experts to use best practices and identify workload and staffing needs. ICMA has conducted approximately 140 such studies in communities ranging in size from 8,000 in population in Boone, lA, to 800,000 in Indianapolis, IN. In addition, the ICMA recently completed a study for the City of Las Vegas Fire and Rescue Department. ICMA Center for Public Safety Management acts as an objective and trusted broker tapping into the knowledge of the association's membership base and combining expertise from other experts to offer communities innovative ideas, lessons learned, and leading practices. The program provides practical advice and resources that local government managers and staff need to improve services and service delivery in their respective communities. ANALYSIS Methodology The ICMA team follows a standardized approach to analyzing police, fire, and emergency management services (EMS) departments. They have developed this standardized approach by combining the experience sets of dozens of subject matter experts. They begin projects, such as the one proposed for the City of Miami Beach, by extracting calls for service and raw data from the computer aided dispatch system. The data are sorted and analyzed for comparison to nationally developed and accepted performance indicators. These performance indicators (response times, workload by time, multiple unit dispatching, etc.) are indicative of an agency's performance. The findings are shown in tabular and graphic forms. While the format is similar from community to community, the data reported are unique to the specific community services under review. Due to the size and complexity of the documents they analyze, this mechanism allows for simple, clean reporting. The reports generated from analyzing the data serve as the basis for many accreditation fire or police documents such as "Standards of Response Coverage" and on-site reviews. Prior to an on-site review by an ICMA team, the Fire Department will be asked to compile a number of key operational documents (policies and procedures, assets lists, etc.). On-site reviews generally consist of interviews with command staff, supervisors and rank and file fire fighters; attendance at roll calls; and ride-alongs with staff. They review case files and observe dispatch operations. 292 City Commission -September 11, 2013 ICMA Study of Fire Department Page 3 of 3 As a result of on-site visits and data assessments, ICMA subject matter experts will share their observations and make recommendations which highlight the City of Miami Beach Fire Department's strengths, weaknesses, opportunities and threats. Their standardized approach ensures that all critical components which of the baseline performance levels are observed and measured and then used to benchmark against comparable cities. While agencies may vary in size and challenges, standard best practices apply throughout. ICMA likens this standardized approach to an audit process: • Ask questions and request documentation upon project start up; • Confirm accuracy of information received; • Deploy operation teams onsite to research the uniqueness of each environment; • Perform data modeling and share preliminary findings with each city; and • Assess any inconsistencies reported by client cities and communicate the results in a formal, written report. TERMS The proposed study is broken down into six phases with the total timeline approximating six months. The associated cost for the study is $65,000 exclusive of travel, with a proposed $5,000 travel budget. Should the City desire the additional support of in-person presentation of findings, ICMA proposes to assign staff for such meetings at an additional cost of $1,000 per day, per person, along with reimbursement of travel expenses. A copy of the proposal is attached for your review. CONCLUSION The Administration recommends that the Mayor and City Commission accept the recommendation of the FCWPC to approve in substance the terms of a professional services agreement with the ICMA for review and recommendations for efficiencies for the Fire Department; authorizing the City Manager and City Attorney's Office to negotiate and draft the Agreement based upon the approved terms; and authorizing the Mayor and City Clerk to execute the final Agreement in an amount not to exceed $65,000, in addition to travel costs and expenses which are proposed at $5,000. JLMI~M/dT/@ ATTACHMENT: ICMA Proposal T:\AGENDA\2013\September 11\ICMA Study Commission Memo.Docx 293 RESOLUTION NO.---- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE (FCWPC); APPROVING IN SUBSTANCE THE TERMS OF A PROFESSIONAL SERVICES AGREEMENT WITH THE INTERNATIONAL CITY /COUNTY MANAGEMENT ASSOCIATION (ICMA) FOR REVIEW AND RECOMMENDATIONS FOR EFFICIENCIES FOR THE FIRE DEPARTMENT; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY'S OFFICE TO NEGOTIATE AND DRAFT THE AGREEMENT BASED UPON THE APPROVED TERMS; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL AGREEMENT FOR AN AMOUNT OF $65,000 IN ADDITION TO $5,000 TRAVEL COSTS AND EXPENSES, NOT TO EXCEED A TOTAL OF $70,000. WHEREAS, on July 9, 2012, a recommendation was made by the Finance and Citywide Projects Committee to have a study performed to yield recommendations for efficiencies in the Police and Fire Departments; and WHEREAS, on July 18, 2012, the City Commission rejected a resolution approving said study; and WHEREAS, on February 6, 2013, the City Commission directed the Administration to present· a proposal from the ICMA regarding a study to yield recommendations for efficiencies for the Fire Department; and WHEREAS, on March 13, 2013, the City Commission referred the item to the Finance and Citywide Projects Committee for discussion; and WHEREAS, the item was discussed at the July 25 2013, Finance and Citywide Projects Committee meeting, resulting in the Committee recommending that the City enter into a professional services agreement with the ICMA; and WHEREAS, the International City/County Management Association (ICMA) is a 1 00 year old, non-profit professional association of local government administrators and managers, with approximately 9,000 members located in 32 countries; and WHEREAS, The ICMA Center for Public Safety Management (ICMAICPSMJ is one of four Centers within the US Programs of ICMA, providing support to local governments in the areas of police, fire, EMS, emergency management and homeland security, and WHEREAS, ICMA's local government technical assistance includes workload and deployment analysis, using operations research techniques and credentialed experts to identify workload and staffing needs as well as best practices. 294 WHEREAS, ICMA has conducted approximately 140 such studies in communities ranging in size from 8,000 in population in Boone, lA, to 800,000 in population in Indianapolis, IN; NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the terms of a professional services agreement with the International City /County Management Association (ICMA) for review and recommendations for efficiencies for the Fire Department are approved in substance and that the City Manager and City Attorney's Office are authorized to negotiate and draft the agreement based upon the approved terms ; and the Mayor and City Clerk are authorized to execute the final agreement for an amount of $65,000, in addition to $5,000 in travel costs and expenses, for a total amount not to exceed $70,000. PASSED AND ADOPTED this ___ day of September, 2013. ATTEST BY: MATTI HERRERA BOWER, MAYOR RAFAEL E. GRANADO, CITY CLERK T:\AGENDA\2013\September 11\ICMA study resolution.docx 295 Proposal for Comprehensive Analysis of ·Fire I EMS Services· C E N T E R Miami Beach, Florida FOR PUBLIC SAFETY MANAGEMENT Submitted by: ICMA Center for Public Safety Management International City/County Management Association 777 North Capitol Street NE, Suite 500 Washington, DC 20002 716-969-1360 IGMA Leaders at the Core of Better Communities 5 296 I€MA Leaders at the Core of Better Communities February 22, 2013 Ms. Kathie G. Brooks Interim City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Dear Ms. Brooks: The ICMA Center for Public Safety Management is pleased to submit this proposal for an analysis of emergency services for Miami Beach. The ICMA approach is unique and more comprehensive than ordinary accreditation or competitor studies. In general, our analysis involves the following major outcomes: • Examine the department's organizational structure and culture: • Perform gap analysis, comparing the "as is" state of the department to the best practices of industry standards; • Recommend a management framework to ensure accountability, increased efficiency and improved performance; • Conduct a data-driven forensic analysis to idenfrfy actual workload; • Identify and recommend appropriate staffing and deployment levels for every discrete operational and support function in the department. This proposal is specifically designed to provide the local government with a thorough and unbiased analysis of emergency services in your community. We have developed a unique approach by combining the experience of dozens of subject matter experts in the areas of emergency services. The team assigned to the project will have hundreds of years of practical experience managing emergency service agencies, a record of research, academic, teaching and training, and professional publications. and extensive consulting experience completing hundreds of projects nation-wide. The team assembled for you will be true "subject matter experts" not research assistants or interns. ICMA has provided direct services to local governments worldwide for almost 100 years, which has helped to improve the quality of life for millions of residents in the United States and abroad. l. along with my colleagues at ICMA, greatly appreciate this opportunity and would be pleased to address any comments you may have. You may contact me at 716.969.1360 or via email at lmatarese@icmg.ocq Sincerely, leonard A. Matarese, ICMA-CM.IPMA-HR Director, Research and Project Development ICMA Center for Public Safety Management ICMA Center for Public Safety Management -Miami Beach, FL 6 297 Page 2 of 21 . . . ~-., . . . . . g I . The Association ·. . !.}-~-.: • ,_; :. . . . • _,;' '-~ !J . . International City/County Management Association (ICMA) The International City/County Management Association jiCMA) is a 100 year old, non-profit professional association of local government administrators and managers. with approximately 9.000 members located in 32 countries. Since Its inception in 1914. ICMA has been dedicated to assisting local governments in providing services to its citizens in an efficient and effective manner. Our work spans all of the activities o:t local government-parks, libraries. recreation. public works, economic development, code enforcement Brownfield's, public safety, etc. ICMA advances the knowledge of local government best practices across a wide range of platforms including publications, research, training, and technical assistance. Our work includes both domestic and international activities in partnership with local, state and federal governments as well as private foundations. For example, we are involved in a major library research project funded by the Bill and Linda Gates Foundation and we are providing community policing training in Panama working with the U.S . .State Department. We have personnel in Afghanistan assisting with building wastewater treatment plants and have teams in Central America providing training in disaster relief working with SOUTH COM. The ICMA Center for Public Safety Management (JCMA/CPSMJ is one of four Centers within the US Programs Division of ICMA providing support to local governments in the areas ot police, fire, EMS, Emergency Management and Homeland Security.ln addition to providing technical assistance in these areas we also represent local governments at the federal level and are involved In numerous projects with the Department of Justice and the Department of Homeland Security. ICMA/CPSM is also involved in police and fire chief selection; assisting local governments in identifying these critical managers thru original research we have conducted identifying the core competencies of police and fire managers and providing assessment center resources. Our local government technical assistance includes workload and deployment analysis, using our unique methodology and subject matter experts to examine department organizational structure and culture, identify workload and staffing needs as well as industry best practices. We have conducted over 150 such studies in 30 states and 91 communities ranging in size from 8,000 population Boone, lA, to tourist meccas such as 586.000 population Las Vegas, to state capitols such as 800,000 population Indianapolis. IN. Thomas Wieczorek is the Director of the Center for Public Safety Management. Leonard Matarese serves as the Director of Research & Program Development. ICMA Center for Public Safety Management -Miami Beach, FL Page 3 of 21 7 298 . '. . II . , . . II Project Staffing . . · · · --:. -~ .. ~. ::_" .. . . . . n ~ :, . The proposal will look at the fire and EMS services of Miami Beach, Florida. For this project, the ICMA has assembled a premier team of experts from a variety of disciplines and from across the United States. The goal is to develop recommendations that will enable it to produce fhe outcomes necessary to provide critical emergency services consistent with the community's financial capabilities. The team will consist of a Project Manager, two Team Leaders and several senior public safety Subject Malter Experts selected from our team specifically to meet the needs of the community .. The management organlzatlonal chart for the project Includes the toll owing Key Team Members: ICMA Center for Public Safety Management-Miami Beach, FL Page 4 of 21 8 299 ProJect Manager Director of Research and Project Development, ICMA Center for Publlc Safety, Leonard Matarese, MPA, ICMA·CM, IPMA·CP • Background Mr. Matarese is a specialist in public sector adminis-tration wi-th particular expertise in public safety issues. He has 44 years' experience as a law enforcement officer, police chief. public safety director, city manager and major city Human Resources Commissioner. He was one of the original advisory board members and trainer for the first NIJ/ICMA Community Oriented Policing Project which has subsequently trained thousands of municipal practitioners on the techniques of the community policing philosophy over the past 18 years. He has managed several hundred studies of emergency services agencies with particular attention to matching staffing issues with calls for service workload. Recognized as an innovator by his law enforcement colleagues he served as the Chairman of theSE Quadrant, Florida, Blue Lighting Strike Force, a 71agency, U.S. Customs Service anti-terrorist and narcotics task force and also as president of the Miami-Dade County Police Chief's Association-one of America's largest regional police associations. He represents ICMA on national projects involving the United States Department of Homeland Security, The Department of Justice, Office of Community Policing and the Department of Justice, Office Bureau of Justice Assistance. He has also served as a project reviewer for the National Institute of Justice and is the subject matter expert on severallCMA I USAID police projects in Central America. As a public safety director he has managed fire 1 EMS systems including ALS transport. He was an early proponent of public access and police response with AEDs. Mr. Matarese has presented before most major public administration organizations annual conferences on numerous occasions and was a keynote speaker at the 2011 annual PERF conference. He was a plenaty speaker at the 2011 TAMSEC Homeland security conference in Linkoping, Sweden and at the 2010 UN Habitat PPUD Conference in Barcelona, Spain. He has a Master's degree in Public Administration and a Bachelor's degree in Political Science. He is a member of two national honor societies and has served as an adjunct faculty member for several universities. He holds the ICMA Credentialed Manager designation. as well as Certified Professional designation from the International Public Management Association-Human Resources. He also has extensive experience in labor management issues, particularly in police and fire departments and is currently editing an ICMA book on the selection of police and fire chiefs. ICMA Center for Public Safety Management -Miami Beach, FL Page 5 of 21 9 300 Data Assessment Team ICMA Center for Public Safety Senior Team Members Dov Chelst, Ph.D., Director of Quantitative Analysis • Background Dr. Chelslls an expert in analyzing public safely department's workload and deployment. He manages the analysis of all public safety data for the Center. He is involved in all phases of The Center's studies from initial data collection, on-site review, large-scale dataset processing, statistical analysis, and designing data reports. To date, he has managed over 140 data analysis projects for city and county agencies ranging in population size from 8,000 to 800,000. Dr. Chelst has a Ph.D. Mathematics from Rutgers University and a B.A. Magna Cum Laude in Mathematics and Physics from Yeshiva University. He has taught mathematics, physics and statistics, at the university level for 9 years. He has conducted research in complex analysis, mathematical physics, and wireless communication networks and has presented his academic research at local, national and international conferences, and participated in workshops across the country. Senior Public Safety Subject Matter Expert David Martin, Ph.D., Senior Researcher in the Center for Urban Studies, Wayne State University • Background Dr. Martin specializes in public policy analysis and program evaluation. He has worked with several police departments to develop crime mapping and statistical analysis tools. In these projects he has developed automated crime analysis tools and real-time, dashboard-style performance indicator systems for police executive and command siaff. Dr. Martin teaches statistics at Wayne State University. He is also the program evaluator for four Department of Justice Weed and Seed sites. He is an expert in the use of mapping technology to analyze calls for service workload and deployments. Senror Public Safety Subject Matter Expert Gang Wang, Ph.D., Fire & EMS Services Date Analyst • Background Gang Wang received the dual bachelor degrees in industrial design and management science, and the M.S. in information system from Chongqing University in China and the Ph.D. degree in industrial engineering from Watne State University. He has five years experience in enterprise information system and eight years experience in data analysis and applied mathematical modeling. He has rich experience in areas of automotive. travel and public safety with particular emphasis in fire I EMS analysis. He has published a book chapter and several journal articles. ICMA Center tor Public Safety Management-Miami Beach, FL Page 6 of 21 10 301 Operations Assessment Team-Fire Unit Director, ICMA Center for Public Safety Management Thomas Wieczorek, Retired City Manager Ionia, Ml; former Executive Director Center for Public Safety Excellence • Background Thomas Wieczorek is an expert in fire and emergency medical services operations. He has served as a police officer, fire chief, director of public safety and city manager and is former Executive Director of the Center for Public Safety Excellence (formerly the Commission on Fire Accreditation International, Inc.). He has taught a number of programs at Grand Valley State University, the National Highway Traffic Safety Administration (NHTSA). and Grand Rapids Junior College. He has testified frequently for the Michigan Municipal League before the legislature and in several courts as an expert in the field of accident reconstruction and fire department management. He is the past-president of the Michigan Local Government Manager's Association; served as the vice-chairperson of the Commission on Fire Officer Designation; and serves as a representative of ICMA on the NFP A 1710 career committee. He most recently worked with the National League of Cities and the Department of Homeland Security to create and deliver a program on emergency management for local officials titled, "Crisis leadership for Local Government Officials." It has been presented in 43 states and has been assigned a course number by the DHS. He represents ICMA on the NFPA 171 0 and 1730 Standards Committees and is a board member on the International Accreditation Service, a wholly owned subsidiary of the International Code CounciL He received the Mark E. Keane "Award for Excellence" in 2000 from the ICMA. the Association's highest award and was honored as City Manager of the Year (1999) and Person of the Year (2003) by the Rural Water Association of Michigan, and distinguished service by the Michigan Municipal League in 2005. Senior Manager of Fire and EMS Chief Joseph Pozzo (Ret.}, MPA, CFO. Former Deputy Director, Volusia County Deportment of Public Protection; former Director and Fire Chief, Volusia County, Florida, Retired Fire Chief, Loudon County, Virginia, former fire Chief Portsmouth, VIrginia. • Background Chief Pozzo has enjoyed a thirty-four (34) year career In public service. Before joining the ICMA team, Chief Pozzo served as the Deputy Director of the Department of Public Protection Volusia County, florida, where he was responsible for the operations of Fire, EMS, Emergency Management, Medical Examiner, Beach Safety, Corrections. and Animal Services. He was formerly Chief of the Volusia County Fire Services. This agency is a combination department providing fire suppression and EMS services with career firefighters and volunteer members. The agency operates out of 23 stations. Prior to Chief Pezza's appointment in 2010 in Volusia County, he served as the Chief of the Loudoun County Department of Fire and Rescue. This agency is a ICMA Center for Public Safety Management-Miami Beach, FL Page 7 of 21 11 302 combination fire and rescue system providing fire, rescue, and emergency management services to one of the fastest growing counties in the nation. The fire and rescue system provides these services to over 275,000 permanent residents living in 520 square miles of diverse suburban and rural area located within the National Capital Region. Fire, Rescue and Emergency Management services are executed through 450+ career staff and over 1,300 volunteer members operating out of nineteen stations. Prior to his appoin1ment with Loudoun County, Chief Pozzo served as Chief of the Portsmouth Fire, Rescue and Emergency Services Department. This agency is one of the oldest professional departments on the eastern seaboard and serves over 95,000 residents within a 30 square miles area. Chief Pozzo also served in the City of Virginia Beach. Va. Fire Department for 19 years reaching the level of Battalion Chief prior to embarking on his career as a Rre Chief/Director. He holds a Master of Public Administration degree from Troy University where he graduated with honors, a B.A. in Public Administration from Saint Leo University and several associate degrees including an AAS in Fire Science and Protective Services. He holds the Chief Fire Officer Designation from Center for Public Safety Excellence and has served as an Adjunct Instructor for the Virginia Department of Fire Programs. Senior Associate · EMS Mork O'Keefe, Operations Manager Volusla County Emergency Medical Service$ (EVAC) Daytona Beach, Florida • Bacl<ground Mr. O'Keefe is an expert in the management of large High Performance Emergency Medical Services (HPEMS). The Volusia County system covers 1,207 square miles, 16 cities, 47 miles of Atlantic Ocean beaches, two major rivers, urban, suburban, rural and wilderness areas as well as the many special events such as The Daytona 500, Coke Zero 400, Bike Week, Spring Break, and Biketoberfes1. In addition to providing daily supervision of all on-duty employees on EMS units he also manages 1he System Sta1us Controllers in the communications center and the deployment of EMS in Volusia. He has 33 years experience in the emergency medical services holding numerous field positions and supervisory and management assignments as well as serving as chief training officer for several EMS agencies. He holds the American Ambulance Association, Certified Ambulance Service Manager (ASM) credential. Mr. O'Keefe served on the Editorial Board Journal of Emergency Medical Services (JEMS) at Elsevier Public Safety Publications for 21 years and wrote a monthly column for the joumal. He is an expert in Speed Loading Inventory Control as well as Deployment Monitor Systems, having worked extensively with the Mobile Area Routing and Vehicle Location Information System™ (MARVLIS) High Performance EMS ambulance deployment monitor system for System Status Controllers. He holds the Bachelor of Applied Science IBAS) in Supervision and Managemen-t with honors from Daytona Sto1e College. Associate of Arts (A.A.), Education Daytona State College Associate of Applied Science (AAS), Emergency Medical Services Daytona Beach Community College ICMA Center for Public Safety Management -Miami Beach, FL Page 8 of 21 12 ·---·---·--"-·--------------·------·----·----- 303 Senior Associate Gerard J. Hoetmer, MPA, retired Executive Director of Public Entity Risk Institute, Fairfax, Virginia • Background Gerry Hoetmer is an expert in fire services. emergency management. and risk management. He served as the founding executive director of the Public Entity Risk Institute, a nonprofit organization that provided training, technical assistance, and research on risk management issues for local govemment and other public and quasi-public organizations. During his tenure as executive director he was a member of the National Academy of Sciences Disaster Roundtable. Prior to his position as executive director at PERl, Mr. Hoetmer worked at ICMA for 19 years, most recently as the director of research and development. He has written extensively on local government emergency management, the fire service, code enforcement, and risk management Issues. Seminal works include the first report to Congress on fire master planning and the first edition of Emergency Management: Principles and Practices for Local Government. In addition to providing expert testimony before Congress and local arbitration boards on fire staffing and scheduling issues, Mr. Hoetmer represented ICMA on the NFPA 1500 Standard on Occupational Safety and Health: NFPA 1201, the Standard for Providing Emergency services to the Public; and the NFP A 1710, Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments. Mr. Hoetmer has developed and conducted training programs and seminars at FEMA's Emergency Management Institute and the National Fire Academy in Emmitsburg. Maryland. He holds a Bachelors from the Slate University of New York, New Paltz and the Master of Public Administration degree from the University of Colorado at Denver Senior Associate Chief John (Jack) Brown (Ret.), BA, MS, EFO, Director, Arlington County Office of Emergency Management, Refired Assistant Chief Fairfax County Fire & Rescue Department • Background Jack Brown's 40 year public safely career includes 29 years with the Fairfax County, Virginia Fire & Rescue Departmenf. where he refired as Assistant Fire Chief of Operations. He served in a number of operational and staff positions, including the Office of the Fire Marshal where he attained NFP A certification as a Fire Inspector II and Fire Investigator. As an investigator. he conducted post fire and post blast inves1igations, assisting in the prosecution of offences involving arson and illegal explosives. He served as a Planning Section Chief and Task Force Leader for the Fairfax County Urban Search and Rescue Task Force (VA TF-1 ). He deployed to Nairobi, Kenya as Plans Chief in response to the 1998 embassy bombing and as Task Force Leader on a deployment to Taiwan in response to an earthquake in 1999. Upon his retirement from Fairfax County in 20.00, he became the Assistant Chief for the Loudoun County Department of Fire. Rescue and Emergency ICMA Center for Public Safety Management-Miami Beach, FL Page 9 of 21 13 304 Management, where he led a team of firefighters to the Pentagon on 9/11 and assisted the Arlington County Fire Department as the initial Planning Section Chief for the incident. Jack served as Planning Section Chief on a Northern Virginia multi-jurisdictional emergency management task force that reestablished the New Orleans Emergency Operations Center just after Hurricane Katrina. He refired from Loudoun County in 2006 to pursue a career in emergency management. Brown retired from the Coast Guard Reserve as a Chief Warrant Officer 4, specializing in port safety and security, with 33 years of combined Army and Coast Guard Reserve service. After 9/ll, he served on active duty for 47 months. including 15 months in the Middle East. He received the Bronze Star Medal for actions in Baghdad, Iraq while supporting combat operations during Operation Iraqi Freedom. Brown holds a bachelor's degree in Fire Science Administration from the University of Maryland and a master's degree in Quality Systems Management from the National Graduate School, Falmouth, Massachusetts. He is a 1997 graduate of the National Fire Academy's Executive Fire Officer Program at the National Emergency Training Center, Emmitsburg, Maryland. He has been an adjunct professor at the Northern Virginia Community College and the University of the Dislrici of Columbia in the Fire Science curriculums. He is a graduate of the Executive leadership Program in the Center for Homeland Defense and Security at the Naval Postgraduate School, Monterey, California. Senior Associate Chief Donald James {Ret.), MPA, Retired Assistant Chief, Miami-Dade Fire Rescue • Background During a career spanning 30 years, Donald C. James retired in 2005 as an Assistant Fire Chief with the Miami Dade Fire Rescue Department. In that capacity he assumed oversight of various functional areas to include Fire Prevention. Facilities Management and Construction, Communications. Emergency Medical Services and Training Divisions. As a Division Director, he was responsible for multimillion dollar budgets for Community Relations, Emergency Medical Services. Communications and Fire Prevention. In 1996 he was honored by the National Fire Protection Association as the "Learn Not To Burn Champion" with a Safe Cities Award Grant. Working in conjunction with Miami Dade Public Schools, the grant provides for the teaching of a fire safety curriculum at the elementary grade levels. Among other accomplishments, he was also instrumental in the development of the department's Infectious Disease Control Policy and Procedure-one of the first of its kind in the fire service nationwide. Mr. James received his Associates degree in Fire Science Technology from Miami Dade College. He holds o Bachelor's degree in Public Administration from Barry University in Miami Shores, and Master's degree in Public Administration from Florida International University, Miami. ICMA Center for Public Safety Management -Miami Beach, FL Page 10 of 21 14 305 .. • • . ". . . • . • Ell t3 .. ·project' Schedule· · · . · u. '~-u_=-... :( . . _ II . · -~1-•· .. ;., · Milestone 1 -Full execution of the agreement Agreement will identify Project Launch date. Milestone 2-Project Launch We will conduct an interactive telephone conference with local government contacts. Our project leads will launch the project by clarifying and confirming expectations, detailing study parameters, and commencing information gathering. Milestone 3a -Information Gathering and Data Extraction-30 Days Immediately following project launch, fhe operations leads will deliver an information request to the department. This is an extensive request which provides us with a detailed understanding of the department's operations. Our experience is that it typically takes an agency several weeks to accumulate and digitize the information. We will provide instructions concerning uploading materials to our website. When necessary, the lead will hold a telephone conference to discuss items contained in the request. The team lead will review this material prior to an on-site visit. Milestone 3b-Data Extraction and Analysis-14 Days Also Immediately following the project launch the Data Lead will submit a preliminary data request. which will evaluate the quality of the Computer Aided Dispatch· (CAD) system data. This will be followed by a comprehensive request for data from the CAD system to conduct the response and workload analysis. This request requires a concerted effort and focused response from your department to ensure the timely production of required for analysis. Delays in this process will likely extend the entire project and impact the delivery of final report. The data team will extrac1 one year's worth of Calls for Service (CFS) from the CAD system. Once the Data Team is confident the data are accurate, they will certify that they have all the data necessary to complete the analysis. Milestone 3c-Data Certification -14 days Milestone 4a -Data Analysis and Delivery of Draft Data Report-30 days Within thirty days of data certification, the analysis will be completed and a draft, unedited data report will be delivered to each of the departments for their review and comment. After the data draft report is delivered, an on-site visit by the operations team will be scheduled. Milestone 4b-Departmental Review of Draft Data Report-14 days The department will have 10 days to review and comment on the draft unedited data analysis. During this time, our Data team will be available to discuss the draft report. The Department must specify all concerns with the draft report at one time. Milestone 4c -Final Data Report-1 0 days After receipt of ihe department's comments, the data report will be finalized within I 0 days. Milestone 5-Conduct On-Site Visit-30 days SubJect matter experts will perform a site visit within 30 days of the delivery of the draft data report. Milestone 6 -Draft Operations Report-30 days Within 30 days of the last on-site visit, the operations team will provide a draft operations report to each department. Again the departments will have 1 0 days to review and comment. Milestone 7-final Report 15 days Once the Department's comments and concerns ore received by ICMA the combined final report will be delivered to the city within 15 days. TOTAL ELAPSED TIME: 105 • 135 days ICMA Center for Public Safety Management -Miami Beach, FL Page 11 of 21 15 306 '• ..,r g 1 . :·p .. · The ICMA Approach: Fire/EMS o ·, ~-w.: -~· . . I! . ' ' ;:.. . . .. Operations Review Using information analyzed by the data team, an operational assessment by ICMA technical experts will be conducted to evaluate the deployment of emergency resources. The ICMA team will evaluate equipment, maintenance, records, poHcies, procedures, mapping, implemented technology and innovations, facilities, training. and staff to create recommendations for future service delivery. The team may meet with elected and appointed officials as well as identified community leaders to determine the outcome they are seeking from deployment of resources. Observations and recommendations will be developed around key performance and analysis areas in the completion of the report and include: • Comprehensive Data Analysis 0 Incident Type Workload 0 Response Time 0 Unit Workload 0 Analysis of Busiest Hour • Governance and Administration 0 Organizational Structure 0 Organizational Leadership 0 Staffing and Deployment 0 External Relationships • Organizational Behavior/Management/Processes 0 Time Allocation of Staff 0 Organizational Communication 0 Strategic Planning 0 Performance Measurement • Financial Resources (Operating and Capital Resources) • Programs (To Include fire suppression. EMS, fire prevention, publfc education, fire investigation, technical rescue, hazardous materials, emergency management, , and other service delivery programs) • Risk Management/All hazards approach to community protection • ISO/ Accreditation Benefit Analysis Using GIS technology we will review the current locations of deployed equipment and stalions with recommendations developed for the future. Key to making these determinations will be response time for dispatched units and call density. The ICMA data team has created a methodology for determining resource utilization that quantifies the maximum and minimum deployment of personnel and equipment. It is unlike any other approach currently used by consultants and is indicative of the desire by ICMA to deliver the right resources at the right time. ICMA Center for Public Safety Management -Miami Beach, FL Page 12 of 21 16 307 fire Suppression Services Fire departments staff their stations and train their personnel to respond to a wide array of fire and vehicular accident emergencies. In addition, many departments use the long intervals between calls for service for a variety of fire prevention. training and station activities. Research in the United Kingdom as well as by FEMA has shown that the most cost-effective approach to fire deployment is the elimination oi calls. If a call is received, eliminating hazards decreases the risk faced by first responders and may result in a more positive outcome. These preventive strategies should include building effective code enforcement and tire prevention activities as well as strong public education programs promoting smoke detectors fire extinguisher use and placement in homes and businesses. The effort may also include early fire suppression through the use of automatic sprinkler systems and other fire protection systems. All of these prevention and response challenges are illustrated below. FIRE CHALLENGES FIRE DEPARTMENT ACTIONS ICMA Center for Public Safety Management -Miami Beach, FL Page 13 of 21 17 308 .. The resulting data study ICMA completes will gather and analyze data on the efficiency and effectiveness of the current deployment on the fire runs. Resource utilization will be quantified for concentration, location, and unit utilization. The study will also analyze fire call data to provide a comprehensive review of how fire services are delivered to the community including a detailed analysis of workloads and response times. The analysis of the workloads should begin with an in-depth study of the types of calls handled and their severity. The goal of this data gathering would be to explicate the fundamental nature of the fire challenge faced by the Fire Department. The study will pay special attention to fires reported in residences or buildings. Some examples of questions to be answered as a part of the study include: What was the average response time of the first arriving fire suppression unit capable of deploying extinguishing agent? How long did the engine companies work at the scene? For each call type, we will determine the time spent on-scene and the manpower personnel who worked the scene. This data will be aggregated to determine an overall average total time spent on fire calls per 24-hour period and by shift for each engine company. It will document any dramatic variations by time of day and day of week as well as seasonal variations. It will also require the review the department's non-emergency productive hours that fire personnel carry out between emergency calls. The study will also analyze data to determine the proportion of calls and the associated workload that arise within the community's borders compared to mutual aid calls. Response time is an important statistic in emergency service systems. We will determine: 0 Average response time of first arriving fire suppression unit capable of deploying extinguishing agent. CJ Distribution of response times for different call categories o Response time for the second arriving engine company, where possible We will also identify and review calls that experienced unusually long response times. ICMA Center for Public Safety Management -Miami Beach, FL Page 14 of 21 18 309 ----------------------------------- Emergency Medical Services Fire Departments provide emergency medical services in addition to fire suppression duties. In this project we will analyze EMS call data to provide a comprehensive review of emergency medical services including a detailed analysis of workloads and response times. The analysis of the workloads will begin with an in-depth study of the types of calls handled and their severity. The goal is to explicate the fundamental nature of the emergency medical challenge faced by the community's Fire Department. We will pay special attention to the most critical emergencies such as heart attack and serious vehicular accidents. EMS CHALLENGES I EMS DEPARTMENT-ACTIONS I For each cat! type, we will determine the time spent on-scene and the manpower personnel who worked the scene. These data will be aggregated to determine an overall average total time spent on fire earls per 24-hour period for each ambulance company and the unit hour utilization (UHU). We will also determine how much EMS calls contribute to the workload of fire engine companies since they also respond to most calls. We will document any dramatic variations by time of day and day of week as well as seasonal variations. Response time is an important statistic in emergency service systems. We will determine not only average response time but also the distribution of response times for different call categories. We will also identify and review calls that experienced unusually long response times. ICMA Center for Public Safety Management -Miami Beach, FL Page 15 of 21 19 310 -<-'> -~ ' ' ' ' ' '.: "' • ·~ ~ J ~ . ' • .;·. . ' ...•.. ,, .. Analysis of the Busiest Hours .of th~-)'e~r .. u ' ' ' Fire departments often speak of the "worst case scenario" or "resource exhaustion" when developing staffing and deployment plans. In reality, on agency can never staff for the worst case scenario, because whatever situation can be envisioned, there can always be a more serious event that can be planned. What is needed to make staffing and apparatus decisions is a clear understanding of what ~evels of demand can reasonably be expected over specific periods of time in a specific jurisdiction. For example, what are the busiest calls for service times over a one year period and what levels of staffing and apparatus were needed to handle this workload? To answer this question requires a detailed analysis of calls for service, broken down minute by minute, identifying which units were busy and how many units remained available to respond to a new call for service. More sophisticated analysis can take into consideration available mutual aid resources. There is significant variability in the number of calls from hour to hour. One special concern relates to the fire resources available for the highest workload hours. We tabulate the data for each of 8760 hours in the year. We identify how often the fire department will respond to more than a specified number of calls in an hour. In studying call totals, it is important to remember that an EMS run typically lasts, on average, a different amount of time than a fire category call. Example of "Busiest Hour Analysts" What follows is an example of an ICMA study of a fire department with 17 units staffed all the time. For the vast majority of these high volume hours, the total workload of all units combined is equivalent to 3 or fewer units busy the entire hour. For the ten highest volume hours. 0.1% of the hours. the total workload exceeded 3 hours. All of these high volume hours occurred between 10 a.m. and 9 p.m. The hour with the most work was between lOOO and 1100 on September 12, 2009. The 21 calls involved 34 runs. The combined workload was 417 minutes. This is equivalent to 7 firefighting units being busy the entire hour. However, in the City there are 17 units staffed all of the time. During the worst portion of the hour, there were always at least 5 units still available to respond immediately. Only 5 of the 17 units were busy more than 30 minutes during this hour. The hour with the most calls was between 1400 and 1500 on october 13, 2009. The 23 calls involved 28 runs. The combined workload was 379 minutes. This is equivalent to between 6 and 7 firefighting units being busy the entire hour. However, in the city there are 17 units staffed all of the time. During the worst portion of the hour. there were always at least 7 units still available to respond immediately. Only 3 of the 17 units were busy more than 30 minutes during this hour. ICMA Center for Pubfic Safety Management -Miami Beach, FL Page 16 of 21 20 311 Table 1. Frequency DlstribuHon of the Number of Calls Number of Calls In Frequency an Hour 0-5 6397 6-10 2263 11-15 98 16 or more 2 Observations: • A total of 6.397 hours (73%) in a year have received 0-5 calls. • A total of 2,263 hours (25 .8%) in a year have received 6-1 0 calls; • A total of 1 00 hours ( 1.2%) in a year have received 11 or more calls. Table 2. Top Ten !:lours with Jhe Most Calls Received HOURS Number Number of Total Busy of Calls Runs Minutes 13-0cl-2009 . 1400 23 28 379 12-Sep-2009 1000 21 34 417 20-Jun-2009 2000 15 16 . 252 02-Feb-2009 1900 15 16 213 I 0-Jul-2009 1000 14 15 226 15-Feb-2009 1900 14 20 317 29-Jul-2009 1700 14 18 274 23-Feb-2009 1100 14 15 180 17-Mar-2009 1500 14 17 193 01-Mar-2009 1800 13 14 185 ICMA Center for Public Safety Management -Miami Beach, FL Page 17 of 21 21 312 w ~ w Table 3. Deployed Minutes by Unit for the Hour between 10 a.m. and 11 a.m. on 12-Sep-2009 Station 2 3 4 5 6 7 9 10 11 12 13 14 Note: The numbers in the cells are the busy minutes within the 5 minute block. The cell values greater than 2.5 are coded as red. Observations: • Between 10 a.m. and ll a.m. on September 12, 2009, the fire department responded to 21 calls and dispatched 34 unlts to these calls. • In the city there are 17 units staffed all of the time. During the worst portion of this hour, there were always at least 5 units still available to respond immediately. Only 5 of the 17 units were busy more than 30 minutes during this hour. JCMA Center for Public Safety Management -Mlaf!!i Beach, FL Page 18 of21 22 -------------~ Figure 1. Workload by Unit and Call Type for the Hour between 10 a.m. and 11 a.m. on 12-Sep-2009 • EMS • Fire Other g, Real Fire I 50 43 El E2 T2 E3 T3 E4 T4 E5 E6 E7 T7 . E9 -ElO Ell £12 t.B E14 Observations: • Engine companies E3, E11 and E12 were busy more than 40 minutes during this hour. • Truck. 13 was busy more than 40 minutes during this hour. • Eleven units were busy less than 20 minutes. Two units responded to no calls. ICMA Center for Public Safety Management -Miami Beach, FL Page 19 of 21 23 314 . . . B . . ,_ .. Proposed Fees -.. · · c.::~:::~+:· ~ . ' ,;:J .. ,, -~· .-' - -·.·-Ill ' -~ .,..-.-. The quotation of fees and compensation shall remain firm for a period of 90 days from this proposal submission. ICMA will conduct the analysis of the fire, and EMS departments tor $65,000 exclusive of travel. The project would be billed in three installments: 40% within 14 days of signing the contract; 40% with delivery of the police, fire and EMS draft data analysis; 20% with delivery of the find! report. Following delivery of the draft reports, the city will have 30 days to provide comments as to accuracy and a final report will be delivered within 30 days of the comment period. A travel budget of $5,000 is proposed. Deliverables Draft reports for police, fire/EMS will be provided for department review in electronic format. In order to be ecologically friendly, ICMA will deliver the final report in computer readable material either by email or CD or both. The final reports will incorporate the operational as well as data analysis. Should the municipality desire additional copies of the report, ICMA will produce and deliver whatever number of copies the client request and will invoice the client at cost. Should the City desire additional support or in-person presentation of findings, ICMA will assign staff for such meetings at a cost of $1,000 per day/per person along with reimbursement of travel expenses. ICMA Center for Public Safety Management-Miami Beach, FL Page 20 of 21 24 315 Part of ICMA's mission is to assist local governments in achieving excellence through information and assistance. Following this mission, ICMA Center for Public Safety Management acts as a trusted advisor, assisting local governments in an objective manner. In particular. ICMA's experience in dealing with public safety issues combined with its background in performance measurement achievement of efficiencies, and genuine community engagement, makes ICMA a unique and beneficial partner in dealing with issues such as those being presented Tn this proposal. We look forward to working with you further. JCMA Center for Public Safety Management -Miami Beach, FL Page 21 of 21 25 316 THIS PAGE INTENTIONALLY LEFT BLANK 317 COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the City of Miami Beach accepting the recommendation of the Finance and Citywide Projects Committee (FCWPC) that the Administration develop a request for proposal (RFP) for a complex and comprehensive dedicated hotline reporting service, subject to budget approp_riation. Ke Intended Outcome Su ported: Increase community satisfaction with City government; Expanding hours and services through E- overnment; Enhance external/internal communications from and within the Cit Item Summary/Recommendation: On April 11, 2012, five Code Compliance and two Fire Department employees were arrested by the Federal Bureau of Investigations (FBI) on charges that included conspiracy to commit extortion. The City reached out to Miami-Dade County Inspector General for assistance; however, the MDCOIG was unable to meet the City's needs. At the July 25, 2013, the FCWPC discussed other options: (1) hire an inspector general for the City of Miami Beach; (2) hotline and/or (3) hire a compliance officer subject to budget appropriation. The Committee members rejected the first option and directed staff to pursue the second and third options. The hotline will provide an efficient and independent means of reporting and identifying concerns regarding potential misconduct. The features of the proposed hotline will include: ( 1) 24/7/365 Call Center; (2) Unique toll-free number with customized greeting; (3)No call queues ever used. Every call answered by live operators; (4) Online case management for reporting, tracking and analysis; (5) Immediate notification 24 hours-a-day for severe/sensitive situations; and (6) Online web-reporting for employees. The hotline will provide for the establishment of a reporting mechanism that affords employees, residents and business owners with a means by which to voice their concerns on compliance and other regulatory issues without fear of retribution. As part of the FY 2013/14 Work Plan and Budget, it is proposed that Assistant City Manager, Joe Jimenez, assume the role of chief compliance officer and will be responsible for the ethics hotline, and follow up an investigations brought about from hatline reports or other sources. Board Recommendation: Finance and Citywide Project Committee recommended approval at the July 25, 2013, meeting. Financial Information: Source of Amount Account Funds: 1 $70,000 011-031-000312 (subject to approval in Fiscal ~ Year 2013/2014 budget) 2 3 Total Financial Impact Summary: City Clerk's Office Legislative Trackin Finance and Citywide Projects Committee s· -Off 1gn s: Department Director Assis~City Manager 1\ City Manager SC-T GC~ KGB .fA./ JLM ... ~ ? A~NDAITEM C7/i MIAMI BEACH 318 DATE f{-//-/3 City of Miami Beach, 1700 Convention Cen!er Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Mattie Herrera Bower and embers of ~ommission FROM: Jimmy Morales, City Manager DATE: September 11,2013 SUBJECT: A RESOLUTION OF THE MAY RAND CITY COMMISSION OF THE CITY OF MIAMI BEACH ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE (FCWPC) REJECTING THE PROPOSAL TO HIRE AN INSPECTOR GENERAL TO INVESTIGATE CLAIMS OF FRAUDULENT ACTIVITY AND PERFORM OTHER INVESTIGATIVE SERVICES AND RECOMMENDING THAT THE ADMINISTRATION DEVELOP A REQUEST FOR PROPOSAL FOR A DEDICATED HOTLINE REPORTING SERVICE CAPABLE OF PROVIDING A 24-HOUR CALL CENTER WITH A TOLL-FREE NUMBER AND A CUSTOMIZED GREETING, NO CALL QUEUES, STAFFED BY TRAINED CALL INTAKE PERSONNEL; ONLINE CASE MANAGEMENT TO REPORT, TRACK AND ANALYZE CALLS, AN IMMEDIATE 24-HOUR NOTIFICATION SERVICE FOR SEVERE/SENSITIVE SITUATIONS AND AN ONLINE WEB-BASED REPORTING MECHANISM FOR EMPLOYEES; SUBJECT TO BUDGET APPROPRIATION. At the May 8, 2013, City Commissioners' meeting, Commissioner Michael Gongora referred the subject issue to the Finance and Citywide Projects Committee (FCWPC). BACKGROUND On April11, 2012, five Code Compliance and two Fire Department employees were arrested by the Federal Bureau of Investigations (FBI) on charges that included conspiracy to commit extortion. Shortly after news of the arrests, the City reached out to Miami-Dade County Inspector General, Christopher R. Mazzella, regarding the possibility of the MDCOIG providing the City with its services to investigate and review allegations of waste, fraud, abuse, employee misconduct and mismanagement. On June 6, 2012, the subject issue was referred by the City Commission to the Neighborhood and Community Affairs Committee for further discussion and the item was placed on the meeting agenda for October 15, 2012, where discussion was deferred. On December 12, 2012, the Commission approved an action plan to address potential corruption and misconduct which, among other things, included contracting with the MDCOIG for the oversight and investigatory services the office provides. 319 City Commission-September 11, 2013 Compliance Officer Page 2 of 4 The MDCOIG was created in 1998 by the Miami-Dade County Commission, through County Ordinances, and has the authority to "review past, present and proposed County and Public Health Trust programs, accounts, records, contracts, and transactions." The MDCOIG investigates allegations of fraud, waste, abuse and misconduct amongst public officials and County employees as well as contractors and vendors doing business with the County. The Mayor and the former City Manager met with Mr. Mazzella and his staff on Apri118, 2012, to discuss the possibility of a formal relationship between his office and the City. The Inspector General was receptive to such an engagement and that meeting was the origin of a conceptual intergovernmental agreement between the two parties. To carry out its mission, the MDCOIG is empowered to require, and issue subpoenas if necessary, the production of documents and records in the possession and control of the County. The MDCOIG can also call for reports from any County official, County agency or instrumentalities regarding any matter within its jurisdiction; to report on and recommend to County government on whether a particular program, contract or transaction is financially sound, reasonable, necessary or operationally deficient; to conduct random audits; and to provide general oversight of department programs and large-scale construction projects. The proposed agreement between the City and Miami-Dade County, on behalf of the MDCOIG, would have authorized the MDCOIG to provide similar services to the City. Staff members from the MDCOIG, City Administration and City Attorney's Office worked to craft an agreement setting forth the powers and duties of the Inspector General in the City of Miami Beach. The following generally describe the role of the Inspector General and the scope of services that the agreement contemplated: • The organization and administration of the MDCOIG would have been sufficiently independent to assure that no interference or influence external to the MDCOIG adversely affected the objectivity of the Inspector General. The Inspector General considered this an integral component of any relationship with his office. • The MDCOIG would have exercised any of the responsibilities, functions and authorities contained in the agreement upon his or her own initiative. • The Mayor and Commission, City Manager, City Attorney, City's Internal Auditor and Miami Beach Police would have cooperated with the MDCOIG to achieve the goals of preventing and detecting fraud, waste, financial mismanagement, employee misconduct or other abuses, and promoting accountability, integrity, economy, and efficiency in government. Under the terms of the agreement, the MDCOIG would have been authorized by the City to: • Serve as the Inspector General for the City during the term of the agreement. • Randomly, or in response to complaints, conduct reviews, audits, inspections, investigations or analyses relating to departments; offices; committees; activities; accounts; records; procurement processes (e.g. how bid specifications were established; how the bid process was managed; the activities of the prospective bidder, its officers, agents and employees; lobbyists; City staff; and elected officials); contracts; transactions; pastlpresenVfuture programs and agencies ofthe City; employee compliance with established policies and/or standard operating procedures (including the operation of departments or divisions of the City with regulatory oversight of 320 City Commission -September 11, 2013 Compliance Officer Page 3 of 4 local/state/federal codes such as, but not limited to, fire, parking, planning and zoning, building, property maintenance, noise, etc.); and allegations of employee misconduct. • Require reports and the production of records from the Mayor, Commission, City Manager, City officers, employees (except any files or reports relating to litigation that are subject to attorney- client or other similar privilege) and entities under contract with the City. • Staff and support a "hotline," that would be operational throughout the duration of the agreement, to accept calls from individuals reporting alleged fraud, waste, financial mismanagement, employee misconduct or other abuses and for such hotline to be advertised by the City. The proposed agreement with the MDCOIG was intended, whenever possible, not to duplicate the work of the City's Internal Auditor, Miami Beach Police Department Internal Affairs Division, Miami Beach Human Resources Department, City Commission, City Manager and City Attorney, the State Attorney's Office or Miami-Dade County Commission on Ethics. The Inspector General, however, advised the City Attorney of his unavailability to provide this support. In light of the MDCOIG's unavailability, at the July 25, 2013, the members ofthe FCWPC discussed other options presented by staff: (1) hire an inspector general for the City of Miami Beach; (2) issue a request for proposal to result in a contract with a dedicated hotline reporting service, capable of providing a 24-hour toll-free telephonic personal answering service and reporting and tracking compliance concerns to enhance the Administration's ability to identify possible unethical, illegal or questionable behavior; and/or (3} hire a compliance officer subject to budget appropriation. The Committee members rejected the first option and directed staff to pursue the second and third options. ANALYSIS The Administration thinks it is imperative that the City continue to pursue every effort to prevent and detect fraud, waste, financial mismanagement, employee misconduct or other abuses. Employees, residents and business owners alike need a venue through which to report conduct that is not consistent with the integrity the City expects of public servants and, when doing so, those reporting such activities, must feel confident that their calls and concerns will be properly investigated. Equally, it is to the City's benefit to have a process through which to investigate reported fraud or employee misconduct, such as concerns with the City's procurement and regulatory functions, primarily as it relates to matters that do not rise to the level compelling the FBI's involvement. The hotline will provide an efficient and independent means of reporting and identifying concerns regarding potential misconduct. The features of the proposed hotline will include: • 24/7/365 Call Center; • Unique toll-free number with customized greeting; • No call queues ever used. Every call answered by live operators; • Online case management for reporting, tracking and analysis; Immediate notification 24 hours-a-day for severe/sensitive situations; and • Online web-reporting for employees. The hotline will provide for the establishment of a reporting mechanism that affords employees, residents and business owners with a means by which to voice their concerns on compliance and 321 City Commission-September 11, 2013 Compliance Officer Page 4 of 4 other regulatory issues without fear of retribution. As part of the FY2013/14 Work Plan and Budget, it is proposed that Assistant City Manager, Joe Jimenez, assume the responsibilities of a chief compliance officer and be responsible for the ethics hotline, and follow up on investigations brought about from hotline reports or other sources. These types of investigations are currently handled by the City's Human Resources Department, but they take resources from other functional responsibilities and depending upon the nature of the complaint frequently require assistance from law enforcement. RECOMMENDATION Based on the FCWPC recommendation, it is recommended that the Commission adopt the resolution directing the Administration to develop an RFQ for a dedicated hotline reporting service capable of providing a 24-hour call center, no call queues, staffed by trained call intake personnel; online case management to report, track and analyze calls, and immediate 24-hour notification service for severe/sensitive situations and an online web-based reporting mechanism for employees. / ~-\ JLM/KGB/SC-T T:\AGENDA\2013\September 11\Compliance Officer Memo.doc 322 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITY WIDE PROJECTS COMMITTEE (FCWPC) REJECTING THE PROPOSAL TO HIRE AN INSPECTOR GENERAL TO INVESTIGATE CLAIMS OF FRAUDULENT ACTIVITY AND PERFORM OTHER INVESTIGATIVE SERVICES AND RECOMMENDING THAT THE ADMINISTRATION DEVELOP A REQUEST FOR PROPOSAL FOR A DEDICATED HOTLINE REPORTING SERVICE CAPABLE OF PROVIDING A 24-HOUR CALL CENTER WITH A TOLL-FREE NUMBER AND A CUSTOMIZED GREETING, NO CALL QUEUES, STAFFED BY TRAINED CALL INTAKE PERSONNEL; ONLINE CASE MANAGEMENT TO REPORT, TRACK AND ANALYZE CALLS, AN IMMEDIATE 24-HOUR NOTIFICATION SERVICE FOR SEVERE/SENSITIVE SITUATIONS AND AN ONLINE WEB-BASED REPORTING MECHANISM FOR EMPLOYEES; SUBJECT TO BUDGET APPROPRIATION. WHEREAS, on April 11, 2012, five Code Compliance and two Fire Department employees were arrested by the Federal Bureau of Investigations (FBI) on charges that included conspiracy to commit extortion; and WHEREAS, on December 12, 2012, the Commission approved an action plan to address potential corruption and misconduct which, among other things, included contracting with the Miami-Dade County Office of Inspector General (MDCOIG) for the oversight and investigatory services the office provides; and WHEREAS, on February 20, 2013, the MDCOIG informed the City it was unable to provide such services to the City of Miami Beach due to current and foreseeable workload commitments; and WHEREAS, In light of the MDCOIG's unavailability, at the July 25, 2013, the members of the FCWPC discussed three other options presented by staff: (1) hire an inspector general for the City of Miami Beach; (2) issue a request for proposal to result in a contract with a dedicated hotline reporting service, capable of providing a 24-hour toll- free telephonic personal answering service and reporting and tracking compliance concerns to enhance the Administration's ability to identify possible unethical, illegal or questionable behavior; and/or (3) hire a compliance officer subject to budget appropriation; WHEREAS, at the July 25, 2013, the FCWPC recommended that the administration issue an RFP for a dedicated hotline and hire a chief compliance officer subject to budget appropriation; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that an RFP with all the hotline characteristics approved by the FCWPC on July 23, 2013, incorporated herein by 323 reference, be issued and that the chief compliance officer will be responsible for the ethics hotline, investigate complaints brought about from hotline reports or other sources. PASSED AND ADOPTED this ___ day of September, 2013. ATTEST BY: MATTI HERRERA BOWER, MAYOR RAFAEL E. GRANADO, CITY CLERK T:IAGENDA\2013\September 11\Compliance Officer-Hotline Resolution.docx 324 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK 325 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE DONATION SURPLUS COMPUTER EQUIPMENT IN "AS IS" CONDITION TO THE MIAMI-DADE BROADBAND COALITION Ke Intended Outcome Su orted: Enhance Learning Opportunity for Youth Supporting Data (Surveys, Environmental Scan, etc.): Miami Dade Broadband Coalition has warded 2,250 computers over the past three years. Item Summa /Recommendation: The Administration is recommending that the City Commission approve the donation of surplus computer equipment pursuant to code Section 2-315(e)., regarding donations of surplus stock to the Miami Dade Broadband Coalition, a not for profit organization. The Miami-Dade Broadband Coalition is a non-profit organization collaborating with successful community programs/organizations to address the digital divide and promote the adoption and spread of affordable technology. The donated equipment is restored using college interns and distributed throughout the community in schools, parks and senior/adult centers. In the past, the City has donated the surplus computer equipment to the Miami-Dade Broadband Coalition which is a non-profit organization collaborating with successful community programs/organizations to address the digital divide and promote the adoption and spread of affordable technology. The donated equipment is restored using college interns and distributed throughout the community in schools, parks and senior/adult centers. What makes the Coalition unique are the participating members who are anchor institutions such as the City of Miami Beach throughout Miami-Dade County working together toward common goals; The elimination of the "digital divide" and the education of our community on the use of the tools of technology. This is a summary of where the City donated equipment has been deployed: 1. Two hundred (200) desktop machines were donated to the Miami Dade County Public School system to deploy as technology tools at Miami Dade County in Title I schools. 2. Two hundred (200) desktop machines will be used to support the new Technology Learning Centers projects throughout Miami Dade County. 3. Fifty (50) desktop machines and monitors have been utilized for various non-profit organizations, such as: the FoundArt Academy (for Autistic youth and young adults), STEPS in the Right Direction (elder programs), the Lions Club District 35-N for low income students, and the St Alban's Child Enrichment Center re-K and K in low income area in West Coconut Grove . Advisory Board Recommendation: Financial Information: Source of Funds: D 1 2 3 OBPI Total Financial Impact Summary: Amount City Clerk's Office Legislative Tracking: Si MIAMI BEACH 326 Account AGENDA ITEM _C_?___.:_I __ DATE f-//-/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: September 6, 2013 SUBJECT: A RESOLUTION OF THE MAYOR A D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE DONATION OF SURPLUS COMPUTER EQUIPMENT IN "AS IS" CONDITION TO THE MIAMI-DADE BROADBAND COALITION ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOMES SUPPORTED Enhance Learning Opportunity for Youth ANALYSIS The Administration is recommending that the City Commission approve the donation of surplus computer equipment pursuant to code Section 2-315(e)., regarding donations of surplus stock to the Miami Dade Broadband Coalition (Coalition), a not for profit organization. Each City department determines the usefulness of their items and is responsible for their surplus assets. The City surplus stock assets (i.e. items that have outlived their useful life; or are no long needed by any City department; or are no long cost effective to maintain; or that have become obsolete) are sold via public auctions for minimal value in an "as is' condition. It is important to note that surplus computers have very little value since IT technicians remove the physical hardrive and then render the drive inoperable by using a media demagnetizer which removes the operating system and any data residing on it completely inaccessible. Once the disk drive media has been rendered inoperable and useless, it is sent to the Miami Beach Convention Center to a separate locked room designated for computer equipment storage until an auctioned is scheduled. All documentation for surplus computers that have been slated for disposal is submitted to Procurement at the time it is placed in storage. In the past, the City has donated the surplus computer equipment to the Miami-Dade Broadband Coalition which is a non-profit organization collaborating with successful community programs/organizations to address the digital divide and promote the adoption and spread of affordable technology. The donated equipment is restored using college interns and distributed throughout the community in schools, parks and senior/adult centers. What makes the Coalition unique are the participating members who are anchor institutions such as the City of Miami Beach throughout Miami-Dade County working together toward common goals; The elimination of the "digital divide" and the education of our community on the use of the tools of technology. 327 This is a summary of where the City donated equipment has been deployed: • Two hundred (200) desktop machines were donated to the Miami Dade County Public School system to deploy as technology tools at Miami Dade County in Title I schools. • Two hundred (200) desktop machines will be used to support the new Technology Learning Centers projects throughout Miami Dade County. • Fifty (50) desktop machines and monitors have been utilized for various non-profit organizations, such as: the FoundArt Academy (for Autistic youth and young adults), STEPS in the Right Direction (elder programs), the Lions Club District 35-N for low income students, and the St Alban's Child Enrichment Center (pre-K and K in low income area in West Coconut Grove). • In order to enable these machines Coalltion has purchased over 100 hard drives, and had 210 hard drives provided as a one-time donation from various participating members who are anchor institutions. The Administration is requesting authorization to donate to the Miami Dade Broadband Coalition, surplus computer equipment in "as is" condition. The City makes no representation as to the condition of the computer equipment, no warranties, expressed or implied, and assumes no responsibility. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, adopt the Resolution to authorize the donation of surplus computer equipment to the Miami Dade Broadband Coalition. F:\COMP\$adm\MDBC\MDBC Surplus Computer equip0813.doc 328 RESOLUTION TO BE SUBMITTED 329 COMMISSION ITEM SUMMARY Condensed Title: A resolution setting a public hearing, pursuant to Section 118-262 of the City Code, to review the Design Review Board order relative to DRB File No. 22977 rendered on July 11, 2013, requested by Patricia Fuller, a resident of the City_ of Miami Beach, Florida, and member of the Art in Public Places Committee. Key Intended Outcome Supported: Increase community satisfaction with recreational programs Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey results indicate 85% of residents rated the City's recreation programs either excellent or good. Issue: I Shall the Mayor and City Commission adopt the resolution? Item Summary/Recommendation: Pursuant to City Code Section 118-262, Patricia Fuller, a resident of the City of Miami Beach, Florida, and member of the Art in Public Places Committee, is requesting a review of the Design Review Board decision rendered on July 11, 2013 (ORB File No. 22977) pertaining to design review approval for a landscape buffer along the perimeter of the City Commission designated off-leash dog area within the triangular area south and west of the Washington Avenue Entry Plaza in Pointe Park. Ms. Fuller is unable to attend the October 16, 2013 meeting and therefore has requested that the hearing be set for the December 11, 2013, City Commission meeting. In view of Ms. Fuller request, the Administration recommends setting the public hearing on December 11, 2013 to review the order of the Design Review Board pertaining to ORB File No. 22894 1 Washington Avenue-South Pointe Park. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 I I 2 3 OBPI Total Financial lm_pact Summary: City Clerk's Office Legislative Tracking: Sign-Offs: Department Director Assistant City Manager City Manager KS/JR JMT JLM T:\AGENDA\2013\September 11\South Pointe Park ORB File No. 22977 P. Fuller Appeal • Commission Summary 9-11- MIAMI BEACH 330 AGENDA ITEM DATE C7T f--!f-13 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Mem FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: A RESOLUTION OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORID SETTING A PUBLIC HEARING, PURSUANT TO SECTION 118-26 OF THE CITY CODE, FOR THE PATRICIA FULLER'S APPEAL OF THE DESIGN REVIEW BOARD'S ORDER RELATIVE TO ORB FILE NO. 22977 FOR THE PROPERTY LOCATED AT 1 WASHINGTON AVENUE-SOUTH POINTE PARK AND SETTING SAID PUBLIC HEARING FOR THE CITY COMMISSION MEETING OF DECEMBER 11,2013. ADMINISTRATION RECOMMENDATION Adopt the Resolution KEY INTENDED OUTCOME SUPPORTED Increase community satisfaction with recreational programs ANALYSIS On July 17, 2013 pursuant to City Code Section 118-262, Patricia Fuller, a resident of the City of Miami Beach, Florida, and member of the Art In Public Places Committee, filed a request to appeal a decision of the Design Review Board decision rendered on July 11, 2013 (ORB File No. 22977) granting approval of a landscape buffer along the perimeter of the City Commission designated off-leash dog area within the triangular area south and west of the Washington Avenue Entry Plaza in Pointe Park. Additionally, as Ms. Fuller is unable to attend the October 16, 2013 City Commission meeting she has requested the hearing be set for the December 11, 2013 City Commission meeting. The Miami Beach City Code allows, inter alia, the applicant, or the City Manager on behalf of the city administration, or others to seek a review of any Design Review Board order by the City Commission. Pursuant to Section 118-262 of the Miami Beach Code, the review by the City Commission is not a "de novo" hearing. It must be based upon the record of the hearing before the Design Review Board. Furthermore, Section 118-262 (b) states the following: In order to reverse, or remand for amendment, modification or rehearing any decision of the Design Review Board, the City Commission shall find that the Design Review Board did not do one of the following: 1) Provide procedural due process; 2) Observe essential requirements of law; or 3) Base its decision upon substantial, competent evidence. 331 Commission Memorandum September 11, 2013 Setting of Public Hearing for Patricia Fuller's Appeal of DRB File No. 22977 Page 2 of 2 In order to reverse or remand a decision of the ORB, a 5/th vote of the City Commission is required. CONCLUSION The Administration recommends that the Mayor and City Commission set the public hearing on December 11, 2013 to consider Patricia Fuller's appeal of the Design Review Board's Order rendered on July 11, 2013 relative to ORB file No. 22977 for the property located at 1 Washington Avenue -South Pointe Park. JLM/J&S/JR T:\AGENDA\2013\September 11\South Pointe Park DRB File No. 22977 P. Fuller Appeal-Commission Memo. 9-11-13.doc 332 RESOLUTION NO.:.... ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING, PURSUANT TO SECTION 118-262 OF THE CITY CODE, TO CONSIDER PATRICIA FULLER'S APPEAL OF THE DESIGN REVIEW BOARD'S ORDER RELATIVE TO ORB FILE NO. 22977 FOR THE PROPERTY LOCATED AT 1 WASHINGTON AVENUE -SOUTH POINTE PARK AND SETTING SAID PUBLIC HEARING FOR THE CITY COMMISSION MEETING ON DECEMBER 11, 2013. WHEREAS, Section 118-262 of the Miami Beach City Code establishes a process for review by the Mayor and City Commission of decisions rendered by the Design Review Board when requested by an applicant or any affected person; and WHEREAS, the City Administration was the applicant for a landscape buffer along the perimeter of the City Commission designated off-leash dog area within the triangular area south and west of the Washington Avenue Entry Plaza in Pointe Park (DRB File No. 22977, 1 Washington Avenue-South Pointe Park); and WHEREAS, on July 17, 2013, Patricia Fuller, a resident of the City of Miami Beach, Florida, and member of the Art in Public Places Committee, filed an appeal of the Design Review Board's decision rendered on July 11, 2013 (ORB File No. 22977) granting approval for a landscape buffer along the perimeter of the City Commission designated off-leash dog area within the triangular area south and west of the Washington Avenue Entry Plaza in Pointe Park (ORB File No. 22977, 1 Washington Avenue-South Pointe Park); and WHEREAS, Ms. Fuller has requested that the hearing be set for the December 11, 2013 City Commission meeting as she will not be able to attend the October 16, 2013 meeting. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the setting of a public hearing on December 11, 2013 to consider Patricia Fuller's appeal of the Design Review Board's Order rendered on July 11, 2013 relative to DRB File No. 22977 for the property located at 1 Washington Avenue-South Pointe Park. PASSED and ADOPTED this ____ day of September, 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK MA TTl HERRERA BOWER MAYOR T:\AGENDA\2013\September 11\South Pointe Park ORB File No. 22977 P. Fuller Appeal-Resolution 9-11-13.doc APPROVED AS TO FORM & LANGUAGE FOR EXEC~TION ~~~·:----\ '--=-q J 5 \\3 333 CITY ATTO Y-u DATE GUMMJ::;::;JUN lll::M ::;UMMAKY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation OfThe City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For Proposals (RFP) No. 177-2013ME, For Pay-By-Phone services; And Further Authorizing The Mayor And City Clerk To Execute An A reement Upon Conclusion Of Successful Ne otiations B The Administration. Key Intended Outcome Supported: Improve parking availability; Improve process through information technology. Supporting Data (Surveys, Environmental Scan, etc: N/A Item Summary/Recommendation: On May 8, 2013, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) 177-2013ME For Pay-By-Phone Services. On May 9, 2013, RFP No. 0177-2013ME was issued with an opening date of July 17, 2013. A pre-bid conference to provide infonmation to prospective proposers was held on May 30, 2013. Thirty prospective prospers downloaded the solicitation from The Public Group, which resulted in the receipt of five (5) proposals. On August 7, 2013, the City Manager via Letter to Commission (LTC) No. 270-2013, appointed the Evaluation Committee (the "Committee") for the purpose of evaluating the proposals received in accordance with the criteria established in the RFP: The Committee convened on August 30, 2013 to evaluate proposals. 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. The Committee was also provided with a presentation from each proposer. The Committee was instructed to score and rank each proposer's qualifications and proposed scope of services and methodology pursuant to the evaluation criteria established in the RFP. An analysis of cost pursuant to the cost proposal information provided by each firm was presented by Rocio Alba, committee member and Parking Assistant Director, in accordance with Table 1 of the memo. RECOMMENDATION After receiving the recommendation of the Evaluation Committee and City staff, the City Manager exercised his due diligence and is recommending that the Mayor and the City Commission authorize the Administration to enter into negotiations with the top-ranked proposers, Parkmobile USA Inc.; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Pay By Phone Technologies, Inc.; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposers, Pango USA & Passport Parking; and further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the administration. ADOPT THE RESOLUTION Advisory Board Recommendation: INA Financial Information: Source of Funds: Amount 1 2 5 Account Financial Impact Summary: The City will not incur any costs by providing these services and therefore no allocation of fundin is re uired. Pa b hone transaction fees are aid b the user. Cit Clerk's Office Le islative Trackin MIAMI BEACH 334 City Manager AGENDA ITEM _C=-· ...:.7_K._:___ DATE ____,tf__,'"/.,_,_'/-~/.3~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: Mayor Matti Herrera Bower and Members a; th/ty Commission Jimmy L. Morales, City Manager ~+--, September 11, 2013 SUBJECT: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. 177-2013ME, FOR PAY-BY-PHONE SERVICES; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Improve parking availability; Improve process through information technology. FUNDING The City will not incur any costs by providing these services and therefore no allocation of funding is required. Pay by phone transaction fees are paid by the user. BACKGROUND The City of Miami Beach Parking Department is pursuing technology enhancements for its parking payment systems. The following parking payment systems are either in place or will be in the near term: multi-space pay stations, municipal permit programs, including business and residential permits, and a license plate recognition (LPR) handheld and a mobile enforcement system. The next logical progression is for the City to consider a "pay by phone" system which will interface with various existing third party platforms, including the City's permitting and financial systems, in real time. Through the RFP process, the City is seeking a pay by phone (PBP) system that enables parking payments for the City's on-street and off-street metered facilities via phone, mobile application "App"; and/or text. The PBP system shall be capable of providing real time web enabled interfaces with the proprietary platforms described above. The PBP is intended to supplement existing payment options. The PBP system will have the capability of providing discounted rates and service fees to residents. In its due diligence and in an effort to assure that the City was considering all available options for a PBP system, on March 5, 2013, an industry review meeting was held. The purpose of the industry review meeting was to receive input from PBP providers on any options the City could consider for the best system while assuring specifications were competitive and the following factors were considered: available best practices, the feasibility of the scope of services the City was considering, and operational efficiencies that may be available through PBP system options. The companies in attendance were Pango USA, Parkmoblle USA Inc., QuickPay Corp., Pay by Phone Technologies, and Mobile Now. The Scope of Services was revised in order to incorporate the comments and suggestions received during the industry review meeting. 335 Commission Memorandum-RFP # 177-2013 Pay By Phone Services September 11, 2013 Page 2 RFP PROCESS On May 8, 2013, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) 177-2013ME For Pay-By-Phone Services. On May 9, 2013, RFP No. 0177-2013ME was issued with an opening date of July 17, 2013. A pre-bid conference to provide information to prospective proposers was held on May 30, 2013. Thirty prospective prospers downloaded the solicitation from The Public Group, which resulted in the receipt of the following five (5) proposals: • Pay-By-Phone Technologies, Inc. • Pango USA • Parkmobile USA Inc. • Passport Parking • QuickPay On August 7, 2013, the City Manager via Letter to Commission (LTC) No. 270-2013, appointed the following Evaluation Committee (the "Committee") for the purpose of evaluating the proposals received in accordance with the criteria established in the RFP: Ray Breslin, Collins Park Neighborhood Association President Rocio Alba, Miami Beach Parking Department Carlos Estrada, Miami-Dade County Violations Bureau Jacqueline Hertz, City of Miami Beach VCA Melissa Mokha, Neighborhood Leadership Academy Graduate Madeleine Romanello, Transportation and Parking Committee Alberto Ruiz, Miami Beach Information Technology Department The Manager also appointed the following alternates: Nannette Rodriguez, Miami Beach Public Information Office Wendy Kallergis, Greater Miami and Beaches Hotel Association The Committee convened on August 30, 2013 to evaluate the proposals received. 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. The Committee was also provided with a presentation from each proposer. The Committee was instructed to score and rank each proposer's qualifications and proposed scope of services and methodology pursuant to the evaluation criteria established in the RFP. An analysis of cost pursuant to the cost proposal information provided by each firm was presented by Recio Alba, committee member and Parking Assistant Director, in accordance with Table 1. It is important to note that the cost for pay by phone services (cost to user) is not a cost to the City; a transaction fee is paid by the user. Please refer to Exhibit A for detailed cost information. TABLE 1: USER TRANSACTION FEES VENDOR NAME COST TO USERS MAXIMUM PERCENTAGE OF TOTAL COST COST POINTS LOWEST COST • POINTS • Pango $ 530,640.24 30 0.27 8.21 Parkmobile $ 145,272.40 30 1.00 30.00 Passport $ 400,483.20 30 0.36 10.88 Pay By Phone $ 550,664.40 30 0.26 7.91 Quickpay $ 700,845.60 30 0.21 6.22 *(lowest cost proposal/ cost of proposal bemg evaluated x max1mum allowable pomts = awarded cost points) 336 Commission Memorandum-RFP # 177-2013 Pay By Phone Services September 11, 2013 Page 3 Additional points, over the aforementioned potential points for qualifications, scope of services, and methodology and approach 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. However, none of the proposers 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. However, none of the proposers were eligible for Veterans preference. The resulting final scores and ranking to be presented for the City Manager for his due diligence were as follows: PROFILE OF TOP-RANKED PROPOSER -PARKMOBILE USA INC. Parkmobile USA Inc ("Parkmobile") began doing business in the United States in 2008 and has deployed its solutions in more than 450 municipalities, universities, and transit system locations throughout the United States, Australia, and Europe over the past fourteen years. Parkmobile's services is currently live in a number of municipalities in Florida, including Wilton Manors, Hollywood, St. Petersburg, St. Pete Beach, Tampa, Lake Worth, and West Palm Beach. Furthermore, Parkmobile has a large number of privately-owned locations it services in other Florida cities, spanning Orlando, Jacksonville, St. Augustine, and Fort Lauderdale. Parkmobile offers users fast and easy on-street account set up options. Customers can register via internet; download a mobile app; utillze the mobile browser enrollment application; or call the 800 number and register via the IVR platform. Parkmobile is capable of supporting both license plate and stall number (pay by space) environments. Parkmobile provides customers with a number of messaging options including a 15 minute reminder text message. Customer can select the types of messages (transaction start, reminder and transaction end) and method of delivery (email, text, or push). Parkmobile currently has a 24/7 helpdesk and call center. First level and escalation support are handled at the internal support located in Atlanta, GA. 337 -----__________________________ ___. Commission Memorandum-RFP # 177-2013 Pay By Phone Services September 11, 2013 Page4 MANAGER'S DUE DILIGENCE AND RECOMMENDATION After receiving the recommendation of the Evaluation Committee and City staff, the City Manager exercised his due diligence and is recommending that the Mayor and the City Commission authorize the administration to enter into negotiations with the top-ranked proposers, ParkMobile USA Inc.; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Pay By Phone Technologies, Inc.; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposers, Pango USA & Passport Parking; and further authorizing the mayor and city clerk to execute an agreement upon conclusion of successful negotiations by the Administration. 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. 177-2013ME for Pay-By-Phone Services to enter into negotiations with the top-ranked proposers, ParkMobile USA Inc.; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Pay By Phone Technologies, Inc.; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposers, Pango USA & Passport Parking; and further authorizing the mayor and city clerk to execute an agreement upon conclusion of successful negotiations by the Administration. T:\AGENDA\2013\September 11\Procurement\RFP-177-2013 ME Pay By Phone Services-Memo Final.doc 338 RESIDENT Regular user Frequent user NON-RESIDENT Regular user Frequent user TOTAL# of TXNS PARKMOBILE EXHIBIT A City of Miami Beach RFP 177-2013 Parking Pay By Phone System txns/wk 3 5 3 5 #of users 3,739 3,739 7,478 1,075 1,075 2,149 9,627 Residents no fee; 0.35 w/out wallet; 0.30 w/wallet Assumptions: 50% of users with wallet and 50% w/out wallet Total #Txns 583,284 972,140 1,555,424 167,622 279,370 446,992 2,002,416 Resident 1,555,424 $0.00 $0.00 50% Non-Residents 223,496 $0.30 $67,048.80 50% Non-Residents 223,496 $0.35 $78,223.60 ___ ..:...;_.;..:_ __ 2,002,416 $145,272.40 PASSPORT All users $0.20 All transactions 2,002,416 PANGO Regular users $0.29; Pre-paid frequent users $0.24 Assumption: 50% Regular and 50% Pre-paid 50% transactions 1,001,208 50% transactions 1,001,208 __ .....:.....___;. __ 2,002,416 PAY BY PHONE $0.20 $400,483.20 $0.29 $290,350.32 $0.24 __ ......:$~2....:..40.:....:.,2_8_9_.9_2 $530,640.24 Option 2-fees added to price of pkg-$0.35 w/txt msg; 0.20 w/out Assumptions: 50% of users with text and 50% w/outwant text 50% transactions 1,001,208 $0.35 $350,422.80 50% transactions 1,001,208 $0.20 $200,241.60 __ ___:.._....:..._ __ 2,002,416 $550,664.40 QUICKPAY All users $0.35 All transactions 2,002,416 $0.35 $700,845.60 339 RESOLUTION TO BE SUBMITTED 340 THIS PAGE INTENTIONALLY LEFT BLANK 341 COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the City of Miami Beach, Florida authorizing the City Manager or his designee, and City Clerk to execute the Coalition Involvement Agreement with the Miami Beach Police Department personnel, when available, to attend the Miami Beach Coalition meetings and training seminars, and to participate in strategic planning relative to juvenile drug prevention, pursuant to the Drug Free Communities Support Program Grant for the prevention of drug and alcohol abuse in the Ci of Miami Beach. Ke Intended Outcome Su orted: Maintain crime rates at or below national trends. Supporting Data (Surveys, Environmental Scan, etc.): Participating in the Miami Beach oalition should facilitate the capability of the Miami Beach Police Department to reduce juvenile rug and alcohol abuse which historically has led to crime in the City of Miami Beach. Item Summa /Recommendation: The Miami Beach Police Department is committed to preventing juvenile drug and alcohol abuse and as such, participates in efforts to stop this abuse. In keeping with this commitment, the Miami Beach Police Department will work with various law enforcement agencies and advocate groups, such as the Miami Beach Coalition. The Miami Beach Coalition is an advocate for underage drinking and substance abuse prevention and works closely with various police agencies. In furtherance of the commitment to underage drinking and drug abuse prevention, the Miami Beach Coalition is applying for a Drug Free Communities Support Program Grant. This grant provides funds to prevent drug and alcohol abuse through public information and education programs directed to at risk youth. As part of this grant, there is a requirement that local police agencies sign a Coalition Involvement Agreement to attend Miami Beach Coalition meetings and training seminars, and to participate in strategic planning relative to juvenile drug prevention. It is in the best interest of the City of Miami Beach and the Miami Beach Police Department to support and participate in this worthwhile endeavor. Advisory Board Recommendation: I NA Financial Information: Source of Amount Funds: 1 D 2 3 OBPI Total Financial Impact Summary: NA Clerk's Office l Michael Gruen, Mana r Plannin and Research Section Si n·Offs: Department Director Assistant City Manager Raymond A Martinez, Chief Miami B P ·c MIAMI BEACH 342 Account AGENDA ITEM _C~7_L __ DATE 9-/ f-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 ers of thtmission FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AN CITY COMMISSION OF THE CITY OF MAIMI BEACH, FLORIDA AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, AND CITY CLERK TO EXECUTE THE COALITION INVOLVEMENT AGREEMENT, WHICH AUTHORIZES THE MIAMI BEACH POLICE DEPARTMENT PERSONNEL, WHEN AVAILABLE, TO AnEND THE MIAMI BEACH COALITION MEETINGS AND TRAINING SEMINARS, AND TO PARTICIPATE IN STRATEGIC PLANNING RELATIVE TO JUVENILE DRUG PREVENTION, PURSUANT TO THE DRUG FREE COMMUNITIES SUPPORT PROGRAM GRANT FOR THE PREVENTION OF DRUG AND ALCOHOL ABUSE IN THE CITY OF MIAMI BEACH. ADMINISTRATION Adopt the Resolution. ANALYSIS The Miami Beach Police Department is committed to preventing juvenile drug and alcohol abuse, and as such, participates in efforts to stop this abuse. In keeping with this commitment, the Miami Beach Police Department will work with various law enforcement agencies and advocate groups, such as the Miami Beach Coalition. The Miami Beach Coalition is an advocate for underage drinking and substance abuse prevention and works closely with various police agencies. In furtherance of the commitment to underage drinking and drug abuse prevention, the Miami Beach Coalition is applying for a Drug Free Communities Support Grant Program. This grant provides funds to prevent drug and alcohol abuse through public information and educational programs directed to at risk youth. As part of this grant, there is a requirement that local police agencies sign a Coalition Involvement Agreement to attend Miami Beach Coalition meetings and training seminars, and to participate in strategic planning relative to juvenile drug prevention. It is in the best interest of the City of Miami Beach and the Miami Beach Police Department to support and participate in this worthwhile endeavor. Jk.ll\.. m!:r JLM/tv\IVIlfv~/MG 343 -----------··-·--·--·· RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH~ FLORIDA AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE~ AND CITY CLERK TO EXECUTE THE COALITION INVOLVEMENT AGREEMENT WITH THE MIAMI BEACH COALITION, WHICH AUTHORIZES THE MIAMI BEACH POLICE DEPARTMENT PERSONNEL, WHEN AVAILABLE, TO ATTEND THE MIAMI BEACH COALITION MEETINGS AND TRAINING SEMINARS, AND TO PARTICIPATE IN STRATEGIC PLANNING RELATIVE TO JUVENILE DRUG PREVENTION, PURSUANT TO THE DRUG FREE COMMUNITIES SUPPORT PROGRAM GRANT FOR THE PREVENTION OF DRUG AND ALCOHOL ABUSE IN THE CITY OF MIAMI BEACH. WHEREAS, the Miami Beach Coalition advocates the prevention of underage drinking and substance abuse in the City of Miami Beach by sponsoring and promoting Miami Beach Coalition trainings, seminars and City-wide events and programs, and WHEREAS, the Miami Beach Coalition has applied for the Drug Free Communities Support Program ("CSAP") Grant, which will allow a funding source in order to establish underage drinking and substance abuse prevention practices in the City of Miami Beach, and WHEREAS, the CSAP Grant seeks a collaborative relationship between the City of Miami Beach, by and through the Miami Beach Police Department, and the Miami Beach Coalition as it pertains to the participate of the Miami Beach Police Department in the prevention of underage drinking and substance abuse in the City of Miami Beach, and WHEREAS, the Miami Beach Police Department is in support of the Miami Beach Coalition's trainings, seminars and City-wide events and programs dedicated to the prevention of alcohol and drug abuse by minors in the City of Miami Beach, and recommends the City of Miami Beach execute the Coalition Involvement Agreement, and WHEREAS, the Coalition Involvement Agreement authorizes the Miami Beach Pollee Department and its personnel, when available, to attend the Miami Beach Coalition meetings and training seminars, and participate in strategic planning relative to juvenile alcohol and drug prevention, and WHEREAS, the City of Miami Beach and the Miami Beach Police Department recognizes that the prevention of alcohol and drug abuse by minors is essential in the Miami Beach community. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City Manager or his designee, and City Clerk to execute the Coalition Involvement Agreement with the Miami Beach Coalition, which authorizes the Miami Beach Police Department Personnel, when available, to attend the 344 Miami Beach Coalition meetings and training seminars, and to participate in strategic planning relative to juvenile drug prevention, pursuant to the Drug Free Communities Support Program Grant for the prevention of drug and alcohol abuse in the City of Miami Beach. PASSED and ADOPTED this ___ day of September, 2013. ATTEST: MAYOR MATTI HERRERA BOWER RALPH E. GRANADO, CITY CLERK 345 ---------------------~----------- COMMISSION ITEM SUMMARY Condensed Title: Resolution of the Mayor and City Commission of the City of Miami Beach, Florida authorizing the Mayor and the City Clerk to execute an Inter-local Agreement between the City of Miami Beach and Miami Dade County, Florida, permitting Miami Beach Police Officers to enforce provisions of the Miami Dade County Code, specifically regarding vehicles "For Hire" vehicles. Key Intended Outcome Supported: Increase visibility of police Supporting Data (Surveys, Environmental Scan, etc.): The 2012 City of Miami Beach ~ommunity survey determined that increasing police visibility in neighborhoods was the second most popular method for improving public safety, as 47% of residents chose this option. By ~ntering into an inter-local agreement with Miami-Dade County to enforce for hire transportation ~iolations will increase the visibility of MBPD Police Officers. Item Summary/Recommendation: Miami Beach Police Department Officers encounter many situations where taxi cab and limousine drivers or what is referred to as for hire transportation drivers commit violations of Miami Dade County Code ace. To enforce these regulations requires authorization from Miami Dade County via an Inter- Local Agreement. Under the provisions of the Miami-Dade County Code, Section 8CC, officials and inspectors of municipalities may participate in enforcing the civil violations of the Miami-Dade County Code. In order to participate, the City must enter into an Inter-local Agreement with Miami-Dade County. The provisions of Miami-Dade County Code ace, provide the regulations that govern vehicles used "For-Hire". These regulations include advertising or permitting operations without a valid, current for- hire license, permitting or authorizing any chauffeur or other person to operate any for-hire vehicle without the vehicle's current valid operating permit displayed, and allowing or permitting any person to operate a for-hire vehicle without current, valid and sufficient insurance coverage. The lnterlocal Agreement will become effective when signed and will be in effect for a period of one year. The Agreement will be automatically renewed for two successive periods of one year each. Either party may terminate the agreement within 60 days of the renewal date. Advisory Board Recommendation: I NA Financial Information: Source of Amount Funds: 1 D 2 3 OBPI Total Financial Impact Summary: NA artment Si n-Offs: Department Director Assistant City Manager Raymond A. Martinez, Chief Miami Be · De . MIAMI BEACH 346 Account AGENDA ITEM _C_· ......:7_/'1---'--- DATE _9._--.:....1./ {__,_.-/.-.~- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and FROM Jimmy L. Morales, City Manag DATE: September 11, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN INTER-LOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI- DADE COUNTY, FLORIDA, PERMITTING MIAMI BEACH POLICE OFFICERS TO ENFORCE PROVISIONS OF THE MIAMI-DADE COUNTY CODE, SPECIFICALLY REGARDING VEHICLES FOR HIRE REGULATIONS. BACKGROUND Miami Beach Police Department Officers encounter many situations where taxi cab and limousine drivers or what is referred to as for hire transportation drivers commit violations of Miami Dade County Code 8CC. To enforce these regulations requires authorization from Miami Dade County via an Inter-Local Agreement. Under the provisions of the Miami-Dade County Code, Section BCC, officials and inspectors of municipalities may participate in enforcing the civil violations of the Miami-Dade County Code. In order to participate, the City must enter into an Inter-local Agreement with Miami-Dade County. The provisions of Miami-Dade County Code 8CC, provide the regulations that govern vehicles used "For-Hire". These regulations include advertising or permitting operations without a valid, current for-hire license, permitting or authorizing any chauffeur or other person to operate any for- hire vehicle without the vehicle's current valid operating permit displayed, and allowing or permitting any person to operate a for-hire vehicle without current, valid and sufficient insurance coverage. The lnterlocal Agreement will become effective when signed and will be in effect for a period of one year. The Agreement will be automatically renewed for two successive periods of one year each. Either party may terminate the agreement within 60 days of the renewal date. CONCLUSION This lnterlocal Agreement will permit Miami Beach Police Officers to enforce the County ordinan es regarding For-Hire vehicles. This will also provide the City with revenues from the fine co cted by the enforcement efforts. 1111 347 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN INTER- LOCAL AGREEMENT BETWEEN THE CITY AND MIAMI-DADE COUNTY, FLORIDA, PERMITTING MIAMI BEACH POLICE OFFICERS TO ENFORCE PROVISIONS OF THE MIAMI-DADE COUNTY CODE, SPECIFICALLY REGARDING VEHICLES FOR HIRE REGULATIONS. WHEREAS, the Code of Miami-Dade County, Florida permits the officials and Inspectors of municipalities to participate in the enforcement of violations of the County Code; and WHEREAS, In order to participate in this enforcement, the City and the County must enter into an Inter-local Agreement; and WHEREAS, the Miami Beach Pollee Department has agreed to assume the responsibility for the enforcement of the County Code regulations regarding for-hire vehicles in the City of Miami Beach; and WHEREAS, Miami-Dade County has agreed to enter into an Inter-local Agreement with the City for this purpose; and WHEREAS, the Inter-local Agreement will become effective the day It Is executed and will be for a term of one year, with an option to renew for two additional years, and NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein authorize the Mayor and City Clerk to execute an Inter-local Agreement between the City and Miami-Dade County, Florida, permitting Miami Beach Police Officers to enforce provisions of the Miami-Dade County Code, regarding vehicles for hire regulations. PASSED and ADOPTED this ____ day of September, 2013. ATTEST: MAYOR MATTI HERRERA BOWER RALPH E. GRANADO, CITY CLERK / ~~--L~~~~~~~~ 348 INTERLOCAL AGREEMENT This lnterlocal Agreement is entered into this day of 2013 by and between Miami-Dade County, a political subdivision of the State of Florida (hereinafter referred to as the "County"), and City of Miami Beach, a municipality within Miami-Dade County, Florida (hereinafter referred to as the "City"); WITNESSETH WHEREAS, by Ordinance Number 94-38, Miami-Dade County extended to all municipalities within Miami-Dade County recourse to the civil violation enforcement process contained within Section BCC of the Code of Miami-Dade County, Florida; and WHEREAS, that ordinance requires as a condition precedent to allowing such access that the City and the County enter into a mutually satisfactory interlocal agreement outlining, among other th1ngs, their relative rights and responsibilities in connection with such enforcement and related hearing process; and WHEREAS, the City and the County wish to participate in this process subject to the terms and conditions of this lnterlocal Agreement more particularly set forth below; NOW THEREFORE the parties hereto agree as follows: 1 349 I. CITY AND COUNTY RESPONSIBILITIES 1. The City shall enforce the applicable provisions of the Code of Miami-Dade County set forth in Exhibit A by operation of this lnterlocal Agreement. 2. Attached hereto as Exhibit 8 is a true and correct list of all individuals authorized to perform the enforcement functions contemplated by this Agreement (hereinafter referred to as the "Police Officer"). The title and job description for each such individual is also set forth in Exhibit B. The City shall be responsible for maintaining Exhibit 8 current at all times by communicating to the County any and all updates, additions and subtractions from each list. The City represents and warrants to the County that the individuals described in Exhibit 8 are, where required, properly licensed and qualified to perform the enforcement services contemplated hereunder, and that they are to perform these services. The County reserves the right to set minimum education, training, and background check requirements to be met by Police Officer. 3. The City, through its Police Officers, shall be authorized and required to perform within the City any and all functions of the Police Officer set forth in Section 8CC of the Code of Miami-Dade County, a copy of which is attached hereto as Exhibit C and incorporated herein by this reference, as the same may be amended from time to time, including but not limited to issuing civit violation notices, serving, posting and othervvise notifying the alleged violator, and appearing and testifying at any and all administrative and other hearings related to an appeal of the violation. 2 350 -· ---------------------------, 4. The City shall maintain any and all records of violation and notice, and all required documentation required to uphold the findings of the Police Officer, including but not limited to reports, photographs, and other substantial competent evidence to be utilized at any administrative or other hearing challenging the actions of the Police Officers. Such records and other documentation sha[[ be compiled and maintained so that such records may be quickly referred to in connection with any such hearing. 5. The City shall provide such clerical and administrative personnel as may be required for the performance of any of the functions of the City as set forth in this lnterlocal Agreement. 6. The City shall defend its own citations in any and all administrative hearings relating to those citations, and in any and all actions in court relating to such citations, including all appeals of administrative hearings, and shall provide its own counsel, at City's cost, to represent the-City in a!! proceedings. The City shall be responsible for paying for any and all costs of transcription which it incurs, in connection with any and all such hearings. 7. The County shall provide hearing officers, hearing rooms, and such other clerical and administrative personnel as may be reasonably required by each hearing officer for the proper performance of his or her duties. 8. Attached hereto as Exhibit D is Administrative Order 2-5 of Metropolitan Dade County (the "Order"). The City agrees to be bound to the full extent as required of a Department in the Order, except it shall only be authorized to enforce those provisions of the Code set forth in Section 1 of this lnterlocal Agreement. The reference to the 3 351 County Attorney contained in Section 6 of the Department's Responsibilities shall be understood to refer to the City Attorney for purposes of this lnterlocal Agreement. 9. After deduction of actual administrative costs and expenses, as defined in the Order, the County Clerk, with the concurrence of the County Budget Director, shall annually return to the City, the remainders of retained original fines, in the same fashion as these fines are returned to a non-general fund issuing department of the County. 10. The County shall be entitled to audit any and all records of the City maintained in connection with this lnterlocal Agreement. 11. Either party may terminate this Agreement in the event that the other party commits a material breach. 12. This lnterlocal Agreement shall be in effect for a period of one year following its date of execution and shall be automatically renewed for two successive periods of one year each, unless 60 days prior to its term, or extended term, either party signifies to the other its intent not to renew this agreement. This agreement shall not be extended beyond the term of three years. 13. Subject to the limitations contained in Section 768.28 of the Florida Statutes, the City shall indemnify and save the County harmless from and against any and all liability, actions and causes of action relating to the municipality's enforcement of the provisions of Chapter 8CC. 14. This agreement may only be amended in writing, through a document executed by duly authorized representatives of the signatories to this agreement. 4 352 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their names by their duly authorized officers and the corporate seals the day and year first above written. APPROVED AS TO FORM AND LEGAL SUFFICIENCY Assistant County Attorney APPROVEDASTOFORM AND LEGAL S fFICIENCY: 5 353 MIAMI-DADE COUNTY, a political subdivision of the State of Florida By:---------- Carlos A. Gimenez County Mayor ATIEST: Harvey Ruvin, Clerk By: _______________ __ As Deputy Clerk City of Miami Beach, a political subdivision of the State of Florida By:--~----------­ Jimmy Morales City Manager ATIEST: Rafael E. Granado City Clerk COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and authorizing the Chief of Police to execute a memorandum of understanding for the purpose of conductinQ joint multi-jurisdictional investigations. Key Intended Outcome Supported: Maintain crime rates at or below national trends Supporting Data (Surveys, Environmental Scan, etc.}: Participating in Miami Dade Police bepartment's Robbery Intervention Detail conducting joint multi-jurisdictional investigations ~nables the City of Miami Beach the ability to have access to resources beyond the capability of he MBPD. In essence, this is a force multiplier relative to the apprehension of subjects who ~ommit robberies and other violent crimes on navigational waters of Miami Beach. Item Summary/Recommendation: The Miami Dade Police Department is the lead agency in a joint multi-jurisdictional investigative effort to curb the violent crime specifically robberies. This multi-jurisdictional effort is comprised of several local police agencies. These agency personnel have been effective in investigating and apprehending persons involved in robberies. In calendar year 2012, there were 407 robberies reported in the City of Miami Beach, and 370 in 2011 an increase of 10%. As a result of these robberies occurring in the City of Miami Beach, there is a need to participate in this joint multi-jurisdictional effort. Since persons who commit robberies travel at will, from one local jurisdiction to another; a group of dedicated law enforcement personnel preventing and investigating violent crimes specifically the crime of robbery is an effective crime fighting tool. Therefore, it is advantageous for the residents of the City of Miami Beach, and the Miami Beach Police Department to participate in this effort. To participate in this joint multi-jurisdictional effort it is recommended that the Miami Beach Police Department execute the Memorandum of Understanding with the Miami Dade Police Department. Advisory Board Recommendation: Financial Information· Source of Amount Funds: 1 D 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislatlve "Hac,J(jng: Michael Gru~_,~<"'-Vc/L--- Planning and Research Sec · Si n-Offs: Department Director Assistant City Manager Raymond A. Martinez, Chief Mi r MIAMI BEACH 354 Account AGENDA ITEM C 7;./ DATE 9--//~/, MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING FOR THE PURPOSE OF CONDUCTING JOINT MULTI-JURISDICTIONAL INVESTIGATIONS PURSUANT TO A MUTUAL AID AGREEMENT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The Miami Dade Police Department is the lead agency in a joint multi-jurisdictional investigative effort to curb the violent crime specifically robberies. This multi- jurisdictional effort is comprised of several local police agencies. These agency personnel have been effective in investigating and apprehending persons involved in robberies. In calendar year 2012 there were 407 robberies reported in the City of Miami Beach, and 370 in 2011 an increase of 10%. As a result of these robberies occurring in the City of Miami Beach, there is a need to participate in this joint multi-jurisdictional effort. Since persons who commit robberies travel at will from one local jurisdiction to another; a group of dedicated law enforcement personnel to preventing and investigating violent crimes specifically the crime of robbery is an effective crime fighting tool. Therefore, it is advantageous for the residents of the City of Miami Beach, and the Miami Beach Police Department to participate in this effort. To participate in this joint multi-jurisdictional effort it is recommended that the Miami Beach Police Department execute the Memorandum of Understanding with the Miami Dade Police Department. JLM/~~~~~ 355 -------------------------------- RESOLUTION NO. _______ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING FOR THE PURPOSE OF CONDUCTING JOINT MULTI-JURISDICTIONAL INVESTIGATIONS PURSUANT TO A MUTUAL AID AGREEMENT. WHEREAS, it is the responsibility of the City of Miami Beach government to ensure the public safety of its residents by providing a proactive response to violent crimes, including the crime of robbery; and WHEREAS, in the calendar year 2012 there were 407 robberies reported in the City of Miami Beach, and in 2011 370 robberies were reported, an increase of 10% from 2011; and WHEREAS, persons who commit robberies travel at will from one local jurisdiction to another, and a group of law enforcement professionals from participating police agencies dedicated to preventing and investigating the violent crimes specifically the crime of robbery is an effective proactive crime fighting tool; and WHEREAS, City of Miami Beach residents will benefit greatly from the Miami Beach Police Department's participation in a joint multi-jurisdictional investigative effort led by the Miami Dade Police Department, which has the capability to deploy a greater number of law enforcement personnel and support to the City of Miami Beach; and WHEREAS, the additional resources of this joint multi-jurisdictional investigative effort should facilitate in preventing robberies and other violent crimes committed in the City of Miami Beach; 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 and authorize the Chief of Police to execute a Memorandum of Understanding for the purpose of conducting joint multi-jurisdictional investigations pursuant to a Mutual Aid Agreement. PASSED and ADOPTED this ___ day of September, 2013. ATTEST BY: MAYOR MATTI HERRERA BOWER RALPH E. GRANADO, CITY CLERK 356 THIS PAGE INTENTIONALLY LEFT BLANK 357 COMMISSION ITEM SUMMARY Condensed Title: 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 Perpetual Easement Agreement With The Florida Department Of Transportation For A Proposed Stormwater Outfall On lnd ian Creek Drive (SR A 1 A). Key Intended Outcome Supported: Maintain the City's infrastructure A recent survey indicated that 44% of residents and 45% of businesses rated storm drainage as excellent or good. Item Summa /Recommendation: A storm water outfall form Indian Creek Drive just north of 26th St. is not operational. The Florida Department of Transportation (FOOT) plans on replacing the outfall pipe and requires a perpetual easement for construction and maintenance. ANALYSIS The FOOT is seeking to improve the stormwater system along Indian Creek Drive. They have identified the need for an outfall and in order to obtain access to the waterway, FOOT is requesting a perpetual easement to install and maintain a storm water outfall pipe, located on the west side of Indian Creek Drive and north of 26th Street. The proposed FOOT stormwater outfall pipe and drainage improvements will require execution of a Perpetual Easement Agreement. The Perpetual Easement Agreement will allow FOOT to construct and maintain the stormwater and seawall improvements on Indian Creek Drive, north of 26111 St., in a parcel 217.2 square feet in area. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: This is a future FOOT Project (FY 14/15) City Clerk's Office Legislative Tracking: Douglas Seaman, Acting City Engineer, x. 6565 Si n-Offs: Department Director ETC MT T:\AGENDA\2013\September 11\Perpetual Easement MIAMI BEACH Ci JLM eek Dr. North of 26th St. Summary.doc 358 AGENDA ITEM _C-=--7_0 __ DATE f.,(/-/3 lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochll.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M mbers oft;;;;:_mmission FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APP OVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PERPETUAL EASEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PROPOSED STORMWATER OUTFALL ON INDIAN CREEK DRIVE (SR A1A). ADMINISTRATION RECOMMENDATION The Administration recommends approving the Resolution. BACKGROUND A storm water outfall from Indian Creek Drive just north of 26th Street is not operational. The Florida Department of Transportation (FOOT) plans on replacing the outfall pipe and requires a perpetual easement for construction and maintenance. ANALYSIS The FOOT is seeking to improve the stormwater system along Indian Creek Drive. They have identified the need for an outfall and in order to obtain access to the waterway, FOOT is requesting a perpetual easement to install and maintain a storm water outfall pipe, located on the west side of Indian Creek Drive and north of 26th Street. The proposed FOOT stormwater outfall pipe and drainage improvements will require execution of a Perpetual Easement Agreement. The Perpetual Easement Agreement will allow FOOT to construct and maintain the stormwater and seawall improvements on Indian Creek Drive, north of 261h St., in a parcel 217.2 square feet in area . . 359 500 Alton Road Alley-Memo September 11, 2013 Page 2 of2 CONCLUSION The Administration recommends approving the Resolution. Attachments: A. FOOT Supporting Documents B. Parcel 800 Perpetual Easement Agreement ~~JJF/DS T:\AGENDA\2013\September 11 \Perpetual Easement Agreement for Indian Creek Road outfall 360 Attachment A Florida Department of Transportation RJCKSCOTT GOVERNOR Fred Beckman, P.E. The City Of Miami Beach Public Works Department 1700 Convention Center Drive Miami, Beach, Florida 33139 ITEM/SEGMENT NO.: MANAGING DISTRICT: F.A.P. NO.: STATE ROAD NO.: COUNTY: PARCEL NO(s).: Dear Mr. Beckman: 4258653 SIX N/A 1000 NW lll Avenue Miami, Florida 33172-5800 June 28, 2013 SR-AlA (Indian Creek Drive) Miami-Dade 800 ANATH PRASAD, P.E. SECRETARY The Florida Department of Transportation, District VI, is proposing a project on SR A 1 A I Indian Creek Drive north of 26th Street. This segment consists mainly of residential use and the purpose of the project is to upgrade storm water drainage systems. The Department has the need to obtain a donation from City of Miami Beach; pursuant to Section 337.29, of the Florida Statues and the Florida Department of Transportation Right of Way Procedures for acquiring rights of way from other governmental agencies. Parcel 800: Easement is being requested for the unplugging of an existing outfall pipe, repairs to a concrete sea wall, and future maintenance ofthese items. The parcel contains 217.2 square feet, more or less. W\'¥"~>' .dot. state. fl. us 361 Page 2 Therefore, we have attached the following documents for your review and to begin the process to allow this item through appropriate meetings for approvals: 1. Legal Description and Parcel Sketches showing location and size of parcels 2. Proposed Perpetual Easements and Resolution Instruments prepared by the Department 3. Right of Way Acquisition Brochure and Donation Form 4. Photos of sea wall and out fall pipe. 5. Pertinent Contract Plan Sheet We look forward to working together for the fulfillment of our Public Service mission. Tf you have any questions, and/or need additional information please contact me at 305-470-5 I 57. Si;J;;- Steven C. Imas Right of Way Agent Enclosures Cc: Javier Bustamante, Alejandro Casals, Diego Rivadeneira, Richard Lineberger, Richard Saltrick, Jose Gonzalez, www.dot.state.fl.us 362 w I 0') CJ1 tJJOT~ Ct.WifctT .tEW PIP[ m n.l$r. llll.£r s:r~rwtt sr ... .JI+«!.ts .f19.ZS tr., .CCWST. 11/J IF OF ~ .. ~ PIP! BEGIII c;oNSTRIJCT JON BEGIIi 11/LLIIIG & /IEgJRFJCIIIG IIATCII EX/ST. { CO/fST AND @ 51JfNET S/1 AJA STA iU<~oJIJI ft~@SJ.JRVFfSRA.rl!. 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OliJST. 10 lF (:£ 15"~Pifl£ BEGIN 00/ISTRtJCTIVN 8£6111 IIIJ.LI/16 & PE:SUIIF IK:IIIG IIAITH EXIST. { 00/IST 2fjTH STF!££T STA Z9+45.:U 'IN 'SPECIAL rD C1IRB & WTTER: OOJINECT TO Jt£W ClJR8 &-GI.J17£R +JlJJXJ ~ [:::~:~~·~"1:.2] Sll'.O.ll..t ttf:I>J..Ar:fiJENt ~ ... c·-· __ t.-. I ~-' II') il ~ ~ OJil8 MfJ GUTTY rTYl'f FJfl!PUI:EIIEJJT <E!) .AJ.PHA..JII.JMEii£. J/JEN'fiF.CATUf OF' tJ/WNJGE STfU:TUR!:. IU!VI$!0N$ ·Ar, "' J ~ l 'f ,. 'i (j_fJ) .AJ.fflA-Ifl!4l!JU; IDCN'I'IFCATKJIN OF T~NCH {;N.}II. 5£, SPC.CW. DfTIJl.S FOR AIXJITIOiiAL »>FFfUUJt..T/I'JN, A 95501tW,~S.-. ·So.Ae101 _,...,.. ~~~F·~~n~~~~t===~~~==~~~~~~~~ III'Wfl'.~.m-EB#~2 J-~FUt.P'E. DRAJ!NAGE PLAN SHEET 110. 3 -F .E. I.Dne No. SZ~i-t. 3t~l8Jij Jl5i31,... ~roPril~t.iffii421'00n.Diii~-(MflM Uj SI"\~IIJllafJSX/1\i.o~f'fl'"'r'dol ~,.. ----------------------------, 575-C30-12 RIGHT OF WAY 06/W RICK SCOTT GOVERNOR_ Florida Department of Transportation 1000 NW Ill Avenue . Miami, FL 33172 ANANTH PRASAD, P .E. SECRETARY _Donation of Property to the Florida Department of Transportation Fred Beckman, P.E. The City Of Miami Beach Public Works Department 1700 Convention Center Drive Miami, Beach, Florida 33139 ITEM/SEGMENT NO.: 4258653 MANAGING DISTRICT: ....;,;S=IX=:..;:;,_--------- F.A.P. NO.: N/A ~~----------------------STATE ROAD NO.: SR-A1A (Indian Creek Drive) COUNTY: MIAMI-DADE ~~~~~----------------PARCEL NO.: .:;;80:;..;::0;....._ _________ _ INTEREST CONVEYED: PERPETUAL EASEMENT This Is toacMse_that the undersigned, as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project, desires to make a voluntary donation of said property or property Interest to the State of Florida for the use and benefit ofthe Florida Department of Transportation. . The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his/her right to have the referenced property or property interest appraised, to accompany the appraiser during the appraisal inspection of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and casts incurred, if any. Having been fully informed of the above rights, I hereby waive those rights unless otherwise noted below. Owner's Signature Type or Print Property Owner's Name Street Address City,State, Zip Code Date www.dot.state.fl.us 366 07-P£.13 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq. District Six Chief Counsel State of Florida Department of Transportation 1 000 N. W. Ill th A venue Miami, Florida 33172 May 28,2013-NE Parcel No. : 800.1 Item/Segment No. : 425865-3 Managing District : 6 PERPETUAL EASEMENT Attachment B THIS EASEMENT Made the __ day of , 20 __ , by THE CITY OF MIAMI BEACH, a municipality of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORT A TTON, its successors and assigns, grantee. WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a perpetual easement for the purpose of repairing and maintaining a portion of the existing 15.00 feet outfall pipe, and to reconstruct the existing seawall within the easement limits in, over, under, upon and through the following described land in Miami-Dade County, Florida, viz: PARCEL800: F.P. No. 425865-3 A parcel of land being adjacent to the Lake (now known as Lake Pancoast), as shown on the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, according to the plat thereof, as recorded in Plat Book 5, Page 7 in the public records of Miami-Dade County, Florida, lying in the Southwest one-quarter (lf4) of Section 26 and/or the Southeast one-quarter (Y-1) if Section 27, Township 53 South, Range 42 East (Section Line could not be determined), and being more particularly described as follows: COMMENCE at the Southeast comer of Lot 1, Block 7 of said AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, said point being the intersection of the North right-of-way line of26'h Street with the West right-of-way line of State Road AlA (Collins Avenue), as shown on the Florida Department of Transportation Right of Way Map for said State Road AlA (Collins Avenue), Section 87060- MISC-2; thence N 70°01 '29" W, along said North right-of-way line of 26'h Street, 71.32 feet; thence, departing said North right-of-way line of 26th Street at right angles, S 19°58'31" W 51.08 feet to the intersection with the South right-of- way line of said 26'h Street, said point being the POINT OF BEGINNING of the following described parcel: Thence continueS 19°58'31" W 11.31 feet; thence N 60°45' 10" W 9.93 feet; thence N 66°54'46" W 4.97 feet; thence N 71 °42'42" W 5.24 feet; thence N 19°58'31" E 10.67 feet to the intersection with the aforesaid South right- of-way line of 26th Street; thence S 70°0 I '29" E, along said South right-of-way line, 6.93 feet to the beginning of a curve concave to the Southwest, having a radius of80.00 feet; thence southeasterly along the arc of said curve and said South right-of-way line 13.13 feet, through a central angle of09°24'08" to the POINT OF BEGINNING. Containing 217.2 Square Feet of land, more or less. DD/CG/05/13/2013 AS SHOWN ON EXHIBIT "A". ATTACHED HERETO AND TO BE MADE A PART HEREOF 1 of 5 367 TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever, together with immunity unto the said grantee, its successors and assigns from all claims for damage, if any, arising from or growing out of such construction and/or maintenance to the lands, if any, owned by the grantor, lying adjacent or contiguous to the lands hereinabove described and the grantor will defend the title to said lands against all persons claiming by, through or under said grantor. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: ------~~------------The City of Miami-Beach Its City Clerk By: --------~----------------~- Its Mayor Address STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this ___ day of 20 ___ , by -------------~---' Mayor, who is personally known to me or who has produced as identification. ----------------- (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any:------------- 2 of 5 368 EXHIBlT 1•A" LEGJI.I DES.CRrPTION -PARC::EL BOG: A par(e-1 of land being ildjaccnt tD thE:! Lake (now knowll 015 Lake Pancaas~}. as s:hown on the AME=:NDc:J t~AP OF THE OGFAN FRONT PROf'ERT"" Of TI-lE MfAt-11 FlF.O.f:H rtotPROVEr.tENT COMPANY, ac(ordinQ t~ t1e plat ttu:reof, as recorded in ::.rat 8<1ok S. l"ilqe 7 in the ~LJbll~ rQ..::<~rd~ ot ~'iami-Do:.de­ County, '"lo'd~. lying ill the SIJuthw~st onc-o.uart~r (%) tl1' :Section illi <Jnrl/m thi! SoulhE;'!;:t~!':t nn.,·qi,Jarter rl,i.) if $!;!!:'tii:!n 27, TDioHlStl Fl 53 S.ChJth, fhn~f!o 42 Eil:!>t (S.e<.:~iafl Lim~ c..:oultl n{lt 1:111! Clf!t"rrnin<:dj, i:H1U b!!in1:J 11ore pa:ticJiarly de:5o(:-ibed as follows: COMMENCE oF.Jt Lne Soulhe;n;,t r.ornElr of LDt 1, Slock 7 ol s.o:~ic AMC:NLJI:.ll MAP OF THE OCEAr'l "RONT P'ROPERTI 0~ THE MIAMI BEACH IMPROVEMENT COMPANY. Silld point beoing ~he-int~rsectiCln ai' Lh~ Ntulh rigr.t of way line of 26th Str-eet "'ith the West rig~t-of.way ine m 5t:jlte Roao AlA (C:cllins Avenue). as. shown on the Florida tlepartment cr' Tran:!iportat'on Right of Wr~y Mr~p mr '><=~.d S.ti'tf.' Ar;o<~od AlA (Collins Avenue), Se<:liun 87060-MlSC-2: then.;;e N 70"0l':Zg" W. ;oiOrl!J said North riylll-tll-w;;~y lne ot :1~~h Stre'"t, 71.32 feel: Lher1ce, dP.pc;.rt,n9 ."><~il:l N-orth righL-d-w<Jy line of :.;!l)th Strccl <ll ri~hl ilf1g1E:>s. s 19"53'31' w 51.{18 feet to t.•H:! Jnt~rsr;octiCJn wltr, the south rlght-of-wav line of <said 25th stn:Jo<!t, said !)uinl I.J.t!lr19 ~h~ PQ[NT OF BEGINNING of the following desc::ibecl parcel: Thenr.;'ii: wnlim,.1~ S l~"SIJ'3l" W 11.3.1 feet: Lho:n(;e N 60'"4)' 10' W 9.9<3 1eet; ther1t:e N 66"54'46' W 4.,97 iuel: lhrmt..:E:! N 71"42'42" W S.::.Z4 feel; Lhcru.:c N 19°58'31" E li} . .SJ feel to lhoc lnl~rsecti<Jn w~th the afor~s~id South rlg'lt-of-way line of 26th Str<:oc-t: r.hencE S 70"01':29'' !:. aiO'liJ said Souti-J right·Qf·w;:~y lim, &.93 feet to the beginr·ing 'Jf a curve concave to the SQo,Jthwest. h~ving a r;;~dious of 80.00 fl:'~t: th'"nr:S'! \outh'",;~t~rl~' ~lon~ t!l~ arr: r~f :<>i!id ~!HVP. r:~mi Sil id Suulh riyhl-ut'-w=:!y !ill!'! 13.13 feet, thriJU\Jh Cl centr~l angle-of 09,.24'08" lo .he POHIT OF BEGlN NING. . Containing 2:17.2 Square Feet or l.and. 'llorc or cs~. GENERAL \JOTES~ • TH[5 IS NO I A SLI11.\It::Y -Reprod>.~diors of thi"3 m01p are not lJillid wilhuul Lt:e !iign.:~tur.e ;;;nd original rr~i!iP.d !iEt~ol of the Florida Lic1msed 5urv!!yor :f.ll"'r1 f.lapp.er in rcsponslbJQ charge. The Bf!~rl~:":gs !IMWI"' hereon are rerere1ced tQ the Elaselint=: of Surve~ of State Roarl A:A (CCollins Avenue). rCI'II ng a bearing of N 20"'01) .31" E, ;~:. !ihQilom nn th~ Flo•id;:;. r:lepertment of Tr(lrlijp.;;JJt~ti;:m ~n;~j-ec~ Nl:'twork Control tor :ioilid SL~Le Ro.luJ AlA, c.:ompi~Led tJII 04125!2006 by PRS~J. fQr Pm1ed No. 4.]8089-l. -RiyhL-M·Wdy line~ snfli'Hl ~r~ per rh~ Florida [lt!partMent of TransportatiQn Right Cl1 Wor.y Ma!J rur 91>ld State Road AlA, S.cctlo-n B7D60-I.JIIS.C::-2. -The data u:sed in the c:~lculatron and pn.:pCJrulkJrl o~ tile le!Jilll de;;c:ri,ntion WilS p'O\Iided by the FDOT Pro ~ct hlal'!ager far Pro!('ct No. 425865-3. -AC'lmtlo"':'!. 'HndJor d~IP.tirm~ tn s,mrey maps, skt!tches or repor.s. by any part:; nthcr thiln thP. s.lgnlng par:y arll.l prohibit~d IIVil:,out thP. •uritt~n r.tmsE~nt ~ thel•;:.:;.t·~.\::,~• · .. ~ a.--¥ . ~: .; :·~:/ ·:. '':...:J .. ,·,. · .. ;, ·=()(" fL't ~~\~ ~ --:: "l, • • • •• •' ,. J T!ll::. aotl..lf"'ent con:;;l'>t:!' ot two (2) sheet's :JI'Id sh~ll rot br.-<:"n~ldcrC>d 'fl.lll, vo!i", end complil<:: '-'llh:~:; ~011-h ~l1c~:l i!i >~U;:d!cd to the :JthE!r. FLORIDA D!:PAA.TM~NT OF TMNS.PORTATION SICETCH TO ACCOMPAI'IIY LEGAL DESCRlPTION SThiE ·--... )~ ....... ~ ~-"' <.:•l:~t:'i.:::l ~L'JoAtl NO. AlA :.~· h•1F ll.:::ai:E ~S{LM~ .. r <1•'':-:v. ~"ll5rJ~ rn=r,...,.la 1!-"; •:c-r ~!1'1:1 : IL.-.lli ~:."'.!...._:. ~~~~~------------~~~r~r~~~r-~.r=R~~~~~~~--------; ~.C(;JIOJ\1 Fl71lli1 J ~~~~=~= r 1 or 2 ~,1'. N[.L 4:1:'l~f.i5·.l 3 of 5 369 PARCEL NO. OWNCR'S i'IAMC REMAINDER 800 an' OF MIAMI FIFAC:H UN[IETERfoJIINED EXHIBIT 11 A11 COMME::NIS .. ;:.':.· • "",'."',f? •. b 1.•' ""oe.:C,1.~ " .::. t{!.'C ?-(:p.-• AMENDED MAP OF THE OCt:AN FRONT PROPERTY OF THE -C MIAM'l BEACH IMPROVEMENT COMPANY ft - Ill 1~~58'31" E 10.6r 114+14.82 12 ~ .2S'(LT) N 11"4:2''12' W 5 •24 ' 114+14.97 ll&.O'i'(l T) N fifi"54'45" w~--~--+1 P.B . .5, PG. 7 25' L = 13.13' I I I I LOT 12 i= 1:1! Ow z7 :...: :::l y ..., -;:::; l< ··-lo...J.:I: 8::l'(P) LEGEND: ij: -easellne <i_ • Center Line 1i -C11rve Centr<! I ;.\n!)IC r:::.::;... P'e~n;el [dentifh;iltign '..::::::; Nu rn ber E.XlST, -.E;~;IstlnQ FDOT · Floricia Oep21r:me:nt of Transportation F.P. NO. -Firt<to1Cial fraoiet:t N1..1rnber L -Al"l:' Length {LTI -Lef~ 0.11..8. -Offir.ial RP.;:oros l!. -CI9"2-4'D3" I 4.97' J14+::.4.71 n l.O.S'I m HOOk rF>) r>e:r F>lat I>.B. • Plat Book P(., -Pttge N 60"45'10" W -------~------ LAKE 9 '93 ' 114+13. u 101 28'~LT" PANCOAST s 19,s.s·::H" ~~ LAKE (P) 11 •31 . ' I I i / lCJ.29 {LT) _.··'\ // , \ •, _,./ ,·"" / J ,-' ... -·· ' _,....-· " .......... ~1.{11}' s 19"58'31" w I I • ...-. --~'('....... L I::XlST. -'E·P::TUAL EASE MEN I . ...--· 't -o F:JOT .. ~ \ FOFI MAST ARM & CI.IARfl fi:AI' \ '"" PP.OJECT '110. 211!<r6S7-l '\,-..l 0 IU3. 190/9, I'C:i. 4/Jl \J' \' ll4 \ \ ., .'>tl ··t."":i )''"'"'>fJ Thio;; rlqr,tlr"lli'nt (on-.i-.t~ nf two p~ o;heets ;md ~h~ll ne-t bJ;~ r.on~ln'!'-rf\fl f:JII, "lli;tl!o, ~nd r.nmf)h;>t;:;o ur-I~"" ,..llr.h ~I-E'!r!t I~ i:lt:<'!ched ~c t~e otht.'r. N r a.. NN -Cl'"l IC:,...; .. ,... 0 ..... BLOCK 'T WT1 Pl -~ui nt or [nte-r5f' r: ion .R -R:~fllus RGE.-Range RJW-~ight-o-f-Wily SEC. -.'il!!(:ticm STA. -SLation nNP. Towns~ip I:LIJ'(I-') FXIST. Voi=.C:T RNI I ~NF b rn ~OF SURVEY STATE ROAD AlA (COLLJNS AVENUE) ---!i0--~9(). S~:nle: ;t" = 30' FL.QR.IllA DEPARTMENT OF TRANSPORTATION SKETCH TO ACCOMPANY LEGAL DESCRIPTION 1------1---+---ISTATE ROAD NO. AlA MJAM[-DADE COUNTY "' L~ t; I'"'.J:)o_,~:..:k': D.',-~. :cll.fi:::E tUII u;,o1t11: 1 ' lH ••• al.l .. l>":ttJ: .. :"'il11,1''t .. r.-Er.<D c (;.:.Jo.:'l'• '!~I:$,':Ji F.~. -~o. .;!25155-~ ~£CTJO'I ;:1Jt·G~ SHEET 2 OF 2 4 of 5 370 07-PE.14 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq. District Six Chief Counsel State of Florida Department ofTmnsportation 1000 N.W. 111 th Avenue Miami, Florida 33172 May 28,2013 • NE Parcel No. : 800.1 Item/Segment No. : 425865-3 Managing District : 6 RESOLUTION ON MOTION of Commissioner ------------' the following Resolution was adopted: seconded by Commissioner WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. A·l·A, Section No. 425865-3, in Miami-Dade County, Florida: and WHEREAS, it is necessary that an easement across certain lands now owned by The City of Miami Beach, Florida, be acquired by the State of Florida Department ofTransportation: and WHEREAS, said use is in the best interest of the City: and WHEREAS, the State ofFlorida Department ofTransportation has made application to said City to execute and deliver to the State ofF lorida Department ofTransportation a perpetual easement, or easements, in favor of the State of Florida Department of Transportation for the purpose of constructing and maintaining a ________ ,, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of The City ofMiami Beach, Florida, that the application of the State of Florida Department of Transportation for a perpetual easement, or easements, is for transportation purposes which are in the public or community interest and for public welfare; that a perpetual easement, or easements, in favor of the State of Florida Department ofTransportation in Miami-Dade, Florida, should be drawn and executed by this Board of City Commissioners. Consideration shall be $ ___ _ BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. STATE OF FLORIDA CITY OF MIAMI BEACH I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of City of Miami Beach, Florida, at a meeting held on the __ day of , 20 ATTEST: _______________ __ Clerk (or Deputy Clerk) ofthe Circuit Court (Affix County Seal) 5 of 5 371 The Board of City of Miami Beach, Florida, By its Board of City Commissioners By: ----------------------------- Its Chair (or Vice-Chair) (Address) RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PERPETUAL EASEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION WITH REGARD TO A 217.2 SQUARE FOOT PARCEL ON THE WEST SIDE OF INDIAN CREEK DRIVE AND NORTH OF 26TH STREET FOR A PROPOSED STORMWATER OUTFALL ON INDIAN CREEK DRIVE (SR A1A). WHEREAS, FOOT is seeking to improve the stormwater system including a drainage outfall along Indian Creek Drive; and WHEREAS, in order to obtain access to the waterway, a 217.2 square foot parcel easement is essential, located on the west side of Indian Creek Drive and north of 26th Street; and WHEREAS, as part of the outfall installation, FOOT is planning to perform repairs to a concrete seawall, and perform future maintenance of this item; and WHEREAS, the proposed FOOT new outfall stormwater pipe and drainage improvements will require execution of a Perpetual Easement Agreement in order to allow FOOT to construct and maintain the stormwater and seawall improvements on the west side of Indian Creek Drive and north of 261h Street. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute a Perpetual Easement Agreement with the Florida Department of Transportation with regard to a 217.2 square foot parcel on the west side of Indian Creek Drive and north of 26 1h Street for a proposed stormwater outfall on Indian Creek Drive (SR A1A). PASSED AND ADOPTED this 11 1h day of September, 2013. ATTEST: Matti Herrera Bower, Mayor Rafael Granado, City Clerk 372 THIS PAGE INTENTIONALLY LEFT BLANK 373 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee To Implement A Mass Transit Circulator Loop In North Beach And Work With Miami-Dade Transit To Implement A North-South Express Bus Service To Connect A North Beach Circulator To South Beach. Key Intended Outcome Supported: Enhance mobility throughout the City. Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community Satisfaction Survey, 49% of all respondents reported a willingness to use "local bus circulators" as an alternative to driving. Issue: I Shall the Mayor and City Commission approve the Resolution? Item Summary/Recommendation: At the Neighborhood/Community Affairs Committee (NCAC) meeting on July 29, 2013, City staff presented a preliminary route for a North Beach Circulator (Attachment) based on the Coastal Communities Transit Plan (CCTP) Study completed for Miami-Dade Transit (MDT) and the City of Miami Beach by the Center for Urban Transportation Research in 2007. As a result of the CCTP, MDT implemented Routes 115/117 (Mid-North Beach Connection) serving the North and Middle Beach communities. As part of its ongoing comprehensive bus service restructuring and cost savings initiative, MDT is considering eliminating numerous circulator and connection services throughout the County. Due to extended headways and span of service associated with MDT Routes 115/117 (from the City limit on the north to 17'h Street on the south) as well as minimal ridership on both routes, MDT is proposing to restructure Route 115 and eliminate Route 117. However, City staff believes that modifications can be made to this service to make it more effective and improve transit mobility in North Beach. City staff presented the proposed North Beach Circulator route to MDT and obtained positive feedback from MDT. The proposed route is approximately 5.5 miles long with a round trip time of 33 minutes. The proposed route would serve over one dozen origins/destinations in the North Beach community. In order to eliminate service duplication, City and MDT staff discussed the truncation of the proposed MDT Route 115 service in the vicinity of Collins Avenue and 69th Street. This location is one of the highest ridership locations for the existing Route 115/117. A transfer stop at Collins Avenue and 691h Street would connect the proposed North Beach Circulator and Route 115 to regional and limited-stop services along Collins Avenue. Over the past several weeks, City staff has been working closely with MDT to coordinate the proposed North Beach Circulator service to more effectively and effeciently meet the mobility needs of the North Beach community and expedite the implementation of the circulator service operated by MDT in partnership with the City. Significant progress has already been made in regards to route alignment, stops, and funding. At this time, MDT has begun drafting the required lnterlocal Agreement for municipal circulator service. The Administration will continue to work with MDT to develop a service plan and negotiate the terms of the lnterlocal Agreement. The lnterlocal Agreement would need to be approved by City Commission by January 2014 and subsequently by County Commission for implementation of the North Beach Circulator in June 2014 as part of MOT's bus service restructuring and cost savings initiative. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: This item was requested by Commissioner Libbin and discussed at the NCAC meeting on July 29, 2013 and at the FCWPC on August 22, 2013. At the NCAC meeting, the Committee recommended the Administration work with Miami-Dade Transit to establish a North Beach Circulator service and a North-South Express bus service to connect North Beach to South Beach. Both the NCAC and FCWPC stated a desire for headways of 10-15 minutes. Financial Information: Source of Amount Account Funds: 1 OBPI Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Jose R. Gonzalez, Transportation Manager, Ext. 6768 Sign-Offs: DepartmeiJ.t.DJirector I Assistant C!W]Manager I CityM nager ETC 11~ I KGB~ I JLM I!"' // lc1P AGENDA ITEM MIAMI BEACH 374 DATE f-/ /-/3 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me DATE: September 11,2013 SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO IMPLEMENT A MASS TRANSIT CIRCULATOR LOOP IN NORTH BEACH AND WORK WITH MIAMI-DADE TRANSIT TO IMPLEMENT A NORTH-SOUTH EXPRESS BUS SERVICE TO CONNECT A NORTH BEACH CIRCULATOR TO SOUTH BEACH. This item was requested by Commissioner Libbin and discussed at the Neighborhood/Community Affairs Committee meeting on July 29, 2013. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND At the Neighborhood/Community Affairs Committee (NCAC) meeting on July 29, 2013, City staff presented a preliminary route for a North Beach Circulator (Attachment A) based on the Coastal Communities Transit Plan (CCTP) Study completed for Miami-Dade Transit (MDT) and the City of Miami Beach by the Center for Urban Transportation Research in 2007. As a result of the recommendation in the CCTP for separate circulator service for the North Beach and Middle Beach communities, MDT implemented Route 115 (Attachment B) in January 2010 and Route 117 (Attachment C) in June 2010. Routes 115/117 are commonly known as the Mid-North Beach Connection. North of 69 1h Street, the service operates in a bi-directional route (one route operating clockwise and the other counter-clockwise). Its service span extends from the City limit on the north to 17th Street on the south serving the North and Middle Beach communities and providing a generally linear connection to the South Beach Local at 171h Street. As part of its ongoing comprehensive bus service restructuring and cost savings initiative, MDT is considering eliminating numerous circulator and connection services throughout the County. Due to extended headways and span of service associated with MDT Routes 115/117 as well as minimal ridership since inception on both routes, MDT is proposing to restructure Route 115 and eliminate Route 117. However, City staff believes that modifications can be made to this service to make it more effective and improve transit mobility in North Beach. At the NCAC meeting on July 29, 2013, the Committee directed the Administration to present a plan for implementation of a North Beach Circulator to City Commission in September and to work with MDT to implement a north-south express bus service to connect the North Beach 375 Commission Memorandum RE: North Beach Transit Circulator September 11, 2013 Page 2of4 Circulator to the South Beach Local. Both Further, the Committee recommended the Administration create a fifth category from the 50% portion of Quality of Life resort (QOL) tax funding for mass transit circulator funding in tourism- eligible areas. If a fifth category was created for circulators in tourism eligible areas, this would result in approximately $1 million per category. While not all portions of the route of a North Beach or Middle Beach Circulator would be tourism eligible, funding could be swapped with the South Beach Local to result in $1 million being available regardless of the route. A dedicated source of funding for mass transit circulators was further discussed at the Finance and Citywide Projects Committee (FCWPC) meeting on August 22, 2013. At the meeting, the FCWPC recommended that the Administration return with a plan for a North Beach Circulator and a Middle Beach Circulator potentially funded from the creation of a fifth category from the 50% portion of QOL funding for mass transit circulators. Both the NCAC and FCWPC stated a desire for headways of 10 to 15 minutes. ANALYSIS Subsequent to the NCAC meeting on July 29, 2013, City staff met with MDT staff to coordinate the implementation of a North Beach Circulator and express north-south bus service as part of MDT's on-going restructuring and cost savings initiative. At the meeting, MDT staff advised of changes to be implemented to Route 115 as part of its restructuring and cost savings initiative. The modified Route 115 would loop around North Beach (similar to current route 115/117) and continue south as a linear route along Alton Road, thus connecting to Mount Sinai Hospital and ultimately to 171h Street in South Beach. The proposed service would operate with two (2) buses and approximately one (1) hour headways. At the meeting with MDT, City staff presented the proposed North Beach Circulator route and obtained positive feedback from MDT. The proposed route is approximately 5.5 miles long with a round trip time of 33 minutes. The proposed route would serve over one dozen origins/destinations in the North Beach community. In order to eliminate service duplication, City and MDT staff discussed the truncation of the proposed MDT Route 115 service in the vicinity of Collins Avenue and 69th Street. This location is one of the highest ridership locations for the existing Route 115/117. A transfer stop at Collins Avenue and 69 1h Street would connect the proposed North Beach Circulator and Route 115 to regional and limited-stop services along Collins Avenue. City staff is currently working with MDT to model the North Beach Circulator service and develop ridership forecasts. It is important to note that since MDT would implement the above-recommended changes to Route 115 as part of its on-going service restructuring initiative, the proposed route is preliminary and contingent upon final approval by the County Mayor's Office. Pursuant to the Transit Workers Union (TWU) Collective Bargaining Agreement (CBA) with Miami-Dade County, bus service changes occur twice a year -in June and November. The November 2013 service line-up has already been finalized and agreed to by MDT and TWU. The bus scheduling, crew scheduling, and operator bid process usually takes about four (4) months for regular service changes and six (6) months for major service over-hauls. Since the County's ongoing bus service restructuring and cost savings initiative will result in a major over- haul of the bus system, service plans must be finalized by January 2014 so that service changes resulting from the effort can launch in June 2014. As such, an lnterlocal Agreement 376 Commission Memorandum RE: North Beach Transit Circulator September 11, 2013 Page 3 of4 between the City of Miami Beach and Miami-Dade County for circulator service must be completed by January 2014 for circulator service to begin in June 2014. The County's bus service restructuring and cost savings initiative is anticipated to generate approximately $10 million in savings. During the meeting with MDT, City staff was provided with a preliminary operating cost estimate of $1.8 million per year for the proposed North Beach Circulator service. This preliminary estimate corresponds to a circulator service operated by MDT with two (2) buses and 20 minute headways for 16 hours each day for 365 days. MDT staff has advised that a reallocation of the cost savings resulting from the elimination of Route 117 would not be a possible source of funding for the proposed North Beach Circulator since these savings have been already been factored-in as part of the overall cost savings initiative. City staff is working with MDT staff to reallocate the cost savings resulting from the truncation of Route 115 as a practicable funding contribution from MDT for the operation of the proposed North Beach Circulator. Further, City staff will continue to work with MDT to negotiate funding contributions and achieve a partnership to provide a municipal circulator service in North Beach that is in the best interest of the City and enhances public transit in the community. RECOMMENDATION AND NEXT STEPS The Administration recommneds that the Mayor and City Commission approve the recommendation of the NCAC directing staff to work with MDT to implement a North Beach Circulator. Over the past several weeks, City staff has been working closely with MDT to coordinate the proposed North Beach Circulator service to more effectively and effeciently meet the mobility needs of the North Beach community and expedite the implementation of the circulator service. Significant progress has already been made in regards to route alignment, stops, and funding. At this time, MDT has begun drafting the required lnterlocal Agreement for municipal circulator service. To expedite the implementation of a North Beach Circulator and ensure MDT's contribution to the service, City staff and MDT staff have generated a schedule comprised of various critical path activities and dates. The following target dates must be met for MDT to begin operating the proposed North Beach Circulator service by June 2014: 1. City of Miami Beach Commission Resolution accepting NCAC recommendation for a North Beach Circulator-September 11, 2013. 2. Miami-Dade County's Legal Review of the Draft lnterlocal Agreement -September 26, 2013. 3. City of Miami Beach Resolution approving the lnterlocal Agreement-October 16, 2013. 4. Miami-Dade County Board of County Commission Resolution approving the lnterlocal Agreement-January 2014. City staff will continue to work with MDT to negotiate funding contributions and achieve a partnership with the County to provide a municipal circulator services in North Beach and Middle Beach that is in the best interest of the City and enhances public transit in these communities. 377 Commission Memorandum RE: North Beach Transit Circulator September 11, 2013 Page 4of4 Attachments: A: Proposed North Beach Circulator Route B: MDT Route 115 (Mid-North Beach Connection-Clockwise) C: MDT Route 117 (Mid-North Beach Connection -Counter Clockwise) K!£~FD T:\AGENDA\2013\September 11\North Beach Transit Circulator MEMO.doc 378 North Beach Circulator Route Attachment A MDT ROUTES STOPS ,li!~~~~ Average Operating Speed: 10 mph ~ __,...,..;;-, Round Trip Time: 33 min. 115/117 BUS STOPS Number of Buses: 2 Expected Headway with 2 Buses: 20 min. Route 115 Attachment B Mid-North Beach Connection Clockwise D'l 88 St c ... -. "2 ro I E _.s.s .. s111t .... .._~ 0 ..c 3: 77 St ~..._ ..... il • 63 St j It r f~J <l) Mount Sinai • Medical Center •• • •• •• \S'l • b. "0 a: c 0 +-' <I: a tD (!) ~ Q.l 0 c <#' a: & § <::;([j 1:» Q.l ~~ (/) ro 17St ~ ~ (f) ~ ~ .. _. !:g Lincoln Rd 380 ...... 0 c m "0 c 0 NORTH MAP NOT TO SCALE 06/2010 Route 117 Attachment C Mid-North Beach Connection Counterclockwise Mount Sinai • Medical Center • •• •• •• :\5\. • A "0 a: c 0 +-' <t: c 0 Ol(]) (]) ~ c m -o ·;;: <D ..c (j) ~~ 17 St ~ ~ .. ------~-=:-,~ E cu .. _.""";) Lincoln Rd 381 Ol 88 St c ~ m I <D 85 St ~ c ...... 0 ..c -~ 77 St cu I 73 St il(]) ' .;;: Ol (/l c c ~ 0 ell 0 I ---0 .0 .0 <( 63Stj J1 ~ ..... 0 ~ (]) ~ u c co "0 c 0 NORTH MAP NOT TO SCALE 06/2010 RESOLUTION TO BE SUBMITTED 382 THIS PAGE INTENTIONALLY LEFT BLANK 383 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, Or His Designee, To Utilize Florida Sheriffs Association (FSA) Contract Numbers 12-20-0905, 12-10-0905, And 11-10-1202, Or Their Successor Contracts, For The Purchase Of Vehicles And Equipment Previously Approved By The Budget Process, Through Fiscal Year 2013/14, When Those Contracts Offer The Most Cost Competitive Option; And Waiving By 5/th Vote, The Formal Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City. Key Intended Outcome Supported: Increase visibility of Police; Maintain crime rates at or below national trends; Improve cleanliness of MB rights- of-way; Ensure compliance with code enforcement within a reasonable timeframe; Maintain MB public areas and rights-of-way, Citywide; Ensure safety and appearance of building structures and sites; Increase satisfaction with family recreational activities; Ensure well-maintained facilities; and Maintain City's infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): Vehicles and equipment are replaced on an annual basis due to a combination of factors that include age, condition, and maintenance/repair/collision expenses. During FY 2012/13, such analysis resulted in the competitive purchase, utilizing FSA contracts, of twenty nine (29) vehicles and equipment valued at nearly $1.7 million. Item Summary/Recommendation: The Fleet Management Division ("Fleet Management") provides vehicles and equipment for all City of Miami Beach departments and divisions. In coordination with the various departments, Fleet Management develops a list of replacement vehicles and equipment which is submitted to the Commission for funding during the City's budget process each fiscal year. Replacement considerations are based on a combination of factors that include age, condition, maintenance/repair/collision expenses, and operating environment. The list of replacement vehicles and equipment. as well as any new vehicles and equipment submitted by a department as part of a service level enhancement initiative, are subject to approval by the City Commission during the annual budget process. Upon approval of funds, the City has historically pursued the purchase of vehicles through competitively awarded contracts by the State of Florida (State) and the Florida Sheriffs Association (FSA). The State, through its Department of Management Services, competitively awards a comprehensive vehicle contract yearly to be used by all agencies and political subdivisions of the State. The FSA also competitively awards a vehicle contract yearly, based on the requirements of law enforcement agencies state-wide, for use by law enforcement and political subdivisions in the State. The FSA, founded in 1893 to promote effective law enforcement and public safety programs, is one of the largest law-enforcement associations in the nation. Both the State and the FSA have staff dedicated to the complex tasks of developing specifications, aggregating volume from agencies across the state, competitively soliciting awards and managing contracts used by most public agencies in the State for the purchase of vehicles. Unlike the State and the FSA, the City does not have the internal expertise, staffing resources or buying power of these agencies. Nonetheless, through the use of these contracts, the City benefits from the expertise and staff resources of the State and the FSA and the leveraged buying power of public agencies in the State, resulting in cost-effective vehicle purchases. Since the FSA is not one of the agencies named in the City code as an agency from whose contracts piggyback purchases may be exercised, the City Attorney's Office has determined that approval of purchases from FSA contracts will require the waiver of competitive bidding requirements by a 51th vote. Accordingly, this is a request for the City Commission to approve utilizing the competitively awarded FSA Contracts 12-10-0905, 12-20-0905, and 11-10-1202, for the purchase of vehicles and equipment previously approved by the budget process, through Fiscal Year 2013/14, when those contracts offer the most cost-competitive prices. Fmanc1allnformabon: Source of Funds:· 1 2 OBPI Total Amount Clerk's Office Le islative Trackin MIAMI BEACH 384 Account JL AGENDA ITEM __ C_7_Q_ DATE 11-/1-/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH~ FLORIDA, A ROVING AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO UTILIZE FLORIDA SHERIFFS ASSOCIATION (FSA) CONTRACT NUMBERS 12-20-0905, 12-10-0905, AND 11- 10-1202, OR THEIR SUCCESSOR CONTRACTS, FOR THE PURCHASE OF VEHICLES AND EQUIPMENT PREVIOUSLY APPROVED BY THE BUDGET PROCESS, THROUGH FISCAL YEAR 2013/14, WHEN THOSE CONTRACTS OFFER THE MOST COST COMPETITIVE OPTION; AND WAIVING BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY. ADMINISTRATION RECOMMENDATION Approve purchases utilizing competitively-procured Florida Sheriffs Association (FSA) contracts to purchase vehicles and equipment when those contracts offer the most cost competitive option. FUNDING Appropriated funding for vehicles and equipment, previously approved by the budget process, through FY 2013/2014. BACKGROUND AND ANALYSIS The Fleet Management Division ("Fleet Management") provides vehicles and equipment for all City of Miami Beach departments and divisions. In coordination with the various departments, Fleet Management develops a list of replacement vehicles and equipment which is submitted to the Commission for funding during the City's budget process each fiscal year. Replacement considerations are based on a combination of factors that include age, condition, maintenance/repair/collision expenses, and operating environment. The list of replacement vehicles and equipment, as well as any new vehicles and equipment submitted by a department as part of a service level enhancement initiative, are subject to approval by the City Commission during the annual budget process. Upon approval of funds, the City has historically pursued the purchase of vehicles through competitively awarded contracts by the State of Florida (State) and the Florida Sheriffs 385 Commission Memorandum-Sept. 11,2013 FSA Contract Vehicle & Equipment Purchases Page 2 of2 Association (FSA). The State, through its Department of Management Services, competitively awards a comprehensive vehicle contract yearly to be used by all agencies and political subdivisions of the State. The FSA also competitively awards a vehicle contract yearly, based on the requirements of law enforcement agencies state-wide, for use by law enforcement and political subdivisions in the State. The FSA, founded in 1893 to promote effective law enforcement and public safety programs, is one of the largest law-enforcement associations in the nation. Both the State and the FSA have staff dedicated to the complex tasks of developing specifications, aggregating volume from agencies across the state, competitively soliciting awards and managing contracts used by most public agencies in the State for the purchase of vehicles. Unlike the State and the FSA, the City does not have the internal expertise, staffing resources or buying power of these agencies. Nonetheless, through the use of these contracts, the City benefits from the expertise and staff resources of the State and the FSA and the leveraged buying power of public agencies in the State, resulting in cost-effective vehicle purchases. Since the FSA is not one of the agencies named in the City code as an agency from whose contracts piggyback purchases may be exercised, the City Attorney's Office has determined that approval of purchases from FSA contracts will require the waiver of competitive bidding requirements by a 5/ih vote. Accordingly, this is a request for the City Commission to approve utilizing the competitively awarded FSA Contracts 12-10-0905, 12-20-0905, and 11- 10-1202, for the purchase of vehicles and equipment when those contracts offer the most cost-competitive prices. As part of the due diligence process by staff, vehicle pricing from both FSA and State contracts will be analyzed to determine the most cost-effective option. During FY 2012/13, such analysis resulted in the competitive purchase, utilizing FSA contracts, of twenty nine (29) vehicles and equipment valued at nearly $1.7 million. CONCLUSION Based on the analysis of the need for vehicles by the various City Departments, the due diligence of staff, and pricing available through competitively awarded contracts established by the State and the FSA, it is recommended that the Mayor and City Commission authorize the City Manager, or his designee, to utilize Florida Sheriffs Association Contract Numbers 12-20-0905, 12-1 0-0905, and 11-10-1202, and/or their successor contracts, for the purchase of vehicles and equipment previously approved by the budget process, through Fiscal Year 2013/14, when those contracts offer the most cost competitive option; and waive by 5/?'h vote, the formal competitive bidding requirement, finding such waiver to be in the best interest of the City. JLM/~.fl/AD/JJF/JC T:\AG~3\September 11\Fieet-FSA Vehicle Purchases MEMO 2013-09-11,docx We are com miffed to prowdm9 excellent public seNice and :;afety to all who live, work, and ploy in our vibrant, tropical, hiolaric community 386 RESOLUTION TO BE SUBMITTED 387 COMMISSION ITEM SUMMARY Condensed Title: A resolution authorizing the City of Miami Beach Parking Department to assume collection and maintenance of the Miami-Dade County Homeless Trust's Adopt-A-Homeless Donation Meter Campaign Pro ram for those meters located within the Cit of Miami Beach. Ke Intended Outcome Su ported: Reduce the number of homeless in the City. Supporting Data (Surveys, Environmental Scan, etc.): Addressing homelessness received "excellent" or "good" ratings from 42% of residents interviewed in the 2012 Community Satisfaction Survey. Item Summa /Recommendation: At the October 24, 2012 Commission meeting, Commissioner Weithorn referred this issue to the Finance and Citywide Projects Committee in advance of encouraging businesses to support the effort of implementing more Homeless Meters within the City. Subsequently, the Homeless Trust requested that the City's Parking Department assume responsibility for the collection and maintenance of the 22 Homeless Meters located within the City. The money deposited into the Homeless Meters is currently collected and maintained by the Miami Parking Authority at no cost to the Homeless Trust. However, there are issues with the amount of time taken to repair broken meters and collect and report on donations. It is recommended that an alternative system be implemented to ensure more efficient maintenance and collection of the Homeless Meters. The City currently contracts with Standard Parking for regular parking meter collections. If the Homeless Meters program expands, Standard Parking has committed to waive the annual collection fee of $242.88 to maintain the City's 22 existing Homeless Meters. However, the City would have to assume the annual maintenance cost of $43.09 per meter (currently totaling $948). In return, the Homeless Trust would place a meter and a large collection device, or two small meters, at City Hall at no cost and pay for the processing fees of the collections (estimated at $22.77 per year) and resulting audit costs (estimated at $105.26 per year). However, regulatory review may be required for the large collection device depending on its size, design and location. On May 13, 2013, the Finance and Citywide Projects Committee (FCWPC) referred the above subject matter to the Committee on the Homeless for discussion. The Committee on the Homeless met on May 15, 2013 and voted unanimously to support the program. The Administration recommends the Cit Commission a rove the pro osed resolution. Financial Information: Source of Amount Account Funds: 1 $128 480-0461-000111 ~ 2 $662 3 $158 Total $948 480-0462-000111 480-0462-000343 Financial Impact Summary: Department Director ity Manager. MLR KGB MIAMI BEACH C7R 388 DATE f--Jr /3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY OF MIAMI BEACH PARKING DEPARTMENT TO ASSUME RESPONSIBILITY FOR THE COLLECTION AND MAINTENANCE, VIA STANDARD PARKING, OF THE MIAMI-DADE COUNTY HOMELESS TRUST'S ADOPT-A-HOMELESS DONATION METER CAMPAIGN PROGRAM FOR THOSE METERS LOCATED IN THE CITY OF MIAMI BEACH ADMINISTRATION RECOMMENDATION Adopt the resolution. BACKGROUND The Miami-Dade County Homeless Trust (the Trust) was created in 1993 by the Board of County Commissioners with several primary functions: administer proceeds of the one-percent food and beverage tax; implement the local Continuum of Care Plan, a three-phased plan called the Miami-Dade County Community Homeless Plan; and serve in an advisory capacity to the Board of County Commissioners on issues involving homelessness. The Trust is not a direct service provider. Instead, it is responsible for the implementation of policy initiatives developed by the 27-member Miami-Dade County Homeless Trust Board, and monitoring compliance of agencies contracted for the provision of housing and services for homeless persons. On October 27, 2010, Resolution No. 2010-27535 was approved by the City Commission establishing the Miami-Dade County's Homeless Trust's Adopt-A-Homeless Meter Donation Campaign Program in the City of Miami Beach. The resolution allowed for 11 homeless meters to be placed throughout the City. Subsequently, a private donor sponsored 11 additional meters located at Joe's Stone Crab's parking lot. The Homeless Meter campaign resulted from the Trust's April 2009 effort to promote awareness of homeless issues throughout the community. The Trust engaged the M Network, a public relations firm, to promote community awareness of services offered by the Trust, as well as to assist in a targeted campaign related to providing alternative strategies to panhandling. The Trust's awareness campaign focused on the donation of parking meters, a strategy which had been successfully utilized in other communities including Denver and Baltimore, to redirect community giving from panhandlers to homeless services. 389 Commission Memorandum -Collection and Maintenance of Homeless Meters September 11 , 2013 Page 2 of 3 According to a survey conducted by Zogby International on behalf of the Homeless Trust, "Homeless Trust Survey on Miami-Dade County's Generosity," county residents may be giving millions of dollars per year to people on the street. The homeless meters are surplus parking meters graphically enhanced by local artist Romero Britto and placed in areas where panhandling most frequently occurs. All monies are collected and utilized for homeless services including emergency shelter beds and feeding programs. The Homeless Trust absorbs all costs associated with the program including installation and obtaining meter sponsors. Sponsors provide a tax deductible contribution of $1,000 per meter as a sponsorship fee. The City of Miami Parking Authority (MPA) collects, processes and maintains all of the meters countywide. ANALYSIS At the October 24, 2012 Commission meeting, Commissioner Weithorn referred this issue to the Finance and Citywide Projects Committee to encourage businesses to support the effort of implementing more Homeless Meters within the City. Subsequently, the Homeless Trust requested that the City's Parking Department assume collection and maintenance of the 22 Homeless Meters located within the City. Currently, the money deposited into the Homeless Meters is collected and maintained by the Miami Parking Authority (MPA) at no cost to the Homeless Trust. However, there are issues with the amount of time taken to repair broken meters and collect and report on donations. It is recommended that an alternative system be implemented to ensure more efficient maintenance and collection of the Homeless Meters. The City currently contracts with Standard Parking for parking meter collections. Standard Parking has committed to waive the annual collection fee of $242.88 for the 22 existing Homeless Meters. The City would assume the annual maintenance cost of $43.09 per meter (totaling $948.00 for the 22 Homeless Meters). In return, the Homeless Trust would place a meter and a large collection device (Attachment 3} or two small meters at City Hall at no cost and pay for the processing fees of the collections {estimated at $22.77 per year) and the resulting annual audit costs (estimated at $105.26 per year) of all 22 Homeless Meters for a total of $128.03. Based on the most recent report provided to the Homeless Trust by the MPA, collections from July 1, 2011 through February 28, 2013 resulted in $2,579.85 from the Joe's Stone Crab meters and $1,550.25 from the Homeless Meters located within the City, for a total of $4,130.10 in donations. At this time, the City's Committee on the Homeless is drafting an anti-panhandling campaign which will include a City-wide public education component promoting the homeless meters in lieu of giving to panhandlers. The Committee is researching models that have proven effective in other cities including flyers, signage and mass media campaigns. The idea emerged from the February 20, 2013 Community Relations Board in which awareness and resources for the project were discussed. On May 13, 2013, the Finance and Citywide Projects Committee (FCWPC) referred the above subject matter to the Committee on the Homeless for discussion. The Committee on the Homeless met on May 15, 2013 and voted unanimously to support the program. 390 Commission Memorandum -Collection and Maintenance of Homeless Meters September 11, 2013 Page 3 of 3 CONCLUSION The Miami-Dade County Homeless Trust has requested that the City's Parking Department assume collection and maintenance of the 22 homeless meters in the City. The funds collected are used to fund homeless services and feeding programs. In return, the Homeless Trust would place two meters or a meter and a large collection device at City Hall, at no cost to the City, and pay for the processing fees of the collections, at an estimated cost of $22.77 per year, and subsequent estimated annual audit costs of $105.26 per year. It is recommended that the Mayor and City Commission of the City of Miami Beach, Florida, authorize the City of Miami Beach Parking Department to assume responsibility for collections and maintenance, via Standard Parking, for the 22 Miami-Dade County Homeless Trust's Adopt-a-Homeless Donation Meter Campaign Program for those meters located in the City of Miami Beach. JLM/KGB/MLR 391 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY OF MIAMI BEACH PARKING DEPARTMENT TO ASSUME RESPONSIBILITY FOR THE COLLECTION AND MAINTENANCE, VIA STANDARD PARKING, OF THE MIAMI-DADE COUNTY HOMELESS TRUST'S ADOPT -A-HOMELESS DONATION METER CAMPAIGN PROGRAM FOR THOSE METERS LOCATED IN THE CITY OF MIAMI BEACH WHEREAS, the Adopt-A-Homeless Donation Meter Campaign Program utilizes surplus parking meters graphically enhanced by a local artist to collect donations as an alternative to giving money to panhandlers; and WHEREAS, the funds collected are used to support homeless services; and WHEREAS, there are currently 22 homeless meters in the City of Miami Beach collected and maintained by the Miami Parking Authority; and WHEREAS, the City of Miami Beach Parking Department will assume responsibility for the collection of funds, via service currently contracted to Standard Parking, and remit to the Miami-Dade County Homeless Trust; and WHEREAS, Standard Parking is waiving the collection costs for the meters and the City of Miami Beach Parking Department will maintain the meters at an annual cost of $43.09 per meter (currently totaling $948 for the existing 22 Homeless Meters); and WHEREAS, the Miami-Dade County Homeless Trust will assume the processing fees for collections (estimated at $22.77 per year) and annual audit costs (estimated at $105.26 per year); and WHEREAS, the Finance and Citywide Projects Committee and the Committee on the Homeless have both approved the City of Miami Beach Parking Department taking over collections and maintenance of the homeless meters; and WHEREAS, the Administration recommends that the City of Miami Beach Parking Department assume collections and maintenance of the Miami-Dade County Homeless Trust's Adopt-A-Homeless Meter Donation Campaign Program meters located within the City. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby authorize the City of Miami Beach Parking Department to assume responsibility for collection and maintenance, via Standard Parking, of the Miami-Dade County Homeless Trust Adopt-A- Homeless Donation Meter Campaign Program for those meters located in the City of Miami Beach. 392 PASSED AND ADOPTED this ___ day of ______ , 2013. ATTEST: CITY CLERK MAYOR 393 COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving an amendment to the Special Event Requirements and Guidelines to include recycling requirements for events that require a sanitation plan, as recommended by the Neighborhoods/Community Affairs Committee. Key Intended Outcome Supported: Enhance the environmental sustainability of the community. Increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey reported nearly six out of ten residents (57%) rated management of special events as excellent or good, yet this figure is down from 70% in 2009. Residents of South Beach/Bella Isle and Mid Beach were more critical of management of special events. Item Summary/Recommendation: Currently, special events are responsible for providing sanitation services necessary to meet the needs of their event. Special events that contract the City's Sanitation Division for sanitation services already receive recycling services as part of their sanitation package. However, events that do not use City sanitation services are not required to provide recycling. While the Special Event Requirements and Guidelines include language encouraging recycling, it is not a requirement. On November 8, 2012, a public meeting was held to gain feedback from event producers regarding adding recycling requirements. The event producers at this meeting were in support of this initiative and later worked with staff at a May 9, 2013 meeting to refine language. The special event application process requires that a sanitation plan be provided that is reviewed and approved by the Public Works, Sanitation Division. The proposed amendment to the Special Event Requirements and Guidelines will require that special events submit and carry out a sanitation plan that incorporates single-stream recycling. Please refer to page 30 of the attached Special Event Requirements and Guidelines for the recommended amendment. On May 21, 2013, the Sustainability Committee recommended that the City's Special Event Requirements and Guidelines be amended to include recycling requirements for all special events that require a sanitation plan. At the June 5, 2013 Commission Meeting, this item was referred to the Neighborhood and Communality Affairs Committee held June 26, 2013, where the recommendation was unanimously approved. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Financial Information: Source of Amount Funds: 1 [J 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Max Sklar MIAMI BEACH Affairs Committee, 6/26/2013. t City Manager Commission SUMM.doc 394 Account AGENDA ITEM _C_7_5__,._ DATE (/-/f-/3 lt\ MIAMIBEACH City af Miami Bec~ch, 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: September 11,2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE SPECIAL EVENTS REQUIREMENTS AND GUIDELINES TO INCLUDE RECYCLING REQUIREMENTS FOR EVENTS THAT REQUIRE A SANITATION PLAN, AS RECOMMENDED BY THE NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE. BACKGROUND Currently, special events are responsible for providing sanitation services necessary to meet the needs of their event. Special events that contract the City's Sanitation Division for sanitation services already receive recycling services as part of their sanitation package. However, events that do not use City sanitation services are not required to provide recycling. While the Special Event Requirements and Guidelines include language encouraging recycling, it is not a requirement. On November 8, 2012, a public meeting was held to gain feedback from event producers regarding adding recycling requirements. The event producers at this meeting were in support of this initiative and later worked with staff at a May 9, 2013 meeting to refine language. The special event application process requires that a sanitation plan be provided that is reviewed and approved by the Public Works, Sanitation Division. The proposed amendment to the Special Event Requirements and Guidelines will require that special events submit and carry out a sanitation plan that incorporates single-stream recycling. Please refer to page 30 of the attached Special Event Requirements and Guidelines for the recommended amendment. On May 21, 2013, the Sustainability Committee recommended that the City's Special Event Requirements and Guidelines be amended to include recycling requirements for all special events that require a sanitation plan. At the June 5, 2013 Commission Meeting, this item was referred to the Neighborhood and Communality Affairs Committee held June 26, 2013, where the recommendation was unanimously approved. RECCOMENDATION The administration recommends approval of the attached amendment to the Special Events Requirements and Guidelines. AttaRments: A. Special Event Recycling Guidelines Proposed Amendments JLM~B/MT/ETC/JJF/RWS/ESW/MKW F:\INFO\$ALL\Max\TCD\Commission Memos\Special Event Recycling 9-11-13 Commission Memo.doc 395 J\1\IA/V\I BEACH· City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov TOURISM AND CULTURAL DEVELOPMENT FILM & EVENT PRODUCTION MANAGEMENT Tel: 305-673·7577, Fox: 305-673-7063 , Email: events@miamibeachfl.gov SPECIAL EVENTS REQUIREMENTS AND GUIDELINES UPDATED November 2012 The City of Miami Beach ("City") hosts a wide variety of special events that enrich the community for both visitors and residents. To mitigate the ever-increasing demands made upon City resources and infrastructure, applicants are required to present proposed special event activities to potentially impacted neighborhood associations and appropriate City departments to ensure that these events are compatible with the surrounding neighborhoods. This process assists in evaluating and assessing the City's resources, both in terms of personnel and use of public property and right-of-ways, to adequately protect the public safety, health and welfare of the community. This review may also require a more detailed and coordinated Major Event Plan, especially during holiday or repeat event periods that have a high impact on City services. The Special Events Ordinance (Chapter 12, Article II, Section 12-5 of the Miami Beach City Code) and the Special Events Requirements and Guidelines are intended, insofar as possible, to mitigate the costs of City services for special events, although it is not the intention that the costs of special events permit fees be used for revenue generation. The intent of the Special Event Ordinance and the Special Events Requirements and Guidelines is: • To insure the City will have adequate advance notice of a proposed special event and the cooperation of the organizers to adequately plan City services (such as security, sanitation, parking, and traffic control) that may be required for such an event. • To insure that the City's beaches, parks, and public right-of-ways are protected and conserved, by limiting the number and type of events held in these areas; and • To preserve the City's commitment to attract quality events with significant cultural and entertainment enrichment for the community at-large. This Special Events Requirements and Guidelines package has been designed to help guide applicants through the process of applying for a special events permit, and to minimize disruption to the impacted surrounding environment. 396 TABLE OF CONTENTS INTRODUCTION Table of Contents I. APPLICATION PROCEDURE A. STEP 1: APPLICATION AND QUESTIONNAIRE FORM I. EVENTS ON PUBLIC PROPERTY II. EVENTS ON PRIVATE PROPERTY Ill. WEDDINGS AND CEREMONIES IV. MARKETS V. PRODUCT PROMOTIONS/ TEMPORARY SAMPLING VI. RIDES AND AMUSEMENTS VII. MINIMUM REOUIREMETNS • APPLICATION/PROCESSING FEE • PERMITFEE • SECURITY DEPOSIT • INDEMITY AGREEMENT • INSURANCE REQUIREMENTS • SITE PLAN 8. STEP 2: INTERNAL REVIEW PROCEDURE I. MAJOR EVENTS PLAN (MEP) • MAJOR EVENTS PERIODS • MAJOR EVENT COMMITTEE II. CRITERIA FOR GRANT OF PERMIT Ill. CRITERIA FOR APPROVAL OF PERMIT IV. NATURAL DISASTER/WEATHER C. STEP 3: EXTERNAL REVIEW PROCEDURE 0. STEP: 4 COORDIANTION OF CITY SERVICES II. ADHERENCE TO REGULATIONS AND OTHER POLICIES A. VEHICLE ACCESS POLICY B. BOOKING POLICY I. CONSECUTIVE DAY CLAUSE/ Limit of permissible events per venue C. CONCESSION AGREEMENTS D. USE OF PUBLIC PROPERTY E. EVENT SIGNAGE I. SPECIAL EVENT BILLBOARD SIGNS II. STREET BANNERS Ill. LIGHTPOST BANNERS f. GRANDFATHER CLAUSE G. RESORTTAX H, SPONSORSHIP REQUIREMENTS Ill. ENFORCEMENT AND PENAL TIES IV.CITY OF MIAMI BEACH AGENCIES A. BUILDING DEPARTMENT I. BUILDING PERMITS AND ELECTRICAL PERMITS II. AMERICANS WITH DISABILITIES ACT B. CODE COMPLIANCE I. FIELD INSPECTOR II. SIGNS, FLYERS AND HANDBILLS Ill. NOISE ORDINANCE C. FIRE DEPARTMENT I. OFF DUTY FIRE AND PARAMEDIC SERVICES II. ENCLOSED EVENT SITE AND OCCUPANT LOAD Ill. FIREWORKS PERMIT IV. OPEN PIT AND BONFIRE PERMIT D. MIAMI BEACH CONVENTION CENTER E. OCEAN RESCUE f. PARKING DEPARTMENT G. PARKS & RECREATION DEPARTMENT I. FACILITIES & PERSONNEL II. PARK USER FEES & LINCOLN ROAD USER FEE H. POLICE DEPARTMENT I. SECURITY PLAN AND SERVICES • OVERNIGHT & BACKSTAGE SECURITY • MARINE PATROL Special Events Requirements and Guidelines 397 Page(s) .1. .?::~ :4::1.~ 4-9 9-14 14-15 15 15-19 16 16-18 18 18 19 19 19 19-20 20-22 22-30 22-23 23-24 24-25 25 25 25 26 26-28 2 POLICE ESCORTS FOR ENTERTAINMENT II. STREET CLOSURES Ill. BARRICADES & ELECTRONIC SIGNS IV. PARADE REQUIREMENTS V. DEMONSTRATIONS & FREE SPEECH ACTIVITIES I. PROPERTY MANAGEMENT J. PUBLIC WORKS DEPARTMENT K. SANITATION V. OTHER AGENCIES A. MIAMI BEACH VCA and CAC B. MIAMI DADE COUNTY • PERMIT FOR TEMPORARY FOOD SALES • BEACH CLEANING C. STATE OF FLORIDA • DEPARTMENT OF ENVIRONMENTAL PROTECTION • DIVISION OF STATE LANDS • FLORIDA MARINE PATROL • DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO • FLORIDA DEPARTMENT OF TRANSPORTATION D. FEDERALGOVERNMENT • FEDERAL AVIATION ADMINISTRATION • COASTGUARD VI. SPECIAL EVENTS FEE SCHEDULE VII. SPECIAL EVENT CLASS MATRIX 28 28-29 30 30-32 30 30 30-31 31-32 33-34 34 Special Events Requirements and Guidelines 398 3 Special Events Requirements and Guidelines I. APPLICATION PROCEDURE A City Permit is required for special events. A "special event" is generally defined by the City as a temporary use on public or private property that would not be permitted generally or without restriction throughout a particular zoning district, but would be permitted if controlled with special review in accordance with this section. Applications are processed on a first come, first served basis, unless otherwise provided for under the booking policy herein (Section II. B). A. STEP 1: Application and Questionnaire Forms All persons or entities interested in conducting a special event must complete an application and questionnaire listing all required information. Please refer to Appendix A for a copy of the application and Section VII, Special Event Class Matrix, for breakdown on classes of event permits and their respective requirements. I. EVENTS ON PUBLIC PROPERTY 1. Events taking place on public property, whether produced by a not-for-profit or for profit entity, with a maximum attendance of 150 people and requiring no city services (police, fire, parking, etc.) or building permits, as determined by the Office of Special Events, do require a special event permit from the City. Applications and questionnaires shall be submitted with a minimum of THIRTY (30) days notice, in order to process prior to the proposed event start date. 2. Events taking place on public property, whether produced by a not-for-profit or for profit entity requiring city services (police, fire, parking, etc.) and/ or building permits, as determined by the Office of Special Events,, including, but not limited to, festivals, parades, performances, and broadcasts, require a special event permit from the City. Applications and questionnaires shall be submitted with a minimum of SIXTY (60) days notice, in order to process prior to the proposed event start date. II. EVENTS ON PRIVATE PROPERTY 1. Applications and questionnaires for events proposed to take place on private property where such event would be considered a 'special event' under the City's Special Events Ordinance and these Guidelines, and requiring no city services (police, fire, parking, etc.) or building permits, as determined by the Office of Special Events, shall be submitted with a minimum of FIFTEEN (15) days notice prior to the proposed event start date. 2. Applications and questionnaires for events proposed to take place on private property where such event would be considered a 'special event' under the City's Special Events Ordinance and these Guidelines, requiring city services (police, fire, parking, etc.) and/ or building permits, as determined by the Office of Special Events, shall be submitted with a minimum of THIRTY (30) days notice prior to the proposed event start date. It should be noted that events may only obtain special event permits on private property in facilities with current Certificate of Occupancy or Temporary Certificate of Occupancy. Events or activities that do not require special event permits are recurring activities that are typically not open to the general public, and are customary and incidental to a permitted main or accessory use, whether by paid admission or not, and require no additional permitting. Examples of customary uses for hotel properties include, but are not limited to: Weddings; Bar Special Events Requirements and Guidelines 4 399 Mitzvah; Bat Mitzvah; Anniversaries; Baby Showers; Engagement parties; Wedding Showers; Holiday events; Awards functions; Networking Events; Fund Raisers; Charity Events; Incentive group functions (meetings, etc.); Corporate group functions (meetings); Convention group functions (meetings); Community based organization meetings; Reunions; Prom; Seminars; Sweet Sixteen; Press Conferences; Product Announcements; Political functions ( including kick offs, election night or during a campaign). Non-recurring events or activities that have extraordinary or excessive impacts on public health, safety or welfare, not normally associated in type or quantity with permitted main or accessory uses, shall require a special event permit. For example: • When temporary structures are erected (South Beach Food and Wine Festival's "Bubble Q", Art Basel, etc.); or • When a temporary occupant load is required; or • Television, entertainment events or casting calls open to the public (American Idol) with public property impacts; or • Musical performances (Winter Music Conference). Conditional uses are recurring activities open to the general public, whether by paid admission or not, identified in the City's Land Development Regulations, and requiring a public hearing (e.g., Neighborhood Impact Establishments or Outdoor Entertainment Establishments such as Sky Bar, Raleigh Hotel Sunday Soiree, etc.). Non-confonning uses in residential districts are prohibited from obtaining special event permits. Additionally, consistent with Section 142-693 (c), Section 142-302, and Section 142-485 of the City Code, special event permits will not be issued to non-conforming properties south of Fifth Street, or in the area generally bounded by Purdy Avenue on the west, 20th Street on the north, Alton Road on the east, and Dade Boulevard on the south. Ill. WEDDINGS, CEREMONIES AND TEAM BUILDING A Wedding, Ceremony and Team Building Permit allows for a single temporary use of public property in the City, other than within existing rental areas of the Parks Department. A Wedding, Ceremony and Team Building Permit allows for limited elements ("Elements"}, defined as the following: chairs, runner, arch/chupa, flags, banners, and other temporary markers, battery operated stereo, acoustical performer(s), riser (48" or less) and a single 1 O'X 1 0' pop up tent. Any additional Elements or activity exceeding the Guidelines and restrictions (see below), inclusive of an adjacent reception would require special event permitting, or prior written approval of the City Manager or his/her designee. REQUIREMENTS: 1. A completed Wedding, Ceremony and Team Building Permit application, detailing exact location, date, times, Elements and number of attendees shall be submitted no less than FIFTEEN (15) days prior to wedding/ceremony. 2. A site plan of the wedding, ceremony or team building area and Elements, detailing area features and showing measurements of entire site. 3. A $125.00 Wedding, Ceremony and Team Building Permit fee, payable to The City of Miami Beach and due before commencement of activity. 4. Approved signature survey from any upland property owners and all contracted or concession user(s) if the area requested falls within a contracted or concession use. 5. Team Building Permit applicants are also required to provide a $2,500 security deposit, as well as General Liability Insurance and a notarized Indemnity Agreement as specified in Section VII of the Special Event Requirements and Guidelines. RESTRICTIONS: 1. A Wedding, Ceremony and Team Building Permit shall accommodate no more than one hundred and fifty (150) people, inclusive of guests, wedding party, performers, etc. Special Events Requirements and Guidelines 5 400 2. All approved Elements shall be hand carried or carted to site. Vehicles will be permitted in areas designated for authorized use only, including beach/sand, parks, sidewalks, pedestrian access areas, with prior written approval of the City Manager or his/ her designee approval and vehicle beach access passes ($150.00 ea.) in conformity with Beach Vehicle Access Policy herein (Section D. II. A.). 3. Any promotional elements including, but not limited to sampling, branding or logos are strictly prohibited. 4. From May 1st through October 31st additional restrictions will apply per State of Florida Department of Environmental Protection ("DEP") Marine Turtle Guidelines. DEP permits may be required throughout the year. 5. Following the wedding, ceremony or team building event, the beach and/or public property must be left in as good, if not better, condition. Applicants must arrange to clean the area immediately following the wedding/ceremony. 6. Failure to comply with Wedding, Ceremony or Team Building requirements may result in citation to permittee and denial of future permits. IV. MARKETS -For information on how to become a market producer or vendor, please contact the City of Miami Beach Procurement Department at 305-673-7 490. \I. PRODUCT PROMOTION/ TEMPORARY SAMPLING -A Temporary Sampling Permit allows for the non-permanent and mobile distribution of single serving goods or services to the public with no direct or indirect commercial exchange provided on public property within the commercial and mixed-use zoning districts of the City. REQUIREMENTS: Applicants wishing to procure a Temporary Sampling Permit shall provide the following information to the City's Department of Tourism and Cultural Development no less than 1 0 working days prior to said activity: 1. Application for Temporary Sampling Permit. 2. Samples and/or descriptive literature of products or services to be distributed. 3. Quantity of product(s) to be distributed. 4. General Liability Insurance of no less than One (1) Million U.S. dollars or equivalent value naming the City of Miami Beach as additional insured and certificate holder including the City's address as per Section A VII (INSURANCE REQUIREMENTS}. The certificate must not be older than 90 days. 5. Completed, executed and notarized Indemnification, holding the City of Miami Beach harmless for all approved activities as well as from effects of products or services sampled. 6. A permit fee of $2,000.00 per singular team, per day, payable to the City of Miami Beach and due before commencement of activity. A singular team is defined as no more than five (5) people in total distributing the same product in the location specified on the permit or within 500 feet of that location. This fee is refundable if permit is cancelled or denied. 7. A security deposit of $2, 500.00 is due upon submission of application. Security deposits will be refunded approximately 4-6 weeks post activity, if all restrictions are followed, public property is left in as good or better condition than when activity commenced, and all City invoices are paid. Failure to comply with restrictions imposed automatically results in forfeiture of up to full value of security deposit. 8. Identify location where the temporary sampling activity will occur. RESTRICTIONS: 1. Permittee or his/her representative must maintain the original permit with them during the activity. 2. Permit is valid for only one singular team of no more than five (5) people in total for the location specified in the permit or within 500 feet of that location. 3. Permit is valid only for date{s) issued. 4. Permit is valid only for approved product(s) as presented in application and printed on permit. Special Events Requirements and Guidelines 6 401 5. Permittee is solely responsible for comprehensive sanitation of any and all areas utilized and their surrounding areas, inclusive of ensuring any sample by-product or literature discarded by the permittee, his/her representative, or the public is removed and discarded appropriately. 6. Permittee or his/her representative may not at any time erect tables, tents, chairs, banners, flags, fencing, inflatables, signs or other elements in public areas or right of ways. 7. Permittee or his/her representative may not at any time attach posters, flyers, stickers or other elements on buildings, trees, lightpoles, newspaper racks, telephone booths, or other public elements. Hand to hand distribution of information must follow City's Handbill Ordinance, as codified in Article 3, Section 46 of the City Code. A Temporary Sampling Permit shall not be required for the distribution of literature, periodicals or other non-product or service related materials, as long as it has no exchangeable or redeemable value. 8. Permittee or his/her representative may not reserve meters for the parking of promotional vehicles (skinned or unskinned). Any and all parking must be in accordance with the City parking regulations. 9. Permittee may not distribute materials from moving vehicles. 10. Permittee or his/her representative may not employ any generators, use electrical outlets or require, install or lay wiring across the public right of ways. 11. Permittee or his/her representative must maintain no less than five {5) feet of unobstructed public access on sidewalks at all times. 12. Permittee or his/her representatives are bound by the Miami-Dade County and City of Miami Beach Noise Ordinances at all times. 13. If Permittee wishes to distribute material in an area contracted or permitted for concession, outdoor cafe, event, filming or other such use, Permittee must provide approved signature survey form from affected party. 14. Permitee or his/ her representative may not sample within twenty (20) feet in any direction from the outside perimeter, as indicated in the site plan attached to the city issued permit, of any outdoor cafe, outdoor restaurant, sidewalk cafe or other establishment serving food or beverages for immediate consumption, without the express written permission of proprietor of such business; 15. The City does not permit stand alone product promotion events. Product promotions are only permitted for sponsors of permitted special events and only within the permitted boundaries of such special event. PENAL TIES: Violators of terms of a Temporary Sampling Permit may be subject to one or more of the following: • Revocation of permit and immediate cease and desist order issued. • Forfeiture of full or partial security deposit at discretion of City Manager or his/ her designee. • Subsequent doubling of previous security deposit for future applications. • The product and/or other products from parent company will be restricted from distribution in any future Temporary Sampling Permits for a period to be determined by the City Manager or his/ her designee. • Fines and further penalties as Article II, Section 12-5 (9) of the City Code. VI. RIDES AND AMUSEMENTS -The City does not allow for-profit carnivals, amusement parks, or carnival-related mechanical amusement rides. VII. MINIMUM REQUIREMENTS -The minimum requirements to apply for a Special Events Permit are: • APPLICA TIONIPROCESSING FEE-This fee is non-refundable and must be made payable to the City of Miami Beach at the time of application. Please see attached Fee Schedule (Appendix D) to determine fee amount. • LATE APPLICATION FEE-This additional fee, equivalent to the applicable application fee, will apply to all applications received after the deadlines noted in sections A./.1 and A./.2 (Page Special Events Requirements and Guidelines 7 402 4}. Any application submitted less than fifteen {15) days from event date may not be reviewed, regardless of late application fee. PLEASE NOTE: Late Application Fees cannot be waived. • PERMIT FEE-This fee is refundable if application is denied and must be made payable to the City of Miami Beach at the time of application. Please see attached Fee Schedule (Appendix D) to determine fee amount. • SECURITY DEPOSIT ($2,500 for events up to 150 attendees I $5,000 for events with between 151 and 1500 attendees/ $10,000 for events between 1501 and 5000 attendees/ $20,000+ with more than 5001 attendees. Deposits for Non-Profit applicants will not exceed $1 0,000}-A refundable security deposit will be required no later than fourteen (14) days prior to the event. Based on the scope and location of the event, a pre-and post-event site inspection may be conducted by the applicant and appropriate City personnel to determine existing conditions and evaluate potential damages, if any. Security deposits will be refunded as soon as possible (approximately 3 -4 weeks after the event) if all conditions are followed, public property is left in as good condition or better and without damage, any pending Code citations are satisfied and all City invoices are fully paid. Failure to comply with restrictions imposed may result in forfeiture of up to the entire amount of the security deposit, as per Section Ill, Enforcement and Penalties. Any post-event balance or fines owed to the City, its employees, Departmental or Facility charge/expenses, damage, repair or replacement cost(s), etc. may be deducted from the security deposit. Any unpaid balance owed exceeding the security deposit will be cause for refusal to accept future special event permit applications. Such applications will not be considered until all outstanding debts to the City are paid in full (i.e. License Fee, Code Enforcement Lien, Special Assessment Lien and/or any other debt or obligation due to the City under State or local law}. PLEASE NOTE: Security deposits cannot be waived. • INDEMNITY AGREEMENT-An Indemnity Agreement must be executed and notarized with an original and legally authorized signature and, if a corporation is the applicant or the application is filed on behalf of a corporation, the company seal must be affixed to the document. The Agreement must be submitted no later than fourteen (14) days prior to load in of the event. • INSURANCE REQUIREMENTS -The City of Miami Beach must be named as an additional insured and policyholder on all insurance certificates issued for the event. All insurance policies must be issued by companies that are authorized to do business in the State of Florida, and have a rating of B+VI or better in the current edition of Best's Key Rating Guide. The Certificate of Insurance must state the time, date, location and name of the covered event, including set-up and breakdown day(s), date(s), and time(s). Applicants have the option of submitting a Certificate of Insurance for each policy year. The City of Miami Beach reserves the absolute right at its sole discretion to increase these requirements, as necessary, to protect the interests of the City, including an increase in the amount and type of coverage required, depending upon the scope and nature of the special event. • Commercial General Liability-Commercial General Liability insurance, on an occurrence form, must be obtained in the amount of at least $1,000,000 per occurrence for bodily injury, death, property damage, and personal injury. The policy must include coverage for contractual liability. Special Events Requirements and Guidelines 8 403 • Worker's Compensation And Employer's Liability -Contractors must submit proof of Workers' Compensation and Employer's Liability in the form of a Certificate of Insurance. All other State regulations apply. • Liquor Liability -If alcoholic beverages are to be sold or served at the event, the group or individuals selling or serving the alcoholic beverage must obtain Liquor Liability Insurance in the minimum amount of $1 ,000,000. The sale of alcoholic beverages must be in compliance with the Liquor Control Regulations of the Code of the City of Miami Beach. The City's Risk Manager must approve the Certificate of Insurance. Once approved, the Certificate will be kept on file in the City's Risk Management Division. The insurance requirements must be met no later than fourteen ( 14) days prior to load in of the event. PLEASE NOTE: Insurance requirements cannot be waived. • SITE PLAN -A preliminary site plan must be submitted with the event application. A final site plan must be submitted no later than fourteen (14) days prior to the event. The site plan must show detailed diagram(s) drawn to scale of the event including: the location of concession booths, portable toilets, dumpsters, public, emergency and accessible routes, location of stages and entertainment and orientation of loudspeakers, locations for electricity and water, generators, lighting towers, AJC units, fenced or walled areas, disability access elements such as accessible parking, accessible paths of travel, accessible portable toilets, and other relevant elements. All generators, lighting towers and AJC units must be fenced in or barricaded to prevent crowds from coming into contact with them. In addition, a narrative describing all temporary installations must be attached for beachfront events. For purposes of herein, "beachfront" is described as seaward of the Coastal Construction Control Line. Once the site plan is approved it cannot be altered without the prior written consent of the City Manager or his/ her designee. REINSTATEMENT FEE -If required event elements are not submitted within fourteen (14) days prior to load in of event, the Permit Application will automatically be considered denied. The applicant may reinstate the application upon submission of any pending requirements and a Reinstatement Fee equal to the applicable Permit Fee. PLEASE NOTE: REINSTATEMENT FEES cannot be waived. B. STEP 2: Internal Review Procedure All proposed events with projected attendance of 200 persons or greater on public property, or private property where such event would not be incidental generally or without restriction throughout a particular zoning district, will be reviewed by the City's Internal Special Events Committee. The Internal Special Events Committee meets monthly and is composed of representatives from City departments, including, but not limited to Police, Fire, Tourism and Cultural Development, Public Works, Parking, Planning, Code Compliance and Parks Departments. The Committee will review and comment on the proposed site, security, parking, transportation, and any and all other necessary plans for the proposed event. These comments will be incorporated with those received through the neighborhood review process. Tourism and Cultural Development Department staff will indicate the specific requirements the applicant will need to satisfy and the time frame for completing these requirements. The City Manager will make a final determination on an application for a special events permit within seven {7) days after all special events requirements applicable to the event have been fulfilled. Such requirements must be fully completed by the applicant no later than thirty (30) days prior to the event. Some requirements may require more time. No refunds will be made after a permit is issued; however, payment does not constitute permission to hold Special Events Requirements and Guidelines 9 404 the event. All approved permits must be available for inspection on site at all times. For special events produced by 501(c)(3) not for profit organizations (or equivalent), the City Manager may waive permit and application fees, including but not limited to, rental fees for particular City properties, when such waiver is found to be in the best interest of the City. No waivers are allowed for personnel-based expenses (city services), security deposit, late application or late submittal fees. In determining waiver of permit fees, no consideration may be given to the message of the event or content of speech, or to the identity or associational relationship of the applicant. Non-profit 501 (c}3 entities are required to provide the City with a copy of the most recent Internal Revenue Service Form 990. I. Major Event Periods (MEP) -The City first evaluates the City's needs, impacts and quality of life issues during MEP's. The City will then also specifically evaluate the impact of events proposed to take place during holiday weekends and major event periods, which create a significant demand on City services and resources. The City may determine an MEP to have high intensity on City services and, therefore, may prohibit the issuance of special events permits during these periods. The City may also determine that enhanced City services are required during such periods. In such instances, costs for enhanced services will be shared equally by and between all permitted events. The City has identified the following repeat or somewhat regular event periods which historically have a high impact on City services. It is realistic to expect these activity periods to continue to be popular in Miami Beach, bringing large crowds that will require additional City service levels and interagency support. These MEP's include, but are not limited to, the following: • October -Halloween, Auto Show • November -Sleepless Night, NASCAR Championship Weekend, White Party Weekend • December-Art Basel, New Years Eve • January-NCAA Bowl Games, Art Deco Weekend, NATPE • February-Miami International Boat Show, Brokerage Yacht Show, Food & Wine Festival, and Super Bowl • March -Winter Music Conference, Winter Party • April -Pride Weekend • May-Memorial Day Weekend, Aqua Girl Weekend • July-Independence Day Celebration, Swimwear Fashion Week • September-Labor Day Weekend • The Major Events Committee will take note of announced events and potential events of significance and initiate customized action plans. Each City department has specific action plans to address the requisite levels of service and outline their efforts and responsibilities associated with any upcoming major event planned within the City. • Major Event Plan -The Major Event Plan attempts to address the impact of an event and set forth the action plan involved from a preparation and implementation perspective and sets forth each City Department's service levels contingent upon anticipated population levels associated with each MEP and ancillary/related events. II. Criteria for Grant of Special Event Permit -The City Manager shall be charged with the responsibility and authority to determine whether a particular applicant shall be granted a special event permit. The City Manager shall have sole authority, subject to the appeal process in STEP 3 of the Guidelines, to approve, approve with conditions, deny, and/or revoke a special event permit upon considering the following factors: 1. Type of Event a. The type of Event covers aspects of the event that relate to what demands the City is likely Special Events Requirements and Guidelines 10 405 to experience and/or numbers of attendees can be expected. Other positives or negatives may stem from the hosting of one show versus another. Community profile, reoccurrence, and nature of the venue all are components to be evaluated in the Type of Event category. b. Another important aspect of is the value of ancillary events and conferences that may surround the event (other smaller shows I events). These may or may not be side events directly managed, or a part of, the event under review, or may be shows and conferences from other sponsors that take advantage of the attendee population of the main show. The venues for these other ancillary shows could be local hotels, arenas and parks, in support of the large event. Side events of this type may be considered a positive, from the additional economic impact they may provide, or they may be considered a detriment, depending on the nature and history of these side events. c. Whether or not the event is conducted for an unlawful purpose and/or in violation of Federal, State, County or Municipal laws. d. The existence of conflict or interference with another event or another applicant who has obtained a valid special event permit. When there are competing applications which are substantially for the same time and place, priority will be given on a first-come, first-served basis, but a first priority will be given to a pre-established, annual event, which is defined as one which has a minimum of five (5) consecutive years of existence in the City under the same ownership, is in good standing (which includes being current on all prior debts), and has complied with other applicable all obligations to the City in a timely fashion. e. Whether the event, if public (as opposed to a private or corporate use), features a public benefit component as its primary function and is not, in and of itself, largely a promotional use designed to advertise or create publicity for product(s) to the public. 2. Economic Impact to the City a. The City will consider the event's long-term, short-term, and indirect effects on profiUcosts to local economic industries, including but not limited to hotels, restaurants, entertainment establishments, retail, and the City. b. The City will also consider events undertaken by not-for-profit organizations that demonstrate directly helping a charitable cause. c. An Economic Impact Survey is required to determine if an event has demonstrated a positive economic impact to the City. 3. Infrastructure and Service Demands (Quality of Life) a. The City will consider whether the event is compatible with the surrounding neighborhoods and complements the ambience and aesthetics of the area in which it is presented. b. The City will consider whether the event poses a public threat to residents, businesses, and visitors, not considering content of speech, message, or reaction to the message. c. The stress that a show may place on various City services is considered in the evaluation process. Expenses associated with additional crowd control, policing, security, parking, and traffic shall be considered. d. The City will also consider the availability of these needed resources including time, people, money and equipment. e. Additionally, more intangible aspects of the effects that an event may have, relating to the quality of life aspects that may positively or negatively impact the local flavor of the City and the lives of the resident population, are also considered in this area, including the urgency Special Events Requirements and Guidelines 11 406 of the event, the realistic time frame, and other events taking place in the City and South Florida area at the same time. f. Interference with traffic in the area contiguous to the event, and availability at the time of the proposed event of sufficient City resources to address the events potential impacts and mitigate the potential disruption. g. Availability of police officers, traffic control aides and traffic control equipment to protect the participants in the event and protect the non-participants from traffic related and other hazards in light of the need and demand for police protection at the time of the proposed event. h. Concentration of persons, vehicles or other structures at the event and feasibility of disbanding the area in order to allow fire, police and ambulance services. i. Substantial likelihood of subjecting neighborhood in immediate vicinity of proposed site of event to unreasonable and prolonged noise, littering, or parking difficulties. j. City services required for the event cannot be reasonably made available at the time of the proposed event. 4. References a. The event shall provide references from other locations that it has used. The evaluation should consider not only the references themselves but the quality of the references and the sources from which they come. A list of references that cover not only the previous venues for that event, but also the references from that City, its police and any civic organization that the past venue impacted showing the good citizenship and positive economic impact the event has had in other places where it has been held. b. Whether same or similar event has a history of causing or resulting in a threat to public safety in Miami Beach or elsewhere, except that if the public safety problem was caused by crowd reactions to the event's message, this factor alone, shall not be sufficient cause to deny or revoke a City special event permit. c. Material misrepresentation or incorrect material information made in the application process. Prior to a denial or revocation based on this factor, the City Manager shall give the applicant an opportunity to cure, satisfactorily rebut, or revise such evidence. d. Failure to complete payment of any sums required for a previous event until such time as payment is received. e. Failure to substantially perform a clean-up plan which was made a condition of a previous permit. f. Failure to adhere to City policy as prescribed by the Special Events Requirements and Guidelines, or other applicable laws where the health, safety and welfare of the community is potentially affected. 5. Promotional Value a. Is the event under consideration a high profile event with good name recognition and a good reputation? The evaluation must try to assess the importance of having the City and the event linked in the press. All positive results that may be derived from the association should be considered. It may be that the value of having the event lies in the other high profile events that traditionally follow this one. b. Also, positive publicity surrounding a high profile event may have had the effect of long term Special Events Requirements and Guidelines 12 407 increases in local tourism and free positive publicity for the area as a whole, increasing general business activity. 6. Enhanced Staffing Periods a. During periods of enhanced or unavailable staffing of City resources (Police, Fire, Code, Sanitation, etc.), The City has not accept applications for new events on public property. Such periods include the month of March, which coincides with college and high school spring break and existing events Winter Music Conference (and with it, the related Ultra Music Festival events), Winter Party, Miami Beach 13.1 and Funkshion Fashion Week. b. Some successful events held on private property during such periods may outgrow the capacity of the property and have a need for the City to consider allowing the event to expand onto public property in order to remain viable in The City. In an effort to maintain existing business, the City shall consider the following additional criteria in considering requests: • Whether or not the event producer has had a successful track record of obtaining special event permits and producing events in the City for no less than five (5) years with special event permits in a private venue and is in need of expansion. • Such applications would be considered on a first-come, first-serve basis, until such resources are no longer able to be reserved. • The event(s) could not occur concurrently on both private and public property. • The City will consider the event's long-term, short-term, and indirect effects on local economic industries, including but not limited to hotels, restaurants, entertainment establishments, retail, and the City. • The City will consider whether the event is compatible with the surrounding neighborhoods and complements the ambience and aesthetics of the area in which it is presented. • The City will consider the stress that such an event may place on various City services with expenses associated with additional crowd control, policing, security, parking, and traffic to be borne by the event producer. • The City will also consider the availability of these needed resources including time, people, money and equipment. • City services required for the event can be reasonably made available at the time of the proposed event. • The event must be approved by a 4/7 vote of the entire City Commission. No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as to time, manner and place on account of any message which may be conveyed at an event, or on account of the identity or associational relationships of the applicant. No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as to time, manner, or place on account of any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event, provided that reasonable accommodation as to time, manner and place may be required in order for the City to provide the resources necessary for protection of health, safety and welfare. No event applicant or permittee, shall be required to provide for, or pay for the cost of, public safety personnel necessary to provide for the protection of an event and its attendees from hostile members of the public or counter-demonstrators, or for traffic control outside the event area or for general law enforcement in the vicinity of the event. Ill. Criteria for Approval of Permit-After all required elements are completed, and City Departments and impacted neighborhoods have reviewed and submitted their comments regarding an application, the City Manager shall do the following: • Approve the permit; • Approve the permit with conditions; or Special Events Requirements and Guidelines 13 408 • Deny the permit upon conditions (as set forth in these Guidelines}. If the permit is approved, the City Manager, in consultation with the heads of the affected City Departments, shall also impose any necessary restrictions or conditions as to the time, manner and place to be observed in accordance with public safety, environmental and administrative considerations (based upon the application), provided that such considerations shall not include any consideration of the content of any speech or message that may be conveyed by such event, nor by any considerations concerning the identity or associational relationships of the applicant, nor to any assumptions or predictions as to the response that may be aroused in the public by the content of speech or message conveyed by the event. After the City Manager approves the issuance of a permit, the applicant may obtain such permit by agreeing to accept the 'Terms and Conditionsn imposed in accordance with these Guidelines. If the City Manager denies or subsequently revokes a permit, he will provide the applicant/permit holder with written notification and reasons for the denial/revocation of the permit (which shall be consistent with the criteria in these Guidelines). It is understood and inherent as part of the application process and agreed to by applicant upon submittal of the application, that application does not constitute approval and any and all marketing or production expenses incurred are solely the responsibility of the applicant and not the responsibility of the City regardless of the application's approval or denial. IV. Natural Disaster/Weather • The declaration of an emergency, threat or a natural disaster, including extreme weather or the existence of a national threat, shall be just cause for the denial or revocation of a Special Event Permit. Under extreme weather conditions, including lightning storms, the City may temporarily suspend all operations or cancel an event. C. STEP 3: External Review Procedure Special events in the City of Miami Beach are subject to review and recommendation by the corresponding neighborhood or business association(s) and/ or as part of a monthly Special Events Community Review. Applicants will be required to present their plans to the appropriate neighborhood association. In the case where there is no legally constituted/recognized association and the expected event attendance exceeds 200, the matter may be referred to the City of Miami Beach Planning Board for review and recommendation. Recommendations from the respective associations or the Planning Board, stating its position on the proposed event, should be submitted to the Special Events Office at least 30 days prior to the event. The City will only recognize neighborhood associations that have filed for and received official neighborhood status. In order to receive official neighborhood status, organizations must meet the City's criteria. The City's criteria and a list of recognized neighborhood associations can be found on the City's website at www.miamibeachfl.gov. The City Manager shall consider recommendations from neighborhood association(s) in determining whether to grant a Special Event Permit or what conditions to impose upon granting of the permit. Notwithstanding, the City, through the City Manager, reserves the right to approve, approve with conditions, deny, and/or revoke any Special Event Permit. Permits may not be transferred, assigned or sublet, without prior written approval of the City Manager. The final decision for authorization of a Special Event Permit remains with the City Manager subject to an appeal as follows. In the event of a lack of consensus between the neighborhood association(s) (or Planning Board) and the City Manager regarding a decision on a permit, the association(s} (or Planning Board) may appeal the Special Events Requirements and Guidelines 14 409 Manager's decision to the Mayor and City Commission for consideration at its next available meeting. The appeal must indicate in writing the association's (or Board's) reasons for disagreement with the Manager's decision in approving or denying the permit being appealed. Such appeal also must be accompanied by a written resolution of a majority of the board of the association (or the Planning Board) indicating the decision to file the appeal. The Mayor and City Commission may affirm, modify or reverse the decision of the City Manager. If the date scheduled for the proposed event arrives before the next available Commission meeting, the decision of the Manager will be final. If approval of the proposed event is delayed such that the event cannot be held on the date(s) and time(s) specified in the permit application, or if the event is not approved at all, the City will not be held liable for any expense(s), losses, or liabilities or other inconveniences incurred by the applicant as a result of same. D. STEP 4: Coordination of City Services Special events often require the supplementing or hiring of City services. The City's Special Events Office will review comments received during the internal and external review processes and will determine minimum staffing levels, with recommendations from the relevant Department directors. The City may also determine that enhanced City services are required during Major Event Periods (MEP's) in order to mitigate excessive stresses on City resources. In such instances, costs for enhanced services will be shared equally by and between all permitted events. The City assumes no liability arising or resulting from the determinations of minimum staffing levels or the requirements for any events. A list of frequently required services is provided herein. Fully paid receipts/invoices for required supplemental or City services and equipment rental must be submitted to the Special Events Office no less than two (2} weeks prior to an event. Any additional services rendered by the City for the event will be charged to the applicant and may be deducted from the security deposit. When City personnel are employed, there will be a four (4) hour minimum charge rendered by the appropriate Department to compensate each employee engaged by the applicant. II. ADHERENCE TO REGULATIONS AND OTHER POLICIES The City of Miami Beach reserves the right to provide services that it believes are necessary and sufficient to safeguard and ensure the health, safety and welfare for all participants, visitors, businesses, staff and general citizenry. All arrangements for services or facilities shall be staffed and paid for at two (2) weeks prior to load-in of the event. An applicant's budgetary constraints cannot dictate staffing levels required for public safety. In addition to compliance with all applicable Federal, State and County regulations, the applicant shall comply with all City codes, regulations, and laws. Any other permits, as may be required by the City of Miami Beach, Miami-Dade County, the State of Florida, or the Federal government, must be obtained and adhered to. It is the sole responsibility of the applicant to obtain all permits and comply with all requirements, including but not limited to those described herein. The City of Miami Beach, under no circumstances, guarantees, warrants or represents that the issuance of a Special Event Permit exempts the event from obtaining, or ensure the obtaining of, any permits or complying with any requirements which may be required currently or in the future by any Federal, State or local authorities, including other permits that may be required by the City. The City Manager has the authority to alter or end an event at any time it is determined necessary to assure the continued health, welfare and safety of the City's residents and visitors. Lack of compliance with the City Manager's directives, including but not limited to, audio volume and adherence to site plan, shall be sufficient cause to warrant an event's closing (or other remedies provided in the City Code or herein). Special Events Requirements and Guidelines 15 410 Issuance of a required Federal, State, or local permit does not authorize permission to hold an event. A City Special Event Permit must be issued to constitute authorization from the City to hold the activity. All pre-payment schedules for City services are due, as indicated, except the City reserves the right to waive this requirement for events which have an exemplary prompt payment history with the City established over the course of at least five (5) years. A. Vehicle Access Policy -Use of beaches, parks or pedestrian areas for event related vehicles should be minimized, and whenever possible, All Terrain Vehicles (A TV's}, all terrain gators, and/or golf carts should be utilized by event producers for events taking place on the beach or in pedestrian areas such as parks. Notwithstanding the above, certain events taking place on the beach, in parks or other authorized use areas may require vehicular access for the purposes of loading-in and out of equipment for the event, all such vehicles must be removed from such areas immediately thereafter. There is a vehicle access fee of $150.00, per vehicle, per event. Event producers may purchase a maximum of ten (10) Vehicle Access Permits per event, unless additional passes are approved by City Manager or his/ her designee. A Vehicle Access Permit will be issued by the Special Events Office and must be displayed on the windshield of every vehicle on the beach. For any beach access, all such vehicles must be escorted on and off the beach by either City of Miami Beach Police, Off-Duty Police or Ocean Rescue. All other authorized access uses (i.e. in City parks) may require escort by City of Miami Beach Police, Off-Duty Police, Ocean Rescue or other designated City employee(s). All vehicles will be restricted to the location(s) listed on the permit. All operating vehicles on the beach, park or other authorized use area shall follow the procedures listed herein: o Due care and caution will be utilized at all times while driving any vehicle on the beach, park or other authorized use area. o All vehicles on the beach, park or other authorized use area shall enter and depart the area 9eaGA- at the nearest access point to the call. o Prior to entering the beach, park or other authorized use area, vehicle headlights and overhead flashing lights (if equipped) or flashers will be turned on. o Drivers must turn off radios and shall roll down both the passenger and driver's side front windows of their vehicle while operating a vehicle on the beach, park or other authorized use area. o Maximum speed allowed on the beach, park or other authorized use area is 5 MPH. o Vehicles, SUVs, and trucks are prohibited from driving on the soft sand where hard pack sand exists. o Vehicles, SUVs, and trucks shall stay west of the garbage cans on the hard pack sand at all times. o Do not drive over hills or berms (dunes) or near objects that may obstruct your view. o If you stop and exit your vehicle, walk completely around the vehicle prior to reentering your vehicle and moving it. o Traffic cones (orange, 18" high) must be placed at the front and rear of vehicles when parked on the beach, park or other authorized use area. o Use of a cellular phone or walkie talkies while the vehicle is in motion is prohibited. o Personal vehicles are prohibited on the beach, park or other authorized use area at all times. These procedures are to be complied with at all times by anyone operating a vehicle on the beach, park or other authorized use area. Failure to comply with these procedures may result in immediate revocation of the permit and termination of the event. B. Booking Policy-Public locations are booked on a first-come, first-served basis, but a first priority will be given to pre-established, annual events, which are defined as those events having a minimum of five (5) consecutive years of existence in the City under the same ownership; which are in good standing (which includes being current on all prior debts); which have complied obligations in a timely fashion to the City; and which have demonstrated a positive economic impact on the City of Miami Beach. A special event shall not be booked if it interferes with a previously scheduled activity, event or repair work Special Events Requirements and Guidelines 16 411 scheduled for the proposed site. The City Manager may take into account simultaneously occurring events in the region or other factors that would impact the City's capability to host an event before approving an event. Dates and locations are reserved on a first-come, first-served basis upon submission of a completed Special Event Application and payment of the Application Fee. Applications are NOT considered as confirmed until all required documentation and payments, as specified in the City's Special Event Requirements and Guidelines, are received by the City. Dates and locations may be reserved on a Second Hold basis by another applicant if the Second Hold applicant's event is the same or higher level of class of event as the First Hold applicant's event (see Section VII, Special Event Class Matrix, for breakdown on classes of event permits and their respective requirements}. A Second Hold applicant may challenge a First Hold application, assuming the First Hold applicant is not a pre-established annual event with a minimum of five (5) consecutive years of existence in the City under the same ownership, if the City has not received all required documentation and payments, as specified in the City's Special Event Requirements and Guidelines from the applicant of the First Hold and only when the Second Hold applicant posts a cash bond in the amount equal to the estimated cost of City services at the time of the date challenge. If a Second Hold application provides this and requests a challenge of the First Hold applicant, the First Hold applicant will be required to post a cash bond in the amount equal to the estimated cost of City services (i.e. Off-duty Police, Off-duty Fire and Sanitation, etc ... ) within fourteen (14 days) of receipt of notice from date/location challenge from the City. If the First Hold applicant fails to provide the City with the specified cash bond within 14 days of receipt of notice, the Second Hold applicant will then have a First Hold on the dates and location. If both parties fail to post a cash bond, the dates and location are released and will be made available on a first-come, first served basis. Bonds: All bonds MUST be either an original bond executed by a surety company, or by cash, money order, certified check, cashier's check, Unconditional Letter of Credit (Form 0041 0), treasurer's check or bank draft of any national or state bank (United States), in the amount equal to the estimated cost of City services (i.e. Off-duty Police, Off-duty Fire and Sanitation, etc ... }, payable to City of Miami Beach, Florida, and conditioned upon the successful execution of the special event. Security deposit of the event producer shall be applied toward the costs of City services (off-duty police, off-duty fire, sanitation, etc.) hired by the event producer for the special event, or may be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the costs and expenses incurred should said event producer fail to execute the special event as specified in the Special Event Application and Permit. The time for execution of the special event and provision of the Bond may be extended by the City's Tourism and Cultural Development Director for good cause shown. I. Consecutive-Day Clause/ Limit of permissible events per venue -In no case shall a permit be issued to an applicant or venue, for substantially similar events, for more than four (4) consecutive days or five (5) non-consecutive days each during the course of a calendar year. A separate Special Event Permit shall be required for each individual venue of a multi-venue event. Certain public locations are appropriate for special events, but do not have certificates of use and occupancy defining their use. Such locations shall not be limited to the five {5) non-consecutive days per year limitation. Venues are limited to five (5) special event permits per calendar year. Citywide special events and conventions including, but not limited to, Art Basel, Winter Music Conference, and Miami International Boat Show, shall not count against this 5 special event permit annual limitation. Business or merchant associations are permitted to have events throughout the calendar year that promote and encourage patronage of the businesses in the geographic boundaries of the association. Special Events Requirements and Guidelines 17 412 These events may NOT be retail oriented and MUST be free and open to the general public. A Special Event Permit may be required for such events and shall be obtained by the association. Such approvals shall abide by the City's Special Events Requirements and Guidelines. The City Manager shall have the discretion to approve a Special Event Permit for events which exceed the consecutive day clause/ Limit of permissible events per venue, and shall also have the discretion to amend, modify or temporarily suspend the permit for such events. C. Concession Agreements-Unless calculated Square Footage fee (see D) is greater, all events which include retail sales or vending will be required to enter into a written concession agreement with the City. Beachfront and non-beachfront events shall provide 15% and 10% respectively of all gross revenues derived from admissions and the sale of food, beverages, and merchandise. In the case where a producer rents booths for the sale of food, beverage and merchandise, the gross rate shall be calculated on the rental and/or concession revenues received by the applicant or the gross revenue generated by the concessions regardless of whether the applicant derives direct or indirect financial gain from such revenue. Copies of concession agreements and full disclosure of all principals must be provided to the Special Events Office two (2) weeks prior to the event. A notarized statement, certified by a Certified Public Accountant (CPA), of the above referenced revenue, along with payment of the aforementioned percentage, must be provided to the City no later than thirty (30) days following the event. The Security Deposit on file will not be released until such statement and payment have been submitted to and accepted by the City. Under the terms of the agreements between the City of Miami Beach and its beachfront concessionaires , there exists exclusivity for rental of beach equipment, water and recreational equipment, food and beverage service on the beachfront, east of the coral rock wall at Pier Park (Biscayne Street to First Street); and east of the sand dune in Lummus Park (from Fifth Street to Fourteenth Lane); Ocean Terrace (73 Street to 75 Streets); and North Shore Open Space Park (79 Street to 87 Streets). Additionally, the City may enter into additional agreements in the future with beachfront concessionaires for other beachfront locations seaward of City-owned property and/or seaward of street-ends at public right-of- ways. Any proposed special event to be held on the beach within one of the aforestated concessionaire's jurisdiction is subject to review by the concessionaire. Notification to the concessionaire by the applicant must be in writing at least 60 days prior to the event. A copy of the applicant's agreement with the concessionaire or a letter of release from the concessionaire must be submitted to the Special Events Office at least thirty (30) days prior to the event. Up-land Concession Areas -The City issues licenses to operate beachfront concessions to up-land property owners (areas located behind private property) from Government Cut to 87 Terrace. A written release from upland owner concessionaires is required for events proposed behind private property that may interfere with these up-land concession areas and must be submitted to the Special Events Office at least thirty (30) days prior to the event. D. Use of Public Property-Unless Concession Agreement (see C) is greater, permit holders will be charged a net square footage rate of $.25 per square foot for public property occupied by the event for stages, booths, displays or areas restricted for exclusive use by the event. The Square Footage Fee will be calculated in the following manner: Enclosed Site: Aggregating the square footage of the total fenced area. Non-enclosed Site: Aggregating the square footage of the individual fixtures of the event (i.e. stages, booths, tents, display areas, bleachers, etc ... ). The City Manager may, in his/her discretion, waive this fee for events by not-for-profit corporations, or other event, when such waiver is found to be in the best interest of the City. In the case that the permit holder is operating under a concession agreement with the City, the net square footage rate may not be applicable. Special Events Requirements and Guidelines 18 413 E. Event Signage-Sponsorship banners and signage are allowed within the designated event site only and may be displayed only during the event. Banners must be immediately removed from the site following the event. I. Special Event Billboard Signs-Up to five (5) banners or billboard signs with a maximum size of 4'x8' may be approved for placement in designated public locations in the City. These signs are required to obtain Design Review approval from the Planning Department. A City application must be submitted to the Planning Department, no later than 60 days prior to the event. A Building Permit is also required prior to installation. II. Street Banners --Event advertising banners shall not extend or project over any portion of any street, or right-of-way. Ill. Lightpost Banners -Lightpost banners are permitted in the City when approved by the Planning Department and the City Manager for special events taking place in the City of Miami Beach, and by the City Commission, for special events held outside of the City of Miami Beach. The application process begins at the Planning Department for Design Review approval no less than 90 days prior to the special event. Approved lightpost banner design with the banner locations are then forwarded to the Special Events Office. A $50.00 per banner fee ($25.00 per banner fee if applicant is a 501 (c)(3) or other equivalent non-profit organizations and verified by state records) and $50.00 processing fee will apply. Lightpost banners on State Roads (i.e. 5th Street, Collins Avenue, 41st Street, etc.) require an additional permit from the Florida Department of Transportation. F. Grandfather Clause Notwithstanding the requirements described herein, the City recognizes the intrinsic historical, social, and cultural significance and importance of certain longstanding special events held continuously, on an annual basis, within the City. In recognition of such traditional longstanding events, special events in continuous annual operation since 1985 (Miami Beach Festival of the Arts and Art Deco Weekend) are herein deemed "grandfathered-in" solely for purposes of the following items and shall not be subject to these conditions: • Square footage fee; • Lummus Park user fee; • Street closure sign-off requirement; • Concession Agreement and User Fee; and • Security Deposit (Security Deposit will remain at $2,500). G. Resort Tax All events that include sales of food, beverages, alcoholic beverages, or wine are required to levy a two percent (2%) tax, as per Miami Beach City Code Chapter 102, Article IV. A copy of the aforementioned section of the City Code and the Special Event Resort Tax Return forms are available through the Special Events Office. It is the responsibility of the event producer to collect, complete the form and remit payment to the City. H. Sponsorship Requirements The following is a list of publicity and credit requirements for events or programs receiving financial or in- kind support from the City of Miami Beach: • Prominently display City of Miami Beach logo in all promotional marketing materials related to the event/program including, but not limited to, advertisements, brochures, websites, e-mails, newsletters, banners, posters, event programs, and other print and/or electronic publications. • Include the following credit line in all print news and press releases and broadcast media:"This event/program made possible with support from the City of Miami Beach" and include a quote from City of Miami Beach Mayor. • One full page full color ad in program guide Special Events Requirements and Guidelines 19 414 • Website link to www.miamibeachfl.gov. • Events/programs offering travel packages will also provide a link for to the following websites: o www. visitmiamibeach. us o www.miamiandbeaches.com • On-stage signage in a prime location (if applicable). • Provide a booth/display area at all events (if applicable). • Live announcement(s) during the event by emcee. All complimentary tickets provided by an event/event producer shall be consistent with the City Commission established policy for the distribution of tickets and the City's Administrative Guidelines for Distribution of any tickets. The City reserves the right to negotiate additional terms if in-kind and financial support is in excess of $25,000. Ill. Enforcement and Penalties. (a) Civil fine for violators. The following civil fines shall be imposed for a violation of this section: (1) First offense within a 12 month period a fine of $1 ,000.00; (2) Second offense within a 12 month period a fine of $2,500.00; and (3) Third offense and subsequent offenses within a 12 month period a fine of $5,000.00. (b) Enforcement. The code enforcement department or the Miami Beach Police Department shall enforce the provisions of this section. This shall not preclude other law enforcement agencies or regulatory bodies from any action to assure compliance with this section and all applicable laws. If a Miami Beach Police Officer or a Code Compliance Officer finds a violation of this section, the Miami Beach Police Officer or the Code Compliance Officer shall issue a Notice of Violation to the violator as provided in chapter 30 of this Code, as may be amended from time to time. The Notice of Violation shall inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, notice that the Violation may be appealed by requesting an administrative hearing within ten days after service of the Notice of Violation, and that failure to appeal the violation within the ten days, shall constitute an admission of the violation and a waiver of the right to a hearing. (c) Rights of violators; payment of fine; right to appear, failure to pay civil fine or to appeal. (1) A violator who has been served with a Notice of Violation shall elect either to: a. Pay the civil fine in the manner indicated on the Notice of Violation; or b. Request an administrative hearing before a special master to appeal the Notice of Violation within 10 days of the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the Notice of Violation shall be as set forth in sections 30-72 and 30-73. (3) If the named violator, after issuance of the Notice of Violation, fails to pay the civil fine, or fails to timely request an administrative hearing before a special master, the special master shall be informed of such failure by report from the Code Compliance Officer or the Miami Beach Police Officer. Failure of the named violator to appeal the decision of the Code Compliance Officer or the Miami Beach Police Officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master, and be treated as an admission of the violation, and fines and penalties may be assessed accordingly. {4) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. Special Events Requirements and Guidelines 20 415 (5) The Special Master shall adjudicate a violation upon failure to request an administrative hearing with ten (10) days of the issuance of the Notice of Violation, and shall be prohibited from hearing the merits of the Notice of Violation or consideration of the timeliness of the request for an administrative hearing. (d) Enhanced penalties. The following enhanced penalties shall be imposed, in addition to any mandatory fines set forth in (9)(a) above, for violations of this Section: ill If the offense is a fourth offense within the preceding 12 month period of time, in addition to the fine set forth in (9)(a), the property owner, event producer or permittee shall be restricted from receiving a Special Event Permit for a three (3} month period of time. ru If the offense is a fifth offense within six (6) months following the fourth offense, in addition to any fine set forth in (9}(a), the property owner, event producer or permittee will be restricted from receiving a Special Event Permit for a six (6) month period of time. The property owner, event producer or permittee shall be deemed a habitual offender. Ql The City Manager may decline to issue future Special Event Permits to such person or entity that have been deemed habitual offenders pursuant to this section for a period of one year, or such other period of time acceptable to the City Manager. (e) Violations of a Special Events Permit An issued special events permit will have terms and conditions intended to be followed by the event producer and/or permittee, unless specific arrangements are made only by the City Manager or his/her designee, in writing, after the event permit is issued. Should such conditions and/or arrangements be disregarded by the event producer and/or permittee, his or her vendors or participants, whether witnessed by City personnel or established by photographic or other evidence or testimony afterwards, the producer and/or permittee would be in violation of the special event permit and be subject to enforcement proceedings as provided by City Code and/or these guidelines. With the exception of violations for which no correction is possible (e.g. noise violation, commercial handbills, event without a required permit, etc.), if the violation is observed by City staff during the special event, the event producer/permittee will be given a time-certain opportunity (30 minutes or other time period as specified by the City Manager or designee) to correct the violation. Notwithstanding, the City retains discretion to proceed directly to the issuance of a notice of violation if the violation is egregious and/or violates conditions expressly provided for in the permit, or if a prior verbal warning for a violation of the Special Event Permit has already been provided. Multiple violations shall be treated as one instance when simultaneously observed. Examples of special event permit violations may include, but are not limited to the following, unless specified by the special event permit: violation of the noise ordinance; unauthorized use of public space; use of unpermitted structures or event elements; improper utilization of the Vehicle Access Pass policy; violation of Conditional Use Permit (CUP) approvals or conditions; violation of Florida Department of Environmental Protection (DEP), Miami-Dade Environmental Resource Management (DERM) or Florida Department of Transportation (FOOT) conditions; violation of regular or temporary occupant load; unauthorized use of branding, promotional activities or sampling; damaging public property without prior approval; or inability to effect proper sanitation plan. Any event that takes place without a special event permit or in an area that is ineligible to obtain a special event permit (e.g. specified non-conforming uses) cannot by its nature be corrected and must be cited and shut down immediately. The City may issue a verbal warning for first time violations in lieu of a first offense fine. Special Events Requirements and Guidelines 21 416 ----------~--~- Such fines are in addition to and separate from any violations issued by the City for noncompliance with other sections of the City Code. The event security deposit will be held until the appeal period has lapsed, the Special Master has made a determination on the case or to satisfy unpaid fines. The City may increase the security deposit requirement for any issued or future permit. The City reserves its rights to pursue alternate enforcement proceedings and penalties as provided for and allowed by law. IV. CITY OF MIAMI BEACH AGENCIES A. Building Department I. Building and Electrical Permits -Pursuant to the South Florida Building Code, the City's Building Department must issue a building permit for all special events involving temporary construction or the use of temporary electrical power., Examples of temporary construction include, but are not limited to, freestanding tents, stages, fences, bleachers, and electrical. The applicant must present a copy of the Building Permit to the City's Special Events Office at least fourteen (14) days prior to the event. II. Americans with Disabilities Act-All special events must be designed and operated in a manner to be in compliance with Chapter 553, Florida Statutes (the Florida Accessibility Code). The following checklist is provided for guidance as to how compliance must be achieved: 1. Ensure curb cuts and cross walks are kept free and clear for usage, with a continuous accessible route of 44 inches in width. 2. The Event producer must ensure that any nearby accessible on-or off-street parking ("handicapped parking") is not obstructed by vehicles loading/unloading equipment, etc. If such obstructions occur, the Event producer must see that such obstructions are removed immediately. Accessible parking spaces shall be connected to the site's continuous accessible route, with no obstructions between the accessible parking spaces and the curb ramps that serve those spaces. 3. Any and all accessible routes created and/or installed by the Event producer, or under the Event producer's supervision, must have no abrupt change in level in excess of Y.. inch. Where such changes in level are present, properly bevel the change in level at a 1:2 ratio or provide a ramp with a slope not to exceed a 1: 12 ratio. This is necessary to allow passage of wheelchairs or strollers and prevent tripping or the catching of walkers and canes. Any ramps provided must be in compliance with all Florida Accessibility Code requirements, including, but not limited to, requirements regarding edge protection, handrails, and surface. 4. Provide a smooth transition between temporary pathways and any ramps, sidewalks, streets, or parking lots. This means no change in level exceeding Y.. inch. Any change exceeding Y.. inch requires beveling at a 1 :2 ratio or the installation of a ramp with a slope not to exceed a 1:12 ratio. Any ramps provided must be in compliance with all Florida Accessibility Code requirements, including, but not limited to, requirements regarding edge protection, handrails, and surface. 5. All cashier counters (counters where money transactions occur) must be no higher than 36 inches maximum above finish floor, for a minimum length of 36 inches. 6. Maintain an accessible route for access to merchandise that is both within a vendor space, as well as merchandise not contained within a vendor space. If the overflow of merchandise for patron viewing is placed behind a booth, then provide adjacent access to the merchandise via a curb ramp, as well as the placement of a pathway with a stable and firm surface necessary for the use of wheelchairs and mobility aids. Special Events Requirements and Guidelines 22 417 7. Merchandise for display should be within a line of sight no higher than 48 inches for persons of short stature or wheelchair users. If merchandise is displayed higher than 48 inches, merchant must provide assistance to disabled customers in order to reach items. 8. All vendor spaces shall be located on an accessible route that is a minimum of 44 inches wide. 9. If tables and seating are provided for the consumption of food, all aisles adjacent to accessible fixed seating shall provide 30 inch by 48 inch clear floor space for wheelchairs. Where there are open positions along both sides of such aisles, the aisles shall be not less than 52 inches wide. 10. For wheelchair seating spaces provided at tables or counters, knee spaces at least 27 inches high, 30 inches wide, and 19 inches deep shall be provided. The tops of accessible tables and counters shall be from 28 inches to 34 inches above the finish floor or ground. 11. Where food or drink is served at counters exceeding 34 inches in height for consumption by customers seated on stools or standing at the counter, a portion of the main counter which is 60 inches in length minimum shall be provided in compliance with the requirements of Items #9 and #1 0 above, or service shall be available at accessible tables within the same area. 12. Where portable toilets are provided, an accessible route shall be provided to the toilets. Five percent {5%) of the total number of toilets must be accessible. If clusters of portable toilets are distributed throughout the site, then each cluster must have accessible units. 13. If general assembly seating or standing space is provided for audience members attending a public performance at a special event, reserved wheelchair seating must be provided. Such seating must be provided in a location that allows wheelchair users an unobstructed line of sight to the stage. If seating capacity accommodates greater than 300 persons, then accessible seating shall be dispersed throughout the venue. 14. All flyers and written promotional materials for the event should be made accessible to people with disabilities, including those with hearing and visual impairments. It is recommended that the following statement be included on promotional materials: "Call [your number followed by word "voice"] or the Florida Relay Service (TTY) at 711to request material in accessible format; sign language interpreter (5 days in advance), or information on access for persons with disabilities". Sign language interpretive services must be provided, if requested by the City five (5) days in advance of the event. 15. For performers who are disabled, all stages, show mobiles and dressing areas must be accessible. 16. All ADA considerations must be identified and detailed on the site plan. The site plan will be submitted to the Building Department Accessibility Plan Reviewer for approval. B. Code Compliance I. Field Inspector-The City may require the applicant to hire a Field Inspector and/or a Code Compliance Officer to serve as an overall on-site coordinator, whose responsibility will be to ensure that all services are provided, the event runs smoothly, and that all Federal, State and local rules, regulations and ordinances are complied with. Special event producers agree and understand that a Field Inspector and/or a Code Compliance Officer, which will report to and be under the direction of the City, may be required in order to ensure compliance, as approved by the special event permit, and the conditions imposed with the issuance of such permit. Enforcement includes all activities leading up to, including, and following the conclusion of permitted endeavors._Event producer further agrees and understands that any and all costs associated with such Field Inspector and/or Code Compliance Officer shall be borne by the producer and reimbursed to the City prior to refund of security deposit pursuant to Section A (VII) herein. Special Events Requirements and Guidelines 23 418 Field Inspector and/or Code Compliance Officer may be required for events with expected attendance of 1,000 persons or greater. Field Inspector/Code Compliance Officer requirement for all other events will be determined on a case by case basis. 11. Signs (Flyers) & Hand Bills -The City regulates the distribution of flyers, handbills or stickers. Specifically, distribution of handbills upon premises of another when requested not to do so is prohibited as per City Code Section 46-117, and placing or distributing any handbills on vehicles is prohibited as per City Code Section 46-118. Violations will be issued by Code Compliance for violations on public property and for handbills placed on automobile windshields carrying a fine of $50 for each sign (flyer} or handbill and a $23 removal charge per sign. Ill. Noise Ordinance -The City prohibits unreasonable and disruptive noise that is clearly incompatible with the normal activities of certain locations at certain times. Both the Miami-Dade County Noise Ordinance, Section 21-28 of the Code of Miami-Dade County, and City of Miami Beach Noise Ordinance, Article IV, Sections 46-151 to 46-162, are applicable and enforceable to both public and private property within the City. These Ordinances make it unlawful for any person to make, continue or cause to be made any loud, excessive or unusual noise. If the excessive noise occurs between the hours of 11 :OOPM and 7:00AM in such manner to be plainly audible at a distance of 100ft from the building, structure or vehicle in which it is located, this shall be prima facie evidence of a violation of the Ordinances. If a noise violation occurs, the enforcing Code Compliance Officer will require that the noise be lowered to an acceptable level. Failure to comply with a request from the Department of Code Compliance concerning violation of the Ordinances may result in the immediate revocation of a Special Event Permit and/or immediate cease and desist of event activity. C. Fire Department I. Off Duty Fire & Paramedic Services -Depending upon the type of event and estimated attendance, off-duty or private fire rescue personnel may be required at the expense of the applicant. As a general rule, a minimum of one paramedic for up to 1 ,000 people and two paramedics for up to 5,000 people, and a rescue unit for up to 10,000 people, which consists of 2 paramedics and a team leader, are required. Enclosed events and tents over 400 square feet may require off duty Fire Inspectors depending on the type of event and estimated attendance. The City of Miami Beach assumes no liability arising or resulting from the determinations of minimum staffing levels or the requirements for any events. The final decision for the minimum number of Fire Rescue/Prevention personnel required will be determined by the City's Fire Chief or his/her designee. II. Enclosed Events Site Plan And Occupant Load -Site plans for enclosed events requiring fencing or tenting must be submitted for review and approval to the City's Fire Department. Building Department permits cannot be issued until the Fire Department approves the event site plan. Non-substantial on-site adjustments to site plans may be made in consultation with and approval of the City's Fire Marshal, or his/her designee. The Fire Department requires a 20 foot emergency vehicle access lane between easternmost portion of the sand dune and any fencing or tents for all beachside events. Enclosed events are required to adhere to an occupancy number, as well as comply with the requirements determined by the City's Fire Department, once site plan is approved. A walk-through to verify that the actual setup meets with the approved plan will be conducted prior to the event opening. Event promoters are responsible for adhering to the determined occupancy number and any violation of the occupancy number can result in penalties and /or fines. Special Events Requirements and Guidelines 24 419 Ill. Fireworks Permit -All events, public or private, featuring a fireworks display or pyrotechnics must obtain a fireworks permit from the City's Fire Department. A written request for the permit must be submitted to the Fire Department at least 30 days prior to the event and approved no later than 11 days prior to the event. Following approval of the permit, the Fire Prevention Bureau will make a site inspection. A minimum of two (2) fire fighters will be required to be on-site from the time the fireworks are delivered at the site, until termination of the display and the removal of all fireworks and debris from the site. Payment for required fire personnel will be the sole responsibility of the applicant and must be made two (2) weeks prior to the event. The firm or individual responsible for setting up and setting off the fireworks must obtain a Comprehensive General Liability or Fireworks Display Liability Insurance policy (see Insurance Section for language and rating requirements). IV. Open Pit And Bonfire Permit -Separate permits are required for open pit and bonfires. Applications for a permit may be obtained from the Fire Department, and must be approved and paid to the City at least two (2) weeks prior to the event. These activities will require hiring off-duty fire personnel. Such activity on the beachfront is subject to Florida Department of Environmental Protection regulations governing heat transference and lighting during Marine Turtle nesting season (May 1-October 31). D. Miami Beach Convention Center On occasion, events, meetings and/or conventions taking place at the Miami Beach Convention Center (MBCC) may desire extending their production onto Convention Center Drive, between Dade Boulevard and 17 Street, and into the City's Preferred Parking Lot. In such event, the City considers this use an extension of the MBCC premises. As such, all City requirements including, but not limited to insurance, indemnity agreement, site plan, security plan, and sanitation plan will be incorporated into the respective event's agreement with the MBCC and will be coordinated by the MBCC. The MBCC will complete a special event questionnaire (please refer to attached Appendix C) and provide the Department of Tourism and Cultural Development a copy of all required documentation pertaining to the event for the department file. If street closures are requested, the Department of Tourism and Cultural Development will assist in coordinating this request, as well as all other items as may be required. E. Ocean Rescue Depending upon the location and type of event, estimated attendance, and hours of operation, off-duty lifeguards may be required. The Captain of the City's Ocean Rescue will determine the minimum number of lifeguards. F. Parking Department Overall Parking Plan -A comprehensive Parking Plan which identifies where parking is to be provided for event staff, equipment vehicles, and event participants, as well as the location and amount of accessible parking spaces must be developed, in writing, and approved by the City's Parking Director or his designee. Public parking resources may be supplemented with privately owned parking areas to accomplish this plan. All fees incurred through use of Parking Department resources, which may including meter rentals, off-duty enforcement officers or rental of lots, must be pre-paid in full no later than two (2) weeks prior to the event. • Valet ramping spaces are to be used exclusively for ramping and valet related operations. All other activities are explicitly prohibited. • Parking meters shall not be used for advertising or marketing related activities, unless associated with a special event as defined herein. Special Events Requirements and Guidelines 25 420 G. Parks and Recreation Department I. Facilities and Personnel -Many City of Miami Beach recreation facilities, amphitheaters, and parks are available for rent during non programmed hours for special events, and have specific fees, based upon hours of usage, including setup and breakdown times. Request for usage must be at least one month prior to the event. Rental payments for such facilities must be made two weeks prior to the event. Proof of payment must be submitted to the Special Events Office. Applicable user criteria will be available for park venues through the Parks & Recreation Department. Depending upon the venue, nature and scope of the event, the hiring of City of Miami Beach Parks and Recreation personnel may be required. A City facility (e.g., a building) used for a special event must be staffed by a City employee. Depending on usage, additional facility staff, janitorial service and electrical staff charges may be applicable. Payment for the staffing is the sole responsibility of the applicant, and must be received no later than two (2) weeks in advance of the event. II. User Fees Park User Fees - A special event impact fee will be imposed for all events taking place at a City Park including, but not limited to, Lummus Park, South Pointe Park, Collins Park, Flamingo Park, SoundScape and North Shore Open Space Park. Lummus Park includes the area east of Ocean Drive, the park itself, and the beachfront east of the park from 5-15 Streets. This supplementary user fee will be calculated at the rate of twenty-five (25%) percent of the total cost of City services for the event. These funds will be used exclusively for enhancements to those parks utilized by said events. Lincoln Road User Fee For events taking place on Lincoln Road, Lincoln Lane or the finger streets from Lincoln Lane South to Lincoln Lane North along Lincoln Road, a special event impact fee will be imposed. This supplementary user fee will be calculated at the rate of twenty-five (25%) percent of the total cost of City services for the event. These funds will be used to enhance Lincoln Road. Due to the unique characteristics of the 1100 block of Lincoln Road, impact fees derived from events taking place in this area shall be separated and used to enhance the 1100 block of Lincoln Road exclusively. H. Police Department I. Security Plan and Services -Depending upon the type of special event and estimated attendance, security personnel, such as off-duty police personnel and private security personnel, may be required. The Security Plan shall be prepared by the event producer in consultation with the Office of Special Events and the City of Miami Beach Police Department's Off-duty Office. The plan shall specify the number of off-duty officers or private security guards, if applicable, hired by or expected to be hired by the applicant. At the option of the applicant, the entire security personnel may be comprised of off-duty police personnel. Cost of off-duty police personnel is dependent on the number and rank required. As a general rule, if four or more officers are required, one must be a supervisor {sergeant or above}. Larger contingents of officers may require additional police supervisors. Payment for off-duty police services, based on the estimate, is required to be paid in full no less than two (2) weeks in advance of the event. Payment adjustments for off-duty police services, based on a final invoice, is required to be paid in full no more than two (2) weeks after the event. The Chief of Police or his designee will make the final determination of minimum levels of police Special Events Requirements and Guidelines 26 421 security. Any private security personnel contracted for by the applicant must be licensed by the State of Florida. If security personnel are to be hired, a list of names and license information must be provided to the City's Police Department no less than two (2) weeks in advance of the event. The City's Police Department may require additional security or off-duty police personnel for crowd control, traffic control and general security during the event. The minimum number of police personnel is dictated by the Off-duty Police Coordinator and is dependent upon the type of event, date of event, time of event, location of event, the site plan for the event, the type of entertainment during the event, whether alcohol is consumed at the event, and the estimated attendance at the event. • Overnight & Backstage Security --Applicants may contract, at their own expense, for off-duty police services or with private security guards for overnight and backstage security concerns. On- stage security will be handled by private security at the applicant's expense. • Marine Patrol-All water-based special events, or those activities likely to attract crowds to or near the water, must provide prior written notice to the Miami Beach Police Marine Patrol and Beach Patrol. Certain events may require prior written_authorization from the United States Coast Guard and may also require off-duty services and equipment from the City's Marine Patrol, Florida Marine Patrol, or United States Coast Guard, at the expense of the applicant. In such cases, written authorization is required no later than thirty (30} days prior to the event. • Police Escorts for Entertainment-If so requested, the City may supply police motorcycles or car escorts for entertainers. This service must be arranged in advance of the event and must be listed in the proposal for the event. The cost for this service is determined by the City's Police Department and will be at the applicant's expense. II. Street Closures -Certain streets within the City of Miami Beach may be temporarily closed to limit or exclude vehicular and/or pedestrian traffic prior to, during, and after any special event. Depending upon the location, additional approval may be required from Miami-Dade County or the State of Florida. The City Manger, in his/ her discretion, may also require applicants to provide "sign-offs" showing approval from a majority of landlords and/or residents (or their group representatives) whose direct vehicular access to buildings will be affected by the proposed closure. Regardless of the jurisdiction, the Chief of Police and the City's Public Works Director must first approve street closures with final approval retained by the City Manager. Requests for street closures must be made at least forty-five (45) days prior to the event. In closing a State street (i.e., 5 Street, Collins Avenue, 41 Street, Alton Road, 71 Street, and Harding Avenue) prior approval is required by the Chief of Police, City's Public Works Director, and City Manager. The application must be processed at least 30 days prior to the event. The applicant must then forward the completed application to the Florida Department of Transportation (FDOT) to receive the FOOT permit. FOOT must receive application at least 30 days prior to the event. In order to close a County street (i.e., Venetian Causeway/17th Street) the application will be forwarded to the Miami-Dade County Public Works Department by the City's Police and must be received at least 30 days prior to the event in order to send to the County for processing. Ill. Barricades & Electronic Signs -Barricades and electronic directional signs may be required, depending upon the location and/or site plan of the event, to cordon off the surrounding areas or to close streets to vehicular traffic. The City's Police Department, along with the Parking Department, will determine the number and location of barricades. The rental cost of barricades and electronic directional signs will be incurred directly by the event producer. Payment is the sole responsibility of the applicant, as is actual set-up and removal of Special Events Requirements and Guidelines 27 422 barricades on the event date(s). IV. Parade Requirements -The City Code defines "Parade" as any march or procession consisting of persons, animals, vehicles or any combination thereof, traveling upon any public way, within the territorial jurisdiction of the City. All parades must abide by Section 106-346 of the City Code. Pursuant to this Code Section, a separate permit to hold a parade must be obtained from the Chief of Police. The permit application must be filed not less than 15 days nor more than 90 days prior to the day on which it is proposed to be held, and simultaneously copied to the Special Events Office. The Chief of Police may revoke a parade permit at any time he determines the parade is to be conducted or is being conducted in violation of the terms of issuance. Any applicant aggrieved by the Chiefs decision may appeal it to the City Manager. V. Demonstrations, Pickets and Free Speech Activities -The First Amendment of the United States Constitution affords demonstrators the constitutional right to assemble and speak in a peaceful and orderly manner. Therefore, the City shall not require or issue permits for such activity. Demonstrations and pickets consist of activities which are generally performed in public in support of or against a person or cause and which may have the potential for impeding movement along a public right-of-way or other disruption. Organizers of such events are asked to submit a questionnaire, site plan, and to notify the City of Miami Beach Police Department Patrol Division Commander of their intentions, and to provide details of the planned activity in order to ensure the health safety and welfare for all concerned. If requested by the Special Events Office, a copy of an approved Police plan should be provided. There may be instances where the nature of the demonstration and/or the number of participants (including counter-demonstrators) will require restrictions in order to protect the health, safety and welfare of every citizen by means of providing crowd control, traffic control and general security to the public. Such restrictions will be communicated to the individual or group prior to the activity. The Special Event Permit Requirements do not apply to such activities. Demonstrations, Pickets and Rallies must abide by Section 1 06-346 of the City Code. I. Property Management Based on the electrical, engineering and/or plumbing impact of a special event on City property, the applicant may be required to hire City electricians, engineers or plumbers. J. Public Works Department Environmental Resource Management These items listed below are to intended help preserve the health and welfare of the City of Miami Beach's coastal areas. Vehicles • Vehicles allowed to access and remain parked on the beach during an event MUST display a temporary parking placard • All vehicle access to the beach is restricted. Access points MUST be identified by City staff for each event. • All vehicles shall require a police or beach patrol escort when crossing on to the hard pack (beach) and at all times east of the Erosion Control Line. • All vehicles should utilize lights and flashers when traveling on the beach Parking • Any vehicle parked on the beach shall be prevented from distributing fluids on the ground (sand) by the placement of an absorbent pad under the engine compartment -these pads shall be properly disposed off once the vehicle vacates the beach Special Events Requirements and Guidelines 28 423 • All vehicles parked on the beach shall have cones placed at the front and rear of the vehicle Fuel • The storage of any petroleum product or chemical shall be prohibited unless prior approval has been issued by the City -storage of such material shall be in accordance with life safety and environmental regulations-storage shall be in appropriate spill proof containers for type of chemical, shall be stored a significant distance away from any population, storage area shall contain signage identifying the storage site and indicating which type of chemicals are being stored -required clean up of any chemicals will be at the expense of the applicant • The fueling of vehicles on the beach (event site) shall be strictly prohibited unless given a special fueling permit where the applicant must act according to approved standards -fuel must be stored in spill proof containers etc. Such a permit is only approved by the City's Environmental Division. Temporary Construction • A site inspection, by the City, shall be required prior to and after an event to ensure that the event site and surrounding area has been restored to a clean and acceptable condition • When possible, tents shall be secured with water barrels in place of ground stakes -where ground stakes are used, the holes shall be filled, compacted and area raked or graded to restore to natural conditions • Any structures requiring permits from the City's Building Department or Public Works Department shall be required to be reviewed by the City or County Division of Environmental Resource Management (DERM) for potential environmental impacts Live Animals • The incorporation of animals in any special event shall require adequate ground cover under cages - material shall be absorbent in nature and not permit the transfer of fluids to the ground. Dune System • Absolutely no activity is permitted within protected dune area - a minimum of a 20' setback west of the west end of the dune and 20' east of the east dune line shall be required. • Pedestrian traffic to special events shall only use demarcated pathways and dune crossovers for ingress and egress to event site. • Directional signage must be provided when public access at a dune crossover is blocked. Beach Impacts (other) • Special Events occurring during hurricane season shall have an emergency evacuation plan that will go into effect within eight (8) hours of a hurricane warning and be completed within twenty-four (24) hours -all equipment, material, staff, staging, vehicles and associated appurtenances shall be removed from event site within the allotted time Right-of-Way Permit--A Right-of-Way Permit must be obtained when there is anchoring to or excavation of any right-of-way or City property. The method of anchoring or location of any excavation may be denied or altered by the City based on potential hazards to existing utilities. The cost for such permit will be pursuant to City ordinances (concerning work on the right-of-ways) and may include a cash bond based on estimated potential damage to City property. Proof of financial ability to cover estimated damages must be submitted to the Special Events Office. For events occurring on City streets or sidewalks, an inspector from the Public Works Department will inspect the area in question prior to the event for any hazards, potholes or damaged fixtures. Any problems will be repaired or noted. A visual inspection will take place following the event to identify any damage to City property caused by the event. Any identified damages in the City right-of-way, on termination of the permit, will have to be repaired by the event producer within a time specified by Public Works. If the producer fails to complete these repairs in a timely manner or wishes the City to complete such restoration work, then costs incurred by the City, including reasonable overhead expenses, will be deducted from the Security Deposit and the event producer will be charged for any, such costs not covered by the deposit (as per Section A Step 1 ). Special Events Requirements and Guidelines 29 424 K. Sanitation Department Applicants shall be solely responsible for cleaning the area during and after the event. Should the applicant choose, the City will provide personnel for this function. The cost of the clean-up will be calculated by the City, and will include dumping fees and equipment rental. Should an alternate cleaning service be contracted, the applicant shall be responsible for obtaining all necessary dumpsters, including separate dumpsters for single-stream recyclables. All arrangements and removal of garbage, trash, recyclables, and other debris are the sole responsibility of the applicant. A City permit authorizing placement of dumpsters must be obtained through the City's Sanitation Department, and submitted to the Special Events Office no less than two (2) weeks prior to the event. Applicants are required to meet sanitation standards to assure an adequate number of litter and recycling containers are on-site, and must encourage guests to comply with the City of Miami Beach's anti-litter efforts. At minimum, one recycling container is required per designated trash collection area. Glass containers and plastic straws are prohibited. Recycling efforts are encouraged. Applicants shall ensure that the event site is returned to its original condition within twenty-four hours. Failure to clean up after the event will result in a fine (as per Section Ill herein) issued to the event producer, as well as additional charges for City services. Applicants seeking use of public restroom facilities outside of standard operating hours may also be required to hire attendants to facilitate public restroom maintenance and supplies during the event. These services may be contracted through the Public Works Department Proof of payment must be submitted to the Special Events Office at least two {2) weeks prior to the event. V. OTHER AGENCIES A. The Miami Beach Visitors and Convention Authority (VCA) and Cultural Arts Council (CAC) The City of Miami Beach does not directly fund special and cultural events. The VCA and CAC utilize City funds for the purpose of special and cultural event funding. Approval of an application for funding by either the VCA and/or the CAC shall not constitute either expressed or implied approval of a special event permit by the City of Miami Beach. Should the VCA or CAC fund an event, the appropriate logo shall be incorporated in all event print advertising or promotional materials, as per the funding terms and conditions of the VCA and I or the CAC. B. Miami-Dade County • Permit for Temporary Food Sales -The Miami-Dade County Department of Business and Professional Regulations, Division of Hotels & Restaurants, sets forth rules and regulations for safe operation of temporary food service establishments. To obtain the necessary permits, sponsors or applicants must notify the Department of Business and Professional Regulations no later than three (3) business days prior to the event. A license fee for a 1-3 day event is $40.00 per vendor. • Beach Cleaning -Applicants desiring use of the public beach must arrange for the cleaning of the beach, prior to, as well as after, the event, as necessary. Beach cleaning may be arranged with the Miami-Dade County Parks Department or a private sanitation company approved by the Miami- Dade County Parks Department Proof that clean-up arrangements have been made must be submitted in writing to the Special Events Office at least two (2) weeks prior to the event. C. State of Florida • Department of Environmental Protection, Division of Beaches and Shores --If an event is to be held on the beach, a State Field Permit is also necessary for all temporary non-portable structures on the beach, east of the Coastal Construction Control Line. This would include, but not be limited to, the following types of temporary structures: stages, fences, tents, lighting and sound systems. A detailed site plan and written narrative description of all installations must be submitted Special Events Requirements and Guidelines 30 425 to the Special Events Office no later than 60 days prior to the event. As conditions of the State Field Permit, the State also calls for the protection of marine turtles during the marine turtle nesting season, beginning May 1, and ending October 31, in Miami-Dade County. Conditions relevant to areas east of the Coastal Construction Control Line (CCCL) include: structures to be constructed and left overnight, including temporary fencing, shall have 3 feet of vertical clearance and shall be located as far landward as possible; no lighting associated with the event is authorized after 9:00 pm without approval from the State of Florida; and permit holders may be required to hire turtle monitors from sundown to sunrise. Other conditions, as prescribed by the State may apply. Events requiring exemptions from any of the above marine turtle nesting conditions will need to provide the City with written approval from the State of Florida Wildlife Commission. Florida Statutes, Chapter 161, calls for the protection of beach dune systems and impose fines for damage caused to the natural dune systems along the Beach. It is the responsibility of the applicant to provide adequate security measures to ensure protection of the dune area from damage that may be caused by an event. • Division of State Lands--Depending on the type and nature of the event(s), the Division of State Lands has the right to negotiate a separate use agreement with the special event producer and will charge for the use of the land. This fee may include a contribution to the State Lands Trust Fund, as well as a use fee, and would require State of Florida Cabinet approval. If applicable, proof of the Division of State Lands approval shall be submitted to Department of Tourism and Cultural Development before a permit is issued. • Florida Marine Patrol -Any type of water activity held within the City of Miami Beach must give notice to the Florida Marine Patrol. Notice must be in the form of a letter, with a copy to the City provided no less than two (2} prior to the event. • Division of Alcoholic Beverages and Tobacco --If the event is being produced by a not-for- profit organization which desires to sell or serve alcohol, the organization must apply for a temporary liquor license from the State of Florida, Division of Alcoholic Beverages and Tobacco under Florida Statute 561.42. In order to obtain the license from the State, a letter of authorization must be obtained from the City. Prior to the issuance of this letter the following must be submitted: * * * Certificates of all applicable insurance including, general liability and liquor liability. A completed Indemnity Agreement. A signed letter on letterhead from the non-profit organization agreeing to have the temporary liquor license in the organization's name. • Florida Department of Transportation Lightpost Banners --Banners proposed to be placed on State Road lightposts require an additional permit from the Florida Department of Transportation, following Design Review approval from the City's Planning and Zoning Department and approval from the Miami Beach City Commission. Depending upon the scope and nature of the event, additional State permits may be required. D. Federal Government • Federal Aviation Administration -Any type of unusual air activity above the City of Miami Beach planned in conjunction with a special event, which has the potential to disrupt commercial air traffic, must be approved by the Federal Aviation Administration (FAA). Approval will be requested Special Events Requirements and Guidelines 31 426 through the City's Department of Tourism and Cultural Development on the applicant's behalf. • Coast Guard-Any individual or organization planning to hold a regatta or marine parade which, by nature, circumstances or location, will introduce extra or unusual hazards to the safety of lives on the navigable waters under the jurisdiction of the U.S. Coast Guard, shall submit an application to the Coast Guard District Commander having jurisdiction of the area where it is intended to hold such regatta or marine parade. Examples of conditions which are deemed to introduce extra or unusual hazards to the safety of life include, but are not limited to; an inherently hazardous competition; possible effect on the customary presence of commercial or pleasure craft in the area; any obstruction of navigable channel which may reasonably be expected to result; and the expected accumulation of spectator crafts. Where such events are to be held regularly or repeatedly in a single area by an individual or organization the District Commander may, subject to conditions set from time to time by him/her, grant a permit for such series of events for a fixed period of time, not to exceed one (1) year. The application shall be submitted to the Coast Guard no less than 30 days prior to the event. The application shall include the following details: 1) Name and address of sponsoring organization. 2) Name, address, and telephone of person or persons in charge of the event. 3} Nature and purpose of the event. 4) Information as to general public interest. 5) Estimated number and types of watercraft participating in the event. 6) Estimated number and types of spectator watercraft. 7) Number of boats being furnished by sponsoring organizations to patrol event. 8) A time schedule and description of events. 9) A section of a chart or scale drawing showing the boundaries of the event, various water courses or areas to be utilized by participants, officials, and spectator craft. Special Events Requirements and Guidelines 32 427 VI. SPECIAL EVENTS FEE SCHEDULE SPECIAL EVENTS FEE SCHEDULE (see VII Class Matrix for breakdown) Average aHendees per day Up !o 150 (no City services required) Up to 1499 (City services required) 1500 to 5000 attendees 5000+ attendees SPECIAL EVFNTS PERMITS Class G permit (public use) Application Fee $250.00 $250.00 $250.00 $250.00 Permit Fee $250.00 $250.00 $500.00 $500.00 Class C permit (private commercial propeny use only) Security Deposit $2,500.00 $5,000.00 $10,000.00 $20,000+ Application Fee Permit Fee Security Deposit $250.00 $250.00 $2500.00 Late Application Fee: $250.00· A late application fee, equivalent to the determined application fee per above, will be charged if application is received later than required deadline {60 days for events on public ro e ; 30 d s for events on rivate ro e ). REINSTATEMENT Fee: $250.00/ $500.00-A late submittal fee, equivalent to the determined permit fee per above, will be charged when requirements for approval of special event permit are not received in the Office of S ecial Events fourteen (14) do s before load in of event commences. Security Deposit: $2,500/$5,000/ $10,000/ $20,000+ -A refundable security deposit will be required no later than fourteen (14) days in advance of the event. Based on the scope and location of the event, a pre- and post-event site inspection may be conducted by the applicant and appropriate City personnel to determine existing conditions and evaluate potential damages, if any. Security deposits will be refunded approximately in 3- 4 weeks after event if all conditions are followed; public property is left in as good condition or better and without damage and all City invoices paid. Failure to comply with conditions imposed may result in forfeiture of the entire or art of de osit. Per Wedding/ Ceremony/ Team Building use Per team, per day (5 persons total in the same vicinity) TEMPORARY SAMPliNG PERMITS Permit Fee $2,000.00 OTHER SPECIAL EVLNT FFES Vehicle Access Pass: $150.00 per pass/per vehicle/per event. Security Deposit $2,500.00 Square Footage Fee: $.25 per square foot+ 7% Sales Tax (N/A with a Concession Agreement). AND/OR Concessions Agreement: o Beach Events: 15% of food, beverage, ticket sales and merchandise. o Non-Beach Events: 1 0% of food, beverage, ticket sales and merchandise. Taxes: You are required to a a 7% State sales tax and a 2% Resort Tax (on food and beverage only}. Special Events Requirements and Guidelines 428 33 Please remit the 2% Resort Tax pa_y_ment on a separate check. Park User fee: 25% of the total City Services not including administrative fees. Lincoln Road User fee: 25% of the total City Services not including administrative fees. Light Pole Banners Banners announcing special events either to be held in city or to be associated in some manner with the city, as determined by the city commission, may be erected up to 30 days prior to the event being announced and must be removed within seven (7) days after such event. Special event banners shall require prior approval by the city commission. Fees: • $50.00 per pole For-Profit/ $25.00 per pole Non-Profit . $50.00 administrative fee-per application Building Department Permit fees: Please contact the Building Department for fee schedule please call 305-67 7610 or visit www.miamibeachfl.gov. 0 Tent Permit; Fence Permit; Stage Permit; Electrical Permit; Bleachers Permit; Restroom !Port-a-lets) Pluming Permit; Pool cover Permit; Temporary Occupant Load. Police Department: For information on off-dutt Police S!;!rviq;!S please contact off-duty at 305-673-7823. Fire Department: For information on off-dutt Fire servi!;;es please contact off-duty Fire at 786-412-1076. Parking Meter Rentals: $10.00 per space or meter/per day+ plus administrative fees. Please contact the Parking Department at 305-673-7505 for more information. *** Application fees are not refundable; permit fees and security deposits are reimbursed if the event/activity is cancelled, denied, or postponed and given that public property is left in good condition and without damage and all City invoices paid. Failure to comply with restrictions imposed automatically forfeits the security deposit. ***Additional charges may apply. VII. Special Event Class Matrix Weddlng/Cer 15 emony Davs 150 $ - $ - $ -$ 125 $ • N Y N N Y Y N N N 6 hrs Special Event Class C1 Speci a I Event Class C2 Special Event Class Gl Specia I Event Class G2 Specia I Event Class G3 Specia I Event Class G4 15 Existing days Occ load $2 500 _$250 $2.50 $250 ~250 N 30 Temp. days Occ. Load $ 2.500 S 250 S 250 S 250 $ 250 Y 30 davs 60 150 $ 2 500 $ 250 $ 250 $ 250 $ 250 y days 151·1500 $ 5,000 $ 250 $ 250 S 250 $_ 250 Y 60 1501- davs 5000 S 10.000 $ 250 $ 250 S 500 $ 500 Y 60 da~ 5001+ $20000+ $ 250 _S_ 250 $ 500 $ 500 Y N v y v y y Special Events Requirements and Guidelines 429 y v v v v y y y y y N N 1 dav y y v y y y 1+ y v V Y N N 2 v y y y y y 7 v y y y y y 14 y y y y v y 14 + 34 RESOLUTION TO BE SUBMITTED 430 THIS PAGE INTENTIONALLY LEFT BLANK 431 COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving the donation of approximately 7,900 surplus chairs from the Miami Beach Convention Center to non-rofit or anizations. Key Intended Outcome Supported: N/A Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The Miami Beach Convention Center (MBCC) has approximately 7,900 surplus chairs available for donation. These chairs are blue vinyl cushions with chrome metal frames and are gangable, foldable, and stackable (see pictures are attached). These chairs are over twenty (20) years old and are a combination of both Kreuger and Vireo brands. These chairs were replaced on January 25, 2013 when the City purchased 15,000 black mesh chairs to include carts on from Mity-Lite to replace the blue chrome KruegerNirco chairs. The MBCC utilized the Public Surplus website to auction off the surplus chairs with minimal success. The chairs were placed on the public surplus website on both May 23, 2013 and July 3, 2013. The great majority of auction winners did not follow through with paying or arranging for the pickup of the chairs. A total of only 900 chairs out of the original amount of 8,800 were purchased at $5,524.00 and picked up. MBCC is now entering its busy season with insufficient storage area to properly service events. It is now in the best interest of both of the MBCC and City to donate the remaining 7,900 chairs. The City's Office of Community Services has assisted with reaching out to several non-profit organizations who are interested in accepting the chairs. Pursuant to Section 2-315(c) of the Miami Beach City Code, the City Manager or his/her designee shall have the authority to sell all surplus stock that has become unsuitable for public use. Additionally, the City Manager or his/her designee shall have the authority to donate surplus stock to another governmental entity, agency, or not-for-profit organization without placing the surplus stock for public sale if the donation serves a charitable or public purpose, the donation is in the best interest of the city, and the value does not exceed a replacement value of $25,000. MBCC is continuing to receive inquiries about chair donations and will work with the non-profit organizations on a first-come, first-serve basis. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Funds: 1 [J 2 3 4 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: I MaxSklar MIAMI BEACH 432 Account AGENDA ITEM _C_7_T~­ DATE ?--/(~ fJ ------------------------------------ m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Mem y Commission FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: A RESOLUTION OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROV NG THE DONATION OF APPROXIMATELY 7,900 SURPLUS CHAIRS FROM THE MIAMI BEACH CONVENTION CENTER TO NON-PROFIT ORGANIZATIONS. BACKGROUND The Miami Beach Convention Center (MBCC) has approximately 7,900 surplus chairs available for donation. These chairs are blue vinyl cushions with chrome metal frames and are gangable, foldable, and stackable (see pictures are attached). These chairs are over twenty (20) years old and are a combination of both Kreuger and Vireo brands. These chairs were replaced on January 25, 2013 when the City purchased 15,000 black mesh chairs, including carts, from Mity-Lite to replace the blue chrome KruegerNirco chairs. The MBCC utilized the Public Surplus website to auction off the surplus chairs with minimal success. The chairs were placed on the public surplus website on both May 23, 2013 and July 3, 2013. The great majority of auction winners did not follow through with paying or arranging for the pickup of the chairs. A total of only 900 chairs out of the original amount of 8,800 were purchased at $5,524 and picked up. MBCC is now entering its busy season with insufficient storage area to properly service events. It is now in the best interest of both of the MBCC and City to donate the remaining 7,900 chairs. The City's Office of Community Services has assisted with reaching out to several non-profit organizations who are interested in accepting the chairs. Pursuant to Section 2-315(c) of the Miami Beach City Code, the City Manager or his/her designee shall have the authority to sell all surplus stock that has become unsuitable for public use. Additionally, the City Manager or his/her designee shall have the authority to donate surplus stock to another governmental entity, agency, or not-for-profit organization without placing the surplus stock for public sale if the donation serves a charitable or public purpose, the donation is in the best interest of the city, and the value does not exceed a replacement value of $25,000. The following is a list of organization interested in accepting donated chairs from the City: ORGANIZATION QUANTITY CONTACT EMAIL Miami Beach TBD Donohue, JDonohue@dadeschools.net Senior Hi h John Miami Beach 200 Prie ues, 433 City Commission Meeting Donation of Convention Center Chairs September 11, 2013 Page 2 of 2 Teen Club First Care Home 1500 Services Ayuda/Happy Kids 100 Junior 620 Achievement of Greater Miami ASP IRA 1000 Biscayne Gardens 200 Elementary School Gratigny 200 Elementary Jewish 50 Community Services Fienberg-Fisher 150 K-8 Center Biscayne 200 Elementary School Abriendo Puertas 200 Valley Grove 50 Missionary Baptist Church Community 550 Habilitation Center Highland Oaks 100 Middle School Angel Backpack, 20 Inc. Teen Job Corps 5 Willie McClean, kerryann@firstcareservices.com Kerry ann Susi, Diana dianasusi@ayudamiami.org Hag a, chaga@jamiami.com Catherine Chaples, achaples@fl.aspira.org Aymet Lacavalla, marialac@dadeschools.net Maria Hag a, chaga@jamiami.org Catherine Goldfarb, Ela egoldfarb@jcsfl.org Zabala, Maria mzabala@dadeschools.net G. Costa, Maria Mcosta@dadeschools.net P. De La Torre, jcdelatorre@abriendopuerasfl.org JC Robinson, jprob@bellsouth.net Patricia Thomas, St7071 @att.com Sandy Bates, Ellie St7071 @att.com Maribel Lejobe@aol.com Arellano, Ruggiero, PVI73@aol.com Deborah MBCC is continuing to receive inquiries about chair donations and will work with the non- profit organizations on a first-come, first-serve basis. CONCLUSION The Administration recommends that the Mayor and City Commission approve the donation of 7,900 blue surplus chairs to non-profit organizations. JLM/KGB/MAS/AG T:'AGENDA\2013\September 11 \Commission Memo for Chairs.doc 434 •:;·· ·';', ;:, . ..- RESOLUTION TO BE SUBMITTED 438 THIS PAGE INTENTIONALLY LEFT BLANK 439 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving And Authorizing The Placement OfTwenty {20) Banners For The Miami Book Fair International, To Be Held November 22-24, 2013, In The City Of Miami, As Requested By The Applicant At The Following Locations: Fifth (5th) Street, Between Alton Road And Ocean Drive; Collins Avenue From Fifth {5th) Street To Tenth (101h) Street, Washington Avenue From Fifth (51h} Street To Lincoln Road, And Macarthur Causeway From Fountain Drive To Terminal Island; Said Banners To Be Installed No Earlier Than October 24, 2013, And Removed By November 25, 2013. Key Intended Outcome Supported: Maximize Miami Beach as a destination brand Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey reported nearly six out of ten residents (57%) rated management of special events as excellent or good, yet this figure is down from 70% in 2009. Residents of South Beach/Bella Isle and Mid Beach were more critical of management of special events. Item Summary/Recommendation: The City Code Section 82-411 (d) requires that the City Commission approve the installation of temporary banners for special events taking place outside the City. The purpose of the banners is to promote the Miami Book Fair International, which is produced by Miami Dade College, to be held at downtown Miami. This event will bring both tourists and book enthusiasts together for the weekend. The Administration recommends the City Commission approve the installation of the subject light pole banners for the Miami Book Fair International, to be held November 22-24, 2013, in the City of Miami, as requested by the applicant at the following locations: Fifth (51h} Street, between Alton Road and Ocean Drive; Collins Avenue from Fifth (5th) Street to Tenth (1 01h) Street, Washington Avenue from Fifth (5th) Street to Lincoln Road, and Macarthur Causeway from Fountain Drive to Terminal Island; said banners to be affixed to light poles in the public right-of-way, measuring 3 feet x 7 feet and having copy and design as shown on the attached drawings; to be installed and removed in accordance with all other applicable City requirements; banners to be installed no earlier than October 24, 2013, and removed by November 25, 2013. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Funds: 1 [J 2 3 4 OBPI Total Financial Impact Summary: The City will collect $550 in Banner Permit Fees. Ci Clerk's Office Le islative Trackin Max Sklar MIAMI BEACH JLM 440 AGENDA ITEM _C_7_ll.;...___ DATE f-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 DATE: September 11, 2013 SUBJECT A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PLACEMENT OF TWENTY (20) BANNERS FOR THE MIAMI BOOK FAIR INTERNATIONAL, TO BE HELD NOVEMBER 22-24, 2013, IN THE CITY OF MIAMI, AS REQUESTED BYTHEAPPLICANTATTHE FOLLOWING LOCATIONS: FIFTH (5TH) STREET, BETWEEN ALTON ROAD AND OCEAN DRIVE; COLLINS AVENUE FROM FIFTH (5Th) STREET TO TENTH (10TH) STREET, WASHINGTON AVENUE FROM FIFTH (5TH) STREET TO LINCOLN ROAD, AND MACARTHUR CAUSEWAY FROM FOUNTAIN DRIVE TO TERMINAL ISLAND; SAID BANNERS TO BE AFFIXED TO LIGHT POLES IN THE PUBLIC RIGHT- OF-WAY, MEASURING 3 FEET X 7 FEET AND HAVING COPY AND DESIGN AS SHOWN ON THE ATIACHED DRAWINGS; TO BE INSTALLED AND REMOVED IN ACCORDANCE WITH ALL OTHER APPLICABLE CITY REQUIREMENTS; BANNERS TO BE INSTALLED NO EARLIER THAN OCTOBER 24, 2013, AND REMOVED BY NOVEMBER 25, 2013. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The City Code Section 82-411 (d) requires that the City Commission approve the installation of temporary banners for special events taking place outside the City. The City Code requires Banners affixed to light poles or other similar structures on the public right-of-way shall be subject to the following regulations: (1) The right to install, as well as the number, location and method of installation of banners shall be subject to the design review process and approved by the city manager, or his/her designee for special events taking place in the city, and by the city commission for special events held outside of the city. a. (2) In considering whether to approve light pole banners for events held outside of the city, the city commission may, among other factors, consider whether the municipality or other governmental entity hosting that special event would reciprocate such action within its own jurisdiction for special events taking place in the city. 441 (3) (4) (5) (6} (7) Banners shall not exceed three feet in width by seven feet in length. Banners may be double-sided. The color, design and material of all banners shall be approved under the design review process. Banners directing the public's attention to a public institution or special district may be erected for an indefinite period, subject to being maintained in good condition and periodic review for appropriateness under the design review process. Any text shall be limited to a maximum of 25 percent of the total area of the banner, unless the text constitutes the overall image of the banner. Banners announcing special events either to be held in city or to be associated in some manner with the city, as determined by the city commission, may be erected up to 30 days prior to the event being announced and must be removed within seven days after such event. Special event banners shall require prior approval by the city commission. a. b. Text for special event banners shall be limited to the name of the event, the name of the sponsor and the date of the event. Any single corporate symbol or logo associated with the sponsorship of any special event shall be limited to five percent or one square foot of the total area of the banner, whichever is smaller; two or more symbols or logos associated with sponsorship shall be limited to ten percent, or two square feet of the total area of the banner, whichever is smaller. A performance bond shall be required to ensure the removal of the banners in case of advanced deterioration of the banners, or if a dangerous condition presents itself, the city may at its sole discretion direct banners to be removed at any time. The city shall require the sponsoring organization to provide a certificate of insurance that covers the sponsor's property as well as the property of city. This certificate of insurance shall be approved by the city's office of risk management. The purpose of the banners is to promote the Miami Book Fair International, which is produced by Miami Dade College, to be held at downtown Miami. This event will bring both tourists and book enthusiasts together for the weekend. CONCLUSION AND RECOMMENDATION The Administration recommends the City Commission approve the installation of the subject light pole banners for the Miami Book Fair International, to be held November 22-24, 2013, in the City of Miami, as requested by the applicant at the following locations: Fifth (5th) Street, between Alton Road and Ocean Drive; Collins Avenue from Fifth (5th) Street to Tenth (1 01h) Street, Washington Avenue from Fifth (5th) Street to Lincoln Road, and Macarthur Causeway from Fountain Drive to Terminal Island; said banners to be affixed to light poles in the public right-of-way, measuring 3 feet x 7 feet and having copy and design as shown on the attached drawings; to be installed and removed in accordance with all other applicable City requirements; banners to be installed no earlier than October 24, 2013, and removed by Nove~ 25, 2013. JLM\{cfs\Ms T:\AGENDA\2013\September 11\Book Fair Banenrs MEMO.doc Attachments: Exhibit "1"-Sample Banner Display 2 442 Nov.17-24 downtown • •• • ·miami Miami Dade College . 443 RESOLUTION TO BE SUBMITTED 444 THIS PAGE INTENTIONALLY LEFT BLANK 445 ----------------------------------------------------------- COMMISSION ITEM SUMMARY Condensed Title: A Resolution to Accept the recommendations of the Finance and Citywide Projects Committee to create enforcement procedures and fines for false fire alarms generated from commercial buildings in the City of Miami Beach. Key Intended Outcome Supported: Ensure Compliance with code within reasonable time frame Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: There is a need to establish an enforcement procedure and fine schedule for building owners having a high frequency of false fire alarms. The City of Miami Beach has provisions for fines of police related false alarms, but currently nothing in place for fire alarms. The other cities in the county already have an ordinance providing for a fine when there is a false fire alarm. The fire department has received over 700 false alarms during the last fiscal year, which translates to the fire department utilizing resources when no emergency existed. In addition, the constant false alarms create dangerous conditions in the buildings because occupants no longer take proper action in the event of a real alarm. Members of the Finance and Citywide Projects Committee modified the fire department's proposed fine schedule and the new fines will be incorporated in the ordinance. Adviso Board Recommendation: The Finance and Citywide Projects Committee discussed this item during the meeting on April 25, 2013. The Committee voted to move the recommendation b the Fire De artment. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin Si n-Offs: Department Director Assistant City Manager L/ MIAMI BEACH AGENDA tTEM _C_7_V __ DATE 9-/1-13 446 & MIAMI BEACH City of Miami Beach, 1700 Convention Cenler Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov COMMISSION MEMORANDUM TO Mayor Matti Herrera Bower and Me bers of ~mission FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO CREATE NEW PROCEDURES AND A FINE SCHEDULE FOR FALSE FIRE ALARMS GENERATED IN THE CITY OF MIAMI BEACH AND DIRECTING THE ADMINISTRATION TO PRESENT THE RECOMMENDED AMENDMENTS TO THE CITY COMMISSION FOR CONSIDERATION. BACKGROUND The Miami Beach Fire Department responds to all fire alarms initiated electronically by any building fire alarm system. The initial response consists of an engine company or ladder company and up to including a full alarm assignment. Many of these fire alarms are determined to be false fire alarms where there was no fire and no emergency. This is attributed mainly to poorly maintained fire alarm systems that generate a false alarm signal. When the fire department responds to a false fire alarm, resources are utilized when no emergency exists. This scenario can cause a delay to an actual fire emergency occurring somewhere else in the city. A false fire alarm is defined as a signal from a fire alarm system that elicits a response by the Fire Department when no actual or threatened fire-related emergency exists. Currently, the City of Miami Beach Code does not include provisions for enforcing false fire alarms with a citation and fines. The current process is to write a notice of violation to the building owner to repair the fire alarm system. Many times, more false alarms are generated before the system can be repaired. The current enforcement process is not encouraging building owners to take more immediate action and comprehensive evaluation of the fire alarm systems. More importantly, the constant fire alarms in a building have created an unhealthy and dangerous attitude from the occupants. The occupants assume that the alarm signal is going to be "false" and are refusing to evacuate the building. In the event of a real fire alarm, this behavior can lead to devastating consequences of occupant injury or death. In order to promote compliance and improve overall safety, the Fire Department staff is recommending establishing a fine schedule for false fire alarms, as is in place in Miami- Dade County and neighboring cities. t:\agenda\2013\september 11\reso fire false alarms memo.docx Page 1 of 2 447 ANALYSIS The fire department has analyzed the fire response calls during the last fiscal year (10/1/2011 to 9/30/2012) and identified eighty (80) buildings that reported 10 or more false alarms. PROPOSED NEW CITATIONS WITH FINES The Fire Department would like to establish an enforcement process that includes a fine ranging from ($250 to $1,000) in order to encourage the repeat offenders to achieve compliance as at faster pace than current procedures. The fines will not start until the third false alarm in a calendar year, which gives the building owner two opportunities to correct any deficiencies in the system. FINANCE AND CITYWIDE PROJECTS COMMITTEE This item was discussed in the Finance and Citywide Projects Committee on April 25, 2013. The Fire Chief presented the current situation and consequences of so many false fire alarms in the City. The Committee members voted to approve the recommendation of the ftre department with some minor changes in the fine schedule. CONCLUSION The new fines and enforcement process will help achieve compliance and promote safety of the occupants. As mentioned above, the constant false alarms have created an unsafe environment in these buildings where occupants are not taking appropriate action in the event of a real fire alarm. This behavior must be corrected before we have devastating results of occupant injury or death. JLM/JO/SFM t:\agenda\2013\september 11\reso fire false alarms memo.docx Page 2 of2 448 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO CREATE NEW PROCEDURES AND A FINE SCHEDULE FOR FALSE FIRE ALARMS GENERATED IN THE CITY OF MIAMI BEACH AND DIRECTING THE ADMINISTRATION TO PRESENT THE RECOMMENDED AMENDMENTS TO THE CITY COMMISSION FOR CONSIDERATION. WHEREAS, the Finance and Citywide Projects Committee discussed the Fire Department's recommendation to amend the Code of the City of Miami Beach, Chapter 50, entitled "Fire Prevention and Protection" to include procedures and fines pertaining to false fire alarms in the City of Miami Beach; and WHEREAS, the Finance and Citywide Projects Committee considered the Fire Department's recommendation during its meeting of April 25, 2013; and WHEREAS, the Fire Department presented that the goal of the new fine schedule is to reduce the number of false alarms generated by poorly-maintained fire alarm systems in commercial buildings; and WHEREAS, the false fire alarm fines will not apply to single-family homes; and WHEREAS, the Finance and Citywide Projects Committee voted in favor of the proposed new fine schedule and directed the Administration to make the necessary amendments to Chapter 50, and present the recommended amendments to the City Commission for consideration. 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 and approve the recommendations of the Finance and Citywide Projects Committee with regard to creating new procedures and a fine schedule for false fire alarms generated in the City, and direct the Administration to present the recommended amendments to the City Commission for consideration. PASSED and ADOPTED this _____ d.ay of~~~~~~-· 2013. ATTEST: Rafael Granado CITY CLERK T:IAGENDA\2013\September 11\Reso Fire False Alarms Resolution.doc 449 Matti Herrera Bower MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION COMMISSION ITEM SUMMARY Condensed Title: A Resolution to accept the recommendations of the Neighborhood/Community Affairs Committee to establish a new fine schedule for fire code violations in the Cit of Miami Beach. Intended Outcome Su orted: Ensure Compliance with code within reasonable time frame Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summa /Recommendation: There is a need to increase the current fines for nightclub overcrowding conditions and establish new fines for other fire code violations. The current fine of $200 for the first offense and $500 for subsequent offenses established in 1997 are not providing enough incentive for code compliance among some establishments. The City Code, Section 1 02, establishes a fee of $3.00 per person charged to the dance hall entertainment establishments. The nightclub fee collected from 10/1/2011 to 9/30/2012 was a total of $60,916.29. The current cost for nightclub inspections per year is roughly $110,000. The Administration proposes increasing this fee to $4.00 per person, which would generate $81,221, using the same number of establishments in the last fiscal year. The remaining cost can be recovered with the increased fines proposed. Board Recommendation: Neighborhood/Community Affairs Committee discussed this item on April 29, 2013. The Committee unanimous! moved the recommendation b the Fire De artment. Financial Information: Source of Funds: 1 2 OBPI Total Amount Account Financial Impact Summary: The proposed new inspection fee and proposed fines would be able to cover 85% of the cost and the remainder would be su orted b the eneral fund. islative Trackin : Department Director Assistant City Manager . MIAMI BEACH 450 City Manager AGENDA ITEM DATE C7W ~11-/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Me Jimmy L. Morales, City Manager /.tt-----::;:y-: _._..------.. September 11, 2013 A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO INCREASE THE CURRENT FINES AND TO CREATE A FINE SCHEDULE FOR NEW FIRE CODE VIOLATIONS AND DIRECTING THE ADMINISTRATION TO PRESENT THE RECOMMENDED CITY CODE AMENDMENTS TO THE CITY COMMISSION FOR CONSIDERATION. BACKGROUND There are over 120 nightclubs and bar/lounges operating in the City of Miami Beach. In addition, there are hundreds more assembly occupancies such as restaurants, ballrooms, meeting rooms, performance halls, etc. The Florida Fire Prevention Code ( FFPC), The Life Safety Code (NFPA 101 ), and the Miami Beach Code have specific requirements for the maximum number of occupants permitted in assembly occupancy as well as many other safety regulations. The requirements are mandated to prevent fires and to ensure that occupants can evacuate safely in the event of an emergency. The Fire Department continues to implement the Night Inspection Program since it started in the early 1990's. The night inspectors conduct random inspections of all the nightclubs and selected bar/lounges and restaurants. The main objective for the night inspections is to monitor that the establishment is not exceeding the maximum occupant load and exits are clear and accessible. The inspectors will issue a citation for these violations. The current fines are $200.00 for the first offense and $500.00 for the second and subsequent offenses. The current fines have not been increased since initial adoption in 1997. The Administration proposes to increase the current fines to encourage compliance and promote safety among the City's entertainment industry. PUBLIC COMMENTS The Fire Department presented the proposed fines to the Nightlife Industry Task Force (NITE) during a public noticed meeting on February 25, 2013. The members present offered a slight modification to the fine schedule to increase the locked exit fines for nightclubs and to separate the locked exit citations from impeded exit citations. The industry input has been implemented in the ordinance. Overall, the members present were in agreement that the higher fines must be implemented in order to protect the t:\agenda\2013\september 11\reso fire prevention fines memo.docx Page 1 of2 451 -------·--·--·------- industry against safety hazards that could result in death, injury, and/or property damage. NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE This proposed ordinance was discussed by the Neighborhood/Community Affairs Committee on April 29, 2013. Following discussion and comments from the public, the Committee unanimously approved the recommendation by the Fire Department. CONCLUSION The increase in fines for assembly (nightclubs and other venues) will encourage compliance at all times, but particularly when inspectors are not on duty. The higher fines will justify less frequent inspections and thus less cost to the City. The new fines for violators of common fire code requirements will achieve compliance at a faster pace and change behavior without going through the lengthy Special Master process. JLM/JO/SFM t:\agenda\2013\september 11\reso fire prevention fines memo.docx Page 2 of2 452 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO INCREASE THE CURRENT FINES AND TO CREATE A FINE SCHEDULE FOR NEW FIRE CODE VIOLATIONS AND DIRECTING THE ADMINISTRATION TO PRESENT THE RECOMMENDED CITY CODE AMENDMENTS TO THE CITY COMMISSION FOR CONSIDERATION. WHEREAS, the Neighborhood/Community Affairs Committee discussed the Fire Department's recommendations to create new fine schedule and increase existing fines for fire code violations during its meeting of April 29, 2013; and WHEREAS, the Neighborhood/Community Affairs Committee deliberated on the Fire Department's recommendation and considered input from the public during its meeting of April 29, 2013; and WHEREAS, the Fire Department presented that the goal of the new fine schedule is to obtain compliance with the City's Fire Prevention Code (codified in Chapter 50, entitled "Fire Prevention and Protection"), which will result in safer establishments in the City of Miami Beach; and WHEREAS, the Neighborhood/Community Affairs Committee voted in favor of increasing current fines and creating a fine schedule for new fire code violations and directed the Administration to present the recommended amendments to Chapter 50 of the Code of the City of Miami Beach for consideration by the City Commission. 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 and approve the recommendations of the Neighborhood/Community Affairs Committee with regard to amending Chapter 50 of the Miami Beach City Code to increase the current fines and to create a fine schedule for new fire code violations and direct the Administration to present the recommended amendments to the City Commission for consideration. PASSED and ADOPTED this ______ day of _______ , 2013. ATTEST: Rafael Granado CITY CLERK T:\AGENDA\2013\September 11\Reso Fire Prevention Fines Resolution.doc 453 Matti Herrera Bower MAYOR APPROVED AS TO FORM & LANGUAGE & FOti ECUTION ::c U1 COMMISSION ITEM SUMMARY Condensed Title: An ordinance amending Ordinance 2006-3504, Miami Beach Employees' Retirement Plan, for Communications Workers of America (CWA) bargaining unit members and members not covered by a collective bargaining unit, extending the DROP to five ears and eliminatin the bu back of prior creditable service. Ke Intended Outcome Supported: Item Summa /Recommendation: Second Hearing Public Meeting The City and CWA reached a three-year labor agreement covering the period October 1, 2012, through September 30, 2015, which calls for pension changes, in an effort to maximize the savings, the Administration is recommending that the same provisions apply to members not covered by a collective bargaining unit. (Employees belonging to the Unclassified and Others salary groups.) The pension changes include: extending the Deferred Retirement Option Program (DROP) for pre- 2010 members from three to five years and eliminating the ability to purchase prior creditable service effective September 30, 2013. The extension of the DROP yields saving to the City's ARC because participants are not eligible for the annual retiree COLA while in the DROP. In addition, there the decrease in the actual contributions the City makes since employees in the DROP are no longer earning retirement benefits. On average, there are 157 employees who elect to purchase additional creditable service each year. The actuarial impact to the City is significantly higher than what the member pays for the benefit. An updated impact statement from the plan's actuary, reflecting the savings attributable to these three salary groups will be rovided as a su lemental item, Financial Information: Source of Amount Funds: 1 FY2012/2013 Impact on salaries attributed to extending the DROP $ 8,000 (:w FY2013/2014 Reduction to the City's Annual Required Contribution to MBERP represented by 2 ($471 ,000) $584,000 in pension saving due to DROP extension which is offset by $113,000 in salary increases FY2014/20 Reduction to the City's Annual Required Contribution to MBERP payable October 1, 3 15 2015, represented by $855,000 in pension savings ($584,000 from DROP and {$448,000) $271,000 from elimination of buyback), which is offset by $407,000 in salary increases OBPI Total ($911 ,000) Financial Impact Summary: The full actuarial cost of purchasing two years of service to a 45 year old member with ten years of credited service and an annual salary of $60,000 is approximately $38,000; yet, the member pays $12,000 in either cash, accrued leave or a combination thereof. The difference of $26,000 ($4.082 million each year for 157 buybacks) is recognized as an experience loss and is funded by additional City contributions over time. The effect on the Annual Required Contribution (ARC) due to this member's service purchase is an increase of about $2,300 the first year after the buyback and for each of the 30 years thereafter. Based on trends, the average annual impact of $2,300 per member represents $361,000 to the City in each year (for 157 buybacks per year of which $271,000 is attributed to CWA, Unclassified and Others), yielding an increased savings in the long-term. The budget included $84,000 in increased salaries from excluding the DROP offset by pension savings of $233,000, based on the impact for CWA only. Estimates have since been refined and updated to include the impacts of Unclassified and Others, for an estimated salary increase of $113,000, offset by pension savings of $584,000 for a net savings of $471,000 for FY 2013/14. Assistant City M _, Kathie G, Brooks MIAMI BEACH 455 Jimm L. Morales AGENDA ITEM ---~.R~S_A-=_ DATE Cf-/J-13 & 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 Memdrf the City Commission Jimmy L. Morales, City Manage'/1-,j- September 11, 2013 SECOND HEARING PUBLIC READING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IMPLEMENTING PROVISIONS OF THE 2012-2015 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE COMMUNICATIONS WORKERS OF AMERICA1 (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. ADMINISTRATION RECOMMENDATION The Administration recommends approval of the ordinance. BACKGROUND In 2010, the Administration negotiated changes to pension benefits for then current and future employees who participate in the Miami Beach Employees' Retirement Plan (MBERP). These changes were included in the labor agreements entered into by the City with the: American Federation of State, County and Municipal Employees (AFSCME), Communications Workers of America (CWA), Local 3178, and Government Supervisors Association of Florida (GSAF). In keeping with the spirit of treating similar groups of employees consistently, these contractual changes were also applied to all members of the Plan not covered by a collective bargaining unit. The changes to MBERP implemented in 2010 included an increase of two percent to the employee's pension annual contribution. This increase was implemented for the general 456 Commission Memorandum September 11,2013 MBERP Pension Ordinance CWA 2nd Reading Page 2 of8 employee salary groups as follows: Unclassified and Others in January 2010, employees covered by the AFSCME and GSAF collective bargaining units in July 2010, and employees covered by the CWA collective bargaining unit in November 2010. The additional employee contribution remains in effect for incumbents in all salary groups except employees covered by the AFSCME collective bargaining agreement (CBA), which expired April 30, 2013, and the provision sunsetted. The Final Average Monthly Earnings (FAME) increased from two to five years for current (Tier A and Tier B members) and future employees (Tier C members), phasing in those members who were between two and four years from normal retirement age, so as not to adversely impact them. The change in FAME yielded a reduction of approximately $1.9 million in the City's annual Actuarial Required Contribution (ARC). Gabriel, Roeder and Smith (GRS), the actuary for MBERP, estimated that the change in FAME for all members will yield an annual savings ranging from $1.49 million to $2.275 million per year (approximately 2.12 percent of payroll) each year over the next ten years. Additional pension related changes were negotiated for all employees hired after September 30, 2010 (November 2010 for employees whose classifications are covered by the CWA collective bargaining unit). The changes for new employees (Tier C) included: • Normal retirement -Age 55 with a minimum of thirty years of creditable service, or age 62 with a minimum of five years of creditable service. • The early retirement date will be the date on which the member's age plus years of creditable service equals 75, with a minimum age of 55. • The FAME will be an average of the highest five (5) years of employment. • The benefit multiplier will be two and one half percent multiplied by the member's years of creditable service, subject to a maximum of 80% of the member's FAME. • The retiree Cost of Living Adjustment (COLA) will be one and one half percent per year, with the first adjustment deferred to one year after the end of the Deferred Retirement Option Plan (DROP). • The employee contribution will be ten percent of pensionable salary. • The standard form of benefit is a lifetime annuity. • Members who separate from City employment with five or more years of creditable service but prior to the normal or early retirement date will be eligible to receive a normal retirement benefit at age 62. • Employees will be eligible to enter the DROP at the normal retirement age specified above and may participate in the DROP for a maximum of five years. (The five year DROP is applicable to those CWA bargaining unit employees who were hired on or after October 27, 2010.) 457 Commission Memorandum September 11, 2013 MBERP Pension Ordinance CWA 2nd Reading Page 3 of 8 The annual savings toward the ARC and attributed to the changes for future employees beginning in FY 2011/2012, was approximately $900,000 (1.92 percent of payroll). GRS estimated that the City would realize an additional annual reduction of seven-tenths percent, per payroll in perpetuity. These savings will vary from a low of $910,000 in FY2011/2012 to as much as $5.995 million in FY2020/2021. The negotiating teams for the City and CWA began meeting in September 2012, to negotiate a successor agreement since the 2009-2012 collective bargaining agreement expired on September 30, 2012. After 15 negotiation sessions, on June 28, 2013, the City and CWA reached a tentative three year agreement covering the time period of October 1, 2012 through September 30, 2015. Shortly thereafter, 84 percent of the CWA membership that voted ratified the agreement. The City Commission did the same on July 17, 2013. Pursuant to the negotiated terms and condition of the agreement between the City of Miami Beach and CWA, the Administration proposed this ordinance amendment on first reading also at the Commission meeting on July 17, 2013. ANALYSIS The pension changes recently negotiated with CWA are expected to generate a savings toward the City's ARC, as well as savings applicable to the Unfunded Actuarial Accrued Liability (UAAL). The City is still negotiating with AFSCME and GSAF and the agreement with CWA is contingent upon negotiating a parallel provision regarding the elimination of the creditable service buyback provision with at least one of the two unions. Given that savings will be greater if changes apply to all members of the Plan, the pension changes negotiated with the CWA should also be implemented for those members not covered by a collective bargaining unit (Unclassified and "Others" salary groups). The City and CWA have agreed to the following: Extension of the Deferred Retirement Option Plan (DROP) A DROP is an arrangement used by many public organizations under which employees who would otherwise retire and collect benefits pursuant to the employer's defined benefit (pension) retirement plan continue working for a fixed number of years. Instead of having the compensation and additional years of service taken into account for purposes of the defined benefit plan formula, the employees have a sum of money, equal to their monthly retirement benefit, credited during their extended employment to an interest bearing account under the employer's retirement plan. No further contributions are made to the employees' pensions but as long as they remain in the DROP, they continue earning their full salaries and all other applicable incentive pays and employment benefits, if any. If these employees are not exempt from the provisions of the Fair Labor Standards Act (FLSA) they earn overtime if they work more than 40 hours in one week and they are also eligible for merit increases and salary COLAs in effective during their years in 458 Commission Memorandum September 11, 2013 MBERP Pension Ordinance CWA 2"d Reading Page 4 of 8 the DROP. When the employees leave at the end of the DROP period, they collect their deferred retirement benefit contributions from the interest bearing account. At that point, they start collecting the monthly benefits they earned based on earlier years of service under the defined benefit plan. While participating in the DROP, employees are not eligible for the retiree COLA. There are two reasons why the DROP yields savings to the City's ARC. The first, is that participants are not eligible for the annual retiree COLA The second is that there is a decrease in the actual contribution the City makes for each employee in the DROP. Currently, there is a three year DROP for Tier A and Tier B members and a five year DROP for Tier C (post-201 0) members. The City and the CWA have agreed to extend the DROP period for Tier A and Tier B (pre-201 0) members from three to five years effective July 17, 2013. The City intends to extend the DROP period to all pre-2010 members currently participating in the DROP, except for pre-2010 members covered by the AFSCME and GSAF collective bargaining units. Current DROP participants whose period ends between July 17, 2013 and July 16, 2016, shall be given a one-time opportunity to submit an irrevocable amended election form provided by the Board, within thirty calendar days from the effective date of the ordinance, extending their DROP to a maximum of five years. Members of the unclassified salary group must have their intent to extend their DROP periods approved by the City Manager. According to GRS, the total estimated impact from extending the DROP period for all pre-201 0 members represents a reduction in the present value of future benefits of approximately $7.8 million. This means the Plan would be expected to pay out $7.8 million less, in today's dollars, to current members of the Plan, (see Attachment 1 ). Based on the Actuarial Impact Statement provided by GRS (Attachment 1) if the amendment to the ordinance also applied to AFSCME and GSAF bargaining unit employees, the City's ARC payable on October 1, 2014, would be reduced by approximately $778,000. That savings includes a reduction in the amortization payments on the Unfunded Actuarial Accrued Liability (UAAL) of approximately $6.076 million over the next 30 years. The reduced payments on the UAAL will decrease the ARC by approximately $540,000 each year for the next 30 years. Additionally, the normal cost will decrease by approximately $238,000, which represents 0.34 percent of total covered payroll for all members or 0.38 percent of Tier A and B members' covered payroll. The reduction of 0.38 percent in Tier A and B members' covered payroll will continue until all such members have retired. The funded ratio will increase by approximately 0.6 percent. It is estimated that the CWA bargaining unit employees, unclassified and "others" salary groups comprise approximately 75 percent of the MBERP membership. Therefore, it is estimated that the pension changes applicable to these salary groups will yield a savings of $584,000 off the ARC payable on October 1, 2014. The City continues to negotiate with AFSCME and GSAF and the goal is to obtain consistent 459 Commission Memorandum September 11, 2013 MBERP Pension Ordinance CWA 2nd Reading Page 5 of 8 pension reforms for all of the general employees' salary groups. If successful, the City would realize the full savings of $778,000 from the ARC payable on October 1, 2014. The analysis provided by the pension actuary does not take into account the fiscal impact associated with salary earnings. By extending the DROP to five (5) years, long term employees, earning higher salaries, will remain employed with the City longer, requiring the City to pay their higher salaries for a longer period. However, since new employees would not be hired to replace those in the DROP, the City may accrue some savings since it will not be contributing toward retirement benefits. Quantifying the fiscal impact from a salary perspective is difficult since there is no true way to forecast assumptions regarding which employees will choose to extend their DROP participation and who will choose to separate. There are 53 members in the MBERP DROP. The following chart illustrates the effect on salaries if the DROP period is extended. To get to these numbers, the salary of each DROP member was compared to the entry level salary of a new incumbent in the classification ultimately affected by the DROP participant's retirement. For example, when a Lifeguard Lieutenant retires, his/her position becomes available to an incumbent in a feeder classification and the domino effect leads to the City ultimately hiring a new entry level Lifeguard I. In such an example, the impact is the difference between the Lifeguard Lieutenant's salaries and Lifeguard I entry level salary. For illustrative purposes, the assumption is that all current DROP participants whose period is extended take advantage of the opportunity and remain employed with the City. Note that the numbers related to pension savings and salary costs associated with these changes were refined between the first and second reading of the ordinance. The Administration has requested an updated Actuarial Impact Statement from GRS reflecting only the savings attributable to the three salary groups identified herein. The update will be provided as a supplemental item. FY 2012/13 FY FY 2013/14 FY FY 2014/15 FY Salary Group Eligible 2012/13 Newly 2013/14 Newly 2014/15 Total Incumbents Cost Eligible Cost Eligible Cost Incumbents Incumbents AFSCME 0 $ -3 $ 9,413 2 $ 52,696 $ 62,109 CWA 2 $7,590 5 $ 69,793 9 $261,212 $338,595 GSAF 0 $ -0 $ -2 $ 34,333 $ 34,333 Unclassified 0 $ -3 $ 43,145 9 $145,426 $188,571 Others 0 $ -0 0 $ -0 Total $7,590 $122,351 $493,667 $623,608 Total CWA and $7,590 $112,938 $406,638 $527,166 Unclassified 460 Commission Memorandum September 11, 2013 MBERP Pension Ordinance CWA 2nd Reading Page 6 of 8 Elimination of Two Year Past SeNice Option The CWA agreed to eliminate the provision that permits bargaining unit members to purchase up to two years of prior creditable service effective September 30, 2013, provided that either AFSCME or GSAF agrees to a parallel provision in their respective contracts. Currently, any member with five or more years of service can purchase up to two years of creditable service earned prior to the member's date of hire by the City. Such benefit is contingent upon the member not receiving a pension benefit for the same period under another retirement plan (§112.65, Florida State Statutes). Eligible prior service includes: (1) military service in the United States Armed Forces or Coast Guard; (2) full-time employment with another governmental entity; or (3) full-time employment in the private sector performing the same or similar duties the member performs for the City at the time of his/her additional service purchase. Members who exercise this option pay ten percent of their annual rate of pensionable earnings multiplied by the number of years and fractions of a year purchased. On average, there are 157 employees who elect to purchase additional creditable service in the MBERP each year. The true actuarial impact is significantly higher than what the member pays for the benefit. The ultimate cost of the prior creditable service purchase provision is measured by the difference between the full actuarial cost of the time purchased and the amount a member pays (e.g., ten percent of pay for each year purchased). The full actuarial cost to purchase the maximum of two years of service to a 45 year old member with ten years of credited service and an annual salary of $60,000 is approximately $38,000; yet pursuant to current provisions, the member pays $12,000. The difference of $26,000 is recognized as an experience loss and is funded by additional City contributions over time. The explanation in the previous paragraph assumes that all actuarial plan assumptions included in the Actuarial Valuation Report are met each year. The effect on the ARC due to this member's service purchase is an increase of about $2,300, for the first year. Based on trends, the average annual impact of $2,300 per member who exercises a two year prior service purchase represents $361 ,000 to the City each year based on an average of 157 buybacks per year, of which $271,000 is attributed to CWA, unclassified and others. This impact is compounded each year that buybacks are allowed as shown in the table below. FY 2013/14 backs FY 2014/15 B backs FY 2015/16 cks Total $271,000 $271,000 $271,000 $271,000 $542,000 $813,000 According to GRS, elimination of this benefit provides significant long-term savings to the plan although there will be losses due to service purchases in fiscal year ending September 30, 2013, that will be reflected in the October 1, 2013, Actuarial Valuation, since elimination of the service purchase provision will not be effective until September 30, 2013. 461 ---------------· ·----- Commission Memorandum September 11, 2013 MBERP Pension Ordinance CWA 2nd Reading Page 7 of 8 The Budget Advisory Committee's (BAC) Recommendation on Pension Reform Report from August 2012 included recommended policies and guidelines for the City to adopt in order to establish thresholds which, if not met, would require the City to take prompt and appropriate measures to meet the guideline criteria. At the July 17, 2013, City Commission meeting, the Commission approved Resolution No. 2013-28290, adopting the BAG's policies and guidelines in order to ensure long term pension reform. The adopted policy statements include, but are not limited to: • 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. • 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 • 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 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 boards shall be justified to the City Commission. When this ordinance is revised again, upon conclusion of negotiations with GSAF and AFSCME, the pension policies adopted via Resolution No. 2013-28290 will be incorporated. CONCLUSION The leadership negotiating for the CWA has agreed to the aforementioned pension changes. A contract ratification vote for the CWA membership was held on July 15, 2013. The results of the ratification vote resulted in 84 percent of the members who voted supported the proposed agreement. The Administration recommends amending Ordinance No. 2006-3504, the Miami Beach Employees' Retirement Plan by extending the DROP for pre-201 0 members from three to five years; and eliminating the two year past service buyback option for members covered by the CWA collective bargaining agreement, as well as the unclassified and "others" salary groups. Implementing the described changes for these three (3) salary groups, will provide additional pension savings in the short and long term. The City will continue to bargain with AFSCME and GSAF and seek pension savings applicable to all plan members. GRS prepared an Actuarial Impact Statement to be submitted to the State of Florida Division of Retirement which reflects the proposed changes to the MBERP ordinance 462 Commission Memorandum September 11, 2013 MBERP Pension Ordinance CWA 2nd Reading Page 8 of 8 for all plan members upon approval of the amended ordinance at first reading. Should the City not reach agreement with AFSCME and GSAF regarding parallel pension reform in their respective labor contracts, the Actuarial Impact Statement will have to be amended accordingly. Based on the foregoing, the Administration recommends that the City Commission approve the ordinc.r. ,,{ J LM/rdB/SC: T /CMG T:\AGENDA\2013\September 11\CWA\CWA 2012-2015 MBERP Pension DROP and Buyback Memo 2nd Reading.docx 463 GRS July 15, 2013 Ms. Carla Gomez <.abnd Ho..:dcr Smirh IX Cmnpam CuJ: ..,ul u:n-, 0:.. ,\.,__ 1 u~u :l\ Assistant Director, Human Resources City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 ATTACHMENT 1 On~ East Broward Blvd. Suite 505 Ft. Lauderdale, FL :tHOI·l ~04 95.:1.527.1616 phone 9.'i4.525 0081 fax www.gabrielrocder.cnm Re: Actuarial Impact Statement for Proposed Changes to the Miami Beach Employeest Retirement Plan Dear Carla: As requested, we have prepared the enclosed Actuarial Impact Statement showing the financial effect of the following proposed changes to the Miami Beach General Employees' Retirement System: I. The maximum period for participation in the Deferred Retirement Option Program (DROP) would be extended from three to five years for members hired before October l, 2010 (i.e., Tier A and Tier B members). This extension would apply to all active members in Tiers A and B who elect to participate in the DROP in the future as well as current DROP members. The 2.5% COLA is not payable while members are in the DROP. 2. The option for members to purchase up to 2-years of credited service would be eliminated. The Statement must be filed with the Division of Retirement before the final public hearing on the ordinance. Please have a member of the Board of Trustees sign the Statement. Then send the Statement along with a copy of the proposed ordinance to Tallahassee. With regard to item 2 above, the employer portion of the cost for members to purchase service is not prefunded. Therefore, eliminating the service purchase provision will not have an immediate financial effect on the Plan. When we prepare our annual valuation, any increases to the liability due to service purchased during the previous year are reflected in the net gain/loss for the year, which is amortized over 30 years. The ultimate cost of the current service purchase provision is measured by the difference between the full actuarial cost of the service purchased and the amount that members currently pay to purchase service (i.e., 1 0% of pay for each year purchased). As an example, the full actuarial cost to purchase the maximum of 2 years of service for a member who is currently age 45 with 10 years of credited service and an annual salary of $60,000 is approximately $38,000. Under the current provisions, the member pays $12,000. The difference of $26,000 is funded by additional City contributions over time. In this example, the effect on the annual required contribution due to the service purchase is an increase of about $2,300 for the first year. This assumes that all of our actuarial assumptions as described in the October I, 2012 Actuarial Valuation Report are met each year. The impact on the total gain/loss varies each year depending on the demographics and the specific benefit provisions that apply to members who purchased service. Eliminating the service purchase provision will mean that any losses due to service purchases will not occur in future years. Please note, however, that there will likely be losses due to service purchases in fiscal year ending September 30, 2013 that will be reflected in the October I, 2013 Actuarial Valuation, since elimination of the service purchase provision will not be effective until September 30,2013. 464 Ms. Carla Gomez July 15, 2013 Page2 Summary ofFindings • • The present value of future benefits decreases by approximately $7.8 million . The Plan would be expected to pay out $7.8 million less, in today's dollars, to current members of the Plan. This can be viewed as the total cost impact due to the extension of the DROP if the actuarial assumptions are met each year. There is a decrease in the first year Annual Required Contribution for the City that is comprised of a reduction in the amortization payments on the Unfunded Accrued Liability and a reduction in the normal cost. The Unfunded Accrued Liability decreased by approximately $6.1 million. This reduction will decrease the annual required contribution by approximately $540,000 each of the next 30 years. The first year normal cost will decrease by approximately $238,000 which is 0.34% of total covered payroll (0.3Wl/o of Tier A and B member covered payroll). The reduction of 0.38% of Tier A and Tier B member covered payroll wi11 exist until all Tler A and Tier B members have retired. The first year required employer contribution would decrease by approximately $778,000 or 1.19% ofNon-DROP payroll. The funded ratio will increase from 66.1% to 66.7%. Other Cost Consideratio• • As of October I. 2012 the Market Value of Assets exceeds the Acruarial Value by $2.07 million. This difference will be recognized over the next several years. Once all the gains and losses through September 30, 2012 are fully recognized in the Actuarial Value of Assets, the contribution rate will decrease by roughly 0.3% of non-DROP payroll unless there are further gains or losses. Additional Disclosures This report was prepared at the request of the City with the Board•s permission and is intended for use by the City and the Retirement Plan, and those designated or approved by them. This report may be provided to parties other than the City and Retirement Plan only in its entirety and only with their permission. This report is intended to describe the financial effect of the proposed plan changes. No statement in this report is intended to be interpreted as a recommendation in favor of the changes, or in opposition to them. This report should not be relied on for any purpose other than the purpose described above. The calculations in this report are based upon infonnation furnished by the Plan Administrator for the October 1, 2012 Actuarial Valuation concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not otherwise audit the data. We are not responsible for the accuracy or completeness of the information provided by the Plan Administrator. The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this report. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of Gabriel Roeder Smith & Company 465 Ms. Carla Gomez July 15,2013 Page 3 an amortization period or additional cost or contribution requirements based on the plan's funded status); and changes in plan provisions or applicable law. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. The undersigned actuaries are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Respectfully submitted, )·r~A.~.._ K. til~..._ /Jc;.__ Melissa R. Algayer, MAAA, FCA Enrolled Actuary No. 11 ~6467 Copy: Rick Rivera Enclosures Gabrid Roeder Smith & CnmpJny 466 -------------------------~~ -~~ SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan City of Miami Beach Employees' Retirement Plan Valuation Date October l, 2012 Date of Report July 15,2013 Report Requested by City of Miami Beach Prepared by Melissa R. Algayer Group Valued All active and inactive members. Plan Provisions Being Considered for Change Present Plan Provisions Before Change • Members hired before October 1, 2010 (i.e., Tier A and Tier B members) who become eligible for normal retirement may participate in the Deferred Retirement Option Program (DROP) for up to three years. The annual cost-of-living adjustment (COLA) of2.5% is not payable while members are in the DROP. • Members who have five or more years of service may elect to purchase up to two years of additional credited service at any time prior to retirement. Members who elect to purchase such service pay 1 0% of the annual rate of compensation multiplied by the number of years purchased. Proposed Plan Changes • Members hired before October 1, 2010 (i.e., Tier A and Tier B members) who become eligible for normal retirement may participate in the Deferred Retirement Option Program (DROP) for up to five years. Members currently participating in the three-year DROP may also continue participation for an additional two years (five years total). The annual COLA of2.5% is not payable while members are in the DROP. • The optional service purchase provision would be eliminated. 467 2 Participants Affected The extension of the DROP participation period would apply to members hired prior to October l, 20 l 0 (i.e., Tier A and Tier B members) who become eligible for normal retirement and current members participating in the DROP as the effective date of the amending ordinance. Elimination of the optional service purchase provision would apply to all active members after the effective date of the amending ordinance. Actuarial Assumptions and Methods To measure the impact of extending the DROP, the assumed COLA delay was increased from 2.75 years to 4 years for active Tier A and Tier B members. Additionally, the COLA delay was increased from 3 years to 5 years for members currently participating in the DROP. All other assumptions and methods are the same as shown in the October l, 2012 Actuarial Valuation Report. Some ofthe key assumptions/methods are: Investment return -8.0% per year Salary increase -4.5% to 7.0% depending on service Cost Method -Entry Age Normal Cost Method Amortization Period for Any Change in Actuarial Accrued Liability 30 years. Summary of Data Used in Report Same as data used in October 1, 2012 Actuarial Valuation Report. Actuarial Impact of Proposal(s) See attached page(s). Extending the DROP from three to five years will decrease the first year annual required contribution by $778,439 or 1.19% ofNon-DROP payroll. Since the employer portion of the cost for members to purchase service is not prefunded, eliminating the optional service purchase provision would not have an immediate financial effect on the Plan. Special Risks Involved With the Proposal That the Plan Has Not Been Exposed to Previously None Other Cost Considerations As ofOctober 1, 2012 the Market Value of Assets exceeds the Actuarial Value by $2.07 million. This difference will be recognized over the next several years. Once all the gains and losses through September 30, 2012 are fully recognized in the Actuarial Value of Assets, the contribution rate will decrease by roughly 0.3% of non-DROP payroll unless there are further gains or losses. 468 3 CITY OF MIAMI BEACH EMPLOYEES' RETIREMENT PLAN fmpact Statement-July 15, 2013 Description of Amendment The proposed ordinance incorporates the following plan changes: I. The maximum period for participation in the Deferred Retirement Option Program (DROP) would be extended from three to five years for members hired before October I, 20 I 0 (i.e., Tier A and Tier B members). This extension would apply to all active members in Tiers A and B who elect to participate in the DROP in the future as well as current DROP members. The 2.5% COLA is not payable while members are in the DROP. 2. The option for members to purchase up to 2-years of credited service would be eliminated. Funding Implications of Amendment Se attachments. Certification of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. For the Board of Trustees as Plan Administrator 469 4 ANNUAL REQUIRED CONTRIBUTION (ARC) A. Valuation Date October 1, 2012 October I, 2012 Increase/ Valuation Extend DROP from (Decrease) Three to Five Years B. ARC to Be Paid During Fiscal Year Ending 9/30/2014 9/30/2014 C. Assumed Date of Employer Contrib. I 0/112013 10/112013 D. Annual Payment to Amortize Unfunded Actuarial Liability $ 17,184,796 $ 16,685,042 $ (499,754) E. Employer Normal Cost 7,085,589 6,864,566 (221 ,023) F. ARC if Paid on the Valuation Date: D+E 24,270,385 23,549,608 (720,777) G. ARC Adjusted for Frequency of Payments 26,212,016 25,433,577 (778,439) H. ARC as % of Covered Payroll -Non-DROP Payroll 40.29 % 39.10 % (1.19)% -Total Payroll 37.56 % 36.45 % (1.11)% I. Covered Payroll for Contribution Year -Non-DROP Payroll 65,053,945 65,053,945 - -Total Payroll 69,782,689 69,782,689 - 470 5 ACTUARIAL VALUE OF BENEFITS AND ASSETS A. Valuation Date October I, 2012 October 1, 2012 Increase/ Valuation Extend DROP from (Decrease) Three to Five Years B. Actuarial Present Value of All Projected Benefits for I. Active Members a. Service Retirement Benefits $ 264,825,342 $ 258,655,513 $ (6, 169,829) b. Vesting Benefits 31,967,178 31,967,178 - c. Disability Benefits 7,271,899 7,271,899 - d. Preretirement Death Benefits 3,953,764 3,953,764 - e. Return of Member Contributions 631,843 631,843 - f. Total 308,650,026 302,480,197 (6, 169,829) 2. Inactive Members a. Service Retirees & Beneficiaries 409,347,392 407,731 '946 (1,615,446) b. Disability Retirees 12,377,127 12,377,127 - c. Terminated Vested Members 11,480,115 11,480,115 - d. Total 433,204,634 431,589,188 (1,615,446) 3. Total for All Members 741,854,660 734,069,385 (7, 785,275) c. Actuarial Accrued (Past Service) Liability per GASB No. 25 637,363,774 631,287,564 (6,076,210) D. Plan Assets I. Market Value 423,447,642 423,447,642 - 2. Actuarial Value 421 ,3 76,041 421,376,041 - E. Unfunded Actuarial Accrued Liability (C-02) 215,987,733 209,911,523 (6,076,21 0) F. Funded Ratio (02 -o-C) 66.1 % 66.7 % 0.6 % G. Actuarial Present Value of Projected Covered Payroll 543,825,043 543,825,043 - H. Actuarial Present Value of Projected Member Contributions 51,791,078 51,791,078 - 471 6 CALCULATION OF EMPLOYER NORMAL COST A Valuation Date October 1, 2012 October 1, 2012 Increase/ Valuation Extend DROP from (Decrease) Three to Five Years B. Normal Cost for l. Service Retirement Benefits $ 9,825,032 $ 9,604,009 $ (221 ,023) 2. Vesting Benefits 2,047,065 2,047,065 - " Disability Benefits 529,872 529,872 -.). 4. Preretirement Death Benefits 268,222 268,222 - 5. Return of Member Contributions 225,573 225,573 - 6. Total for Future Benefits 12,895,764 12,674,741 (221,023) 7. Assumed Amount for Administrative Expenses 694,180 694,180 - 8. Total Normal Cost 13,589,944 13,368,921 (221,023) % of Covered Payroll -Non-DROP Payroll 20.89% 20.55% (0.34)% -Total Payroll 19.47 % 19.16% (0.31)% c. Expected Member Contribution 6,504,355 6,504,355 - % of Covered Payroll -Non-DROP Payroll 10.00% 10.00% 0.00 % -Total Payroll 9.32% 9.32% 0.00 % D. Employer Normal Cost: 88-C 7,085,589 6,864,566 (221,023) % of Covered Payroll -Excluding DROP Payroll 10.89% 10.55% (0.34) % -Including DROP Payroll 10.15% 9.84% (0.31) % 472 7 PARTICIPANT DATA October 1, 2012 October 1, 2012 Valuation Extend DROP from Three to Five Years ACTIVE MEMBERS Number (Non-DROP) 1,049 1,049 Covered Annual Non-DROP Payroll $ 65,053,945 $ 65,053,945 Average Annual Non-DROP Pay $ 62,015 $ 62,015 Total Covered Annual Payroll $ 69,782,689 69,782,689 Average Annual Pay $ 63,209 63,209 Average Age 45.1 45.1 Average Past Service 9.8 9.8 Average Age at Hire 35.3 35.3 DROP PARTICIPANTS Number 55 55 Annual Benefits $ 2,994,703 2,994,703 Average Annual Benefit $ 54,449 54,449 Average Age 59.3 59.3 RETIREES & BENEFICIARIES Number 1,002 1,002 Annual Benefits $ 33,085,394 $ 33,085,394 Average Annual Benefit $ 33,019 $ 33,019 Average Age 71.1 71.1 DISABILITY RETIREES Number 43 43 Annual Benefits $ 1,117,160 $ 1,117,160 Average Annual Benefit $ 25,980 $ 25,980 Average Age 65.6 65.6 TERMINATED VESTED MEMBERS Number 63 63 Annual Benefits $ 1,343,444 $ 1,343,444 Average Annual Benefit $ 21,325 $ 21,325 Average Age 45.9 45.9 473 ORDINANCE NO. ___ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH~ FLORIDA, IMPLEMENTING PROVISIONS OF THE 2012w2015 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. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Section 2.26 of the Miami Beach Employees' Retirement Plan created by Ordinance 2006-3504, as subsequently amended, is hereby further amended as follows: 2.26 Deferred Retirement Option Plan (DROP) -A program under which a Member who has reached the normal retirement date may elect to retire for purposes of the Plan but continue employment with the City for up to thirty-six (36) months, and have his/her monthly retirement benefit paid into a DROP account during the DROP period, in accordance with Section 5.13. Notwithstanding the preceding sentence, effective July 17. 2013. Members within classifications in the CWA bargaining unit who were hired prior to October 27, 2010, and Members not included in any bargaining unit who were hired prior to September 10. 2010, may elect to retire for purposes of the Plan but continue employment with the City for up to sixty (60) months, and have their monthly retirement benefit paid into a DROP account during the DROP period, in accordance with Section 5.13. 474 Section 2. Section 5.13 of the Miami Beach Employees' Retirement Plan created by Ordinance 2006-3504, as subsequently amended, is hereby further amended as follows: 5.13 A deferred retirement option plan ("DROP") is hereby established for eligible Members, as follows: (a) Eligibility and participation: 1. A Member who attains the normal retirement date shall be eligible to participate in the DROP. 2. A Member's election to participate in the DROP shall be irrevocable. A Member may participate in the DROP only once. 3. An eligible Mem~er may participate in the DROP for a maximum of thirty-six (36) months. Effective July 17, 2013, Members within classifications in the CWA bargaining unit, who were hired prior to October 27, 2010, and Members not included in any collective bargaining unit. who were hired prior to September 10. 2010, may participate in the DROP for a maximum of sixty (60) months. 4. An eligible Member who elects to participate in the DROP must provide at least thirty (30) days' advance written notice to the City of his or her election to participate in the DROP. A Member who elects to participate in the DROP may elect to terminate DROP participation and City employment sooner than the maximum DROP period, with thirty (30) days' advance written notice to the City. 5. Effective July 17. 2013, any Member within classifications in the CWA bargaining unit, and any Member not included in any collective bargaining unit, who previously executed an election form entitling him/her to participate in the DROP for a period of less than sixty (60) months and whose DROP period ceases between July 1. 2013 and July 16, 2016, shalf have a one-time opportunity to submit an irrevocable amended election from provided by the Board, within thirty {30) calendar days following the effective date of this ordinance. extending his or her DROP period to a maximum of sixty (60) months in total. 2 475 (b) DROP plan features: 1. An eligible Member who elects to participate in the DROP will be considered to have retired for purposes of the Plan upon entry into the DROP, except that such Member shall be eligible to vote for and serve as an Employee member of the Board of Trustees during the DROP participation period. The Member's monthly retirement benefit, determined in accordance with the Plan based on years of creditable service and final average monthly earnings at the time the Member enters the DROP, will be paid into the Member's DROP account every month during the DROP period. 2. No Member contributions shall be required after a Member enters the DROP, and the Member will not accrue any additional creditable service or any additional benefits under the Plan after entering the DROP. No City normal cost contributions shall be required after a Member enters the DROP, and DROP participants shall be excluded from the covered payroll for the Plan. 3. A Member who elects to participate in the DROP shall not be eligible for disability or preretirement death benefits under the Plan; nor shall a Member be eligible for any post retirement adjustment provided in Section 5.10 during the DROP participation period. 4. A Member who elects to participate in the DROP shall retain the earned balance of annual and sick leave as of the date of entry into the DROP, and shall continue to earn annual and sick leave during the DROP period, in accordance with applicable City ordinances. Alternatively, at the time of entry into the DROP, a Member may request full or partial payment of the earned balance of annual and sick leave as of the date of entry into the DROP, up to the maximum allowed by applicable City ordinances for employees who terminate City employment, but reduced by the amount of annual and sick leave used for the purchase of additional credited service under section 4.03, if any, at the Member's rate of compensation upon entering the DROP; provided that the Member must retain at least 120 hours of accrued sick leave after any such payment. Upon termination of City employment, a Member who has participated in the 3 476 DROP shall be eligible to receive payment for the earned balance of annual and sick leave as of the date of termination, up to the maximum allowed by applicable City ordinances for employees who terminate City employment, but reduced by the amount of annual and sick leave for which payment was received upon entry into the DROP, if any; and further reduced by the amount of annual and sick leave used for the purchase of additional credited service under section 4.03, if any. In no event shall payments for accrued annual or sick leave be included in a member's Earnings for purposes of the Plan. 5. As a condition of participating in the DROP, the Member must agree to terminate City employment at the conclusion of the DROP period, and to submit an irrevocable letter of resignation stating this prior to entering the DROP. A Member who elects to participate in the DROP must also submit an irrevocable written DROP election prior to entering the DROP on a form provided by the Board. Notwithstanding the preceding sentence. eligible Members who are participants in the DROP on July 1. 2013, shall be given a one-time opportunity to submit an irrevocable amended election form. as provided in Section 5.13 (a) 5., extending the DROP period to a maximum of sixty (60) months in total. 6. At the conclusion of the DROP period and upon termination of City employment, the Member's monthly retirement benefit shall be paid to the Member in accordance with the Plan. In the event of the Member's death during or at the conclusion of the DROP period, a benefit may be payable in accordance with Section 5.07 8. Participation in the DROP is not a guarantee of City employment, and DROP participants will be subject to the same terms and conditions of employment that are applicable to employees who are not DROP participants. 9. During participation in the DROP, the Member's monthly retirement benefit will be paid into the DROP account, and shall be credited/debited with earnings/losses as provided herein. The Member may direct that their DROP account be invested in any of the investment options approved by the Board, on forms provided by the 4 477 Board. Any gains on the Member's DROP account investments shall be credited to the Member's DROP account; and any losses incurred by the Member shall be deducted from the Member's DROP account balance, and shall not be made up by the City or the Retirement Plan. A Member's DROP account shall only be credited or debited with earnings/losses while the Member is a participant in the DROP. 10. A DROP participant may designate a beneficiary or beneficiaries for his/her DROP account on a form provided by the Board. 11. Within thirty (30) days following a DROP participant's termination of City employment or death, whichever occurs first, the Member, or in the event of the Member's death the Member's designated beneficiary, may submit a written election on a form approved by the Board, to receive the Member's entire DROP account balance, which shall be distributed to the Member (or in the event of the Member's death, to the Member's designated beneficiary or estate in accordance with paragraph (b)9., below) in a cash lump sum, unless the Member elects to have all or any portion of an eligible rollover distribution paid directly to an IRA or eligible retirement plan specified by the Member in a direct rollover. Any such direct rollover shall be processed in accordance with Article 12 of the Plan. In the event a Member or designated beneficiary does not submit a written election to receive a distribution of the Member's DROP account balance within thirty (30) days following the Member's termination of City employment or death, the Member's DROP account shall ·be maintained by the Plan but shall not be credited with earnings/losses after thirty (30) days following the Member's termination of City employment or death. 12. If a DROP participant dies before his or her DROP account is distributed, the participant's designated beneficiary shall have the same rights as the participant with respect to the distribution of the DROP account. If the participant has not designated a beneficiary, the DROP account balance shall be paid to the Member's estate. 13.The Board of Trustees shall make such administrative rules as are necessary for the efficient operation of DROP, but shall not adopt any 5 478 rule that is inconsistent with this Ordinance or the Plan. 14.The DROP shall be administered so that the Plan remains qualified under the Internal Revenue Service Code and in compliance with applicable laws and regulations. Section 3. Section 4.03 of the Miami Beach Employees' Retirement Plan created by Ordinance 2006-3504, as subsequently amended, is hereby further amended as follows: 4.03 (a) A Member with five (5) or more years of creditable service may, at any time prior to retirement, elect to purchase up to a maximum of two (2) years of additional creditable service as provided in this section 4.03. Notwithstanding any provision of this Section 4.03. effective September 30, 2013, Members whose classification is included in the CWA bargaining unit and Members who are not included in any collective bargaining unit shall not be eligible to purchase additional creditable service under this section 4.03. The benefit multiplier that the Member is earning at the time of the election to purchase additional creditable service pursuant to this section 4.03 shall be applied to the additional credited service purchased. To be eligible to purchase additional creditable service under this section 4.03, a Member who previously elected to participate in the Defined Contribution Retirement System (401 (a) Plan) must first purchase all available creditable service in accordance with section 4.04. An eligible Member may elect to purchase additional creditable service under this section 4.03 for any of the following types of employment prior to the employee's date of hire by the City, provided that the Member may not purchase such service if the Member has received or will receive a pension benefit for the same period of employment under another retirement plan: 1. Active duty military service in the Armed Forces of the United States or the Coast Guard. 2. Full-time employment with another governmental entity. 3. Full-time employment in the private sector performing the same or very similar duties the employee is performing for the City at the time of his/her election to purchase additional service. (b) In order to receive the additional creditable service, the Member shall pay ten percent (1 0%) of his/her annual rate of pensionable Earnings, multiplied by the number of years and fractions of a year purchased, up to a total of two years. For the purpose of this section, the annual rate of pensionable earnings shall be the rate in effect on the date of payment and 6 479 shall include the annual amount of overtime pay for those Members whose overtime pay is included in Earnings. Payment shall be made in a single lump sum to the Plan within six (6) months following the date of the member's election to purchase the additional service. (c) For purposes of this section 4.03, Members may use the value of accrued sick and/or annual leave for the purchase of additional creditable service, as follows. Accrued sick leave may be used at the rate of 2 hours of accrued sick leave for the value of each hour used toward the purchase, provided that the Member must retain at least 120 hours of accrued sick leave after the purchase. Annual leave may be used at the rate of 1 hour of accrued annual leave for the value of each hour used toward the purchase. The total amount of sick and annual leave used for the purchase of additional creditable service under this section 4.03 shall be deducted from the maximum amount of leave allowed for payout to the Member upon termination of employment. (d) Members may pay for some or all of the cost of additional creditable service purchased pursuant to this section 4.03 by direct transfer or rollover of funds from a 401 (a) or 457 plan, provided the 401 (a) plan or 457 plan permits such direct transfers. (e) Notwithstanding the forgoing, Employees in classifications within the AFSCME bargaining unit and the GSA bargaining unit shall not be eligible to purchase additional creditable service under this section 4.03 unless and until a collective bargaining agreement is ratified that provides for such purchase. (f) Amounts paid or transferred to this Plan for the purchase of creditable service under this section 4.03 shall be considered accumulated employee contributions as that term is defined herein, and Members shall be 100% vested in such amounts. (g) Notwithstanding any other provision of this section 4.03, in no event may the maximum benefit percentage applicable to the member be exceeded as the result of any purchase of creditable service. Purchase of Creditable Service by Members Who Previously Participated in the Defined Contribution Retirement System. (a) Any Employee who previously elected to participate in the Defined Contribution Retirement System (401 (a) Plan) prior to the effective date of this Ordinance, and who becomes a Member of this Plan on or after the effective date of this Ordinance, may purchase Creditable Service under this Plan for all or a portion of the period of their 7 480 participation in the Defined Contribution Retirement System, by paying into the Plan an amount equal to the sum of the required employer and employee contributions to the Classified Plan or Unclassified Plan (whichever plan in which the Member was eligible to participate) for each fiscal year of service, or portion thereof, purchased, as reflected in the actuarial valuation report for that year; plus interest at the rate of 8.5 percent for Classified Employees and 9.0% for Unclassified Employees, calculated from the end of each applicable fiscal year through the date of payment. Notwithstanding the preceding sentence, for any Creditable Service purchased pursuant to this subsection (a) that relates to employment during the 2005-2006 fiscal year, if full payment for such service is made on or before May 1, 2006, the payment amount for such service shall be twenty percent (20%) of the Employee's earnings for the period purchased, with no interest on the amount paid for such service. In any event, full payment all service purchased pursuant to this subsection (a) must be made within six (6) months after the effective date of this Ordinance and cost estimates have been provided to the Employee, but in no event later than the last day of employment. In the case of an employee who elects to transfer or roll over assets from the Defined Contribution Retirement System to purchase creditable service pursuant to this subsection (a), the requirements of the preceding sentence as to such assets shall be satisfied by the employee's irrevocable authorization to transfer or roll over such assets, executed on or before the last day of employment. Each employee electing this option may purchase creditable service under this Plan for the period from the date the employee entered the Defined Contribution Retirement System through the effective date of membership in this Plan, or any portion thereof. If a Member elects to purchase less than the full period of participation in the Defined Contribution Retirement System, the first period of purchase shall be for the same fiscal year in which the Employee was first authorized to purchase service pursuant to this subsection (a), the second period of purchase shall be for the immediately preceding fiscal year and so on, until the Member purchases the amount of creditable service desired. A Member shall not be permitted to select those years that result in the lowest purchase amount. Notwithstanding any other provision of this section 4.04, in no event may the maximum benefit percentage applicable to the member be exceeded as the result of any purchase of Creditable Service. (b) Any Employee who previously elected to participate in a defined contribution retirement plan established for employees of the Miami Beach Visitor and 8 481 Convention Authority, the Classified Plan, the Unclassified Plan or the City Pension Fund for Firemen and Policemen, prior to the effective date of this Ordinance, and who becomes a Member of this Plan on or after the effective date of this Ordinance, may purchase Creditable Service under this Plan for all or a portion of the period of their participation in such defined contribution retirement plan on or after October 18, 1992, during which such Member was employed on a regular basis for thirty (30) or more hours per week, by paying into the Plan an amount equal to the sum of the required employer and employee contributions to the Classified Plan for each fiscal year of service, or portion thereof, purchased, as reflected in the actuarial valuation report for that year; plus interest at the rate of 8.5 percent calculated from the end of each applicable fiscal year through the date of payment. Notwithstanding the preceding sentence, for any Creditable Service purchased pursuant to this subsection (b) that relates to employment during the 2005-2006 fiscal year, if full payment for such service is made on or before May 1, 2006, the payment amount for such service shall be twenty percent (20%) of the Employee's earnings for the period purchased, with no interest on the amount paid for such service. In any event, full payment all service purchased pursuant to this subsection (b) must be made within six (6) months after the effective date of this Ordinance and cost estimates have been provided to the Employee, but in no event later than the last day of employment. In the case of a Member who elects to transfer or roll over assets from a defined· contribution retirement plan established for employees of the Miami Beach Visitor and Convention Authority, the Classified Plan, the Unclassified Plan or the City Pension Fund for Firemen and Policemen to purchase creditable service pursuant to this subsection (b), the requirements of the preceding sentence as to such assets shall be satisfied by the Member's irrevocable authorization to transfer or roll over such assets, executed on or before the last day of employment. If a Member elects to purchase less than the full period of participation in the defined contribution retirement plan, the first period of purchase shall be for the same fiscal year in which the Employee was first authorized to purchase service pursuant to this subsection (b),the second period of purchase shall be for the immediately preceding fiscal year and so on, until the Member purchases the amount of creditable service desired. A Member shall not be permitted to select those years that result in the lowest purchase amount. Notwithstanding any other provision of this section 4.04, in no event may the maximum benefit percentage applicable to the Member be exceeded as the result of any purchase of creditable service. (c) A Member who elects to purchase creditable service under this section 4.04 may pay for such service in one or a combination of the following manners: 9 482 (1) Direct transfer or rollover from the Defined Contribution Retirement System, 457 plan or other eligible plan in accordance with Section 11.03, provided the other retirement system or plan permits such direct transfers or rollovers for the purchase of creditable service under this Plan. The full value of assets, including any outstanding loans, transferred from a Member's account in the Defined Contribution Retirement System, or from a defined contribution retirement plan established for employees of the Miami Beach Visitor and Convention Authority, the Classified Plan, the Unclassified Plan or the City Pension Fund for Firemen and Policemen that permits such direct transfers or rollovers for the purchase of creditable service under this Plan, will be credited toward the purchase of creditable service under this section 4.04. A Member must payoff any loan balance existing at the time of transfer from the Defined Contribution Retirement System, or from a defined contribution retirement plan established for employees of the Miami Beach Visitor and Convention Authority, the Classified Plan, the Unclassified Plan or the City Pension Fund for Firemen and Policemen, by making payments to this Plan in the same manner and at the same rate of interest as the payments that were made to the Defined Contribution Retirement System or defined contribution retirement plan prior to the transfer. In the event full payment of all outstanding loan balances is not made prior to termination of employment, the Member's creditable service shall be adjusted to reflect the payments actually made. (2) Cash Payment. (3) A Member who is employed by the City at the time creditable service is purchased pursuant to this section 4.04 may use the value of accrued sick and/or annual leave as follows. Accrued sick leave may be used at the rate of 2 hours of accrued sick leave for the value of each hour used toward the purchase, provided that the Member must retain at least 120 hours of accrued sick leave after the purchase. Annual leave may be used at the rate of 1 hour of accrued annual leave for the value of each hour used toward the purchase. The total amount of sick and annual leave used for the purchase of additional creditable service under this section 4.04 shall be deducted from the maximum amount of leave allowed for payout to the Member upon termination of employment. (c) Amounts paid or transferred to this Plan for the purchase of creditable service under this section 4.04, excluding any outstanding loan balances, shall be considered accumulated employee contributions as that term is defined herein, and Members shall be 100% vested in such amounts. 10 483 (d) Notwithstanding any other provision of this section 4.04, the provisions of this section 4.04 shall not apply to Employees within classifications in the AFSCME and GSA bargaining units until a collective bargaining agreement containing such provisions is ratified. If a collective bargaining agreement applying the provisions of this section 4.04 to Employees within classifications in the AFSCME or GSA bargaining units is ratified on or before April 1, 2006, for any Employee who purchases Creditable Service purchased pursuant to subsection (a), above, that relates to employment during the 2005-2006 fiscal year, and makes full payment for such service within sixty (60) days following ratification of the collective bargaining agreement, the payment amount for such service shall be twenty percent (20%) of the Employee's earnings for the period purchased, with no interest on the amount paid for such service. Purchase of Creditable Service by Members Who Previously had Creditable Service Under the Classified Plan. Any Member who previously had creditable service under the Classified Plan but who separated from employment as a Classified Employee prior to becoming fully vested in the Classified Plan, may purchase Creditable Service under this Plan for all or a portion of the period of their creditable service under the Classified Plan, by paying into the Plan an amount equal to the sum of the required employer and employee contributions to the Classified Plan for each fiscal year of service, or portion thereof, purchased, plus interest at the rate of eight and one-half percent (8.5%) from the end of each applicable fiscal year through the date of payment. Full payment must be made within six (6) months after the effective date of this Ordinance. Notwithstanding any provision of this section 4.05, this section 4.05 shall have no application to persons employed by the Miami Beach Visitor and Convention Authority, the Classified Plan, the Unclassified Plan or the City Pension Fund for Firemen and Policemen on the effective date of this Ordinance, Section 4: Conflicts and Severability. (a) All Ordinances, and parts of ordinances, in conflict herewith shall be and the same, are hereby repealed. (b) In the event any article, section, paragraph, sentence, clause, or phrase of this Ordinance shall be adjudicated invalid or unconstitutional, such adjudication shall in no manner affect the other articles, sections, paragraphs, sentences, clauses or phrases of this Ordinance, which shall be and remain in full force and effect as fully as if the item so adjudged invalid or unconstitutional was not originally a part hereof. 11 484 Section 5. Effective Date. This Ordinance shall take effect the_ day of , 2013. PASSED and ADOPTED by the City Commission of the City of Miami Beach this __ day of , 2013. Attest: RAFAEL GRANADO, CITY CLERK APPROVED AS TO fQilM & LANGUAGE & FOR EXECUftON \L~~~ qf1.~n • City Aflo--meyr Oa1e 12 485 MATTI HERRERA BOWER MAYOR ------------------------------------------- I MIAMI BEACH I i j l I "%1 ! CITY OF MIAMJ BEACH NOTICE OF PUBUC HEARINGS NDllCE IS HEftEBY gi'nln 1!1at publ!<) hEarlnQ" wll be lw!ld by 1lle lvloyor ond City Corm1lssioo ol tl1e City r:JI Miami Boach, Flot1da, In lhE Commisoian Chambers.. lr<l Floor, City Hall, 1700 Con'Nrtlon Center O.We, Miami Beach. ne<~da, oo Wednl>$d"lf, September n, 21l13 to oonoid<lr the ro~ owi"Gl IO;l!Se.m. /on OtdnMG<l .,plem<nl!l'l{l f'r<wlolon• Of Th• 2012·2015 Ccllot:IM> Bargaining ~~ Elotween Tho City Md TheCarnmunlcatlro•WOO<arnOfArnerloo, tCWAlloeai317B; lmplemM~ngSimllarRe~emsnt ~looAmendmanto Fo-Memb""' I Who Ate ~ct Included In Arrf !largall'lns Unit: Amendlllg The Mloml !loach tmptoyO<Oo' Retlrem<!nt Pion Creat«l By OrdrlMoe i 21:00 35C4; Amending Soctloo :<.26 Of The Pion By E:<twdlng Tho D<lm'od Rotlmroont Oplloo I'IM tl'lanl Pr"!Jram From 1'llmtl {!3l I To Fiv" (5j Yerus Fer Bigbie Members, Armndng Socticn 5-13 To Re!lootArnet'lded Eligibility Ard Pmljcipalloo Requl.,.,erl!!! And Pmendad DAOP Plan features; Amondln9 Section 4.03 By IJimlna!lng Tho l'urehase 01 Addl~ooal CI'E<Itable SeM«> f« C..rtaln Members; Providing For S~; RepealingAII<ltljj""""""lnCotrl!lctThEfllWi!ll; And F'rt:MdtngAnO!octveOOIIil. ! tQ-.30am. AA On:linllllCe ~ Ordinance No. 700. The Claos~ ErnplayeM Sola.y Ordinance Of The City Of Miami Beach, fk><lda, k. Rlllows: Providing Fo-The cm,.,;5callons In Group N, Repmoontod By The Gommunlcolloos Woll<ors 01 Arnel1oa (CWAJ Local .31711, In ~Will\ The ~gotlale<:l Collecll';e 8argcl<llng Agreement Effoellve Oc1ober 1. 2012, Th<ire $1>101 Be Ar!locreaoe 01 El<>ffl(o P~ (1 1 !10) To The Maximwn Wag<> For 'The Clasoi1icatlont> Of Uraguard It And Lile;uard Lieutenant Etfec11W: The Flrnl Pay Pt:rk:ld Ending In Oc!ober0t2014, n.,re Shloll 8e Ar1 ~ n., Board Coot-0!-LMng Adju•lmeni(GOLAJ O!Throo !>ereont \:3%), Arid The Mlolmum And Mal<Jmum 01 Ead1 Pay Flcnll'O Wll AlB<:> Be I~ Sy Throo Percent (3%): ~log All Drdinonc .. In Coollict; Provi<llr1g For S.W<W<lbioty, An Eft...,....., 0-And C<ldifi<:ation. i0:4So.m. Mlnln>Jm Unll Stzu For Hlolorle H010ia And RM-2 T<>War Salbacl<e Ordirlflnoe Amending Tha land D~ Flegulalloo• Of The Code Of Tho City Of """"' Bcaoh, By Ameru:llng ChOp!er 142, 'Zoning Dlolri<:I>Md lleg..,...!lono,' By ~lng Mcfe II, •Oiolrlct Aegulati011o: By Am'>'l<lll>!l DIYiolon $, "Reoid<mfal Mul~mmlty Olsllicts, • By Amending S<ctk>n "142·155"TD ModiJYThe Ro(JilO""""nts ForMinlmi.Kll Hotel Room Size ForHI•IOI1o Hotolo Within The RM-1 Dlmrict; By Amending Sectlm "142-217" To Modify The Requirements For Mlnl!'n.1!11 Hot•l Room Sl2o For HIS!orlc H<ltllls Within The RM-2 Dlmlet. By Amending SOC!Ion "142·211f' To MolifyTha Towel' Setback Requirements Wltl11n The RM-2 Olstrlct; By Amending Sec1ion "142 ·246" TD MD<IIIy Tho Roqul"""""ts Far Mlnlmum Hatol Room Slz.> for HISlll~c Hotel• Wltlm Tho RM-3 Dl>lrlct: ln<l'Jiriffi may be dirf!Cied to 111<> Planning O..partm<rnt at (3!J5} 573-7551:. 1HX1e.m. Ordinoooe Amending Cll!ll>ler SO Of Tho Miami Beoch Cily Code, Eni!Ued 'Solid -·' By Amending Article II, l:nllllecl 'Ctt;wldo R<>cycllng Pro,;"'"' For Muttlfllmlly Re~And C"""""""" Eotllbllshmenb.' 8y Amending 5ectlom 00-34:t Enllllcti "Publlo Edu&811on Program; Roquirenrents JC<>r Ret>yollrig Corrtlactom; warni"IJ I'<W>d; En!OrG-Dote,' By Eio1anding Tha Warning Period From Jrne'lll, 2013 To Oe(lembEf31,2C13 ,lind El<tflnQlngThe Begl1111ing O!The Enloroement Period From July l, 2!l13 TOJ31U1fl11, 2!l14: By /ornet1dlnQ Sed~ on 9C·346, ~ "En1oo:M'!tmt." By £><1\mdfng The Begrmlng Of The tnfotooment Parkld From July l, 21l13To JruiUaly •, 21l14 H:15a.m. Qrdlnanoo Amondlng Clloptet 90 01 The Miami Boach Clly Code, Enllll•d 'SOlid W-: By ~ng Sedlon 90-39 Entitlad •fine Scl1edule For \llolatl""o ls!)Ued And Ajlplled To Owne.,., Agenb, Tenan!5, 0ooup!lr1~, Oj>era!orn Or .Mmagern, Or Persons Ro""""'"blo For Tho \11clal!cn." By Am..,<lng TM Fins Schedtll~• fDr \lloi.Uons Of S.c1lon 90-36 And 91M5 And Providing For Coosm1£ol Terminology R~g Flrnt And Subsequant O!!el'lllllS; By AmendinG S<!ci1M 9040. Utth!Ed "Fne Schedule For \11olatl<r1<! 01 Sections 90~; 9EH07: 90·19" Et Seq.; 00-221 El Seq.: And 90·228 By P-e Wool!: C-." By Ammdlng Arid f'rovldlng For flM Seh«Mes /ond ViolMIOnS Coot.lmnl 'Mt!l Tho PKMslon• In The Ref..,.,ed Sccllom And In &!<:tlon$ !l0-36, 91l·99, And SC-1!JIJ, Ard Providing Fa< Gormls!ml Terminology Regllffllrlg Fltst And Subooquent Offenses; By Ammdlng Sedon 90-222. EnDtioo "U•I Of Aocoonto," By !'rovld!og Reporting REqul"""'"'t. r.,. Dlsconllnuo<l Acoounto Cooolslenl WHh Sec1ioo 91l-~ll. H:allo.m. OrddnMu Amending Chapter 82 01 The City Code, Entitled "''ublk: Pmpertt." B~ Amending Miele \11, E'nlllled •:>~amlnf; 01 Milo I Focllftlas And E!!tabli>Wrtenl Of Wmum<ll'll!l Or 'Aemorlals," By Arn<lndlng Secloo !!2-503, Enlltied "Naming Of PubHc F'odf111e<>," 6y Eliminating Tim Flequlremenl Of A Refu<endum In Such C"""" When The Facillly To 8e "!wood Or~ I!> Clly Owned, And NO! Alroady Nomad For An lodMdual Or lndi';ldualo Ptll'liW>Ot To Sedon !W·503(a)(4), And: Tho Proposod N...,a 11\<;f"<ks n.. Nam" 01 The Physiooll.ooatlon Of ThE Facllity Or The Focllily To Be 'larned Or Renamed, 'M\k:h Mfr.{ lrdudo The Name 01 The POO< ArdiOr s-Wh<:re Tho roelllty "'Loootod lnquhi6S mey bo dl""""" kl tl1e CityAl'tomoy's Ollioo (3001573-7470 INTERESTrD PARnES -lrwlled ~appear at 111\s moollng, <>r be repre!lellled by s~ .ht, or 10 el<prt!ill th<!lr lllews in wntfng addr-lll the Clfy Convnl..ron, 0/a til« Cit( Clerk, 1700 Coowenllon C<mler Oriv•. 1ot Floor, Cit,< Hfjl, Mlaml Bead1, Flc<ida 33139. Copios of 111-~..,. orea>~oil!lble for public in..,..:ll<>n during ncrmol b!JaiM§ ho4Jrs In tM Clty Cler!<'o. Olli.,, 17CG Coo...-.!lon Cmler D~v<>, ~ .r Flocr, Clfy Hall, Miami Bmch, Florida 33~ 3!1. Thl!l rooe!lng or any Of th<lll<im• Mmlrl may b<l etlnlirnJI>d, and undor !!Ooh clroonml""""" addl;toooi k!g<>l mtiee wm not be ptovlderl. Ratacl £. Granado, C1!y Clerk Clly of ~101'11! Beooh ?rJrnuardto Set:tlon 286.010!i, Ra Stat., lhe Clly hereby r.dVIM~ t11e public lhot R a person dedd<:fi to appear &fi'J cklcleiOO m.lde 1 1 %:~,;;=:::;;,:~~~ ;.":;'..:'ro~~=!~e=n~ !'dh.:J:~~~ ~~=~•~b; based. Thlsm!lce does not conslftule ooosentbythe City for Dlelntnxluolloo or admissloo of o!har'MoeiMdmleslbloorllfel,_t ellida>co, nor OO...It aulha<lz<l cha!long<s or~ nol othorv.1oo allowed by law. I To raqueSilllls rnnlmialln ac""""lble fooml, sign loogmge lnlerpruiJJrn, loformallon oo oocoss lrr pernons with dlsat>11tios om:V I or any sccommcx!atlon to Miow any doeumonl "'p!1111Qpate in anv Cily-3Pl>nsor9d pnxeedlng, ~-ocntacil .,. fiw day9 In a<N"""" at (3tl5J 67:J..l411(lffiiee) or TTY llSerB.""'Y oirocalllho Florida Rolay S..,.,ce at 11,, 1 11<1-;~------------------------------------~ 486 COMMISSION ITEM SUMMARY Condensed Title: An ordinance amending Ordinance No. 789, The Classified Employees Salary Ordinance Of the City of Miami Beach, increasing the pay range for lifeguards II And lifeguard lieutenants By 11 Percent and providing for a three percent cost of living adjustment (COLA) for all classifications covered by the Communications Workers of America (CWA) Local 3178, and ad"ustin the minimum and maximum of each a ran e accordin I . Key Intended Outcome Supported: Attract and maintain a Workforce of Excellence. Supporting Data (Surveys, Environmental Scan, etc If approved, this will be only the second COLA extending the minimum and maximum of the salary ranges in the past six years. Item Summa /Recommendation: Second Reading Public Hearing After 15 negotiation sessions, the City and CWA reached a tentative three (3) year labor agreement covering the time period of October 1, 2012, through September 30, 2015. In this agreement, the City agreed to extend the pay ranges for the Lifeguard II and Lifeguard Lieutenants by 11 percent, effective October 1, 2012. The agreement was based on the fact that the same had been done for all other CWA bargaining unit classifications through the 2003-2006 contract and was not done for the Lifeguards covered by the CWA bargaining unit in the 2009-2012 contract when longevity pay was eliminated. The 11 percent increase extends the range to incorporate what would have otherwise been automatic longevity increases. The City also agreed to a three percent COLA for all CWA bargaining unit employees effective the first pay period ending in October 2014, adjusting the minimum and maximum of each pay range accordingly. Advisory Board Recommendation: IN/A Financial Information: Amount Source of Funds: 1 2 FY2013/2014 $7,000 3 FY2014/2015 $759,000 OBPI Total $766,000 Cost of extending the pay range for the Lifeguards II and Lifeguard Lieutenants by 11 percent. Cost of extending the pay range for the Lifeguards II and Lifeguard Lieutenants b 11 ercent and three ercent sala COLA. Financial Impact Summary: Extending the pay range for the Lifeguard II and Lifeguard Lieutenants by 11 percent results in pay equity among CWA bargaining unit classifications. The three percent COLA provides a needed amendment to the salary ran es to rovide for a fair and com etitive com ensation s stem. Ci Clerk's Office Le islative Trackin : Sylvia Crespo-Tabak, Human Resources Director Department Director Assistant City Manager ENDA\2013\September 11 \CWA\CWA 2012-2015 (9 MIAMIBEACH 487 ----------~~----------------- City Manager Jimmy L. Morales AGENDA ITEM ---'-:R:-5" ...... 8":'----~ DATE Cf'f/-J3 (9 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: September 11,2013 Se ond Reading Public Hearing SUBJECT: AN ORDINANCE OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, A ENDING 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 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. RECOMMENDATION The Administration recommends the City Commission approve the ordinance. BACKGROUND The City of Miami Beach has the following five (5) classified service employee groups that are represented by bargaining units: • Group I -Represented by the American Federation of State, County and Municipal Employees (AFSCME) Local 1554; • Group II -Represented by the Fraternal Order of Police (FOP) William Nichols Lodge No.8; • Group Ill -Represented by the International Association of Firefighters (IAFF) Local 1510; • Group IV -Represented by the Communications Workers of America (CWA) Local 3178; and • Group V -Represented by the Government Supervisors Association of Florida (GSAF), OPEIU, Local100. 488 City Commission Memorandum September 11, 2013 CWA Classified Salary Ordinance Page 2 of3 In addition, the City has one classified service employee group, Group VI, comprising all other classifications in the classified service not covered by a bargaining unit. This group is commonly referred to in the City of Miami Beach as "Others". There is a seventh salary group comprised of at-will employees commonly referred to as Unclassified. To provide savings for the City, in the 2003-2006 collective bargaining agreement (CBA) between the City of Miami Beach and the CWA, the parties eliminated the longevity pay and the step plan system, and implemented the pay for performance system. The pay for performance system was applicable to all CWA bargaining unit classifications except incumbents in the Lifeguard I, Lifeguard II and Lifeguard Lieutenant classifications. These three classifications remained on the step plan system and eligible incumbents continued to receive longevity pay. Pursuant to provisions in the 2003-2006 CBA conversion to the pay for performance salary ranges resulted in an eleven percent increase to the maximum of the range for all classifications represented by the CWA bargaining unit, (excluding Lifeguard I, Lifeguard II and Lifeguard Lieutenants) in order to capture wages employees would have otherwise earned through longevity. Because the Pool Guard II and the Lifeguard I classifications share a salary code, an unintended consequence of the conversion at that time resulted in an increase to the Lifeguard I range. In 2010, the City and CWA reached an agreement to amend the prior three-year (2006- 2009) collective bargaining agreement. The successor three-year agreement was approved by CWA bargaining unit members and ratified by the City Commission on October 27, 2010. In order to attain the Commission's goal of approximately $15 million in savings from employee concessions from all salary groups, applicable toward fiscal years 2009/1 0 and 2010/11, the agreement with CWA contained the following provisions as cost savings components: • No cost-of-living adjustments (COLAs) for the first two and one-half (2 %) years of the agreement; • Commencing October 1, 2010, no merit increases for CWA bargaining unit employees; • Effective September 30, 2012, prov1s1ons related to the emergency medical technician (EMT) certification (a five percent supplement) and longevity steps for the Lifeguards I and II and Lifeguard Lieutenants ceased. This last concession, the sun setting of the EMT certification supplement and longevity steps without a concurrent extension of the salary ranges, resulted in some incumbents losing as much as 16 percent of their pay. A three percent across the board COLA for all CWA bargaining employees was negotiated, effective with the first full pay period ending in April of 2012 (approximately six months into FY 2011/12). As called for in the CBA, the minimum and maximum of each CWA-represented classification pay range was adjusted accordingly. 489 City Commission Memorandum September 11, 2013 CWA Classified Salary Ordinance Page 3 of 3 ANALYSIS On July 17, 2013, the City Commission ratified the terms and conditions of the 2012- 2015 CBA negotiated between the City of Miami Beach and CWA. Those terms and conditions had been previously ratified by 84 percent of the CWA membership that voted. The negotiated terms call for: (1) increasing the maximum of the range for Lifeguards II and Lifeguard Lieutenants by 11 percent, effective October 1, 2012; (2) a three percent across the board COLA, effective the first pay period ending October 2014, providing for an equal increase to the minimum and maximum of each CWA-represented classification pay range; (3) increasing the base salaries for Lifeguards I and II and Lifeguard Lieutenants who were receiving the longevity pay supplement; and (3) reinstituting the EMT pay supplement effective September 29, 2012, for those employees and only for those employees adversely affected by the earlier sun setting of the provision. Consequently, Ordinance No. 789, the Classified Employees Salary Ordinance of the City of Miami Beach, Florida, needs to be amended accordingly. The amendment will ensure the City has an employee classification and compensation system that is reasonable and competitive. Increasing the maximum of the range for the Lifeguards II and Lifeguard Lieutenant classifications will provide parity with all other classifications within the bargaining unit, which received the eleven percent increase to the maximum of their respective classification ranges pursuant to the 2003-2006 CBA. Increasing the base salaries of Lifeguard I and II and Lieutenants who were receiving the longevity supplement is estimated to have an impact of $137,000 per year, while the impact of the EMT supplement is $116,000. The increase to the maximum of the pay range for the Lifeguard II and Lifeguard Lieutenant classifications by 11 percent effective October 1, 2012, represents an estimated cost of $7,000 in FY 2013/14; and $13,000 in FY 2014/15. The three percent COLA, effective October 1, 2014, represents an impact of approximately $746,000 to the City's FY 2014/15 operating budget. The estimated figures do not take into consideration current turnover rates or vacant positions; however, we anticipate the impact of such to be minimal. CWA bargaining unit employees who separate from employment with the City prior to the date of implementation of the COLA, effective the first full pay period ending in October of 2014, will not be eligible to receive the COLA increase. CONCLUSION The Administration recommends amending Ordinance No. 789, the Classified Employees Salary Ordinance of the City of Miami Beach, Florida, pursuant to the terms and conditions of employment for City employees covered by the CWA bargaining unit, ratified by the City Commission, July 17, 2013. The A~nistratio~t:£ommends that the City Commission approve the ordinance. JLM/K~~/SC-T/~ T:\AGENDA\2013\September 11 \CWA\CWA 2012-2015 Salary Ordinance Memo 2nd Reading.docx 490 ORDINANCE NO.------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 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 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. WHEREAS, classified employees are categorized into six (6) groups: Group I represented by the American Federation of State, County and Municipal Employees (AFSCME) Local 1554; Group II represented by the Fraternal Order of Police (FOP) William Nichols Lodge No. 8; Group Ill represented by the International Association of Firefighters (IAFF) Local 1510; Group IV represented by the Communications Workers of America (CWA) Local 3178; Group V represented by the Government Supervisors Association of Florida (GSAF), OPEIU, Local 100; and Group VI comprising of all other classifications in the classified service not covered by a bargaining unit (commonly referred to as "Others"); and WHEREAS, the City of Miami Beach has approximately 1,548 classified employees of which, approximately 377 are currently covered by the CWA bargaining unit (Group IV); and WHEREAS, effective October 1, 2012, the maximum wage for the CWA bargaining unit classifications of Lifeguard II and Lifeguard Lieutenant will be increased by 11 percent; and WHEREAS, effective the first pay period ending in October of 2014, an across the board COLA of three percent will be implemented for all classified employees represented by the CWA, with a corresponding three percent increase to the minimum and maximum of each classification pay range; and 491 -----------·--. WHEREAS, the increase to the maximum wage for the CWA bargaining unit classifications of Lieutenant II and Lifeguard Lieutenant and the COLA listed herein is in compliance with the negotiated 2012-2015 collective bargaining agreement between the City and the CWA; and WHEREAS, the COLA listed herein for employees represented by the CWA bargaining unit is consistent with the negotiated COLA for the other classified employees represented by bargaining units, namely Group II represented by the Fraternal Order of Police (FOP) William Nichols Lodge No. 8 and Group Ill represented by the International Association of Firefighters (IAFF) Loca\1510; and WHEREAS, classified employees represented by the CWA collective bargaining unit who separate from employment with the City prior to the date of implementation of the COLA, effective the first pay period ending in October of 2014, will not be eligible for the COLA increase; and WHEREAS, there is a need to amend the salary ranges of classified employees represented by the CWA collective bargaining unit in order to ensure that the City has an employee classification and compensation system that is fair and internally and externally competitive. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: Effective October 1, 2012, the maximum wage for the CWA collective bargaining unit classifications of Lifeguard II and Lifeguard Lieutenant will be increased by eleven percent; and effective the first pay period ending in October 2014, incumbents in all CWA bargaining unit classifications will receive an across the board three percent COLA. The following lines of Section 1 of the Classified Salary Ordinance No. 789 shall be amended as follows: [THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] 492 --------------------------------------- GROUP IV lclassifieatieR GleFk Coin Room Money Handler Clerk Typist Masonry Helper .o.eeo~::~nt Glori~ I /\EIFRin Aiae I Qata ~ntJY Cieri~ Dl::lplioating E:q~::~ip OpeFatOF PerFRit Glori< I Peliee ~eeeFEls Teel=lnieian Re·.en~::~o Preeosser I Parking E:nforoeFRent Speo Aeool:lAt Cieri( II Meter Analyst Parl~ing Meter Teel=l I PerFRit Cieri< II Property E:'o'idenee Teel=ll P~::~elio Safety Speeialist Re·.en~::~e Preeesser II AdFRin Aiae II Admin Seoretary &!yeF ~ngineering Assistant I l=ield lnspeetor I l=inaneial Speeialist I P-aiffief Parking Dispatol=ler .o.eooldnt Cieri( Ill AdFRin Asst I CeFRFRidnioatiens 013erater Dis(3atel=ler Tfainee COMMUNICATION WORKERS OF AMERICA (CWA) -SALARY RANGES AND CLASSIFICATIONS == Classifieatie~sabeA PlaA jclassifieation 1=14-& Gomf)laint Operator II ~ GriFRe ,t.,nalysis Speeialist ~ ~ Finaneial Speeialist II ~ M4+-Carpenter I l=l27 Dispatel=ler 1=127 Ht8 Engineering Assistant II 1=127 Masen 1=127 1=12-Q Property E'o'idence Teeh II 1=127 1=12-Q 1=12-Q Carpenter II M23 1=12-Q GoEle Gomplianse Offiser II M23 1=12-Q Commission Reporler II M23 1=12-Q Finanoial Speoialist Ill M2-S 1=12-Q Polioe Fleet Spesialist J..I2S I ~ Planning Teshnioian M29 H2-3 E:ngineerin§ Assistant Ill HaG H2-3 Fiola lnspestor II HaG H2-3 H2-3 Gfime Ssene Teel=lnioian I J=ld.t H2-3 Poliee Pl=lotograpl=ler J=ld.t H2-3 H2-3 Air ConElitioning Meel=lanie l={a4 CoEle Gomplianse AEimin. l={a4 J=f24 Crime Ssene Teel=lnioian II l={a4 J=f24 8t~ildin§ lnsJ3estor I=J.d4 H24 E:leotrical Inspector l={a4 J=f24 E:leotrician l={a4 J=f24 Elevator lnspestor l={a4 J=f24 E:ngineerin§ Inspector I=J.d4 J=f24 Meehanioal-lnspcctor Ha4 J=f24 Pl~.;~mscr I=J.d4 Plumeing lnspeotor I=J.d4 Ff2.a Ff2.a Pool Guard I i=IW Ff2.a Ff2.a Pool Guard II ~ Parl~ing E:nforoeFRent S13ee II Ff2.a Lifeguard I ~ Parl<ing Meter Teol=l II Ff2.a Lifeguard II Hae Cede Complianoe Offiser I l=f2e CaFRFRissien Reporter I l=f2e b:ifeg~.;~aFEl bt. l=la8 493 EXhibit# 2a FisGal ¥ear 2009120~0 GlassifisatianiGampensatian Plan (Effesti~le in tl=le ~st fiay fieFiaEt eneling in OstabeF 2009) Range -Min M3* Range -Min Max ----- ---- W4S Annual $30,~8~.82 $43,7~2.28 -H32 Annual $49,886.95 $~8,8~3.63 ---- ----- :J.«6 Annual $3~,08~.28 $4 5,023.&5 -W33 Annual $5~,88~.39 $81,966.17 ----- ---- M4-7 Annual $32,019.90 $46,374.36 -H34 Annual $53,956.65 $85,244.82 ----- - --- H.f3 Annual $32,980.49 $47,765.60 -W3S Annual $56,1~4.9~ $88,654.6~ --------- Kt9 Annual $33,969.9~ $49,198.66 -W36 Annual $58,359.5~ $92,200.80 ---- - ---- J.nO .a.nnual $34,989.0'1 $50,674.5'1 -W37 Annual $60,693.89 $95,888.83 --------- H-2-1-Annual $36,038.68 $52,HJ4.74 -W50 Annual $38,440.~5 $56,2~4.19 ---- - - --- w.aa ,O,nnual $37,'1'19.84 $53.~60.59 -Hi't-Annual $39,593.98 $58,462.76 --------- H23 Annual $38,233.43 $55,373.41 -~ Annual $40,18~.~9 $60,801.26 --------- M24 Annual $39,380.44 $57,588.34 -H5J. .~nnual $42,005.24 $63,233.32 ---- - ---- ~ ,a,nnual $40,56~.85 $59,891.88 -J.IS4 Annual $43,265.40 $65,762.65 ------- -- ~ Annual $41,718.7~ $62,287.55 -1-155 Annual $44,563.37 $68,393.16 --------- J.l2.1. Annual $43,032.07 $64,779.06 -HSS Annual $45,900.~8 $64,079.98 ---- - H23 Annual $44,323.03 $67,370.22 -~ Annual $47,27+.26 $73,974.05 --------- wa9 AnnYal $45,652.72 $70,065.03 -HS8 Annual 50,643.54 69,309.08 ---- - H30 Annual $47,022.29 $72,867.63 -Wi9 Annual $52,669.~5 $80,010.32 --------- HM Annual $48,432.96 $75,782.34 HiO AAnHal $54,:n:5.9~ $83,210.72 494 1~ I! · ll · U tm I! ·I! · li l= II · ~~ ·I! ,r 1~ II II ·I! r J: 1~ li 11 · i! ~ .! ~~li . . . I~ • ~ I~ l . - . . .. ~ --~ f-----+-+--+-----+-+-+---+-+-+---+-- J ,t,; 1 ~ i I · II · I i _c I~ f-----+-+--+----+-+----+----t-+---+-- 1;, 1 ~ I i · i i · I ! 1~ li I! · 495 ~xhibit#3 Fissal ¥eal' 20~0120~ ~ Glassifisatian,ICampensatian Plan (E:f#esti•.te in the ~st pay: peFiad ending in Ostaber 20~0) Rimge -MiR MalE Range -MiR Max ----- ---- M4-5 Annual $30,~8~.82 $43,7~2.28 -~ Annual $49,885.95 $78,8~3.63 --------- ~ Annwal $3~,087.28 $45,023.65 -H33 Annual $5~,88~.39 $8~,9&6.H --------- H-47 Annual $32,0~9.90 $46,374.3& -H34 Annwal $53,956.65 $85,244.82 ~ --- ----- H-1-8 Ann1:1al $32,980.49 $47,765.&0 -H3S Ann1:1al $5&.~~4.9~ $88,654.6~ --------- W-'1--9 Annual $33,969.9~ $49,~98.56 -H3i Annwal $58,359.5~ $92,200.80 ----- ---- H20 ,o,nnwal $34,989.0~ $50,&74.5~ -W31 Annual $60,693.89 $95,888.83 ---- - - --- H21 Annual $36,038.68 $52,~94.74 -wao Annual $38,440.75 $56,2~4.~9 -- - -- - --- ~ Annual $37,~~9.84 $53,7&0.59 -HM Annual $39,593.98 $58,46:t76 ---- - -- -- M23 Annwal $38,233.43 $55,313.4~ -wea AnAual $40,78~.79 $60,80~.26 --------- W24 Annual $39,380.44 $57,588.34 -HS3 Ann1:1al $42,005.24 $63,233.32 ---- ----- H2S Annwal $40,56~.85 $59,89~.88 -W54 Annual $43,265.40 $65,762.65 --------- W26 Annual $4~.778.71 $62,287.55 -WS6 Ann1:1al $44,563.37 $68,393.~6 -- --- ---- wa7 Annual $43,032.07 $64,779.06 -HS6 Annual $45,900A8 $64,079.98 ----- H-28 Annual $44,323.03 $67,370.22 -Hi+ Annual $47,277.26 $73,974.05 --------- W29 AnAual $45,652.72 $70,065.03 -H53 .o.nn1:1al 50,643.54 &9,309.08 ---- - H30 Annual $47,022.29 $72,887.63 -MS9 Annual $52,669.~5 $80,0~0.32 ----- ---- H34 AAAUal $48,432.96 $75,782.34 H6Q. Annual $54,11!5.9~ $83,2~0.72 496 497 Range M-1-5 Annual H4& Ann1:1al H"1-7 Annual H43 Annual H49 Annual wao Ann1:1al H24-Annual waa Annual H23 Annual H24 Annual Ha& ~.nnual 1-426 Annual W2+ Annual H23 .o.nnual H29 Annual H30 Annual HM Annual SECTION 2: GROUP IV Min ~ Range MiA Max $3~,087.27 $45,023.65 H32 .~nnual $6~,382.53 $8~.n8.04 $32,0~9.90 $46,374.36 H33 Annual $53,437.83 $84,425.~6 $32,980.50 $47,765.59 H34 Annual $55,575.35 $87,802.~6 $33,969.90 $49,~98.57 H3S Annual $57,798.36 $9~,3~4.25 $34,989.0~ $50,674.52 ~ Annual $60,~~0.30 $94,966.82 $36,038.68 $52,~94.75 H3-1-Annual $62,5~4.7~ $98,765.49 $37,~~9.84 $53,760.58 H$0 Annual $39,593.97 $57,900.62 $38,233.44 $55,373.4~ Ha-t-Annual $40,781.80 $60,2~6.64 $39,380.43 $57,034.6~ Wi-2 ,6.nn~:.~al $42,005.24 $62,625.30 $40,56~.85 $59,3~5.99 H§3 Ann~Jal $43,265.40 $65,130.32 $4~,778.7~ $6~,688.64 W54 Annual $44,563.36 $67,735.53 $43,032.07 $64,156.~8 H&5 Annual $45,900.27 $70,444.95 $44,323.03 $66,722.43 H56 Annual $47,277.~9 $66,002.37 $45,652.72: $69,39~.33 He+ AFinblal $48,695.58 $76,193.27 $47,022.30 $72.~66.98 -HS-8 Annual $52,162.85 $71,388.35 $48,432.96 $75,053.66 H&9 AAnual $54,249.22 $82,4~0.63 $49,885.95 $78,055.8~ WiG .&.nAual $56,4~9.19 $85,707.04 That the Classified Employees' Salary Ordinance No. 789 is hereby amended to read as follows: COMMUNICATION WORKERS OF AMERICA {CWA) -SALARY GRADES AND CLASSIFICATIONS 498 2A. Salary Grades and Classifications -Effective October 1, 2012 EXHIBIT "1" Classification Plan CLASSIFICATION GRADE CLASSIFICATION GRADE Clerk H15 Complaint Operator II H26 Crime Analysis Specialist H26 Coin Room Money Handler H16 Financial Specialist II H26 Clerk Typist H17 Carpenter I H27 Dispatcher H27 Masonry Helper H18 Engineering Assistant II H27 Mason H27 Account Clerk I H20 Property Evidence Tech II H27 Admin Aide I H20 Data Entry Clerk H20 Carpenter II H28 Duplicating Equip Operator H20 Code Compliance Officer II H28 Permit Clerk I H20 Commission Reporter II H28 Police Records Technician H20 Financial Specialist Ill H28 Revenue Processor I H20 Police Fleet Specialist H28 Parking Enforcement Spec I H22 Planning Technician H29 Account Clerk II H23 Engineering Assistant Ill H30 Meter Analyst H23 Field Inspector II H30 Permit Clerk II H23 Parking Meter Tech I H23 Crime Scene Technician I H31 Property Evidence Tech I H23 Police Photographer H31 Public Safety Specialist H23 Revenue Processor II H23 Air Conditioning Mechanic H34 Code Compliance Admin. H34 Admin Aide II H24 Crime Scene Technician II H34 Admin Secretary H24 Building Inspector H34 Buyer H24 Electrical Inspector H34 Engineering Assistant I H24 Electrician H34 Field Inspector I H24 Elevator Inspector H34 Financial Specialist I H24 Engineering Inspector H34 Painter H24 Mechanical Inspector H34 Parking Dispatcher H24 Plumber H34 Plumbing Inspector H34 Account Clerk Ill H25 499 EXHIBIT "1" Classification Plan CLASSIFICATION GRADE CLASSIFICATION GRADE Admin Asst I H25 Pool Guard I H50 Communications Operator H25 Dispatcher Trainee H25 Lifeguard I H52 Parking Enforcement Spec II H25 Pool Guard II H52 Parking Meter Tech II H25 Lifeguard II H56 Code Compliance Officer I H26 Commission Reporter I H26 Lifeguard Lieutenant H58 [THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] 500 GROUP IV COMMUNICATION WORKERS OF AMERICA (CWA)-SALARY RANGES AND CLASSIFICATIONS 28. Salary Ranges-Effective October 1, 2012 Exhibit "2" Fiscal Year 2012113 Classification/Compensation Plan (Effective October 1, 2012) Grade Minimum Maximum Grade Minimum Maximum H15 Annual $31,087.27 $45,023.65 H32 Annual $51,382.53 $81,178.04 H16 Annual $32,019.90 $46,374.36 H33 Annual $53,437.83 $84,425.16 H17 Annual $32,980.50 $47,765.59 H34 Annual $55,575.35 $87,802.16 H18 Annual $33,969.90 $49,198.57 H35 Annual $57,798.36 $91,314.25 H19 Annual $34,989.01 $50,674.52 H36 Annual $60,110.30 $94,966.82 H20 Annual $36,038.68 $52,194.75 H37 Annual $62,514.71 $98,765.49 H21 Annual $37,119.84 $53,760.58 H50 Annual $39,593.97 $57,900.62 H22 Annual $38,233.44 $55,373.41 H51 Annual $40,781.80 $60,216.64 H23 Annual $39,380.43 $57,034.61 H52 Annual $42,005.24 $62,625.30 H24 Annual $40,561.85 $59,315.99 H53 Annual $43,265.40 $65,130.32 H25 Annual $41,778.71 $61,688.64 H54 Annual $44,563.36 $67,735.53 H26 Annual $43,032.07 $64,156.18 H55 Annual $45,900.27 $70,444.95 H27 Annual $44,323.03 $66,722.43 H56 Annual $47,277.19 $73,262.63 H28 Annual $45,652.72 $69,391.33 H57 Annual $48,695.58 $76,193.27 H29 Annual $47,022.30 $72,166.98 H58 Annual $52,162.85 $79,241.07 H30 Annual $48,432.96 $75,053.66 H59 Annual $54,249.22 $82,410.63 H31 Annual $49,885.95 $78,055.81 H60 Annual $56,419.19 $85,707.04 501 GROUP IV COMMUNICATION WORKERS OF AMERICA (CWA) -SALARY RANGES AND CLASSIFICATIONS 2C. Salary Ranges -Effective the first pay period ending October of 2013 Exhibit "3" Fiscal Year 2013/14 Classification/Compensation Plan (Effective October 1, 2013) Grade Minimum Maximum Grade Minimum Maximum H15 Annual $31,087.27 $45,023.65 H32 Annual $51,382.53 $81,178.04 H16 Annual $32,019.90 $46,374.36 H33 Annual $53,437.83 $84,425.16 H17 Annual $32,980.50 $47,765.59 H34 Annual $55,575.35 $87,802.16 H18 Annual $33,969.90 $49,198.57 H35 Annual $57,798.36 $91,314.25 H19 Annual $34,989.01 $50,674.52 H36 Annual $60,110.30 $94,966.82 H20 Annual $36,038.68 $52,194.75 H37 Annual $62,514.71 $98,765.49 H21 Annual $37,119.84 $53,760.58 H50 Annual $39,593.97 $57,900.62 H22 Annual $38,233.44 $55,373.41 H51 Annual $40,781.80 $60,216.64 H23 Annual $39,380.43 $57,034.61 H52 Annual $42,005.24 $62,625.30 H24 Annual $40,561.85 $59,315.99 H53 Annual $43,265.40 $65,130.32 H25 Annual $41,778.71 $61,688.64 H54 Annual $44,563.36 $67,735.53 H26 Annual $43,032.07 $64,156.18 H55 Annual $45,900.27 $70,444.95 H27 Annual $44,323.03 $66,722.43 H56 Annual $47,277.19 $73,262.63 H28 Annual $45,652.72 $69,391.33 H57 Annual $48,695.58 $76,193.27 H29 Annual $47,022.30 $72,166.98 H58 Annual $52,162.85 $79,241.07 H30 Annual $48,432.96 $75,053.66 H59 Annual $54,249.22 $82,410.63 H31 Annual $49,885.95 $78,055.81 H60 Annual $56,419.19 $85,707.04 502 GROUP IV COMMUNICATION WORKERS OF AMERICA (CWA)-SALARY RANGES AND CLASSIFICATIONS 20. Salary Ranges-Effective the first pay period ending October of 2014 Exhibit "4" Fiscal Year 2014/15 Classification/Compensation Plan (Effective October 1, 2014) Grade Minimum Maximum Grade Minimum Maximum H15 Annual $32,019.89 $46,374.36 H32 Annual $52,924.01 $83,613.38 H16 Annual $32,980.50 $47,765.59 H33 Annual $55,040.96 $86,957.91 H17 Annual $33,969.92 $49,198.56 H34 Annual $57,242.61 $90,436.22 H18 Annual $34,989.00 $50,674.53 H35 Annual $59,532.31 $94,053.68 H19 Annual $36,038.68 $52,194.76 H36 Annual $61,913.61 $97,815.82 H20 Annual $37,119.84 $53,760.59 H37 Annual $64,390.15 $101,728.45 H21 Annual $38,233.44 $55,373.40 HSO Annual $40,781.79 $59,637.64 H22 Annual $39,380.44 $57,034.61 H51 Annual $42,005.25 $62,023.14 H23 Annual $40,561.84 $58,745.65 H52 Annual $43,265.40 $64,504.06 H24 Annual $41,778.71 $61,095.47 H53 Annual $44,563.36 $67,084.23 H25 Annual $43,032.07 $63,539.30 H54 Annual $45,900.26 $69,767.60 H26 Annual $44,323.03 $66,080.87 H55 Annual $47,277.28 $72,558.30 H27 Annual $45,652.72 $68,724.10 H56 Annual $48,695.51 $75,460.51 H28 Annual $47,022.30 $71,473.07 H57 Annual $50,156.45 $78,479.07 H29 Annual $48,432.97 $74,331.99 H58 Annual $53,727.74 $81,618.30 H30 Annual $49,885.95 $77,305.27 H59 Annual $55,876.70 $84,882.95 H31 Annual $51,382.53 $80,397.48 H60 Annual $58,111.77 $88,278.25 503 SECTION 3: SECTION 4: SECTION 5: REPEALER. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SEVERABILITY. If any section, subsection, clause, or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. EFFECTIVE DATES The annual compensation set forth in Section 2A and 28 herein shall be effective retroactively to October 1, 20 12; the annual compensation set forth in Section 2C herein shall be effective in the first pay period ending in October of 2013; and the annual compensation set forth in Section 20 shall be effective in the first pay period ending in October of 2014. PASSED AND DULY ADOPTED by the Mayor and City Commission of the City of Miami Beach, Florida, this day of , 2013. Matti Herrera Bower ATTEST: Rafael E. Granado City Clerk Mayor T:\AGF.NDA\2006\Mar0806\Regular\cwa classified salary ordinance-ord.doc 504 ! '· APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION l QI-1L2 Top- i MIAMI BEACH CllY OF MIAMI BEACH NOTICE OF PUBUC HEARINGS N011CE IS HEJIEBY g""" that public hotarll>gs 1141 be helo by llv: M!lj/()r and Clly Co!milss!M ol tho Clly 01 Miami Beacl>, Florida, in tho Cvmmi..trn Chomb<:m, 3!d FIOOI", City Holt,~ roo ConVEntion Center Drive, Mloml Boe¢11, Flmda, 011 W<l<lne$day. September 11. 201!1 to ccnsidoT 1he loftov.ing: llkl5o.m. An er.:tnance Implementing Provisions Of The 2012~2m5 Colle<)llvo Sargainfng Agreon'lont Between Tho Cit; And The CM'II'([(Jnt<>rtioos Work.,.. Of Ammoa, (CWA)l<>cal 3178; lmplamontng Similar Fle!Wemsn! Plan Amendrrl<llll!l Fa-Momb<Jrn Who He Not IMIUdod In Arf'/ !!otgalntng Untt; Amending The Miami ll<lach EmpJov..ao' Relnml!nt Pion Created By Oftlnanoo 2006-3504: Amending Seet!<m 2.26 01 The Plan By Extmdlng The IJefefred Re!iremont Opllon Plan (Plan) Pragf1lm From 1'hr<le [3) To Five (5) Years For Elgible Momb..,.; Am<lnding S..:-lion $.1$ Tc> Rellee!Amended Oi!;lblllly And Participation Requlrnments And Amended DRCP Plan Features; AmEnding sect1on 4.03 By Olrnlna!lng The !>urdlase Of Addl~cnal Creditable Sei'\O<:e fer Certain Member•; Providing Fa s ... erability; R<pealing All Ordinanoes In Conflict 1l1Erow!th; And PrOIIldlng An Effucllve Date. Jnqulrlcs may bo dlteotrn:l to lho rruman Rooourcen Ooparlm•nt (;305) 673-7524. 10:30am. hl Ordinance Amending Ol'dlntwi(:S No. 789. The Oaseffiad Empla~ SalatY Ord""""e Of The City Of Miami Besch, Florida. As. Follows; Pr<>Viding For Tha CIM$n<lallons In Group N. Repreoenled By The Cvmmunicatims Wtlfl<ers 01 America ~WA) I.<> cal 3178, In Acoo!dance WHtr The '<egoflatcd Colleellve B3q;aining Agr&ement, Effec!M Oc!ober 1, :ro-t2. Theoe SMII Be .An ;..,,.., Of Elellen Poroent (11%) Th The Moxi!rumW"'J'> For The Cl-~ Of Lifeguard II And Llteguard Llootonant E!md~The First Pay Period Endlng In Oc!obor Of 21l14, Them Shall De An Ae!oes Tho Boand Cmt-01-lMng AdJc•lmMI (COlA) Of Tilroo ~ (3%), And The Minimum And M31dmurn Of Each Pay Range Wil Also Be ~d By Th!llo Percent (3%): Rep<>allng All Otdln""""' In Conftle1; l'rovldlng Fer SevtwaMty, An Efloctive Date And Codlfieation. lnq\Jlrtesrnay be dlree!Odmlho Human R£moUrcel~Oepartment (:lO!i) 673~752~. 1G:45 a.rn. Minimum Unit Sizes For Hlolorl<i HokJ!s And RM-2 T~ So!ba<:ks Ordinance Am..-.dlng The Lond ~t Regulation~ Of The Code Of Tho Clty Of Ml_, Bead\, By Amending Chapter 142, "Zoning Dislrlcls And Regulations,' By Amending Mlc!e II, 'tlstrlct Rej;ula~ons. • By Amondlng OMolon 3. "Resldentlol Multifamily Districts. • l'lVAmenclng Section "142-15S"To Modify Tho Requlremcnl!l For Minimum r~otel RaomSizo Fer Historic tlotetaWithln The RM-1 Dlstrict; Dy Amending Seetlon '142--21 r Th Modify The Requlramentl! Far Mlnirnirn Hotel Room Slza For Hlstorl" Holds Within Tho RM-2 !l!s!llct, By Amending Seclloo '142·21 B' To Modify Tho Tower SatMcl< Requl"""""'ts 'Wtllllrl Tho RM-2: District: By .Amending Section '142 .. 246" To Modify The Requlromools For Mlnmum Hotel Room Slro Fe< Historic Hotels Within The Fr.l.\·3 District, · 111quiri<s may be <lreeted to lhe Planning Department at (305) 673-755G. 1t:00o.m. OrdinatlCe Amending Chapter 90 Of The Miami Beach City Code. Ernliled 'Salld Waote.' By Ameming Miele V. Entitled "QlyW!d• Rel:yollng Program For ML.III!arnily Fleoidanceo And Commerclal Etnab!l•nments, • S~ Amenclng l;ectlon 00 .. J.42. Enlltllld •PIJbJie Education Program: lleQUiromentl! For Re<>idlng Con1rnutorn; Warning Poooo: En!uroemtll'lt Dale,' l'!y Ex-rog The Wsmlng P<m<Xl From Juno;)(), 2tl13To December 31.2013 AndExl<:l:ldlngTh~ Sogionlng Of Tho Entoroement Perlodfrml JUII' ,, 2l> 13 To Janoory 1, 2014: By Amoodlrig SOCtioo SC-345. Entitled "Enlotcemenl, • By E><tan<Jng The BegiMin~ Of The E'r>lon:ement f'erlQd From July 1, 2013 To JM'-"'Y 1, 2014. lnquili"" may be dlrectrn:llotlle i'OOMaWO!IG OepartmOi'>! {305) 673~7000. n:tsarn. Ol'dlnaneo Amending O.apler 90 Of The Miami Beru:l1 City Coda, Enfl~od "Solid -.; By Amondlng Slk:!lon 90-39 Cnltlled • AM s.:Mdule tOf V!olallono 1!101.14'd And Appliod To Ownors, A!; !!!115, T"""""'· Oonupants, Opemllm; Or ""'"'"9'""· Or Persoos R~e Fa The V!datian," By Amendlh!J The Ane Schodulesforl/lolallona 01 Sectlcn 9C~36And 9C-96And l'rrlvldil1g For Con~ T<>rminology ReQardlng Fir.!! And Subsequent !Jifenoos; By Amending Se<)lloo !!!Hill, Entitled •Fine Schedule For VlolallansOISticlloos 91J-98: !!0~~07; 00-191 0 Seq.; ro-221 EtSeq.:And90~221l By Private ~C<mlractas,' flyAmemllng And Pr<Mdlng For Fine Schadules And lil<llaticmo c.:.r..mt<lnt lJii!1tl The Pro..;o~ons In The R~ Secti01'1$ And In Se<:~o"" 90-36, 90-99, And 90· I CO, And Providing F'Of Con-t Terminology Reg8!tiing First And Subooquml Of!ermes; By Am""dinG S<!cUon 90·222, Cnlttloo "List 01 AccOIJI'lte." By Providing Rop01tln9 Requlmmoots F<>< Oisccn!lnued Aocnunto Consistent Wltfl Seeton 90-3G. Inquiries n'ln\' be dlteotrn:ltolho Pubic Walk~ O<!pM!rnent (3Q5) 673-7000. 11::10am. Ol'dlnenac Amondng Cht>pter Bll 011ho City Code, Enl~led "Publ!c Property: By Amonclng ArllcU! vt. Errt!fted ·~amlll\1 01 PIJbllc Facllk~ And Eslabllshment Of Monlli',ent5 Or Memori !lis." By Amending Secfloo 82-503, Enlllrn:l" Naming 01 Public f ooilltl .. ,' l'!y Eliminating 1ho Requlr~ 01 A Roferendum In Such Cases Wh<lfl The Faeillly To So \lomed or~ Is Clly Owned, .And Not Aln!l!dy Named Fo.-An lmllvldual Or ~rruals Puroumt To Section l!'.l·-oo3(a)(4), And Tho! Proposed NNne il>dudeo Th<l Name 01 The Physical Loxotton 01 Th<l rac~~~~y Or The Foclli!y To Be Named Or Renamed, 'Mll<lh May inC!udt! Tho Name Of The Pari<· And!Or·S!reet Whore The Facility Is Locatod. In qui~'» may b<1dlr~ wlhoCityAitom<!l''sOflke(306l673-741ll, INTEFESTE[) PARTIES are Invited to -at lhls mooting, Of bo repreS<:Iitlld by an ag.mt, or to E!Xpff!SS th~~ >'leW& In~ addr~<~srn:l to the Oly Corm1iulon. c/o lho Cltf Cletk, 1700 Convenllen Comer Orlve, 1st Floor; City Hal, Miami Bosch, Flooda 33139. C<lpies of !h..,. rt..,... •• avOilllbl" fur public in"l'>OC!i<>n durinq nilllTial i:li.J.&iM» hollrs In lho City Clorl<'$ Qliice, 17CO Conl'f!fltion Certer D!IY&, tot Floe<. City Hell. Miami 8€ach. florida :IS~ :39. This meeting or""'' 01' tile llm1• hemin may b<i oootinued, and IJ!ldor ouch clrwrnslancos addl~cnal !ega! notlee will nat be provlcled. Rafael E. Granado, City Clerk Clly of Ml arnl Beach Pu...uant to Se<:tlon 2S6.011l!i, Fla. Slat., tfm City llm:by ru:lvlscs the PtJI>IIa !hat w a..,.....,... dodd<£ to t!ppeal ON/ declilk>n made by !he City Commission will> r~ lO any matter considered at Its meetln,; Of 1ls h..,.;119, "'-'Ch person must ensure that a verbonm record of tha pmcefldtng<i Is made, v.tolch recoro Includes the testmony md <Mdenee upon Vlh!ol! the aPPllld to to be booed. This notice does not c0!1$tltute conunt by the City lor lho inlroducfloo or ocl-oo olothorw1oo inadml,..ble or lrrefovant <rv!d""""· nor does it authome <>hal!-cr ~not otherwloe allowlld by law. To request this moteri.V In a«O®Ible 1am1at. olgn language lnte!prnl<n!, lnlormslloo m li!OCeSS frr pcmrns with dlM!'lilltos ondl or !Ill)' ~otion 10 liM""' ony dOCIJilWII or panioipato in ony Clly-oponsoorod ~ng. pi-emtaot ""five day> In advance at(305) 673-74'1(voi<;e) or TrY """"'may o!socallthe F!OIIdo Relay Sa'Vice at 7n. Adit199 505 THIS PAGE INTENTIONALLY LEFT BLANK 506 ------------------- COMMISSION ITEM SUMMARY Condensed Title: Second 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 hei ht and located in the RM-2 district. Ke 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 b the Ci tore ulate develo mentis "about the ri ht amount." Item Summa /Recommendation: SECOND READING The proposed Ordinance would modify the mm1mum 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 Ordinance was approved by the Commission at First Reading on July 17, 2013. The Administration recommends that the Cit Commission adopt the Ordinance. Adviso 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 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. Assistant City Manager T:\AGENDA\2013\September 11\Historic Hotel Unit Size& RM2 S tbacks-SUM 2nd Read.d ex MIAMI BEACH 507 City Manager AGENDA ITEM _R:,.:..:::S=,...C..~­ DATE ?-//---13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gav COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M mbers ofthe~sion FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SECOND READING SUBJECT: Minimum Unit Sizes for Historic otels & 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 Adopt the Ordinance. 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. 508 Commission Memorandum Historic Hotel Unit Sizes & RM-2 Tower Setbacks September 11, 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 51h and 15th)' 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. 509 Commission Memorandum Historic Hotel Unit Sizes & RM-2 Tower Setbacks September 11, 2013 Page 3 of 3 The Planning Board did agree that making the pedestal and tower setbacks uniform on the interior side for buildings six (6) stories or less made sense, as these portions of the structure are not as visible and the extra setback was only one (1 ')foot. The Administration agrees with this approach, and would recommend that the City Commission approve the Ordinance with this change. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. 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. The foregoing amendment recommended by the HPB was incorporated it into the text of the Ordinance, prior to First Reading. On July 17, 2013, the City Commission approved the proposed Ordinance at First Reading. A small typo, adding 'accessibility regulations' to the allowable exceptions, was corrected for Second Reading. Additionally, as indicated previously, 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 adopt the Ordinance. 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. JLM/JJ/RG~RM T\AGENDA\2013\September 11\Historic Hotel Unit Size& RM2 Setbacks-MEM 2nd Read.docx 510 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: 511 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%: 300-335 141-1183 provided in provided in 85%: 335+ Rehabilitated section section For contributing hotel buildings-550 142-1161 142-1161 structures 1 located within a Otherwise-50 Otherwise-5 local historic district or a national r~ister district1 which are renovated in accordance with the Secretary of the Interior Standards and Guidelines for the Rehabilitation of Historic Structures as amended 1 retaining the existing room configuration and sizes of at least ZOO sguare feet shall be Qermitted. AdditionaL!~, existing room configuratiQns fQr the above described hotel structures ma~ be modified to address a[!!;l:licab:le life-safet~ and accessibilit~ regulations, 12rovided the ZOO sguare feet minimum unit size is maintained. SECTION 2. City Code Chapter 142, Article II, "District Regulations", Division 3, "Residential Multifamlly 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 Lot Area Lot (Square Width Feet) (Feet) Minimum Unit Size (Square Feet) Average Unit Size (Square Feet) 512 Maximum Building Height (Feet) Maximum Number of Stories 7,000 50 New construction-550 New Historic Historic Non-elderly and elderly low construction-BOO district-50 district-S and moderate income Non-elderly and (except as (except as housing: See section 142-1183 elderly low and provided in provided in Rehabilitated buildings-400 moderate income section section Hotel unit: housing: See 142-1161 142-1161 15%: 300-335 section 142-1183 Area bounded Area bounded 85%: 335+ Rehabilitated by Indian Creek by Indian For contributing hotel buildings-550 Dr., Collins Creek Dr., structures, located within a Hotel units-N I A Ave., 26th St., Collins Ave., local historic district or a and 44th St.-75 26th St., and national register district, Area fronting 44th St.-8 which are renovated in west side of Area fronting accordance with the Collins Ave. west side of Secretary of the Interior btwn. 76th St. Collins Ave. Standards and Guidelines for and 79th St.-75 btwn. 76th St. the Rehabilitation of Historic Otherwise-60 and 79th St.-8 Structures as amended, Lots fronting Otherwise-6 retaining the existing room Biscayne Bay Lots fronting configuration and sizes of at less than 45,000 Biscayne Bay least 200 sguare feet shall be sq. ft.-100 less than 12ermitted. Additionall;x:, the Lots fronting 45,000 sq. existing room configurations Biscayne Bay ft.-11 for the above described hotel over 45,000 sq. Lots fronting structures ma;x: be modified to ft.-140 Biscayne Bay address a~Blicable life-safet;x: Lots fronting over 45,000 sq. and accessibilit;x: regulations, Atlantic Ocean ft.-15 ~rovide:d the 200 sguare over 100,000 sq. Lots fronting feet minimum unit size is ft.-140 Atlantic Ocean maintained. 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 513 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 ]2edestal for Sum of the side Non-oceanfront 1 foot increase in height structures with a total yards shall equal lots-15% of lot above 50 feet, to a height of 60' or less. 16% of the lot depth maximum of 50 feet, then The required pedestal width Oceanfront shall remain constant. setback plus 0.10 of Minimum-7.5 lots-25% of lot Except lots A and 1-30 the height of the tower feet or 8% of lot depth, 75 feet of the Amended Plat portion of the building. width, whichever minimum from the Indian Beach The total required is greater bulkhead line Corporation Subdivision setback shall not whichever is greater and lots 231-237 of the exceed 50 feet Amended Plat of First Ocean Front Subdivision-50 feet SECTION 3. City Code Chapter 142, Article II, "District Regulations", Division 3, "Residential Multifamily Districts", Subdivision v, "RM-3 Residential Multifamily High Intensity", is hereby amended as follows: Sec. 142-246.-Development regulations and area requirements. * * * (b)The lot area, lot width, unit size and building height requirements for the RM-3 residential multifamily, high intensity district are as follows: Minimum Minimum Minimum Average Maximum Maximum Lot Area Lot Unit Size Unit Size Building Height Number (Square Width (Square Feet) (Square Feet) (Feet) of Stories Feet) (Feet) 7,000 50 New construction-550 New 150 16 Non-elderly and construction-BOO elderly low and Non-elderly and Oceanfront tots-200 Oceanfront lots-22 moderate income elderly low and Architectural dist.: Architectural dist: housing: See section moderate income New New 514 142-1183 housing: See construction-120; construction-13; Rehabilitated section 142-1183 ground floor ground floor buildings-400 Rehabilitated additions (whether additions (whether Hotel unit: buildings-550 attached or attached or 15%: 300-335 Hotel units-N/ A detached) to detached) to 85%: 335+ existing structures existing structures For contributing hotel on oceanfront on oceanfront structures, located lots-50 (except as lots-5 (except as within a local historic provided in section provided in section district or a national 142-1161 142-1161 register district, which are renovated in accordance with the Secreta!Y 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 germ it ted. AdditiQnall~1 the existing room configurations for the above: described hotf:l structures rna~ be modified to address a1212licablf: life-safet~ and accessibilit~ r~ulations 1 ~rovided the 200 sguare feet minimum unit size is maintained. 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. 515 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 EXECUTION City Attorney Date Double Underscore denotes new language recommended by Historic Preservation Board 08/12/2013 T:\AGENDA\2013\September 11\Historic Hotel Unit Size& RM2 Setbacks-ORO 2nd Read.docx 516 I MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBUC HEARINGS NOTICE IS HEJIEBV gM!r> that public hearings wiD be he!~ by ltle Mayor and City Gotml!sslon of the City ol M-i Beach, Florida, In lh<! Comrniosion CMrnb<om, 3rd Floor, City Hall, 1 7llO C«<V0<111on C<!llt<!r OrNe, Mleml Boaoh, f!alda, on Wednesd"!', Seplember11, 2013 to co-lhe !l)llowlfl!i: !0:16a.M. An Or<Jklancc lmplamMting Pro<tiolcn• Of 1M :W12-2015 Cdleelivto Bargaining A<;\rnllr!l<!r>l B-~" The Cit( Md The Communl<:atklM W<>rk.,.. 01 Amerir.3, tCWA)l<>eal 3178; Implementing SlrrOlor Rellremant Plan MlohdniiJllt!l F« Membill'$ Who Ato Not Included In Arry Bargaining Unit; Amending Tho Mlaml Bueh I:!Til>lov-' lltnln!""'nt Pion CrEa~ed By Ordlnonoe 2Crlfr35C4; Amending Section 2 26 Of The Plan By E:rtendlng The Dofcrmd Rotiromont Opllon ?tM (f'lanJ 1'"'9<am From Tllni<l r.ll To FlY• (5) y...,.. l'or Sio;ible M<!mb""'; Amending Soctlon 6.1 il T<> Ro!lect Amended Ellgibllily And Partlcipallon Requlmmill'll!l And Amended DROP ?ton fil31ures; Amending Section 4.03 By Ellmlna!lng Tho i'l.!rehaso or Add11:1CI\al Crn-&r>tce Fer Certain Members; Providing Ftr 8"'""-Y> Repooling All Ortlinan=ln Confllot Tll<row!!h; And Pro.tdlng An llfective Oale. lnqtJiries may bo dlroeled IDlfl<llliJrnan ~.., Doparlmont {;lOS) 673·7524, 10>.30a.m. An OrdlnmlCil Amending ordln....,.. No. 7!l!t, Tho a~ EmploYQM s.laoy Ordln;mc$ or Tho City 01 Miami ~ooh. Florida, Ill; l'oiiQws: P~ For The Classifications n Group IV, RepmseniEd By The Communl<:Ollon• Workers 01 Arne >lea /(:.Wii) locol 3178, In Accordance Wilt! The NegO!Iated Coleclll<e Bargaining Agreement. Etfeclll<e ~ 1, 2012, The"' 5/leU Be Aft In'"'""'" Of Eloveii Feroont (11 %iTo The Ms><i'num Woge For The Q,..,.lieallons 01 Lll6goord II Al1d Ufesuard Lk>uteNI!lt El!ecllve The Fir$! Pay f'el'lo<l Endlng In ~er or2014, The"' Shall Be An """""' The Boon:! Cmi-OHMng Adjl!SirMrlt (COLA) 0! TlltElo F'erc<ml (3%), And Tho Minimum And Mlll<im..-n Of E.acn Pay Range Wll Also a~ lncrened By Thre" P""""'t (3%j; Rape&'lfl!l All Crdinai\Ce!>ln Conflict; Providing FuSev..abiity, An EffedNo Date Al'ld Codlficatlon. lnqtJi~esmay badltectlld to1he II!Jruan ~ O.pat!ment (3\JS) 673-7524. 10:45 a.m. MinimUm Unit Sizes for Hl$tarla Hw.ls Al'ld RM--2 Tower Sa1bocks Ordinance Amel\dlng The Land Devt:l<>pment Regulrulon5 Of The Code Of Tho City 01 Miami S.adl, By Amending Chapter 1 42·, "Zon<ng DIB1rk:tsAI1d Aegula!lons,' By Amandlnq Anlele U, •ctmct llegJiatlcno." By An"'ndlng Dilli!llon 3, ·--Mullllarnlly Dislrlcls,' By Amending S""'lon "142 155"To Madly The ReqtJitemonts For Minimum HolEol Room Slza Fer IUototic H<rtcla Willi In The RM-1 Dlstllel; By """"ndlng Soctloo "142-217" To Modify The Requlrsmot!lll FOI' Minimum Hotel Room Size for HatOfic Hotels Wlthln The RM-2 Dlatnct; By Amending Section "142·2111" T<> ModlfyTheTowerSetheck R<qul~ W1ltlin The RM-2 Dlslrlct; By Amending Section "142 ·246" To ModifY The FleqtJI"""""ts For Min limon Hotol Room Size For Historic Hoto!s Wllhn The RM-3 District; 11;00 ....... Ordnance Amondl-lg Chapter 90 01 The Miami S<a:;h City C<>OO. Ernftled "S"'io:l WasiE." By """""ding Artlc!a V, Ent!!led ·~e.Reey!:nng Program For Multifamily ResldenceoAn!l Commerx:IOI E"""'"lohmenb." By Amondlog Sccllon 00-343. EtrtiUed 'Pilbllc Educrul"" Progrom; Requirements For Re<)yll!ng ConiJ1lCio!'e; Waml11y Portod; Enlorcornei'll Dale.' By Ei<ten<!lng The Warning Ponod From Ju!1o30. 2Q1~To Ocoernber31. 2013 And e.t<mdlngThe Beginning OIThe Enlorcllment Periodfl'Wl July 1, :.ro13 To Jonuruy 1, 2014; By Arnondlng soc~oo sc-345, E'nlltkld ·Ent~~ment, • By ettendlng The Beglming 01 The E!'lforoern<lnl P<nld From Joly 1, 2013ToJanuary' ,2!l14_ 11;15a.m. Ordinance Amending Chap!"" go Of Tho Mlorlll BI!IIOh City Codol, Entlllad "Solid 'l'lasle," Dy Amending Sectton 90-39 &llltled 'FIM Sched.ile For\llolallon•lo~ And Applied To D.vne-s, Agerrts, Tenanl!\, OcoupenlB, Operallll'$ Or Mm•gors, Or P..-aons R""P<JflSible For The Vldrulon," By Amendll'l!O The Fine Seh<Odulu For \llala!lono. ot Sectloo 90-36 And 9~ And Pm;idlng Far ConsfmEflt Terminology Regarrtklg Fire! And Subsequent Ollerules; By Arn•nding Sa.:tlon SO·<IO, Entitled 'Fine SchEdllie For Vldollons01Sedlon• go .. aa: 90·'07;9D-19' ElSeq.: ~22' EtSeq.;AndSC-2118 By PrMrt•Wastec-· By AmendinG And Pr<Nidlng For Fme SChlldlt•• And Vlolatlona C~tun! Wilt\ The 1'!\>vislons 111 The R~ s.cttom And n Seetlonl! 00-::16, 90·9$, And 90-iCO, And p..,;o;1ng For Consistent T0011lnology Aeg-og Flrot And S.t>requenl Olfen .. s; By AmendinG Secllon 90·222, Cntitled ·ust Of Accounts. • By Providing Roportln9 l<oqul""'""'b For DIOO<>nflnued Aoorunt• Conol!llmt Wllh Soo!lon !IIJ-36. 11:30am. Ordinanco Amendlntl eMptor 82 Of The City Coello, Entitled •Public Property." By Am ending Miele Ill, En!lfted • ~oming Of ?u!JIIo Facllltleo And ,_lollmmt 0! Monuments Or Memorial•." By·Amending Serrli<rt 82-!>03, Enll11&d "Nart'iirll; Of Public F!ldlhl•s.' Ely Eliminating The Requirement Of A Referend11m In Such Cases When The Focility T<> Se >lame<:! or Rename<:~ Is Clly Owned, An<! Not Already Named For An lndi'Jidual Or Individuals ?urnu..-.tlo Sac!~ en 82·503(11)\4), And The Propoud N~~rne lr1cl•<le$ Tho Name 01 The f'h)'Sicall.t>eatlon Otlh<l Facility Or The Facility To ae 'lamod or R<mamed, 'M>ltl\ May lncllldo! The N\1me Of The Park And/Or Street 'Mlere The FacUlty Is loceted. ~<l'Ji!Ul$ orny b<t-to !he City A~~'& O!f!ce (3051673-747C. L'ITEAESTED PARTIES am ln'llted fl:> appear a! this m .. tirlg, or be repreMI'Tted by an agent, or 10 ~ lheil' v!ew11ln wrffing ac!dre$sed !o !he Chy Commission. c!o the Cll'l Cieri<, 1700 C<lftvenlion Canter Drive, 1st Floor; .City Hiil, MIM'II llMch, Florida 3:3139. C¢pie& of th-ltoms ar• avalllbl• for publle inopoetion o..ing """""'--in 111" City Clerk's Olfice, 1700 Conven!lorl Cen!l!r Drive, 1m Floor, CHy Hall, Miami Beach, florida 33~3!1. Thl!nooatins cr arr; oftM IMmsheroln may b<> CO!'Itinuod. end urn:lerwoh elrcLNT1Man<n addltlonall"9"' notice wl! not b<> provided. Rafael 1:. Granado, Cll)' Clm: Clly of \!I ami Beach Pumi.Hll'lt to Sectioo 21!6.01 05, Ra. 81al, the Glty hemby ~the public that~ a peBOn clet:ld<:s to aj:peal ""''deol:lion made by the Clly Commission wfth resp<>ct to any matt..-"""oidered at ib onee!frlg or lis heerlng, sueh person must ensurn that a Vlllbatlm rec.oo1 of th,. pmc~nss Is I'Mdc, wtleh reeon:llnoludes the tes!!mony "'d evfdenc:e upon wh!cll tire oppeaJ ism ba ' b~. This notice doesnctcon!!iltute OO!>!Jenl by lire C~yfor the lntradurrlioo or oclmiMI<ln of ott,.,rwl,.iMdmloslbleor Irrelevant <Mdooce, nor does h authorize <MIIens•• or appeal> not olh""""" ollowed by,.,.,, 10 request tills malerl<ll In ""~" klimat sign language interpretem, ltilurmallon an acc<~>ll fer p.;r!IMo with dlolabiiiUcs and! or any ~atlon to r<M.w any d~t or p~ in any Cily-spcn•o:"'!d ~ng. pl-eor1lncl ""~vo d"Y" ir1 advance at (305) fi73-7411(voicej orTfY ooars may alrooaJI tho Flofldo Relay SE<VIu at 711, Adt-'799 517 THIS PAGE INTENTIONALLY LEFT BLANK 518 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission OfThe 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 that multifamily 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. Per the ordinance, multifamily and commercial establishments that do not have 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. Furthermore, the ordinance stipulates that properties without a single-stream recycle program have been subject to penalties since July 1, 2013. As of May 2013, 1477 multifamily residential buildings, businesses and commercial establishments within the City of Miami Beach did not have a recycling program. 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, in addition to other constraints, have prevented compliance. 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 (6) months and that a third franchisee waste hauler be selected prior to the penalties coming into effect. At the July 19, 2013 City Commission meeting, it was requested that the cost of single-stream recycling service for multifamily residences and business be provided. The City's franchisee waste haulers estimate that their recycling services cost under $5 per cubic yard a month. Currently, multifamily residential customers under nine (9) units that chose city service pay a flat rate of $36.19 per unit per month, of which approximately $4 per unit per month of this rate is for weekly recycling services. A quote for the average cost of single-stream recycling service was requested from Southern Waste Systems and World Waste Recycling. However, both companies have been unresponsive to multiple requests. Miami- Dade County has reported that single-stream recycling service for customers on county service costs approximately $3 per unit per month for service every other week. THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SECOND READING PUBLIC HEARING. Advisory_ 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 (6) months and recommended that the third waste hauler be selected prior to penalties coming into effect. Financial Information: Source of Amount Account Funds: 1 OS PI Total . Clerk's Office Le islative Trackm Departme~t Director Assistant ETC MT T:\AGENDA\2013\Sep\ember 11\Recycling Ord1nance Summary_Second Reading.doc MIAMI BEACH 519 AGENDA ITEM ___:_;{f;,.;;;S"_Q..,....-..,.... DATE f-//-'/3 MIAMI BEACH City of Miami Beac:h, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and ember FROM: Jimmy L. Morales, City Manage•t+----.. SECOND READING DATE: Septe}llber 11, 2013 SUBJECT: AN ORDINANCE OF THE MAY RAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDIN 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 11 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 Second Reading and Public Hearing. BACKGROUND At the June 6, 2012 City Commission meeting, the City Commission adopted Ordinance No. 2012- 3768 mandating that multi-family residences with nine (9) units or more, as well as commercial establishments implement a single-stream recycling program by July 1, 2013. Additionally, the City Commission 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 have 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. 520 City Commission Memo -Recycling Ordinance September 11, 2013 , Page 2 of3 The City's ordinance shares the same fee schedule provided by the County's ordinance. The ordinance stipulates that properties without a recycling program have been subject to the following penalties since July 1, 2013 for failing to provide a recycling program: 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 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 (6) 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. At the July 19, 2013 City Commission meeting, it was requested that the cost of single-stream recycling service for multifamily residences and business be provided. The ordinance requires that all multifamily residences with nine (9) units or more contract a private hauler for single-stream recycling service. Multifamily residences with eight (8) units or less have the option to contract with a private solid waste and recycling provider or contract with the City for solid waste and recycling service. Customers that chose to contract with a private company have more flexibility regarding the service provided, including the number of pick-ups, bin size and collection location (i.e., curbside or back of house). The price of solid waste and recycling service from the three (3) franchisee waste haulers is dependent on a number of factors including: multifamily or business location, contract duration, proximity to other customers in the area, and specific service requested. The City's franchisee waste haulers estimate that their recycling services cost under $5 per cubic yard a month. Currently, multifamily residential customers under nine (9) units that chose city service pay a flat rate of $36.19 521 City Commission Memo -Recycfing Ordinance September 11, 2013 Page 3 of3 per unit per month, which includes garbage pick-up twice a week and recycling service once a week. It is estimated that recycling services comprises approximately $4 per unit per month of this flat rate. A quote for the average cost of single-stream recycling service was requested from Southern Waste Systems and World Waste Recycling. However, both companies have been unresponsive to multiple requests. Miami-Dade County has reported that single-stream recycling service for customers on county service costs approximately $3 per unit per month for service every other week. CONCLUSION The Administration recommends that the City Commission approve the ordinance on Second Reading and Public Hearing. Attachment: A Recycling Ordinance MT/WJJF/RWS/ESW T:IAGENDA\2013\September 11\Recycling Ordinance Memo_Second Reading.doc 522 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: 523 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 .(1ll 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. 2 524 (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, 2016 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. 3 525 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 (Sponsored by Commissioner Jerry Libbin) 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 4 526 MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBUC HEARINGS NOiiCE IS HEREBY gillen that public hearings VIII be held by !lie Mayor on<! Cl!y Commisoion o! lhe Clly d Miami B-h. Florida, In the ComrniS<IIon Chambern, 3rd floor, Cily Hall,' 1UC Coo~on Center !:liNe, Miami ee..:h, Fk>rida, on Wecln6dey, September 11, 2013 to consider the lolfowlng: 10:15 a.m. An 01*1~ lmplemenllr>;~ i'ro>'ISono Of The 2012,2015 Collectllle l!llr{latnlng Agreem!r1t aetween The City And The Cnmmtlnlca!loos Work<n Of America, (CWA) \.oeal 3176; lmpiemt!nlln!j Similar Retirement PI"" AmendmeniS For Member!l Who Ne No! lnclutled 1'\ Arrj Bargaining Unit; .om.ndlng The Miami B4ach EmployOOI!' ~I Plan Created By Ordinance 2000-3504; Amending Se<>!lon 2.25 01 The Plan By Extrndng The Do!erred R<lti.,menl Option Plan (PI!mi Program From Thro<> (3) 10 Fr.o(~YOOB For Eligibl• ~-;Amendi119 Section S.13TQ Rellee!Amended£1Jglbflily.Ancl Pru'lfdpa!!on Requ!MrnentsAnd Amooded DROP Plen fea!urns; Amen<lng Sllclion 4.1J3 By Ellmlno!lng The PtrcMse 01 Additional Cnad!abl!: Servioo For Certain Merri>OB; !'rovldJn9 Fa Severability; R"'Jealing All Ordifl!lf1C<O> In Conf!IGI Therewith; And Pr<Mdlng An Effective Date. Inquiries may bo draGtod k> the Human Resources Dopa!1mootf.la5) 67!3-7524. Ul;;»o.m. An o-dlnance ~>mending Ordinance No. 789, The Clasoilied Employees Salary Orrlnooce Of The City Of Miami Seaeh. flcrida, As Follow..: l'mlliding For ill<! Cil:E$ficatfoos In Group 1'1. Repre"""ted By The Cammunicallon• Wori<llrs 0! America (CWA)local 31 7B, In Acooldaroo Wil!l The N<!Qotlated Collee!lve Bargaining Agmemont, Eltecllve October 1, 20' Z. There $1\eH !leAn lncreMe 01 El"""" F""'ent (11%) lb The Ma<imum Wage For Thi!>CiassflcatJ""" 01 Llreguard II Ancll.lfEgoord Ueulenent: Elfec1lve The Amt Pay Period Ending In October 01 2014, There Shall Se An ~The ~ Coot-01-lMng Adi<Jslmel'll (COLA) 01 Throo Pe<rent {3%], And The MtnlrroJm And MO>dmum 01 Each Pay Range Wlft Also Be ln<rnasod By Three Per<:ent ('3%): Repeallllg .1111 Ordlru•n-lrl Conlllet; l'mlliding-For S...onlbifity, kl Effecliy& Dele Ancl COdification. lnqulri"" may be dlra<:kld to the flumon R"""""'"" Department (:lOS) 573-7524. tD-.45a.m.. Minimum Unit Sizes for HMOric Homls And RM-2 Tower Se!bacl<o Or<inance Am..-.::llng The land D~velopment Reg>ftall<lns Of ill$ Code 01 The Cit>! Of Mlsml Beaol1, By Amnndln9 CMpter 142, "Zoning Dis1rlclo.And Regulotions,• By Amending N!IG!e II, "Diotrlct ReguiatiOM,' By AmQndlng I)M!Ion S, "Re.ldenllal Multl!!mlly Dl.m1c1:s; tly Amendng SeGIIon '142-15!i" To Modify The Requlrernm"' For Minimum Hotel Room Size For Hlotor1c ~I.>!Gl• Wl1toll1 The RM·1 D!st!lct; By Am<lnttlq Sectlc:n "142-~17" To Modify The lleqiJirements FOI' Minimum Hotel Room Stzo For f~storic Hotels Within The R'k2 lJie!ltct; By Amending See!lon "1 42·213" To Modffr The Tower Se!baGI< ~1:$ Wl!hln The RM-2 Dl$1ri<:t; By Amendlrg Section '1 42-246" To Modify The Requlrernen"' FOt Mlnlmllm Hotal Room Size Far Historic Hotcls Wllhill The RM-3 D!strlc!; . In quirt<• may be -eted mlhe I'!Bilfling Oeparlmentat (305) 673-7551:. 11:00 a.m. Orrlin011ce Amenlilng Chapter 90 Of Th~ Miami Beach City Code, EniiUed 'Solid Wa.-1£." By Amendlrg Ntlcle V. tntltled "Otywlde Recyo:llng Progmm ForMul~!amily Residences And Commen:lal Elllallllshments: By Amer<tng Sectk>n 9(H43, Enlllled "Public Edueo11on l'rogrom; lloquirernents FO< RecycllnQ Cootrootnrs; Wamlnjj PeriOd: Snloro,.,.ot Date,' l:ly Extending The Warning PerlQd From JuneJO, 2013To Decemb<>'31,2()13./lnd Extending Tho Beginning Of The Errtomoment ~e~od From Julyl, 2()13lb J811tJSt)' 1, 2014; By AniM<inQ S<>Cti'-'1 9C·345, En!llled "Enlon:mer>t,' By Exlendlng Thlllleginnl"lj 01 The E~emer1\ Period From July 1. 2013:lb Jenoory •. 2014 lnqulrie3"""' be dlfeclad tv 111e l'tlblcWOrl<o Departmont (:lll5~ 57~·7000. 11:1& a.m. Ordlnonee Amending Chopler 90 Of Tho Miami Boacll Clly Coda, EnltUoo "SOlid Wast<>," By Nr<!lldlng Soctkln 00·39 CnWed •Ane SchediJie For l/lola~e<1.0 ~kid ~00 To Owner5, Agent., Terlan!s, ClreupMI5, Opem!rlm Or Manog..-., Or P..-.ono ResponBible FtrThe Vlolal!rn,' By Amonding Tho Fine SchediJIE!!I For Vl<>la~ons 01 Set:tlo" 90-JSAnd 00..95 Arid f'r011iding For Conol$telrt T"'"'lnoiogy R~g F~ And Sub•equent Oflmmes; By Arrmndlr'!J Secilin 91l·41l, En1lll«d 'Fb> Schedule For Vi <lations 01 Sectioos 90 ·9!1: 90·1 07; 90-191 El Seq.: 90-221 Et SeQ.: And S0·22ll By Priwlo Waste Conlrsctors." By Amendklg kid Prcwldlnjj For flne Schodutoa And Vlolollors COO.mtEnt Wl1h Th• Pr<Mslons In The R~ed Sf!ctlollo And In Section• 9C ·36, 90 ·99 • .land 90-iCO. And Pmllidlng For Corsi-T<>rmlnology Regordlng Firnt And Subsequent Otlen"""; By Amending secuoo 90-222, En1t1od "Us! Of Accounta.• By Prcvldi"g Repelling R<oqul-n1!1 F0< Dloeonllnued 1\Doourrts Conol-.1: Wl1h Sectloo oo-3e. ifu.Jllrl"""""' be dlrBcledtn the Flt.roHc Watl<!l Depanmem (:ltl5J G73-70llll. n;30a.m. Ordlrartoo Amendlnjj Cho;:rter B2 01 Th • City COda, Entlllod "Public l'rnpor~y: By Amendlrg Ntleie ,.~ Enllfted ">lomlng 01 Public Facllt!l6a And Estabil!lhment 01 Monumont• Or MemOriels, • By Amendlr>;! Sootoo 82-om, Erd!~od "NaminQ Oi Publk Facllltieo,' By S!minatl1'19 Tho Requiremenl Of A Ref9<endum 1i1 Su<11 CIJ$.0$ Wl'len The FacllltyTo Be 'lla!ru>d Or Renamed lo City OWned, An<;l Not Alreody Named FOf' An Individual Or lndl-Pursrnt~l To SMIIon 82-5a:l(a)I4J, And The Propo!IO'd Nam• Include$ The Name O!The !'hyoieallocatlon Of The Facllily Or The FacliHyTo Be Named Orl'renomed, 'Mlloh May ln<ludo The ~e 01 The i>atl< And/0< S!roet Where The Fo.ellily b Located. ln(jlllriM may be dl~ \<!the City A\lomey'" Office €305) 673-7470. I"'TERESTED PARTIES ""' leviledlo appear at !hill rnootfng, or be ~ed by an llgel"ll, <K tc express IIIGr vi emir. wrffin9 oddr..,sed to tl!<l aty COmmlu!Qn, do the Cltv Clerk, 17C(J Cooventlen C<lllter Drive. 1st floor; City Hall, r.uomt Boacll, Flolida 33139. Copiell ollh .... ftern& ""';>,v~<ib'* fQr public inop4Gii<KI duritlg notma! b~ hc<n in 111<1 Ci\y Clorl<'s Office, 17C<J CooYel!l!on CenterDrill<l, oot !"lc<>r, CHy Hall, Miami Bmcll, Florida 33'39. This mw!lng at any of the illlmsh..-..ln "'"~' bG oootnued, and under 11Uth clrcums!ances additional ~elf'~~ notiee wiU not oe p.-ov!ded. Ratacl E. Granado, Cllv Clerk City ol \!ioml B•actr Pursu1llltto Section '11!6.01 05, Aa Slat., the Cl!y hemby odvlsoo tile publlo IMt ~a pe...on t!ecldeoto appcalaroy decision 1l1i>d<> by the City Cornm!osion wltll respect to any matter coollidored at Its meeting or Its he..-lng, """h pcr:!OI1 must em!Ure 1hol a llllmatim rreon:l of lila proooodlhgs Is """"'· v.hiro reG<ltd lnolooes lhe tos!inlony <Yid <Wtdence upon whlel! the "'>P"al ;,. to ba based. This E'IO!Iee ooes not cor>stltute consent by the Cl!y tor the lntroduetlon or octmlssion of -rwl"" llllldml;sibie or lm.levant •vld..,e, ncr does It authoruo challengoo a appoale not othm<Ase allowod by law. 10 req.~est ltris mat!:MI in ac=<libte format •lgn 101'\QUil!lO inlorprelml, lnlormatk>n an eccess fa-J.)<Jmllns with -~·• and! il or MY liiCCOITJ'l>Odatlon to t$i....-any ~ocurnetlt or p1011ldpate in ""Y Ci!y-sponsoM pr~ng, pl-eontaot U<; ftve dey9 1o adwnee at (305~ 1>73-741' (voioo) or TTY user& may also call the Florida R<rloy s.rnoo at 71 1 . Ad•79Q 527 THIS PAGE INTENTIONALLY LEFT BLANK 528 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, 90-1 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 ln 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, Severabilit , Codification, And An Effective Date. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summa /Recommendation: At itsApril17, 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. At its May 8, 2013 meeting, the City Commission heard and approved a referral to the Finance and Citywide Projects Committee (FCWPC). At its May 13, 2013 FCWPC meeting, the committee commented on previous complaints regarding problems with sanitation, including missed pick-ups, overflowing containers, and customer service. As a result, the Committee suggested an amendment to Chapter 90 of the City Code, in order to address these concerns and forward the item back to the City Commission for review and further discussion. At its July 19, 2013 Commission meeting, the title of the Ordinance was read into the record and approved on first reading. A motion made by the Commission to proceed with a Second reading and Public Hearing scheduled for September 11, 2013. THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SECOND READING PUBLIC HEARING. Adviso Board Recommendation: At its May 8, 2013 City Commission meeting, a referral was made to the FCWPC. At its May 13, 2013 FCWPC meeting, the committee suggested an amendment to Chapter 90 of the City Code to address resident's issues and concerns and bring the item back to the City Commission for review and discussion rior to an issuance of a new RFQ. Financial Information: Source of Funds: OBPI 1 Amount T:IAGENDA\2013\September 11 \Franchise Hauler Ordinance amendment. Summary. doc MIAMI BEACH 529 Account AGENDA ITEM ___._R....:...=S_E __ DATE fl-/f-1$ ~ 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 FROM: Jimmy L. Morales, City Manage·~---~~--.....SECOND READING PUBLIC HEARING DATE: September 11, 2013 SUBJECT: AN ORDINANCE OF THE M OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AM NDING 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 Second Reading Public Hearing. BACKGROUND: At its 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 its March 21, 2013 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 530 Solid Waste Ordinance Amendment • Memo September 11, 2013 Page2 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 its 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. At its May 8, 2013 meeting, the City Commission heard and approved a referral to the Finance and Citywide Projects Committee (FCWPC). At its May 13, 2013 FCWPC meeting, the Committee commented on previous complaints regarding problems with sanitation, including missed pick-ups, overflowing containers, and customer service. As a result, the Committee suggested an amendment to Chapter 90 of the City Code, in order to address these concerns and forward the item back to the City Commission for review and further discussion. At its July 19, 2013 Commission meeting, the title of the Ordinance was read into the record and approved on First Reading. A motion made by the Commission to proceed with a Second reading and Public Hearing scheduled for September 11, 2013. 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 Second Reading Public Hearing. JLM\~JF T:\AGENDA\2013\September 11 \Franchise Hauler Ordinance amendment. Memo.docx 531 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 MAYORr 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: 532 CHAPTER90 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)faj Violations of sections 90-96, 90-97 and 90-98 100.00 200.00 Fine (1) The placement of dumpsters, garbage, trash, butky and/or industrial 'Naste Garbage facilities on public property without a permit: a. First occurrence offense ..... b. Second or subsequent offense Follo•Ning, 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)fbj 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) ..... 2 533 $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){G) 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 l=ollowing, 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 l=ollowing, per occurrence ..... (3) Illegal disposal of biohazardous and/or hazardous waste: a. First occurrence offense ..... b. Second or subsequent offense !=allowing, per occurrenee ..... (d) Viof.atioRfs) of section 90 36 (1) Creation of health ha:Z:ard, environmental hazard, or nuisance: a. l=irst occurrence .... b. l=ollowing, per occurrence ..... 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)fajViolations of section 90-98 (1) Dumpsters and rolloffs placed on public property without city permit, per day ..... ( c)f91 Violations of sections 90-99 and 90-100 (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)(ej 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 ..... 3 534 100.00 250.00 $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 foii0¥1ing, 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 occurrenee ..... (11) Dumpsters not returned by contractor to approved location, per offense occurrence ..... U22_Dumpsters providing shared service to properties with different ownership, per offense oeeurrenee ..... {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 .... fG-1(14) Violations of seetion 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. 4 535 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. 5 536 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 MA TTl HERRERA BOWER APPROVED AS TO fORM & LANGUAGE Q;:d~ION , '" 7/Jv/i) CITY mORN~ DATE T:\AGENDA\2013\July 17\Franchise Hauler enforcement ordinance 90 amendment 2013.docx 6 537 MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBUC HEARINGS N011CE 1$ HEREBY giVen that public hearings Wll be held by 1l1e Mayor 1md City Corrrn ... on of the City of M*"i Beach, FIOOda, In tho c.,.,;.,;on Chambers, 3n:l fiQO<, City Hall, 1700 CmvenUan Center Drive. Miami Beach, flaida, on We<ln<>Sdar, Septerober 11, 2013 to cooolder111e f<>ilowlrog: 10:15 am. l>t! ()rdn.....,., lmplemen•rog Provisions Of The 20111-2015 Calle<rttve Bargaining Agreemmt BetWEen The City Jlnd Tho C<>nlll'<lnlc31iono Wcri<""' Of Amet!Cil, {CWAI Local 3178; lmpleroor•ng Similar ~lhmont Plan Amendrnonts For Memb<!fs Who Ate Not !Miuded In Any Bargaining Un~; Amending Tho MI....., Beach Employees' Rottrernent Plen Created By Ordinance 2CUS-35C4; Amending Soct!OO 2.25 01 Tho Pian By Extondlng The 0.!......:1 Retirement Option Plan (P!anl Program Frcro Thnee (3) To FtVe (5) y...,. For Eligbl& Momb-Amending Section 5.13 T<> RelleetArMnde<l Ellglhlll!y And Parlldpation RerpJiremMIS And Am<nded DROP Plan Fearu..,s; Amondlng Section 4.03 By Blminatlng Tho l'urr.hase Of AddiUmal Creditable SoN!«> f« C<lrtaln Menbers; Provic!ing For S.-rab~l!y; R<lp&aing All Orti~ In Contllcl Thernwllh; And Pmvldlng An ElfeGUve Dme. lnqulr!"" may be cJrected to the Human Resources O.parlmorrt (3051673· 7524. 1G-.30am. M Ordinance ~ing Ordlnanc& No. 769, Tho Cl.usi!led Emplayeos Salary Ordinaooe Of Tho City 01 Miami Seaeh, Flcrlds. As Follows: P!l>Viding Fa The Clas3ifica1lons In GrouFJ Ill, Repo'osented By The Communloa:tloos WorkeB 0! Amer1ca (CWA) Local 31 78, In Aceoi<Jane4 With Th~ Nego•ated Collective ~I nir>g Agreement, ElfeetJve October 1, 2012. ~re Sl>al Be An lncreooo 01 E!<M>n PercBill (11 %) To Tho Maximum Wage For The O""'"lieallons 01 Llfugtlal'd II And Ufoguard l.leuleMnt Elfec1lve The F~ Pay ~d Ending k1 Outober Of 2014, Them Shall Be M Acrooa The Boa.d Cost-oi-I.Mng Adlustmont {COlA) Of n ... e Porcon1t3%). And The Minimum And M""lmum 0! Each Pay Range WIR AM Be lncteaSO<I By Tlm!e Percent {ll%); Repea!ng All Ordln..,_ 11'1 Conflict; Ptov!di'!g For S.Werabiity, /ln Effective 0. And Codification_ klqulrleo may be dlr&c1ed II> 1M lruman RMources O.parlment (;305) 673-7524. 10:45 am. Mkllmum Unit Sizes For Hl!tcrlc Ho1<I$And RM-21bwer ~· Ordinance Amending ~ Land Oclltl!opmont Regula1101'1s OfTM Code Of Tho City Of Miami Seaeh, By A"""""'ng Ch;lpter 142, 'ZoninG Disltlel$ And Regulations,' By Amending Article II,·~-RogulaUon~: By Amending [.llvf$ion S, "Re.ldential Mullllamlly Di1!lllds,' ByAm""<ing Sectton "142-155"To Modlt,-Tho Aequlremerrta For Minimum Holtll Room Size For Hlolo!'lc flotelo Within Tho RI.H District; By -ndhg sectiOn "142-21 r To Modify Tho Requlrem$nl$ For Minimum HoW Room Sizo for Historic Hotels Within Tho RM-2 Dtolllet; By Amending Sec!loo "i 42 218'" To Mooty The TDW'31' Selbeck Requirement:~ 'Wflhln The RM-2 Dl:<lrlct; By Am<!ndlng Sectioo "1 42 .. 246" To 1\!odity The Ro<iull'!!menla For Minimum Hotel Room Size For Hlstorlc Hcltll& W11111n The AM·3 Dls1rlct Inquiries maybe clrectcdl<llhe Aanl"lng ~Bill at (305) B73·755C. 11:00 am. Ordinance Amending Cllapter 90 Of The Miami Beach City Cede, Entiltsd "Solid Waole," By Amendng All!c!e V, En!llted "Oty\11de Rocvellng f'rogi\W ForMull!fumily Resld€!f1CeSAnd Commen:lai Establl.shments." lly Amending Se<>llon 90 343, Entltled "PubliC Eduoallm Program; RequtE>nlllrll8 FO< Recycll!1g ~: Warning Pertod; EnforoetllOtll Dele, • By EXtEnding The Warning l'erlodfmm JUne 31J, 21l13Ta ~31,2ir.JAnd Extending The Beginning OfTheErrtomemerrt PeriadfrcrnJuly,, :a:m T~ J~ 1, 2014; By Amending Sec11oo 90<1415. !;n!ltled "Entorocmerrt, • By E><Mdlng The Bejjlmir>g Of The Er>lomemon\ Period From JUly 1, 21l13To January 1, 2014. ln~doa may be directed to the 1'\lb&c WM<• OEpar\merrt (305) 573-7000 .. ll:1Sa.m. Ordinance Amandlnij Chi1!)1et' 90 Of The Mlaml Geach City CQde, Enlffiod "Solid waste,' By Amending Section 90---39 Cntilled 'Fine Schedule For Vlolat!mo 1!1!\ll<ltl And Applied To Owners. AgenB, Tenomo, Qecuponto, Op<:rntorn Or MMogers, Or Pt!r!lons Reoponsibh> for The V1cla11on; l\y Amonclng The Rne Schedules For Vlolatioos ot Soction S0-36 And 90--96 .And Providing For Conslslml rerrninol<>gy Reji8<dlng FirS! And SIJ>sequBill Olfun..,$; By Amending Section 00--40, Entl!lod 'Fine SchcdUe For Vlclallon$ 01 Seollm• !)()-93; 00-107; 90.19' Et Seq_; 00--22~ Et Seq.; Jlnd 9C-228 By P!!Vate-C<lntrnc!Drs." By Amendint; And Prwldlng For FlM Schedules And \/1o~!Jt~Qno Cmolstent With The l'h:>lll!llons In Tho Ref.,..ncod Section• And In Se<:tlons 90-36, 9C · 99, And 90 -10C, And l'fCtVId!ng For COOS! alent T~lncl<>gy RegM!Ing l'lrSI And Subsequent Offllnses; By Amending Se<:U011 90--2l!2, En~Uod "List ot Accourrts. • By Pmvlditlg Rcpmllng Requlromenls For Discontinued A<oourrto Con91_.,t Wllh Section !lll--36. In"""~ may be directed to !he l'ubllo Wo<l<s D<parlmerrt (305) 573·7060 11:30 a.m. Ordinance Amending Chap!..-~ 01 The City Code, Entitled 'Public Property,' l\y Amendnl) Miele VI. Eml~ed ''lomlng Of Public Facilllles And Eslabllohmerrt Of Monumel'll<! Or Memorial&,' l\y Amerdrog Seetlon BE-503, Errtltied "Naming 01 Pubic Fi!Clll1kls: By 91mina11ng ·The Requirenwrt Of A Referendum In Such c...,. When The Facility T<> Be "'emed Or Renamed Is City OWn<><!, And Not Already Named ForM lndMdual Or lndlvldual$ Purouant To Srollon 82-fiD3(aj(4), And Tho Proposed N"""' lndud!!$ The Nome 01 TM Phjll!icru LocaiiOn 01 Tho facility Or The Facllty To Be Named Or li~. \'ohlch 'day lndud<. The Nama 0! The Porl< And/Or S!recl Wi1•.-e The Facility !s l..ooalod. lnqulr!.., rray b<: dlr&Ckld to the City Atb>m"Y'& Office (305) G73· 7470. INTEflESTEC PARTIES""' lnvtted !<> ll!lpelll" at 1hl& m""'tlllg, 0!' be ~--.too by an ogont, or!<> OJ<pr!!OS their '<lew& In wr!tlng addrosoed to the City Commission, c/o !he City Cletk, 1 lCU Cot1vmtllln Contar DOve, 1st Fl<>O<, Clly H~. Mblml Bead'l, Floiida 33139. CopiM of 11\<10$ it"""'"'" ""l'ilmle to< public~ during norm.>~ buolnes& ho\n In II\& City Ck<l<'" Offiea, 1700 Coovenllon Center DriW>, ~ st Floor, aty Hoi!, Miami S.Ch, Florlda 33' 39. This meeting ar any of 1M Items hemin may bo ee>ntinusd, end under such e:freumslarlces additional legal notice will not be provided. RafaEl E. Granado, City ClErk City of Miami Boactt Ptmil.mrrttoSOc!.lon 2!!6.0,05, Aa. Sial, !he City hereby odviooolhe publfo !hal h l'f"'M<' dooldO!! to appeal anydeel$1on mode by t!>e City Commlosi<m with mspeut to any mattor cmside<ed allis meeting or i1s hearing, 1>UCh P""W' must """""'that a verbatim r<~Cord of the procoedln~>l> tnade. which ...,.,m lncludaslhe tastlmooy end <1'ilclence UJ)on ~ICI> the \lPl)elll is to be based. This natlce does not cOOSII!ule oonsent by the City for 11\elntrcduetJon « adll'!ioslon of oltmrwlse !Mdmlsolbio « lrtelewnt e¥\dence, n« does 1t oulhorlze ohllilengcs or appools not Olharwlse allowed by law. To request this malerlal in accOSillblo format. sign language lnterprelers, lnlorrl1<ltlon on nccero fur IJCfS'll1'l With <I!Wlillijes and/ or any aooommodllllon to ,.,..., ""Y """""""''or perticipola in ony Clty-opoo.sorod ~ing, pt.aae eontllel "" ftve ojays In adV...,e at (3G5)1i73--741 1 (voicej or TTY users may also eslllhe Florldq Relay S~oo at71 1. Adt799 538 ;\/\ Ai\l\1 BEACH OFFICE OF THE CITY AnORNEY JOSE SMITH, CITY AnORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION CITY MANAGER JIMMY MORAL S FROM: JOSE SMITH CITY ATTORNE DATE: September 11, 2013 SECOND READING PUBLIC HEARING 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. The above-referenced Ordinance was drafted by the City Attorney's Office and was considered and passed on First Reading by the Mayor and City Commission on July 17, 2013. JS/DT/sc F:\ATTO\TURN\COMMMEMO\Amending Chapter 82 ReNaming of Public Facilities-Sept 11 2013.doc 539 Agenda Item R SF Date 9-1/-lq 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 parkand/orstreetwherethe 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: 540 * CHAPTER82 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, af\G 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. 541 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:\ATIO\AGUR\RESOS-ORD\Naming of Public Facilities Ordinance (7-9-13).doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1\"\') Date 542 N~ THURSDAY. AUGUST 29, 2013 I 17NE ~~~~'--"<-·-.-.o·.,-,-_,,.._,=u.~~._.....,,...,. •. T~""""-,_-..,,-..,,-.=--.,, . ..,,__.,,___,,,_.,,..""~' < >H »>+----~~~.~~'""'"'~""'"q~~'"-~~""""""''-"".-,r~,._.;-n.OC>'"'-"""'~••'~"''"""'Hi ~: i MlAMIBEACH CllY OF MIAMI BEACH NOTICE OF PUBUC HEARINGS NOliCE IS HEIIE8Y glvOI'l that publiC hearlngs Wil be hel<l by 1he Moyor and Clly Commbsion of the City of Miami Beaoh, ftortda, In the C<>rrrni,.;OI\ Chom"-. lid F'!QOT, Clly H ... l. •, 700 Cooomllon Center Drive, Miami Boaoh, Flcri<la, oo Wednes<IOI'I, S..pl...,ber11, :11113 to conol<!er 1he lollowii'IG; 10;15a.m.. An Ol'dnooce lmplomMllr.g l'r<wiolon• Of The 2U12·2C1 o C<:&!ctt;e a..go~nlng A~Jrem1ml Betwoan Tho City Md The Communlca~c:no Work""' Of Amefloa, (CWA)lbcal3'78; lmpklmooUI'lg Similar Ao1lremant Plaro Amer.dmento rcr Memb""' Who ks 'lot 11'\eluckl<! In Ally Bargolrnng Un~; Amondlng The Miami &..,h Empk>j'cc•' Re1ln!roont Plan C~ By 01!:111•u1<:e 201Jll-35C4; Aftlflrdl ng S.Mtkln 2.26 Of The P1M By El<t<ndlng Tho D.a!emd Ft.U,.,.,.,I Opdon f'lan (l'lml) Program Fn:rn Throo (3) To Fivo (51 V..W F<lr Eigble Momb-; Amending Section 5.13T<> Refler.tA!l'lOI"'ded Ell{;lblljty And PaMieii>OIIon R~arn. Md Am<!flC!ru:l DROP Plan r-; Amendln~ ~ 4.03 By El~otlng The !'urcl18so Of Add!~ met Grllrlltatlle ser.ioo fa Certain Mermers; Provid<tg F!>' S<Neral>ii!y; R<!>eolingt.ll Ordinal'lC«< In Cl>rlilctThefewlth: And PI'OilldlngAn Eflecllve DolE .. lnquirlos may b• dlrectll<l to 1M I lUman Re!ooureea Departm•nt (:)05) 57J-7 524. 10:30 am. An Ordinance Amending Ordinance No .. 7119, Tho Clwfied Employees Sei!liY ~nee Of The City 01 Mlarul Seactt, Florida .. An Follows· Providing Fa The Glll3sifioot1olisln Group 1\1, RepreBO!lll!d By The CommunlcaUoos ~ Of America (CWAJ Local 31 78, In Accom~ Wltl1 The Nei;~ated Collective 8aryalnlng Agreement, Eftooll'le October 1, 2'012, Th.,... ShaiJ Be An 111Cl\!!l!l& Of Elovert P~ (11 %')To The Molcimun Wage For The Cla&$1!1eatlons Of~ II And Ufuguard lloo!eilaJll; Eire""" The F1ts1 Pay Pemd Ending In Octobor 01 2014, There Shall Be Art A<lt'005 The Boord Cost..Qf·LMng Adj\!Slment (COlA) Of~ Percent {J%), And The Minlrmm And M<Odmum 01 Each I'!IY Ranga Wli Also Be II1GI<l...,d By Three Psn:ent (3%); Repealing Afl Ordinam""'ln Conflid; P!<>vi<ling F<lr S.werobiii'J, An Efft.:tiv• Date And C<XIIfi-. 10:45 am. Minimum Ul1lt Size$ For Hlatalc Hotels And RM-2 TOwer Setb~s Ordlr!....,e Amending The Lord Devclopmenl Re!Ju!a11on• Of The COde 01 Tho City Of Miami Beach, By Amending CllapiE' '4:'!. "Zonil'lg Oitl1rle!s And Flegutotiom." By Arnondlng Arllcle II, • District Raguletiom, • By Amflrldlng OMalan 3, • Reeldemlel Mul1ifamlt,- Cislrlcts," By Ammdlr.g Soctloo "1 42· 1 55• T<> Modl!Y The Requlrnmen1!1 fCf Minimum lk>tel Room Size For Hlsivrlc f1ofeia Wllbln Tho Rl.t-1 Dl$1rlcl; By AmemJng Secl!oo "14:'!-21 r To Modlly The Raqulramonlo for Mlllinu:n Hotel Room Sl<e !'or Hlstatic Hotels Within The RM-2 Dlolriet By Ame!\dlng Section 'i42-211l"' To Mo<lfy The Tower SatOOck ReqUI""""'"" Within The RM·l! Dlslrlct; By Anmndng SCC!Ion ., 42·246" To Modity Thellequlrnments For \UnJmum Hotel Room Slzs For HlsiOOG Hotel• Wllhln The RM--3 Oistrlct 11;-i)Oa.m. c.dlnance ......,.,ing Olopler 90 Of The Miami 8eaJh City Coda. En1tllad "Solid Waste.• By Ame!\dlng Atlklo V. &>titled 'Ci1ywlde 1\ecycllng P!og!1ll11 For MuH!family R.,;..-l<:Mes And Cammemllll Establlshrnanm,' Sy ftrn<tndlng Soctlcn S0-343. &>llllod 'POO!Ic Educa11oo Progmrn; Roquirernenl<l F'Or F!ec~llng Cent~; Warning Period; Enl=ement o.ne,· By Exrendlng The Wllmlng l'e<IOO Frum June 30, 2C13 To Deoomber~1.2G13 Ard Ex!ondlngTho S<>g~nning Of The Enton:ement Period From July'· 2C13 ToJonu..-y 1,2tl14; By Amending Section SC·345. Entitled "En*'""""""!." By E>JmOingTha Be!;lnnlngOITho E~ement l'eo1od From July 1, 20,3 To .blnllll!Y 1, 21l14. 11:15 a.m. Ordinance Amending Chap!« 90 Of The Miami llet~Cn City Code, Ent1110<1 "Solid WMte." By J\menr!lng Seotlon 00..:!9 Enllllod 'Rrw. Scl1edule For Vlolalims ls.ue<! And Applied To DM'lem, .AQ:~ Tenant!!, 0.:""!lMis, Operatcrn Or M<V1ag<=, Or Pernoos Fleoponoible raThe 1/l<lation," By ftrnondl"!; Tho Fine Sched!ks Fer Voolallms 01 Section ED-36 And 9C-Il'.l And PrOVidlng For Conslslml TemBI1ology Regarding Flo's! And SuboeCJU"''ff Olfenoes: By Amondlng Seoll<>n 90-41l, !Wllled "r!lle Scnedule Fer VIolation• Of Secl!oos 90-'JS; 9C-l07; 9!1-l'l' a Seq.; 00<12~ El Seq.; And !lll·2:111 By P!tvale waste Confra<:-l<n." By Am<!lldlng And l'l'tNiding For Fino Schcdulf!S And 1/lolallona Conslst<nl With The Pnwtlllons In The REf~ SeotiOI\• And In S<!>CIIOM 9() .. :J6, 90 99, And 90-100, And Providing For COJl!listent Tmmlndogy F!eglllllng First Al1d Subsequent Oll<n""o; By Amooding Section 90 .. 222. Ent!Ued •u.t Of Aceounto." By Prmldlng Reporting Requlrflfll<lnts For ~ocOI'f!lnu~d ileeounu Consistent Witl SecUoo 00-SB. 11:30 a.m. Ordinance Amending Chap!,... a2 01 The City Code. &l!ttled 'Public P"''"'flY," By Amoodinl} Ar!l<:le VI, Entl~e<J·Namlng Ot POO!ic FMH~It!• And £sWlllshmmrt Of Mi>numcrtt• or Mcm<lllais,' By AnHnldng Section 52.-503. Enlftled "i>lomlng Of Publlo FooiiHI""," By Eliminating The Requtr.,.,.n 01 A Flof<,r~ In SUch CBEes When The Facllily To a. '<amed Or Renamed 111 Clly O>.ned, And Not Already Named For An 11'\dMdual or Jr.dlllldual$ F'UI'SIJont To Seelloo 82~00(a)(41, And The PropoSed Name lntludeo The Name Of The Physical Location Of The Faciity or The Facllily To Be Named Cr Ronamoo. 'Mllen Moyln<lU<io The Nama Of The Pari< And/Or St...et Whm: The Facilty Is Locat.d ln'-l'Jiri.,. rmy oo <llrwted to 1M Clly AU<>m"Y'-' Office {305) 673· 7470. INTERESTED PARTIES M1 ln'Aled to~ a!lhl$ meellng. or bo ~ed by 011 agent, <K to express 1lmir IIi-In wrlllng ocldre!!oecl to the City Comml$$1on. c;!o the Dty Clerk, 17GO C~n Cantar Ortve, 1st l'loor, City 111'111, Miami -· Florida 33139. Co~ ollh..,.ftemo ar.avsll!i:>l&lor pulojio inop<oe!iM during"""""'~ """'-'In the Cl1yCI6rl<'$ Offiee, j]gQ Con....,..lklo Center Drive, 1st Floor, Clly Hill!, Miami Boach, floflda :l:l,:J!l, Thl4mee!lng rx MY ollholmms h""'n mav be conijnuod, and under S~Jeh olrcurrml""""" addltima! legal notire wtl! not be pNl'iid•d. Aalool E. Granado, Ccy Clst1< Cl!yo!Mlaml B<!ach Pursuant to Secllon 286.0105, Fla. Stat., the Cll'j hereby advis<>s the public !hal~ a-(!eddes to appml any decl!!lon made by the City ~ w~h '~ to .,., mat!ff cmsidered at 113 nmetlng or 110 1\earil'lg. SIJcl1 person must OMU<e tllal a >~Mlal!m r«:ord of 1he proceedlnss lo made. wt<oh I1?CO!d lnolude>11le tes!immV md m-ldence upon wtolch 1M~ l~ to be based, This notlce dooo not coostllule oooo<mt by the CRy lor lha ln11'0duC11on or admission of o!herwloo l"""""'oslbl• tJf llt1Ji0Vlll1t !Wid<nee, na <lees tt outhorb:e chaii""!J')'l or cppeals not ottmrwloo allowed by law. TO ._..st lhls material in ooaesslblo format, sign !mguagelntorpMI:ll'll.lnlom1a1lon on acc'J03 fl:r P""""'" willl <toabilltios oodl '" ""Y ..,rrti'IOdation 1!:> ,...,;...., any dOI;Uil'lO!rll or portkipale in ""Y C~red ~11\l, pi-COO'\!Qct us live daY!' In oo•ance a1(3C51 673-7411 (VOicol otTlY U$81'0.may !llsocalllhe Florida Reloy6er.1ce ot 711' A.df799 543 THIS PAGE INTENTIONALLY LEFT BLANK 544 COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment creating Parking District No. 6 in the Alton Road corridor from 51h Street to Dade Boulevard. Maintain strong growth management policies. Supporting Data (Surveys 1 Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort ut forth b the Ci tore ulate develo mentis "about the ri ht amount." Item Summa /Recommendation: SECOND READING-Open and Continue The proposed ordinance would amend the parking requirements by reducing or eliminating required off-street parking for certain types of residential, office and commercial uses within the Alton Road corridor from 51h Street to Dade Boulevard. The subject Ordinance was approved at First Reading on May 8, 2013. The Administration recommends that the City Commission open and continue the Ordinance to a date certain of December 11, 2013. Adviso Board Recommendation: On September 28, 2010, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 5-0. Financial Information: Source of Amount Account Funds: 1 2 D 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, and estimated that the proposed Alton Road Parking District No. 5 ordinance will have a direct fiscal impact on parking impact fee revenue of approximately -$37,000 annually for existing retail and restaurant businesses that would no longer be required to pay the annual fee-in-lieu of providing parking. In the future, there will be new businesses that qualify for the parking exemption, thereby reducing potential future revenue to the parking impact fee fund. However, this is expected to be more than offset by the incentive that this ordinance provides for development of new businesses in the Alton Road corridor. New construction and rehabilitation is expected to increase property tax and sales tax revenue to the City. Reduced parking requirements in this ordinance are also expected to increase parking revenue, especially in the 51h and Alton ara e. Therefore, the lon term net fiscal im act is expected to be ositive. Assistant City Manager MIAMI BEACH 545 AGENDA ITEM. R S" G- DATI. 9--//--t3 .... ----------------------------------------~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Mem ers of the y Commission FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SECOND READING SUBJECT: Alton Road Parking District No.6 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130 OFF-STREET PARKING, ARTICLE II "DISTRICTS; REQUIREMENTS," SECTION 130-31 10 PARKING DISTRICTS ESTABLISHED," CREATING A NEW PARKING DISTRICT NO. 6, AND SECTION 130-33 "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4 AND 5," BY ADDING NEW PARKING REGULATIONS FOR PARKING DISTRICT NO.6, FOR PROPERTIES WITH A LOT LINE ON ALTON ROAD FROM 5TH STREET TO DADE BOULEVARD, INCLUDING A REDUCTION IN OFF- STREET PARKING REQUIREMENTS FOR CERTAIN LAND USES AND BICYCLE PARKING REQUIREMENTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Open and Continue the Ordinance to a date certain of December 11, 2013. BACKGROUND In the Summer of 2006 the Historic Preservation Board initiated the westward expansion of the Flamingo Park Local Historic District to the east right-of-way line of Alton Road between 6th Street and 14th Street in order to protect the character of the adjacent National Register Historic District as well as the historically significant but yet unprotected properties along this stretch of Alton Road. It was noted by the board that recent commercial development trends along Alton Road could significantly adversely impact the quality of life and historic integrity of the National Register Historic District thereby undermining the cultural tourism appeal and quality of life of the city. At the same time the Historic Preservation Board requested the Planning Department to initiate a major planning study of the Alton Road Corridor, including both sides of the road between 5th Street and Michigan Avenue, which should include an analysis and evaluation of existing uses and conditions, historically significant properties, permitted building heights, allowable FAR, parking conditions and requirements, the efficacy of current zoning, and the character of the public right-of-way with regard to pedestrian amenities, convenient means of transit, and quality of landscape. 546 Commission Memorandum Alton Road Parking District 6 September 11, 2013 Page 2 of 9 The board further requested that the Planning Department organize and advertise a series of community planning workshops, inviting members of the Historic Preservation Board and the Planning Board, in order to gain public input and insight from local business owners and residents so that the Department might develop a comprehensive set of planning and zoning recommendations for future development and preservation along the corridor that would enable healthy future growth and development without overwhelming or adversely impacting the historic character of the area. On January 16, 2008, the Mayor and City Commission approved Ordinance No. 2008- 3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 8 Street and 14 Street; and on January 28, 2009, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 6 Street and 8 Street The Planning Department conducted an analysis of existing conditions, issues and opportunities in the Alton Road corridor and held a community planning workshop on August 20, 2008 to receive community input on land use, zoning, business development, parking, transit and pedestrian/bicycle amenities. On January 27, 2009, the Planning Department presented preliminary findings and recommendations for the Alton Road Neighborhood Planning Study to the Planning Board. On February 26, 2009, the Planning Department and the Planning Board held a second community planning workshop on the Alton Road Neighborhood Planning Study to receive community input. During the Planning Board meetings on April 21, 2009, May 26, 2009 and August 25, 2009, the Planning Department staff held additional detailed discussions with the Board on the proposed zoning modifications for the east side of Alton Road in the Flamingo Park Historic District, known as the Alton Road Historic District Buffer Overlay District. The analysis provided by staff included recommendations for increased building setbacks and reduced building height, all of which depended upon reduced on-site parking requirements to achieve the maximum Floor Area Ratio of 1.5. During the September 22, 2009 Planning Board discussion item, staff presented specific recommendations for reducing the parking requirements. Those recommendations have been incorporated into the proposed Alton Road Parking District ordinance. On September 28, 2010, the Planning Board voted 5-0 to recommend approval of the ordinance creating Parking District #6 (formerly known as Parking District #5) for the Alton Road corridor. On November 17, 2010, the ordinance was scheduled for first reading. The Mayor and City Commission continued the first reading to the January 19, 2011 meeting and referred the item to the Land Use and Development Committee for discussion. The LUDC deferred the item on January 31, 2011, February 23, 2011, and April 21, 2011. On May 18, 2011 the LUDC moved the Parking District #6 ordinance to pending items based upon failure of various stakeholders to agree on details of the proposed Alton Road Historic District Buffer Overlay district. The proposed parking district was not discussed. On September 19, 2012, the LUDC discussed the parking district and directed staff to reschedule the item for the November meeting along with its original companion item, the Alton Road Historic Buffer Overlay District. The matter was continued in November and on January 23, 2013; the Ordinance was transmitted by the Land Use Committee to the full City Commission with a favorable recommendation. 547 Commission Memorandum Alton Road Parking District 6 September 11, 2013 ANALYSIS Page 3 of 9 The proposed Alton Road Parking District, entitled Parking District #6, can be classified as "context-specific parking standards" also known as "flexible parking standards", which are modeled after a national movement to set parking standards to fit the characteristics of specific neighborhoods. Citywide parking standards may not always fit the conditions in a particular neighborhood or the long term vision of how that neighborhood should develop. Context sensitive or flexible parking requirements are based on certain considerations such as access to transit, presence of nearby complementary destinations with walking/biking distance, potential for shared parking, auto-ownership rates in the neighborhood, expected demographics of future residents, implementation of programs to reduce demand for parking and availability of public parking. The Alton Road corridor scores high marks in all of the considerations listed above. Parking District #6 has been tailored to meet the following neighborhood-specific objectives, as identified during the neighborhood planning process: 1. To minimize the height and bulk of new buildings where required vehicle parking would be located inside the building. 2. To encourage development of commercial uses that are oriented to local neighborhood customers and employees who could walk or ride bicycles, rather than those uses that would attract a large number of vehicle trips. 3. To promote the development of smaller, more affordable housing units. 4. To enable automobile drivers to park once at a convenient location and to access a variety of commercial enterprises in pedestrian friendly environments by encouraging shared parking and off-site parking. 5. To reduce diffused, inefficient, single-purpose reserved parking. 6. To provide secure bicycle parking for employees, customers and residents. Parking District #6 would also support the draft Transportation Element of the City of Miami Beach Comprehensive Plan, which contains the following policies: Policy 8.5: Maximum Parking Standards The City shall examine the economic, transportation and recreational impact of strategically limiting parking in certain areas, as a means to reinforce alternative modes of transportation. Policy 8. 7: Bicycle Parking The City shall require all new developments to provide secure short term and long term bicycle parking in the form of bicycle racks, bicycle lockers, locked rooms or other appropriate enclosures as a way of reducing the demand for automobile parking. Policy 8.9: Monitoring Supply and Demand The City shall continuously monitor and update the parking requirements in the Land Development Regulations to result in a better ratio of supply to demand which implements innovative parking strategies in commercial areas to promote multi- modalism. 548 Commission Memorandum Alton Road Parking District 6 September 11, 2013 Policy 6.1 : Transportation Systems Management Page 4of 9 The City shall encourage appropriate TSM strategies to improve the mobility systems efficiency, effectiveness and safety. These may include but are not limited to: • Traffic management and traffic monitoring programs • Incident management • Congestion management • Access management • Parking policies which discourage single-occupancy vehicles • The encouragement of carpools, vanpools or ridesharing • Programs or projects that improve traffic flow, including projects to improve signalization • On road bicycle lanes, bicycle parking, and bicycle amenities at commercial and residential uses • Improve intersections, and implement Intelligent Transportation Systems (ITS) strategies, including Pedestrian oriented intersection design strategies • Pedestrian countdown signals Policy 6.2: Transportation Demand Management The City shall encourage appropriate TOM strategies to improve the mobility systems efficiency, effectiveness and safety. These may include but are not limited to efforts to reduce the dependence on single-occupant vehicle trips, and the encouragement of the use of bicycle, pedestrian and transit modes as a means of commuting and recreational mobility. These may include, but are not limited to: • carpools, • van pools, • demand response service, • paratransit services (for special needs population), • public/private provision of transit service, • bike sharing, or_ shared car initiatives, • provision of bicycle racks • provision of parking for carpools • alternative hours of travel, including flexible work hours, staggered work shifts, compressed work weeks and telecommuting options, • subsidy of transit fares, • used of long term parking to be developed at City's entry points, • shared vehicular and pedestrian access for compatible land uses, where possible, • shared parking agreements for compatible land uses, where possible, • provision of transit amenities, • car share vehicle parking. The following is an explanation of each section of the proposed ordinance. Boundaries: The proposed parking district No. 5 includes those properties with a lot line on Alton Road from 5 Street on the south to Dade Boulevard on the north with the exception of properties included in parking district No. 2 (Lincoln Road). Analysis shows that all properties in this corridor segment share common characteristics with respect to parking needs and future development objectives. Residential parking: The proposed ordinance would to reduce parking requirements for new residential construction or for increasing the number of units in an existing building. The proposed parking ratios are based on the size of the units with small incremental 549 Commission Memorandum Alton Road Parking District 6 September 11, 2013 Page 5 of 9 increases in the required number of parking spaces as the unit sizes get larger. These ratios will more closely mirror the actual size of existing apartment units and the rate of vehicle ownership within the neighborhood. Data from the 2000 Census shows that over 36% of the households in the study area had no car at all and another 51% owned only 1 car. The reduced parking requirement for smaller apartments will help to reduce the cost of those units, which supports an important objective for housing afford ability. The Planning Department recently reevaluated the residential parking ratios recommended in the November 17, 2010 ordinance and determined that they should be adjusted to a slightly higher requirement to account for the parking needs of any potential large scale residential development. The revised residential parking ratios are also similar to the adopted parking ratios for the North Beach Town Center TC zoning district. Following is a comparison of the minimum required parking spaces per dwelling unit for the existing zoning code, the 2010 proposed ordinance and the 2013 revised recommendation. UnitSize(sq.ft.) 550-799 800-999 1000-1199 1200-1399 1400-1599 1600+ Existing Code 1.5 1.5 1.75 2010 .75 1.0 1.25 2013 1.0 1.25 1.5 2.0 1.5 1.75 2.0 1.75 2.0 2.0 2.0 2.25 Further reductions in the minimum residential parking requirements are available on a voluntary basis for parking spaces dedicated to an official car sharing program. The recommended reduction would be 4 parking spaces for every 1 parking space reserved for a vehicle owned and operated by an official car-share program sanctioned by the City of Miami Beach, not to exceed a total of 4 car-share parking spaces or 20% of the total number of required residential parking spaces, whichever is lower. Retail stores, food stores and personal service establishments: The first 2, 500 square feet for each individual establishment is proposed to be exempted from any parking requirement up to a total aggregate square footage of 10,000 square feet per development site. The theory behind this is that generally, smaller businesses will be catering to the local residential market, where many of the customers currently access the businesses by walking, bicycling or the South Beach Local. Attracting locally- oriented businesses is an objective identified during the Alton Road neighborhood planning process. This is a more targeted parking exemption than that which is used in parking districts 2, 3, and 4, where all retail/service uses are exempted from parking requirements. Any portion of an establishment over 2,500 sq. ft. or over a total aggregate square footage of 10,000 sq. ft. will be subject to the existing parking requirement of 1:300. At the request of Mayor Bower, the Administration prepared alternate language for consideration by the LUDC that would require a minimum of 2 parking spaces for each establishment of 2,500 square feet or less. This would translate to 1 -3 parking spaces for each store under 2,500 square feet, depending upon the size of each store. See attached summary. 550 Commission Memorandum Alton Road Parking District 6 September 11, 2013 E f xamp1es o propose d R t 'I k' e a1 par 1ng re Total retail Number of Number of sq. ft. in stores stores@ building total 2,500 sq.ft. 10,000 6 6 10,000 4 4 10,000 3 2 10,000 2 1 10,000 1 0 20,000* 8 8 20,000* 5 4 20,000* 5 2 20,000* 2 1 d uct1on Proposed Mayor's Parking Dist Alternate #6 required proposal (min spaces 2 per store) 0 12 0 8 9 13 17 19 25 25 34 42 34 42 43 47 51 53 * Note that only the first 10,000 sq. ft. are eligible for parking reduction Page 6of 9 Existing parking space requirement 34 34 34 34 34 67 67 67 67 Subsequent to the September 19, 2012 LUDC meeting, the Administration reevaluated the recommendation for parking reductions for retail stores, food stores and personal service establishments and determined that it should be revised to apply only to development sites with a total of 10,000 square feet or less of these uses. In addition, the revised recommendation would remove the incremental reduction for individual stores that are over 2,500 sq. ft. but less than 10,000 sq. ft. Therefore, the revised tables of example retail development sites would look like this: REVISED E f xamples o pro pose d R 'I rk' d eta1 pa 1ng re uct1on Total retail Number of Number of Proposed Mayor's Existing sq. ft. in stores stores@ Parking Dist Alternate parking building total 2,500 sq.ft. #6 required proposal (min space or less spaces 2 per store) requirement 10,000 6 6 0 12 34 10,000 4 4 0 8 34 10,000 3 2 17 21 34 10,000 2 1 25 27 34 10,000 1 0 34 34 34 10,001* 7 6 34 34 34 10,001* 4 2 34 34 34 1 0,001* 2 1 34 34 34 20,000* 12 12 67 67 67 20,000* 12 1 67 67 67 .. * Note that only development s1tes w1th a max1mum of 10,000 sq. ft. are eligible for parking reduction Restaurant, outdoor cafe or bar: The first 1, 500 square feet or 60 seats (up to a total aggregate square footage of 5,000 square feet per development site) are proposed to be exempted from any parking requirement. The logic is the same as for retail/service uses except that the occupancy is much higher per square foot in food and drink establishments. Any portion of an establishment over 1,500 square feet or 60 seats (or over a total aggregate square footage of 5,000 sq. ft.) will be subject to the existing parking requirement of 1 space per 4 seats or 1 space per 60 square feet of space not used for seating. At the request of Mayor Bower, the Administration prepared alternate language for consideration by the LUDC that would require a minimum of 1 space per 12 seats and 1 551 -----------·-· Commission Memorandum Alton Road Parking District 6 September 11, 2013 Page 7of 9 space per 180 square feet of standing area in a bar not utilized for seating for the first 60 seats or 1 ,500 square feet of floor area in each establishment. See attached summary. Hotel. suites hotel. motel or motor lodge: The proposed ordinance would require a minimum of 1 space per 2 units, which is half of the existing requirement of 1 space per unit. This is based on the assumption that hotel guests generally do not need a car in this neighborhood, and that most of the employees will access the site by walking, bicycling or transit. Offices: The proposed minimum parking requirement for office space is the same as the existing requirement (1 :400 and medical 1 :300). However, a reduction of 20% is available in exchange for a voluntary covenant ensuring that there will be no reserved parking for individual tenants. Centralized parking: This option is available to non-residential development located near a publicly accessible parking facility (public or private-owned), provided that a parking study demonstrates that there are a sufficient number of parking spaces available to serve the subject development. The proposed reduction in the minimum parking requirement is based upon distance from the off-site facility: 30% for sites within 500 feet, 20% for sites within 1000 feet and 10% for sites within 1200 feet. This policy supports the efficient use of centralized parking facilities and encourages customers to park their car once and walk to a variety of destinations in the commercial district, rather than driving to multiple private parking lots. The Administration recommends a clarification to this paragraph stating that distances shall be measured along the pedestrian pathway between the pedestrian access points for the subject uses and the parking facility. Shared parking: Section 130-221 of the City code currently provides a parking reduction for mixed-use developments based upon the day and time of peak parking demand for each type of land use. However, it does not include residential uses and does not allow off-site parking. Parking district No. 5 would add residential uses to the shared parking calculation at a rate of 50% utilization for daytime weekdays, 70% utilization for daytime weekends, and 100% utilization for nighttime. The proposed ordinance would also allow the shared parking spaces to be located off-site within 600 feet. Carpool and vanpool parking: The proposed ordinance would reduce the minimum parking requirement by 3 parking spaces for every 1 parking space reserved for carpool or vanpool vehicles registered with South Florida Commuter Services, not to exceed a reduction of more than 10% of the off-street parking spaces that would otherwise be required. The property manager must submit an annual report to the Planning Director documenting the carpool/vanpool registration and ongoing participation by registered users. This option is limited to non-residential uses, whereas the residential uses have the car-sharing option described above. Bicycle parking: The proposed ordinance would introduce m1mmum parking requirements for bicycles, including short term spaces (bicycle racks) for customers and long term spaces for employees and residents. The long term spaces would require more security such as being located in a fenced area or inside the building. The bicycle parking requirements are based on the LEED (Leadership in Energy and Environmental Design) standards for neighborhood development. They are an important complement to the reduced vehicle parking requirements in parking district No. 5. The Administration envisions these bicycle parking standards to be a model for the entire city. 552 Commission Memorandum Alton Road Parking District 6 September 11, 2013 Page 8of 9 The minimum required vehicular parking would be reduced by: 1 space for every 5 long term bicycle parking spaces and 1 space for every 1 0 short term bicycle parking spaces, not to exceed a total of 30 vehicular parking spaces or 15 percent of the required vehicle parking spaces, whichever is less. Historic Buildings: A change of use or alteration to contributing buildings in historic districts does not require parking, unless additional floor area is added to the building. This is an important principle that has existed in the City Code for many years to promote historic preservation. The proposed Parking District #6 would not affect that provision of the Code. The Alton Road Parking District No. 6 ordinance is designed to fit the context-specific conditions in the Alton Road corridor such as convenient access to transit, walking/biking distance to multiple destinations, low auto-ownership rates in the neighborhood, and availability of public parking. It is also based on neighborhood-specific planning objectives listed at the top of page 3 in this memo such as to encourage smaller, more affordable housing units and the growth and development of small, neighborhood serving business. PLANNING BOARD REVIEW On September 28, 2010, the Planning Board held a public hearing on the proposed ordinance and recommended approval, as amended, by a 5-0 vote. It should be noted that the revisions requested by Mayor Bower were not reviewed by the Planning Board. FISCAL IMPACT In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years} of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and estimated that the proposed Alton Road Parking District No. 5 ordinance will have a direct fiscal impact on parking impact fee revenue of approximately -$37,000 annually for existing retail and restaurant businesses that would no longer be required to pay the annual fee-in-lieu of providing parking. In the future, there will be new businesses that qualify for the parking exemption, thereby reducing potential future revenue to the parking impact fee fund. However, this is expected to be more than offset by the incentive that this ordinance provides for development of new businesses in the Alton Road corridor. New construction and rehabilitation is expected to increase property tax and sales tax revenue to the City. Reduced parking requirements in this ordinance are also expected to increase parking revenue, especially in the 51h and Alton garage. Therefore, the long term net fiscal impact is expected to be positive. UPDATE & SUMMARY The revisions that have been suggested herein to the original 2010 version of the Alton Road Parking District No. 6 ordinance include: (1) an increase in the residential parking ratios; (2) a limitation on the total number of parking spaces that can be reduced in exchange for car-share parking and bicycle parking and; (3) a limitation on the retail parking reductions to small stores within aggregations of 10,000 sq. ft. or less and to small restaurants within aggregations of 5,000 sq. ft. or less. These changes resulted from a more detailed analysis of the potential parking requirements for large-scale development in the Alton Road corridor, which was thought to be limited to small sites when the original studies were conducted. 553 Commission Memorandum Alton Road Parking District 6 September 11, 2013 Page 9 of 9 Also, as indicated previously, as part of the review process by the land Use Committee for the proposed Ordinance, Mayor Bower suggested that some of the parking requirements for specific uses be adjusted, as noted in the attached summary. The subject Ordinance was approved a First Reading on May 8, 2013. Prior to Second Reading, the Commission requested that additional requirements be imposed for the proposed reduced parking rates, inclusive of a shuttle service and a detailed employee paring plan. Staff has incorporated these changes into the revised Ordinance. The employee parking plan must include mandatory measures to address employee parking, including but not limited to provision of transit passes, carpool or vanpool programs, off-site parking when available, monthly City parking passes, and/or other measures intended to limit the impact of employee parking on surrounding neighborhoods. The proposed parking ordinance was a companion item to the Alton Road Historic District Buffer Overlay district. As such, it is specifically designed to offset the extra requirements and restrictions of the Overlay district designed to protect the adjacent Flamingo Park Historic District. Ideally these two ordinances should be adopted together because they support one another. However, the Administration believes that the Alton Road Parking District No. 6 ordinance is valid as a standalone ordinance because it is based on the planning principles described in this memo. The subject Ordinance was considered at second reading on June 5, 2013 and continued to September 11, 2013. The Commission requested that a parking analysis of the area be performed, in order to better gauge the impact of the proposed ordinance. The City received a proposal from Walker Parking to perform a parking study, in a phased approach, related to the Commission's request. At the July 1 ih, 2013 City Commission meeting, the Walker Parking proposal was referred to the Finance and City Wide Projects Committee (FCWPC) for discussion and direction. The next non-budget related FCWPC meeting will be held on September 19 1h, 2013. Assuming that the Walker Parking item is on this agenda, the study results should be ready several months later, or sometime in late November or early December. In light of the schedule for the proposed parking study, it is not likely that the results would be available before the December City Commission meeting. Therefore it is recommended that the item be continued to the December 11, 2013 Commission meeting. CONCLUSION The Administration recommends that the City Commission Open and Continue the subject Ordinance to a date certain of December 11, 2013. (,L JLM/JGGJRGLfTRM T:\AGENDA\2013\September 11\Aiton Road Parking Dist 6-MEM 2nd Read OC.docx 554 Proposed options for amending the ordinance responding to comments by Mayor Bower: Retail stores, food stores, personal service establishments:_ There shall be a minimum of 2 parking spaces for each individual establishment of 2,500 square feet or less. Restaurant, outdoor cafe or bar: For individual establishments of 60 seats or less or 1 ,500 square feet or less, whichever is greater, there shall be a minimum of 1 space per 12 seats and 1 space per 180 square feet of standing area in a bar not utilized for seating. (Note: For small neighborhood restaurants and bars, this would require approximately one third of the parking spaces required in the current code.) 555 Alton Road Parking District No. 6 ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130 OFF-STREET PARKING, ARTICLE II "DISTRICTS; REQUIREMENTS," SECTION 130-31 "PARKING DISTRICTS ESTABLISHED," CREATING A NEW PARKING DISTRICT NO. 6, AND SECTION 130-33 "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4 AND 5," BY ADDING NEW PARKING REGULATIONS FOR PARKING DISTRICT NO. 6, FOR PROPERTIES WITH A LOT LINE ON ALTON ROAD FROM 5TH STREET TO DADE BOULEVARD, INCLUDING A REDUCTION IN OFF-STREET PARKING REQUIREMENTS FOR CERTAIN LAND USES AND BICYCLE PARKING REQUIREMENTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, in the summer of 2006, the Historic Preservation Board initiated the westward expansion of the Flamingo Park Local Historic District to the east right-of-way line of Alton Road between 6 Street and 14 Street, and requested the Planning Department to initiate a major planning study of the Alton Road corridor, including both sides of the road between 5 Street and Michigan Avenue, to include an analysis and evaluation of existing uses and conditions, historically significant properties, permitted building heights, allowable FAR, parking conditions and requirements, the efficacy of current zoning, and the character of the public right- of-way with regard to pedestrian amenities, convenient means of transit, and quality of landscape; and WHEREAS, on January 16, 2008, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 8 Street and 14 Street; and on January 28, 2009, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 6 Street and 8 Street; and WHEREAS, the Planning Department conducted an analysis of existing conditions, issues and opportunities in the Alton Road corridor and held a community planning workshop on August 20, 2008 to receive community input on land use, zoning, business development, parking, transit and pedestrian/bicycle amenities; and WHEREAS, on January 27, 2009, the Planning Department presented preliminary findings and recommendations for the Alton Road Neighborhood Planning Study to the Planning Board; and WHEREAS, on February 26, 2009, the Planning Department and the Planning Board held a second community planning workshop on the Alton Road Neighborhood Planning Study to receive community input; and WHEREAS, on April 21, 2009, May 26, 2009, August 25, 2009, and September 22, 2009, the Planning Board held additional detailed discussions on the proposed zoning modifications and parking regulations for the Alton Road corridor, and 556 WHEREAS, on November 17, 2009 and April 27, 2010, the Planning Board recommended approval of the proposed "Alton Road -Historic District Buffer Overlay" district which is intended to achieve a more compatible relationship of scale and massing between new development along the east side of the Alton Road corridor and the adjoining residential neighborhoods, by promoting mixed-use development that makes efficient use of parking, by minimizing the concentration of impacts from intense retail and restaurant development and by encouraging smaller neighborhood-oriented uses; and WHEREAS, the Alton Road corridor and its adjoining neighborhoods have one of the lowest rates of automobile ownership in the city and one of the highest rates of walking, bicycling and transit modes of transportation in the city; and WHEREAS, the Transportation Element of the City of Miami Beach Comprehensive Plan states that the City shall examine the economic, transportation and recreational impact of strategically limiting parking in certain areas, as a means to reinforce alternative modes of transportation; and the City shall continuously monitor and update the parking requirements in the Land Development Regulations to result in a better ratio of supply to demand which implements innovative parking strategies in commercial areas to promote multimodalism; and WHEREAS, the Transportation Element of the City of Miami Beach Comprehensive Plan states that the City shall require all new developments to provide secure short term and long term bicycle parking in the form of bicycle racks, bicycle lockers, locked rooms or other appropriate enclosures as a way of reducing the demand for automobile parking; and WHEREAS, the City desires to reduce parking requirements with certain conditions in the Alton Road corridor between 51h Street and Dade Blvd. in order to encourage continuing high percentages of walking, bicycling and transit modes of transportation, to minimize increases in traffic congestion, and to reduce the scale and massing of new development to be more compatible with adjacent residential neighborhoods. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That Chapter 130 of the City Code, entitled "Off-Street Parking," Article II, "Districts; Requirements," is hereby amended as follows: Sec. 130-31. Parking districts established. (a) For the purposes of establishing off-street parking requirements, the city shall be divided into #¥e six parking districts. (1) Parking district no. 1. Parking district no. 1 is that area not included in parking districts nos. 2, 3, 4, ~5 and 6. (2) Parking district no. 2. Parking district no. 2 includes those properties with a lot line on Lincoln Road from the west side of Washington Avenue to the east side of Alton Road and those properties north of Lincoln Road and south of 17th Street from the west side of Washington Avenue to the east side of Lenox Court. 2 557 (3) Parking district no. 3. Parking district no. 3 includes those properties with a lot line on Arthur Godfrey Road from the east side of Alton Road to west side of Indian Creek Waterway. (4) Parking district no. 4. Parking district no. 4 includes those properties within the CD-2 and CD-3 commercial districts with a lot line on 71 st Street from the west side of Collins Avenue to the east side of Rue Notre Dame, and those properties with a lot line on Normandy Drive from the west side of the Indian Creek Waterway to the east side of Rue Notre Dame. * * * (6) Parking district no. 6. Parking district no. 6 includes those properties with a lot line on Alton Road from 5 Street on the south to Dade Boulevard on the north, with the exception of properties included in parking district no. 2. (b) There shall be no off-street parking requirement for main or accessory uses associated with buildings that existed prior to October 1, 1993, which are (i) located within the architectural district, (ii) a contributing building within a local historic district, or (iii) individually designated historic building. This provision shall not apply to renovations and new additions to existing buildings which create or add floor area to new construction which has a parking requirement. * * * Sec. 130-33. Off-street parking requirements for parking districts nos. 2, 3, 4, ami 5, and 6. (a) Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking districts nos. 2, 3, 4 and 5 accessory off-street parking spaces shall be provided for the building, structure or additional floor area as follows. There shall be no off-street parking requirement for uses in this parking district except for those listed below: * * * (c) Except as otherwise provided in these land development regulations. when any building or structure is erected or altered in parking district no. 6. off-street automobile parking spaces shall be provided for the building, structure or additional floor area as follows. For uses not listed below, the off-street parking requirement shall be the same as for parking district no. 1 in section 130-32. (1) Apartment building and apartment-hotel: a. 1.0 spaces per unit for units between 550 and 799 square feet: b. 1.25 spaces per unit for units between 800 and 999 square feet; c. 1. 5 spaces per unit for units between 1 000 and 1199 square feet; d. 1. 75 spaces per unit for units between 1200 and 1399 square feet; 3 558 e. 2. 0 spaces per unit for units between 1400 and 1599 square feet; f. 2.25 spaces per unit for units above 1600 square feet. g. Designated Guest parking: Developments of 20 units or less shall have no designated quest parking requirements. Multi-family buildings and suites-hotels with more than 20 units shall be required to provide supplemental designated quest parking equal to ten percent of the required residential parking spaces. h. Car Sharing: The minimum parking requirements listed in a - g above may be reduced by 4 parking spaces for every 1 parking space reserved for a vehicle owned and operated by an official car-share program sanctioned by the City of Miami Beach, not to exceed a total of 4 car-share parking spaces or 20% of the total number of required residential parking spaces. whichever is less (2) Retail stores, food stores, personal service establishments: There shall be no parking requirement for individual establishments of 2,500 square feet or less up to a total aggregate square footage of 10.000 square feet per development site. For individual establishments over 2,500 square feet or for development sites with a total aggregate square footage of more than 10,000 square feet of these uses. there shall be one space for every 300 square feet of floor area. A covenant running with the land, approved by the City Attorney. shall be recorded to ensure that individual stores will not be reconfigured internally in a way that would increase the minimum parking requirement without conditional use approval and payment of a one-time parking impact fee for each required parking space. (3) Restaurant, outdoor cafe or bar: There shall be no parking requirement for individual establishments of 60 seats or less or 1,500 square feet or less. whichever is qreateL up to a total aggregate square footage of 5.000 square feet per development site. For individual establishments over 60 seats or 1500 square feet, whichever is greater. or for development sites with a total aggregate square footage of more than 5,000 square feet of these uses. there shall be one space per four seats or one space per 60 square feet of space not used for seating. A covenant running with the land. approved by the City Attorney. shall be recorded to ensure that individual stores will not be reconfigured internally in a way that would increase the minimum parking requirement without conditional use approval and payment of a one-time parking impact fee for each required parking space. (4) Hotel, suites hotel, motel or motor lodge: One space per 2 units: however. suites hotel units as defined in section 142-1105 that are greater than 550 square feet and that contain full cooking facilities shall have the same parking requirement as apartment buildings in (1) above. Required parking for hotel accessory uses shall be the same as for (2) and (3) above: (5) Offices: 1 space per 400 square feet of floor area. However. medical offices and clinics or offices located on the ground floor shall provide one space per 300 square feet of floor area. The minimum parking requirements for office uses may be reduced by up to 20 percent in cases where the developer voluntarily proffers a restrictive covenant running with the land, form approved by the City Attorney. ensuring that the required office parking spaces shall be shared by all users in the building and shall not be reserved for individual persons or tenants. 4 559 {6) All non-residential uses: The minimum parking requirement may be reduced as follows: a. Centralized parking: The m1mmum parking requirement may be reduced for properties located near a publicly accessible off-street parking facility according to the following formulas: up to 30 percent within 500 feet. up to 20 percent within 1000 feet. up to 10 percent within 1200 feet. Such reduction shall be subject to a finding by the Planning Director based upon a parking study provided by the applicant that documents the availability of parking spaces within the publicly accessible parking facility to serve the residual demand resulting from the reduced number of on-site parking spaces. and the availability of safe and convenient pedestrian access routes to the off-site parking supply. Distances shall be measured along the pedestrian pathway between the pedestrian access points for the subject uses and the parking facility. Additionally in order for any use to receive the above reduced rates a shuttle service shall be provided and maintained and an employee parking plan required. which shall be subject to the review and approval of the Planning Department Such employee parking plan shall include mandatory measures to address employee parking including but not limited to provision of transit passes caroool or vanpool programs off-site parl<ing when available monthly City parking passes and/or other measures intended to limit the impact of employee parking on surrounding neighborhoods. b. Shared parking: Mixed use development is encouraged to utilize the Shared Parking calculations in Section 130-221. Parking for residential uses may be included in the Shared Parking calculation at a rate of 50% for davtime weekdays, 70% for daytime weekends and 1 00% for all other times. Shared Parking shall be designated by appropriate signaqe and markings. The Shared Parking facility may be located off-site within 600 feet of the uses served. subject to section 130-36. c. CarpooiNanpool parking: The minimum parking requirement may be reduced by 3 parking spaces for every 1 parking space reserved for carpool or vanpool vehicles registered with South Florida Commuter Services. not to exceed a reduction of more than 10% of the off-street parking spaces that would otherwise be required. The property manager must submit an annual report to the Planning Director documenting the carpool/vanpool registration and ongoing participation by registered users. (7) Bicycle Parking. Short term and long term bicycle parking shall be provided for new construction or substantial rehabilitation over 1,000 sq. ft. according to the minimum standards in the table below and the "Guidelines for the Design and Management of Bicycle Parking Facilities" available from the Planning Department. a. Short Term bicycle parking (bicycle racks) serves people who leave their bicycles for relatively short periods of time. typically for shopping, recreation, eating or errands. Bicycle racks should be located in a highly visible location near the main entrance to the use. b. Long Tenn bicycle parking includes facilities that provide a high level of security such as bicycle lockers. bicycle cages and bicycle stations. These facilities serve people who frequently leave their bicycles at the same location for the day or overnight. 5 560 TABLE INSET Land use Minimum short term bic:tcle Minimum long term bic:tcle garking sgaces (whichever garking sgaces (whichever is greater) is greater} Commercial non-retail 4 ger groject or 1 ger 1 ger 10% of emglo:tees or 10.000 sq. ft. 2 for 5,000 sg ft and under 3 for 5,001-20,000 sq. ft 6 for 20,001 -50,000 sq. ft. 10 for 50,000 sq. ft. and over Retail 1 ger business, 4 ger 1 ger 10% of emglo:tees or groject or 1 ger 5,000 sq. ft. 2 for 5 1000 sq ft and under 3 for 5 1001-20,000 sq. ft 6 for 20,001 -50 1 000 sg. ft. 10 for 50,000 sq. ft. and over Restaurants, bars, 1 ger 1 0 seats or occugants 1 ger 1 0% of emgloyees nightclubs Hotel 2 ger hotel or 1 ger 1 0 1 ger 1 0% of em gloyees rooms Multifamil:t residential 4 ger groject or 1 ger 1 0 1 ger unit units c. Develogers are encouraged to provide more than the minimum requirement as agpropriate for the particular uses in a building. The minimum required vehicular garking shall be reduced b:t: 1 space for every 5 long term bicycle parking spaces and 1 sgace for every 10 short term bic:tcle garking spaces, not to exceed a total of 30 vehicular parking spaces or 15 gercent of the required vehicle parking spaces, whichever is less. d. Nonresidential uses that provide showers and changing facilities for bicyclists shall be exempted from vehicle parking requirements at a rate of 2 vehicle parking spaces for each segarate shower facility up to a maximum of 8 garking spaces. e. Short term bicycle parking spaces may be provided in the gublic right-of-way, subject to design review. in situations where suitable space near the entrance to the building or storefront is not available on grivate progerty. Bicycle parking in the public right-of-way shall be subject to review and approval by the Public Works Degartment and shall not encroach on the pedestrian throughway zone. 6 561 SECTION 2. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. Codification. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of-------' 2013. ATTEST: CITY CLERK MAYOR APPROVED AS TO FORM AND LANGUAGE First Reading: May 8, 2013 Second Reading: September 11, 2013 ~,QJ_.----& FOR ~ECUTION ~YCily Attorney1}(~ Verified by: ----------- Richard G Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language T:\AGENDA\2013\September 11\Aiton Road Parking Dist 6-ORD 2nd Read OC.dOCX 7 562 Attachment #1 -map (9 t~·~J,.Vv"J BEACH Proposed Miami Beach Parking District# 5 0 8 563 THIS PAGE INTENTIONALLY LEFT BLANK 564 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment modifying the regulations for hotel uses within the Palm View corridor in the RM-2 district. Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of tore ulate develo mentis "about the ri ht amount." Item Summa /Recommendation: FIRST READING The proposed Ordinance would modify the regulations for hotel uses within the Palm View corridor in the RM-2 district. The Administration recommends that the City Commission approve the Ordinance at First Reading and set a Second Reading Public Hearing for October 16, 2013. Adviso Board Recommendation: On June 25, 2013, the Planning Board transmitted the subject Ordinance to the City Commission by a vote of 5-0. Financial Information: Source of Funds: D OBPI 1 2 3 Total Financial Impact Summary: Amount Account 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 im act. Department Director Assistant City Manager T:\AGENDA\2013\September 11\Palm View Hotel Uses-SUM 1st Read.docx MIAMI BEACH 565 AGENDA ITEM ----':R:'-~~--H..;....__ DATE __...q.....!.-f..:.....{-...!...13<L-- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachA.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M mbers oft e City Commission FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 FIRST READING SUBJECT: Palm View Hotel Uses ANORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY", TO ADD HOTELS AS A PROHIBITED USE WITHIN THE BOUNDARIES OF THE PALM VIEW CORRIDOR OF THE RM-2 DISTRICT, MORE SPECIFICALLY DEFINED AS ALL PROPERTIES ABUTTING THE WEST SIDE OF MERIDIAN AVENUE BETWEEN 17TH STREET AND COLLINS CANAL; PROHIBITING OUTDOOR ENTERTAINMENT, AND PERMITTING VESTED HOTEL PROJECTS IN THE DEFINED AREA TO REMAIN AS LEGAL CONFORMING USES; AND PROVIDING FOR CODIFICATION; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance on First Reading and set a Second Reading Public Hearing for October 16, 2013. BACKGROUND On October 24, 2012, the City Commission referred a discussion regarding hotels in residential neighborhoods to the Land Use and Development Committee (LUDC). On December 19, 2012 the Land Use Committee referred an Ordinance prohibiting hotel uses within the West Avenue and Palm View areas to the Planning Board for consideration. The subject Ordinance was first scheduled to be considered by the Planning Board on April 3, 2013. However, due to a defect in the notice, the matter was required to be re- noticed for the May 28, 2013 meeting. Additionally, the subject Ordinance was bi- furcated into a separate Ordinance for the Palm View area and a separate Ordinance for the West Avenue area. ANALYSIS The proposed Ordinance, which was originally part of the West Avenue Hotel Ordinance, applies only to those properties zoned RM-2 along the west side of Meridian Avenue from 171h Street to the Collins Canal. Up until recently, this area consisted solely of 566 Commission Memorandum Palm View Hotel Uses September 11, 2013 Page 2 of 3 residential apartment buildings. However, as hotels are permitted within an RM-2 zone, the residents of the much lower scale Palm View historic district to the immediate west of this corridor have expressed a concern with regard to the potential impacts of hotel uses, and accessory uses to hotels in the subject area. Planning Department staff has previously recommended that a total ban on hotel uses in the residential zoning districts in the West Avenue corridor be approached with caution, due to potential legal complications, as well as the potential for creating legal 'non- conforming' uses. The Land Use Committee referred the matter to the Planning Board with a recommendation to prohibit hotels in the West Avenue neighborhood. The Ordinance transmitted by the Planning Board reflects this direction. While the Ordinance was pending before the Planning Board, different neighborhood groups were in discussion with existing hotel operators in the Palm View area. These discussions addressed the impact that a ban on hotels would have, as well as the negative of impacts of accessory uses. The proposed Ordinance reflects some aspects of the aforementioned discussions, including clarifying that existing hotels and accessory uses, which may become legal non-conforming, can retain their status going forward, due to the substantial investment in the property. Additional modifications have been incorporated into the Ordinance that further address concerns of affected operators regarding the grandfathering of non-conforming uses. These include the ability to re-introduce a hotel use after the property was converted to a conforming residential use, provided that the property was licensed as a hotel before May 28, 2013 and that the subsequent residential use does not exist for more than three (3) years. The Planning Board concluded that a 3 year window to revert back to a previously established, though non-conforming, hotel use is a fair amount of time for an affected property owner to be able to absorb any potential loss of revenue associated with an unsuccessful residential venture. While not opposed to the 3 year rule proposed, as indicated previously in the process, staff is not in favor of allowing a non-conforming use to continue in perpetuity, in the event such use was discontinued and replaced by a conforming use. Such a modification would substantially contravene Chapter 118, Article IX of the land Development Regulations of the City Code, pertaining to 'Nonconformances'. As part of the Planning Board review process, staff also suggested other areas that may be worthy of discussion, including: • Establishing a Conditional Use requirement for hotels and accessory uses proposed in the Palm View district. • Stricter regulation of allowable 'Accessory Uses', including placing defined limits on occupancy loads, seating and hours of operation. • A prohibition on outdoor seating facing a street or sidewalk, as well as on sidewalk cafes. • Requiring that access to 'Accessory Uses' be from within the confines of the hotel, via a hotel lobby, and not be directly from the street or sidewalk • As recommended by the Land Use Committee, creating an 'Applicability' section of the Ordinance, in order to address existing hotel uses. 567 Commission Memorandum Palm View Hotel Uses September 11, 2013 PLANNING BOARD REVIEW Page 3of 3 The Planning Board reviewed the subject Ordinance on June 25, 2013, and transmitted it to the City Commission with a favorable recommendation by a vote of 5 to 0. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. CONCLUSION The Administration recommends that the City Commission approve the subject Ordinance at First Reading, and set a Second Reading Public Hearing for October 16, 2013. ~L JLM/JMJ/R.GUTRM T:\AGENDA\2013\September 11 \Palm View Hotel Uses MEMO 1stdocx 568 PALM VIEW HOTEL USES (As Transmitted by Planning Board on June 25, 2013) ORDINANCE NO.---- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY", TO LIMIT HOTELS AS HEREINAFTER PROVIDED IN THE PALM VIEW CORRIDOR TO THOSE EXISTING AS OF MAY 28, 2013; DEFINING THE PALM VIEW CORRIDOR AS ALL PROPERTIES ABUTTING THE WEST SIDE OF MERIDIAN AVENUE BETWEEN 17TH STREET AND COLLINS CANAL; DEFINING THE RIGHTS OF EXISTING HOTELS AS LEGAL CONFORMING USES; TO EXCLUDE OUTDOOR ENTERTAINMENT ESTABLISHMENTS AND OUTDOOR ENTERTAINMENT FROM PERMITTED HOTEL ACCESSORY USES; TO ADD HOTELS AS A PROHIBITED USE WITHIN THE BOUNDARIES OF THE PALM VIEW CORRIDOR OF THE RM-2 DISTRICT; ACKNOWLEDGING STATE PRE-EMPTION OF SHORT TERM RENTAL REGULATIONS; PROVIDING RULES FOR CESSATION AND RESUMPTION OF HOTEL USES; AND PROVIDING FOR CODIFICATION; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach endeavors to preserve and enhance the residential scale, character and livability of residential apartment and condominium buildings within the City's medium intensity multi-family districts located in the Palm View District; and WHEREAS, hotel uses located in the Palm View District and zoned RM-2 include allowable accessory uses that present compatibility issues with existing residential structures; and WHEREAS, the City of Miami Beach desires to amend existing requirements and procedures for certain types of prohibited uses for properties located in the Palm View District and zoned RM-2; 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, Article 2, entitled ''District Regulations", Division 3, entitled "Residential Multifamily Districts", Subdivision IV, entitled "RM-2 Residential Multifamily, Medium Intensity", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-212. -Main permitted uses. The main permitted uses in the RM-2 residential multifamily, medium intensity district are single-family detached dwellings; townhomes; apartments; apartment-hotels; and hotels; except that in the Palm View corridor. defined as all properties abutting the west side of Meridian Avenue 569 between 17th street and Collins Canal. apartment-hotel or hotel uses are only permitted if issued a building permit or occupational license prior to May 28. 2013. or are approved by the Design Review Board pursuant to a complete application filed and pending prior to May 28. 2013. in which event they shall be considered a "Legal Conforming Use." A property that has a "Legal Conforming Use" as used in this Subdivision prior to May 28. 2013, may retain all, and apply for new, expansions and modifications to. permitted, conditional and /or accessory uses permitted in the zoning category as of May 28. 2013. and apply for building permits to add. improve and/or expand existing structures, or construct new structures for permitted. conditional and/or accessory uses permitted in the zoning category. if FAR remains available. Sec. 142-213.-Conditional uses. Conditional uses in the RM-2 residential multifamily, medium intensity district are adult congregate living facility; day care facility; nursing home; religious institutions; private and public institutions; schools; commercial or noncommercial parking lots and garages; and accessory neighborhood impact establishment, as set forth in article V, division 6 of this chapter. Sec. 142-214.-Accessory uses. The accessory uses in the RM-2 residential multifamily, medium intensity district are as required in article IV, division 2 of this chapter and uses that serve alcoholic beverages as listed in article V, division 4 of this chapter, pertaining to alcoholic beverages. RM-2 properties within the Palm View corridor. may not have accessory outdoor entertainment establishments. Notwithstanding the foregoing, a property that had a Legal Conforming Use as of May 28, 2013 shall have the right to apply for and receive special event permits that contain entertainment uses. Sec. 142-215. Prohibited Uses. The prohibited uses in the RM-2 residential multifamily, medium intensity district are accessory outdoor entertainment establishment, accessory open air entertainment establishment, as set forth in article V, division 6 of this chapter; and accessory outdoor bar counter; and for properties located within the Palm View corridor. hotels and apartment-hotels. except to the extent preempted by Section 509.032(7). Florida Statutes. and unless they are a Legal Conforming Use. Properties that voluntarily cease to operate as a hotel for a consecutive three (3) year period, shall not be permitted to later resume such hotel operation. Without limitation. (a) involuntary hotel closures due to casualty and (b) cessation of hotel use of individual units of a condo-hotel shall not be deemed to be ceasing hotel operations pursuant to the preceding sentence. 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, with the exception of Chapter 142, Article Ill, Division 5 -West Avenue Bay Front Overlay. 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. 570 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: September 11, 2013 Second Reading: October 16, 2013 Verified by:------------ Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language Strike Thru denotes deleted language 08/13/2013 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney T:\AGENDA\2013\September 11\Palm View Hotel Uses ORDINANCE 1st.docx 571 Date U'l ....... f\) MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF MIAMI BEACH CODE OF ORDINANCES NOTICE TO THE PUBLIC * NOTICE IS HEREBY given that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on WEDNESDAY, September 11, 2013 at 5:15 p.m., wherein the City of Miami Beach pi'OI)oses to adopt the following ordinance: DRDINANCE AMENDMENT • PALM VIEW HOTEL USES. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS",SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMIL"l~ MEDIUM INTENSITY", TO LIMIT HOTELS AS HEREINAFTER PROVIDED IN THE PALM VIEW CORRIDOR TO THOSE EXISTING AS OF MAY 28, 2013; DEFINING THE PALM VIEW CORRIDOR AS ALL PROPERTIES ABUTTING THE WEST SIDE OF MERIDIAN AVENUE BE"IWEEN 17TH STREET AND COLLINS CANAL; DEFINING THE RIGHTS OF EXISTING HOTELS AS LEGAL CONFORMING USES; TO EXCLUDE OUTDOOR ENTERTAINMENT ESTABLISHMENTS AND OUTDOOR ENTERTAINMENT FROM PERMITIED HOTEL ACCESSORY USES; TO ADO HOTELS AS A PROHIBITED USE WITHIN THE BOUNDARIES OF THE PALM VIEW CORRIDOR OF THE RM-2 DISTRICT; ACKNOWLEDGING STATE PRE-EMPTION OF SHORT TERM RENTAL REGULATIONS; PROVIDING RULES FOR CESSATION AND RESUMPTON OF HOTEL USES; AND PROVIDING FOR CODIFICAnON; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. I I \::; I l 7 I D? I I All interested parties g § ~ 'i I CCC 1ntU-f '-"""".1<.., RM-Z i 15 are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to ltle City Commission c/o ltle Planning Department, 1700 Conven~on center Drive. City Hall, Miami Beach, Florida 33139. This meeting may be continued, and under such circumstances '--...l..---"-------------------...laddltional legal notice will not be provided. Copies of the proposed amendments are available In the Planning Department. Inquiries may be directed w the Planning Department at {305) 673-7550. Pursuant w Florida Stat 286 0105, the City hereby advises the public that If a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, sucll person must ensure that a verbatim record of the proceedings is made, which record must int:lude the testimony and evidence upon which llle appeal is to be based. This notice does not constitute consent by the City fer the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorile challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at (305) 673-7411(voice) or TTY use!S may also call the Florida Relay Service at 711. Ad#801 NE SUNDAY, AUGUST 11, 2013 I 29NE MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF MIAMI BEACH CODE OF ORDINANCES NOTICE TO THE PUBLIC NOTICE IS HEREBY given that a public hearing will be held lly the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd Floor, City Hall, 1700 ConvenUon Center Drive, Miami Beach, Florida, on WEDNESDAY, September 11, 21113 at 5:211 p.m., wherein the City of Miami Beach proposes to adoptltle following ondinam:e: ORDINANCE AMENDMENT • WEST AVENUE HOTEL USES. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGUlAnONS DF THE CITY COOE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS', DIVISION 3. "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBDMSION IV. "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY"; AND BY AMENDING SUBDIVISION V, "RM-3 RESIDENnAL MULTIFAMILY, HIGH INTENSITY', TO LIMIT HOTELS AS HEREINAFTER. PROVIDED IN THE WEST AVENUE CORRIDOR TO THOSE EXISTING AS OF MAY 28, 2013; DEFINING THE WEST AVENUE CORRIDOR AS THAT AREA BORDERED BY COWNS CANAL TO THE NORTH, ALTON ROAD TO THE EAST, BISCAYNE BAY TO THE WEST AND 6TH STREET TO THE SOUTH; DEFINING THE RIGHTS OF EXISTING HOTELS AS LEGAL CONFORMING USES; TO EXClUDE OUTDOOR ENnERTAINMENT ESTABUSHMENTS AND OUTDOOR ENTERTAINMENT FROM PERMITTED HOTEL ACCESSORY USES; TO ADD HOTELS AS A PROHIBITED USE WITHIN THE BOUNDARIES OF THE WEST AVENUE CORRIDOR OF THE RM-2 AND RM-3 DISTRICTS: ACKNOWLEDGING STATE PRE-EMPTION OF SHORT TERM RENTAL REGULATIONS; PROVIDING RULES FOR CESSATION AND RESUMPTION OF HOTEL USES; AND PROVIDING FOR CODIFICATION; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. 1 A P 1 1 ;;p 1 1 ... 1 All interested parties are invited to appear at this meeting or be represented by an agent. or to express tlleir views in writing addressed to the City Commission c/o the Planning Department, 1 ===a= c:= i 1700 Convention Center Drive, City Hall, Miami Beach, F' Florida 33139. This meeting may be continued, and under such circumstances additional legal notice will not be provided. Copies of ltle proposed amendments are available In the Planniii!J Department. InQuiries may be directed to the Planniii!J Department at (305) 673-7550. Pursuant to Florida Slat. 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by the City Com mission with respect to any matter considered allis meeting or Its hearing, such person must ensure that a verbatim record of the proceedings is made, which record must include the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the l) ~I "'" flllfl l City for the introduction or admission of otherwise \k .~ ~ """"' J inadmissible or irrelevant evidence, nor does it authorize t._.::._ ______ ~·:::·~---· ___ .J challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us live days in advance at (305) 673-7411(voice) or TTY users may also call tile Florida Relay Service at 711. Ad#802 COMMISSIO N ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment modifying the regulations for West Avenue corridor in the RM-2 and RM-3 districts. hotel uses within the I Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respo businesses rate the effort ut forth b the Ci to re ulate develo ment is "about th ndents and 55% of e rig_ht amount." Item Summa /Recommendation: FIRST READING est Avenue corridor The proposed Ordinance would modify the regulations for hotel uses within the W in the RM-2 and RM-3 districts. The Administration recommends that the City Commission approve the Ordinan ce at First Reading and set a Second Reading Public Hearing for October 16, 2013. Adviso Board Recommendation: On June 25, 2013, the Planning Board transmitted the subject Ordinance to the C ity Commission by a vote of 5-0. Financial Information: Source of Funds: D OBPI 1 2 3 Total Financial Impact Summary: Amount Account ach shall consider " this shall confirm In accordance with Charter Section 5.02, which requires that the "City of Miami Be the long term economic impact (at least 5 years) of proposed legislative actions, that the City Administration evaluated the long term economic impact (at leas proposed legislative action. The proposed Ordinance is not expected to have t 5 years) of this any tangible fiscal im act. Sign-Offs: Department Director Assistant City Manager Manager ACUlND AITIM. Rs-I J MIAMI BEACH 573 DATI!. 9~/1~!3. ~ MIAMI BEACH City of MiCimi Beach, 1700 Convention Center Drive, Miami Beach, Florida 3 3139, www.miamibeachfl gov COMMISSION MEMORANDUM I TO: Mayor Matti Herrera Bower and M~ mbers of th City Commission FROM: Jimmy L. Morales, City Manager r-~ \: -,.....;> } DATE: September 11, 2013 f FIRST READING SUBJECT: West Avenue Hotel Uses AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY"; AND BY AMENDING SUBDIVISION V, "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY", TO ADD HOTELS AS A PROHIBITED USE WITHIN THE BOUNDARIES OF THE WEST AVENUE CORRIDOR OF THE RM-2 AND RM-3 DISTRICTS, MORE SPECIFICALLY DEFINED AS THAT AREA BORDERED BY COLLINS CANAL TO THE NORTH, ALTON ROAD TO THE EAST, BISCAYNE BAY TO THE WEST AND 6TH STREET TO THE SOUTH; PROHIBITING OUTDOOR ENTERTAINMENT, AND PERMITTING HOTEL PROJECTS IN THE DEFINED AREA TO REMAIN AS LEGAL CONFORMING USES; AND PROVIDING FOR CODIFICATION; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance on First Reading and set a Second Reading Public Hearing for October 16, 2013. BACKGROUND On October 24, 2012, the City Commission referred a discussion regarding hotels in residential neighborhoods to the Land Use and Development Committee (LUDC). On December 19, 2012 the Land Use Committee referred an Ordinance prohibiting hotel uses within the West Avenue and Palm View areas to the Planning Board for consideration. The subject Ordinance was first scheduled to be considered by the Planning Board on April 3, 2013. However, due to a defect in the notice, the matter was required to be re- noticed for the May 28, 2013 meeting. Additionally, the subject Ordinance was bi- furcated into a separate Ordinance for the Palm View area and a separate Ordinance for the West Avenue area. 574 Commission Memorandum West Avenue Hotel Uses September 11, 2013 ANALYSIS Page 2 of 4 Historically, hotels did exist along the bay side of West Avenue. However, the development of the bay front since the 1960's has been almost exclusively residential, characterized by high-density high-rise apartment buildings. The West Avenue bayfront corridor, between 6th Street and 151h Terrace, is zoned RM-3 multifamily high-density residential, while the remainder of the West Avenue corridor is zoned RM-1 and RM-2. The RM-3 and RM-2 districts include both apartments and hotels as permitted uses. The 1998 citywide down zoning, which conformed development regulations to the existing neighborhood characteristics, placed a greater focus on reducing the oversized scale, massing and height of new construction, relative to the established, built context. However, these down zoning efforts did not consider that potential hotel uses might be problematic within the residential uses in the subject area. The development of the Mondrian hotel at 1100 West Avenue was the first new hotel to be introduced in the RM-3, West Avenue bayfront corridor since the 1960's. As a proposed Neighborhood Impact Establishment (over 199 persons occupancy content, with entertainment) the hotel was reviewed by the Planning Board for Conditional Use approval. The Planning Board approved the Conditional Use permit with restrictions on various aspects of their operations. Those restrictions include limitations on hours of operation, sound systems, outdoor speakers, deliveries and loading zones. In addition to the Mondrian, other hotels are in the development process within the West Avenue corridor, as well as on Meridian Avenue between 171h Street and the Collins Canal (Palm View area). The subsequent history of relations between the Mondrian hotel and the residents of the surrounding neighborhood has been problematic, and the compliance with the conditional use permit has been at issue. The Planning Board has reviewed the case through progress reports. Discussions at these hearings have included resident testimony of problems of noise, bus parking, deliveries and loading, and at least one adjacent resident has been able to photograph delivery trucks stopped and blocking traffic lanes. The Planning Board may act to modify or revoke a conditional use if repeated noncompliance is an issue, but this is based primarily on actual code enforcement violations. The compliance record of the Mondrian indicates few violations over the past two or three years, and has not warranted further Planning Board action. Purely from the standpoint of economic development and the extremely important hospitality industry, The Mondrian Hotel is a significant investment and an asset to the City. However, there is concern from residents regarding the potential for proliferation of hotel uses in what is predominantly a residential corridor. Planning Department staff has previously recommended that a total ban on hotel uses in the residential zoning districts in the West Avenue corridor be approached with caution, due to potential legal complications, as well as the potential for creating legal 'non- conforming' uses. The Land Use Committee referred the matter to the Planning Board with a recommendation to prohibit hotels in the West Avenue neighborhood. The Ordinance transmitted by the Planning Board reflects this direction. While the Ordinance was pending before the Planning Board, different neighborhood groups were in discussion with existing hotel operators in the West Avenue corridor. These discussions addressed the impact that a ban on hotels would have, as well as the negative of impacts of accessory uses. The proposed Ordinance reflects some aspects of the aforementioned discussions, including clarifying that existing hotels and accessory uses, which may become legal non-conforming, can retain their status going forward, due to the substantial investment in the property. 575 Commission Memorandum West Avenue Hotel Uses September 11, 2013 Page 3of 4 Additional modifications have been incorporated into the Ordinance that further address concerns of affected operators regarding the grandfathering of non-conforming uses. These include the ability to re-introduce a hotel use after the property was converted to a conforming residential use, provided that the property was licensed as a hotel before May 28, 2013 and that the subsequent residential use does not exist for more than three (3) years. The Planning Board concluded that a 3 year window to revert back to a previously established, though non-conforming, hotel use is a fair amount of time for an affected property owner to be able to absorb any potential loss of revenue associated with an unsuccessful residential venture. While not opposed to the 3 year rule proposed, as indicated previously in the process, staff is not in favor of allowing a non-conforming use to continue in perpetuity, in the event such use was discontinued and replaced by a conforming use. Such a modification would substantially contravene Chapter 118, Article IX of the land Development Regulations of the City Code, pertaining to 'Nonconformances'. As part of the Planning Board review process, staff also suggested other areas that may be worthy of discussion, including: • Establishing a Conditional Use requirement for hotels and accessory uses proposed in the West Avenue district. • Stricter regulation of allowable 'Accessory Uses', including placing defined limits on occupancy loads, seating and hours of operation. • A prohibition on outdoor seating facing a street or sidewalk, as well as on sidewalk cafes. • Requiring that access to 'Accessory Uses' be from within the confines of the hotel, via a hotel lobby, and not be directly from the street or sidewalk • As recommended by the Land Use Committee, creating an 'Applicability' section of the Ordinance, in order to address existing hotel uses. It is also important to note that the proposed prohibition of hotels within the West Avenue corridor would not supersede the allowances and incentives associated with the 'West Avenue Bayfront Overlay'. This particular area was created fn order to incentivize the retention, renovation and preservation of existing, low scale structures. One of the key mechanisms for this overlay district is the ability to convert eligible, existing structures, to hotel or motel uses, in accordance with the standards, requirements and procedures of the overlay district. PLANNING BOARD REVIEW The Planning Board reviewed the subject Ordinance on June 25, 2013, and transmitted it to the City Commission with a favorable recommendation by a vote of 5 to 0. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. 576 Commission Memorandum West Avenue Hotel Uses September 11, 2013 CONCLUSION Page 4 of 4 The Administration recommends that the City Commission approve the subject Ordinance at First Reading, and set a Second Reading Public Hearing for October 16, 2013. ~J- JLM/JMJ/RGLfTRM T:\AGENDA\2013\September 11 \West Avenue Hotel Uses MEMO 1 st.docx 577 WEST AVENUE HOTEL USES (As Transmitted by Planning Board on June 25, 2013) ORDINANCE NO. ___ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY"; AND BY AMENDING SUBDIVISION V, "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY", TO LIMIT HOTELS AS HEREINAFTER PROVIDED IN THE WEST AVENUE CORRIDOR TO THOSE EXISTING AS OF MAY 28, 2013; DEFINING THE WEST AVENUE CORRIDOR AS THAT AREA BORDERED BY COLLINS CANAL TO THE NORTH, ALTON ROAD TO THE EAST, BISCAYNE BAY TO THE WEST AND 6TH STREET TO THE SOUTH; DEFINING THE RIGHTS OF EXISTING HOTELS AS LEGAL CONFORMING USES; TO EXCLUDE OUTDOOR ENTERTAINMENT ESTABLISHMENTS AND OUTDOOR ENTERTAINMENT FROM PERMITTED HOTEL ACCESSORY USES; TO ADD HOTELS AS A PROHIBITED USE WITHIN THE BOUNDARIES OF THE WEST AVENUE CORRIDOR OF THE RM-2 AND RM-3 DISTRICTS; ACKNOWLEDGING STATE PRE-EMPTION OF SHORT TERM RENTAL REGULATIONS; PROVIDING RULES FOR CESSATION AND RESUMPTION OF HOTEL USES; AND PROVIDING FOR CODIFICATION; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach endeavors to preserve and enhance the residential scale, character and livability of residential apartment and condominium buildings within the City's medium and high intensity multi-family districts; and WHEREAS, hotel uses located in the West Avenue Corridor and zoned RM-2 & RM-3 include allowable accessory uses that present compatibility issues with existing residential structures; and WHEREAS, the City of Miami Beach desires to amend existing requirements and procedures for certain types of prohibited uses located in the West Avenue Corridor and zoned RM~2 & RM-3; 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, Article 2, entitled "District Regulations", Division 3, entitled "Residential Multifamily Districts", Subdivision IV, entitled "RM-2 Residential Multifamily, Medium Intensity", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-212. -Main permitted uses. The main permitted uses in the RM-2 residential multifamily, medium intensity district are 578 single-family detached dwellings; townhomes; apartments; apartment-hotels; and hotels; except that in the "West Avenue Corridor". defined in this Subdivision as that area bordered by Collins Canal to the north. Alton Road to the east. Biscayne Bay to the West and 6th Street to the south. apartment-hotel or hotel uses are only permitted if issued a building permit or occupational license prior to May 28. 2013. or are approved by the Design Review Board pursuant to a complete application filed and pending prior to May 28. 2013. in which event they shall be considered a "Legal Conforming Use." A property that has a "Legal Conforming Use" as used in this Subdivision prior to May 28, 2013, may retain all, and apply for new, expansions and modifications to. permitted. conditional and /or accessory uses permitted in the zoning category as of May 28, 2013, and apply for building permits to add, improve and/or expand existing structures. or construct new structures for permitted, conditional and/or accessory uses permitted in the zoning category, if FAR remains available. Sec. 142-213.-Conditional uses. Conditional uses in the RM-2 residential multifamily, medium intensity district are adult congregate living facility; day care facility; nursing home; religious institutions; private and public institutions; schools; commercial or noncommercial parking lots and garages; and accessory neighborhood impact establishment, as set forth in article V, division 6 of this chapter. Sec. 142-214.-Accessory uses. The accessory uses in the RM-2 residential multifamily, medium intensity district are as required in article IV, division 2 of this chapter and uses that serve alcoholic beverages as listed in article V, division 4 of this chapter, pertaining to alcoholic beverages. RM-2 properties within the "West Avenue Corridor." may not have accessory outdoor entertainment establishments. Notwithstanding the foregoing. a property that had a Legal Conforming Use as of May 28, 2013 shall have the right to apply for and receive special event permits that contain entertainment uses. Sec. 142-215. Prohibited Uses. The prohibited uses in the RM-2 residential multifamily, medium intensity district are accessory outdoor entertainment establishment, accessory open air entertainment establishment, as set forth in article V, division 6 of this chapter; and accessory outdoor bar counter: and for properties located within the "West Avenue Corridor," hotels and apartment-hotels, except to the extent preempted by Section 509.032(7). Florida Statutes, and unless they are a Legal Conforming Use. Properties that voluntarily cease to operate as a hotel for a consecutive three (3) year period, shall not be permitted to later resume such hotel operation. Without limitation. (a) involuntary hotel closures due to casualty and (b) cessation of hotel use of individual units of a condo-hotel shall not be deemed to be ceasing hotel operations pursuant to the preceding sentence. SECTION 2. That Chapter 142, Article 2, entitled "District Regulations", Division 3, entitled "Residential Multifamily Districts", Subdivision V, entitled "RM-3 Residential Multifamily, High Intensity", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-242.-Main permitted uses. The main permitted uses in the RM-3 residential multifamily, high intensity district are single-family detached dwelling; townhomes; apartments; apartment-hotels; and hotels; except that in the "West Avenue Corridor," defined in this Subdivision as that area bordered by Collins Canal to the north. Alton Road to the east. Biscayne Bay to the West and 6th Street to the south. apartment-hotel or hotel uses are only permitted if issued a building permit or occupational license prior to May 28. 2013, or are approved by the Design Review Board pursuant to a complete application filed and pending prior to May 28, 2013, in which event they shall be considered a 579 "Legal Conforming Use." A property that has a "Legal Conforming Use" as used in this Subdivision prior to May 28. 2013. may retain all, and apply for new, expansions and modifications to. permitted, conditional and accessory uses permitted in the zoning category as of May 28. 2013. and apply for building permits to add, improve and/or expand existing structures. or construct new structures for permitted. conditional and/or accessory uses permitted in the zoning category, if FAR remains available. Sec. 142-243.-Conditional uses. The conditional uses in the RM-3 residential multifamily, high intensity district are adult congregate living facility; day care facility; nursing home; religious institutions; private and public institutions; schools; commercial or noncommercial parking lots and garages; accessory outdoor entertainment establishment; accessory neighborhood impact establishment; and accessory open air entertainment establishment as set forth in article V, division 6 of this chapter. Sec. 142-244. -Accessory uses. The accessory uses in the RM-3 residential multifamily, high intensity district are as follows: ( 1) Those uses permitted in article IV, division 2 of this chapter. (2) Uses that serve alcoholic beverages as listed in article V, division 4 of this chapter, pertaining to alcoholic beverages. (3) Accessory outdoor bar counters, provided that the accessory outdoor bar counter is not operated or utilized between midnight and 8:00 a.m.; however, for an accessory outdoor bar counter which is adjacent to a property with an apartment unit, the accessory outdoor bar counter may not be operated or utilized between 8:00p.m. and 8:00a.m. (4) Oceanfront hotels with at least 100 hotel units may operate and utilize an accessory outdoor bar counter, notwithstanding the above restriction on the hours of operation, provided the accessory outdoor bar counter is (i) located in the rear yard, and (ii) set back 20 percent of the lot width (50 feet minimum) from any property line adjacent to a property with an apartment unit thereon. (5) RM-3 properties within the "West Avenue Corridor." may not have accessory outdoor entertainment establishments. Notwithstanding the foregoing, a property that had a Legal Conforming Use as of May 28, 2013 shall have the right to apply for and receive special event permits that contain entertainment uses. Sec. 142-245. Prohibited Uses. The prohibited use in the RM-3 residential multifamily, high intensity district is accessory outdoor bar counter, except as provided in section 142-244; and for properties located within the "West Avenue Corridor." hotels and apartment-hotels. except to the extent preempted by Section 509.032(7), Florida Statutes. and unless a Legal Conforming Use. Properties that voluntarily cease to operate as a hotel for a consecutive three (3) year period shall not be permitted to later resume such hotel operation. Without limitation. {a) involuntary hotel closures due to casualty and {b) cessation of hotel use of individual units of a condo-hotel shall not be deemed to be ceasing hotel operations pursuant to the preceding sentence. SECTION 3. 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 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, with the exception of Chapter 142, Article Ill, Division 5 -West Avenue Bay Front Overlay. 580 SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of-------' 2013. ATTEST: CITY CLERK First Reading: September 11, 2013 Second Reading: October 16, 2013 Verified by:------------ Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language Strike Thru denotes deleted language 08/13/2013 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney T:IAGENDA\2013\September 11\West Avenue Hotel Uses ORDINANCE 1 st.docx 581 Date U1 00 f\) MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF MIAMI BEACH CODE OF ORDINANCES NOTICE TO THE PUBLIC NOTICE IS HEREBY given that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers. 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on WEDNESDAY, September 11, 2013 at 5:15p.m., wherein 111e Cltv of Miami Beach proposes to adopt the following ordinance: ORDINANCE AMENDMENT -PALM VIEW HOTEL USES. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142, 'ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBOMSION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY", TO LIMIT HOTELS AS HEREINAFTIER PROVIDED IN THE PALM VIEW CORRIDOR TO THOSE EXISTING M3 OF MAY 28, 2013; DEFINING THE PALM VIEW CORRIDOR AS AIUL PROPERTIES ABUTTING THE WEST SlOE OF MERIDIAN AVENUE BETWEEN 17TH STREET AND COLLINS CANAL; DEFINING THE RIGHTS OF EXISTING HOTIELS AS LEGAL CONFORMING USES; TO EXCLUDE OUTDOOR ENTERTAINMENT ESTABLISHMENTS AND OUTDOOR ENTERTAINMENT FROM PERMiffiD HOTEL ACCESSORY USES; TO ADD HOTELS AS A PROHIBITED USE WITHIN THE BOUNDARIES OF THE PALM VlEW CORRIDOR OF THE RM-2 DISTRICT; ACKNOWLEDGING STATE PRE-EMPTION OF SHORT TERM RENTAL REGULATIONS; PROVIDING RULES FOR CESSATION AND RESUMPTION OF HOTIEL USES; AND PROVIDING FOR CODIFICATION; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. llY7 7 7 / A-2W I I All interested parties .--_/ /1 I( ~ RM-2 are invited to appear ! ill ~ Q il: I CCC t'ttH'S"T I...IWCOLNIIII:J ~ ~ ~~ at this meeting or be represented by an agent, or to express 111eir views in wri~ng addressed to the City Commission c/o the Planning Department, 1700 Convention Center Drive, City Hall. Miami Beach. Florida 33139. This meeting may be continued, and under such circumstances L-.....L.....J-------------------...Iaddltlonal legal notice will not be provided. Copies of the proposed amendments are available in the Planning Department Inquiries may be directed to the Planning Department at (305) 673-7550. Pursuant to Florida Stat 286.0105, the City hereby advises the public thai if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meetlll{J or Its hearing, such person must ensure that a verbatim record of the proceedings is made, which record must include the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the Introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwille allowed by law. To requestthls material in accessible format, sign language interpreters, information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at (305) 673-7 411 (voice) or TTY users may also call the Flori Cia Relay Service at 711. Ad#801 NE SUNDAY, AUGUST 11, 2013 I 29NE MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF .....]L_ THE CITY OF MIAMI BEACH ft CODE OF ORDINANCES NOTICE TO THE PUBLIC NOTICE IS HEREBY given 111at a public hearing will be held by 111e Mayor and City Commission of the City of Miami Beach, Florida, in the Commisskm Chambers, 3rd Floor, City Hall, 1100 Convention Center Drive, Miami Beach, Aorida, on WEDNESDAY, September 11, 2013 at 5:20 p.m., wherein the Citv of Miami Beach proposes to adopt the following ordinance: ORDINANCE AMENDMENT -WEST AVENUE HOTEL USES. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS". ARTICLE II, "DISTRICT REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY"; AND BY AMENDING SUBDIVISION V, "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY", TO LIMIT HOTELS AS HEREINAFTER PROVIDED IN THE WEST AVENUE CORRIDOR TO THOSE EXISTING AS OF MAY 2B, 2013; DEFINING THE WEST AVENUE CORRIDOR AS THAT AREA BORDERED BY COLLINS CANAL TO THE NORTH, ALTON ROAD TO THE EAST, BISCAYNE BAY TO THE WEST AND 6TH STREET TO THE SOUTH; DEFINING THE RIGHTS OF EXISTING HOTELS AS LEGAL CONFORMING USES; TO EXCLUDE OUTDOOR ENTERTAINMENT ESTABLISHMENTS AND OUTDOOR ENTERTAINMENT FROM PERMITTED HOTEL ACCESSORY USES; TO ADO HOTIELS AS A PROHIBITED USE WITHIN THE BOUNDARIES OF THE WEST AVENUE CORRIDOR OF THE RM-2 AND RM-3 DISTRICTS; ACKNOWLEDGING STATE PRE-EMPTION OF SHORT TERM RENTAL REGULATIONS; PROVIDING RULES FOR CESSATION AND RESUMPTION OF HOTEL USES; AND PROVIDING FOR CODIFICATION; REPEALIER, SEVERABIUTY AND AN EFFECTIVE DATE. 1 '""" P 1 1 »" 1 1 ___ 1 All interested parties are invited to appear at this .. 101,.,.. ... ,. meeting or be represented by an agen1, or to express tlielr views in writing addressed to the City Commission c/o l11e Planning Department, 1 -~-· 11700 Convention Center Drive, City Hall. Miami Beach, F --Florida 33139. This meeting may be continued, and under such circumstances addi~onal legal notice will not be provided. Copies of the proposed amendments are available in the Planning Oepartment. Inquiries may be directed to the Planning Department at (305) 673-7550. Pursuant to Florida Stat. 286.0105, 111e City hereby advises the public that if a person decides to appeal any decision made by the City Com mission with respect !I to any matter considered at its meeting or its hearing, ~ soch person must ensure that a verbatim record of 111e proceedings is made, which record must include 111e testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the '-' I "'!! Q'Wl I City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does It authorize ..:;_ ______ _:.:••~• .. ;:._ ___ ___,j challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons wil11 disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding. please contact us five days in advance at (305) 673-7 411 (voice) or TTY users may also call the Florida Relay Service at 711. Ad #1102 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment modifying the signage regulations for bay front buildin s and oceanfront buildin s located in the RM-3 district. Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of tore ulate development is "about the ri ht amount." Item Summa /Recommendation: FIRST READING The proposed Ordinance would modify the signage regulations for bay front buildings and oceanfront buildings located in the RM-3 district. The Administration recommends that the City Commission approve the Ordinance at First Reading and set a Second Reading Public Hearing for October 16, 2013. Adviso Board Recommendation: On July 23, 2013, the Planning Board transmitted the subject Ordinance to the City Commission by a vote of6-0. Financial Information: Source of Funds: D OBPI 1 2 3 Total Financial Impact Summary: Amount Account 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 im act. Assistant City Manager T:\AGENDA\2013\September 11\RM3 Accessory Signage-SUM 1 s MIAMI BEACH 583 AGENDA ITEM R~T DATE ?-//-/3 MIAMI BEACH City of Miami Beoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochll.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 FIRST READING SUBJECT: RM-3 Accessory Use Signage 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 138, ENTITLED "SIGNS", BY AMENDING ARTICLE I, ENTITLED "IN GENERAL", BY AMENDING SECTION 138-8 TO MODIFY THE ACCESSORY USE SIGN REQUIREMENTS FOR OCEANFRONT BUILDINGS; BY AMENDING ARTICLE V, ENTITLED "SIGN REGULATIONS BY DISTRICT", BY AMENDING SECTION 138-171 TO MODIFY THE REQUIREMENTS FOR HOTELS AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT AND BY AMENDING SECTION 138-172 TO MODIFY THE REQUIREMENTS FOR HOTELS AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for October 16, 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 • Accessory Setback Encroachments 584 Commission Memorandum RM-2 Access01y Use Signage September 11, 2013 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. The proposal herein pertains to 'RM-3 Accessory Use Signage'. ANALYSIS Almost all the new oceanfront hotel and residential construction in the past several years has required variances in order to provide appropriate signage for permitted accessory uses. This is due, in large part, to a number of oceanfront properties in the City being rezoned from CD-3 commercial to RM-3 residential multifamily high-intensity in 1998. Although accessory commercial uses are permitted within the RM-3 districts, the corresponding sign regulations were not changed at that time. As a result, hotel and residential projects have required variances in order to provide building identification signs at the top of the buildings, as well as sign age associated with permitted accessory uses. This has had the most profound impact on projects that incorporate individual retail stores along their Collins Avenue frontage, which is desirable from an urban design standpoint, but not accommodated by the RM-3 sign regulations in the Code. The proposed Ordinance would address this shortcoming in the current regulations by permitting the same type of signage that would be permitted on a similar building located within a commercial zoning district. Specifically, accessory commercial uses along the sidewalk would be allowed at least a 20 square foot wall sign and larger structures would be permitted to incorporate a building identification sign at the parapet. The proposed Ordinance also clarifies permitted signage for bay front and oceanfront buildings. Pursuant to the direction of the Board, the following modifications were made to the Ordinance referred by the land Use and Development Committee: • The proposed revisions to Section 138-8, pertaining to accessory use signs for oceanfront buildings, were removed from the Ordinance, as the revisions to Section 138-171 addressed the duplication issue; • Section 138-171 was modified by adding more defined standards for signs facing the bay, by limiting the copy of signs for bay front buildings to the name of the structure only, and by requiring that such signs be back-lit; • The accessory commercial use signage regulations in Section 138-172 were further clarified so that they only apply to signs facing a street or sidewalk. PLANNING BOARD REVIEW The Planning Board reviewed the subject Ordinance on July 23, 2013, and transmitted it to the City Commission with a favorable recommendation by a vote of 6 to 0. As noted above, the Planning Board recommended some minor changes to the Ordinance. The Administration agrees with these changes and has incorporated them into the draft Ordinance submitted to the City Commission for First Reading. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. 585 Commission Memorandum RM-2 Accessory Use Signage September 11, 2013 CONCLUSION Page 3of 3 The Administration recommends that the City Commission approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for October 16, 2013. fl..\. JLM/JMJ/RGL!TRM T:\AGENDA\2013\September 11\RM3 Accessory Signage-MEM 1st Read.docx 586 RM-3 ACCESSORY USE SIGNAGE 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 138, ENTITLED "SIGNS", BY AMENDING ARTICLE I, ENTITLED "IN GENERAL", BY AMENDING SECTION 138-8 TO MODIFY THE ACCESSORY USE SIGN REQUIREMENTS FOR OCEANFRONT BUILDINGS; BY AMENDING ARTICLE V, ENTITLED "SIGN REGULATIONS BY DISTRICT", BY AMENDING SECTION 138-171 TO MODIFY THE REQUIREMENTS FOR HOTELS AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT AND BY AMENDING SECTION 138-172 TO MODIFY THE REQUIREMENTS FOR HOTELS AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach endeavors to recall its unique social and architectural history, as well as further the dynamic character and attraction of hotels and apartment buildings through the use of signage; and WHEREAS, apartments and hotel structures located within RM-3 districts include allowable accessory commercial uses that are accessed directly from the street and sidewalk; and WHEREAS, the City of Miami Beach desires to amend existing requirements and procedures for main permitted and accessory signage in the RM-3 District; 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 138, Article V, entitled "Sign Regulations by Districts", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 138-171. General provisions. (e) Signs fronting on an alley are prohibited unless the alley abuts or is adjacent to any parking lot or garage, or where the alley provides a means of entrance to a business. The area of any permitted sign shall be the same as if the sign fronted on a street. * * * (h) Oceanfront or Bayfront buildings shall have no more than one sign facing the bay, limited to identifying the main permitted use. Such sign shall only consist of flush mounted. back-lit letters. with copy limited to the main permitted use. The area of such sign shall not exceed one percent of the wall area facing the bay with a maximum size of 50 square feet. The design and 587 location of the sign shall be approved tffi€lef .!2Y the design review process board or certificate of appropriateness process as applicable. In addition, one flat sign per 1 00 feet of lot ·...-idth with copy limited to the advertisement of an accessory use is permitted. The maMimum height of the sign shall not exceed 12 inches. * * * Section 138-172. Schedule of sign regulations for principal use signs Zoning Number Awning/ Flat Projecting Detached Accessory Special District Marquee (Monument) Signs Conditions RM-1 No more than Ten One per street 15 square 15 square feet, One sign for each 1. RM-2 one sign square frontage; teA feet however, if sign is licensed aU Maximum RM-3 identifying the feet; the twent)' square Net-set back 20 feet accessory use&; size for R-PS 1 main permitted height of feet for every 50 peFmittea from front property area of sign shall schools is R-PS2 uses for each the letters feet of linear iA-tRe-line, area may be not exceed 75 30 square R-PS 3 street frontage. shall not frontage, or RM-3-increased to a percent of the feet. R-PS4 Unless exceed fraction thereof, distfiGt. maximum of 30 main use sign, 20 2. Signs RO otherwise listed 12 up to maximum Not square feet. Pole square feet shall not TC-3 in section inches. of 30 square permitted signs are not maximum. have copy 138-171, all Not feet. Flat signs in RO. permitted. Existing ~ewe>JeF, iA tl:le indicating signs must front permitted shall not be pole signs may be RM 3 distFiGt 9Aiy prices. on a street~ in the located above repaired only as aetasl:1e8 3.An however, RM-3 the ground floor, provided in_ assessery signs exterior multi[!le street district. exce~t in hotels section 138-10. aFe peFmittea. For directory front facing Not and a[!artment Notwithstanding hotels and sign, signs for the permitted buildings within the above, a ag:artment attached to same licensed in RO. the RM-3 detached sign buildings in the the building oceanfront hotel district. Flat located on a RM-3 district, one up to six or apartment signs in hotels perimeter wall street front facing square feet, building within and a12artment shall be limited to flat sign g:er eve!Y listing the the RM-3 district buildings within five square feet licensed names of all may_ be the RM-3 district and shall not have accessory use licensed Ilermitted shall be limited to comply with the facing or having uses within through the to th~ name of setback direct access to a the building design review or the building or requirements of_ street or sidewalk, is certificate of the use that section 138-9. The twenty_ sguare feet permitted; a~~ro~riateness encom12asses height and size of for every 50 feet of sign 12roceSS as the largest the monument linear frontage, or material a12~licable if the amount of floor structure shall be fraction thereof, u12 and aggregate sign area in the determined under to maximum of 30 placement area does not building. Within the design review sguare feet. shall be exceed the the RM-3 process except as However, multi12le subject to maximum size district one provided herein. In street front facing approval Qermitted under building the RO districts, signs for the same through the this subsection. identification sign area shall not licensed design sign for hotels exceed 1 0 square accessory use of review and a~artment feet, and the oceanfront hotel process. buildings two monument and a[!artment stories or structure shall not buildings within higher, located exceed five {5) the RM-3 district on the 12araget feet in height. ma:l be ~ermitted facing a street, through the design is Qermitted with review or an area not to certificate of exceed one a1212ro[!riateness Qercent of the ~recess as 588 wall area on aQQiicable if the which it is aggregate sign Qlaced. Corner area does not buildings ma~ exceed the Qrovide one maximum size combined sign Qermitted under instead of the this subsection. two Qermitted signs. This sign shall be located on the corner of the building visible from both streets and shall have a maximum size of 40 sguare feet. 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 prov1s1on 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 ATTEST: CITY CLERK 589 First Reading: September 11, 2013 Second Reading: October 16, 2013 Verified by:------------ Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language Strike Thru denotes deleted language 08/13/2013 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney T:\AGENDA\2013\September 11\RM3 Accessory Signage-ORO 1st Read.docx 590 Date ------------.------------------ COMMISSION ITEM SUMMARY Condensed Title: ~mending Ordinance No. 1605, The Unclassified Employees Salary Ordinance By Amending All Of The Pay Grades By Eliminating the r,nnualized Salary For Each Pay Grade And Providing For The Biweekly Pay For Each Pay Grade; Abolishing Pay Grades 1 and 2; ~bolishing The Classifications Of Neighborhood Services Director, Community/Economic Development Director, Cultural Affairs & Tourism pevelopment Director, Procurement Division Director, Information Technology Division Director, Code Compliance Division Director, ~ssistant Director Procurement Division, And Public Information Officer; Establishing The Classifications Of Tourism, Cultural Affairs And ~conomic Development Division Director, Deputy Building Director, Procurement Director, Information Technology Director, Human Resources Assistant Director, Housing And Community Development Director, Infrastructure Division Director, Assistant City Engineer, Assistant Procurement Assistant Director, Building Operations Manager, Investigator Supervisor, Community Services Division Director, Administrative Services Manager, Public Safety Specialist Projects Coordinator, Property Maintenance/Operations Superintendent, Director Of The Office Of Communications, Leasing Specialist, Public Safety Management/Budget Analyst, Performance Schedule Analyst, Visual Communications Specialist, Labor Relations Specialist, Constituent/Commission Aide, Financial Analyst, Public Safety Payroll Administrator, And Records Supervisor; Amending The Pay Grades For The Classifications Of Assistant Director Parking, Assistant Director Parks And Assistant Director Recreation; Implementing The Minimum And Maximum Of Grades 1 And 2 For Service Contracts And City Employees In Accordance With The Living Wage Requirements As Adopted Via Ordinance No. 2010-3682 And Resolution No. 2011-27752; And Effective The First Full Pay Period Ending In October 2014, Increasing The Minimum And The Maximum Of Each Pay GradeBy Three Percent (3%); And Granting An Across The Board Cost Of Living Adjustment Of Up To Three Percent {3%) For Any Unclassified Employee Whose Base Salary Does Not Exceed The Maximum Of The Pay Range For The Comparable Job Title As Recommended By The 2009 Condrey Classification And Compensation Study "Pay Scale B" And Subsequently Amended By Seven Percent 7% In August 2013 By The Consultant. Ke Intended Outcome Su orted: Attract and maintain a Workforce of Excellence. Item Summary/Recommendation: First Reading The City reached individual tentative three (3) year labor agreements covering the time period of October 1, 2012, through September 30, 2015 with each, the CWA, FOP and IAFF. Included in the individual agreements, the City agreed to provide a three percent COLA for all bargaining unit employees effective the first pay period ending in October 2014, adjusting the minimum and maximum of each pay range accordingly. Keeping with spirit of treating all City of Miami Beach employees similarly, the Administration is recommending effective with the first full pay period in October 2014, increasing the minimum and maximum of the salary ranges for all pay grades in the Unclassified salary group and granting an across the board cost of living adjustment of up to three percent for any employee in the Unclassified salary group whose base salary does not exceed the maximum of the pay range for the comparable job title as recommended in the 2009 Condrey Classification and Compensation Study "Pay Scale B", and subsequently amended by seven percent in August 2013, by the consultant. In addition, over the last few years several reclassifications and organizational changes have taken place impacting a number of Unclassified salary group positions but had not been reflected in the Unclassified Salary Ordinance. The attached proposed ordinance will provide conformity for any such actions that have already taken place. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Funds: 1 FY2012/2013 2 FY2013/2014 D 3 FY2014/2015 Cost ofthree percent salary COLA for qualifying Unclassified employees. $800,000 OBPI Total $800,000 Financial Impact Summary: The three percent COLA provides a needed amendment to the salary ranges to provide for a fair and internally and externally competitive compensation system. Cit Clerk's Office Le islative Tracking: Sylvia Crespo-Tabak, Human Resources Director Assistant City Manager Kathie G. MIAMI BEACH 591 City Manager Agenda Item ___,_R.:....:S__..,..:;...>K-:--- Date 0-lfJ'~ / CB MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission City Manager Jimmy L. Morales ~AL ~ September 11, 2013 ( First Reading AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE BY AMENDING ALL OF THE PAY GRADES BY ELIMINATING THE ANNUALIZED SALARY FOR EACH PAY GRADE AND PROVIDING FOR THE BIWEEKLY PAY FOR EACH PAY GRADE; ABOLISHING PAY GRADE 1 AND PAY GRADE 2; ABOLISHING THE CLASSIFICATIONS OF NEIGHBORHOOD SERVICES DIRECTOR, COMMUNITY/ECONOMIC DEVELOPMENT DIRECTOR, CULTURAL AFFAIRS & TOURISM DEVELOPMENT DIRECTOR, PROCUREMENT DIVISION DIRECTOR, INFORMATION TECHNOLOGY DIVISION DIRECTOR, CODE COMPLIANCE DIVISION DIRECTOR, ASSIST ANT DIRECTOR PROCUREMENT DIVISION, AND PUBLIC INFORMATION OFFICER; ESTABLISHING THE CLASSIFICATIONS OF TOURISM, CULTURAL AFFAIRS AND ECONOMIC DEVELOPMENT DIVISION DIRECTOR, DEPUTY BUILDING DIRECTOR, PROCUREMENT DIRECTOR, INFORMATION TECHNOLOGY DIRECTOR, HUMAN RESOURCES ASSISTANT DIRECTOR, HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR, INFRASTRUCTURE DIVISION DIRECTOR, ASSISTANT CITY ENGINEER, ASSISTANT PROCUREMENT ASSISTANT DIRECTOR, BUILDING OPERATIONS MANAGER, INVESTIGATOR SUPERVISOR, COMMUNITY SERVICES DIVISION DIRECTOR, ADMINISTRATIVE SERVICES MANAGER, PUBLIC SAFETY SPECIALIST PROJECTS COORDINATOR, PROPERTY MAINTENANCE/OPERATIONS SUPERINTENDENT, DIRECTOR OF THE OFFICE OF COMMUNICATIONS, LEASING SPECIALIST, PUBLIC SAFETY MANAGEMENT/BUDGET ANALYST, PERFORMANCE SCHEDULE ANALYST, VISUAL COMMUNICATIONS SPECIALIST, LABOR RELATIONS SPECIALIST, CONSTITUENT/COMMISSION AIDE, FINANCIAL ANALYST, PUBLIC SAFETY PAYROLL ADMINISTRATOR, AND RECORDS SUPERVISOR; AMENDING THE PAY GRADES FOR THE CLASSIFICATIONS OF ASSISTANT DIRECTOR PARKING, ASSISTANT DIRECTOR PARKS AND ASSISTANT DIRECTOR RECREATION;; AND EFFECTIVE THE FIRST FULL PAY PERIOD ENDING IN OCTOBER 2014, INCREASING THE MINIMUM AND THE 592 City Commission Memorandum September 11,2013 Unclassified Salary Ordinance 101 Reading Page 2 of 5 MAXIMUM OF EACH PAY GRADE BY THREE PERCENT (3%); AND GRANTING AN ACROSS THE BOARD COST OF LIVING ADJUSTMENT OF UP TO THREE PERCENT (3%) FOR ANY UNCLASSIFIED EMPLOYEE WHOSE BASE SALARY DOES NOT EXCEED THE MAXIMUM OF THE PAY RANGE FOR THE COMPARABLE JOB TITLE AS RECOMMENDED BY THE 2009 CONDREY CLASSIFICATION AND COMPENSATION STUDY "PAY SCALE B" AND SUBSEQUENTLY AMENDED BY SEVEN PERCENT 7% IN AUGUST 2013 BY THE CONSULTANT; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION. RECOMMENDATION The Administration recommends the City Commission approve the ordinance and set a second reading public hearing for September 30, 2013. BACKGROUND The City of Miami Beach has the following five {5} classified employee groups that are represented by bargaining units: • Group I -Represented by the American Federation of State, County and Municipal Employees (AFSCME) Local1554; • Group II -Represented by the Fraternal Order of Police {FOP) William Nichols Lodge No.8; • Group Ill -Represented by the International Association of Firefighters (IAFF) Local 1510; • Group IV -Represented by the Communications Workers of America {CWA) Local 3178; and • Group V -Represented by the Government Supervisors Association of Florida (GSAF), OPEIU, Local100. In addition, the City has one classified employee group, Group VI, comprising all other classifications in the classified service not covered by a bargaining unit. This group is commonly referred to in the City of Miami Beach as ''Others". Further, there is a seventh salary group comprised of at-will employees commonly referred to as Unclassified employees. · BACKGROUND The City of Miami Beach currently has 408 employees whose classifications are in the Unclassified salary group. 593 City Commission Memorandum September 11, 2013 Unclassified Salary Ordinance 1st Reading Page 3 of 5 The City has reached agreements amending the prior three-year labor agreements with three of the five bargaining units in the City. They include the Communications Workers of America, (CWA), Local 3178; the International Association of Fire Fighters, (IAFF), Local 151 0; and the Fraternal Order of Police, (FOP), William Nichols Lodge No. 8. The successor three-year agreements for CWA and IAFF were approved by the corresponding bargaining unit members and ratified by the City Commission. In addition, the Administration is presenting an item to the City Commission on September 11, 2013, amending the FOP collective bargaining agreement that was ratified on July 19, 2013. On July 18, 2013, the City and the Government Supervisors Association of Florida, OPEIU, Local 100 (GSAF), had reached a tentative three-year labor agreement. GSAF held a ratification vote amongst their membership on August 1, 2013; however, the results reflected that the majority of the membership voted against the proposed labor agreement. Therefore, on August 15, 2013, GSAF was advised in writing that the City would seek to declare an impasse. At the time of this writing, the City and the American Federation of State, County and Municipal Employees, {AFSCME), Local 1554 continue to negotiate for a successor collective bargaining agreement that expired on April 30, 2013. An across the board cost of living adjustment (COLA) of three percent was negotiated with CWA, GSAF, FOP and IAFF (GSAF membership did not ratify the proposed agreement) effective with the first full pay period in October 2014. Correspondingly, the minimum and maximum of each pay range for each Classified position represented by CWA, FOP and IAFF will increase effective the first full pay period ending in October 2014. Since October 2009, there have been no merit increases for any Unclassified or "Others" employees and one three percent COLA in April 2012, for only those Unclassified employees whose salary was below the maximum of the pay range for their classification (Note: the minimum and maximum of the pay ranges were increased for all salary groups except for the Unclassified and the unrepresented Classified employees {"Others") in April 2012). Furthermore, since FY2007/2008 the management team (senior level and executive employees) has only received one (1) merit adjustment. In addition, employees in the Unclassified salary group and the "Others" salary group who participate in the Miami Beach Employees' Retirement Plan (MBERP) began contributing an additional two percent (2%) of their pensionable salary towards their pension effective January 18, 2010, thus reducing the City's portion of the Annual Required Contribution (ARC). In 2008, the Administration entered into a consultant contract with Condrey and Associates to pertorm a citywide job classification and compensation study in order to update the City's current classification system and establish an appropriate, adequate and fair classification and compensation system for all employees. The purpose of a job classification and compensation study was to examine an organization's current job classification schedule, and appropriately update all job classifications to ensure internal equity and external competitiveness. Condrey & Associates, in conjunction with a professor/researcher from the University of Miami, also conducted a best practices/benefits survey to seek data about what other jurisdictions are doing to control personnel/benefits related costs. Condrey & Associates presented their preliminary findings to the City Administration in early October 2008, just days after the continued challenges and in particular the major downturn experienced by 594 City Commission Memorandum September 11,2013 Unclassified Salary Ordinance 181 Reading Page 4 of 5 the stock market in late September 2008. Given the grim economic news and forecast, the announcement of many local and national organizations laying workers off, and of others freezing or even reducing salaries and/or benefits, the Administration asked Condrey & Associates to conduct further analysis in order to make a more accurate, timely, and fair recommendation to the City based on the quickly evolving economic, financial and labor issues taking place around the world. In August 2009, the City received the final Condrey and Associates Classification and Compensation Study for the City of Miami Beach. The report included an analysis of the salary and benefits data, along with the jurisdictions that responded to the salary survey and the benefits survey. In August 2013, the consultant provided the City with a letter (Attachment 1 ), advising that the minimum and the maximum salary scales recommended in the study, should be adjusted by seven percent (7%}. It has been the City's past practice to provide COLA adjustments to the "Others" employees and Unclassified employees consistent with those negotiated for the Classified employees covered by collective bargaining agreements. Therefore, the Administration recommends effective with the first full pay period ending in October 2014, increasing the minimum and maximum of the pay grades in the Unclassified salary group by three percent and implementing up to a three percent COLA for employees in the Unclassified salary group whose salary does not exceed the maximum of the pay range for the comparable job title recommended in the 2009 Condrey Classification and Compensation Study and subsequently adjusted by seven percent in August 2013 by the consultant. In addition, no employee in the Unclassified salary group who separated employment from the City prior to the date of implementation of the proposed COLA, will be eligible for this COLA increase. If approved, the proposed COLA represents only a six percent (6%) adjustment to the "Others" salary ranges in over six years. The City estimates that approximately sixty (60) employees in the Unclassified salary group will not be eligible to receive the proposed COLA The estimated impact is approximately $800,000 to the City's FY2014/2015 operating budget attributed to the "Unclassified employees who will be eligible to receive up to a three percent COLA effective with the first full pay period in October 2014. This estimate is based on current data and does not take into account future turnover rates. The anticipated impacts of the 2009 Condrey Classification and Compensation recommendations and subsequently amended by seven percent (7%) in August 2013 by the consultant is provided in Attachment 2. CONCLUSION The Administration recommends approving the COLA of up to three percent (3%), effective the first full pay period ending October 2014 for all employees in the Unclassified salary group whose salary does not exceed the maximum of the pay range as recommended in the 2009 Condrey Classification and Compensation Study and subsequently adjusted by seven percent in August 2013 by the consultant. This adjustment will provide additional incentives and competitiveness to attract and retain new and existing employees. 595 City Commission Memorandum September 11, 2013 Unclassified Salary Ordinance 1S1 Reading Page 5 of 5 In addition, over the last few years several reclassifications and organizational changes have taken place impacting a number of Unclassified salary group positions but had not been reflected in the Unclassified Salary Ordinance. The Administration also recommends amending the minimum and the maximum salary ranges by eliminating the annualized salaries and replacing them with the biweekly amounts to reflect a consistent representation of how employees are currently compensated. The attached ordinance will provide conformity for any such actions that have already taken place. The Administration recommends the City Commission approve the ordinance of first reading and set the second reading public hearing for September 30, 2013. J LM/KGB/SC-T/CMG T:\AGENDA\2013\September 11\Unclassified Salary Ordinance\Unclassified Employees Salary Ordinance Memo 1st Rdg 9~4-13 CMG.docx 596 ---------------------------- ATTACHMENT 1 CONDREY & ASSOCIATES, INC. Ms. Carla Maglio Gomez Assistant Director Department of Human Resources City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Dear Ms. Gomez: A Human Resources Consulting Company August 21, 2013 As we discussed, I am happy to provide information concerning updating the salary scales presented in our August 2009 report. In order to bring these scales to current compensation levels, we recommend that they be increased by 7%. This 7% adjustment is based on the approximate cumulative increase in the Employment Cost Index since 2009. I hope this information is helpful to you. Please do not hesitate to contact me if I may provide further information. Sincerely, Stephen E. Condrey, Ph.D. President 706.548.8938 8 1 i<> ;:~ ' /! U · 0 586.816.4067 ~'C~ '/ w' Athens, GA 30604-7907 www. condrey-consulting. com 597 U'l (Q 00 CMB Grade o007 o009 o009 o009 o009 o010 o011 o011 o011 o011 o011 o011 o011 o011 o011 o011 o011 o012 o012 o012 o012 o012 Class Title OFFICE ASSOCIATE Ill CASE WORKER II FIELD MONITOR OFFICE ASSOCIATE IV OFFICE ASSOCIATE IV Code Violations Clerk Customer Service Liaison Grants and Operations Administrator Ice Rink Manager OFFICE ASSOCIATE V OFFICE ASSOCIATE V OFFICE ASSOCIATE V OFFICE ASSOCIATE V Parks and Recreation Analyst Sanitation Coordinator Truancy Coordinator Truancy Prog Coord Civil Engineer I Executive Office Associate I FIELD AGENT FIELD SUPERVISOR FIELD SUPERVISOR UNCLASSIFIED CLASSIFICATIONS CONDREY RECOMMENDED RANGES UPDATED AUGUST 2013 CMB Minimum Department Adjusted bll 3% Parking Admin 34,457.02 Homeless Outreach 34,457.02 Tourism & Cultural Dev 34,457.02 Mayor and Commission 34,457.02 Mayor and Commission 34,457.02 City Clerk 34,457.02 Parking Admin 34,457.02 Tourism & Cultural Dev 34,457.02 Parks Recreation 34,457.02 Police Support Serv. 34,457.02 Parks Administration 34,457.02 Tourism & Cultural Dev 34,457.02 Mayor and Commission 34,457.02 Parks Maintenance 34,457.02 Sanitation 34,457.02 Community Services 34,457.02 Community Services 34,457.02 Public Works Storm 34,457.02 Finance/ Admin 34,457.02 Internal Audit 34,457.02 CIP 34,457.02 Planning 34,457.02 ATTACHMENT 2 CMB Condrey Condrell Maximum Recommended Recommended Adiusted bv Minimum Grade 3% {Adjusted bi 7%1 55,651.79 11 40,258.75 55,651.79 12 42,296.85 55,651.79 12 42,296.85 55,651.79 12 42,296.85 55,651.79 14 42,296.85 55,651.79 12 42,296.85 55,651.79 14 46,687.80 55,651.79 14 46,687.80 55,651.79 16 51,534.60 55,651.79 14 46,687.80 55,651.79 18 56,884_56 55,651.79 16 51,534.60 55,651.79 15 49,051.38 55,651.79 16 51,534.60 55,651.79 14 46,687.80 55,651.79 16 51,534.60 55,651.79 16 51,534.60 55,651.79 21 69,308.31 55,651.79 15 49,051.38 55,651.79 16 51,534.60 55,651.79 19 59,764.34 55,651.79 16 51,534.60 Unclassified Condrey plus 7 percentC:\Users\HUMAGomC\AppData\Locai\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SWIKCSV7\Unclassified Condrey plus 7 percent Condrell Recommended Maximum {Adjusted bi 7%1 61,258.45 64.359.65 64,359.65 64,359.65 64,359.65 64,359.65 71,041.02 71,041.02 78,416.00 71,041.02 86,556.58 78,416.00 74,637.48 78,416.00 71,041.02 78,416.00 78,416.00 105,460.79 74,637.48 78,416.00 90,938.51 78,416.00 REVISED 9/4/2013;1 U'l (Q (Q CMBGrade o012 o012 o012 o013 o013 o013 o013 o013 o013 0013 o013 o013 o013 o013 o014 o014 0014 o014 o014 o014 o014 0014 Class Title Information Technology Specialist I POLICE RECORDS SUPV Registrar Agenda Coordinator Auditor Executive Office Associate II Financial Analyst I Fleet Analyst Human Resources Specialist LABOR RELATIONS SPEC OFFICE MANAGER Planner Procurement Coordinator PUBLIC INF SPECIALIST Building Records Manager COMM DEV SPEC COMMUNICATIONS MGR Construction Manager E-Government Administrator GIS Analyst HOUSING SPEC Information Technology Specialist II UNCLASSIFIED CLASSIFICATIONS CONDREY RECOMMENDED RANGES UPDATED AUGUST 2013 CMB Minimum Department Adjusted bl£ 3% IT Support 34,457.02 Police Tech Serv 34,457.02 Tourism & Cultural Dev 34,457.02 City Clerk 34,457.02 Internal Audit 34,457.02 City Manager 34,457.02 Finance/ Revenue 34,457.02 Fleet Managment Div 34,457.02 Human Resources 34,457.02 Human Resources 34,457.02 Mayor and Commission 34,457.02 Planning 34,457.02 Procurement Division 34,457 02 Parks Administration 34,457.02 Building Serv-Building 34,457.02 Real Estate, Housing & Comm Dev 34,457.02 Police Tech Serv 34,457.02 CIP 34,457.02 IT Applications 34,457.02 Public Works Water 34,457.02 Real Estate, Housing & Comm Dev 34,457.02 IT Support 34,457.02 CMB Condrey Condrey Maximum Recommended Recommended Adiusted bv Minimum 3% Grade (Adjusted by 7%} 55,651.79 16 51,534.60 55,651.79 12 42,296.85 55,651.79 14 46,687.80 55,651.79 16 51,534.60 55,651.79 17 54,143.54 55,65179 16 51,534.60 55,651.79 17 54,143.54 55,651.79 18 56,884.56 55,651.79 18 56,884.56 55,651.79 18 56,884.56 55,651.79 18 56,884.56 55,651.79 18 56,884.56 55,651.79 16 51,534.60 55,651.79 16 51,534.60 55,651.79 17 54,143.54 55,651.79 18 56,884.56 55,651.79 17 54,143.54 55,651.79 19 59,764.34 55,651 79 19 59,764.34 55,651.79 17 54,143.54 55,651.79 18 56,884.56 55,651.79 18 56,884.56 Unclassified Condrey plus 7 percentC:\Users\HUMAGomC\AppData\Locai\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SWIKCSV7\Unclassified Condrey plus 7 percent Condre:t Recommended Maximum (Adjusted by 7%} 78,416.00 64,359.65 71,041.02 78,416.00 82,385.81 78,416.00 82,385.81 86,556.58 ' 86,556.58 i 86,556.58 : 86,556.58 86,556.58 78,416.00 76,416.00 82,385.81 i 86,556.58 , 82,385.81 90.938.51 90.93851 82,385.81 86,556.58 86,556.58 REVISED 9/4/2013;2 en 0 0 CMB Grade o014 0014 0014 o014 o014 o014 o014 o014 o015 o015 o015 o015 o015 0015 o015 o015 o015 0015 o015 o015 o015 o015 Class Title Legal Administrator Parking Operations Manager Police Records Manager Sanitation Superintendent Sr. Procurement Specialist Telecommunications Specialist Victim's Advocate Visual Communications Specialist BLD PERM INF ANAL Y II Central Services Coordinator Contracts Compliance Specialist Development Coordinator Development Review Services Coordinator Financial Analyst II Fire Protection Analyst INSP SERVICES COORD Media Specialist Redevelopment Specialist RIGHT OF WAY MGR Senior Planner Senior Planner Sr. Systems Analyst UNCLASSIFIED CLASSIFICATIONS CONDREY RECOMMENDED RANGES UPDATED AUGUST 2013 CMB Minimum Department Adjusted by 3% City Attorney 34,457.02 Parking on Street 34,457.02 Police Tech Serv 34,457 02 Sanitation 34,457.02 Procurement Division 34,457.02 IT Communications 34,457.02 Police CID 34,457.02 Communications 34,457.02 Building Serv-Building 34,457.02 City Clerk-Cntrl Ser 34,457.02 Procurement Division 34,457.02 Communications 34,457.02 Building Serv-Building 34,457.02 Finance/ Treasury Management 34,457.02 Fire PRevention 34,457.02 Building Serv-Building 34,457.02 Communications 34,457.02 Tourism & Cultural Dev 34,457.02 Public Works Eng in 34,457.02 Planning 34,457.02 Planning 34,457.02 IT Applications 34,457.02 CMB Condrey Condrey Maximum Recommended Recommended Adiusted bv Minimum 3% Grade {Adjusted bl£7%1 55,651.79 18 56,884.56 55,651.79 18 56,884.56 55,651.79 16 51,534.60 55,651.79 18 56,884.56 55,651.79 19 59,764.34 55,651.79 18 56,884.56 55,651.79 15 49,051.38 55,651.79 16 51,534.60 55,651.79 18 56,884.56 55,651.79 16 51,534.60 55,651.79 18 56,884.56 55,651.79 21 69,308.31 55,651.79 18 56,884.56 55,651.79 19 59,764.34 55,651.79 18 56,884.56 55,651.79 20 62,789.91 55,651.79 19 59,764.34 55,651.79 16 51,534.60 55,651.79 19 59,764.34 55,651.79 20 62,789.91 55,651.79 18 56,884.56 55,651.79 20 62,789.91 -·----Unclassified Condrey plus 7 percentC:\Users\HUMAGomC\AppData\locai\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SWIKCSV7\Unclassified Condrey plus 7 percent Condrey Recommended Maximum (Adjusted bl£ 7%} 86,556.58 86,556.58 78,416.00 86,556.58 90,938.51 86,556.58 74,637.48 78,416.00 86,556.58 78,416.00 86,556.58 105,460.79 86,556.58 90,938.51 86,556.58 95,542.28 90,938.51 78,416.00 90,938.51 95,542.28 86,556.58 95,542.28 ----REVISED 9/4/2013;3 en 0 ~ CMB Grade o015 o015 o016 0016 0016 o016 0016 o016 o016 0016 o016 o016 o016 o016 o016 o016 o016 o016 o016 o016 o016 o016 o016 o016 L.__ Class Title Sr. Telecommunications Specialist Systems Administrator Assistant Director-Sanitation ASST DIR-PROCUR Capital Projects Administrator Chief Building Code Compliance Officer Chief Building Inspector Chief Electrical Inspector Chief Elevator Inspector Chief Engineering Inspector Chief Fire Protection Analyst CHIEF MECHANICAL INSP CHIEF PLUMBING INSP Civil Engineer Ill Community Resources Coordinator Community Resources Coordinator Database Administrator Environmental Resources Manager Film/Event Production Manager Financial Analyst Ill HUMAN RES ADMIN I HUMAN RES ADMIN I Organizational Development and Training Specialist PARK FACILITIES MGR UNCLASSIFIED CLASSIFICATIONS CONDREY RECOMMENDED RANGES UPDATED AUGUST 2013 CMB Minimum Department Adjusted b)l 3% IT Communications 34,457.02 IT Support 34,457.02 Sanitation 34,457.02 Procurement Division 34,457.02 CIP 34,457.02 Building Serv-Building 34,457.02 Building Serv-Building 34,457.02 Building Serv-Building 34,457.02 Building Serv-Building 34,457.02 Building Serv-Building 34.457.02 Fire PRevention 34,457.02 Building Serv-Building 34,457.02 Building Serv-Building 34,457.02 Building Serv-Building 34,457.02 Fire Rescue 34,457.02 Fire Rescue 34,457.02 IT Applications 34,457.02 Public Works Environ 34,457.02 Tourism & Cultural Dev 34,457.02 Parking Admin 34,457.02 Human Resources 34,457.02 Human Resources 34,457.02 Budget 34,457.02 Parks Recreation 34,457.02 ·-·· CMB Condrey Condrey Maximum Recommended Recommended Adiusted by Minimum Grade 3% 'Adjusted bll 7"{q} 55,651.79 19 59,764.34 55,651.79 19 59,764.34 55,651.79 20 62,769.91 55,651.79 24 97,930.83 55,651.79 20 62,789.91 55,651.79 20 62,789.91 55,651.79 20 62,789.91 55,651.79 20 62,789.91 55,651.79 20 62,789.91 55,651.79 19 59,764.34 55,651.79 22 76,503.41 55,651.79 20 62,789.91 55,651.79 20 62,789.91 55,651.79 23 62,789.91 55,651.79 22 76,503.41 55,651.79 17 76,503.41 55,651.79 21 69,308.31 55,651.79 19 59,764.34 55,651.79 22 76,503.41 55,651.79 21 69,308.31 55,651.79 20 62,789.91 55,651.79 21 69,308.31 55,651.79 21 69,308.31 55,651.79 21 69,308.31 Unclassified Condrey plus 7 percentC:\Users\HUMAGomC\AppData\Locai\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SWIKCSV7\Unclassified Condrey plus 7 percent Condrey Recommended Maximum 'Adjusted blf 7%} 90,938.51 90,938.51 95,542.28 161,585.87 95,542.28 95,542.28 95,542.28 I 95,542.28 95,542.28 90,936.51 116,408.98 95,542.28 95,542.28 95,542.28 116,408.98 116,408.98 105,460.79 90,938.51 116,408.98 105,460.79 95,542.28 105,460.79 1 05,460.79 ! 105,460.79 REVISED 9/4/2013;4 en 0 f\) CMB Grade o016 o016 o016 0016 0016 o016 0016 o016 o016 0016 o016 o017 o017 o017 o017 0017 o017 o017 o017 0017 0017 o017 Class Title Parks Superintendent Police Plans and Policies Manager Principal Planner Public Information Officer Radio Systems Administrator Senior Auditor Sr. Administrative Manager Sr. Management Analyst Sr. Network Administrator Sr. Systems Administrator Transportation Coordinator Assistant Internal Auditor CALL CTRICU SVC MGR CAPITAL PROJ COORD Chief Accessibility Inspector CHIEF STRU PLANS EXAM COMM SERV DIV DIR CULT AFF PRGRM MGR ECON DEV DIV DIR GIS MANAGER GRANTS MANAGER PLANNING & ZONING MGR UNCLASSIFIED CLASSIFICATIONS CONDREY RECOMMENDED RANGES UPDATED AUGUST 2013 CMB Minimum Department Adjusted bl! 3% Parks Maintenance 34,457.02 Police Chief Office 34,457.02 Planning 34,457.02 Communications 34,457.02 IT Communications 34,457.02 Internal Audit 34,457.02 Parking Admin 34,457.02 Public Works Storm 34,457.02 IT Support 34,457.02 IT Support 34,457.02 PW-Transportation/CO 34,457.02 Internal Audit 34,457.02 Building SeiV-Building 34,457.02 CIP 34,457.02 Building SeiV-Building 34,457.02 Building SeiV-Building 34,457.02 Community SeiVices 34,457.02 Tourism & Cultural Dev 34,457.02 City Manager 34,457.02 Public Works Storm 34,457.02 Budget 34,457.02 Planning 34,457.02 CMB Condrey Condrey Maximum Recommended Adiusted bv Recommended Minimum Grade 3% (Adjusted bl£ 7%1 55,651.79 21 69,308.31 55,651.79 21 69,308.40 55,651.79 21 69,308.31 55,651.79 21 69,308.31 55,651.79 21 69,308.31 55,651.79 20 62,789.91 55,651.79 21 69,308.31 55,651.79 20 62,789.91 55,651.79 21 69,308.31 55,651.79 21 69,308.31 55,651.79 19 59,764.34 55,651.79 21 69,308.31 55,651.79 20 62,789.91 55,651.79 22 76,503.41 55,651.79 20 62,789.91 55,651.79 23 84,445.45 55,651.79 21 69,308.31 55,651.79 22 76,503.41 55,651.79 24 97,930.83 55,651.79 21 69,308.31 55,651.79 21 69,308.31 55,651.79 23 84,445.45 Unclassified Condrey plus 7 percentC:\Users\HUMAGomC\AppData\locai\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SWIKC5V7\Unclassified Condrey plus 7 percent Condrey Recommended Maximum {Adjusted bll 7%1 105,460.79 105,460.79 105,460.79 105,460.79 105,460.79 95,542.28 105,460.79 95,542.28 105,460.79 105,460.79 90,938.51 105,460.79 95,542.28 116,408.98 95,542.28 128,493.73 105,460.79 116,408 98 161,585.87 105,460.79 105,460.79 128,493.73 REVISED 9/4/2013;5 en 0 w CMBGrade o017 o017 0018 o018 o018 o018 o018 o018 o018 o018 o018 o018 o018 0018 0018 o019 o019 o019 o019 o019 o019 o019 Class Title PRESE & DESIGN MGR Transportation Manager Application Systems Manager ASST DIRECTOR-PARKS ASST DIR-PARKING ASST DIR-PLANNING Building Operations Manager Chief Accountant EXP/TREASURY MGR FINANCE MANAGER 011-0366 Redevelopment Coordinator Revenue Manager SR CAP PROJ COORD Systems Support Manager Technical Services Manager Assistant Director-Public Works Bass Museum Director Budget Officer Code Compliance Director FLEET MGMT DIV DIR INFRASTRUCTURE DIVDIR Internal Auditor UNCLASSIFIED CLASSIFICATIONS CONDREY RECOMMENDED RANGES UPDATED AUGUST 2013 CMB Minimum Department Adjusted bll 3% Planning 34,457.02 PW -Transportation/CO 34,457.02 IT Applications 34,457.02 Parks Maintenance 34,457.02 Parking Off Street 34,457.02 Planning 34,457.02 Building Serv-Building 34,457.02 Finance/ Admin 34,457.02 Finance/ Treasury Management 34,457.02 Finance/ Treasury Management 34,457.02 Real Estate, Housing & Comm Dev 34,457.02 Finance/ Revenue 34,457.02 CIP 34,457.02 IT Support 34,457.02 IT Communications 34,457.02 Public Works Admin 34,457.02 Tourism & Cultural Dev 34,457.02 Budget 34,457.02 Code Compliance 34,457.02 Fleet Managment Div 34,457.02 Public Works Admin 34,457.02 Internal Audit 34,457.02 CMB Condrev Condrey: Maximum Recommended Recommended Adiusted bv Minimum Grade 3% (Adjusted bl£ 7°{q} 55,651.79 23 84,445.45 55,651.79 21 69,308.31 55,651.79 23 84,445.45 55,651.79 24 97,930.83 55,651.79 24 97,930.83 55,651.79 24 97,930.83 55,651.79 23 84,445.45 55,651.79 23 84,445.45 55,651.79 23 84,445.45 55,651.79 23 84,445.45 55,651.79 21 69,308.31 55,651.79 23 84,445.45 55,651.79 23 84,445.45 55,651.79 23 84,445.45 55,651.79 23 84,445.45 55,651.79 24 97,930.83 55,651.79 24 97,930.83 55,651.79 24 97,930.83 55,651.79 25 102,888 58 55,651.79 24 97,930.83 55,651.79 24 97,930.83 55,651.79 24 97,930.83 ------Unclassified Condrey plus 7 percentC:\Users\HUMAGomC\AppData\Locai\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SWIKC5V7\Unclassified Condrey plus 7 percent Condrel£ Recommended Maximum (Adjusted bl£ 7°~} 128,493.73 105,460.79 128,493.73 161,585.87 161,585.87 161,585.87 i 128,493.73 128,493.73 128,493.73 128,493.73 105,460.79 128,493.73 128,493.73 I 128,493.73 128,493.73 161,585.87 161 ,585.87 ' 161,585.87 169,766.16 161,585.87 161,585.87 161 ,585.87 I REVISED 9/4/2013;6 en 0 ~ CMB Grade 0019 0019 o019 o019 o020 o020 o020 o020 o020 o020 o020 0021 0021 o021 o021 o021 o021 0021 o021 o021 o022 o023 Class Title Police Captain PROP MGMT DIV DIR RE, HSG, COMM DEV DIR Sanitation Director ASST DIR • BLDG ASST DIR • FINANCE C A & TOURISM DEV DIR Fire Division Chief FIRE MARSHALL INFO TECH DIV DIR POLICE DIV MAJOR Assistant Fire Chief ASST CHIEF OF POLICE Budget and Performance Improvement Director Building Director CIP DIRECTOR City Clerk Human Resources Director Parking Director Parks and Recreation Director Public Works Director Fire Chief UNCLASSIFIED CLASSIFICATIONS CONDREY RECOMMENDED RANGES UPDATED AUGUST 2013 CMB Minimum Department Adjusted b~ 3% Police Support Serv. 34,457.02 Pw-Property Mgmt 34,457.02 Real Estate, Housing & Comm Dev 34,457.02 Sanitation 34,457.02 Building Serv-Building 34,457.02 Finance/ Admin 34,457.02 Tourism & Cultural Dev 34,457.02 Fire Suppression 34,457.02 Fire PRevention 34,457.02 IT Communications 34,457.02 Police Support Serv. 34,457.02 Fire Suppression 34,457.02 Police Chief Office 34,457.02 City Manager 34,457.02 Building Serv-Building 34,457.02 CIP 34,457.02 City Clerk 34,457.02 Human Resources 34,457.02 Parking Admin 34,457.02 Parks Administration 34,457.02 Public Works Admin 34,457.02 Fire Suppression 34,457.02 CMB Condrey Condre~ Maximum Recommended Recommended Adiusted bv Minimum Grade 3% (Adjusted b)£ 7%1 55,651.79 24 97,930.83 55,651.79 24 97,930.83 55,651.79 25 102,888.58 55,651.79 24 97,930.83 55,651.79 24 97,930.83 55,651.79 24 97,930.83 55,651.79 27/28 125,359.74 55,651.79 25 102,888.58 55,651.79 25 102,888.58 55,651.79 25 102,888.58 55,651.79 25 102,888.58 55,651.79 26 108,097.32 55,651.79 26 108,097.32 55,651.79 27/28 125,359.74 55,651.79 27/28 125,359.74 55,651.79 27/28 125,359.74 55,651.79 27/28 125,359.74 55,651.79 27/28 125,359.74 55,651.79 27/28 125,359.74 55,651.79 27/28 125,359.74 55,651.79 27/28 125,359.74 55,651.79 27/28 125,359.74 Unclassified Condrey plus 7 percentC:\Users\HUMAGomC\AppOata\Locai\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SWIKCSV7\Unclassified Condrey plus 7 percent Condre~ Recommended Maximum (Adjusted b~ 7%) , 161,585.87 161,585.87 169,766.16 161,585.87 161,585.87 161,585.87 217,315.03 169,766.16 169,766.16 169,766.16 169,766.16 178,360.57 178,360.57 217,315.03 217,315.03 217,315.03 217,315.03 217,315.03 217,315.03 217,315.03 217,315.03 217,315.03 REVISED 9/4/2013;7 ORDINANCE TO BE SUBMITTED 605 THIS PAGE INTENTIONALLY LEFT BLANK 606 -------------------------------- COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Ordinance No. 789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, As Follows: Providing For The Classifications In Group Vi, Not Represented By A Collective Bargaining Unit And Commonly Referred To As "Others"; Amending All OfThe Pay Grades By Abolishing Pay Grade 1 And Pay Grade 2; Eliminating The Annualized Salary For Each Pay Grade And Providing For The Biweekly Pay For Each Pay Grade; Establishing The Classifications Of Fire Inspector I And Seasonal Recreation Aide; And Effective The First Full Pay Period Ending In October 2014, Increasing The Minimum And The Maximum Of Each Pay Grade, By Three Percent (3%); And Granting An Across The Board Cost Of Living Adjustment Of Up To Three Percent (3%) For Any Others Employee Whose Base Salary Does Not Exceed The Maximum Of The Pay Range For The Comparable Job Title As Recommended By The 2009 Condrey Classification And Compensation Study "Pay Scale B" And Subsequently Amended By Seven Percent 7% In August 2013 By The Consultant; Repealing All Ordinances In Conflict; Providin For Severabili , An Effective Date And Codification. Ke Intended Outcome Supported: Attract and maintain a Workforce of Excellence. Supporting Data {Surveys, Environmental Scan, etc In the past six years, there have only been two COLAs, with the last COLA not having increased the minimum and the maximum of the pay ran es for the "Others" salary group. Item Summary/Recommendation: First Reading The City reached individual tentative three {3) year labor agreements covering the time period of October 1, 2012, through September 30, 2015 with each, the CWA, FOP and IAFF. Included in the individual agreements, the City agreed to provide a three percent COLA for all bargaining unit employees effective the first pay period ending in October 2014, adjusting the minimum and maximum of each pay range accordingly. Keeping with spirit of treating all City of Miami Beach employees similarly, the Administration is recommending effective with the first full pay period in October 2014, increasing the minimum and maximum of the salary ranges for all pay grades in the "Others" salary group and granting an across the board cost of living adjustment of up to three percent for any employee in the "Others" salary group whose base salary does not exceed the maximum of the pay range for the comparable job title as recommended in the 2009 Condrey Classification and Compensation Study "Pay Scale B", and subsequently amended by seven percent in August 2013, by the consultant. In addition, two new positions in the "Others" salary group have been created since the last update to the Classified Employees Salary Ordinance for "Others" in April 2012 and the inclusion of these positions are being reflected in the ro osed amendment to the ordinance. Advisory Board Recommendation: I N/A Financial Information; Source of Amount Funds: 1 FY2012/2013 $0 Cost of three percent salary COLA for qualifying "Others" employees D 2 FY2013/2014 $0 3 FY2014/2015 $30,000 OBPI Total $30,000 Cit Clerk's Office Le islative Trackin : Sylvia Crespo-Tabak, Human Resources Director Department Director Assistant City Manager City Manager lD MIAMI BEACH ,., . 607 AGENDA ITEM ____,_,R:;_;;S:;...._L_ DATE fl-//-/3 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members Zf ~ity Commission City Manager Jimmy L. Morales p / P-- September 11,2013 First Reading AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: PROVIDING FOR THE CLASSIFICATIONS IN GROUP VI, NOT REPRESENTED BY A COLLECTIVE BARGAINING UNIT AND COMMONLY REFERRED TO AS "OTHERS"; AMENDING ALL OF THE PAY GRADES BY ABOLISHING PAY GRADE 1 AND PAY GRADE 2; ELIMINATING THE ANNUALIZED SALARY FOR EACH PAY GRADE AND PROVIDING FOR THE BIWEEKLY PAY FOR EACH PAY GRADE; ESTABLISHING THE CLASSIFICATIONS OF FIRE INSPECTOR I AND SEASONAL RECREATION AIDE; AND EFFECTIVE THE FIRST FULL PAY PERIOD ENDING IN OCTOBER 2014, INCREASING THE MINIMUM AND THE MAXIMUM OF EACH PAY GRADE, BY THREE PERCENT (3%); AND GRANTING AN ACROSS THE BOARD COST OF LIVING ADJUSTMENT OF UP TO THREE PERCENT (3%) FOR ANY OTHERS EMPLOYEE WHOSE BASE SALARY DOES NOT EXCEED THE MAXIMUM OF THE PAY RANGE FOR THE COMPARABLE JOB TITLE AS RECOMMENDED BY THE 2009 CONDREY CLASSIFICATION AND COMPENSATION STUDY "PAY SCALE B" AND SUBSEQUENTLY AMENDED BY SEVEN PERCENT 7% IN AUGUST 2013 BY THE CONSULTANT; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION. RECOMMENDATION The Administration recommends the City Commission approve the ordinance and set a second reading public hearing for September 30, 2013. BACKGROUND The City of Miami Beach has the following five {5) classified employee groups that are represented by bargaining units: • Group I -Represented by the American Federation of State, County and Municipal Employees (AFSCME) Local1554; • Group II -Represented by the Fraternal Order of Police (FOP) William Nichols Lodge No.8; 608 City Commission Memorandum September 11, 2013 Others Classified Salary Ordinance 181 Reading Page 2 of4 • Group Ill -Represented by the International Association of Firefighters (IAFF) Local 1510; • Group IV -Represented by the Communications Workers of America (CWA) Local 3178;and • Group V -Represented by the Government Supervisors Association of Florida (GSAF), OPEIU, Local100. In addition, the City has one classified employee group, Group VI, comprising all other classifications in the classified service not covered by a bargaining unit. This group is commonly referred to in the City of Miami Beach as "Others". Further, there is a seventh salary group comprised of at-will employees commonly referred to as Unclassified employees. RECOMMENDATION The Administration recommends that the City Commission approve the Ordinance on first reading and set a second reading and public hearing for September 30, 2013. BACKGROUND The City of Miami Beach currently has 23 employees whose classifications are in the "Others" salary group. The City has reached agreements amending the prior three-year labor agreements with three of the five bargaining units in the City. They include the Communications Workers of America, (CWA), Local 3178; the International Association of Fire Fighters, (IAFF), Local 151 0; and the Fraternal Order of Police, (FOP), William Nichols Lodge No. 8. The successor three-year agreements for CWA and IAFF were approved by the corresponding bargaining unit members and ratified by the City Commission. In addition, the Administration is presenting an item to the City Commission on September 11, 2013, amending the FOP collective bargaining agreement that was ratified on July 19, 2013. On July 18, 2013, the City and the Government Supervisors Association of Florida, OPEIU, Local100 (GSAF), had reached a tentative three-year labor agreement. GSAF held a ratification vote amongst their membership on August 1, 2013; however, the results reflected that the majority of the membership voted against the proposed labor agreement. Therefore, on August 15, 2013, GSAF was advised in writing that the City would seek to declare an impasse. At the time of this writing, the City and the American Federation of State, County and Municipal Employees, (AFSCME), Local 1554 continue to negotiate for a successor collective bargaining agreement that expired on April 30, 2013. An across the board cost of living adjustment (COLA) of three percent was negotiated with CWA, GSAF, FOP and IAFF (GSAF membership did not ratify the proposed agreement) effective with the first full pay period in October 2014. Correspondingly, the minimum and maximum of each pay range for each Classified position represented by CWA, FOP and IAFF will increase effective the first full pay period ending in October 2014. Since October 2009, there have been no merit increases for any Unclassified or "Others" employees and one three percent COLA in April 2012, for only those Unclassified employees whose salary was below the maximum of the pay range for their classification (Note: the minimum and maximum of the pay ranges were increased for all 609 -------------------------------------- City Commission Memorandum September 11, 2013 Others Classified Salary Ordinance 1st Reading Page 3 of4 salary groups except for the Unclassified and the unrepresented Classified employees ("Others") in April 2012). Furthermore, since FY2007/2008 the management team (senior level and executive employees) has only received one (1) merit adjustment. In addition, employees in the Unclassified salary group and the "Others" salary group who participate in the Miami Beach Employees' Retirement Plan (MBERP) began contributing an additional two percent (2%) of their pensionable salary towards their pension effective January 18, 2010, thus reducing the City's portion of the Annual Required Contribution (ARC). In 2008, the Administration entered into a consultant contract with Condrey and Associates to perform a citywide job classification and compensation study in order to update the City's current classification system and establish an appropriate, adequate and fair classification and compensation system for all employees. The purpose of a job classification and compensation study was to examine an organization's current job classification schedule, and appropriately update all job classifications to ensure internal equity and external competitiveness. Condrey & Associates, in conjunction with a professor/researcher from the University of Miami, also conducted a best practices/benefits survey to seek data about what other jurisdictions are doing to control personnel/benefits related costs. Condrey & Associates presented their preliminary findings to the City Administration in early October 2008, just days after the continued challenges and in particular the major downturn experienced by the stock market in late September 2008. Given the grim economic news and forecast, the announcement of many local and national organizations laying workers off, and of others freezing or even reducing salaries and/or benefits, the Administration asked Condrey & Associates to conduct further analysis in order to make a more accurate, timely, and fair recommendation to the City based on the quickly evolving economic, financial and labor issues taking place around the world. In August 2009, the City received the final Condrey and Associates Classification and Compensation Study for the City of Miami Beach. The report included an analysis of the salary and benefits data, along with the jurisdictions that responded to the salary survey and the benefits survey. In August 2013, the consultant provided the City with a letter (Attachment 1 ), advising that the minimum and the maximum salary scales recommended in the study, should be adjusted by seven percent (7%}. It has been the City's past practice to provide COLA adjustments to the "Others" employees and Unclassified employees consistent with those negotiated for the Classified employees covered by collective bargaining agreements. Therefore, the Administration recommends effective with the first full pay period ending in October 2014, increasing the minimum and maximum of the "Others" pay grades by three percent and implementing up to a three percent COLA for employees in the "Others" salary group whose salary does not exceed the maximum of the pay range for the comparable job title recommended in the 2009 Condrey Classification and Compensation Study and subsequently adjusted by seven percent in August 2013 by the consultant. In addition, no employee in the "Others" salary group who separated employment from the City prior to the date of implementation of the proposed COLA, will be eligible for this COLA increase. 610 City Commission Memorandum September 11, 2013 Others Classified Salary Ordinance 1st Reading Page 4 of 4 If approved, the proposed COLA represents only a six percent (6%} adjustment to the "Others" salary ranges in over six years. The City estimates an impact of approximately $30,000 to the City's FY2014/2015 operating budget attributed to the "Others" employees who will be eligible to receive up to a three percent COLA effective with the first full pay period in October 2014. This estimate is based on current data and does not take into account future turnover rates. The anticipated impacts of the 2009 Condrey Classification and Compensation recommendations and subsequently amended by seven percent (7%) in August 2013 by the consultant is provided in Attachment 2. RECOMMENDATION The Administration recommends approving the COLA of up to three percent (3%), effective the first full pay period ending October 2014 for all "Others" employees whose salary does not exceed the maximum of the pay range as recommended in the 2009 Condrey Classification and Compensation Study and subsequently adjusted by seven percent in August 2013 by the consultant. This adjustment will provide additional incentives and competitiveness to attract and retain new and existing employees. In addition, two new positions in the "Others" salary group have been created since the last update to the Classified Employees Salary Ordinance for "Others" in April 2012 and the inclusion of these positions are being reflected in the proposed amendment to the ordinance. The Administration also recommends amending the minimum and the maximum salary ranges by eliminating the annualized salaries and replacing them with the biweekly amounts to reflect a consistent representation of how employees are currently compensated. The attached ordinance will provide conformity for any such actions that have already taken place. The Administration recommends the City Commission approve the ordinance of first reading and set the second reading public hearing for September 30, 2013. JLM/KGB/SC-T/CMG T:\AGENDA\2013\September 11\0thers Salary Ordinance Memo 1st Reading.docx 611 ATTACHMENT 1 CONDREY & ASSOCIATES, INC. Ms. Carla Maglio Gomez Assistant Director Department of Human Resources City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Dear Ms. Gomez: A Human Resources Consulting Company August 21,2013 As we discussed, I am happy to provide information concerning updating the salary scales presented in our August 2009 report. In order to bring these scales to current compensation levels, we recommend that they be increased by 7%. This 7% adjustment is based on the approximate cumulative increase in the Employment Cost Index since 2009. I hope this information is helpful to you. Please do not hesitate to contact me if I may provide further information. 706.548.8938 •... , ' ·.· i!Ui 0586.816.4067 !·'U Sincerely, Stephen E. Condrey, Ph.D. President ; 11' • Athens, GA 30604-7907 WVV\111. condrey-consulting. com 612 en ~ w CMB Grade o610 o611 o611 o610 o610 o610 o611 o611 o610 o614 0614 0614 o610 o614 o614 o614 o614 ATTACHMENT 2 OTHERS CLASSIFICATIONS CONDREY RECOMMENDED RANGES UPDATED AUGUST 2013 CMB CMB Condrey: Condrey: Recommend Minimum Maximum Class Title Department Recommen ed Minimum Adjusted b~ Adiusted bv ded Grade I (Adiusted bv 3% 3% 7%) HUMAN RES TECH II 011-0370 Human Resources 44,208.58 $ 71,399.50 14 46,687.80 FIRE INSPECTOR I 011-1230 Fire Prevention 48,037.08 $ 77,584.87 12 42,296.85 FIRE INSPECTOR I 011-1230 Fire Prevention 48,037.08 $ 77,584.87 12 42,296.85 HUMAN RES TECH II 011-0370 Risk-Benefits 44,208.58 $ 71,399.50 14 46,687.80 HUMAN RES TECH II 011-0370 Human Resources 44,208.58 $ 71,399.50 14 46,687.80 HUMAN RES TECH II 540-1790 Human Resources 44,208.58 $ 71,399.50 14 46,687.80 FIRE INSPECTOR I 011-1230 Fire Prevention 48,037.08 $ 77,584.87 14 46,687.80 FIRE INSPECTOR I 011-1230 Fire Prevention 48,037.08 $ 77,584.87 14 46,687.80 HUMAN RES TECH II 011-0370 Human Resources 44,208.58 $ 71,399.50 16 51,534.60 SR ELECTRICAL INSP 011-1510 Building Serv-Building 61,631.96 $ 99,540.19 14 46,687.80 SR ELEVATOR INSP 011-1510 Building Serv-Building 61,631.96 $ 99,540.19 18 56,884.56 SR MECHANICAL INSP 011-1510 Building Serv-Building 61,631.96 $ 99,540.19 16 51,534.60 HUMAN RES TECH II 540-1791 Risk -Benefits 44,208.58 $ 71,399.50 14 46,687.80 SR ELECTRICAL INSP 011-1510 Building Serv-Building 61,631.96 $ 99,540.19 15 49,051.38 SR ELEVATOR INSP 011-1510 Building Serv-Building 61,631.96 $ 99,540.19 16 51,534.60 SR PLUMBING INSP 011-1510 Building Serv-Building 61,631.96 $ 99,540.19 14 46,687.80 SR MECHANICAL INSP 011-1510 Building Serv-Building 61,631.96 $ 99,540.19 16 51,534.60 Condrey: Recommended Maximum {Adjusted b~ 7%} $ 71,041.02 $ 64,359.65 $ 64,359.65 $ 71,041.02 $ 71,041.02 $ 71,041.02 $ 71,041.02 $ 71,041.02 $ 78,416.00 $ 71,041.02 $ 86,556.58 $ 78,416.00 $ 71,041.02 $ 74,637.48 $ 78,416.00 $ 71,041.02 $ 78,416.00 ORDINANCE TO BE SUBMITTED 614 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance Of the City of Miami Beach Effective the First Pay Period In October 2014, Providing For A Three Percent Cost Of Living Adjustment (COLA) For All Classifications Covered By The Fraternal Order of Police (FOP) and the International Association of Fire Fighters (IAFF) And Adjusting The Minimum And Maximum Of Each Pay Range Accordingly and Effective April 1, 2015, Adding An Additional Pay Step (Step I) to the Classifications of Police Officer, Sergeant, Lieutenant and Firefighter I. Key Intended Outcome Supported: Attract and maintain a Workforce of Excellence. Supporting Data (Surveys, Environmental Scan, etc In the past six years, there have only been two COLAs extending the minimum and maximum of the salary ranges. Item Summary/Recommendation: First Reading The City reached individual tentative three (3) year labor agreements covering the time period of October 1, 2012, through September 30, 2015 with each, the CWA, FOP and IAFF. The labor agreements between the City and the CWA and the City and the IAFF have been ratified by the City Commission and the respective bargaining units. The Administration is presenting an item at the September 11, 2013 City Commission meeting recommending for the City Commission to adopt a resolution amending the three-year labor agreement covering the period of October 1, 2012 through September 30, 2015 between the City and the FOP that was ratified on July 19, 2013. Included in the individual agreements, the City agreed to provide an across the board cost of living adjustment (COLA) of three percent for all bargaining unit employees effective the first pay period ending in October 2014, and correspondingly adjusting the minimum and maximum of each pay range accordingly. In addition, the City has agreed with the FOP that effective April 1, 2015, adding an additional pay step to the maximum of the pay ranges for the classifications of Police Officer, Sergeant of Police and Lieutenant of Police. In lieu of the additional pay step, the FOP has agreed to a number of concessions to help offset the cost. The City and the IAFF agreed that effective April 1, 2015, adding an additional pay step to the maximum of the pay range for the Firefighter I classification. The IAFF has agreed to reduce holiday pay from 9 to 6 hours for all 24-hour shift personnel to help offset the cost of the additional pay step. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: 1 FY2012/2013 $0 2 FY2013/2014 $0 FY2014/2015 Cost of three percent salary COLA for FOP =$811 ,000 and IAFF = $588,000 $1,429,750 and implementation of an additional Step I to the classifications of Police Officer, Sergeant and Lieutenant = $1,013,000 annualized impact (Year 1 impact $490,000}, offset by annualized concessions agreed to by the FOP of 3 ($1,003,162) (Year 1 Savings= ($488,000) and implementation of an additional Step I to the Firefighter I classification = $319,500 annualized impact, (year 1 impact $91 ,000), offset by a reduction of holiday pay for 24- hour shift personnel from 9 to 6 hours representing an annualized savings of ($207,500) (Year 1 savings of ($62,250). OBPI Total $1,429,750 Assistant City Manager City Manager MIAMI BEACH 615 AGENDA 1 TEM ----"::R:'-s--7-;--f.l/-:-;-_ DATE 'f-//-13 I m MIAMI BEACH City of Miomi Beoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gav COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM' Jimmy L. Morales, City Manager ,-%A I fr-- DATE: September 11, 2013 First Reading SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING AGREEMENTS, PROVIDING FOR THE CLASSIFICATIONS IN GROUP II, REPRESENTED BY THE FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8., AND FOR THE CLASSIFICATIONS IN GROUP Ill, REPRESENTED BY THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, (IAFF), LOCAL 1510;, EFFECTIVE 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%); EFFECTIVE APRIL 1, 2015, ADDING AN ADDITIONAL STEP (I) TO THE CLASSIFICATIONS OF POLICE OFFICER, SERGEANT OF POLICE, LIEUTENANT OF POLICE AND FIREFIGHTER I, REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION. RECOMMENDATION The Administration recommends the City Commission approve the ordinance and set a second reading public hearing for September 30, 2013. BACKGROUND The City of Miami Beach has the following five (5) classified employee groups that are represented by bargaining units: • Group I -Represented by the American Federation of State, County and Municipal Employees (AFSCME) Local 1554; • Group II -Represented by the Fraternal Order of Police (FOP) William Nichols Lodge No.8; • Group Ill -Represented by the International Association of Firefighters (IAFF) Local 1510; • Group IV -Represented by the Communications Workers of America (CWA) Local 3178; and • Group V -Represented by the Government Supervisors Association of Florida (GSAF), OPEIU, Local 100. 616 City Commission Memorandum September 11, 2013 FOP and IAFF Classified Salary Ordinance 1'1 Reading Page 2 of 4 In addition, the City has one classified employee group, Group VI, comprising all other classifications in the classified service not covered by a bargaining unit. This group is commonly referred to in the City of Miami Beach as "Others". There is a seventh salary group comprised of at-will employees commonly referred to as Unclassified. ANALYSIS On July 19, 2013, the City Commission ratified a three-year labor agreement with each, the IAFF and the FOP, covering the period of October 1, 2012 through September 30, 2015. In addition, the Administration will be presenting a separate item before the City Commission during the September 11, 2013 City Commission meeting, requesting approval of a resolution to amend the ratified three-year labor agreement between the City and the FOP for the period of October 1, 2012 through September 30, 2015. Included in both of the IAFF and FOP collective bargaining agreements are two provisions that require amendments to the Classified Salary Ordinance (Ordinance No. 789). The first amendment calls for the implementation of a three percent across the board cost of living adjustment (COLA), effective the first full pay period ending October of 2014, for all bargaining unit employees covered by FOP and IAFF, and providing for an increase to the minimum and maximum of each pay range correspondingly by three percent. The three percent (3%) COLA, effective with the first full pay period in October 2014, for members covered by FOP represents an impact of approximately $811,000, members covered by IAFF represents an impact of approximately $558,000, for a total estimated impact of $1,369,000 to the City's FY 2014/15 operating budget. The estimated figures do not take into consideration current turnover rates or vacant positions; however, the Administration anticipates the impact of such to be minimal. Any of the aforementioned classified employees who separate from employment with the City prior to the date of implementation of the COLA, effective the first full pay period ending in October of 2014, will not be eligible to receive the COLA increase. Pursuant to the terms of the collective bargaining agreements with the FOP and the IAFF, the City has also agreed, effective April 1, 2015, there shall be one additional pay step {Step 1), added to the classifications of Police Officer, Sergeant of Police, Lieutenant of Police and Firefighter I. The newly created pay step (Step 1), effective April 1, 2015, will increase the maximum of the aforementioned classifications by five percent (5%). The minimum pay range shall remain as is and there shall be no immediate pay increase for any employees. For employees whose classification is covered by the FOP whose salary is at the maximum of the pay range (Step H) as of April 1, 2014, will move into the new step (Step I) on April 1, 2015, with their anniversary date reflecting April 1, for the sole purpose of their annual performance review. Thereafter, any employee in the aforementioned classifications covered by the FOP whose salary is at the maximum step of the range, (Step H), shall be eligible to proceed to Step I upon reaching his or her next anniversary date. 617 City Commission Memorandum September 11, 2013 FOP and IAFF Classified Salary Ordinance 1., Reading Page 3 of 4 The estimated impact for impacted employees covered by the FOP in FY 2014/15 is $489,882 and the annualized impact for FY 2015/16 is $1,003,162. The implementation of the additional steps was subject to the FOP agreeing to concessions that would result in an approximate equivalent, recurring savings in order to offset the estimated annualized impact $1,003,162. The concessions agreed to by the FOP to offset the additional pay step added to the maximum of the ranges for the classifications of Police Officer, Sergeant of Police and Lieutenant of Police include: • Elimination of State Commission for Florida Law Enforcement (SCFLE) accreditation pay effective October 1, 2014 for all members. The estimate savings is ($95,680) in FY 2014/15 and each year thereafter unless the benefit is renegotiated. • Reduction of Quality of Life Incentive Pay from $67.00 biweekly to $26.00 biweekly effective October 1, 2014. The estimated annualized savings is ($392,288), in FY 2014/15 and each year thereafter unless the benefit is renegotiated. • Reduction of Commission on Accreditation of Law Enforcement Agencies (CALEA) pay from $40.00 to $20.00 effective September 30, 2015. The estimated annualized savings is ($191,360) and will be realized in FY 2015/16 and each year thereafter unless the benefit is renegotiated. • Reduction of Shift Differential Pay by $.25 per hour (Midnight Shift reduced from $1.00 per hour to $. 75 per hour and Afternoon Shift reduced from $. 75 per hour to $.50 per hour effective September 30, 2015. The estimated annualized savings is ($112,994) and will be realized in FY 2015/16 and each year thereafter unless the benefit is renegotiated. • Court Time Compensation during an employee's off duty hours reduced from a four(4) hours minimum to three and one half (3.5) hours minimum effective September 30, 2015. The estimated annualized savings is ($210,840) and will be realized in FY 2015/16 and each year thereafter unless the benefit is renegotiated. * It is important to note that the above referenced concessions will remain as status quo upon the expiration of the FOP collective bargaining agreement on September 30, 2015. Therefore, the City will continue to recognize recurring savings based on these concessions unless the City and FOP collectively bargain changes to these concessions in a successor agreement. Effective April 1, 2015, any Firefighter I whose salary is at the maximum step of the pay range, (Step H), shall be eligible to proceed to Step I upon reaching his or her anniversary date following the effective date of this provision. The estimated impact for the IAFF in FY 2014/15 is $91,000. The annualized impact for FY 2015/16 is approximately $319,505. The implementation of the additional step was subject to the IAFF agreeing to recurring concessions that would help to offset the impact of the additional step. To help offset the increase in the Firefighter I classification salary range, effective April 1, 2015, holiday pay for all 24-hour personnel shall be reduced from nine to six hours. The estimated impact for FY 2014/15 will yield a savings of approximately ($62,242), with an estimated annualized savings of ($207,500). 618 City Commission Memorandum September 11, 2013 FOP and IAFF Classified Salary Ordinance 151 Reading Page 4 of 4 CONCLUSION Based upon the agreed upon terms between the City and the FOP and the City and the IAFF, the Administration recommends amending Ordinance No. 789, the Classified Employees Salary Ordinance of the City of Miami Beach, Florida, by approving a three percent COLA, effective the first pay period ending October 2014, and correspondingly increasing the minimum and maximum of each pay range for each classification covered by the FOP and IAFF by three percent In addition, the Administration recommends, effective April 1, 2015, adding an additional pay step (Step I), to the classifications of Police Officer, Sergeant of Police, Lieutenant of Police and Firefighter I. The Administration recommends approving the proposed ordinance amendments and setting a second reading, public hearing for the September 30, 2013, City Commission meeting. JLM/KGB/SC-T/CMG T:\AGENDA\2013\September 11\FOP IAFF Salary Ordinance Memo 1st Reading.docx 619 en N 0 CMB Grade o023 o024 o024 o407 o410 o412 o412 o416 o419 o421 o424 o426 --· Class Title Police Chief Assistant City Manager Chief Financial Officer Receptionist Paralegal Legal Secretary Legal Secretary OFF MGR (CITY ATIY) Sr. Assistant City Attorney First Assistant City Attorney Chief Deputy City Attorney City Attorney ---UNCLASSIFIED CLASSIFICATIONS CONDREY RECOMMENDED RANGES UPDATED AUGUST 2013 CMB Minimum Department Adjusted by 3% Police Chief Office 34,457.02 City Manager 34,457.02 Finance/ Admin 34,457.02 City Attorney 34,457.02 City Attorney 34,457.02 City Attorney 34,457.02 City Attorney 34,457.02 City Attorney 34,457.02 City Attorney 34,457.02 City Attorney 34,457.02 City Attorney 34,457.02 City Attorney 34,457.02 ----·----CMB Condrey Condrey Maximum Recommended Recommended Adiusted bv Minimum Grade 3% {Adjusted by 7%} 55,651.79 27/28 125,359.74 55,651.79 29 145,378.87 55,651.79 29 145,378.87 55,651.79 9 36,472.44 55,651.79 14 46,687.80 55,651.79 17 54,143.54 55,651.79 16 51,534.60 55,651.79 18 56,884.56 55,651.79 24 97,930.83 55,651.79 26 108,097.32 55,651.79 29 145,378.87 55,651.79 UNC 195,810.00 Unclassified Condrey plus 7 percentC:\Users\HUMAGomC\AppData\Locai\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SWIKCSV7\Unclassified Condrey plus 7 percent Condre'l Recommended Maximum (Adjusted by 7%} ···---217,315.03 239,875.14 239,875.14 55,497.13 71,041.02 82,385.81 78,416.00 86,556.58 161,585.87 178,360.57 239,875.14 281,410.00 REVISED 9/4/2013;8 ORDINANCE TO BE SUBMITTED 621 THIS PAGE INTENTIONALLY LEFT BLANK 622 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending the Code of Miami Beach, by amending Chapter 62, entitled "Human Relations," by amending Article II, entitled "Discrimination," by amending Division 3, entitled "Regulations," by adding Sec. 62-92 requiring the posting of notices in every place of employment, public accommodation, housing accommodation, and City facility that falls subject to the Human Rights Ordinance indicating the applicable substantive provisions of the Human Rights Ordinance, the place where complaints may be file&, and such other information as the City deems pertinent, and rovidin for enforcement rocedures. orted: Supporting Data (Surveys, Environmental Scan, Etc.): N/A Item Summa /Recommendation: The Miami Beach Human Rights Committee (MBHRC) has determined that many residents and visitors are unaware of the City's Human Rights Ordinance. The MBHRC passed two resolutions urging the City Commission to amend the Human Rights Ordinance to require that notice be posted in every place of employment, housing or housing accommodation, City Department or Facility, and public accommodation that falls subject to the Human Rights Ordinance in order to provide residents and visitors with vital information concerning their right to be free of discrimination because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital and familial status, or age. The proposed Ordinance requires the posting of notices in every place of employment, housing or housing accommodation, City Department or Facility, and public accommodation that falls subject to the Human Rights Ordinance, indicating the applicable substantive provisions of the Human Rights Ordinance, the place where complaints may be filed, and such other information as the City deems pertinent, and providing for enforcement procedures. One year after the effective date of the proposed Ordinance, penalties for its violation shall be assessed (except against the City) by Code Compliance Division officers or by the Administrator upon complaint or upon recommendation by a majority vote of the MBHRC as follows: for the first violation, a fine of $50.00; for the second violation, a fine of $100.00; for the third violation, a fine of $150.00; for the fourth and any subsequent violation, a fine of $200.00. Violations may be appealed before the Special Master. The Administration recommends, on behalf of the MBHRC, that this Ordinance be approved on first readin , and a second readin ublic hearin be scheduled for October 16, 2013. Board Recommendation: Mayor Bower and Commissioner G6ngora referred the MBHRC's resolutions to the LUDC for consideration. At the January 23, 2013 and July 22, 2013 LUDC meetings, the members present recommended by a vote of 2-0 that this Ordinance be forwarded to the full Commission for its consideration. Financial Information: Source of Funds: OBPI 1 Total Amount Account Approved The cost to the City would be the staff time required to design the notice. The enforcement of the proposed Ordinance would be done by existing Code Compliance Division staff. Clerk's Office Le islative Trackin Assistant City Manager T:\AGENDA\201 ber 11\NOTICE ORDIN MIAMI BEACH AOENDA ITI!M R'5"tJ DATE lf/f/3 623 (g MIAMI BEACH OFFICE OF THE CITY MANAGER COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M DATE: September 11, 2013 First Reading SUBJECT: AN ORDINANCE OF THE MA R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 62, ENTITLED "HUMAN RELATIONS," BY AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING DIVISION 3, ENTITLED "REGULATIONS," BY ADDING SEC. 62-92 TO REQUIRE THE POSTING OF NOTICES IN EVERY PLACE OF EMPLOYMENT, PUBliC ACCOMMODATION, HOUSING ACCOMMODATION, AND CITY FACILITY THAT FALLS SUBJECT TO THE HUMAN RIGHTS ORDINANCE INDICATING THE APPliCABLE SUBSTANTIVE PROVISIONS OF THE HUMAN RIGHTS ORDINANCE, THE PLACE WHERE COMPLAINTS MAY BE FILED, AND SUCH OTHER INFORMATION AS THE CITY OF MIAMI BEACH DEEMS PERTINENT; PROVIDING FOR ENFORCEMENT PROCEDURES AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: Approve the Ordinance on first reading, and set a second reading public hearing on October 16, 2013. BACKGROUND: On January 13, 2010, the Mayor and City Commission of the City of Miami Beach ("the City") adopted Ordinance 2010-3669, amending the City of Miami Beach Human Rights Ordinance. The Human Rights Ordinance established the Miami Beach Human Rights Committee (MBHRC), which has as one of its principal duties recommending to the City Manager and the City Commission legislation that would further the purpose of eliminating and preventing discrimination in every place of employment, housing or housing accommodation, public accommodation, and City facility because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital and familial status, or age. The MBHRC has determined that many residents and visitors to Miami Beach are unaware of the City's Human Rights Ordinance. On June 19, 2012, the MBHRC passed a resolution urging the Mayor and City Commission to amend the Human Rights Ordinance to incorporate notice requirements to be posted at all public accommodations and places of employment that are subject to the Human Rights Ordinance, in order to provide Miami Beach residents and visitors with vital information concerning their rights. On February 12, 2013, the Human Rights Committee passed a second resolution urging the Mayor and City Commission to further amend the Human Rights Ordinance to incorporate notice requirements to be posted at all places of housing and housing accommodations and City of Miami Beach Departments and Facilities that 1 624 are subject to the Human Rights Ordinance, in order to provide Miami Beach residents and visitors with vital information concerning their rights. The February 12, 2013 resolution further urged the Mayor and City Commission to amend the Human Rights Ordinance to provide for enforcement and penalties for violation of these notice requirements. Following Mayor Matti Herrera Bower and Commissioner Michael Gongora's referrals of the Human Rights Committee's resolutions to the Land Use & Development Committee (LUDC), the LUDC considered and discussed the matter on January 23, 2013 and July 22, 2013, and recommended by a vote of 2-0 that this Ordinance be forwarded to the full Commission for its consideration. During the LUDC meetings, Commissioner Libbin expressed support for the proposal, but did not want heavy penalties for not posting the notices. Commissioner Gongora expressed support for the proposaL SUMMARY OF PROPOSED ORDINANCE: The Proposed Ordinance requires: 1. Public Accommodations -Every person being the owner, lessee, sub-lessee, assignee, or managing agent of public accommodations subject to the Human Rights Ordinance to post and maintain at such public accommodations, in conspicuously and easily accessible well- lighted place where they may be readily observed by those seeking or visiting such public accommodations, notices furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinances relative to public accommodations, the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent. 2. Place of Employment-Every employer subject to the Human Rights Ordinance to post and maintain at its offices, places of employment or employment training centers, in a conspicuously and easily accessible and well-lighted place customarily frequented by employees and applicants for employment, notices furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to employment, the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent. 3. Housing or Housing Accommodation -Every person providing housing or housing accommodation services subject to the Human Rights Ordinance to post and maintain at such person's business or housing unit, in a conspicuously and easily accessible well- lighted place where they may be readily observed by those seeking or visiting such housing or housing accommodation services, notices furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to housing and housing accommodations, the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent. 4. City Department or Facility -Every Department or Facility of the City of Miami Beach where City employees provide services or access to post and maintain at such Department or Facility, in a conspicuously and easily accessible well-lighted place where they may be readily observed by those seeking or visiting such City Department or Facility, notices furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to public benefits and services, the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent. A copy of the proposed notice, which will be made available on the City's webpage, free of charge is attached hereto as Exhibit "A." 2 625 The proposed Ordinance imposes the following penalties: 1. One ( 1) year after the effective date of the Ordinance, penalties for its violation shall be assessed (except against the City of Miami Beach) by City of Miami Beach Code Compliance Division officers or by the Administrator upon complaint, or upon recommendation by a majority vote of the MBHRC as follows: (1) For the first violation, a fine of $50.00. (2) For the second violation, a fine of $100.00. (3) For the third violation, a fine of $150.00. (4) For the fourth and any subsequent violation, a fine of $200.00. Penalties shall be assessed by service of a notice of violation, served personally or by certified mail upon the property owner, business owner, or a manager present at the premises. Any person receiving a notice of violation may request, within fifteen (15) days of receiving the notice, an administrative hearing before the Special Master to appeal the decision of the City inspector or the Administrator resulting in the issuance of the notice. FISCAL IMPACT ANALYSIS: There is minimal anticipated fiscal impact associated with the proposed amendments to the Human Rights Ordinance. The cost to the City would be the staff time required to design the notice. The enforcement of the proposed Ordinance would be done by existing staff. The City will make available electronic copies of the required notice, which may be downloaded free of charge. CONCLUSION: The Administration recommends, on behalf of the MBHRC, that this Ordinance be approved on first reading, and a second reading public hearing be scheduled for October 16, 2013. JM/reg TIAGENDA\2013\September 11\NOTICE ORDINANCE MEMO FINAL.docx 3 626 EXHIBIT A Report Discrimination or Retaliation by calling 305.673.7425 ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 62, ENTITLED "HUMAN RELATIONS," BY AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING DIVISION 3, ENTITLED "REGULATIONS," BY ADDING SEC. 62-92 TO REQUIRE THE POSTING OF NOTICES IN EVERY PLACE OF EMPLOYMENT, PUBLIC ACCOMMODATION, HOUSING ACCOMMODATION, AND CITY FACILITY THAT FALLS SUBJECT TO THE HUMAN RIGHTS ORDINANCE INDICATING THE APPLICABLE SUBSTANTIVE PROVISIONS OF THE HUMAN RIGHTS ORDINANCE, THE PLACE WHERE COMPLAINTS MAY BE FILED, AND SUCH OTHER INFORMATION AS THE CITY OF MIAMI BEACH DEEMS PERTINENT; PROVIDING FOR ENFORCEMENT PROCEDURES; AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on January 13, 2010, the Mayor and City Commission of the City of Miami Beach adopted Ordinance 2010-3669, amending the City of Miami Beach Human Rights Ordinance; and WHEREAS, the Miami Beach Human Rights Ordinance established the City of Miami Beach Human Rights Committee, which has as one of its principle duties recommending to the City Manager and the City Commission legislation that would further the purpose of eliminating and preventing discrimination in employment and public accommodations because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital and familial status, or age; and WHEREAS, the Mayor and City Commission adopt the Miami Beach Human Rights Committee's finding, made at its June 19, 2012 and February 12, 2013 meeting, that many residents and visitors to Miami Beach are unaware of the City's Human Rights Ordinance; and WHEREAS, the Mayor and City Commission also adopt the Miami Beach Human Rights Committee's concurrent finding that amending the Miami Beach Human Rights Ordinance to require every person being the owner, lessee, sub-lessee, assignee, or managing agent of public accommodations subject to the Miami Beach Human Rights Ordinance to post and maintain at such public accommodations, in conspicuously and easily accessible well-lighted place where they may be readily observed by those seeking or visiting such public accommodations, notices• furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinances relative to public accommodations, the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent, to be an important tool to provide residents of and visitors to Miami Beach with vital information concerning their rights under the City's Human Rights Ordinance; and WHEREAS, the Mayor and City Commission also adopt the Miami Beach Human Rights Committee's concurrent finding that amending the Miami Beach Human Rights Ordinance to require every employer subject to the Miami Beach Human Rights Ordinance to post and maintain at its offices, places of employment or employment training centers, in a conspicuously and easily accessible and well-lighted place customarily frequented by employees and applicants for employment, notices furnished by the City of Miami Beach indicating the 628 substantive provisions of the Human Rights Ordinance relative to employment, the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent, to be an important tool to provide residents of and visitors to Miami Beach with vital information concerning their rights under the City's Human Rights Ordinance; and WHEREAS, the Mayor and City Commission also adopt the Miami Beach Human Rights Committee's concurrent finding that amending the Miami Beach Human Rights Ordinance to require every person providing housing or housing accommodation services subject to the Miami Beach Human Rights Ordinance to post and maintain at such person's business or housing unit, in a conspicuously and easily accessible well-lighted place where they may be readily observed by those seeking or visiting such housing or housing accommodation services, notices furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to housing and housing accommodations, the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent, to be an important tool to provide residents of and visitors to Miami Beach with vital information concerning their rights under the City's Human Rights Ordinance; and WHEREAS, the Mayor and City Commission also adopt the Miami Beach Human Rights Committee's concurrent finding that amending the Miami Beach Human Rights Ordinance to require every department or facility of the City of Miami Beach where City employees provide services or access shall post and maintain at such department or facility, in a conspicuously and easily accessible well-lighted place where they may be readily observed by those seeking or visiting such City department or facility, notices furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to public benefits and services, the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent, to be an important tool to provide residents of and visitors to Miami Beach with vital information concerning their rights under the City's Human Rights Ordinance; and WHEREAS, on June 19, 2012, the Human Rights Committee passed a resolution urging the Mayor and City Commission of the City of Miami Beach to amend the Human Rights Ordinance to incorporate notice requirements to be posted at all public accommodations and places of employment that are subject to the Miami Beach Human Rights Ordinance, in order to provide residents of and visitors to Miami Beach with vital information concerning their rights under the City's Human Rights Ordinance; and WHEREAS, on February 12, 2013, the Human Rights Committee passed a resolution urging the Mayor and City Commission of the City of Miami Beach to further amend the Human Rights Ordinance to incorporate notice requirements to be posted at all places of housing and housing accommodations and City of Miami Beach departments and facilities that are subject to the Miami Beach Human Rights Ordinance, in order to provide residents of and visitors to Miami Beach with vital information concerning their rights under the City's Human Rights Ordinance; and WHEREAS, on February 12, 2013, the Human Rights Committee passed a resolution urging the Mayor and City Commission of the City of Miami Beach to further amend the Human Rights Ordinance to provide for enforcement of these notice requirements and penalties for violation of these notice requirements; WHEREAS, Mayor Matti Herrera Bower and Commissioner Michael Gongora referred 629 the Human Rights Committee's resolution to the Land Use & Development Committee for consideration and discussion of the Human Rights Committee's resolution; and WHEREAS, at its January 23, 2013 and July 22, 2013 meetings, the Land Use & Development Committee considered and discussed the matter of amending the City's Human Rights Ordinance to require the posting of notices in every place of employment, housing or housing accommodation, City department or facility, and public accommodation that falls subject to the Human Rights Ordinance indicating the applicable substantive provisions of the Human Rights Ordinance, the place where complaints may be filed, and such other information as the City Of Miami Beach deems pertinent; and recommended that this Ordinance be forwarded to the Mayor and City Commission for its consideration. NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. That Section 62-92 of Chapter 62 of the City Code is hereby added and enacted as follows: Chapter 62 HUMAN RELATIONS * * * Article II. Discrimination * * * Division 3. Regulations Sec. 62-92. Posting. (a) Every person being the owner. lessee. sub-lessee. assignee. or managing agent of a public accommodation subject to the Miami Beach Human Rights Ordinance shall post and maintain at such public accommodation. in a conspicuously and easily accessible and well-lighted place where it may be readily observed by those seeking or visiting such public accommodation. a notice furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to public accommodations, the place where complaints may be filed. and such other information as the City of Miami Beach deems pertinent. (b) Every employer subject to the Miami Beach Human Rights Ordinance shall post and maintain at its offices. places of employment or employment training centers, in a conspicuously and easily accessible and well-lighted place customarily frequented by employees and applicants for employment. notices furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to employment. the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent. (c) Every person. owner. financial institution. real estate broker or anv representative of the above who interacts with prospective buyers, renters. or lessees of housing or housing 630 accommodations. or anv person associated therewith, shall post and maintain in a conspicuously and easily accessible and well-lighted place where it may be readily observed by those seeking or visiting the housing unit or business establishment a notice furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to housing and housing accommodations. the place where complaints may be filed. and such other information as the City of Miami Beach deems pertinent (d) Every department or facility of the City of Miami Beach where City employees provide services or access shall post and maintain at such department or facility. in a conspicuously and easily accessible and well-lighted place where it may be readily observed by those seeking or visiting such department or facility. a notice furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to public benefits and services. the place where complaints may be filed. and such other information as the City of Miami Beach deems pertinent. (e) Posting of the notices required in this section is deemed to be an important educational tool to provide residents of and visitors to Miami Beach with vital information concerning their rights under the City's Human Rights Ordinance. so the Administrator is authorized and directed to enforce its provisions. For a period of one year following the effective date of this section. violators of its requirements shall be issued a warning by City of Miami Beach Code Compliance officers or by the Administrator upon complaint, or upon recommendation by a majority vote of the Miami Beach Human Rights Committee. (f) One (1) year after the effective date of this section, penalties for violations of subsections 62-92(a) and 62-92(b) shall assessed (except against the City of Miami Beach) by City of Miami Beach Code Compliance officers or by the Administrator upon complaint. or upon recommendation by a majority vote of the Miami Beach Human Rights Committee as follows: (1) For the first violation. a fine of $50.00. (2) For the second violation, a fine of $100.00. (3) For the third violation. a fine of $150.00. (4) For the fourth and any subsequent violation, a fine of $200.00. (g) Penalties shall be assessed by service of a notice of violation. served personally or by certified mail upon the property owner. business owner. or upon a manager present at the premises. (h) Any person receiving a notice of violation pursuant to this section may request. within fifteen (15) days of receipt of the notice. an administrative hearing before a special master. appointed as provided in article II of chapter 30. to appeal the decision of the city inspector or the Administrator resulting in the issuance of the notice. The special master shall hold a hearing and shall hear testimony and evidence from the code inspector or the Administrator and the alleged violator. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply. but fundamental due process shall be observed and shall govern said proceedings. At the conclusion of the hearing. the special master shall issue findings of fact based on evidence and conclusions of law and 631 shall issue an order affording the proper relief consistent with the powers granted in Sec. 30-72. Failure to appeal within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right to an administrative hearing shall be treated as an admission of the violation. and fines and penalties may be assessed accordingly. (i) Timely filing of a notice of appeal pursuant to this section shall toll the imposition of collection procedures until thirty (30} days after the issuance of a written determination by the special master. Any costs or penalty amounts due the city pursuant to such determination must be received by the city within thirty (30) days after the issuance of the determination. or collection procedures may be commenced. as provided by this chapter or under state law. SECTION 2. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. Passed and adopted this __ day of ______ , 2013. This Ordinance shall take effect the _day of ______ , 201_. ATTEST: RAFAEL E. GRANADO, CITY CLERK Underline denotes additions. MAYOR MATTI HERRERA BOWER APPROVED AS TO fORM & lANGUAGE & FOR EXECUTiON T:\AGENDA\2013\September 11\NOTICE ORDINANCE ORDINANCE.docx 632 COMMISSION ITEM SUMMARY Condensed Title: Amending the Energy Economic Zone ("EcoZone") Ordinance to include Miami-Dade County's Green Business Certification as eli ibili criteria to receive the EcoZone Pro ram tax incentives. Ke Intended Outcome Su orted: Enhance the environmental sustainability of the community. Supporting Data {Surveys, Environmental Scan, etc.): According to the 2012 Customer Satisfaction Survey, half of the business owners (49%) thought Miami Beach was a better place to run a business than other cities; only 13% thought of Miami Beach as a worse place to run a business. Results in 2012 were very similar to 2009, yet better than results in 2005, when only 37% of business owners thought that Miami Beach was a better lace to run a business. Results were fairl similar across business zones. Item Summa /Recommendation: In 2009, the Florida Legislature created the Energy Economic Zone pilot program Chapter 2009-89, Laws of Florida (House Bill 5013, 2009) for the purpose of developing a model to help communities cultivate green economic development, encourage renewable electric energy generation, manufacture products that contribute to energy conservation and green jobs, and other activities related to energy efficiency and land use planning. The City of Miami Beach was selected as a pilot community. In 2011, the legislature passed, and the Governor signed additional legislation for the EEZ pilot programs regarding incentives (Chapter 2011-223, Laws of Florida (House Bi11879, 2011 ). Under that law, Miami Beach had to adopt an ordinance establishing an EEZ incentive program. The City's existing EcoZone ordinance which was passed and adopted on 3/26112 was intended to keep the program simple and minimize the resources needed for implementation and administration of the program; to keep administration of the program efficient; and to make the program friendly and not burdensome for the applicants. To this end, the determination of whether or not a business has met certain thresholds of energy efficiency and sustainability is determined by their participation in already established programs. Currently the following businesses are eligible for the incentives approved by the State of Florida: LEED certified projects; Green Lodging Establishments; or Businesses which achieve an ENERGY STAR Rating of 50 or higher. As part ofthe Sustainability Committee's ongoing review process of the EcoZone program during its 4/15/2013 and 5/21/13 meetings, the committee approved iincorporating Miami-Dade's Green Business Certification as additional eligibility criteria to receive incentives in the EcoZone program. This additional criterion was also approved by the Neighborhood/Community Affairs Committee at their 6/26/2013 meeting. This amendment (reviewed and approved by the legal department) has the potential to help facilitate not only the expansion ofthe pilot EcoZone program into the rest of Miami-Dade county, but also the initial processing of EcoZone applications by the County's Economic Resources Office, as the incentives are exactly the same as those currently being processed for the Enterprise Zone. THE ADMINISTRATION RECOMMENDS ADOPTING THE ORDINANCE ON FIRST READING. Financial Information: Source of Amount Funds: 1 [J 2 3 4 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin MIAMI BEACH hborhood/Communi Affairs Committee, 6/26/2013. t City Manager ary-2013.doc 633 Account JLM AGENDA ITEM R $""0 DATE tf-f/~/3 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov N MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L Morales, City Manager DATE: September 11, 2013 FIRST READING SUBJECT: AN ORDINANCE OF THE Cl OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/ COMMUNITY AFFAIRS COMMITTEE, TO AMEND CHAPTER 100 OF THE MIAMI BEACH CITY CODE, ARTICLE II ENTITLED, 11 ENERGY ECONOMIC DEVELOPMENT ZONE PILOT PROGRAM;" ELIGIBILITY CRITERIA, TO INCLUDE MIAMI DADE COUNTY'S GREEN BUSINESS CERTIFICATION AS AN ADDITIONAL CRITERIA TO PARTICIPATE IN THE ENERGY ECONOMIC DEVELOPMENT ZONE PILOT PROGRAM, AS FURTHER DETAILED IN THE ORDINANCE; PROVIDING FOR SEVERABILITY; CODIFICATION, REPEALER, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance on First Reading. BACKGROUND In 2009, the Florida Legislature created the Energy Economic Zone pilot program Chapter 2009-89, Laws of Florida (House Bill 5013, 2009) for the purpose of developing a model to help communities cultivate green economic development, encourage renewable electric energy generation, manufacture products that contribute to energy conservation and green jobs, and other activities related to energy efficiency and land use planning. The Florida Department of Community Affairs designated the City of Miami Beach and Sarasota County as the "Energy Economic Zone Pilot Program Communities." The City of Miami Beach was specifically designated as the "Urban Service Area: City Redevelopment Program" model. Intended to provide a model for the development of energy-efficient land use patterns, the program models include strategies to reduce greenhouse gas emissions, cultivate green economic development, encourage renewable electric energy generation, and promote product manufacturing that contribute to energy conservation and green jobs. Once designated, a community receives technical assistance from the Department of Economic Opportunity, Division of Strategic Business Development (formerly the Office of Tourism, Trade and Economic Development), the Office of Energy (formerly the Governor's Office of Energy and Climate Change) and the Florida Department of Transportation. The intended result is a series of program models that could serve as a model for Florida's communities. Through the application process, the City designated the entire municipality as the Energy Economic Zone. With a land area of seven square miles and a 2008 population estimate of 94,040 persons, this densely populated urban area averages about 13,400 people per square mile. As a compact metropolitan locale, the city lends itself to urban design served by a highly connected street and trail system designed for multiple modes of transportation. In addition, opportunities emerge to provide for more efficient use and reuse of infrastructure. 634 Commission Memorandum Energy Economic Zone Program (EcoZone) September 11, 2013 One of the main reasons that the City of Miami Beach was designated 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. In 2011, the legislature passed, and the Governor signed, additional legislation for the EEZ pilot programs regarding incentives (Chapter 2011-223, Laws of Florida (House Bill 879, 2011}. Under that law, Miami Beach must adopt an ordinance establishing an EEZ incentive program that provides, at a minimum, the following: o Boundaries of the Energy Economic Zone, with a provision allowing a change in boundaries by ordinance amendment; o Energy-efficiency standards; and o Eligibility criteria for appllcants seeking state and local incentives within the EEZ. House Bill 879 provides that a governing authority (Miami Beach) with jurisdiction over an Energy Economic Zone may provide no more than $300,000 in state incentives in any state fiscal year. If the $300,000 incentive cap is not fully used, the unused amount may be carried forward for no more than five (5} years. STATE TAX INCENTIVES The State of Florida incentives provided by the EcoZone ordinance became available on July 1, 2012, and include the following tax incentives: • Provides a refund for sales taxes paid on the purchase of certain building materials, up to $5,000 or 97 percent of the tax paid. For projects where at least 20 percent of the employees live in the enterprise zone, the refund is the lesser of $10,000 or 97 percent of the tax paid. • Provides a refund for sales taxes paid on the purchase of certain equipment, up to $5,000 or 97 percent of the tax paid. For projects where at least 20 percent of the employees live in the enterprise zone, the refund is the lesser of $10,000 or 97 percent of the tax paid • Provides a sales and use tax credit for up to 30 percent of wages paid to new employees who live within the enterprise zone. • Provides a refund for sales taxes paid on the purchase of certain business property, up to $5,000 or 97 percent of the tax paid per parcel of property, which is used exclusively in an enterprise zone for at least 3 years. • Provides 50 percent sales tax refund for donations made to local community development projects. • Provides 50 percent sales tax exemption to qualified businesses located within an enterprise zone on the purchase of electrical energy. Available state corporate income tax incentives for enterprise zones include: • Provides a corporate income tax credit for up to 30 percent of wages paid to new employees who live within the enterprise zone. • Provides a credit against Florida corporate income tax equal to 96 percent of ad valorem taxes paid on the new or improved property. • Provides a 50-percent credit on Florida corporate income tax or insurance premium tax, or a sales tax refund, for donations made to local community development projects 635 Commission Memorandum Energy Economic Zone Program (EcoZone) September 11, 2013 EcoZone ORDINANCE The City's existing EcoZone ordinance which was passed and adopted on 3/26/12 is intended to keep the program simple and minimize the resources needed for implementation and administration of the program; to keep administration of the program efficient; and to make the program friendly and not burdensome for the applicants. To this end, the determination of whether or not a business has met certain thresholds of energy efficiency and sustainability is determined by their participation in already established programs. Currently the following businesses are eligible for the incentives approved by the State of Florida: • LEED certified projects; • Green Lodging Establishments designated by the Florida Department of Environmental Protection; or • Businesses which achieve an ENERGY STAR Rating of 50 or higher in each of the buildings that are the subject of the Energy Economic Development Zone application and attach to the application a report from the ENERGY STAR Portfolio Manager program verifying the ENERGY STAR rating. The EcoZone ordinance provides for approval and revision of the Program Guidelines by Resolution, and further recommends that the Sustainability Committee review the Energy Economic Zone program within six (6) months of adoption and annually thereafter to determine if any revisions should be recommended to the City Commission. As part of the Sustainability Committee's ongoing review process of the EcoZone program during its 4/15/2013 and 5/21/13 meetings, the committee approved incorporating Miami- Dade's Green Business Certification as an additional eligibility criteria to receive incentives in the EcoZone program. This additional criteria was also approved by the Neighborhood/ Community Affairs Committee at their 6/26/2013 meeting. This amendment (reviewed and approved by the legal department) has the potential to help facilitate not only the expansion of the pilot EcoZone program into the rest of Miami-Dade county, but also the initial processing of EcoZone applications by the county's Regulatory and Economic Resources Office, as the incentives are exactly the same as those currently being processed by the office for the Enterprise Zone. Miami-Dade's Green Business Certification program assists businesses reduce their operating costs and decrease their carbon footprint by implementing proven sustainable/green practices such as water/energy conservation and waste reduction. The participation is free, however the business must be: in compliance with all applicable regulations, a valid Florida Corporation/Miami-Dade County business, have a valid occupational license and must obtain a minimum score on the program's checklist. The businesses complete an online self-audit worksheet, are interviewed after attaining a minimum score, and then undergo a verification inspection which includes follow up inspections to confirm compliance. Since the inception of the program, 672 businesses have applied and been reviewed, with 15 businesses including 4 hotels being certified. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the revised Ordinance to include Miami-Dade County's Green Business Certification Program as eligibility criterimeceive the EcoZone Program tax incentives on first reading. JLM/KGf/tMS/GH F:\INFO\$ALL\HALL\ECOZONE\New Ordinance\Energy Eoonom;c Zone-EcoZone Commission Memorandum 2013.docx 636 ORDINANCE NO. 2013-__ _ AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY'S NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE, TO AMEND CHAPTER 100 OF THE MIAMI BEACH CITY CODE, ARTICLE II ENTITLED, "ENERGY ECONOMIC DEVELOPMENT ZONE PILOT PROGRAM;" ELIGIBILITY CRITERIA, TO INCLUDE MIAMI DADE COUNTY'S GREEN BUSINESS CERTIFICATION AS AN ADDITIONAL CRITERIA TO PARTICIPATE IN THE ENERGY ECONOMIC DEVELOPMENT ZONE PILOT PROGRAM, AS FURTHER DETAILED IN THE ORDINANCE; PROVIDING FOR SEVERABILITY; CODIFICATION, REPEALER, AND AN EFFECTIVE DATE. WHEREAS, in 2009, the Florida Legislature created the Energy Economic Zone (EEZ) Pilot Program (Section 377.809, Florida Statutes) for purposes of developing a model to help communities cultivate green economic development, encourage renewable electric energy generation, and promote the manufacturing of products that contribute to energy conservation and green jobs; and WHEREAS, the aforestated State legislation sets forth an application process for local governments applying to the State for designation as a pilot community and limited eligible locations within a pilot community to adopted urban service areas and a county landfill outside the urban service boundary; and WHEREAS, the application process requires applicants to indicate: (1) the anticipated boundaries of the EEZ; (2) how the projected EEZ would lend itself to mixed-use and form- based standards, multimodal transportation facilities and/or renewable energy facilities; and (3) a strategic plan illustrating how the EEZ would allow for promotion of land use and development patterns to: (i) reduce reliance on automobiles; (ii) encourage certified green building development and renewable energy systems; (iii) encourage creation of green jobs; and (iv) demonstrate how local financial and regulatory incentives will be used in the EEZ; and WHEREAS, in 2009, Sarasota County and the City of Miami Beach were selected by the State as the two communities to participate in the EEZ Pilot Program; and WHEREAS, in 2011, the Legislature amended Section 377.809, Florida Statutes, providing that all the incentives and benefits available to enterprise zones pursuant to State law, and other specifically identified benefits, will be available within an EEZ, and setting forth the process by which each of the EEZ governing bodies would implement the EEZ Program within its jurisdiction; and WHEREAS, in order to provide EEZ incentives, the EEZ governing body must adopt an ordinance no later than March 1, 2012, that establishes the boundaries of the EEZ; specifies applicable energy efficiency standards for businesses within the EEZ; and determines eligibility criteria for those businesses applying for EEZ incentives; and WHEREAS, Section 377.809, Florida Statutes, further provides that, effective July 1, 2012, the total amount of State credits, refunds and exemptions that may be provided by each 637 EEZ governing body to eligible businesses for EEZ incentives is $300,000 in any State fiscal year; and WHEREAS, If the $300,000 incentive cap is not fully used in any single State fiscal year, the unused amount of the cap may be carried forward for up to 5 years; and WHEREAS, each EEZ governing body is responsible for allocating the incentives, for verifying that businesses receiving such incentives are eligible for the incentives provided, and for ensuring that the incentives provided do not exceed the cap for the State fiscal year; and WHEREAS, as provided by law, no later than February 15, 2015, the Florida Department of Economic Opportunity (DEO) is to evaluate each EEZ Pilot Program and report to the Governor and Legislature any recommended revisions. WHEREAS, the City's Energy Economic Development Zone Pilot Program ordinance was passed and adopted on 3/26/12. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 100 of the Miami Beach City Code, Article II, entitled "Energy Economic Development Zone Pilot Program" is hereby amended by creating an additional eligibility critieria. as follows: ARTICLE II. -ENERGY ECONOMIC DEVELOPMENT ZONE PILOT PROGRAM Sec. 100-21. Purpose. The Energy Economic Development Zone Pilot Program was created in 2009, pursuant to Section 377.809, Florida Statutes, to help communities such as the City of Miami Beach cultivate green economic development, encourage renewable electric energy generation, manufacture products that contribute to energy conservation and green jobs. The City of Miami Beach is a high-density urban city, which has implemented many sustainability and energy efficiency initiatives. The Energy Economic Development Zone Pilot Program provides the City with additional resources and support to continue implementation of the City's Sustainability Plan, and it is in the best interest of the City and its citizens to participate in the Pilot Program. Sec. 1 00-22. Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning, or as may be amended from time to time. City Commission means the Miami Beach City Commission. Clean Technology Sector Business means a business that produces products, services, and processes that harness renewable materials and energy sources, dramatically reduce the use of natural resources, and cut or eliminate emissions and wastes. Green Business means a business that is managed to minimize adverse environmental impacts regardless of the product or services the business offers or a business that has been designated as a Green Business by Miami-Dade County's Green Business Certification Program. 638 Green Lodging Establishment means a hotel that has been designated as a Green Lodging Establishment by the Florida Department of Environmental Protection. LEED means the Leadership in Environmental and Energy Design program administered by the United States Green Building Council. Sec. 100-23. Energy Economic Development Zone Boundaries. The Energy Economic Development Zone shall be comprised of the entirety of the City of Miami Beach. Sec. 100-24. Eligibility Criteria. In order for a business within the City of Miami Beach to be eligible to apply for an Energy Economic Development Zone incentive, it must satisfy the following criteria: (a) The business is located within the boundaries of the Energy Economic Development Zone, as defined in Section 1 00-23; and (b) The business is either a Clean Technology Sector Business or a Green Business, as both are defined in Section 100-22, and meets or exceeds the Energy Efficiency Standards set forth in Section 1 00-25; or (c) The business is LEED certified; or (d) The business is a Green Lodging Establishment, as defined in Section 100-22. Sec. 100-25. Energy Efficiency Standards A business within the City of Miami Beach applying for an Energy Economic Development Zone incentive must meet one of the following standards: (a) The business must achieve an ENERGY STAR Rating of 50 or higher in each of the buildings that are the subject of the Energy Economic Development Zone application, and attach to the application a report from the ENERGY STAR Portfolio Manager Program verifying the ENERGY STAR rating; or (b) The business must achieve the energy efficiency standards of one of the following programs: (i) the Green Lodging Program administered by the Florida Department of Environmental Protection; or (ii) the Leadership in Environmental and Energy Design Program, administered by the U.S. Green Building Council. (iii) the Green Business Certification Program, administered by Miami-Dade County. 639 Sec. 100-26. Program Guidelines. The City Commission may adopt, by resolution, its own Energy Economic Development Zone Program Guidelines, which may include, among other provisions, prioritization of the eligibility criteria; allocation of incentives based on eligibility criteria; and the process for application review and incentive approval, including, but not limited to, a competitive selection process. The Sustainability Committee shall review the City's proposed Energy Economic Development Zone Program Guidelines no later than six (6) months from the date of adoption of this Ordinance, and at least annually thereafter throughout the duration of the Program, to determine if any revisions should be recommended to the City Commission. If the City Commission does not adopt the initial Guidelines by July 1, 2012, then the City shall implement the Program as provided pursuant to the State's guidelines.:. Sec. 100-27. Program Administration. The Energy Economic Development Zone Program and the incentives provided by the State of Florida to businesses participating in the Program will be reviewed and administered by the City's Economic Development Division. SECTION 2. Repealer. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. Codification. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention, and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. Effective Date. This Ordinance shall take effect upon filing with the Office of Secretary of State of the State of Florida. PASSED AND DULY ADOPTED by the Mayor and City Commission of the City of Miami Beach, Florida, this day of , 2013. MAYOR ATTEST: CITY CLERK 640 APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney Date First Reading: Second Reading: Underscore denotes new language. Strikethrough denetes deleted language. F:\INFO\$ALL\HALL\ECOZONE\New Ordinance\Updated Ecozone Ordinance 2013.doc 641 THIS PAGE INTENTIONALLY LEFT BLANK 642 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment modifying the City's Flood Plain Management Ordinance to incorporate minor chan es recommended b FEMA. Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort ut forth b the Cit to re ulate development is "about the ri ht amount." Item Summa /Recommendation: FIRST READING The proposed Amendments to Chapter 54 represent minor "clean--up" provisions recommended by FEMA, or clarifications to the Ordinance to be consistent with the Florida Building Code and Flood Insurance Regulations. The Administration recommends that the City Commission approve the Ordinance on First Reading and set a Second Read in Public Hearin for June 5, 2013. Adviso Board Recommendation: Both the Flood Plain Management Board and the Historic Preservation Board were presented versions of this Ordinance that included language exempting Historic properties from the City's variance procedures. Those provisions are not found in this version of the Ordinance. Staff has separated that controversial item and on this same agenda is the subject of a request by staff for a referral to the Land Use and Development Committee. The Historic Preservation Board unanimously supported the Ordinance as it was presented to them, the FPMB unanimously opposed the Ordinance at that time. The current version of the Ordinance proposes no change with regard to variance rocedures, and therefore is made u entirel of "clean-u " lan ua e. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. As the Amendment to the Ordinance is primarily a "clean-up" per the recommendations of FEMA, there is no financial im act. Assistant City Manager MIAMI BEACH 643 AGENDA ITEM --!...:?R~S":,...,..P---=-_ DATE (i.-//--/3 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: September 11, 2013 SUBJECT: AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORID , AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 54, ENTITLED "FLOODS," BY AMENDING ARTICLE II, ENTITLED "FLOODPLAIN MANAGEMENT," BY AMENDING DIVISION 1, ENTITLED "GENERALL Y,u BY AMENDING SECTION 54-35, ENTITLED "DEFINITIONS" BY AMENDING AND DELETING CERTAIN DEFINITIONS THEREIN; BY AMENDING DIVISION 2, ENTITLED "GENERAL PROVISIONS," BY AMENDING SECTION 54-38, ENTITLED "DESIGNATION OF FLOODPLAIN ADMINISTRATOR'' TO DESIGNATE THE BUILDING OFFICIAL, INSTEAD OF THE BUILDING DIRECTOR, AS THE FLOODPLAIN ADMINISTRATOR; BY AMENDING DIVISION 3, ENTITLED "ADMINISTRATION," BY AMENDING SECTION 54-45, ENTITLED "PERMIT PROCEDURES" AND SECTION 54-46, ENTITLED "DUTIES AND RESPONSIBILITIES OF THE BUILDING DIRECTOR OR DESIGNEE" TO CHANGE ALL BUILDING DIRECTOR REFERENCES THEREIN TO THE FLOODPLAIN ADMINISTRATOR; AMENDING DIVISION 4, ENTITLED "PROVISIONS FOR FLOOD HAZARD REDUCTION"; BY AMENDING SECTION 54-47, ENTITLED "GENERAL STANDARDS," SECTION 54-48, ENTITLED "SPECIFIC STANDARDS," AND SECTION 54-49, ENTITLED "SPECIFIC STANDARDS FOR A-ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY FLOODWAYS" TO MODIFY CERTAIN FLOOD HAZARD REDUCTION PROVISIONS; BY DELETING THE PROVISIONS IN SECTION 54-50, ENTITLED "STANDARDS FOR A-0 ZONES"; BY AMENDING DIVISION 5, ENTITLED "VARIANCE PROCEDURES," TO CHANGE ALL BUILDING DIRECTOR REFERENCES THEREIN TO THE FLOODPLAIN ADMINISTRATOR; PROVIDING NON- SUBSTANTIVE, CLERICAL REVISIONS THROUGHOUT ARTICLE II OF CHAPTER 54; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 644 Commission Memo Re Amendment of Chapter 54, "Floods" September 11, 2013 Page 2 of3 ADMINISTRATION RECOMMENDATION The Administration recommends approval of the proposed amendments to Chapter 54, "Floods". BACKGROUND In August 2012, the City of Miami Beach received a Community Assistance Visit ("CAV") from the Federal Emergency Management Agency's ("FEMA") National Flood Insurance Program ("NFIP"). These visits are routine, and occur approximately every five years. The purpose of the visit was to evaluate the effectiveness of floodplain management and other programs the City implements to reduce the impacts of flooding. On December 20, 2012, FEMA prepared a summary report of its findings from this visit and provided it in a letter of that date to Mayor Matti Herrera Bower ("Exhibit 1 "). While most of the findings were in the nature of items that staff could respond to directly, the letter included recommended changes to Chapter 54, "Floods", of the City of Miami Beach's Code of Ordinances in an attached "Table 1 ". Through subsequent communications with the agency, some additional proposed amendments were suggested. The purpose of this Ordinance Amendment is to incorporate FEMA's proposed changes into Chapter 54, as well as other minor changes proposed by staff. In all instances, the changes are minor, with little or no impact to the public, and constitute "cleanup" language. ANALYSIS The proposed revisions to Chapter 54 are primarily minor in nature and do not change the applicability or underlying impact of the Floodplain Ordinance on the community. These changes are clearly delineated in "Exhibit 2", which is the proposed Amended Ordinance, with changes presented in strike through/underline format. Throughout the Chapter, references to the Building Director have been changed to "Floodplain Administrator". Other changes include elimination of obsolete terminology or references to obsolete agencies, elimination of inapplicable language, correction of scrivener's errors from previous versions, new or revised definitions that FEMA considers important, and clarifications to ensure consistency with the Florida Building Code and NFIP requirements. It is important to note that FEMA recommended that the City change the definition of "Substantial Improvement" in Section 54-35, by eliminating a sentence that reads as follows: "This term does not include any alteration on an existing historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure." The City Attorney's Office had also recommended the elimination of this language to avoid the impression that historic structures are exempt from FEMA's regulations when in fact there are provisions later in the Ordinance that require historic structures to obtain variances. Unfortunately, the two City Boards involved in this issue take positions that are diametrically opposed. The Historic Preservation Board voted unanimously in support of a version of the Ordinance that eliminated the requirement for variances for historic structures. The Flood Plain Management Board (FPMB), the entity that hears these variance requests, voted unanimously against eliminating the variance requirement for historic structures. 645 Commission Memo Re Amendment of Chapter 54, "Floods" September 11, 2013 Page 3 of3 Because of the nature and complexities of the issues related to the variance process for historic structures, and the need to meet a September deadline for a first reading of these Ordinance amendments by FEMA, staff is now presenting the Ordinance to the City Commission with absolutely no changes to variance procedure provisions. By a separate agenda item on this agenda, staff is requesting that the issue of variances for historic structures be referred to the Land Use and Development Committee for discussion and recommendation at a later date. The Ordinance before the Commission now consists of clean-up language as recommended by FEMA, staff and the City Attorney's Office, and as itemized in Exhibit 3. FIVE YEAR FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. As the Amendment to the Ordinance is primarily a "clean-up" per the recommendations of FEMA, there is no financial impact. CONCLUSION The Administration recommends that the City Commission adopt the attached Ordinance amending Chapter 54, "Floods" on First Reading. JLM/JJ/MVF Attachments T:\AGENDA\2013\Sept11\Fiood Ordinance Amendment-Memo.docx 646 Exhibit 1 647 The Honorable Matti. Herrera Bower Mayor, City of Miami Beach 1700 Convention Center Drive ' Miami Beach, Florida 33139 December 20. 2012 U.S. Department of Homeland Security Re.gi()n IV 3003 Chamblee 'fucker Road Atlanta, Ga 3 034 I FEMA Reference: National Flood Insurance Program (NFIP) Community Assistance Visit (CAV) Report of Findings Dear Mayor Bower: This is to provide you with the findings of the CAV conducted by the Federal Emergency Management Agency (FEMA) during August 21-23,2012. The purpose ofthis visit was to evaluate the effectivenes.$ of flo/>dplain management and other programs the City implements to eliminate or reduce pot~;tttiall9ss of lives and property damage caused by flooding as part of the Cityts participation in the NFIP. We appreciate the assistance, cooperation. professionalism, and hospitality of Mr. Mohsen Jarahpour, Chief Building Inspector, during this visit We commend the City for implementing more stringent development requirements in its floodplain management program. The City has achieved a. Cla.ss 6 rating in the NFIP's Community Rating System Program effective May 1, 2012. As a result, the flood insurance policy holders in areas of special flood hazard in the City receive 20% discount in their flood insurance premiums; resulting in an annual savings of over $3.4 million. We have reviewed the following as a part of the CA V: Floodplain management regulations The City's floodplain management regulations are contained in Article ll of Chapter 54 of its code of ordinances. A detailed review of these regulations revealed some shortco:nllngs, which are described in Table 1 (enclosed). It is important that the City correct these shortconrlngs. Please provide us with a revised ordinance correcting these shortcomings by March 1, 2013. Development permit procedures in the Special Flood Hazard Areas (SFHAs) We have reviewed the City's Building Department Policies and Procedures Manual, dated June 28, 2011, prepared by JRD & Associates, Inc. This manual did not appear to have any www.fema.gov 648 Mayor Bow& Page2 information on floodplain management program of the City (e.g. determination of flood zone and the base flood elevation, substantial improvement, substantial damage). We strongly encourage you to integrate the floodplain management aspects also into this manual. Elevation Certificates We have reviewed a total of26 elevation certificates. We commend you for the capabilities and diligence of your staff in reviewing the elevation certificates as we have fm.md only three minor issues with them. These are: 1 .. 230 W. Rivo Alto Drive-Longitude needs to be '•West" or •negative"; 2. 5245 Pinetree Drive-Longitude needs to be "West'' or ''negative"; and 3. 6396 N. Bay Road-Description of machinery/equipment :in Section D missing. Please have your staff coordinate With the respective Professional Surveyor and Mappers in correcting these minor shortcomings for your record keeping. ,Engineered flood openings for floodvrone enclosures in A"Zones Three structures are provided with engineered flood openings to automatically equalize flood hydrostatic forces on walls. However, certification by Florida licensed professional engineer is not oQtained. Please provide us with these certifications for the following structures by March 29,2013: 1. 230 W. Rivo Alto Drive; 2. 354 Washington Avenue; and 3. 226 Palm Avenue. Variance The City granted a variance to the elevation requirement of its floodplain management regulations to the single~ family residential structure located at 4245 N. Meridian A venue with certain conditions attached. The documentation indicates that this is a. designated historic structure on the City's .inventory of historic places. However, as the C1ty's regulations as well as those of the NFIP require, a review of proposed alterations and/or improvements and determination that such changes did not preclude this structure's continued designation as a historic structure is not mamtained. Please provide us with this documentation by March 1, 2013. Review and deternrination of potential '.'substantial damage" Flood insurance claims data for the City ofMiami Beach indicates that $22,169,5?2 was paid for 825 losses. There were 12 claims that were categorized as "substantial damage" claims. 649 Mayor Bower Page3 The entire claims data for 825 losses was provided to the City during the visit. However, Table 3 (enclosed) includes only 75 Structures for which the least amount of claim paid exceeded $75,000. Please provide us with the City's review and determination for potential substantial damage or substantial improvements. when further improvements were made in addition to repairing the damage that the structures sustained, with supporting documentation by March 29, 2013. Submit-for-rate structures Submit-for-rate structures are those that were deemed, through the flood insurance rating process, to have their lowest floor elevations located two or more feet below the base flood elevation. These structures are described in Table 4 (enclosed). Please investigate these potential violations and provide us with your determinations with supporting documentation by March 29, 2013. We appreciate yolll' diligence in providing us with the requested documentation by the target dates indicated. If you or your staff have any questions or require additional information, please call Prasad Inmula at (770) 220-8841 or e-mail at Prasad.Inmula@fema.dhs.gov. Enclosures ~·£Jh~~ ~ .-8 Susan W. Wilson, CFM, Chief Floodplain Management & Insurance Branch Mitigation Division 650 ~~~~-~~~~~~~~~~~~~~~~~~~~~~~~---------- Table 1 City of Miami Beach (Miami-Dade County), Florida oo tgam anagemen r mance ev1ew Fl d 1 . M t 0 d" R . Section Title Provision Revision 54-35 Definitions Addition Addition means any walled and roofed expansion to the perimeter or height of a building. Existing construction Revise dates to September 29, 1972. Existing manufactured Revise dates to September 29, 1972. home park or subdivision FBFM Delete. FHBM Delete. Floodplain management Add SFWMD to the list of standards. regulations New construction Revise dates to September 29, 1972. Repetitive loss (new) Repetitive loss structure means a building that has incurred flood-related damages on two occasions during a 10-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25 per:cent of the market value of the building at the time of each such flood event. Substantial Delete the last part of the definition related to improvement a historic structure. 54-47 General 13 (b) Revise "Such" to "Such proposals". I standards 54-48 Specific (1) Delete "zero foot above". standards (1) (a) Revise to: "The lowest floor of a nonsubstantial Lateral addition to a residential structure shall be elevated to no lower than the lowest floor of the principal structure." (2) (b) Revise to: "The lowest floor of a nonsubstantiallateral addition to a nonresidential structure shall be elevated or --fl.oodproofed to-no lower than the lowest floor oftheprincipal structure." (6) Revise "section 54-36 ta section 54-37". (8) Revise "section 54-48 to section 54-51". 54-49 (3) Revise "building director or his/her designee" to "floodplain administrator". 54-50 (1) Delete "in all AO-zones~'. 651 Exhibit 2 652 ORDINANCE NO. ------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 54, ENTITLED "FLOODS," BY AMENDING ARTICLE II, ENTITLED "FLOODPLAIN MANAGEMENT," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 54-35, ENTITLED "DEFINITIONS" BY AMENDING AND DELETING CERTAIN DEFINITIONS THEREIN; BY AMENDING DIVISION 2, ENTITLED "GENERAL PROVISIONS," BY AMENDING SECTION 54-38, ENTITLED "DESIGNATION OF FLOODPLAIN ADMINISTRATOR" TO DESIGNATE THE BUILDING OFFICIAL, INSTEAD OF THE BUILDING DIRECTOR, AS THE FLOODPLAIN ADMINISTRATOR; BY AMENDING DIVISION 3, ENTITLED "ADMINISTRATION," BY AMENDING SECTION 54-45, ENTITLED "PERMIT PROCEDURES" AND SECTION 54-46, ENTITLED "DUTIES AND RESPONSIBILITIES OF THE BUILDING DIRECTOR OR DESIGNEE" TO CHANGE ALL BUILDING DIRECTOR REFERENCES THEREIN TO THE FLOODPLAIN ADMINISTRATOR; AMENDING DIVISION 4, ENTITLED "PROVISIONS FOR FLOOD HAZARD REDUCTION"; BY AMENDING SECTION 54-47, ENTITLED "GENERAL STANDARDS," SECTION 54-48, ENTITLED "SPECIFIC STANDARDS," AND SECTION 54-49, ENTITLED "SPECIFIC STANDARDS FOR A-ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY FLOODWAYS" TO MODIFY CERTAIN FLOOD HAZARD REDUCTION PROVISIONS; BY DELETING THE PROVISIONS IN SECTION 54-50, ENTITLED "STANDARDS FOR A-0 ZONES"; BY AMENDING DIVISION 5, ENTITLED "VARIANCE PROCEDURES," TO CHANGE ALL BUILDING DIRECTOR REFERENCES THEREIN TO THE FLOODPLAIN ADMINISTRATOR; PROVIDING NON-SUBSTANTIVE, CLERICAL REVISIONS THROUGHOUT ARTICLE II OF CHAPTER 54; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has been directed by the Federal Emergency Management Administration to revise its City Code provisions concerning floodplain management. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Division 1 of Article II of Chapter 54 of the Code of the City of Miami Beach, Florida is hereby amended as follows: 653 CHAPTER 54 FLOODS * * * ARTICLE II. Floodplain Management * * * DIVISION 1. Generally * * Sec. 54-35. Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. * * * Addition (to an existing building) means any walled and roofed expansion to the perimeter or height of a building in \Vhich the addition is connected by a common lead bearing 'A'all ether than a firewall. Any 'Nailed and reefed additien which is connected by a fire~,vall er is separated by independent perimeter lead bearing llJalls is new construction. * * * Existing construction means, for the purposes of floodplain management, structures for which "the start of construction" commenced before December 12, 1992 September 29. 1972. For the purposes of determining rates, existing construction shall mean structures for which the "start of construction" commenced before December 12, 1992 September 29. 1972. This term may also be referred to as "existing structures". Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before December 12, 1992 September 29, 1972. * * * FJoofl IJ061Rd-ary aRfl fl.eoflw-ay R=Jap (F-BFM) means the official map of the city en which the federal Emergency Management /\§oncy (F'EMA) has delineated the areas of special flood haii!:ard ane regulatory fleedways. 2 654 Flood hazard boundary FRafJ (FH-BM) means an official map of the city, issued 13y FeM/\, where the boundaries of the areas of special flood hazard have seen identified as only approximate .1;0ne A. * * * Floodplain management regulations means this article and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power which control development in floodprone areas. This term describes federal, State of Florida, South Florida Water Management District (SFWMO), or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. * * * Historic structure means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic or a district preliminarily determined by the Secretary to qualify as a registered historic district; or (c) Individually listed on the Florida Inventory of Historic Places, which has been approved by the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: 1. By the approved Florida program as determined by the Secretary of the Interior, or 2. Directly by the Secretary of the Interior; or .@} Designated as an historic building, historic structure, or a contributing structure located within a local historic district, by the City of Miami Beach. * * * New construction means, for floodplain management purposes, any structure for which the "start of construction" commenced on or after Docomeor 12, 1992 September 29, 1972. The term also includes any subsequent improvements to such structures. For flood insurance 3 655 rates, structures for which the start of construction commenced on or after December 12, 1992 September 29, 1972, and includes any subsequent improvements to such structures. * * * Repetitive loss structure means a building that has incurred flood-related damages on two occasions during a 1 0-year period ending on the date of the event for which claim is made, on the average, equaled or exceeded 25 percent of the market value of the building the time of each such flood event. * * * Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during a five-year period, in which the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage" regardless of the actual repair work performed. This term does not, however, include any repair or improvement of a structure to correct existing violations of State of Florida or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official prior to the application for permit for improvement, and which are the minimum necessary to assure safe living conditions. This term does not include any alteration of an existing historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. * * * SECTION 2. That Division 2 of Article II of Chapter 54 of the Code of the City of Miami Beach, Florida is hereby amended as follows: DIVISION 2. General Provisions * * * Sec. 54-38. Designation of floodplain administrator. The commission of the City of Miami Beach hereby appoints the building director official or his/her designee to administer and implement the provisions of this article and is herein referred to as the floodplain administrator. 4 656 SECTION 3. That Division 3 of Article II of Chapter 54 of the Code of the City of Miami Beach, Florida is hereby amended as follows: DIVISION 3. Administration * * * Sec. 54-45. Permit procedures. Application for a development permit shall be made to the building director or his/her designee floodplain administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing and proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Application stage: (a) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all buildings; (b) Elevation in relation to mean sea level to which any nonresidential building will be flood proofed; (c) Certificate from a registered professional engineer or architect that the nonresidential floodproofed building will meet the floodproofing criteria in subsection 54-45(2) and subsection 54-48(2); (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and (e) Elevation in relation to mean sea level of the bottom of the lowest horizontal structural member of the lowest floor and provide a certification from a registered engineer or architect indicating that they have developed and/or reviewed the structural designs, specifications and plans of the construction and certified that [they] are in accordance with accepted standards of practice in coastal high hazard areas. (2) Construction stage: Upon placement of the lowest floor, or floodproofing by whatever construction means, or bottom of the lowest horizontal structural member, it shall be the duty of the permit holder to submit to the building director or his/her designee floodplain administrator a certification of the NGVD or NAVD elevation of the lowest floor or floodproofed elevation, or bottom of the lowest horizontal structural member of the lowest floor as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a 5 657 registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The e~::~iiEiin9 Elirector or his/her designee floodplain administrator shall review the lowest floor and floodproofing elevation survey data submitted. The permit holder immediately and prior to further progressive work being permitted to proceed shall correct violations detected by such review. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project. Sec. 54-46. Duties and responsibilities of the lJ~o~iiEiing Elirester er hislher Elesignee floodplain administrator. Duties and responsibilities of the b~::~ilding director or his/her designee floodplain administrator shall include, but are not ae limited to: (1) Review permits to assure sites are reasonably safe from flooding; (2) Review all development permits to assure that the permit requirements of this article have been satisfied; (3) Require copies of additional federal, State of Florida, or local permits, especially as they relate to F.S. §§ 161.053, 320.8249, 320.83§9 320.8325, 373.036, 380.05, 381.0065, and ch. 553, pt. IV, be submitted along with the development permit application and maintain such permits on file with the development permit; (4) Notify adjacent communities, the Florida Department of Comrntlnity Affairs Economic Opportunity -Division of Emergency Management -NFIP Coordinating Office, South Florida Water Management District, the Federal Emergency Management Agency (FEMA), and other federal and/or State of Florida agencies with statutory or regulatory authority prior to any alteration or relocation of a watercourse; (5) Assure that the floodcarrying capacity within the altered or relocated portion of any watercourse is maintained; (6) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (A-zones) or bottom of the lowest horizontal structural member of the lowest floor (V-zones) of all new and substantially improved buildings, in accordance with subsections 54-48{1) and (2) and subsection 54-51 (2), respectively; (7) Verify and record the actual elevation (in relation to mean sea level) to which the new and substantially improved buildings have been floodproofed, in accordance with subsection 54-47(2); 6 658 {8) Review certified plans and specifications for compliance. When floodproofing is utilized for a particular building, certification shall be obtained from a registered engineer or architect certifying that all areas of the building, together with attendant utilities and sanitary facilities, below the required elevation are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy in compliance with subsection 54-47(2) of this article. In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the building is designed and securely anchored to pilings or columns in order to withstand velocity waters and hurricane wave wash. Additionally, in coastal high hazard areas, if the area below the lowest horizontal structural member of the lowest floor is enclosed, it may be done so with open wood lattice and insect screening or with nonsupporting breakaway walls that meet the standards of subsection 54- 51 (6) of this article; (9) Interpret the exact location of boundaries of the areas of special flood hazard. When there appears to be a conflict between a mapped boundary and actual field conditions, the building director or his/her designee floodplain administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article; (1 0) When base flood elevation data and floodway data have not been provided in accordance with section 54-37, the building director or his/her designee floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, State of Florida, or any other source, in order to administer the provisions of division 4; (11) Coordinate all change requests to the FIS, and FIRM and FQFM with the requester, State of Florida, Cooperating Technical Partner. and FEMA; and (12) Where base flood elevation is utilized, obtain and maintain records of lowest floor and floodproofing elevations for new construction and substantial improvements in accordance with subsections 54-48(1) and (2), respectively. SECTION 4. That Division 4 of Article II of Chapter 54 of the Code of the City of Miami Beach is hereby amended as follows: DIVISION 4. Provisions for Flood Hazard Reduction * * * 7 659 Sec. 54-47. General standards. In all areas of special flood hazard, all development sites, including new construction and substantial improvements, shall be reasonably safe from flooding and meet the following provisions: (1) New construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) Manufactured homes shall be anchored to prevent flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over- the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State of Florida requirements for resisting wind forces; * * * (13) Standards for subdivision proposals and other new proposed development {including manufactured homes): (a) Such proposals shall be consistent with the need to minimize flood damage; (b) Such proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; and (c) Such proposals shall have adequate drainage provided to reduce exposure to flood hazards. (14) When proposed new construction and substantial improvements are partially located in an area of special flood hazard, the entire structure shall meet the standards for new construction. (15) When proposed new construction and substantial improvements are located in multiple flood hazard risk zones or in a flood hazard risk zone with multiple base flood elevations, the entire structure shall meet the standards for the most hazardous flood hazard risk zone and the highest base flood elevation. Sec. 54-48. Specific standards. In all A-zones where base flood elevation data have been provided (zones AE, A 1-30, A (with base flood elevation), and AH), as set forth in section 54-37, the following provisions, in addition to those set forth in sections 54-47 and 54-49, shall apply: 8 660 (1) Residential construction. !ill All new construction and substantial improvement of any residential building (including manufactured homes) shall have the lowest floor, including basement, elevated to no lower than zero foot abo'-'e the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, there must be a minimum of two openings on different sides of each enclosed area sufficient to facilitate automatic equalization of flood hydrostatic forces in accordance with standards of subsection 54-48(3). fat.(Q} The lowest floor of an addition to the nonsubstantial improvement of a residential structure shall be elevated to no lower than zero foot aeove the existing lowest finished floor elevation. (2) Nonresidential construction. @} All new construction and substantial improvement of any commercial, industrial, or nonresidential building (including manufactured homes) shall have the lowest floor, including basement, elevated to no lower than the base flood elevation. All buildings located in A-zones may be floodproofed, in lieu of being elevated, provided that all areas of the building components, together with attendant utilities and sanitary facilities, below the base flood elevation plus one foot are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied using the FEMA floodproofing certificate. Such certification along with the corresponding engineering data, and the operational and maintenance plans shall be provided to the floodplain administrator. fat.(Q}The lowest floor of an addition to the nonsubstantial improvement of a commercial structure shall be elevated to no lower than zero foot above the existing lowest finished floor elevation. * * * (6) Standards for watetWays with established base flood elevations, but without regulatory f/oodways. Located within the areas of special flood hazard established in section 54 :.16 54-37, where streams exist for which base flood elevation data has been provided by the F'eeleral EmeF9ency Management Agency FEMA without the delineation 9 661 of the regulatory floodway (zones AE and A 1-30), the following provisions, in addition to those set forth in subsections 54-48(1) through (5), shall apply: (a) Until a regulatory floodway is designated, no new construction, substantial improvements, or other development including fill shall be permitted within the areas of special flood hazard, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the community. (b) Development activities which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the developer or applicant first applies, with the community's endorsement, for a conditional FIRM revision, and receives the approval of the Federal Emergency Management Agency (FEMA}. * * * (8) fSeaward structures.j For all structures located seaward of the coastal construction control line (CCCL), the lowest floor of all new construction and substantial improvements shall be elevated to no lower than the 1 00-year flood elevation established by the Florida Department of Environmental Protection or by FEMA in accordance with section 54-37, whichever is higher. All nonelevation design requirements of section 54 4g 54-51 shall apply. Sec. 54-49. Specific standards for A-zones without base flood elevations and regulatory floodways. Located within the areas of special flood hazard established in section 54-37, where there exist A-zones for which no base flood elevation data and regulatory floodway have been provided or designated by the FeEleral Emergency Management ,".gency FEMA, the following provisions shall apply: ( 1) Require standards of section 54-4 7"" (2) Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, include within such proposals base flood elevation data. Standards set forth in section 54-48 shall apply. 10 662 (3) The building director or his/her designee floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, State of Florida, or any other source, in order to administer the provisions of this article. When such data is utilized, provisions of section 54-48 shall apply. The building director or hislher designee floodplain administrator shall: (a) Obtain the elevation (in relation to the mean sea level) of the lowest floor (including the basement) of all new and substantially improved structures, (b) Obtain, if the structure has been floodproofed in accordance with the requirements of subsection 54-48(2), the elevation in relation to the mean sea level to which the structure has been floodproofed, and (c) Maintain a record of all such information. (4) Notify, in riverine situations, adjacent communities, the Florida Department of Community Affairs -NFIP Coordinating Office, and the South Florida VVater Management District SFWMD prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA. (5) Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. (6) Manufactured homes shall be installed using methods and practices that minimize flood damage. They must be elevated and anchored to prevent flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State of Florida and local anchoring requirement for resisting wind forces. (7) When the data is not available from any source, in accordance with standards set forth in subsection 54-49(2) of this section, the lowest floor of the structure shall be elevated to no lower than three feet above the highest adjacent grade. Standards set forth in section 54-48 shall apply. Sec. 54-50. Standards ror AO zones. Reserved. Located within the areas of special flood hazard established in section 54 J7, are areas designated as shallow flooding areas. These areas have flood hazards associated v.'ith base flood depths of one to three feet, where a clearly defined channel does not e*ist and the path of flooding is unpredictable and indeterminate; therefore, the following provisions, in addition to division 4, section 54 47, apply: 11 663 ( 1) All new construction and substantial improvements of residential struct1::1res in all AO zones shall have the lowest floor, incl1::1ding basement, elevated above the highest adjacent graee at least as high as the depth n1::1mber specified in feet on the flood ins1::1rance rate FRap. If no flood depth number is specified, the lowest floor, inch,Jding baseFRent, shall be elevated to no less than two feet above the highest acijacent grade. (2) All new construction and substantial improvements of nonresidential structl:clres sRaU;. (a) Have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth n1::1mber specified in feet on the flood insurance rate map. If no flood depth nldmber is specifies, the lo•Nest floor, incl1::1ding basement, shall be elevated to at least t'A'O feet above the highest adjacent grade, or (b) Together \\1ith attendant ldtility and sanitary facilities be completely floodproofed to no less than one foot above that level to meet the flood proofing standard specified in subsection 54 50(2)(a). (3) Adequate drainage paths around structldres shall be provided on slopes to guide 'Nator mvay froFR stri:Jctures. (4) F"ully enclosed areas belmr.t the lowest floor that are subject to flooding shall meet the nonelevation design requirements of section 54 48 Sec. 54-51. Standards for coastal high hazard areas (V-zones). Located within areas of special flood hazard established in section 54-37 are coastal high hazard areas, designated as zones V1-V30, VE, or V (with BFE). The following provisions shall apply: ( 1) Meet the standards of section 54-45, and sections 54-4 7, 54-48 (except 54- 48(7)).,_ and 54-49_., and 54 50 (2) All new construction and substantial improvements in zones V1-V30, VE, and V (with BFE) shall be elevated on pilings or columns so that: (a) The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to no lower than the base flood elevation whether or not the structure contains a basement; and (b) The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of 12 664 wind and water loads acting simultaneously on all building components. Water loading will be those values associated with the base flood. Wind loading values will be those required by applicable State of Florida or local, if more stringent than those of the State of Florida, building standards. (c) For all structures located seaward of the coastal construction control line (CCCL), the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the 100-year flood elevation established by the Florida Department of Environmental Protection or the base flood elevation, whichever is the higher. (3) A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this section. (4) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures. The floodplain administrator shall maintain a record of all such information. (5) All new construction and substantial improvements shall be located landward of the reach of mean high tide. (6) Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by State of Florida or local codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: (a) Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and (b) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). The water loading 13 665 shall be those values associated with the base flood. The wind loading values shall be those required by applicable Florida or local, if more stringent than those of the State of Florida, building standards. {c) Such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be finished, partitioned into multiple rooms, or temperature-controlled. (7) Prohibit the use of fill for structural support. No development permit shall be issued for development involving fill in coastal high hazard areas unless it has been demonstrated through appropriate engineering analyses that the subject fill does not cause any adverse impacts to the structure on site or other properties. (8) Prohibit manmade alteration of sand dunes and mangrove stands that would increase potential flood damage. (9) Standards for manufactured homes. (a) All manufactured homes to be placed or substantially improved on sites: (i) outside a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision in which a manufactured home has incurred "substantial damage" as the result of a flood, must meet the standards of subsections 54-51 (2) through (8), or (b) All manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision shall meet the requirements of subsection 54-48(4)(b). (1 0) Recreational vehicles placed on sites within zones VE, V1-V30, V (with base flood elevation) on the FIRM either: (a) Be on the site for fewer than 180 consecutive days; (b) Be fully licensed and ready for highway use (on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or (c) Meet the requirements of subsections 54-51 (2) through {8). (d) Prohibit the placement of recreational vehicles, except in an existing recreational vehicle park. Recreational vehicles placed on other sites in an existing recreational park must be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (on its wheels or jacking system, is attached to the site by quick disconnect type utilities and security devices, and has no permanently attached additions). 14 666 They shall also have a plan for removal in case of a threat at least four hours prior to the arrival of the threat. (11) For all structures located seaward of the coastal construction control line (CCCL), the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the flood elevation established by the Florida Department of Environmental Protection or the base flood elevation, whichever is higher. All nonelevation design requirements subsections 54-51 (2) through (1 0) shall apply. (12) When fill is proposed, in accordance with the permit issued by the Florida Department of Health, in coastal high hazard areas, the development permit shall be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not increase the water surface elevation of the base flood nor cause any adverse impacts to the structure on site or other properties by wave ramping or deflection. SECTION 5. That Division 5 of Article II of chapter 54 of the Code of the City of Miami Beach is hereby amended as follows: DIVISION 5. Variance Procedures * * * Sec. 54-52. Designation of variance and appeals board. The city's floodplain management board shall hear and decide appeals and requests for variances from the requirements of this article. Sec. 54-53. Duties of variance and appeals board. The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the b1::1ilding director or his/her designee floodplain administrator in the enforcement or administration of this article. Any person aggrieved by the decision of the board may appeal such decision to the circuit court by petition for writ of certiorari according to the rules of appellate procedure. Sec. 54-54. Variance procedures. In acting upon such applications, the city's floodplain management board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and ( 1) The danger that materials may be swept onto other lands to the injury of others; 15 667 (2) The danger of life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (1 0) The expected heights, velocity, duration, rate of rise, and sediment of transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. Sec. 54-55. Conditions for variances. (1) Variances shall only be issued when there is: {a) A showing of good and sufficient cause; {b) A determination that failure to grant the variance would result in exceptional hardship; and (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (2) Variances shall only be issued upon a determination that the variance is the minimum necessary deviation from the requirements of this article. (3) The buileing eirector or his/her designee floodplain administrator shall maintain the records of all variance actions, including justification for their issuance or denial, and report such variances in the city's NI=IP biennial report or upon 16 668 request to FEMA and the State of Florida, Department of Community Economic Opportunity ,1\ffairs, NFlP coordinating office. (4) Applicant shall take all necessary steps to have a building permit issued by the building department within a period of 18 months from the date of issued variance or it shall become null and void. Sec. 54-56. Variance notification. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: (1) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage, and (2) Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the building direstor or histher designee floodplain administrator in the office of the clerk of court and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. Sec. 54-57. Historic structures. Variances may be issued for the repair or rehabilitation of "historic" structures, meeting the definition in this article, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a "historic" structure and the variance is the minimum to preserve the historic character and design of the structure. Sec. 54-58. Structures in regulatory floodway. Variances shall not be issued within any designated floodway if any impact in flood conditions or increase in flood levels during the base flood discharge would result SECTION 6. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 7. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. 17 669 SECTION 8. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 9. EFFECTIVE DATE. This Ordinance shall take effect the day of _________ , 2013. PASSED and ADOPTED this day of---------' 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK MA TTl HERRERA BOWER MAYOR Underline denotes additions and strike threblgh denotes deletions (Sponsored by Mayor Matti Herrera Bower) / ,/ ~ C:\Users\attocabs\Documents\Fioodplain Management Amending Chapter 54 FINAL 8-30-13.docx 18 670 Exhibit 3 --~~--~~ ~ ~------~--~----· -·----~~ -~----------· ----· -~--~ ----·----·--- 671 Section Title 54-35 Definitions Page II City of Miami Beach Floodplain Management Ordinance Revisions Exhibit 3 Provision Revision Comments "Addition" Addition means any walled Revise addition definition and roofed expansion to the as requested by FEMA to perimeter or height of a be consistent with building. FEMA's current language. "Existing construction" Revise applicable date to Miami Dade County September 29, 1972. National Flood Insurance Rate Map (FIRM) Effective Date as required by FEMA. "Existing manufactured Revise applicable date to Miami Dade County home park or September 29, 1972. National Flood Insurance subdivision" Rate Map (FIRM) Effective Date as required by FEMA. "Flood Boundary and Delete. City of Miami Beach Floodway Map does not have Flood (FBFM)" Boundary and Floodway Map (FBFM), delete per FEMA. "Flood Hazard Delete. City of Miami Beach Boundary Map does not have Flood (FHBM)" Hazard Boundary Map N ....... CD "Floodplain Add SFWMD to the list of management standards. regulations" 54-35 "Historic Structure" Add (e): Designated as an (Cont.) historic building, historic structure, or a contributing structure located within a local district, by the City of Miami Beach. "New construction" Revise dates to September 29, 1972. "Repetitive loss" (new) Repetitive loss structure means a building that has incurred flood-related damages on two occasions during a 10-year period ending on the date of the event for which a second claim is made, in which the Page 12 (FHBM), delete request perFEMA. Reference to South Florida Water Management District added per FEMA. Added by City Attorney and Planning Department to include Historic Designated Structures by the City in the definition. Currently, the definition only includes state and national historic designations. Miami Dade County National Flood Insurance Rate Map (FIRM) Effective Date as required by FEMA. Added New definition of Repetitive Loss per FEMA. I M ....... CD 54-35 "Substantial (Cont.) improvement" 54-38 Designation of General Provisions Floodplain Administrator 54-45 Permit Administration Procedures Provision Page 13 cost of repairing the flood damage, on the average, equaled or exceeded 25 percent of the market value of the building at the time of each such flood event. No change. Revise Building Director or his/her designee to: Building Official or his/her designee. Revise "Building Director or his/her designee" to: "Floodplain Administrator." No Change. In order to be consistent with the requirements of the Florida Building Code, the Floodplain Administrator will be the Building Official or his/her designee and not a Building Director. Simple "clean-up" language per City Attorney. In order to be consistent with the requirements of the Florida Building Code, the Floodplain Administrator must be the Building Official or his/her designee and not a Building Director. Simple "clean-up" language per City Attorney. oq-...... CD 54A6 Duties and Administration Responsibilities Provision of the Building Director or Designee 54-46 (3) (4) 54-46 (9) and (10) Page 14 Revise "Building Director or his/her designee" to: "Floodplain Administrator." Revise "Duties" to "Duties and responsibilities" Correct erroneous statute reference. Revise "pt." to "pt. IV," which refers to Part IV of Chapter 553 ofFlorida Statutes (Florida Building Code) Revise ''Community Affairs Division" to "Economic Opportunity." Revise "Building Director or his/her designee" to: "Floodplain Administrator." In order to be consistent with the requirements of the Florida Building Code, the Floodplain Administrator will be Building Official or his/her designee and not a Building Director. Simple "clean-up" language per City Attorney. Cleanup language per FEMA for consistency. Cleanup language per FEMA for consistency. Agency N arne Change. PerFEMA. In order to be consistent with the requirements of the Florida Building Code, the Floodplain II) ...... CD 54-46 (11) Revise references to add "Cooperating Technical Partner" and delete FBFM. 54-47 General 13 (b) Revise "Such" to "Such Standards proposals." 54-48 Specific First paragraph Add reference to section 54-Standards 47. 54-48 (1) Subsection letters (a) and (b) noted and delete "zero foot above" in (l)(a) and (l)(b). Page 15 Administrator will be Building Official or his/her designee and not a Building Director. Simple "clean-up" language per City Attorney. Per FEMA. FBFM does not apply to City of Miami Beach. CTP inserted per FEMA. Clean-up language per FEMA. Per FEMA. Cross reference to General standards. Clean-up language per City Attorney and FEMA. (Q ....... (Q 54-48 (2) Subsection letters (a) and (b) noted, revise from "zero foot above" to "plus one foot" in (2)(a) and delete "zero foot above" in (2)(b ). 54-48 (6) Add a reference to "section 54-37" and delete "section 54-36". Refers to Federal Emergency Management Agency as "FEMA" 54-48 (8) Add a reference to "section 54-51 and delete reference to section 54-48." 54-49 Specific (3) Revise "building director or Standards for his/her designee" to A-Zone "Floodplain Administrator." Page 16 This is required by FEMA (44 CFR 60.3), National Flood Insurance Program (NFIP), and the 201 0 Florida Building Code "FBC" section 1612. Also, ASCE 24-05 section 2.3 has the same requirements. Current version refers to the wrong section of the Code. Simple clean-up perFEMA. Current version refers to the wrong section of the Code. Simple clean-up perFEMA. Clean-up per FEMA. In order to be consistent with the requirements of the Florida Building Code, the Floodplain Administrator will be Building Official or his/her designee and not a Building Director. Simple I ,...... ,...... CD 54-50 Standards for (1)-(4) AO-Zones 54-51 Standards for (1) Coastal High Hazard Areas 54-53 Duties of Variance and Appeals Board 54-55 Conditions for (3) Variances Page 17 Delete section regarding AO-Zones. Deleting a reference to "section 54-50." Revise "Building Director or his/her designee" to: "Floodplain Administrator." Revise "Building Director or his/her designee" to: "Floodplain Administrator": delete reference to NFIP biennial report; and agency name change. "clean-up" language per City Attorney. City doesn't have any AO Zones, per FEMA. Section 54-50 was deleted (see above). Clean-up per FEMA. In order to be consistent with the requirements of the Florida Building Code, the Floodplain Administrator will be Building Official or : his/her designee and not Building Director. Simple : "clean-up" language per City Attorney. In order to be consistent with the requirements of the Florida Building Code, the Floodplain Administrator will be Building Official or his/her designee and not Building Director. Simple "clean-up" language per City Attorney. co ....... CD 54-56 Variance Revise "Building Director or Notification his/her designee" to: "Floodplain Administrator." 54-57 Historic Variance Procedure No change. Structures Page 18 In order to be consistent with the requirements of the Florida Building Code, the Floodplain Administrator will be Building Official or his/her designee and not Building Director. Simple "clean-up" language per City Attorney. No Change. 0) ....... CD THIS PAGE INTENTIONALLY LEFT BLANK 680 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Miami Beach City Code Chapter 82, Entitled "Public Property', By Amending Article lv Thereof Entitled "Uses In Public Right-Of-Way", By Amending Section 82-383, Entitled "Permit Fee; Penalties For Late Payments; Review Of Fee," By Amending Subsection (A) There Of To Abate Sidewalk Cafe Fees For Businesses North Of 63rd Street, Through And Including September 30, 2015 And Requiring A Budget Analysis And Review By The City Administration By September 15, 2015; Providing For Repealer, Codification, Severability, And An Effective Date. Key Intended Outcomes Supported: IN/A Item Summary/Recommendation: The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk cafes a $150.00 annual permit fee, plus $20.00 per square foot for the cafe area. The City does not charge Sidewalk'Cafe fees for businesses situated on State Roads because they were outside its jurisdiction. This created a competitive disadvantage for sidewalk cafes on City streets in the North beach Area. In 1998, pursuant to Ordinance No. 98-3146, Sidewalk Cafe fees were abated during the North Shore construction project and for a year after completion as an economic development measure. Pursuant to Ordinance No. 2000-3237 adopted on April 12, 2000, the City Commission extended the fee waiver provisions to September 30, 2001. At its January 15, 2003, the Finance and Citywide Projects Committee (FCWPC) recommended that the City of Miami Beach again waive Sidewalk Cafe fees for all businesses north of 63rd Street and annually review this waiver at budget time, in order to create a more equitable completion and stimulate business for sidewalk cafes in the North Beach Area. On February 26, 2003, the City Commission adopted Ordinance No. 2003-3397 which reinstated the fee waiver provisions subject to a two year budget analysis and review by the Administration. Later that same year, the City Commission adopted Ordinance No. 2003-3423 on July 30, 2003 repealing the Sidewalk Cafe fee abatement provisions. THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE. Advisory Board Recommendation: At its July 19, 2013 meeting, the City Commission heard Item R9P, "A Discussion To Immediately Reinstate The Fee Waiver For Sidewalk Cafes In North Beach" submitted by Commissioner Jerry Libbin, and approved a referral to the Finance and Citywide Projects Committee (FCWPC), and requested that the item be brought back to the City Commission with a proposed Ordinance. In addition, the Commission requested that a new fee abatement program be established for the square footage fee on sidewalk cafe permits issued for locations north of 63ro Street. This item is scheduled to be considered at the September 19, 2013 FCWPC meeting, for the Committee's recommendation and will then be referred back to the full Commission. Financial Information: Source of funds # Amount Account I I 1 Financial Impact Summary: Ci Clerk's Office Le islative Trackin Jay Fink, ext 6319 Si t Director T:\AGENDA\2013\September 11 \Sidewalk cafe ordinance amendment-SUMM.docx MIAMI BEAC·H 681 Approved AGENDA ITEM ___.:.R~s=--Q..~_ DATE _tlf,_,-f ....... f....:..../3~ -------------------------------------, ~ MIAMI BEACH City of Migmi Begch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and DATE: September 11, 2013 SUBJECT: AN ORDINANCE OF THE MA RAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 82, ENTITLED "PUBLIC PROPERTY', BY AMENDING ARTICLE IV THEREOF ENTITLED "USES IN PUBLIC RIGHT-OF-WAY", BY AMENDING SECTION 82-383, ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENTS; REVIEW OF FEE," BY AMENDING SUBSECTION (a) THERE OF TO ABATE SIDEWALK CAFE FEES FOR BUSINESSES NORTH OF 63R 0 STREET, THROUGH AND INCLUDING SEPTEMEBER 30, 2015 AND REQUIRING A BUDGET ANALYSIS AND REVIEW BY THE CITY ADMINISTRATION BY SEPTEMBER 15, 2015; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends approving the Ordinance. BACKGROUND The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk cafes a $150.00 annual permit fee, plus $20.00 per square foot for the cafe area. The City does not charge Sidewalk Cafe fees for businesses situated on State Roads because they were outside its jurisdiction. This created a competitive disadvantage for sidewalk cafes on City streets in the North beach Area. In 1998, pursuant to Ordinance No. 98-3146, Sidewalk Cafe fees were abated during the North Shore construction project and for a year after completion as an economic development measure. Pursuant to Ordinance No. 2000-3237 adopted on April 12, 2000, the City Commission extended the fee waiver provisions to September 30, 2001. At its January 15, 2003, the Finance and Citywide Projects Committee (FCWPC) recommended that the City of Miami Beach again waive Sidewalk Cafe fees for all businesses north of 63rd Street and annually review this waiver at budget time, in order to create a more equitable completion and stimulate business for sidewalk cafes in the North Beach Area. On February 26, 2003, the City Commission adopted Ordinance No. 2003-3397 which reinstated the fee waiver provisions subject to a two year budget analysis and review by the Administration. Later that 682 Sidewalk Cafe Ordinance Amendment-Memo September 11, 2013 Page 2 of2 same year, the City Commission adopted Ordinance No. 2003-3423 on July 30, 2003 repealing the Sidewalk Cafe fee abatement provisions. ANALYSIS At its July 19, 2013 meeting, the City Commission heard Item R9P, "A Discussion To Immediately Reinstate The Fee Waiver For Sidewalk Cafes In North Beach" submitted by Commissioner Jerry Libbin, and approved a referral to the Finance and Citywide Projects Committee (FCWPC), and requested that the item be brought back to the City Commission with a proposed Ordinance. In addition, the Commission requested that a new fee abatement program be established for the square footage fee on sidewalk cafe permits issued for locations north of 63rd Street. This item is scheduled to be considered at the September 19, 2013 FCWPC meeting, for the Committee's recommendation and will then be referred back to the full Commission thereafter. CONCLUSION The Administration recommends approving the Ordinance Attachments: City Code Chapter 82 draft Ordinance ~JF T:IJI.GENDA\2013\September 11 \sidwalk cafe ordinance amendment-MEMO.docx 683 ORDINANCE TO BE SUBMITTED 684 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance OfThe Mayor And City Commission OfThe 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 90-340, Entitled "Recycling Program And Separation Of Recyclable Materials From Solid Waste Stream Required For Multifamily Residences Of Nine (9) Dwelling Units Or More; Owner/Association Liability; Recycling Contractors' Assistance," To Apply To Multifamily Residences Of Two (2) Or More Dwelling Units; 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 Proqram. Item Summary/Recommendation: At the June 6, 2012 City Commission meeting, the City Commission adopted Ordinance No. 2012-3768 mandating that multi-family residences with nine (9) units or more, as well as commercial establishments implement a single-stream recycling program by July 1, 2013. 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. Since January 1, 2013, multifamily and commercial establishments that do not have 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. During this warning period, a number of multifamily residences with between two (2) and eight (8) units questioned whether the law required multifamily residences with eight (8) units or less to have a single-stream recycling program. The ordinance requires that all multifamily residences with nine (9) units or more contract with a private hauler for single-stream recycling service. Multifamily residences with eight (8) units or less have the option to contract with a private solid waste and recycling provider or contract with the City for solid waste and single-stream recycling service. Customers that chose to contract with a private company have more flexibility regarding the service provided, including the number of pick-ups, bin size and collection location (i.e., curbside or back of house). Currently, if multifamily residences with eight (B) or less are not contracted with City for solid waste and recycling service the City Code does not require these buildings to provide a recycling program. At the July 19, 2013 City Commission meeting, it was requested that the Commission consider the Sustainability Committee's recommendation to require multifamily residences that are between two {2) and eight (8) units provide a single-stream recycling program. THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON FIRST READING. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Funds: 1 OBPI Total C1t& Clerk's Off1ce Leg1slatJve Tracking: I Ja Fink ext. 6391 Sign-Offs: Departme ETC T,\AGENDA\2013\September 11\Recycl>ng Ordinance Multifamily Summary,doc MIAMI BEACH 685 Account AGENDA 1TEM ---':-F\..:...5"'---'--'\~'---­ DATE _..!.0(-_.!.f.!.,_f -..wLl:.___ 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 FIRST READING DATE: September 11, 2013 SUBJECT: AN ORDINANCE OF THE MAYO NO 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 ESTABLISHMENTS" BY AMENDING SECTION 90-340, ENTITLED "RECYCLING PROGRAM AND SEPARATION OF RECYCLABLE MATERIALS FROM SOLID WASTE STREAM REQUIRED FOR MULTIFAMILY RESIDENCES OF NINE (9) DWELLING UNITS OR MORE; OWNER/ASSOCIATION LIABILITY; RECYCLING CONTRACTORS' ASSISTANCE," TO APPLY TO MULTIFAMILY RESIDENCES OF TWO (2) OR MORE DWELLING UNITS; PROVIDING FOR REPEALER SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the ordinance on First Reading. BACKGROUND At the June 6, 2012 City Commission meeting, the City Commission adopted Ordinance No. 2012- 3768 mandating that multi-family residences with nine (9) units or more, as well as commercial establishments implement a single-stream recycling program by July 1, 2013. 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. Since January 1, 2013, multifamily and commercial establishments that do not have 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. During this warning period, a number of multifamily residences with between two (2) and eight (8) units questioned whether the law required multifamily residences with eight (8) units or less have a single-stream recycling program. The ordinance requires that all multifamily residences with nine (9) units or more contract with a private hauler for single-stream recycling service. Multifamily residences with eight (8) units or less have the option to contract with a private solid waste and recycling provider or contract with the City for solid waste and single-stream recycling service. Customers that chose to contract with a private company have more flexibility regarding the service provided, including the number of pick-ups, bin size and collection location (i.e., curbside or back of house). Currently, if multifamily residences with eight (8) or less are not contracted with City for solid 686 City Commission Memo -Recycling Ordinance -Multifamily September 11, 2013 Page 2 of2 waste and recycling service the City Code does not require these buildings to provide a recycling program. At the July 19, 2013 City Commission meeting, it was requested that the Commission consider the Sustainability Committee's recommendation to require multifamily residences that are between two (2) and eight (8) units provide a single-stream recycling program. CONCLUSION The Administration recommends that the City Commission approve the ordinance on First Reading and Public Hearing. Attachment: A. Recycling Ordinance Amendments ~S/ESW T:\AGENDA\2013\September 11\Recycling Ordinance Multifamily Memo.doc 687 ORDINANCE TO BE SUBMITTED 688 COMMISSION ITEM SUMMARY First Reading to consider an Ordinance Amendment establishing a stay against issuance of demolition orders or ermits for architecturally si nificant homes outside of historic districts. Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort ut forth b the Cit tore ulate develo mentis "about the ri ht amount." Item Summa /Recommendation: FIRST READING The proposed Ordinance would establish a stay against issuance of demolition orders or permits for architecturally significant homes outside of historic districts. The Administration recommends that the City Commission approve the Ordinance at First Reading and set a Second Reading Public Hearing for October 16, 2013. Adviso Board Recommendation: On August 27, 2013, the Planning Board transmitted the subject Ordinance to the City Commission by a vote of 5 in favor and 2 against (Frank Kruszewski & Jonathon Bel off) .. Financial Information: Source of Funds: D OBPI 1 2 3 Total Financial Impact Summary: Amount Account 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 im act. T:\AGENDA\2013\September 11\Stay Against Demo 1!1on-SUM 1st R MIAMI BEACH 689 Ao~NDA ITIM Rss fkATr. 9-1/·13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gav COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 FIRST READING SUBJECT: STAY AGAINST ISSUANCE OF DE OLITION ORDERS OR PERMITS- ARCHITECTURALLY SIGNIFICANT HOMES OUTSIDE OF HISTORIC DISTRICTS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, TO ADOPT A STAY ON THE ISSUANCE OF ORDERS OR PERMITS FOR THE SUBSTANTIAL OR TOTAL DEMOLITION OF ARCHITECTURALLY SIGNIFICANT HOMES LOCATED OUTSIDE OF HISTORIC DISTRICTS, TO ALLOW FOR THE REVIEW OF CURRENT AND PROPOSED ORDINANCES THAT WOULD PROTECT AGAINST DEMOLITION, AND FOR REVIEW OF INCENTIVE PROGRAMS TO ENCOURAGE RETENTION AND RESTORATION OF SUCH HOMES, PROVIDING FOR DURATION OF STAY THROUGH NOVEMBER 28, 2013, PROVIDING FOR EXTENSIONS, PROVIDING FOR EXCEPTIONS AND REVIEW PROCEDURES, AND PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for October 16, 2013. BACKGROUND On July 17, 2013, the City Commission referred the subject Ordinance to the Planning Board for consideration. On August 27, 2013 the Planning Board reviewed the Ordinance and recommended in favor. ANALYSIS In recognition of Miami Beach's extraordinary inventory of architecturally significant single family homes, the City Commission adopted amendments to the City Code in 2002 and in 2004, intended to provide incentives for property owners to retain and rehabilitate, rather than demolish architecturally significant single family homes constructed prior to 1942. These legislative actions established criteria for the Planning Director or designee to make a determination as to whether a single-family home constructed before 1942 is architecturally significant, and provided a clearly defined process for the review of new homes proposed to replace architecturally significant single-family homes. Specifically, any requests for the total demolition of an 690 Commission Memorandum Stay Against Demolition September 11, 2013 Page 2 of 3 architecturally significant pre-1942 home would require Design Review Board approval for the proposed new construction, as well as the issuance of a building permit for the approved home, prior to the issuance of a demolition permit. The ORB review of new construction where architecturally significant homes are proposed to be demolished has been highly successful in ensuring the successful integration of new construction within the established scale, character and context of existing single family residential neighborhoods. However, over the past few years, staff has seen a very significant increase in the number of total demolition requests for architecturally significant single family homes. Specifically, in 2012 there were 20 requests for total demolition and new construction, while only 21 such requests were submitted over the 7 year period from 2005 thru 2011, as shown below: Year: 2012 2011 2010 2009 2008 2007 2006 2005 Homes Proposed for Total Demolition: 20 3 4 0 5 1 4 4 As more and more of the homes that define very large and significant portions of the City are lost, the character, identity and brand that makes Miami Beach a very special place will, unfortunately, begin to erode. Currently, section 142-108 of the City Code, which governs the review procedures for new construction on properties containing architecturally significant homes, provides some limited incentives for retaining such homes. Through 2011, these incentives seemed to be adequate; however, as has been evidenced by the spike in demolition requests for architecturally significant homes in 2012, more is needed in order to encourage the retention of these homes. In this regard, staff has drafted revisions to Section 142-1 08(g) of the code, in order to create more substantial and tangible incentives for the retention of architecturally significant single family homes. This Ordinance has been endorsed by the Land Use and Development Committee and referred to the Planning Board for consideration on September 23, 2013. In order to try and limit the demolition of Architecturally Significant single family homes, the City Commission referred the proposed Ordinance pertaining to a Temporary Stay on Demolition Permits for 'Architecturally Significant' homes. As proposed, this stay went into effect immediately upon the endorsement of the Planning Board on August 27, 2013 and would stay in effect until November 28, 2013, subject to the approval of the City Commission. Staff believes that the proposed stay is a reasonable mechanism to help ensure that the process for amending the pre-1942 incentive ordinance moves forward without undue delay. PLANNING BOARD REVIEW The Planning Board reviewed the subject Ordinance on August 27, 2013, and transmitted it to the City Commission with a favorable recommendation by a vote of 5 in favor and 2 against (Frank Kruszewski & Jonathon Beloff). 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 691 Commission Memorandum Stay Against Demolition September 11, 2013 Page 3 of 3 impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. CONCLUSION The Administration recommends that the City Commission approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for October 16, 2013. JLMIJMJ/RGUTRM T:\AGENDA\2013\September 11\Stay Against Demolition-MEM 1st Read.docx 692 STAY AGAINST ISSUANCE OF DEMOLITION ORDERS OR PERMITS- ARCHITECTURALLY SIGNIFICANT HOMES OUTSIDE OF HISTORIC DISTRICTS ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, TO ADOPT A STAY ON THE ISSUANCE OF ORDERS OR PERMITS FOR THE SUBSTANTIAL OR TOTAL DEMOLITION OF ARCHITECTURALLY SIGNIFICANT HOMES LOCATED OUTSIDE OF HISTORIC DISTRICTS, TO ALLOW FOR THE REVIEW OF CURRENT AND PROPOSED ORDINANCES THAT WOULD PROTECT AGAINST DEMOLITION, AND FOR REVIEW OF INCENTIVE PROGRAMS TO ENCOURAGE RETENTION AND RESTORATION OF SUCH HOMES, PROVIDING FOR DURATION OF STAY THROUGH NOVEMBER 28, 2013, PROVIDING FOR EXTENSIONS, PROVIDING FOR EXCEPTIONS AND REVIEW PROCEDURES, AND PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach wishes to preserve its unique architectural history and to maintain the structural, historical and architectural integrity of existing structures in the City's residential neighborhoods; and WHEREAS, a significant number of architecturally significant single family homes within the City are located outside of historic districts, and have limited protection from demolition in the current City Code; and WHEREAS, while the City's Design Review Board is authorized to review applications for the demolition of architecturally significant homes built prior to 1942, it does not have the authority to deny a request for demolition of such homes; and WHEREAS, over the past year the number of architecturally significant homes built prior to 1942 that have received approval from the Design Review Board to be demolished has increased dramatically; and WHEREAS, the City Commission has directed the Administration to draft amendments to the land development regulations that provide incentives to encourage the preservation of architecturally significant homes in the City; and WHEREAS, the City Commission has directed the Administration to explore other ways in which the number of architecturally significant homes in the City threatened with demolition can be reduced; and WHEREAS, the City Commission finds that in order to protect the architecturally 693 significant homes that remain from demolition prior to the above legislation being drafted and considered by the various land use boards, affected property owners, the Planning Board and the City Commission, a temporary stay for a period of approximately four months through November 28, 2013 against the issuance of demolition permits for the demolition of such homes, is required; and WHEREAS, the City Commission has considered at its hearing on the request by the Honorable Mayor Matti Herrera Bower's referral to the City Planning Board of the proposed stay, that certain persons and property should be excluded from the stay, to account for recent actions taken without knowledge of this proposed action, and such consideration is included in the amendment below; and WHEREAS, the City of Miami Beach continually seeks to update and clearly define the requirements of the Land Development Regulations of the Code of the City of Miami Beach as they pertain to the consideration and issuance of permits for demolition; and WHEREAS, the amendments set forth below are necessary to accomplish all ofthe above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. A. Establishment of temporary stay in RS-1, RS-2, RS-3 and RS-4 zoning districts. A temporary stay through November 28, 2013 shall be imposed as of the earlier of a favorable recommendation by the Planning Board establishing zoning in progress under City Code section 118-168, or adoption by the City Commission of this ordinance on second reading after public hearing, against the issuance of orders or permits for the substantial or total demolition of architecturally significant homes outside of historic districts, which satisfy the criteria of section 142-1 08 (a) of the City Code, without regard to year of construction. The stay shall be in effect in the RS-1, RS-2, RS-3 and RS-4 zoning districts. The stay shall automatically dissolve on November 28, 2013, unless extended by the City Commission by ordinance. Substantial demolition as used in this Ordinance shall mean that the following portions of a building are proposed to be demolished or removed: 1. More than 25 percent of the front, waterfront side or rear, and/or street side walls; or 2. More than 25 percent of an original concrete first floor slab; or 3. More than 34 percent of the interior side walls. 2 694 B. Exceptions. The stay does not apply to: (1) Anyone who filed an application for development approval with the Planning Department or for permit with the Building Department on or before July 17, 2013; or (2) Anyone who purchased property within the three months prior to July 17, 2013; or (3) Anyone who entered into a contract to purchase property with a deposit in escrow prior to July 17, 2013; or (4) Anyone who establishes equitable estoppel as stated in Florida case law as proven by affidavit and documentation, evidencing the expenditure of funds prior to July 17, 2013 for development of the property, to the satisfaction of the City Attorney; or (5) Anyone who establishes equitable estoppel as provided in City Code Section 118-168, by obtaining a building permit or Design Review Board approval prior to zoning in progress or City Commission adoption of this Ordinance; or (6) Orders of the Building Official for emergency demolition of unsafe structures. C. Review Procedures. In the event the property owner does not qualify under subsection B above for an exception to avoid enforcement of this Ordinance, then the property owner may seek a determination from a court of competent jurisdiction as to whether equitable estoppel otherwise exists. lf, however, a property owner fails to seek a determination from the court, or if the court has made a determination unfavorable to the property owner and such determination is not reversed on appeal, then the City shall fully enforce this Ordinance against the property owner's project. 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. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. 3 695 PASSED AND ADOPTED this __ day of _______ , 2013. ATTEST: CITY CLERK First Reading: Second Reading: \ September 11, 2013 October 16, 2013 Verified by: ________ _ Richard Lorber, AICP Acting Planning Director MAYOR APPROVED AS TO T:'AGENDA\2013\SEPTEMBER 11\STAY AGAINST DEMOLITION-ORD FIRST READ.DOCX 4 696 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Part I, Subpart B, Article lx, Related Special Acts, Of The Miami Beach City Code Entitled "Pension System For Disability And Retirement Of Members Of Police And Fire Departments"; Implementing Provisions Of The 2012-2015 Collective Bargaining Agreements Between The City And Fire Fighters Of Miami Beach, IAFF Local 1510, And Miami Beach Fraternal Order Of Police, William Nichols Lodge No. 8; Amending Section 62 Entitled "Definitions"; Amending Section 63 Entitled "Source Of Monies For Fund; Computation Of Liability; Use And Investment Of Fund"; Amending Section 65 Entitled "Computation Of Creditable Service; Service Record"; Amending Section 66 Entitled "Service And Disability Benefits Generally"; Amending Section 67 Entitled "Cost Of Living Adjustment"; Amending Section 79 Entitled "Deferred Retirement Option Plan"; Amending Section 82 Entitled "Military Service"; Creating A New Section 88 Entitled "Benefits For Members Hired On Or After September 30, 2013, Providing For Severability; Repealing All Ordinances In Conflict Therewith; And Providing For An Effective Date. Item Summa_!Y/Recommendation: First Reading The City ratified a three-year labor agreement covering October 1, 2012 through September 30, 2015 with the IAFF on July 17, 2013. The Administration is presenting an item at the September 11, 2013 City Commission meeting recommending for the City Commission to adopt a resolution to ratify a three-year labor agreement covering the period of October 1, 2012 through September 30, 2015 between the City and the FOP. Included in the individual agreements are significant pension changes for both current and future employees that will yield both short-term and long-term recurring savings. The pension changes include the following for current employees: Final Average Monthly Earnings (FAME) = 3 highest years, Maximum Benefit of 85%, grandfathering anyone who has already exceeded 85% to a maximum of 90%, 5 Year Vesting, Prior Creditable Service only for prior military up to 2 years with a maximum of 6%, Elimination of the ability to utilize accrued leave to purchase additional benefits, maximum overtime not to exceed 300 hours, implementing the retiree cost of living adjustment (COLA) while participating in the 5 year Deferred Retirement Option Plan (DROP) with the ability to receive a one-time leave settlement payout during the last year in the DROP, Benefit Multiplier of 3% for the first 20 years and 4% thereafter, Retirement Age for pre-July 2010 employees= age 47 and for post=July 2010 members= age 48. The changes for new employees hired on or after September 30, 2013 also include: All new hires will become members of the plan immediately upon employment, employee contribution = 10.5% of pensionable earnings, FAME = highest 5 years. In addition, no employee will be permitted to transfer from the general employee's pension plan into the Fire and Police Pension Plan. In addition, the City Commission adopted the Budget Advisory Committee's recommended pension policies and guidelines at the July 17, 2013 City Commission meeting. The relating policies are also included in the proposed amendment to the Fire and Police Pension ordinance. The projected 30-year net present value savings for these changes is estimated at $145 million. The draft Actuarial Impact Statement by Buck Consultants is provided as Attachment 1. Board Recommendation: Financial Information: Source of Amount Funds: 1 FY2012/2013 $0 M FY2013/2014 Reduction of the City's Annual Required Contribution attributed to 2 ($5,666,000) pension changes. 3 FY2014/2015 Reduction of the City's Annual Required Contribution attributed to ($6,034,000) pension changes. OBPI Total ($11 ,700,000) Si n-Offs: Department Director Assistant City Manager MIAMI BEACH 697 AGENDA ITEM DATE RS'T 9-11-£3 -------------------------------------------- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the7 Commission Jimmy L. Morales, City Manager /~ r _f:- September 11, 2013 FIRST READING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PART I, SUBPART B, ARTICLE IX, RELATED SPECIAL ACTS, OF THE MIAMI BEACH CITY CODE ENTITLED "PENSION SYSTEM FOR DISABILITY AND RETIREMENT OF MEMBERS OF POLICE AND FIRE DEPARTMENTS~~; IMPLEMENTING PROVISIONS OF THE 2012-2015 COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY AND FIRE FIGHTERS OF MIAMI BEACH, IAFF LOCAL 1510, AND MIAMI BEACH FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO.8; AMENDING SECTION 62 ENTITLED "DEFINITIONS"; AMENDING SECTION 63 ENTITLED "SOURCE OF MONIES FOR FUND; COMPUTATION OF LIABILITY; USE AND INVESTMENT OF FUND"; AMENDING SECTION 65 ENTITLED "COMPUTATION OF CREDITABLE SERVICE; SERVICE RECORD"; AMENDING SECTION 66 ENTITLED "SERVICE AND DISABILITY BENEFITS GENERALLY"; AMENDING SECTION 67 ENTITLED "COST OF LIVING ADJUSTMENT"; AMENDING SECTION 79 ENTITLED "DEFERRED RETIREMENT OPTION PLAN"; AMENDING SECTION 82 ENTITLED "MILITARY SERVICE"; CREATING A NEW SECTION 88 ENTITLED "BENEFITS FOR MEMBERS HIRED ON OR AFTER SEPTEMBER 30, 2013, PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the ordinance on first reading and set a second reading, public hearing for September 30, 2013. BACKGROUND The City's workforce is divided into seven salary groups: (1} those covered by the American Federation of State, County and Municipal Employees, Local1554 (AFSCME) bargaining unit; (2) those covered by the Communications Workers of America, Local 3178 (CWA} bargaining unit; (3) those covered by the Government Supervisors Association of Florida/OPEIU, Local 100 (GSA) bargaining unit; (4) those covered by the Fraternal Order of Police, William Nichols Lodge No. 8 (FOP) bargaining unit; (5) those covered by the International Association of Fire Fighters, Local 1510 (IAFF) bargaining unit; (6) Unclassified; and (7) "Others" (classified service employees not represented by a bargaining unit}. 698 City Commission Memorandum September 11, 2013 Fire and Police Pension -1st Reading Page 2 of6 On September 30, 2012, the three-year collective bargaining agreement between the City of Miami Beach and the IAFF (covering the period of October 1, 2009 through September 30, 2012) expired. Negotiations for a successor agreement began on September 19, 2012. On July 17, 2013, the City Commission ratified a three-year collective bargaining agreement covering the period of October 1, 2012 through September 30, 2015, between the City of Miami Beach and the IAFF, subject to the IAFF ratifying the agreement among their membership, which if passed, would determine the effective ratification date. Subsequently, on August 7, 2013, the IAFF confirmed the passage of the contract amongst the majority of their voting membership. On September 30, 2012, the three-year collective bargaining agreement between the City of Miami Beach and the FOP (covering the period of October 1, 2009 through September 30, 2012) also expired. Negotiations for a successor agreement began on September 19, 2012. On July 19, 2013, the City Commission ratified a three-year collective bargaining agreement covering the period of October 1, 2012 through September 30, 2015, between the City of Miami Beach and the FOP, subject to the FOP ratifying the agreement among their membership, which if passed, would determine the effective ratification date. However, the agreement ratified by the City Commission included two substantive changes (which were made on the floor and approved by a vote of 6:1) from the terms that were tentatively agreed upon between the negotiation teams for the City and the FOP. These changes included implementing for all members, excluding any current police sergeants or police lieutenants, that the total maximum pension benefit could not exceed eleven percent of the member's salary upon retirement and implementing a voluntary fitness program on a quarterly basis of all FOP members. Based on the changes made on the floor during the City Commission meeting, the FOP and the City renegotiated certain provisions of the contract that was ratified on July 19, 2013. The Administration will be presenting an item at the September 11, 2013 City Commission meeting amending the 2012-2015 FOP collective bargaining agreement that was previously ratified on July 19, 2013. In the adopted FY 2012/13 budget, employee givebacks represented $3.782 million in savings (approximately $3 million in the General Fund) which were to be allocated among the seven salary groups. The methodology to allocate the givebacks for each salary group was the proportionate share of the City's total costs for pension and health benefits for FY 2012/13, as in recent years these have been major personnel expenditure cost drivers. However, to date, no significant savings achieved for FY 2012/13. The prior collective bargaining agreements (October 1, 2009-September 30, 2012) between the City and IAFF and the City and FOP, included a number of pension changes for the Fire and Police Pension Plan that were implemented in 2010; however, these pension changes did not significantly impact existing employees and were insufficient to address the short term and increasing benefit cost which, in recent years, has represented the fastest growing cost in the City's budget. The draft Valuation for the Fire and Police Pension Plan estimates the City's Annual Required Contribution (ARC) payable October 1, 2014 to be $41.5 million. This represents an increase of $2.2 million in the Fire and Police Pension Plan when compared to last year. The City initially proposed the Budget Advisory Committee's (BAG) August 29, 2012 recommendation of a hybrid plan for new and non-vested employees in the Fire and Police Pension Plan. The BAC recommendation was anticipated to save $2.5 million in year one and a $74 million net present value over thirty years based on the October 1 , 201 0 Valuation Report data. The City actuary updated the estimated figures based on the October 1, 2011 Valuation with an estimated savings of $3.6 million in year one. Therefore, the Administration received direction from the City Commission to negotiate changes to the 699 City Commission Memorandum September 11, 2013 Fire and Police Pension -1st Reading Page 3 of6 Fire and Police Pension Plan that would generate a savings of $6 -$8 million from the City's Annual Required Contribution (ARC) in the first year. In addition, any negotiated pension changes would need to yield recurring, annual savings from the City's ARC, as well as a reduction to the Unfunded Actuarial Accrued Liability (UAAL). ANALYSIS After numerous negotiations, the City has reached agreements with both the IAFF and the FOP which include significant pension changes for both current and future employees who participate in the Fire and Police Pension Plan. These changes include the follow: Pension Adjustments/Changes (Note: The effective date for the following proposed changes is September 30, 2013 unless otherwise noted.} • Final Average Monthlv Earnings (FAME)-Effective September 30, 2015, the FAME for current IAFF and FOP bargaining unit employees hired prior to September 30, 2013, will have the average of the three (3) highest years; and future employees hired on or after September 30, 2013 will have the average of the five (5} highest years. • Maximum Bener;t-Currently, the maximum pension benefit for post May 1993 members is 90 percent of pensionable earnings. Effective September 30, 2013, the maximum benefit will be reduced to 85 percent of pensionable earnings for all post May 1993 members. Employees, who as of September 30, 2013, have attained a pension benefit of 85 percent or higher, are eligible to continue to earn the 90 percent maximum benefit. In addition, any police officer member who was hired due to a consent decree shall also be grandfathered and may continue to earn the 90percent maximum benefit. • Vesting -The vesting period was reduced from ten to five years. • Prior Creditable Service-Currently, upon completion of ten years of creditable service (vesting) with the City, employees can purchase prior creditable service of up to two years of full-time public safety service as a public safety officer prior to City employment, up to four years of military service and up to an additional six percent multiplier on the additional creditable service years purchased; however, the maximum benefit purchased shall not exceed twelve percent. Effective September 30, 2013, all bargaining unit employees participating in the Fire and Police Pension Plan will be limited to purchasing only military service for up to two years, at three percent each year for a maximum benefit of six percent. The employee will pay the equivalent of their employee contribution amount in effect at the time of purchase (1 0 percent per year of purchase for employees hired prior to ratification of their respective collective bargaining agreement and 10.5 percent per year of purchase for all new employees hired thereafter). • Probationary Period and Contribution of Pensionable Earnings -All new hires will become members of the Fire and Police Pension Plan effective upon their hire date and will contribute 10.5 percent of their pensionable earnings immediately. • Overlime. O'ff-dutv. Accrued Leave and Other Pays-In the past, employees were able to apply unused sick and/or vacation time for inclusion in their salary for pension purposes at the equivalent rate of their employee pension contribution. For example: for each $100 of unused sick and/or vacation time (at the member's hourly rate), $90 was applied toward their FAME and 700 City Commission Memorandum September 11, 2013 Fire and Police Pension-1st Reading Page 4 of6 $10 contributed to the pension fund. As a result of recent changes in Florida statutes, accrued leave can no longer be used to increase pension benefits and the application of overtime toward their FAME is limited to a maximum of 300 hours. In addition, the definition of salary shall exclude any payments relating to hazardous duty pay, domestic partner tax credit reimbursements, and any payments to police officer members for voluntarily participation in a physical fitness assessment program offered by the City. • Deferred Retirement Option Plan (DROP) and Retiree COLA -Currently bargaining unit employees hired prior to July 14, 2010, receive a 2.5 percent annual retiree COLA, unless they entered the DROP after September 1, 2012, and forfeited the Retiree COLA for years three and four in the DROP. Bargaining unit employees hired on or after July 14, 2010, are eligible to receive a 1.5 percent annual Retiree COLA. Any member who joins the DROP on or after September 30, 2013, will be eligible to receive a Retiree COLA each year that they participate in the DROP. The rate at which the member earns his/her annual Retiree COLA shall be based on hire date (2.5 percent for all pre-201 0 members and 1.5 percent for all post-201 0 members). • DROP and Leave Payouts-Effective October 1, 2013, any bargaining unit member currently participating in the DROP, or who enters the DROP, may elect to request a full or partial payment of earned sick and vacation leave balances up to the maximum amount stipulated in each of the respective collective bargaining agreements and applicable pension ordinance. Eligible employees will have until June 30 of each year to exercise this option, and receive payment during the first pay period ending in October of the same year. Any amount paid out to an employee upon entering the DROP will be deducted from the cap for their maximum leave payout upon leaving the DROP. • Miami Beach Employees' Retirement Plan CMBERPJ Service Transfer-Upon ratification of the collective bargaining agreement, MBERP members will not be eligible to transfer creditable service time from MBERP to the Fire and Police Pension Plan if they are subsequently employed in a classification covered by the IAFF or FOP bargaining units. • Retirement Age-Under the current contracts, employees hired prior to July 14 2010, can retire at either the rule of 70 (age plus creditable years of service) or at age 50. Effective September 30, 2013, employees hired before July 14, 2010, may retire based on the rule of 70 with a minimum age of 47. Employees hired on or after July 14, 2010, may retire based on the rule of 70 with a minimum age of 48. However, because some members who have already purchased additional creditable service may reach the maximum benefit of 85 percent prior to age 47, the City has agreed to allow these members to continue working for the City; however, upon reaching maximum pension benefit, the employee will cease contributing their pension contribution and their FAME will freeze at the same time. 701 City Commission Memorandum September 11, 2013 Fire and Police Pension -1 51 Reading Page 5 of6 • Benefit Multiplier-Effective September 30, 2013, the benefit multiplier for all bargaining unit members shall be three percent for year one through twenty, and four percent per year thereafter. Changes for New Employees Hired After Ratification • Employee Pension Contribution = 10.5% of Pensionable Earnings • FAME = 5 Highest Years • Enter directly into the Fire and Police Pension Plan upon hire date (vs. currently enter upon successful completion of probationary period (12 months for Firefighter and 18 months for Police Officer). According to Buck Consultants, the actuary for the Fire and Police Pension Plan, the aforementioned changes that have been agreed to by both FOP and IAFF are projected to generate savings as follows: ARC Savings Unfunded Liability Savings (in Millions) Qn Millionsl Year1 $5.666 $24.37 Year2 $6.034 $24.25 Year3 $6.391 $23.55 Year4 $7.065 $30.02 YearS $7.988 $34.56 Year6 $8.721 $40.41 Further, the projected 30-year net present value savings for these changes is estimated at $145 million. The draft Actuarial Impact Statement by Buck Consultants is provided as Attachment 1. At the July 17, 2013 City Commission meeting, the City Commission adopted a number of policies and guidelines relating to the City's two pension plans (Attachment 2). Therefore, included in the first reading of the proposed amendments to the Fire and Police Pension ordinance are the following pension policies: • 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. • 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 • 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 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 boards shall be justified to the City Commission. 702 City Commission Memorandum September 11, 2013 Fire and Police Pension -1st Reading Page 6 of6 CONCLUSION The terms and conditions of the ratified three year labor agreement between the City and IAFF and the tentative agreement with the City and FOP includes significant changes to pension benefits for current employees that will result in long-term, recurring pension savings. Based on the Actuarial Impact Statement provided by Buck Consultants (Attachment 1 ), the total pension Plan savings for both Fire and Police which, include changes for future employees will yield a savings of ($5.66 million) in FY 2013/14 and a savings of ($6.034) in FY 2014/15, for a total savings of ($11.694) million over the contact term, and $145 million in net present value savings over thirty years. As previously stated, the City and IAFF ratified a three-year labor agreement effective August 7, 2013. The Administration will be presenting an item to the City Commission recommending adopting a resolution amending the ratified 2012-2015 labor agreement between the City and FOP. At the time of this writing, the FOP has scheduled a vote amongst their membership for the week of September 9, 2013. The certified results of this vote will be provided to the City Commission as soon as they are received by the FOP president. Provided that the City Commission and the FOP ratify the proposed Collective Bargaining Agreement, the Administration recommends approving the ordinance on first reading and setting the second reading public hearing on September 30, 2013, in order to effectuate the pension changes that were agreed upon with both the IAFF and the FOP. Attachment J LM/KGB/SC-T/CMG T \AGENDA\2013\September 11 \Fire and Police Pension 1st Reading Memo.doc 703 ATTACHMENT 1 buckconsultants September 4, 2013 CONFIDENTIAL Ms. Kathie Brooks Assistant City Manager 1700 Convention Center Drive Miami Beach, FL 33139 Dear Kathie: A Xerox Company Actuarial Impact of Proposed Plan Changes to the City Pension Fund for Police Officers and Firefighters in the City of Miami Beach As requested, we have calculated the estimated impact of the proposed changes to the City Pension Fund for Firefighters and Police Officers in the City of Miami Beach (Pension Fund). Summarized below are the proposed plan changes and the cost impact of these changes. The following changes will become effective September 30, 2013 unless otherwise stated below. A combination of the following changes to the Pension Fund: • Amend the Plan's Final Average Earnings calculation, for participants hired prior to July 17, 2013, from the average of the highest 2 years of compensation to the average of the highest 3 years of compensation effective for fiscal years ending after September 30, 2015. • Amend the Plan's Final Average Earnings calculation, for participants hired on or after July 17, 2013, from the average of the highest 3 years of compensation to the average of the highest 5 years of compensation effective for fiscal years ending after September 30, 2015. • Extend the Benefit Accrual Rate of 3% per annum up from 15 years of service to 20 years of service with a 4% multiplier for service greater than 20 years, subject to a maximum pension benefit of 85% of Final Average Earnings. Participants exceeding 85% oftheir pension benefit at September 30, 2013 will be grandfathered at 90%. • Amend the rule of 70 (age plus service) criteria to require participants to also attain age 47, for participants hired prior to July 15, 2010, with the exception of three members. These three members will not be subject to the minimum age requirement under the rule of70. For participants hired after July 14, 2010 the rule of 70 (age plus service) will be amended to require participants to also attain age 48. • Freeze the cost of living adjustment component for salary increases in fiscal years 2012/2013 and 2013/2014 and grant a cost of living adjustment of 3% in fiscal year 2014/2015. 704 Ms. Kathie Brooks September 4, 2013 Page2 • Change the vesting requirement from 10 years of service to 5 years of service. • Eliminate the ability to purchase prior creditable service or additional multiplier except for prior military service up to 2 years at 3% each year for a maximum of 6%. The cost to the employee would be at 10% for those hired prior to July 17, 2013 and 10.5% for those hired on or after July 17, 2013. • Reinstate the annual cost of living adjustment in all years for participants who enter the DROP on or after September 30, 2013. • Eliminate the use of accrued leave to purchase additional benefits and cap the maximum overtime hours that can be used for pensionable pay at 300 hours per Florida statute. • Eliminate the ability to transfer creditable service from the Miami Beach Employees Retirement Plan (MBERP) to the Miami Beach Fire and Police Pension Plan. • Police officer members shall no longer be able to apply overtime, off-duty or any other compensation for the purposes of calculating a member's retirement benefit that yields a benefit in excess of eleven percent (11 %) of the highest annualized pay rate for the same salary rank that the member is in at time of retirement. This provision shall not apply to current Police Sergeants or Police Lieutenants, or Police Officers promoted to the rank of Police Sergeant from the 2013 Certified Police Sergeant Promotional List • Eliminate the probationary period tor new hires to become participants in the pension plan. • Extension of Ranges for Firefighter I, Police Officer, Sergeant of Police and Police Lieutenant effective April 1, 2015 (Proposed Maximum includes the 3% COLA payable on October 1, 2014 and 5% additional Step effective April 1, 2015 for eligible members) Current Current Proposed Proposed Minimum Maximum Minimum Maximum* Firefighter I -45,139.11 74,745.85 45,139.11 80,837.64 Da Shift Police Officer 53,309.01 75,033.33 53,309.01 81,148.55 Police Ser eant 78,748.42 86,852.71 78,748.42 93,931.21 Police 86,852.71 100,532.31 86,852.71 108,725.69 Lieutenant • Any covered employee hired prior to July 14, 20 l 0 who completes a buyback of prior creditable service prior to September 30, 2013 and reaches the maximum pension benefit of 85% prior to reaching age 47, the employee contribution shall cease on the date such employee reaches the 85% maximum pension benefit, and his/her final average monthly earnings (FAME) will be frozen on the same date. 705 Ms. Kathie Brooks September 4, 2013 Page 3 Cost Impact of Plan Changes: The 30 year cost impact of the combined code changes outlined above is outlined in appendix A attached to this letter. Data, assumptions, Methods and Plan Provisions: The calculations contained in this study are based on the data, assumptions, methods and plan provisions used for the October 1, 2012 actuarial valuation of the System. The salary scale assumption has been reduced to reflect the cost of living freeze reference above. I am an Enrolled Actuary and meet the qualification standards of the American Academy of Actuaries to render the actuarial opinion contained in this letter. Please note that any changes to Pension Fund would need to be documented in an impact statement and submitted to the State for acceptance. If you have any questions, please do not hesitate to contact me. Sincerely, Jog:-G;.n~:AAA, rcA Director, Consulting Actuary cc: Mr. David Campbell-Buck Consultants/Atlanta Mr. Steward Sainvil -Buck Consultants/ Atlanta P:\Retu~ment\M1ami Beach Fire and Police\2013\Uoion Pncmg\Corresponden«:e\2013 Un1on Negotiat1on Pridngs Results-Scet'laric 5.docx 00993-000 l RET03 706 ........ 0 ........ Appendix A City Pension Fund for Firefighters and Police Officers in the City of Miami Beach Union Pricing Summary Current Year Year1 Year2 Year 3 Year4 Scenario 1A: lncrease/(Decrease) in Normal Cost (1,479,000) (1,574,000) (1,673,000) (1,630,000) (1,897,000) lncrease/(Decrease) in Unfunded Accrued Liability [24,366,000) (24,252,000) (23,554,000) (30,018,000) (34,561,000) lncrease/(Decrease) in Annuol Required Contribution (ARC) [5,666,000) (6,034,000) [6,374,000) (7,021,000) (7,935,000) Net Present Value of 30 Year ARC Changes (145,176,000) Page 1 of 4 YearS Year6 (1,877,000) (1,782,000) (40,411,000) (46,633,000) (8, 721,000) (9,423,000) Year 7 (1,794,000) (52,628,000) (10,215,000) BuckConsultants 7/26/2013 ........ 0 00 Appendix A City Pension Fund for Firefighters and Police Officers in the City of Miami Beach Union Pricing Summary Year 8 Year9 Year 10 Year 11 Yearl2 Scenario lA: lncrease/{Decrease) in Normal Cost (1,694,000) (1,572,000) (1.430,000} {1,534,000) (1,236,000) lncrease/(Decrease) in Unfunded Accrued liability (58,833,000) (64, 738,000) (70,675,000} (76,466,000) (82,522,000) lncrease/(Decrease) in Annual Required Contribution (ARC) (10,936,000) (11,655,000) (12,387,000) (13,408,000) (14,059,000) Net Present Value of 30 Year ARC Changes Page2 of4 Year 13 Year 14 (978,000) (1,093,000) [87,821,000) (92,337,000) [ 14,631,000) (15,718,000) Year 15 (973,000) (97,843,000) (16, 717,000) BuckCons ulta nts 7/26/2013 ........ 0 <0 Appendix A City Pension Fund for Firefighters and Police Officers in the City of Miami Beach Union Pricing Summary Year 16 Year 17 Year 18 Year 19 Year20 Scenario 1A: lncreas~/(D~cr~a;~) in Normal Cost [404,000) (364,000) 209,000 461,000 999,000 lncreas~/(D~creas~) in Unfunded Accrued Liability (102,880,000) [105,617,000) [107,847,000) (107,883,000) [106,848,000) lncrease/(DHrea;e) in Annual Required Contribution (ARC) (17,100,000) [17,888,000) [18,254,000) [18,842,000) [19,068,000) Net Present Value of 30 Year ARC Changes Page 3 of 4 Year 21 Year l2 1,410,000 991,000 (104,00S,OOO) [99,609,000) (19,308,000) [20,330,000) Year 23 1,185,000 [96,317,000) [20,867 ,000) BuckConsultants 7/26/2013 ........ ~ 0 Appendix A City Pension Fund for Firefighters and Police Officers in the City of Miami Beach Union Pricing Summary Year 24 Year25 Year l6 Year 27 Year lB Scenario lA: lncrea~e/(Decrease) in Normal Cast 1,277,000 1,293,000 1,292,000 1,334,000 1,378,000 lncrea~e/(Decrease) in Unfunded Accrued Liability (92,780,000) (88,647,000) (33,961,000) (78,545,000) (72,022,000) Increase/( Decrease) in Annual Required Contribution (ARC) (21,455,000) (22,090,000) (22,693,000) (23,190,000) (23, 5 73,000) Net Present Value of 30 Year ARC Changes Page 4 of4 Year 29 1,409,000 (64,214,000) (23,869,000) Year30 1,436,000 (55,154,000) (24,111,000) BuckConsultant~ 7/26/2013 FIRE AND POLICE PENSION ORDINANCE SHALL BE PROVIDED UNDER SEPARATE COVER 711 THIS PAGE INTENTIONALLY LEFT BLANK 712 R5 -Ordinances R5U Amend Chapter 50 And Chapter 1 02 1. An Ordinance Amending Chapter 50 Of The City Of Miami Beach Code, Entitled "Fire Prevention And Protection," By Amending Section 50-4 Thereof, Entitled "Enforcement By Fire Inspectors; Notice Of Violation," To Add Citations And Implement New Fine Schedule Related To Fire Code Violations; By Amending Section 50-5 Thereof, Entitled "Annual Fire Prevention And Fire Safety Inspection Permit" To Include The Night Inspection Fee Previously Adopted Under Section 102.379 Of The City Code; Providing For Repealer, Severability, Effective Date, And Codification. First Reading 2. An Ordinance Amending Chapter 102 Of The Code Of The City Of Miami Beach, Entitled "Taxation," By Deleting The Nightclub Fee Set Forth In Section 102.379, Entitled "Schedule Of Taxes, Effective October 1, 2009"; Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Requested by the Neighborhood/Community Affairs Committee) (Legislative Tracking: Fire Department) (Item submitted in a separate "Budget Related Items" book} 713 Agenda Item RS 4 Date 9-Jl-13 THIS PAGE INTENTIONALLY LEFT BLANK 714 R5 ~Ordinances RSV An Ordinance Amending Chapter 50 Of The Code Of The City Of Miami Beach, Entitled "Fire Prevention And Protection," By Creating Section 50-8 Thereof, To Be Entitled "Fire Alarms, Regulations, Penalties, Enforcement" To Establish Requirements And Fines For False Fire Alarms; Providing For Repealer, Severability, And An Effective Date. First Reading (Requested by the Finance & Citywide Projects Committee) (Legislative Tracking: Fire DepartmenVPolice Department) (Item submitted in a separate "Budget Related Items" book) 715 Agenda Item Date ~sV 9-1/-j.':l; THIS PAGE INTENTIONALLY LEFT BLANK 716 R5 -Ordinances R5W An Ordinance Amending Appendix A, Entitled "Fee Schedule" For Subsection (A) Of Section 110-168, Entitled "Sanitary Sewer Service Charge," Of Chapter 110 Of The Miami Beach City Code, Entitled "Utilities," Article IV, Entitled "Fees, Charges, Rates And Billing Procedure"; Division 2 Thereof, Entitled "Rates, Fees And Charges," To Increase The Sanitary Sewer Service Charge Imposed By The City; Providing For Codification, Repealer, Severability, And An Effective Date. First Reading (Requested by the Finance & Citywide Projects Committee) (Legislative Tracking: Public Works) (Item submitted in a separate "Budget Related Items" book) 717 Agenda Item ~S"W Date q-ti-IJ THIS PAGE INTENTIONALLY LEFT BLANK 718 R7 -Resolutions R7A1 Adopt Tentative Ad Valorem Millage for General Operating Purposes A Resolution Adopting: 1) The Tentative Ad Valorem Millage Of 5.8909 Mills For General Operating Purposes, Which Is Six And Eight-Tenth Percent (6.8%) More Than The "Rolled-Back" Rate Of 5.5158 Mills; And 2) The Debt Service Millage Rate Of 0.2529 Mills; Further Setting The Second Public Hearing To Consider The Millage Rate For Fiscal Year (FY) 2013/14, On Monday, September 30, 2013 At 5:01 p.m. 5:01 p.m. First Reading Public Hearing (Budget & Performance Improvement) {Item submitted in a separate ueudget Related Items" book) 720 Agenda Item Rl AI Date q .... u-t 3 THIS PAGE INTENTIONALLY LEFT BLANK 721 R7 -Resolutions R7A2 Adopt Tentative Budgets For General, G.O., RDA, Enterprise, & Internal Service Funds A Resolution Adopting Tentative Budgets For The General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, And Internal Service Funds For Fiscal Year 2013/14 Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:01 p.m. 5:01 p.m. First Reading Public Hearing (Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) 722 Agenda Item f<7 A 'L Date '1-11-13 , THIS PAGE INTENTIONALLY LEFT BLANK 723 R7 -Resolutions R7B1 Adopt Tentative Ad Valorem Millage for Normandy Shores Local Government A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood Improvement District Adopting The Tentative Ad Valorem Millage Of 1.2687 Mills For Fiscal Year (FY) 2013/14 For The Normandy Shores Local Government District, Which Is Nineteen Percent {19.0%) More Than The "Rolled-Back" Rate Of 1.0664 Mills Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:02 p.m. 5:02 p.m. First Reading Public Hearing (Budget & Performance Improvement) {Item submitted in a separate "Budget Related Items" book) 724 Agenda Item R7 8/ Date 9-f/..--J 3 THIS PAGE INTENTIONALLY LEFT BLANK 725 R7 ·Resolutions R7B2 Adopt Tentative Operating Budget For Normandy Shores Local Government A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood Improvement District Adopting The Tentative Operating Budget For Fiscal Year (FY) 2013/14 Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:02 p.m. 5:02 p.m. First Reading Public Hearing (Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) 726 Agenda ltem--=-R.:......7_5~Z..­ Date.___.L9--=-/.-L...'/ "...:...l,.e....5 _ THIS PAGE INTENTIONALLY LEFT BLANK 727 R7 -Resolutions R7C Adopt Tentative FY 2013/14-2017/18 Capital Improvement Plan & Capital Budget A Resolution Adopting The Tentative Capital Improvement Plan For Fiscal Years (FY) 2013/14-2017/18 And Adopting The City Of Miami Beach Tentative Capital Budget For (FY) 2013/14 Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:03p.m. 5:03p.m. First Reading Public Hearing (Budget & Performance Improvement) (Item submitted in a separate ''Budget Related Items" book) Agenda Item R 7 c._ Date '/~/ 1-13 728 THIS PAGE INTENTIONALLY LEFT BLANK 729 R7-Resolutions R7D Adopt FY 2013/14 Tentative Budgets For Special Revenue Funds A Resolution Adopting Fiscal Year (FY) 2013/14 Tentative Budgets For Special Revenue Funds For Resort Tax; The 7th Street Parking Garage Operations; The 5th And Alton Parking Garage Operations; Art In Public Places (AiPP), Tourism And Hospitality Scholarship Program, Green/Sustainability Funds, Waste Hauler Additional Services And Public Benefit Contribution Funds, Education Compact Funds, Red Light Camera Funds, And Emergency 911 Funds Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:03p.m. 5:03p.m. First Reading Public Hearing (Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) 730 Agenda Item R '7 P Date '1-11-13 THIS PAGE INTENTIONALLY LEFT BLANK 731 R7 -Resolutions R7E Adopt Tentative FY 2013/14 PTP Budget & South Beach Concurrency Mitigation Funds A Resolution Adopting The Tentative Budget Of $1,200,000 From Fiscal Year 2013/14 People's Transportation Plan Funds And $87,000 From Fiscal Year 2013/14 South Beach Concurrency Mitigation Funds, To Fund The Tentative Operating Budget For The South Beach Local In Miami Beach; And Further Adopting The Tentative Budget Of $301,000 From Fiscal Year 2013/14 People's Transportation Plan Funds For Administrative And Technical Operating Expenditures, As Part Of The Five Percent (5%) Allowable For Administrative Assistance And Technical Assistance Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:03 p.m. 5:03 p.m. First Reading Public Hearing (Public Works) (Item submitted in a separate "Budget Related Items" book) 732 Agenda ltem._R~1_;;E;;;;;.,___ Date--=-Cf--' ... f'-'-1---1~3- THIS PAGE INTENTIONALLY LEFT BLANK 733 R7 • Resolutions R?F Adopt Miami Beach Cultural Arts Council's FY 2013/14 Tentative Budget A Resolution Authorizing The Adoption Of The Miami Beach Cultural Arts Council's Fiscal Year 2013/14 Tentative Budget In The Amount Of $1 ,470,000 Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:03 p.m. 5:03 p.m. First Reading Public Hearing (Tourism, Culture & Economic Development) (Item submitted in a separate "Budget Related Items" book) 734 Agenda Item 81 F Date 9://-L1 ---------------------------------------------------------------------------------- THIS PAGE INTENTIONALLY LEFT BLANK 735 R7 -Resolutions R?G Adopt & Appropriate Tentative Funds For Police Special Revenue Account Budget A Resolution Adopting And Appropriating Funds For The Fiscal Year 2013/14 Police Special Revenue Account Tentative Budget In The Amount Of $75,000 For The Purchase Of Those Items Set Forth In Exhibit "A," And Such Account Funded By Unclaimed Evidence Currently Held In The Police Special Revenue Account Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:03 p.m. 5:03 p.m. First Reading Public Hearing (Police Department) (Item submitted in a separate "Budget Related Items" book) 736 Agenda Item 8 7 G- Date '1-11-13 THIS PAGE INTENTIONALLY LEFT BLANK 737 R7 -Resolutions R7H Adopt & Appropriate Tentative Funds For Police Confiscation Trust Fund Budget A Resolution Adopting And Appropriating Funds For The Police Confiscation Trust Fund Tentative Budget For Fiscal Year 2013/14 In The Amount Of $724,000, To Be Funded From State Confiscated Funds In The Amount Of $235,000 And Federal Justice Confiscated Funds In The Amount Of $489,000, For The Appropriation And Expenditure Of Those Items Set Forth In Exhibit "A," Which Shall Be Funded Through The Police Confiscation Trust Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:03 p.m. 5:03 p.m. First Reading Public Hearing (Police Department) (Item submitted in a separate "Budget Related Items" book) Agenda ltem_....,.R_7_H __ Date 9-11-I 3 -~......;.........:....;::::;.....__ 738 THIS PAGE INTENTIONALLY LEFT BLANK 739 R7 -Resolutions R71 Adopt/Appropriate Tentative Funds For Police Training/School Resources Fund Budget A Resolution Adopting And Appropriating Funds For The Fiscal Year 2013/2014 Police Training & School Resources Fund Tentative Budget In The Amount Of $35,000 Subject To A Second Public Hearing Scheduled On Monday, September 30, 2013 At 5:03p.m. 5:03 p.m. First Reading Public Hearing (Police Department) (Item submitted in a separate "Budget Related Items" book) Agenda Item R 1 I. Date '1-11-1:3 740 THIS PAGE INTENTIONALLY LEFT BLANK 741 R7 -Resolutions R?J A Resolution Setting A Public Hearing To Adopt The Second Amendment To The General Fund, Enterprise, Internal Service, And Special Revenue Budgets For FY 2012/13. (Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) 742 Agenda Item R 7 T Date t'(,/1 -13 THIS PAGE INTENTIONALLY LEFT BLANK 743 COMMISSION ITEM SUM MARY Condensed Title: year labor ctober 1, Control costs of a roll includin sala and frin es; ensure ex enditure trends are sustainable over the Jon term. Item Summa /Recommendation: mi Beach On July 19, 2013, the Commission ratified, by a vote of six to one, the tentative agreement between the City of Mia and the FOP with two amendments from the dais: (1) reducing additional pension benefits to 11% of an employee excluding current sergeants and lieutenants, as opposed to the concession being applicable to new employee tentatively agreed to; and (2) increasing the voluntary physical fitness assessment program from once a year wi payment for a passing score to having the assessment and attendant extra pay take place quarterly, giving emplo 's salary, s only as th a $500 yees who participate successfully the opportunity for an additional $2,000 per year. The FOP counter-proposed that the exclusion carved out for sergeants and lieutenants include the police officers 2013 certified eligible list anticipated to be promoted to sergeant. The agreement is scheduled for ratificatio from the n by the bargaining unit members the week of September 9. justments The tentative agreement covers October 1, 2012, -September 30, 2015. Concessions include: no cost of living ad (COLAs) for 24 months and eliminating certain incentive pays. Pension benefit changes include a benefit multiplier first 20 years and 4% thereafter; maximum pension benefit of 85 percent; 5 year vesting period, final average earnings (FAME) highest 3 years; normal retirement based on rule of 70 with minimum age 47 (age 48 for post-20 elimination of the option to purchase creditable service excluding military time; state imposed limitations of 300 overtime and elimination of accrued leave to purchase additional benefits. Pension plan changes far future barga employees include: increasing the pension contribution from 10% to 10.5% of pensionable pay; increasing the FAM of 3% for monthly 10 hires); hours of ining unit E from 3 to the 5 highest years; and automatic membership and contribution into the pension plan upon hire. P agreed 5. Those s include In exchange for an additional step to the officer, sergeant and lieutenant classifications effective 04/01/2015, the FO to concessions that will yield offsetting equivalent savings of approximately $1 million annually as of 09/30/201 savings will offset the annualized impact of the additional step for the mentioned classifications. Concession eliminating state accreditation pay; reducing the quality of life pay from $67.00 to $26.00 per pay period; red Commission of Law Enforcement Accreditation (GALEA) pay from $40 to $20 per pay period; reducing the shift d ucing the ifferential pay by $.25 per hour, reducing of court time minimum guarantee from 4 to 3.5 hours. weekly, a The City agreed to a 3% COLA effective 10/01/2014; a nan-pensionable hazardous duty payment of $100 bi voluntary physical fitness assessment program providing a $500 incentive on a quarterly basis for those who qualify provision sunsets upon expiration of the contract) reestablishing the sick sell back program provision for the te ; (this last rm of the contract; an infectious disease resum tion. Account Status Quo Implementation of pension changes for current and future employe es; sick sell back ro ram; volunta annual fitness incentive ro ram er ear. Assistant City Manager MIAMI BEACH 744 City Manager Jimm L Morales AGENDA ITEM DATE 88) and ars from essment alf of the L1 v i i MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gav TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members~f t e City Commission Jimmy L. Morales, City Manager~ • September 11, 2013 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING THE AMENDED THREE {3) YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8., FOR THE PERIOD FROM OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2015; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ADMINISTRATIVE RECOMMENDATION Adopt the Resolution. BACKGROUND The City's workforce is divided into seven salary groups: (1) those covered by the American Federation of State, County and Municipal Employees, Local 1554 (AFSCME) bargaining unit; (2) those covered by the Communications Workers of America, Local 3178 (CWA) bargaining unit; (3) those covered by the Government Supervisors Association of Florida/OPEIU, Local 100 {GSAF) bargaining unit; (4) those covered by the Fraternal Order of Police, William Nichols Lodge No. 8 (FOP) bargaining unit; (5) those covered by the International Association of Fire Fighters, Local 1510 (IAFF) bargaining unit; (6) Unclassified; and (7) "Others" (classified service employees not represented by a bargaining unit). During the October 1, 2009 -September 30, 2012, collective bargaining process the parties negotiated changes that resulted in employee givebacks of over $15 million between Fiscal Years (FYs) 2009/2010 and 2010/2011 and $20 million when you include in FY 2011/2012 the employee givebacks attributable to those in the unclassified and others salary groups. These givebacks included a number of pension changes applicable to current and future employees who participate in the Miami Beach Employees' Retirement Plan (MBERP) and resulted in reducing the City's pension contributions immediately and for the long-term. Pension changes for the Fire and Police pension plan were negotiated for implementation in 201 0; however, they were insufficient to address the short-term and increasing benefit costs which, in recent years, has represented the fastest growing cost in the City's budget. The draft valuation for the Fire and Police pension plan estimates the City's Annual Required 745 City Commission Memorandum September 11, 2013 FOP 2012-2015 Ratified Collective Bargaining Agreement Page 2 of 10 Contribution (ARC) payable October 1, 2014, at $41.5 million prior to the 2013-2015 contract changes. This represents an increase of $2.2 million when compared to last year. In the adopted FY 2012/13 budget, employee givebacks represented $3.782 million in savings (approximately $3 million in the General Fund) which were to be allocated among the seven salary groups. The methodology to allocate the givebacks for each salary group was the proportionate share of the City's total costs for pension and health benefits for FY 2012/13, as in recent years these have been major personnel expenditure cost drivers. No savings were achieved from the FOP salary group for FY 2013/14 as negotiations focused on achieving substantial and recurring pension savings. The FOP collective bargaining agreement for October 1, 2009, through September 12, 2012, included employee concessions that provided a savings to the City's budget during the contract period. The employee concessions agreed to by the FOP generated enough savings to address the targeted employee givebacks established for FY 2009/10 and 2011/12. However, the concessions that were negotiated were for an 18-month period and failed to provide the City with significant recurring, long-term savings. FOP's portion of the $3.782 million in employee givebacks for the current fiscal year (FY 2012/13) was $1,396,000. In addition to that target, the Administration was directed by the City Commission to negotiate Fire and Police pension plan changes that would generate $6 to $8 million in saving the first year to the City's Annual Required Contribution (ARC). Negotiated pension changes were also to yield a reduction to the Unfunded Actuarial Accrued Liability (UAAL). On September 30, 2012, the 2009-2012 collective bargaining agreement between the City of Miami Beach and the FOP expired. The City and FOP began meeting in September 2012, and after ten formal negotiation sessions and several informal discussions, on July 5, 2013, the parties reached a tentative three-year agreement covering October 1, 2012, through September 30, 2015. ANALYSIS On July 19, 2013, the Commission ratified, by a vote of six to one, the tentative agreement between the City of Miami Beach and the FOP with two amendments from the dais: (1) reducing additional pension benefits to 11% of an employee's salary, excluding current sergeants and lieutenants, as opposed to the concession being applicable to new employees only as tentatively agreed to; and (2) increasing the voluntary physical fitness assessment program from once a year with a $500 payment for a passing score to having the assessment and attendant extra pay take place quarterly, giving employees who participate successfully the opportunity for an additional $2,000 per year. The FOP counter-proposed that the exclusion carved out for sergeants and lieutenants include the police officers from the 2013 certified eligible list anticipated to be promoted to sergeant. The parties agreed to this proposal. The City initially proposed the Budget Advisory Committee's {SAC) recommendation of a hybrid plan for new and non-vested employees in the Fire and Police pension plan. The SAC's recommendations were anticipated to save $2.5 million in year one and $74 million in net present value over thirty years. Based on the October 1, 2011, Valuation, the City's actuary updated the estimated figures associated with the SAC's recommendations which resulted in an estimated savings of $3.6 million in year one. 746 City Commission Memorandum September 11, 2013 FOP 2012-2015 Ratified Collective Bargaining Agreement Page 3 of 10 The tentative agreement was presented at the July 17, 2013, City Commission meeting even though the FOP had not scheduled the ratification vote for their membership. The tentatively agreed upon terms, including the amendments subsequent to the July 17, 2013, meeting, are provided below. The negotiated terms between the City and the FOP included: Pension Adjustments/Changes The tentative agreement between the City and FOP provides for several pension changes applicable to current and future employees, including the following: • Final Average Monthly Earnings (FAME} -Effective September 30, 2013, the FAME for current FOP bargaining unit employees hired prior to ratification of the agreement will be the average of the three (3) highest years; for employees hired after the FOP membership's ratification date the FAME will be the average of the highest of five (5) years. • Maximum Benefit -Currently, the maximum pension benefit is 90 percent of pensionable earnings. Effective September 30, 2013, the maximum benefit will be reduced to 85 percent of pensionable earnings. Employees, who as of September 30, 2013, have attained the pension benefit of 85 percent or higher, are eligible to continue to earn up to the 90 percent maximum benefit. • Vesting-The vesting period was reduced from ten to five years. • Prior Creditable Service -Currently, upon completion of ten years of creditable service (vesting) with the City, employees can purchase prior creditable service of up to two years of full-time public safety service as a public safety officer prior to City employment; up to four years of military service and up to an additional six percent multiplier on the additional creditable service years purchased. The maximum benefit purchased cannot exceed 12 percent Effective September 30, 2013, bargaining unit employees may purchase only military service for up to two years, at three percent each year for a maximum benefit of six percent. The employee will pay the equivalent of his/her contribution amount in effect at the time of purchase (1 0 percent per year of purchase for employees hired prior to ratification of this agreement and 10.5 percent per year of purchase for employees hired thereafter). • Probationary Period and Contribution of Pensionable Earnings -All new-hires will become members of the Fire and Police pension plan effective on their hire date and will contribute 10.5 percent of their pensionable earnings. • Overtime. Off-duty and Accrued Leave-In the past, employees were able to apply unused sick and/or vacation time for inclusion in their salary for pension purposes at the equivalent rate of their employee pension contribution. For example: for each $100 of unused sick and/or vacation time (at the member's hourly rate), $90 was applied toward their FAME and $10 contributed to the pension fund. As a result of recent changes in Florida statutes, accrued leave can no longer be used to increase pension benefits and the application of overtime toward the FAME is limited to 300 hours. 747 City Commission Memorandum September 11, 2013 FOP 2012-2015 Ratified Collective Bargaining Agreement Page 4 of 10 • Deferred Retirement Option Plan (DROP) and Retiree COLA-Bargaining unit employees hired prior to July 14, 2010, have a 2.5 percent annual retiree COLA, unless they entered the DROP after September 1, 2012, and forfeited the retiree COLA for years three and four in the DROP. Bargaining unit employees hired on or after July 14, 2010, are eligible for a 1.5 percent annual retiree COLA. Any member who joins the DROP on or after September 30, 2013, will be eligible for the retiree COLA each year they participate in the DROP. The increase associated with the COLA shall be based on the individual employee's hire date (2.5 percent for all pre-2010 members and 1.5 percent for all post-201 0 members). • DROP and Leave Pavouts-Effective October 1, 2013, any bargaining unit member currently participating in the DROP, or who enters the DROP, may elect to request a full or partial payment of earned sick and vacation leave balances up to the maximum amount stipulated in the collective bargaining agreement and applicable pension ordinance. Eligible employees will have until June 30 of each year to exercise this one-time option, and receive payment during the first pay period ending in October of the same year. Any amount paid out to an employee upon entering the DROP will be deducted from the cap of their maximum leave payout upon leaving the DROP. • Miami Beach Emplovees' Retirement Plan (MBERP) Service Transfer-Upon ratification of the collective bargaining agreement, MBERP members will not be eligible to transfer creditable service time from MBERP to the Fire and Police pension plan if they are subsequently employed in a classification covered by the FOP bargaining unit. • Retirement Age-Under the current contract, employees hired prior to July 14 2010, can retire at either the rule of 70 (age plus creditable years of service) or at age 50. Effective September 30, 2013, employees hired before July 14, 2010, may retire based on the rule of 70 with a minimum age of 47. Employees hired on or after July 14, 2010, may retire based on the rule of 70 with a minimum age of 48. Because members who have already purchased additional creditable service may reach the maximum benefit of 85 percent prior to age 47, the City has agreed that upon members reaching maximum pension benefit (prior to normal retirement age 47), the employees shall continue to work until they reach the minimum retirement age. The employees' pension contributions shall cease and they shall also cease earning additional pension benefits toward their FAME. • Benefit Multiplier-Effective September 30, 2013, the benefit multiplier for all bargaining unit members shall be three percent per year for years one through twenty, and four percent per year thereafter. Summary of Changes for Employees Hired on or after July 17. 2013 • Employee pension contribution= 10.5% of pensionable earnings • FAME = five highest years 748 City Commission Memorandum September 11, 2013 FOP 2012-2015 Ratified Collective Bargaining Agreement Page 5 of 10 • Enter directly into the Fire and Police pension plan upon hire date (vs. currently entering upon successful completion of probationary period -18 months for police officer). • Combined overtime pay and compensation for off-duty services included in a member's salary shall not exceed eleven percent of the highest annualized pay rate for the same salary rank the member is in at time of retirement According to Buck Consultants, the Fire and Police pension board actuary, the aforementioned negotiated pension changes with FOP (and IAFF) are projected to generate savings as follows: ARC Savings Unfunded Liability Savings (in Millions) (in Millions) 1--~-----,Y:-:-e_a_r---,-1-----+--$5.666 $24.37 --~~~----~----------~----------~ Year 2 $6.034 $24.25 Year 3 $6.391 $23.55 Year 4 $7.065 $30.02 Year 5 $7.988 $34.56 Year 6 $8.721 $40.41 The projected 30-year net present value savings for these changes is estimated at $145 million. The draft Actuarial Impact Statement by Buck Consultants is provided as Attachment 1. ECONOMIC PROVISIONS In addition to the pension reform agreed upon, the following is a summary of other items tentatively agreed to by the parties. • Cost of Living Adjustment (COLA) • Effective October 1, 2012, there will be no across-the-board wage increases. • Effective October 1, 2013, there will be no across-the-board wage increases. • Effective October 1, 2014, there will be a three percent (3%) across-the-board wage increase that will raise the minimum and maximum of the salary ranges for all classifications covered by the FOP bargaining unit. The FY 2014/15 estimated impact to the City is $811,156. • Step Increases • Effective April 1, 2015, there shall be an additional step added to the maximum of the pay scales for the police officer, sergeant of police and lieutenant of police classifications. • Effective April 1, 2015, any members who on April 1, 2014, were at the maximum of the range of their current classification, will have their salaries adjusted by the newly added step. This increase will adjust the employee's anniversary date to April 1. Thereafter, employees who reach the maximum of their current classifications will be placed into the newly added step effective on their respective anniversary dates. The 749 City Commission Memorandum September 11, 2013 FOP 2012-2015 Ratified Collective Bargaining Agreement Page 6 of 10 estimated impact for FY 2014/15 is $489,882. The annualized impact for FY 2015/16 is $1,003,162. Agreement regarding these additional steps resulted from concessions that resulted in equivalent, recurring savings in order to offset the estimated annualized impact $1,003,162. • Concessions to Offset the Additional Step Added to the Maximum of the Range for Police Officer, Sergeant and Lieutenant Classifications Effective April 1. 2015 • Elimination of State Commission for Florida Law Enforcement accreditation pay effective October 1, 2014. The estimated savings is ($95,680) in FY 2014/15 and each year thereafter. • Reduction of Quality of Life incentive pays from $67.00 to $26.00 biweekly effective October 1, 2014. The estimated annualized savings is ($392,288), in FY 2014/15 and each year thereafter. • Reduction in Commission on Accreditation of Law Enforcement Agencies {GALEA) pay from $40.00 to $20.00 effective September 30, 2015. The estimated annualized savings is ($191 ,360) and will be realized in FY 2015/16 and each year thereafter. • Reduction in shift differential pay by $.25 per hour (midnight shift reduced from $1.00 to $. 75 per hour and afternoon shift reduced from $. 75 to $.50 per hour) effective September 30, 2015. The estimated annualized savings is ($112,994) and will be realized in FY 2015/16 and each year thereafter. • Minimum court time compensation during an employee's off duty hours was reduced from four to three and one half hours effective September 30, 2015. The estimated annualized savings is ($210,840) and will be realized in FY 2015/16 and each year thereafter. It should be noted that the above referenced concessions will be the status quo upon expiration of the collective bargaining agreement September 30, 2015. Therefore, the City will continue to recognize recurring savings based on these concessions unless the City and FOP collectively bargain changes to these concessions. • Annual Sick Sell Back Pilot Program -Effective October 1, 2013, the City will reinstitute a sick leave sell back program. The purpose of this program is to provide an incentive for employee to use less sick leave and increase the "show-up rate". This should result in a reduction in overtime due to staffing shortages and its associated costs. The "show-up rate" has been identified as a significant driver of overtime costs in the Police Department. The sick leave sell back program allows employees to sell back or cash out up to 96 hours, payable in November of each year that the program is in effect, as long as the employee retains a minimum of 360 combined sick and vacation leave hours and meets other requirements outlined in the program. The maximum number of sick leave hours eligible for the sell back shall be reduced by the 750 City Commission Memorandum September 11, 2013 FOP 2012-2015 Ratified Collective Bargaining Agreement Page 7 of 10 equivalent number of sick leave hours the employee used during the applicable annual sell back period; e.g., if an employee used ten hours of sick time, then he/she is eligible to sell back only 86 hours. October 1, 2013, through September 30, 2014, is the first year of the program with payment to qualifying participants in November 2014; year 2 begins with the fiscal year, October 1, 2014, through September 30, 2015, with payment to qualifying participants in November 2015. Based on participation patterns when the program was in effect during the 2006-2009 contract in FY 2013/14, a 50 percent participation rate assumption yields a cost of $593,520 per participant which should be offset by the concomitant reduction in overtime pay ($660,000). The same assumption results in a cost of $669,402 in FY 2014/15 which should be offset by a reduction in overtime costs of ($660,000). The net anticipated impact for FY 2013/14 is a savings of ($66,480) and FY 2014/15 represents a net estimated cost of $9,402. This pilot program will sunset September 30, 2015. The maximum exposure based on 100 percent participation is a cost of $1,187,040 in year 1 attributed to the sell back of sick hours offset by a maximum overtime savings of ($1,320,000). In Year 2, the maximum exposure, also based on 100 percent participation, is a cost of $1 ,338,800 attributed to the sell back of sick hours, offset by a maximum overtime savings of ($1 ,320,000). • Hazardous Duty Pay -Effective April 1, 2015, employees shall receive a biweekly, non- pensionable, payment of $100. The impact to FY 2014/15 is $473,200, with an annualized impact of $946,400 beginning in FY 2015/16. In recent years the State of Florida Division of Retirement has become more flexible in interpreting language agreed to through the collective bargaining process. That said, there still is a risk the State may rule this pay is pensionable. • Voluntary Physical Fitness Incentive Program -Effective October 1, 2013, to promote employee health and well-being, a voluntary program of law enforcement fitness assessments will be conducted on a quarterly basis. The City shall determine the physical fitness standards measured during the assessments and the passing criteria. Employees who elect to participate shall be eligible for a quarterly $500 non-pensionable payment for every quarterly assessment in which they attain a passing score. This program shall end September 30, 2015, unless the Police Chief determines the results justify its continuation. The estimated impact, assuming all members qualify for the quarterly payment each quarter is $736,000 per year, representing a total impact of $1 ,472,000 for the contract period. '*Note: The initial terms of this provision was for the assessment to be offered once per year. At the July 17, 2013 City Commission meeting, an amendment was made on the floor and approved by the City Commission (vote of 6-1) to offer the voluntary assessment on a quarterly basis and the FOP leadership subsequently agreed to present the amendment to its members for ratification. • Infectious Disease Presumption -The City and FOP have agreed that contraction of any of the diseases mentioned herein shall be presumed to have been accidental and suffered in the line of duty, subject to having had a documented incident and other requirements as 751 City Commission Memorandum September 11, 2013 FOP 2012-2015 Ratified Collective Bargaining Agreement Page 8 of 10 outlined in the tentative collective bargaining agreement Effective October 1, 2013, bargaining unit employees will have an infectious disease presumption. This means that if current employees and new-hires comply with the testing requirements and test negative, if they subsequently test positive for Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome (HIV/Aids), Hepatitis, Pulmonary Tuberculosis or Meningococcal Meningitis, the assumptions is that the condition is job related. To be eligible, current employees must submit to post-employment medical screenings and new employees will be tested as part of their routine pre-employment physical. Current employees will be tested at a medical facility selected by the City and on the FOP Health Trust's list of approved providers. The purpose of the test is to determine that there is no evidence of the aforementioned diseases. Findings will be submitted by the testing medical doctor to the City's risk manager. Thereafter, employees will be required to document and report any subsequent exposures in the line of duty. The FOP Health Trust shall incur the costs associated with establishing a baseline medical screening for current employees covered by the Trust. Those who are not members of the Health Trust shall incur the cost of the testing if they want to avail themselves of the presumption at a future date. The City will bear the cost future employee testing by including the baseline testing in the pre-employment medical screening process. Currently, worker's compensation benefits are available to employees who submit appropriate and reasonable proof they were infected in the line of duty. NON-ECONOMIC PROVISIONS • Druq!Aicohol Testing -Last Chance Agreement -The City has agreed to establish an opportunity for a last chance agreement when a member tests positive for either alcohol or illegal/controlled substances under the City's applicable random, post-accident or reasonable suspicion drug/alcohol testing policies. Offering an employee a last chance agreement shall be at the City Manager's sole discretion. Offering an employee a last chance agreement does not preclude the City from taking concurrent disciplinary action or protect the employee from decertification by the Florida Department of Law Enforcement {FDLE). • Promotional Testing • The City recognizes the value of post secondary education and has agreed with the FOP to implement a provision whereby points shall be added to an employee's passing promotional examination score for each completed credit of post secondary education from an accredited institution of higher learning. • The current promotional process requires that a certified promotional eligibility list remain in effect for 18 months, while requiring the City to offer a promotional exam 24 months from the date the promotional eligibility list is certified. Based on this process, there is a gap of six months from expiration of the certified eligibility list to when a new 752 City Commission Memorandum September 11, 2013 FOP 2012-2015 Ratified Collective Bargaining Agreement Page 9 of 10 examination is offered to qualifying employees who wish to apply for a promotion within the Pollee Department. The City and FOP have agreed to extend the expiration of the certified promotional eligibility lists for sergeants and lieutenants from 18 months to 24 months. The City shall start the promotional testing process nine months prior to the expiration of the promotional eligibility Jist(s). • Job Audit of Detention Officer Classification-The City has agreed to conduct a job audit of the detention officer classification. • Establishment of Post Employment Health Program (PEHPJ - A PEHP provides employees with a mechanism to establish a savings account for medical costs when employees retire. Effective October 1, 2013, all FOP bargaining unit members shall begin contributing $25.00 per pay period toward a PEHP. They shall also contribute 10 percent of their leave pay outs upon separation from the City. Jn accordance with Internal Revenue Service (IRS) requirements to be a recognized PEHP, the established contribution rate is mandatory for all bargaining unit members. The City agreed to this benefit as longs as it does not result in any costs to the City. Administrative fees/costs shall be incurred by the FOP Health Trust or PEHP. • Domestic Partnership Tax Credit -The parties agreed that upon ratification of this agreement and for as long as the federal tax code imposes a heavier tax burden upon City employees with domestic partners who elect to purchase dependent medical and dental health insurance over that of their married counterparts, the City will reimburse those employees for the additional tax assessed. The parties further agreed that this reimbursement is non-pensionable income to the employees. As previously stated, on July 19, 2013, the City Commission adopted, by a vote of 6-1 a resolution ratifying the three-year labor agreement. The adopted resolution included two amendments to the tentative agreement. Since these amendments had not been collectively bargained, ratification of the agreement was subject to the FOP leadership accepting the amendments and subsequent ratification by the membership. Specifically, the City Commission amended the tentative agreement that effective upon ratification, combined overtime pay and compensation for off-duty services that are included in a member's salary shall not exceed eleven percent of the highest annualized pay rate for the salary rank the member is in at time of retirement. Current sergeants and lieutenants were to be grandfathered in and would continue to maintain the current benefit provided for in the pension ordinance. {The ordinance currently provides for a maximum additional benefit not to exceed seventy percent of the difference between the member's annualized pay rate at retirement and the highest annualized pay rate for the next higher salary rank.) Subsequent to the July 17, 2013, City Commission meeting, the Administration tentatively agreed to further extend the grandfather exception in the amended contract to include any police officer who is promoted to sergeant prior to expiration of the 2013 promotional eligibility list. Buck Consultants, the Fire and Police pension plan actuary, has confirmed that grandfathering these employees will not have an actuarial impact to the plan. 753 City Commission Memorandum September 11, 2013 FOP 2012-2015 Ratified Collective Bargaining Agreement Page 10 of 10 CONCLUSION The terms and conditions of the proposed three year labor agreement between the City and FOP assumes no financial impact for FY 2012/13; a savings of ($2,873,242) for FY 2013/14; and ($1 ,887,868) for FY 2014/15. The total estimated three year impact is approximately ($4. 76) million. It is important to note that the full annualized value of the voluntary physical fitness assessment if all members were to receive would equate to a cost to the City of $736,000 per year. However, the proposed FY 2013/14 budget assumes that only half will qualify, for an annualized amount of $368,000. The significant changes to pension benefits for current employees will result in long-term, recurring pension savings. Based on the Actuarial Impact Statement provided by Buck Consultants, the total pension plan savings for both Fire and Police which, include changes for future employees, will yield a savings of ($5.66 million) in FY 2013/14 and a savings of ($6.034) in FY 2014/15, for a total savings of ($11 .694) million. Based on percent of payroll, the pension changes agreed to by FOP result in a savings of ($3.6 million) in FY 2013/14 and a savings of ($3.84) in FY 2014/15, for a total savings of ($7.45) million. The FOP has scheduled the bargaining unit ratification vote for the week of September 9, 2013. The City anticipates receiving the results from the membership ratification vote on Friday, September 13, 2013, and will provide the City Commission with the certified results as soon as they are received. The Administration recommends adopting the resolution to ratify the three-year labor agreement with the FOP bargaining unit for the period October 1, 2012, through September 30, 2015, subject to the outcome of the ratification vote by the FOP membership. Attachment JLM/KGB/SC-T/CMG T:\AGENDA\2013\September 11 \FOP\FOP 2012-2015 Labor Agreement Memo.docx 754 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA RATIFYING THE AMENDED THREE YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO.8 (FOP), FOR THE PERIOD FROM OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2015; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. WHEREAS, the City has submitted to the Mayor and City Commission recently negotiated tentative labor agreement between the City and the Fraternal Order of Police, William Nichols Lodge No. 8 (FOP), for employees covered by said agreement covering the period October 1, 2012 through September 30, 2015; and WHEREAS, the previous labor agreement was also for a three-year period covering October 1, 2009, through September 30, 2012; and WHEREAS, on July 17, 2013, the Administration presented a tentative agreement between the City and FOP to the City Commission; and WHEREAS, the City Commission adopted a resolution to ratify the three-year labor agreement by a vote of 6-1 with two amendments from the dais to the terms of the tentative agreement; and WHEREAS, the amendments were not collectively bargained with the FOP, the union needed to accept the amended terms which included: limiting pensionable earnings for the purposes of calculating a member's retirement benefit that yields a benefit not to exceed eleven percent of the member's salary at the time of retirement and excluding any current sergeants or lieutenants upon ratification; and extending the voluntary physical fitness assessment to be offered on a quarterly rather than an annual basis; and WHEREAS, the City and the FOP formally negotiated August 19, 2013, where the FOP accepted the amended terms made by the City Commission and counteroffered that the City Commission extend the grandfather clause concerning maximum pensionable earnings to include any current police officers who are promoted to sergeant prior to the expiration of the 2013 certified police sergeant promotional register; and WHEREAS, the Administration studied and effects on the FOP's counterproposal and determined that it's financial impact to the City over 30 years was not substantial and tentatively agreed to the extension of the grandfather clause subject to Commission approval; and WHERAS, the amended terms require ratification by the City Commission and employees covered by the FOP bargaining unit; and WHEREAS, the full text of the proposed three-year collective bargaining agreement is attached as Exhibit A; and WHEREAS, at the time of this writing, the FOP had not held its ratification vote by employees covered by the bargaining unit; and WHEREAS, the outcome of the ratification vote will be provided to the City Commission under a supplemental memorandum; 755 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the Administration to amend the three (3) year labor agreement with the FOP, Williams Nichol Lodge No.8 for the period covering October 1, 2012, through September 30, 2015, contingent upon ratification by the FOP bargaining unit employees. PASSED AND ADOPTED this_ day of-----' 2013. ATTEST: RAFAEL GRANADO CITY CLERK MATTIE HERRERA BOWER MAYOR APPROVED AS TO fORM & lANGUAGE & FOR EXECUTION T IAGENDA~013\Sep1embec 11\FOP\FOP 2012-2015 U.boc Agceemeot R"~c<;oo.doo w~ tJ/'7/1) C•fy Affor Do•· 756 buck consultants~ July 26, 2013 CONFIDENTIAL Ms. Kathie Brooks Assistant City Manager 1700 Convention Center Drive Miami Beach, FL 33139 Dear Kathie: ;rp·1·:) ~:j ;:·t ~'}1' --~-,--- .• :;~:~::·:·~ \ ;T~·: ~:~· ATTACHMENT 1 A Xerox Company "'·v:~· Actuarial Impact of Proposed Plan Changes to the City PensiouiFnnd for Police Officers and Firefighters in the City of Miami Beacli>:;:;h' " . ··.,:!·j'!J·\ As requested, we have calculated the estimate'c1':{ippact of~~tfie propos~Jjglianges to the City Pension Fund for Firefighters and P<;>lice Officers intll#:qit:yofMiami Beach (P'Wnsion Fund). :_; : .:·:!>:~·;· :. _ ,,~r~,rln~;i~. Summarized below are the proposed pbui dia.tlges and th~ 'c,Q~~Ampact of these changes . .. ;. '!· ~: :i· ~ ,; .i~: i A combination ofthefoJ,owlpg changes tothe Pe1£s1ii11-lfund: ,, .. _ • Amend the PJ~h'~ii~~id~rl:verage Earriingsc~{.2~f~ft{)i):,fqr participants hired prior to July 17, 2013, fro'fli::Jh~ averagJof the highi~jj"i\rears of cornpensation to the average of the highest 3 years'il£ ~;:ompensation effectiye[or fiscal years ending after September 30, 2015.. ." ''1·11 :< ,. ~== ·,_ ".''=:r:::::.:-~;~~: ~~~-~ ·'::-=::Jj:;:_~: !'... _:::::::::_::;, • ~¢n'd tile P("i:n~.$ FinatAverage Earnii:lgs calculation, for participants hired on or after ~~tlty 17, 2013, lro1n.the aV~rage of the highest 3 years of compensation to the average of the highest 5 years 1of()pmpensation effective for fiscal years ending after September 30, • 2015.~;~',. ···:;~_ ··::, 'f.;:::-',. Extend,'tb.e.Benefit Acdrual Rate ~f 3% per arumm up from 15 years of service to 20 years of s~~i9e with a 4% multiplier for service greater than 20 years, subject to a maximum pen~ion be.netit of 85% of Final Average Earnings. Participants exceeding 85% of their periSipn~~tibfit at September 30, 2013 will be grandfathered at 90%. • Amend the rule of 70 (age plus service) criteria to require participants to also attain age 47, for participants hired prior to July 15, 2010, with the exception of three members. These three members will not be subject to the minimum age requirement under the rule of 70. For participants hired after July 14, 2010 the rule of 70 (age plus service) will be amended to require participants to also attain age 48. • Freeze the cost of living adjustment component for salary increases in fiscal years 2012/2013 and 2013/2014 and grant a cost of living adjustment of 3% in fiscal year 2014/2015. 757 Ms. Kathie Brooks July 26, 2013 Page 2 • Change the vesting requirement from 10 years of service to 5 years of service. • Eliminate the ability to purchase prior creditable service or additional multiplier except for prior military service up to 2 years at 3% each year for a maximum of 6%. The cost to the employee would be at 10% for those hired prior to July 17, 2013 and 10.5% for those hired on or after July 17, 2013. • Reinstate the annual cost of living adjustment in all years for participants who enter the DROP on or after September 30, 2013. • Eliminate the use of accrued leave to purchase additional benefits and cap the maximum overtime hours that can be used for pensionable pay at 300 hours per Florida statute. • Eliminate the ability to transfer creditable service from the Miami Beach Employees Retirement Plan (MBERP) to the Miami Beach Fire and Police Pension Plan. • Overtime, off-duty and unused sick and/or vacation leave for current and new entrant Police Officers (excluding police officers currently at the rank of Sergeant or Lieutenant) that can be included in the computation of pensionable pay is limited to 11% of the highest annualized pay rate for the same salary rank of the member at the time of retirement. Police Officers at the rank of Sergeant and Lieutenant at date of ratification of the contract will continue at 70% of the difference between the next highest classification and their current classification • Eliminate the probationary period for new hires to become participants in the pension plan. • Extension of Ranges for Firefighter I, Police Officer, Sergeant of Police and Police Lieutenant effective April 1, 2015 (Proposed Maximum includes the 3% COLA payable on October 1, 2014 and 5% additional Step effective April I, 2015 for eligible members) Current Current Proposed Proposed Minimum Maximum Minimum Maximum* Firefighter I-45,139.11 74,745.85 45,139.11 80,837.64 Day Shift Police Officer 53,309.01 75,033.33 53,309.01 81,148.55 Police Sergeant 78,748.42 86,852.71 78,748.42 93,931.21 Police 86,852.71 100,532.31 86,852.71 108,725.69 Lieutenant • Any covered employee hired prior to July 14, 201 0 who completes a buyback of prior creditable service prior to September 30, 2013 and reaches the maximum pension benefit of 85% prior to reaching age 47, the employee contribution shall cease on the date such employee reaches the 85% maximum pension benefit, and his/her final average monthly earnings (FAME) will be frozen on the same date. 758 Ms. Kathie Brooks July 26, 2013 Page 3 Cost Impact of Plan Changes: The 30 year cost impact of the combined code changes outlined above is outlined in appendix A attached to this letter. Data, assumptions, Methods and Plan Provisions: The calculations contained in this study are based on the data, assumptions, methods and plan provisions used for the October 1, 2012 actuarial valuation of the System. The salary scale assumption has been reduced to reflect the cost of living freeze reference above. I am an Enrolled Actuary and meet the qualification standards of the American Academy of Actuaries to render the actuarial opinion contained in this letter. Please note that any changes to Pension Fund would need to be documented in an impact statement and submitted to the State for acceptance. If you have any questions, please do not hesitate to contact me. Sincerely, Jost-G:::m ~AAA, FCA Director, Consulting Actuary cc: Mr. David Campbell-Buck Consultants/ Atlanta Mr. Steward Sainvil-Buck Consultants/ Atlanta P:\Retircment1Mia.mi Beach Fire and Polu.::e\2013\Umon Pridng'Correspondcncc\201.3 Union Negotiation Prie-ings Results-Scenario S.ducJC 00993-000 l RETD3 759 ........ 0') 0 Appendix A City Pension Fund for Firefighters and Police Officers in the City of Miami Beach Union Pricing Summary Current Year Year 1 Year 2 Yearl Year4 Scenario 1A: lncrease/(Decrease) in Normal Cost (1,479,000) (1,574,000) {1,673,000) (1,630,000) [1,897,000) lncrease/(Decrease) in Unfunded Accrued Liability (24,366,000) (24,252,000) (23,554,000) (30,018,000) (34,561,000) lncrease/[Decrease) in Annual flequired Contribution (ARC) (5,666,000) (6,034,000) (6,374,000) (7,021,000) (7,935,000) Net Present Value of 30 Year AflC Changes (145,176,000) Page 1 of4 YearS Year 6 (1,877,000) (1, 782,000) (40,411,000) (46,633,000) (8, 721,000) (9,423,000) Year7 (1,794,000) (52,628,000) (10,215,000) BuckConsultants 7/2.6/2.013 ........ 0') ~ Appendix A City Pension Fund for Firefighters and Police Officers in the City of Miami Beach Union Pricing Summary YearS Year9 Year 10 Yearll Year 12 Scenario lA: lncrease/(Decrease} in Normal Cost (1,694.000) (1,572,000) {1,430,000) {1,534,000) (1,236,000} lncrease/{Decrease) in Unfunded Accrued Liability (58,833,000) (64, 738,000) {70,675,000) {76,466,000} (82.522,000} lncrease/(DecreasE') in Annual Required Contribution {ARC) (10,936,000) (11,655,000) {12,387,000) {13,408,000) (14,059,000} Net Present Value of 30 Year ARC Changes Page 2 of 4 Yearn Year 14 {978,000} (1,093,000) 1 s 7 ,821, ooo} (92,337,000) (14,631,000} {15,718,000} Vear15 {973,000) (97,843,000) (16, 717,000} BuckConsultants 7/26/2013 ....... 0') f\) Appendix A City Pension Fund for Firefighters and Police Officers in the City of Miami Beach Union Pricing Summary Year 16 Year 17 Year 18 Year 19 Vear2.0 Scenario 1A: lncrease/(Decrease) in Normal Cost (404,000) (364,000) 209,000 461,000 999,000 lncrease/(Decrease) in Unfunded Accrued Liability (102,880,000) (105,617,000) (107,847,000) (107,883,000) (106,848,000) lncrease/(Decrease) in Annual Required Contribution {ARC) (17,100,000) (17,888,000) (18,254,000) (18,842.,000) (19,068,000) Net Present Value of 30 Yeor ARC Changes Poge3 of4 Year 21 Vear2.2. 1,410,000 991,000 (104,005,000) (99,609,000) (19,308,000) (20,330,000) Year2.3 1,185,000 (96,317,000) (20,867,000) BuckConsultants 7/26/2013 ........ 0') w Appendix A City Pension Fund for Firefighters and Police Officers in the City of Miami Beach Union Pricing Summary Year 24 Year 25 Year 26 Year27 Year28 Scenario lA: lncrease/[Decrease) in Normal Cost 1,277,000 1,293,000 1,292,000 1,334,000 1,378,000 lncrease/(Decrease) in Unfunded A~crued Liability (92, 780,000) (88,647,000) (33,961,000) (78,545,000) (72,022,000) lncrease/(Decrease) in Annual Required Contribution (ARC) (21,4SS,OOO) (22,090,000) (22,693,000) (23,190,000) (23,573,000) Net Present Value of 30 Year ARC Changes Page 4 of 4 Year29 1,409,000 (64,214,000) (23,369,000) Year30 1.436,000 (55,154,000) (24,111,000) BuckConsultants 7/26/2013 AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA and MIAMI BEACH FRATERNAL ORDER OF POLICE WILLIAM NICHOLS LODGE NO. 8 Period Covered October 1, 20-0912 through September 30, 204215 764 EXHIBIT A ------------------------------. TABLE OF CONTENTS PAGE NUMBER AGREEMENT & PREAMBLE ..................................................................................................... 1 ARTICLE 1. RECOGNITION .................................................................................................. 2 ARTICLE 2. DEDUCTION OF DUES ..................................................................................... 3 Section 2 .1. Check-off.............................................................................................................. 3 Section 2.2. Legal Services Trust Fund .................................................................................... 4 Section 2.3. Indemnification ..................................................................................................... 4 ARTICLE 3. GRIEVANCE PROCEDURE .............................................................................. 5 Section 3.1. Definition of Grievance and Time Limit for Filing .................................................... 5 Section 3.2. Grievance Procedure................................................................................ 5 Step 1 ................................................................................................... 5 Step 2.................................................................................................. 6 Step 3 ................................................................................................... 6 Section 3.3. Binding Arbitration.................................................................................... 6 Section 3.4. Authority of Arbitrator............................................................................... 6 Section 3.5. Expenses of Arbitration............................................................................ 7 Section 3.6. Processing Grievances........................................................................... 7 Section 3.7. Election of Remedies.............................................................................. 7 Section 3.8. Probationary Period................................................................................ 7 Section 3.9. FOP Grievance Committee ...................................................................... 7 Section 3.1 0. Waiver of Time Limitations or Steps......................................................... 7 ARTICLE 4. NO STRIKE AND NO LOCKOUT ...................................................................... 8 Section 4. 1. No Strike................................................................................................... 8 Section 4.2. No Lockout ............................................................................................... 8 ARTICLE 5. MANAGEMENT RIGHTS ................................................................................... 9 ARTICLE 6. POLICE EQUIPMENT ...................................................................................... 10 ARTICLE 7. HOURS OF WORK AND OVERTIME ............................................................... 11 Section 7.1. Purpose ................................................................................................... 11 Section 7.2. Normal Workweek .................................................................................... 11 Section 7.3. Four-Day Workweek ................................................................................ 11 Section 7.4. Weekly Overtime ..................................................................................... 11 Section 7.5. Distribution of Overtime Opportunity ........................................................ 11 Section 7.6. No Pyramiding .......................................................................................... 12 FOP-ii 765 TABLE OF CONTENTS PAGE NUMBER ARTICLE 8. WAGES AND FRINGE BENEFITS ................................................................... 13 Section 8.1. WagesAcross-the-Board Wage Increases ...................................................... 13 Section 8.2. Police Vehicle Policy ................................................................................ 13 Section 8.3. Compensation Plan .................................................................................. 15 Section 8.4. Step and Longevity Increases .................................................................. 16 Section 8.5. Shift Differential ........................................................................................ 16 Section 8.6. Holidays ................................................................................................... 17 Section 8. 7. Vacation Benefits ..................................................................................... 17 Section 8.8. Sick and Vacation Leave Accrual and Payment on Termination ............... 17 Section 8.9. Bereavement ........................................................................................... 18 Section 8.1 0. Court Time Compensation ............................................................. 18 Section 8.11. Out-Of-Classification Pay ............................................................... 19 Section 8.12. Standby Pay .......................................................................................... 19 Section 8.13. Call-In Pay .................................................................................. 19 Section 8.14. Sunglasses and Prescription Glasses ..................................................... 20 Section 8.15. Field Training Officer. ............................................................................. 20 Section 8.16. Injury Service Connected ....................................................................... 20 Section 8.17. Special Assignment Allowance .............................................................. 21 Section 8.18. Extra Weapon ........................................................................................ 21 Section 8.19. Quality of Life ......................................................................................... 21 Section 8.20. Forced Holdover .................................................................................... 21 Section 8.21. Pension and DROP ................................................................................ 22 Section 8.22. Premium Pay Supplement ...................................................................... 27 Section R2J. ~uybaol< of Probationary Time ............................................................... 27 Section 8.24. "Me Too" with the IAFF .......................................................................... 27 Section 8.25. CJSTC Police Instructor Incentive Pay ................................................... 27 ARTICLE 9. FOP HEALTH TRUST ...................................................................................... 29 Section 9.1 .................................................................................................................... 29 Section 9.2 .................................................................................................................... 31 Section 9.3 .................................................................................................................... 32 Section 9.4 .................................................................................................................... 32 Section 9.5 .................................................................................................................... 32 Section 9.6 .................................................................................................................... 32 Section 9. 7 ................................................................................................................... 33 Section 9.8 ................................................................................................................... 33 Section 9.9. . ................................................................................................ 33 Section 9.10 Post Employment Health Program ............................................................... 33 FOP-iii 766 TABLE OF CONTENTS PAGE NUMBER ARTICLE 10. EDUCATIONAL LEAVE AND TUITION REFUND ................................. 34 ARTICLE 11. GENERAL PROVISIONS Section 11.1. Safety and Health .................................................................................. 35 Section 11.2. FOP Activity and Non-Discrimination ..................................................... 35 Section 11.3. Reduction In Work Force ....................................................................... 35 Section 11.4. Uniforms and Clothing Allowance .......................................................... 35 Section 11.5. Disclosure of Records ............................................................................ 36 Section 11.6. Transfers ............................................................................................... 36 Section 11.7. Meeting Between Parties ........................................................................ 36 Section 11.8. Negotiating Sessions ............................................................................. 37 Section 11.9. Job Descriptions .................................................................................... 37 Section 11.1 0. Defense of Members ............................................................................ 37 Section 11.11. Personnel Rules and Departmental Manual ......................................... 37 Section 11.12. Incorporation of Personnel Rules ......................................................... 37 Section 11 .13. Medical Leave of Absence ................................................................... 37 ARTICLE 12. SEPARABILITY .............................................................................................. 38 ARTICLE 13. TIME BANK ..................................................................................................... 39 ARTICLE 14. DRUG TESTING .............................................................................................. 41 ARTICLE 15. HeART DISEASE PRESUMPTION .................................................................. 42 ARTICLE 16. PROMOTIONS ................................................................................................. 43 Section 16.1 ................................................................................................................. 43 Section 16.2 ................................................................................................................. 43 Section 16.3 ................................................................................................................. 43 Section 16.4 ................................................................................................................. 44 Section 16 .5. Seniority Points ...................................................................................... 44 Section 16.6 Education Points .................................................................................... 44 Section 16.-e.z. Book Committee .................................................................................. 44 Section 16.-7§_. Written Test Scoring ............................................................................ .44 Section 16.S~. Assessment Center or Behavioral Assessment TestComponent Challenges ........................................................................................................ 45 Section 16.910 ........................................................................................................... 485 Section 16.411-G ........................................................................................................... 45 FOP-iv 767 TABLE OF CONTENTS PAGE NUMBER ARTICLE 17. FOP PRESIDENT ............................................................................................. 46 Section 17.1 ................................................................................................................. 46 Section 17.2 ................................................................................................................. 46 Section 17.3 ................................................................................................................. 47 ARTICLE 18. DETENTION OFFICERS REOPENER ............................................................. 48 ARTICLE 19. ENTIRE AGREEMENT .................................................................................. 5249 ARTICLE 20. TERM OF AGREEMENT ................................................................................... 50 ELECTION OF REMEDY FORM ............................................................................................. 51 HEARING EXAMINER RULES .............................................................................................. 52 APPENDIX A-COMPENSATION PLAN .............................................................................. 54 FOP-v 768 AGREEMENT THIS AGREEMENT, made and entered into this day of _____ _ 20.W13, by and between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City"), and the MIAMI BEACH FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8 {herein called the "FOP"). PREAMBLE WHEREAS, the FOP has been selected as the sole and exclusive bargaining representative by a majority of employees in the certified bargaining unit set forth in Article 1 , and has been recognized by the City pursuant to the laws of the State of Florida as the sole and exclusive bargaining representative for said employees; and WHEREAS, it is the intention of the parties to this Agreement to provide in manner which is binding and superior to ordinances and personnel rules of the City, for a salary schedule, fringe benefits, and conditions of employment of the employees covered by this Agreement, and to provide for the continued and efficient operation of the City's Police Department-;-and to provide for an orderly and prompt method of handling and processing grievances; and WHEREAS, the FOP and the City agree to seek and maintain high standards for the operation of the Police Department; NOW, THEREFORE, the parties agree as follows: FOP -1 769 ARTICLE 1 RECOGNITION The City recognizes the FOP as the sole and exclusive bargaining representative for the purpose of wages, hours, and other terms and conditions of employment for employees in the following classifications in the Police Department (hereafter "employees"): Trainees Police Officers Sergeants of Police Lieutenant of Police Detention Officers All other employees in other existing classifications are specially excluded. FOP-2 770 ----------------------------------------------------------------, Section 2.1 -Check-off ARTICLE 2 DEDUCTION OF DUES Upon receipt of a lawfully executed written authorization from an employee which is presented to the City by an official designated by the FOP in writing, the City agrees during the term of this Agreement to deduct biweekly FOP dues of such employees from their pay and remit such deductions to the FOP Treasurer within fourteen (14) calendar days however, such authorization is revocable at the employee's will upon thirty (30) days' written notice to the City and the FOP. The City shall deduct the dues from the FOP members who have authorized such a deduction in the following manner: Each member's biweekly wages shall be reduced by the amount equal to one and one half percent (1.5%) of the annual minimum of the pay range of the Police Officer Classification, divided by twenty-six (26) pay periods. For example: The current annual minimum for the Police Officer Classification is $51 ,756.3653.309.01. $53,309.016,756.36 X .015==$799.6476.34 I 26:::: ~30.76 ~30.76 shall be deducted biweekly from the member's paycheck. The FOP shall be responsible for advising the City of any change in the percentage of dues calculation in writing. The City shall revise the calculation for each authorized deduction whenever a change to the annual minimum of the pay range of the Police Officer Classification is made, or whenever so notified in writing by the FOP of a change in the percentage. The City agrees to use diligence in making prompt delivery of monies owed to the FOP. The charge for dues deductions shall be calculated by multiplying one average run of check-offs by four (4) and multiplying the product by seven cents ($0.07). The City shall notify the FOP of the amount owed no later than September 1 of each year. The FOP shall make payment to the City no later than September 30 of each year. The FOP will notify the City in writing of the exact amount of such uniform membership dues to be deducted. The FOP will notify the City thirty (30) days prior to any change in its dues structure or if there are additions or deletions to the established check-off list. Section 2.2 -Legal Services Trust Fund If the FOP establishes a Legal Services Trust Fund, upon receipt of a lawfully executed written authorization from an employee which is presented to the City by an official designated by the FOP in writing, the City agrees during the term of this Agreement to take biweekly deductions from such employees from their pay and remit such deductions to the Trustee within fourteen (14) calendar days; however, such authorization is revocable at the employee's will upon thirty FOP-3 771 (30) days' written notice to the City and the FOP. There will be no charge to the FOP for Legal Services Trust Fund deductions. The FOP will notify the City in writing of the exact amount of such uniform Legal Services Trust Fund deductions. The FOP will notify the City thirty (30) days prior to any change in the deduction structure or if there are additions or deletions to the established Legal Services Trust Fund deduction structure. Section 2.3-Indemnification The FOP agrees to indemnify and to hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article; provided, that the City will not be indemnified or held harmless for any intentional tort. This indemnification is not intended to cover claims made by, or on behalf of the FOP. FOP-4 772 ARTICLE 3 GRIEVANCE PROCEDURE Section 3.1 -Definition of Grievance and Time Limit for Filing A grievance is a dispute involving the interpretation or application of the express terms of this Agreement, excluding matters not covered by this Agreement; or where Personnel Board rules and regulations are involved; provided that disciplinary actions, including discharges, may be grieved under this Article, as provided herein. See Section 3.7 (Election of Remedies) for procedures to be utilized in particular circumstances. No grievance shall be entertained or processed unless it is submitted within twenty (20) workdays (excluding Saturday, Sunday, or holidays recognized by the City) after the occurrence of the first event giving rise to the grievance or within twenty (20) workdays after the employee, through the use of reasonable diligence, should have obtained knowledge of the occurrence of the first event giving rise to the grievance. Section 3.2 -Grievance Procedure The FOP shall have the right to initiate and process grievances on its own behalf or on behalf of named members of the bargaining unit. However, the FOP shall have the right in its sole discretion not to process grievances on behalf of bargaining unit members who are not members of the FOP, provided it notifies said employee of its decision not to proceed. Grievances shall be processed, individually, as follows: Step 1: The grievance shall be presented, in writing on the Grievance Form supplied by the City, to the employee's unit or division commander or a designated representative, who shall answer within five (5) workdays after such receipt. The employee will also provide the FOP with a copy of said grievance. Step 2: If the grievance is brought by the FOP on its own behalf, or if the grievance is brought on behalf of an individual(s) and is not settled in Step 1 and an appeal is desired, it shall be referred in writing to the Police Chief or his designee. The Election of Remedy Form shall be completed and signed by the FOP and/or the grievant, and attached to the Step 2 grievance. The Police Chief shall discuss the grievance within ten (1 0) workdays with the employee and the FOP grievance committee at a time designated by the Police Chief. If no settlement ls reached, the Police Chief shall give the City's written answer to the employee and the FOP grievance committee within five (5) workdays following their meeting. FOP-5 773 Step 3: If the grievance is not settled in Step 2 and both the employee and FOP grievance committee desire to appeal, or if it is a class grievance filed by the FOP and at least one employee of the named class and FOP grievance committee desire to appeal, it shall be appealed in writing to the City Manager or his designee for Labor Relations within fifteen (15) workdays after the City's answer in Step 2. A meeting between the City Manager or his designee, the employee, and the FOP grievance committee shall be held at the time designated by the City Manager within fifteen (15) workdays. If no settlement is reached, the City Manager shall give City's written answer to the employee and the FOP grievance committee within fifteen (15) workdays following the meeting. Section 3.3-Binding Arbitration If the grievance is not resolved in Step 3 of the grievance procedure, the FOP grievance committee, with the concurrence of the employee who filed the grievance, or if it is a class grievance filed by the FOP, with the concurrence of at least one employee of the named class, or if it is a grievance filed by the FOP on its own behalf, may refer the grievance to binding arbitration within fifteen (15) after receipt of the City's answer in Step 3. The parties shall attempt to agree upon an arbitrator within fifteen (15) workdays after receipt of notice of referral and in the event the parties are unable to agree upon an arbitrator within said fifteen {15), the parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. Both the City and the FOP shall have the right to strike two names. The name remaining after the City strikes shall be the arbitrator. The arbitrator shall be notified of his selection within five (5) workdays by a joint letter from the City and the FOP requesting that he advise the parties of his availability for a hearing. The parties may select a permanent arbitrator in lieu of the selection procedure set forth in this section. Section 3.4-Authority of Arbitrator The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the provisions of this Agreement. He shall consider and decide only the specific issue submitted to him in writing by the City and the FOP, and shall have no authority to make a decision on any other issue not so submitted to him. The arbitrator shall submit in writing his decision within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, provided that the parties may mutually agree in writing to extend said limitation. The decision shall be based solely upon his interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. If the arbitrator acts in accordance with this Section, the decision of the arbitrator shall be final and binding. FOP-6 774 Section 3.5-Expenses of Arbitration The fee and expenses of the arbitrator and the cost of a written transcript shall be divided equally between the City and the FOP; provided, however, each party shall be responsible for compensating its own representatives or witnesses. Section 3.6 -Processing Grievances All grievance discussions and investigations shall take place in a manner which does not interfere with the operation of the Police Department. Any time spent by the Grievance Committee of the FOP in discussions or processing grievances at Step 1, 2, or 3 during their working hours shall not result in a loss of earnings or benefits. Section 3. 7 -Election of Remedies Disciplinary actions may be grieved (1) under the grievance/arbitration provisions contained in this Article or (2) to a Hearing Examiner, who shall be selected by utilizing the procedures outlined in Section 3.3 of this Article. A grievance involving the interpretation or application of this Agreement may be grieved solely under the grievance/arbitration provisions contained in this Article. Grievances regarding certain non-disciplinary matters, such as disagreements as to the waiving or application of changes to personnel rules or other work rules or policies may be filed via the Personnel Board procedures. The decision of the hearing officer shall be final & binding. The cost of a Hearing Examiner shall be borne by the City. Any proceedings before the Hearing Examiner shall be conducted pursuant to the attached Hearing Examiner Rules. Section 3.8-Probationary Period Nothing herein shall in any way affect the discretion presently accorded the Pollee Chief with respect to employees in their probationary period following hire or in their probationary period following promotion. It is specifically understood by the parties that the exercise of the Police Chiefs discretion in this regard shall not in any way be subject to the grievance procedure set forth herein. Section 3.9-FOP Grievance Committee The FOP shall appoint a Grievance Committee of not more than three (3) members, and shall notify in writing the Police Chief and the City Manager's designee for Labor Relations of the name or names of the employee or employees serving on this committee and of any changes in FOP-7 775 the numbers of this committee. The members of this committee may not conduct any investigation while on duty without receiving the permission of the Police Chief, or in his absence, the duly authorized representative acting in his behalf; however, such permission shall not be unreasonably withheld. Department clerical personnel will not be used by the grievance committee in grievance matters. The grievance committee shall not unreasonably use other departmental resources for the purpose of conducting grievance-related work. Section 3.10-Waiver of Time Limitations or Steps The parties may mutually agree in writing to extend any of the time limitations set forth above for the processing of grievances and may also waive any of the intermediate steps of the grievance procedure in writing. FOP-8 776 ARTICLE 4 NO STRIKE AND NO LOCKOUT Section 4.1 -No Strike The parties hereby recognize the provisions of Chapter 447, Florida Statutes, which define strikes, prohibit strikes, and establish penalties in the case of a strike, and incorporate those statutory provisions herein by reference. Section 4.2 -No Lockout The City will not lockout any employees during the term of this Agreement as a result of a labor dispute with the FOP. FOP-9 777 ARTICLE 5 MANAGEMENT RIGHTS It is recognized that except as stated herein, the City shall retain all rights and authority necessary for it to operate and direct the affairs of the City and the Police Department in all of its various aspects, including, but not limited to, the right to direct the work force; to plan, direct, and control all the operations and services of the Police Department; to determine the methods, means, organizations, and personnel by which such operations and services are to be conducted; to assign and transfer employees; to schedule the working hours; to hire and promote; to demote, suspend, discipline or discharge for just cause, or relieve employees due to lack of work or for other legitimate reasons; to make and enforce reasonable rules and regulations; to change or eliminate existing methods, equipment, or facilities; provided, however, that the exercise of any of the above rights shall not conflict with any of the expressed written provisions of this Agreement and that a grievance may be filed alleging such a conflict. The City shall not employ more than thirty-eight (38) Reserve Police Officers. No Reserve Police Officers will be authorized to perform off-duty work as a police officer, unless reasonable efforts to fill an off duty job with bargaining unit member fails. Reserve Officers shall be compensated one dollar ($1.00) per fiscal year. FOP -10 778 ARTICLE 6 POLICE EQUIPMENT The City agrees to continue the current policy of issuing equipment which includes shirts, pants, footwear, leather, department issued weapons, ammunition, handcuffs, expandable batons, light and heavy jackets, rain gear and traffic templates. Additionally, the City will supply an initial issue whistle to all patrol officers. Replacement of whistles shall be at the officer's expense. To the extent that a flashlight is a required article of equipment, the City shall provide it. The City will reimburse employees for the cost of replacement of protective vests up to a maximum of $550.00, when needed. However, effective upon ratification of this Agreement, as long as the City is a recipient of the U.S. Department of Justice Bulletproof Vest Partnership (BVP) Grant, the City will reimburse employees for the cost of replacement of protective vests up to a maximum of $750.00, when needed. If the City is no longer a recipient of the BVP Grant, then the reimbursement rate shall revert back to the $550.00 amount. Necessary ammunition will be issued to each employee every twelve (12) months to guarantee reliability of the ammunition. Retiree Service Weapon A bargaining unit member who retires in good standing from the City shall receive his/her service firearm upon retirement provided that the member does not retire in lieu of termination. The Police Chief (or designee) shall have the right to deny this benefit for any justifiable reason to be approved in conjunctions with the Human Resources Director (or designee). All bargaining unit members who retire due to in-service connected injuries/disabilities regardless of creditable years of service with the City's Police Department shall be eligible to receive their service firearm. FOP -11 779 ARTICLE 7 HOURS OF WORK AND OVERTIME Section 7.1 -Purpose This Article is intended to define the normal hours of work and to provide the basis for the calculation and payment of overtime. It shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week. Section 7.2-Normal Workweek The normal workweek shall consist of forty ( 40) hours per week and such additional time {subject to Section 7.4 and 7.5 below) as may, from time to time, be required in the judgment of the City to serve the citizens of the City. The workweek shall begin with the employee's first regular shift each week. All hours scheduled in the normal workday will be consecutive. An employee called in early in advance of his normal shift starting time will not be sent home early on such day for the purpose of avoiding overtime unless such employee is in agreement with the request to leave early; provided, however, that except as limited by Section 7.3 below, the City shall retain its right to establish and modify normal work schedules. Section 7.3-Four-Day Workweek The City shall extend the present policy of a four {4) day workweek to all employees in the bargaining unit except employees on light duty because of injuries or illness which are not service connected. Employees who suffered a service connected injury or illness and who are permitted to work light duty may work up to thirty-two (32) weeks, measured non-consecutively from the date of injury, on light duty on a 4-10 schedule, or to receive ISC payments for thirty- two {32) weeks, or a combination of both. Thereafter, the officer may be assigned to work a 5-8's shift in a light duty assignment during the pendency of his/her light duty. Positions occupied by employees who are permitted to elect either a 4-10 or a 5-8 work schedule shall continue on that basis. Detention Officers shall continue to work a 5-8 work schedule. Section 7.4-Weekly Overtime For all hours actually worked in excess of forty ( 40) hours during an employee's workweek, the City will pay the employee one and one-half (1-1/2) times the employee's straight time hourly rate of pay. The current practice for calculating hours worked will remain in effect. FOP-12 780 Section 7.5-Distribution of Overtime Opportunity a) Overtime is recognized as being of three (3) general types within the Police Department: 1. Carry-over Overtime -Overtime for work carried over from an employee's regular duty assignment (e.g., uniform officer on arrest; detectives' on-going investigations). "Carry-over Overtime" shall not be subject to equal distribution rules. 2. Staffing Overtime -Overtime due to staffing needs. Staffing Overtime shall be distributed on a rotating basis, as equally as practicably possible, among employees in the particular work unit who are qualified to perform the particular overtime work, by departmental seniority. Employees who are not in the particular work unit or division will not be assigned to Staffing Overtime unless reasonable attempts to assign employees from within the work unit or division have failed. 3. Special Event Overtime -Overtime for planned events or assignments. Special Event Overtime shall be distributed on a rotating basis, as equally as practicably possible, among all sworn employees in the Department who are qualified to perform the particular overtime work, by departmental seniority. b) Records for Staffing Overtime will be maintained at the Platoon or work section level. Records for Special Event Overtime will be maintained at the Department level. c) Pay for overtime work will be paid no later than two (2) full pay periods following the pay period in which the overtime/court attendance slip is submitted and approved by the employee's supervisor. Section 7.6-No Pyramiding Compensation shall not be paid more than once for the same hours with the exception of the assignment of "guaranteed minimum hours" provided for in Section 8.3, entitled Call in Pay; Section 8.W.12.. entitled Court Time Compensation; and/or Off-Duty Assignments as outlined in FOP-13 781 the Department's Standard Operation Procedures (SOP's); or any other guaranteed minimum hours that are established during the term of this Agreement. FOP-14 782 ----------------~--------------------------------------------, ARTICLE 8 WAGES AND FRINGE BENEFITS Section 8.1 -WagesAcross-the-Board Wage Increases a) Effective with the first pay period ending in October of 20_1100, there shall be no across- the-board wage increase. b) Effective with the first pay period ending in October of 201~, there shall be no across- the-board wage increase. c) Effective with the first pay period ending in October of 20114-, there shall be a three (3%) flG across-the-board wage increase. This across-the-board wage increase shall increase the minimums and maximums of the pay ranges for those classifications covered by this Agreement. Effeotive with the first fttll pay period in April 2012, there shall be an across the board wage increase of three percent (3%). Section 8.2-Police Vehicle Policy In an effort to reduce the long-term costs to the City in maintenance, repairs and liability, a take-home vehicle program will continue on a phased-in process to the extent that funds are available in compliance with State and Federal law from the Police Confiscated Fund. Purchase Orders for the purchase of the vehicles for the take-home program shall be issued within 60 days after the receipt of the State of Florida contracted bid prices (estimated in January of each year). Bargaining unit members who are participants in the Take-Home Vehicle Program as of October 1, 1997, shall continue in the Take-Home Vehicle Program as prescribed by the City Commission approved Policy and the Department S.O.P. Thereafter, priority for allocation of take-home cars shall be given to all eligible personnel by Departmental seniority. To defray the operating expense incurred by the City as a result of the non-official use of take- home vehicles, employees shall be assessed a user fee The fee shall be based on the location of their primary residence as shown below: LOCATION Miami Beach Dade County (other than Miami Beach) Broward County Palm Beach County (as limited below) BIWEEKLY FEE -0- $25.00 $30.00 $45.00 or $75.00 Effeotive 'Nith the pay period upon ratification of this l\greement, employees will contribute an additional seven dollars ($7.00) take home vehicle user foo for an eighteen (18) month rolling FOP-15 783 -··-·------------------------------------, period. The additional seven ($7.00) contribution will be added to the take homo vohiele user foe amounts prescribed above. Upon the completion of the eighteen (1 8) month rolling period, the take home user fee will revert back to the take home vehicle user foe that is based en the loeation of the employee's primary residence as provided for above. The take-home vehicle program shall be available to any sworn officer who was hired before July 181h, 2001 [the ratification date of 2000-2003 Agreement] who resides in Miami-Dade or Broward County. Except as stated in this section, the take-home vehicle program shall not be available to any sworn officer who is hired on or after July 18th, 2001 [the ratification date of the 2000-2003 Agreement] (except police applicants in the background process) and resides outside of Miami-Dade County but is available to a sworn officer who is living outside Miami- Dade County and moves back to Miami-Dade County. As of July 2010, there were one hundred ten (11 0) cars allocated in the take home vehicle program for Broward County. Going forward, a number of vehicles to be determined {but no less than one hundred ten (110) vehicles) by the mutual agreement of the Police Chief and the FOP will be allocated for Broward County. The four {4) police officers currently residing in Palm Beach County will be allowed to retain their take home cars and will continue to pay at their current rates (i.e., the $45.00 or $75.00 that applied to each of them respectively per the terms of the 2003-2006 Agreement) for their vehicles. When each one of these four (4) employees separate from City employment, the number of Palm Beach cars will be reduced as each employee leaves. Whenever one {1) of the four (4) Palm Beach County cars is eliminated, the number of Broward County take home cars will be increased by that same number. However, effective with the pay period upon ratification of this Agreement, these employees will contribute an additional seven dollars ($7.00) take- home vehicle user fee for an eighteen (18) month rolling period. The additional seven dollar ($7.00) contribution will be added to the take-home vehicle user fee amounts prescribed above. Upon the completion of the eighteen (18) month rolling period, the take-home user fee will revert back to the take-home vehicle user fee that is based on the location of the employee's primary residence as provided for above. Employees may not park their cars in a location so as to circumvent the restrictions outlined in this section. Section 8.3-Compensation Plan a) Entry Level Pay-Hired on or after October 1, 1997 1. Police Officer FOP -16 784 a) Non-Certified Hire -A newly hired, non-certified Police Officer will be placed in the Police Officer Trainee Step 1 rate of pay while attending the Police Academy and until he/she receives notification of passing the State Certification examination. The pay period following the notification of passing the State Certification examination the bargaining unit employee will be placed in Police Officer Trainee Step 2 rate of pay for the duration of his/her first year of service. Upon completing his/her first year of service, in accordance with Section 5 below, the bargaining unit employee shall be placed in Step A. b) Non-Florida Certified Hire Academy Required - A newly hired, Non-Florida certified Police Officer who is required to attend the Police Academy will be placed in the Police Officer Trainee Step 2 rate of pay while attending the Academy and until he/she receives notification of passing the State Certification examination. The pay period following the notification of passing the State Certification examination, the bargaining unit employee will be placed in Police Officer Trainee Step 3 rate of pay for the duration of his/her first year of service. Upon completing his/her first year of service, in accordance with Section 5 below, the bargaining unit employee shall be placed in Step A. c) Certified Hire with less than one (1) year of experience-A newly hired Police Officer with less than one ( 1) year of experience who is not required to attend the Police Academy shall be placed in the Police Officer Trainee Step 3 rate of pay for his/her first six (6) months of service and Step A for the duration of his/her first year of service. d) Certified Hire with or greater than one (1) year but less than three (3) years of experience -A newly hired Police Officer with or greater than one ( 1) year but less than three (3) years of experience shall be placed in Step A for the duration of his/her first year of service. e) Certified Hire with or greater than three (3) years of experience -A newly hired Police Officer with or greater than three {3) years of experience shall be placed in Step B for the duration of his/her first year of service. FOP-17 785 2. Detention Officer A newly hired Detention Officer will be placed in Step A of the pay scale for the duration of his/her first year of service. b) State Certification Re-examination -In the event a newly hired Police Officer who is required to take the State Certification examination fails to pass said examination, he/she shall be placed on a leave of absence without pay until such time as he/she passes the State Certification examination. Said bargaining unit employee shall sign up for the next scheduled examination in the State of Florida and take the examination at his/her expense. In the event the bargaining unit employee fails the re-examination, his/her employment with the City shall terminate. Section 8.4-Step and Longevity Increases All step and longevity increases shall become effective on the payroll period commencing nearest the employee's anniversary date, as per current practice. A step increase shall be awarded based upon the employee receiving a satisfactory evaluation during that rating period, as per current practice. Effective April 1, 2015. one (1) additional step (Step I) shall be added to the maximum oav range for the classifications of Police Officer, Sergeant of Police and Lieutenant of Police. The additional step will increase the maximum of the range for the aforementioned classifications by five percent (5%). The minimum pay range shall remain as is and there shall be no immediate pay increase for any employees. Those employees at the maximum of the range (Step H) as of April 1. 2014, will move into the new step (Step I) on April 1. 2015, with their anniversary date reflecting April 1. for the sole purpose of their annual performance review. Thereafter. any employee in the aforementioned classifications who is at the maximum step of the range, (Step H), shall be eligible to proceed to Step I upon reaching his or her next anniversary date. Section 8.5-Shift Differential At the time this Agreement was executed, the City maintained three standard shifts of work to- wit: a first shift starting .ill_approximately 11:00 p.m.; a second shift (also called "Day Shift") starting §.Lapproximately 7:00 a.m.; and a third shift (also called "Afternoon Shift") starting_g); approximately 3:00 p.m. For all work by the third shift performed after 3:00 p.m., effective October 1, 2006, the shift differential pay of forty five cents ($.45) per hour shall bo increased to seventy five cents ($.75) per hour, 'Nhioh shall be added to the employee's hourly rate; and effeotive October 1, 200€l, for all '.'l{)rk by the first shift performed after 11 :00 p.m., the shift differential pay of seventy five oents ($.75) per hour shall be insreased to one dollar ($1.00) per hour, 'Nhich shall bo added to the employee's hourly rate. If the City rearranges the shift scheduling or establishes any new shift, shift differential pay shall follow the above below formula based on the time period in which FOP-18 786 a majority of hours are worked by the employee. +RY&;-lff a majority of the non-standard shift hours are after 3:00 p.m., all the shift differential pay for all post 3:00 p.m. hours, effective October 1, 2006, shall be changed to seventy-five cents ($. 75) per hour. If a majority of the non-standard hours are after 11:00 p.m., all the shift differential pay for all post 11:00 p.m. hours, effective October 1, 2006 shall be changed to one dollar ($1.00) per hour. However, effective September 30. 2015, if a majority of the non-standard shift hours are after 3:00 p.m., the shift differential pay for all post 3:00 p.m. hours shall be fifty cents ($.50) per hour, which shall be added the employee's hourly rate; and if a majority of the non-standard hours are after 11:00 p.m., the shift differential pay for all post 11:00 p.m. hours shall be seventy-five cents ($. 75) per hour, which shall be added to the employee's hourly rate. Section 8.6-Hazardous Duty Pay Effective April 1. 2015. all employees covered by this Agreement, shall be eligible to receive Hazardous Duty Pay in the amount of one hundred {$100.00) dollars per pay period. Hazardous Duty Pay shall not be considered as pensionable earnings. Section 8.-67-Holidays Consistent with the City Commission holiday resolution and current department practices, the holiday benefits presently enjoyed by the employees covered by this Agreement shall continue. Employees shall be paid double time for all hours worked on a holiday. Employees whose day off falls on a holiday shall be given another day off if they do not work on that holiday. The following holidays shall be recognized as follows: Holidays New Years Day Independence Day Veterans Day Christmas Day Section 8.+8-Vacation Benefits Recognized Date January 1 July 4 November 11 December 25 Consistent with applicable ordinances, the vacation benefits presently enjoyed by the employees covered by this Agreement shall continue. In the event an employee is not allowed to take a vacation because of scheduling by the City, he will, at the option of the City, either be paid in lieu of vacation time not used, or be allowed to accumulate into the next calendar year pursuant to existing rules governing accumulation. However, in no event shall an employee be penalized by losing accumulated vacation time FOP-19 787 because he was unable to use it because of departmental needs. This Section shall not apply to sick leave accumulation. Section 8.89-Sick and Vacation Leave Accrual and Payment on Termination All employees covered by this Agreement shall, under applicable ordinances, rules, and regulations, be allowed to accrue no more than 500 hours on an annual basis, and, except in accordance with provisions for postponement of vacation leave as set forth in Article 8, Section 7, of this Agreement; be permitted to transfer sick leave in excess of 360 hours to vacation leave at the rate of two days' sick leave to one day vacation leave to be used in the pay period year when transferred; be permitted a maximum payment at time of termination, death, or retirement of, no more than 620 hours vacation leave and one half {1/2) of sick leave to a maximum of 600 hours. a) All members covered under this Agreement shall be entitled to a termination payout of one-half (1/2) of his/her accrued sick leave up to a maximum payout of 600 hours. Section 8.1 0 -Sick Leave Sell Back Program An annual sick leave sell back program, payable on a dollar for dollar basis. has been established and implemented as stated in this section, effective October 1, 2013. The annual sick leave sell back periods shall cover each of the following fiscal years: October 1. 2013, through September 30. 2014; and October 1, 2014, through September 30. 2015. Payments for each annual sick leave sell back period will be made in the last pay period in November after the closing of the applicable sell back period. The sick leave sell back program, inclusive of all provisions stipulated in this section, shall terminate on the expiration date of this agreement. The sick leave sell back program will allow qualified employees to sell back their annual sick leave accrual during the sell back period, minus any sick and emergency vacation leave utilized during the same period, to be reduced on an hour for hour basis. Leave utilized under the Family and Medical Leave Act (FMLA) shall not reduce the sick leave sell back amount. In order to qualify for participation in the sick leave sell back program, employees must: (1) Have been employed by the City throughout the entire sick leave sell back period FOP-20 788 being measured; and (2) Maintain at least three hundred (300) hours of combined accumulated sick and vacation leave, after each sell back date. The sick leave hours sold back as part of this program cannot cause the employee's accumulated sick and vacation leave to descend below the aforementioned minimum established thresholds. /\n ann~:~al sick leave soli baok program (payable on a dollar for dollar basis) \\'ill be established and implemented as stated in this seotion. The annual sick leave "sell back period" shall cover each of tho following fisoal years: October 1, 2005 thro~:~gh September 30, 2006; October 1, 2006 through September :i!O, 2007; October 1, 2007 through September 30, 2008; and October 1, 2008 through September 30, 2009. The payments for each annual sick leave sell back period will be made in the last pay period in November after the close of the applicable sell back period. The sick leave sell back program shall terminate at the end of the fol:lT"th annual sell back period in 2009 (i.e., after the last payment in November of 2009). The sick leave sell back program will allow a EJl:lalifiod employee to sell baok up to a maxim~:~m of 50 hours of siel< leave at the end of eaoh sell back period (i.e., the "soli back date" shall be September :i!O-of each fiscal year sell bacl< period). J..lowever, the maximum number of sic!< leave hours that may be sold baek on each sell back date shall bo reduced by one hour fer each ho1:1r of sicl< leave the employee used during the applicable annual sell baol( period (e.g., if an employee uses 10 hours of sick time he is only eligible to sell back forty (40) hours). In order to qualify fer the sick leave sell back program, the employee must: (1) have been employed by the City throughout the entire sick leave sell back period being meas~:~red (e.g., tho hire date must be more than 12 months before the applicable soli bacl{ date), and (2) the employee m~:~st maintain at least 360 hours of combined accumulated accrual of sicl< and vacation leave after each sell back date (i.e., the sicl;; leave hours sold back as part of this program cannot drop the employee below the combined total of 360 ho~:~rs of accr1:1ed sicl< and vacation leave)._Howevor, this program shall not be in place for the term of this l\greement (October 1, 2000 through September 30, 2012). Section 8.911 -Bereavement When there is a death in the immediate family (mother, father, grandparents, grandchildren, current spouse's parents, brother, sister, current spouse, children or stepchildren or domestic partner as defined in the Domestic Partner Leave Ordinance of an employee), he or she shall be allowed two (2) days off (or four (4) scheduled work days off per death if the funeral is held outside the State of Florida) for each death for the purpose of making arrangements and/or attending the funeral, without loss of pay and without charge to accrued sick leave or vacation days of said employee. In such circumstances, additional time off may be granted at the discretion of the Police Chief, and shall be chargeable to the accrued sick or vacation leave of such employee. Requests for additional time off shall be submitted in writing to the Police Chief. FOP-21 789 Section 8.1240-Court Time Compensation For attendance at court during off-duty hours for purposes related to employment with the City, employees shall be provided with time and one-half pay for such time spent at court with the following minimum hourly guarantees: a) During an employee's off-duty hours, a minimum of four (4) hours per day shall be guaranteed until September 30, 2015, at which time the minimum hours per day shall decrease to three and one-half (3 Y:d hours. However, if an employee's first court appearance begins within one (1) hour of the start of his/her shift or ends within one (1) hour after the end of his/her shift, a minimum of two (2) hours per day shall be guaranteed. b) For the employee's second off-duty appearance in the same day, an additional two (2) hour minimum shall apply after the expiration of four hours (or two hours if the initial two-hour minimum was in effect). c) For the employee's third off-duty appearance in the same day, an additional one (1) hour minimum shall apply after the expiration of six hours (or four hours if the initial two-hour minimum was in effect). d) No Pyramiding. Compensation shall not be paid more than once for the same hours. Section 8.#13-Out-of-Classification Pay When an employee is assigned by the shift commander to perform at the level of a higher rank, he shall be paid for the duration of the assignment at an hourly rate of pay of two dollars ($2.00) higher than his/her regular rate; provided that this shall in no way constitute an obligation to assign an employee to a higher classification under any circumstances and it is recognized that the City retains the right to determine when and for how long an employee will be temporarily assigned to a higher classification. Section 8.4-214-Standby Pay When an employee is placed on standby during off-duty hours by order of the shift commander for the purpose of being available to return to duty to handle emergency crowd control or natural disasters, he will be paid one-half (1/2) of his regular base rate for all standby time up to a maximum of eight (8) full-time hours in a twenty-four (24) hour period, starting with the time he is notified to stand by. Standby remuneration shall cease at the earlier of sixteen (16) hours in a twenty-four (24) hour period or when the employee is notified by order of the shift commander FOP-22 790 that the standby order is rescinded. Standby hours shall not be considered as hours worked for purposes of overtime. Section 8.4315-Call-In Pay An employee who is called in to work outside of his normal tour of duty will be paid a minimum of two (2) hours' compensation at a rate of time and one-half the regular hourly rate, except when contiguous to the employee's regular schedule. Section 8.4416-Sunglasses and Prescription Glasses The City agrees to reimburse employees for the purchase or repair of sunglasses and prescription eyeglasses with a maximum allowable reimbursement of sixty ($60.00) dollars per employee in a twelve (12) month period, when they are lost or damaged while the employee is engaged in active police work such as arrests, pursuit, physical conflict or vehicular accidents. Section 8.-1-517-Field Training Officer When an employee who has completed the field training officer program is assigned to on-duty training of a trainee or new police officer, the field training officer will receive an additional $1.00 per hour for each hour(s) he is assigned to train. However, effective the first pay period of October 2010, those officers assigned by the Police Chief (or his designee(s)) to a Field Training Officer assignment will receive an allowance of $114.94 during each pay period that they are assigned to the Field Training Officer Program, in lieu of the current $1.00/hour (as stated above). The Police Chief, or his designee, in his sole discretion, may assign Officers to Field Training Officer (FTO) assignment. Section 8.4618 -Injury Service Connected (ISC) For two (2) sixteen {16) week periods, the City agrees to compensate any member of the bargaining unit with the difference between the weekly disability workers' compensation benefit received or which the employee is entitled to receive, and his or her regular rate of pay for any time lost from work due to injuries sustained under the following circumstances: a) While on duty and entitled to be paid by the City; or b) While reasonably exercising police officer functions within the City limits of Miami Beach while off duty; or while working a departmentally sanctioned off-duty job; or FOP -23 791 c) While exercising police officer functions when there is a physical danger to a person and the employee takes reasonable action off duty in the state of Florida; or d) When operating a City vehicle, being duly authorized to do so by the City; or while on a reasonably direct travel route to or from work and home in their private vehicle while within the City limits. e) In the circumstances described above (subparagraphs 1 through 4), the City agrees that it is and will consider itself the employer and the employee the City's employee. After the advice and comments of the Police Chief and the FOP President, the City Manager, at his sole discretion, may extend the above described ISC payments beyond thirty-two (32) weeks. This decision is not subject to grievance or arbitration. The approvals for receipt of this compensation as presently required shall be continued. Section BA-719-Special Assignment Allowance Employees assigned on a permanent basis to motorcycles shall receive a special assignment pay of five percent (5%) in accordance with existing practice. Employees assigned to work a 5-8 shift shall receive a special assignment pay of two and one-half percent (2 "!1:2%). Employees who are on 5-8 light duty because of non-service connected injury or illness shall not receive the special assignment pay. Employees who are on 5-8 light duty because of service-connected injury or illness, where the City doctor approves a 40-hour work schedule, and who have demonstrated the ability to work a 40-hour workweek, shall receive the special assignment pay for all hours worked on 5-8's. If the injury service connected light duty employee takes off work and receives ISC payments, the employee will not receive the two and one-half percent (2-1/2%) special assignment pay for time not worked. Section 8.4820 -Extra Weapon Employees will be allowed to carry a concealed, extra weapon while on duty, as approved by the range master. Section BA-921 -Quality of Life The City agrees to continue a Quality of Life Program. The Quality of Life supplement pay shall be $67.00 per pay period for those employees participating in the program. until the first full pay period beginning after October 1, 2014, when the supplement shall decrease to $26.00 per pay period for those employees participating in the program. Effeotive September 30, 2015, the FOP-24 792 supplement pav shall decrease further to $25.00 per pav period for all those employees participating in the program. Effective 'A'ith the first full payroll period beginning after September 30, 2009, a supplement of $57.€0 per pay period for those employees participating in the program. Beginning with the first full payroll period after September 30, 2010, tho supplement 'Nill be increased to a rate of $67.00 per pay period for those employees participating in the program. The Police Chief or his designee shall develop certification requirements which employees must meet to be eligible for any Quality of Life supplement payments. The Quality of Life supplement will be made available to all qualifying Bargaining Unit Members. Section 8.2022-Forced Holdover If an employee is forced to stay beyond the hours of his/her regular shift, such additional hours will be paid at double the regular rate. This provision applies to minimum staffing purposes only and does not include unexpected or special events such as, hurricanes or other acts of God, demonstrations, holiday or special events, etc. Section 8.2324 -Pension The pension benefits as they currently exist shall continue for all Bargaining Unit Members (except Detention Officers who are members of the City's general employees pension plan), except that the City shall amend the pension plan upon ratification of this Agreement, to provide the following benefits for plan members who retire on or after September 30, 2013W (except as otherwise specified below): A. Upon completion of te-Rfive (.§.+G) years of creditable service under the pension system_. members may purchase additional creditable service under the S.§ystem for up to two (2) years of full time public safety sorvioe as a Ia ... ,. enforcement offioor prior to City employment, provided the member is not entitled to receive a benefit for such service under another pension plan, and further provided that tho member may not purchase a oombined total of more than four (4) years of oreditable service for prior p1::1blio safety service and prior military service, in increments of up to three percent (3%) per year of service for a maximum additional multiplier of six percent {6%), purchased at ten (10%) or ten-and-one-half percent ( 1 0.5%) (for new hires required to contribute 10.5% to the plan as set forth in Section G), of pensionable salary for each year of militarv service purchased,"'" The cost for each year of oreditable service for prior publio safety servioe p1::1rohasod shall be the same rate as provided in the plan for the purchase of military service, with the cost prorated for fractional years of service. For purposes of this purchase, an employee may use the value of accrued sick and/or annual leave, valued at the employee's hourly rate at the time of purchase. FOP-25 793 B. Upon completion of 10 years of creditable service under the pension plan, members may also purchase up to an additional six percent (6%) multiplier, in increments of three percent (3%), provided the eombinod total of additional years of creditable service ~urahased pursuant to par=agraph (/\), above, may not exceed tv.~ (2) years if a member purchases an additienal six percent (6%) rnultiplier, or three (3) years if the member purchases an additional three perGOnt (3%) multiplier. The eost for each additional thFOe percent (3%) multiplier purchased shall be the same as the east for each year of prior public safety service or military sorvieo. For purposes of this purchase, an employee may use the vall:le of accrl:led sick and/or ann~:~alloa•Je, 'JalueEI at the employee's hourly rate at the time of purehaso. G,.B. The purchase of additional military service provided in subseation A, above, and the purchase of the additional mb!ltiplier pro•;ideel in subseotion 8, above, must be completed within thirty-six {36} months following September 30, 2010, or v,rithin 36 months following a member's completion of five (5) .:tG-years of creditable service under the pension plan'"-, ·.vhichever oecurs later for the member. If a member does not complete the purchase within the thirty-six f36} month period, he/she shall not be eligible for the purchase in the future. Upon ratification of this agreement, those members who have attained at least five (5) years but no more than ten ( 1 0) years of creditable service, may purchase additional military service as provided for in Section A herein, within thirty-six (36) months. If a member does not complete the purchase within the thirty-six (36) month period. he/she shall not be eligible for the purchase in the future. D. Upon reaching eligibility for normal retirement, a member may elect to apply unb!sed sick and /or vacation time at 1 00% value (along with the 1 0% pension eontribution) for purpose of calculating a member's final average menthly earning, not to exceed the caps presently specified in the Miami ~each Police and Fire Pension OrElinanco. €-,C. Effeative upon ratification of tho 2000 2012 collective bargaining agFOement between the City and the FOP. is contract, a,811 compensation for work performed pursuant to Off-Duty Assignments, as outlined in the Department's Standard Operating Procedures (SOP's), shall be included in a member's salary for pension purposes, and shall be used in the calculation of member contributions and benefits. Provided, in no event shall the value of unused sick and/or vacation time, overtime pay, and/or off-duty pay, cannot exceed the caps presently specified in the Miami Beach Police and Fire Pension Ordinance. Effective upon ratification of this agreement. overtime in excess of three hundred (300) hours per year or payments for unused sick and/or vacation leave may not be included in compensation for pension purposes. ~D. DEFERRED RETIREMENT OPTION PLAN {DROP) FOP-26 794 1. Eligibility-Any active employee member of the Miami Beach Police and Firefighters Pension Plan may enter into the DROP on the first day of any month following the date upon which the employee first became eligible for a normal service retirement, subject to the conditions expressed herein or as modified from time to time. 2. Conditions of Eligibility -Upon becoming eligible to participate in the DROP, an employee may elect to enter that program for a period not to exceed sixty {60>Je months. Notwithstanding, participation may not continue beyond the date when the employee's combined years of creditable service and time in the DROP equals ~ months (:387 months for employees ·.vho wore Plan members prior to July 1, 1 976), exoept for those persons entering the DROP under the v1indow period set forth in Par:agraph 11 belo'A'. Employees 'Nho enter the DROP on or after September 1, 2012 shall be eligible to partioipate for a period not to m<eeed sixty (60) months. ~Jotwithstanding, for those employees entering the DROP on or after September 1, 2012, participation may not continue beyond the date •nhen the employee's combined years of creditable service and time in the DROP equals 376 months (390 ~396 months for members hired prior to July 14. 2010 or 408 for members hired on or after July 14. 2010. for members hired after the r:atification of this oontract). Provided also that participation in DROP shall require the employee to complete and submit the following prior to start of DROP payments. a. Such forms as may be required by the Pension Board of Trustee's Plan Administrator. Election in the DROP is irrevocable once DROP payments begin. b. A waiver and an irrevocable resignation from employment with the actual date of termination being the date designated by the employee as the end of his/her DROP participation. The administration and timing of execution and delivery of the waiver and resignation forms shall meet the requirements of the Age Discrimination in Employment Act and the Older Worker's Benefits Protection Act, as same may be amended from time to time. 3. Conditions of Employment for DROP Participants-Employees shall be subject to termination of employment while in DROP, to the same extent as they were in their pre-DROP status. A person who has elected the DROP remains an employee during the DROP period and receives all the benefits of being an employee during the DROP period, except any form of pension contribution. 4. Effect of DROP Participation - FOP-27 795 a) An employee's credited service and his/her accrued benefit under the Pension Plan shall be determined on the date of his/her election to participate in the DROP first becomes effective. b) The employee shall not accrue any additional credited service while he/she is a participant in the DROP, or after termination of participation in the DROP. c) A DROP participant is not eligible for disability benefits from the Plan. d) An employee may participate in the DROP only once. e) Effective with the start date of an employee's DROP participation, contributions to the Pension Plan by the employee and the normal cost contribution to the Pension Plan by the City, on behalf of the employee, shall cease. 5. Payments to DROP Account-A DROP account shall be created for each member who elects to participate in the DROP. A DROP account shall consist of amounts transferred to the DROP from the Plan, which include the monthly retirement benefits, including any future cost of living increases, that would have been payable had the member elected to cease employment and receive a normal retirement benefit upon commencing participation in the DROP, and earnings on those amounts. Provided, With the exception of those employees who entered the DROP on or after September 1, 2012, through September 29, 2013, and prior to the ratification date of this agreement, shall continue to receive a zero percent (0%) cost of living adjustment for the third (3rd) and fourth (4th) annual adjustment dates, regardless of whether the employee remains in the DROP for the maximum five (5) year period. Provided further, aAny such employee who exits the DROP within six {6) months following the date of DROP entry, shall be eligible for the cost of living adjustment as otherwise provided in the current pension plan. Employees who commence participation in the DROP on or after September 30, 2013,ratification of this Agreement will shall receive a COLA in the third {3rd) and fourth (4th) annual adjustment dates, regardless of whether the employee remains in the DROP for the maximum five (5) year period. 6. DROP Account Earnings -Members may direct their DROP money to any of the investment options offered and approved by the Board. Any losses incurred by the participant shall not be made up by the City or the Pension Plan. The selection of these programs shall be made by the participant on forms provided by the Board. Any and all interest and or earnings shall be credited to the participant's DROP account. FOP-28 796 A member's DROP account shall only be credited or debited with earnings while the member is a participant in the DROP and, depending on the DROP Account Payment Options selected, after the member dies, retires, or terminates employment with the City of Miami Beach. 7. Payment of DROP Account Funds-Upon termination of a member's employment (for any reason, whether by retirement, resignation, discharge, disability, or death), the retirement benefits payable to the member or to the member's beneficiary shall be paid to the member or beneficiary and shall no longer be paid to the member's DROP account. No payments will be made from the DROP account until the member terminates employment. 8. DROP Account Payment Options -Following the termination of a participant's employment, the participant shall select one of the following options to begin to receive payment from his/her DROP account. Said selection shall occur no later than 30 days prior to the end of the DROP participation period or within 30 days following the termination of a participant's employment if said termination of employment occurs prior to the end of the DROP participation period: Lump Sum -All accrued DROP benefits, plus interest, shall be paid from the DROP in a single lump sum payment. Partial Lump Sum-A member designated portion of accrued DROP benefits, plus interest, shall be paid from the DROP in a partial lump sum payment with the remainder being directly rolled over into an eligible retirement plan. Direct Rollover • All accrued DROP benefits, plus interest, shall be paid from the DROP directly to the custodian of an eligible retirement plan. Other method{s) of payment that are in compliance with the Internal Revenue Code and adopted by the Pension Board of Trustees. 9. Death of DROP Participant -If a DROP member dies before his/her account balances are paid out in full, the participant member's designated beneficiary shall have the same rights as the member to elect and receive the pay-out options set forth in Paragraph 8, above. DROP payments to a beneficiary shall be in addition to any other retirement benefits payable to the beneficiary. 10. Administration of DROP Accounts -The Pension Board of Trustees shall make such administrative rules as are necessary for the efficient operation of DROP, but shall neither create any rule that is inconsistent with the legislation creating the Drop, nor any rule that would be a mandatory subject of collective bargaining. FOP-29 797 At all times, the DROP will be administered so that the Plan remains qualified under the Internal Revenue Code and is in compliance with the Internal Revenue Code and applicable laws and regulations. 11. If any provision of this DROP should be found invalid, unlawful, or not enforceable by reason of any existing or subsequently enacted legislation, or by judicial authority, or by an IRS regulation/ruling, the City and the Union agree to meet within 30 days of such determination for the purpose of negotiating a resolution to the invalid provision(s). In the event that provisions of the Internal Revenue Code operate to limit the benefit amount of employee coverage by the pension provision incorporated in this Agreement to an amount less than set forth in the pension Plan then the City and the Union shall negotiate a method to compensate the affected employee for the difference between the normal pension benefit and the limits allowed by the Internal Revenue Code provided that no such resolution shall jeopardize the exempt status of the Plan under the Internal Revenue Code. 12. A member who elects to participate in the DROP shall retain the earned balance of accrued sick and vacation leave as of date of entry into the DROP, and shall continue to earn sick and vacation leave during the DROP period, in accordance with the stipulations set forth in the collective bargaining agreement between the City and FOP. While in the DROP, the member shall have the one-time option of receiving payment for accrued sick and/or vacation leave, up to the maximum payout upon separation of employment allowed by the collective bargaining agreement between the City and FOP, provided that the employee shall retain at least one hundred twenty ( 120) hours of accrued sick leave after such payment. The one-time election to receive payment of leave balances shall be made in any one year of the DROP. by notifying the City no later than June 30 of that year. Payment will be made after the first pay period ending October of the same year. Upon final separation from employment with the City, a member who has participated in the DROP shall be eligible to receive payment for the balance of all accrued sick and vacation leave as of the date of final separation, up to the maximum provided in the collective bargaining agreement as reduced by the prior payout, if any. In no event shall payments for accrued sick or vacation leave be included in a member's earnings for the purposes of the plan. E. Pension benefits for employees hired prior to July 14. 2010; all changes effective September 30, 2013, unless otherwise specified: 1. The benefit multiplier shall be three percent (3%) for each year of creditable service for the first twenty (20) years of service. and four percent (4%) for each year of creditable service after twenty (20) years of creditable service. 2. The normal retirement date shall be as provided in the current pension plan, except that a member must attain the age of 47 to be eligible for "Rule of 70" retirement. FOP-30 798 3. The final average monthly earnings (FAME} shall be based on the member's two (2} highest paid years of creditable service, prior to retirement or separation from employment. Effective September 30, 2015, the FAME shall be based on the member's three (3) highest paid years of creditable service, prior to retirement or separation from employment. 4. The retiree cost of living adjustment {COLA) shall be two and one half percent (2.5%) annually. 5. The maximum pension benefit shall be 85% of pensionable income. with the exception that any member who attains a benefit of 85% of pensionable income or higher, as of September 30, 2013, retains the maximum benefit of 90% of pensionable income. 6. An employee shall be vested after completion of five (5) years of creditable service. 7. Ten percent (1 0%) employee pension contribution. 8. Employees shall no longer be able to apply overtime, off-duty or any other pensionable earnings for the purposes of calculating a member's retirement benefit that yields a benefit in excess of eleven percent (11 %) of the highest annualized pay rate for the same salary rank that the member is in at time of retirement. This provision shall not apply to current Police Sergeants or Police Lieutenants, or Police Officers promoted to the rank of Police Sergeant from the 201 3 Certified Police Sergeant Promotional List. 9. Any covered employee hired prior to July 14. 2010, who completes a buyback of prior creditable service before September 30, 2013 and reaches the maximum pension benefit of 85% prior to reaching age 47. shall cease their contribution toward the pension plan on the date such employee reaches the 85% maximum pension benefit; his or her final average monthly earnings shall be frozen on the same date. F. Pension benefits for employees hired after July 14. 2010, but prior to ratification of this collective bargaining agreement; all changes effective September 30. 2013. unless otherwise specified: 1. The benefit multiplier shall be three percent (3%) for each year of creditable service for the first twenty (20) years of service, and four percent (4%) for each year of creditable service after twenty (20) years of creditable service. 2. The normal retirement date shall be as provided in the current pension plan. except that a member must attain the age of 48 to be eligible for "Rule of 70" retirement. 3. The final average monthly earnings (FAME) shall be based on the Member's three (3) highest paid years of creditable service, prior to retirement or separation from employment. 4. The retiree cost of Hving adjustment (COLA) shall be one and one half percent ( 1.5%) annually. FOP-31 799 5. The maximum pension benefit shall be 85% of pensionable income. 6. An employee shall be vested after completion of five (5) years of creditable service. 7. Ten percent (1 0%) employee pension contribution. 8. Employees shall no longer be able to apply overtime, off-duty or any other pensionable earnings for the purposes of calculating a member's retirement benefit that yields a benefit in excess of eleven percent ( 11%) of the highest annualized pay rate for the same salary rank that the member is in at time of retirement. G. Pension benefits for employees hired after ratification of this collective bargaining agreement: 1. The benefit multiplier shall be three percent (3%) for each year of creditable service for the first twenty (20) years of service. and four percent (4%) for each year of creditable service after twenty (20) years of creditable service. 2. The normal retirement date shall be as provided in the current pension plan. except that a member must attain the age of 48 to be eligible for "Rule of 70" retirement. 3. The final average monthly earnings {FAME} shall be based on the Member's five (5) highest paid years of creditable service. prior to retirement or separation from employment. 4. The retiree cost of living adjustment (COLA) shall be one and one half percent {1.5%) annually. 5. The maximum pension benefit shall be 85% of pensionable income. 6. An employee shall be vested after completion of five {5) years of creditable service. 7. Ten and one half percent (1 0.5%) employee pension contribution. 8. Employees shall no longer be able to apply overtime. off-duty or any other pensionable earnings for the purposes of calculating a member's retirement benefit that yields a benefit in excess of eleven percent { 11%) of the highest annualized pay rate for the same salary rank that the member is in at time of retirement. The pension breakdowns above are for illustrative purposes and do not encompass all pension benefits afforded to respective members. The full itemization of pension benefits is available in the plan summary for the Fire and Police Pension Plan. as well as the Fire and Police Pension Ordinance. G. Pension Benefits for employees hired on or after ratification of this Agreement, shall be as provided in the current pension plan, e*Gept as follo\o.'S; FOP-32 800 1) The benefit multiplier shall be three percent (3%) for eaoh year of erodible servioe for tho first 20 years of servioe, and four percent (4%) for each year of oreditable service after 20 years of creditable service. 2) The normal retirement date shall bo as provided for in the current pension plan, except that a member m1::1st attain age 48 to be eligible for "Rule of 70" retirement. 3) F'inal average monthly salary shall be based on tho three (3) highest paid years or last three (3) years as the case may be, prior to retirement or separation from employment. 4) The cost of living adjustment shall be one and a half (1.5%) annually. 5) Employees 'Nho enter the DROP shall reoeive a zero percent (0%) cost of living adjustment for the third (3ffi) and fourth (4tA) annual adj1::1stment dates, regardless of whether tho employee remains in the DROP for tho mm(imum five (5) year period. Provided further, any employee who exits tho DROP '•\'ithin six (6) months following the date of DROP entry, shall be eligible for the cost of living adjustment as otherv.'ise provided in ~action 7.23 (G) (4 ). Section 8.2~-Premium Pay Supplement Contingent Upon the Department's Obtaining and Maintaining Certain Accreditations. In recognition for obtaining and maintaining the accreditations described below, the following premium pay supplements will be pard under the following terms: a) All bargaining unit members shall be paid a premium pay supplement of $40.00 per pay period for as long as the Police Department maintains Accreditation by the Commission on Accreditation for Law Enforcement Agencies (GALEA). Effective September 30. 2015, this supplement pay shall be reduced to $20.00 per pay period. b) Accreditation by the State Commission for Florida Law Enforcement. A separate conditional accreditation premium pay supplement in the amount of $10.00 per pay period shall be paid to all bargaining unit employees in the Police Department for accreditation from the State Commission for Florida Law Enforcement, Inc. Effective October 1, 2014, this supplement pay shall be eliminated. If either of the accreditations provided for in subsections (1) or (2) above are discontinued for reasons unrelated to the action or inaction of bargaining unit members, then the supplement shall continue. Section 8.2523. Buyback of Probationary Time. Employees hired prior to ratification of this agreement severed by this Agreement may elect, by written notice served on the Board of FOP-33 801 Trustees, to receive creditable pension service time for any or all of their time served as probationary police officers. In order to receive such creditable pension service time, employees should be allowed to purchase any or all of such time through the use of accrued annual leave, sick leave, cash or any combination thereof. In the event such purchase is not made within six months of successful completion of probationary period, the amount paid shall include interest at the rate of three percent (3%) per annum excluding first six (6) months. Effective upon ratification. all newly hired employees shall participate in the pension plan upon date of hire. Section 8.2624-"Me Too" with the IAFF The FOP reserves the right to a "me too" agreement with the IAFF should the City modify the IAFF agreement on parallel issues, with the exception of Court time and Alternate Holiday Pay. Section 8.27-25-CJSTC Police Instructor Incentive Pay Effective with the first full payroll period beginning after September 30, 2010, the City will pay, under the terms stated in this section, an incentive pay of two and one-half percent (2.5%) of the officer's base pay (as stated below) for up to a maximum of fifty (50) police officers who obtain and maintain certification from the Criminal Justice Standards and Training Council (CJSTC) as Police Instructors: a) No more than fifty (50) FOP employees will be eligible to receive the two and one-half percent (2.5%) Police Instructor Certification pay. b) Additional FOP employees (up to the fifty (50) employee maximum) must be qualified for the incentive pay by meeting all of the following requirements: (1) a minimum of six (6) years of full-time experience as a certified law enforcement officer employed by a State, County or Municipal Police Department; and (2) passing the required CJSTC Police Instructor Training Course; and (3) have no record of disciplinary action during the twelve ( 12) month preceding the date of application for the benefit. FOP employees will qualify (not to exceed the fifty (50) employee cap) on a first come basis, based on the date of each employee's submission of the completed written request to the Police Chief or designee. c) Newly qualified FOP employees (up to the fifty (50) maximum limit), shall start receiving their two and one-half percent (2.5%) pay on the next payroll period beginning after the FOP employee has submitted to the Police Chief (or designee) a written request that includes a copy of the CJSTC Instructor Certification, and proof that he/she has met all other requirements as set forth in this section. d) Employees shall remain solely responsible for obtaining and maintaining a State Certified CJSTC Certificate. All costs involved in obtaining and/or maintaining the FOP-34 802 certification shall remain the responsibility of the employee. Failure to have a current certification shall constitute an automatic disqualification from the two and one-half percent (2.5%) incentive pay. e) The value of the two and one-half percent (2.5%) incentive pay shall be determined based upon only the base wage of the officer, i.e. no additional incentives or other extra payments or benefits are included in the two and one-half percent (2.5%) pay. The total incentive pay for the Police Instructor Certification benefit will remain at two and one-half percent (2.5%) regardless of any additional certifications that the FOP employee may receive through the CJSTC. ARTICLE 9 FOP HEALTH TRUST Section 9.1 - FOP-35 803 For Calendar Year -2Q+G2013, the City will continue to fund the current contribution amount for health care. Such contribution is currently: Single: $4Q2.0€l456.95 Family $985.591,120.14 In future years, the City's contribution shall increase based on the Miami Beach Fraternal Order of Police Insurance Trust Fund's annual cost projections based on claims experience and administrative costs as determined by its qualified consultant and documents supporting the annual percent increase; however, the City's increase to the current contribution amount to the health trust shall not exceed the average of the straight line percentage** increase in premiums for the City's various medical plan options. However, at the end of each calendar year, no later than February 1, the FOP will provide the actual cost increase for the FOP Trust for the prior year. Actual costs shall include all liabilities of the Trust inclusive of administrative costs. If the payments made by the City to the FOP Trust exceeded the actual FOP trust increase for the prior year, then the excess amount paid by the City for the prior year will be subtracted from any projected cost increase far the current year. If the payments made by the City to the FOP Trust do nat exceed the actual increase to the FOP Trust for the prior year, then there will be no reduction made to any projected cast increase for the current year. If the payments made by the City to the FOP Trust are equal to the actual FOP Trust for the prior year, then there will be no reduction made to any projected cost increase for the current year. Cost reductions of the Trust attributable to design changes shall not be included for purposes of calculating any credit to the City. The City shall be notified in writing of all design changes and projected cost savings associated with those changes within 30 days of the effective date of the proposed changes. Any amount over the ten month reserve shall be credited to the City. In addition, there shall be no change to the formula used to calculate the ten month reserve amount. The "ten month reserve" shall mean the sum of ten (1 0) times the average of the most recent twelve (12) months, plus cost and liabilities. Conversely, if the City's renewal rate is flat, or a negative percent, then the City's contribution to the health trust for that particular year will be based on the average percent increase of the actual cost increase for the Trust far the prior three (3) years, which shall not exceed the average of the City's straight line averages for those three (3} years. FOP-36 804 Example #1 Example #2 Example #3 (City pays more than the (City pays less than the (City pays the same as the actual cost) actual cost, but equal to actual cost) the projected cost and the straight line cap) FOP Projected Cost-10% FOP Projected Cost-7% FOP Projected Cost -7% City Straight line Average -City Straight line Average-City Straight line Average - 7% 7% 7% City pays 7% City pays 7% City pays 7% Actual FOP Cost-5% Actual FOP Cost-1 0% Actual FOP Cost-7% Credit to City-2% No change No change {The City's stra1ght-line average is the cap 1n all cases.} The City's contribution amounts will help fund the level of benefits provided under the current plan as of the date this contract is signed*. If plan design changes cause an increase in the Trust fund premium, the City is not required to increase its contribution as a result of the plan design change. Financial disclosure reports are to be presented from the Trust to the City Manager's designee for Labor Relations no later than July 1st of each year. Such report must include the increase percent identified by the Trust's plan consultant for the following City fiscal year. The City understands that it will provide the final renewal rates prior to October 1st of each year. The Trust shall provide the report detailing the actual cost for the prior year no later than February 1st to the City Manager's designee for Labor Relations. The City's designee for Labor Relations will be notified of the annual meeting at which benefit changes are under consideration and the City shall be allowed to send a representative to that meeting. Also, any consulting reports analyzing benefit changes will be provided to the City for purposes of that meeting. *Upon ratification of this agreement, the parties shall supply each other with the current plan designs in effect for calendar year 201{}_} **The straight line average is defined as the total of the percentage increase in premium for each of the City's medical plan options divided by the number of the City's medical plan options. FOP-37 805 In addition: a) Effective July 1, 2010, or upon ratification of this i\greement, whichever is later, all bargaining unit employees shall contribute five percent (5%) of their gross compensation to offset the City's contributions to the Health Trust. This five percent (5%) contribution shall discontinue after eighteen (1 8) months. b)a) For all current retirees and active employees on the payroll as of the date of ratification of this Agreement, all employees presently in the DROP, and all eligible dependents under the current eligibility rules, the City contribution for those current retirees and current employees who become future retirees for health coverage shall be equal to the City's Health Trust contribution formula for active employees. Furthermore, the contributions for those current retirees and current employees who become future retirees and their eligible dependents shall be no less than the current value of the contributions for active employees and their eligible dependents. This . Agreement shall be reduced to writing and made individual contracts and shall be vested benefit throughout retirement. e.)b) Employees hired after the ratification of this Agreement, who elect to be covered by the Miami Beach Fraternal Order of Police Insurance Trust Fund Plan, to the extent they choose to have medical benefits provided to them and their dependents during retirement, shall receive a health insurance stipend in lieu of a City contribution to the Trust on behalf of those employees after their retirement. The stipend shall be a monthly payment equal to twenty-five dollars ($25) per month for each year of creditable service, subject to an annual increase based on the Miami-Ft. Lauderdale All Urban Consumer Price Index (U-CPI) as of September 30th of each fiscal year. Section 9.2 - a) All eligible employees and their dependents described in Section 7 shall be eligible to enroll in the FOP Health Trust Plan and shall not be eligible to participate in the City Plan during their employ or retirement for so long as the FOP Trust exists. b) A non-bargaining unit sworn police officer who elects to enroll in the FOP Health Plan may apply to the Trust and will be enrolled upon leave of the Trustees, and thereafter will be deemed to be a covered employee provided he or she meets the following criteria: 1. Must be on the City Police Department Payroll at the time of enrollment; 2. Must be an FOP member for two years (or length of time in Department if less than two years) prior to enrollment, and must maintain membership throughout the period of coverage; FOP-38 806 3. Must meet insurability criteria satisfactory to Trustees; and 4. Must make the election within thirty (30) days after appointment out of the bargaining unit. Section 9.3 - a) All covered employees and covered retirees shall be allowed to continue under the City's Dental Plan as it may exist. b) The City shall also contribute to the Trust the amount of premium it is paying for term life insurance for covered employees and covered retirees. Section 9.4- The City's Insurance Plan shall be responsible for the runoff of all claims incurred prior to the time the FOP Health Trust Plan went into effect. Section 9.5 - The City shall be provided with a copy of the FOP Health Trust Plan booklet and the Trust Agreement, and any other information required by law and shall be apprised of any changes in the Trust Agreement and/or Plan benefits. Additionally, a copy of the Trust's annual C.P.A. audit report shall be sent to the City Manager's designee for Labor Relations and the Trust or their designee shall in a reasonable time period answer reasonable inquiries concerning the finances of the Trust. Section 9.6- The FOP shall indemnify and hold the City harmless against any claim, demand, suit, or liability, and for all legal costs arising in relation to the implementation or administration of the FOP Health Insurance Trust and Plan, except if the City's acts or omission give rise to its own liability. Section 9.7- Employees in the bargaining unit eligible for inclusion in the Health Trust Plan must be employed at least ninety {90) days and be on the City Police Department payroll. FOP-39 807 Section 9.8 - Employees covered by this Agreement who retire, resign, or are terminated by the City must be vested in the Police pension plan at the time of such retirement, resignation or termination in order to receive a contribution by the City towards his/her health insurance premium after such retirement, resignation or retirement. Section 9.9 - Employees in the bargaining unit shall be eligible to participate in the City's voluntary benefits plan, which may be modified by the City from time to time. The voluntary benefits plan shall be administered by the City. Section 9.10- Post Employment Health Program (PEHP). Effective the first pay period ending in October 2013, all employees covered by this agreement shall contribute twenty-five dollars ($25.00) biweekly to the Post Employment Health Program (PEHP). Upon separation of employment from the City, employees covered by this agreement shall contribute ten percent (10%) of their accrued leave payouts toward the PEHP. Any and all fees/costs associated with administering the PEHP shall be incurred by the FOP. In no event will the City incur any costs associated with this program. Section 9.11- Effective upon ratification of this agreement, and for so long a period as the federal tax code imposes a heavier tax burden upon City employees with domestic partners who elect to receive family medical and dental coverage over that of their married counterparts, the City will reimburse those employees with domestic partners who pay this heavier tax burden by adding to their biweekly pay the additional amount withheld from the employees' pay and the amount of the additional tax assessed by the federal government upon this reimbursement. Reimbursement under this subsection shall not be considered to be pensionable income. In order to qualify, eligible employees must have registered domestic partnerships in accordance with the applicable provisions of the Miami-Dade County Code of Ordinances and the City of Miami Beach Code of Ordinances. FOP-40 808 ARTICLE 10 EDUCATIONAL LEAVE AND TUITION REFUND Subject to applicable Personnel Rules, an employee may request an educational leave of absence without pay to take a course or courses in a field related to the work assignment of said employee. The City's tuition refund program shall be continued for the term of this Agreement. FOP-41 809 Section 11.1 -Safety and Health ARTICLE 11 GENERAL PROVISIONS The City and the FOP shall cooperate in matters of safety and health affecting the employees covered by this Agreement. Effective October 1. 2013, voluntary law enforcement fitness assessments will be conducted on a quarterly basis. in an effort to promote employee health and well-being. The City shall determine the physical fitness standards measured during the assessments. as well as the passing criteria. Employees who elect to participate shall be eligible to receive a $500 non- pensionable payment for every assessment in which he or she attains a passing score. This program shall terminate on September 30, 2015. unless the Police Chief determines that the results of the program justify its continuation. Section 11.2-FOP Activity and Non-Discrimination Neither the City nor the FOP shall discriminate against any employee due to that employee's membership, non-membership participation, lack of participation, or activities on behalf of, or his refraining from activity on behalf of the FOP. No employee covered by this Agreement shall be discriminated against because of race, creed, national origin, religion, sex, sexual orientation, ethnic background or age in accordance with applicable State and Federal laws. The FOP agrees to cooperate with the City in complying with Federal, State and local laws requiring affirmative action to assure equal employment opportunity. The parties will comply with the Americans with Disabilities Act. Section 11.3-Reduction In Work Force When there is a reduction in the work force, employees will be laid off in accordance with their length of time in grade service and their ability to perform the work available and applicable veteran's preference laws. When two or more employees have equal ability, the employee with the least amount of service will be the first one to be laid off. When the working force is increased after a layoff, employees will be recalled in the order of seniority, with employees with greater seniority recalled first. Notice of recall shall be sent to the employee at the last known address by registered mail or certified mail. If an employee fails to report to work within thirty {30) days from date of receiving notice of recall, he shall be considered to have quit. No new employee will be hired into the bargaining unit as long as any bargaining unit employee remains on lay-off status. FOP-42 810 During the course of this Agreement, no employee will be laid off and no employee will be demoted (except for disciplinary demotions). Section 11.4-Uniforms and Clothing Allowance The City will continue its present policy concerning uniforms. The uniformed personnel's' monthly maintenance allowance shall be sixty dollars ($60.00) per month for a total of $720.00 per year to be paid out in twenty-six {26) biweekly payments. For those sworn employees assigned to work in civilian clothes, they shall receive a monthly allowance of eighty-five dollars ($85.00) per month for a total of $1,020.00 per year to be paid out in twenty-six {26) biweekly payments. When transferred into the Criminal Investigation Unit or other unit requiring civilian clothes, the City will advance the employee, at his/her request, the sum of four hundred twenty five dollars ($425.00) for the purchase of clothing. The employee affected shall agree to relinquish the eighty-five dollar ($85.00) per month clothing allowance for the following five months, and shall also agree to reimburse the City for any pro-rata amount in the event of transfer, termination, resignation, or retirement prior to completion of five (5) months in the civilian clothes assignment. If the reimbursement is caused by a transfer, the reimbursable amount shall be collected at the rate of eighty-five dollars ($85.00) per month. Section 11.5-Disclosure of Records Employees will not have information contained within any of their files disclosed to persons other than managerial and supervisory employees unless the person requesting such information (including home telephone number, address, etc.) shall complete and sign a "Request for Information" form and present proper identification, provided, however, that information which is made confidential by State or Federal Statute shall not be disclosed except in accordance with the requirements of law. The request form shall have provision for the name, address, and telephone number of the person requesting the information and the reason for the request. A copy of any such request form completed shall be left in the employee's personnel file. Section 11.6-Transfers. It shall be the sole right of the Police Chief or his designee to transfer employees of the Department. When a transfer is a change in an employee's unit assignment, reasonable advance notice as is practicable under the circumstances shall be given. If a transfer is a permanent change in an employee's shift or days off schedule, the employee shall be notified FOP-43 811 no less than five (5) workdays prior to the transfer in order that the employee may arrange for an orderly change. The five {5) day notice may be waived by the employee and it need not be given when unforeseen needs of the Department or emergency conditions require that temporary changes be made with little or no advance notice. Section 11.7-Meeting Between Parties At the reasonable request of either party, the FOP President, or his representative, and the City Manager, or his designee for Labor Relations, shall meet at a mutually agreed upon time and place to discuss matters that require immediate discussion. Section 11.8 -Negotiating Sessions Time and dates for negotiating sessions shall be mutually agreed upon. Up to three (3) on-duty FOP representatives shall be permitted to attend negotiating sessions without loss of pay or benefits if they were otherwise scheduled to work. Section 11.9-Job Descriptions It is understood by the parties that the duties enumerated in the job description promulgated by the City are not always specifically described and are to be construed liberally. The City agrees to notify the FOP of any change in the job description of any classification in this bargaining unit. Section 11.10-Defense of Members In the event any action for civil damages is brought against a member of the bargaining unit hereunder individually, and the City is not made a party to any such action, and if the employee hereunder is found liable and a judgment for damages is rendered against him, the City will itself or through insurance pay such damages and counsel fees for the employee providing the employee's liability results from action of the employee arising out of and in the course of his employment hereunder, and further providing that such judgment against the employee does not result from the wanton and willful action of the employee. Section 11.11 -Personnel Rules and Departmental Manual Copies of the Personnel Rules and Regulations will be kept by Majors and Captains whose copies will be available to members of the bargaining unit upon request. FOP-44 812 A copy of the manual of the Police Department is provided to all employees in the department and proposed changes in said manual will be supplied to the President of the FOP or his designated representative before implementation and an opportunity to discuss the changes will be afforded. Any changes to SOP's shall contain a detailed legislative style description of the proposed changes. Section 11.12-Incorporation of Personnel Rules Any personnel rules agreed upon by the parties for incorporation in this collective bargaining agreement shall be set forth in an addendum to this Agreement. Section 11.13-Medical Leave of Absence After this Agreement is ratified, any employee requesting time off without pay as a Medical Leave will be granted the time requested up to one (1) month, or longer at the Police Chiefs discretion. Employees may use any accumulated leave time or camp time during this leave. FOP-45 813 ARTICLE 12 SEPARABILITY If any provision of this Agreement is held to be in conflict with any law as finally determined by a court of competent jurisdiction, that portion of the Agreement in conflict with said law shall be inoperative and subject to immediate renegotiation for a replacement provision, but the remainder of the Agreement shall continue in full force and in effect. FOP-46 814 ARTICLE 13 TIME BANK A Time Bank shall be authorized by the City of Miami Beach, whereby members of the bargaining unit may voluntarily donate accrued annual leave and sick leave to an FOP Time Bank to be used as follows: (a) the President, or his designee{s), may draw from such Time Bank, thereby detaching said person{s) from the normal course of their City assigned duties in order that they may be permitted to perform duties in keeping with the obligations of the FOP to its membership, and/or (b) by FOP members pursuant to Ordinance No. 1335, and pursuant to rules and regulations to be established by the FOP that is not otherwise inconsistent with this article or Ordinance No. 1335. The FOP President, along with the Police Chief (or designee) will establish a committee of three (3) members whose purpose is to create the rules and regulations mentioned in subpart b herein. The composition of the Time Bank Committee shall be determined as follows: the FOP President shall appoint one (1) individual to serve on the Time Bank Committee; the Police Chief (or designee) shall appoint one (1) individual that shall serve on the Time Bank Committee and both the FOP President and the Police Chief shall jointly appoint one (1) active FOP bargaining unit member to serve on the Time Bank Committee. The Time Bank shall not be utilized for the purpose of attending collective bargaining sessions betvveen the FOP and the City of Miami Beach. Time will be deposited into the Time Bank only after the contributor voluntarily signs an authorization card detailing the type and amount of time to be donated. After review by the FOP President or his representative, these cards are to be forwarded on a quarterly basis to the Police Chief for his review, and if appropriate, approval. If approved, the Police Chief will then forward this material to the Support Services Division, who shall take appropriate action to implement the provisions of this section. Time deposits shall be in hourly increments, with three (3) hours being the minimum amount accepted. The President, in his own behalf or on behalf of his designee(s), shall fill out the appropriate form to be supplied by the city for each employee authorized to draw from the Time Bank. Said form shall be submitted by the President at least five (5) days in advance of anticipated use. This form shall also include the statement that: "Upon deduction of time by the City, the undersigned officer agrees to hold the City harmless for any error or omissions in making said deduction or allocating the deducted time to the time pool." This request shall be reviewed by the Police Chief, or his designee, and approved subject to the manning requirements of the department. Such approval shall not be arbitrarily withheld. Such approval, once having been authorized, may be rescinded subject to the manning requirements of the department. Time donated to the Time Bank shall be converted to the salary dollar equivalent of the donor(s), and time used shall be in salary dollar equivalents of the employee(s) using the pool time. Time donations shall not increase in value. For purposes of computation, only base pay FOP-47 815 and longevity will be used. Time donated but not used will not be retrievable and will remain in the Time Bank for so long as this provision is effective. In the event the Time Bank is discontinued, the FOP shall be entitled to use the hours remaining pursuant to the provisions of this section. Any injury received or any accident incurred by an employee whose time is being compensated by the FOP Time Bank, shall not be considered a line-of-duty injury, nor shall such injury or accident be considered to have been incurred in the course and scope of the employee(s) employment by the City of Miami Beach within the meaning of Chapter 440, Florida Statutes, as amended. FOP-48 816 ARTICLE 14 DRUG TESTING a) Upon reasonable belief, based upon objective factors, that an employee has used an unlawful drug, the Police Chief or, in his absence, the Assistant Police Chief, may direct the employee to submit to a urinalysis for detection of drugs. In the case of a drug test, the following conditions will be applicable: 1 . A split sample of the urine will be obtained so that two different laboratories to be selected by prior agreement of the City and the FOP may test the urine if desired. 2. If the employee claims that there is not a reasonable belief, based on objective factors, that the employee has used an unlawful drug, the urine will be frozen pending an expedited arbitration held before whichever of the three pre-agreed upon local arbitrators {to be selected by the City and the FOP) is first available on a rotating basis. The sole issue before the arbitrator shall be whether there was reasonable belief to direct a test as set forth above. 3. If the arbitrator finds there is not reasonable belief, the urine specimens shall not be tested and shall be discarded. 4. If the arbitrator finds there is reasonable belief, or if no challenge to the reasonable belief basis has been made, then one urine specimen shall be tested by the laboratory selected by the parties. 5. All tests for an unlawful drugs will be by an agreed upon gas chromatography/mass spectrometry method, and the other specimen will be tested by the second agreed-to laboratory, if the employee requests. 6. In the case of either or both urine tests, the cutoff shall be the nanogram threshold which shall be established by prior agreement between the parties in the Random Drug Testing Agreement. b) Last Chance Agreement Effective upon ratification of this Agreement, in the event an employee tests positive for either drugs or alcohol as the result of a random or reasonable suspicion drug/alcohol test. the following shall apply: At the sole discretion of the City Manager. in consultation with the Police Chief. the FOP-49 817 -------------------------- employee may be offered a last chance agreement said agreement does not preclude concurrent disciplinary action. If a last chance agreement is extended to the employee, after he/she is cleared to return to work by the Substance Abuse Professional, the employee shall be subject to unannounced testing administered by the City's Human Resources Department, for a period of no Ianger than two (2) years. An employee may only be eligible for one last chance agreement during his/her employment with the City. Employees who test positive a second time for drugs or alcohol as the result of an unannounced, random or reasonable suspicion drug/alcohol test, shall be terminated from employment with the City. If an employee who is offered a last chance agreement has his/her certification revoked through the Florida Department of Law Enforcement, he/she shall immediately be terminated from employment with the Miami Beach Police Department and shall have no right to grieve, oppose the termination, and no right to any other position with the City. FOP-50 818 ARTICLE 15 Hel".RT DISEASE PRESUMPTION A. Heart Disease Presumption Any condition or impairment of health of any detention or sworn officer caused by heart disease resulting in total or partial disability or death shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary be shown by satisfactory evidence; provided, however, that such detention or sworn officer shall have successfully passed a physical examination upon entering into such service as a detention or sworn officer, which examination failed to reveal any evidence of heart disease. If at any time this Section is placed before an arbitrator for interpretation or application, what is "satisfactory evidence" shall be determined by the arbitrator. If rights of detention or sworn officers are placed before the Bureau of Workers Compensation, then what is "satisfactory evidence" will be determined by the Bureau in accordance with Workers Compensation law. Nothing herein shall be construed to be a waiver or limitation of any benefit provided under Florida Statute 112. 18. B. Infectious Disease Presumption Effective October 1. 2013, any documented post-exposure condition or impairment of health caused by Human Immunodeficiency Virus/ Acquired Immune Deficiency Syndrome (HIV/AIDS), Hepatitis C, Pulmonary Tuberculosis or Meningococcal Meningitis shall be presumed to have been accidental and to have been suffered in the line of duty, subject to the following conditions, unless the contrart be shown by competent evidence. To qualify for the presumption, the following criteria must be met: There must be an on-the-job documented exposure that meets scientific standards or criteria, and the significant on-the-job exposure must be stated. in writing, by a licensed medical doctor. For example, contact with blood is not an exposure unless the employee's skin, where the contact occurred, is not intact. Additionally, the person whose blood came into contact with the employee's broken skin must have one of the blood borne infectious diseases considered herein. Current Employees: 1. Current employees must undergo a post-employment medical examination, administered by a qualified medical doctor to be selected by the City. The results must reveal no evidence of HIV, AIDS. Hepatitis C, Pulmonart Tuberculosis or FOP-51 819 Meningococcal Meningitis. Employees who refuse to comply with this post- employment examination requirement shall not be eligible for the presumption. +.2. Current employees shall be required to sign a City-approved medical release form authorizing the physician to provide the examination results directly to the City. New Employees 63. New employees. hired after ratification of this agreement, must complete a pre- employment medical examination, administered by a qualified medical doctor to be selected by the City, and the results must reveal no evidence of HIV. AIDS, Hepatitis C, Pulmonary Tuberculosis or Meningococcal Meningitis. b4. New employees, whose test results reveal evidence of any of the aforementioned infectious diseases, shall not be eligible for the presumption for the disease for which they tested positive. All current and new employees shall be tested at a health facility selected by the City. The FOP Health Trust shall incur the cost associated with testing all current employees who are members of the Health Trust; those employees who are not members of the Health Trust shall incur the cost of their testing. The City shall incur the cost of testing all employees hired after the ratification of this agreement. All medical examination results. for both current and new employees. shall be released to the City's Risk Manager. FOP-52 820 Section 16.1 - ARTICLE 16 PROMOTIONS Advancement to the ranks of Sergeant and Lieutenant shall be by examinations that measure the knowledge, skills, and ability of personnel and by seniority. A promotional examination will be given every two (2) years, unless the FOP President and the City Manager or his designee for Labor Relations mutually agrees to some other schedule. Effective with the first test given after ratification, the following revisions to Article 16 shall apply. Section 16.2 - Eligible applicants for the promotional examination for Sergeant and Lieutenant shall be given a two-part examination, consisting of a validated, written test, which shall comprise fifty percent (50%) of the final examination score, and an Assessment Center or a mutually agreed upon behavioral assessment component. The Assessment levels shall have a weight of fifty percent {50%) of the total score. The written portion shall be given first and applicants for Sergeant or Lieutenant positions must successfully pass the written test with a raw score of seventy percent (70%) to be eligible, at a later date, to take the Assessment Center or the behavioral assessment component portion of the examination. Passing scores for the Assessment Center or the behavioral assessment component shall be set by the test consultant. If there are not a significant number of minorities promoted after the next round of promotional testing after the effective date of this Agreement, the parties will meet to review the respective weights and re- negotiate the Article, if necessary. Section 16.3- All police officers who on the written test date have four ( 4) years of seniority from date of appointment to Police Officer or Police Officer Trainee.._ and performance evaluations of satisfactory or above for the preceding twenty-four (24) month period shall be eligible to take the Sergeant's test. All Sergeants who on the written test date have two (2) years seniority from the date of appointment as Sergeant and performance evaluations of satisfactory or above for the preceding twenty-four (24) month period shall be eligible to take the Lieutenant's test. Applicants must, in both cases, apply on or before the application cutoff date and time in accordance with Personnel Rules. The City Manager or his designee for Human Resources, may refuse to permit an applicant to take the examination on the grounds of conduct disgraceful to the Department and his/her officer status; or refused advancement from probationary status. In the latter case, if at least three (3) years have elapsed since such failure of probationary advancement, such candidate FOP-53 821 will be considered qualified. Should any applicant, so disqualified for any of these alleged reasons, contest such disqualification, he shall have access to the grievance procedure under this contract. Section 16.4- The City Manager or his designee for Human Resources shall cause to be developed validated examinations which closely measure the knowledge, skills, and abilities of a Miami Beach ~ Sergeant of Police and a Miami Beach Lieutenant of Police, administer such examinations, and prepare a promotional register, one for Sergeants and one for Lieutenants, containing the names of persons who have passed the test~ ranked in the order of such examination scores. Promotions shall be by rank order. The FOP shall facilitate participation of bargaining unit employees in providing information in order to conduct the job analyses and develop the tests within the time frames requested by the process; provided that such participation shall be on duty time. Section 16.5-Seniority Points &_0.2 point shall be added to an employee's Sergeant's passing examination score for each completed year of service, to a maximum of 25 years. QL0.25 points shall be added to an employee's Lieutenant's passing examination score for each completed year in grade as a Sergeant. Section 16.6-Education Points a) 0.02 points shall be added to an employee's Sergeant's passing examination score for each completed credit of post secondary education from an accredited institution of higher learning. b) 0.02 points shall be added to an employee's Lieutenant's passing examination score for each completed credit of post secondary education from an accredited institution of higher learning. No combination of seniority and/or education points shall exceed six (6) points per employee. FOP-54 822 Section 16.~7-Book Committee A committee of five {5) incumbents selected by the Police Chief shall select the books and test material from which technical knowledge questions on the written test and behavioral assessment component will be drawn. Final selection shall be made after consultation with the test developer. Such selection or changes therein, shall only be made after a representative of the FOP shall have a reasonable opportunity to meet and provide input on the selection process. The test material chosen for the written test and for the behavioral assessment component shall be described and announced by the City to the FOP and its members at least three (3) months before such test. Overview, Orientation, and Preparation sessions for the written test and for the Assessment Center test or the behavioral assessment test shall be given at least thirty (30) days prior to each test. Section 16.78-Written Test Scoring Within 24 hours after the administration of the written test, an applicant scoring session will be conducted. Each examinee will be able to review a copy of his/her own answer sheet and the scoring key (for his/her use during the review session only), with the correct response, the name of the reading source and location from which each written test question was drawn. Challenges will be written and submitted to the test developer during a minimum of two (2) post- test review sessions occurring on separate days, and conducted within ten (10) calendar days of test completion. The test developer shall conclusively decide all challenges based upon standard industry techniques. Section 16.-89 Assessment Center Test or Behavioral Assessment Test Challenges Upon completion of the determination of a score for the Assessment Center Test or the behavioral assessment test, each examinee shall be furnished with his/her test result. Human Resources shall establish a reasonable time period within which each examinee may review his/hertAeif examinations at a post-test review appointment. Challenges regarding the components of this portion of the examination must be made in writing to the test developer within ten (10) calendar days after the post-test review appointment. The test developer shall conclusively decide all challenges based upon standard industry techniques. For each examinee who submitted a challenge, each examinee's own challenge and response will be available no later than eight (8) weeks after the date of the last examinee's submission of challenges. FOP-55 823 Section 16.910- Effective upon ratification of this Agreement. promotional examinations for the position of Sergeant of Police and Lieutenant of Police will be given at least once every twenty-four (24) months, in such fashion as to provide continuously active promotional lists. The City agrees to begin the promotional process no later than nine (9) months prior to expiration of a certified promotional list. all promo~ional e~EaffiS shall be administered nine (9) months prior to the expiration of the certified promotional list. Formal examination scores and a promotional list shall be certified and posted within two (2) weeks after completion of all challenges in Section§ 16.8 above. Promotional lists shall expire twenty-four (24) months oightoon (1 8) months after the certification and posting of the results of the promotional examination. Section 16.4-011 - In the event of same day promotions, seniority rank in the new position shall be determined, in the order of standing on the promotional list If there is a tie in the final scores that places more than one examinee in the same position on the promotional list, these examinee's ranking order on the promotional list shall be determined in the order of the examinee's seniority in the rank that they presently hold {i.e., a tie score between two (2) sergeants will be determined by awarding the highest ranking to the examinee with the most seniority as a sergeant, and a tie score between two (2) officers will be determined by awarding the higher ranking to the examinee with the most seniority as an officer, etc.). FOP-56 824 Section 17.1 - ARTICLE 17 FOP PRESIDENT The Miami Beach Fraternal Order of Police, William Nichols Lodge No. 8, Lodge President shall have the option, for each fiscal year, of closed "D.D." (Detached Duty), as outlined in Section 17.2 below, or to conduct union business (under the conditions described in Section 17.2 below), through the use of a time bank. For fiscal year 2006 2007, the time bank shall be 1500 hours, covering the period October 1, 2006 through September 30, 2007. The FOP President shall notify the Police Chief in writing by September 15~ of each contract year, whether he or she elects to utilize the 1500 hour time back provision or the D.O. provisions contained in Section 17.2 below, during the following contract year. For fisoal year 2007 2008, the time bank shall be 1500 hours, severing tho period Ootober 1, 2007 thoughthrough September 30, 2008. Tho FOP President shall notify the Poliee Chief in YiFiting, by September 15, 2007, whether he elects to utilize tho 1500 hour time bank provision or tho D. D. provision contained in Section 17.2 befmo,:. For fiscal year 2008 200Q, the time bank shall be 1500 hours, oovoring the period Ootober 1, 2008 through September 30, 2009. The FOP President shall notify Police Chief, in writing, by September 15, 2008, whether he elects to utilize tho 1500 hour time bank provision or the D.O. provisions contained in Section 17.2 belov .. •. Unused time bank hours from one contract year shall rollover to the next contract year, not to exceed a total maximum of 3000 hours per contract year. Time for attendance at negotiations for a successor agreement is addressed in Article 11.8 of this Agreement. Section 17.2- The Miami Beach Fraternal Order of Police, Lodge No. 8, Lodge President shall be released and detached from full time duties as a police officer while serving as Lodge President and shall be carried full-time in a pay status to be shown on the payroll as "D.O." (Detached Duty). The following conditions shall apply: a) For the purpose of recording time, the Lodge President will notify the Police Chief of all absences, including vacations, sick leave, meeting attendances, out of town trips, etc. The Lodge President shall be required to work a 40-hour workweek. b) The Lodge President will be available at the FOP office currently located at 999 11th Street, Miami Beach, Florida 33139, for consultation with the Police Department Management or the City Administrators between normal working hours. FOP-57 825 c) Should the Lodge President wish to change offices, (s}he will notify the Police Chief, in writing, at least five (5) working days prior to the proposed change. Said notice will include the address and the telephone number of the new office for the FOP Lodge President. d) In the absence of the Lodge President, the Lodge President's designee may represent the Fraternal Order of Police. e) The FOP will not send additional employees in a pay status to attend City Commission or Personnel Board meetings without approval of the Police Chief or his designee. f) All applicable Miami Beach Police Department rules, regulations and order shall apply to the person who is the President of the Lodge and on D.D. Section 17.3- The Management of the Miami Beach Police Department or the City Administration reserves the right to rescind the provisions of this Article in the event that it is found to be illegal. Canceling the Article shall not preclude further discussions of any Lodge Presidents' release for Union business. FOP-58 826 ARTICLE 18 REOPENERDETENTION OFFICERS Following ratification of this Agreement, the City shall conduct an audit of the Detention Officer classification., there shall be an immediate reopener for negotiations for the purposes of discussing and iFnpleFnenting ohanges to Article 15, entitled, Heart Disease Assumptions and Article 16, entitled, Promotions. FOP-59 827 ARTICLE 19 ENTIRE AGREEMENT The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the FOP, for the duration of this Agreement, except as provided in the Florida Statutes, or as specifically excepted by provisions of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered in this Agreement, or with respect to any subject or matter referred to, or with respect to any subject or matter not specifically referred to, or covered in this Agreement, even though such subject or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. This Article shall not be construed to in any way limit or restrict the parties from negotiating, as provided in the Florida Laws, or any succeeding agreement to take effect upon the termination of this Agreement or any succeeding term of this Agreement FOP-60 828 ARTICLE 20 TERM OF AGREEMENT This Agreement shall be effective as of the 1st day of October, ~2012 and shall remain in full force and effect until the 30th day of September, ~2015. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing at least thirty {30) days prior to the anniversary date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin promptly. EXECUTED by the parties hereto on this __ day of ___ , 2013-:1---1-. MIAMI BEACH FRATERNAL ORDER OF POLICE, LODGE NO. 8 By: ____________ _ By: ALEJANDRO BELLO FOP PRESIDENT ------------- KEVIN MILLAN FOP SECRETARY Approved by vote of the City Commission On the ___ day of __ , 20_1b-"W. ATTEST: ROBERT PARCHERRAFAEL E. GRANADO CITY CLERK FOP-61 829 CITY OF MIAMI BEACH By: ____________ __ JIMMY L. MORALES CITY MANAGER By: ____________ __ MATTI HERRERA BOWER MAYOR Date: ___________ _ City Attorney Date FOP-62 830 1. 2. FRATERNAL ORDER OF POLICE FOP LODGE NO.8 ELECTION OF REMEDY FORM Grievance No. ------ IM/e elect to utilize the Grievance Procedure contained in the current Contract between the City of Miami Beach, Florida, and the FOP. In making this election, 1/we understand that selection of another forum, as defined by the FOP Contract, shall bar any consideration of the Grievance under the FOP collective bargaining agreement. IM/e elect to utilize another forum for my/our grievance, and in doing so, 1/we understand that this election shall bar any consideration of this matter under the FOP collective bargaining agreement. Signature Date Subject of Grievance/Appeal:--------------------- FOP-63 831 Addendum; Hearing Examiner Rules HEARING EXAMINER RULES SECTION 1: REQUEST FOR HEARING: Any member of the bargaining unit may appeal from disciplinary action within ten {1 0} days after the delivery or mailing to him/her of such written notice, by filing a written request for a hearing to the Hearing Examiner or his/her designee. If the tenth day falls on a Saturday or Sunday, he/she will have the ability to file for an appeal on the following Monday. SECTION 2: DISCIPLINARY HEARINGS: (a) The City Manager or his/her designee not later than ten (1 0) days after receipt of such appeal, shall fix a place and time for holding a public hearing within a reasonable time thereafter. Written notice of such time and place shall be delivered or mailed promptly to both the Appellant and the Appointing Officer. Only the Hearing Examiner may grant a continuance to either party for good and sufficient cause. No continuance shall be granted to either party unless such request for continuance is received in writing by the City Manager or his designee at least ten (10) days prior to the date of said scheduled hearing of appeal. {b) The Hearing Examiner may, at the request of the Appointing Officer or the Appellant, call or request any person or records for the purpose of ascertaining the facts. (c) The Appointing Officer or a representative designated by him/her, shall have the right to be present at such hearing and to be represented by the City Attorney. (d) The Appellant shall have the right to be present at such hearing and to be represented by an attorney of his/her choice. FOP-64 832 Said attorney shall be an attorney duly admitted and licensed to practice in the State of Florida. In the event that the Appellant does not retain an attorney, said Appellant may have an advisor of his/her choice present. Such advisor shall not have the right to interrogate any witnesses or to enter objections to any testimony or evidence presented to the Hearing Examiner, nor may such advisor speak in the Appellant's behalf. (e) The findings of the Hearing Examiner shall be based upon competent substantial evidence of record. (f) The Appointing Officer shall have the burden of presenting evidence to support the truth of the charges as contained in the written notice. (g) The Appellant shall have the right to present evidence to refute the charges brought against him/her. (h) The Appellant shall have the right to be confronted by his/her accuser, and the Appellant and the Appointing Officer shall each have the right to cross-examine the witnesses of the other. (i) After both the Appointing Officer and the Appellant shall have presented their testimony and evidence, the Hearing Examiner shall receive argument in summation. The Appointing Officer shall have both the opening and closing argument. U) After the completion of closing oral argument, the Hearing Examiner shall consider the testimony and evidence presented before the Hearing Examiner to determine the truth or untruth of the charges. (k) Within five (5) working days after the completion of the hearing, the Hearing Examiner shall issue his or her findings as to the truth or untruth of the charges in writing. The City Manager or his/her designee shall promptly deliver or mail a copy of such findings to the Appointing Officer and to the Appellant. (I) A copy of the written statement given the officer or employee, a copy of any reply thereto, and a copy of the findings of the Hearing Examiner shall be filed as a Public Record in the Human Resources Department. FOP-65 833 APPENDIX A COMPENSATION PLAN FOP-66 834 00 w CJ1 Job Classification (Range) ~TEP 5305 Detention Officer 5009 Lieutenant of Police 5011 Police Officer 8001 Police Officer Trainee 5010 Sergeant of Police 1 ---: ' 45,312.72 1 ,736.12 21.70 Citv of Miami Beach -----C~omoensation Plan Effective with the first full pay period beginning in April Octo~r 2012 th~owgh Seplem~M2" Longevity 1=2.5% 2=5.0% 3=7.5% 4=10% ~ 5=11% 2 3 A B c D E F --41,614.94 42,863.67 44,150.46 45,473.78 46,838.57 48,244.12 -1,594.44 1.642~29 1,691.59 1.742.29 1,794.58 1.848.43 19.93 20~53 21.14 21.78 22.43 23.11 -86,852~71 91,132.39 3,327~69 3,491.66 41~60 43.65 53,309.01 55,951.38 58,764.02 61,804.57 64,843~97 68,108.99 2.042.49 2.143.73 2,251.50 2,367.99 2,484.44 2,609.54 25.53 26.80 28.14 29.60 31.06 32.62 47,978~ 14 5_0,643~58 1,838.24 ' 1 ,940~37 ----22.98! 24~25 78,748.42 ~-3,017.18 I ! 37.71 FOP-67 --G H 49,691.56 51' 183.20 1,903.89 1,961.04 23.80 24.51 95,746.84 100,532.31 3,668.46 3,851.81 45.86 48.15 71 ,429~72 75,033.33 2,738.77 ' 2,874.84 3-4.21 ' ---35:94 82,686.80 86,852.71 3,168.08 3,327.69 39,60 41.60 00 w 0) ---Cih'; of Miami Beach Com11ensation Plan I -I I I I I I Effective with the first full_payreriod beginning in Ajffll October 2014 2Q12 thra"!ih September 3Q, 2012* Longevity 1=2.5% 2=5.0% 3-7.5% 4-10% 5=11% Job Classification {Ran-ge) STEP 1 2 3 ' A B c D E F G H --. ' 5305 Detention Officer 42,863.39 44,149.58 45,474.97 46,837.97 48,243.73 49,691.44 51,182.31 _52,718.70 t----1,642,28 1,691.55 1,742.34 1 ,794_56 ' 1,848.42 1,903.89 1,961.01 2,019_87 20.53 21.14 21.78 22.43_! 23.11 23.80 24.51 25.25 ----5009 Lieutenant of Police 89,458.29 93,866.36 98,619.25 103,548.28 ' 3,427.52 3,596.41 3,778.52 3,967.37 42.84 44_96 47.23 49.59 --' I r----_5011 Police Officer 54.908.28 57,629.92 60,526.~1 63,658.71 66,789.29 70,152.26 73,572.61 77,284.33 ' 2,103.77 2,208.04 2,319.04 2,439.03 2,558.98 2,687.83 2,818.87 2,961.09 -· r----· -· 26.30 27.60 28.99 30.49 31.99 33.60 35.24 37.01 f-------so 0 1 Police Officer Trainee 48,072.26 50,900.02 52,162.89 . -·-· ·-·-·-1 ----1,841.85 1,950.19 1c998.58 ----23.02 24.38 24.98 -·-· 5010 Sergeant' of Pol!ce ' 81,110,87 85,167.40 89,458.29 ---+ 3,107.70 3,427.52 -· 3,263.12 I I 38.85 40.79 42.84 The Aj3ffi0ctober 20121. Compensation Plan reflects a three percent (3%) across-the-board wage increase effective October 1. 2014, from the current compensation plan on the hourly, biweekly, and annual salary rates for each of the classifications represented by the FOP. This is in accordance with the Wages Provision in Section 8.1 of the 20,1299-201§.~ FOP Contract. FOP -68 THIS PAGE INTENTIONALLY LEFT BLANK 837 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, Approving 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 Of 2'-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 1;32-94, 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. At its July 19, 2013 Commission meeting, the title of the Resolution was read into the record and approved on First Reading. A motion made by the Commission to proceed with a Second reading and Public Hearing scheduled for September 11, 2013. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION ON SECOND READING PUBLIC HEARING. Financial Information: Source of Amount Funds: 1 I I 2 OBPI Total Financial Impact Summary: N/A Ci Clerk's Office Le islative Trackin : Richard W. Saltrick, Cit En ineer, ext.6565 Si n-Offs: irector T:\AGENDA\2013\September 11\Revocable Permit 800 First Street Summary.doc MIAMI BEACH 838 Account AGEN OA ITEM ---"~-=--'"l_L----=-_ DATE __..9"""""~/..:.._'/-_,/3~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drrve, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Matti Herrera Bower and DATE: September 11, 2013 COMMISSION MEMORANDUM f the City Commission SECOND READING PUBLIC HEARING SUBJECT: A RESOLUTION OF THE MA R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING 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'-B"ABOVE THE SIDEWALK. ADMINISTRATION RECOMMENDATION The Administration recommends approving the resolution on Second Hearing Public Hearing. 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 Washington Ave. (Platted as Miami Avenue). 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 839 ~~~~~~~~~~~~--------- City Commission Memorandum-Revocable Permit 800 First Street-Memo September 11, 2013 Page2of3 of the proposed Revocable Permit. At its July 19, 2013 Commission meeting, the title of the Resolution was read into the record and approved on First Reading. A motion made by the Commission to proceed with a Second reading and Public Hearing scheduled for September 11, 2013. 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. 840 City Commission Memorandum-Revocable Permit BOO First Street -Memo September 11, 2013 Page 3of3 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 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 approving the resolution on Second Hearing Public Hearing. Attachments: A. Sketch and Legal Description B. Letter of Intent C. Revocable Permit Application D. Elevation View and Roof Plan T:\AGENDA\2013\September 11\Revocable Permit BOO First Street Memo.docx 841 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING 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 AND UP TO A MAXIMUM HORIZONTAL DIMENSION OF 5'-0" AT 9'-B"ABOVE THE SIDEWALK. WHEREAS, First Street Development LLC (Applicant) is the owner of a commercial property located at 800 151 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, at a minimum horizontal dimension of 2'-2" at 9'-6" above the sidewalk and up to a maximum horizontal dimension of 5'-0" at 9'-8" above the sidewalk; and WHEREAS, the Applicant applied 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 of the City Code, 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; and WHEREAS, at the July 19, 2013 City Commission meeting, Resolution No. 2013-28260 was adopted which set a public hearing for September 11, 2013 for the City Commission to consider the revocable permit request of the Applicant; and WHEREAS, the Administration recommends approval of the Applicant's revocable permit request. 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 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 and up to a maximum horizontal dimension of 5'-0" at 9'-B"above the sidewalk. PASSED AND ADOPTED this 11 1h day of September, 2013. ATTEST: Matti Herrera Bower, Mayor Rafael Granado, City Clerk T:\AGENDA\2013\September 11 \Revocable Permit 800 First Street Reso.docx 842 -----------------------------~---~-~--~~ Attachment A SKETCt-1 AJIE) L.EGAL. OE8CRIPT10N BY PULICE LAND SURVEYORS, INC. 5381 NOS ........_ FIOAD 8UNAISE, FL.OADA 33351 TELEPHONE: (954) ~72-1777 • FAX: (954) ~7-2-1776 E-MAIL; ourve~Opullceh:mdeurve}IQrs.oom CERllFICA"TE OF AUTHOR1ZA110N LS~e7o LEGAL DESCRIPTION: PORTIONS OF Tl-IE RIGHT-OF-WAY OF FIRST STREET AS DEDICATED BY THE PLAT OF OCEAN BEACH, FLA. ACDinDN NO. 3, ,i,CCORDING TO THE PLAT THEREOF', AS RECOROf;D IN Pt..AT BOOK 2, PAGE 61, Of THE PU6LIC RECORDS OF MIAMI-DADE COUNTY, FLORIO,I,, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 11, BLOCK 52, OF SAID PLAT. SAID POINT BEING OF TilE SOUTH RIGHT-OF-WAY UNE OF SAID FIRST STREET; THENCE NORTH 90'00'00• EAST ALONG SAID SOUTH RIGHT-OF-WAY UNE, ALSO 8EING THE NORTH UNE OF SAID BLOCK 52, FOR 1.5fi FEET TO POINT OF BEGINNING 'A', 11-IENCE CONTINUING NORTH 90'00'00" EAST AlONG SAID SOUTl-1 RIGHT-OF-WAY LINE ANO SAID NORlli UNE OF BLOCK 52, FOR 23.71 FEET TO REFERENCE POINT 'A'; THENCE NORlH 00'00'00" WEST 2.17 FEU; il-IENCE SOUTH 90'00'00" WEST 23.71 FEET; THENCE SOUTH 00'00'00" EAST 2.17 FEET TO THE POINT OF SEGINNJNG. TOGETHEA WITH: COMMENCING AT SAID REFERENCE 'A', SAIO POINT BEING OF THE SOUTH RIGHT-OF-WAY UNE Of" SAID FIRST STREET: Tl-IENCE NORlH 90'00'00" EAST ALONG SAJO SOUTH RIGHT-OF-WAY LINE, ALSO BEING THE NORTH LINE OF SAID BLOCK 52, FOR 21.40 FEET TO POINT or BEGINNING 'B', lHENCE CONTINUING NORTH 90'00'00" EAST ALONG SAID SOU11-I RIGHT-OF-WAY UNE ANO SAID NORTH UNE OF BLOCK 52, fOR 25,17 F(ET TO REFERENCE POINT '6'; l11ENCE NORTI-1 00'00'00" WEST 5.00 FEET; TI-IENCE SOUTH 90'00'00" ~ST 25.17 FEET: THENCE SOUTH 00'00'00" EAST 5.00 fEET TO THE POINT OF BEGINNING. TOGETHER WITH: COMMENCING AT SAID REFERENCE '8', SAID POINT BEING OF THE SOUTH RIGHT-OF-WAY UNE Of SAID FIRST STREET: 11-lENCE NORiH 90'00'00" EAST ALONG SA.IO SOUTH RIGHT-OF-WAY UNE, ALSO BEING THE NORTH UNE OF SAID BLOCK 52, FOR 4.2J FEET TO POINT OF BEGINNING 'C', THENCE CONTINUING NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY UNE AND SAID NORTH UNE OF BLOCK 52, FOR 23.88 FEET TO REFERENCE POINT 'C'; THENCE NORTH 00'00'00" WEST 2.17 FEET; THENCE SOUTli 90'00'00" WEST 23.88 FEET; THENCE SOUTI! 00'00'00" EAST 2.17 FEET TO lHE POINT OF BEGINNING. TOGETHER Vllnl: C0Mt.4ENCINC AT SAID REFERENCE 'C', SAID POINT BEING OF THE SQUil-l RIGHT-OF-WAY LINE OF SAID FIRST STREET; "!HENCE NORTH go•oo'DO" EAST ALONG SAID sourn RIGHT-Of-WAY UNE, ALSO BEING THE NOR11-I LINE OF SA!D BLOCK 52, FOR 1.49 FEET TO POINT OF BEGINNING '0', THENCE CONTINUING NORTH 90"00'00• EAST ALONG SAID SOUTH RIGHT-OF-WAY UNE AND SAID NORTrl UNE OF BLOC1< 52. FOR 24.80 FEET; THENCE NORlH 00'00'00" WEST 2.17 FEET; THENCE SOUTH 90'00'00" WEST 24.80 fEET; 11-IENCE SOUTH OO'OO'oo• EAST 2.17 FEET TO THE POINT Of BEGINNING. SAiD LANDS SITUATE, LYING AND BEING IN t.IIAt.ll-DADE COUNTY. FLORIDA AND HAVING A COMBINEC AREA CONTAINING 283 SQUARE ORDER NO.: 55514 A DATE= 12-14-12 Fl...e 730 FIRST 81 HEEl ASSOCIAiES, LLC. SHEET1 OF3 843 lHIS DOCUMENT IS NEITHER FULL NOR Or.IPLETE ~THOUT SHEETS 1 lHROUGH 3 ------------------------------- ....;. -"---- SKETCH AND L...EQAL CE8CRPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HU. AOAO SlNEE. R.OROA 33351 TELEPHONE: (954) 572-1777 • FAX: (954) 572-1778 E-t.IAIL: •urve.)IIIIOpulloelondllurveyora.corn CER11F1CATE OF AUTHORIZATION LBI~570 2.17' FIRST STREET 100' RIGHT-OF-WAY (PLAT BOOK2, PAGE 81) . REF'ERENCE POit-IT '8' SOO'OO'oo·e s.oo· 5.00' NOO"OO'OO"W 2.17' Noaoo·oo·w ... s ... 3 LOT 12 :;; w NOTES: socroo•oo·e LOT 11 25.17' 890'00!oo~w LOT 10 LOT 9 LOT 8 LOT 7 1) BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON TJiE SOUTH RIGHT~OF-WAY LINE OF FIRST STREET, BEING NOO'OO'OO"E. 2) THIS IS NOT A SKETCH OF 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. · FOfll BERCOW AAOEl..L + FERNANCEZ. PA 13CALE: 1'•20' ORDER NO.J 55514 A DATE: 12-14-12 MIAMI-DADE COUN'lY, A...ORIDA LEGEND: ct O.R.B. SHEET 2 OF3 l'HIS DOCUMENT IS NE!iHER fUll. NOR COMPLETE WITHOUT SHEETS 1 THROUGH J CENTERLINE OFFICIAL RECORDS BOOK P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING 844 NOTES: SKETCH AN:'J L.EOAL OE9CAF110N BY PULICE LAND SURVEYORS, INC . .5381 NOB HLL ROAD SUNEE, PLORDA 00951 TELEPHONE: (954) 572-1777 • F'AX: (954) 572-1776 E-t.IAIL: eurveyeOpulloelond•urvos)'Ol"e.com CERTIFlCATE OF AU11-IORIZA TlON l.Bi3870 LOCATION MAP NOT TO SCALE 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 REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. SCALE: N/A F=LS: 730 FIRST SIFEEI ASSOCIATES, LLC. SHEET 3 OF 3 THIS DOCUMENT IS NEl"THER FULL NOR COMPLElE WITHOUT SHEETS 1 ~ROUGH 3 LEGEND: ~ CENTERLINE O.R.B. OFFICIAL RECORDS BOOK 845 --------------------------------------------------- Attachment B ~ BERCOW RADELL & FERNANDEZ ZONING, LAND USE AND ENVIRONMENTAL LAVV VIA HAND DELIVERY May 22,2012 Richard Lorber, Acting Director Planning Department City of Miami Beach DIRECT LINE: (305) 377-6229 E-Mail: gpenn@BRZoningLaW.CQm 1700 Convention Center Drive, 2nd Floor Miami Beach, Florida 33139 Re.: Request for Modification of Planning Board Order (File No. 2014) for Property Located at 730-804 First Street, Miami Beach, Florida Dear Richard: This firm represents 730 First Street Associates, LLC and First Street Development, LLC (coLlectively the "Applicant"), the applicants and owners of the property located at 730-804 First Street ("Property"). The Applicants seek the Planning Board's approval of a small modification to the approved plan of redevelopment for the Property and a technical revision/ clarification to a condition of approvaL This letter will serve as the required letter of intent in connection with the application. Description of the Propertx. The Property is located mid-block on the south side of First Sh·eet between Jefferson Avenue and Washington Avenue. To the south of the Property is an existing ailey. Across First Street to the north is existing multifamily residential development zoned RPS-1. The parcels to the east and west of the Properly are currently developed with commercial uses. The Property is zoned CPS-1 is subject to Sections 142-698 and 142-699 of the Miami Beach Land Development Regulations. The Property vns the subject of a Conditional Use Permit issued by the Planning Board on June 28, 2011, which approved a seven-story mixed-use building that exceeds 50,000 square feet, inclusive of parking. Dey_eloprnent Plan. As approved, 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). The parking garage has been designed to serve the con1mercial and residential uses on the Property/ including the existing Mild s restaurant (730 First Street) to the east of the proposed new building. WACHOVIA FINANCIAL CENTER • 200 SOun-i BISCAYNE BOULEVARD, SUITE 650 • MIAM1 1 Fl<JRIOA ::13131 PHONE. 305.374.5300 • FAX. ::105.377.6222 846 Richard Lorber, Acting Director May 22,2011 Page2 The Design Review Board has approved the development plan and the Applicant secured setback and height variances from the Board of Adjustment (File No. 3531) late last year and early thisyear. Modifications. The Applicant proposes to make slight revisions to the interior layout of the building in order to increase the size of the planned single-family home. The overall floor area of the building is proposed to increase from 33,139 square feet to 35,832 square feet, a change of just over 2,600 square feet. The change will not result in any significant visible alteration to the building, nor will it create an additional impact on the surrounding neighborhood. Because the change will result in a marginal impact on the project's floor area ratio, however; we have filed the instant application seeking a public hearing approval from the Planning Board. We believe that the revised plan, like the approved plan, is consistent with all of the relevant conditional use criteria. The Applicant further requests u teclmical revision to Condition No. 7, to clarify that a Certificate of Occupancy for the single family home may issue prior to the point that an operation plan for the conunercial uses has been submitted. The Applicant requests that the condition be modified to read as foilows: 7. An operation plan for the restaurants and commercial uses shall be submitted to Planning Department staff for review and approval prior to the issuance of a Certificate of Occupancy for any restaurant. or commercial use, Gertifi~e of Completion, or Business Tax Receipt for any restaurant or commercial use, whichever occurs first. Conclusion. The redevelopment of the Property will create an innovative mixed- use project that will be a welcome addition to this area of the City. We look forward to your favorable reconunendation. If you have any questions o:r comments, please call me at 305-377-6229. cc: Russell Galbut Nelson Fox Jon Cardello, AlA Michael Larkin, Esq, i I 8C.RCOW RADELL & FERNANDEZ ZONING, L.A.ND USE AND E!NVIRONMENTAL LA~ 847 Attachment C CITY OF MIAMI BEACH APPLICATION FOR REVOCABLE PERMIT FILE NO:~------- DATE: _________ ~----- 1. NAME OF APPLICANT: First Street Development, LLC 2. APPLICANT'S ADDRESS: 2200 Biscayne Boulevard 3. APPLICANT'S BUSINESS TELEPHONE: c/o Graham Pellll, Esq., 305-37f6229 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 <Jf738 First Street (Folio 02-4203-009-2330) 5. iillDRESS AND LEGAL DESCRIPTION OF APPLICANT'S PROPERTY ABUTTING SUBJECT CITY PROPERTY: 73 8 First Street, consisting of the western 8 feet of Lot 7 and Lots 8 tluough 11 of Block 52 of the Ocean Beach Addition Subdivision, recorded at Plat Book 2, page 81 of the Public Records of Miami-Dade Cotmty. 6. HAS A PUBLIC HEARING BEEN HELD PREVIOUSLY REGARDING THIS REQUEST? YES __ NO X IF SO, WHEN:. _____________ _ FILE NO. OF PREVIOUS REQUEST: N/ A 7. BRIEFLY STATE REQUEST EXPLAINING THE REASONfNEED 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: ------- 848 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 FOR ITEMS TO BE SUBMITTED WITH THIS APPLICATION (SECTION 82-92, ITEMS 1 THROUGH 9). NO WORK SHOULD BE PERFORMED IN THE SUBJECT CITY PROPERTY UNTIL A REVOCABLE PERMIT APPROVED BY THE CITY COMMISSION IS OBTAINED. IT IS lHE RESPONSIDILITY OF THE OWNER AND/OR THE CONTRACTOR TO OBTAIN THE REQUIRED PERMITS AND INSPECTIONS FOR ALL 'VORK ON THE SUBJECT CITY PROPERTY. ALL WORK MUST COMPLY WITH THE APPLICABLE CODES AND ORDINANCES. ALL DATA SUBMITTED IN CONNECTION WITH TIDS APPLICATION BECOMES A PERl\11\.NENT PART OF THE PUBLIC RECORDS OF THE PUBLIC WORKS DEPARTMENT OF THE CITY. FILE NO.-------- THE SUBJECT PROPERTY IS AT THE FOLLOWING STREET ADDRESS: 738 First Street MIAMI BEACH, FL. 849 ~~~~~~~~~~~~~~~~-~------------- INSTRUCTIONS: COMPLETE OWNER AFFIDAVIT OR CORPORATION AFFIDAVIT, AS APPLICABLE, ALSO, IF YOU ARE GIVING POWER OF ATTORNEY TO AN INDlVIOUAL TO REPRESENT YOU ON THIS REQUESI, COMPLETE THE LAST AFFIDAVIT. OWNER AFFIDAVIT I, ~_/( G/6..+,-being 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. ~-· C9mmission Expires: . . . . . . ***-*'***'rYii-ili:'llll*ilnlti~:*~~ ... *"*oi!I*~·~~~~-.;"J~*~**)I.~~-*-il*'"_*~~-*~~~.t:*~~&*****'*.,*~*k11tk,_ir'f"*~"***"'*''lo:1.~***:-t-k- LIMITED LIABILITY COMPANY AFFIDAVIT I, Russell Galbut, being duly sworn, depose and say that I am the Managing Member of the aforesaid limited lirnited liability company, and as such, have been authorized by the company to file this application far 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 bel1ef; 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 QWNERJPOWER OF ATTORNEY AFFIDAVIT Russell Galbut, 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 Bercaw 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: -----"-"----- 850 Attachment 0 l~c& _, ... !-~-- "'"""" ~ ~ ~ ~~,_,.~ ..... ,a. J!,_~ ~--·- __ .E!B~~-~IB..~E.l ___ -'i·-·-·-------·-·-·-·-· ;---·-· :I~Ul. 851 -------------------------------------------- 852 853 MIAMI BEACH CITY OF MIAMI BEACH NOTICEOFPUBUCHEAmNGS NOTICE IS HEREBY glven that pubfic hearings will be held by the Map and City Commission of the City of Miami Beach, Florida, In the Commission Chambers, 3rd Floor, City Hall, 1700 Corwen!lon Center Drive, Miami Beach. Flcrida. on Wednesd!IY, September 11, 2013 to consider the following: 11:45 a.m. A ResolutiOn Approving A Revooabh~ Permi Request By First Street Development, LLC, As The Owner Of The Commercial Property Located At 800 First Street, To Construct Four (4) Concrete Eyebrows 'T'hat Project Over And Into The Public Rtght-01-Way, At A Minimum Horizorllal Dimension Ot 2'·2" M. 9'-6" Above The Sidewalk, To A Maximum Horizontal Dimension Of 5'..()" At 9'-8"Above The Sidewalk. lnquir:es may be directed to the P(blic Works Department at (305) 673-7080. 12:00 p.m. Vacation Of Alleyway. 500 Afion Road A Rerolutloo Approving, On Second Reading, The Vacation Of An Alley located In TheSOOBiock Of Allen Road, ContainingAP!)rol(imately 6.005 Square Feet, In Favor Of The Adjacent Prl)Jl~Yty Owners, South Beach Helghts J, LLC, 500 Alton Road Venh.res, LLC. And 1220 Sixth, LLC. Inquiries may be directed to the Pub~Zc Works Department at (305) 673·7080. 1:1:15 p.m. A Resolution Accepting The Recommendation Of The Finance And C~ywide Projects Committee Pertaining To The Early Termination Of An Existing Retail lease Agreement Between The City And Damian J. Gallo & Associates, Inc. D/8/A Permit Doctor; Approving And Authorizing The Mayor And City Clerk To Execute: 1) A New Lease Agreement Between The City And Damiarl J. Gallo & Associate$. Inc. 018/A Pefmit Doctor, For An Initial Term Of Three (3) Years, With Two (2} Renewal Options For Two (2) Years Each, Involving The Use Of Approl<imately 1,269 Square Feet Of City-Qwned Property located At 1701 Meridian Avenue, Unit 4 (NKIA 775 17tn Street). Miami Beach. Florida (!'he "Leased Premises"); And 2) A Revoc.able Concession Agreement Between The City And Damian J. Gallo & Associates. Inc. DIS/A Permit Doctor, Allowing For An Outdoor Sealing Area, Adjacent To The Leased Premises; And Further waiving By 517ths Vbte. The competitive Bidding Requirement. Finding Such Waiver To Be In The Best Interest Of The Public. Inquiries may be directed to the Real Estate, Housing & Commllllity ~vclopment Office at (305) 67.:3-7260. INTEAESlED PARTIES are invited to appear at this meeting, or be represented by an agent, or to e>tpreSS their views in writing addressed to 111e City Commlssion, c/o the City Clerk, 1700 Convention Centllr Orrve, 1st Floor. City Hall, Miami Beai;h, Florida 33139. Copies of these items aJli available for public inspection during normal business hours in the C~y Clerk·s Office. 1700 Convention Center Drtve, 1st Fioor, City Hal~ Miami Beach, Florida 33139. This meeting or any of the items heroin may be cootinued. and under such circumstances additional legal ootice will not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the C!ty hereby advises the public that if a person decides to appeal any deciSion made by the City Commission with respect to any ma±ter considered at its meeting or Its hearing, such person must ensure that a 1/e'batim record ol the proceeding$ iS made. which record 111clude!llhe testimony and evidence upon which the appeal Is to be based. This notice doe$ not constitute cOnsent by the Cay for the introduction or admission of otharwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. 10 request this malo 11 accessible format, sign language ir1terpre!ers, 1nforrnatiooonaccessforpersonswllhdlsabilftie&andloranyaccommodation to re\!iew 'lll'rJ document or participate i'l any City·sponsored proceedirg, pleaS& contact us five days in advance al (:305) 673-7411{voice) or TIY IJS81'S may also call the Florida Relay Service at 711. Ad lf198 854 THIS PAGE INTENTIONALLY LEFT BLANK 855 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, 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; Ratifying The Closure Of The Linear Alley Previously Approved By Resolution 2005-25869; Waiving By 517ths Vote The Competitive Bidding Requirements As Required By Section 82-39 Of The City Code; Imposing Conditions For Such Vacation As Are Appropriate Under The Circumstances; And Authorizing The Mayor And City Clerk To Execute The Closure Documents, And To Accept The Grant Of Easement And Agreement For Storm Water And Transportation Improvements, Subject To Final Approval Of Such Documents By The City Manager And City Attorney. Key Intended Outcomes 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 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, running from West Avenue to 61 h Street This vacation is required in order for the Applicant to proceed with the development review process. The Applicant has previously requested that the City vacate a linear alley extending from 51h Street to 61 h Street, which vacation was approved by the City Commission on April 20, 2005, by Resolution 2005- 25869, and in an abundance of caution such prior vacation is confirmed in this approval. Per City Code Section 82-37 a. (2), the City Commission shall have read the title of the Resolution approving the sale, lease or vacation of public property for a term of more than ten ( 1 0) years on two separate dates, with the Second Reading to be accompanied by a Public Hearing. A First reading by the City Commission was held on July 17, 2013, and referred to the Finance and Citywide Projects Committee (FCWPC). The FCWPC heard and passed the item at its July 25, 2013 meeting. A Second Reading and Public Hearing is scheduled for the September 11, 2013. In return for vacating the alley, the developer has proffered certain infrastructure improvements including but not limited to an easement to the City over, across, under and through the Property for purposes of the installation, operation, maintenance and repair of transportation improvements, including but not limited to a pedestrian overpass (including the installation of any subterranean infrastructure). In addition, the project includes the design and installation of storm water improvements consisting of subterranean storage tanks providing storage for at least 287,980 gallons of public stormwater on the Property, which agreement between the Developer and the City will be agreed to in a document entitled, Grant of Easement and Agreement for Storm Water and Transportation Improvements. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION ON SECOND READING PUBLIC HEARING. Advisory Board Recommendation: IN/A Financial Information· . Source of funds # Amount I I 1 Financial Impact Summary: City Clerk's Office Legislative Tracking: Douglas Seaman, ext 6343 Si nt Director ETC MrAMIBE.ACH Account 856 Approved Agenda Item --=R_7:._..:.M---'-='_ Date fi.-11-13 I ----------------------------------------------------- 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: September 11, 2013 COMMISSION MEMORANDUM SECOND READING PUBLIC HEARING SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, 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; RATIFYING THE CLOSURE OF THE LINEAR ALLEY PREVIOUSLY APPROVED BY RESOLUTION 2005-25869; WAIVING BY 5/7THs VOTE THE COMPETITIVE BIDDING REQUIREMENTS AS REQUIRED BY SECTION 82- 39 OF THE CITY CODE; IMPOSING CONDITIONS FOR SUCH VACATION AS ARE APPROPRIATE UNDER THE CIRCUMSTANCES; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CLOSURE DOCUMENTS, AND TO ACCEPT THE GRANT OF EASEMENT AND AGREEMENT FOR STORM WATER AND TRANSPORTATION IMPROVEMENTS, SUBJECT TO FINAL APPROVAL OF SUCH DOCUMENTS BY THE CITY MANAGER AND CITY ATTORNEY. ADMINISTRATION RECOMMENDATION The Administration recommends approving the Resolution on Second Reading Public Hearing. 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). 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 (Attachments B, C & D ), 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. The Applicant has previously requested that the City vacate a linear alley extending from 5th Street to 61n Street, which vacation was approved by the City Commission on April 20, 2005, by Resolution 2005-25869, and in an abundance of caution such prior vacation is confirmed in this approval. 857 500 Alton Road Alley -Memo September 11, 2013 Page 2 of3 Per City Code Section 82-37 a. (2), the City Commission shall have read the title of the Resolution approving the sale, lease or vacation of public property for a term of more than ten {1 0) 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 (7) days prior to such hearing, in order to obtain citizen input into the proposed sale or lease; and A First reading by the City Commission was held on July 17, 2013, at which time the vacation was referred to the Finance and Citywide Projects Committee, and a Second Reading and Public Hearing is scheduled for the September 11, 2013 Commission meeting. The Finance and Citywide Projects Committee heard and passed the item at its July 25, 2013 meeting. In return for vacating the alley, the developer has proffered certain infrastructure improvements including but not limited to an easement to the City over, across, under and through the Property for purposes of the installation, operation, maintenance and repair of transportation improvements, including but not limited to a pedestrian overpass (including the installation of any subterranean infrastructure) (Attachment G). In addition, the project includes the design and installation of storm water improvements consisting of subterranean storage tanks providing storage for at least 287,980 gallons of public stormwater on the Property, which agreement between the Developer and the City will be agreed to in a document entitled, Grant of Easement and Agreement for Storm Water and Transportation Improvements. 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. 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 infrastructure 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, construction of a stormwater storage basin on site and provision of an easement for public use that could include a future landing of a Fifth Street pedestrian bridge for continuation of the Baywalk project. Pursuant to the criteria established under Section 82-38 of the City of Miami Beach Code of Ordinances for the granting/denying of "Sale or Lease of Public Property", the City Planning Department has analyzed the criteria (Attachment E). In accordance with Section 82-39 of the Code of the City of Miami Beach, the Public Works Department has obtained an independent appraisal of the fair market or rental value of the alley to be vacated, {Attachment F). The independent appraisal was done by Bondarenko Associates, Inc. who was selected from five bidders. Bondarenko Associates, Inc. is experienced in determining a reasonable return for projects of a public/private joint venture nature. The appraisal has determined the value of the property based on proposed and possible uses including, without limitation, the highest and best use(s) of the property thereof by a proposed purchaser or lessee. Since this alley is totally within the proposed development the vacation is for the benefit of the proposed development. The City believes that the consideration to be 858 500 Alton Road Alley-Memo September 11, 2013 Page 3 of3 received by the City for vacating this alley, as set forth herein, provides fair market value to the City. The vacation of the alley is for the internal improvements per a Development Agreement and should not be open to a public bid. As a result a waiver by 5/ihs vote of the competitive bidding requirements as required by Section 82-39 of the City Code is required in order for the Mayor and City Clerk to execute the easement vacation agreement. CONCLUSION The Administration recommends approving the Resolution on Second Reading Public Hearing. 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 E. Planning Analysis of Proposed Vacation of Alley-500 Block of Alton Road F. Appraisal Report of Alley G. Draft Grant of Easement and Agreement for Stormwater and Transportation Improvements. MT/~JJF/RWS T'A::"CifNf)A\20:3\September 11\500 of A!m'l Road-MFMO.docx 859 Attachment A OPINION OF TITLE To: City ofMiami Beach With the understanding that this Opinion of Title is :furnished to the City of Miami Beach, as inducement for acceptance of a Declaration of Use, Unity of Titl~, Declaration of Restrictions, Development Agreement or as an inducement for acceptance of a subdivision plat or tentative plat, covering the real property, or other land use approval hereinafter described~ it is hereby certified that I have examined a complete Abstract of Title or Title Commitment covering the period from the beginning to the 24th day of December, 2012 at the hour of 11:40 p.m., inclusive, of the following described property: S~ ~bit ''A" attached hereto , l am of the opinion that on the last mentioned date, the fee simple title to the above-described .• real property was vested in: 5QO ALTON ROAD VENTURES. LLC, a Delaware limited liability company (as to Parcels 1-3) Sole Member is 500 Alton Road Holdings, LLC, a Delaware limited liability company Authorized Signatories: Sharon Christenbury and Chaim Elkoby SOUTH BEACH HEIGHTS I. L):._b a Delaware limited liability company (as to Parcels 4 and 5) Sole Members are SBH Holdings 1, LLC. a Delaware limited liability company. and SBH Management Company, LLC, a Delaware li.mited liability company Authorized Signatories: Sharon Christenbury and Chaim Elkoby 1220 SIXTH. LLC, a Delaware limited liability company (as to Parcels 5 and 6) Sole Member is SBH Holdings 1, LLC, a Delaware limited liability company Authorized Signatories: Sharon Christenbury and Chaim Elkoby Subject to the following encumbrances, (If"none" please indicate): L RECORDED MORTGAGES: Mortgage and Security Agreement executed by 1220 Sixth, LLC, a Delaware limit~ liability company, Mortgagor, in favor ofMAU~MAU Corporation, a Florida corporation, Mortgagee, dated December 1, 2011, recorded December 5, 2011 in Official Records Book 27915, Page 3697, of the Public Records of Miami-Dade County, Florida. 860 Opinion ottid'e Pa.&e-2:: Therefore, it is my opinion that the folloWing party(ies) llll.lSt join in the proffered tiocutn:ent' in o:r:der to make it valid. and binding -on-'the lands described herein. ~ 500 ALTON ROAD VENTURES, LLC SOunt BEACH HEIGHTS I, LLC:, . aDelaw~ llinited liability' company 1220 SIXTH~ UC~ a Delaware llinitel;i liability compapy MAU~MAU COEPORATION, a F}Qrida:corporation Tnterest OWner [1lUS SPACEl~ INTENTIONAlLY LEFT aLANKJ 861 Opinio.MtfTitle Page·~- I HEREBY CERTIFY that the legal description contained in this Op.inion of Title coincides with, and is the same as, the legal description in the proffered, recordable docwnent. IJ the undersigned, further certifY that I am an attomey-at-law duly admitted to practice in the State ofFlorida and a member in~·standing oftheFlori~aBar. RespectfullysubmittedthisLdayofF~ C.. . ~- STATE OF FLORIDA ) ) 8$ COUNTY OF :MIAMI-DADE ) My Commission Expires: 862 Name Printed Name --Steven E. Gold.m.an Florida Bar No. 0259543 Address; Greenberg Traurlg, P .A. 3"33 S.E. zru! Avenue, Suite 4400 Miami, Fl<Jrida 33131 Print Name G~Stvl:t.w$~ : -1)'~ .. sure ot flolldl , My CC!mll'l. Elplr11 Mar · ·CO!itmtm:>P.·# oo 97~799 EXHIBIT "A" Legal Description PARCEL 1: LOTS 2 THROUGH 10, INCLUSIVE, AND LOT 15, OF "AMENDED PLAT OF AQUARIUM SITE RESUBDIVISIONU, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN' PLAT BOOK 21, PAGE 83, OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY. FLORIDA. PARCEL2: LOTS 1, 16, 17. 18 AND 19, OF "AMENDED PLAT OF AQUARIUM SITE RESUBDNISION'', ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 83, OF TilE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIJ)A, LESS THE FOLLOWING DESCRIBED PARCELS: BEGIN AT THE SOUTHWEST CORNER OF LOT 19 OF "AMENDED PLAT OF AQUARIUM SITE RESUBDMSION", AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. RUN NORTH ALONG THE WEST UNE OF SAID LOT 19 FOR A DISTANCE OF 25.15 FEET TO THE POINT OF INTERSECTION WITH Tiffi RIGHT-OF-WAY LINE OF STATE ROAD A-1-A; THENyE DEFLECTING 87<)01'19 11 TO THE RlOm, RUN ALONG TIIE RIGHT-OF-WAY LINE OF STATE ROAD A-1-A FOR A DISTANCE OF 37.88 FEET TO THE POINT OF CURVATlllkE OF A CIRCULAR CURVE TO THE LEFT; THENCE RUN ALONG THE ARC OF SAID CURVE, HA VINO A RADIUS OF 65.5 FEET AND A CENTRAL ANGLE OF 87°Q0'49", FOR AN ARC DISTANCE OF 99.47 FEET TO 1HE POINT OF TANGENCY WITH THE EAST LINE OF SAID LOT 1, SAID POINT BEING 7.48 FEET SOUTH OF TilE NORTIIBAST CORNER OF SAID LOT 1; THENCE RUN SOUTH ALONG THE EAST LINE OF LOT 1 1, FOR A DISTANCE OF 28·.72 FEET TO A POINT OF CURVATURE OF A CIRClJI.AR CURVE TO THE RIGHT; TIIENCE RUN ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 63.80 FEET AND A CENTRAL ANGLE OF 89°59'30'\ FOR AN ARC DISTANCE OF 100.21 FEET TO A POINT OF TANGENCY WITH THE SOUTH LINE OF LOT 1, AT A DISTANCE OF 11.20 FEET FROM THE SOUfHWEST CORNER OF LOT 1; THENCE RUN "WEST ALONG SOUTH LINE OF SAID LOTS 1 AND 19 FORA D1STANCE OF 36.20 FEET TO THE POINT OF BEGINNING. AND BEGINNING AT THE SOUTHEAST CORNER OF LOT 18 OF 11AMENDED PLAT 0F AQUARIUM SITE RESUBDMSION'\ AS RECORDED IN PLAT BOOK 21, PAGE 83~ OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, RUN WEST ALONG THE SOUTII LINE OF LOTS 1 S AND 17 A DISTANCE OF 62.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE RUN ALONG THE 863 ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 66°03'04", FOR AN ARC DISTANCE OF 23.Q6 FEET TO THE POINT OF TANGENCY WITH THE WESTERLY LINE OF SAID LOT 17; THENCE RUJN NORTHWESTERLY ALONG SAID WESTBRL Y LINE OF LOT 17, A DISTANCE OF 27:39 FEET~ THENCE RUN SOUTHEASTERLY ALONG THE ARC 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 DISTANCE OF 23.58 FEET TO A POINT; THENCE RUN EASTERLY ALONG A STRAIGHT LINE A DISTANCE OF 74.72 FEET TO A POINT ON 1HE EAST LINE OF SAID LOT 18. SAJD POINT BEING 25.15 FEET NORTH OF THE SOUTHEAST CORNER OF LOT 18; THENCE RUN SOUTH ALONG SAID EAST LINE OF LOT 18, FORA DISTANCE OF 25.15 FEET TO THE POINT OF BEGINNING. PARCEL 3; LOTS 13 AND 14. OF 11AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION 1t, ACCORDING TO TIIE. PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THEPUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LAND' DESCRIPTION: (600-630 ALTON ROAD) LOTS 1 THROUGH 7, INCLUSIVE AND LOTS 27 THROUGH 32; INCLUSIVE, BLOCK 2, "AMENDED PLAT FLEETWOOD SUBDIVISION", ACCORDING TO Tim PLA.T THEREOF, AS RECORDED IN PLAT BOOK 28 AT PAGE 34, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; LESS AND EXCEPTING THOSE PORTIONS OF SA'IO LOTS I AND 2, OF BLOCK 2, OF SAID PLAT OF "AMENDED PLAT FLEETW00D SUBDMSION", MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ~T THE NORTHWEST CORNER OF SAID LOT 2; THENCE RUN SOUTII. ALONG THE WEST LINE OF SAID LOT 1 AND 2 FOR A DISTANCE OF 95.00 FEET TO A POINT OF CURVATURE; TIIENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CIRCULAR CURVE TO THE LEFT HAVING FOR ELEMENTS A RADIUS OF 15.00 FEET AND A CENTRAL ANGLE OF 90 DEGREES FOR AN ARC DISTANCE OF 23.56 FEET TO A POINT OF TANGENCY WITII Tiffi SOUTH LINE OF SAID LOT 1; THENCE RUN EA?T ALONG THE SAID SOUTH LINE OF LOT 1 FOR A DISTANCE OF 23.87 FEET; THENCE RUN NORTHWESTERLY ALONG 'THE ARC OF A CIRCULAR CURVE TO mE RIGHr, HAVING FOR ELEMENTS A RADIUS OF 15.00 FEET AND A CENTRAL ANGLE OF '73 DEGREES 36 MINUTES 39 SECONDS FOR AN ARC DISTANCE OF 19.27 FEET TO' A POINT OF TANGENCY; THENCE RUN NORTH 16 DEGREES 23 MINUTES 21 SECONDS WEST FOR A DISTANCE OF 51.32 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1; THENCE RUN NORTH 11 DEGREES 18 MINUTES 35 SECONDS WEST FOR A DISTANCE OF 50.99 FEET TO THE POINT OF BEGINNING, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITII: 864 LOTS 23 THROUGH 26, INCLUSIVE, BLOCK 2, "AMENDED PLAT FLEETWOOD SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28 AT PAGE 34, OF THE PUBUC RECORDS OF DADE COUNTY, FLORIDA. LAND DESCRIPTION: (1220 6TH STREEn LOTS 11 AND 12, OF 11 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 COUN1Y, FWRIDA.. .• UIA GOLDMAN$ 183,001,7~!Ml <;-1-fJ ()514~5.081700 865 iJ _J ~·. Ill Ill tr 1- ALta~hmcnt B Vll~l:l \.UNIUO !JUIIU·JI'f,'ll'i' 'H'J'I/311 P'Nih .:10 ,I..J:! ll:Lll/\ 866 Attachment C COUSINS SURVEYORS & ASSOCIATES, INC. tpROJECl NUM!lU~: ljl;!44-ll ) 3921 SW 47TH AVENUE, SUITE 1011 . DAVIE, fWRIDA 33314 CLIENT : CERTIFICPE OF AUTHORIZATION~: LB If 6448 CRESCENT HEIGHTS PHONE ~;954) 6&9-7766 FAX i954) 689-7799 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 RESUBOIV/SION", ACCORDING TO THE PLAT THEREOF, t.S RECORDED IN PLAT BOOK 21, PAGE 83, Of THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, 8(1NG MORE PARTICULARLY DESCRIBE{) AS fOLlOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 10; THENCE NORTH 89' 37'30" EAST ALONG THE NORTH LINE OF SAID LOT 10 AND THE SOUTH RIGHT OF WAY LINE OF "6TH STREfT", A GI!:>TANCE OF 14.21 FEET; THENCE SOUTH 00'22'51,. tAST 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 !I.LONC THE SOUTH LINE OF THE NORTH 20.00 FEET OF SAfD LOT 13 AND ITS EASTERLY EXTENSION, A DISTANCE OF 154.21 FEET; THENCE NORTH oo•£2'51" 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 1 00.00 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, MIAMI/DADE COUNTY, FLORIDA; CONTAINING 6,005 SQUA!lE FEET MORE OR LESS. REVISIONS DATE REC i fP.M1'El'li'l' Alill!ttSS : . LAND DESCRIPTION t5oa BLOCK, ~i~MI BEAC~ F8/l'G .. DWN . CKD ; 12/27/1~. AV & SKETCH FOR (scALE:"N(A . J ALLEY VACATION · ~ t----------!1---+---+---+-~ --·-______ .,(s~EET 1 ·or 3 J 867 COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 ) 3921 SW 47TH AVENU£, SUITE 1011 ·CLIENT •. DAVIE, FLORIDA 33314 CERTIFISATE •. .,OF AUTHORIZATION.,: .L.~ fl 6448 CRESCENT HEIGHTS . PHONE l954J 6B9-7766 FAX J$54J 689-7799 r---~wEsT~-~f-uNo"~DE5cRiP;ION-7NosKm~-· --· $·. -l AVENUE ~ .. .. ... .· . · j: 1 · . , r N00"22.'s1'·w 1 ·. ·. · .. · · I 2a.oo· ·I • ... -~--. _ EASi,.Jll~HT.:: .. Or -WAY 4.1N~~ .~ _ • • l 1 . W~~ ~r WEST liNE-LOT 12 .~ WEST LINE-LOT 11 ' •! 1 I I 1 I 1 I 'l ! .; I j I f I t ' "A~EMOED PLAT Of ACUARIU~ SITE RESUBDIVISION'" {P.B. 21, PG. :83, M/O.C.R.) f r I I ) I I J § -"" l I I -1"-•-"""f: l I I I· I i I l I I 1 I I I LOT 11 ~i! N00'22'51 nw : tOO.OO' L 25,QO' £.r..ST UNE-LOT 12 I EAST LI~E:-LOT 11 I ~ ... --~--~--------------~---------------------1. ~~ m l sooo:,:iO'l tASTERLY E:XTE~StoN l)fl 15' ALLEY :l! 0 ~ -i I f~f ~g~J~ i~NE:F~~ (P.B. 21, PG. 83, WjD.C.R.) -· ~ ~ ~ :C OFLOT13 \ :!j rrf ~ WEST UNE-LOT 9 I • WEST LINE-LOT 1(1 ;<!, (./) ' ' '"' ~-I t; /~k 0) ;., AREA=6,005 SO.FT. ·' o > ~ co ::::0 r-:. ;u-<~~rrJ I { .::i! lt:,N '! rrJ ..._ ____ :.-_.-J;_,. _____ s_o""o-.-2-2.'_s_1-.. E.-;·-1-z-o-.o-o-· ---------i,:-. ~.!£;::@"'.~ g: -1 ~985(g ,., : ~?'~~til ,.ll ,., 0 P'1I 0. -"'"' ;!\ ... ~:-5~ c;._~l ~ -i t ~0 . ,;. ., -WfST UNE"' ' LOT 8 ' I ' ' ' ' ' • ' I . LOT 8 . ' ' . ; I > ; ' I LOT 9 LOT 10 .. REC 1 pR!ll':atr!'/ulC!lESS , · LAND DESCRIPTION ltsoo BUJCK, WAMt BEACH FB/PG OWN CKD DA1£ REVISIONS & SKETCH FOR f SCALE; !" , 20' ) ALLEY VACATION · 1---------+-.,...; .. t---+-4---J-----~( SHEET 2 ._?< 3 'j 868 COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER: 6844-12 J $ 3921 SW 47TH AVENUE, SUITE 1011 REVISIONS lAIIQ D£SCRIF'TKIN I SK£TCH DAVIE, FLORIDA 3-3314 CLIENT : CERTIFICPE,.,OF AUTHORIZATION,; _ L~ #_ 6448 CRESCENT HEIGHTS PHONE_ !,9541 689-7766 FAX '(aS;tJ 669-7799 _ LAND DESCRIPTION AND SKETCH LEGEND; CKD OWN f'B/?G P08 POC P.B. M/D.C.R. SO. fl. P08 CHECkED BY DRAWN BY FIELD BOOK AND PAGE POINT OF BEGINNING POINT OF CO .. MENCE~£NT PLAT BOOK MIAMI/DADE COUNTY RECORDS SOLIARr n:E:T PO!NT Of' BEGINNING -1. NOT VAllO 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 OmE:R INSTRUMENTS Of RECORD. 3. DATA SHOWN HEREON DOES NO'f 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 CERHFY THAT TtiE ATTACHED "LAND DESCRIPTION AND SKETCH" ~S TRUE AND CORRECT TO THE BEST OF MV KNOWLEDGE AND 8£UEF AS PREPARED UNDER MY DIRECTION IN DECEMBER, 2012. I FURTHER CERTIFY TH.o\T THIS "LAND DESCRIPTION fiND SKETCH" MEETS THE IAINIMUM TECHNICAL STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER SJ-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QI)ALIFICATIONS NOTED HEREON. "'E (f}, ~~. q_.,/'1 :.,.;~ ;;::::-::>· FOR 1n FIRt.l, BY: -""~~---•.-.-:-;-~-.,......,__~~--- DATE RICHARD E. COUSINS PROFESSIONAL SURVEYOR AND IAAPPt:R FLOR1DA REGISTRATION NO. 4188 CKD FS)PG OWN REC LAND DESCRIPTION {:n:c~~:11 BEACH , & SKETCH FOR (SCALE: Nf A ::::J ALLEY VACATION -· -·-- 1---------...PY-..-.--+----ll---+---i ~-------r SHEET 3 Of 3 J 869 Attachment D 11-'4 BE.RCOW RADELL & FERNANDEZ ZONING. LAND USE AND ENVIRONMENTAL LAW VIA HAND DELIVER X February 7, 2012 Fred Beckmann, Director Public Works Department City of Mianu Beach DIRECT LINE; (305) 377~229 E-Mail; gpenn@SRZonlrrglaw.com 1700 Convention Center Drive, 4th Floor Miumi Beach, Flotida 33139 Re: Request for Allev Closure ~ 500 Block of Alton Road. Dear Mr. Beckmann: This firm represents Alton Road Ventures, LLC and 1220 Sixth, LLC (collectively the "Applicant"'), the applicant and owner of the property located at 500,517, 520, 522, 5301 540, 550, Alton Road, 1220 Sixth Street, 525 and 541 West Avenue ("Property"). The Applicant is proposing to develop the Property, along with the former South Shore Hospital land north of Sixth Street, with a mixed-use residential and commercial project. .Please let this letter serve as the Applicant's letter in support of its request to dose a dedicated but unbuilt alley in the 500 block of Alton Road. Description of the Pro12erty:. The Property consists of all of the 500 block on the west sid~; of Alton Road. The Property is largely undcveloped1 except for the existing "7-11" r+"tail store at the far northwest comer. The remainder of the Property contains only the rem.n.ants of a prior failed development (the "Vitri" project). Development Plan. The Applicant proposes to develop a mixed-use commercial and residential project, consisting of several buildings on the 500 and 600 blocks. The former hospital building will be maintained and brought up to modem standards as part of the proposed development. The ground floor of each building will be devoted to commercial uses. The upper floors will be devoted to a multifamily apartment development. The n€W buildings on the site will be limited to seven (7) stories on the 500 block and five (5) stories on the 600 block, except for the existing hospital building, which will be maintaint!d at ten (10) stories. We are attaching some of the current development plan sheets to give you a better idea of the proposal. Alley Oosure. The subdivision plat for the Property depicted an alley running north to the south in the center of the block for the majority of the block and thereafter WACHOVII\. RNANCIAl. OENTBI • 200 soun-1 BISCAYNE BOULEVARD, SUITE 8!>0 • MIAMI, FLOf;l!OA 33131 !>HONE. 305.374.5300 I FAX. 305.377.6222. \11/WW.BRZONINOlAW.COM . 870 Fred Beckmann, Director Public Works Department February 7, 2013 Page2 turning to the east to meet Alton Road. In 2005, the City Commission, through Resolution 2005-25869 (attached), closed the platted historic alley. In exchange for the closure of the historical al1ey, the then property owner of the majority of the 500 block provided the City with the dedication of a replacement alley at the northern end of the block. This alley was intended to preserve access to the rear of the existing 7-11 store, which was then under separate ownership. This replacement alley was never constructed. The Applicant now owns the entirety of the block and has included the 7-11 site in its redevelopment plan, making the replacement aUey superfluous. In order to pursue its development plan, which will unify the entire platted block, the Applicant is hereby seeking the closure of tbe unbuilt alley. Best Interest -of the Public. As you know, the interest held by a local government upon the dedication of a roadway or alley is an easement in favor of the public. Florida state law d€fines the result of any formal road closure in which a local government vacates the easement granted through a roadway dedication. Section 177.085 provides that, upon the abandonment of the easement in favor of the public, all rights to the former rig~1.t of way revert to the owners of the lots abutting the closed roadway segment, with each owner taking to the centerline of the road. As explained in Attorney General Opinion 78-125, municipalities may vacate roads "when the vacation is in the public interest or when the street is no longer required for public use and convenience." The alley at issue was never developed and therefore has never served the public use and convenience. Once the Applicant purchased 1220 Sixth Street, on which the existing 7-11 is located, any theoretical future utility of the alley was extinguished. The alley therefore is currently serving only as a unused and inaccessible strip of land from whicl1 the City collects no property taxes. For that reason alone, the vacation of the alley i~ in the best interests of the public. The redevelopment of the Property as proposed will also directly benefit the public in other ways. As depicted on the attached plans, the proposed development 'Will bring multiple bicycle, pedestrian, and transit impro"ements to this area of the City. First, the Applicant proposes to locate three (3) DecoBike .kiosks within the development. Wayfinding signs, as depicted on the attached Pedestrian Orculation phu1. will be located throughout the project to help bicyc1ists find parking. Bicyde parking racks for visitors to the site will be provided on both blocks. Second, following discusses with Miami-Dade Transit and the Florida Department of Transportation, the Applicant is proposing to relocate the existing southbound bus &iop on Alton road from just north of 6th Street1 to south of the BERCOW RADELL& FERNANDEZ ZONlNQ, l-AND U$& ANO ENVIRONME.NTAI.. LAW 871 Fred Beckmann, Director Public Work<! Department February 7, 2013 Page3 intersection. Along with the relocation, the Applicant proposes to enhance the bus shelter with new street furniture. The Applicant is also currently in negotiation with Miami-Dade Transit for the location of three electronic public information boards (using the County's "ESIS" program) to be located within the project. These boards will provide customers, residents, and the public with information as to when to expect the next bus to an-ive, improving the transit experience Third, numerous access points throughout the property will encourage ped<:strian flow both from east to west (cormeding Alton Road with West Avenue) and north to south. Pedestrians will be able to walk throughout the perimeter of the property and within the courtyard spaces (during hours the development is open to the pub1ic). Sidevvalk enhancements such as widened sidewalks and with new curb cuts and crosswalks are being provided to facilitate and encourage pedestrian access to the site. Residents of the West Avenue corridor will therefore enjoy significantly improved acces..<J to the commercial uses along Alton Road. Ali in an,. the improvements that will stem from the closure of the unbuilt alley will far exceed any theoretical value of the alley to the public. Beyond all of the above improvements, the redevelopment of the City will provide a direct financial benefit to the City in the form of increased property taxes due to the inevitable increase in the value of the Property. Conclusion. As explained above, we believe that the proposed alley closure is consistent with all of the City's standards. The redevelopment of the Property will create an innovative mixed-use project that will be a welcome addition to this area of the City and will enhance the City's gateway at the MacArthur Causeway. We look forward to your favorable recommendation. If you have any questions or comments, please call me at 305-377-6229. cc: Richard Lorber, AICP Russell Galbut 01a.im Elkoby Daisy Torres Michael Larkin, Esq. 872 l I I i. I I I I I I I I iJ ' J I ill <( I r-· I II I IJ I 1: ~ At:tachmentD z :S:o !£.q: ~0 otr. z ,;, z ;j) 0 <:; f-ll. 0:: _j !.U -( ~-~2- -~·' "'""'"'•··~-~ ..... , .. ..,.,. ,~·_,, ··.:~ , .. , ... ,~ .. , .•... , .... ,, tllrc ''111""..:1 <!Iii~'".'"''~;"'~-"" """""'f"W'·.'*~-··~':K"-U :,;t• ~<",:' :!."·:'"''''•'-,_.,.' •, 71Y.>'!<I". •:n•·:::l :1>:~ l.! '•~:»::'"1': 747 873 Attachment B Attachment c EXHIBIT "A" Legal Description PARCEL 1: LOTS 2 THROUGH 10, INCLUSIVE> AND LOT 1$, OF" AMENDED PLAT OF AQUARlUM SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED iN PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL2: LOTS I, 16, 17, 18 AND 19, OF "AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK21, PAGE 83~ OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE FOLLOWING DESCRIBED PARCELS: BEGIN AT THE SOUTHWEST CORNER OF LOT 19 OF "AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION'', AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,. RUN NORTII ALONG TilE WEST LINE OF SAID LOT 19 FOR A DISTANCE OF 25.15 FEET TO THE POINT OF INTERSECTION WITH THE RIGHT-OF-WAY LINE OF STATE ROAD A-1-A; THENCE DEFLECTING 87°01'19" TO THE RIGHT, RUN ALONG THE RIGHT-OF-WAY LINE OF STATE ROAD A-1-A FOR A DISTANCE OF 37.88 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO TIIE LEFT; THENCE RUN ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 65.5 FEET AND A CENTRAL ANGLE OF 87°00'49", FOR AN ARC DISTANCE OF 99.47 FEET TO THE POINT OF TANGENCY WITH THE EAST UNE OF SAID LOT 1, SAID POINT BEING 7.48 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 1; THENCE RUN SOUTH ALONG THE EAST LINE OF LOT I, FOR A DISTANCE OF 28.72 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RJGHT; THENCE RUN ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 63.80 FEET AND A CENTRAL ANGLE OF 89°59'30", FOR AN ARC DISTANCE OF 100.21 FEET TO A POINT OF TANGENCY WITH THE SOUTH LINE OF LOT 1, AT A DISTANCE OF 11.20 FEET FROM THE SOUTHWEST CORNER OF LOT 1; THENCE RUN WEST ALONG SOUTH LINE OF SAID LOTS 1 AND 19 FOR A DISTANCE OF 36.20 FEET TO THE POINT OF BEGINNING, AND BEGINNING AT THE SOUTHEAST CORNER OF LOT 18 OF '1AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", AS RECORDED IN PLAT BOOK 21; PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, RUN WEST ALONG THE SOUTH LINE OF LOTS 18AND 17 A DISTANCE OF 62.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE RUN ALONG THE 874 ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 66°03'04". FOR AN ARC DISTANCE OF 23.06 FEET TO THE POINT OF TANGENCY WITH THE WESTERLY LINE OF SAID LOT 17~ THENCE RUN NORTHWESTERLY ALONG SAID WESTERLY LINE OF LOT 17, A DISTANCE OF 27.39 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC 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 DISTANCE OF23.58 FEET TO A POINT; THENCE RUN EASTERLY ALONG A STRAIGHT LINE A DISTANCE OF 74.72 FEET TO A POINT ON THE EAST LINE OF SAID LOT 18, SAID POINT BEING 25.15 FEET NORTH OF THE SOUTHEAST CORNER OF LOT 18; THENCE RUN SOUTH ALONG SAID EAST LINE OF LOT 18, FOR A DISTANCE OF 25.15 FEET TO THE POINT OF BEGINNiNG. PARCEL3; LOTS 13 AND 14, OF "AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION 11 , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LAND DESCRIPTION: (600-630 ALTON ROAD) LOTS 1 THROUGH 7, INCLUSIVE AND LOTS 27 THROUGH 32, INCLUSIVE. BLOCK 2, "AMENDED PLAT FLEETWOOD SUBDIVISION'', ACCORDJNG TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28 AT PAGE 34, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; LESS AND EXCEPTING THOSE PORTIONS OF SAID LOTS 1 AND 2, OF BLOCK 2, OF SAID PLAT OF "AMENDED PLAT FLEETWOOD SUBDIVISION 11 , MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE RUN SOUTH, ALONG THE WEST LINE OF SAID LOT 1 AND 2 FOR A DISTANCE OF 95.00 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHEASTERLY, ALONG TIIE ARC OF SAID CIRCULARCURVE TO THE LEFT HAVING FOR ELEMENTS A RADIUS OF 15.00 FEET AND A CENTRAL ANGLE OF 90 DEGREES FOR AN ARC DISTANCE OF 23.56 FEET TO A POINT OF TANGENCY WITI-I THE SOUTH LINE OF SAID LOT 1; THENCE RUN EAST ALONG THE SAID SOUTH LINE OF LOT 1 FOR A DISTANCE OF 23.87 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO TilE RIGHT, HAVING FOR ELEMENTS A RADIUS OF 15.00 FEET AND A CENTRAL ANGLE OF 73 DEGREES 36 MINUTES 39 SECONDS FOR AN ARC DISTANCE OF 19.27 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 16 DEGREES 23 Jt1INUTES 21 SECONDS WEST FOR A DISTANCE OF 51.32 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1; THENCE RUN NORTH 11 DEGREES 18 MINUTES 35 SECONDS WEST FORA DISTANCE OF 50.99 FEET TO THE POINT OF BEGINNING, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH: 875 LOTS 23 THROUGH 26, INCLUSIVE, BLOCK 2, "AMENDED PLAT FLEETWOOD SUBDIVISION'1 , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28 AT PAGE 34, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. LAND DESCRIPTION: (12206THSTREET) LOTS 11 AND 12, 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. MIA GOLDMAN$ 183,001,759v2 2-1-13 051465.081700 876 COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER~ 6844-12 ) 3921 SW 47TH AVENUE, SUITE 1011 CLIENT : DAVIE, FLORIDA 33314 CERTIFICATE OF AUTHORIZATION : LB # 6448 CRESCENT HEIGHTS PHONE (954) 689-7766 FAX {954) 689-7799 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 R[COROED 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 10; 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 F"EET; 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 SAfO LOT 13 AND ITS EASTERLY EXTENSION, A DISTANCE OF 154.21 FEET; THENCE NORTH 00"22'51" WEST ALONG THE WEST LINE OF SAID LOT 13 AND THE EAST RIGHT-OF-WAY LINE OF nWEST 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, MIAMI/DADE COUNTY, FLORIDA; CONTAINING 6,005 SQUARE FEET MORE OR LESS. REVISIONS DATE FB/PG OWN CKD 1 (PROPERTY ADDRESS : 12/27/12 ----~v REC LAND DESCRIPTION 500 BLOCK, lo!IAMI BEACH LAIIO D£SCRIPT10N .1< SK£feii & SKETCH FOR (SCALE: N/A ALLEY VACATION (SHEET 1 OF 3 877 ) ) COUSINS SURVEYORS & ASSOCIATES, INC. 3921 SW 47TH AVENUE. SUITE 1011 DAVIE, FLORJDA 33314 CERTIFICATE OF AUTHORiZATION : LB # 6448 PHONE (954) 689-7766 FAX (954) 689-7799 (PROJECT NUMBER : 6844-12 ) CLIENT : CRESCENT HEIGHTS -----------, -~---------------------~-~-~, WEST _J_ LAND DESCRIPTION AND SKETCH $. I ' I ' ' ' AVENUE ~ I 9 I N00'22'51"W i I w;~-~~·E I EA::s:1 ~i~~-:::0[o~wi; .Wt1t: .. 7. non ··-WEST LINE-LOT 11 ---i LOT 13 1 i i I ! I i ~ <:?. > • • > rrl -< :::0 s:J II I Q> b 0 (.II fi ~ ' z: (» <q (I< --..1 r.:; Q ri ~ N $II Q o_ ZVl ~0 ~~ c:c Z:z ,..,,., I 1 •r oo ........ ~-"'"' b -1 -~ •AMENDED PLA.T OF AQUARIUM SITE RESUBDIVISION .. (P.B. 21, PG. ;s3, M/D.C.R.) .....! ....... LOT 11 z: 0! ~~ ,..., .. 2S~J:l{l' .. EAST LINE LOT 13 -~---~----E-~~~ ___ uN_£_-_Lo_T--12----~------EA_S_T_l_IN_E-_L_o_r_1_1 ______ -ilw ~ .. 0 .... u; c 01 (>; O'l 1 b "'!. -I ~ o_ :S I NOtr22'5 1"W : 1 00.00' EI\STERL Y EXTENSION OF\ . THE SOUTH LINE OF . I THE NORTH 20 FEET i OF LOT 13 ... WE:St LINE i LOT 8 15' ALLEY (P .. S. 21. PG~ 83, t.A/D .. C .. R.) --... WEST LiNE-UJT 9 AREA=6,005 SQ.fT. "' ; ::; P1 -b Vi .'.,., z -I I I CD ~~~~u;:::U \ WEST LINE-LOT 10 "' -< .... tN 1"11 , i ( :tcj...,"!M ._--------~--~~------------,---"-4------,--------------4-~rz_~,M~~ -I LOT 8 REVISIONS I socr22 51 E 120 .. 00 ~98~~ n, ....:! 1 ~!!1~~(11 r; PI LOT 9 ' ' DATE FB/PG OWN LOT 10 CKD () ,.., :J: 0. :O~::;a:e -t 0 ... r~ -cO-l p-< l I I I I I I ' I ' I I I ' I ' I I I ' I I I I I ' I .. ...., I I I I I I I r I ' I I I ' t ' U.HD D£SCRI!'l10N & SKETCH 1a/27/12 ---~ AV REC LAND DESCRIPTION I ( PROI'tl!TY AOORESS ' 500 BLOCK, MIAMI BEAC!-1 & SKETCH FOR ( SCALE: 1" = 20' ) ALLEY VACATION (SHEET 2 OF 3 J 878 COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER: 5844-12 ) REVISIONS 3921 SW 47TH AVENUE, SUITE 1011 CL'ENT : DAVIE, FlORIDA 33314 ' CERTIFJCATE OF AUTHORIZATION : LB # 6448 CRESCENT HElGHTS PHONE (954) 689-7766 FAX (954) 689-7799 NOTES: lAND DESCRIPTION AND SKETCH LEGEND: CKD OWN. fB/PG POB POC P.B. MjD.C.R. so.n. POB CHECKED BY DRAWN BY FIELD BOOK AND PAGE POINT OF BEGINNING POINT or COMMENCEMEN1" PLAT BOOK MIAMI/DAD£ COUNTY RECORDS SQUARE FEET POINT Of BEGINNING 1. NOT VAliD WITHOUT THE SIGNATURE AND THE ORIG!NAL RAISE(} SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. lAHDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-Of-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. DATA SHOWN HEREON DO£S NOT CONSTITUTE A FIELD SURVEY AS SUCH. 4. THE lAND DESCRIPTION SHOWN H£RfON WAS PREPARED BY THE SURVEYOR. 5. BEARINGS SHOWN HEREON ARE ASSUMED. I t1ERE9Y CERTifY THAT THE ATIACHED "LAND DESCRIPTION AND SKETCH" IS TRU£ AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF AS PREP/IRED UNDER MY D1RECTION IN DECEMBER. 2012. I FURTHER CERTIFY THAT THIS "LAND DESCRIPTtON AND SKETCH" MEETS THE t.IINlt<,jUM TECHNICAL STANDARDS tOR SURVEYING IN THE STATE OF fLORIDA ACCORDING TO CHAPTER 5J-17 OF THE fLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, flORIDA STATUTES. SUBJECT TO THE QUAUFICATIONS NOTED HEREON. FOR THE fiRM, 8\': -----~-~--.9::.:.~~--!. ___ ? RICHARD E. COUSINS PROFESSIONAL SURVEYOR AND MAPPER flORIDA REGISTRATION NO. 4.188 DATE FB/PG DWN CKD ( PROf>(IITY ADO~ESS : 12/27/12 ----~v REC LAND DESCRIPTION 500 BLOCK, MIAMI BEACH & SKETCH FOR (SCALE: N/A ALLEY VACATION (SHEET 3 OF" 3 879 ) ) Attachment D -4'4 BERCOW RADELL & FERNANDEZ ZONING. LAND USE ANO ENVIRONMENTAL LAVV VIA HAND DELIVERY February 7} 2012 Fred Beckmann, Director Public Works Department City of Miami Beach DIRECT LINE: (305) 377·6229 E-Mail: gpenn@SRZoningLaw.com 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 Re: Request for Alley Closure -500 Block of Alton Road. Dear Mr. Beckmann: This firm represents Alton Road Ventures, LLC and 1220 Sixth, LLC (collectively the "Applicant''), the applicant and owner of the property located at 500, 517, 520, 522, 530, 540, 550, Alton Road, 1220 Sixth Street, 525 and 541 West Avenue ("Property"). The Applicant is proposing to develop the Property, along with the former South Shore Hospital land north of Sixth Street, with a mixed-use residential and commercial project. Please let this letter serve as the Applicant's letter in support of its request to dose a dedicated but unbuilt allev in the 500 block ofAlton Road. ,J Description of the Property. The Property consists of all of the 500 block on the west side of Alton Road. The Property is largely undeveloped, except for the existing "7-11" rPtail store at the far northwest comer. The remainder of the Property contains only the remnants of a prior failed development (the "Vitri" project). Development Plan. The Applicant proposes to develop a mixed-use commercial and residential project, con.<;;isting of several buildings on the 500 and 600 blocks. The former hospital building will be maintained and brought up to modern standards as part of the proposed development. The ground floor of each building will be devoted to commercial uses. The upper floors will be devoted to a multifamily apartment development. The new buildings on the site will be limited to seven (7) stories on the 500 block and five (5) stories on the 600 block except for the existing hospital building, which will be maintained at ten (10) stories. We are attaching some of the current development plan sheets to give you a better idea of the proposal. Alley Closure. The subdivision plat for the Property depicted an alley running north to the south in the center of the block for the majority of the block and thereafter WACHOVIA FINANCIAl.. CENTER • 200 $OUT'H BISCAYNE BOULEVARD, SUfTE 850 • MIAMl, FLORIDA 33131 PHONE. 305.374.53oo • FAX. 305.317.6222 • WWW.ElRZONINGLAW.COM 880 Fred Beckmann, Director Public Works Department Febmary 7, 2013 Page2 turning to the east to meet Alton Road. In 2005~ the City Commission, through Resolution 2005-25869 (attached), closed the platted historic alley. In exchange for the closure of the historical alley, the then property owner of the majority o£ the 500 block provided the City with the dedication of a replacement alley at the northern end of the block. This alley was intended to preserve access to the rear of the existing 7-11 store, which was then under separate ownership. This replacement alley was never constructed. The Applicant now owns the entirety of the block and has included the 7-11 site in its redevelopment plan. making the replacement alley superfluous. In order to pursue its development plan, which will unify the entire platted block the Applicant is hereby seeking the closure of the unbuilt alley. Best Interest of the Public. As you know, the interest held by a local government upon the dedication of a roadway or alley is an easement in favor of the public. Florida state law defines the result of any formal road closure in which a local government vacates the easement granted through a roadway dedication. Section 177.085 provides that, upon the abandonment of the easement in favor of the public, all rights to the former right of way revert to the owners of the lots abutting the dosed roadway segment with each owner taking to the centerline of the road. As explained in Attorney General Opinion 78-125, municipalities may vacate roads "when the vacation is in the public interest or when the street is no longer required for public use and convenience.# The alley at issue was never developed and therefore has never served the public use and convenience. Once the Applicant purchased 1220 Sixth Street on which the existing 7-11 is located, any theoretical future utility of the alley was extinguished. The alley therefore is currently serving only as a unused and inaccessible strip of land from which the City collects no property taxes. For that reason alone, the vacation ofthe alley is in the best interests of the public. The redevelopment of the Property as proposed. will also directly benefit the public in other ways. As depicted on the attached plans, the proposed development will bring multiple bicycle, pedestrian, and transit improvements to this area of the City. First, the Applicant proposes to locate three (3) DecoBike kiosks within the development Wayfinding signs, as depicted on the attached Pedestrian Circulation plan will be located throughout the project to help bicyclists find parking. Bkycle parking racks for visitors to the site will be provided on both blocks. Second, following discusses with Miami-Dade Transit and the Florida Department of Transportation, the Applicant is proposing to relocate the existing southbound bus stop on Alton road from just north of 6th Street. to south of the 8C:RCOW RADE:LL & FERNANDEZ ZONING. LAND US£ AND 5NVIRON.MENTAL I....AVV 881 Fred Beckmann, Director Public Works Department February 7, 2013 Page3 intersection. Along with the relocation, the Applicant proposes to enhance the bus shelter with new street furniture. The Applicant is also currently in negotiati011 with Miami-Dade Transit for the location of three electronic public information boards (using the County's "ESIS" program) to be located within the project. These boards will provide customers, residents, and the public with information as to when to expect the next bus to arrive, improving the transit experience Third, nume:mus access points throughout the property will encourage pedestrian flow both from east to west (connecting Alton Road with West Avenue) and north to south. Pedestrians will be able to walk throughout the perimeter of the property and within the courtyard spaces (during hours the development is open to the public). Sidewalk enhancements such as widened sidewalks and with new curb cuts and crosswalks are being provided to facilitate and encourage pedestrian access to the site. Residents of the West Avenue corridor will therefore enjoy significantly improved access to the commercial uses along Alton Road. All in aU, the improvements that will stem from the closure of the unbuilt alley will far exceed any theoretical value of the alley to the public Beyond all of the above improvements, the redevelopment of the City will provide a direct financial benefit to the City in the form of increased property taxes due to the inevitable increase in the value of the Property, Conclusion. As explained above, we believe that the proposed alley closure is consistent with all of the City's standards. The redevelopment of the Property will create an innovative mixed-use project that will be a welcome addition to this area of the City and will enhance the City's gateway at the MacArthur Causeway. We look forward to your favorable recommendation. If you have any question.•:; or comments, please call me at 305-377-6229. cc: Richard Lorber, AICP Russell Galbut Chaim Elkoby DaJsy Torres Michael Larkin, Esq. BERCOW RADELL&FERNANDEZ ZONING, LAND U.S.Iff ANO ENVIFIONMEN'TAL. LAW 882 OPINION OF TITLE To: City ofMiami Beach With the understanding that this Opinion of Title is furnished to the City of.Mia:mi Beach,•as inducement for acceptance of a Declaration of Use, Unity of Title, Declaration of Restrictions, Development Agreement or as an inducement for acceptance of a subdivision plat or tentative plat, covering the real property, or other land use approval hereinafter described, it is hereby certified that I have examined a complete Abstract of Title or Title Commitment covering the period from the beginning to the 24th day of December, 2012 at the hout of 11:40 p.m., inclusive, of the following described property: See Exhibit "A" attached hereto I am of the opinion thl:tt on the last mentioned date, the fee simple title to the above-described real property was vested in: 500 ALTON ROAD VENTIJRES, LLC, a Delaware limited liability company (as to Parcels 1~3) Sole Member is 500 Alton Road Holdings, LLC, a Delaware limited liability company Authorized Signatories: Sharon Christenbury and Chaim Elkoby SOUTH BEACH HEIGHTS I. LLC, a Delaware limited liability company (as to Parcels 4 and 5) Sole Members are SBH Holdings 1, LLC, a Delaware limited liability company~ and SBH Management Company, LLC, a Delaware limited liability company Authorized Signatories: Sharon Christenbury and Chaim Elkoby 1220 SIXTH. LLC, aDelaware limited liability company (as to Parcels 5 and 6) Sole Member is SBH Holdings 1, LLC, a Delaware limited liability company Authorized Signatories: Sharon Christenbwy and Chaim Elkoby Subject to the following encumbrances, (If "none" please indicate): l. RECORDED MORTGAGES: Mortgage and Security Agreement execu~ed by 1220 Sixth, LLC, a Delaware limited liability company, Mortgagor, in favor of MAU-MAU Corporation, a Florida corporation, Mortgagee, dated December 1~ 20ll, recorded December 5, 2011 in Official Records Book 27915, Page 3697, of the Public Records of Miami-Dade County. Florida. 883 Opinion of Title Page2 Therefore, it is my opinion that the following party{ies) must join in the proffered document in orderto.make it valid and binding on the lands described herein. Name 500 ALTON ROADVENTtlRES, LLC SOUTIIBEACH HEIGHTS I, LLC,. a Delaware limited liability company 1220 SIXTH, LLC, a Delaware limited liability company MAU-MAU CORPORATION, a•Florida corporation Interest Owner Owner Owner Mortgagee [THIS SPACE IS INTENTIONALLY LEFT BLANK] 884 Opinion ofTitle Page 3 I HEREBY CERTIFY that the legal description contained in this Opinion of Title coincides with, and is the same as, the legal description in the proffered, recordable document I, the undersigned, further certifY thati am an attomey-at-lawduly admitted to practice in the State of Florida and a member in go·1.p< d standing ofthe Florida Bar. <;r Respectfully submitted this _1_· day ofFebruary, 2 . ~ Name Printed Name --Steven E. Goldman Florida Bar No. 0259543 Address: GreenbergTmurig, P.A. 333 S"E. 2nd Avenue, Suite 4400 Miami, Florida 33131 My Commission Expires: Print Name 885 PLANNING DEPARTMENT INTEROFFICE MEMORANDUM Attachment E TO: Eric T. Carpenter, P.E., Public Works Direct~. / A Richard G. Lorber, Acting Planning DirectoU~ ~ FROM: DATE: August 26, 2013 SUBJECT: Analysis of Proposed Vacation of Alley -500 Block of Alton Road In accordance with Section 82-38 of the Code of the City of Miami Beach, the Planning Department shall prepare an analysis for the City Commission and the public that outlines all conditions relating to the proposed sale and/or lease of city property. This analysis applies to: The Vacation Of 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 L LLC. 500 Alton Road Ventures. LLC. And 1220 Sixth. LLC. 1. Whether or not the proposed use is in keeping with city goals and objectives and conforms to the city comprehensive plan. Consistent • The proposed alley vacation would conform to the city's goals and objectives and the Comprehensive Plan. The Comprehensive Plan designates this area as Commercial General Mixed Use on the City's Future Land Use Map. The proposed mixed-use project on the site is a permitted use within this zone. 2. The impact on adjacent property, including the potential positive or negative impacts such as diminution of open space, increased traffic, noise level or enhanced property values, improved development patterns and provision of necessary services. Based on the proposed use of the property, the city shall determine the potential impact of the project on city utilities and other infrastructure needs and the magnitude of costs associated with needed infrastructure improvements. Should it become apparent that further evaluation of traffic impact is needed, the proponent shall be responsible for obtaining a traffic impact analysis from a reputable traffic engineer. Consistent -The proposed vacation is not expected to have any detrimental impact on the adjacent properties. The subject alley is not an active vehicular right-of- way and as such, will not increase the traffic or noise level. The mixed-use project proposed for the site would have to meet all City requirements regarding infrastructure and concurrency. 3. A determination as to whether or not the proposed use is in keeping with a public purpose and community needs, such as expanding the city's revenue base, creating jobs, creating a significant revenue stream, and improving the community's overall quality of life. 886 Analysis of Proposed Vacation of Alley -500 Block of Alton Road August 26, 2013 Page2 Consistent -The applicant has voluntarily proffered the contribution of several public benefits, including a stormwater storage system intended to assist in flood management, the dedication of a portion of land along 51h Street which could serve as a landing spot for a future pedestrian overpass connecting the portions of the City's Baywalk north and south of 5th StreeUMacarthur Causeway, as well as street improvements to West Avenue up to 81 h Street.. As the City continues to address a more proactive approach towards development, ongoing future contributions from other projects will be utilized to address potential public projects deemed important to enhance the City's quality of life. 4. Determination as to whether or not the development is in keeping with the surrounding neighborhood, will block views or create environmental intrusions, and evaluation of the design and aesthetic considerations of the project. Consistent -The proposed mixed-use development has been approved by the Design Review Board for design and aesthetic considerations, and has been deemed to be in keeping with the surrounding neighborhood. 5. The impact on adjacent properties, whether or not there is adequate parking, street and infrastructure needs. Consistent -The proposed mixed-use development is designed to provide adequate parking for the needs of the project. Street layout and traffic circulation patterns have been analyzed and approved by the Planning Board. 6. Such other issues as the city manager or his authorized designee, who shall be the city's planning director, may deem appropriate in analysis of the proposed disposition. Not applicable -The Planning Department has no other issues it deems appropriate to analyze for this proposal. RGUrgl T:IAGENDA\2013\September 11\500 of Alton Road -Planning Analysis.docx 887 Attachment F APPRAISAL e REPORT OF A 6,005 SF ALLEY RIW 500 BLOCK ALTON ROAD MIAMI BEACH, FLORIDA ASOF May 20,2013 VIEW OF ALLEY R/W FROM PREPARED FOR OFFICE OF REAL ESTATE, HOUSING & COMMUNITY DEVELOPMENT CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 PREPARED BY BONDARENKO ASSOCIATES, INC. 201 S GOLF BLVD., SUITE NO. 2007 POMPANO BEACH, FL 33064 888 BONDARENKO ASSOCIATES, INC. 20 I S. Golf Blvd., Suire 2007 Pompano Beach, Florida 33064 June 6, 2013 Office of Real Estate, Housing & Community Development City of Miami Beach l 700 Convention Center Drive Miami Beach, Florida 33139 Attention: Mr. Max Sklar Re: AMENDED REPORT 6,005 SF Alley Vacation 500 Block Alton Road Miami Beach, Florida Dear Mr. Sklar: (954) 942-3353 fax (954) 942-8471 hankapr@comcast.net At your request, we have prepared an amended appraisal for the above referenced property. The purpose of this amended appraisal is to add an additional value estimate due to the amended assignment by Mr. Sklar, copy enclosed. My original appraisal was for the market value estimate of the subject property's fee simple interest for the site with an effective date of May 20, 2013. The added value estimate is for the Investment Value to the Adjacent Owner. My original appraisal is made a part of this amended report by reference. This appraisal is intended for the use of the client and the client's advisors. The 6,005 SF alley fronts on 6 1h Street and West Ave .. The accompanying report of a real estate appraisal has been completed in accordance with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice (USPAP) and applicable Federal regulations. The original report detai Is the scope of the appraisal, level of reporting, definition of value, valuation methodology, and pertinent data researched and analyzed in the development of this appraisal. We certify that we have no present or contemplated future interest in the property beyond these estimates of value. Your attention is directed to the Limiting Conditions and Assumptions, located within my original report, which constitutes an agreement with these conditions and assumptions. 2 Bondarenko Associates, Inc. 889 June 6, 2013 Page 2 In my opinion, the Market Value of the subject property, as of May 20, 2013, was as follows: Market Value Conclusion ------------$600,500 It is further my opinion that the Investment Value to Adjacent Owner was: Investment Value to Adjacent Owner-------$780,650 Further, we estimate the market exposure period necessary for the subject to have achieved this value to be less than a year .. Respectfully submitted, Bondarenko Associates, Inc. 1~~ Henry R. Bondarenko, SRA, MAl Cert Gen. RZ 508 Bondarenko Associates, Inc. 890 I Summary of Salient Facts Subject Property: 500 Block of Alton Road, 6,005 SF of alley R/W fronting on 61 h Street and West Ave. There is one adjacent owner. The surrounding land is zoned CPS-2. Property Overview: Site Size: 6,005 Sf Building Size: No buildings Property Type: Public R/W for alley Interest Appraised: This appraisal considers the subject's fee simple interest Highest and Best Use Sale to the Adjacent Owner for Condo Development. Land As Vacant: The alley goes nowhere, it is not Needed. Highest and Best Use The alley is not improved, it will be improved if sold to As Improved: the one adjacent owner, the Waves condo development. Sales Comparison Approach: Market Value: $600,500 Investment Value to Adjacent Owner: $780,650 Extraordinary None Assumptions: Hypothetical Conditions: The market value of the R/W takes on the estimated value of the adjacent property. The Investment Value to Adjacent Owner takes on the estimated value after adjustments. 3 Bondarenko Associates, [nc. 891 -1=:-00 (Q f\) ITEM LOCATION DATE OF SALE FOLIO NUMBER SIZE LEGAL DESCRIPTION GRANTOR GRANTEE RECORDED-QRB/PGE ZONING SALE PRICE PRICE PER SQ.FT. Comments SUBJECT -Investment Value to Adjacent Owner 500 Block Alton Road (Alley) Miami Beach, Florida Appraisal 5-20-2013 None 6,005 SF Portion of lots 8.9.10 ~ 13, and a portion of that 15.0 Feet Alley of ""Amend. Plat of Aquaurium Site Resub." PB 21 page 83 CPS-2,Commercial Mixed Use As the adjacent Zoning Analysis This site is a dedicated RJW of an Alley surrounding the 1· I I Store Jocaated in the NW corner of the larger development Ito be done called the W"'"'· The site fronts on 6th Street on the nonh and West Ave •n the west, surTo!Lilding the 1-11 Building Please refer the the enclos..-d surveys. Sheet1 SALE N0.1 500 Block Alton Road (Alley) Miami Beach, Florida 6-8-2006 None 4,217 SF Aquanum Site AMD PB 21·83 15Ft alley from Alton Rd west ot mid-site, thenc north to the subject alley site. Leviev Box Melgreen Vitri Dev.LLC 24721 pge 1762 CP5-2. Cornm'l Mixed Use Miami Beach, Florida $351200 $83.26 Analysis This site is the older sale of an alley site that joins the subject site at the north end. Similar "el" shape, 15ft alley ~i-21'4·· &,OM SF AREA OF ALLEY 500 Bloct Anon Road Miami Beach. Florida SALE NO.2 517 West Ave. Miami Beach, Florida 2-22-2010 02 4204 006 0020, {etc. 11 all) 68,560 SF ( 1.574 Acres) Part of Aquarium Site Amd. PB 21-83. etc. .Africa Israel Vitti Developers, LLC 500 Alton Road Ventures, LLC 27190 pge 447 CPS-2, Comm'l Mixed Use Miami Beach, Florida $5,000,000 $72.74 Analysis This site surrounds the subject alley. ADJUSTMENTS ~-.......... llnfenar+30% ~,· ... 1-···· ....... .. f$ta47 ,.~-~thattheaalal$ ...................................... . SALE N0.3 659-737 West Ave Miami Beach, Florida 12-31-2012 02 4203 001 0161, (etc.multpe} 55,750 SF (1.28 Acres) Fleetwood Sub PB 28-34, Lots 8-14. etc. West A~oo Corp Kgm Equities. LLC 28428 pge 56 RM-2 Miam1 Beach, Florida $8,000,000 $143.48 Analysis This site is curently a parking lot located several hundred feet north of the subject site on West Ave. ~:30% ·~_.-...... ·~page fora illlaW•n..,.ls~ ~-·· ·· ··•· J. · ·.-· .. . ... I ---. · .. ·. . . . --•• .. I.EUJala_. bemadltto ......... 8jf~Q&SF·i9 •fle·CGrtT'IIJ ... tt madetMI._alliJ .. :OR1heRlue '*• !li Jlllnt In.. . . . c ......... would ~ ,_oflblitlt! . ·W8'wlili di!Jwllopt'lllllolllile. ~ ..._,._ .· ......... -ow ... Page 1 SALE N0.4 929 Alton Road Miami Beach, Florida 9-13-2012 02 4203 014 0510 19,994 SF ( 0.46 Acres) Lennox Manor Re-Sub PB 7-15 Lots9&10 IAtton Sooe,LLC Pending Sale N/A CD-2 Miami Beach, Florida $2.900,000 (Pending) $145.02 Analysis This is a vacant site located 3 blocks north of the subject site on Alton Road. ...... .................. OOVr (Q w ITEM LOCATION DATE OF SALE FOLIO NUMBER SIZE LEGAL DESCRIPTION GRANTOR GRANTEE RECORDED-ORB/PGE ZONING SALE PRICE PRICE PER SQ.FT. Comments ~OFSAI.Iil SUBJECT -Investment Value to Adjacent Owner 500 Block Alton Road (Alley) Miami Beach, Flonda AppraisaiS-20-2013 None 6,005 SF Ponion of Lor~ 8,9,1() $ 13, and a ponion of thal15.0 Feet Alley of "Amend. Plat of ,quaurium Site Resub." PB 21 page 83. CPS-2,Commercial Mixed Use As the adjacent zoning Analysis 1This site is a dedicated RIW of an Alley SWTounding the 7-I 1 Store locaared in the NW corner of the larger develop.nenr 10 be done called the Wa\'tS. Tho: &II~ from~ lon 6th Street on the nonh lU1d West Ave. on the -.es~, surroundm¥ the 7-11 Building Please refer tne 1he enclosed drawrngs and Srlf'.·crys. ~VM.IJIJ TOANACEJIIT~ .... ., AIIIEA OF AUJt.V SALE N0.5 619 Meridian Ave Miami Beach, Florida 7-23-2012 02 4203 009 3320 7,000 SF Ocean BeaCh Addn. No. 3, PB 2-81, Lot 11, Blk 58, etc. REA619. LLC 619 Meridian Aile. LLC 28198 pge 2324 RM·1,MF Miami Beach, Florida $673,000 $96.14 Analysis This is a small lot 50' x 140'. There are 6 townhomes planned. 4 of the six are sold. two remain-ing are listed at $630.000 each ........ -.. .... ~ •. flllodN SALE NO.6 350 Merid1an Ave. Miami Beach, Florida 8-20-12 02 4203 009 5140 7,000 SF Ocean Beach ADDN No. 3 PB 2-81Lot 2 Blk 76, 50' x 140' 350 Meridian Avenue. LLC SOFI 350, LLC 283234 pge 2163 R-PS2 Miami Beach, Flonda $1,325,000 $189 28 Analysis This is a small lot 50' x 140'. There are 4 townhomes planned. The surrounding improvements ar· rated superior to Sale No. 5 and are rated similar to the subject property. SinJISr ---·~ SALE N0.7 803 5th Street Miami Beach, Florida 7-19-2011 02 4203 009 4970 9,000 SF { 0.21 Acres) Ocean Beach ADDN No. 3 loB 2 pge 81, east 100 fl or tots 17 & 8. Burmon Investments. Inc. SOBE 5,LLC 27761 pge 2158 CPS-2 Miami Beach, Florida $1,000,000 $109.32 Analysis This is a corner lot on 5th Street and Meridian Ave. This is the same zoning as the subject and Sales No. 1 and No. 2. Plans call for 12,000 SF office and 3,500 SF of retail. SimW Simitar Sinlar Similar :Similar Similar Similar'"! itnfelfor +-.. +SO% $142.17 Analysis of Comparable Sales For Sale to The Adjacent Owner. A comprehensive search for land sales similar to the subject land revealed 7 sales in close proximity to the subject property. The sales were compared to the subject property for seven categories. condition of sale, market conditions (time), location, zoning, utilities, size and Investment Value for Sale to The Adjacent Owner Conditions of Sale The sales were all arms length transactions, no unusual financing or conditions. The deeds were analyzed on all properties, except Sale No.4, it is a pending sale. The sales were plotted on a local map of the area and demonstrate a tight location pattern near the subject. Time (Market Conditions) An analysis of the five recent sales in the immediate neighborhood compared to Sale No. 1 in June 2006 and Sale No. 2 in February 2010 indicate that there was not much change due to time. A slight adjustment was made for time for Sales No. 1 and No.2. No "back to back" sales could be found to develop a monthly change for time. The balance of sales No. 3 through No. 7 are an recent sales and need no adjustment for time. Sale No. I in 2006 was used because it was the sale of an alley within the same city block of the subject alley. Location AJI of the sales are located within four blocks of the subject property, they are influenced by the same economic and social factors as the subject property, therefore there is no adjustment warranted for location. Other factors may affect the value of the subject property, such as topography, zoning, utilities and size within this four block area. Topggraphy This entire neighborhood is generafly level and even with all streets, therefore, no adjustments are warranted for topography. The subject topography is similar to all the sale properties. Zoning Sale No. 2 and No. 7 both have the same zoning of CPS-2. Sale No. 2 is part of a larger site :;luteu for tk:vdopmcnt of condominium and mixed use called the Waves, it abuts the subject site. Sale No. 7 is slated for development of offices and retail. Sales No. 3 , No. 5 and No. 6 arc all residentially zoned properties. Sale No. 4 is zoned CD-2 which a11ows commercial uses. Wjlh conditional~ restaurants. adult~.:ungrega!c !:, int: !:Ki!l!:\-::::.: ;;::.,,i ;, .. :!;.i.. funeral homes, nursing homes. pawnshops, etc., are allowed. I han: in 111) lik:; Lh.: pnnkd uses for each of the zoning classifications of the compar..tblc :mk:;. Thi..' zonint;. or lh'.: comparable sales all have similar uses allowed as the subject zoning within the block of the subject site. (continued} 6 894 Analysis of Comparable Sales Continued Utilities The comparable sales have all utilities available to the properties as does the subject property, therefore, no adjustments are warranted for utilities. Size Four of the comparable sales are of similar size as the subject alley site, three are larger parcels. The subject is a RJW alley. These type of properties tend to take on the value of abutting ]and values or properties of similar potential allowable uses. In the case of the subject property, the abutting uses would be incorporated into the larger site for the development of the Waves condo and mixed use development. Therefore, the smaller size of the subject site does not warrant an adjustment for size. Adjustment to Adjacent Owner The location of the subject RJW Alley is located in the middle of the site plan for the Waves Condominium project for 444 units. This would adversely affect an optimal site orientation for the project. lt would be a great advantage if the a11ey could be incorporated into the site plan. The estimated contribution of the site into the subject overall site plan would contribute say 30% to the lnvestmenl Value to The Adjacent Owner. Conclusion of Value The subject property is a public RJW alley. It is surrounded by one abutting owner. One of the comparable sales is the sale of an alley R/W within the same block as the subject alley and abuts the subject alley, it is a 2006 sale, Sale No. l. Sale No. 2 is the sale and purchase of the abutting land surrounding the subject property. It is a 2010 sale. All the subject comparable sales are located within 4 blocks of the subject site. They have similar potential uses if not the same uses allowed by zoning within this city block. Obviously the subject use is restricted to access for public RJW use. Two of the sa]es have the same zoning as the subject abutting land use zoning. The range of adjusted vaJues is from $105.47/SF to $246.06/SF. The range of size is from 4,217 SF to 68,560 SF. The range of date of sale is from Feb. l 0, 2010 to 12-31-2012 with the exception to Sale No. l at 6-8-2006. This sale was used as it is the sale of an alley R/W located within the same block as the subject alley. The potential uses allowed by zoning are generally similar. As noted in the Summary of Market Sales Grid. the average of all the seven sales is· $159.8 1 per square foot. The median is $142.1 7 per square foot. The median sale is zoned CPS-2, the same as in the block as the subject property. The value ofthe subject property is anticipated to fall in the mid-range, say $ l 30.00 per square foot. 6,005 Square Feet x $130.00 per Square Foot = Estimated Value via Sales Comparison Approach for Investment Value to Adjacent Owner 7 895 $780,650 $780,650 "AITACHMENT G" To be provided separately (being revised by Legal) 896 MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBUC HEARINGS NOTICE IS HEREBY given that public hearings will be held by the Maya' and City Commlwion of the City of Miami Beach, Florida, In the Coinmisslon Chambers, 3rd Floor. City Hal~ 1700 Convention Center Drive, Miami Beach. Fir:tida, on Wtldnesday, September 11, 2013 to consider the following: 11:45 a.m. A Resolution Approving A Revocable Permit Request By First Street Development, LLC, As The Owner Of The Commercial Pl'operty Located At 800 First Street. To Consb'uct Four (4) Concrete Eyebrows That Project Over And Into The PubUc Right-Of-Way. J!.J A Minimum Horizontal Dimension Of 2' ,2~ At 9' ·6" Above The SJdewalk, To A Maximum Horizontal Dimensioo Of 5'·0" At 9'·8"Ab<lve The Sidewalk. ilquiriss may be directed to the Publlc Worl<s Department at (305) 673-1ll60. 12:00 p.m. Vacatlon Of AI leyway -500 All on Road A Resolution Approving. On Second Reading, The Vacation Of k1 Atley Lacated In The 500 Block Of Alton Road, Containing Approximately 6,005 Square Feet, In Favor Of The Adjacent Property Owners, South Beech Heights I, LLC, 500 Alton Road Venhm!s, LLC, And 1220 Slxth, LLC. inquir'es may be directed to the Publio Woms Department at (30f.i) 6~ 7080. 12:15 p.m. A Resoiution Accepting The Recommendation Of The F lnance And Cicywide Projects Committee Pertaining To The E31'1y Tetminatlon Of An Ex~ing Retail Lease Agreement Between The City And Damian J. Gallo &Associates, Inc. DIB/A Permit Doctor; Approving And ALithr:tizing The Mayor And City Clerk To Execute: 1) A New Lease ~reement Between The City And Damian J, Gallo & Associatea, Inc:. 0/B/A Permit [)octo(, For An Initial Term Of Three (3) Years, Wll n 1Wo {2j Renewal 0 ptions For Two (2) Years Each. Involving The Use Of Approximately 1 ,269 Square Feet Of Clly-Owned Property Located At 1701 Merldiao Avenue. Unit 4 (NK!A 775 17th Street). Miami Beach, Fklrida {The "Leased Pl'emises"); kld 2) A Revocable CoilGeSsion Agreement Between The City And Damian J. Gallo & Associates, Inc:. DJB/A P;wmlt Doctor, Allowing For An Outdoor &!ating Area, Adjacent To The Leased Premises; And Further WaMng Sy 517111s Vote, The Competltl~~e Bidding Requirement, Finding Such Waiver To Be In The Best Interest OfThePub!!c. Inquiries may be directed to the Real Estate, Housing & Community Dewlopment Offk:e at (305) 6T3~ 7260. INTERESTED PARTIES are invited to appear at !his meeting, or be n!presented by an agent, or to e)(j)fflSs their views in writing addressed to the City Commission, c/o the City Clerk, 170ll Corn~entloo Center Dr!ve, 1st Floor, City Hall, Miami 8eMh. Florida33139. CopieS of these items are avaiable for public inspec:tlon during normal business hours In the City Cletl<.'s Office. 1700 Convention Centef Drive, 1st F~r. City Hall, Miami Beach, Florida 33139. This meeting or any of the items herein may be contlnued, and under such ciR:umstances additional legal notice wi IJ not be pi'O\Ilded Rafael E. Granado. City Clerk City of Miami Beadl Pursuant to Section 2&3.01 05, Fla. Stat., the City hereby advises !he public thai ft a person decides to appeal any decision mads by the City Commission with respect to at~y matter coosidered at itS meeting or ~s hearing, such person must ensurs thai a verbatim rscard of the PfOOeedlngs is made, wtJich reool'd includes I he testimony and evidence upon which the appeal Is to be based. This notice does not cons!Hute consem by the City for the introduction or admission of ctherwise inadmissible or Irrelevant evider.:;e, nor OOe5 It authorize challenge$ or aweals not ctherwise allowed by law. To reqoest this material in accessible fOITTli!l, sign language inlerpntlers, informationonaccessforpersons withdisatiRitiesandlaranyacwmmodatloo to review a~y docll'!lent or participate in any Gity·sponson!ld proceeding, pifmll contact \J$ five dayS Ill advance at (305) 573-741lt-oice) ar TIY users may also call !he Florida Relay Servk:s a! 711, Ad 1798 897 MiamiHerald.com I MIAMI HERALD ;-., .. , .. ,, ............ , ............................ ,---·····-···· RESOLUTION TO BE SUBMITTED 898 ------··-------. THIS PAGE INTENTIONALLY LEFT BLANK 899 COMMISSION ITEM SUMMARY Condensed Title: Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee To Execute: 1) A New Lease Agreement For 1,269 Square Feet And 2) A Revocable Concession Agreement For An Outdoor Seating Area; Between The City And Damian J. Gallo & Associates, Inc. d/b/a Permit Doctor; Located At 1701 Meridian Avenue, Unit 4 (afkla 775 17th Street) Key Intended Outcome Supported: Increase resident satisfaction with the level of services and facilities. Supporting Data (Surveys, Environmental Scan, etc.): Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do business and 61% of the same group would recommend Miami Beach as a place to do business. Item Summary/Recommendation: On May 13, 2009, the Mayor and City Commission passed Resolution No. 2009-27071, approving a Consent to Assignment and Assumption of Lease Agreement whereby the Dade County Federal Credit Union assigned its lease to Damian J. Gallo & Associates, Inc. d/b/a Permit Doctor ("Tenant") and certain terms and conditions of the Lease Agreement were modified. The lease automatically renewed on February 1, 2011 and expires on January 30, 2016, with no additional renewal options. Pursuant to the Lease, the Demised Premises shall be used by Tenant solely for the purpose(s) of providing building plan and permit processing services. The Tenant has requested permission to expand the use of the Demised Premises to include a cafe in a portion of space, to be separated by partition walls from the space which Tenant will continue to operate its plan and permit processing services. The Tenant further requested to use the outdoor walkway, immediately outside and to the east of the Premises, as an outdoor seating area. From a Landlord/Proprietary perspective, the tenant mix at 1701 Meridian Avenue is more conducive to a cafe than to a plans/permitting processor's office. The use of the outdoor area in the City Hall complex is new but is comparable to other outdoor concession/lease agreements with the City such as Smith & Wollensky, Syanna and Cinematheque. At its July 25, 2013 meeting, the Finance and Citywide Projects Committee recommended in favor of allowing the Tenant to use the Demised Premises for the dual purpose of plan/permit processing services (d/b/a Permit Doctor) as well as a cafe, subject to regulatory approvals at every level. Furthermore, the Committee was in favor of allowing the use of the outdoor seating area, under a separate Concession Agreement, subject to the City having the right to revoke said agreement. 25,2013 Financial Information: Source of Amount Account Funds: 1 n/a Financial Impact Summary: Ci Clerk's Office Le islative Trackin Max Sklar, ext. 6116 JLM/KGB/MAS//M T:\AGENDA\2013\September 11\Damian J. Gallo Lease Amendment SUM (8-21-13).docx AGENDA ITEM --':-B ..... 7--'N __ _ DATE f-//-/3 MIAMI BEACH 900 (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti H. Bower and Mem ers of the Cit Jimmy Morales, City Manager September 11, 2013 PUBLIC HEARING 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 PERTAINING TO THE EARLY TERMINATION OF AN EXISTING RETAIL LEASE AGREEMENT BETWEEN THE CITY AND DAMIAN J. GALLO & ASSOCIATES, INC. D/B/A PERMIT DOCTOR; APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE: 1) A NEW LEASE AGREEMENT BETWEEN THE CITY AND DAMIAN J. GALLO & ASSOCIATES, INC. D/B/A PERMIT DOCTOR, FOR AN INITIAL TERM OF THREE (3) YEARS, WITH TWO (2) RENEWAL OPTIONS FOR TWO (2) YEARS EACH, INVOLVING THE USE OF APPROXIMATELY 1,269 SQUARE FEET OF CITY-OWNED PROPERTY LOCATED AT 1701 MERIDIAN AVENUE, UNIT 4 (A/KIA 775 17TH STREET), MIAMI BEACH, FLORIDA (THE "LEASED PREMISES"); AND 2) A REVOCABLE CONCESSION AGREEMENT BETWEEN THE CITY AND DAMIAN J. GALLO & ASSOCIATES, INC. D/B/A PERMIT DOCTOR, ALLOWING FOR AN OUTDOOR SEATING AREA, ADJACENT TO THE LEASED PREMISES; AND FURTHER WAIVING BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE PUBLIC ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND On July 30, 2003, the Mayor and City Commission passed Resolution No. 2003-25298 approving a Lease Agreement between the City and the Miami Beach Federal Credit Union for the use of approximateiYt 1,350 square feet of City-owned property, located at 1701 Meridian Avenue, Unit 4 (alkla 775 17 h Street), Miami Beach, Florida for use as a federal credit union. On January 11, 2006, the Mayor and City Commission passed Resolution No. 2006-26087 approving a Consent to Assignment and First Amendment to Lease Agreement whereby the Miami Beach Federal Credit Union assigned its lease to the Dade County Federal Credit Union and certain terms and conditions of the Lease Agreement were modified, including amending the Term to commence on February 1, 2006 and expire on January 31 , 2011 I with one automatic extension option for a period of four (4) years and 364 days. On May 13, 2009, the Mayor and City Commission passed Resolution No. 2009-27071 I approving a Consent to Assignment and Assumption of Lease Agreement whereby the Dade County Federal Credit Union assigned its lease to Damian J. Gallo & Associates, Inc. d/b/a Permit Doctor ("Tenant") and certain terms and conditions of the Lease Agreement were modified, including correcting the 901 Commission Memorandum Damian J. Gallo & Associates, Inc. d/b/a Permit Doctor-New Lease Agreement & Concession Agreement September 11, 2013 Page 2of5 square footage of the Leased Premises which is 1 ,269 square feet of ground floor retail space (not 1 ,350 square feet). The lease automatically renewed on February 1, 2011 and expires on January 30, 2016, with no additional renewal options. As stated in Section 7.1 of the existing Lease Agreement, the Leased Premises shall be used by Tenant solely for the purpose(s) of providing building plan and permit processing services. The Tenant has requested permission from the City to expand the use of the Leased Premises to include a cafe in approximately the eastern 2/3 portion of space, to be separated by partition walls from the space which Tenant will continue to operate for its plan and permit processing services (d/b/a Permit Doctor). Furthermore, Tenant has requested to use the outdoor walkway, immediately outside and to the east of the Premises (perpendicular to the 1 th Street sidewalk), as an outdoor seating area, containing seven tables, twenty six chairs and five umbrellas, including consideration for patrons requiring ADA accessibility. A plan of the proposed Permit Doctor I cafe space and the outdoor seating area is attached hereto and marked "Attachment 1 ". Three (3) photographs of the adjacent outdoor space are also attached for your review and consideration and marked "Attachment 2." The Permit Doctor space and the cafe would each have their own entrances as well as exterior signage. On January 24, 2013, the Finance and Citywide Projects Committee ("F&CPC") discussed Tenant's request and suggested the Administration prepare two (2) separate agreements for Tenant's ·requested uses. The F&CPC recommended allowing Tenant, subject to regulatory approvals, to use the Leased Premises as requested for the dual purpose and additionally negotiate to use the outside space. The City Commission considered this matter at the March 13, 2013 regularly scheduled City Commission meeting. The item was discussed extensively and ultimately the resolution was rejected because the Commission expressed a concern with amending the existing lease, as well as other terms. Tenant worked with staff to address the Commission's concerns and bring the item back to the F&CPC. On July 25, 2013, the F&CPC again discussed Tenant's request and suggested the Administration prepare a new Lease Agreement, allowing Tenant, subject to regulatory approvals, to use the Leased Premises as requested for the dual purpose. Additionally, the F&CPC recommended allowing Tenant to use the outside seating area under a separate revocable Concession Agreement. ANALYSIS The proposed cafe would cater to pedestrians along 1 ih Street, City Hall employees and clients, as well as visitors to the convention center during special events. From a Landlord/Proprietary perspective, the tenant mix at 1701 Meridian Avenue is more conducive to a cafe than to a plans/permitting processor's office. The current waxing salon, massage franchise, and hair-drying salon all better function with an ancillary cafe/snack shop than with the current office use. At this time, in accordance with the recommendation of the F&CPC, Tenant is proposing to cancel the existing Lease in exchange for a new Lease Agreement, in substantial form as attached hereto and marked "Attachment 3", and a new Concession Agreement, in substantial form as attached hereto and marked "Attachment 4", each for an initial term of three (3) years with two (2) additional two (2) year renewal options. The attached DRAFT Lease and Concession Agreements are subject to Legal and Regulatory approvals as well as final approval by the Tenant. The Leased Premises contain a total of 1,269 square feet. The proposed portion of the Leased Premises which will remain as an office for plans processing services is 468 square feet and the proposed portion which will be used as a cafe is 801 square feet. 902 Commission Memorandum Damian J. Gallo & Associates, Inc. d/b/a Permit Doctor-New Lease Agreement & Concession Agreement September 11, 2013 Page 3of5 Under the current Lease, Tenant is paying an annual rate of $36.64 per square foot, on a NNN basis. Additionally, Tenant pays $12.33 PSF for operating expenses which consist of $7.43 PSF for real estate taxes, $4.00 PSF for maintenance expenses and $0.90 PSF for insurance. Uni-K Wax is currently paying $30.93 PSF on a NNN basis, plus $12.33 PSF for operating expenses. Massage Envy is currently paying $27.60 PSF on a NNN basis, plus $12.33 PSF for operating expenses. South Florida Salon is currently $52.53 PSF on a Gross basis. A Rent Detail for all four retail tenants at 1701 Meridian Avenue is attached hereto and marked "Attachment 5". Permit Doctor Space If the Tenant's proposal to cancel the current Lease and enter into new agreements is accepted, staff proposes Tenant shall continue to pay its existing market rate of $36.64 PSF on a NNN basis (with three percent (3%) annual increases), plus $12.33 PSF for operating expenses, for the office portion {Permit Doctor) of the Leased Premises. Cafe Space For the cafe portion of the Leased Premises, staff recommends Tenant's rent shall be increased. According to market research, comparable rents for available retail space on 171 h Street range from a low of $47 to a high of $75 per square foot, on a NNN basis, with an average of $60 per square foot as follows: Address: Sq.Ft Rent/sq.ft. Annual Rent Type Term Use 1000 17th Street 7,000 $ 75.00 $ 525,000 NNN 60mos Retail 1000 17th Street 6,600 $ 50.00 $ 330,000 NNN 60mos Retail 1000 17th Street 6,700 $ 60.00 $ 402,000 NNN 60mos Retail 723 Lincoln Lane 2,900 $ 47.00 $ 136,300 NNN 12mos Retail Total 23,200 $ 60.06 $ 1,393,300 The three comparable spaces at the high end of the range ($50-$75 PSF) are in a new, Class A project with an expected completion in the 3rd quarter of 2013. The rental rate of $47 PSF for the 723 Lincoln Lane property includes use of the outdoor seating area which consists of approximately 361 SF. Tenant has projected annual gross sales in the amount of $218,400. Staff considers this to be a conservative estimate as this amount is based upon typical weekly sales of $4,200 and does not take into consideration revenue from special events. Staff recommends Tenant's rent for the cafe space shall be increased in accordance with one of the following options: 1. Tenant's base rent of $36.64 PSF, on a NNN basis, shall be increased to $45.00 PSF on a NNN basis, with three percent (3%) annual increases. Tenant would continue to pay operating expenses (currently $12.33 PSF); or 2. Tenant shall pay fifteen percent (15%) of gross sales with a Minimum Guarantee of $39,225 annually (payable in monthly installments at the beginning of each month), with three percent (3% annual increases). The Minimum Guarantee is equal to Tenant's current rental rate calculated based upon the 801 SF cafe space ($36.64+$12.33=48.97 times 801 SF=$39,225). The percentage rent structure provides greater revenue to the City than Tenant's current rate, in the event the cafe operation is successful, as expected. 903 Commission Memorandum Damian J. Gallo & Associates, fnc. dlbla Pennit Doctor-New Lease Agreement & Concession Agreement September11, 2013 Page 4 of5 Additionally, Tenant shall be required to pay additional rent for the use of the outdoor seating area as contained below. Outdoor Seating Area The outdoor seating area consists of approximately 507 square feet outside and immediately east of the Leased Premises. There is no precedent for the use of an outdoor seating area in the City Hall complex; however, the use of the outdoor area is comparable to other outdoor concession/lease agreements with the City. The revenue to the City for said agreements, on a per square foot basis, is provided below: Annual Annual Gross Revenue Concessionaire I Gross % Base Amount Square To City ~ Address Revenue To City Rent To City E!!! Per Sg. Ft. Smith & Wollensky 1 Washington Ave. $3,133,119 10% NIA $313,312 581 $539.26 Syanna 816 Commerce St. NIA NIA $66,480 $66,480 2,216 $30.00 Cinematheque 1130 Washington Ave. NJA 15% NIA $7,000 671 $10.43 It should be noted that the outdoor concession areas for Syanna and Cinematheque were both unsuccessful and ultimately ceased operations. In determining a fair market rate for use of the outdoor concession, Staff took the average per square foot rate from Syanna and Cinematheque, which was approximately $20.00 per square foot. Smith and Wollensky was not considered to be comparable to the operation proposed by Permit Doctor. As such, staff recommends Tenant shall pay $20.00 per square foot, or $10,140 annually, on a gross basis, and would be subject to three percent (3%} annual increases on the anniversary of the lease commencement date. CONCLUSION AND RECOMMENDATION At the July 25, 2015 Finance and Citywide Projects Committee meeting, the Administration proposed the terms set forth above and asked for a recommendation. The F&CPC recommended cancelling the existing Lease in exchange for a new Lease Agreement, allowing for both the office use (Permit Doctor) and the cafe use, and a new revocable Concession Agreement for the outdoor seating area, each for an initial term of three (3) years with two (2) additional two (2) year renewal options. For the office portion (Permit Doctor) of the Leased Premises, the F&CPC agreed with the Administration's recommendation that Tenant shall continue to pay its existing market rate of $36.64 PSF on a NNN basis (with three percent (3%} annual increases), plus $12.33 PSF for operating expenses. For the cafe portion of the Leased Premises, the F&CPC recommended that Tenant shall pay fifteen percent (15%) of gross sales with a Minimum Guarantee of $39,225 annually (payable in monthly installments at the beginning of each month), with three percent (3% annual increases). The Minimum Guarantee is equal to Tenant's current rental rate calculated based upon the 801 SF cafe space ($36.64+$12.33=48.97 times 801 SF=$39,225). 904 Commission Memorandum Damian J. Gallo & Associates, Inc. d/b/a Permit Doctor-New Lease Agreement & Concession Agreement September 11, 2013 Page 5of5 For the outdoor seating area, the F&CPC agreed with the Administration's recommendation that Tenant shall pay $20.00 per square foot, or $10,140 annually, on a gross basis, and would be subject to three percent (3%) annual increases on the anniversary of the lease commencement date. The Administration recommends that the Mayor and City Commission accept the recommendation of the F&CPC. Attach...._~nts JLMtK""'Ji3'tMAS/MMM T:\AGENDA\2013\September 11\Damian J GaJio Lease Amendment MEM (8-21-13).docx 905 Attachment 1 906 1 r:~:~~:l i I ;ii:!~i:~.:::j ' I F'UFINITURE, FIXTURE a EQI.JIP ..... Er..IT fLOOR PLA"' 907 FF&E & Floor Plan Attachment 2 908 Attachment 3 912 LEASE AGREEMENT THIS LEASE AGREEMENT, made this _ day of , 2013 (Lease, Lease Agreement), by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, (hereinafter referred to as "City" or "Landlord"), a DAMIAN J. GALLO & ASSOCIATES, INC., a Florida corporation, (hereinafter 1. 2. Demised Premises. The City, in consideration of the rentals herei covenants, conditions and agreements to b hereby leases, lets and demises to the T e from the City, those certain premises owned building at 1701 Meridian "Building"), and more fully described 1 ,269 square feet I more specifically attached hereto and (a.k.a. 775 1ih Street}. to be paid and of the by the Tenant, leases and hires in the City- 3139 (the of the Building, and as (Demised Premises), known as: Unit 4 of Demised Premises s a permit processing office (the 2.1 entitled to have and to hold the Demised Premises for an ree (3) years, commencing on the 1st day of October, 2013 ~,....-=-...,-=-nt Date"), and ending on the 30th day of September, urposes of this Lease Agreement, and including, without lim , Subsection 2.2 herein, a "contract year" shall be defined as that certain period commencing on the 151 day of October, and ending on the 30 1h day of September. 2.2 Provided Tenant is in good standing and free from default(s) under Section 18 hereof, and upon written notice from Tenant, which notice shall be submitted to the City Manager no earlier than one hundred twenty (120) days, but in any case no later than sixty (60) days prior to the expiration of the initial term, this Lease may be extended for two (2) additional two (2) year renewal terms. Any extension, if approved, shall be memorialized in writing 913 2.3 3. 3.1 3.2 and signed by the parties hereto (with the City hereby designating the City Manager as the individual authorized to execute such extensions on its behalf). In the event that the City Manager determines, in his sole discretion, not to extend or renew this Lease Agreement {upon expiration of the initial term or any renewal term), the City Manager shall notify Tenant of same in writing, which notice shall be provided to Tenant within fift~~.n (15) business days of the City Manager's receipt of Tenant's written n, '''~'/: Notwithstanding anything in this subsectio .. · . ..~~.pther term or condition in this Lease Agreement, the City reserves t~:jnghf~~~~ugh its City Manager, to terminate this Lease Agreement ~dive any t)~,"after July 1, 2014, without cause and without liabilitytg;;~City, upon provtff~Tenantwith 180 days prior written notice. .·~'~;:tt{:.>· ";J.~i#;;;,., ~:ri~~£'' ~;, 'T,~~~~i}~ Rent. Base Rent: "'' !¥fV~&;,{/J11ff' Tenant's payment of•n;a§ defined i;Wtfiis Section 3, shall commence on October 1. 2013 (the "R~nfe~oo~rlceme~'i~te") and, thereafter, on each first day of,:,~,:,:,:q uent ~:,~·. ,:JIIJ;~ill~ii!J>,'t\if;. 3.1.1 Dut5m;,.;:~%fjrst Corij~j,;fear, ttter:aase Rent for the Demised ,<{i~fsmises s~'M be Fo,'[~ix Thousand Four H~ndred Ni~ety Six and ;;;i:(W~6!1 00 Doll. ($46,49&J!J§) per year, payable m monthly mstallments ·:;:fi,I)Three l:ti&~n,9 Eighf{@undred Seventy Four and 68/100 Dollars ($~~~~~,!;·~,,,~:;;F!t11t~~~N;1f~i?~>,;~~v'·, .cYx~1:if~Jf&:W:i>;;,~/. ·., . · ";: !· .,~~~t\irif;be . ·.· . Rent amount pursuant to this Section 3.1 shall be ,/,: ',c?\''-;./;'>d.<, ·>·\-','C,-1;,.', ,~,1.;,·; .•. ·.• .. ~.;·.·,:.··.~': .. :, ... ': .. ·.•~~·:· .... ·,:::,:,: .. :"···,.~·0,.'·.·.: .. :·,.:·,·... =~~~-,a~~~h~~~~~~~!~eoJ~~~~~~~~~c~~~~;~:~ t~;~~ ·: .. i:: LeaS~kand e~i:::h anniversary Commencement Date thereafter, in increrMnts of three (3%) percent per year. '\~~n~t In afflftJ~J::f5to the Base Rent, as set forth in Section 3.1, Tenant shall also pay therfbllowing Additional Rent as provided below: 3.2.1 Operating Expenses: During the first Contract Year, the Operating Expenses for the Demised Premises shall be Five Thousand Seventy Six and 00/100 Dollars ($5.076.00) per year, payable in monthly installments of Four Hundred Twenty Three and 00/100 Dollars ($423.00), for its proportionate share of "Operating Expenses" which are defined as follows: 2 914 "Operating Expenses" shall mean the following costs and expenses incurred in operating, repairing, and maintaining the Common Facilities (as hereinafter defined) and shall include, without limitation, water service to the Building, sewer service to the Building, trash removal from the Building, costs incurred for gardening and landscaping, repairing and maintaining elevator(s), painting, janitorial services (except for areas within the Demised Premises), lighting, cleaning, striping, policing, removing g and other refuse and trash, removing ice and snow, repairi maintaining sprinkler systems, water pipes, air-conditionin ms, temperature control systems, and security systems, fire air and maintenance and other equipment in the common rior and structural portions of the Building, patching and maintaining the parking ing adjacent areas, management fee . · .• · · · . expenses to employees furnishing .e common areas, together with an · nistration ch • equal to fifteen percent (15%) of a nses included in the annual common area ~.~nses, p . ·. the City for the common or joint use and/or be~~t:~be occupa the Building, their employees, agents, servant~i!(:.u'Mf·t~ and ru"'""""''n" ·:-~~~~~;· . ·•·J;~jJM;;:;ik,ik·. . .... "Coq.lJ]lQ!L Faciliti~~. sl"\~lfH?'MEitl; .. pl ·Building areas, spaces, e,~~~~~!~r well a~i~~fh servibes',···~:.vailable for use by or for the .x:;~ef1t of T~nt and!QJ:~I~S employees, agents, servants, volunteers, ,::;;~~f~@Ustomers, t!ests and1(i£,jnvitees. ';;;*~1&-ih.::.. . .. f:.:£;f)i~•j);s,., , ·:~M?@':: TifiiDt., .. ':·· ·an~g.~r~nds that the costs incurred for Operating .A,;~i~d;·;i.I%i~?:?,,w •• Expi~· may incr~a§ibr decrease and, as such, Tenant's pro-rata .:{ii%~f:l~:"' ···"<:i::r::J~are ~~perating Expenses shall increase or decrease accordingly. 7~~1f;zy~v •?•t:.;,K~;,~;. ····~~i@~ .... '·.,:,,,.:<i-2 Pr'•"·: !e1Y T.;. ~:~;?:1?~j:~;... Th~(gperty Tax Payment shall be payable by Tenant, in accordance ~·i;:iMl•%;::. with ~tion 11 herein. The Property Tax Payment for the first t'f:,'!f'L' "/,·,-.">//? ··~·1~i;;?l::\ Cant~ Year shall be estimated based upon the 2012 Property Tax ·~r;i#~·i·. Pd-nt, in the total sum of Nine Thousand Four Hundred Twenty ··<·ittf!l:i'Dollars and 2111_00 ($9.422.21), payable in monthly installments Of'S even Hundred E1ghty Five and 18/100 Dollars ($785.18). 3.2.3 Insurance: The Additional Rent shall also include Tenant's pro-rata share toward estimated insurance costs, determined by the City in its sole discretion an judgment, to be sufficient to self-insure the Demised Premises (Landlord Insurance). Tenant's pro-rata share of the Landlord Insurance cost for the first Contract Year shall be One Thousand One Hundred Forty Two Dollars and 161100 ($1. 142.16), payable in monthly installments of Ninety Five and 18/100 Dollars 3 915 ($95.18). The Landlord Insurance cost may be adjusted periodically, in the city's sole discretion, during each anniversary of the Commencejment Date. This insurance coverage is in addition to the insurance required pursuant to Section 10, which shall be obtained at Tenant's sole expense and responsibility. 3.3 Percentage of Gross Derived From Cafe Space ("PGCS"): During the Term of this Lease Agreement, in the evJ~[lt that the amount equal to fifteen percent (15%) of Tenant's annual gro~at~eipts derived from the ;C:('c,~'J../'i~·o' use of the Cafe Space (PGCS) exceeds the t~·iBase Rent and Additional Rent provided in Subsections 3.1 (as ig~~,o annually pursuant to Subsection 3.1 .2) and 3.2 above which ~)pr6pOffl~~te to the Cafe Space (the "Cafe Space Proportionate Rent"};J~b,eh Tenanf'Sli@ll also pay to the City within thirty (30) days of the anniv~~ty of this Agre-t, the difference J'>'"•/"J'/<1/ ?:/)'N'<,/-' between the amount of the PGSfl:f:nd the Cafe Space PF'·!lg~ionate Rent, each year during the Term oft~~;f.greemen~i~Ircluding any:r~~wal terms. The Cafe Space Proportionate R~.!s he~-~1ipulated as th~:l)ercentage which the square footage of the Cafi:J,§Ji~'. which is 801 square feet (as contained in Section Jc;,;Qfthis Lease'·A~~ment), bears to the total square footage of the Demise¢J;;~J~es, whicfli{t!;·~1 269 square feet (as contained in Section 1of this Le~ Ag(-m.ent). A@f(Jingly, for purposes of this Subsection 3.3, the Caf~);&pac~:·~rtiona't~iBent is 63.12% of the total Base Rent~~lt'L~dditionart~~nt~(~Vi~~~-;;,~u·B~ections 3.1 (as increased annually~tsti~&t~ Subs~~j3':1.2) artt!t:¥.2 above .. :~~lM'N? t(~;~: ~:;&k' The%~~ "gross r~ipts" is angerstood to mean all income collected or .• ,,.-, •. "'. •"<).[-,-,". .).··.( accrli~t:,_9erivegii~ •• l~llant u~r the privileges granted by this Lease Agreeni~ijt~.1 ~~~l~iri§?-~~·"·~··any Federal, State, or City sales tax, or ,;;:i~~W~~~Jax, 9Q.hmental imjrombn, assessment, charge or expense of any .~:0Y~1W''''/{iri<¥H~~~ctE~'tlf~)tJenant from customers and required by law to be remitted 4;&f{(:ffV to the t~t~~ or·o~rgovernmental authority. "-:~:~~~M~1)? . '-:.<:~~;:M~::~:i. . /<~:i~H~~:~:~:/.'. 3ii~~~ Mairli!ance a:nd Examination of Records. ;,~~~~1;. Tena~~shall maintain current, accurate, and complete financial '"i'0~if;;;.. recorflton an accrual basis of accounting related to its operations ''j;~Ul·~~p!M:lpht to this Lease Agreement. Systems and procedures used to ·:;sttt.tain these records shall include a system of internal controls and 'aff accounting records shall be maintained in accordance with generally accepted accounting principles and shall be open to inspection and audit, but not photocopying, by the City Manager or his designee upon reasonable prior request and during normal business hours. Such records and accounts shall include a breakdown of gross receipts, expenses, and profit and loss statements, and such records shall be maintained as would be required by an independent CPA in order to audit a statement of annual gross receipts and profit and loss statement pursuant to generally accepted accounting principles. 4 916 3.3.2 Inspection and Audit for Cafe Space. Tenant shall maintain its financial records pertaining to its operations for a period of three (3) years after the conclusion of any contract year and such records shall be open and available to the City Manager or his/her designee, as deemed necessary by them. Tenant shall maintain all such records at its principal office, currently located at 1701 Meridian Avenue, Unit 4, Miami Beach, Florida 33139, or, if moved to another location, all such recor!j§ shall be relocated, at Tenant's expense, to a location in Miami ~~• within ten (1 0) days' written notice from the City. .,:r1~~i~1" ·~:~:!~~~ff~:;:~~'~:i:?f~;~{:',, The City Manager or his/her d~ee ~~l be entitled to audit Tenant's records pertaining tq>;;~ 'OperatiortiY.J~ often as the City deems reasonably necess,~ifil'roughout the'''~~-:!]1 of this Lease Agree_ment, a_nd .three ~;;t£~tiffies within the thr~~~~~J. year period followmg termination oHfiii'Lease Agr~ment, (regar~ of whether /,'}/,'"+>'/-, :'.tv~-1,<:•;\~', , n#r.f!r,(-''r such termination results ffQ!n.;.the n.~Ji~expiration offtl@"term or for any other reason). The City'~~!~~~iresponsible for paying all costs associated witb;.;§~.Ch audits, Utl.the audit(s) reveals a deficiency of five (5%) p~~LJl10re in T~t's statement of gross receipts for any year or Yfer~'~§~g, in w~f~;~ase Tenant shall pay to the City, within thirtyi{ft:90) diii~Jh~xthe au~. being deemed final (as specJ~J~elow), trr~j~ostfi)Mtl"Ef~it1g:ncf'a sum equal to the amount ~&~~:def{~~:pc~ rev~~jfJy the aodltt'pl~s interest. _The audit shall P:tl~fbe dee~~() f1nal untt't;)"enant has rece1ved the aud1t and has had a ·-1!"2;!:l:!~asonable ,t,mportunityf#Jeview the audit and discuss the audit with '~i~City. T~~.@gudits ar$:'&:1 addition to periodic audits by the City of ~rt-::::lax:;;;:ooi~§. "ifi"nd payments, which are performed .!:f.?2fJu:~i2r~~\"7···. sep~y. Nothing··a~~ined within this Section shall preclude the ,_?'iJ';i"·',<~:;,-~'.>-'"·'.?;J.>. ?'.~: ·'r{lR,,'' ,v,>,~~S-'/ ', .y~y(fii"f';, .. ,~,~~§jty's aumt rights for Resort Tax collection purposes. 4~1;~~f~i;Jl '•>;,;*!;l~~~{;;,, >~,>~iWf;£ixc ·1~if~!t~;3;,, Te'~J! shalt{~~bmit at the end of each contract year, an annual <?;$~~li~z,,, stat~nt of gross receipts, in a form consistent with generally ~~,~~~{;,_ acce~IP accounting principles. Additionally, such statement shall be .,~,?it:@i>>, accqQjpanied by a report from an independent CPA firm which shall ""z:};j~;,,, p~fi~ certain agreed upon procedures, as described in the attached •,;·::;s;:~lb"t 6 '<-f:~:~~~"-I . It is Tenant's intent to stay informed of comments and suggestions by the City regarding Tenant's performance under this Lease Agreement. Within thirty (30) days after the end of each contract year, Tenant and the City Manager or his/her designee may meet to review Tenant's performance under this Lease Agreement for the previous contract year. At the meeting, Tenant and City may discuss quality, operational, maintenance and any other issues regarding Tenant's performance under this Lease Agreement. 5 917 3.4 3.5 4. 5. 6. 6.1 Sales Taxes. Concurrent with the payment of the Base Rent and Additional Rent as provide herein, Tenant shall also pay any and all sums for all applicable tax(es), including without limitation, sales and use taxes and Property Taxes, imposed, levied or assessed against the Demised Premises, or any other charge or payment required by any governmental authority having jurisdiction there over, even though the taxing statute or ordinance may purport to impose such tax against the City. Enforcement. Ten ant agrees to pay the Base Rent, . amounts as may be due and payable by r·~·.... n u rJhis Agreement, at the time and in the manner provided her~:afid shoul ·~·.·, rents and/or other additional amounts due herein provid$fat any time r~~fl due and unpaid !•!i/ci/?.'-"(,.?},;:_1/'n for a period of fifteen (15) days~r'the same shall be·····:·~.·." due, the City may exercise any or all optionsf-ilable to it~reunder, w~ .. ptions may be exercised concurrently or se~tely, q~~J~ City may pur' ue any other . remedies enforced b:.~~;:,,,., ''~~af!~~ Locat1on for Payments. ·~~:~;:~. '5•.~»if:).,, ,. ·"r~r:r>;:;,, All rents or other payments d~J;bere~r shall oi~~id to the City at the following address: i,J®~~~~~i~~tf:t!tWl~liW#§;:'¥~ ,;:.~'''/;,. ·:;,.;;,;,Reven ~ •. f!Jianager :''"'%"''' ··"·;·,. ,,.,,.. rd ~;~.>;J:~:it 1700 C~ntion Cqter Drive, 3 Floor '•::~;"t~.J,,. · · each ~ida 33139 ':1!~1~i~~b:., ... l . . .~~it1;;f\;·~~i·;;;,/ ,. 'fW:· o~(~M?:i9!ber ~Fs as the C'ffY;:may, from time to time, designate in writing . . /gi:;~,:n~·i~ . ··</·~~r~~t~it:~~~;., ··,~1Iff~;m~}Z:. . ant may req~. at f.t's cost, from the City's Parking Department, the use J~ more than fd~H4) parking spaces, if available, within the Municipal Parking G~i-.. Rates for ~d spaces are subject to change, and are currently Seventy ($70.·~1&,Qollars p~~£1\nonth, plus applicable sales and use tax per space. , "{. 1~~~J~~~~?;;~>c. 1.\:r::-:~*!tftf:/. Security D'~f:Wt3uaranty. ·~~~{~l~··_, Upon execution of this Agreement Tenant shall furnish the City with a Security Deposit, in the amount of Ten Thousand Three Hundred Fifty Six and 08/100 Dollars ($1 0,356.08). Said Security Deposit shall serve to secure Tenant's performance in accordance with the provisions of this Agreement. In the event Tenant fails to perform in accordance with said provisions, the City may retain said Security Deposit, as well as pursue any and all other legal remedies provided herein, or as may be provided by applicable law. 6 918 7. 7.1 The parties agree and acknowledge that the foregoing condition is intended to be a condition subsequent to the City's approval of this Agreement. Accordingly, in the event that Tenant does not satisfy the aforestated, then the City Manager or his designee may immediately, without further demand or notice, terminate this Agreement without being prejudiced as to any remedies which may be available to him for breach of contract. Use and Possession of Demised Premises. J'~~:*l'~~f' 0=-:...<ff.:...:ic=e-=S::...~:p=a=c=e: "'~~}{ff~:~~:' Approximately 468 square feet of the western portigj9f;~ Demised Premises shall be used by the Tenant solely for the purpose(~f:~~f P~9)ng building plan and permit processing services (i.e. certificates ot~~)l'lpletion, c·~ates of occupancy, violation remediation, plan review, proce~fng>and expediting'>·' , ices, inspection management, special and 40 year insp.~!9f1s, fire and building · :'·. )iance, permit administration, occupancy load calcul~rs, speciaiJ~yent permittirf§f,~tpd recording services) . ,,,~~~~1\·t~~"!!~;;,»>:~[~~~j~i~;;h ~"~~:;: Tenant's uses and/or servic~:~erovided updff:f~ Demised Premises may require Tenant to interact, from tirif~::t~)~!!~~· with·~~~3.pf Miami Beach officials ~nd employees, acting in their reg~lato~·;,;~pacity. ·<~~ithstanding the preced1ng, Tenant hereby represents and··~ranfs~~;-J::;ity ~;:~t shall in no way, whether express or implie914~~$;l;he impr~on,l~~~~i~ ii+~ny way actin~ as an age~t and/or repres~t!~tive••"i~~the C1ty,:;~~tf~!i'fam1 Beaen, nor that, by v1rtue of th1s Agreement, ,~pnt deriv.,any sp~l benefit and/or consideration from the City (acting in ·~~{egulatory g!ipacity) wlt{i~iregard to Tenant's provision of plan and permit proce-&1 servJ~ijR:tQ!rd pa~. Any violation of this Subsection 7.1 by Tenant shall o~~l@~. ;: .. :,· :z,:as::,:):lti~~~tq~atic default under this Agreement and, · . ng a:· .. er provismn?i:Set forth herein, shall entitle the City to · ··•· .· . rmiff*'~:Jhis Agreement, without further notice to Tenant, and . ~,ji> LV'"·"""'.'''".' e V'I-J:.~:,:;::~': .·. ·: . ~~~B~l~;!Jj are feet of the eastern portion of the Demised Premises shall ly for the purpose(s) of operating a cafe. Tenant shall cook, prepare,'.::(! wH.:au.~· .. ,, • ..., be prepared, for sale within the Demised Premises, such cooked, p and/or prepackaged foods, and such non-alcoholic beverages as those set in "Exhibit 7.1" (Menu), attached hereto and incorporated herein. 7.2 The Demised Premises shall be open for operation a minimum of five (5) days a week, with normal hours of operation being as follows: Office Space: Cafe Space: Monday -Friday: Monday -Friday: 7:00AM to 5:00 PM 7:00AM to 9:00PM Nothing herein contained shall be construed to authorize hours contrary to the laws governing such operations. 7 919 7.3 8. 8.1 8.2 It is understood and agreed that the Demised Premises shall be used by the Tenant during the Term of this Agreement only for the above purpose(s)/use(s), and for no other purpose(s) and/or use(s) whatsoever. Tenant will not make or permit any use of the Demised Premises that, directly or indirectly, is forbidden by law, ordinance or government regulation, or that may be dangerous to life, limb or property. Tenant may not commit (nor permit) waste on the Demised Premises; nor permit the use of the Demised Premises for any illegal purposes; nor it a nuisance on the Demised Premises. In the event that the Tenant u mised Premises (or otherwise allows the Demised Premises to be r any purpose(s) not expressly permitted herein, or permits and/or . y prohibited use(s) as provided herein, then the City may declare th · · .· .. _in default pursuant to Section 18 or, without notice to Tenant, rest~am:.s · · by injunction or other legal action. .;i;#zii~f,; lmorovemenm. ·~c~:w ~-"~t"' ·. Tenant accepts the Demised Preril~~;f~;sffleir present "AS IS" condition and may construct o~~use to be co-cted, such interior and exterior improvements and m1~~ce to the-ised Premises, as reasonably nec~ssary for it to car~::l£n'Jt$:~iJ?:~Hritted -~~~~· as set forth in Section 7; prov1ded, however, thaf:\.l@,~Y plan,!tt9&.o,~ucn'·~Ji!provements shall be first submitted tQ;l:be.~City Man.r fo,r:;:fti$1Yffii: ·ueh consent, which consent, if grantedJ~t~~~N;~{-kbe at tf\fj~;@fiY?Manag\. 'sole and absolute discretion. AdditiQ;f:iJtY, any a~all app~d improvements shall be made at Tenant's sol~it~ense and .f:flponsibill~f:(\11 permanent (fixed) improvements to the Demi~1Jlremi~_~5~:9~n remai'n;f~e property of the City upon termination .a.nd/or e·:e~~:rif\tffiS:;ffll:~f!).~t. Upon termination and/or expiration of .j~l:~·ijffx~~~reerrttlf'all personafproperty and non-permanent trade fixtures may .s.;;~~:r;;;,:cr· be ~~ed OJ;~tp~ Tenant from the Demised Premises, provided that they ,,/i;!t}:~:~.:i:'·~: can be't~Ad. are}ifi~oved without damage to the Demised Premises. Tenant <;~?£1%~;., will permftf£:mo lie~.t:fltP attach to the Demised Premises arising from, ·~:{;f~U·. connected ';•th, or :/related to the design and construction of any ··::;:;~~~~~!Qlprovemen~~:;Moreover, such construction shall be accomplished through -~~>use of ,ij~sed, reputable contractors who are acceptable to the City. A'ff~:~;:;f!m;t~::~f;-7•· permits and or licenses required for the installation of imp~~ts shall be the sole cost and responsibility of Tenant. ~;·.0:~·?:5",? Notwithstanding Subsection 8.1, upon termination and/or expiration of this Agreement, and at City's sole option and discretion, any or all alterations or additions made by Tenant to or in the Demised Premises shall, upon written demand by the City Manager, be promptly removed by Tenant, at its expense and responsibility, and Tenant further hereby agrees, in such event, to restore the Demised Premises to their original condition prior to the Commencement Date of this Agreement. 8 920 8.3 The above requirements for submission of plans and the use of specific contractors shall not apply to improvements (which term, for purposes of this Subsection 8.3 only, shall also include improvements as necessary for Tenant's maintenance and repair of the Demised Premises) which do not exceed Five Hundred ($500.00) Dollars, provided that the work is not structural, and provided that it is permitted by applicable law. 8.4 Tenant Improvements. J:< Tenant agrees to make certain improvements (!~!~~enant Improvements") to the Demised Premises {valued by the P~d!l~· at approximately Eighty Thousand Dollars and 00/100 {$80.000.0Q};;~~~~Iineated in "Exhibit 8.4" ~'. '•"<v~:f:'' '~.N<r,tii~,(~, {Tenant Improvements), attached here~;~d l~porated herein. The Tenant Improvements shall be mad§;.dr{ accorda~ with the following timeline: /tJ!t~!jifi' "''~4\'~~'' • Tenant shall obtain ~:?~ilding pe~~~~ no later thaqj~'~e hundred eighty (180) days ff~~;. the ··~·~mencement t:Yate of this A t •~'>:,.;>> ./!c,[!:"/,'i,o/ greemen · , .. ,,('/· ,·x·.:-·7'" .:~~{~\~x:l.. ··~~:tf~~f~~!c" • Tenant sha· ''· · ·L::.\., pee makiri§lk Tenant Improvements no later than forty fivei~~r·aa~t!f;9m the'·~,the building permit is issued (the "Building ~~mit Dal;jl~;,;j[ld .;_:~i~~&f . >:~wt:i~~; •.... ··i~rr~tth .••. ;·!~~~;.;~~,~ ·· .. ~:l~~:i_1;it~~t~;;.,;.. ·c/ •,+;Ji~enarttlf~rovemt~•!Shall be co!'"'pleted, and Tenant shall obtain ,;g~t:Mi{:flnal ap~yar by t~Jpity's Buildmg Department for said Tenant :WU\1C lmprov 'nts, no ,.;than one hundred eighty (180) days from •i:/I:. th B . E "t Date. . ··•" .. . . ··;::~~(~}Jt~~/: rA~~;Wi: :'::x;,f~i·':;!~:i~I!'X >• •• ,.'fi;' ,/;;ii£~©ff:~~Q¥tJ~to d.RfY with the tih1t~ffhe and complete the Tenant Improvements J,i:if#ff/1' witRfrn~~Jh.~ ti~hperiod specified shall constitute an event of default {t~f,~~ '·, hereun~ti~l~~~., ·~~i~~$w~~s; .,, .. ~~*; 8.4.1 Tenat~;,;shall provide the City with proof that the contractor engaged !,;;:'[;~)?*;; for th~.Construction of the Tenant Improvements has obtained the ':;.i~@¥ih;. req .. .cf;l·="f insurance coverages, as set forth on the attached "Exhibit \=?Mm~l;,8~~;;2. Contractor's Insurance Requirements), listing Tenant and the <:;&lfii#Yas an additional insured thereunder. ''';;~:,;;, 9. City's Right of Entry. 9.1 The City Manager, and/or his authorized representatives, shall have the right to enter upon the Demised Premises at all reasonable times for the purpose of inspecting same; preventing waste; making such repairs as the City may consider necessary; and for the purpose of preventing fire, theft or vandalism. The City agrees that, whenever reasonably possible, it shall use reasonable efforts to provide notice (whether written or verbal), unless the 9 921 need to enter the Demised Premises is an emergency, as deemed by the City Manager, in his sole discretion, which if not immediately addressed could cause property damage, loss of life or limb, or other injury to persons. Nothing herein shall imply any duty on the part of the City to do any work that under any provisions of this Agreement the Tenant may be required to perform, and the performance thereof by the City shall not constitute a waiver of the Tenant's default. 9.2 If the Tenant shall not be personally present te>,. and permit entry into the Demised Premises at any time, for any r ~•~n~,.~:r,, and any entry thereon shall be necessary or permissible, the City;:·'' ··-~r. and/or his authorized representatives, may enter the Demised;;;> mis'·~·, y master key, or may forcibly enter the Demised Premise§I~;Witl1out ren :mg the City or such agents l1"able therefore <:;-;:::~:·:~~':?::~-!:'! <:~:~:~:~:(~ • . 'I' •.wsw· '\p:;.};;.~>;. :A:~r:t~~~r~~J--,~'~,~~~1;~~~~, 9.3 Tenant shall furnish the City w~Jd~licate key$ to alllocks)f.ing exterior and interior doors prior to (but nd;~t~r thart ''~'iffhe Commenci!'fiNent Date of this Agreement. Tenant shall not cha;jm~;· ··· Ocks to the Demised Premises without the prior writt~fl:;9c:msent of ttl~~., Manager, and in the event such consent is given, Tefijl~~§~i!J furnish ffi:~?~ity with duplicate keys to said locks in advance of th~tt~lngfiJtation. '''<~ .. ;. l.)lli) ' ,·,; ;,; . ' "' . i i;(~6~;,; ' 1 0. Tenant's I nsura~~~~~!ji;;; ,,[%M;ff~JW!~;~~JJi(iP ''if 10.1 lena. , ... ,.~".II, at its5'~e expe~1i:md responsibility, comply with all insurance reqt.:J:,(..... nts of th~J:;City. It is<!mreed by the parties that Tenant shall not occupJ:i~tbe Deflllid. Premise$~;until proof of the following insurance coveragQ;J:he.'l~~efit~ftW~g.)tld approved by the City's Risk Manager: tfi~~~{!1fl~r~j~~ij~~;eo~''rsive G~~:;;;:Liability in the minimum amount of One :;;~~~f;(~;;'. .,~~n (.$\flep.ooo} Dollars (subj~ct to adjustment for inflation) per '':'1(~{,.:5:, oc~~ncettt~:podily injury and property damage. The City of Miami '"·1;~~~~;&~,. Bea~;rust befnamed as an additional insured on this policy. '-/<~:~~t~~\ }i~~~~~, 1 0.1.2~\h., Wor~~~ Compensation and Employers Liability coverage in '':.·t;c~~l:h aq~~Bance with Florida statutory requirements. \; ~r~:f~g~~~f:r:"' .. 1 0.1.3 <Jll1f~Risk property and casualty insurance, written at a minimum of eighty (80%) percent of replacement cost value and with replacement cost endorsement, covering all leasehold improvements installed in the Demised Premises by or on behalf of Tenant and including without limitation all of Tenant's personal property in the Demised Premises (including, without limitation, inventory, trade fixtures, floor coverings, furniture, and other property removable by Tenant under the provisions of this Agreement). 10 922 10.1.4 10.1.5 Business interruption insurance sufficient to insure Tenant for no less than one (1) full year of loss of business, with the City named thereon as loss payee to the extent permitted by applicable law. Any other form of insurance which Tenant or the City, acting reasonably, requires form time to time, in amounts, and for risks against which a prudent tenant would ins in any event not less than that carried by comparable I establishments in Miami-Dade County area. 1 0.1.6 Waiver of Subrogation. The City and Tenant each h If of itself and its insurers (none of which s be assig uch claim or be entitled thereto due to or otherwise) all rights of recovery, claim, act cause of n, again other, its agents, officers, or empl . for or damage may occur to the Demised Premises, ' rovements thereto or any improvements .. ta~reto, or any al property of such party therein, by reason of flf~~~:~. ~lements, other causes which are, or could or should ie insur~ agai the terms of the standard fire and extendea:::£overa~~~I,Jran cies referred to in this Lea~·~;f;§~ardless <li~h~~$~ifst:~~fj,;jg~u ce is actually maintained ar¥~~;,.,egatff$~ss of ~.~·~use or''Or!ig'in of the damage involved, A~Oding nleJt~gence ~~e other party hereto, its agents, officers, or ':<~:~~~gfmployees. ~~he City '~~fiP Tenant shall each obtain from their ·;:;·~-pectiv~;;il~YX~f~, und.JiJilll policies of fire, theft, public liability, wotf!er·~~~@fl",p,f{cf' other insurance maintained by either of JA~ffi!;;~~¥Hi;z;;;;;o;., the!Wliiit1y time diJlffig.;ffie term hereof insuring or covering the Retail ~f':l·, ··:·,.-·' r.t• ,-,. ,, . (-'(>:·,~,?-~?.,',:,,-··-~'<<'"•·/~: .. ;j:~W»~ff" · ·" ·:;·:';it[~Bace;·~%~ny port_ion the_reof or ~perations therein, a wa_iver of all ,;r~>?:ifi;·· r~ of·~11rogat1on wh1ch the msurer of one party m1ght have "::~f:~*l',:> ag'~t the"~! party, and the City and Tenant shall each indemnify, >&J$1:~f;:c,. defe~ and Hold harmless the other against any loss or expense, <':~:frfjr?{: inclucli reasonable attorneys' fees (appellate or otherwise) resulting ···~{:~~~~~;,, fron1§~~ failure to obtain such waiver. ~~-~:~J~~~;~1-~:" :·5:>:;~:~:~:tJr?r · 10.2 Pr~8t!l;~:s~ coverages must be provided by submitting original certificates of insurai1ce to the City's Risk Manager and Asset Manager respectively. All policies must provide thirty (30) days written notice of cancellation to both the City's Risk Manager and Asset Manager (to be submitted to the addresses set forth in Section 27 hereof). All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and must have a rating of B+:VI or better per A.M. Best's Key Rating Guide, latest edition, and certificates are subject to the approval of the City's Risk Manager. 11 923 11. Property Taxes and Assessments. For the purposes of this Section and other provisions of this Agreement: 11.1 The term "Property Taxes" shall mean (i} real estate taxes, assessments, and special assessments of any kind which may be imposed upon the Demised Premises, and (ii) any expenses incurred by the City in obtaining a reduction of any such taxes or assessments. <",{!)?, 11.2 The term "Property Tax Year" shall mean the p~~hftwelve (12} calendar months, beginning on January 151 of each ye~(~rf~'?? c~~~:i~~WX??JJ§~:$:>:j 11.3 Tenant shall pay, as Additional Rent pur~l1t td~IMPsection 3.2, for such Property Tax Year an amount ("Prop~;y 'fax Pay-;') equal to Tenant's pro-rata share of Property Taxes (~~~y) for such Pr-y Tax Year; said pro-rata share to be determin~.QiJi~Jc~the City based up~~ .. ~ ratio of the Demised Premises to the tax:iifM': If a Prop~rty Tax Yeaf1,~s after the expiration or termination of the'iif~ of tt}j$;~~greement, the)'R'foperty Tax Payment therefore shall be proratell!Q, .· . espond to that portion of such Property Tax Year ocs;~~~}pg within tt-l~:~~~ of this Agreement. The Property Tax Paym~nt shall be~~~5 .. ~~ Tenarit:wed_iately upon receipt of_ notice from the C1ty. A copy of~ ta~;tm{~J or otH~~~K1dence of such taxes 1ssued by the taxing authorities .·~ethe'f·~~ Cit9'$f~mputation of the Property Tax P . . be made~avaii~Je~to:m:~nt once received from the taxing 12. 13. autho · ·· ·.· · bV\~~~iff' Ten~fifi~hall pay any difference in the '''""'''."""C'T·mat$1Iproperty taxes and the actual property taxes , upon ?~eipt of request for said payment from the '>?&;~~k. fC:i:i:Ci.~/:~1::~?>: I: hatt;.m~t 1c1v~''Ui.~. right to assign or sublet the Demised Premises, in whole . written consent of the City Manager, which consent, if .. City Manager's sole and absolute discretion. Such . a m ' · · r of right and the City is not obligated to give such · .. provided herein, the making of any assignment or sublease from any of its obligations under this Agreement. 13 .1 Ten ant shall be solely responsible for the operation, maintenance and repair of the Demised Premises. Tenant shall, at its sole expense and responsibility, maintain the Demised Premises, and all fixtures and appurtenances therein, and shall make all repairs thereto, as and when needed, to preserve them in good working order and condition. Tenant shall be responsible for all interior walls and the interior and exterior of all windows and doors, as well as immediate replacement of any and all plate glass or other glass in the Demised Premises which may become broken, using glass of the same or better quality. 12 924 The City shall be responsible for the maintenance of the roof, the exterior of the Building, the structural electrical and plumbing (other than plumbing surrounding any sink(s) and/or toilet(s), including such sink(s) and toilet(s) fixture(s), within the Demised Premises), the common areas and the chilled water supply system. The City shall maintain and/or repair those items that it is responsible for, so as to keep same in proper working condition. If the City provides a separate air-conditioning unit for the Demised Premises, Tenant agrees and understands that:Jenant shall be solely responsible for the maintenance, repair ~;t:;:replacement of the heating/ventilation/air-conditioning (HVAC) ecu-t~iffant servicing the Demised Premises, at Tenant's sole expense. ,::;?iJW!{~i:~ri:, 4]~i~f~V,: !'';{(~it~t::,~, Tenant further agrees and understan~trat, if the Cf®;,:provides a separate HVAC unit for the Demised Premi.i;the City, at its;~ discretion, may require that Tenant obtain, at aq;sf{~~ during the Term"Mt1bJs Agreement, and continuously maintain in go;it.~~·tanding, ~t,Jenant's exp-Jhroughout '•,./•;l•_,,. ·: ,, ~ ;/,-1._,~:-.~·o_·• the Term of this Agreement, a m'q~nanc~~-(frepair contrac(;~fpproved by the City, with a service company p~~M§tlC':§pproved in writing by the City, providing for the prev~tRtive mainteri~~~md repair of all HVAC equipment servicing the Demisetftj~r~t~$~S. In thei{i:JJlt that the City notifies Tenant that it will require Tef:lpf'·'~i:~Jract fot*ffMjd maintenance and repair services, Tenant shall pfQJ:!Pe tolq;l~t ·' in .g. within ten (1 0) business days, the n~m~§) and tele~on~i~ · .,~ ;,pf S:ervice company(ies) for the City's r~Mi~}::itij~i~:approvat.~.;.~.;~Bant sha it~fo/rovide a copy of a current, enfor~~fe and l\iJJy executtlf:'maintenance and repair contract, no later than;,;#iif'(1 0) busin.~ days aff~:receipt of the City's approval of the service com!Y-t, as prq~{if :-r~nant's ~~pliance with this provision. ''!H:i~~}?~lj,. <:~'l(;·l:lW~~l>:c:::;~~;;~i;~~:(:1')'1f~/~:;;::: ··"·' '<~.\':·'· 13.2 ,;;;,;f:?!:)~Hifk~9il>nage~t~i~)ury of an~Vt(l((f to the Demised Premises, and including ,.fi:;~~~W~~~l,, wltfi~~;~.i.rnita'~·J!s fixtures, glass, appurtenances, and equipment (if any), ,,:tti~~~·y or to tfW:tA;b,uildifi:j~jxtures, glass, appurtenances, and equipment, if any, '<?'f_-i>-~'>,'·, -< '<;f'<p'/.o ~•f/•:/?/c··-,,~27~~~1~~:\ except da~~e ca~~ by the gross negligence and/or willful misconduct of ';~·~t~f~~''" the City, s. be the sole obligation of Tenant, and shall be repaired, '·i'~~{~Bbrstored or t!:~laced promptly by Tenant, at its sole expense and to the ''):QJjsfaction,~~he City . . ,~~tr%~ ,. ..s?J~¥r:t 13.3 All citt~f.Q¥6resaid repairs, restorations and replacements shall be in quality and cr~s equal to or better than the original work or installations and shall be done in good and workmanlike manner. 13.4 If Tenant fails to make such repairs or restorations or replacements, the same may be made by the City, at the expense of Tenant, and all sums spent and expenses incurred by the City shall be collectable by the City and shall be paid by Tenant within three (3) days after submittal of a bill or statement therefore. 13 925 13.5 It shall be Tenant's sole obligation and responsibility to insure that any renovations, repairs and/or improvements made by Tenant to the Demised Premises comply with all applicable building codes and life safety codes of governmental authorities having jurisdiction. 13.6 Tenant Responsibilities for Utilities (not included within Operating Expenses). Tenant is solely responsible for, and shall promptly pay when due all charges for electricity, gas, cable, telephone, internet, jani I garage service and any other utility service provided to the Demised , including, without limitation, all hook-up fees and impact fees, eluded as an Operating Expense (pursuant to Subsection 3.2.1). In addition to other rights and remedico.~thcr,::u the failure of Tenant to pay for Subsection 13.6) when due, t same, whereby Tenant agreestc~nr·om e~~MM:¥t~u to the City, upon r'!:lc-·~·nt.:.mplated in this le'-r.!I1Sc:ret1on, to pay demand. In no event, however, shall the C ·· · , whether to Tenant or to third parties, for an interru~.or failure pply of any utilities or services to the Demised Premis~f~~:~$~~f::?!gtJiJ~;cc;· . · .. · .· . 13.7 TENANT HEREBY A~JSt~iO\NE~~~S DEMISED .e,BiiPJIISES ARS\~EI,.}LEQ§QI AGREES THAT THE EIR PRESENT"AS IS" 14. 15. CON~~S">¥11\i£;~~~ "{,f' Wftj\'" GovernmeGJ'Regulation$~r: •;J:J:::., Tenant cov~l:~ an~,;~•~.Jpfultni{~Qd comply with all statutes, ordinances, rules, orders, regQ:{;~J~ffll:t•ahdr~fi!j~:enrE:mts of any and all governmental bodies, i~~~t~~t ndf}l~Q~fited to Fel:fefaf, State, Miami-Dade County, and City ,y~e·rnmen~•l)d a:n¥i~~pd all of their departments and bureaus applicable to the v$~J~,~mised PreH~~;~• a'~1~all also comply with and fulfill all rules, orders, and ·<~i?:~~.ulations for ttieiefrventl~&of fire, all at Tenant's own expense and responsibility. ~ "··. nt shall pay aM~st, exp-enses, claims, fines, penalties, and damages that may be .... sed becau~iPf the failure of Tenant to comply with this Section, and shall indemif~; •. and hq~f1harmless the City from all liability arising from each non- complia lilli!l~~~~~;.~W'i¥ Liens. Tenant will not permit any mechanics, laborers, or materialman's liens to stand against the Demised Premises or improvements for any labor or materials to Tenant or claimed to have been furnished to Tenant's agents, contractors, or sub-tenants, in connection with work of any character performed or claimed to have performed on said Premises, or improvements by or at the direction or sufferance of the Tenant; provided however, Tenant shall have the right to contest the validity or amount of any such lien or claimed lien. In the event of such contest, Tenant shall give the City reasonable security as may be demanded by the City to insure payment thereof and prevent sale, foreclosure, or forfeiture of the Premises or 14 926 16. 17. 17.1 17.2 18. 18.1 improvements by reasons of such non-payment. Such security need not exceed one and one half (1 %) times the amount of such lien or such claim of lien. Such security shall be posted by Tenant within ten (10) days of written notice from the City, or Tenant may "bond off' the lien according to statutory procedures. Tenant will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Tenant's own expense. Intentionally Omitted. Condemnation. If at any time during the Term of this Ag hereunder) all or any part or portio appropriated, or condemned by then this Agreement shall be te shall thereafter be completely shall thereafter have any Agreement or anything containecf,;0tfltenez,: beyond the date of s~~t}Jaking sha shall pay any and all r~~;~Y!gJtional for which it is liable und~f~'hEFf~~.ofthis Pi.. m:M!P. taking. :;;.;;; ">;:i<:.;, .. .. ;:::?;t(iJ·~~:··· ;:;.[~~'·: . ;::fttf$;::X11i:i:1r~$~r~t*':"·. Except cmL~~r provi~£J:$:ti:lhant sti~df'rfot be entitled to participate in the p~·ds of a~nflward rwe to the City in any such ~minent ~omain pro~amg, excep.tJNQ, howev~1;,Tenant shall have the nght to cla1m and ".'i/ii/o,'Jc, ';Vt,'-:' 'i''!>','i>'o recov.!4rom t~t!~~~QJ;J,9.~mnin~lf*~~uthority, but not from the City, such compen" ... , · . ·:«·:.,.·v'B'~·~-~:S~tely awarded or recoverable by Ten~nt in ,~~~~1;:~!:~~~;;o~~· . t on account10f any and all damage to Tenant's bus1ness ;f~! a· "' : . condemnation and for or on account of any cost or loss . rrf~~Jncur in removing Tenant's furniture and fixtures. 18.1.1 18.1.2 ltVf1$2:£t1PtiCln, any of the following shall constitute an Event of Default :t:met:>:M.u reement: The Base Rent, Additional Rent, or any other amounts as may be due and payable by Tenant under this Agreement, or any installment thereof, is not paid promptly when and where due, and Tenant shall not have cured such failure within five (5) days after receipt of written notice from the City specifying such default; The Demised Premises shall be deserted, abandoned, or vacated; 15 927 18.1.3 18.1.4 18.1.5 18.1.6 18.1.7 18.1.8 18.1.9 19. Tenant shall fail to comply with any material term, provision, condition or covenant contained herein other than the payment of rent and shall not cure such failure within thirty (30) days after the receipt of written notice from the City specifying any such default; or such longer period of time acceptable to the City, at its sole discretion; Receipt of notice of violation from any governmental authority having jurisdiction dealing with a law, code, regulati.~n. ordinance or the like, which remains uncured for a period of:;fllijirty (30) days from its issuance, or such longer period of ti~p>may be acceptable and approved in writing by the City Man.}f~.~his sole discretion; :: .. ;~;@'~~~ .,~~!~hi Any petition is filed by or again~~~~nant und~.:, section or chapter ofthe Bankruptcy Act, asa~ed, which rem· '~ ending for more than sixty (60) days, o~/~j~":•·ath~r proceedings··>·· or hereafter authorized by the laws:~?:Jthe Umted/§.tates or of a·A!i;t~~!ate for the purpose of discharging cif;~ndin~;:Wtime for paymetit of debts; .. x~;{~~{,f)y;;;~~k~~itf'(." Tenant shall b~~rne insolvenff~.·:~}?~ZC <_:~:;~~w~~:;:;{;:~·;{~:k_, ( , ~::.;~~:~~~:~~~j:c- Tenant shall m;~~~f::(~~!~m~ent'f~Ja~tnefit of creditors; ;~~;:~\ .. l;·":.:;:lX.::~lll;··· .;;y~~%~· . is appot~d t!j.l~8:lf'e~w9Y ahy court and shall not be . . in thi~~~~acws th.@reJatfter; or ' ': ,-~ ;~f::~:;:;)!'· ·.· · interest~~}levied on under execution. ~-. '~-~~~~~*~;1., 1·/c·/c</'c·l'•··•·l• ult by Tenant as provided herein, City shall have the .. following, in addition to and not in limitation of, any by law or by this Agreement; this Agreement, in which event Tenant shall immediately UI~I!mt~er the Demised Premises to the City, but if Tenant shall fail to ·;1~i2~!'fJti~i6 the City may, without further notice, and without prejudice to other remedy the City may have for possession or arrearages in rent or damages for breach of contract, enter upon the Demised Premises and expel or remove Tenant and its effects in accordance with law, without being liable for prosecution or any claim for damages therefore, and Tenant agrees to indemnify and hold harmless the City for all loss and damage which the City may suffer by reasons of such Agreement termination, whether through inability to re-let the Demised Premises, or otherwise. 16 928 19.1.2 Declare the entire amount of the Base Rent and Additional Rent which would become due and payable during the remainder of the term of this Agreement to be due and payable immediately, in which event Tenant agrees to pay the same at once, together with all rents therefore due, at the address of the City, as provided in the Notices section of this Agreement; provided, however, that such payment shall not constitute a penalty, forfeiture, or liquidated damage, but shall merely constitute payment in advaQg,e of the rents for the remainder of said term and such pay,~· shall be considered, .~r.?X':·~'},/" construed and taken to be a de~.~~[~vable in bankruptcy or receivership <>~;:'J!Zf/A::~~~):I, .• 0 ,'i:~'i;','f;'/;:J-/"':'."i.~o',(•r:/': .. )~~fjlif!. ''"'f;:~~~*Wii\, 19.1.3 Enter the Demised Premises,,:& fne agenf'ii:ft;:.Jenant, by force if necessary, without being -~to prosecutl31t;gr any claim for ~ J <~' J~ J ),_ ' ;,_ -,_, 'r; f:J: "' damages therefore; remqtf~T'enant's property the~~pm; and re-let the Demised Premises.·~Ql:1:pbrtions the. . .:.eof, for such' ::hh ~ and upon such conditions which th~:'-~dee!lllli~'its sole discret ·.rf, desirable, an~ t? receive the ren~s the~~t~Pa Ten ant sh~ll pay the City any def1c1_ency that~t..~nse by_ r~~ of su~h re-lett1ng,. on demand at any t1me and ~time to t1me at:~tne off1ce of the C1ty; and for the purpose of re-l@lio9~~~~ij~.~ •. ~.ity ma}rt· ·· . ake any repairs, changes, alterations or adCftl~.ns i·n;·~~t~§~)d D~§;ed Premises that may be nec~~§;~J¥. or conv~~ent;.;{ij)::~pijfiJ:J!;.fosfs and expenses therefore fr.~lf:E¥ntst,~ulting ff~~letting;·~:aiilf (iii) Tenant shall pay the City ·~y'deficie·~ as afofuaid. :·· ]i~ j4ey~~· 19.1.4 e pos~Jon.of any ~t$onal property owned by Tenant on said . . .,:;: .. ~~[~,~-~:m~t~.~~fthe same at public or private sale, and 1 ;,;:r:@~~~~~~ff~~?:•rap~l~·e· to the paymsnt of rent due, holding Tenant liable for the /.d:;'i?~t;::·· ···~*o:;:··4t:eflcletf~ 1f any oh1 > :':7 ::•*~~~t;.})'. · .. >; iS:ii~:B,:c. . It ti;:~~pres~1~greed and understood by and between the parties hereft~;fi!hat aiiy"'installments of rent accruing under the provisions of ·s,*~~~i:M~'5 , this AIJement which shall not be paid when due shall be subject to a ''<:~>:"··· late ~rge of Fifty and 00/100 ($50.00), plus interest at the rate of '·k~·,:: ... eiQ~n (18%) percent per annum, or the maximum amount ··<:~1*~~-able under Florida law, whichever is lesser, from the due date of 19.1.6 ~~~~yment until such time as payment is actually received by the City. Any failure on the City's behalf to enforce this Section shall not constitute a waiver of this provision with respect to future accruals of past due rent. If Tenant shall default in making any payment of monies to any person or for any purpose as may be required hereunder, the City may pay such expense but the City shall not be obligated to do so. Tenant, upon the City's paying such expense, shall be obligated to forthwith reimburse the City for the amount thereof. All sums of money 17 929 19.2 19.3 20. payable by Tenant to the City hereunder shall be deemed as rent for use of the Demised Premises and collectable by the City from Tenant as rent, and shall be due from Tenant to the City on the first day of the month following the payment of the expense by the City. 19.1.7 The rights of the City under this Agreement shall be cumulative but not restrictive to those given by law and failure on the part of the City to exercise promptly any rights given hereuaper shall not operate to waive or to forfeit any of the said rights. A~~~1l·i\' . . ,;:~:{~,[ill]~~ .. t . Default by C1ty. .;;:,1:.c%;:;?··cY:;,:·:; .. ""·J!/:f-(• 'l;{if;-$.)'!' The failure of the City to perform any .qJ;!~ftle ~[lants, conditions and -'·,/{."" ""i.f,'i.K'i.f;·~-- agreements of this Agreement which ~~Jobe perfd~ by the City and the continuance of such failure for a p~ ·'";~of thirty (30) day§}":fter notice thereof in writing from Tenant to the Cityr .· . :tch notice shall spe-~tl1e respects in which Ten ant contends that til(~)., ty failed t~hperform any:~~ covenant, conditions and agreements) sh~i~pnstit~~if7 default by the:WCity, unless such default is one which cannot be~~~~hin thirty (30) days because of circumstances beyo . City's conffiW/iifhd the City within such thirty (30) day period shall · .... · .· ced and t~,after shall continue diligently to prosecute all actions · ···· ·· ·. re su~fJJ~faults. : : : . . :;;;*%r~~~; However, i . . . ... wffhin the initial thirty (30) day period ilure ·· rform prevents Tenant from ope · ary manner and causes an undue hardship for rm (regardless of circumstances beyond its .··. I constitute a default by the City. i:rw:;;.,,.~n+ mDIEne City's default shall occur, Tenant, to the fullest extent 1aw.;;.::::SI all have the right to pursue any and all remedies equity, including the right to sue for and collect ing · sonable attorney fees and costs, to terminate this "ded however, that Tenant expressly acknowledges and · recovery by Tenant shall be limited to the amount set forth in ~::mtahis Agreement. 20.1 Tenant shall be liable to the City for all costs and charges, expenses, reasonable attorney's fees, and damages which may be incurred or sustained by the City, by reason of Tenant's breach of any of the provisions of this Agreement. Any sums due the City under the provisions of this item shall constitute a lien against the interest of the Tenant and the Demised Premises and all of Tenant's property situated thereon to the same extent and on the same conditions as delinquent rent would constitute a lien on said premises and property. 18 930 20.2 If Tenant shall at any time be in default hereunder, and if the City shall deem it necessary to engage an attorney to enforce the City's rights and Tenant's obligations hereunder, Tenant will reimburse the City for the reasonable expenses incurred thereby, including, but not limited to, court costs and reasonable attorney's fees, whether suit be brought or not and if suit be brought, then Tenant shall be liable for expenses incurred at both the trial and appellate levels. · 21. Indemnification Against Claims. jlfJI'jf~'V::v Tenant shall indemnify and save the City ~prnles '.,~i,;Jn and against any and all claims or causes of action (whet ·~;i~rbundless~7~::.· :ptherwise) by or on 21.1 21.1.1 21.1.2 behalf of any person, firm, or cor ·· . ··on, for perso · '')Jjury or property damage occurring upon the D~~~· Premises or upon·:c-.. other land or other facility or appurtenancj~6iilsed in cggnection witfli~:f:~ Demised Premises, occasioned in whole''CiffJiapart 9~l·PY of the followff\9': • ?") ~,~;:.~I~~i~5::; ~,,; ±~: f~~:t~~~(J~~:<:···' An act or omi&$i~D on the pa·n:~~~~ll"enant, or any employee, agent, contractor, inV~~~Q1il~tst, assig·~~«§ub-tenant or subcontractor of Tenant; ·:x~~~>·":·a;&:fg~~,1~~;~i:<:q;:~''f' , .... ,.,~f~~~f~~;> Any mi~y$e. negler~i;Or y~}l~~of;the Demised Premises by ;/,I <,",''i/}',li0:?>'-'-1'-'.l • {,'","'.-/ ~-'?\ ,'.:. ~):.; · .}.,•,~•.•/:c-1,;;•\: T~ttt;':et:t~Y empl~~jlgent, contiactor, invitee, guest, assignee, ,;:;_,_., _·,.-, 'J"''.!''r' •'~··l,,"i~":-,,, ~i:tenanr~$ubconf~tor of Tenant; v:f~$tf .~f~:~:l ;f1~~il2; 21.1.3 . '"5;l·~Y brea.~~y!Q).f!tion, o~~ipon-performance of any undertaking of ., •. :rz. ··~i.t~r,~~.,~,., .. , -r~,~rc~-~~WiJht; ,i~mtz. : ~=;~itie;~;?;;i.i:'t~lth'i~?~~rowing out ~f the use or occupancy of the Demised 4ff~f:m:§r P~fnises=ti;lenant or anyone holding or claiming to hold through or ·-~:r~;fu:, un<i~f;rJ:his A~ment. ''rt~~!}Mi~~;,. ,~~~*t ''%':i 21.2 -r{:i:r~l~;i(enant agreRto pay all damages to the Demised Premises and/or other i'':~_lities us~qj~fh connection therewith, caused by Tenant or any employee, a~mt~. cqf)f~Ctor, guest, or invitee of Tenant. . rr;%I$;%i~ffiJf:'. 22. Signs and A~rtising. Without the prior written consent of the City Manager, which consent, if given at all, shall be at the City Manager's sole and absolute discretion, Tenant shall not permit the painting and display of any signs, plaques, lettering or advertising material of any kind on or near the Demised Premises. All additional signage shall comply with signage standards established by the City and comply with all applicable building codes, and any other municipal, County, State and Federal laws. 23. Effect of Conveyance. The term "City" and/or "Landlord" as used in the Agreement means only the owner 19 931 for the time being of the land and building containing the Demised Premises, so that in the event of any sale of said land and building, or in the event of a lease of said building, the City shall be and hereby is entirely freed and relieved of all covenants and obligations of the City hereunder, and it shall be deemed and construed without further agreement between the parties, or between the parties and the purchaser at such sale, or the lease of this building, that the purchaser or Tenant has assumed and agreed to carry out all covenants and obligations of the City hereunder. 24. Damage to the Demised Premises. 24.1 If the Demised Premises shall be damage , , lements or other casualty not due to Tenant's negligence, or by '·. ... ut · . /,not thereby rendered untenantable, as determined by the ~.Manager,''·lfl'fbj~ sole discretion, in whole or in part, and such damage,!§::~t:ered by the c·it!lt;;jnsurance, if any, (hereinafter referred to as "suci:){;~-urrence"), the CitY:;~~!I, as soon as possible after such occurrence~~~ze the ins~f·~nce proceeCJ{i~tcause such damage to be repaired and the R~t (Bas!irJi,fit and Additiori'af'Rent) shall not be abated. If by reason of such"~,vf~~. the Demised Premises shall be rendered untenan~l~. as determU:jfi}'by the City Manager, in his sole discretion, only in parf~~~i~¥,shall as ~llQrh.;:tS possible utilize the insurance proceeds to cause the d~a~~J~.~ repaif~~;~nd the Rent meanwhile shall be abated proportionaf~~ as · td5f:.' t;F:R?rtidlt~f:~f the Demised Premises rendered Ul}~f;la(ltable; p~ie,j.de . . ~t~tQpt ffle City shall promptly obtain a good f~li1¥:'f~~te of th~W'~~quired'1tiftremder the Demised Premises tenantf:~and if~~ time Ejffeds sixty (60) days, either party shall have the .• on of canc~fil this A~ment. • :!::;w?i~~· j~~~rra:: :. . . -~:;~0:;:, 24.2 If the D~Qf~~-~~1"!1! ·~~hdered wholly untenantable by reason of ,;;f;;J?M~-~R.ccu·rr~:· the City§fl: ·ave the option, but not the obligation, in its "z0Wf:~f:"'' sor~::.retion\\to.utilize the insurance proceeds to cause such damage to be .;d;i~~*$~1r· repairEfit(lm~ tt1·~1,~~,~t meanwhile shall be abated. However, the City shall :~~4$;~(. have the ttgl;lt, to oS;~~rcised by notice in writing delivered to Tenant within '.~"/? . .i·T'-:, -<•./_;:/; ·, .•. (·''1-' ·:rir~~~i':<:·· sixty (60) da~~f~om and a~er said o~currence, to elec~ not to reconstruct the ··~g¥~~~estroyed D:~1sed Prem1ses, and 1n such event, th1s Agreement and the "'rt::c,, ncy her~ created shall cease as of the date of said occurrence, the . '~Jo bii'~justed as of such date. If the Demised Premises shall be P·y,r!J?!.-\, ', ~''c:~"i/".!. renCf'ttl~olly untenantable, Tenant shall have the right, to be exercised by notice'ifwriting, delivered to the City within thirty (30) days from and after said occurrence, to elect to terminate this Agreement, the Rent to be adjusted accordingly. Notwithstanding any clause contained in this Section 24, if the damage is not covered by the City's insurance, then the City shall have no obligation to repair the damage, but the City shall advise Tenant in writing within thirty (30) days of the occurrence giving rise to the damage and of its decision not to repair, and the Tenant may, at any time thereafter, elect to terminate this Agreement, and the Rent shall be adjusted accordingly. 20 932 25. Quiet Enjoyment. Tenant shall enjoy quiet enjoyment of the Demised Premises and shall not be evicted or disturbed in possession of the Demised Premises so long as Tenant complies with the terms of this Agreement. 26. Waiver. 26.1 26.2 26.3 27. It is mutually covenanted and agreed by and betw~ the parties hereto that the failure of the City to insist upon the strict .... ?•····~> ·. rmance of any of the conditions, covenants, terms or provisions of ... · /: · reement, or to exercise any option herein conferred, will not be corJ.:~:·:';? •. .. ..pr construed as a waiver or relinquishment for the future of any ~~condftl~J1S, covenants, terms, provisions or options but the same sh~M;:Fo'~tinue an:d'it~ain in full force and effect. x~£~ff~f1JF' ···•i?:~&if~il;;i, A wai~er of any term exp~esse€(ilffein shall ~;9:tb.e implied ·5~~>' neg.lect of the Crty to declare a forferture on·~punt qf~~~\lrolatron of sucftlerm rf such violation by continued or repeate<:J:ttiJJ? .• ~ntly and any express waiver shall not affect any teJ;~·,gJher than thgf .. specified in such waiver and that one only for the time ·~~piU~t~£!1~. manner'.,pifically stated. _,~~;~~~~:~. "·~~~;~~<~;;~:::~,>-~:~-,'-: '\:(~;~It;-:;.~. The receipt of any surNf{~id ··t);y:%;11t~~.Qt t~;;~., City after breach of any cond~tion, 9~~-P.~nt, term o~~roy:~~~tt-?£oiitai.ned shall not be deemed a warver,,~f:ii~t:r~-{Cach, b~f"§ti~ff· be takS'ftt'COnsrdered and construed as paym~fbr use ·~~ •• occupatjib, and not as Rent, unless such breach be exp~fy waived i~ffriting by"~ City. Notices. 'Ciilf~~~kt: ,;;f~-:\(~J;:f,~<l;p.,:~:lt~~ Tl}~~(~l;§ .• ~s fdf.i,~!~5tices requlfMiu'nder this Agreement shall be as follows, or ~<:§rich ot~~dre~~;~§ either party shall be in writing, notify the other: ·i¥~~~171 .. ~~::ii~~~·t ... . . .. ,.,{;~~~r~·~(~ .. ·.· ., H LANDLOAil. ~··I~·· City Manager City of Miami Beach ijt~\,,, ;!,, .. ' ~-~, TENANT: 1700 Convention Center Drive Miami Beach, Florida 33139 Director Office of Real Estate City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Damian J. Gallo, President Damian J. Gallo & Associates, Inc. 1701 Meridian Avenue, Unit 4 Miami Beach, Florida 33139 21 933 28. 29. 30. 31. 32. All notices shall be hand delivered and a receipt requested, or by certified mail with Return receipt requested, and shall be effective upon receipt. Entire and Binding Agreement. This Agreement contains all of the agreements between the parties hereto, and it may not be modified in any manner other than by agreement in writing signed by all the parties hereto or their successors in interest. The terms, covenants and conditions contained herein shall inure to the benefit of an!;t 1be binding upon the City and Tenant and their respective successors and a.s. except as may be otherwise expressly provided in this Agreement. ~':f1:~i:Jt~~i~" .c7~~~}~~J~Y:l!~¥fb:, .. Provisions Severable .i·:~;t<;::Y .. ,,,~,,;:~'··· .:___:_:~::..:...:...:..;..:...-=.;::..:...=:...=.:;:=· ~:~::?{t:t1?~ '\;~1:5~~})/,-~ If any term or provision of this Agreement or :t!Jt>iiPPiicatiori''~~of to any person or circumstance shall, to any extent, be invaljgl~ilnenforceable·:~remainder of this Agreement, or the application of such ty_rmioFprovision to personS'~;pircumstances other than those as to which it is held iifyi(ld or unenffi?rceable, sha·rr~~.be affected thereby and each term and provisiori';~::r.:!his A,a£{;fnent shall be'(~ilid and be enforced to the fullest extent permitted bY'lM;.1;t,:$~~f!X~>·~ Captions. ·~~fli}ltl.~~~~·~,:·oc, T;;;~~)~~;~ih. The captions contained hereiri{~~':ffit~~J;onven'IE:Ji~ and reference only and shall not be deemed a part of this Ag~mertt;~~H~tru~~f:~ in any manner limiting or amplifying the te. ·• .. provisiO:~. of.Mil~;~g:r~~nflo which they relate . . · .. · .. •.. . \1:ti):~~:~l:~·~f);' ! "••::i:~!:fJ%'' !....!..=~~.=.:..:~'~·~~l.§':.!..:. ngula~;Airober shall include the plural and the plural . e use··~;one gender shall include all genders . •. j/'ji•,/'ii'/'•·····~·,;;•.:,•;,;,;, /.·:'··. ·.;~::,:'-'. ,into this Agreement only if in so doing the City can place a · any cause of action for money damages due to an :.tf, .• ~)t.his Agreement, so that its liability for any such breach m en Thousand ($10,000.00) Dollars. Tenant hereby ln!lrtel:;s to enter into this Agreement with Tenant's recovery from aJ'llJSQie action for breach of contract to be limited to a maximum u ..... ,...,.,,1.i]"'· Accordingly, and notwithstanding any other term or condition grE:ifmlitllf;' enant hereby agrees that the City shall not be liable to Tenant for damage i · · ·amount in excess of$1 0,000.00 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 Section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Florida Statutes, Section 768.28. 33. Surrender of the Demised Premises. Tenant shall, on or before the last day of the Term herein demised, or the sooner termination thereof, peaceably and quietly leave, surrender and yield upon to the City the Demised Premises, together with any and all equipment, fixtures, 22 934 34. 35. 36. 37. furnishings, appliances or other personal property, if any, located at or on the Demised Premises and used by Tenant in the maintenance, management or operation of the Demised Premises, excluding any trade fixtures or personal property, if any, which can be removed without material injury to the Demised Premises, free of all liens, claims and encumbrances and rights of others or broom- clean, together with all structural changes, alterations, additions, and improvements which may have been made upon the Demised Premises, in good order, condition and repair, reasonable wear and tear excepted, ·ect, however, to the subsequent provisions of this Section. Any property to the provisions of this Section is removable by Tenant on or at 1sed Premises upon the termination of this Agreement and is not so at the option of the City, be deemed abandoned by Tenant, and either. by the City as its property or may be removed and disposed O.lff~ sole . the Tenant in such manner as the City may see fit. If the De~~/Premises an . . . nal property, if any, be not surrendered at the end oftg~J~efm as provided in on, Tenant shall make good the City all damages:~h the City:~hall suffer .. n thereof, and shall indemnify and hold harmlesS!lJoo City.Mtnst all claims · e by any succeeding tenant or purchaser, so far as··~~.~~ is occasioned by the failure of Tenant to surrender the Derp;~.d Premises 1~~hd when herein required. Time is ofthe Essence. "'~w~:;$i\*{!i!i:%k ""'1/'\~!J•. Time is of t~e essence in everj;~rticul~~~J?arti&tj~ly where the obligation to pay money IS involv::ld ·WF•·:· ·YI·>·J··.s:'.,,·::c:v~"1··". ·,. Venue: 4/J~f&"'if'i;T'\,, '·~i~~ji"' "'<%1,,• This Agree,n~t shall be *med to fi:Me been made and shall be construed and '"'/!(/tN't, '<"/?-';'-'," ,'-<Fci'~ interpreted iff:J'$cordan~i~itbthe laws1i-the State of Florida. This Agreement shall be enf9rceabi€~~':Mi~~·!ltMJ.~rida, and if legal action is necessary by ei~f;.~!\with ~~t to the e'nf'orcefnent of any and all the terms or conditions .. mJitn','''e~M.e v~~ for the enforcement of same shall lie in Miami-Dade ounty Floricfa::t:;;;,. ~:;:~<'i~B, , '·~:~:;;~:;:~~:-, '·.y· ~:~::~!;')\, ' <· '(,5?<--· ·. . .. AND TENAMit{HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGi:J.,JO TRIAL SJ;JURY IN ANY ACTION OR PROCEEDING THAT THE CITY AND"TtN~'NT MAI:f~EREIN AFTER INSTITUTE AGAINST EACH OTHER WITH RESPEO'tfJj:;::IO.,:;-~ MATTER ARISING OUT OF OR RELATED TO THIS ,;n:";fj/ff,, ,/ti/-i'',·.'Ji-Y AGREEMENYF?';:;)>,<" iyif!J/:!!p Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of Radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding Radon and Radon testing may be obtained from your County Public Health Unit. No Dangerous Materials. Ten ant agrees not to use or permit in the Demised Premises the storage and/or use of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered 23 935 electricity producing generators, turpentine, benzene, naphtha, propane, natural gas, or other similar substances, combustible materials, or explosives of any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. Any such substances or materials found within the Demised Premises shall be immediately removed. Tenant shall indemnify and hold the City harmless from any loss, damage, cost, or expense of the City, including, without limitation, rea~gnable attorney's fees, incurred as a result of, arising from, or connected withJ!liiJtacement by Tenant of any "hazardous substance" or "petroleum products.;;?:k8!>;in or upon the Demised Premises as those terms are defined by applicagtfJ.~ral and State Statute, or any environmental rules and environmental regjfiftionS''~~tqmulgated thereunder. The provisions of this Section 37 shall surviv~;~Qlferminati~Qrearlierexpiration of th. Ag t ~~~)~:{;~i:;:~:r·' (·::~~H:~~;;:;"t IS reemen . ,;;:i,f~2\i;;;: ·i?:~%~~;,1 , ,::if!tW!l' ,, '::;r;t' ... REMAINDER OF PAGE INTE:~]:~PNAL4~f~EFT BLANK ~~~,4<~7~%, 24 936 IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their seals to be affixed, all as of the day and year first above written, indicating their agreement. Attest: CITY OF MIAMI BEACH, FLORIDA Print Name: ----------------------- Print Name: ------------------------Attest: CORPORATE SEAL (affix seal here) T:\AGENDA\2013\September 11 \Damian Gallo\Damian J Gallo Lease Agreement DRAFT (9-3-13).doc 25 937 EXHIBIT 1 Demised Premises UNIT3 UNIT2 AREA UNIT 1= 1,326.78 S/F w:=::::::::-J AREA UNIT 2= 1,802.89 S/F It:;··::··: .. :=::!! AREA UNIT 3=o 1,290.59 S/F h:.:;::;;·•:::;;:;;:::::~ AREA UNIT 4= 1,268.87-S/F 11:-·-;::::·•· .. ::::;;:zJ i "' 1 .. f:;:j w 0:: f- "' .<::: r'C ----·- 0 U)O 200 SCili FttT SUR\IEYDR'5 NO~ DITAILS Of" IH~OAS WN...Ls WER( 8ASED IH CRfQNAL ~,._WINIJS N10 !fEST INrDRMAliON oBTAIN mot.t FElD 53.1R\£Y First Floor Plan 1701 MERIDIAN BUILDING CONDOMINIUM Page 4 of9 Exhibit "B" 26 938 Soups OUR IJU.0S m MADi' N!iH THE FERE)Hf) i!VGR:O!ENT\ USI!IG L~'CAL f4R~~[PS, ORGA'/1[ BE ~N5 i VECEWi.H AND FREE OF PES:E510ES French Ril'lm Beach caramelize anion soup 00 Neulr3ii[Cd bale. with :artli€li1f 'l1da1ra omens. The oriental blac~ bean soup 4.00 31ac~ beans B~d 3 :cue~. d Cuoan seasoned. Colndy neam of tomato soup 4.00 Twice Med potato soup 4 CO )a[ads CP.IIN COU5li NASH W.AD) WITH OPGANiC TOMATO[) AND FW Ill Chicken Floribbean style 6.W BaGy Romains, crouto~s.avo:ados Cae:ar. S~uth Beach Sunrise Bnii's and Tomatoes m;x le~tuce Fr~ncn dressing and slic~d 3irrJnd:. 6.00 Ocean Drive mfood salad 7.0) 5aby snwr:•, scallops to~~ed 'l~th ror1aine ettuce HJ: c:essing EXHIBIT 7.1 Menu Ughting Paninis PAHINIS A.Rf ~MOE WH FRESH LOW BREADl MkEDDAi~l MID V£,~(FA\i j£,~1/fD TO YOU. A!l incl~de owr Jo:'s cvowdo air (ries •·· Chicken tender~ and Tomato chutney Gnlled cllickerl With adoh'l and l~t:uct and tomdto svead S€rvl:'d our fre~ch ta~~:ett~l. Cuban twist 11.00 5erranoHam, slowso11 v:de JUII pork, fried picKles, frer.ci1 mustard, \wis1 cnesses Chicken Poblano IO.OCr Grilled chic•.en ip€cia! 1p1ee \W '1.1tt: romai~f letuce 1.~d ronawes, Ch1nuatua chesSEs Flat tm.j Italian de Parma 1LOC Cris:Jy prosc:;ttu ci P3rma. provJ!on~, sun· d1 :ed plum to mao, ~est~ ettuce, Jl1ve: focaccia bread BBQ pull pork So us Vide ID.OO Slow o~er ni1,ht (•1C•hn~ w! with Du soLlh siDUt BBQ saucf sharp chpaM cn~ES€. Low·Fat smoothies FRESh FRUiT~ AND VEGETABLE~ iMOOT:i!£5 AND )UPfR 6UITf,q),'·iCCi. iNO~~GENT TOOl Sunshine Early birds 1.00 NOS oxide Energy 1.00 Cilrus Kcmt.dra. G11r~er. comnut, kale llihnana Mama 27 939 1.00 Meltin~ Pot FRfJH G R!l~ED SAI110WlCH iO 5~ TilF'IED YOUf TR,luJT!ONS ,'\1 CUR Ch'O!Cf OF f,qfjH CRGAMIC BREADi AliD CPO/)lANTS Rub€-n up I le~n Corn Dee f. barr€! Kraut, Swisi. Russiarr c:·es1in~ .PumpernicKe 1 bread Veget.Jrian vegan Black moon 8.00 ~rilled Partobell J. zucchini, on'ons lelliJ:e tomato, romaire and cnipotle jresiing i!at b·eac Permitdoctor C~ic~en dub ~ Wl1a: the Docto: order, Uiicken, berries, rale, and low fat cr,ee:.e 1n our Nhole •:;heet b'eac, no c I dressin~ s~uma Una media Noche Croissant 9xed ham, rc·as: pOl'., Swi1s cheese ficHes, WIE"t Cuban brcctd all san&11icn served 'i<'il" arr rries ar:o Jcr's avocad:J 'ri es •· Coffee and more 9~r Costa Rica, Hiwduras blends You said Cooffe Cafe OJ blend served with cane suw Coffee frappe ).OJ 4.00 Dcub!: iuel str~~!t11 ~oifet, cnilled, f:avored 'lliln :vanilla, nazdnuts, wh1~pea crr.a1a 1. Indulgent Chai Tea 'lanil!a, gm~fr. cinllan:.Jr,, ciC'Ies and cardar:wm HQ I --..,-------- 1 I I I I I I I I CJ I I I . ' I I I D D EXHIBIT 8.4 Tenant Improvements 28 940 EXHIBIT 8.4.1 CONTRACTOR'S INSURANCE REQUIREMENTS Worker's compensation insurance covering all employees of the Contractors (as required by the laws of the State of Florida) and employer's liability insurance of not less than One Million Dollars($ 1 ,000,000) per occurrence. Comprehensive general liability insurance in an amoulft11lif'n(Jt less than One Million Dollars ($1,000,000) per occurrence and Two Milli ($2,000,000) annual aggregate covering personal injury and property dam shall include, but not be limited to, the following: ,·f~g~f~~~­ Bianket contractual liability .fance covering £/_·~·.-.)·: ~:;:/" harmless agreements. j:i/;l;iiW' ;}~~~~1:y~:j:/~ ,, ii. Protective liability insur'~ for th~:c(.ration of th Contractors. D ';'~t~{~r~;~~~ii~ff~~~f:~~' iii. xcu coveragtJlt~!osion, ca~~ or damage to underground property). l<~~~;z~~f~J:~~~~~~i~;:i~.?:~~. . . ·~r~f~~~l~t~,;· .. iv. Products and cd~~~,leted'::;.·~t~e,ns·IJ;,~ two (2) year extension ~~.~-~~~lletion:,~~~r /'r:£;:·~t%;~~::? · i. ependent Corn,e .,. nsive a ·.mobile ~'t.wance in an amount of not less than Two Million Dollars ($Zi/' :. ,000) co . ed singf~Ktirnit for bodily injury and property damage covering all ownec/;1ri:m-own ·;.i::Alre.d vehias, trailers or semi-trailers, including any machinery . araf~· 'th~~~~~J~~t~2r~,··~z:Y 3. '4fs.I!Qdard "All Risk" or equivalent coverage) in an amount not ... ......... ,~~p... sfr~n, written on a completed value basis or a reporting age'''frotecting BGCM-D, City, and BGCM-D's General em:~;enole of not more than Fifty Thousand Dollars ($50,000), r ....... ,.,.. .. ",._·.,. · inflation (except as to flood and windstorm, with regard to ... ·11 be a commercially reasonable amount). 4. Payment and . rmance bond guaranteeing the performance of the general contractor, for the value of the work to be performed. 29 941 Attachment 4 942 Damian J. Gallo & Associates, Inc. Concession Agreement 943 CONCESSION AGREEMENT BETWEEN CITY OF MIAMI BEACH AND DAMIAN J. GALLO & ASSOCIATES, INC. FOR MANAGEMENT AND OPERATION OFA FOOD & BEVERAGE CONCESSION IN THE OUTDOOR SPACE ADJACENT TO 1701 MERIDIAN AVENUE, UNIT 4 THIS AGREEMENT made the day of , 2013, between the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida (hereinafter called "City"), having its principal address at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and DAMIAN J. GALLO & ASSOCIATES, INC., a Florida corporation, having its principal place of business at 1701 Meridian Avenue, Unit 4, Miami Beach, Florida, 33139 (hereinafter called "Concessionaire"). WITNESSETH WHEREAS, on September 11, 2013, the Mayor and the City Commission adopted Resolution No. 2013-, approving that certain Lease Agreement dated _______ , 2013 (the "Lease Agreement") between the City and Damian J. Gallo & Associates, Inc. for approximately 1,269 square feet of ground floor retail space in the City- owned building located at 1701 Meridian Avenue, Unit 4, Miami Beach, Florida (the "Leased Premises"); and WHEREAS, the Lease Agreement is for an initial term of three (3) years, commencing on October 1, 2013, and ending on September 30, 2016, with two (2) additional renewal terms for two (2) years each; and WHEREAS, the Leased Premises are used as an office and as a cafe and include a side door that opens out to an outdoor area immediately to the east of the Leased Premises, but the Leased Premises do not include the outdoor space; and WHEREAS, Damian J. Gallo & Associates, Inc. has requested use of the outdoor space, which is adjacent to the Leased Premises, to place seven (7) tables, twenty six (26) chairs and five (5) umbrellas, for the purpose of providing an outdoor seating area for patrons of the cafe; and WHEREAS, at the July 25, 2013 Finance and Citywide Projects Committee meeting, the Committee recommended entering into a concession agreement with Damian J. Gallo & Associates, Inc. for use of the outdoor space. WHEREAS, accordingly, the City and Concessionaire have negotiated the following Concession Agreement. NOW THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby conclusively acknowledged, it is agreed by the parties hereto as follows: 2 944 The City hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the City, the right to maintain, manage and operate a food and beverage concession within the Concession Area (as hereinafter defined), in accordance with the purpose(s) and for the term(s) stated herein, and subject to all the terms and conditions herein contained. SECTION 1. TERM. 1. 1 This Agreement shall commence on the 1st day of October. 2013 (the "Commencement Date,.}, and terminate on the 30 1n day of September. 2016 (the "Term"). For purposes of this Agreement, a "contract year" shall be defined as that certain period commencing on the 1st day of October, and ending on the 30th day of September. Provided Concessionaire is in good standing and free from default(s) under Section 13 hereof, and upon written notice from Concessionaire, which notice shall be submitted to the City Manager no earlier than one hundred twenty (120) days, but in any case no later than sixty (60) days prior to the expiration of the initial Term, this Agreement may be extended for two (2) additional two (2) year renewal terms. Any extension, if approved, shall be memorialized in writing and signed by the parties hereto (with the City hereby designating the City Manager as the individual authorized to execute such extensions on its behalf). In the event that the City Manager determines, in his sole discretion, not to extend or renew this Agreement (upon expiration of the initial term or any renewal term), the City Manager shall notify Concessionaire of same in writing, which notice shall be provided to Concessionaire within fifteen (15) business days of the City Manager's receipt of Concessionaire's written notice. It is the intent of the parties hereto that, unless otherwise terminated pursuant to the provisions of this Agreement, the Term of this Agreement is intended to run concurrent with the term, including any extensions thereof, of that certain Lease Agreement by and between the City of Miami Beach and Damian J. Gallo & Associates, Inc., dated , 2013 (hereinafter, the "Lease Agreement"). If, at any time during the Term of this Agreement, the Lease Agreement is terminated or otherwise ceases to be of any legal force and effect, for whatever reason whatsoever, then this Concession Agreement shall automatically terminate, and shall be null and void and of no further force and effect. The City shall each have the right to terminate this Agreement for any reason whatsoever upon providing thirty (30) days written notice to the other party. Notwithstanding anything to the contrary contained herein, in the event the 3 945 ----------------------------------------------------- Lease Agreement is terminated for any reason whatsoever, this Agreement shall also be terminated effective immediately. SECTION 2. CONCESSION AREA. The City hereby grants to Concessionaire the right, during the Term herein, to maintain, manage and operate an outdoor seating area in the following Concession Area: 2.1 Concession Area: 507 square feet of outdoor space adjacent to and east of 1701 Meridian Avenue, Unit4, Miami Beach, Florida (a/kla 775 17'h Street); which outdoor space is further delineated in "Exhibit 2.1" (the Concession Area"), attached hereto and incorporated herein. Concessionaire shall have the right to place seven (7) tables, twenty six (26) chairs and five (5) umbrellas within the Concession Area, subject to approval of a site plan by the City, and compliance with applicable ADA requirements. The proposed site plan is also delineated in Exhibit 2.1. No material change in the proposed site plan (or in Exhibit 2.1) shall be permitted without prior written consent of the City Manager or her designee, which consent (if given at all) shall be at the City Manager's (or his designee's) sole and reasonable judgment and discretion. 2 .2 Concessionaire hereby agrees and acknowledges that the Concession Area shall be open and available to all members of the general public choosing to enjoy Concessionaire's food and beverage services. SECTION 3. USE(S). 3.1 The Concession Area shall be used by the Concessionaire solely as an outdoor seating area for the patrons and guests of the Leased Premises. The outdoor cafe shall have minimum days and hours of operation from Monday through Friday commencing on 9:00AM, and ending no later than 9:00PM. Any change in the hours of operation including, without limitation, any request by Concessionaire for an increase or decrease in same, shall be subject to the prior written approval of the City Manager (or his designee), which approval, if granted at all, shall be at the City Manager's (or his designee's) soJe option and discretion. Notwithstanding the preceding hours of operation, the Concession Area shall only be open when the Leased Premises are open for business (and, conversely, shall be closed when the Leased Premises is closed). 3.2 Concessionaire and the tenant of the Leased Premises shall at all times throughout the Term of this Agreement be one and the same and cannot exist independently of each other. Concessionaire acknowledges and agrees that its use of the Concession Area shall be, and remain at all times throughout the Term, an ancillary use to the Leased Premises. The number of seating on the Concession Area shall be included in the overall seating count of the Leased Premises. There shall be no bar counter of any kind as part of the Concession Area and all food served shall be 4 946 prepared within the interior kitchen of the Leased Premises. There shall be no alcoholic beverages permitted on the Concession Area. All tables and chairs will be removed and stored each night at close of business. Any exception to this requirement shall be at the sole and absolute discretion of the City Manager or his designee. Concessionaire shall further maintain the Concession Area and abide by the conditions set forth in "Exhibit 3.2" (the "Additional Requirements"), attached hereto and incorporated herein. 3.3 Concessionaire hereby warrants and represents that Concessionaire is the owner of the restaurant at the Leased Premises and shall, throughout the Term of the Lease Agreement, remain as the owner of said restaurant, unless any change in ownership is approved by the City Manager, in writing, prior to such change taking place. Change of ownership for purposes hereof shall include, without limitation, a sale, exchange, assignment, transfer or other disposition by tenant of all or a portion of tenant's interest in the restaurant, whether by operation of law or otherwise. 3.4 Concessionaire agrees not to place any speakers, or any other device used to amplify sound, on or around the Concession Area. Concessionaire further agrees to not attach any televisions, speakers, or any other device used to amplify sound, to the exterior of the Leased Premises. Furthermore, Concessionaire shall in no manner use the Concession Area, or Concessionaire's restaurant at the Leased Premises, as an outdoor entertainment or open air entertainment establishment, and hereby acknowledges that such uses are prohibited (whether as main or accessory uses). 3.5 ·· Concessionaire shall be permitted to apply to the City of Miami Beach for one (1) special event permit for the sole and express purpose of hosting an opening event for the restaurant. At no time thereafter, throughout the remaining term of the Lease, shall the Concessionaire be permitted to submit an application for a special event to be held on the Concession Area. 3.6 It is understood and agreed that the Concession Area shall be used by the Concessionaire during the term of this Agreement only for the uses contemplated herein, and for no other purpose or use whatsoever. Concessionaire will not make or perm it any use of the Concession Area that, directly or indirectly, is forbidden by public law, ordinance or government regulation, or that may be dangerous to life, limb or property. Concessionaire may not commit waste on the Concession Area, use the Concession Area for any illegal purpose, or commit a nuisance on the Concession Area. In the event that the Concessionaire uses the Concession Area for any purpose not expressly permitted herein, then the City may declare this Agreement in default pursuant to Section 13, or without notice to Concessionaire, restrain such improper use by injunction or other legal action. 3. 7 Notwithstanding anything to the contrary contained herein, in the event of a breach by Concessionaire of any conditions in this Section 3, the 5 947 City Manager, in his sole determination and judgment, shall have the right to automatically terminate this Agreement, without any liability to the City; said termination effective upon three (3) days written notice to Concessionaire. By executing this Agreement, Concessionaire hereby agrees to this condition, and further voluntarily and knowingly waives and releases any and all rights now or hereinafter conferred upon Concessionaire pursuant to Florida Statutes including, without limitation, the procedures set forth in Chapter 83, Florida Statutes' for removal in nonresidential tenancies; the Miami-Dade; and the Miami Beach Code (respectively); to the extent this and applicable law(s) would have the effect of limiting or modifying the City's rights to terminate this Agreement pursuant to this Subsection. 3.8 Concessionaire shall obtain, at its sole expense and responsibility, any business tax receipts required by the City for the proposed use(s) contemplated herein. SECTION 4. CONCESSION FEES. 4.1 Concession Fee. In consideration of the City's granting of the rights provided in this Agreement, the Concessionaire shall pay to the City a Concession Fee of Ten Thousand One Hundred Fortvand 00/100 Dollars ($10.140.00), payable in monthly instalfments of Ei~ht Hundred Forty Five and 00/100 Dollars ($845.00); payabte on the 19 day of every month of each contract year during the Term. The first payment shall be due on _______ _ The Concession Fee amount pursuant to this Section 4.1 shall be increased annually throughout the Term, including any renewal terms, commencing on the anniversary of the Commencement Date of this Agreement, and each anniversary Commencement Date thereafter, in increments of three (3%) percent per year. 4.2 Intentionally Omitted 4.3 Interest for Late Payment. Any payment which Concessionaire is required to make to the City which is not paid on or before the respective date provided for in this Agreement shall be subject to a late charge of Fifty and 00/100 ($50.00), plus interest at the rate of eighteen (18%) percent per annum, or the maximum amount allowable under Florida law, whichever is lesser, from the due date of payment until such time as payment is actually received by the City. 4.4 Sales and Use Tax. It is also understood that the required Florida State Sales and Use Tax shall be added to Concessionaire's payments and forwarded to the City as part of said payments. It is the City's intent that it is to receive all payments due from Concessionaire as net of such Florida State Sales and Use Tax. 6 948 SECTION 5. Intentionally Omitted SECTION 6. Intentionally Omitted SECTION 7. TAXES, ASSESSMENTS, AND UTILITIES. Concessionaire agrees and shall pay, before delinquency, alltaxes and assessments of any kind (including, without limitation, ad valorem taxes, if assessed, and/or Resort Taxes) levied or assessed upon Concessionaire and/or the Concession Area including, without limitation, any such taxes and/or assessments that may be levied and/or assessed against Concessionaire and/or the Concession Area by reason of this Agreement, or by reason of the business or other operations and/or activities of Concessionaire upon or in connection with the Concession Area. Concessionaire will have the right, at its own expense, to contest the amount or validity, in whole or in part, of any tax and/or assessment by appropriate proceedings, which Concessionaire shall conduct diligently and continuously, in good faith. Concessionaire may refrain from paying a tax to the extent it is contesting the imposition of same in a manner that is in accordance with law; provided, however, if, as a result of such contest, additional delinquency charges become due, Concessionaire shall be responsible for such delinquency charges, in addition to payment of the contested tax (if so ordered). Concessionaire shall be solely responsible for and shall promptly pay when due all charges for utility service(s) provided to the Concession Area (including all hook-up fees and impact fees) for gas, electricity, water, sewer, cable, telephone, trash collection, etc., if applicable. In addition to other rights and remedies hereinafter reserved to the City, upon the failure of Concessionaire to pay for such utility services when due, the City may elect to pay same and Concessionaire shall promptly reimburse the City upon demand. In no event shall the City be liable, whether to Concessionaire or to third parties, for an interruption or failure in the supply of any utilities services to the Concession Area. SECTION 8. EMPLOYEES AND INDEPENDENT CONTRACTORS. 8.1 Concessionaireshall select, train, employ (or otherwise hire or retain) such number of employees and/or independent contractors as is necessary and appropriate for Concessionaire to satisfy its responsibilities hereunder, and as necessary to maintain the same levels of service as exist in similar first class concession facilities and operations. Concessionaire's employees and/or independent contractors shall be employees and/or independent contractors of Concessionaire and not of the City, and Concessionaire shall be solely responsible for their supervision and daily direction and control. Concessionaire shall be solely responsible for, and have the sole authority to hire, terminate and discipline any and all personnel and/or contractors employed or retained by Concessionaire. 8.2 All employees and/or independent contractors shall observe all the graces of personal grooming. Concessionaire shall hire people to work in its operation who are neat, clean, well groomed, and comport themselves in a 7 949 professional and courteous manner. Concessionaire and any persons hired and/or retained by Concessionaire shall never have been convicted of a felony. Concessionaire shall have an experienced manager or managers overseeing the concession operations at all times. SECTION 9. Intentionally Omitted SECTION 10. IMPROVEMENTS. MAINTENANCE. REPAIR and OPERATION. Concessionaire accepts the use of the Concession Area in its "AS IS" "WHERE IS" condition. Concessionaire assumes sole responsibility and expense for maintenance of the Concession Area (including all furniture, fixtures, equipment and any other improvements thereon). This shall include, without limitation, daily (i.e. 365 days) removal of litter, garbage and debris. Concessionaire shall also be responsible for all garbage disposal generated by its operations. 10.1 Improvements. 1 0.1.1 Concessionaire, at Concessionaire's sole expense and responsibility, shall be required to demolish and remove the existing concrete ramp from within the Concession Area. Concessionaire shall install new concrete in a manner and fashion as to be level with the surrounding area and to match the existing concrete. 1 0.1.2 Any improvements to the Concession Area shall be at Concessionaire's sole expense and responsibility; provided, however, that any plans for such improvements shall be submitted to the City Manager or her designee for prior written approval. Upon termination and/or expiration of this Agreement, all personal property and non- permanent trade fixtures may be removed by Concessionaire without causing damage to the Concession Area. All permanent (fixed) improvements to the Concession Area shall remain the property of the City upon termination and/or expiration of this Agreement, except as provided in Subsection 1 0.1.3. Concessionaire will permit no liens to attach to the Concession Area arising from, connected with, or related to, the design, construction, and installation of any improvements. Construction of any approved improvements shall be diligently prosecuted to completion and accomplished through the use of licensed, reputable contractors who are acceptable to the City Manager or her designee. In addition to obtaining the prior approval of the City Manager or her designee (acting on behalf of the City, in a proprietary capacity), Concessionaire shall also be solely responsible for obtaining, at its sole cost and expense, any and all permits, 8 950 licenses, and/or regulatory approvals; such regulatory approvals which may include, without limitation, land use board and/or the approvals of other required regulatory agencies having jurisdiction) required for the construction of improvements. 1 0.1.3 Notwithstanding Subsection 1 0.1.2 hereof, upon termination and/or expiration of this Agreement, Concessionaire shall immediately remove any permanent improvements made to the Concession Area during the Term, at Concessionaire's sole expense and responsibility. In such event, Concessionaire shall also restore the Concession Area to its original condition prior to the improvements being made, reasonable wear and tear excepted. 1 0.1.4 The above requirements for submission of plans and the use of specific contractors shall not apply to improvements (which term, for purposes of this Subsection 1 0.1.4 only, shall also include improvements necessary for Concessionaire's ongoing maintenance and repair of the Concession Area) which do not exceed Five Hundred ($500.00) Dollars; provided that the work is not structural, and provided further that it is permitted by applicable law. 10.2 Garbage Receptacles. With respect to litter, garbage and debris removal, Concessionaire shall provide, at its sole expense, a sufficient number of trash receptacles for its own use and for the use of its patrons. Determination of the "number" of receptacles shall at all times be within the City Manager or her designee's sole discretion. Disposal of the contents of said receptacles (and removal of litter, garbage and debris within the Concession Area), shall be done on a daily {i.e. 365 days) basis. Any costs for removal of the contents of said trash receptacles by the City, because of the Concessionaire's failure to do so, will be assessed to, and become the responsibility of, the Concessionaire. The dumping or disposal of any refuse, discards, trash or garbage, generated by, or as a result of Concessionaire's operations, into any of the City's trash dumpster shall be prohibited. 10.3 Maintenance/Repair. Concessionaire shall maintain, at its sole expense and responsibility, all furniture, fixtures, and equipment (FFE) and any other improvements (whether permanent or not) required to operate the concession. In the event any FFE and/or other improvement(s) is lost, stolen, or damaged, it shall be replaced or repaired promptly, at the sole expense of Concessionaire. 10.3.1 All damage or injury of any kind to the Concession Area, and/or to any improvements and/or FFE thereon, except damage caused by the willful misconduct or gross negligence of the City, shall be the sole obligation of Concessionaire, and shall be repaired, restored and/or replaced promptly by Concessionaire, at its sole expense, to the satisfaction of the City Manager or his designee. 9 951 10.3.2 10.3.3 10.3.4 All of the aforesaid repairs, restoration and replacement shall be in quality and class equal to or better than the original work (or FFE, as the case may be) and shall be done in good and workmanlike manner. If Concessionaire fails to make any repairs, restoration and/or replacement, the same may be made by the City, at the expense of Concessionaire, and all sums spent and expenses incurred by the City shall be collectable by the City and shall be paid by Concessionaire within ten (1 0) days after receipt of a bill or statement thereof. Notwithstanding that the City may elect to make such repairs, restoration, and/or replacement, the City shall have no obligation and/or affirmative duty to do so. It shall be Concessionaire's sole obligation to ensure that any renovations, repairs and/or improvements made by Concessionaire to the Concession Area comply with all applicable permitting, building codes and life safety codes of governmental authorities having jurisdiction. 10.4 No Dangerous Materials. Concessionaire agrees not to use or permit in the Concession Area the storage and/or use of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered electricity producing generators, turpentine, benzene, naphtha, propane, natural gas, or other similar substances, combustible materials, or explosives of any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. Any such substances or materials found within the Concession Area shall be immediately removed. In consideration of a separate and specific consideration of Ten ($10.00) Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Concessionaire shall indemnify and hold the City harmless from any loss, damage, cost, or expense of the City, including, without limitation, reasonable attorney's fees, incurred as a result of, arising from, or connected with the placement by Concessionaire of any "hazardous substance" or "petroleum products" on, under, in or upon the Concession Area as those terms are defined by applicable Federal and State statutes, or any environmental rules and environmental regulations promulgated thereunder. The provisions of this subsection 1 0.4 shall survive the termination or earlier expiration of this Agreement. 10.5 Security. Concessionaire shall be responsible for and provide such reasonable security measures as may be required to protect the Concession Area and any improvements and FFE thereon. Under no circumstances shall the City be responsible for any stolen or damaged FFE; damage to or loss of any 10 952 improvements; or any stolen, lost, or damaged personal property of Concessionaire's employees, contractors, patrons, guests, invitees, and/or any other third parties. 10.6 Inspection. Concessionaire agrees that the Concession Area (and operations thereon) may be inspected at any time during hours of operation by the City Manager or his designee, or by any other municipal, County or State officer, or other agency having responsibility and/or jurisdiction for inspection of such operations. Concessionaire hereby waives all claims against the City for compensation for loss or damage sustained by reason of any interference with the concession operations, whether by the City or by any public agency or official, in enforcing their respective duties~ or enforcing compliance with any applicable laws, or ordinances, or regulations. SECTION 11. INSURANCE. Concessionaire shall maintain, at all times throughout the Term, at its sole expense and responsibility, the following types of insurance coverage: a. Comprehensive General Liability, in the minimum amount of One Million ($1 ,000,000.00) Dollars (subject to adjustment for inflation) per occurrence for bodily injury and property damage. This policy must also contain coverage for premises operations, products and contractual liability. b. Workers Compensation Insurance shall be required in accordance with the laws of the State of Florida. c. Only if Concessionaire will be utilizing automobiles in connection with the use of the Concession Area, Concessionaire shall purchse automobile Insurance shall be provided covering all owned, leased, and hired vehicles and non- ownership liability for not less than the following limits (subject to adjustment for inflation): Bodily Injury $1,000,000.00 per person Bodily Injury $1,000,000.00 per accident Property Damage $1,000,000.00 per accident The policies of insurance referred to above shall not be subject to cancellation or changing coverage except upon at least thirty (30) days prior written notice to the City, and then only subject to the prior written approval of the City Manager or his designee. Prior to the Commencement Date of this Agreement, Concessionaire shall provide the City with a Certificate of Insurance for each such policy. ALL POLICIES SHALL NAME THE CITY OF MIAMI BEACH FLORIDA AS AN ADDITIONAL NAMED INSURED. All such policies shall be obtained from companies authorized to do business in the State of Florida with an A.M. Best's Insurance Guide (latest edition) rating acceptable to the City's Risk Manager, and any replacement or substitute company shall also be subject to the approval of the City's Risk Manager. 11 953 Should Concessionaire fail to obtain, maintain or renew the policies of insurance referred to above, in the required amounts, the City may, at its sole discretion, obtain such insurance, and any sums expended by the City in obtaining said insurance, shall be repaid by Concessionaire to the City, plus ten (1 0%) percent of the amount of premiums paid to compensate the City for its administrative costs. If Concessionaire fails to repay the City's expenditures following written demand from the City (and within the time specified in the City's demand notice), such failure shall be deemed an event of default hereunder and the total sum owed shall accrue interest at the rate of twelve (12%) percent until paid. SECTION 12.1NDEMNITY. 12.1 In consideration of a separate and specific consideration of Ten ($1 0.00) Dollars and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Concessionaire shall indemnify, hold harmless and defend the City, its officers, employees, contractors, agents or servants from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of Concessionaire, its officers, employees, contractors, agents or servants in the performance of services under this Agreement. 12.2 In addition, and in consideration of a separate and specific consideration of Ten ($10.00) Dollars and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Concessionaire shall indemnify, hold harmless and defend the City, its officers, employees, contractors, agents or servants from and against any claim, demand or cause of action of whatever kind or nature arising out of any misconduct of Concessionaire, its officers, employees, contractors, subconcessionaire(s), agents or servants not included in Subsection 12.1 herein and for which the City, its officers, employees, contractors, subconcessionaire(s), agents or servants are alleged to be liable. 12.3 Subsections 12.1 and 12.2 shall survive the termination or expiration of this Agreement. Subsections 12.1 and 12.2 shall not apply, however, to any such liability, that arises as a result of the willful misconduct or gross negligence of the City, its officers, employees, contractors, agents or servants. 12.4 Subrogation. The terms of insurance policies referred to in Section 11 shall preclude subrogation claims against Concessionaire, the City and their respective officers, employees, contractors, agents or servants. 12.5 Force Majeure. Whenever a period of time is herein prescribed for the taking of any action by the City or Concessionaire (as applicable), the City or Concessionaire (as applicable), shall not be liable or responsible for, and there shall be excluded from the computation of such period of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, or governmental laws, 12 954 regulations, or restrictions in the nature of a prohibition or moratorium, or any bona fide delay beyond the reasonable control of City or Concessionaire (as applicable). The foregoing shall not apply to any payments of money due under this Agreement. 12.6 Waiver of Loss from Hazards. Concessionaire hereby expressly waives all claims against the City for loss or damage sustained by the Concessionaire resulting from an event of Force Majeure (as defined herein), and the Concessionaire hereby expressly waives all rights, claims, and demands against the City and forever releases and discharges the City from all demands, claims, actions and causes of action arising from any of the aforesaid causes. SECTION 13. DEFAULT AND TERMINATION. Subsections 13.1 through 13.3 shall constitute events of default under this Agreement. An event of default by Concessionaire shall entitle the City to exercise any and all remedies described as the City's remedies under this Agreement, including but not limited to those set forth in Subsection 13.4. An event of default by the City shall entitle Concessionaire to exercise any and all remedies described as Concessionaire's remedies under this Agreement, including but not limited to those set forth in Subsection 13.5. 13.1 Bankruptcy. If either the City or Concessionaire shall be adjudged bankrupt or insolvent, or if any receiver or trustee of all or any part of the business property of either party shall be appointed, or if any receiver of all or any part of the business property shall be appointed and shall not be discharged within sixty (60) days after appointment, or if either party shall make an assignment of its property for the benefit of creditors, or shall file a voluntary petition in bankruptcy, or insolvency, or shall apply for reorganization or arrangement with its creditors under the bankruptcy or insolvency laws now in force or hereinafter enacted, Federal, State, or otherwise, or if such petitions shall be filed against either party and shall not be dismissed within sixty (60) days after such filing, then the other party may immediately, or at any time thereafter, and without further demand or notice, terminate this Agreement without being prejudiced as to any remedies which may be available to it for breach of contract. 13.2 Default in Payment. If any payment and accumulated penalties are not received within fifteen (15) days after the payment due date, and such failure continues three (3) days after written notice thereof, then the City may, without further demand or notice, terminate this Agreement without being prejudiced as to any remedies which may be available to it for breach of contract.. 13.3 Non-Monetary Default. In the event that Concessionaire or the City fails to perform or observe any of the covenants, terms or provisions under this Agreement, and such failure continues thirty (30) days after written notice thereof from the other party hereto, such non-defaulting party may immediately or at any time thereafter, 13 955 and without further demand or notice, terminate this Agreement. In the event that a default is not reasonably susceptible to being cured within such period, the defaulting party shall not be considered in default if it shall, within such period, commence with due diligence and dispatch to cure such default and thereafter completes with dispatch and due diligence the curing of such default, but in no event shall such extended cure period exceed ninety (90) days from the date of written notice thereof. In the event Concessionaire cures any default pursuant to this subsection, it shall promptly provide the City with written notice of same. 13.4 City's Remedies for Concessionaire's Default. If any of the events of default, as set forth in this Section, shall occur, the City may, after notice (if required) and the expiration of cure periods, as provided above, at its sole option and discretion, institute such proceedings as in its opinion are necessary to cure such default(s) and to compensate the City for damages resulting from such default(s), including but not limited to the right to give to Concessionaire a notice of termination of this Agreement. If such notice is given, the Term ofthis Agreement shall terminate upon the date specified in such notice from the City t.o Concessionaire. On the date so specified, Concessionaire shall then quit and surrender the Concession Area to the City pursuant to the provisions of Subsection 13.7. Upon the termination of this Agreement by the City, all rights and interest of Concessionaire in and to the Concession Area and to this Agreement, and every part thereof, shall cease and terminate and the City may, in addition to any other rights and remedies it may have, retain all sums paid to it by Concessionaire under this Agreement, including but not limited to, beginning procedures to collect the Performance Bond in Section 14 herein. In addition to the rights set forth above, the City shall have the rights to pursue any and all of the following: a. the right to injunction or other similar relief available to it under Florida law against Concessionaire; and/or b. the right to maintain any and all actions at law or suits in equity or other proper proceedings to obtain damages resulting from Concessionaire's default. 13.5 Concessionaire's Remedies for City's Default. If an event of default, as set forth in this Section, by the City shall occur, Concessionaire may, after the expiration of the cure period, terminate this Agreement upon written notice to the City. Said termination shall become effective upon receipt of the written notice of termination by the City. On the date specified in the notice, Concessionaire shall quit and surrender the Concession Area to the City pursuant to the provisions of Subsection 13.7. 13.6 Termination for Convenience. 13.6.1 Notwithstanding any other provision of this Section 13, this Agreement 14 956 may be terminated, in whole or in part, by the City, for convenience and without cause, upon the furnishing of thirty (30) days prior written notice to Concessionaire. 13.6.2 In the event of termination by the City pursuant to this subsection, Concessionaire herein acknowledges and agrees that it shall not have any claim, demand, or cause of action of whatsoever kind or nature, against the City, its agents, servants and employees (including, but not limited to, claims for any start-up costs, interference in business or damages for interruption of services, or interference in its concession operations). In no event shall the City be liable to Concessionaire for any indirect, incidental, special, lost profits or consequential damages. 13.7 Surrender of Concession Area. At the expiration of this Agreement, or earlier termination in accordance with the terms of this Agreement, Concessionaire shall surrender the Concession Area in the same condition as the Concession Area was prior to the Commencement Date of this Agreement, reasonable wear and tear excepted. Concessionaire shall remove all its personal property, upon forty- eight (48) hours written notice from the City Manager or his designee unless a longer time period is agreed to by the City. Concessionaire's obligation to observe or perform this covenant shall survive the expiration or other termination ofthisAgreement. Continued occupancy of the Concession Area after termination of the Agreement shall constitute trespass by the Concessionaire, and may be prosecuted as such. In addition, the Concessionaire shall pay to the City One Thousand ($1 ,000.00) Dollars per day as liquidated damages for such trespass and holding over. SECTION 14. Intentionally Omitted SECTION 15. Intentionally Omitted SECTION 16. SPECIAL EVENTS I SPONSORSHIPS. 16.1 City SJ)ecial Events. Notwithstanding Subsection 16.1 herein, and in the event that the City, at its sole discretion, deems that it would be in the best interest of the City, the City reserves the right to displace the Concessionaire for City produced and/or sponsored special events and/or City produced and/or sponsored productions. Additionally, the aforestated events may also require additional time for load-in and load-out of the event. In such cases, the City may request that Concessionaire cease and desist operations during the term of, and in the area of, the special event and/or production, and Concessionaire shall cease and desist during such time. To the extent that Concessionaire is displaced, and/or required to cease and desist operations, City shall provide, calculated on a per diem basis for the period of time the Concession Area is non-operational, a credit against Concessionaire's Concession Fee, prorated on a per diem basis, to be calculated by dividing the monthly Concession Fee by 30 and multiplying said figure by the number of days the 15 957 Concessionaire was displaced .. If the Concessionaire is not required to close, or the City Manager or his designee determines that Concessionaire may remain open in such a manner as prescribed by the City, that will not interfere with the special event and/or production, Concessionaire shall use its best efforts, in either case, in cooperating with the City. If Concessionaire is allowed to remain open during special events and/or productions, Concessionaire may be allowed to have in operation its normal daily complement of equipment and staff. "Normal" shall be defined as equipment and staff that the Concessionaire customarily has available to service its patrons within the Concession Area on a normal business day (during its hours of operation}. 16.2 Sponsorships. The City reserves unto itself all present and future rights to negotiate all forms of endorsement and/or sponsorship agreements based on the marketing value of any City trademark, property, brand, logo and/or reputation. Any and all benefits derived from an endorsement and/or sponsorship agreement based on the marketing value of a City trademark, property, brand, logo and/or reputation, shall belong exclusively to the City. Concessionaire shall be specifically prohibited from entering into, or otherwise creating any, sponsorships and/or endorsements with third parties which are based solely or in any part on the marketing value of a City trademark, property, brand, logo and/or reputation. SECTION 17. NO IMPROPER USE. Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, the Concession Area for any improper, immoral or offensive purpose, or for any purpose in violation of any Federal, State, County, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. Concessionaire will protect, indemnify, and forever save and keep harmless the City, its officers, employees, contractors, agents or servants, from and against damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed or incurred for any violation, or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of Concessionaire, or any of its officers, employees, contractors, agents or servants. In the event of any violation by Concessionaire, or if the City shall deem any conduct on the part of Concessionaire to be objectionable or improper, the City Manager or his designee shall have the right to suspend the concession operations should the Concessionaire fail to correct any such violation, conduct, or practice to the satisfaction of the City Manager or his designee within twenty-four (24} hours after receiving written or verbal notice of the nature and extent of such violation, conduct, or practice; such suspension to continue until the violation is cured. Concessionaire further agrees not to commence operations during the suspension until the violation has been corrected to the satisfaction of the City Manager or his designee. SECTION 18. PRICE SCHEDULES. (Intentionally Omitted) 16 958 SECTION 19. NOTICES. All notices from the City to Concessionaire shall be deemed duly served upon receipt, if mailed by registered or certified mail with a return receipt to Concessionaire at the following addresses: Damian J. Gallo, President Damian J. Gallo & Associates, Inc. 1701 Meridian Avenue, Unit 4 Miami Beach, Florida 33139 All notices from Concessionaire to the City shall be deemed duly served upon receipt, if mailed by registered or certified mail return receipt requested to the City of Miami Beach at the following addresses: With copy to: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Director Office of Real Estate City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Concessionaire and the City may change the above mailing addresses at any time upon giving the other party written notification. All notices under this Agreement must be in writing. SECTION 20. LAWS. 20.1 Compliance. Concessionaire shall comply with all applicable City, County, State, and Federal ordinances, statutes, rules and regulations (including but not limited to all applicable environmental City, County, State, and Federal ordinances, statutes, rules and regulations, as same may be amended from time to time. 20.2 Equal Employment Opportunity. Neither Concessionaire nor any affiliate of Concessionaire performing services hereunder, or pursuant hereto, will discriminate against any employee or applicant for employment because of race, sex, sexual orientation, color, creed, national origin, familial status, religion or handicap. Concessionaire will take affirmative steps to utilize minorities and females in the work force and in correlative business enterprises. 20.3 No Discrimination. Concessionaire agrees that there shall be no discrimination as to race, sex, sexual orientation, color, creed, national origin, familial status, religion or 17 959 handicap, in its employment practice or in the operations referred to by this Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation within the Concession Area. All facilities and services offered shall be made available to the public. SECTION 21. MISCELLANEOUS. 21.1 No Partnership. Nothing contained in this Agreement shall constitute or be construed to be or create a partnership or joint venture between the City and Concessionaire. 21.2 Modifications. This Agreement cannot be changed or modified except by agreement in writing executed by all parties hereto. Concessionaire acknowledges that no modification to this Agreement may be agreed to by the City unless approved by the Mayor and City Commission except where such authority has been expressly provided herein to the City Manager. 21 .3 Complete Agreement. This Agreement, together with all exhibits incorporated hereto, constitutes all the understandings and agreements of whatsoever nature or kind existing between the parties with respect to Concessionaire's operations, as contemplated herein. 21 .4 Headings. The section, subsection and paragraph headings contained herein are for convenience of reference only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement. 21.5 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 21.6 Clauses~ The illegality or invalidity of any term or any clause of this Agreement shall not affect the validity of the remainder of the Agreement, and the Agreement shall remain in full force and effect as if such illegal or invalid term or clause were not contained herein unless the elimination of such provision detrimentally reduces the consideration that either party is to receive under this Agreement or materially affects the continuing operation of this Agreement. 21 . 7 Severabilitv. If any provision of this Agreement or any portion of such provision or the application thereof to any person or circumstance shall be held to be invalid or unenforceable, or shall become a violation of any local, State, or Federal laws, then the same as so applied shall no longer be a part of this 18 960 Agreement but the remainder of the Agreement, such provisions and the application thereof to other persons or circumstances, shall not be affected thereby and this Agreement shall be so modified. 21.8 Right of Entry. The City, at the direction of the City Manager, shall at all times during hours of operation, have the right to enter into and upon any and all parts of the Concession Area for the purpose of examining the same for any reason relating to the obligations of parties to this Agreement. 21.9 Not a Lease. 21.10 21.11 21.12 It is expressly understood and agreed that no part, parcel, building, structure, equipment or space is leased to Concessionaire; that this Agreement is a concession agreement and not a lease, and that Concessionaire's right to operate, manage, and maintain the concession shaH continue only so long as Concessionaire complies with the undertakings, provisions, agreements, stipulations and conditions of this Agreement. Accordingly, Concessionaire hereby agrees and acknowledges that in the event of termination of this Agreement, whether due to a default by Concessionaire or otherwise, Concessionaire shall surrender and yield unto the City the Concession Area, in accordance with Subsection 13.7 hereof, and the City shall in no way be required to evict and/or otherwise remove Concessionaire from the Concession Area as if this were a tenancy under Chapter 83, Florida Statutes, nor shall Concessionaire be afforded any other rights afforded to nonresidential tenants pursuant to said Chapter (the parties having herein expressly acknowledged that this Agreement is intended to be a concession agreementand is in no way intended to be a lease). Signage. Concessionaire shall provide, at its sole expense and responsibility, any required signs at its concession. All advertising, signage and postings shall be approved by the City, and shall be in accordance with all applicable Municipal, County, State and Federal laws and regulations. Any signage posted by Concessionaire shall be subject to the prior approval of the City as to size, shape and placement of same. Conflict of Interest. Concessionaire shall perform its services under this Agreement and conduct the concession operation(s) contemplated herein, in a manner so as to show no preference for other concession operations/facilities owned, operated, managed, or otherwise controlled by Concessionaire. No Waiver. 21.12.1 It is mutually covenanted and agreed by and between the parties hereto that the failure of the City to insist upon the strict performance of any of the conditions, covenants, terms or provisions of this Agreement, or to exercise any option herein conferred, will not be 19 961 21.12.2 21.12.3 considered or construed as a waiver or relinquishment for the future of any such conditions, covenants, terms, provisions or options but the same shall continue and remain in full force and effect. A waiver of any term expressed herein shall not be implied by any neglect of the City to declare a forfeiture on account of the violation of such term if such violation by continued or repeated subsequently and any express waiver shall not affect any term other than the one specified in such waiver and that one only for the time and in the manner specifically stated. The receipt of any sum paid by Concessionaire to the City after breach of any condition, covenant, term or provision herein contained shall not be deemed a waiver of such breach, but shall be taken, considered and construed as payment for use and occupation (and not as rent), unless such breach be expressly waived in writing by the City. 21.13 No Third Party Beneficiary. Nothing in this Agreement shall confer upon any person or entity, other than the parties hereto and their respective successors and permitted assigns, any rights or remedies by reason of this Agreement. SECTION 22. LIMITATION OF LIABILITY. The City desires to enter into this Agreement placing the management and operation of the Concession Area in the hands of a private management entity only if so doing the City can place a limit on its liability for any cause of action for breach of this Agreement, so that its liability for anysuch breach never exceeds the sum of Ten Thousand ($1 0, 000. 00) Dollars. Concessionaire hereby expresses its willingness to enter into this Agreement with a Ten Thousand ($1 0,000.00) Dollar limitation on recovery for any action for breach of contract. Accordingly, and in consideration of the separate consideration of Ten Thousand ($10,000.00) Dollars, the receipt of which is hereby acknowledged, the City shall not be liable to Concessionaire for damages to Concessionaire in an amount in excess of Ten Thousand ($10,000.00) Dollars, for any action 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 paragraph or elsewhere in this Agreement is in any way intended to be a waiver of limitation placed upon the City's liability as set forth in Florida Statutes, Section 768.28. SECTION 23. VENUE. This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any and all the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. THE CITY AND CONCESSIONAIRE HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT THE CITY AND CONCESSIONAIRE MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH 20 962 RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE CONCESSION AREA. IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their seals to be affixed, all as of the day and year first above written, indicating their agreement. Attest: CITY OF MIAMI BEACH, FLORIDA Rafael Granado, CITY CLERK Matti Herrera Bower, MAYOR Attest: DAMIAN J. GALLO & ASSOCIATES, INC. Signature I Corporate Secretary Damian J. Gallo, PRESIDENT Print Name Signature Print Name CORPORATE SEAL (affix seal here) T:I.AGENDA\2013\September 11\Damian Gallo\Damian J Gallo Concession Agreement DRAFT (9-3-13).doc 21 963 EXHIBIT 2.1 Concession Area I ----------,- I I I I I I I I I I I I I 0 ; ¥ i ¥ A l • I I ' 1 IJ.: ! ¥ • .., • i D .., .., ~ ,. I / I /·· (• I I i I I ~=====================:::::L _____ j 22 964 ---. EXHIBIT 3.2 Additional Requirements The Concession Area shall be maintained in a clean, neat and orderly appearance at all times by the Concessionaire. The area of the sidewalk, curb and gutter immediately adjacent to the Concession Area shall be cleared of all debris during hours of operation, and again at the close of each business day, or as may otherwise be determined by the City Manager. The Concessionaire shall be responsible for cleaning the floor surface on which the outdoor seating is located at the close of each business day. In addition, the following conditions shall apply: a. Tables, chairs, umbrellas and any other outdoor cafe furniture shall be maintained in a clean, attractive, and orderly appearance, and shall be maintained and kept in good repair at aU times; b. All outdoor furniture shall be of high quality, design, materials, and workmanship so as to ensure the safety and convenience of the public; c. Only the outdoor cafe furniture specifically shown on the approved site plan shall be allowed on the Concession Area; d. All tables, chairs, umbrellas, and any other outdoor furniture shall be readily removable, and shall not be physically attached, chained, or in any other manner affixed to any public structure, street furniture, signage, and/or other public fixture, or to a curb and/or public right-of-way; e. The stacking or piling up of chairs shall be prohibited on the Concession Area; f. At close of business, all tables, chairs and any other outdoor furniture shall be removed from the Concession Area and stored in a non-visible location from the public right-of-way. Any exception to this requirement shall be at the sole and absolute discretion of the City Manager and/or his/her designee. g. No storage of dishes, silverware or other similar restaurant equipment shall be allowed on the Concession Area, or on any other portion of the public right-of- way, or outside the structural confines of the building in which the restaurant is located, during non-business hours; h. There shall be no live entertainment or speakers placed on the Concession Area; i. No menu board(s) shall be permitted to be displayed on the Concession Area; j. No food preparation, food storage, refrigeration apparatus or equipment, or fire apparatus or equipment, shall be allowed on the Concession Area; k. No food displays shall be permitted on the Concession Area. No advertising signs or business identification signs shall be permitted, except that the restaurant name and/or its logo may be permitted on umbrellas but such logos and/or lettering may not exceed six inches in height; 23 965 I. Plants shall be properly maintained. Distressed plants shall be promptly replaced. Plant fertilizers which contain material that can stain the sidewalks shall not be allowed; m. The City Manager or his/her designee may cause the immediate removal, relocation and/or storage of all or part of any furniture located on the Concession Area in emergency situations or for public safety considerations. Upon written and/or verbal notification by the City Manager of a hurricane or other major weather event, or the issuance of a hurricane warning by Miami-Dade County, whichever occurs first, the Concessionaire shall, within no more than four hours of same, remove and place indoors all tables, chairs and any other outdoor furniture located on the Concession Area. The notification by the City Manager of a hurricane or other major weather event, or the issuance of a hurricane warning, shall constitute a public emergency situation as referenced in this division. The City Manager may remove, relocate, and/or store any outdoor furniture found on the Concession Area that has otherwise not been removed by the Concessionaire pursuant to this subsection. Any and all costs incurred by the City for removal, relocation and/or storage of Concessionaire's furniture shall be the responsibility of the Concessionaire. 24 966 Attachment 5 967 1701 Meridian Avenue Rent Schedule Tenant Sq. Ft. South Florida Salon 1,327 Monthly Annually PSF Massage Envy 1,802.89 Monthly Annually PSF Uni~KWax 1,290.59 Monthly Annually PSF Permit Doctor 1,268.87 Monthly Annually PSF Updated 8/22/13 Rent $ 5,808.94 $ 69,707.31 $ 52.53 $ 4,146.92 $ 49,763.04 $ 27.60 $ 3,326.39 $ 39,916.68 $ 30.93 $ 3,874.10 $ 46,489.23 $ 36.64 RETAIL SPACE Basis RElaxes $ - $ - Gross $ - $ 1,115.61 $ 13,387.29 NNN $ 7.43 $ 798.80 $ 9,585.57 NNN $ 7.43 $ 785.18 $ 9,422.16 NNN $ 7.43 968 Insurance C.A.M. Total $ -$ -$ 5,808.94 $ -$ -$ 69,707.31 $ -$ -$ 52.53 $ 135.22 $ 600.96 $ 5,998.71 $ 1,622.64 $ 7,211.52 $ 71,984.49 $ 0.90 $ 4.00 $ 39.93 $ 96.79 $ 430.20 $ 4,652.18 $ 1,161.48 $ 5,162.40 $ 55,826.13 $ 0.90 $ 4.00 $ 43.26 $ 95.17 $ 422.96 $ 5,177.41 $ 1,142.04 $ 5,075.52 $ 62,128.95 $ 0.90 $ 4.00 $ 48.96 RESOLUTION TO BE SUBMITTED 969 THIS PAGE INTENTIONALLY LEFT BLANK 970 -I MIAMI BEACH CllY OF MIAMI BEACH NOnCE OF PUBLIC HEARINGS Nat'ICE IS HEREBY given lhat public hearings wm b~:~ l1eld by the Mayor and City CommlssiOP of the City of Miami B&ach, Fk>rlda, tn the Commlsslao Chambers. 3rd Floor. City Hall 1700 Convention Center Drive, Miami Beach, Flt:fida. on Ykdnesday, September 11, 2013 to consider the following: 11:45a..m. A Re&llution Approving A Revocable Perm~ Reques:l: By FlfS! Street Development, LLC, As. Tl'e Owner Of The Commercial Property Located At 800 First Street. To Cor~Struct Fout (4) Concr~ Eyebrows That Project Over And lrrtc The Public Rlght-Of-Wa.y, At A Minimum Horizontal Dimension Of 2'-2" At 9'-e• Above The Sidewalk. To A Maximum Horizontal Dlmens.ion0f5'-0" At9'-!l'AbcveThe Sidewalk. &1quiries may be directed to the Pwlic Works Department m (305) 573· 7060. 12:00 p.m. Vacation Of Alleyway • 500 AltOn Road A Resolution Apprrwlng, On Second Reading, The Vacation Of An Alley Located In The 500 Slocl10f A~on Roaci.ContainingApproximately 6,005 Square Feet, In Favor Of The Adja(;ent Property Owners, South 8$lch Heights I. LLC. 500 Alton Fload ventures. LLC, And i220 Sixth, LLC. &1quiries may be directed Ia the Pwlic Works Department at (305) 6T.H060. 12:15 p.m. A Resolution Accepting The Recommendation Of The Floooce And Citywide P!cjects Committee Pertaining To The Early Term lnat!on Of An Exis!fng Retail Lease Agreement Between The City And Damian J. Gallo & Assoclates, Inc. 018/A Permit Doctor; Approving And Authorizing The Mayor And City Clerk To Execute: 1) A New Lease Agreement Between l'he City And Damian J. Gallo & Associate~>, Inc. 018/A Permit Doctor, For An Initial Tmn Of Three (3) Years. Wrth Two (2! RenewaJ Options For Two (2) Yem Each, Involving The Use Of Approi(Jmately 1.269 Squ.a;e Feet Of Clty-Qwned Pmperty Lccated At 1701 Meridian Avenue. Unit 4 (A/KIA 775 17th Street). Miami Beach, Aorlda (Tha "Leased Premises"); And 2) A Revocable Concession Agreement Between The City And Damian J. Galle & Assooiares. Inc. D/8/A Permit Doctor, Allowing For An Outdoor Seating Area, Adjacent To The Leased Ptemlses; And Further Waiving By 517tlls Vote. The Competltive Bidding Rl)qu~ement, Finding SUch Waiver To Be In The Best Interest Of The Public. lnquines may be directed to the Real Estate. Housing & Community Development Offoce at (305) 613-7260. INTERESTED PARTIES are invited to appear at this meelirlg, or be reprasen:ted by an aganl, cr to express their views in writing addressed to the City Commission, c/o the City Clerk, 17()0 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies. of tllese items are available fer publlc iospectlon during normal business houts in the C~y Clerk's Office, 1700 Convention Center Orlve, 1st Floor, City Hall, Miami Beach, Florida 33139. This mooting or any of the items herein may be continued, and undE!f such circumstances additional legal notice will not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Sec:l:ion 286.0105, Fla. Stat., ·the City hereby advises lhe public that if a person decides lo appeal ooy deciSion made by the City Commission with respect to any matter considered at its meeting or its hearing, sudl person must ensure tllat a \lel'batim recofd of the p.;oceedtogs is made, whichreco«<lncludes!hetesUmonyandevldence upon which 1he appeal is ro be based. This notice does not constitute consent by the City for the introduction or admission of olherwi$6 inadmissible or Irrelevant evidence, nor does It authorize chaHenges or appeals not otherwise allowed by klw. To request this material in a.:cessible fom1at. sigr1 language interpreters, lnformatfononaccessforpemonswilltdisabiiHlesand/oranyaccornmodation to review any document or participate in any C~y-sponsor«! proceeding, pleas<~ COII!act us five days in advance at (305) 673-741 I (voice) or TTY users may also call !he Florida Relay Service al 711. Ad i1'798 971 MiamiHeraktmm MIAMI HERALD COMMISSION ITEM SUMMARY Condensed title: A Resolution approving and authorizing Amendment No. 1 to that certain Management and Operation Agreement (Agreement), dated November 5, 2008, with Boys And Girls Clubs Of Miami-Dade, Inc (BGCM-0), relating to construction of a Boys And Girls Club Facility at Flamingo Park; said Amendment removing BGCM-D'S pre-construction requirement of positing a payment and performance bond, as well as the additional requirement of purchasing builders' risk insurance, by opening a securities account with the brokerage firm, Raymond James & Associates (Raymond James), having a value of$1 ,200,000.00 dollars, pursuant to the terms of a Securities Account Control Agreement, which Security Agreement would provide the City with exclusive control over said assets, which could be sold in order to pay for any events typically covered under said Agreement requirements, and further including indemnification language to protect the City and Raymond James from liability in connection with the exclusive right of the City to sell and disburse said assets. Key Intended Outcome Supported: Increase satisfaction with family recreational activities Supporting Data (Surveys, Environmental Scan, etc.): The City's 2012 Community Satisfaction Survey shows recreation programs received excellent or good ratings from 85% of residents equaling the ratings in 2009 and exceeding the ratings in 2005 (78%)2. Ninety-five percent of residents in South Pointe gave positive ratings to the City's recreation programs, yet only 78% of North Beach residents did so. Item Summary/Recommendation: Resolution No. 2008-26939 authorized the City and BGCM-0 to enter into a Management and Operation agreement, dated November 5, 2008 (Management Agreement), with an initial thirty year term, commencing on November 1, 2008, and two (2) renewable ten (10) year terms, thereafter. The Management Agreement provides for the demolition of the existing Boys and Girls Club facility, located at Flamingo Park, having approximately 4,450 square feet (Existing Facility), and the construction of a new facility, at the same location and at the sole expense of BGCM-0 (New Facility). The Existing Facility has been demolished and BGCM-D has secured all necessary approvals for its preliminary plans and specifications, in connection with the construction of the proposed Improvements. The Building has already been constructed by the contractor, Royal Concrete concepts, Inc. (Contractor), and is being stored at a facility, awaiting the completion of the site work, at which point the Contractor can transport the pre-constructed Building, in sections, to the construction site at Flamingo Park. The Management Agreement requires the Contractor to secure the following coverages: • Pursuant to Section 9. 7 .8.1 of the Management Agreement, construction may not be commenced until BGCM-D secures a building permit; and • BGCM-0 delivers all necessary construction insurance requirements, as set forth in Exhibit "B" to the Management Agreement, which specifically requires the contractor to secure Builder's Risk Insurance (Builders Risk Requirement); and • the Contractor provides the City with a payment and performance bond, guaranteeing the performance by the Contractor (Performance Bond Requirement); On June 11, 2013, BGCM-D secured the building permit and is ready to begin the site work necessary before the Building delivery and setting can take place at the construction site. BGCM-0 calculates that the balance of the cost of the construction, from building permit through certificate of occupancy will be approximately $380,000; however, the cost to secure the Builders Risk Requirement and Performance Bond Requirement would exceed $25,000, which at this juncture is a material sum which BGCM-D could use toward any final construction cost over-runs. BGCM-D has secured a donor, which has agreed to deposit assets having a total value of at least 1 ,200,000.00 in a Restricted Securities Account, with the brokerage firm of RAYMOND JAMES & ASSOCIATES (BROKER}, in the name of BGCM-D, allowing BGCM-D to give Exclusive Control over the property/assets of this account to the City (Restricted Securities Account), at the City's sole and absolute discretion, to compensate the City, in connection with an event typically covered by the Contractual Requirements (Securities Account Mechanism). A copy of the Securities Account Agreement which has been approved by the Broker, the City and BGCM-D is attached hereto and made a part hereof as Exhibit "2". Advisory Board Recommendation: I N/A Financial Information: Source of Amount Funds: 1 I I OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Max Sklar, ext. 6116 MIAMI BEACH Account 972 Approved er AGENDA ITEM ----'-R~l..:.....O~­ DATE _____.Cf._-.:....:.fl__:;-f.-3_ ",, 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 FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROV NG AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THAT CERTAIN MANAGEMENT AND OPERATION AGREEMENT (AGREEMENT), DATED NOVEMBER 5, 2008, BETWEEN THE CITY AND BOYS AND GIRLS CLUBS OF MIAMI-DADE, INC (BGCM-D), RELATING TO CONSTRUCTION OF A BOYS AND GIRLS CLUB FACILITY AT FLAMINGO PARK; SAID AMENDMENT REMOVING BGCM-D'S PRE-CONSTRUCTION REQUIREMENT OF POSITING A PAYMENT AND PERFORMANCE BOND, AS WELL AS THE ADDITIONAL REQUIREMENT OF PURCHASING BUILDERS' RISK INSURANCE (COLLECTIVELY REFERRED TO AS "AGREEMENT REQUIREMENTS"), BY OPENING A SECURITIES ACCOUNT WITH THE BROKERAGE FIRM, RAYMOND JAMES &ASSOCIATES (RAYMOND JAMES), HAVING A VALUE OF $1,200,000.00 DOLLARS, PURSUANT TO THE TERMS OF A SECURITIES ACCOUNT CONTROL AGREEMENT (SECURITY AGREEMENT), WHICH SECURITY AGREEMENT WOULD PROVIDE THE CITY WITH EXCLUSIVE CONTROL OVER SAID ASSETS, WHICH COULD BE SOLD IN ORDER TO PAY FOR ANY EVENTS TYPICALLY COVERED UNDER SAID AGREEMENT REQUIREMENTS, AND FURTHER INCLUDING INDEMNIFICATION LANGUAGE TO PROTECT THE CITY AND RAYMOND JAMES FROM LIABILITY IN CONNECTION WITH THE EXCLUSIVE RIGHT OF THE CITY TO SELL AND DISBURSE SAID ASSETS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The Boys and Girls Club of Miami-Dade, Inc. {BGCM-D) have operated successfully in Flamingo Park for approximately eighteen (18) years and have served a significant number of low and moderate income children at their current facility. The Boys and Girls Club is a national organization with successful operations in a wide variety of communities across the United States in addition to the Flamingo Park facility, located at 1200 Meridian Avenue, Miami Beach, Florida 33139 (Flamingo Park). The programs provided for the low and moderate income and at risk youth in this area provide for a wide range of health, social, educational, vocational, character and leadership development skills. 973 In order to improve the level of programming and demonstrate BGCM-D's commitment to the community, and as authorized by Resolution No. 2008-26939, the City of Miami Beach, Florida (City) and BGCM-D entered into a Management and Operation agreement, dated November 5, 2008 (Management Agreement), providing for an initial thirty year term, commencing on November 1, 2008, and two (2) renewable ten (1 0) year terms, thereafter. A copy of the Management Agreement is attached hereto and made a part hereof as Exhibit "1". The Management Agreement provides for the demolition of the existing Boys and Girls Club facility, located at Flamingo Park, having approximately 4,450 square feet (Existing Facility), and the construction of a new facility, at the same location and at the sole expense of BGCM-D (New Facility). The plans for the New Facility (Proposed Improvements) call for the construction of a two story, modular building, having approximately 10,000 square feet (Building), in order for the facility to accommodate the enhanced programming anticipated at this New Facility. The Existing Facility has been demolished and BGCM-D has secured all necessary approvals for its preliminary plans and specifications, in connection with the construction of the proposed Improvements. The Building has already been constructed by the contractor, Royal Concrete concepts, Inc. (Contractor), and is being stored at a facility, awaiting the completion of the site work, at which point the Contractor can transport the pre-constructed Building, in sections, to the construction site at Flamingo Park. On June 11, 2013, BGCM-D secured the building permit and is ready to begin the site work necessary before the Building delivery and setting can take place at the construction site. Once the building permit is obtained the Management Agreement requires the Contractor for BGCM-D to secure the following coverages for the protection of the Project (Contractual Requirements): • Pursuant to Section 9. 7 .8.1 of the Management Agreement, construction may not be commenced until BGCM-D secures a building permit; and • BGCM-D delivers all necessary construction insurance requirements, as set forth in Exhibit "8" to the Management Agreement, which specifically requires the contractor to secure Builder's Risk Insurance (Builders Risk Requirement); and • the Contractor provides the City with a payment and performance bond, guaranteeing the performance by the Contractor (Performance Bond Requirement); The Builder's Risk Requirement protects the City and BGCM-D from the loss of the building to any catastrophe such as a hurricane, fire and other similar risks. The Performance Bond Requirement protects the City and BGCM-D if the Contractor defaults under the construction contract and fails to complete the Proposed Improvements. At the current stage, due to the nature of this development, the construction of the Building has already occurred and once the site work has been completed, which is estimated to take approximately three to four months (January of 2014), the delivery of the building and securing the certificate of occupancy should not exceed April30, 2014, barring unforeseen circumstances. BGCM-D calculates that the balance of the cost of the construction, from building permit through certificate of occupancy will be approximately $380,000; however, the cost to secure the Builders Risk Requirement and Performance Bond Requirement would exceed $25,000, which at this juncture is a material sum which BGCM-D could use toward any final construction cost over-runs. BGCM-D has secured a donor, which has agreed to deposit assets having a total value of at least 1,200,000.00 in a Restricted Securities Account, with the brokerage firm of RAYMOND JAMES & ASSOCIATES (BROKER), in the name of BGCM-D, allowing BGCM-D to give Exclusive Control over the property/assets of this account to the City (Restricted Securities 2 974 Account), at the City's sole and absolute discretion, to compensate the City, in connection with an event typically covered by the Contractual Requirements (Securities Account Mechanism). A copy of the SecuritiesAccountAgreementwhich has been approved by the Broker, the City and BGCM-D is attached hereto and made a part hereof as Exhibit "2". CONCLUSION In order to allow the Boys and Girls Club of Miami, Inc. to proceed with the construction of the New Facility without having to incur the material costs connected with the Builders Risk Requirement or Performance Bond Requirement, while at the same time providing the City with the necessary protections to cover the risks covered by the Contractual Requirements, it is recommended that the Mayor and the City Commission authorize the Mayor and City Clerk to execute Amendment No. 1 to the Management Agreement, authorizing the removal of the Builders Risk Requirement and Performance Bond Requirement and replacing said Contractual Requirements with the Securities Account Mechanism, so that the City will be adequately protected during the Project's final stage of construction. JLM\KGB\MS\gnt T:\AGENDA\2013\September 11 \Boys-GirlsCiub Amendment No 1 Commission Memo September 11 2013.doc Attachments: Exhibit "1" -Management Agreement Exhibit "2"-Securities Account Exclusive Control Agreement 3 975 AGREEMrnNTBETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND BOYS AND GIRLS CLUBS OF MIAMI-DADE, INC. ,, FOR THE MANAGEMENT AND OPERATION OF A BOYS AND GIRLS CLUB IN FLAMINGO PARK THIS AGREEMENT. is made and executed as ofthis~ day oft-t~\1:0"~2008, by and between the CITY OF MIAMI BEACH, a municipal corporation organized and existing under the laws ofthe State ofFlorida(the "City"), and BOYS AND GIRLS CLUBS OF MIAMI-DADE, INC., a Florida not-for-profit corporation, whose principal office is located at 2805 SW 32 A venue, Miami, FL 33133 ('BGCM-D"). WITNESSETH RECITALS: WHEREAS, the City is the owner of that certain building located in Flamingo Park, and as more specifically delineated in the sketch attached and incorporated as Exhibit "A" hereto (hereinafter referred to as the Premises or the Club); and WHEREAS, the City and BGCM-D are currently parties to a Lease Agreement for the Premises, dated August 1, 2006, with an ·initial term oftlu-ee (3} years, ~nding on July 31, 2009, and two (2) additional three (3) year renewal terms (the Lease); and WHEREAS, the Lease provides that the Premises be used by BGCM-D as a public recreation center for the purpose of providing children with after school summer programs including, without limitation, sports, arts and computer education; and WHEREAS, BGCM-D is currently using the Premises for the aforestated purpose through operation of a Boys and Girls Club thereon; and EXHIBIT 1 976 WHEREAS, the BGCM-D wishes to continue to operate a Boys and Girls Club at the Premises, to not only continue providing the aforestated children's programming, but also for the development of future programs as well; and WHEREAS, the City recognizes that BGCM-D is a Florida not for profit corporation with a proven track record in providing children's clubs and services and, given BGCM-D's expertise and skills in this area, wishes to continue to have BGCM-D providing the aforestated children's programming (as well as development of new programs in the future) on the Premises; and WHEREAS, the City and BGCM-D have also had recent discussions with regard to BGCM- D's proposed improvements to the Premises, which would include demolishing the existing building/structure, and designing, developing, and constructing anew, larger improved building in its place; and WHEREAS, the City is desirous of improving the Premises but does not have available funding to do so; and WHEREAS, rather than independently seek out and purchase a new building on its own, BGCM-D has proposed a ''partnership of resources" with the City, and is ready, willing and able to contribute substantial financial resources toward the design, development and construction of anew building (on the site of the current Premises); and WHEREAS, the design and construction of the new facility would be funded and undertaken by BGCM-D, at its sole cost and responsibility and, once completed, would be owned by the City, but operated by BGCM-D under the following management agreement (the Agreement); and WHEREAS, as the Flamingo Park community has been identified as an area in high need and low supply of children's programming and has, through a community concensus process, identified the creation of an improved, expanded Boys and Girls Club facility as a top priority, the City is supportive of the BGCM-D's offer to use its funding (which will consist of monies raised from private donations. grant resources, and other funding sources that the BGCM-D is uniquely qualified and/or positioned to apply for and receive) toward the design, development, and construction of the new building; and WHEREAS, the City is desirous that BGCM-D play a primary role in the operation and management of the proposed Club; and 2 977 ---------------------~ WHEREAS it is vital that BGCM-D (and the City) demonstrate a long-term commitment toward the parties' intended use and programming of the Premises as a comprehensive club; to that end, BGCM-D has requested, and the City has deemed it in the best interest of the public, particularly the City's children population, that the Agreement have as long a term as possible; and WHEREAS, the City would recommend that, in order to effectuate this long term partnership, the parties terminate the existing Lease and, in its place, that the City and BGCM-D approve and execute the following Agreement (whereby BGCM-D would design, develop and construct a new building on the site of the current Premises; the City would continue to own the Premises; and the Premises would be managed, operated, and maintained by BGCM-D, at its sole cost and expense (and as provided hereunder), as a public children's recreational center (i.e. a Miami Beach Boys and Girls Club); and WHEREAS, the Agreement set forth herein is consistent with other similar partnerships that the City has undertaken with not for profit entities for long-term management and operation of City facilities (by said agencies) for public recreational purposes. NOW THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained, it is agreed by the parties hereto as follows: SECTION!. The City hereby grants to BGCM-D, and BGCM-D hereby accepts from the City, this Agreement for the exclusive use (except for use by the City as set forth herein) management, coordination, operation and maintenance of the Premises (as more fully described and delineated in the sketch attached hereto and incorporated herein as Exhibit "A"), in conformance with the purposes and for the period stated herein, and subject to all the tenns and conditions herein contained and fairly implied by the tenns hereinafter set forth. SECTION 2. TERM. This Agreement shall be for an initial term of thirty (30) years, commencing on the I-!:!:" day of N~--~08, and ending on the 3(.!!:. day~~038. Upon the commencement of this Agreement. the Lease shall automatically terminate without the need of any further action by the parties thereto. 3 978 At the expiration of the initial term herein, and provided that (i) BGCM-D is in good standing and free from default hereunder, and (ii) BGCM-D continues to operate, manage and maintain the Premises in accordance with the tenns of this Agreement including, without limitation, in accordance with the approved uses (as hereinafter defined) and for the stated purposes herein, this Agreement shall be automatically renewed for a maximum of two (2) additional ten (1 0) year terms, under all of the terms and conditions contained herein. In the event that BGCM-D determines not to renew the Agreement, it shall notify the City of same, in writing, no less than one (1) year prior to the end of the initial term, or a renewal term, as the case may be. SECTION 3. PREMISES. The Premises subject to this Agreement shall be those facilities and spaces at the location within Flamingo Park, all as more specifically described in Exhibit "A", attached and incorporated herein. The parties acknowledge and agree that, following completion of the Proposed Improvements (as defined in Section 9.7 hereof). the new building/facility, and all improvements and fixtures thereon, shall be the sole and exclusive .property of the City and shall be defmed and referred to herein, as the "Premises".) Subject to the tenns of this Agreement, BGCM-D shall have the primary use and occupation of the Premises and shall be responsible for its management, operation, programming, and maintenance. BGCM-D wanants and represents that it hereby agrees to accept the Premises in their "as is .. condition, without any representation(s) or wmanty(ies) of any kind ornatw'e whatsoever by City, whether as to their condition or as to the use or occupancy which may be made thereof. SECTION 4. GOALS AND PRIORITIES/APPROVED USES. 4.1 Goals and Priorities. 4.1.1 The dramatic change in the Miami Beach population has created new demands on the City's services. The change in population has resulted in more children in schools and an increased need for after-school care. Parks and recreational facilities have been designated a high-priority in the City of Miami Beach Consolidated Plan. There is a need to continue to provide local youth with 4 979 a facility where they can continue to improve academically, and have a safe and structured place to play every school day and throughout the summer as well. 4.1.2 BGCM-D South Beach Club has been in existence for the past eighteen (18) years at Flamingo Park, (most recently, BGCM-D has leased the Premises for the operation of a Boys and Girls Club facility, primarily serving the South Beach area, pursuant to the Lease referenced in the Recitals section of this Agreement). This Club is an established entity, well known by all the surrounding neighborhood areas. The Club, in collaboration with the City of Miami Beach Parks Department, is a testimony to the productive collaboration and cost effectiveness of pooling resources to provide first-rate programs to the low income, at-risk youth in the area. 4.1.3 The primary mission of BGCM-D is to assure and enhance the quality of life for youth as participating members of a richly diverse urban society. With special concern for the disadvantaged, BGCM-D helps youth to help themselves realize their potential for growth and development. Basing the Club's programs on member and community involvement, BGCM-D is aware ofthe influences of the total environment, and so provides youth with diversified individual care and the skills necessary for them to grow into contributing members of society. Therefore, to accomplish BGCM-D's mission, both nationally and locally, it must provide services, based on principles of behavioral guidance, which will achieve the health, social, educational, vocational, character and leadership development ofits members. BGCM-D provides programs to take children off the streets and into productive programs such as after-school care, academic improvement and homework assistance, computer lab, recreational activities such as arts and crafts and dance, and organized league sports such as basketball, baseball, softball and volleyball. 4.1.4 The new facility, which BGCM-D proposes to design, develop and construct for the City on the site of the existing Premises (and, thereafter, operate, manage and maintain same pursuant to the terms and conditions of this Agreement), would enable the Club members to be more successful in school and be a part of a vibrant change in the City's expanding landscape. Children would have more time to take online practice exams (such as the FCA T), have instructors review homework or study assignments and continue to use new computers to hone developing skills. Youth would also have more time to partake in improved physical fitness and athletic competitions. This would help combat the growing national problem of childhood obesity. Sports programs are offered on a year-round basis in order to keep the children occupied as long as possible in a healthy, safe, 5 gao------------------------- productive, and enjoyable environment. It is anticipated that the children participating in the Club's programs improve both physically and socially. They become physically fit and develop skills associated with team play and camaraderie. The Club anticipates school grades and attendance to improve as a result of participation in this program. Frustration and anger can result in negative behaviors including violent crime, gang activity, and drug use. The Club's sports programs provide a positive channel for children to vent their frustrations and anger, thus simultaneously eliminating the possibilities of negative behavior. 4.1.5 The Club will primarily serve children from Census Tracts 40.00-45.00 (Census Tract 43.00-site of activity). The average percentage oflow/moderate income reveals 61% in these areas. The three major contiguous areas served by the Club's program (42.00, 44.00 & 45.00) reveal an average of 55.5% of low/moderate income families. The program is available to all Miami Beach youth, ages 5-16. No child is turned away because of financial difficulties. It is expected that the Club will be able to serve an additional75 children yearly in addition to the 300 children it currently serves in its year round, after-school, academic, athletic and recreational programs, and summer program. 4.2 Approved Uses. 4.2.1 The parties hereto have determined that it in is in the City's best interest to bring together the City's resources, together with BGCM-D's (i) proven track record in operating programs for children; (ii) fmancial resources which it has agreed to commit toward the design, development and construction of a new building/facility on the Premises; and (iii) commitment to manage, operate and maintain the Premises, at its sole cost and expense. 4.2.2 The Club shall be designed, developed and constructed (and thereafter managed, operated, and maintained) as a multi-purpose recreational facility, centered on the provision of services and programs, and the improvement of the quality oflife, for children. The Premises are intended to include the following programs, services~ activities, and uses: • Provide quality after school academic, athletic and recreational programs in a supervised environment that include homework assistance, computer training, sports, recreation, cultural arts, career mentoring, and social skills. • Provide Teacher Work Day programs. • Provide Spring Break Camp, Winter Break Camp, and Summer Camp 6 981 (hereinafter, all such City approved programs, activities, services, and uses by BGCM-D of the Premises, shall be collectively referred herein to as the •'uses" and/or the "approved uses"). 4.2.3 In the event that BGCM-D seeks to use the Premises for additional programs, services, activities, and uses which are materially different than the approved uses (as enumerated in Section 4.2.2), then each such proposed new program, service, activity and use shall be subject to the prior written approval of the City Manager, which approval shall not be unreasonably withheld or delayed, and provided such proposed program, service, activity and/or use is for a public purpose and is consistent with the approved uses herein. In the event of approval by the City Manager, all such newprogram(s), service(s), activity(ies), and use(s) shall be memorialized by written amendment to this Agreement. 4.2.4 Notwithstanding Section 4.2.3, BGCM-D shall not be required to obtain the City Manager's prior written consent if a proposed new program, service, activity, or use is reasonably related to the approved uses set forth herein. For pwposes of this Section 4, the term "reasonably related" shall refer to a proposed new use that, in the reasonable judgment and discretion of the City Manager, does not represent either a substantive change in the approved uses, or does not represent a material programmatic change in said approved uses. 4.2.5 The Premises shall be used by BGCM-D solely and exclusively for the uses set forth in this Section 4(or such other uses as may be approved by the City), and such other uses that are reasonably related thereto. It is understood and agreed that the Premises shall be used by BGCM-D during the entire term of this Agreement only for the purposes and/or uses described in (and/or otherwise approved pursuant to) this Section 4, or reasonably related thereto, and for no other purposes or uses whatsoever. In the event that BGCM-D uses the Premises for any purpose( s) and/or use(s) not expressly permitted in (or reasonably related to) this Section 4, such use(s) shall be considered a default under this Agreement, and the City shall be entitled to all remedies. iltcluding termination of this Agreement, as set forth in Section 27 hereof. In addition, notwithstanding any other terms of this Agreement, the City shall be entitled to seek immediate relief, whether at law or equity, to restrain such improper use(s). 7 982------------------------- SECTIONS. OPERATION AND MANAGEMENT OF THE PREMISES. S.l Subject to the approved uses in Section 4 (as same may be amended from time to time), and any and all other terms, limitations and required approvals contained in this Agreement, BGCM-D is authorized and required, and shall have the exclusive right to: a. Manage and operate the Premises, and BGCM-D's activities, services, and programs thereon, for the purpose of coordinating, implementing, and supervising all approved uses; b. Maintain and provide for the day-to-day maintenance and housekeeping of the Premises; c. Supervise and direct all BGCM-D and/or Club employees, officers, agents, contractors, invitees, visitors, and guests on the Premises; d. Maintain and supervise detailed, accurate and complete fmancial and other records of all its activities under this Agreement in accordance with generally accepted accounting principles. All financial records maintained pursuant to this Agreement shall be retained by BGCM-D as long as such records are required to be retained pursuant to Florida Public Records Law, and shall be made available upon reasonable notice by the City; f. INTENTIONALLY OMITTED; g. Develop and implement programs and activities which support and promote the goals and priorities and approved uses (as set forth in Section 4, as same may be amended from time to time); and h. Coordinate and cooperate with the City for public use of the Premises by the City, as set forth in Section 10.2 hereof, which coordination and cooperation shall not be unreasonably withheld or delayed, and provided that such City use(s) does not materially interfere with the operations of the Club by BGCM-D. Such public use of the Premises by the City shall be conducted pursuant to policies and procedures, which shall be established and mutually agreed upon by BGCM-D and the City, within six (6) months of execution of this Agreement by the parties hereto. 8 983 S.2. The parties agree and acknowledge that, in furtherance of, and consistent with, the goals and priorities and approved usest BGCM-D and the City may agree to mutually coordinate, sponsor and provide certain additional recreation and leisure activities and/or programs on the Premises. As to the City, such activities and/or programs shall be coordinated through its Parks and Recreation Department. The City and BGCM-D shall mutually agree upon and approve any such activities and/or programs in advance of their implementation; the programs and/or activities must be consistent with the operation of a Boys and Girls Club;_ and may not materially interfere with the operations of the Club. Subject to the preceding criteria, BGCM-D and the City hereby agree to use best efforts in mutually determining and agreeing upon the time, place, and manner in the coordination of such activities and/or programs within the Premises, and further agree that each party will be responsible for its respective costs associated with the provision of said activities and/or programs. 5.3 Houn of Operation. The City and BGCM-D herein agree that normal hours of operation for the Club shall be from 12:00 PM to 8:00PM, Monday through Fridays during school days, and 7:30AM to 6:30PM during teacher work days, school breaks, and swnmer. The Miami- Dade County Public School calendar will be followed. The parties recognize and acknowledge that, under certain circumstances (i.e. special events, special programming, etc.), BGCM-D may be permitted to extend its hours of operation, but any prolonged extension shall be subject to the prior written consent of the City Manager (which consent shall not be unreasonably withheld or delayed). Additionally, in no event shall the Clubs hours of operation be shortened without th~ prior written consent of the City Manager (which consent shall not be unreasonably withheld or delayed). SECTION 6. REVENUE FROM CLUB RELATED ACI'IVITIESJFINANCIAL RECORDS AND REPORTS. 6.1 Revenue from Club Related Activities. The City herein acknowledges that BGCM- D may derive additional revenues from a portion of the approved uses it conducts on the Premises (such revenue generating uses may include, from time to time, special events on the Premises, specialty sales, classes, lectures, and sale of food and beverages). BGCM-D herein acknowledges that any and all revenue generating uses conducted on the Premises must be directly related to, consistent with, or used to help ftmd BGCM-D's management, operation, and maintenance of the 9 984 Premises and, in the event that annual revenue(s) pertaining to the Club exceed expenses during a particular budget year, (in accordance with projected annual operating budget submitted by the Club to the City pursuant to Section 7 hereof), the City and BGCM-D agree that such excess revenue, if any, shall first be applied to offset any of the capital improvements and/or infrastructure maintenance costs (as set forth in Section 9.1 ), and may, thereafter, be applied by BGCM-D to support other programming ofBGCM-D. Any revenue generating uses conducted on the Premises that are not consistent with the approved uses in Section 4, or consistent with this Section 6.1, shall first be approved, in writing, by the City Manager (prior to commencement of same). 6.2 Financial Records and Reports. BGCM-D shall maintain on the Premises, or at the location set forth in the Notices section of this Agreement, or at such other place within Miami Dade County, Florida, true, accurate, and complete records and accounts of all receipts and expenses for any and all uses, services, programs, events, and activities (including, without limitation all revenue generating uses) being conducted on the Premises, and shall give the City Manager, or his authorized representative, access during reasonable business hours to examine and audit such records and accounts. Throughout the term of this Agreement, and no later than one hundred and twenty(120) days following the closing ofBGCM-D's fiscal year (June 1st -May 31st), BGCM-D shall provide the City Manager with an annual report of all uses, services, programs, events and activities (including, without limitation, all revenue generating uses) conducted upon the Premises for the prior year, along with audited financial statements. Said statements shall be certified as true, accurate and complete by BGCM-D and by its certified public accountant. SECTION 7. BUDGET AND FUNDING FOR THE CLUB. 7.1 Throughout the Term of this Agreement, BGCM-D shall prepare and present, by May 15th of each year, a proposed, detailed line item annual operating budget for the Club for the period from the next June 151 to May 30m, for review by the City Manager. Said budget shall include a projected income and expense statement; projected year end balance sheet; statement of projected income sources; and application of funds. Additionally, the budget shall also include, without limitation, the following detailed projections: 10 gas------------------------- a. Gross revenues by categories from all revenue sources and revenue generating uses derived on the Premises; b. Operating expenses for the Club; c. Administrative, labor and general expenses; d. · Marketing, advertising and promotion expenses; e. Utility costs; f. Regular repairs and maintenance costs, and costs related to capital improvements and infrastructure (to the extent such costs are the responsibility ofBGCM-D, as provided in Section 9.1 hereof); and g. In addition to subsection (f) above, BGCM-D shall identify for the City, such long term capital repairs and maintenance of facility infrastructure ((subject to BGCM-D and the City's respective obligations as to same, in accordance with Section 9.1 hereof). In conjunction with this subsection (g), BGCM-D agrees to allow the City and/or its authorized representative(s) access to the Premises, as the City Manager may deem necessary, in his reasonable judgment and discretion and upon at least 24 hours prior notice (written or verbal), for the purpose of the City conducting its own facility assessment. 7.2 Programmatic Plan. Accompanying BGCM-D's proposed annual budget shall be the Club's programmatic plan for the Club's upcoming fiscal year, detailing the then-known (planned) uses, services, activities, events, programs, and operations, and the number of users anticipated. SECTION 8. [INTENTIONALLY DELETED] SECTION 9. MAINTENANCE, REPAIRS, AND ALTERATIONS. 9.1 General Maintenance and Repair. Throughout the Term of the Agreement, BGCM-D shall maintain the interior of the Premises, and every part thereof, in good condition, including the plumbing .. doors, and windows, and will not suffer or permit any strip or waste of the Premises. Except as expressly provided in this Agreement, it is understood by the parties hereto that, for the first ten (10} years of the Term, BGCM-D shall be responsible, and required to pay for, any 11 986 costs related to capital improvements or infrastructure for the Premises (i.e. including, without limitation. roof, structural elements and infrastructure, HV AC, plumbing and sewer lines, major electrical, etc.). After the first ten (10) years ofthe Term (i.e. connnencing upon the 11th year oftbe Teim), such costs related to capital improvements or infrastructure shall be paid fifty percent (50%) by BGCM-D, and fifty percent (50%) by the City (i.e. shared equally by the parties). Notwithstanding the preceding paragraph, during the Term hereof, BGCM-D shall provide the City with prompt notice of needed capital and/or infrastructure repairs and/or maintenance, and the City and BGCM-D shall coordinate in good faith when to commence such repairs and/or maintenance. 9.2 Day to Day Maintenance. BGCM-D shall, at its sole cost and expense, and to the reasonable satisfaction of the City, keep, maintain, and repair the Premises, and all improvements, fixtures, and equipment thereon. in good, clean, and sanitary order(subject to any proportionate responsibility and/or obligation of the City as to capital improvements or infrastructure as provided in Section 9.1 hereof). BGCM-D assumes sole responsibility and expense for day to day housekeeping, janitorial services, and routine maintenance of the interior of the Premises, and all improvements, fixtures, and equipment thereon. This shall include, without limitation. daily removal of litter, garbage and debris generated by BGCM-D's use of the Premises, including all garbage disposal generated by its operations and activities. 9.3 Additional Improvements/ Alterations. In the event that BGCM-D desires or deems it appropriate to make alterations, additions, or improvements to the Premises (other than the Proposed Improvements contemplated in Section 9.7), it will submit plans for same to the City, for the prior written approval ofthe City Manager. No such alterations, improvements, or additions shall be made without the express written approval of the City Manager and, if approved, shall be made at BGCM-D's sole cost and expense, and shall become the property of the City upon completion of same. BGCM-D shall not have the right to create or permit the creation of any lien attaching to the City's interest in the Premises as a result of any such alterations. improvements, or additions. 12 987------------------------- 9.4 Labor/Personnel/Materia.WEguipment/Furnishings. BGCM-D must provide and maintain, at its sole cost and expense, all labor, personnel, materials, equipment, and furnishings, as reasonably required, to operate the Premises as a full service comprehensive Boys and Girls Club facility, in accordance with the goals and priorities and approved uses set forth herein. In the event any materials, equipment, and/or furnishings are lost, stolen, or damaged, they shall be promptly replaced or repaired at the sole cost and expense of the BGCM-D(funding permitted) . 9.5 Orderly Ooeration. BGCM-D shall have a neat and orderly operation at all times and shall be solely responsible for the necessary housekeeping services to properly maintain the Premises. There shall be no living quarters nor shall anyone be permitted to live \Yithin the Premises. BGCM-D shall make the Premises available for inspection by the City Manager or his authorized representatives during hours of operation. 9.6 Security. BGCM-D shall be responsible for and provide reasonable security measures as may be required to protect and secure the Premises and any materials, equipment, and furnishings thereon. Under no circumstances shall the City be responsible for any stolen or damaged materials, equipment, and furnishings, nor shall the City be responsible for any stolen or damaged personal property ofBGCM-D and/or the Club's officials, employees, contractors, patrons, guests, invitees, and/or any other third parties. 9.7 BGCM·D's Proposed Capital Improvements and Renovation/Funding and Responsibilities. 9. 7.1 The Club \Yill commence operations pursuant to this Agreement upon the demolition of the existing building on the Premises and the completion of the proposed capital improvements and renovation of the Premises, as hereinafter set forth. The intended scope of the improvements and renovations will be to demolish the existing structure and to construct a new two (2) story structure (on the approximate footprint of the current structure). with the new structure having approximately 10,000 square feet. A sketch of the proposed new structure is attached as Exhibit "A" hereto (the proposed new structure is hereinafter referred to as the "Proposed Improvements"). 13 gsa------------------------- ----------------------------. 9.7.2 This Agreement is made with the understanding and agreement that BGCM·Dwill, at its sole cost and expense, design, develop, and construct the Proposed Improvements, which shall cost no less than $1.5 Million. 9.7.3 The Proposed Improvements will be approved by the City Commission prior to commencement of the project (as hereinafter set forth in Section 9.7.5). The Proposed Improvements shall be the sole cost and expense of BGCM-D. 9.7.4 BGCM-D shall be solely responsible for the design of the Proposed Improvements, and shall obtain all final, non-appealable approvals from City and other applicable regulatory agencies therefore, including approvals by the City acting in both its proprietary regulatory capacity under the City Code and other applicable laws. 9.7.5 Concept Plan Design Approval/Planning Board Review. BGCM-D shall submit, for review and approval by the Mayor and City Conunission at a regularly scheduled meeting, a Concept Plan Design detailing the Proposed Improvements in sufficient detail; the layout and siting (including, without limitation, preliminary elevations identifying the size oftbe building footprint, number of stories, heights); and other improvements and appurtenances proposed upon the Premises. The Concept Plan Design review process shall commence with BGCM-D's submission to the City, through the City Manager, no later than June 1. 2009. The City Manager shall have fourteen (14) Business days to review the Concept Plan Design. Upon conclusion ofhis review and approval, and prior to consideration of the Concept Plan Design by the Mayor and City Commission, BGCM-D shaH submit the Concept Plan Design to the Planning Board, for its review and recommendation, which recommendation shall be no later than September 1,2009. Notwithstanding the preceding paragraph, final approval of the Concept Plan Design will rest with the City Commission. In the event that BGCM-D fails to make its submissions timely, the City Manager may, at his sole option and discretion, (i) grant BGCM-D a good faith extension for said submittal, or (ii) declare the Agreement in default pursuant to Section 27 herein. Additionally, should the City Commission fail to approve the Concept Plan Design by the date which is three (3)) months from the Planning Board's recommendation(s) regarding said Plan, or December 31. 2009, whichever is later, then this Agreement shall automatically terminate and be of no further force or 14 --------------------------gag-------------------------- effect, unless the City Commission deems to grant an extension, at its sole discretion. In the event of automatic termination of this Agreement pursuant to this subsection, each party shall bear its own costs and expenses incurred in connection with this Agreement, and neither party shall have any further liability to the other. 9. 7.6 Preliminaa Plans and Specifications. Upon the City Commission's approval ofthe Concept Plan Design, BGCM-D shall submit to the City (acting in its proprietary capacity through the City Manager) Preliminary Plans and Specifications for the Proposed Improvements, which shall be in accordance with the approved Concept Plan Design and shall include, without limitation , a detailed site plan, elevation drawings of each facade, a detailed floor plan for each of the floors, a calculation of the floor areas for each floor, and a calculation of the total floor area dedicated to each use within the Proposed Improvements (the "Preliminary Plans and Specifications"). BGCM-D shall submit its Preliminary Plans and Specifications to the City Manager for approval within 120 days of the approval of the Concept Plan Design by the City Commission (hereinafter, for purposes of this Section 9. 7 .6, such date shall be referred to as the "Commencement Date"). The City Manager shall have thirty (30) Business days to review the Preliminary Plans and Specifications. If the City Manager disapproves the Preliminary Plans and Specifications, then BGCM-D and the City shall confer in good faith to develop and submit revised Preliminary Plans and Specifications which shall be submitted and reviewed as provided above. Failure ofBGCM-D to obtain the City's final approval of the Preliminary Plans and Specifications within 120 days from the date of City's disapproval shall constitute a termination of this Agreement without any further liability of either party to the other. BGCM-D shall, within sixty (60) days of City Manager's approval ofthe Preliminary Plans and Specifications, submit an application for approval of the design for the Proposed Improvements to the applicable City boards, including, without limitation, the applicable City land use boards (collectively, any and all such City boards shall be hereinafter referred to as the "applicable City boards .. ). BGCM-D shall pursue approval of its applications to the applicable City boards, diligently and in good faith. Failure ofBGCM-D to submit its application(s) to the applicable City boards, by the date which is sixty (60) days from the receipt of City's final approval, as provided above, shall constitute a default under this Agreement. 15 ggo------------------------ 9.7.7 Plans and Specifications. Upon receipt of the City's, and the applicable City boards', approval of the Preliminary Plans and Specifications, BGCM-D shall prepare construction Plans and Specifications for construction of the Proposed Improvements, consistent with the Preliminary Plans and Specifications (as approved by the City and the applicable City boards) 9. 7.8 Construction CommencementJBGCM-D,s Right to Terminate. 9.7.8.1 As conditions precedent to BGCM-D's commencement of construction of the Proposed Improvements, BGCM-D shall obtain a final Full Building Permit for the Proposed Improvements by not more than one (1) year from the Commencement Date, and failure to do so shall constitute a default under this Agreement. BGCM-D shall not commence construction of the Proposed Improvements 'Wll.ess and until (a) BGCM-D shall have obtained and delivered to City copies of all final permits and approvals required to commence construction; (b) BGCM-D shall have delivered to City original certificates of the policies of insurance required to be carried by BGCM-D's contractor(s) (as set forth in Exhibit "B., to this Agreement, attached hereto and incorporated); and (c) BGCM-D shall have obtained and furnished to City a payment and perfonnance bond from BGCM-D's general contractor (the Payment and Performance Bond), in a form reasonably acceptable to City, issued by a surety listed in the most recent U.S. Dept. of Treasury listing of approved sureties, guaranteeing the performance by the general contractor for construction of the Proposed Improvements. The City of Miami Beach, Florida, shall be named as a dual obligee under the Payment and Perfonnance Bond. The City (solely in its proprietary and not in its regulatory capacity) shall reasonably cooperate with BGCM -D in obtaining the permits and approvals required to construct the Proposed Improvements; shall sign any application reasonably made by BGCM-D that is required in order to obtain such permits and approvals; and shall provide BGCM-D with any information and/or documentation not otherwise reasonably available to BGCM-D (if available to City) that is necessary to procure such permits and approvals. Any such accommodation by City shall be without prejudice to, and shall not constitute a waiver of City's rights to exercise its discretion in connection with its regulatory functions. 9.7.8.2 BGCM-D shall, at its expense, (a) commence construction ofthe Proposed Improvements on or before sixty (60) days after all permits and approvals necessary for the 16 991------------------------- commencement of construction are issued, but no later than eighteen (18) months from the Commencement Date (the "Construction Commencement Date"), and (b) thereafter continue to prosecute construction of the Proposed Improvements with diligence and continuity to completion. "Commence Construction" or "Commencement of Construction .. means the commencement of major work (such as pilings or foundations) for construction of the Proposed Improvements. Promptly after commencement of construction, BGCM-D shall notify the City Manager. in writing, of the actual date of such commencement Any and all preliminary site work (including, without limitation, any environmental remediation and ancillary demolition) shall not be deemed to be commencement of construction. If, after BGCM-D has commenced construction, BGCM-D fails to diligently prosecute construction of the Proposed Improvements (subject to unavoidable delays), and such failure continues (subject to unavoidable delays) for thirty (30) consecutive days after BGCM- D's receipt of notice of such failure, the City shall, in addition to all ofits other remedies under this Agreement, have the right to seek such equitable relief (either mandatory or injunctive in nature) as may be necessary to cause diligent and continuous prosecution of construction of the Proposed Improvements (subject to unavoidable delays) by BGCM-D, it being understood that construction of the Proposed Improvements is a material inducement for the City to enter into this Agreement, and monetary damages shall be inadequate to compensate the City for harm resulting from such failure. Notwithstanding anything to the contrary contained herein, if BGCM-D fails to substantially complete construction of the Proposed Improvements by the date provided for in this Agreement, then the same shall constitute a default under this Agreement. 9. 7.8.3 "Unavoidable delays" shall mean delays due to strikes, slowdowns, lockouts, acts of God, inability to obtain labor or materials, war, enemy action, civil commotion, fire, casualty. eminent domain, catastrophic weather conditions, a court order that actually causes a delay in the application of any requirement (unless resulting from disputes between or among the party alleging an unavoidable delay, present or former employees, officers. members, partners or shareholders of such alleging party, or of affiliates of such alleging party). The party alleging unavoidable delay shall notify the other within twenty (20) days of such occurrence; however, failure to do so shall not waive any rights caused by such delay. The times for performance related to the Proposed Improvements set forth in this Agreement shall be extended to the extent perfonnance is delayed by unavoidable delays. 17 992 9.7.9 BGCM·D's Right to Terminate. Notwithstanding anything to the contrary contained herein, BGCM-D shall have the right to be released from its liability and to terminate this Agreement at any time prior to obtaining a final Full Building Permit for.construction of the Proposed Improvements because: (a) changes to the Preliminary Plans and Specifications required by any or all of the applicable City boards, or any other governmental authority (including the City), render the project economically unfeasible in the reasonable business judgment ofBGCM-D; (b) BGCM·D, after good faith efforts. bas been unable to obtain a final Full Building Permit for the Proposed Improvements pursuant to the Plans and Specifications submitted by BGCM-D; or (c) BGCM-D, after diligent, good faith efforts, has been unable to raise the funding required for the Proposed Improvements. In the event of termination of this Agreement pursuant to this subsection, each party shall bear its own costs and expenses incurred in connection with this Agreement, and neither party shall have any further liability tO the other. 9. 7.10 §ubstantial Completion/Completion of Construction. Substantial completion of the Proposed Improvements shall be accomplished in a diligent manner and, in any event, no later than eighteen (18) months from the issuance of a final Full Building Permit. "Substantial completion", as used herein, shall require the issuance of a temporary or final certificate of occupancy by the City of Miami Beach Building Department. Such date may be extended for good cause shown upon request in writing to the City Manager, which extension by the City Manager shall not be unreasonably withheld. Final completion of the Proposed Improvements, shall be accomplished in a diligent manner, in a good and workmanlike manner, in substantial accordance with the Plans and Specifications (with no material deviations except as expressly permitted herein), and at BGCM-D's sole cost and expense. Upon Substantial Completion of Construction of the Proposed Improvements, BGCM-D shall furnish the City Manager with the following: (a) a certification from BGCM-D's architect (certified to City on the standard AlA certification form) that it has examined the Plans and Specifications and that, in its professional judgment, after diligent inquiry, construction of the Proposed Improvements has been Substantially Completed in accordance with the Plans and Specifications applicable thereto and, as constructed, the Proposed Improvements comply with all applicable codes and laws; 18 993------------------------- (b) a copy or copies of the temporary and final certificates of occupancy for the Proposed Improvements issued by the City of Miami Beach Building Department; (c) lien waivers (in form and substance reasonably satisfactory to the City Manager) from each contractor, subcontractor, supplier or materialman retained by or on behalf of BGCM-D in connection with the construction of the Proposed Improvements, evidencing that such persons have been paid in full for all work performed or materials supplied in connection with the construction of the Proposed Improvements; (d) a complete set of"as built" plans and a survey showing the improvement(s} for which the construction of the Proposed Improvements has been completed. The City shall have an unrestricted license to use such "as built" plans and survey for any purpose related to the Premises without paying any additional cost or compensation therefore, The foregoing requirement with respect to "as built" plans shall be satisfied by BGCM-D furnishing to the City Manager, a complete set of Plans and Specifications, with all addenda thereto and change orders in respect thereof, marked to show all changes, additions, deletions and selections made during the course of the construction of the Propos~ Improvements; and (e) a Contractor's Final Affidavit (in form and substance reasonably satisfactory to the City Manager) executed by the General Contractor (i) evidencing that all contractors, subcontractors, suppliers and materialmen retained by or on behalf of BGCM-D in connection with the construction of the Proposed Improvements have been paid in full for all work performed or materials supplied in connection with the construction of the Proposed Improvements, and (ii) otherwise complying with all of the requirements under the Florida Construction Lien Law, Chapter 713, Florida Statutes, as amended. Construction of the Proposed Improvements shall be carried out pursuant to Plans and Specifications prepared by licensed architects and engineers, with controlled inspections conducted by a licensed architect or professional engineer as required by applicable requirements. Upon Substantial Completion of the Proposed Improvements, BGCM-D shall certify to City that it has, in fact, expended not less than the required minimum amount(s) for total construction costs. 19 994 Any and all construction, once commenced, must be carried through continuously to completion, but any interruption or delay in the doing and completion of the work which shall have been caused by act of God, public enemy, or strike, or natural casualty, or other circumstances not occasioned by or attributable to the fault, default or neglect of BGCM-D shall not be deemed to cause BGCM -D to be in default under this Agreement, so long as BGCM-D exercises due diligence to cause the work of construction to be carried through to completion as promptly and expeditiously after the commencement thereof as possible. 9.7.11 Exteasions for Performance. The times for performance related to the design and construction of the Proposed Improvements, as set forth in this Section 9. 7, may be extended for good cause shown, upon request in writing to the City Manager, which extension by the City Manager shall not be unreasonably withheld. SECfiONlO. ANNUAL REPORTS FOR USE OF PREMISES/CITY USE OF PREMISES. 10.1 BGCM-D shall provide an annual written report of the activities, services, programs, uses and events scheduled on the Premises and, with each such report, shall report on the activities, services,· programs, uses and events which actually occurred, and the number of persons participating. Any revenue-generating uses conducted from the Premises must be in accordance with the approved uses in Section 4 and consistent with Section 6.1 of the Agreement. All revenues received by BGCM-D in connection with such uses shall be dedicated exclusively to help fund BGCM-D's management, operation, and maintenance of the Premises. In the event thatrevenue(s) pertaining to the Club exceed expenses during a particular budget year, the City and BGCM-D agree that such excess, if any, shall first be applied to offset any of the capital improvements and/or infrastructure maintenance costs (as set forth in Section 9.1), and may. thereafter, be applied by BGCM-D to support other programming ofBGCM-D. For purposes herein, ''revenues" sball also be deemed to include public/private grant funding, and unrestricted donations and contributions received by BGCM-D specifically ear-marked toward the operation, management and programming of the Club. No portion of the net earnings resulting from the activities ofBGCM-D on the Premises shall inure to the benefit of any private individual. 20 ggs-------------------------- Notwithstanding the foregoing, the City Manager, shall have the absolute and final authority in overseeing BGCM-D, s activities with regard to this Agreement and its operation and management of the Premises, such that the City is assured that the Premises are being operated and utilized in accordance with the terms of this Agreement. 10.2 Use by the City. BGCM-D and the City have agreed that the Proposed Improvements will provide a multi-purpose recreational facility for boys and girls that can also be used by the City for public meetings and substantially similar purposes so long as they do not materially interfere with the operation of the Club by BGCM-D. Accordingly, and consistent with the intent of the preceding sentence, the City shall have the right to use the Premises, or any part thereof, subject to availability, for City-sponsored public meetings, training, and classes, as may be reasonably deemed necessary and appropriate by the City Manager. Any City use of the Premises shall be without the payment of any rental or use fee, except that direct out-of-pocket expenses incurred in connection with such uses shall be paid by the City (including without limitation, reasonable out of pocket expenses incurred by BOCM-D in order to open and make the Premises available in connection with such City use). BGCM-D and the City agree to develop mutually acceptable guidelines and regulations for City use of the Premises. SECTION H. BGCM-D•s CONTRIBUTION. The City and BGCM-D herein agree that a vital componentofBGCM-D's mission statement with respect to this Agreement, is to use its best efforts to obtain public/private funding contributions for the design and construction of the Proposed Improvements and, thereafter, for the continuous operation, management, and maintenance of the Club in accordance with the highest levels of service. Accordingly, BGCM-D hereby represents that it shall use its best efforts with respect to undertaking a coherent an~ consistent grants writing and submittal effort, not only to fund the Proposed Improvements, but to fund the continued management, operation, and maintenance of the Club and of the Premises. . Throughout the Term of this Agreement, and as further consideration for this Agreement, BGCM-D shall also use its best efforts to obtain public/private grant funding and individual/corporate contributions, not only for such other capital renovations and improvements as may be mutually agreed to by the parties hereto but, more importantly, for the continued operation, 21 ggs------------------------- support and maintenance of the Premises (as required to effectively sustain the goals and priorities and approved uses contemplated in this Agreement). BGCM-D hereby represents that such approved uses shall, throughout the Term of this Agreement, be funded and operated at BGCM-D's sole cost and expense. It is the intent of the City and BGCM-D that BGCM-D will use best efforts to increase its funding for the maintenance, management/operation, and programming of the Premises, and toward sustaining and increasing the goals and priorities and approved uses, on a continuing basis. BGCM-D further acknowledges and understands that the City shall in no way be obligated to supplement and/or otherwise contribute any funds for the Proposed hnprovements, or for BGCM-D' s day-to-day operation and maintenance of the Premises, except as may be otherwise set forth in this Agreement. SECTION 12. ASSIGNMENT. BGCM-D may not assign this Agreement, or any part thereof, without the prior written approval of the City, which approval shall be given, if at all, at the sole discretion of the Mayor and City Commission. This Agreement is made with the understanding that BGCM-D shall at all times, thro~ghout the Term of this Agreement, remain a not-for-profit corporation. In the event that BGCM-D ceases to be a not-for-profit corporation, or the City, through the City Manager, in his reasonable discretion and judgment, determines that the Club is not being used for the stated purposes in Section 4, this Agreement shall be subject to termination upon thirty {30) days written notice by the City to BGCM-D. SECTION 13. USE OF THE CLUB IS PRIMARY. The Club and the Premises are for the use of the public, for the approved uses consistent with Section 4, and the public's right to such use shall not be infringed upon by any act ofBGCM-D. SECTION 14. PERMITS; LICENSES. BGCM-D agrees to obtain and pay for all permits and licenses necessary for the conduct of its operation and activities on the Premises and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by BGCM-D and/or the Club. BGCM-D shall also be solely responsible for payment of any and all taxes levied on the Premises 22 997------------------------- and its operations. In addition, BGCM-D shall comply with all rules, regulations and laws of the City; Miami-Dade County; the State of Florida; and the U.S. Government, now in force or hereafter to be adopted, and as same may be amended from time to time. SECTION IS. LICENSES/PERMITS, ASSESSMENTS. 15.1 Licenses, Permits, Utilities. UTILITIES, TAXES, AND BGCM-D shall pay any fees imposed by law for licenses or permits for any uses or activities ofBGCM-D upon the Premises, and shall pay to the City, before delinquency, any and all charges for utilities on the Premises (including, without limitation, water, electricity, gas, heating, cooling, sewer and telephone, trash collection, etc.). 15.2 Procedure If Taxes Assessed. BGCM-D agrees to, and shall pay before delinquency, all taxes and assessments of any kind assessed or levied, whether upon BGCM-D or the Premises, by reason of this Agreement or by reason of any business(es) or other activity(ies) of BGCM-D upon or in connection with the Premises. The parties agree that BGCM-D's operation and use(s) of the Premises is for public purposes and, therefore, no ad valorem taxes should be assessed by the Miami-Dade County Tax Appraiser. If, however, said taxes are assessed by the Property Tax Appraiser. BGCM-D shall be solely responsible for payment of same. SECTION16. SIGNAGE. BGCM-D shall provide, at its sole cost and expense, any required signage on the Premises, subject to the prior written consent of the City Manager (which shall not be unreasonably withheld or delayed), and subject further to all applicable planning and zoning requirements of the City. SECTION 17. FORCE MAJEURE. 17.1 The performance of any act by BGCM-D or the City hereunder may be delayed or suspended at any time while, but only so long as. either party is hindered in or prevented from performance by acts of God (including without limitation hurricanes), the elements of war, rebellion, 23 strikes, lockouts, fire, explosion, or any other casualty or occurrence not due to BGCM-D's and/or the City's negligence and beyond the reasonable control of the parties. 17.2 Premises Unusable. In the event a Force Majeure renders the Premises untenantable, in whole or in part, as determined in the reasonable judgment and discretion of the City Manager, the City may, at its sole option and discretion: (i) elect, as soon as practicable, to utilize insurance proceeds (if applicable) to repair the damaged property, and the Term of the Agreement shall be abated until such time as BGCM-D may re-open the Club after restoration or repair of the damaged property; or (ii) elect not to repair or restore the damaged property and, in such event (and provided further that BGCM-D does not elect, and/or does not comply with the procedures for BGCM-D's repair of the Premises using its own funds), this Agreement shall be terminated as of the date of said occurrence of damage or casualty. Notwithstanding the preceding sentence, in the event: (a) the City elects not to restore or repair the damage; (b) BGCM-D gives written notice to the City Manager, within sixty (60) days of the casualty, that BGCM-D is willing to undertake the repair of the damage with its own or other available funds; (c) within twelve (12) months following such notice, BGCM-D proves, to the City Manager• s reasonable satisfaction and discretion, that it has adequate funds immediately available to undertake the repair; and (d) the City and BGCM-D, each acting in its reasonable discretion, agree within a reasonable time (but not to exceed six ( 6) months unless otherwise extended in writing by City Manager) after the City Manager deems that BGCM-D has demonstrated that it has adequate funds to undertake the repair, to the conditions, timing, plans, procedures, contractors, subcontractors, disbursement mechanisms, and other matters with respect to the repair, then (and in that event) BGCM-D shall be entitled to effect the repair with its own funds; provided that BGCM-D must complete any and all repairs and/or restoration no later than eighteen ( 18) months from the date of the City Manager's approval ofBGCM-D's funding capability. SECTION 18. INSPECTION. BGCM-D agrees that the Premises may be inspected at any time upon reasonable notice (whether written or verbal) by the City Manager and/or or his authorized representatives, or by any other State, County, Federal, and/or municipal officer or agency having responsibilities for inspections of the Premises and/or any operations thereon. BGCM-D agrees to immediately 24 999 undertake the correction of any deficiency cited by such inspectors on the Premises, which is the sole responsibility ofBGCM-D pursuant to this Agreement. The City Manager and/or his authorized representatives, shall have the right to enter upon the Premises at all reasonable times to examine the condition and use thereof (including, without limitation, for the purpose of assessing the condition of the facility, as also referenced in Section 7.1 (e), provided that such right shall be exercised in such manner so as not to materially interfere with BGCM-D's activities on the Premises. Notwithstanding the preceding paragraph or anything contained in this Agreement, if the Premises are damaged by fire, windstorm or by other casualty that causes the Premises to be exposed to the elements, then the City may enter upon the Premises, without notice to BGCM-D, to make emergency repairs; but if the City exercises its option to make emergency repairs, such act or acts shall not be deemed to excuse BGCM-D from its obligation to keep the Premises in repair. If City makes any emergency repairs pursuant to the terms hereof, BGCM-D shall reimburse the City for all such repairs upon receipt by BGCM-D of City's notice of repairs made and statement and proof of costs incurred. SECTION 19. WAIVER OF INTERFERENCE. BGCM-D hereby waives all claims for compensation for loss or damage sustained by reasons of any interference with its operation and management of the Premises by any public agency or official as a result of their enforcement of any laws or ordinances or of any of the rights reserved to the City herein. Any such interference shall not relieve BGCM-D from any obligation hereunder. SECTION20. INSURANCE REQUIREMENTS. 20.1 BGCM-D shall maintain, at BGCM-D's sole cost and expense, the following types of insW"ance coverage at all times throughout the term of this Agreement: a. General liability insurance with not less than the following limits, subject to adjustment for inflation: General aggregate $2,000,000 Personal and advertising (injury) (Per occurrence) $1,000,000 $1,000,000 25 1ooo------------------------- Fire damage Medical Expense $ 100,000 $ 5,000 b. Workers Compensation Insurance shall be required under the Laws of the State of Florida. c. Automobile Insurance shall be provided covering all owned, leased, and hired vehicles and non-ownership liability for not less than the following limits, subject to adjustment for inflation (only ifBGCM-D provides transportation services): Bodily Injury $1,000,000 per person Bodily Injury $1,000,000 per accident Property Damage $ 500,000 per accident e. Fire Insurance shall be the responsibility ofBGCM-D. The policies of insurance referred to above shall not be subject to cancellation. or changing coverage, except upon at least thirty (30) days written notice to the City, and then subject to the prior written approval of City Manager. BGCM-D shall provide City with a Certificate of Insurance for each such policy, which shall name the City ofMiami Beach, Florida as an additional named insured. All such policies shall be obtained from companies authorized to do business in the State ofFlorida with an A.M. Best's Insurance Guide (latest edition) rating acceptable to the City, through its Risk Manager, and any replacement or substitute company shall also be subject to the approval of the City, through its Risk Manager. Should BGCM-D fail to obtain, maintain or renew the policies of insurance referred to above, in the required amounts, the City may. at its sole discretion, obtain such insurance, and any sums expended by the City in obtaining said insurance, shall be repaid by BGCM- D to the City, plus ten percent (10%) ofthe amount of premiums paid to compensate City for its administrative costs. IfBGCM-D does not repay the City's expenditures within fifteen (15) days of demand, the total sum owed shall accrue interest at the rate of twelve percent (12%) until paid, and such failure shall also be deemed an event of default hereunder. 20.2 Adjustment of Limits. All of the limits of insurance required pursuant to this Section 20 shall be subject to review by the City and, in connection therewith, BGCM -D shall carry or cause to be carried such additional 26 1001------------------------ amounts as City may reasonably require from time to time, but City may not impose such new limits any more frequently than once in every ten (10) year period from the Commencement Date. Any request by City that BGCM-D carry or cause to be carried additional amounts of insurance shall not be deemed reasonable unless such additional amounts are commonly carried in the case of similar projects in South Florida of a size, nature and character similar to the size, nature and character of the Premises and the Club. SECTIONll. INDEMNIFICATION. 21.1 BGCM-D shall indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, including, but not limited to, reasonable attorneys fees and coSt(s) arising out of error, omission, or negligent act ofBGCM-D, and/or its officers, agents, servants, employees, contractors, or volunteers under this Agreement. ll.l In addition, BGCM-D shall indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any claim, demand or cause of action of whatever kind or nature arising out of any willful misconduct ofBGCM-D not included in Section 21.1 and for which the City, its officers, agents, servants or employees are alleged to be liable. This subsection shall not apply, however, to any such liability as may be the result of the gross negligence or willful misconduct of the City, its officers, agents, servants or employees. 21.3 Subroption. The terms of insurance policies referred to in Section 20 shall preclude subrogation claims against BGCM-D, the City and their respective officers, agents, servants, and employees. 21.4 The provisions of this Section 21 shall survive the termination and/or expiration of this Agreement. SECTION22. NO LIENS. BGCM-D agrees that, it will not suffer, or through its actions or anyone under its control or supervision, cause to be filed upon the Premises any lien or encumbrance of any kind. In the event any lien is filed, BGCM-D agrees to cause such lien to be discharged within ten (1 0) days therefrom, 27 1002------------------------ ----------- and in accordance with the applicable law and policy. If this is not accomplished. the City may automatically terminate this Agreement, without further notice to BGCM-D. SECTION 23. BGCM~D EMPLOYEES AND MANAGERS. l3.1 The City and BGCM~D recognize that in the performance of this Agreement, it shall be necessary for BGCM-D to retain qualified individuals to effectuate and optimize BGCM- D's management and operation of the Premises. Any such individuals, whether employees, agents, independent contractors, volunteers, and/or other, retained by BGCM-D for such purpose(s) shall not be deemed to be agents, employees, partners, joint ventw'ers or associates of the City, and shall not obtain any rights or benefits under the civil service or pension ordinances of the City or any rights generally afforded classified or unclassified employees of the City; further they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the City. Additionally, BGCM-D, and/or any employees, agents, independent contractors, volunteers, and/or others, acting under the authority and/or with the permission ofBGCM-D for the purpose set forth herein, shall never have been convicted of any offense involving moral turpitude or felony. Failure to comply with this Section shall constitute cause for the termination of this Agreement. BGCM-D shall have an experienced manager or managers overseeing the Premises at all times. Any criminal activity on the Premises caused by or knowingly permitted by BGCM-D shall result in automatic termination of this Agreement. 23.2 Contract Administration. a. The City's contract administrator shall be the City Manager and/or his authorized designee. BGCM-D shall name a specific individual to serve as its contract administrator. b. The City's contract administrator shall have the authority to give all approvals for the City while administering this Agreement, with the exception of items which would require City Commission approval. The City's contract administrator: (i) Shall be the liaison between the City and BGCM-D on all matters relating to this Agreement. 28 (ii) Shall be responsible for ensuring that any information supplied by BGCM-D is property distributed to the appropriate City departments. (iii) Shall be responsible for contract compliance by BGCM-D (including, without limitation, BGCM-D's activities, programming, operations, management, and maintenance of the Premises). c. BGCM-D shall name an individual who shall serve as the general manager of the Club and who: SECTION24. (i) Shall be the liaison between the City and BGCM-D on all matters relating to this Agreement. (ii) Shall be responsible for the day-to-day management and supervision of the Premises. (iii} Shall be responsible for providing supervision and direction to BGCM-D and/or the Club's employees, agents, contractors, volunteers, and/or others. NO IMPROPER USE. BGCM-D will not use, and shall use its reasonable efforts to not suffer or permit any person to use, in any manner whatsoever, the Premises for any improper, immoral or offensive purpose, or for any purpose in violation of any Federal, State, County, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. Should BGCM-D become actually aware of any such use by any person, it shall take corrective action in a reasonable amount of time to stop such use. BGCM-D shall not use the Premises for any unlawful purpose and shall comply with all laws, permitting, and licensing requirements now in force or hereafter adopted, applicable to the Premises or the uses and activities conducted on the Premises. BGCM-D agrees not to use (or to permit operation of) the Premises for any offensive or dangerous activity, nuisance, or anything against public policy. Except as may result from acts of force majeure, BGCM-D agrees that it will not allow the Premises to become unoccupied or vacant. 29 1004------------------------- SECTION25. NO DANGEROUS MATERIALS. BGCM-D agrees not to use or permit in the Premises the storage of illuminating oils, oil lamps, turpentine, gasoline, benzene, naphtha, or other similar substances, or explosives or any kind, or any substance or thing prohibited in the standard policies of :fire insurance companies in the State of Florida. BGCM-D shall take appropriate precautions to prevent fire on the Premises, maintaining existing fire detection devices and extinguishing equipment at all times. SECTION 26. NO CLAIM AGAINST CITY OFFICERS, EMPLOYEES, INDMDUALS. It is expressly understood and agreed by and between the parties hereto that all individuals, employees, officers, and agents of the City are acting in a representative capacity and not for their own benefit; and that neither BGCM-D, nor any of its employees, agents, contractors, volunteers, guests, invitees, and/or others, shall have any claim against them or any of them as individuals in any event whatsoever in conjunction with any acts or duties which are reasonably related to the performance of their duties. SECTION27. DEFAULT AND TERMINATION. If either party fails to perform in accordance with any of the terms and conditions of this Agreement, and such default is not cured within thirty (30) days after written notice is given( or if not curable within thirty (30) days, the party has begun to take curative action within thirty (30) days and is continuing to pursue such cure), the aggrieved party shall have the right to terminate this Agreement and, as the case may be, either vacate or re-enter the Premises, without further notice or demand. At its option, either party may also pursue any and all legal remedies available to seek redress for such default. The default and termination rights afforded the parties in this Section 27. shall in no way limit or otherwise preclude the City from exercising such other rights to terminate this Agreement, as may be expressly provided in other sections hereto. SECTION28. PROCEDURE UPON EXPIRATION AND/OR TERMINATION BY CITY 28.1 BGCM-D shall, on or before the last day of the Term herein, or the sooner termination thereof, peaceably and quietly leave, surrender and yield unto the City, the Premises, 30 1oos------------------------ together with any and all fixtures located at or on the Premises and used by BOCM~D in the maintenance, management or operation of the Premises, excluding any equipment, furnishings, appliances or other personal property which can be removed without material injury to the Premises, free of all liens. claims and encumbrances and rights of others, and broom~lea14 together with all structural changes, alterations, additions, and improvements which may have been made upon the Premises, in good order, condition and repair, reasonable wear and tear excepted; subject, however, to the subsequent provisions of this subsection. Any property which pursuant to the provisions of this subsection is removable by BGCM-D on or at the Premises upon the termination of this Agreement and is not so removed may, at the option of the City, be deemed abandoned by BGCM-D, and either may be retained by the City as its property, or may be removed and disposed of by City, at the sole cost of BGCM-D, in such manner as the City may see fit. If the Premises are not surrendered at the end of the Tenn as provided in this subsection. BGCM-D shall make good to the City all damages which the City shall suffer by reason thereof, and shall indemnify the City against all claims made by a succeeding occupant (if any), so far as such delay is occasioned by the failure of BGCM-D to surrender the Premises as and when herein required. 28.2 BOCM-D covenants and agrees that it will not enter into agreements (whether express or implied) relating to the Premises for a period of time beyond the stated expiration date of this Agreement. §ECTION29. TERMINATION FOR LACK OF FUNDS. In the event that BGCM-D loses its funding, such that it can no longer manage. operate, and maintain the Club and the Premises in accordance with the goals and priorities and uses herein, then the City may. at its sole option and discretion: (i) supplement any lack or loss of funds in order to allow BGCM-D to continue to manage and operate the Club; or (ii) terminate this Agreement pursuant to Section 27 hereof. SECTIQN30. NOTICES. All notices from the City to BGCM-D shall be deemed duly served if mailed by registered or certified mail to BGCM-D at the following address: Boys and Girls Clubs of Miami-Dade. Inc. 31 1006------------------------ Attention: Alex Rod.riguez-Roig ,Executive Director 2805 SW 32 AvenUe Miami, FL 33133 -.. ----·---------------, All notices from BGCM-D to the City shall be deemed duly served if mailed to: with copies to: City of Miami Beach City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 City of Miami Beach Attention: Director of Parks 1700 Convention Center Drive, 3rd Floor Miami Beach, Florida 33139 BOCM-D and the City may change the above mailing addressed at any time upon giving the other party written notification. All notice under this Agreement must be in writing. SECTION31. NO DISCRIMINATION. BGCM-D agrees that there shall be no discrimination as to race, sex, color, creed, national origin, physical hatidicap, or sexual orientation in the operations referred to by this Agreement; and further, there shall be no discrimination regarding any use, service, maintenance or operation of the Premises. All facilities located on the Premises shall be made available to the public; subject to the right ofBGCM-D to establish and enforce reasonable rules and regulations to provide for the safety, orderly operation, and security of the facilities. SECTION 32. VENUE/WAIVER OF JURY TRIAL/DISPUTE MEDIATION. 32.1 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 ofFlorida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND BGCM-D EXPRESSLY W ANEANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVil.. LmGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 32 ---------------------------1007 ________________________ __ 3l.l If a dispute arises out of, or related to, this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation. the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association, or other similar alternative dispute resolution organization. person or source agreeable to the parties, before resorting to litigation or other dispute resolution procedure. SECTION33. INTENTIONALLY OMITTED SECTION34. MISCELLANEOUS PROVISIONS. 34.1 City's Governmental Capacity. Nothing in this Agreement or in the parties' acts or omissions in connection herewith shall be deemed in any manner to waive, impair, limit or otherwise affect the authority of the City in the discharge of its police or governmental power. 34.2 Entire Agreement. (a) Entire Agreement This Agreement, together with the attachments hereto, contains all of the promises, agreements, conditions, inducements and understandings between City and BGCM- D concerning the operation and management of the Premises, and there are no promises, agreements, conditions, understandings, inducements, warranties or representations, oral or written, express or implied, between them other than as expressly set forth herein and in such attachments thereto or as may be expressly contained in any enforceable written agreements or instruments executed simultaneously herewith by the parties hereto. (b) Waiver. Modification. etc. No covenant, agreement, term or condition of this Agreement shall be changed, modified, altered, or waived except by a written instrument of change, modification, alteration, or waiver executed by City and BGCM-D. No waiver of any default shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent default thereof. 33 --------------------------1ooa-------------------------- . ··--··· -· ···-----------------·-·---· 34.3 Remedies CumuJative. Each right and remedy of either party provided for in this Agreement shall be cumulative and shall be in addition to every other. right or remedy provided for in this Agreement, or now or hereafter existing at law or in equity or by statute or otherwise (except as otherwise expressly limited by the terms of this Agreement), and the exercise or beginning of the exercise by a party of any one or more of the rights or remedies provided for in this Agreement, or now or hereafter existing at law or in equity or by statute or otherwise (except as otherwise expressly limited by the terms of this Agreement), shall not preclude the simultaneous or later exercise by such party of any or all other rights or remedies provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise (except as otherwise expressly limited by the terms of this Agreement). 34.4Performanee at Eaeh Partv's Sole Cost and Expense. Unless otherwise expressly provided in this Agreement, when either party exercises any ofits rights, or renders or performs any of its obligations hereunder, such party shall do so at its sole cost and expense. 34.5Time is of the Essence. Time is of the essence with respect to all matters in, and requirements of, this Agreement as to both City and BGCM-D including, but not limited to, the times within which BGCM-D must commence and complete construction of the Proposed Improvements. 34.6 No Representations. City and BGCM-D have made no representations herein as to the condition of the Premises. 34.7 Partnership Disdaimer. BGCM-D acknowledges, represents and confirms that it is an independent contractor in the performance of all activities, functions, duties and obligations pursuant to this Agreement. The parties hereby acknowledge that it is not their intention to create between themselves a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership or agency relationship for the purpose of this Agreement, or for any other purpose whatsoever. Accordingly, notwithstanding any expressions or provisions contained herein, nothing in this Agreement, shall be 34 1oog------------------------ construed or deemed to create, or to express an intent to create a partnership, joint venturet tenancy- in-common, joint tenancy, co-ownership, or agency relationship of any kind or nature whatsoever between the parties hereto. The provisions of this Section 34.7 shall survive termination and/or expiration of this Agreement. 34.8 Not a Lease. It is expressly understood and agreed that no part. parcel, building, structure, equipment or space is leased to BGCM-D; that this Agreement is a management agreement and not a lease, and that BGCM-D's right to operate, manage, and maintain the Premises shall continue only so long as BGCM·D complies with the undertakings, provisions, agreements, stipulations and conditions of this Agreement. Accordingly, BGCM-D hereby agrees and acknowledges that in the event of termination of this Agreement, whether due to a default by BGCM-D or otherwise, BGCM-D shall surrender and yield unto the City the Premises, in accordance with Section 28 hereof, and the City shall in no way be required to evict and/or otherwise remove BGCM-D from the Premises as if this were a tenancy under Chapter 83, Florida Statutes, nor shall BGCM-D be afforded any other rights afforded to nonresidential tenants pursuant to said Chapter (the parties having herein expressly acknowledged that this Agreement is intended to be a management agreement and is in no way intended to be a lease). 34.9 No Third Party Rights. Nothing in this Agreement, express or implied, shall confer upon any person, other than the parties hereto and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. 35 1010------------------------ IN WITNESS WHEREOF~ the parties hereto have caused their names to be signed and their seals to be affixed; all as of this day and year first written above. CITY OF MIAMI BEACH A~s: ~~~ttck. City Clerk ~~~ Attest: Secretary STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) ) SS: 1 Thefo~o· · entwasac¥q~l~edbeforemethisft't.yof ~ • 200'/, by Mayor · ~1 J.t/NP,Crty Clerk, or their designees respectively, on behalf of the CITY OF BEACH.'known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this .J!f..!!d.ay of ~ .. :-~..., ~ . EXPIRES: Mly 3,2011 IIOIIdei!TtwuNillllYPIMC~ Notary .7iorl'4!::~t Large Commission No.: My Commission Expires: 36 tf '20qg . 1011------------------------ STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) ) SS: Cf The foregoing instrument was acknowledged before me this _!2_ day of ::r '-=> n e , 200~, by ~u \ J1'terroo\ t-6os \..ap-?..on behalf of the Boys and Girls Clubs ofMiami-Dade, Inc., known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. WTINESS my hand and official seal, this JL day of -;:fvY1e.. ~~!_,&-; .. -;tmy Public, State of Florida at Large Commission No.: My Commission Expires: 37 '200fl. i Notarv !)ubllc Slate of Floridl RaQUtl FAITlandez Mv ("'.arnmisSioo 00509180 EJCpires 0112M010 1012------------------------- EXIDBIT "A" [SKETCH OF PREMISES] 38 r-··------E~E5!!!!!!E!!!!I!IIiiiiO~~===;;;;;;;;;a555!E!!!!!!!IIIi~~--------c •a•~ t - j .... § I (.? ~ ~ ~ I ~ !llllllllllll1 ~ ~ UlllD UlllD ~ ..... - ~ oo 0 o ~~~ ~ ~ 0 d'IO 0 N!PN MOI>V.IJoR •WU>IN45 •'J"• 1<0'( AI_ C.0NC.,6T5 OONC6M"S FOR, D t ' -------------------------1014 ________________________ __ - - •••• • • • • •••• • • • • • • • • • • • • • • • • • • • • -~ ....... ~~~"'""" -· - • • • • • • • • EXHIBIT "B" INSURANCE REQUIREMENTS 1. Worker's compensation insurance covering all employees of the Contractors (as required by the laws of the State of Florida) and employer's liability insurance of not less than One Million Dollars ($ 1,000,000) per occurrence. 2. Comprehensive general liability insurance in an amount of not less than One Million Dollars ($1 ,000,000) per occurrence and Two Million Dollars ($2,000,000) annual aggregate covering personal injury and property damage. Such coverage shall include, but not be limited to, the following: i. Blanket contractual liability insurance covering all indemnity or hold hannless agreements. ii. Protective liability insurance for the operation of the Independent Contractors. 111. XCU coverage (explosion, collapse or damage to underground property). iv. Products and completed operations (for two (2) year extension beyond completion of project). v. Sexual Molestation/ Abuse of a minor 3. Excess umbrella liability insurance with a limit of not less than Three Million Dollars ($3,000,000) per occurrence and in the aggregate in excess of the above mentioned insurance, which shall be required only in any "wrap up" policy. a) BGCM-D may cause the insurance listed in this subsection to be provided through an overall "wrap up" policy, in lieu of individual policies provided by Contractors. b) Comprehensive automobile insurance in an amount of not less than Two Million Dollars ($2,000,000) combined single limit for bodily injury and property damage covering all owned, non-owned or hired vehicles, trailers or semi-trailers, including any machinery or apparatus attached thereto. 4. Builder's Risk Insurance (standard "All Risk" or equivalent coverage) in an amount not less than the cost of construction, written on a completed value basis or a reporting basis, for property damage protecting BGCM~D, City, and BGCM-D's General Contractor, with a deductible of not more than Fifty Thousand Dollars ($50,000). subject to adjustment for inflation (except as to flood and windstonn, with regard to which the deductible shall be a commercially reasonable amount). 5. Comprehensive automobile insurance in an amount of not less than Two Million Dollars ($2,000,000) combined single limit for bodily injury and property damage covering all owned, non-owned or hired vehicles, trailers or semi-trailers, including any machinery or apparatus attached thereto. 39 1016 Securities Account Exclusive Control Agreement This Securities Account Exclusive Control Agreement (the "Securities Account Agreement") is made and entered into this day of , 2013, by and between Raymond James & Associates, Inc. ("Broker"), the City of Miami Beach (the "City") and Boys and Girls Clubs of Miami-Dade, Inc. ("Customer'' or BGCM-0"). WITNESSETH WHEREAS, the undersigned parties warrant and represent as follows: 1. The City and BGCM-D have entered into that certain Management and Operation Agreement, dated November 5, 2008 ("Management Agreement"), which entails the demolition of an existing one story Boys and Girls Club facility, having approximately 4,450 square feet, and the construction of a new two story modular Facility, having approximately 10,000 square feet ("Proposed Improvements"), located within Flamingo Park, at 1200 Meridian Avenue, Miami Beach, Florida 33139 ("Premises"). 2. Pursuant to Section 9.7.8.1 of the Management Agreement, BGCM-D's contractor is required to post a Payment and Performance Bond, guaranteeing the construction of the Proposed Improvements at the Premises ("Bond Requirement"). 3. Pursuant to Section 9. 7 .8.1 of the Management Agreement and Exhibit "B" attached thereto, BGCM-D's contractor is required to secure Builder's Risk /Installation Floater Insurance, covering 100% of the construction value (building and material), until acceptance of the Proposed Improvements by the City ("Builders Risk Requirement"). 4. The City and BGCM-D have agreed to modify the terms of the Management Agreement, by virtue of Amendment No. 1 to the Management Agreement, whereby the Bond Requirement and Builders Risk requirement shall be replaced with a securities account, having a value of $1,200,000.00, providing the City with exclusive Control over the assets of said Securities Account. 5. Broker maintains a securities account number , having a value equal to or in excess of $1,200,000.00 for Customer ("Restricted Securities Account"). 6. Exhibit A is a statement produced by Broker in the ordinary course of its business regarding the property credited to the Restricted Securities Account at the statement's date. Broker does not know of any inaccuracy in said statement. 7. Broker does not know of any claim to or interest in the Restricted Securities Account, except for claims and interests of the parties referred to in this Securities Account Exclusive Control Agreement ("Securities Account Agreement"). NOW, THEREFORE, in consideration for the mutual covenants and agreements hereinafter contained, it is agreed as follows: I. Priority and Exclusive Control by City. Broker subordinates, in favor of the City, any security interest, lien, or right to setoff it may have, now, or in the future, against this Securities Account Agreement. Control of the Restricted Securities Account is hereby transferred to the City, in accordance with this Securities Account Agreement. Exhibit "2" 1017 Securities Account Agreement between Raymond James, City and Boys and Girls Club August 18, 2013 Page 2 II. City's request for entitlement orders, sale, transfer or redemption of assets. In the event The City deems, in its sole and absolute discretion, that an event normally covered by the Bond Requirement or Builders Risk Requirement needs to be paid, the City may issue an entitlement order, including the sale, transfer or redemption of the property/assets in the Restricted Securities Account. The City shall present Broker with a resolution from the Mayor and City Commission of the City of Miami Beach, Florida ("City Commission"), containing instructions with respect to the property being held in said Restricted Securities Account ("Disbursement Instructions"). Broker shall promptly and unconditionally comply with said Disbursement Instructions without further consent from Customer. Ill. Customer's rights in Restricted Securities Account. During the time this Restricted Securities Account is open, Broker shall not: a) comply with entitlement orders or other directions from Customer concerning this Restricted Securities Account; and/or b) distribute to Customer interest and dividends on the property/assets in the Restricted Securities Account. In addition, Customer may not withdraw property/assets from the Restricted Securities Account and further warrants and represents that it will not use any loan proceeds associated with or arising out of this Securities Account Agreement for the purchase of investment securities with Broker, any affiliate of Broker, or with any other investment or securities firm. IV. Statements. Confirmations. and Notices of Adverse Claims. Broker will send copies of all statements and confirmations for the Restricted Securities Account simultaneously to Customer and the City. Broker will use reasonable efforts to notify promptly the City and Customer if any other person claims that it has a property interest in the Restricted Securities Account. V. Broker's Responsibility. With the exception of permitting a withdrawal, delivery, or payment in violation of sections II and Ill, Broker will not be liable to Customer for complying with this Securities Account Agreement or with any entitlement orders originated by the City, even if Customer notified Broker that the City is not legally entitled to issue the entitlement order, unless: a) Broker takes action after is served with an injunction, restraining order, or other legal process enjoining it from doing so, issued by a court of competent jurisdiction, and has a reasonable opportunity to act on the injunction, restraining order or other legal process, or 1018 -----------------------------~----------------------------------------~ Securities Account Agreement between Raymond James, City and Boys and Girls Club August 18, 2013 Page 3 b) Broker acts in collusion with the City in violating Customer's rights. This Restricted Securities Account Agreement does not create any obligation of Broker except for those expressly set forth in this Agreement. In particular, Broker need not investigate whether the City is entitled to give an entitlement order. Broker may rely upon notices and communications it received from the City Commission. VI. Indemnity. The Customer will indemnity Broker, its parent, subsidiaries and affiliates, and each of their officers, directors, employees, and agents against claims, liabilities, and expenses arising out of this Agreement (including reasonable attorneys' fees and disbursements), except to the extent the claims, liabilities, or expenses are caused by Broker's gross negligence or willful misconduct. Similarly, Broker and Customer will indemnity the City, each of its officers, directors, employees, and agents against claims, liabilities, and expenses arising out of this Agreement (including reasonable attorneys' fees and disbursements), except to the extent the claims, liabilities, or expenses are caused by the City's gross negligence or willful misconduct. The Broker's and Customer's liability under this section is joint and several. VII. Termination; Survival. The City shall terminate this Agreement, once the Proposed Improvements have been accepted by the City, by notifying Broker and Customer in writing, in accordance with the notice provisions contained herein ("Notice of Completion"). Upon receiving the Notification of Completion, this Securities Account Agreement shall immediately terminate and any unused assets and accrued interest shall revert back to the Customer. Broker may not terminate this Agreement, unless the City has authorized the termination of this Securities Account Agreement. Sections V, Broker's Responsibility, and VI, Indemnity, shall survive the termination of this Securities Account Agreement. VIII. Default and Remedies. Broker agrees to unconditionally comply with the entitlement orders originated by the City. Further, if Broker fails to honor any entitlement orders originated by the City, within thirty (30) days from receipt of said entitlement order, Broker shall be in default of the terms of this Securities Account Agreement. In connection with any litigation arising out of this Agreement, the prevailing party in such litigation shall be entitled to recover from the defeated party all costs incurred, including reasonable attorneys' fees, and all costs and attorneys' fees on appeal, including costs and attorneys' fees. 1019 ---------------------------------------. Securities Account Agreement between Raymond James, City and Boys and Girls Club August 18, 2013 Page4 IX. Governing LawNenue. The Jaws of the State of Florida will govern this Securities Account Agreement. Venue for any litigation shall be in Miami- Dade County, Florida. X. Entire Agreement. This Securities Account Agreement is the entire agreement and supersedes any prior agreements or contemporaneous oral agreements of the parties concerning its subject matter. XI. Amendments. No amendment of, or waiver of a right under, this Agreement will be binding unless it is in writing and signed by each of the parties hereto. XII. Severability. To the extent a provision of this Securities Account Agreement is unenforceable, this Securities Account Agreement will be construed as if the unenforceable provision was omitted. XIII. Financial Assets. All property credited to the Restricted Securities Account will be treated as financial assets under Article 8 of the Florida Uniform commercial Code. XIV. Successors and Assigns. A successor to or assignee of the City's rights and obligations under this Securities Account Agreement will succeed to the City's rights and obligations under this Agreement. XV. Securities Investment Protection Corporation. Customer securities in the Account are protected by the coverage provided by the Securities Investment Protection Corporation ("SIPC"). The coverage is disclosed to the Customer in the Customer's monthly statements. XVI. Notices. A notice or other communication to a party under this Securities Account Agreement will be in writing, via certified mail, return receipt requested, to the party's address set forth below or to such other address as the party may notify the other parties and will be effective upon receipt. Mr. Alex Rodriguez-Roig, Executive Director Boys and Girls Club of Miami-Dade, Inc. P.O. Box 330219 Miami, FL 33233 Raymond James & Associates 880 Carillon Parkway St. Petersburg, FL 33716 Jimmy L. Morales, City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 1020 Securities Account Agreement between Raymond James, City and Boys and Girls Club August 18, 2013 Page 5 With an additional copy to: Jose Smith, Esq., City Attorney 1700 Convention Center Drive Miami Beach, Florida 33139 Boys and Girls Club of Miami-Dade, Inc. By: Alex Rodriguez-Roig, Executive Director By: ----------------------------Secretary Raymond James & Associates By: ---------------------------Print Name: __________ __ City of Miami Beach By: ---------------------------Matti Herrera Bower, Mayor City Clerk F:RHCD/ALUECON/ALUASSET/FLAMINGO/BOYS & GIRLS CLUB/SECURITIES ACCOUNT EXCLUSIVE CONTROL AGREEMENT 1021 RESOLUTION TO BE SUBMITTED 1022 THIS PAGE INTENTIONALLY LEFT BLANK 1023 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 Madel Runs Requested As A Result Of That Meeting. Key Intended Outcome Supported: A well maintained infrastructure 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. Item Summary/Recommendation: At its June 9, 2010 meeting, the City Commission, via Resolution No. 2010-27422, authorized the City's consultant, Camp Dresser & McKee (now COM Smith), to prepare a new Storm Water Management Master Plan (SWMMP), and at its November 14, 2012 meeting, the City Commission, via Resolution No. 2010-27422, adopted the SWMMP. 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 used the model to provide concurrency reviews of ten neighborhood improvement projects that prompted changes to the stormwater designs of the neighborhoods due to inter-basin flows and resulted in improvements that will be more effective 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 meeting, the Committee directed staff to have a public discussion on sea level rise and to return with the results, and this public discussion was not included in the base scope of services. As a result of questioning at the public discussion, the consultant calculated the additional cost of the capital improvements for a 30-year time frame and presented an analysis of the costs differences between a 20-year planning horizon and a 30-year planning horizon. The consultant and City staff negotiated compensation based upon the work performed -paying for additional services (and not additional work required to further explain or justify analyses conducted under the base scope of services)-with a total cast of $57,804. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: I Approval by FCWPC Financial Information: Source of Amount Account ~unds:~ 1 $57,804 431-2730-069357 OBP Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin RWS, Public Works 6565 n-Offs: Department Director Assistant c· ETC MT an-SUMMARY.docx MIAMI BEACH 1024 Approved AGENDA ITEM ___J8~/:,..:P:..___ DATE fl-//-/3 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov TO: Mayor Matti Herrera Bower and Mem FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: A RESOLUTION OF THE MAYOR NO 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. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the resolution. FUNDING $57, 804 Funding is available in the 2011 Stormwater Bonds Fund (431-2730-069357) Drainage Hot Spots BACKGROUND As a result of Request for Qualifications (RFQ) 03-09/10 and subsequent resolution 2010- 27334, the City Commission authorized the Administration to enter into negotiations with Camp Dresser & McKee, the top-ranked firm responding to the RFQ. 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) in the amount of $1,091 ,435. 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, for which the consultant has been fully compensated according to their initial contract as negotiated at that time. 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 1025 Citywide Stormwater Management Master Plan September 11, 2013 Page 2of3 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. 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 additional 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: 1026 Citywide Stormwater Management Master Plan September 11, 2013 Page 3 of3 $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 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/~JF/RWS T:\AGENDA\2013\September 11\Stormwater Management Master Plan • MEM01.docx 1027 RESOLUTION TO BE SUBMITTED 1028 THIS PAGE INTENTIONALLY LEFT BLANK 1029 -------------------------------------------------. COMMI::i::iiUN III::M ::iUMMARY Condensed Titl£~: 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. 095-2013ME, For The Comprehensive Professional Tennis Management And Operations Services At -rhe City's Flamingo And North Shore Park Tennis Centers. Item Summary!Recommendation: On February 6 2013, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 095-2013ME for the comprehensive professional tennis management and operations services at the City's Flamingo and North Shore Park Tennis Centers. RFP No. 095-2013ME was issued on February 13, 2013, with an opening date of March 28, 2013. Seven (7) proposals were received in response to the RFP. On March 25, 2013, the City Manager via Letter to Commission (LTC) No. 094-2013, appointed an Evaluation Committee (the "Committee") which convened on May 13, 2013 to consider proposals received and interview proposing teams. After the review of proposals, presentations by the proposers and deliberations by the Committee, a motion was presented by David Berger, seconded by Jonathan Groff, and unanimously approved by all Committee members, to recommend entering into negotiations with the top-ranked proposers in the following order: 1) Miami Beach Tennis Managem)nt, LLC; 2) Cliff Drysdale Management, Inc; 3) Jane Forman Sports; and 4) Greensquare, Inc. In considering the Committee's recommendation, the City Manager also considered that, as Appendix A indicates, Miami Beach Tennis Management of the top-ranked proposers, submitted the highest guaranteed revenue to the City in comparison to other top-ranked proposers as outlined in the attached memorandum. Additionally, Miami Beach Tennis Management has indicated a willingness to consider retaining current contractor staff employed at both tennis centers. In the event that the City is unable to negotiate a successful agreement with Miami Beach Tennis Management, other top-ranked proposers will be encouraged to do the same during the negotiation process. RECOMMENDATION In accordance with the recommendation of the Committee and the due diligence review by the City Manager, 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. 095-2013ME F 'Jr the comprehensive professional tennis management and operations services at the City's Flamingo and North Shore Park Tennis Center; authorizing the administration to enter into negotiations with the top-ranked proposer, Miami Beach Tennis Management, LLC; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second- ranked proposer, Cliff Drysdale Management, Inc; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Jane Forman Sports; and should the Administration not be successful in negotiating an agreement with the third-ranked proposer, authorizing negotiations with the fourth-ranked proposer, Greensquare, Inc.; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. ADOPT THE RESOLUTION. Advisory Board Recommendation: Financial Information· Source of Amount Funds: 1 N/A I I 2 OBPI Total Financial Impact Summ·ary: City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 MIAMI BEACH N/A 1030 Account AGENDA ITEM -------'--=f<=---'1':-:-Q~­ DATE ___._f.....;.-f.._'f;:..,..f3--. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gav COMMISS ON MEMORANDUM TO: Mayor Matti Herrera Bower and M FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: A RESOLUTION OF THE MAY RAND 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. 95-2013ME, FOR THE COMPREHENSIVE PROFESSIONAL TENNIS MANAGEMENT AND OPERATIONS SERVICES AT THE CITY'S FLAMINGO AND NORTH SHORE PARK TENNIS CENTERS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs. FUNDING As this Management Agreement calls for a minimum payment to be made by Contractor to the City, General Funds allocation is not designated. BACKGROUND The current agreement with Greensquare, Inc., for the management and operations of the City's tennis centers was due to expire in April, 2012. On October 27, 2011, the Finance and Citywide Projects Committee held a discussion pertaining to the "Issuance of the Request for Proposals (RFP) for the Comprehensive Professional Tennis Management and Operations Services at the City's Flamingo Park and North Shore Park Tennis Centers". The discussion focused on the issues related to the timing of the issuance of this RFP, taking into consideration that the Flamingo Park Tennis Center was anticipated to be under complete reconstruction in the near future. It was reported at that time it was anticipated that the demolition and construction of the Flamingo Park Tennis Center would begin in January, 2012. It was further reported that the construction would take approximately one year, with an expected completion date of January, 2013. The Tennis Center has since opened with full operations of the Pro Shop, locker rooms and maintenance facility along with the 17 Clay Hydro-Courts. Following discussion of the issue at their October 27, 2011 meeting, the Finance and Citywide Projects Committee recommended that the RFP for the selection of the operator of the City's tennis facilities not be issued at that time but, rather, that the RFP be issued with sufficient time for the selected operator to be able to assume operations of the tennis facilities concurrent with the opening of the renovated Flamingo Park Tennis Center. As such, they 1031 Commission Memorandum -RFP # 095-2013 Tennis Management September 11, 2013 Page 2 recommended the extension of the current Agreement with Greensquare, Inc. on a month-to- month basis until such time as that competitive process is complete. On February 8, 2012, the Commission approved the Finance and Citywide Committee's recommendation to extend on a month to month basis the aforementioned agreement until such time that an RFP be issued to coincide with the conclusion of construction and the re-opening of the Flamingo Park tennis center. On June 6, 2012, the City Commission approved a referral for a discussion to the Land Use and Development Committee regarding the possibility of separation the Maintenance component of the Tennis Centers from the Operations and Management of the Tennis Centers. The item was deferred from the September and November LUDC meetings and subsequently discussed at the December 19, 2012 meeting. The Committee discussed the item and recommended not to separate the maintenance from the operations. However, the Committee did recommend a great emphasis be placed on maintenance standards and requirements in the RFP. In addition to the revised scope of services to include greater emphasis on maintenance standards, the Administration further facilitated a public industry review meeting on January 22, 2013 with the intent of obtaining feedback on the proposed revised scope of services; the RFP requirements; and to consider best practices or operations efficiencies that may be proposed by the attendees. The attendees to the industry review meeting included industry matter experts, residents, and members of the Tennis Advisory Committee. Suggestions, recommendations, and opinions were reviewed by staff and incorporated in the RFP by the Ad ministration. At the January 28, 2013 Tennis Advisory Committee meeting, the members of the committee discussed the timing of the issuance of the RFP and its impact on the Summer Program curriculum and registration, and more specifically the impact on parents and children that have been involved with prior Summer programming. The committee's desire was to encourage the new contractor and agreement to consider hiring those professionals that have good reputations and are familiar with the participants. It was the Administration's objective that by issuing the RFP at this time there will be no break in quality operations or services to the City's tennis playing residents and guests. The time line as indicated below permitted the timely submission of responses, an evaluation committee process, and sufficient time to negotiate and award a contract that is in the best interest of the City. RFP PROCESS On February 6, 2013, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) 095-2013ME For the Comprehensive Professional Tennis Management and Operations Services at the City's Flamingo and North Shore Park Tennis Centers. RFP 095-2013ME was issued on February 13, 2013, with an opening date of March 28, 2013. A pre-proposal conference to provide information to the proposers submitting a response was held on February 25, 2013. Seven (7) prospective proposers downloaded the solicitation from The Public Group. Additionally, the Procurement Division notified over 60 additional individuals and/or potential proposers via e-mail, which resulted in the receipt of proposals from the following seven (7) firms: 1032 Commission Memorandum-RFP # 095-2013 Tennis Management September 11, 2013 Page 3 1. Annacone Tennis Management, LLC 2. Belkin Tennis, LLC 3. Cliff Drysdale Management, Inc. 4. Greensquare, Inc. 5. Jane Forman Sports 6. Miami Beach Tennis Management, LLC 7. Premier Tennis Management, Inc. On March 25, 2013, the City Manager via Letter to Commission (LTC) No. 094-2013, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • David Berger, Resident and Chair of the City' s Tennis Advisory Committee • Dolores Hirsh, Resident and member of the City's Tennis Advisory Committee • Jonathan Groff, Resident and Chair of the Parks and Recreational Facilities Board • Andrew Plotkin, Park Facility Manager of North Shore Park Youth Center and Tennis Center • Cynthia Casanova, Park Facility Manager of Flamingo Park and Tennis Center • Lowell Coffman, City of Plantation, Tennis Center Maintenance Supervisor ( United States Professional Tennis Association member, certified P1 Teaching Professional and Acting Assistant Director of the Frank Veltri Tennis Center) • Lew Brewer, Director, Junior Competition, United States Tennis Association ( USTA) Player Development Alternates: • Sidney Goldin, Resident, and Leadership Academy, Police Academy Graduate • Robert Cardenas, Resident, previous CFO with Fox Pan American Sports Committee member Dolores Hirsh and Lew Brewer were submitted as references by two (2) of the proposers and therefore, replaced by the alternate committee members, Sidney Goldin and Robert Cardenas. The Committee convened on May 13, 2013 to consider proposals received and interview the proposing teams. The Committee was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services, Performance Evaluation Surveys, and additional pertinent information from all responsive proposers. Additionally, the Committee engaged in a Question and Answer session after the presentation of each proposer. Committee member Robert Cardenas was not in attendance. The Evaluation Committee was also presented with a comparative analysis, prepared by the City's Finance Department, of financial proposals submitted by each proposer, which, as requested in the RFP asked that proposers submit a monthly guaranteed minimum revenue to the City and a percentage of gross revenue, when the gross revenue is in excess of $650,000, to be paid monthly thereafter. The comparative analysis is attached. 1033 Commission Memorandum-RFP # 095-2013 Tennis Management September 11, 2013 Page4 The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP, which was as follows: Qualifications of the Proposer I 25 points • Qualifications of the management company, key personnel proposed, and the maintenance Sub-Contractor, if any, as part of the Team. • Past Performances based on number and quality of the Performance Evaluation Surveys. • Financial Capacity . Scope of Services I 25 points • Strengh and Sustainability of the Operating Plan . • Maintenance Procedures including the quality of the Maintenance Sub-Contractor. Methodology and Approach I 25 points • Corporate Responsibility (Com munityi nvolvement/Cii nics/Tournaments) • Strength of the Quality Control/ Quality Assurance plans Fee Proposal I 25 points 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. Please note that one (1) proposers, Greensquare, was 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. Please note that no proposer was eligible for Veterans preference. The Committee discussed its individual perceptions of the proposers' qualifications, experience, and competence, and further scored and ranked the proposers accordingly. The Committee's final rankings are as follows: Sidney Goldin Jonathan Andrew Groff I n 1034 Cynthia Lowell Casanova Coffman Commission Memorandum -RFP # 095-2013 Tennis Management September 11, 2013 Page 5 Following the review of the rankings, a motion was presented by David Berger, seconded by Jonathan Groff, and unanimously approved by all Committee members, to recommend entering into negotiations with the top-ranked proposer, Miami Beach Tennis Management, LLC; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Cliff Drysdale Management, Inc; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Jane Forman Sports; and should the Administration not be successful in negotiating an agreement with the third-ranked proposer, authorizing negotiations with the fourth-ranked proposer, Greensquare, Inc. MIAMI BEACH TENNIS MANAGEMENT, LLC According to information presented by the proposer: Miami Beach Tennis Management (MBTM), is a full service tennis management company, which specializes in the management of public tennis centers and is dedicated to developing, promoting, teaching, and evaluating community focused tennis programs. The firm, founded by Mr. Howie Orlln, manages, maintains, and develops world-class public tennis facilities. Mr. Orlin has spent nearly four decades promoting tennis. Prior to his current position, he was the Director/Manager of the Flamingo Park Tennis Center for 26 years (1976- 2002). He has spoken at USPTA seminars throughout the country. MBTM's philosophy is to integrate into the Miami Beach community as a "good corporate citizen;" establishing a balance between developing revenue opportunities for the City, increasing employee fulfillment and quality of life, providing excellent customer service, and serving the Miami Beach environment and community. MBTM provides the following spectrum of products and services in addition to routine maintenance, management and operation of the tennis centers: • Clinics-one and a half hour group sessions; capped at six players per court. A typical configuration is four professionals, four courts and 24 players; offered to Miami Beach residents, non-residents and members. • Tennis Instruction-private and semi-private lessons to players of all abilities from certified and licensed tennis professionals with three levels of expertise. • Camps-certified, licensed and respected tennis professionals provide players the opportunity to improve their game, work hard, make new friends and most of all, have fun. o For the youth and junior segments, MBTM will host summer camps and holiday camps. Full-day includes morning and afternoon sessions with lunch. A half-day session is also available, morning or afternoon o For adults, weekly and weekend camps MBTM will be available to help them take their game to the next level • Specialty Events, Tournaments and League Play o Specialty Events-Pro-Ams, fundraisers, charitable events o Tournaments-U.S.T.A. sanctioned events, inter club, competitive ladder • Academy-an in residence program for those most committed to excellence. The best junior players come to the Academy to help achieve goals of playing on the Pro Tour or receiving a Division I NCAA scholarship. Players are challenged daily in preparation to compete with other top ranked juniors at National and International USTA tournaments. The junior tennis academy is designed to offer an elite and demanding tennis training schedule, and is known for its intensity on the court and dedication to player growth and development. 1035 Commission Memorandum-RFP # 095-2013 Tennis Management September 11 , 2013 Page 6 • Food and Beverage-a snackbar operation that will provide healthy food and beverages to both tennis and park patrons. • Pro Shop-features the latest tennis fashions and state-of-the art equipment for men, women and children. Everything from socks to sunblock and everything in between- rackets, shoes, apparel, duffle bags, sunglasses and other specialty items. Brands include Wilson, Prince, Babolat, Head, Nike, Fila, Lacoste, and New Balance. The facility also offers same-day racket stringing, game arranging , ball machine and racket rentals. In the future, MBTM will have a web storefront as well, offering products and services. MANAGER'S DUE DILIGENCE & RECOMMENDATION 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 the top-ranked proposers, Miami Beach Tennis Management, LLC; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Cliff Drysdale Management, Inc; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Jane Forman Sports; and should the Administration not be successful in negotiating an agreement with the third-ranked proposer, authorizing negotiations with the fourth-ranked proposer, Greensquare, Inc. In addition to the results of the Committee evaluation, the City Manager considered the following in recommending Miami Beach Tennis Management as the top-ranked firm: • As Appendix A indicates, Miami Beach Tennis Management of the top-ranked proposers, submitted the highest guaranteed revenue to the City in comparison to other top-rank d f II e proposers as o ows: Miami Beach Tennis Management $120,000 Cliff Drysdale Management $12,000 Jane Forman Sports $72,000 Green square $48,000 .. In addition to the m1n1mum guaranteed revenue, proposers were asked to submit the percentage of revenue that would be received by the City when gross revenue exceeded $650,000. When this amount is added to the minimum guaranteed revenue, Miami Beach Tennis Management continues to offer the City the overall most lucrative financial proposal. • Miami Beach Tennis Management has indicated a willingness to consider retaining current contractor staff employed at both tennis centers. In the event that the City is unable to negotiate a successful agreement with Miami Beach Tennis Management, other top-ranked proposers will be encouraged to do the same during the negotiation process. 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. 095-2013ME For the comprehensive professional tennis management and operations services at the City's Flamingo and North Shore Park Tennis Center; authorizing the administration to enter into negotiations with the top-ranked proposer, Miami Beach Tennis Management, LLC; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Cliff Drysdale Management, Inc; and should the administration not be successful in negotiating an agreement with the second-ranked 1036 Commission Memorandum-RFP # 095-2013 Tennis Management September 11, 2013 Page 7 proposer, authorizing negotiations with the third-ranked proposer, Jane Forman Sports; and should the Administration not be successful in negotiating an agreement with the third-ranked proposer, authorizing negotiations with the fourth-ranked proposer, Greensquare, Inc.; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. JLM/K~AD/ME T;\AGEND~~\July 17\Procurement\RFP-095-2013 ME Tennis Management • Memo. doc 1037 RESOLUTION TO BE SUBMITTED 1038 THIS PAGE INTENTIONALLY LEFT BLANK 1039 \ ·. _, ' ' OFFICE OF THE CITY ATIORNEY JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: MAYOR MATII HERRERA BOWER MEMBERS OF THE CITY COMMISSION CITY MANAGER JIMMY MORAL JOSE SMITH /J2 1 CITY ATTOR,NE ' } __ / SEPTEMBE~ 11 0;;··· . A RESOLUTION CALLING THE GENERAL ELECTION FOR NOVEMBER 5, 2013 In accordance with Miami Beach City Charter Section 2.01, and City Code Section 38-3, a general municipal election is being called via Resolution for the purpose of electing a Mayor and three City Commissioners in Groups I, II, and Ill on November 5, 2013, and providing for the City Clerk to notice said Resolution through publication of an appropriate advertisement in a newspaper meeting the requirements setforth in Section 50.031, Florida Statutes. F:\ATTO\TURN\COMMMEMO\Calling the General Election (2013).docx 1040 Agenda Item R7 R Date '?tl-13 RESOLUTION NO.------- A RESOLUTION CALLING FOR A GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 2013 IN THE CITY OF MIAMI BEACH FOR THE PURPOSE OF ELECTING A MAYOR AND THREE CITY COMMISSIONERS (GROUPS I, II, AND Ill); PROVIDING FOR CONDUCT OF SAME BY THE MIAMI-DADE COUNTY ELECTIONS DEPARTMENT; PROVIDING THAT VOTING PRECINCTS SHALL BE THOSE AS ESTABLISHED BY MIAMI-DADE COUNTY; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR THE FORM OF BALLOT AND REGISTRATION OF VOTERS IN ACCORDANCE WITH STATE LAW; PROVIDING FOR PAYMENT FOR CONDUCTING ELECTION TO MIAMI-DADE COUNTY. BE IT 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 a General 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 November 5, 2013 for the purpose of electing a Mayor and three City Commissioners in Groups I, II, and Ill, respectively, each of whom shall hold office for the terms as provided by law. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said General Election hereby called, with acceptance of the certification of the results of said General 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 General 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 as determined by the Miami-Dade County Election Officials. Registration of persons desiring to vote in said General Election shall be in accordance with the general laws of the State governing voter registration. 1 1041 --------------- SECTION 4. Not less than thirty days notice of said General Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 5. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF GENERAL ELECTION NOTICE IS HEREBY GIVEN THAT A GENERAL 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, FOR THE PURPOSE OF ELECTING A MAYOR AND THREE {3) CITY COMMISSIONERS IN GROUPS I, II, AND Ill, RESPECTIVELY, EACH OF WHOM SHALL HOLD OFFICE FOR THE TERMS AS PROVIDED BY LAW. Said Notice shall further set forth the several polling places in the election precincts as established in accordance with Section 3 hereof, and shall further set forth pertinent information regarding eligibility of electors to participate in said election. SECTION 6. That the official ballot to be used in the General Election to be held on November 5, 2013, hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" GENERAL ELECTION FOR ELECTING THE MAYOR AND THREE (3) CITY COMMISSIONERS (GROUPS I, II, and Ill) OF THE CITY OF MIAMI BEACH, FLORIDA ON NOVEMBER 5, 2013 2 1042 Vote for one (1) only: FOR MAYOR (insert names) FOR CITY COMMISSIONER GROUP I (insert names) FOR CITY COMMISSIONER GROUP II (insert names) FOR CITY COMMISSIONER GROUP Ill (insert names) 3 1043 ---------------------. The City Clerk shall prepare the ballot so that the names of qualified candidates will appear on said ballot in alphabetical order according to surname; provided, however, that said ballot and its preparation shall be such as to permit compliance with the Laws of the State of Florida with respect to the use of an electronic voting system. SECTION 7. That the absentee voters participating in said General 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 8. That the City of Miami Beach shall pay all expenses for conducting this General 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 9. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this llh day of September, 2013. ATTEST: RAFAEL E. GRANADO CITY CLERK MATTI HERRERA BOWER MAYOR APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION F:\A TTO\TURN\RESOS\Eiecting Mayor & Commissioners (2013 General Election).docx 4 1044 THIS PAGE INTENTIONALLY LEFT BLANK 1045 --------------------------------------------------. COMMISSION ITEM SUMMARY Condensed Title: A Resolution Authorizing The Administration To Videotape And Air On MBTV The Mayor And Groups I, II, and Ill Commission Candidate Presentations For The November 5, 2013 General Election. Key Intended Outcome Supported: Enhance external and internal communications from and within the City. Supporting Data (Surveys, Environmental Scan, Etc.): According to the 2012 Community Satisfaction Survey, 7% of residents receive their information about Miami Beach from MBTV. Item Summary/Recommendation: During the 2001 General Election, the City Commission authorized the Administration to videotape and replay on Cable Channel20, now MBTV, a candidate forum sponsored by a local organization. The 2001 City Commission also referred to the Community Affairs Committee, now the Neighborhood/Community Affairs Committee, the issue of selecting two additional forums to be taped and aired. On September 25, 2001, at the Community Affairs Committee, the issue concerning candidate forums was discussed. The Committee was not comfortable in selecting only two additional political forums to air. It was felt that selecting only two would be unfair because other organizations may be left out. The Committee recommended arranging a candidate presentation where each candidate is given up to five minutes of airtime on Cable Channel 20, now MBTV, to present themselves and their platforms. Pursuant to Resolution No. 2001-24626, the City Commission approved the recommendation of the Community Affairs Committee. Subsequently, in 2003, 2005, 2006, 2007, 2009 and 2011, the City Commission authorized the Administration to videotape and replay the Candidate Presentations on the City's Cable Channel. The Candidate Presentations will be coordinated by the Office of the City Clerk and the Office of Communications using the Candidate Presentation Guidelines. Attachment "A" is the rehearsal and "live" shoot time slots. The Administration recommends that the City Commission authorize the videotaping and airing on MBTV of the Mayor and Groups I, II, and Ill Commission Candidate Presentations for the November 5, 2013 General Election. Advisory Board Recommendation: The 2001 City Commission Community Affairs Committee, now the Neighborhood/Community Affairs Committee, recommended arranging a candidate presentation where each candidate is given up to five minutes of airtime on Cable Channel 20, now MBTV, to present themselves and their platforms. Financial Information: Source of Amount Funds: 1 NONE D 2 3 4 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin Assistant City Manager REG T:\AGENDA\20131 MIAMI BEACH 1046 Account Approved JLM AGENDA tTEM. R 15 DATE. 9---//·/ 3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Mem ers of th~ission FROM: Jimmy L. Morales, City Manager DATE: September 11, 2013 SUBJECT: A RESOLUTION OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO VIDEOTAPE AND AIR ON MBTV THE MAYOR AND GROUPS I, II AND Ill COMMISSION CANDIDATE PRESENTATIONS FOR THE NOVEMBER 5, 2013 GENERAL ELECTION. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. BACKGROUND: During the 2001 General Election, the City Commission authorized the Administration to videotape and replay on Cable Channel20, now MBTV, a candidate forum sponsored by a local organization. The 2001 City Commission also referred to the Community Affairs Committee, now the Neighborhood/Community Affairs Committee, the issue of selecting two additional forums to be taped and aired. On September 25, 2001, at the Community Affairs Committee attended by Committee Chair Commissioner Matti Herrera Bower, and committee members Commissioners Simon Cruz, Luis R. Garcia, Jr. and Jose Smith, the issue concerning candidate forums was discussed. The Committee was not comfortable in selecting only two additional political forums to air. It was felt that selecting only two would be unfair because other organizations may be left out. After much discussion, the Committee recommended arranging a candidate presentation where each candidate was given up to five minutes of airtime on Cable Channel20 to present themselves and his/her platforms. Pursuant to Resolution No. 2001-24626, the City Commission approved the recommendation of the Community Affairs Committee. Subsequently, in 2003, 2005, 2006, 2007, 2009, and 2011, the City Commission authorized the Administration to videotape and replay on the City's Cable Channel the Candidate Presentations. The Candidate Presentations will be coordinated by the Office of the City Clerk and the Office of Communications using the Candidate Presentation Guidelines on page 2 of this memorandum. Attachment "A" is the rehearsal and "live" shoot time slots. Upon approval of the above Resolution by the City Commission, each qualified candidate will be sent a certified letter requesting that they confirm his/her attendance, along with a copy of the Presentation Guidelines and his/her designated time-slots. CONCLUSION: The Administration recommends that the City Commission authorize the videotaping and airing on MBTVofthe Mayor and Groups I, II, and Ill Commission Candidate Presentations for the November 5, 2013 General Election. JML:REG B 1 1047 2013 City of Miami Beach Candidate Presentation Guidelines 1. To offer the Miami Beach viewers an informative and organized presentation, the Candidate Presentation will be taped live and replayed multiple times on MBTV. Once the taping of a candidate begins, the camera will not be turned off until the candidate indicates he or she is finished, or the five (5) minute time limit has been reached; there is only one opportunity to tape live. Candidates will be offered the use of the City's teleprompter and a one-hour rehearsal session prior to the date of the taping. Important: The individual candidates' presentations will not be edited for any reason. 2. In order to have an organized presentation of candidates and issues, it is important that a strict timetable be developed and adhered to. Each candidate will be given a scheduled time slot for his or her rehearsal and live presentation. See Attachment "A." It is the sole responsibility of the candidate to make sure he or she is available when it is their time to speak. Unfortunately, anv candidate who misses his/her assigned time slot will forfeit his/her opportunity to present. The Administration will be given a time slot at the end of the Candidate Presentations to present any Voters Guide information pertaining to Special Election question(s), along with explanations in both English and Spanish, if needed. 3. The Candidate Presentations will be shown multiple times on MBTV. The scheduled air times will be published in The Miami Herald Neighbors Section, El Nuevo Herald, local Spanish language newspapers (depending on publishing dates) and on MBTV. 4. Candidates must arrive at the Office of the City Clerk at least 10 minutes before their assigned time slot. This will ensure an orderly transition from candidate to candidate. 5. The time slots will be assigned in the order of the ballot: Mayor and the three Commission Groups and alphabetically by candidates (as their name will appear on the ballot) within each of the groups. Again, it is the sole responsibility of the candidate to be available at his/her designated time. 6. Before the candidates begin speaking, the moderator, Nannette Rodriguez, Director of the Office of Communications (or her designee), will give an introduction stating the purpose and explaining the format of the Candidate Presentation. 7. Each candidate will be allocated up to five (5) minutes of airtime on MBTV. In order to maintain equitable time for each candidate who elects to participate in the Candidate Presentation, when the candidate's five (5) minutes are up, the candidate will be cut off, even if in mid-sentence. There will be no editing of the candidates' taped presentation. 8. The moderator will introduce each candidate. The introduction will be limited to the Mayor or Commission Group Number and the name of the candidate (example: "Mayoral candidate; or "Commission Group I, II, Ill, IV, V, or VI, candidate's name.") The candidate will be introduced by the name that will appear on the ballot. · 9. At the conclusion of the Candidate Presentation, the Administration may provide the viewers with an overview of any Special Election ballot questions (Voters' Guide), if needed. 10. Only the candidate may speak on his/her behalf, not a representative. 11. No pre-recorded tapes will be used. 12. No background music, special backgrounds or special effects will be allowed. T:\AGENDA\2013\Seplember t 112013 candidatepresentations.c:m.doc 2 1048 ATTACHMENT "A" 3:15PM 3:30PM 4:30PM 4:30PM 4:45PM 5:45PM 5:45PM 6:00PM 7:00PM I LIVE I Monday, October 7 I Arrival* Ex~ected Record time 8:45AM 9:00AM 9:05AM 9:20AM 9:25AM 9:40AM 9:45AM 10:00 AM 10:05 AM 10:20 AM 10:25AM 10:40AM 10:45 AM 11:00AM 11:05 AM 11:20AM 11:25 AM 11:40AM 11:45 AM 12:00 PM 12:05 PM 12:20 PM 12:25 PM 12:40 PM 1:40PM 1:55PM 2:00PM 2:15PM 2:20PM 2:35PM * Candidates are to report to the Office of the City Clerk at the scheduled arrival time. The City Clerk's Office is located a11700 Convention Center Drive, First Floor, Miami Beach, Florida. F\CLER\CLER\OOO_ELECTION\0000_2013 General Election\CANDIDATES ADS and PRESENTATIONS\2013 Candidate presentation schedule empty.xls 1049 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO VIDEOTAPE AND AIR ON MBTV THE MAYOR AND GROUP I, II, AND Ill COMMISSION CANDIDATE PRESENTATIONS FOR THE NOVEMBER 5, 2013 GENERAL ELECTION. WHEREAS, during the 2001 General Election, the City Commission authorized the Administration to videotape and replay on Cable Channel 20, now MBTV, a candidate forum sponsored by a local organization; and WHEREAS, the 2001 City Commission also referred to the Community Affairs Committee, now the Neighborhood/Community Affairs Committee, the issue of selecting two additional forums to be taped and aired; and WHEREAS, on September 25, 2001, at the Community Affairs Committee, the issue concerning candidate forums was discussed and the Committee was not comfortable in selecting only two additional political forums to air; and WHEREAS, pursuant to Resolution No. 2001-24626, the City Commission adopted the recommendation of the Community Affairs Committee to arrange a presentation whereby each candidate for the City of Miami Beach elected office will be given up to five minutes of airtime on Cable Channel 20, now MBTV, in order to allow each candidate to present him/herself and his/her platform, with the presentation to be publicly advertised, recorded, and aired on MBTV subject to the following presentation guidelines: 1. To offer the Miami Beach viewers an informative and organized presentation, the Candidate Presentation will be taped live and replayed multiple times on MBTV. Once the taping of a candidate begins, the camera will not be turned off until the candidate indicates he or she is finished, or the five (5) minute time limit has been reached; there is only one opportunity to tape live. Candidates will be offered the use of the City's teleprompter and a one-hour rehearsal session prior to the date of the taping. Important: The individual candidates' presentations will not be edited for any reason. 2. In order to have an organized presentation of candidates and issues, it is important that a strict timetable be developed and adhered to. Each candidate will be given a scheduled time slot for his or her rehearsal and live presentation. See Attachment "A." It is the sole responsibility of the candidate to make sure he or she is available when it is their time to speak. Unfortunately. any candidate who misses his/her assigned time slot will forfeit his/her opportunity to present. The Administration will be given a time slot at the end of the Candidate Presentations to present any Voters Guide information pertaining to Special Election question(s), along with explanations in both English and Spanish, if needed. 3. The Candidate Presentations will be shown multiple times on MBTV. The scheduled air times will be published in The Miami Herald Neighbors Section, El Nuevo Herald, local Spanish language newspapers (depending on publishing dates) and on MBTV. 1 1050 4. Candidates must arrive at the Office of the City Clerk at least 10 minutes before their assigned time slot. This will ensure an orderly transition from candidate to candidate. 5. The time slots will be assigned in the order of the ballot: Mayor and the three Commission Groups and alphabetically by candidates (as their name will appear on the ballot) within each of the groups. Again, it is the sole responsibility of the candidate to be available at his/her designated time. 6. Before the candidates begin speaking, the moderator, Nannette Rodriguez, Director of the Office of Communications (or her designee), will give an introduction stating the purpose and explaining the format of the Candidate Presentation. 7. Each candidate will be allocated up to five (5) minutes of airtime on MBTV. In order to maintain equitable time for each candidate who elects to participate in the Candidate Presentation, when the candidate's five (5) minutes are up, the candidate will be cut off, even if in mid-sentence. There will be no editing of the candidates' taped presentation. 8. The moderator will introduce each candidate. The introduction will be limited to the Mayor or Commission Group Number and the name of the candidate (example: "Mayoral candidate; or "Commission Group I, II, Ill, IV, V, or VI, candidate's name.") The candidate will be introduced by the name that will appear on the ballot. 9. At the conclusion of the Candidate Presentation, the Administration may provide the viewers with an overview of any Special Election ballot questions (Voters' Guide), if needed. 10. Only the candidate may speak on his/her behalf, not a representative. 11 . No pre-recorded tapes will be used. 12. No background music, special backgrounds or special effects will be allowed. 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, subject to the conditions stated specifically in this Resolution, the Administration to videotape and air on MBTV the Mayor and Group I, II, and Ill Commission Candidate Presentations for the November 5, 2013 General Election. PASSED AND ADOPTED THIS 11TH day of September, 2013. ATTEST: Rafael E. Granado, City Clerk T:\AGENDA\2013\September 11\2013 Candidatepresentations.reso.doc 2 1051 Matti Herrera Bower, Mayor APPROVED AS TO FORM & GUAGE & FOR UTION RN[Y,~· ATTACHMENT "A" Schedule to be adjusted after quali in . REHEARSAL Wednesday, October 2 Seat Arrival • Start 8:30AM 8:45AM 9:45AM 10:00 AM 11:00 AM 11:15AM 12:15 PM 12:30 PM 2:00PM 2:15PM 3:15PM 3:30PM 4:30PM 4:45PM Thursday, October 3 Continued Arrival • I Start I 8:30 AMI 8:45 AMI 9:45 AMI 10:00 AMI 11:00 AM 11:15 AM 12:15 PM 12:30 PM 2:00PM 2:15PM 3:15PM 3:30PM 4:30PM 4:45PM 5:45PM 6:00PM I LIVE Monday, October 7 Seat I Arrival* 8:45AM 9:05AM 9:25AM 9:45AM 10:05 AM 10:25 AM 10:45 AM 11:05 AM 11:25 AM 11:45 AM 12:05 PM 12:25 PM 1:40PM 2:00PM 2:20PM End 9:45AM 11:00 AM 12:15 PM 1:30PM 3:15PM 4:30PM 5:45PM End 9:45AM 11:00 AM 12:15 PM 1:30PM 3:15PM 4:30PM 5:45PM 7:00PM I Expected Record time 9:00AM 9:20AM 9:40AM 10:00 AM 10:20 AM 10:40 AM 11:00 AM 11:20 AM 11:40 AM 12:00 PM 12:20 PM 12:40 PM 1:55PM 2:15PM 2:35PM • Candidates are to report to the Office of the City Clerk at the scheduled arrival time. The City Clerk's Office is located at 1700 Convention Center Drive, First Floor, Miami Beach, Florida. F:\CLER\CLER\OOO_ELECTION\0000_2013 General Election\CANDIDATES ADS and PRESENTATIONS\2013 Candidate presentation schedule empty.xls 1052 THIS PAGE INTENTIONALLY LEFT BLANK 1053 OFFICE OF THE CITY ATIORNEY JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION CITY MANAGER, JORGE GONZALEZ FROM: JOSE SMITH lL..Q_ () __ . !~ ~CITYATTORNEY U DATE: SEPTEMBER 11,2013 SUBJECT: DESIGNATION OF CITY OF MIAMI BEACH CANVASSING BOARD FOR NOVEMBER 5, 2013 GENERAL ELECTION In connection with the upcoming November 5, 2013 General Election, a three-member Canvassing Board must be designated in order to canvass absentee ballots and to oversee the conduct of said Election. This Canvassing Board is composed of the City Clerk, a County Court Judge to be appointed by the Chief Judge of the 11th Judicial Circuit, and either the Mayor or a City Commissioner (or if unavailable, a County elector to be appointed by the Chief Judge). Members of the Canvassing Board may not be candidates with opposition in the City's General Election, or be active participants in the campaign or candidacy of any candidate with opposition in said General Election. During the last election in 2011, the following persons served as the City's Canvassing Board: City Clerk Robert Parcher, The Honorable Shelley Kravitz, and The Honorable Peter Lopez. DT/mmd F:\ATTO\TURN\COMMMEMO\Canvassing Board General-Nov 2013.docx 1054 Agenda Item ~l T Date :u-13 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MIAMI-DADE COUNTY CANVASSING BOARD FOR THE COUNTYWIDE NOVEMBER 5, 2013 SPECIAL ELECTION TO SERVE AS CANVASSING BOARD FOR THE CITY OF MIAMI BEACH'S GENERAL AND SPECIAL ELECTIONS TO BE HELD ON NOVEMBER 5, 2013. Whereas, on November 5, 2013, Miami-Dade County will be conducting a Special Election to present a bond referendum question concerning the Public Health Trust, at which time the City of Miami Beach has authorized the holding of its General Election for the election of a Mayor and three City Commissioners, as well as its Special Elections for presentation of several ballot measures to the City's electorate; and WHEREAS Miami-Dade County is charged with the full responsibility of conducting the subject elections, except for accepting the Miami-Dade County Department of Election's certificate of elections concerning the results of the City of Miami Beach's General and Special Elections; and WHEREAS, the Miami-Dade County Canvassing Board shall be charged with the statutory responsibilities relating to the conduct of elections for the subject elections and is thus authorized to act as the Canvassing Board for the City of Miami Beach's November 5, 2013 General and Special Elections. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, that the Miami-Dade County Canvassing Board for the November 5, 2013 Countywide Special Election is hereby authorized to act as Canvassing Board for the November 5, 2013 General and Special Elections of the City of Miami Beach. PASSED and ADOPTED this 11 1h day of September, 2013. MATTI HERRERA BOWER, MAYOR ATTEST: RAFAEL E. GRANADO, CITY CLERK 1055 OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower Members of the City Commission CC: FROM: DATE: Jimmy Morales, City Manager .f Jose Smith, City AttorneyJ2 __Q__ C k"' ( ~ September 11, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO CITY CODE SECTION 38-6 ENTITLED "EARLY VOTING," AUTHORIZING EARLY VOTING FOR THE NOVEMBER 19, 2013 RUN-OFF ELECTION (IF RUN-OFF ELECTION IS REQUIRED). The City of Miami Beach General Election for election of the Mayor and Commission Groups I, II and Ill, and the City's Special Election for presentation of several ballot questions, is scheduled to be held on Tuesday, November 5, 2013. Inasmuch as Miami- Dade County has scheduled a countywide election for November 5, 2013, the County Elections Department will be conducting Early Voting for all elections taking place on that date, including the City's General and Special Elections (see attached Early Voting schedule marked as Exhibit "A"). A City of Miami Beach Runoff Election, if necessary, will be scheduled for Tuesday, November 19, 2013. As authorized by Florida Statute § 101.657, and pursuant to Miami Beach City Code Section 38-6 entitled "Early Voting", the City is authorized to provide for early voting in those City elections that are not held in conjunction with County or State elections, and shall conduct its Early Voting activities in accordance with the provisions of Florida Statute §1 01.657(1 )(a)-( c). Since the November 19, 2013 Runoff Election (if required) is not being held in conjunction with a County or State election, the attached Resolution sets forth the Miami Beach City Commission's formal declaration authorizing and providing for Early Voting relative to said Election. Consistent with City Code section 38-6(b), such Early Voting shall occur at Miami Beach City Hall and the North Shore Branch Library, in accordance with the following schedule: November 19, 2013 Run-Off Election Early Voting to occur on the Saturday and Sunday immediately preceding the Run-Off Election (see attached Early Voting schedule marked as Exhibit "8"). 1056 Agenda Item R7l1 Date 9-11-J 3 Should an unforeseen event occur necessitating a change to the above Early Voting schedule, the Administration may alter the days and locations and will immediately report the change to the Mayor and Commissioners via an LTC. Further, the City Clerk shall notice the above dates, hours and locations of Early Voting in a newspaper(s) of general circulation within the City of Miami Beach. ECONOMIC IMPACT STATEMENT The Miami-Dade County Elections Department has given the Administration an Early Voting budget estimate of approximately $6,400 per day ($3,200 per day for each location). The anticipated cost of early voting for the November 19, 2013 Run-Off Election, if necessary, is $12,800 (see attached Estimate marked as Exhibit "C"). F:\ATTO\TURN\COMMMEMO\Early Voting November 19 2013 election.docx 2 1057 EARLY VOTING SCHEDULE FOR THE MIAMI DADE COUNTY SPECIAL ELECTION 11/5/2013 oOX/G". OCTOBER 21sT OCTOBER 22N° OCTOBER 23R0 OCTOBER 24TH OCTOBER 25TH OCTOBER 26TH OCTOBER 27TH MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY 7:00AM -3:00PM 7:00AM-3:00PM 7:00AM-3:00PM 7:00AM -3:00PM 7:00AM -3:00PM 9:00AM -1:OOPM 1:OOPM -5:00PM OCTOBER 28TH OCTOBER 29TH OCTOBER 30TH OCTOBER 318T NOVEMBER 1sT NOVEMBER 2N° NOVEMBER 3R0 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY 11 :OOAM -7:00PM 11 :OOAM -7:00PM 11 :OOAM -7:00PM 11 :OOAM-7:00PM 11 :OOAM -7:00PM 9:00AM -1:OOPM 1:OOPM -5:00PM ---------Site Name &Address Site Name &Address City of Miami -City Hall Model City Library@ Caleb Center 3500 Pan American Drive 2211 NW 54th Street (Entrance is located at the northeast side of the building -ADA entrance is through the front door of City Hall) Coral Gables Library North Dade Regional Library 3443 Segovia Street 2455 NW 183rd Street Coral Reef Library 9211 SW 152"d Street North Miami Public Library 835 NE 132"d Street Elections Department North Miami Beach Public Library (SOE Main Office) 1601 NE 1641h Street 2700 NW 87th Avenue ** Replacement for Aventura Government Center Florida City -City Hall North Shore Branch Library 404 West Palm Drive 7501 Collins Avenue (Commission Chambers) {Program Room) John F. Kennedy Library South Dade Regional Library 190 West 49th Street 10750 SW 211th Street I Kendall Branch Library Stephen P. Clark Gov't Center {SOE Branch Office) I 9101 SW 97th Avenue 111 NW 151 Street {Lobby) Lemon City Library West Dade Regional Library I 430 NE 6151 Street (Reading Room) 9445 SW 24th Street Miami Lakes Public Library West Flagler Branch Library 6699 Windmill Gate Road 5050 West Flagler Street i Miami Beach City Hall West Kendall Regional Library 1700 Convention Center Drive 10201 Hammocks Boulevard I Revised MR: 7/1113 I I <( I--co. co lt) : -0 I"'C"""" >< w ~ ~ MR 711/2013 EARLY VOTING SCHEDULE FOR THE NOVEMBER 19,2013 MIAMI BEACH RUN-OFF ELECTION MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 NORTH SHORE BRANCH LIBRARY 7501 COLLINS AVENUE MIAMI BEACH, FLORIDA 33141 NOVEMBER 16TH NOVEMBER 17TH SATURDAY SUNDAY 9:00AM-7:00PM 9:00AM -7:00PM a:l 0) lt) 1--0 -"'C""" [() I >< w ESTIMATE Miami Beach General Municipal Election November 5, 2013 (Stand Alone) Rafael E. Granado, City Clerk City of Miami Beach 1700 Convention Center Drive, #200 Miami Beach, FL 33139 Registered Voters: Precincts: Polling Places: Permanent Absentee Ballots: Personnel Salaries & Fringe Benefits, Overtime, Poll Workers Polling Places Security, Polling Place Rentals Supplies and Services 49,926 36 23 5,602 Election Supplies, Communication Charges, Absentee Ballots Set Up Trucks and Vehicles Truck Rentals, GSA Vehicles Printing and Advertising Estimate W: Estimate Date: Early Voting Days: Early Voting Sites: Absentee, Early Voting & Precinct Ballots, Temporary Polling Place Change Notices, Newspaper Ads Postage Absentee Ballots Sent and Business Reply, Temporary Polling Place Change Notices, Letters Ballot Creation ln·House & Outside Contractual Services, Translations· Based on one question Administrative Overhead Indirect Costs, Logic & Accuracy, Post·Eiection Audits Early Voting Estimated at $3,200 per requested number of sites and days • Please note these costs are estimates and are subject to change. This estimate does include the cost of ballot printing; however, if your question(s)lrace(s) creates an additional ballot page, the cast will be adjusted accordingfy. For more information, you may contact: Patricia Prochnicki Elections Budget and Finance Chief Miami-Dade Elections Department 2700 NW 87 Avenue Miami, Florida 33172 Office: 305·499-8568 E·mail: bproch@miamidade.gov EXHIBIT C 1060 *TOTAL .~ ' MB·SA-110513 May 10,2013 $ $ 2 2 64,927.55 9,900.00 5,392.01 7,358.00 26,460.78 13,738.99 2,410.00 13,018.73 12,800.00 15!2.0Qfi,Q6 RESOLUTION NO. 2013- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO CITY CODE SECTION 38-6 ENTITLED "EARLY VOTING," AUTHORIZING EARLY VOTING FOR THE NOVEMBER 19, 2013 RUN-OFF ELECTION (IF RUN-OFF ELECTION IS REQUIRED). WHEREAS, on Tuesday, November 5, 2013, the City of Miami Beach's General and Special Elections will be held for the purpose of electing a Mayor and three City Commissioners (in Commission Groups I, II, and III), and for presentation to the City's electorate of several ballot questions; and WHEREAS, if necessary, the City of Miami Beach's Run-Off Election will be held on Tuesday, November 19, 2013; and WHEREAS, since Miami-Dade County has scheduled a countywide election for November 5, 2013, the County Elections Department will be conducting Early Voting for all elections taking place on that date, including the City's General and Special Elections (see attached Early Voting schedule); and WHEREAS, as authorized by Florida Statute section 101.657 and pursuant to Miami Beach City Code Section 38-6 entitled "Early Voting," the City of Miami Beach may provide for early voting in those City elections that are not held in conjunction with County or State elections, and shall conduct its Early Voting activities in accordance with the provisions ofFlorida Statute §101.657(1)(a)-(c); and WHEREAS, inasmuch as the November 19, 2013 Run-Off Election (if required) is not being held in conjunction with a County or State election, the Miami Beach City Commission thus hereby authorizes and provides for Early Voting relative to said Election in recognition ofthe great public need for such Early Voting opportunities; and WHEREAS, pursuant to City Code section 38-6(b), such Early Voting shall occur at Miami Beach City Hall and the North Shore Branch Library, in accordance with the following schedule: • November 19, 2013 Run-Off Election (Early Voting to occur on the Saturday and Sunday immediately preceding the Run-Off Election): Saturday, November 16 9 am-7 pm Sunday, November 17 9 am-7 pm 10 hours plus one hour setup/close down 1 0 hours " " ; and WHEREAS, the City Clerk shall notice the above dates, hours, and locations of Early Voting in a newspaper(s) of general circulation within the City of Miami Beach; and 1061 WHEREAS, Miami-Dade County Elections Department has given the Administration an Early Voting budget estimate of approximately $6,400 per day ($3,200 per day for each location). NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize Early Voting for the November 19, 2013 Run-Off election (if required) at Miami Beach City Hall and the North Shore Library, for the two day period beginning on Saturday, November 16, 2013 and ending on Sunday, November 17, 2013, said Early Voting to be conducted in accordance with the hours listed hereinabove. It is further Resolved that the Administration is authorized to alter the days and locations of the Early Voting schedule set forth herein if necessary due to an unforeseen event, with the Administration immediately reporting the change to the Mayor and Commissioners via a Letter to the Commission {LTC). PASSED and ADOPTED this 11 1h day of September 2013. Attest: Rafael Granado, City Clerk 1062 Matti Herrera Bower Mayor THIS PAGE INTENTIONALLY LEFT BLANK 1063 R7 -Resolutions R7V A Resolution Approving An Expenditure Of Budgeted Funds In Reasonable And Necessary Amounts For The Public Purpose Of Informing And Educating The Voters Of The City Of Miami Beach Regarding The Ballot Questions On The City's November 5, 2013 Special Election Ballots In Order To Achieve A More Informed Electorate Vote. (City Attorney's Office) (Memorandum & Resolution to be Submitted in Supplemental) 1064 Agenda Item R 7 V Date 1~11-1~ THIS PAGE INTENTIONALLY LEFT BLANK 1065 ::c CD City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochll gov OFFICE OF THE CITY ClERK, Rafael Granada, City Clerk Tel: (3051 673-7 41 1, Fax: (305) 673-7254 Email CityCierk@miomibeoch.gov COMMIS ON MEMORANDUM To: Mayor Matti Herrero Bower and M From: Jimmy L. Morales, City Manager f'""iit"------;--::.._,-- Date: September 11 t 2013 Subject: BOARD AND COMMITIEES ADMINISTRATION RECOMMENDATION: That appointments be made as indicated. ANALYSIS: Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments. VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC Ad Hoc Committee Centennial 7 Commissioner Deede Weithorn 1 Celebration Commissioner Ed Tobin 1 Commissioner Jonah M. Wolfson 1 Commissioner Michael Gongora 1 Mayor Matti Herrera Bower 1 Ad Hoc Committee Flooding Task 9 Commissioner Deede Weithorn Force Commissioner Ed Tobin Commissioner Jonah M. Wolfson Commissioner Michael G6ngora Mayor Matti Herrera Bower Affordable Housing Advisory 11 City Commission 3 Committee PAGE Page 2 Page 3 Page 4 We ore committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. Agenda Item R l:f A Date 'f-u-I~ 1067 ~ VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. Bicycle-Pedestrian Facilities Advisory 7 Committee Budget Advisory Committee Community Development Advisory Committee Debarment Committee Design Review Board Disability Access Committee Gay, Lesbian, Bisexual and Transgender (GLBT) Golf Advisory Committee Health Advisory Committee Health Facilities Authority Board Miami Beach Commission For Women 9 14 7 7 14 15 12 11 6 21 APPOINTED BY: TOTALVAC PAGE Commissioner Deede Weithorn 1 Page8 Commissioner Ed Tobin 1 Commissioner Jorge Exposito 1 Commissioner Jorge Exposito 1 Page 11 Commissioner Jerry Libbin Page 17 Commissioner Jorge Exposito 1 Page 22 Mayor Matti Herrera Bower City Commission 1 Page 23 Commissioner Ed Tobin 1 Page 25 Commissioner Jonah M. Wolfson 1 Commissioner Ed Tobin 1 Page 28 Commissioner Jonah M. Wolfson 1 Commissioner Jorge Exposito 1 Commissioner Deede Weithorn Page 29 Commissioner Michael G6ngora City Commission 1 Page 30 City Commission 1 Page 32 Commissioner Ed Tobin 2 Page 39 1068 VACANCIES BOARD OR COMMITTEE: TOTALMBRS. APPOINTED BY: Miami Beach Cultural Arts Council Miami Beach Human Rights Committee Miami Beach Sister Cities Program Parks and Recreational Facilities Board Personnel Board 11 City Commission 9 City Commission 24 Mayor Matti Herrera Bower 10 Commissioner Jerry Libbin 10 City Commission TOTALVAC PAGE 1 Page 40 1 Page 42 Page 43 1 Page 45 Page 46 Police Citizens Relations Committee 17 Commissioner Michael G6ngora 1 Page 49 Production Industry Council 7 Mayor Matti Herrera Bower Page 51 Safety Committee 14 Commissioner Jorge Exposito Page 52 Mayor Matti Herrera Bower Single Family Residential Review 3 Jimmy Morales, City Manager 3 Page 53 Panel Waterfront Protection Committee 10 Commissioner Deede Weithorn Page 59 Attached is breakdown by Commissioner or City Commission: JLM:R~p 1069 City Commission Committoos Commlttao Position First Nama Appointed by Finance & Citywide Projects Committee Chairperson Commissioner Deede Weithorn Mayor Bower Vice-Chair Commissioner Jorge Exposito Mayor Bower Member Commissioner Michael Gongora Mayor Bower Alternate Commissioner Jerry Libbin Mayor Bower Liaison Patricia Walker, Chief Financial Off. Land Use & Development Committee Chairperson Commissioner Michael Gongora Mayor Bower Vice-Chair Commissioner Jonah Wolfson Mayor Bower Member Commissioner Jerry Libbin Mayor Bower Alternate Commissioner Ed Tobin Mayor Bower Liaison Richard Lorber, Acting Planning Dir Neighborhood/Community Affairs Committee Chairperson Commissioner Edward l. Tobin Mayor Bower Vice-Chair Commissioner Jerry Libbin Mayor Bower Member Commissioner Jorge Exposito Mayor Bower Alternate Commissioner Jonah Wolfson Mayor Bower Liaison Barbara Hawayek, City Manager Monday, August 26, 2013 Page 1 of 1 1070 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 Petiorming 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 1071 Board and Committees Current Members Ad Hoc Charter Review and Revision Board 2012-28072 Composition: Pursuant to Miami Beach City Charter Section 8.01, the Charter shall be reviewed ten (10) years from November 3, 1993 and each tenth year thereafter. The board to be compsed of seven (7) members who shall be a direct appointment of the individual City Commissioners and the Mayor, and whose term shall commence on January 1, 2013 and expire on January 1, 2014 (subject to earlier or later sunset by the City Commission). The Board's powers of review shall include submittal of a report to the City Commission by June 1, 2013, which report shall include any recommendations concerning propposed amendments to the City's Charter. City Liaison: Rafael E. Granado Members: Name Last Name Position/Title Aaron Perry Alex Fernandez Jacqueline Lalonde Richard Pre ira Richard (Rick) Kendle Scott Diffenderfer Stephen Zack Term Ends: Appointed by: Term Limit: 1/1/2014 1/1/2014 1/1/2014 1/1/2014 1/1/2014 1/1/2014 1/1/2014 1072 Commissioner Jerry Libbin Commissioner Deede Weithorn Commissioner Michael Gongora Commissioner Jonah M. Wolfson Commissioner Ed Tobin Commissioner Jorge Exposito Mayor Matti Herrera Bower ----~----~-~-··--- Page 1 of60 Board and Committees Current Members Ad Hoc Committee Centennial Celebration 2013-28269 Composition: The members of this Ad-Hoc Comitee shall have the duty 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 who shall report to and receive direction from the City Commission, and which shall be comprised of seven (7) members who are direct appointments by the Mayor and City Commisison with terms of membership to begin on July 31, 2013 and expring on July 31, 2014 (subject to earlier or later sunet by the City commission). City Liaison: Max Sklar Vacancy: Members: Name Paul Ray Vacant vacant Vacant Vacant Vacant Last Name Position/Title ····---------~-·----- Cejas Breslin 7/31/2014 Mayor Matti Herrera Bower 7/31/2014 Commissioner Deede Weithom 7/31/2014 Commissioner Michael Gongora 7/31/2014 Commissioner Ed Tobin 7/31/2014 Commissioner Jonah M. Wolfson Term Ends: Appointed by: Term Limit: ------~--~ 7/31/2014 Commissioner Jerry Libbin 7/31/2014 Commissioner Jorge Exposito -----------·---.. --·-·· -----··----··---..... Monday, August 26, 2013 --------·~~-~-----Page2of60 1073 Board and Committees Current Members Ad Hoc Committee Flooding Task Force 2013-28305 Composition: The Committee shall consist of nine (9) members, seven (7) of whom shall be direct appointees by the Mayor and City Commissioners. Two (2) additional members as follows: a) one (1) member representing the Police and Fire Departments, and one (1) member representing the Public Works and CIP Departments, wich would report to and receive direction and input from the City Commission, with terns of membership to begin on August 25, 2013 and expiring on August 25 1 2014 (subjet to earlier or later sunset by the City Commission). City Liaison: Eric Carpenter Vacancy: Members: Name Richard Wayne Vacant Vacant Vacant Vacant Vacant Last Name D'Amura Pathman Rep. P. W. and CIP Dep Rep. Police & Fire Dept 8/25/2014 Mayor Matti Herrera Bower 8/25/2014 Commissioner Jorge Exposito 7/17/2014 Commissioner Michael Gongora 8/25/2014 Commissioner Ed Tobin 8/25/2014 Commissioner Deede Weithorn Position/Title Term Ends: Appointed by: Term Limit: ------- 8/25/2014 Commissioner Jorge Exposito 8/25/2014 Commissioner Jerry Libbin Monday, August 26, 2013 Page 3 of 60 1074 Board and Committees Current Members Affordable Housing Advisory Connnittee 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 CllY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archive" link; thereafter choose the first listed Commission meeting, and click on City Commission At-Large Nominations. City Liaison: Richard Bowman Vacancy: To replace (6) Not for Profit 12/31/2014 City Commission Stephanie Berman To replace Robert (1) Res. Home Bldg. 12/31/2014 City Commission Sa land To replace Jeremy (4) Low-Income Adv 12/31/2013 City Commission Glazer Members: Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: ----- Adrian Adorno (9) Res. Juris Local Govt. 12/31/2013 City Commission 12/31/17 Monday, August 26, 2013 1075 Board and Committees Current Members Amy Perry (11) Rep. Essential Serv. 12/31/2013 City Commission 12/31/17 Charles Urstadt (8) Local Plann. Bd. 12/31/2014 City Commission 12/31/17 David Smith (3) Rep. Labor Home Bid. 12/31/2014 City Commission 12/31/14 Guy Simani (1 0) Rep. Em pl. With/Juris. 12/31/2013 City Commission 12/31/17 Juan Rojas (2) Banking/Mortgage 12/31/2014 City Commission 12/31/16 Mark Wohl (7) Real Estate Prof. 12/31/2013 City Commission 12/31/17 Muayad Abbas (5) For Profit 12/31/2014 City Commission 12/31/17 Applicants Position/Title Applicants Position/Title ------- Andrew Fischer Britta Hanson Dr. Barry Ragone Emily Eisenhauer Gotlinsky Barbara Karen Fryd Marie Towers Prakash Kumar Ryan Homan Stephen Zack Monday, August 26, 2013 1076 Board and Committees Current Members Art in Public Places Composition: Two (2) year term. Appointed by a minimum of 4 votes. Sec. 82-561 Seven (7) members to be appointed by a majority of the entire City Commission, and who shall possess a high degree of competence in evaluation of art history and architectural history, art, architecture, sculpture, painting, artistic structure design and other appropriate art media for display or integration in public places. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives is located on the website at http://miamibeachfl.gov/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 OTY 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 dick on City Commission At-Large Nominations. City Liaison : Dennis Leyva Members: Name Last Name ------------- James Janda Lisa Lisette Megan Patricia Susan Applicants Annette Fromm Cindy Brown Lloyd Wetherington Austin Olemberg- Goldstein Riley Fuller Caraballo Dale Stine Elizabeth Schwartz Leslie Tobin Marjorie O'Neiii-Buttler Nicole Doswell Sharon Dodge Zoila Datorre PositiowTitle Position/Title Term Ends: Appointed by: Term Limit: ---·----~--- 12/31/2014 City Commission 12/31/16 12/31/2014 City Commission 12/31/16 12/31/2013 City Commission 12/31/17 12/31/2013 City Commission 12/31/14 12/31/2014 City Commission 12/31/16 12/31/2013 City Commission 02/31/18 12/31/2014 City Commission 02/31/18 Applicants Position!fitle Christina LaBuzetta Claire Warren David Lombardi Francis Trullenque Lisa Austin Michelle Ricci Paolo Ambu Stephen Zack ~~~~~--~~-~m-----~--~·~~ .. ~ --~· Monday, August 26,2013 Page 6 of60 1077 Board and Committees Current Members Beautification Committee Sec. 2-36 Composition: Eight (8) members, seven (7) of whom shall be direct appointees by the Mayor and City Commissioners. The chairperson of the Mayor's Ad Hoc Garden Center and Conservatory Advisory Committee or designee who shall serve as a non-voting ex-officio member. City Liaison: John Oldenburg Members: Name Last Name ··------ Daniel Nixon Lidia Resnick Lucero Levy Maria Koller Moni Cohen Silvia Rot bart Terry Blechman Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 12/31/2013 12/31/2013 12/31/2014 12/31/2014 12/31/2014 Commissioner Deede Weithorn 12/31/15 Commissioner Michael Gongora 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 12/31/2013 Commissioner Ed Tobin 12/31/14 12/31/18 Ex-officio Chair of Mayor Ad-Hoc Garden Center Applicants Amy Rabin Darin Feldman Dr. Corey Narson Kay Coulter Michelle Ricci Peter Vallis Stephen Zack Position/Title Applicants ----------. -------- Cindy Brown Dina Dissen Francinelee Hand Marivi Iglesias Mitchell Korus Rabbi Daniel Sherbill Tiva Leser 1078 Position/Title Page 7of60 Board and Committees Current Members Bicycle-Pedestrian Facilities Advisory Committee 2013-3793 Composition: The purpose of the Bicycle-Pedestrian Facilities Advisory Committee is to improve the lives of residents and visitors by promoting the development, sound management, and use of public facilities dedicated to bicycles and pedestrians in the City of Miami Beach and to make recommendations, as appropriate, to the City Commission and the City Administration. The powers and duties of the committee shall be to provide advisory recommendations regarding the use, operation, management, and development of public bicycle and pedestrian facilities to the City Commission for such action as the City Commisison may deem appropriate. The Committee shall be composed of seven (7) members, each of whom shall be a voting member who has demonstrated a high degree of interest, participation, and/or expertise in matters relating to facilities for bicycles and pedestrians in the City. The Mayor and City Commissioners shall each make one direct appointment to the committee. City Liaison: Jose Gonzalez Vacancy: Members: Name Aaron Ada Frederick Charles Sharon Applicants Vacant Vacant Vacant Last Name Davis Llerandi Sake Dodge Kenneth Bereski II 2013 Position/Title Position/Title 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 Commissioner Jonah M. Wolfson 12/12/20 12/31/2013 Mayor Matti Herrera Bower 12/31/20 12/31/2014 Commissioner Jerry Libbin 12/31/20 12/31/2013 Commissioner Michael Gongora 12/31/20 Applicants Position/Title Mance Buttram Page 8of60 1079 Board and Committees Current Members Board of Adjustment Composition: Two (2) year term. Appointed by a 5/7th vote. RSA 1·2 Sec 118· Seven {7) voting members composed of two members appointed as citizens at-large and five members shall be appointed from each of the following categories (no more than one per category), namely: Law, Architecture, Engineering, Real Estate Development, Certified Public Accountant, Financial Consultation/ and General Business. The members representing the professions of law, architecture/ engineering and public accounting shall be duly licensed by the State of Florida; the member representing general business shall be of responsible standing in the community; the member representing the field of financial consultation shall be a Certified Public Accountant/ Chartered Financial Analyst, Certified Financial Planner, a Chartered Financial Consultant or investment advisor registered with the Securities and Exchange Commission, or someone recognized as having similar credentials and duly licensed by the State of Florida. Members shall be appointed for a term of two years by a five-seventh vote of the city commission. Members of the Board of Adjustment must be either residents of or have their principal place of business in Miami Beach; provided, however, that this amendment shall not affect the term of existing members of the Board of Adjustment. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives is located on the website at http://miamibeachfl.gov/cityclerk(scroll.aspx?,72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under CTIY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission Meeting, and click on City Commission At-Large Nominations. City Liaison: Antonieta Stohl Members: Name Last Name Position/Title , ___________ ,,,,., .. ___ _ Bryan Elsa Joy Lior Noah Richard Sherry Applicants Aaron Davis Brian Ehrlich Gary Twist Jessica Conn Rosenfeld Urquiza Malakoff Leser Fox Pre ira Roberts Micky Ross Steinberg Mo11day, August 16, 2013 CPA At-Large At-Large Fin. Cons. TL 12/31/13 Real Estate Developer Law Gen. Business TL 12/31/13 Position/Title Term Ends: Appointed by: Term Limit: -----~~--·-- 12/31/2013 City Commission 12/31/15 12/31/2013 City Commission 12/31/17 12/31/2014 City Commission 12/31/16 12/31/2013 City Commission 12/31/13 12/3112014 City Commission 12/31118 12/3112014 City Commission 12/31116 12/3112013 City Commission 12/31/13 Applicants Position/Title Alexander Annunziato Gabriel Paez Guy Simani Jonathan Beloff Muayad Abbas 1080 Page Board and Committees Current Members Roberta Gould Scott Needelman -=-'~'~-~ Monday, August 26, 2013 1081 Board and Committees Current Members Budget Advisory Committee Sec. 2·44 Composition: Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one (1) appointment. Two (2) at-large appointments: one (1) certified public accountant and one (1) for a financial advisor. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing currnet information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?id=72497 Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the em 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: Kathie Brooks Vacancy: Members: Name David Dushan Jack Jacqueline John Laurence Marc Stephen Applicants To replace Antonio Hernandez Sr. Last Name Position/Title Lancz Koller Benveniste Lalonde Financial Adv. Gardiner Herrup Gidney C. P. A. Hertz Position/Title -----~-----~-~----------------- Dwight Kraai Jared Plitt Lisa Ware Regina Suarez 12/31/2013 Commissioner Jorge Exposito Term Ends: Appointed by: Term Limit: ----------------~~-----~----~-----~ 12/31/2014 Commissioner Deede Weithom 12/31/18 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 12131/2013 Mayor Matti Herrera Bower 12/31/15 12/31/2014 City Commission 12/31/2014 Commissioner Jerry Libbin 12/31/16 12/31/16 12/31/2013 Commissioner Michael Gongora 12/31/17 12/31/2014 City Commission 12/31/2014 Commissioner Ed Tobin Applicants Position/Title 12/31/14 12/31/16 --~-----------~~~--- Eric lawrence John Bowes Noah Fox 1082 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 an 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 Members: Name Last Name 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 (CS) DeveloperTL 12/31/13 12/31/2013 City Commission 12/31/13 Dwight Kraai (2) Engineer TL 12/31/13 12/31/2014 City Commission 12/31/13 Elizabeth Carmargo Principal 12/31/2013 City Commission 12/31/13 ~ii.'Ht.m-""".OIIo.OMJ1i."< ~)>Ji/.!-l:tl';';tt•"'"-""""-'"''~-~~~~' J\fo11day, August 26, 2013 Page 12 of60 1083 Board and Committees Current Members Robert Saul Stacy Tony Applicants Rabinowitz Gross Kilroy Trujillo ~~- Annsheila Turkel Dominique Bailleul Harold Foster James Lloyd (C5) Engineer (1) Mayor Designee (C3) ConsVG/ Cont.TL 12/1 (C4) Cap.Budg/Finance Position/Title 12/31/2014 12/31/2013 12/31/2014 12/31/2014 Applicants City Commission Mayor Matti Herrera Bower City Commission City Commission Position/Title Daniel Manichello Gianluca Fontani lvette Isabel Borrello Jurgen Brendal 1084 12/31/17 12/31/15 12/31/13 12/31/16 Board and Committees Current Members Committee for Quality Education in MB Sec. 2-190.134 Composition: The committee shall consist of fifteen (15) voting members and three non-voting ex-officio members to be comprised as follows. A representative from each of the following eight schools, selected by the Parent Teacher Association: North Beach Elementary, Biscayne Elementary, Feinberg-Fisher 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 J:INo (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: Appointed by: Term Limit: -------------------------- Beverly Heller 12/31/2014 Mayor Matti Herrera Bower 12/31/16 lvette Isabel Borrello 12/31/2013 Commissioner Jonah M. Wolfson 12/31/17 Karen Rivo 12/31/2013 Commissioner Deede Weithorn 12!31/15 Kay Coulter TL 12/31/13 12/31/2013 12/31/2014 12/31/2014 12/31/2014 Keren Bajaroff Sheila Duffy-Lehrman Tiffany Heckler Christy Farhat Dr. Leslie Rosenfeld Elisa Leone Ivette Birba Jill Swartz John Aleman Matti Herrera-Bower Rebeka Cohen Rosa Neely Tamar Oppenheimer Vacant Applicants Rep. of ltle PTA South Pointe Elementary-6/30/14 ACM/City Manager designee Rep. of the PTA for Biscayne Elementary 06/30/14 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 City Commission designee Rep. of the PTA for Nautilus Middle School-6/30/14 Rep. of PTA for Treasure Island Elem. 06/30/14 Rep. PTA for Ruth K. Broad K-8 6/30/14 City Commission designee Position/Title Applicants Commissioner Jerry Lib bin Commissioner Ed Tobin 12/31/13 12/31/15 Commissioner Jorge Exposito 12/31/17 Commissioner Michael G6ngora 12/31/18 Position/Title -------,.,,,..,, •..••..•.. ----·---···· ",,,,0, ·"~--'" ~"-" Monday, August 26, 2013 Page 14 of60 (Continued .... 1085 Board and Committees Current Members David Crystal Judith Berson-Levinson Laura Cullen Marina Aviles Monday, August 26, 2013 Elaine Litvak Kristen Rosen Gonzalez Laurie Kaye Davis Marjorie York 1086 --~--~-· ----~~ Page 15 of60 Board and Committees Current Members Committee on the Homeless Composition: The committee shall consist of nine (9) members1 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)r 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)1 city officials1 representative from the Police Department and the City Attorney's Office as ex-officio members. City Liaison: Maria Ruiz Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ---------~·--------·---·---·-·--------- Annsheila Turkel Cary Yee Quee Dale Gratz Gail Harris Jonathan Kroner Lisa Ware Prakash Kumar Rabbi Daniel Sherbill Rachael Zuckerman Applicants Eda Valero-Figueira Irina Pindelea Leah Rey Mitchell Korus Rocio Sullivan Monday, August 26, 2013 TL 12/31/13 Position/Title 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Mayor Matti Herrera Bower 1213112014 Commissioner Ed Tobin 12/31119 12/31119 12/31114 12/31116 12/31/2013 Commissioner Jorge Exposito 12/31117 12/31/2014 Commissioner Jonah M. Wolfson 12/31113 12/31/2014 Commissioner Jerry Libbin 12/31/16 12/31/2014 Commissioner Michael Gongora 12/31/19 12/31/2013 Commissioner Deede Weithorn 12/31/17 Applicants Helen Swartz Kimberly Diehl Melissa Mokha Muayad Abbas Rosalie Pincus 1087 Position/Title Page Board and Committees Current Members Community Development Advisory Committee Composition: Committee shall be composed of fourteen (14) members. The Mayor and City Commissioners shall each make two (2) direct appointments. Sec. 2-190.110 The fourteen (14) direct appointees shall fulfill the city affiliation requirement in either of the following ways: 1) At least seven (7) appointees shall either be: (a) Miami Beach residents, for a minimum of six (6) months, in non-target areas or (b) either city residents, or non-residents, who hold a leadership position in organizations that provide community development services to low and/or moderate-income people or neighborhoods, preferably within the city, provided, however, the organization that the appointee holds such position in cannot be a current or future recepient of city CDBG or HOME funds. 2) The remaining appointees shall either be: a) A resident or a locally desginated community development target area for a miminum of six (6) months; or, b) Demonstrate ownership/interest for a minimum of six (6) months in a business established in a locally designated community development target area for a minimum of six (6) months. City Uaison: 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 Applicants Adrian Adorno Andrew Fischer Dr. Barry Ragone Jeffrey Graff Kay Coulter Michael Rotbart Russell Hartstein Position/Title Citywide Target Area Position/Title 12/31/2014 Commissioner Jerry Libbin Term Ends: Appointed by: Term Limit: ··-·------- 12/3112014 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 12/31/18 12/31/2013 Mayor Matti Herrera Bower 12/31/17 12/31/2013 Commissioner Jorge Exposito 12/31/20 12131/2013 Commissioner Jonah M. Wolfson 12/31/15 12/31/2013 Commissioner Michael Gongora 12131/2014 Commissioner Jorge Exposito 12/31/2013 Commissioner Michael Gongora Applicants Alejandro Dominguez Christina Nicodemou Jeffrey Feldman Juan Rojas Mark Wahl Monica Mattso-Salinas Sarah Johnston Position/Title 12131/20 12131/20 12131119 Page 17 of 60 (Continued .... 1088 Board and Committees Current Members Steve Berke Page 18 of60 1089 Board and Committees Current Members Community Relations Board Sec. 2-190.11 Composition: The board shall consist of seventeen (17) members. Eleven (11) members shalll be voting members to be appointed in the following manner: Seven (7) direct appointments, with the Mayor and each City Commissioner appointing a member. Three (3) members shall be appointed by the City Manager and one (1) ex-officio member shall be appointed by the Miami-Dade Community Relations Board from its membership. Four (4) non-voting, ex-officio members shall be the chairpersons or designees of the following: Commission on the Status for Women Committee on the Homeless, Hispanic Affairs Committee, and Police/Citizen Relations Committee. Two (2) non-Voting ex-officio,: the police chief or his or her designee and the director of the Bureau of Children's Affairs. The composition of the board shall be reviewed every two (2) years. City Liaison: Lynn Bernstein Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Adam Andres Barbara Brad Darin Debra Laurie Kaye Robert Seth Lisa Ware Maria Ruiz Marjorie York Patty Hernandez Applicants ·-·---·· ------···----- Kravitz As ion 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Kathie G. Brooks, Int. City 12/31/20 Manager Montero Fleet Feldman TL 12/31/13 12/31/2014 12/31/2013 12/31/2013 Schwartz Davis TL 12/31/13 12/31/2014 12/31/2014 Sen a Feuer ex-officio Police Chief Designee 12/31/2013 12131/2014 ex-officio of Police Otizens 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 Commissioner Jorge Exposito Commissioner Deede Weithorn Kathie G. Brooks, Int. City Manager Commissioner Ed Tobin Kathie G. Brooks, Int. City Manager Commissioner Michael Gongora Commissioner Jerry Libbin Position/Title 12/31/15 12/31/13 12/31/19 12/31/15 12/31/13 12/31/19 12/31/20 ---- Claudia Moncarz David Alschuler Eliane Soffer Ivan Rusilko Lori Gold Mark Balzli Monday, August 26, 2013 Dale Gratz David Crystal Irene Valines Jacobo Epelbaum Maria Zayas-Bazan Monica Matteo-Salinas 1090 Board and Committees Current Members Peter Vallis 1091 Board and Committees Current Members Convention Center Advisory Board Composition: The board shall consist of seven (7) voting members. The Mayor and each Commissioner shall make one (1) direct appointment. Sec. 2-46 The chairperson of the board of directors of the Miami Beach Chamber of Commerce or his/her designee shall serve as a non voting ex-officio member. The Chairperson of the board of directors of the Greater Miami Convention and Visitors Bureau or his designee shall serve as a non voting ex-officio member. Administrative representatives from the management group, Greater Miami Convention and Visitors Bureau, and the city manager's office shall serve as non-voting ex-officio members. City Liaison: Lenny Timor Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ---··· .. ···--------·-·· 12/31/2014 Commissioner Jorge Exposito 12/31!19 Alan Elizabeth Joshua Leon Roger Stuart Tim Lips Resnick Wallack Manne Abramson Blumberg Nardi 12/31/2013 Commissioner Jonah M. Wolfson 12/31/20 TL 12/31/13 ex-off. Global Spectrum Adm Rep. ex-officio, GMCVB Adm Rep 12/31/2014 12/31/2013 12/31!2014 12/31!2013 12/31/2013 Commissioner Ed Tobin Commissioner Jerry Libbin Commissioner Michael Gongora Mayor Matti Herrera Bower Commissioner Deede Weithorn Bob Balsam Ita Moriarty Stephanie Ruiz Vacant ex-officio, Chairperson Bd. Of Dir. MBCC ex-officio member of the City Manager's Office Applicants David Lombardi Gayle Durham Mark Wahl Natalie Koller Position/Title _.,.. . ~-~-~---· Monday, August 26, 2013 Applicants Eric Lawrence Gotlinsky Barbara Michael Rotbart Rocio Sullivan 1092 Position/Title 12/31/19 12/31/13 12/31/16 12/31/15 12/31/17 Board and Committees Current Members Debarment Committee Sec. 2-190.128 Composition: The committee shall consist of seven (7) voting members to be individually appointed by the Mayor and Commissioners. The committee's purpose is to evaluate and 1 if warranted1 to impose debarment as provided in Sections 2-397 through 2-406 of the City Code to exclude a contractor (and, in limited instances/ a bidder or proposer) from city contracting and city approved subcontracting. City Liaison: Alex Denis Vacancy: Members: Name Anthony Antonio Darius Dr. Ronald Joseph Applicants To replace Stephen Zack To replace Melvyn Schlesser Last Name Position/Title Broad Hernandez Jr. Asly Shane Hagen Position/Title John Bowes Michael Perlmutter 12/31/2014 Mayor Matti Herrera Bower 12/31/2014 Commissioner Jorge Exposito Term Ends: Appointed by: Term Limit: ----~~ ... ., .. ., _________ ,_ 12/31/2014 Commissioner Ed Tobin 12/31/16 12/31/2014 Commissioner Michael Gongora 12/31/18 12/31/2013 Commissioner Deede Weithorn 12/31/17 12/31/2013 Commissioner Jerry Libbin 12/31/17 12/31/2013 Commissioner Jonah M. Wolfson 12/31115 Applicants Position/Title ·---·-------------· ·---~-- Lori Gold Zachary Cohen 1093 Board and Committees Current Members Design Review Board Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular members. The seven (7) regular members shall consist of: 1) two architects registered in the Untied States; Sec. 118.71 2) an architect registered in state of Florida or a member of the faculty of the school of architecture, urban planning, or urban design in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture, or a professional practicing in the fields of architectural design, or urban planning; 3) one landscape architect registered in the state of Florida; 4) one architect registered in the United States, or a profesional practicing in the fields of architectural or urban design, or urban planning, or a resident with demonstrated interest or background in design issues; or an attorney in good standing licensed to practice law within the United States; and 5) two citizens at large. One person appointed by the City Manager from an eligibility list provided by the Disability Access Committee shall serve in an advisory capacity with no voting authority. The Planning Director/ or designee and the City Attorney or designee shall serve in an advisory capacity. Residency and place of business in the county. The two (2) citizen-at-large members and one of the registered landscape architects, registered architects, professional designer or professional urban planners shall be residents of the city. Please see the "Agenda -Agenda Archives" for the continously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives is located on the website at http://miamibeachfl.gov/cityclerkjscroll.aspx?id=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the OlY MEmNGS section 1 located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Thomas Mooney Vacancy: Members: Name To replace Lilia Medina Last Name Carol Hausen Jason Hagopian Leslie Tobin Manuel (Mickey) Minagorri Marilys Nepomechie Seraj Saba Urban Planner Position/Title At-large Registered Architect Registered Architect At-large Architect Lands. Arch_ TL 12131/13 Gary Held advisory/City Attorney Designee 12/31/2014 Oty Commission Term Ends: Appointed by: Term Limit: ------------ 12/31/2014 City Commission 12/31/16 12/31/2013 City Commission 12/31/15 12/31/2013 City Commission 12/31/16 12131/2013 City Commission 12/31/17 12/31/2014 City Commission 12/31/17 12/31/2013 City Commission 12/31/13 1094 Board and Committees Current Members Richard Lorber Vacant Applicants Alexander Annunziato Brian Ehrlich Elsa Urquiza Gary Twist Jeffrey Cohen Jurgen Brendal Sarah Johnston Stacy Kilroy advisor)'/Acting Planning Director ex-officio/Disability Access Committee Position/Title Applicants Andres Asian Elizabeth Carmargo Francis Steffens Jean-Francais Lejeune Jessica Conn Ryan Homan Seth Wasserman Terry Bienstock 1095 Position!Title Board and Committees Current Members Disability Access Committee Composition: The Committee shall be composed of: 2006-3500 5 2-31 A board quorum of eight (8) members and requiring at least eight (8) votes for board action. Fourteen (14) voting members who shall be direct appointees by the Mayor and City Commissioners. 1) persons having mobility impairments; 2) deaf and/or hard-of-hearing persons in the community; blind and/or vision impaired persons in the community; 3) mental, cognitive or developmental disabilities; 4) the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation). 5) One non-voting ex-officio member who is either a member of the disable community or has special knowledge of Americans with Disabiities Act (ADA) issues. As per ordinance 2011-3731, in addition to other power and duties, the chairperson of the committee may designate a committee member to attend meetings of other city agencies, boards, or committees for the purpose of providing and obtaining input regarding accessibilty related issues and reporting to the dissability access committee on matters set forth in subsection (b) so that the disability access committee may provide recommendations to the city departments specified in subsection (b) or to the city commission. As per Ordinance 2012-3757 amended Sec. 2-31(D) to increase the number of members from seven(?) to fourteen (14) and amended the quorum requirement City Liaison: Jay Fink Vacancy: Members: Name Andrea Lisa Andrew David David Dr. Susan Helen Lawrence Lee Russell Sabrina Susana Wendy To replace Barbara Gotlinsky To replace John Bennet Last Name Position/Title ---------- Travaglia Feuerstein New McCauley Solman Swartz Fuller TL 12/31/13 Weiss Hartstein Cohen Maroder-Rivera Unger ---~~~''"·----·~--~ Monday, August 26, 2013 12/31/2013 Commissioner Ed Tobin 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 12/31/2014 Commissioner Deede Weithorn 12/31/15 12/31/2014 Commissioner Michael Gongora 12/31/20 12/31/2013 Commissioner Deede Weithorn 12/31/19 12/31/2013 12/31/2013 12/31/2014 12/31/2013 Commissioner Michael Gongora 12/31/18 Commissioner Jerry Libbin 12/31/13 Commissioner Jonah M. Wolfson 12/31/19 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 1096 Board and Committees Current Members Ex-officio member Applicants Position/Title Applicants Position/Title ---~~~~~-~ -------~~--~~---- Britta Hanson Rafael Trevino LVJonaay, August 26, 2013 Page26of60 1097 Board and Committees Current Members Fine Arts Board Reso 2000-24216 Composition: Fourteen (14) members with Mayor and City Commissioners appointing two (2) members each. The Miami Beach Fine Arts Board promotes the work of contemporary visual and cultural artists, enhances the appreciation for the arts in the community at large, and provides economic stimulation to under served neighborhoods. City Liaison: Gary Farmer Members: Name Last Name Position/Title ~--------· ~------~ 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 Tiva Leser Applicants Position/Title Beverly Heller Dale Stine David McCauley Dorian Nicholson Francinelee Hand James Weingarten Jeffrey Feldman Josephine Pampanas Nicole Doswell Patti Hernandez ~~---···,····-~~~~--Monday, August 26, 2013 Term Ends: Appointed by: Term Limit: 12/31/2013 Commissioner Jorge Exposito 12/31/19 12/31/2013 Commissioner Michael Gongora 12/31/20 12/31/2013 Mayor Matti Herrera Bower 12/31/15 12/31/2014 Commissioner Jerry Libbin 12/31/18 12/31/2014 Commissioner Jorge Exposito 12/31/17 12/31/2014 Commissioner Michael Gongora 12/31/20 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 12/3112014 Commissioner Ed Tobin 12/31120 12/31/2014 Commissioner Jonah M. Wolfson 12/31/15 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 Applicants ~·----··~ --- Bradley Ugent David Lombardi Dina Dissen Elizabeth Resnick Francis Trullenque Janda Wetherington Jenna Ward Nelida Barrios Paolo Ambu Seth Feuer 1098 Position/Title ---···~------~--- Board and Committees Current Members Gay, Lesbian, Bisexual and Transgender (GLBT) Ord. 2009-3635 Composition: The Committee shall consist of fifteen (15) voting members{ with three (3) members to be directly appointed by the Mayor1 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 Vacancy: Members: Name Billy Chad Cindy Dale Edison Jorge Karen Laura Marivi Michael Nelida Thomas Applicants To replace Willis "Chip" Arndt Jr. To replace Ivan Cane To replace Daniel Spring Last Name Positionffitle Kemp Richter Brown Stine Farrow Rich a Brown Veitia Iglesias Bath Barrios Barker Position/Title Dorian Nicholson Paolo Ambu Richard Murry Walker Burttschell 12/31/2013 Commissioner Ed Tobin 12/31/2014 Commissioner Jonah M. Wolfson 12/31/2013 Commissioner Jorge Exposito Term Ends: Appointed by: Term Limit: 1213112014 12/3112014 12/3112013 12/3112014 1213112013 Mayor Matti Herrera Bower 12/31/16 Commissioner Ed Tobin 12/31/16 Commissioner Jonah M. Wolfson 12/31/19 Commissioner Michael Gongora 12/31117 Commissioner Jerry Libbin 12/31116 1213112013 Mayor Matti Herrera Bower 12/31117 12/31/2013 Mayor Matti Herrera Bower 12/31/17 12/31/2014 Commissioner Jorge Exposito 12/31116 12/31/2013 Commissioner Deede Weithorn 12/31118 12131/2014 Commissioner Jerry Lib bin 12/31/17 12131/2014 Commissioner Deede Weithorn 12/31/16 12/31/2013 Commissioner Michael Gongora 12/31/16 Applicants Elizabeth Schwartz Rafael Trevino Steven Adkins 1099 Position/Title Board and Committees Current Members Golf Advisory Committee Composition: The committee shall be composed of twelve (12) members. Consisting of eleven (11) voting members, seven (7) by direct appointment by the mayor and city commissioners,and four who shall be the presidents of the Bayshore and Normandy Shores Men's and Women's Golf Association. The city manager or his designee shall serve as a non voting ex-officio member. Sec. 2-76 The chairperson of the Golf Advisory Committee or his designee shall serve as a non-voting, ex-officio member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and Recreational Facilities Board. City Liaison: Kevin Smith Vacancy: Members: Name Jeffrey Jenifer John Joseph Michael Kevin Smith Applicants Jane Hayes Robert Sena To replace Gregory Carney To replace Jeff Blumenthal Last Name Position/Title 12/31/2014 Commissioner Michael Gongora 12/31/2014 Commissioner Deede Weithorn Term Ends: Appointed by: Term Limit: ----~--·------------------- Cohen Caplan Barker Conway Piazza 12/31/2013 Commissioner Jerry Libbin 12/31/16 12/31/2013 Commissioner Jorge Exposito 12/31/17 12/31/2014 Commissioner Ed Tobin 12/31/15 12/31/2013 Mayor Matti Herrera Bower 12/31/18 12/31/2014 Commissioner Jonah M. Wolfson 12/31/17 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 ----- Mitchell Korus Zachary Cohen Position/Title l'.~. T ~!'.'l..'iii'iinP##JC'i<JJI&..tJK---~~- Monday, August 26, 2013 1100 Board and Committees Current Members Health Advisory Committee Sec. 2-81 2002- Composition: Eleven (11) voting members. Appointed by the City Commission at-large, upon recommendations of the City Manager: One (1) member shall be the chief executive officer (CEO's) or a designated administrator from Mount Sinai Medical Center, One (1) member shall be the Chief Executive Officer (CEO) from Miami Beach Community Health Center or his/her designee administrator; Two (2) member shall be an administrator from an Adult Congregate Living Facility (ACLF). And/or an Assisted Living Facility (ALF); One (1) member shall be a representative from the nursing profession; One (1) member shall be a health benefits provider; Two (2) members shall be physicians.; Two (2) members shall be consumers consisting of: 1) one (1) individual from the corporate level and ; 2) one (1) private individual. One member shall be a physician or an individual with medical training or experience. There shall be one (1) non-voting ex-officio representative from each of the following: The Miami Dade County Health Department, the Health Council of South Florida, and the Fire Rescue Department. The director of the Office of the Children's Affairs shall be added as a non-voting ex- officio member of the board. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agend Archives website is located at http://m iamibeachfl.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 CTIY MEmNGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Sonia Bridges Vacancy: Vacant Members: Name Last Name Anthony Japour Dr. Andrew Nullman Dr. Jay Rein berg Dr. Stacey Kruger Harold Foster Rachel Schuster Shaheen Wirk Steven Sonenreich Tobi Ash Monday, August 26,2013 CEO/MB Comm. Health 12/31/2013 City Commission Position/Title ACLF Physician Physician Physician Privae Individual ACLF Private Individual CEO/Mt. Sinai/MH (NTL) Nursing Profession Term Ends: Appointed by: 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission ,.-»="''''"''4W<'*"ffllmi'W!<~R'-""="'-,. Term Limit: 12/31/16 12/31/14 12/31/16 12/31/16 12/31/15 12/31/16 12/31/15 12/31/15 Page30of60 1101 Board and Committees Current Members Todd Julie Zaharatos Maria Ruiz Applicants Ivan Rusilko Leah Rey Narson Health Provider Rep. from the Health Council of South Fla ex-officio, Director of Children's Affairs Position/Title 12/31/2013 City Commission Applicants Jared Plitt Lisa Ware Position/Title Page 31 of60 1102 12/31/16 Board and Committees Current Members Health Facilities Authority Board Composition: Four (4) year terms. Five (5) members shall consist of; two (2) health providers, Sec. 2-111 one (1) individual in the field of general business who possesses good standing in the community; one (1) accountant and; one (1) attorney. The chairperson of the Health Advisory Board shall serve as a non-voting advisor to the Authority. Members shall be residents of the City. Florida Statute 154.207 No term Limits. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives is located on the website at http:/ fmiamibeachfl.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: Patricia Walker Vacancy: Members: Name Arthur Marc Mark Sidney vacant Applicants Racllel Schuster Shalleen Wirk To replace Alison Attorney Stone Last Name Unger Umlas Sinnreich Goldin Position/Title Accountant Health Provider Health Provider General Business Chairperson, Health Advisory Board Position/Title Monday, August 26, 2013 6/19/2017 City Commission Term Ends: Appointed by: Term Limit: "·--- 6/19/2016 City Commission FS 154-207 6/19/2014 City Commission FS-154-207 6/19/2015 City Commission FS 154-207 6/19/2014 City Commission FS 154-207 Applicants Position/Title Rosalie Pincus 1103 Board and Committees Current Members Hispanic Affairs Committee Sec. 2-190.21 Composition: The committee shall consist of seven (7) members1 with the Mayor and each Commissioner making one (1) appointment. The chairperson .of the Hispanic Affairs Committee or his/her designee shall serve as a non-voting ex- officio member of the Community Relations Board. City Liaison: Nannette Rodriguez Members: Name Last Name ----~-~----.. ·--·------ Ana Cecilia Velasco Antonio Purrinos Eliane Soffer Francis Trullenque Ivan Cane Luz Rojas Patti Hernandez Applicants Maria Zayas-Bazan Regina Suarez 2013 Position/Title Position/Title Term Ends: Appointed by: Term Limit: ------~------~-- 12/31/2013 Commissioner Michael Gongora 12/31/18 12/31/2014 Commissioner Jonah M. Wolfson 12/31/16 12/31/2014 Commissioner Jorge Exposito 12/31/17 12/31/2013 Commissioner Ed Tobin 12/31/15 12/31/2014 Commissioner Jerry Libbin 12/31/20 12/31/2014 Mayor Matti Herrera Bower 12/31/19 12/31/2013 Commissioner Deede Weithorn 12/31/15 Applicants Position/Title -~~--------~---------- Rafael Trevino Page33of60 1104 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 (01--IT); 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 MEmNGS section, located on the right hand side of the webpage1 click on the "Agenda -Agenda Archives" link; thereafter/ choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Thomas Mooney Members: Name Last Name Position/Title ___________ ., _____ _ David Dominique Henry Herb Ira Wieder Bailleul Lares So sa Giller Attorney At-large Faculty Mem. TL 12!31{13 MDPL Reg. Architect Jane Gross Dade Heritage Josephine Manning At-large -~!:l?ii~~J.!IF.W!<O.' ~~·~·-· '""'"""=""""'>cw.~!-----· Mo11day, August 26, 2013 Term Ends: Appointed by: Term Limit: 12/31/2013 City Commission 12/31/15 12/31/2014 City Commission 12/31/16 12/31/2013 City Commission 12/31/13 12/31/2014 City Commission 12/31/15 12/31/2013 City Commission 12/31/17 12/31/2014 City Commission 12/31/16 12/31/2014 City Commission 12/31/14 1105 Board and Committees Current Members Applicants Adam Kravitz Alejandro Dominguez Elizabeth Carmargo Francis Steffens Jean-Francais Lejeune Raymond Adrian Monday, August 16, 2013 Position/Title Applicants Albert Mertz Dona Zemo Elizabeth Pines Guy Simani Marilys Nepomechie 1106 Position/Title Page of60 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: Maria Ruiz Members: Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: --------- Emilio DeJesus Fernandez HA Commissioner 10/11/2013 Mayor Matti Herrera Bower 10/11/17 Eugenio Cabreja HA Commissioner 10/11/2016 Mayor Matti Herrera Bower 10/11/18 Michael Band HA Commissioner 10/11/2013 Mayor Matti Herrera Bower 10/11/16 Peter Chavelier HA Commissioner 10/11/2015 Mayor Matti Herrera Bower 10/11/19 Raymond Adrian HA Commissioner 10/11/2014 Mayor Matti Herrera Bower 10/11/18 Applicants Position/Title Applicants Positionffitle ---··· --~----·-----··------------------·--- Gotlinsky Barbara Prakash Kumar Page36 of60 1107 Board and Committees Current Members Loan Review Committee Sec. 2-166 Composition: The committee shall consist of seven (7) voting members whom shall be direct appointments by the Mayor and City Commissioners. The finance director or his/her designee and the city manager or his/her designee shall serve as non- voting ex-officio members A member of the Community Development Advisory Committee (CDAC) shall be designated to serve as a non-voting ex-officio member of the LRC in order to facilitate communications between the LRC and CDAC. City Liaison: Rocio Soto Members: Name Last Name Positiooffitle Term Ends: Appointed by: Term Limit: ----···-----·---· .. ------ Eric Lawrence 12/31/2014 Jay Dermer 12/31/2014 Juan Torres 12/31/2013 Mario Coryell 12/31/2014 Mayra Diaz Buttacavoli 12/31/2013 Michael Rotbart TL 12/31/13 12/31/2013 Steve Zuckerman 12/31/2014 ex-officio member of the CDAC Patricia Walker ex-officio Finance director or his/her designee ----·-----.. ··---·------ 1108 Commissioner Michael Gongora 12/31/17 Commissioner Jonah M. Wolfson 12/31/18 Mayor Matti Herrera Bower 12/31/15 Commissioner Jorge Exposito 12/31/17 Commissioner Ed Tobin 12/31/17 Commissioner Deede Weithorn 12/31/13 Commissioner Jerry Libbin 12/31/14 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: Manny Villar Members: Name Last Name Position/Title Addison Sammet Christopher Todd Daniel Kipnis Joel Aberbach Maurice Good beer Sasha Boulanger Stephen Bernstein Michael George ex-officio MB Marine Patrol Applicants Alex Espenkotter Jacobo Epelbaum William Cahill 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 Jenry Libbin 12/31/2013 Commissioner Ed Tobin 12/31/2014 Commissioner Deede Weithorn Applicants Position/Title Elaine Roden Jonathan Beloff 1109 12/31/20 12/31/19 12/31/18 12/31/18 Board and Committees Current Members Miami Beach Commission For Women Composition: Twenty-one (21) members. 2007-3570 s 2190- Each of the seven (7) members of the commission shall appoint three (3) members. The chairperson of the Commission on the Status of Women or its designee shall serve as a non- voting ex-officio member of the Community Relations Board. City Liaison: Wanda Geist Vacancy: To replace 12/31/2014 Commissioner Ed Tobin Gertrude Arfa To replace Ana 12/31/2013 Commissioner Ed Tobin Kasdin Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: -------·---~-----·- Claudia Moncarz 1213112014 Mayor Matti Herrera Bower 12131/17 Debra Quade 1213112013 Commissioner Jerry Libbin 12131119 Elsa Orlandini (TL 12/31113) 1213112013 Commissioner Jonah M. Wolfson 12131113 Francinelee Hand 1213112013 Commissioner Jerry Libbin 12/31116 Jessica Conn 12/31/2014 Commissioner Jonah M. Wolfson 12/31119 Karen Edelstein 12/31/2014 Commissioner Jerry Libbin 12/31115 Kristen Rosen Gonzalez 12/31/2014 Commissioner Jonah M_ Wolfson 12/31/20 Laura Bruney (TL 12/31/13) 12/31/2014 Commissioner Jorge Exposito 12/31/13 Laura Cullen 12/31/2013 Commissioner Michael Gongora 12/31/19 Leslie Coller 12/31/2013 Commissioner Deede Weithorn 12/31/15 Maribel Qui ala 12/31/2014 Commissioner Jorge Exposito 12/31/16 Marjorie York (TL 12/31/13) 12/31/2013 Mayor Matti Herrera Bower 12/31/13 Mercedes Carlson 12/31/2013 Commissioner Jorge Exposito 12/31/18 Nikki Weisburd 12/31/2014 Commissioner Ed Tobin 12/31/15 Regina Suarez 12/31/2014 Commissioner Michael Gongora 12/31/17 Regina Berman 12/31/2014 Mayor Matti Herrera Bower 12/31/17 Roberta Gould 12131/2013 Commissioner Deede Weithorn 12131/15 Rocio Sullivan 12131/2014 Commissioner Michael G6ngora 12131/19 Vanessa Menkes 12131/2013 Commissioner Deede Weithorn 12131/20 Applicants Position/Title Applicants Position/Title ------------·------·---·------------~-------- Annette Cannon Britta Hanson Eda Valero-Figueira Jennifer Diaz Maria Zayas-Bazan Marjorie O'Neiii-Buttler Monica Matteo-Salinas Wendy Kallergis Monday, August 26,2013 Barbara Morris Dale Gratz Elizabeth Resnick Judith Berson-Levinson Marie Towers Merle Weiss Sharon Dodge 1110 Board and Committees Current Members Miami Beach Cultural Arts Council Composition: Three (3) years term. Vacancies submitted by slate of candidates provided by the council. Sec. 2-51 Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission. Effective December 31, 2001, concurrent with the expiration of the terms of six {6) members of the council/ and the resulting vacancies thereon, three (3) members shall be appointed for three (3) year terms each, provided that one of those appointments shall be to fill the vacancy of the one (1) year term expiring on December 31, 2001, and three (3) members shall be appointed for two (2) year terms each. Additionally, effective December 31, 2002, no council member may serve more than six (6) consecutive years. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http:/ /miamibeachfl.gov/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 CTIY 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 dick on City Commission At-Large Nominations. City Liaison: Gary Farmer Vacancy: Members: To replace Ileana Bravo-Gordon 12/31/2015 City Commission Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Beatrice Hornstein Charles Million Daniel Novela Ed a Valero-Figueira Gregory Melvin Isadore Havenick Ma~orie O'Neiii-Buttler Merle Weiss Nina Duval Zoila Datorre Applicants Annette Fromm Calvin Kohli Elizabeth Pines Janda Wetherington Jenna Ward Michael McManus Monica Minagorri TL 12/31/13 TL 12/31/13 Position/Title -------- 1213112015 City Commission 1213112013 City Commission 12/31/2015 City Commission 12/3112014 City Commission 12/3112014 City Commission 12/3112013 City Commission 12/31/2015 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission Applicants Bradley Ugent Christina LaBuzetta Eugenio Cabreja Jason Witrock Mark Balzli Position/Title Monica Harvey Nathaniel Korn 1111 12131/15 12131/17 12131/15 12131/14 12131/15 12131/13 12/31115 12/31117 12/31113 12/31/14 Board and Committees Current Members Nicole Doswell Steve Berke Monday, August 26, 2013 Patti Hernandez 1112 ----~----~-------Page 41 of60 Board and Committees Current Members Miami Beach Human Rights Committee 2010-3669 Composition: The committee shaH 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 shaH possess, in addition to the general qualifications set forth herein for members, a license to practice law in the State of Florida; be an active member of and in good standing with the Florida Bar, and have experience in civil rights law. The attorney member shall also serve as chair of the committee. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http://miamibeachfl.gov/cityclerkjscroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CllY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Ralph Granado Vacancy: To replace Carlos J. Ortuno Members: Name Last Name ----~-. Alan Fishman Bradley Ugent Dr. Barry Ragone Elizabeth Schwartz Monic:a Harvey Rachel Umlas Rafael Trevino Walker Burttschell William Warren Jr. Applicants Andrea Lisa Travaglia Prakash Kumar Position/Title Law Position/Title ---~"-":_""·--~~-Monday, August 26, 2013 12/31/2014 City Commission Term Ends: Appointed by: Term Limit: 12/31/2013 City Commission 12/31/16 12/31/2013 City Commission 12/31/18 12/31/2014 City Commission 12/31/16 12/31/2013 City Commission 12/31/16 12/31/2014 City Commission 12/31/18 12/31/2014 City Commission 12/31/18 12131/2014 City Commission 12/31/16 12/31/2013 City Commission 12/31/16 12/31/2013 Mayor Matti Herrera Bower 12/31/19 Applicants Position/Title --·-···----··· -----·------··--~·····---·-. Dr. Andrew Nullman 1113 Board and Committees Current Members Miami Beach Sister Cities Program Sec. 2-181 Composition: The Coordinating Council is the governing body of the overall Sister Cities Program. The council shall consist of; one (1) representatives per Sister City affiliation and , nine (9) other members. All of these members are appointed by the mayor. The members of the coordinating council shall be persons who are interested in furthering the purpose of the program. Any person interested in furthering the purpose of the program may become a member of an individual sister city committee upon approval by the coordinating council. To qualify, the person shall present a resume and a letter of interest to the committee chairperson. These members are appointed by the Mayor of the City of Miami Beach for two (2) years. City Liaison: Diana Fontani Vacancy: To replace other 12./31/2014 Mayor Matti Herrera Bower Stephanie Trinidad Members: 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 12131/2014 Mayor Matti Herrera Bower Charlotte Libov other 12/3112013 Mayor Matti Herrera Bower Elaine Roden Basel, Switzerland 12131/2013 Mayor Matti Herrera Bower Faye Goldin other 12/31/2014 Mayor Matti Herrera Bower Gary Twist Fortaleza Brazil 12/3112014 Mayor Matti Herrera Bower George Neary other 12/31/2014 Mayor Matti Herrera Bower Ileana Bravo-Gordon Rio de Janeiro, Brazil 12/31/2014 Mayor Matti Herrera Bower Ivan Rusilko other 12/31/2013 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 Wendy Kallergis Pescara, Italy 12/31/2013 Mayor Matti Herrera Bower Zeiven Beitcl1man other 12/31/2014 Mayor Matti Herrera Bower Term Limit: -------·· ·- 12/31/19 12/31/13 12/31120 12/31117 12/31/18 12/31/17 12/31/16 12/31/19 12/31/20 12/31/19 12/31/19 12/31/19 12/31/17 12/31/20 12/31/16 12/31/16 12/31/16 12/31/19 12/31/14 Applicants Position/Title Applicants Position/Title Ada Llerandi Claudia Moncarz Dr. Andrew Nullman Josephine Pampanas Michael Rotbart Raymond Adrian -~,.,-~,,·----~-Monday, August 26, 2013 Charles Million Darin Feldman Gabriel Paez Marcella Paz Cohen Rabbi Daniel Sherbill 1114 Board and Committees Current Members Normandy Shores Local Gov. Neighborhood Impv. 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/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: vacant Members: Name John Mark Ronald Applicants Last Name Bowes Wojak Loring Position/Title Position/Title ~------~----·····-------···· ... --- Andrew Fuller Marie Towers Tegan Eve Monday, August 26, 2013 Term Ends: Appointed by: Term Limit: 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission ---~ ~ ------- 12/31/18 12/31/18 12/31/14 Applicants Position/Title . ------~--· ------------·· -------- David Alschuler Monica Minagorri 1115 Board and Committees Current Members Parks and Recreational Facilities Board Composition: The board shall be comprised of ten (10) members. Seven (7) direct appointments made by the mayor and each commissioner. Sec. 2-171 The chairperson of the following boards/committees or their designees shall serve as nonvoting ex- officio members of the Parks and Recreational Facilities Board: 1) Beautification Committee, 2) Golf Advisory Committee, and 3) Youth Center Advisory Board (See Beach Preservation, ex-officio member.) Members of the board shall demonstrate interest in the City's Parks and Recreational Facilities and programs through their own participation or the participation of a member of their immediate family. City Liaison: Kevin Smith Vacancy: Members: To replace Uzette Lopez 12/31/2013 Commissioner Jerry Ubbin Name Last Name Position/Title (TL 12./31/13) Term Ends: Appointed by: Term Limit: --~---~------ 12/31/2014 Mayor Matti Herrera Bower 12/31/13 Amy Harriet Jonathan Kim Leslie Meryl Rabin Halpryn Groff Brown Eve Graff Wolfson 12/31/2014 Commissioner Jonah M. Wolfson 12/31/15 Daniel Nixon Stephanie Rosen vacant Applicants 12/31/2014 12/31/2013 12/31/2014 TL 12/31/13 12/31/2013 Ex-Officio member Beautification Committee Ex-Officio member of the Youth Center Adv. Board Ex-Officio member of Golf Advisory Commttee Position/Title Applicants Commissioner Deede Weithorn Commissioner Michael Gongora Commissioner Ed Tobin Commissioner Jorge Exposito Position/Title -----·-. ---~ --~ ~-- Annette Cannon Dolores Hirsh Jason Witrock Mojdeh Khaghan Paul Stein Stefan Zachar Jr. Christina Nicodemou Irina Pindelea Mark Balzli Moni Cohen Peter Vallis 1116 12/31/17 12/31/20 12/31/15 12/31/13 Board and Committees Current Members Personnel Board Sec. 2·190.66 Composition: Ten (10) members appointed by a 5/7 vote. Six (6) of which shall be citizens of Miami Beach not in the employment of the city, each having a different vocation; and three (3) regular employees of the City of Miami Beach, to be elected by the probationary and regular employees of the city and who shall be elected from the employees of regular status in the respective groups: Group I shall consist of the employees of the Police Department, Fire Department and Beach Patrol Department, Group II shall consist of employees who are in clerical and executive positions, Group III shall consist of all other employees, The Personnel Director is a non-voting member. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http:/ /miamibeachfl.gov/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 CTIY 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: Sylvia Crespo-Tabak Vacancy: Members: To replace David Richardson 12/31/2013 City Ccmmission Name Last Name Position/Title Term Ends: Appointed by: Gabriel Paez Laurie Kaye Davis · Lori Gold Moideh Khaghan Rosalie 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 07/01/2013 exp. 7/31/2016 Group II Human Resources Director 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2013 City Commission Term Limit: 12/31/15 12/31/18 12/31/18 12/31/16 12/31/15 Applicants Position/Title Applicants Position/Title Adam Kravitz Harold Foster Richard Preira ----~-· ...... ___________ ,~--- Elsa Orlandini Kristen Rosen Gonzalez 1117 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 S/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/cityclerkfscroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Katia Hirsh. Members: Name Last Name Charles Urstadt Frank Kruszewski Henry Stolar Jack Johnson Jean-Francais Lejeune Jonathan Beloff Robert Wolfarth Position/Title General Business General Business Gen. Bus. TL 12/31/13 Historic Preservation Architect Attorney Developer Term Ends: Appointed by: Term Limit: --- 12/31/2013 City Commission 12/31/17 12/31/2014 City Commission 12/31/18 12/31/2013 City Commission 12/31/13 12/31/2014 City Commission 12/31/18 12/31/2014 City Commission 12/31/17 12/31/2013 City Commission 12/31/15 12/31/2013 City Commission 12/31/17 Page 47 of60 (Continued. ... 1118 Board and Committees Current Members Applicants --- Aaron Davis Albert Mertz Alexander Annunziato Andrew Fischer Dominique Bailleul Francis Steffens Guy Simani Jessica Conn Joy Malakoff Muayad Abbas Robert Sena Sarah Johnston Position/Title ·-------------- Applicants Adam Kravitz Alex Espenkotter Andres Asion Brian Ehrlich Elizabeth Carmargo Gary Twist Jeffrey Cohen Joshua Wallack Madeleine Romanello Noah Fox Ryan Homan 1119 Position!fitle Board and Committees Current Members Police Citizens Relations Committee Composition: The committee shall consist of seventeen (17) members, fourteen (14) of whom shall be voting members. Sec. 2-190.36 The members shall be direct appointments with the Mayor and City Commissioners, each making two (2) individual appointments. One (1) non-voting ex-officio member shall be from the non-administrative personnel of the police department selected by a majority vote of the non administrative personnel. Two (2) additional non-voting ex-officio members shall be the police chief (or a designee) and the city attorney (or a designee). The chairperson of the committee or his/her designee shall serve as a non-voting ex-officio member of the Community Relations Board. The Police/Citizen Relations Committee shall be assigned to the Police Department. Recommendations for appointment to all voting and non-voting membership selected by the Mayor and Commission shall be obtained from; the Spanish American League Against Discrimination (S.A.L.A.D.); the League of United Latin American Citizens (L.U.L.A.,C.]; The Anti-Defamation League, (A.D.L.); The Dade Action Pac; the National Association for the Advancement of Colored People (NAACPA); the League of Women's Voters, and any other organizations deemed appropriate. The voting members of the committee shall have knowledge of and interest in Police Community Relations and their impact on the City of Miami Beach. City Liaison: Chief Raymond Martinez Vacancy: Members: Name To replace Michael Grieco Last Name Position/Title 12/31/2014 Commissioner Michael Gongora Term Ends: Appointed by: Term Limit: ------~---------------~---------- Beverly Aberbach (TL 12/31/13) 12/31/2014 Commissioner Jorge Exposito 12/31/13 Claire Warren 12/31/2013 Mayor Matti Herrera Bower 12/31/18 Dina Dissen 12/31/2014 Commissioner Jerry Libbin 12/31/14 Gianluca Fontani 12/31/2014 Commissioner Jorge Exposito 12/31/18 Glenda Krongold 12/31/2014 Commissioner Ed Tobin 12/31/15 Hope Fuller 12/31/2013 Commissioner Jerry Libbin 12/31/16 Jared Plitt 12/31/2013 Commissioner Deede Weithorn 12/31/15 Jonathan Parker 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 Michael Perlmutter 12/31/2014 Commissioner Michael G6ngora 12/31/20 Mitchell Korus 12/31/2013 Mayor Matti Herrera Bower 12/31/18 Nelson Gonzalez 12/31/2013 Commissioner Ed Tobin 12/31/15 Steven Oppenheimer 12/31/2014 Commissioner Jonah M. Wolfson 12/31/17 Alex Bello Non-adm. Personnel of the PD R. Martinez Police Chief Steve Rothstein City Attorney Designee Position/Title Applicants Position/Title --····-···----· Page 49 of 60 (Continued .... 1120 Board and Committees Current Members Alejandro Dominguez Alex Espenkotter Christina LaBuzetta David Crystal Eugenio Cabreja Irene Valines Irene Valines Irina Pindelea Kimberly Diehl Laura Cullen Lori Gold Marina Aviles Melissa Mokha Rachel Schuster Richard Preira Tegan Eve --~-. ·-----·"·------Monday, August 26, 2013 1121 Board and Committees Current Members Production Industry Council Sec. 2-71 Composition: The council shall consist of seven (7) voting members, the Mayor and each Commissioner shall make one direct appointment. All regular members shall have knowledge of the fashion, film, new media, production, television and or recording industries of the city. Each of the six (6) industries shall be represented by at least one member, but no more than three (3) members, who are directly involved with that industry. City Liaison: Graham Winick Vacancy: Members: Name Albert Allee Belkys Bruce Ivan Noreen Applicants To replace Joyce Gal but Production Last Name Position/Title Mertz Recording Industry Newlloff Fashion (TL 12/31/13) Nerey Production Orosz Fashion Parron News Media Legault-Mendoza TV/Film Position/Title 12/31/2014 Mayor Matti Herrera Bower Term Ends: Appointed by: Term Limit: 1213112013 Commissioner Jerry Libbin 12/31120 12/3112014 Commissioner Jorge Exposito 12/31/13 12/3112013 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 Applicants Position/Title --------------~------·-· -----·--·~----~- Christina Nicodemou Lisa Ware Irene Valines 1122 Page 51 of60 Board and Committees Current Members Safety Committee Sec. 2-176 Composition: Committee consists of fourteen (14) members who shall be direct appointments, two (2) appointments shall be made by the Mayor and each Commissioner. The members shall have knowledge of and interest in the safety of the citizens of the city. Ordinance 2010-3710 requires that one of the two direct appointments by the Mayor and each of the City Commissioners be Citizen Emergency Response Team (CERT) certified. City Liaison: Sonia Bridges Vacancy: To replace Joel Aberbach To replace Baruch Sandhaus Members: Name Last Name ···~-------- Alfredo Rey Barbara Gillman Calvin Kohli Irene Valines Jane Hayes Jason Witrock Jeannette Egozi Jeff Gordon Jerry Marsch Marcella Paz Cohen Michelle Green Oren Lieber Applicants Jonathan Parker Michael Perlmutter Silvia Rotbart Position/Title (TL 12/31/13) (TL 12/31/13) Position/Title 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Commissioner Jorge Exposito Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Deede Weithorn 12/31/17 12/31/2014 Commissioner Jonah M. Wolfson 12/31/13 12/31/2014 Commissioner Jerry Libbin 12/31/16 12/31/2014 Commissioner Ed Tobin 12/31/19 12/31/2013 Commissioner Jerry Libbin 12/31/17 12/31/2014 Commissioner Jorge Exposito 12/31/19 12/31/2013 Commissioner Michael Gongora 12/31/17 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Mayor Matti Herrera Bower 12/31/2013 Commissioner Deede Weithorn 12/31/2013 Commissioner Michael Gongora 12/31/2014 Commissioner Ed Tobin Applicants Leah Rey Michelle Green William Cahill Position/Title 1123 12/31/13 12/31/16 12/31/19 12/31/14 Board and Committees Current Members Single Family Residential Review Panel 2006-3529 Composition: The panel shall be composed of three (3) members, two of whom shall be architects an/or other registered design professionals, and one shall be a resident of the City, each to serve for a term of one (1) year. Panel members shall not deliberate in more than four (4) meetings per calendar year unless required due to inability to satisfy the quorum requirement. Panel members shall be chosen by the City Manager or designee on a rotating basis or as available from a list of not more than 20 architects and/or other registered design professionals, as well as a list of residents of the City. In developing the list of registered professionals, names should be submitted from the following associations: (1) American Institute of Architects, local chapter (2) American Society of Landscape Architects, local chapter (3) American Planning Association, local section (4) The Miami Design Preservation League (5) Dade Heritage Trust - Liaison: Thomas Mooney Vacancy: To replace Daniel Registered Design Prof. 12/31/2013 Vietia Jorge Gutierrez Registered Design Prof. 12/31/2013 (TL 12/31/14) Rafael Sixto Registered Design Prof. 12/31/2013 (TL 12/31/14) Members: 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 1124 Board and Committees Current Members Sustainability Committee 2008-3618 Composition: The Committee shall consist of seven (7) voting members, one each to be directly appointed by the Mayor and each City Commissioner. A Commissioner, appointed by the Mayor, shall serve as a non- voting member and shall serve as the chairperson of the Committee. The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to provide and promote general environmental improvement trends/ or "Green Initiatives," and "Sustainable Development", which is herein defined as a pattern of resource use that aims to meet community needs while preserving the environment so that these needs can be met, not only in the present1 but in the indefinite future. The Committee shall make advisory recommedations to the City Commission and the City Manager to promote Citywide Green Initiatives and to promote and provide plans for Sustainable Development in the City of Miami Beach. City Liaison: Elizabeth Wheaton Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ---~-·--··-· Commissioner Gongora 12/31/2013 Mayor Matti Herrera Bower David Doebler 12/31/2013 Commissioner Jerry Libbin Debra Leibowitz 12/31/2013 Commissioner Deede Weithorn Gabriele Van Bryce 12/31/2014 Commissioner Michael Gongora Lanette Sobel 12/31/2014 Commissioner Jorge Exposito Luiz Rodrigues 12/31/2014 Commissioner Ed Tobin Mitch Novick 12/31/2013 Mayor Matti Herrera Bower Applicants Position/Title Applicants Position/Title ~------~~------.... ~----~ -------· ·······--·-··-~- Amy Rabin Daniel Manichello Gisele Colbert Marivi Iglesias Walker Surttschell Monday, August 26, Andrea Lisa Travaglia Elizabeth Pines Kimberly Eve Russell Hartstein 1125 Page 54 12/31/20 12/31/15 12/31/17 12/31/17 12/31/15 12/31/16 Board and Committees Current Members Tennis Advisory Committee 2012-3773 Composition: The Committee shall be composed of severn (7) members, each of whom shall be a voting member who has demonstrated a high degree of interest, participation, and/or expertise in the sport of tennis. The Mayor and City Commissioners shall each make one direct appointment to the committee. The Mission of the Tennis Committee is to improve the lives of residents by promoting the development and sound management of public facilities dedicated to the sport of tennis in the City of Miami Beach and to make recommendations, as appropriate, to the City Commission and the City Administration. The powers and duties of the Committee shall be to provide advisory recommendations regarding the use, operation, management, and development of public tennis facilities to the City Commission and the City Administration for such action as the City Commission and the City Administration may deem appropriate. Two years after the September 12, 2012 effective date of this Ordinance, the City Manager shall bring the provisions of this section before the City Commission for its review and consideration. City Liaison: Julio Magrisso Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ---------······--·-·-·· --- Carrie Johnson 12/31/2014 Commissioner Deede Weithorn 12/31/20 David Berger 12/31/2013 Commissioner Jorge Exposito 12/31/19 Dolores Hirsh 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 Gayle Durham 12/31/2014 Commissioner Ed Tobin 12/31/20 Jeffrey Forster 12131/2013 Commissioner Jerry Libbin 12/31/19 Stefan Zachar Jr. 12/31/2013 Mayor Matti Herrera Bower 12/31/20 Tegan Eve 12/31/2014 Commissioner Michael Gongora 12/31/20 Applicants Position/Title Applicants Position/Title ------------···-----------------·--·------- Kimberly Diehl Marlene Pross Ronald Starkman Steve Berke --=--:"'1' .. ~~---~--Monday, August 26, 2013 Laure Mckay Melissa Moklla Stephen Donnelly Vicki Petruzzelli 1126 Page 55 of60 Board and Committees Current Members Transportation and Parking Committee Composition: Committee shall consist of fourteen (14) members. Sec. 2-190.91 The Mayor and City Commissioners shall each make one (1) appointment, with the other members of the committee to be composed of members from the following community organizations, each of which must designate a permanent coordinating representative: 1) Miami Beach Chamber of Commerce's Transportation and Parking Committee, 2) Miami Beach Community Development Corporation, 3) Ocean Dr. Association, 4) Miami Design Preservation League, 5) North Beach Development Corporation, 6) Mid-Beach Community Association, 7) Lincoln Rd Marketing, Inc., On an annual basis, the members of the committee shall elect a chairman and such other officers as may be deemed necessary or desirable, who shall serve at the will of the committee. Seven members of the committee shall consist of a quorum of the committee and shall be necessary in order to take any action. The members of the voting committee shall have knowledge of and interest in Transportation and Parking and their impact on the City of Miami Beach. The members of the board shall be officially designated by their respective organization( and letters certifying that designation shall be forwarded to the Miami Beach City Clerk. City Liaison: Saul Frances Members: Name Dr. Corey Eric J.P. Josephine Maria Scott Seth Last Name Narson Ostroff Morgan Pampanas Mayer Diffenderfer Wasserman Position/Title Term Ends: Appointed by: Term Limit: ------------ 12/31/2014 Commissioner Jerry Libbin 12/31/18 12/31/2014 Commissioner Deede Weithorn 12/31/18 12/31/2013 Commissioner Michael GOngora 12/31/14 12/31/2014 Mayor Matti Herrera Bower 12/31/14 12/31/2013 Commissioner Ed Tobin 12/31/16 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 12/31/2013 Commissioner Jorge Exposito 12/31/16 AI Feola Rep. for the Ocean Dr. Imp. Assoc. 12/31/14 Delvin Fruit Rep. for Mid-Beach Community Assoc. -12/31/13 Jo Asmundsson Rep. for MBCDC 12/31/14 Madeleine Romanello Rep. for MBCC 12/31/13 Mark Weithorn vacant William "Bill" Hahne Applicants Amy Rabin Daniel Manichello David McCauley Gianluca Fontani ='~~,-·-=-- Rep. for NBDC 12/31/13 Rep. for Lincoln Road Marketing Rep. for MDPL 12/31/13 Position/Title Monday, August 26,2013 Applicants Cheryl Jacobs David Alschuler Dorian Nicholson Jeffrey Feldman 1127 Position/Title -·,"~' --=:--~~~,u·~~ Page 56 of 60 (Continued .... Board and Committees Current Members Laure Mckay Sasha Boulanger _,,,,,,=·~~>;.~/.'.'"'!W!XW, __ _ Monday, August 26, 2013 Mance Buttram Steven Oppenheimer 1128 Board and Committees Current Members Visitor and Convention Authority Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) member who shall be permanent residents of Miami-Dade County. Sec. 1 02-246 The seven (7) members of the authority shall be representative of the community as follows: 1) Not less than two (2) nor more than three (3) members shall be representative of the hotel industry; 2) and the remaining members none of whom shall be representative of the hotel industry, shall represent the community at-large. Any member of the authority or employee therefore violating or failing to comply with provisions of this article shall be deem to have vacated his office or position. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http:/ /miamibeachfl.gov/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 MEEITNGS section, located on the right hand side of the webpage, click on the "Agenda-Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-large Nominations. City Liaison; Grisette Roque. Members: Name Last Name Position/Title ··--~-·---~ Aaron Perry At-Large Jaqueline Hertz At-large TL 12/31/13 Jeff Lehman Hotel Industry TL 12/31113 Keith Men in Hotel Industry Margaret Benua At-Large (Peggy) Micky Ross Steinberg At-large Steven Adkins At-large Applicants Position/Title Albert Mertz Charles Million Dona Zemo Harold Foster Jeffrey Graff Joshua Wallack Laure Mckay Seth Feuer --------··-- Term Ends: 12/31/2014 12/31/2013 12/31/2013 12131/2013 12131/2014 12/31/2013 12/31/2014 Applicants Calvin Kohli Christy Farhat Eric Lawrence James Lloyd Jennifer Diaz Karen Brown Natalie Koller 1129 Appointed by: Term Limit: City Commission City Commission City Commission City Commission City Commission City Commission City Commission Position/Title 12/31/16 12/31113 12/31/13 12/31/15 12/31/17 12/31/15 12/31/14 ------------------ Page 58 of60 Board and Committees Current Members Waterfront Protection Committee Sec. 2-190.122 Composition: The committee shall consist of: seven (7) voting members, one appointed by the Mayor and each Commissioner, and three (3) non- voting ex-officio members to be comprised as follows: 1) Seven (7) citizens having an interest in the preservation of the city's beaches and the purposes of the committee, 2) The city's environmental specialist as an ex-officio member, 3) An individual appointed by the Miami Dade County Department of Environmental Resources Management (DERM), Natural Resources Division who holds the position of Special Projects Administrator II as an ex-officio member and, 4) A member of the city's Beach Patrol. City Liaison: Elizabeth Wheaton Vacancy: Members: To replace Charles Fisher 12/31/2014 Commissioner Deede Weithom Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Barbara Jeffrey Matthew Robert William Brian Flynn Joe Fisher Margarita Wells Applicants Alan Fishman Gisele Colbert Kimberly Eve Silvia Rotbart -----···· ----"·-~--- Hershkowitz Feldman Krieger Kraft Cahill (TL 12/31/13) 12/31/2014 Commissioner Jerry Libbin 12/31/14 12/31/19 12/31/2013 Mayor Matti Herrera Bower 12/31/2014 12/31/2013 12/31/2013 Commissioner Michael G6ngora 12/31/13 Commissioner Jonah M. Wolfson 12/31/16 Commissioner Ed Tobin 12/31/20 ex-offido, 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 ~~-,~~-~---~~·"·~·-~---~-Monday, August 26, 2013 1130 Board and Committees Current Members Youth Center Advisory Board Composition: The board shall consist of ten (10) members, Sec. 2-186 seven (7) of whom shall be voting members affiliated with the Scott Rakow Youth Center. Two (2) student resident users of the facility shall serve as non-voting ex-officio members; one (1) of these student users must attend a middle school, and the other must attend a high school. The director of the office of children's affairs shall serve as a non-voting ex-officio member. The chairperson of the Youth Center Advisory Board or his designee shall serve as a non-voting, ex-officio member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and Recreational Facilities Board. City Liaison: Ellen Vargas Vacancy: Members: Name Annette Dana Esther Jeffrey Michael Paul Stepl"lanie Maria Ruiz Applicants Last Name Cannon Turken Egozi Choukroun Graff Bumstine Stein Rosen Position/Title ex-officio student rep. of a Middle School ex-officio student rep. of a High School ex-officio Dir. of Children's Affairs Position/Title Andrea Lisa Travaglia Monda}'• August 26, 2013 Term Ends: Appointed by: Term Limit: 12/31/18 12/31/2014 Commissioner Ed Tobin 12/31/2013 12/31/2014 12/31/2014 12/31/2013 12/31/2014 12/31/2013 Applicants Commissioner Jorge Exposito 12/31/15 Commissioner Micl"lael Gongora 12/31/17 Commissioner Jerry Libbin 12/31/16 Commissioner Jonal"l M. Wolfson 12/31/19 Mayor Matti Herrera Bower 12/31/16 Commissioner Deede Weitl"lorn 12/31/15 Position/Title --~· Cl"lristy Farhat 1131 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 Merubers of ~mission Jimmy L. Morales, City Manager FROM: DATE: September 11, 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 vacancy) 5. Miami Beach Cultural Arts Council (1 vacancy) 6. Miami Beach Human Rights Committee (1 vacancy) 7. Personnel Board (1 vacancy) 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:/lmiamibeachfl.gov/cityclerk/scroll. as.px?id=72497 Alternatively, the Releases can be found by going to the City's main portal located at http:/lmiamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting and click on City Commission At-Large Nominations. JM/REG ~ F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR 0911-2013.doc 1132 Agenda Item Rq A l Date 941-13 THIS PAGE INTENTIONALLY LEFT BLANK 1133 R9 -New Business and Commission Requests R981 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R982 Dr. Stanley Sutnick Citizen's Forum. (5:30p.m.} AGENDA ITEM: R9B1-2 DATE: 9--(1-1~ 1134 THIS PAGE INTENTIONALLY LEFT BLANK 1135 R9-New Business and Commission Requests R9C Update On The Miami Beach Convention Center Project. (City Manager's Office) 1136 Agenda Item 8 q C. Date ?-tl-13 THIS PAGE INTENTIONALLY LEFT BLANK 1137 (9 MIAMI BEACH City af Miami ~h, 1700 Convenlion Cooi~H Drive, Miumi Be<J~:h, Florida 33139, www.miomibea<.:nH.!JO'I Jimmy L. Morales, City Manager Tel 305-673-7010, Fox: 305-673-7782 TO: FROM: DATE: SUBJECT: Jimmy Morales, City Manager ~· . Marcia Monserrat, Special Project Admil'listr.a .·. ·. . · · ~-. July 15, 2013 Agenda Item On behalf of Commissioner Libbln, please place on the July 17th, 2013, Commission Meeting Agenda an item to discuss policy Issues that are being determined by staff members. Please provide the attached email correspondence as additional material for the discussion. Thank you. Agenda Item R q D Date 9-11-1 ~ - 1138 Monser~ Marcia From: Otero, Javier Sent: To: Monday, July 15, 2013 4:05 PM Monserrat, Marcia Sqbje<t: FW: Fire Reviews \iHA~HBEACH J:avler H. OtiiRI Fire Chief 2300 Pinetree Drive, Miami Beacfi, F-:.13140 Tet 305-e73-7120 I Fax: 305-673-78811 VMW.mlamlbeachf! QQY W$ aro commifffldlt> providln9 BXceUant pvbllc .~~tntlr.a and saf91y to ail wM liVe. \Krk ami p;ay in IJUf vibrant. tropioBI, 11/s/orif: camm~~nlly. From: Machen, SonJa Sent: Tuesday, July 02, 2013 9:58 AM To: otero, JaVIer Subject: FW: Flre Reviews MIAMIBEACH Sonta Flare• Machen., P.E., Fire Marshal FIRE DEPARTMENT Fire Preven1jon Di¥ision 1701 Meridian l'.vanue, Sllite 200, M~ml6each, FL 33139 Tel: 305-673--7123 I Fax: 305-673-1085 1 \W!'W,miamlbeac:h!l.gov We a/9 oommilted to providing !JXceHent p~Mc S&Nice a lid sarety to fill whc. tiv!J, ltiMr ana play in our ~<lbnlri!, troplolll, hlstotir: commtmily. From: prontopermlts@ao!.com [mailto:prontopermits@aol.com] Sent: Monday, July 01, 2013 5:19 PM To: Machen, SOnia; Clavljo, Jorge Cc: sscher@clarocorp.com; msheehan@slsfire.com; manny@clarocorp.com; jllop-noy@addinc.com~ bsaenz@addinc.com; rgalbut@crescentheights.com Subject: Re: Fire Revrews Sonia-then I am free and cleat-thank you -as I only make appointments and discuss process as it applies to pennitting. I do not contribute to code or technical issues. Mahli Sent on the Now Network• from my Sprint® BlackBerry From: 11Machen, Sonia" <Sm1iaMachen@,mi;.yniQ~;~t0hfl.goy_> Date: Mon, 1 Jul2013 21:15:04 +0000 To: 'Prontopermits@aol.com'<Promopennits@.aol.c:om>; Clavijo, Jorge<Jorg,eC1nviio(4!miamibeacllfl.oov> Ce: sschs:@clarooorp.cQlll:Ssoobaf@;clarocml.coll.l.>; mljhedum@.•dsfue.C!,it1t<msheehm@sls:fire.com>; manny@clarocorn.oom<malllly@clarocorn.com>; J.llog-ooy@.addirtc;com<'jllop-noy@addinc.eom>; !}saeru;@addinc.eom<bsamz@adding.conl.>; rgalbrlt@g:<.'Secnthci@ts.com<rgalbyt@yreS<:entlwights;com> Subject: RE: Fire Reviews 1 1139 Mlami Beach Code Section 2-481 to 2-485. If you just drop off plans and make appts and fill out forms, then you don't have to register. If you start discussing code is~ues and process changes, then you have to register. When it comes to fire plan review and discussion, I had given direction to ;.taff a long time ago to discuss only with AOR or EOR anyway. MIAMJBEACH Sonl• f'lo,.• Mllchen, P.E., Fire Marshal FIRE DEPARTMENT Fire Prevention Division 1701 Meridian Avenue. StJite 200. Miami Beach. FL 33139 T&l: 305-673-7123 1 Fax: 305-673·10B5 I WM'/.miam!!Jeachtl.goy WfJ 11111 COOlmllted lo providing tm.:elienl public servkle end sef91y ro all Wflrl trva, wm ana play In our viiJIBIJt, lrop/cal, historic oommunhy. From: Prontopermjts@aol, com [roatlto:Prontopgrm!t!@<lQ!&Qm] Sent: Mond~:~y, July 01, 2013 1:48 PM · To: Machen, Sonia; Oavljo, Jorge . cc: sscher@clarocoro.com; msheehan@slsfire.com: mano~ocorp.com; jl!oo-n~@addinc.com; bsaenz@addinc.com; rga lbut@crescenthelghts. com Subject: Re: Are Reviews Sonia: Kindly provide the documentation, the ordinance, or Jaw passage that etlpulates this Issue as described In your last paragraph. This was an Issue that waa visited by Miami Dade County several years ago, and went to the Board of Rules and Appeals and overturned. Expedite!'$ throughout the county have bHn employed freely by developers, architects, engineers since then ae representing the client and or design professional without Interference as a right to work State. Kindly again provide documentat1on Best regards Mahlllee In a message dated 7/1/201312:49:04 P.M. Eastern Daylight Tlme, SoniaMachen@miamlbeacnn.gov writes: Mahli and Sandor Apparently, the plans have a glitch on the scope of work so the architect needs to describe cle<~rly the scope of work for a proper review. Let me take this opportunity to let you know that we ar ~ starting to enforce the lobbyist law and regulations that we were not aware of in the past Therefore, eve;vone, e)(cept the architect and engineer, needs to register as a lobbyist specifically for this project in orde·· to discuss this project with me, Jorge, or any plans ro:aminer. Please bring a copy of your registration form to future meetings. Th<~nks 1140 MIAMIBEACH FIRE DEPARTMENT Fire Prevootlon Division 1701 Meridian Avenue, Suite 200, Miami Beach, FL 33139 Tal; 305-.673-7123 I FaJ<: 305-673-1065 I Vf>Wf.miamibeachfl.goy We at<> cammitled lo providir1g <;~C!illerrl public s!IIVica and ~aMy lo all wi•c· IMt. w01k and play In our vil)mnt tropical, lllsi<XiG oommunlty. From; Prontcmermits@aol.com [ma!Jto:Prontopetmltsffi:~t~ Sent: Monday, July Ol, 2013 9:27 AM . To~ aavijo, Jorge Cc: Machen, Sonia; sscher@darocorp.com; msheehan<u:slsfire.com; manny@darocom.com; ilJm!: noy@add!nc.com; bsaenz@acldlnc.com Subject: Fire Reviews Jorge On behalf of the Shelbome, I want to thank you for your continued reviews of tl'le submitted plans. As such, when can we have our next review for the Lobby/Mezzanine Interior build out, Morlmoto,Spa etc? Just as information. wa want to let you know that we have taken all measures to keep Mariano Fernandez lnfonned with the direction of the permitting and requlf'et1Mnts established by all dfsclpUnes. Sandor and I have met several times with Mariano specifical1y on this. We will continue to do so with all the dhJGlpllnes as coordlnatl~;m and Gommunlcatlon Is of importance with thie project And we have made sure th.al you are Involved In many of the meetings with the building department so that all $Ides are aware of where we are. I hope thaC you will continue to favor coming to these meetlngt as they occur, and as we schedule them. Please let me know your next availability With kind regards 3 1141 Mahll Lee Pronto Permits, Inc. oen:305-72~o225 offica: 305-66~6155 ·fax: 305-667-8928 "Ten mmutu of dlllfdnt with ,V(JNl' child will lfmiiJIOU two lwun ofdi#iplllse. A child who'S illf1VW of/U.s grwlltN8 is a child who wllluek to fltt 14 1fre"l w.yr" 1142 THIS PAGE INTENTIONALLY LEFT BLANK 1143 R9 -New Business and Commission Requests R9E Discussion Regarding The City's Selection As A Finalist To Participate In The 2013 International Awards For Liveable Communities Competition To Be Held In Xiamen, P.R. China From November 28-December 3, 2013. (City Manager's Office) 1144 Agenda Item RCjE Date 9-7'/-13 THIS PAGE INTENTIONALLY LEFT BLANK 1145 -MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jimmy L. Morales, City Manager ~: DATE: September 11, 2013 SUBJECT: DISCUSSION REGARDING A REQUEST FOR DEBARMENT OF UIA MANAGEMENT, LLC AND ITS AFFILIATES BACKGROUND/ANALYSIS On July 12, 2013, the City Manager's Office received the attached request for debarment of UIA Management, LLC, and its Affiliates, alleging improper action by, among others, Robert S. Wennett. Thereafter, on July 22, 2013 the City Attorney's Office received a response to the request for debarment from the law firm of Bilzin Sum berg, defending the actions of Mr. Wennett. A hard copy of each is being provided to you via hand out. Section 2-405 of the City Code, which sets forth debarment and suspension procedures, has been amended since the time of these allegations. The City Attorney has opined that the Code sections in place at the time of the alleged actions should govern this debarment request. Consequently, that Code requires the City Manager to "transmit the request to the Mayor and City Commission at a regularly scheduled meeting." Accordingly, this memorandum, and its attachments, shall serve as the transmittal required by the Code. Attachments JLM/JMJ T:\AGENDA\2013\September 11 \Request for Debarment of UIA Management.docx 1146 Agenda Item R 9 F Date 9--/1-13 ATTACHMENTS TO BE DISTRIBUTED UNDER SEPARATE COVER 1147 (9 MIAMI BEACH ()f:FIO m f'HE: MAYOR. AND COMMISSION MEMORANDUM FROM: Jimmy Morales, City Manager a~de Welthorn, Finance Chair Michael GOngora, Commissioner~ DATE: August 21, 2013 SUBJECT: Noiae Working Group Addition I would like to recommend Henry Stolar for the Noise Working Group as I believe he would be a wonderful asset to the group. If you have any questions please feel free to contact my aide Diana Fontanl at ext 6087. MG/df 1148 Agenda Item f? 9 fr Date f-11-13 G tv\1/lMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMOI'lANDUM TO: Jimmy MoralesJ City Manaaer Commissioner Oaeda Welthorn, Flnanc;e Chair FROM: Jorge R. Exposito~ Comml!isloner DATE: August 26t 2013 SUBJECf: Noise Working Group I would like to nominate Henry Stolar forth@ Nols:C! Working Group. I tru!iit he would bt! s great member for this s:roup. If you have any additional questions please feel free to contact my ;lldlt Nattaly Cuervo at ext. 645 7. Thank you, JRE/ne ec: Robert Parcher, CHy CIE!rk 1149 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Michael Gongora, Commissioner DATE: August 30, 2013 SUBJECT: Discussion Item for Sept 11 Commission Meeting Please place on the September 11, 2013 Commission meeting a discussion item to create a residential parking sticker for North Beach. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 1150 Agenda Item R9 f/ Date 1---11-13 THIS PAGE INTENTIONALLY LEFT BLANK 1151 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Jimmy Morales, City Manager ~ ~ / Michael Gongora, Commissio~ August 26, 2013 SUBJECT: Discussion Item for Sept 11 Commission Meeting MEMORANDUM Please place on the September 11, 2013 Commission meeting a discussion item to direct City Administration to look into creating a mural wall area in North Beach similar to the Wynwood Walls in the City of Miami where artists would be able to express themselves. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 1152 Agenda Item R9 I Date 9'--tf.-/3 THIS PAGE INTENTIONALLY LEFT BLANK 1153 & MIAMI BEACH OFFICE OF THE MAYOR AND COtvl.lv\ISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Jerry Libbin, Commissioner ~ J ~ DATE: September 4, 2013 (2 SUBJECT: Agenda item for the September 11, 2013 Commission meeting Please place on the September 11th Commission agenda, an item regarding the Parking Overlay District to discuss my recommendation to dispense with the Overlay Study and move forward to approve the project. I believe that a study is not needed to determine the Overlals value. Please contact my office at ext. 7106 if you have any questions. JL/er w~ om commilled lo providing excellent public service ond soll>;y fo ali wl1o liw=, work, und pk1y In our vibrcrnf, Jropicol, hi:;!oric comrnunily. 1154 Agenda Item Date B9T '?II-(~ THIS PAGE INTENTIONALLY LEFT BLANK 1155 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: September 4, 2013 Re: Discussion Item Please place on the September 11, 2013 City Commission Agenda a discussion item regarding the media coverage of the Miami Beach Police Department. Should you have any questions, please contact Gabrielle Redfern at extension 6157. Thank you. MHB/ fgr 1156 Agenda Item Date THIS PAGE INTENTIONALLY LEFT BLANK 1157 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Mr. Jimmy Morales, City Manager Mr. Ralf Granado, City Clerk Commissioner Deede Weithorn September 5, 2013 Discussion Item: Art Basel Economic Benefit & Report MEMORANDUM Commissioner Weithorn would like to place a discussion item on the September 11 City Commission meeting agenda to review Art Basel and discuss its economic benefit to the City. Please contact Commissioner Weithorn's office with any questions and/or concerns. Thank you. We are commiffed to providing excellent public service and safety to all who live, work, and ploy in our vi~ Agenda ltem_____.R~q-=L=--­ Date_1~-lu....l-_,_l?,;L.__ 1158 THIS PAGE INTENTIONALLY LEFT BLANK 1159 MIAMI BEACH City of Miami Beach, 1700 Corwention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission / FROM: Jose Smith, City Attorne / DATE: September 11, 2013 SUBJECT: City Attorney's Status Report LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT 1. Francisco DaSilva v. City of Miami Beach, Case No. 13-021557 CA 01(Circuit Court-11th Judicial Circuit in and for Miami-Dade County). The City was served with this complaint on July 28, 2013 alleging that on November 26, 2006, the plaintiff, Francisco Da Silva, was riding his scooter near the portion of roadway located at or near Alton Road and 2nd Street in Miami Beach when allegedly his scooter lost traction with the roadway due to loose gravel and rutted surface on the roadway allegedly causing him injuries. He is alleging that the City was negligent in its maintenance of the location. We shall file our answer and propound discovery to the plaintiff. 2. Bayview Loan Servicing, LLC vs. Line Martin, et al., Case No. 13-22070 CA 22 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida). This is an action to foreclose a mortgage on real property located 800 84th Street, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on July 3, 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 July 10, 2013. 3. JPMorgan Chase Bank, National Association vs. Eduardo L. Gonzalez, et al., Case No. 13-20646 CA 13 (Circuit Court-11th Judicial Circuit in and for Miami- Dade County, Florida). This is an action to foreclose a mortgage on real property located 1530 Cleveland Road, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on July 3, 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 July 10, 2013. 1161 Agenda Item R.l 0 A Date '&!t-1a City Attorney's Report September 11, 2013 Page2 4. Elizabeth Bernal and Alberto Bernal V. City of Miami Beach and FOOT, Case No. 13-10656 CA 10 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County). The City was served with this complaint on July 8, 2013 alleging that on March 27, 2009, the plaintiff, Elizabeth Bernal, was walking on the asphalt roadway located at or near James Avenue between 16th and 17'h Street in Miami Beach when she tripped and fell due to the unreasonable dangerous condition of the area and sustained injuries. The plaintiff is suing the City and two other co- defendants, Miami Dade County and FOOT. We shall file our answer to the complaint and propound discovery to the plaintiff. 5. JPMorgan Chase Bank. National Association vs. Jorge L. Rodriguez, et al.. Case No. 13-21814 CA 02 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida). This is an action to foreclose a mortgage on real property located 5007 SW 129 Court, Miami, Florida. The Summons and Verified Complaint were served on the City on July 9, 2013. The City's Motion for More Definite Statement was filed on July 10, 2013. 6. Rachel Vancelette v. Pare Place Development. LLC. Boulan South Beach Condominium Association. Inc .. Soares DaCosta Cs. LLC. City of Miami Beach. And FOOT Case# 13-019700 CA 01(Circuit Court-11th Judicial Circuit in and for Miami-Dade County). The City was served with this complaint on July 10, 2013 alleging that on December 2, 2012, the plaintiff, Rachel Vancelette, was walking along the crosswalk across Collins Avenue and 20th Street in Miami Beach, FL and upon reaching the west side of the street across the sidewalk and pedestrian ramp access and tripped and fell over an unmarked, improperly designed, improperly constructed and unpainted curb which was directly in the path of ingress and egress for pedestrians, resulting in serious permanent injury to the Plaintiff, Rachel Vancelette. We shall file our response to the complaint, propound discovery and determine who owns and maintains the location of plaintiff's fall and then file any relevant motions if necessary. 7. U.S. Bank National Association vs. Daniel O'Connor. et al.. Case No. 13-20509 CA 24 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida). This is an action to foreclose a mortgage on real property located 1331 Bay Drive, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on July 15, 2013. 1162 City Attorney's Report September 11, 2013 Page3 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 July 22, 2013. 8. Wells Fargo Bank. N.A. vs. 401 Blu of North Beach Condominium. et al., Case No. 13-21211 CA 42 (Circuit Court-11 1h Judicial Circuit in and for Miami-Dade County, Florida). This is an action to foreclose a mortgage on real property located 401 691h Street, Unit 801, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on July 16, 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 July 22, 2013. 9. Green Tree Servicing LLC vs. Ana Correa. et al.. Case No. 13-23243 CA 30 (Circuit Court-11 1h Judicial Circuit in and for Miami-Dade County, Florida). This is an action to foreclose a mortgage on real property located 2690 W 76 Street, Unit 212, Hialeah, Florida. The Summons and Complaint were served on the City on July 16,2013. 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 July 22, 2013. 10.JPMorgan Chase Bank. National Association vs. Frank Cousins, et al.. Case No. 13-23279 CA 08 (Circuit Court -11 1h Judicial Circuit in and for Miami-Dade County, Florida). This is an action to foreclose a mortgage on real property located 2551 SE 16 Terrace, Homestead, Florida. The Summons and Complaint were served on the City on July 17, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on July 23, 2013. 11.Bayview Loan Servicing, LLC vs. Carlos A. Garcia, et al., Case No. 13-23666 CA 13 (Circuit Court-11 1h Judicial Circuit in and for Miami-Dade County, Florida). This is an action to foreclose a mortgage on real property located 10850 NW 21 Street, No. 190, Miami, Florida. The Summons and Verified Commercial Complaint were served on the City on July 18, 2013. 1163 City Attorney's Report September 11, 2013 Page4 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 July 23, 2013. 12.JPMorgan Chase Bank, National Association vs. Lisa Gaylord, et al.. Case No. 13-23280 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 1732 Meridian Avenue, Unit 503, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on July 18, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on July 23, 2013. 13.2Charms 63 NOSE LLC v. City of Miami Beach, Kobi Karp Architecture & Interior Design, Inc. Case No. 13-024231 CA 01 (Circuit Court --11th Judicial Circuit of Florida in and for Miami-Dade County) This is a declaratory judgment action recently filed against the City and Kobi Karp Architecture for failure to issue a final certificate of occupancy where there is also a dispute as to the status of the architect of record and modifications to the project that may have been made without proper designs and approvals by the architect of record. The City has been given a lengthy extension to file its response, as the gravamen of the complaint is really a civil issue between the current owner of the property and the architect. 14. Nationstar Mortga~e LLC vs. Shaun Pereira, et al., Case No. 13-23085 CA 05 (Circuit Court-11t Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 900 6th Street, Unit 16, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on July 23, 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 August 1, 2013. 15. Nationstar Mortgage LLC vs. Oscar De La Rosa, et al.. Case No. 13-20285 CA 25 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 825 Fairway Drive, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on July 29, 2013. 1164 City Attorney's Report September 11, 2013 Page 5 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 August 5, 2013. 16. Deutsch Bank National Trust Company vs. Laura M. Duque Lemos. et al.. Case No. 13-20260 CA 40 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 2899 Collins Avenue, PH-L, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on July 29, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on August 5, 2013. 17. Luis A. Nazario. As Personal Representative Of The Estate Of Miriam Cabrera. Deceased. V. M. Vila & Associates Inc .. Metro Express, Inc .. and City of Miami Beach, Case No. 13-025280 CA 01 (Circuit Court-11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on July 31, 2013 alleging that on June 11, 2012, the decedent, Miriam Cabrera, was the back seat passenger in a 1999 Harley Davidson Motorcycle being driven by Valentino Castro. The aforesaid motorcycle was proceeding eastbound on 19tli Street at or near James Avenue in Miami Beach, Miami Dade County, Florida. Then and there, aforesaid motorcycle came in contact with an exposed and raised manhole cover, causing the operator to lose control and decedent, Miriam Cabrera, to be ejected and crash onto the pavement resulting in her death. The Plaintiff is suing the City and the other co- defendants, who were contractors working at the location, for wrongful death. We shall file our answer and propound discovery to the Plaintiff. We shall also investigate and review the co-defendant's contractual and insurance obligations to the City and forward letters to the insurance carriers and the companies themselves requesting indemnification and representation. 18.Argelis Cordova v. FOOT. Miami Dade County and City of Miami Beach, Case No. 13-14611 CA 32 (Circuit Court-11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on August 1, 2013 alleging that on October 27, 2009, the plaintiff, Argelis Cordova, tripped and fell while walking on the sidewalk at or near 3800 Collins Avenue in Miami Beach allegedly causing her to suffer severe injuries. The location of plaintiff's fall is owned and maintained by co-defendant, FOOT. We shall file our answer to the complaint and propound discovery to the plaintiff and eventually file a Motion for Summary Judgment on the basis that the location of the plaintiff's fall is owned and maintained by FOOT and not the City of Miami Beach. 1165 City Attorney's Report September 11, 2013 Page 6 19.Lewis J. Levey vs. City of Miami Beach. Case No. 13-20949 CA 11 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida). This is an action to quiet title on real property owned by Lewis J. Levey and Laura R. Levey. The Summons and Complaint were served on the City on July 29, 2013. The City's Motion for More Definite Statement was filed on August 3, 2013. 20. JPMorgan Chase Bank. National Association vs. Terrence E. Rosenberg, et al., Case No. 13-23305 CA 23 (Circuit Court-11th Judicial Circuit in and for Miami- Dade County, Florida) This is an action to foreclose a mortgage on real property located 79 N. Hibiscus Drive, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on August 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 August 13, 2013. 21.Jean Cothel Pognon. as Co Personal Representative of the Estate of Marvin Pognon, deceased. v. The City of Miami Beach. A Florida Municipal Corporation, Case No. 13-025296 CA 01 (Circuit Court-11th Judicial Circuit in and for Miami Dade County, Florida). This is a public records lawsuit initiated by the Estate of Marvin Pognon pursuant to Chapter 119 and Section 406.136 of the Florida statutes. The lawsuit seeks those public records surrounding a police involved shooting of Marvin Pognon, which took place on New Year's Eve of 2011. The Plaintiff has alleged that the Miami Beach Police Department has failed to disclose public records pursuant to the Florida Public Records Act. Plaintiff's Complaint seeks the issuance of a judgment against the City of Miami Beach for the production of those documents that have been classified as active criminal investigative records pursuant to Section 119.071 (2) of the Florida Statutes. The City of Miami Beach shall be filing a Declaratory Judgment counterclaim against the Estate of Marvin Pognon, and will seek an Order of the Circuit Court interpreting the statutory provisions set forth in Section 406.136, which permit a specific class of person to view certain public records, despite the active criminal investigation exemption that is applicable for this lawsuit. The City Attorney's Office shall articulate the legal justification for prohibiting the release of those active criminal investigation documents. 1166 City Attorney's Report September 11, 2013 Page 7 22. Federal National Mortgage Association vs. Guillermo Aguilar. et al.. Case No. 13- 24999 CA 05 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida). This is an action to foreclose a mortgage on real property located 3710 Collins Avenue, Unit N1 01, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on August 19, 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 August 26, 2013. 23. John L. Thompson. Ill v. City of Miami Beach Florida, in the United States District Court of Southern Florida This is an action by a Parks Department employee who alleges he was subjected to racial harassment and racial discrimination by his supervisors. The City Attorney's Office will continue to vigorously defend the City until final resolution of the case. 24.Sandra Barkan and Jerry Barkan. her husband v. City of Miami Beach. Case No. 13-026948 CA 30, (Circuit Court --11th Judicial Circuit in and for Miami-Dade County, Florida). The City was served with this complaint on August 23, 2013 alleging that on February 3, 2013, the plaintiff, Sandra Borken, tripped and fell while walking on the sidewalk located adjacent to 225 Washington Avenue in Miami Beach, Miami-Dade County, Florida; allegedly due to an unintended and unexpected change in height of adjoin concrete slabs of the sidewalk that exceeded one to one and half inches. She is alleging that she sustained permanent injuries as a result of the trip and fall and is also suing for loss of consortium. We shall file our answer to the complaint and propound discovery to the plaintiff. JS/AB/EB/RR/SR/Ir F:\ATIO\AAOFF\AAOFF\FILE.#S\2013\Status report GAO 091113.docx 1167 THIS PAGE INTENTIONALLY LEFT BLANK 1168 z "T1 0 -I m :s: en 1. Reports and Informational Items (see LTC 309-2013) 1170 Agenda Item_/ __ Date f-/1-13 THIS PAGE INTENTIONALLY LEFT BLANK 1171 MIAN\IBEACH OFFICE OF THE CITY MANAGER NO. LTC# 2'f'j~J.0/3 LEITER TO COMMISS~~ -< LL> :;!:.. To: Mayor Matti Herrera Bower and Members of the City Commission From: Jimmy L. Morales, City Manager Date: August 27, 2013 Subject: List of Projects Covered by the Co e of Silence Ordinance c:: r w ,..,, N .. -.! _c. ; ' Vo -o -.... ::~~ ,.. ~ -, -"-U1 -c.n In an effort to disseminate information to elected officials and City staff relative to projects that are covered by the requirements of the City's Cone of Silence Ordinance, following please find a list of all current solicitations (i.e., Invitation for Bids ("Bids"), Request for Proposals (RFPs), and Request for Qualifications (RFQs), that to date are covered by said ordinance. Please note that the Cone of Silence is in effect from the date the solicitation is advertised as indicated below, through date of award by City Commission. Date Advertised Document Number and Issued RFP-2012-014-ME 1/17/2012 RFP-54-11/12 9/12/2012 RFP-2013-001-ME 12/24/2012 RFP-2013-008-KP 2/12/2013 RFP-2013-064-LR 2/22/2013 ITB-2013-068-MF 8/27/2013 RFP-2013-095-ME 2/14/2013 Document Title A Pub I ic-Private Development In Miami Beach On North Lincoln Lane, Between Alton Road And Meridian Avenue, Including City-Owned Parking Lot #25 On 1 ih Street And Lenox Avenue, Parking Lot #26 On North Lincoln Lane, Between Lenox Avenue And Michigan Avenue, And Parking Lot #27 On North Lincoln Lane Between Jefferson Avenue And Meridian Avenue The Provisions of Credit Card Merchant Processing Services Unarmed Security Guard Services Health Plan Services and Benefits to Active Employees and Retired Enrollees Audit Services For An Audit of The City's Capital Improvement Projects Administered By the City's Capital Improvement Projects Office And Other City Departments Elevator Maintenance Comprehensive Professional Tennis Management and Operation Services at the City's Flamingo and North Shore Park I Tennis Center 1172 Department City Manager's Office Finance Citywide Human Resources OBPI PW-Property Management Parks and Recreation Agenda Item --::-:l..,....----=-_ Date ?.-//-/,3 Date Advertised Document Number and Issued Document Title Department Emergency Repairs for Water, Sewer and ITB-2013-113-LR 8/22/2013 Storm Water Pipe Breaks Public Works ITB-2013-171-TC 5/23/2013 Playground Fence at South Pointe Park Parks and Recreation RFP-2013-177-ME 5/9/2013 Parking Pay-by-Phone System Parking P25 Mobile Radio System Consulting RFP-2013-185-LR 5/9/2013 Services IT Audits of Resort Taxes and Other Internal RFP-20 13-188-TC 5/10/2013 Audits As Needed Audit PW-Property ITB-2013-269-ME 6/7/2013 Janitorial Services Management Design/Build Services For Right-of-Way Infrastructure Improvement Program No. RFP-20 13-305-TC 7/18/2013 8B Lower North Bay Road CIP Management an Operations of the Street Tourism Culture RFP-20 13-317 -ME 8/19/2013 Markets Development Estimated Issuance Purchase of Polymer Meter Boxes and ITB-2013-373-MF 8/30/2013 Covers Public Works Estimated Issuance PW-Property ITB-20 13-3 79-LR 9/6/2013 Air Conditioning Re_Q_air Services Management Parkview Island Right-of-Way ITB-2013-380-TC 7/26/2013 Improvement Public Work Estimated Issuance ITB-2013-390-LR 9/6/2013 Pharmaceuticals and Medical Supplies Fire De_g_artment Resurfacing and Scarifying Tennis Courts ITB-2013-404-LR 8/22/2013 at North Shore Park Tennis Center Parks and Recreation Purchase and delivery of DogiPot Junior Bag Dispensers and Biodegradable Litter ITB-2013-405-LR 8/22/2013 Pickup Bcms Parks and Recreation Estimated Issuance RFP-2013-411-MF 9/12/2013 Electronic Agenda System City Clerk The Provisions of Credit Card Merchant RFP-2013-414-TC 9/12/2013 Processing Services Flnance 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:A~ F.·IPURC\$ALLIMONTHL Y REPORTS\CONE LTC\12-13\August to Sept 2013 Cone LTC.docx 1173 :::0 c )> Commission Agenda, September 11, 2013 Miami Beach Redevelopment Agency City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive September 11, 2013 Chairperson of the Board Matti Herrera Bower Member of the Board Jorge Exposito Member of the Board Michael Gongora Member of the Board Jerry Libbin Member of the Board Edward L. Tobin Member of the Board Deede Weithorn Member of the Board Jonah Wolfson Executive Director Jimmy L. Morales Assistant Director 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 (ROA) Accepting The Recommendation Of The City's Finance And Citywide Projects Committee Pertaining To The Early Termination Of An Existing Retail Lease Agreement Between The Miami Beach Redevelopment Agency ("Landlord") And Cadiac, Inc. 0/B/A US Vintage ("Tenant"), Involving Suites 0 And E In The Anchor Shops, Located At 1560 Collins Avenue, Suite 3, Miami Beach, Florida ("Space"); And Approving And Authorizing The ROA To Enter Into A New Lease Agreement With US Vintage, Inc. For An Initial Term Of Three (3) Years, Commencing On October 1, 2013 And Ending On September 30, 2016, With Two (2) Renewal Options Of Three (3) Years And Three (3) Years And 364 Days Respectively, At The ROA's Sole And Absolute Discretion, Subject To And Pursuant To The Terms And Conditions Set Forth In The Agreement. (Tourism, Culture & Economic Development) 29 1175 MIAMI BEACH Miami Beach Redevelopment Agency City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Flori do 33139, www.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 l 0:00 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 age_nda must provide a written statement to the Agency Executive Director, 4th Floor, City HaiL 1700 Convention Center Drive, telephone 673· 7285, outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment will be set up to discuss the matter with a member of the Executive Director's staff. Procedurally, "Request for Agenda Consideration 11 will not be placed upon the Agency agenda until after Administrative staff review. Such review wiH 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 lpter than noon on Tuesday.Pf the week prior to the scheduled Agencx 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 6731411, before 5:00p.m., on the Tuesday prior to the Agency meeting and give their name, the agenda item to be discussed and, where known, the agenda item number. The Agency agenda is available via the City's website, (www.miamibeachfl.gov) on the Friday prior to the Agency meeting or may be reviewed at the Agency's Secretary Office {City Clerk 1 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 1176 REDEVELOPMENT AGENCY ITEM SUMMARY Condensed Title: A Resolution approving the early termination of a Retail lease Agreement between the Miami Beach Redevelopment Agency (RDA) and Cadiac, Inc. (Tenant) for Space in the Anchor Shops, located at 1560 Collins Ave, Suite 3-4, Miami Beach, Florida (Space); and approving the execution of a New Lease for said Space, having an initial term of three (3) years, with two (2) renewal o tions of three 3 ears and three 3 ears and 364 da s res ectivel , at the RDA's sole and absolute discretion. Ke Intended Outcome Su orted: Increase resident satisfaction with the level of services and facilities. Supporting Data (Surveys, Environmental Scan, etc.): Approximately 40% of retail businesses surveyed, rank Miami Beach as one ofthe best places to do business and 61% of the same rou would recommend Miami Beach as a lace to do business. Item Summa /Recommendation: Tenant still has approximately 13 months remaining on its current lease term but has requested early termination of its Lease, in connection with the execution of a New Lease with the entity currently managing the Space, U.S. Vintage for total of ten years, which would also facilitate its ability to secure financing to undertake improvements to the Space. The proposed lease terms which were approved by the Finance and Citywide Projects Committee (FCWPC), at its June 25,2013 meeting generally include the following: Commencement Date: Initial Lease Term: Square Footage: Renewal Options: Base Rent: Annual Rent Increase: CAM Pass-Through: Financial Records: Renewal Option Period: Guarantee: October 1, 2013 Three (3) years. 4,236 square feet; One option @three {3) years and three (3) years and 364 days, respectively, subject to RDA's sole and absolute discretion. The minimum of $65.00/sq.ft (4,236 square feet); $22,945.00 per month; $275,340.00 per year; plus applicable Sales Tax. The greater of CPI or 3% $1.41/sq. ft.; $497.73 per month; $5,972.76 per year, for first year, subject to adjustment, commencing year two, and annually thereafter, based upon Tenant's proportionate share of operating expenses, real estate taxes and insurance, based upon Landlord's estimate, as Landlord self-insures. The Landlord shall have the right to periodically review Tenant's financial records. Reset to prevailing market rate at the time renewal option Rent is granted, but not less than the previous year's Base Rent and shall further continue to have annual increases by the greater of CPI or 3% By individual Owners Pursuant to the recommendation of the FCWPC and after having considered all relevant information, the Administration recommends the Termination of the existing Lease and execution of a New Lease, commensurate with the terms delineated herein. Furthermore, it should be noted that since the Anchor Garage and Shops is owned by the RDA, it is not subject to the ublic hearin re uirements setforth under Section 82-39 of the Ci Code that would norma II a I to the lease of Ci Finance & Citywide Projects Committee, June 25, 2013-Recommendation in favor of early termination of existing Lease and execution of New Lease Financial Information: Source of Funds: nla Amount Account n/a Financial Impact Summary: The minimum of $65.00/sq.ft (4,236 square feet); $22,945.00 per month; $275,340.00 per year; plus applicable Sales Tax. $1.41/sq.ft.; $497.73 per month; $5,972.76 per year, for first year, subject to adjustment, commencing year two, and annually thereafter, based upon Tenant's proportionate share of operating expenses, real estate taxes and insurance, based u on Landlord's estimate, as Landlord self-insures. Ci Clerk's Office Le islative Trackin CityM C9 MIAMI BEACH 1177 AGENDA ITEM ___;_/_/I-__ DATE ?--!/---!,_? (9 MIAMIBEACH City of Miomi 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: September 11, 2013 SUBJECT: A RESOLUTION OF THE CHAIRPERS NAND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA) ACCEPTING THE RECOMMENDATION OF THE CITY'S FINANCE AND CITYWIDE PROJECTS COMMITTEE PERTAINING TO THE EARLY TERMINATION OF AN EXISTING RETAIL LEASE AGREEMENT BETWEEN THE MIAMI BEACH REDEVELOPMENT AGENCY ("LANDLORD"} AND CADIAC, INC. D/B/A US VINTAGE ("TENANT"}, INVOLVING SUITES D AND E IN THE ANCHOR SHOPS, LOCATED AT 1560 COLLINS AVENUE, SUITE 3, MIAMI BEACH, FLORIDA ("SPACE"); AND APPROVING AND AUTHORIZING THE RDA TO ENTER INTO A NEW LEASE AGREEMENT WITH US VINTAGE, INC. (US VINTAGE) FOR AN INITIAL TERM OF THREE (3) YEARS, COMMENCING ON OCTOBER 1, 2013 AND ENDING ON SEPTEMBER 30, 2016, WITH TWO (2) RENEWAL OPTIONS OF THREE (3) YEARS AND THREE (3) YEARS AND 364 DAYS RESPECTIVELY, AT THE RDA'S SOLE AND ABSOLUTE DISCRETION, SUBJECT TO AND PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. ADMINISTRATION RECOMMENDATION Adopt the resolution. BACKGROUND Cadiac, Inc. (Tenant) has been a tenant at the Anchor Shops since June 11, 1998 and currently occupies Suites D and E in the Anchor Shops, with a physical address of 1560 Collins Avenue, Suites 3-4, Miami Beach, Florida 33139, which space has approximately 4,236 square feet of retail space (Space). Tenant currently has a lease with the Miami Beach Redevelopment Agency (RDA), for the use of this Space, having a term of fifteen years, which term commenced on April 22, 1999 and terminates on May 30, 2014 (Lease). Tenant's Minimum Rent commenced at the rate of $40/sq.ft. through the end of its fourth lease year, upon which the rent would escalate three more times over the duration of the lease; on June 1, 2003, the rent increased to $45/sq.ft., on June 1, 2006, it increased to $55/sq.ft., and on June 1, 2009, the rent was scheduled to increase to $65.00/sq.ft., for the remaining term of its lease, which expires on September 30, 2014. On September 9, 2009, pursuant to a request from the Tenant and a recommendation from the City's Finance & Citywide Projects Committee (FCWPC), the RDA approved a modification to the Tenant's Lease, temporarily delaying a scheduled rent increase to $65/sq.ft., until June 1, 1178 Redevelopment Agency Memorandum Anchor Shops-Cadiac, Inc. Lease Termination and US Vintage Lease September 11, 2013 Page 2 of3 2011. This modification of the Lease is credited with allowing the Tenant to survive in the space despite the general deterioration of the retail market in the area. Since the modification of its Lease, the Tenant has made a significant effort to remain in the space, by broadening the appeal of its merchandise by migrating away from biker's apparel to resort wear, clothing for men, women and juniors, weekend wear, designer shoes, perfumes, eyewear, watches, and Miami Beach souvenir items, clothing and accessories. In addition, Tenant has taken on an equity partner by the name of U.S. Vintage, Inc. (US Vintage), which also serves as the store's retail manager. Even though Tenant still has approximately 13 months remaining on its current lease term, Tenant has requested early termination of its Lease, in connection with the execution of a new lease with U.S. Vintage (New Lease), for total of ten years, which would also facilitate its ability to secure financing to undertake improvements to the Premises. The discussion of an early termination of the US Cadiac, Inc's existing lease and the terms of a new lease with US Vintage was referred to the FCWPC meeting, scheduled for July 25, 2013. Tenant's new proposal provides greater revenue for the RDA because it includes a CAM component which Tenant currently does not pay, as well as yearly rent escalations by the greater of 3% or CPI, as well as an adjustment for possible market rent increases at the time of each renewal (New Lease Terms}, as follows: Commencement Date: Initial Lease Term: Renewal Options: Base Rent: Annual Rent Increase: CAM Pass-Through: Financial Records: Renewal Option Period Rent: Guarantee: October 1, 2013 Three (3) years. One (1) option@ three (3) years and one (1) option @ three (3) years and 364 days, subject to Landlord's sole and absolute discretion. The minimum of $65.00/sq.ft (4,236 square feet); $22,945.00 per month; $275,340.00 per year; plus applicable Sales Tax. The greater of CPI or 3% $1.41/sq.ft.; $497.73 per month; $5,972.76 per year, for first year, subject to adjustment, commencing year two, and annually thereafter, based upon Tenant's proportionate share of operating expenses, real estate taxes and insurance, based upon Landlord's estimate, as Landlord self-insures. The Landlord shall have the right to periodically review Tenant's financial records and statements of operation. Reset to prevailing market rate at the time renewal option is granted, but not less than the previous year's Base Rent and shall further continue to have annual increases by the greater of CPI or3% By individual Owners 1179 Redevelopment Agency Memorandum Anchor Shops-Cadiac, Inc. Lease Termination and US Vintage Lease September 11, 2013 Page 3 of3 As a basis for considering Tenant's request, staff conducted an internal analysis of prevailing rents in the area between Collins and Washin~ton Avenues, between 15th Street and Lincoln Road, as well as along Collins Avenue, from 12 h Street through Lincoln Rd., rents for available retail space range from a low of $55 to a high of $125 per square foot, with an average of $89.35 per square foot, quoted on a triple net basis ("Prevailing Market Rents"). FCWPC considered several factors, including but not limited to: 1) the Prevailing Market Rents in the area; 2) the existing Anchor Shops Retail Tenant Profile as of July 1, 2013; 3) the savings provided by entering into a new lease with an existing Tenant, as opposed to incurring the expenses generally associated with marketing the space for a new Tenant; and 4) a letter of Intent, dated September 22, 2012, for a proposed lease between the City and 7-Eieven, Inc., in connection with the space currently being occupied by Shan Swimwear, which space is abutting the Tenant's space, on Collins Avenue. Based upon the aforementioned, FCWPC recommended the early termination of the Tenant's Lease and the execution of the New Lease with US Vintage, based upon the New Lease Terms. A copy of the New Lease, including a personal guaranty from the Owners, is attached hereto and made a part hereof as Exhibit "1". It should be noted that during this FCWPC meeting, Tenant also proposed a new Lease for the Shan Swimwear space, located at 1560 Collins Avenue, Suite 2, Miami Beach, Florida, having 2,697 square feet of retail space, based upon the same New Lease Terms as the Tenant's space, so that Tenant may expand his business at this location and the FCWPC approved said proposal as well. Since said meeting, the Shan Tenant has also proposed renewal and new lease terms, which are being considered between Staff and Shan. RECOMMENDATION The Administration recommends that the Chairperson and Members of the Miami Beach Redevelopment Agency approve a resolution accepting the recommendation of the City's Finance and Citywide Projects Committee, approving and authorizing the RDA to enter into a Termination Agreement of the existing retail lease agreement between the Miami Beach Redevelopment Agency (Landlord) and Cadiac, Inc. d/b/a US Vintage (Tenant), involving Suites D and E in the Anchor Shops, having a physical address of 1560 Collins Avenue, Suite 3-4, Miami Beach, Florida 33139 (Space), similar in the format to the Termination Agreement attached hereto as Exhibit "1 "; and approving and authorizing the RDA to enter into a new Lease agreement with US Vintage, Inc. (US Vintage) for an initial term of three (3) years, commencing October 1, 2013 and ending on September 30, 2016, with two (2) additional renewal options of three {3) years and three (3) years and 364 days, respectively, at the RDA's sole and absolute discretion, substantially in the format to the Proposed Lease Agreement attached hereto as Exhibit "2". It should further be noted that since Anchor Garage and Shops is owned by the RDA, it is not subject to the public hearing requirements set forth under Section 82-39 of the City Code that would normally apply to the lease of City property. Proposed retail leases involving the Anchor Shoiay be approved during and as part of the RDA Board's regular agenda. JLM/ ~~NT F:\$AII\RHCD~n:or_Ret\US Vintage New Lease Finance Memo 07252013 Enclosures: -Proposed Termination Agreement between RDA and US Vintage -Exhibit "1" -Proposed New Lease Agreement between RDA and US Vintage -Exhibit "2" 1180 · TERMINATION OF LEASE This Termination of Lease Agreement (Termination Agreement), is made and executed as of this __ day of , 2013 (Effective Date), relating to a lease dated June 11, 1998 (Lease), by and between the MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate and politic (RDA), hereinafter referred to as (Landlord), and CADIAC, INC., a Florida corporation (Tenant), relating to Suites D and E in the Anchor Shops, having a physical address of 1560 Collins Avenue, Suites 3-4, Miami Beach, Florida 33139 (Premises). RECITALS: WHEREAS, the Lease was for an original term of fifteen years and currently terminates on May 30, 2014; however, Tenant would like to make improvements to the Premises but cannot move forward without a Lease for a longer term; WHEREAS, at the request of Tenant, on June 25, 2013, the Finance and Citywide Projects Committee (FCWPC) recommended in favor of an early termination of the subject Lease and the execution of a new Lease for the Premises, for a period of three years with two (2) renewal options, for three years and three years and 364 days, respectively, between the RDA and Tenant (New Lease); WHEREAS, on September 11, 2013, pursuant to Resolution No. ______ ....) the Chairperson and Members of the RDA accepted the recommendation of FCWPC and approved the execution of the New Lease between the RDA and Tenant, with respect to the Premises; NOW THEREFORE, simultaneously with the execution of the New Lease and in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledge, Landlord and Tenant agree to terminate the Lease for the Premises. WITNESSES: Print Name: ______ _ Print Name:, ______ _ Print Name: _ __;, ____ _ Print Name:. _______ _ LANDLORD: MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate and politic Chairperson ___ day of _____ , 2013. Secretary _ __ day of _____ , 2013. Exhibit u1" 1181 TENANT: Cadiac, Inc., a Florida corporation By:. ___________________________ __ Print Name: ______ _ Name: _______________ _ Print Name: ______ _ Title: ________________ _ __day of _____ , 2013. 2 1182 LANDLORD: TENANT: DATE OF EXECUTION: Miami Beach Redevelopment Agency, a public body corporate and politic i1700 Convention Center Drive Miami Beach, Florida 33139 US Vintage, Inc. 1560 Collins Ave., Suite 3-4 Miami Beach, Fl. 33139 ------------· 2013 ANCHOR SHOPS AT SOUTH BEACH RETAIL LEASE Exhibit "2" (i) Initials: _______ _ 1183 LEASE SUMMARY The following is a summary of basic lease provisions with respect to the Lease. It is an integral part of the Lease, and terms defined or dollar amounts specified in this Summary shall have the meanings or amounts as stated, unless expanded upon in the text of the Lease and its Exhibits, which are attached to and made a part of this Summary. 1. Date of Lease Execution: 2. "Landlord": 3. Landlord's Address: 4. "Tenant": 6. "Guarantor'': 7. Guarantor's Address: 8. Premises (section 1.1 ): 9. Gross Rentable Area of Premises (section 1.1 ): 10. Gross Rentable Area of Retail Space (section 1.1 ): 11. Tenant's Proportionate Share (section 2.4): 12. Permitted Use of (ii) ---------' 2013. Miami Beach Redevelopment Agency Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: Office of Real Estate, Housing & Com. Dev. with a copy to: City of Miami Beach Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: Legal Department US Vintage, Inc. 1560 Collins Ave., Suite 3-4 Miami Beach, Fl 33139 Miami Beach, FL 33139 Shlomo D' Jamal Joshua Glickman 1560 Collins Ave., Suite 3~4 Miami Beach, FL 33139 1560 Collins Ave., Suite 3-4 Miami Beach, FL 33139 As shown on Exhibit "B" Approximately 4,236 square feet Approximately 19,775 square feet 21% of Gross Rentable Area of Retail Space Initials: _______ _ 1184 Premises (section 3.1 ): 13. Term of Lease (section 1.1 ): 14. "Minimum Rent" {section 2.2): Premises shall be used to display and sell upscale clothing for men, women and juniors (designer brands such as Polo}, clothing accessories, resort wear, weekend wear, designer shoes, perfumes, eyewear, watches, and Miami Beach souvenir items (and subject to the prohibited uses described in Exhibit "D" to the Lease}. Three (3) years. "Commencement Date": October 1, 2013. "Rent Commencement Date": October 1, 2013. "Renewal Options": Two (2) options of three years and three years and 364 days, respectively, after the Expiration Date of the Initial Lease Term. Tenant must notify Landlord in writing, no later than one hundred and eighty {180) days prior to Expiration Date of its intention of exercising the Renewal Option. MONTHS ANNUAL MINIMUM RENT MONTHLY PAYMENT (PLUS SALES TAX) Rent Commencement Date - next succeeding twelve months* $275,340.00 $22,945.00 Note (*) Beginning on October 1, 2014, and at the beginning of each succeeding year thereafter during the Term of the Lease and during the term of any subsequent Lease Renewal Options, the Minimum Rent shall be adjusted by the greater of three (3%) annually or the CPI increase, as determined in accordance with the following formula: The CPI increase shall be determined by multiplying the Minimum Rent then being paid by a fraction, the numerator of which shall be the Consumer Price Index-U.S. City average for urban wage earners and clerical workers all items (1982- 84 equals 100) {"CPI") for the third month-preceding the month of adjustment, and the denominator of which shall be the CPI for the fifteenth month preceding the month of adjustment. Should the CPI become unavailable, a reasonable substitute prepared by the U.S. Department of Labor or other source, as designated by Landlord, shall be used. Minimum Rent shall continue to be payable in monthly installments as otherwise described above until Landlord notifies Tenant of the new monthly Minimum Rent installment amount. Landlord shall attempt to so notify Tenant prior to the commencement of each adjustment date. However, failure of Landlord to timely notify Tenant of the new monthly Minimum Rent installment amount shall not be deemed a waiver by Landlord of the increased rental; the new monthly amount (or any portion to previously paid} shall be payable, retroactive to the commencement of the new adjustment date, upon notification by Landlord to Tenant of the new monthly Minimum Rent installment amount. Notwithstanding the foregoing, the annual Minimum Rent shall not be less than the Minimum Rent payable for the immediately prior year, plus the minimum three (3%) annual increase. (iii) Initials: --------- 1185 The projected Minimum Rent for this site, assuming that the annual increases stay at the minimum 3% escalations and the prevailing market rents stay consistent with the Minimum Rent increases provided herein, shall be as follows: ·-=--~~-~=-·--~%1S~~~~~~~~\1; ~~~~~~j~~~~nr; "Year 1 $ 275~~QO ~$ 22,945.00 y~~l... .J~---__?~~L~:~Q __$_ Year 3 j----~~~~!2?:.?~ ... ~------~~342.35 Y~'!~~L-. j __ ~ 30Q&z_!:~~ .. t~-~?~52Q?~--~- Year 5 -~---·-·--~·-···}Q9!~~?·§9 .Y~~-~----·-.. t ___ .......... ..l!~.!~:~2 -~ -~----~?~!~~~:~-~- '!~fJ:_r}_____ ~-~-~-~~~?~Z:!Q:~6 _ .$~~~?7,3~?:~~ Ye_~r ~-----_$ __________ ~!~~!E_~3.47 ~~--~~~~~:!~:~6 x~.a.~-~~ . s 348,792.47 J 29!06~:-~ .. Year 10 $ 359,256.25 $ 29,938.02 15. Option Period(s) Rent: Upon notification of the Tenant's request to exercise its renewal option(s), as provided for in Section 13 of the Lease Summary, the Landlord shall engage an independent appraisal firm to determine comparable prevailing market rents and shall adjust the rent during the renewal period accordingly; however, the Minimum Rent shall not be less than the Minimum Rent for the immediately prior year, with subsequent annual rent increases, during said particular renewal option period, by the greater of 3% or CPI increases, as more particularly described in paragraph 14 of this Lease Summary. 16. 17. 18. 19. Percentage Rental (section 2.3): Prepaid Rent (section 2.2): Security Deposit (section 2. 7): Common Area Maintenance (CAM) (section 2.4): N/A N/A $45,890.00 (excludes sales tax), the equivalent of two (2} months rent (due upon execution of Lease). Payment of Proportionate share of real estate taxes, Landlord's insurance (Determined by Landlord) and Operating Costs, as defined in section 2.4. LEASE YEAR COMMON AREA MAINTENANCE (CAM) MONTHLY/ANNUAL PAYMENT 1 2-3 COST PER SQUARE FOOT" $1.41 See Note(*) $497.73/$5,972.76 See Note(*) Note (*) Beginning on October 1, 2014, and at the beginning of each succeeding Lease Year thereafter during the Term of the Lease and any subsequent Renewal Option Period, the rate for (iv) Initials: 1186 Common Area Maintenance, as defined in paragraph 2.4 of the Lease, shall be adjusted to reflect the Tenant's prorate share of CAM Costs incurred by the Landlord during the previous Lease year. In addition, beginning on October 1, 2015, and on October 1st of each year thereafter, during the Term of the Lease and any subsequent Renewal Option period, Landlord shall provide Tenant with a reconciliation with respect to the total CAM charges incurred by Landlord during the previous fiscal year (Landlord CAM Charges) and Tenant's proportionate share of said Landlord CAM Charges (Tenant CAM Share) and the actual payments Tenant has made toward said Tenant CAM Share (Tenant CAM Payments) (Reconciliation). If the Tenant CAM Share exceeded the Tenant CAM Payments (CAM Shortage), Tenant shall pay Landlord its proportionate share of the CAM Shortage within thirty days from Landlord's demand. If Tenant's proportionate share of the CAM Shortage is a sum which exceeds more than one month of Minimum Rent at the time, Tenant may pay 1/1i11 of said CAM Shortage over the next ensuing twelve month period. If the total Tenant CAM Share is less than the Tenant CAM Payments (CAM Credit), Tenant shall receive a CAM Credit toward the next Minimum Rent payments due under the Lease, until Tenant's CAM Credit has been depleted. 20. Comprehensive General Liability Insurance (section 6.1 ): 21. Monthly Promotional Charge (section 13.1 ): 22. Broker(s)(section 14.12): 23. Completion Date for Tenant's Work (section 5.1 ): 24. Trade Name (section 3.1 ): (v) $1,000,000.00 N/A N/A N/A. US Vintage Initials: -------- 1187 THIS LEASE (the "Lease"}, dated the __ day of , Year, is made between Miami Beach Redevelopment Agency, a public body corporate and politic (the "Landlord"), and Company Name., a Florida corporation (the 'Tenant"). RECITALS: A. The Landlord is the fee simple owner of a certain facility (the "Facility'') containing a municipal parking garage and appurtenances containing approximately eight hundred (800) parking spaces (the "Garage") and certain retail space (the "Retail Space") located in an area bounded by Washington and Collins Avenues in the proximity of 16th Street, City of Miami Beach, Metropolitan Dade County, Florida, as more particularly described in Exhibit "A," attached hereto and made a part hereof (the "Land"). The Landlord is the fee simple owner of the Land and the Facility. B. Landlord and Tenant desire to enter into this Lease for a portion of the Retail Space, on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: ARTICLE I. TERM. 1.1 Grant; Term. In consideration of the performance by Tenant of its obligations under this Lease, Landlord leases to Tenant, and Tenant leases from Landlord, for the Term, the "Premises." A site plan showing the location of the Retail Space within the Facility, as well as the location of the Premises within the Retail Space, is attached hereto and made a part hereof as Exhibit "B." The gross rentable area of the Premises and the Retail Space gross rentable area shown on the Lease Summary do not represent accurate measurements of the square footage contained in the Premises or the Retail Space, but are mere estimates. The 'Term" of the Lease is the period from the Commencement Date as specified in the Lease Summary, through the Expiration Date, as specified in the Lease Summary. 1.2. Landlord's Work. Tenant acknowledges and agrees that it is accepting possession of the Premises in as-is condition and that, except as otherwise expressly hereinafter set forth, Landlord has no obligation to furnish, render, or supply any money, work, labor, material, fixture, equipment, or decoration with respect to the Premises. (i) Storefront and Doors: Interior of storefront and doors finished with standard color (which may not be modified by Tenant). Entry doors to be provided with hardware (which may not be modified by Tenant). Rear service door provided, with locking mechanism, in compliance with fire/other, as required by South Florida Building Code. All doors and storefront have been wired for the installation of a theft protection system. (Storefront sills are excluded.) (ii) Ceiling: Exposed to structure, with a portion of dryvvall, suspending ceiling located along the service counter, along the south end of Premises. (iii) Demising Walls: Limited to 3 5/8" metal studs and drywall paneling, rated under fire/other, as required by South Florida Building Code. (iv) Exterior Walls: Exposed, finished masonry or concrete. (v) Flooring: Compacted fill suitable for structural slab, concrete slab, and public area flooring composed of ceramic tile and polished wood, over a built-in platform. Initials: _______ _ 1188 (vi) Plumbing/Bathrooms/Food Preparation Sinks: Domestic water terminating at Premises. Size of service for spaces at 16th Street and Washington Avenue is 3/4", and size of service for spaces at Collins Avenue is 1 1/4". Sanitary waste lines terminating at Premises. Size of lines are 4" for all spaces. Two food preparation sinks and related equipment are installed and properly connected to the water/sanitary systems. Two bathrooms, equipped and finished in full, and in compliance with existing code requirements. (vii} Walk-In Refrigerator: a walk-in refrigerator, located in the food preparation area, is installed and connected to electrical and plumbing sources. (viii) Electrical Fixtures/Meter: Conduit sized at 2" terminating at Premises. Electrical panel and wiring appropriate for Premises is installed. Electrical fixtures include two(2) ceiling Fans, spot lights, and other. Tenant is responsible for the installation and maintenance of an electrical meter for the premises. (ix) Fire Sprinklers: Lines and heads as required by code. (Changes, if any, are Tenant's responsibility.) (x) Mechanical System (Air-Conditioning/Heating}: The type of system installed is as follows: For spaces at Collins Avenue -split HVAC system (with roof curb provided by Landlord}. The system includes duct distribution work, and is installed per existing codes. The roofing membrane located underneath the HVAC system supports has been installed in accordance to existing codes and is guarantee. Tenant is to coordinate all maintenance and repair of the HVAC System units with Landlord, at Tenant's expense. (xi) Roofing: Tenant shall coordinate with Landlord the repair and maintain the roofing system for the Premises. (xii) Exterior Signs: Electrical junction box provided within storefront, to provide power with conduit from exterior box to interior of Premises. Landlord reserves the right to modify the plans and specifications for the Shell Improvements in response to building code requirements and/or construction conditions. Tenant is responsible for any and all utility impact fees and connection fees, charges, and/or deposits as may be required in connection with Tenant's Work, as hereinafter defined. ARTICLE II. RENT. 2.1 Covenant to Pay. Tenant shall pay to Landlord all sums due hereunder from time to time from the Rent Commencement Date without prior demand, together with all applicable Florida sales tax thereon; however, unless otherwise provided in this Lease, payments other than Tenant's regular monthly payments of Minimum Rent shall be payable by Tenant to Landlord within five (5) days following demand. All rent or other charges that are required to be paid by Tenant to Landlord shall be payable at Landlord's address indicated on the Lease Summary. Minimum Rent and additional rent (which is all sums payable to Landlord other than Minimum Rent} for any " Lease Year" consisting of less than twelve (12) months shall be prorated on a per diem basis, based upon a period of 365 days. "Lease Year" means the twelve (12) full calendar months commencing on the Commencement Date. However, the final Lease Year may contain less than twelve (12) months due to expiration or sooner termination of the Term. Tenant agrees that its covenant to pay rent and all other sums under this Lease is an independent covenant and that all such amounts are payable without counterclaim, set-off, deduction, abatement, or reduction whatsoever, except as expressly provided for in this Lease. 2.2 Minimum Rent. Subject to any escalation which may be provided for in this lease, Tenant shall pay Minimum Rent for the Term in the initial amount specified in the lease Summary, which, except for the first installment, shall be payable throughout the Term in equal monthly installments in advance on the first day of each calendar month of each year of the Term, such monthly installments to be in the amounts (subject to escalation) 2 Initials: _______ _ 1189 specified in the Lease Summary. The first monthly installment of Minimum Rent shall be due on the date of this Lease. The Minimum Rent described above shall be adjusted during the Term of this Lease as provided in the Lease Summary. 2.3. Percentage Rental. Intentionally Omitted. 2.4 Common Area Maintenance (CAM). Tenant shall remit, together with regular monthly payments of Minimum Rent, as Additional Rent, in accordance with Section 19 of the Lease Summary, its proportionate share of Common Area Maintenance (CAM} Costs for the Premises, Garage and Retail Space, which CAM costs include: real estate taxes for the Garage and Retail Space (Real Estate Taxes}; insurance costs to be determined by Landlord, in its sole discretion and judgment, to be sufficient to self-insure the Garage and Retail Space for hazard and flood, windstorm and liability insurance {Landlord's Insurance); and other operating costs (Operating Costs) necessary in connection with the ownership and operation of the Premises, including but not limited to the following: (i) Costs associated with Landlord's repair obligations under the Lease, including but not limited to maintaining, repairing and/or replacing the structural, mechanical and/or electrical equipment, and exterior roof relating to the Retail Space; (ii) Replacement of the heating, ventilating and air conditioning equipment for the Retail Space; (iii) Cleaning, maintaining the exterior walls of Retail Space, including pressure cleaning and painting; (iv) Cleaning/janitorial service for maintenance of the sidewalks abutting the Retail Space; (v) Management fees relating to the management of the Retail Space, should Landlord contract a third party to manage the Retail Space (Not applicable if Landlord is managing the Retail Space); and (vi) Any other expenses with respect to maintenance, security and Operating Costs which may be deemed necessary as the need arises, in Landlord's sole discretion. 2.5 Payment of Personal Property Taxes: Sales Tax Reports. Tenant shall pay, when due, all taxes attributable to the personal property, trade fixtures, business, occupancy, or sales of Tenant or any other occupant of the Premises and to the use of the Retail Space by Tenant or such other occupant. Tenant shall provide Landlord with copies of Tenant's sales tax reports provided to the State of Florida, as and when such reports are provided to the State. Landlord shall have the right to disclose such reports to any person or entity having an interest or prospective interest in the Retail Space. 2.6 Rent Past Due. If any payment due from Tenant shall be overdue more than five (5) days, a late charge of five (5%) percent of the delinquent sum may be charged by Landlord. If any payment due from Tenant shall remain overdue for more than fifteen (15) days, an additional late charge in an amount equal to the lesser of the highest rate permitted by law or one and one-half (1 1/2%) percent per month eighteen (18%) percent per annum) of the delinquent amount may be charged by Landlord, such charge to be computed for the entire period for which the amount is overdue and which shall be in addition to and not in lieu of the five (5%) percent late charge or any other remedy available to Landlord. 2. 7 Security Deposit. Landlord acknowledges receipt of a security deposit in the amount specified on the Lease Summary to be held by Landlord, without any liability for interest thereon, as security for the performance by Tenant of all its obligations under this Lease. Landlord shall be entitled to commingle the security deposit with Landlord's other funds. If Tenant defaults in any of its obligations under this Lease, Landlord may at its option, but without prejudice to any other rights which Landlord may have, apply all or part of the security deposit to compensate Landlord for any loss, damage, or expense sustained by Landlord as a result of such default. If all or any part of the security deposit is so applied, Tenant shall restore the security deposit to its original amount on demand of Landlord. Subject to the provisions of section 2.4, within thirty (30) days following termination of this Lease, if Tenant is not then in default, the security deposit will be returned by landlord to Tenant. Notwithstanding the foregoing, for purposes of the security deposit described in the Lease Summary and the above paragraph, Tenant, at its option, shall have the right to post an irrevocable, unconditional, and transferable Letter of Credit, which Letter of Credit shall comply with the provisions of Exhibit "2.7," attached 3 Initials: _______ _ 1190 hereto and made a part hereof. If Tenant delivers the letter of Credit to landlord, then Landlord will return the cash security deposit promptly after Landlord's receipt of the letter of Credit. 2.8 Landlord's Lien. To secure the payment of all rent and other sums of money due and to become due hereunder and the faithful performance of this lease by Tenant, Tenant hereby gives to Landlord an express first and prior contract lien and security interest on all property now or hereafter acquired (including fixtures, equipment, chattels, and merchandise) which may be placed in the Premises and also upon all proceeds of any insurance which may accrue to Tenant by reason of destruction of or damage to any such property. Such property shall not be removed therefrom without the written consent of Landlord until all arrearages in rental and other sums of money then due to Landlord hereunder shall first have been paid; provided, Tenant may operate its business in the ordinary course and the removal of merchandise from the Premises by customers of Tenant shall not be a default under this section. All exemption Jaws are hereby waived in favor of said lien and security interest. This lien and security interest is given in addition to Landlord's statutory lien and shall be cumulative thereto. Landlord shall, in addition to all of its rights hereunder, also have all of the rights and remedies of a secured party under the Uniform Commercial Code as adopted in the State in which the Premises is located. To the extent permitted by law, this Lease shall constitute a security agreement under Article 9 of the Florida Uniform Commercial Code. ARTICLE Ill. USE OF PREMISES. 3.1 Permitted Use. The Premises shall be used and occupied only for the sale at retail of goods or services as specified in the Lease Summary. The business of Tenant in the Premises shall be carried on under the name specified in the Lease Summary and under no other name unless approved by Landlord in writing. Tenant shall carry on its business on the Premises in a reputable manner and shall not do, omit, permit, or suffer to be done or exist upon the Premises anything which shall result in a nuisance, hazard, or bring about a breach of any provision of this Lease or any applicable municipal or other governmental law or regulation, or would otherwise be inconsistent with a first-class retail center or incompatible with retail uses ancillary to a first-class convention center hotel. Tenant shall observe all reasonable rules and regulations established by Landlord from time to time for the Retail Space. The rules and regulations in effect as of the date hereof are attached to and made a part of this Lease as Exhibit "C." Landlord will provide a copy of any amendments to the rules and regulations at least seven (7) days prior to the effective date of any such amendments. Tenant shall display such name as Landlord may from time to time designate for the Retail Space in its stationery used upon the Premises, and in material which is given, visible, or available to customers of Tenant. Tenant shall promote such name in any advertisements or promotional material published or initiated by Tenant in regard to its business from the Premises. The names for the Retail Space and the project of which the Retail Space is a part, which Landlord may from time to time adopt, and every name or mark adopted by Landlord in connection with the Retail Space shall be used by Tenant only in association with the business carried on in the Premises during the Term and Tenant's use thereof shall be subject to such reasonable regulation as Landlord may from time to time impose. 3.2 Compliance with Laws. The Premises shall be used and occupied in a safe, careful, and proper manner so as not to contravene any present or future laws, rules, regulations, constitutions, orders, ordinances, charters, statutes, codes, executive orders, and requirements of all governmental authorities having jurisdiction over the Premises or any street, road, avenue, or sidewalk comprising a part of, or lying in front of, the Premises or any vault in or under the Premises (including, without limitation, any of the foregoing relating to handicapped access or parking, the local building codes, and the laws, rules, regulations, orders, ordinances, statutes, codes, and requirements of any applicable Fire Rating Bureau or other body exercising similar functions), the temporary and/or permanent certificate or certificates of occupancy issued for the Premises as then in force, and any and all provisions and requirements of any property, casualty, or other insurance policy required to be carried by Tenant under this Lease. If due to Tenant's use of the Premises, repairs, improvements, or alterations are necessary to comply with any of the foregoing, Tenant shall pay the entire cost thereof. 3.3 Signs. Tenant, at Tenant's expense, shall erect and maintain identification signage upon the storefront of the Premises. The design and specification of such signage shall be subject to Landlord's sign criteria as adopted from time to time and such design and specification (including camera-ready artwork) shall be 4 Initials: 1191 submitted for Landlord's prior approval. Except with the prior written consent of Landlord, Tenant shall not erect, install, display, inscribe, paint, or affix any signs, lettering, or advertising medium upon or above any exterior portion of the Premises or in or on Tenant's storefront or storefront window. Landlord's signage criteria is attached hereto and made a part hereof as Exhibit "E." 3.4 Environmental Provisions. (a) Tenant shall not knowingly incorporate into, use, or otherwise place or dispose of at the Premises or in the Retail Space (or allow others to incorporate into, use, or otherwise place or dispose of at the Premises or in the Retail Space) any Hazardous Materials, as hereinafter defined, unless (i} such Hazardous Materials are for use in the ordinary course of business (i.e., as with office or cleaning supplies), (ii) notice of and a copy of the current material safety data sheet is provided to Landlord for each such Hazardous Material (except for Hazardous Materials used by Tenant in the ordinary course of business (i.e., as with office or cleaning supplies)), and (iii) such materials are handled and disposed of in accordance with all applicable governmental laws, rules, and regulations. If Landlord or Tenant ever has knowledge of the presence in the Premises or the Retail Space of Hazardous Materials which affect the Premises, such party shall notify the other thereof in writing promptly after obtaining such knowledge. For purposes of this Lease, "Hazardous Materials" shall mean: (a) petroleum and its constituents; (b) radon gas, asbestos in any form which is or could become friable, urea formaldehyde foam insulation, transformers or other equipment which contain dielectric fluid containing levels of polychlorinated biphenyls in excess of federal, state or local safety guidelines, whichever are more stringent; (c) any substance, gas, material or chemical which is or may hereafter be defined as or included in the definition of "hazardous substances," "hazardous materials," "hazardous wastes," "pollutants or contaminants," "solid wastes," or words of similar Import under any applicable governmental laws, rules, and regulations including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. § 9061 et seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6901, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq.; and Florida Statutes, Chapters 376 and 403; and (d) any other chemical, material, gas, or substance, the exposure to or release of which is regulated by any governmental or quasi-governmental entity having jurisdiction over the Retafl Space or the operations thereon. (b) If Tenant or its employees, agents, or contractors shall ever violate the provisions of subsection (a), above, then Tenant shall clean-up, remove, and dispose of the Hazardous Material causing the violation, in compliance with all applicable governmental standards, laws, rules, and regulations and repair any damage to the Premises or Retail Space within such period of time as may be reasonable under the circumstances after written notice by Landlord, provided that such work shall commence not later than thirty (30) days from such notice and be diligently and continuously carried to completion by Tenant or Tenant's designated contractors. Tenant shall notify Landlord of its method, time, and procedure for any clean-up or removal of Hazardous Materials under this provision; and Landlord shall have the right to require reasonable changes in such method, time, or procedure or to require the same to be done after normal business hours or when the Retail Space is otherwise closed (i.e., holidays) if reasonably required for the protection of other tenants or occupants of the Retail Space. (c) Tenant agrees to defend, indemnify, and hold harmless Landlord, and the City of Miami Beach (the "City'') against any and all claims, costs, expenses, damages, liability, and the like, which Landlord may hereafter be liable for, suffer, incur, or pay arising under any applicable environmental laws, rules, and regulations and resulting from or arising out of any breach of the covenants contained in this section 3.4, or out of any act, activity, or violation of any applicable environmental laws, rules, and regulations on the part of Tenant, its agents, employees, or assigns. Tenant's liability under this section 3.4 shall survive the expiration or any termination of this Lease. 3.5 Hours; Continued Occupancy. During the Term, Tenant shall conduct its business in the Premises, at a minimum, on all days and during all hours established by Landlord from time to time. However, Tenant shall open for business no later than 12:00 P.M. and shall close no later than 10:00 PM. Tenant may conduct business on the Premises, in addition to the foregoing times, in Tenant's reasonable judgment in order to maximize sales from the Premises, at Tenant's sole expense. However, Landlord shall not be responsible for providing common area or other services during such additional hours. Tenant shall open the whole of the 5 Initials: _______ _ 1192 -------------------------------- Premises for business to the public, fully fixtured, stocked, and staffed on the Completion Date set forth in item 24 of the Lease Summary, and shall continuously, actively, and diligently carry on the business specified in section 3.1 on the whole of the Premises during the Term, during such hours and upon such days as are herein required, except when prevented from doing so by force majeure (as the term is described in section 14.1 ). Tenant acknowledges that its continued occupancy of the Premises and the regular conduct of its busfness therein are of utmost importance to neighboring tenants and to Landlord in the renting of space in the Retail Space, the renewal of other leases therein, the efficient and economic supply of services and utilities. Tenant acknowledges that Landlord is executing this Lease in reliance thereupon and that the same is a material element inducing Landlord to execute this Lease. Tenant shall not keep or display any merchandise on or otherwise obstruct the common areas and shall not sell, advertise, conduct, or solicit business anywhere within the Retail Space other than in the Premises. Tenant shall ship and receive supplies, fixtures, equipment, furnishings, wares, and merchandise only through the appropriate service and delivery facilities provided by Landlord; and shall not park its trucks or other delivery vehicles or allow suppliers or others making deliveries to or receiving shipments from the Premises to park in the parking areas, except in those parts thereof as may from time to time be allocated by Landlord for such purpose. Tenant shall maintain available a substantial stock of goods, wares, and merchandise adequate to ensure successful operation of Tenant's business, and shall employ and maintain sales and other personnel sufficient at all times for proper service to customers. In recognition of Tenant's monetary contribution to Landlord (in the form of rent) and Tenant 's general contribution to commerce within the Retail Space (also important in Landlord's determination to execute this Lease with Tenant), Tenant agrees that during the Term neither Tenant, or any guarantor or affiliate, parent, or subsidiary of Tenant will own, lease, or operate another store, department within a store, or any structure or site for retail business conducting the same business as described in item 12 within one (1) miles of any point in the Retail Space. 3.6 Prohibited Uses. Notwithstanding any other provisions of this Lease, Tenant shall not use the Premises nor permit them to be used for any of the following purposes: (A) for the sale by Tenant, as its principal business purpose, of any merchandise which Tenant, in the course of its normal business practice, purchases at manufacturers' clearances or purchases of ends-of-runs, bankruptcy stock, seconds, or other similar merchandise; (B) for the sale of second-hand goods, war surplus articles, insurance salvage stock, fire sale stock, merchandise damaged by or held out to be damaged by fire, except merchandise damaged by fire or smoke occurring in the Retail Space, and then only for thirty (30) days after the date of any such damage; (C) as an auction or flea market; (D) for a bankruptcy sale or going-out-of-business sale or liquidation sale or any similar sale, unless Tenant is in fact in bankruptcy or is going out of business or is in liquidation, in which case such sale shall not continue beyond thirty (30) days; (E) a business primarily used for an order office, mail order office, or catalogue store; (F) any business in which Tenant is engaged in intentionally deceptive or fraudulent advertising or selling practices or any other act or business practice contrary to honest retail practices; or (G) any other Prohibited Uses set forth in the attached Exhibit "D". 3. 7 Exclusive Use. So long as Tenant is in actual occupancy of the Premises and using the Premises for the permitted use set forth in the Lease Summary, Landlord agrees not to enter into any leases for space in the Retail Space with persons or entities whose primary business at the Retail Space would be for the sale of clothing sold under the following brand names: Dolce & Gabbana; Versace Jeans Couture; B.C.B.G.; Diesel; Replay; Polo Sport; Polo Jeans; and Ralph Lauren; and shoes sold under the following brand names: Charles David; Calvin Klein; Kenneth Cole; SoHo Shoes; Via Spiga; and Milano. 3.9 Extension of Credit. Intentionally omitted. 3.10 Cotenancy. Intentionally omitted. ARTICLE IV. ACCESS AND ENTRY. 4.1 Right of Examination. Landlord shall be entitled at all reasonable times and upon reasonable notice (but no notice is required in emergencies) to enter the Premises to examine them if Landlord reasonably believes that Tenant is not complying with any of its obligations hereunder; to make such repairs, alterations, or 6 Initials: 1193 improvements thereto as Landlord considers necessary or reasonably desirable; to have access to under floor facilities and access panels to mechanical shafts and to check, calibrate, adjust, and balance controls and other parts of the heating, air conditioning, ventilating, and climate control systems. Landlord reserves to itself (and others acting on behalf of Landlord including, without limitation, the City} the right to install, maintain, use, and repair pipes, ducts, conduits, vents, wires, and other installations leading in, through, over, or under the Premises and for this purpose, Landlord may take all material into and upon the Premises which is required therefore. Tenant shall not unduly obstruct any pipes, conduits, or mechanical or other electrical equipment so as to prevent reasonable access thereto. Landlord reserves the right to use all exterior walls and roof area. Landlord shall exercise its rights under this section, to the extent possible in the circumstances, in such manner so as to minimize interference with Tenant's use and enjoyment of the Premises and Tenant's property. 4.2 Right to Show Premises. Landlord and its agents have the right to enter the Premises at all reasonable times and upon reasonable notice to show them to prospective purchasers, lenders, or anyone having a prospective interest in the Retail Space, and, during the last six (6) months of the Term (or the last six (6) months of any renewal term if this Lease is renewed), to show them to prospective tenants. Landlord shall exercise its rights under this section, to the extent possible in the circumstances, in such manner so as to minimize interference with Tenant's use and enjoyment of the Premises and Tenant's property. ARTICLE V. CONSTRUCTION; MAINTENANCE. REPAIRS, AND ALTERATIONS. 5.1. Tenant's Construction Obligations. (a) Subject to the provisions hereof, Tenant shall, at its expense, cause the construction and installation of any and all improvements, alterations and/or repairs to the Premises in accordance with Tenant's Plans, as hereinafter defined, and as necessary to permit Tenant to occupy same and conduct normal business operations {such improvements being referred to herein as "Tenant's Work"}. (b) Tenant, at Tenant's expense, agrees to furnish to Landlord a preliminary schedule of finishes and values, as well as a conceptual plan for any improvements and/or alterations to the Premises. The preliminary schedule of finishes and values, as well as the conceptual plan shall be subject to Landlord's review and approval, not to be unreasonably withheld or delayed. Landlord shall notify Tenant in writing of its acceptance or of its objections to the preliminary schedule of finishes and conceptual plan within ten (10) business days after such preliminary schedule has been provided to Landlord. Should Tenant fail to submit the preliminary schedule of finishes and conceptual plan within the time period set forth above, or should Tenant fail to make any reasonable modifications Landlord may require within five {5) business days of notice thereof, then either such event shall be deemed to be a default under this Lease. (c) Tenant, at Tenant's expense, agrees to furnish to Landlord a set of schematic drawings (including an initial space plan) plan for any improvements and/or alterations to the Premises, which shall also include as an attachment a schedule of finishes and Tenant's proposed construction budget (the "Schematic Drawings") for Tenant's Work. The construction budget shall include detailed descriptions of the scope of work and provide for a minimum expenditure for Tenant's Work. The Schematic Drawings shall be subject to Landlord's review and approval, not to be unreasonably withheld. Landlord shall notify Tenant in writing of its acceptance or of its objections to the Schematic Drawings. Should Tenant fail to submit the Schematic Drawings within the time period set forth above, or should Tenant fail to make any reasonable modifications Landlord may require within five (5} business days of notice thereof, then either such event shall be deemed to be a default under this Lease. Tenant acknowledges that submission of satisfactory Schematic Drawings is a condition to Landlord's entering into this Lease with Tenant and that if Tenant fails to furnish Schematic Drawings acceptable to Landlord within the time periods set forth herein, then, in such event, Tenant shall be in default under this Lease, and Landlord shall have the option to declare this Lease null and void. The Schematic Drawings, as approved by Landlord, shall be incorporated herein by reference and made part of this Lease. "- 7 Initials: _______ _ 1194 (d) Within ten (10) days after the date Landlord has approved the Schematic Drawings, Tenant, at Tenant's expense, agrees to furnish to Landlord a complete, detailed set of plans and specifications through the design development stage ("Tenant's Plans") for Tenant's Work, which shall include, without limitation, all working drawings, elevations, finish selections, and signage schematics, along with a separate schedule detailing Tenant's estimated expenditures in connection with Tenant's Work (based on the construction budget described above as supplemented to reflect the approved Schematic Drawings) and a list of the proposed architect and engineer(s), interior design team, general contractor, and subcontractors. Tenant's Plans shall be based on the approved Schematic Drawings and shall be in a form sufficient to obtain a building permit from the City. Tenant's Plans shall be prepared by Tenant's architect and engineer(s}, which architect and engineer(s) shall be subject to Landlord's prior written approval, not to be unreasonably withheld or delayed. Tenant's Plans shall be subject to Landlord's reasonable review and approval, which approval shall not be unreasonably withheld or delayed. Landlord shall notify Tenant in writing of its acceptance or of its objections to Tenant's Plans within ten (10) business days after the Tenant's Plans have been provided to Landlord. Should Tenant fail to submit Tenant's Plans within the time period set forth above, or should Tenant fail to make any reasonable modifications Landlord may require within five (5} business days of notice thereof, then either such event shall be deemed to be a delay caused by Tenant. Notwithstanding Landlord's review and approval of Tenant's Plans, Landlord assumes no responsibility whatsoever, and shall not be liable, for the manufacturer's, architect's, or engineer's design or performance of any structural, mechanical, electrical, or plumbing systems or equipment of Tenant. (e} Once Landlord approves Tenant's Plans, Tenant shall, within five (5) days, provide Landlord with two {2) sets of Tenant's Plans (and any changes to Tenant's Plans and/or the approved construction budget shall be made only by written addendum signed by both parties}. Tenant's Plans, as approved by Landlord, shall be incorporated herein by reference and made part of this Lease. (f) Within ten {1 0) days after the date Landlord has approved Tenant's Plans, Tenant, at Tenant's expense, agrees to furnish to Landlord a complete and detailed set of construction documents in AlA form, including all exhibits ("Tenant's Construction Documents") for Tenant's Work, which shall be prepared by Tenant's architects. Tenant's Construction Documents shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed, and Tenant shall receive written notification of Landlord's approval or objections to Tenant's Construction Documents. Should Tenant fail to submit Tenant's Construction Documents with the period set forth above or should Tenant fail to make any reasonable modifications, Landlord may request within five (5) business days of notice hereof, then either such event shall be deemed a delay caused by Tenant. Notwithstanding Landlord's review of Tenant's Construction Documents, Landlord assumes no responsibility whatsoever and shall not be liable with respect to any item contained therein. (g) Once Landlord approves Tenant's Construction Documents, Tenant shall, within five (5) days, provide Landlord with two (2) sets of Tenant's Construction Documents (and any changes to Tenant's Construction Documents and/or the approved construction budget shall be made only by written addendum signed by both parties). (h) Tenant shall use only licensed contractors and subcontractors approved in writing by Landlord to complete the construction and installation of Tenant's Work, which approval shall not be unreasonably withheld or delayed. Within ten (10) days after the date hereof, Tenant shall provide to Landlord certificates of insurance evidencing that Tenant has the required comprehensive general liability insurance required of Tenant under the Lease. In addition, Tenant shall provide to Landlord certificates of insurance evidencing that Tenant's general contractor has in effect (and shall maintain at all times during the course of the work hereunder) workers' compensation insurance to cover full liability under workers' compensation laws of the State of Florida with employers' liability coverage; comprehensive general liability and builder's risk insurance for the hazards of operations, independent contractors, products and completed operations (for two {2) years after the date of acceptance of the work by Landlord and Tenant); and contractual liability specifically covering the indemnification provision in the construction contract, such comprehensive general liability to include broad form property damage and afford coverage for explosion, collapse and underground hazards, and "personal injury" liability insurance and an endorsement providing that the insurance afforded under the contractor's policy is primary insurance as 8 Initials: _______ _ 1195 respects Landlord and Tenant and that any other insurance maintained by Landlord or Tenant is excess and non- contributing with the insurance required hereunder, provided that such insurance may be written through primary or umbrella insurance policies with a minimum policy limit of $1 ,000,000.00. Landlord and Tenant are to be included as an additional insured for insurance coverages required of the general contractor. Tenant shall inform its contractor, subcontractors, and material suppliers that Landlord's interest in the Premises and the Retail Space shall not be subject to any lien to secure payment for work done or materials supplied to the Premises on Tenant's behalf and that Landlord has filed a notice in the publlc records of Dade County, Florida, to that effect. All inspections and approvals necessary and appropriate to complete Tenant's Work in accordance with Tenant's Plans and as necessary to obtain a certificate of use and occupancy as hereinafter provided are the responsibility of Tenant and its general contractor. Tenant shall arrange a meeting prior to the commencement of construction between Landlord and Tenant's contractors for the purpose of organizing and coordinating the completion of Tenant's Work. (i) Once Tenant's Plans have been approved by Landlord, Tenant shall diligently pursue the issuance of a building permit therefore. Tenant shall commence Tenant's Work (and shall be required to diligently pursue same) upon receipt of the building permit. If Tenant has not commenced Tenant's Work by such date, or if Tenant has not achieved Substantial Completion of Tenant's Work in accordance with Tenant's Plans, as approved by Landlord, by the date set forth in the Lease Summary, then, in either such event, Tenant shall be in default under this Lease, and Landlord shall have the option to declare this Lease null and void and exercise any remedies available under this Lease. Should this Lease be declared null and void pursuant to this paragraph, Tenant shall forfeit all rights to any deposits, advance rent, and any other payments made under this Lease, and Landlord shall have no further liability to Tenant under this Lease. "Substantial Completion" of Tenant's Work shall mean that Tenant's Work has been completed in accordance with the approved Tenant's Plans and that the Premises are approved for use and occupancy by the appropriate governmental authorities and are in suitable condition for the operation of Tenant's business. 0) All of Tenant's Work shall be completed in a good and workmanlike manner and shall be in conformity with the City's building codes and the South Florida Building Code, Dade Edition, and in accordance with Landlord's construction rules and regulations pertaining to contractors. Upon completion of Tenant's Work, Tenant shall furnish Landlord: (1) a certificate of use and/or occupancy issued by the City and other evidence satisfactory to Landlord that Tenant has obtained the governmental approvals necessary to permit occupancy; and (2} a notarized affidavit from Tenant's contractor(s} that all amounts due for work done and materials furnished in completing Tenant's Work have been paid; and (3) releases of lien from any subcontractor or material supplier that has given Landlord a Notice to Owner pursuant to Florida law; and (4) as-built drawings of the Premises, with a list and description of all work performed by the contractors, subcontractors, and material suppliers. (k) Any damage to the existing finishes of the Retail Space shall be patched and repaired by Tenant, at its expense, and all such work shall be done to Landlord's satisfaction. If any patched and painted area does not match the original surface, then the entire surface shall be repainted at Tenant's expense. Tenant agrees to indemnify and hold harmless Landlord, its agents, and employees from and against any and all costs, expenses, damage, loss, or liability, including, but not limited to, reasonable attorneys' fees and costs, which arise out of, is occasioned by, or is in any way attributable to the build-out of the Premises or any subsequent improvements or alterations by Tenant pursuant to this Lease. Tenant, at its expense, shall be responsible for the maintenance, repair, and replacement of any and all items constructed by Tenant's contractor. (I) Tenant shall not alter the existing fire alarm system in the Premises or the Retail Space. Tenant's Plans shall include detailed drawings and specifications for the design and installation of Tenant's fire 9 Initials: ~~~~~-~- 1196 alarm (and security) system(s) for the Premises. Such system(s} shall meet all appropriate building code requirements, and the fire alarm system shall, at Tenant's expense, be integrated into Landlord's fire alarm system for the Retail Space. (Landlord is not required to provide any security system.) Landlord's electrical contractor and/or fire alarm contractor shall, at Tenant's expense, make all final connections between Tenant's and Landlord's fire alarm systems. Tenant shall insure that all work performed on the fire alarm system shall be coordinated at the job site with the Landlord's representative. (m} the above requirements for submission of plans and the use of specific contractors shall not apply to maintenance or repairs which do not exceed $1,500.00, provided that the work is not structural, and provided that it is permitted by applicable law. 5.2 Maintenance and Repairs by Landlord. It is hereby acknowledged and agreed that Landlord is solely responsible to maintain and repair certain portions of the Retail Space, limited to the base building structure, mechanical and electrical system and exterior roof and walls. Landlord shall use all reasonable efforts to fulfill its maintenance and repair obligations. Tenant will notify Landlord in writing of any necessary repairs that are the obligation of Landlord. Landlord shall not be responsible for any damages caused to Tenant by reason of failure of any equipment or facilities serving the Retail Space or delays in the performance of any work for which the Landlord is responsible to perform pursuant to this Lease. Notwithstanding any other provisions of this Lease, if any part of the Retail Space is damaged or destroyed or requires repair, replacement, or alteration as a result of the act or omission of Tenant, its employees, agents, invitees, licensees, or contractors, Landlord shall have the right to perform same and the cost of such repairs, replacement, or alterations shall be paid by Tenant to Landlord upon demand. In addition, if, in an emergency, it shall become necessary to make promptly any repairs or replacements required to be made by Tenant, Landlord may re-enter the Premises and proceed forthwith to have the repairs or replacements made and pay the costs thereof. Within ten (10} days after written demand, Tenant shall reimburse Landlord for the cost of making the repairs. 5.3 Maintenance and Repairs by Tenant. Tenant shall, at its sole cost, repair and maintain all portions of the Premises, exclusive of limited to the base building structure, mechanical and electrical system and exterior roof and walls, all to a standard consistent with a first class retail center, with the exception of base building mechanical and electrical systems, roof and foundation and exterior walls, which are the obligation of the Landlord pursuant to this Lease. Without limiting the generality of the foregoing, Tenant is specifically required to maintain and make repairs to (i) the portion of any pipes, lines, ducts, wires, or conduits contained within the Premises; (ii} interior and exterior windows, plate glass, doors, and any fixtures or appurtenances composed of glass (including, wlthout limitation, interior and exterior washing of windows and plate glass); (iii} Tenant's sign; (iv) maintain and repair of any heating or air conditioning equipment serving the Premises ("HVAC") (which shall include, without limitation, a preventive maintenance HVAC service contract. Such service contract shall include, without limitation, preventive HVAC maintenance no less than quarterly); and (v} the Premises or the Retail Space when repairs to the same are necessitated by any act or omission of Tenant, or the failure of Tenant to perform its obligations under this Lease. All repair and maintenance performed by Tenant in the Premises shall be performed by contractors or workmen designated or approved by Landlord, which approval shall not be unreasonably withheld or delayed. At the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in as good condition and repair as Tenant is required to maintain the Premises throughout the Term, reasonable wear and tear excepted. Tenant shall also furnish, maintain, and replace all electric light bulbs, tubes, and tube casings located within or serving the Premises and Tenant's signage, all at Tenant's sole cost and expense. Tenant shall be responsible for all trash removal for its business operations, including, without limitation, that Tenant shall keep all wet garbage under refrigeration. 5.4 Approval of Tenant's Alterations. No alterations (including, without limitation, improvements, additions, or modifications to the Premises) shall be made by Tenant to the Premises without Landlord's prior written approval, which, as to exterior or structural alterations may be withheld in Landlord's sole discretion. Any alterations by Tenant shall be performed at the sole cost of Tenant, by contractors and workmen approved by Landlord, which approval shall not be.unreasonably withheld or delayed, in a good and workmanlike manner, and in accordance with all applicable laws and regulations. Notwithstanding the foregoing, interior, nonstructural alterations which do not require a building permit may be made without Landlord's consent, but Tenant shall notify 10 Initials: -------- 1197 landlord in writing prior to making any such alterations. 5.5 Removal of Improvements and Fixtures. All leasehold improvements and fixtures (other than unattached, movable trade fixtures which can be removed without damage to the Premises} shalf at the expiration or earlier termination of this Lease become Landlord's property. Tenant may, during the Term, in the usual course of its business, remove its trade fixtures, provided that Tenant is not in default under this Lease; and Tenant shall, at the expiration or earlier termination of the Term, at its sole cost, remove such of the leasehold improvements (except for improvements installed by Landlord prior to the Commencement Date} and trade fixtures in the Premises as Landlord shall require to be removed and restore the Premises to the condition existing prior to such removal. Tenant shalf at its own expense repair any damage caused to the Retail Space by such removal. If Tenant does not remove its trade fixtures at the expiration or earlier termination of the Term, the trade fixtures shall, at the option of Landlord, become the property of Landlord and may be removed from the Premises and sold or disposed of by Landlord in such manner as it deems advisable without any accounting to tenant. 5.6 liens. Tenant shall promptly pay for all materials supplied and work done in respect of the Premises by, through, or under Tenant so as to ensure that no lien is recorded against any portion of the Retail Space or against landlord's or Tenant's interest therein. If a lien is so recorded, Tenant shall discharge it promptly by payment or bonding. If any such lien against the Retail Space or Landlord's interest therein is recorded and not discharged by Tenant as above required within fifteen {15} days following written notice to Tenant, landlord shall have the right to remove such lien by bonding or payment and the cost thereof shalf be paid immediately from Tenant to Landlord. Landlord and Tenant expressly agree and acknowledge that no interest of Landlord in the Premises or the Retail Space shall be subject to any lien for improvements made by Tenant in or for the Premises, and Landlord shall not be liable for any lien for any improvements made by Tenant, such liability being expressly prohibited by the terms of this Lease. In accordance with applicable laws of the State of Florida, Landlord has filed in the public records of Dade County, Florida, a public notice containing a true and correct copy of this paragraph, and Tenant hereby agrees to inform all contractors and material suppliers performing work in or for or supplying materials to the Premises of the existence of said notice. 5.7 Utilities. Tenant shall pay to Landlord, or as Landlord directs, all gas, electricity, water, and other utility charges applicable to the Premises as separately metered. In addition, Tenant's electrical equipment and fighting shalf be restricted to that equipment and lighting which individually does not have a rated capacity and/or design load greater than the rated capacity and/or design load of the Retail Space. If Tenant's consumption of electrical services exceeds either the rated capacity and/or design load of the Retail Space, then Tenant shall remove the equipment and/or fighting to achieve compliance within ten (10} days after receiving written notice from landlord, or such equipment and/or lighting may remain in the Premises, so long as {a} Tenant shall pay for all costs of installation and maintenance of submeters, wiring, air-conditioning, and other items required by Landlord, in Landlord's reasonable discretion, to accommodate Tenant's excess design loads and capacities; and (b) Tenant shall pay to Landlord, within thirty (30} days after rendition of a bill, the cost of the excess consumption of electrical service at the rates charged to Landlord by Florida Power & Light, which shall be in accordance with any applicable laws. ARTICLE VI. INSURANCE AND INDEMNITY. 6.1 Tenant's Insurance. Tenant shall, throughout the Term (and any other period when Tenant is in possession of the Premises), maintain at its sole cost the following insurance: (A) All risks property insurance, containing a waiver of subrogation rights which Tenant's insurers may have against Landlord and against those for whom Landlord is in Jaw responsible including, without limitation, its directors, officers, agents, and employees, and (except with respect to Tenant's chattels) incorporating a standard Florida mortgagee endorsement (without contribution). Such insurance shall insure property of every kind owned by Tenant in an amount not Jess than the full replacement cost thereof (new), with such cost to be adjusted no Jess than annually. Such policy shalf include as additional insureds Landlord and its 11 Initials: _______ _ 1198 affiliates and any mortgagee of Landlord, the City, and any mortgagee of the Landlord in connection wlth a mortgage on the Facility. (B) Comprehensive general liability insurance. Such policy shall contain inclusive limits per occurrence of not less than the amount specified in the Lease Summary; provide for severability of interests; and include as additional insureds Landlord and its affiliates and any mortgagee of Landlord, the City, and any mortgagee of Landlord in connection with a mortgage on the Facility. (C) legal requirements. Worker's compensation and employer's liability insurance in compliance wlth applicable (D) Business interruption insurance, sufficient to insure Tenant for no less than one (1} full year of loss of business, with the Landlord named thereon as loss payee to the extent permitted by applicable law. (E) Any other form of insurance which Tenant or Landlord, acting reasonably, requires from time to time in form, in amounts, and for risks against which a prudent tenant would insure, but in any event not less than that carried by comparable retail establishments in Dade County, Florida. All policies referred to above shall: (i) be taken out with insurers licensed to do business in Florida and reasonably acceptable to Landlord; {ii) be in a form reasonably satisfactory to Landlord; (iii} be non-contributing with, and shall apply only as primary and not as excess to any other insurance available to Landlord or any mortgagee of Landlord; (iv) contain an undertaking by the insurers to notify Landlord by certified mail not less than thirty (30) days prior to any material change, cancellation, or termination, and (v) with respect to subsection (A), contain replacement cost, demolition cost, and increased cost of construction endorsements. Certificates of insurance on Landlord's standard form or, if required by a mortgagee, copies of such insurance policies certified by an authorized officer of Tenant's Insurer as being complete and current, shall be delivered to Landlord promptly upon request. If Tenant fails to take out or to keep in force any insurance referred to in this section 6.1, or should any such insurance not be approved by either Landlord or any mortgagee, and Tenant does not commence and continue to diligently cure such default within two (2) business days after written notice by Landlord to Tenant specifying the nature of such default, then Landlord has the right, without assuming any obligation in connection therewith, to effect such insurance at the sole cost of Tenant and all outlays by Landlord shall be paid by Tenant to Landlord as additional rent without prejudice to any other rights or remedies of Landlord under this Lease. Tenant shall not keep or use in the Premises any article which may be prohibited by any fire or casualty insurance policy in force from time to time covering the Premises or the Retail Space. 6.2 Loss or Damage. Tenant acknowledges that the Landlord, will be performing any maintenance and repairs required of Landlord hereunder. Landlord shall not be liable for any death or injury arising from or out of any occurrence in, upon, at, or relating to the Retail Space or damage to property of Tenant or of others located on the Premises or elsewhere in the Retail Space, nor shall it be responsible for any loss of or damage to any property of Tenant or others from any cause, unless such death, injury, loss, or damage results from the gross negligence or willful misconduct of Landlord. Without limiting the generality of the foregoing, Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, falling ceiling tile, falling fixtures, steam, gas, electricity, water, rain, flood, or leaks from any part of the Premises or from the pipes, sprinklers, appliances, plumbing works, roof, windows, or subsurface of any floor or ceiling of the Retail Space or from the street or any other place or by dampness, or by any other cause whatsoever, unless resulting from the gross negligence or willful misconduct of Landlord. Tenant agrees to indemnify Landlord and hold it harmless from and against any and all loss (including loss of Minimum Rent and additional rent payable in respect to the Premises), claims, actions, damages, liability, and expense of any kind whatsoever (including attorneys' fees and costs at all tribunal levels), unless caused by the gross negligence or willful misconduct of Landlord, arising from any occurrence in, upon, or at the Premises, or the occupancy, use, or improvement by Tenant or its agents or invitees of the Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant its agents, employees, and invitees or by anyone permitted to be on the Premises by Tenant. 12 Initials: ----~--- 1199 6.3 Waiver of Subrogation. Landlord and Tenant each hereby waives on behalf of itself and its insurers (none of whic'h shall ever be assigned any such claim or be entitled thereto due to subrogation or otherwise} any and all rights of recovery, claim, action, or cause of action, against the other, its agents, officers, or employees, for any loss or damage that may occur to the Premises, or any improvements thereto or the Retail Space, or any improvements thereto, or any personal property of such party therein, by reason of fire, the elements, or any other causes which are, or could or should be insured against under the terms of the standard fire and extended coverage insurance policies referred to in this Lease, regardless of whether such insurance is actually maintained and regardless of the cause or origin of the damage involved, including negligence of the other party hereto, its agents, officers, or employees. Landlord and Tenant shall each obtain from their respective insurers, under all policies of fire, theft, public liability, worker's compensation, and other insurance maintained by either of them at any time during the term hereof insuring or covering the Retail Space or any portion thereof or operations therein, a waiver of all rights of subrogation which the insurer of one party might have against the other party, and Landlord and Tenant shall each indemnify, defend, and hold harmless the other against any loss or expense, including reasonable attorneys' fees (appellate or otherwise} resulting from the failure to obtain such waiver. ARTICLE VII. DAMAGE AND DESTRUCTION. 7.1 Damage to Premises. Tenant acknowledges that if the Premises are partially or totally destroyed due to fire or other casualty, any repairs to or rebuilding of the damaged portions of the Retail Space will be performed by Landlord and in any event only to the extent that Landlord is required to repair or rebuild the Retail. If Landlord repairs or rebuilds, Minimum Rent shall abate proportionately to the portion of the Premises, if any, rendered untenantable from the date of destruction or damage until the repairs have been substantially completed. Upon being notified that the repairs have been substantially completed, Tenant shall diligently perform all other work required to fully restore the Premises for use in Tenant's business, in every case at Tenant's cost and without any contribution to such cost by Landlord, whether or not Landlord has at any time made any contribution to the cost of supply, installation, or construction of leasehold improvements in the Premises. Tenant agrees that during any period of reconstruction or repair of the Premises, it will continue the operation of its business within the Premises to the extent practicable. If all or any part of the Premises shall be damaged by fire or other casualty and the fire or other casualty is caused by the fault or neglect of Tenant or tenant's agents, guest, or invitees, rent and all other charges shall not abate. 7.2 Termination for Damage. Notwithstanding section 7.1, if damage or destruction which has occurred to the Premises or the Retail Space is such that in the reasonable opinion of Landlord such reconstruction or repair cannot be completed within one hundred twenty {120) days of the happening of the damage or destruction, Landlord may, at its option, terminate this Lease on notice to Tenant given within thirty (30} days after such damage or destruction and Tenant shall immediately deliver vacant possession of the Premises in accordance with the terms of this Lease. In addition, if Landlord undertakes the reconstruction or repair, and does not complete same within nine (9} months after the date of the fire or other casualty {subject to the time required to prepare plans for reconstruction, to obtain building permits, to receive distribution of insurance proceeds, and to complete the likely contract bidding process and all other relevant factors, but not to exceed an additional ninety {90} days}, then Tenant shall have the right to terminate this Lease by written notice to Landlord delivered within thirty (30) days after the expiration of such nine (9) month period (or as extended), whereupon both parties shall be relieved of all further obligations hereunder, except as otherwise expressly set forth herein. ARTICLE VIII. ASSIGNMENT. LEASES, AND TRANSFERS. 8.1 Transfer by Tenant. Tenant shall not enter into, consent to, or permit any Transfer, as hereinafter defined, without the prior written consent of Landlord in each instance, which consent may be granted or withheld in Landlord's sole and absolute discretion for any reason or for no reason. For purposes of this Lease, ''Transfer" 13 Initials:-------- 1200 means an assignment of this Lease in whole or in part; a sublease of all or any part of the Premises; any transaction whereby the rights of Tenant under this Lease or to the Premises are transferred to another; any mortgage or encumbrance of this Lease or the Premises or any part thereof or other arrangement under which either this Lease or the Premises become security for any indebtedness or other obligations; and if Tenant is a corporation or a partnership, the transfer of a controlling interest in the stock of the corporation or partnership interests, as applicable. If there is a permitted Transfer, Landlord may collect rent or other payments from the transferee and apply the net amount collected to the rent or other payments required to be paid pursuant to this lease but no acceptance by Landlord of any payments by a transferee shall be deemed a waiver of any provisions hereof regarding Tenant. Notwithstanding any Transfer, Tenant shall not be released from any of its obligations under this lease. Landlord's consent to any Transfer shall be subject to the further condition that if the Minimum Rent and additional rent pursuant to such Transfer exceeds the Minimum Rent and additional rent payable under this Lease, the amount of such excess shall be paid to landlord. If, pursuant to a permitted Transfer, Tenant receives from the transferee, either directly or indirectly, any consideration other than Minimum Rent and additional rent for such Transfer, either in the form of cash, goods, or services, Tenant shall, upon receipt thereof, pay to landlord an amount equivalent to such consideration. In addition, Tenant shall not grant any purchase money security interest in its furniture, fixtures, and equipment in the Premises, without prior written consent of the Landlord. 8.2 Assignment by Sublandlord. Intentionally omitted. ARTICLE IX. DEFAULT. 9.1 Defaults. A default by Tenant shall be deemed to have occurred hereunder, if and whenever: (i) any Minimum Rent is not paid when due whether or not any notice or demand for payment has been made by Landlord; (ii) any other additional rent is in arrears and is not paid within five (5) days after written demand by Landlord; (iii) Tenant has breached any of its obligations in this Lease (other than the payment of rent) and Tenant fails to remedy such breach within thirty (30) days (or such shorter period as may be provided in this Lease), or if such breach cannot reasonably be remedied within thirty (30) days (or such shorter period), then If Tenant fails to immediately commence to remedy and thereafter proceed diligently to remedy such breach, in each case after notice in writing from Landlord; (iv) Tenant becomes bankrupt or insolvent; (v) any of Landlord's policies of insurance with respect to the Retail Space are canceled or adversely changed as a result of Tenant's use or occupancy of the Premises; or (vi) the business operated by Tenant in the Premises shall be closed by governmental or court order for any reason. 9.2 Remedies. In the event of any default hereunder by Tenant, then without prejudice to any other rights which it has pursuant to this Lease or at law or in equity, Landlord shall have the following rights and remedies, which are cumulative and not alternative: (A) Landlord may cancel this Lease by notice to Tenant and retake possession of the Premises for Landlord's account, or may terminate Tenant's right to possession of the Premises without terminating this Lease. In either event, Tenant shall then quit and surrender the Premises to Landlord. If Landlord terminates Tenant's right to possession of the Premises without terminating this Lease, Tenant's liability under all of the provisions of this Lease shall continue notwithstanding any expiration and surrender, or any re-entry, repossession, or disposition hereunder. (B) Landlord may enter the Premises as agent of Tenant to take possession of any property of Tenant on the Premises, to store such property at the expense and risk of Tenant or to sell or otherwise dispose of such property in such manner as Landlord may see fit without notice to Tenant. Re-entry and removal may be effectuated by summary dispossess proceedings, by any suitable action or proceeding, or otherwise. Landlord shall not be liable in any way in connection with its actions pursuant to this section, to the extent that its actions are in accordance with law. 14 Initials: _______ _ 1201 (C) If landlord terminates Tenant's right to possession of the Premises without terminating this lease under subsection (A) above, Tenant shall remain liable (in addition to accrued liabilities) to the extent legally permissible for all rent and all of the charges Tenant would have been required to pay until the date this lease would have expired had such cancellation not occurred. Tenant's liability for rent shall continue notwithstanding re-entry or repossession of the Premises by landlord. In addition to the foregoing, Tenant shall pay to landlord such sums as the court which has jurisdiction thereover may adjudge as reasonable attorneys' fees with respect to any successful lawsuit or action instituted by landlord to enforce the provisions of this lease. (D) landlord may relet all or any part of the Premises for all or any part of the unexpired portion of the Term of this lease or for any longer period, ad may accept any rent then attainable; grant any concessions of rent, and agree to paint or make any special repairs, alterations, and decorations for any new tenant as it may deem advisable in its sole and absolute discretion. Landlord shall be under no obligation to relet or to attempt to relet the Premises, except as expressly set forth below. (E) If Landlord terminates Tenant's right to possession of the Premises without terminating this Lease under subsection (A) above, and landlord so elects, the rent hereunder shall be accelerated and Tenant shall pay Landlord damages in the amount of any and all sums which would have been due for the remainder of the Term (reduced to present value using a discount factor equal to the stated prime lending rate on the date of Tenant's default by Landlord's then existing mortgagee or, if there is no mortgagee, by Citibank, N.A., New York). Prior to or following payment in full by Tenant of such discounted sum promptly upon demand, Landlord shall use good faith efforts to relet the Premises. If Landlord receives consideration as a result of a reletting of the Premises relating to the same time period for which Tenant has paid accelerated rent, such consideration actually received by Landlord, less any and all of landlord 's cost of repairs, alterations, additions, redecorating, and other expenses in connection with such reletting of the Premises, shall be a credit against such discounted sum, and such discounted sum shall be reduced if not yet paid by Tenant as called for herein, or if Tenant has paid such discounted sum, such credited amount shall be repaid to Tenant by Landlord (provided said credit shall not exceed the accelerated amount). (F) Landlord may remedy or attempt to remedy any default of Tenant under this lease for the account of Tenant and to enter upon the Premises for such purposes. No notice of Landlord's intention to perform such covenants need be given Tenant unless expressly required by this Lease. Landlord shall not be liable to Tenant for any loss or damage caused by the reasonable acts of landlord in remedying or attempting to remedy such default and Tenant shall pay to landlord all expenses incurred by landlord in connection with remedying or attempting to remedy such default. Any expenses incurred by landlord shall accrue interest from the date of payment by Landlord until repaid by Tenant at the highest rate permitted by law. 9.3 Costs. Tenant shall pay to landlord on demand all costs incurred by landlord, including attorneys' fees and costs at all tribunal levels, incurred by landlord in enforcing any of the obligations of Tenant under this lease. In addition, upon any default by Tenant, Tenant shall be also liable to landlord for the expenses to which landlord may be put in re-entering the Premises; repossessing the Premises; painting, altering, or dividing the Premises; combining the Premises with an adjacent space for any new tenant; putting the Premises in proper repair; protecting and preserving the Premises by placing watchmen and caretakers therein; reletting the Premises (including attorneys' fees and disbursements, Marshall's fees, and brokerage fees, in so doing); and any other expenses reasonably incurred by Landlord. 9.4 Additional Remedies; Waiver. The rights and remedies of landlord set forth herein shall be in addition to any other right and remedy now and hereinafter provided by law. All rights and remedies shall be cumulative and non-exclusive of each other. No delay or omission by landlord in exercising a right or remedy shall exhaust or impair the same or constitute a waiver of, or acquiescence to a default. 9.5 Default by landlord. In the event of any default by Landlord, Tenant's exclusive remedy shall be an action for damages or injunction, but prior to any such action Tenant will give landlord written notice specifying such default with particularity, and landlord shall have a period of thirty (30) days following the date of such notice in which to cure such default (provided, however, that if such default reasonably requires more than thirty (30) 15 Initials: _______ _ 1202 days to cure, landlord shall have a reasonable time to cure such default, provided Landlord commences to cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion). Notwithstanding any provision of this lease, Landlord shall not at any time have any personal liability under this Lease. In the event of any breach or default by Landlord of any term or provision of this lease, Tenant agrees to look solely to the equity or interest then-owned by Landlord in the Retail Space, and in no event shall any deficiency judgment be sought or obtained against Landlord. It is expressly understood that the obligations of landlord under this Lease are solely corporate obligations, and that, except for conversion, fraud, or willful misconduct, no personal liability will aHach to, or is or shall be incurred by, the incorporators, stockholders, officers, directors, or employees, as such, of the Landlord, or of any successor corporation, or any of them, under or by reason of the obligations, covenants, or agreements of Landlord contained in this Lease or implied therefrom; and, except for conversion, fraud, or willful misconduct, that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer, director, or employee, as such, or under or by reason of the obligations, covenants or agreements contained in this Lease or implied therefrom are expressly waived and released as a condition of, and as a consideration for, the execution of this Lease. ARTICLE X. ESTOPPEL CERTIFICATE; SUBORDINATION. 10.1 Estoppel Certificate. Within ten (1 0) days after written request by Landlord, Tenant shall deliver in a form supplied by Landlord, an estoppel certificate to Landlord as to the status of this Lease, including whether this Lease is unmodified and in full force and effect (or, if there have been modifications, that this Lease is in full force and effect as modified and identifying the modification agreements); the amount of Minimum Rent and additional rent then being paid and the dates to which same have been paid; whether or not there is any existing or alleged default by either party with respect to which a notice of default has been served, or any facts exist which, with the passing of time or giving of notice, would constitute a default and, if there is any such default or facts, specifying the nature and extent thereof; and any other matters pertaining to this Lease as to which Landlord shall request such certificate. Landlord, and any prospective purchaser, lender, or ground lessor shall have the right to rely on such certificate. 10.2 Subordination; Attornment. This Lease and all rights of Tenant shall be subject and subordinate to any and all mortgages, security agreements, or like instruments resulting from any financing, refinancing, or collateral financing (including renewals or extensions thereof), and to any and all ground leases, made or arranged by Landlord of its interests in all or any part of the Retail Space, from time to time in existence against the Retail Space, whether now existing or hereafter created. Such subordination shall not require any further instrument to evidence such subordination. However, on request, Tenant shall further evidence its agreement to subordinate this Lease and its rights under this Lease to any and all documents and to all advances made under such documents. The form of such subordination shall be made as required by Landlord, its lender, ground lessor. Tenant shall, if requested by Landlord, or a mortgagee, owner, or purchaser, or by any person succeeding to the interest of such mortgagee, owner, or purchaser, as the result of the enforcement of the remedies provided by law or the applicable instrument held by Landlord, such mortgagee, owner, or purchaser, automatically attorn to and become the tenant of Landlord or any such mortgagee, owner, purchaser, or successor-in-interest, without any change in the terms or other provisions of this Lease; provided, however, that Landlord, said mortgagee, owner, purchaser, or successor shall not be bound by (a) any payment of rent or additional rent for more than one (1) month in advance, or (b) any security deposit or the like not actually received by Landlord, such mortgagee, owner, or purchaser, or successor, or (c) any amendment or modification in this Lease made without the consent of Landlord, such mortgagee, owner, purchaser, or successor, or (d) any construction obligation, free rent, or other concession or monetary allowance, or (e) any set-off, counterclaim, or the like otherwise available against Landlord, or (f) any act or omission of any prior landlord (including Landlord). Upon request by Landlord, said mortgagee, owner, or purchaser, or successor, Tenant shall execute and deliver an instrument or instruments confirming its attornment. Notwithstanding the foregoing, any such subordination of this lease shall be conditioned on the Landlord obtaining a nondisturbance agreement in favor of Tenant from all mortgagees and ground lessors regarding any 16 Initials: -------- 1203 financings or other leases entered into by Landlord with respect to the Retail Space, and no subordination shall be effective without a corresponding nondisturbance agreement. ARTICLE XI. CONTROL OF RETAIL SPACE BY LANDLORD. 11.1 Use and Maintenance of Common Areas. Tenant and those doing business with Tenant for purposes associated with Tenant's business on the Premises, shall have a non-exclusive license to use the common areas for their intended purposes during normal business hours in common with others entitled thereto and subject to any rules and regulations imposed by Landlord. Landlord shall use reasonable efforts to keep the common areas in good repair and condition and shall clean the common areas when necessary. Tenant acknowledges that any common areas of the Retail Space shall at all times be under the exclusive control and management of Landlord. For purposes of this Lease, "common areas" shall mean those areas, facilities, utilities, improvements, equipment, and installations of the Retail Space which serve or are for the benefit of tenants of more than one component of the Retail Space and which are not designated or intended by Landlord to be leased, from time to time, or which are provided or designated from time to time by Landlord for the benefit or use of all tenants in the Retail Space, their employees, customers, and invitees, in common with others entitled to the use or benefit of same. Tenant acknowledges that the Garage portion of the Facility is not a part of the Retail Space, and that Tenant has no right or license to use the Garage pursuant to this Lease. Any use by Tenant or its invitees of the Garage is subject to the rules and regulations in connection therewith imposed by Landlord (or successor owner) and/or the operator of the Garage. No portion of the garage is under Landlord's control or supervision, and Landlord shall not be liable for any damage to automobiles of any nature whatsoever to, or any theft of, automobiles or other vehicles or the contents thereof, while in or about the Garage. 11.2 Alterations by Landlord. Landlord may (but shall not be obligated to) (i) alter, add to, subtract from, construct improvements on, re-arrange, and construct additional facilities in, adjoining, or proximate to the Retail Space; (ii) relocate the facilities and improvements in or comprising the Retail Space or erected on the Land; (iii) do such things on or in the Retail Space as required to comply wlth any laws, by-laws, regulations, orders, or directives affecting the Land or any part of the Retail Space; and (iv) do such other things on or in the Retail Space as Landlord, in the use of good business judgment determines to be advisable, provided that notwithstanding anything contained in this section 11.2, access to the Premises shall be available at all times .. Landlord shall not be in breach of its covenants for quiet enjoyment or liable for any loss, costs, or damages, whether direct or indirect, incurred by Tenant due to any of the foregoing; provided, Landlord shall exercise its rights under this section in a manner so as to minimize any disruption or interference with the operation of Tenant's business and property. 11.3 Tenant Relocation. Landlord shall have the right, at any time upon sixty {60) days' written notice to Tenant, to relocate Tenant into other space within the Retail Space comparable to the Premises. Upon such relocation, such new space shall be deemed the Premises and the prior space originally demised shall in all respects be released from the effect of this Lease. If Landlord elects to relocate Tenant as above described, (i) the new space shall contain approximately the same as, or greater usable area than the original space, (ii) Landlord shall improve the new space, at Landlord's sole cost, to at least the standards of the original space, (iii} Landlord shall pay the reasonable costs of moving Tenant 's trade fixtures and furnishings from the original space to the new space, (iv) as total compensation for all other costs, expenses, and damages which Tenant may suffer in connection with the relocation, including but not limited to, lost profit or business interruption, no Minimum Rent shall be due or payable for the first two (2) full calendar months of Tenant's occupancy of the new space, and Landlord shall not be liable for any further indirect or special expenses of Tenant resulting from the relocation, (v) Minimum Rent and all other charges hereunder shall be the same for the new space as for the original space, notwithstanding that the new space may be larger than the original space, and (vi) all other terms of this Lease shall apply to the new space as the Premises, except as otherwise provided in this paragraph. 17 Initials: 1204 ARTICLE XII. CONDEMNATION. 12.1 Total or Partial Taking. If the whole of the Premises, or such portion thereof as will make the Premises unusable for the purposes leased hereunder, shall be taken by any public authority under the power of eminent domain or sold to public authority under threat or in lieu of such taking, the Term shall cease as of the day possession or title shall be taken by such public authority, whichever is earlier ('Taking Date"}, whereupon the rent and all other charges shall be paid up to the Taking Date with a proportionate refund by Landlord of any rent and all other charges paid for a period subsequent to the Taking Date. If less than the whole of the Premises, or less than such portion thereof as will make the Premises unusable for the purposes leased hereunder, the Term shall cease only as to the part so taken as of the Taking Date, and Tenant shall pay rent and other charges up to the Taking Date, with appropriate credit by Landlord (toward the next installment of rent due from Tenant} of any rent or charges paid for a period subsequent to the Taking Date. Minimum Rent and other charges payable to Landlord shall be reduced in proportion to the amount of the Premises taken. 12.2 Award. All compensation awarded or paid upon a total or partial taking of the Premises or Retail Space including the value of the leasehold estate created hereby shall belong to and be the property of Landlord without any participation by Tenant; Tenant shall have no claim to any such award based on Tenant's leasehold interest. However, nothing contained herein shall be construed to preclude Tenant, at its cost, from independently prosecuting any claim directly against the condemning authority in such condemnation proceeding for damage to, or cost of removal of, stock, trade fixtures, furniture, and other personal property belonging to Tenant and for Tenant's moving expenses; provided, however, that no such claim shall diminish or otherwise adversely affect Landlord's award or the award of any mortgagee and Tenant may not prosecute any claim for leasehold value. ARTICLE XIII. PROMOTION. 13.1 Promotional Fund; Merchants' Association. Intentionally Omitted. ARTICLE XIV. GENERAL PROVISIONS. 14.1 Delay. Whenever a period of time is herein prescribed for the taking of any action by Landlord or Tenant, as applicable, Landlord or Tenant, as applicable, shall not be liable or responsible for, and there shall be excluded from the computation of such period of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, or governmental laws, regulations, or restrictions in the nature of a prohibition or moratorium, or any bona fide delay beyond the reasonable control of Landlord or Tenant, as applicable. The foregoing shall not apply to any payments of money due under this Lease. 14.2 Holding Over. If Tenant remains in possession of the Premises after the end of the Term without having executed and delivered a new lease or an agreement extending the Term, there shall be no tacit renewal of this Lease or the Term, and Tenant shall be deemed to be occupying the Premises as a Tenant from month to month at a monthly Minimum Rent payable in advance on the first day of each month equal to twice the monthly amount of Minimum Rent payable during the last month of the Term, and otherwise upon the same terms as are set forth in this Lease, so far as they are applicable to a monthly tenancy. 14.3 Waiver: Partial Invalidity. If Landlord excuses or condones any default by Tenant of any obligation under this Lease, this shall not be a waiver of such obligation in respect of any continuing or subsequent default and no such waiver shall be implied. All of the provisions of this Lease are to be construed as covenants even though not expressed as such. If any provision of this Lease is held or rendered illegal or unenforceable it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force and bind the parties as though the illegal or unenforceable provision had never been included in this Lease. 14.4 Recording. Neither Tenant nor anyone claiming under Tenant shall record this Lease or any memorandum hereof in any public records without the prior written consent of Landlord. 18 Initials: _______ _ 1205 14.5 Notices. Any notice, consent, or other instrument required or permitted to be given under this Lease shall be in writing and shall be delivered in person, or sent by certified mail, return receipt requested, or overnight express mail courier, postage prepaid, addressed (i) if to Landlord, at the address set forth in the Lease Summary; and (ii) if to Tenant, at the Premises or, prior to Tenant's occupancy of the Premises, at the address set forth on the Lease Summary. Any such notice or other instruments shall be deemed to have been given and received on the day upon which personal delivery is made or, if mailed, then forty-eight (48) hours following the date of mailing. Either party may give notice to the other of any change of address and after the giving of such notice, the address therein specified is deemed to be the address of such party for the giving of notices. If postal service is interrupted or substantially delayed, all notices or other instruments shall be delivered in person or by overnight express mail courier. 14.6 Successors: Joint and Several Liability. The rights and liabilities created by this Lease extend to and bind the successors and assigns of Landlord and the heirs, executors, administrators, and permitted successors and assigns of Tenant. No rights, however, shall inure to the benefit of any transferee unless such Transfer complies with the provisions of Article VIII. If there is at any time more than one Tenant or more than one person constituting Tenant, their covenants shall be considered to be joint and several and shall apply to each and every one of them. 14.7 Captions and Section Numbers. The captions, section numbers, article numbers, and table of contents appearing in this Lease are inserted only as a matter of convenience and in no way affect the substance of this Lease. 14.8 Extended Meanings. The words "hereof," "hereto," "hereunder," and similar expressions used in this Lease relate to the whole of this Lease and not only to the provisions in which such expressions appear. This Lease shall be read with all changes in number and gender as may be appropriate or required by the context. Any reference to Tenant includes, when the context allows, the employees, agents, invitees, and licensees of Tenant and all others over whom Tenant might reasonably be expected to exercise control. This Lease has been fully reviewed and negotiated by each party and their counsel and shall not be more strictly construed against either party. 14.9 Entire Agreement: Governing Law; Time. This Lease and the Exhibits and Riders, if any, attached hereto are incorporated herein and set forth the entire agreement between Landlord and Tenant concerning the Premises and there are no other agreements or understandings between them. This lease and its Exhibits and Riders may not be modified except by agreement in writing executed by Landlord and Tenant. This Lease shall be construed in accordance with and governed by the laws of the State of Florida. Time is of the essence of this Lease. 14.10 No Partnership. The parties hereby acknowledge that it is not their intention under this Lease to create between themselves a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership, or agency relationship. Accordingly, notwithstanding any expressions or provisions contained herein, nothing in this Lease, whether based on the calculation of rental or otherwise, shall be construed or deemed to create, or to express an intent to create, a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership or agency relationship of any kind or nature whatsoever between the parties hereto. The provisions of this section shall survive expiration of the Term. 14.11 Quiet Enjoyment. If Tenant pays rent and other charges and fully observes and performs all of its obligations under this Lease, Tenant shall be entitled to peaceful and quiet enjoyment of the Premises for the Term without interruption or interference by Landlord or any person claiming through Landlord. 14.12 Brokerage. Landlord and Tenant each represent and warrant one to the other that except as set forth in the Lease Summary, neither of them has employed any broker in connection with the negotiations of the terms of this Lease or the execution thereof. Landlord and Tenant hereby agree to indemnify and to hold each other harmless against any loss, expense, or liability with respect to any claims for commissions or brokerage fees 19 Initials: 1206 arising from or out of any breach of the foregoing representation and warranty. Landlord recognizes the broker(s) specified in the Lease Summary as the sole broker(s) with whom Landlord has dealt in this transaction and agrees to pay any commissions determined to be due said broker(s}. 14.13 Radon Notice. Chapter 88-285, Laws of Florida, requires the following notice to be provided with respect to the contract for sale and purchase of any building, or a rental agreement for any building: "RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit." 14.14 Master Lease. Intentionally Omitted. 14.15 Execution. This Lease has been submitted for discussion purposes only and shall not be deemed an offer by either party to the other to enter into this Lease unless and until this Lease shall have been executed by both parties, indicating their acceptance of the terms and conditions contained herein. 14.16 TRIAL BY JURY. LANDLORD AND TENANT EACH HEREBY WAIVES ITS RIGHT TO A JURY TRIAL OF ANY ISSUE OR CONTROVERSY ARISING UNDER THIS LEASE. EXECUTED as of the day and year first above written. WITNESSES: Print Name: ______ _ Print Name: _______ _ Print Name: ______ _ Print Name: -------- LANDLORD: MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate and politic Chairperson _ __ day of _____ ,, 2013. Secretary _ __ day of _____ , 2013. 20 Initials: 1207 TENANT: US Vintage, Inc., a Florida corporation By:, __________________ _ Print Name: _______ _ Name:. ______________________________________ __ Print Name:. ________ _ Title:, _____________________________ _ EXHIBITS: Exhibit "A": Legal Description Exhibit ''B": Site Plan of Retail Space and Location of Premises Exhibit "C": Rules and Regulations Exhibit ''D": Prohibited Uses Exhibit "E": Landlord 's Signage Criteria Exhibit •F": Unconditional Guaranty F:\$AII\ASSET\Anchor Ret\Biker's Image US Vintage\New Lease 10-1-2013final 21 1208 Initials:-------- EXHIBIT"A" legal Description lots 8, 9, 10, 11, 12 and 13, Block 57, Fisher's First Subdivision of Alton Beach, according to the Plat thereof, as recorded in Plat Book 2, Page 77 of the Public Records of Dade County, Florida, together with all of 16th Street (Avenue "C"), less and except the following described parcel: BEGINNING at the Southwest corner of Block 54 of said Fisher's First Subdivision of Alton Beach Plat; thence North 88° 0' 53" East along the South line of said Block 54, a distance of 443.08 feet, to the Southeast corner of said Block 54; thence South 07° 35' 04" West, a distance of 96.26 feet, to a point of cusp with a tangent curve concave to the Southwest; thence along the arc of said curve to the left, having a radius of 25.00 feet and a central angel of goo 00' 00", an arc distance of 39.27 feet, to a point of tangency; thence North 82° 24' 52" West, a distance of 24.75 feet; thence South sa· 00' 53" West along a line 8.00 feet North of and parallel with, as measured at right angles to the North line of Block 57 of said plat, a distance of 382.18 feet to a point on the Easterly Right-of-Way line of Washington Avenue; thence North 01" 59' 11" West along said Easterly Right-of-Way line, a distance of 62.00 feet to the Southwest corner of said Block 54 and the Point of beginning. Said lands lying and being in the City of Miami Beach and containing 65,910 square feet (1.5131 Acres) more or less. Initials: _______ _ 1209 Exhibit 11 B 11 I ----~r--·-·---------·---------~-- n I ~........ .......-- -.j< .......... ja~p.-.... _ .QW:fDPIDIID~fQ!iama& . a a-.....n~:...~~~~:~ . .a-.11Ck11EPw :~-~lU~cir-~---. ., ::;:.:a,:;:-.":;~iQcia-:; . .• il=:ii.,~•IQ.n.ar•~..-~aa•:IQ.rr ... ·--~-~~ .... ~~ ...... ·· ii 1210 :,...,., ... ,a~ ..... ..::==: .,..,., ... r.n. .. A . .. ~-".._ -' m "" ~ ~-~ "' ... ..... --...... " ... . .... " ..... _, ... "' ·-_, .. .. ~..:::-::: -,., .... .... l J ---------------------------------------------------------------------------- EXHIBIT .. B-1" ANCHOR SHOPS AND GARAGE Description of Landlord's Work April9, 1998 Landlord will minimally provide the following improvements, consistent with the Project Plans and Specifications (a copy of which has been provided to Tenant): 1. Storefront and Doors • As shown on Project Plans and Specifications. • Interior of storefront and doors to be finished with standard color {not to be modified by Tenant). • Entry doors to be provided with hardware (not to modified by Tenant). • Rear service door to be provided. (Storefront sills are excluded.) 2. Ceiling • Exposed to structure except bathroom. • Ceiling included in bathroom (2'x 2' acoustic tile suspended). 3. Demising Walls (between tenant spaces) • Metal studs at 3 £". • Drywall with taped seams (UL Assembly U-485). 4. Exterior Walls • Exposed, unfinished masonry or concrete. 5. Floor Slab • Concrete slab included as per Project Plans and Specifications. 6. Plumbing • Includes one ADA compliant bathroom with: ... ... ... .. 7. Electrical a. Standard lavatory and water closet. b. VCT flooring. c. 36" 1 W' dia. grab bar and 42" 1 W' dia. grab bar. d. Walls to be painted drywall. e. Accessories (mirror, paper dispenser, soap dispenser). Cold water domestic service (%" line) . Grease waste connection (except spaces along 161 h Street) . Condensate drainage {1 v.i" line) . Natural gas service (except spaces along 161h Street} . • For typical space, includes electric service as follows: Initials: -------- iii 1211 ------------------------------------------------------------------------------------------------- Food service tenant: a. Four 3/0 CU in 2"C. b. One 200 amp fusible disconnect switch with fuses 600 volt. c. Four "Polaris" gutter taps (UL listed). d. One sq. "D" NEHB 277/489 volt., 42 pole panel 225A. e. One sq. "D" NQOD 120/208 volt. MCB 225A panel. f. One 75 KVA transformer 480 to 120/208 volt. g. Greenfield-1 -W' + 2" with feeders to transformer. h. Grounding conductor (transformer to CWP). i. Nipples, lockouts, and fasteners at meter room. Dry goods tenant: a. Four #3/0 CU in 2"C. b. One 100 amp fusible disconnect switch with fuses 600 volt. c. Same as above. d. Use 100 amp panel M.L.O. e. Use 100 amp panel M.C.B. f. Use 30 KVA transformer. g. Use all 1-%". h. Same as "h" above. i. Same as "i" above. • Lighting is excluded. • Exit signs are included. 8. Mechanical • Bathroom exhaust as per Project Plans and Specifications. • Air conditioning system (either split DX or package system with determination dependent upon tenant space and as per Project Plans and Specifications) based upon one ton cooling per 300 sq. ft., based upon the following criteria {with Trane or equivalent assumed): a. Split DX Unit Equipment 1. Air handling units shall be fully insulated draw through type, with direct drive blower and filter rack. 2. Air handlers shall match characteristics and capacities specified on schedules and shall be provided with 1" throwaway filters. 3. Air cooled condensing units shall be of weatherproof construction, with galvanized steel cabinets, hermetic compressor, internal high temperature motor overload protection, and high efficiency design. Units shall be supplied with sufficient refrigerant charge for a complete functional system. 4. The system shall be provided with the following: -Liquid line filter-dryer sight glass and solenoid valve. -Short cycle protection circuit for compressor. -Disconnect switch. -Proper vibration isolation as per plans or manufacturer's recommendations. -Proper size refrigerant piping as per manufacturer's recommendations to provide listed total and sensible MBH. -Condensate drains with trap as per plans. -W' thick armaflex fire retardant piping insulation on A/C condensate lines and %'' thick on refrigerant suction lines (paint white when exposed to sun light). -Service valves on suction and liquid lines. Initials: _______ _ IV 1212 b. Rooftop Package Equipment 1. Combination heating and cooling rooftop units shall be completely factory assembled as a unitary package consisting of electric cooling section, electrical heating section, air handling-filtering section and complete controls section. Cabinet shall be of galvanized weatherproof construction with floor providing backup protection to prevent water leakage. Service access panels shall be furnished as standard to allow service and inspection of internal components. 2. Cooling section shall be equipped with refrigerant circuits with multistage compressors and crankcase heaters. The refrigeration system shall be factory charged, providing stage cooling capacity. Minimum compressor protection shall include high pressure control, low pressure control and anticycle control. 3. The electrical heating section shall be of heavy duty nickel-chromium elements with automatic reset high limit control and unitary control processor staging. Electric heating modules shall be UL listed. 4. Each unit shall have permanently lubricated motors with multiple blade fans. Motors shall be equipped with overload protection and shall be mounted on removable panels for easy access. Condenser air shall discharge vertically. 5. Provide 2" thick throwaway type air filters. 6. Include automatic fan shutdown control installed in RiA section of units. • Excluded is any distribution (i.e., ductwork) 9. Fire Sprinklers • Lines and heads as required by code, with layout as per Project Plans and Specifications. (Changes, if any, are Tenant's obligation.) 10. Exterior Awnings • Per Project Plans and Specifications. (Not to be modified by Tenant.) 11. Exterior Signs • As per Signage Guidelines established by Landlord. • Electrical junction box provided within storefront, to provide power with conduit from exterior box to interior of Tenant space. Landlord reserves the right to modify its Project Plans and Specifications in response to building code requirements and/or construction conditions. Tenant is to assume full responsibility for any/or utility impact fees, connection fees/charges and/or deposits as may be required in connection with Tenant's Work. Initials: v 1213 EXHIBIT"C" RULES AND REGULATIONS 1. Securitv. Landlord may from time to time adopt appropriate systems and procedures for the security or safety of the Retail Space, any persons occupying, using, or entering the same, or any equipment, furnishings, or contents thereof, and Tenant shall comply with Landlord's reasonable requirements relative thereto. 2. Return of Kevs. At the end of the Term, Tenant shall promptly return to Landlord all keys for the Retail Space and Premises which are in the possession of Tenant. In the event any Tenant fails to return keys, Landlord may retain $100.00 of Tenant's security deposit for locksmith work and administration. 3. Repair. Maintenance, Alterations. and Improvements. Tenant shall carry out Tenant's repair, maintenance, alterations, and improvements in the Premises only during times agreed to in advance by Landlord and in a manner which will not interfere with the rights of other Tenant's in the Retail Space. 4. Water Fixtures. Tenant shall not use water fixtures for any purpose for which they are not intended, nor shall water be wasted by tampering with such fixtures. Any cost or damage resulting from such misuse by Tenant shall be paid for by Tenant. 5. Personal Use of Premises. The Premises shall not be used or permitted to be used for residential, lodging, or sleeping purposes or for the storage of personal effects or property not required for business purposes. 6. Heavy Articles. Tenant shall not place in or move about the Premises without Landlord's prior written consent any safe or other heavy article which in Landlord's reasonable opinion may damage the Premises, and Landlord may designate the location of any such heavy articles in the Premises. 7. Bicycles, Animals. Tenant shall not bring any animals or birds into the Retail Space, and shall not permit bicycles or other vehicles inside or on the sidewalks outside the Retail Space except in areas designated from time to time by Landlord for such purposes. 8. Deliveries. Tenant shall ensure that deliveries of supplies, fixtures, equipment, furnishings, wares, and merchandise to the Premises are made through such entrances, elevators, and corridors and at such times as may from time to time be designated by Landlord, and shall promptly pay or cause to be paid to Landlord the cost of repairing any damage in the Retail Space caused by any person making improper deliveries. 9. Solicitations. Landlord reserves the right to restrict or prohibit canvassing, soliciting, or peddling in the Retail Space. 10. Food and Beverages. Only persons approved from time to time by Landlord may prepare, solicit orders for, sell, serve, or distribute foods or beverages in the Retail Space, or use the common areas for any such purpose. Except with Landlord's prior written consent and in accordance with arrangements approved by Landlord, Tenant shall not permit on the Premises the use of equipment for dispensing food or beverages or for the preparation, solicitation of orders for, sale, serving, or distribution of food or beverages. 11. Refuse. Tenant shall place all refuse in proper receptacles provided by Tenant at its expense in the Premises or in receptacles (if any) provided by Landlord for the Retail Space, and shall keep sidewalks and driveways outside the Retail Space, and lobbies, corridors, stairwells, ducts, and shafts of the Retail Space, free of all refuse. Vl 1214 12. Obstructions. Tenant shall not obstruct or place anything in or on the sidewalks or driveways outside the Retail Space or in the lobbies, corridors, stairwells, or other common areas, or use such locations for any purpose except access to and exit from the Premises without Landlord's prior written consent. Landlord may remove at Tenant's expense any such obstruction or thing caused or placed by Tenant (and unauthorized by Landlord) without notice or obligation to Tenant. 13. Proper Conduct. Tenant shall not conduct itself in any manner which is inconsistent with the character of the Retail Space as a first quality retail center or which will impair the comfort and convenience of other Tenant's in the Retail Space. 14. Employees, Agents, and Invitees. In these Rules and Regulations, ''Tenant" includes the employees, agents, invitees, and licensees of Tenant and others permitted by Tenant to use or occupy the Premises. 15. Pest Control. In order to maintain satisfactory and uniform pest control throughout the Retail Space, Tenant shall engage for its own Premises and at its sole cost, a qualified pest extermination contractor either designated or approved by Landlord, who shall perform pest control and extermination services in the Premises at such intervals as reasonably required or as may be directed by Landlord. vii 1215 EXHIBIT "D" Prohibited Uses 1. In no event may the primary business at the Premises be the sale of swimwear, beach attire or related swimwear accessories. 2. In no event may the primary business at the Premises be the sale of athletic clothing, footwear and related accessories sold under the brand names Addidas, Nike, Reebok, Puma, New Balance, Creative Recreation, Visvim, Dior, Arrive Private Label, PRPS, Red Monkey, Evisu, Nudie, Stiches, True Religion, Edun Y3, Duffer of St, George, Triko, Ryan Kenny, Royal Fith, Great China Wall, Red Ear, Paul Smith, Comme des Garcons, Juyna Wantanabe, Martin Margiela, Balenciaga, Stone Island, CP Company, Misericordia, Hamek, Permanent Vacation, Prix Des Nations, Goyard, Mandarina Duck, Samsonite, burton, IWC, Bell & Ross, Motorola, Nokia 3. In no event may the primary business at the Premises be the sale of custom-made or designer jewelry and accessories. 4. In no event may the primary business at the Premises be the sale of tour and travel services. 5. In no event may the primary business at the Premises engage in the sale of food, alcoholic and non-alcoholic beverage items. viii Initials: 1216 EXHIBIT"E" Landlord's Signage Criteria ix Initials: -------- 1217 --------------------------------------------------- .• . . . . ( ( TU{ AN<UO~ S~OPS 0 AT SOUTH BI:ACH: 0 . T'HANT SI~H ·sTAHDA~DS ·· AprillO, 19~7 . ---,'-...... ,._ ·····-···· --~_:._ ... _._ ... , ,-·--~ . :·'""~ ..... ~--',·', -'_"~'-'" ·-:······-···"'""'' .• .. _ .. -···· -· ·-·, -~ ..... . . ' . . - 1218 ( ( TU( AHCUO~ SUOPS ~AT SO UrN IIACII ==o;: TUUnT Slfff STAHDARDS: ~ lllnant drD smndud't hA"'" 1Me11 all!l~llocl lor lllo purpase of achlaYilll =~IIIUtlmi! of qlll.li~ lAd &JIS!Cimlct~ far t"'* proJKI whila lllay,iq ach lealllt......-liviW whh1a !be lilllltl of lbdr JOUtlbohS. .SlpJ a1u11 M Jooaad oDly en the •P-S 1111111 oa 1M tllff~ca aqed&!b' proYidor:t fbr -QD diD lllllldllll clavadw. No alhcr al,nap il ponailf.t<l oa die audcr ot lha p!'IIIWol. Tha ~~~~~ aU C'IIDtlnletian of~ .. 111111 dp. laiiSt .. 111bm!tzecl ro lhe Ow:aa !:t writtiD wvvll Jrict Ill tilhricadol! and l»a.l.l.ulca. Slpl ahlll «~nt'oi:ID 1111l1 requfnanenu oflblluJidi.DJ,Iilecaic;l ud ~read. ·at tbtl CLt,y of Mllmlll~ , Owr.or tpFaval abaU b. bald 011 c:onformi.IY tolbtlli&n criteria bl101', Uld ~ uf !lui projlO•IJd alp wl!l:llllt lfe&IJQ of the prvjcc:t. SU UIISSIOHS: Ttllanc •Uil~t~bmlc '' faUo.riaa 10 ob&ai• lud!ard 1pproval: PrO'iiclo thrca (3) caplea or 1M d.fallcd ll,p lhwiQ Jbowlnr propod fa.br!Uaa a!l4 m~ "' lDIIIIIatlaA, pmpollrd iDIIftlllluiOII, ..cllfDPOSIJd CD)DnaM I!J!IMI, Sbow ICI!Dd llmtbllt dra~~o~!nr tal-=ctinJ dll prgpoud alp clllll:lllllll all dlmeniiou Ill mleiQ\Wil 101!1 at lfl". 1'· cr .SIIc:lw aeclfolllbwl:l&h 1111110 Wmtr~tt: cons~an mathQC!f. tn•m!aad.oa, a t.tr.IC&meor. All dra.wfnp mubd "Dita,pi'O'Fid" ar "Apprava4" 11 NoiMI: lb&llbe ltlllbllltimlt wllll!hl NIJIII.IId cacr-.:dou. TtMll.l alld ill alp CCIIttactat wDJ Mt 'Ita pamftlaclto ca~M~e~~oeiiiiii.IIUion ,t 1M I.UIItltit tiiJI uakta a limped , Ht at !lnJ.! sl.m dllll'lnP ~ ~a ~pFQVIllft Oil file Ia 1M ()qer'a nl'ftca, &lld till Owner IX bll IJOII[ 11M bMn ~lifted <41 hOIUI Jrior 10 lllp~Da:blladoll.. Tl!aii:IIWII sblll ii'J tor all t!pll, !heir IIIIIII'IMfan,lncludlftJ r811'11red l1emGll COAMC:dcu. il1111, lllcllll oti!K labor, 111.11«1111. and. fuWnl lft.liJ1111Nng&. · COHSUUCTfOit SUHDAUS: no lip luell. ar ..,. lndc6u. JlOIII or 1111= IUW!Neiure N'CI Jubjllll'l to lnlpco;dllll b)' tba o-·II'II[II'I!IWI'IllllVI upon ct~ITiplatia!l. Ca11ditian1 lllblcfl aN fbt.vld to bo lllbltU!dll:d, 111116, or m IIOIICCCIIPII•IICI will ftliiWrfl imm•lil• am ccl'ft~Non, Ill' tba afll\a and comapDIIdJI\IIIIniCQU'I.I may bo NUIOYed u lha ~t~U~nt'l tllf=l<ll. 1219 / I I I ( HH AH<UO~ S~OPS ==c= 4T SOVTH UACU = HHAHT 51411 STAHU»DS:. CoWAs Awnua Fronta1e One 1.SA llOv IC electrical circuit has bccA ~vldcd ~ NCbblyafiio~ft'onr.~;~~n!lnd ia lb&~ ,precut .Pill••--: Tonu' si&M may IIOIOJ.~;:~ed an an:a of 4'..(1' x ID'o(J":e~ntered ia NCh INblralba)' JPIIUnl~od. An acr:ay Qr&~nc~ cubl,llll' aluminum mountlnal'li\s i.l pro~ u uch stnrdaral.b.y tarno11m!.Daatr.uwn nUM ti1111. Tonil'lll -'Dll d~o~U be indMdualloacrl, aymbolt. or ~w •-u. Mild! ma~~ll( dii'IIIXb' 10 dla mauiUin1.rdls prvYidad. llldl vfdu•flec~Cra, 1ymboJs, ot dC1lOnuive IQgll ciC!IIIIIIS 111.1,)' b.: illumlni.IM wllh MOll. 811t:k Ut n~, boX rl1ns .re not"pennllled. I 10'•0" ~--····· . I Q; I II _l JL I l .JL I It I I II _l I l Jl u I Jl u I . .Jl-L ll I I ~ : !tt&! :. ........... _ ....... !-r· ~-~ u1a---~ . a ' ~-~,.-r "'· L.A.UI:t&f;. .. \t · . I I • I I fT l I .• :---~~ ,..... = DO D D I I ~ . I -...... !..: I ... _ .... - 1220 ( TH AHC~O~ SUOPS =::=::::::AT SOUTiol teACH =tc= TtrU.HT 516K SUHDAUS: Colllna An. /td'tb SII'M' Co:nv An:ade . -· ...... . ll.e.cwtll\ll&r 1h11niru.nn 11111 mou111lo1 aila v. provided io ad! b&y bt ·a. :an:&da aa .. 11111110 provlda auppon: and eJ.tcad dcctrlw power fr:r cenant tflftll'· : Tcnanr liln.l shall ba indlvl4ualleuer, symbol, ar decatadve c.IC~M~~tr.lllulfliDtlcd If Udrecf. secured ID !he abnfti11um moun.linl ralll ud ccDrvec.d rq electrical power ll'lpjlll«< dlrau&h !baa. ~nt•IPI th~l 1101 exceed an area of 4'-rr z 10'-0'",eenltn:d .in lba&q QPfnlnJ. u rbawn lath& diaJram. One I'AIItlv &o eloKDial ~l~i' has aha been ~vlcs.din ~bay ofi.WIIlroat m IHrlnllnale lcnlllt llpli .. 1221 ( ~ f\) f\) f\) rut ANC~O~ SUOPS =a:: AT SOIITif ''"C:If =:.;::: . HHAHT SIGH HAHDARDS: 16th Street and WashingtOn A' Pnmragu lballl siena,cc 11 ra ba I~ in lbc 6' ·0" wide I.I1IISDI'JI JWUII ~·i!;.-door. ro _., .,._. : On.• l~A I lOv IC 1:1~~ clrwillw been: 1111)\lided II lila dl!.!ipmd siiD lac:.ti011 ..... !he Nlnllee cl011rt fer illum.inlll:d !e=nant sisnaee.Thc: IIJa ortht,d&a *:D aotl!lUZBilO sq. tt. (~• J...n A ~n~forr-irtf fMPJ. Th~ mbular alwni1111m mo11111iac ralls ae'pi.Mded Dll dlo tclnscmll'ramiJia.la fJoat oflhe p;..l.ine.. The 1enui ~;l&n ah.lll~~~G~rn.l ID r.1u1 tal Ia and shall be CGIIIpOIICd Dfindlvidllll.l--, .,....,._or dcc:anliYe elcm.e.ni:.C, Th" lndhi.lfllallonus m: .:ncou~ lObo aeo11 illurMw.d, No box SIJnJ.f3 111Iowe4 so as ID 111111111i11 :rriuimum ~ ofiiiC~ lfM; _l r : Til' .I . I . . . AH<UOR SRO~S . r lt.ND.= == ~A~KIH~ 1 . . .. J-1 q I .. l ., 1 . I .. : 1--l I 1 I 1 ,. I ! l!J I J .. ~ . ~ .... . . . ' ·-' ' . ~· ct~I£F D D . · DO J • jj* i·ttt-H · ~ 1 ~.!ii: :t± i:I:H_±:b: • .... ; .. ·1--!4· t-!.·I+H-. -!-lo . 1223 ~~ ~~ ::c:: "'""'. ;;:::~;; ,_C)~ ;:r ... ......,~ ~~ 1224 i . 1225 Exhibit "F" UNCONDITIONAL GUARANTY THIS UNCONDITIONAL GUARANTY (the "Guaranty") is made as of this __ day of , 2013, by Shlomo D'Jamal, individually, and Joshua Glickman, individually (the "Guarantors"), in favor of MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate and politic (the "Landlord"), and is executed pursuant to that certain Anchor Shops at South Beach Retail Lease, dated , 2013 (the "lease Agreement"), between landlord and US Vintage, Inc., a Florida corporation (the "Tenant"). The Lease Agreement is with respect to those certain Premises, as defined in the Lease Agreement, located. in Anchor Shops at South Beach, having a physical address of 1560 Collins Avenue, Suite 3-4, Miami Beach, Fl33139 (the "Retail Space"). All terms used in the Lease Agreement and defined therein shall have the same meaning when used herein. FOR VALUE RECEIVED, the receipt whereof is hereby acknowledged, in consideration of, and as an inducement to landlord's entering into the Lease Agreement with Tenant, the undersigned Guarantors, in consideration of the benefits to flow to the Tenant and to the undersigned as stockholder, officer, and/or director of said Tenant, do hereby irrevocably and unconditionally guarantee to Landlord the full and faithful performance of all of the obligations, duties and liabilities of the Tenant under that certain Lease Agreement for the Retail Space, for the duration of the Lease Agreement, including any Renewal Options ("Guaranty Term"). This Guaranty is a guarantee of payment and not of collectibility, is not in any way conditional or contingent and constitutes a valid obligation of Guarantors, and shall not be terminated, affected or impaired by reason of the assertion by landlord against Tenant of any of the rights and remedies reserved to Landlord pursuant to the provisions of the Lease Agreement. The validity of this Guaranty shall not be terminated, affected or impaired by reason of any action which landlord may take or fail to take against Tenant or by reason of any waiver of or failure to enforce any of the rights or remedies reserved to landlord in the lease Agreement or for any other cause or circumstance whatsoever, including but not limited to any subletting of the Retail Space, assignment of the Lease Agreement or waiver of any breach by the Tenant. This liability of Guarantors hereunder shall be primary and independent of the obligations of Tenant, and Landlord may proceed against Guarantors without commencing any action against Tenant. landlord shall not be required to make any demand upon or pursue and exhaust any of its rights or remedies against Tenant, before, simultaneously with, or after enforcing its rights or remedies against Guarantors under this Guaranty; and Guarantors agree that landlord may enforce any or all of its remedies hereunder at such time or times or in such manner as it shall deem appropriate. This Guaranty shall remain and continue in full force and effect during the Guaranty Term, notwithstanding any modification, amendment, renewal or extension of the Lease Agreement or any provision thereof and notwithstanding any assignment of interest therein. The Guarantors consent to all of the terms and provisions of the Lease Agreement, as the same may be from time to time hereafter amended, and expressly waive (i) any and all notices of proof of non-payment, non-performance or non-observance by Tenant of any 1226 Anchor Shops at South Beach US Vintage Unconditional Guaranty Page2 of3 covenant or provision of the Lease Agreement, (ii) any and all demands, notices, rights or remedies of any kind which may be required to be given or which may inure to the benefit or a Guarantors under applicable law, and (iii) any and all notices of default or events of default hereunder or under the Lease Agreement. Landlord and Guarantors agree that in any action or proceeding brought by either Landlord or Guarantors against the other on any matters whatsoever arising out of, under, or by virtue of this Guaranty {"Legal Proceeding"), Landlord and Guarantors shall and do hereby waive trial by jury. In addition, the venue, in connection with any such Legal Proceeding, shall be in Miami-Dade County, Florida. Should it become necessary to enforce the terms and conditions of this Guaranty, the prevailing party shall be entitled to collect court costs and attorney's fees in connection with said prosecution, including any appeals resulting from said Legal Proceeding. Following the expiration of the Guaranty Term, upon written request by Tenant, the original of this Guaranty shall be marked as "cancelled" and returned to Guarantors. This Guaranty shall inure to the benefit of Landlord, its heirs, executors, successors and assigns and shall bind the heirs, executors, successors and assigns of Guarantors. EXECUTED as of the day and year first above written, to be effective as of the date of the Lease Agreement. STATE OF FLORIDA ) )ss: MIAMI-DADE COUNTY GUARANTORS: By: Shlomo D'Jamal 1560 Collins Avenue, Suite 3-4 Miami Beach, FL 33139 The foregoing instrument was acknowledged before me this __ day of _____ _. 2013. by They are personally known to me or produced a valid driver's licenses as identification. Notary Public, State of Florida Print Name: _______ _ My commission expires: 1227 Anchor Shops at South Beach US Vintage Unconditional Guaranty Page3 of3 STATE OF FLORIDA ) )ss: MIAMI-DADE COUNTY ) --------------------------- By: Joshua Glickman 1560 Collins Avenue, Suite 3-4 Miami Beach, FL 33139 The foregoing instrument was acknowledged before me this __ day of , 2013. by They are personally known to me or produced a valid ______ driver's licenses as identification. Notary Public, State of Florida Print Name: My commission expires: 1228 RESOLUTION TO BE SUBMITTED 1229 THIS PAGE INTENTIONALLY LEFT BLANK 1230