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MIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive October 16, 2013 Mayor Matti Herrera Bower Vice-Mayor Edward l. Tobin Commissioner Jorge R. Exposito Commissioner Michael Gongora Commissioner Jerry Libbin Commissioner Deede Welthorn 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-9:00a.m. Inspirational Message, Pledge of Allegiance Requests for Additions, Withdrawals, and Deferrals The City Commission will recess for lunch at approximately 1 :00 p.m. Presentations and Awards Regular Agenda PA Presentations and Awards R2 Competitive Bid Reports R5 Ordinances Consent Agenda R? Resolutions C2 Competitive Bid Reports R9 New Business & Commission Requests C4 Commission Committee Assignments R 1 0 City Attorney Reports C6 Commission Committee Reports C? Resolutions Reports and Informational Items We are committed to providing excellent public seNice and safety to all who live, work, and play in our vibrant, tropical, historic community. 1 Commission Agenda, October 16, 2013 Presentations and Awards PA1 Proclamation To Be Presented To Lourdes Lopez For Her Contributions As Artistic Director Of Miami City Ballet. (Requested By Mayor Matti Herrera Bower) PA2 Certificates Of Recognition To Be Presented To The Volunteers Of The Cat Network For Their Many Hours And Dedication. (Requested By Mayor Matti Herrera Bower) PA3 Certificates Of Recognition To The PAL Police Explorers For Their Win Of The Multi~Agency Law Enforcement Competition. (Requested By Mayor Matti Herrera Bower) PA4 Proclamation To Be Presented To Temple Beth Shmuel Montessori School Celebrating Their 1Oth Year Anniversary. (Requested by Mayor Matti Herrera Bower) PAS Proclamation To Be Presented To Dance Now! For Their Many Performances Throughout The City Of Miami Beach For The Past 13 Years As Well As Collaborating With Miami Beach Based Visual Artists, Poets, Architects, Fashion Designers And Composers In The Creation Of High Quality Art. (Requested by Mayor Matti Herrera Bower) PA6 Certificates Of Recognition To Be Presented To Boriquen Health Clinic, Little Havana Activity Center, And Miami Beach Health Center For Their Participation As The Top Three Employers In The UNlOAD Senior Employment Program. (Requested by Mayor Matti Herrera Bower) PA7 Proclamation To Be Presented In Support Of The United Nations Campaign, "UNiTE To End Violence Against Women, And Declare October 25, 2013 "Orange Day" In The City Of Miami Beach To Focus On Safe Public Spaces For Women And Girls. (Requested by Mayor Matti Herrera Bower) PAS Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For August 2013. (Requested by Commissioner Jorge R. Exposito} PA9 Certificate Of Appreciation To Be Presented To Officer Ernesto Rodriguez For Going Above And Beyond To Help The Elderly Residents Of Miami Beach On September 3, 2013 At Congresswoman Debbie Wasserman Schultz Mobile Food Pantry. (Requested by Commissioner Jorge R. Exposito) 2 2 Commission Agenda, October 16, 2013 Presentations and Awards (Continued) PA10 Proclamation To Be Presented To John Kunkle, Entrepreneur Of The Year. (Requested by Commissioner Jorge R. Exposito) PA11 Certificates Of Recognition To Be Presented To Principal, Vice Principals And Teachers Of Treasure Island Elementary And Ruth K. Broad Bay Harbor K-8 Center. (Requested by Commissioner Michael Gongora) PA12 Certificates Of Appreciation To Be Presented To Last Year's And Current PTA Presidents Of Miami Beach Public Schools For Their Hard Work And Dedication. (Requested by Commissioner Michael Gongora) CONSENT AGENDA Action: Moved: Seconded: Vote: C2 ~ Competitive Bid Reports C2A Request For Approval To Issue A Request For Qualifications (RFQ} For A Construction Manager At Risk Firm (CMR) To Provide Pre-Construction Services And Construction Phase Services Via A Guaranteed Maximum Price (GMP} Amendment For The Collins Park Parking Garage Project. (Capital Improvement Projects) C2B Request For Approval To Issue A Request For Proposals (RFP} For The Acquisition Of Emergency Shelter Beds To Serve Homeless Men, Women And Families. (Community Services/Procurement) C2C Request For Approval To Award A Contract, Pursuant To Invitation To Bid (ITB) No. 179- 2013SW, For The Installation, Removal, Maintenance And Storage Of Holiday Decorations. (Parks & Recreation/Procurement) C2D Request For Approval To Issue A Request For Qualifications (RFQ) For A Third Solid Waste Franchise Contractor To Provide Commercial Waste Collections And Disposal Services. (Public Works/Procurement) 3 3 Commission Agenda, October 16, 2013 C2 -Competitive Bid Reports (Continued) C2E Request For Approval To Purchase One (1) 2013 International Durastar Truck With A TCM425 HD Industries Pot Hole Patcher, In The Amount Of $148,870.00, And One (1) 2013 International 7400 Sixteen (16) Cubic Yard Dump Truck, In The Amount Of $115,183.00, From Rechtien International Trucks; And One (1) 2013 John Deere 544K Wheel Loader, In The Amount Of $132,504.00, From Nortrax Inc., Pursuant To Florida Sheriffs Association Contract No. 12-10- 0905; and One (1) Tennant ATLV 4300 Sweeper, In The Amount Of $35,013.99, From Tennant Sales And Service Company, Pursuant To Florida State Contract No. 365-001-11-1. (Public Works/Procurement) C2F Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 404-2013LR, For Resurfacing And Scarifying Tennis Courts At North Shore Tennis Center. (Parks & Recreation/Procurement) C2G Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 405-2013LR, For The Purchase Of Dogipot Junior Bag Dispensers And Biodegradable Dogipot Litter Pickup Bags. (Parks & Recreation/Procurement) C2H Request For Approval To Award A Contract, Pursuant To Invitation To Bid {ITB) No. 269- 2013ME, For Citywide Janitorial Services. (Public Works/Procurement) (Memorandum to be Submitted in Supplemental) C4 -Commission Committee Assignments C4A Referral To The Land Use And Development Committee -Discussion Regarding Decks, Docks & Seawall Over City Land, And The Need To Issue A Revocable Permit. (Public Works) C4B Referral To The Planning Board-Proposed Amendment To The Land Development Regulations And Comprehensive Plan To Accommodate The Redevelopment Of The Talmudic University Property Located At 4000 Alton Road. (Planning) C4C Referral To The Neighborhood/Community Affairs Committee -Discussion Regarding The Modification Of South Beach Local Circulator Service To Belle Isle And Improvement Of On-Time Performance On The Bi-Directional Route. (Public Works) C4D Referral To The Land Use And Development Committee -Discussion Regarding Short Term Rentals In The Collins Park Neighborhood. (Requested by Commissioner Jerry Libbin) 4 4 Commission Agenda, October 16, 2013 C4 -Commission Committee Assignments (Continued) C4E Referral To The Planning Board To Amend Section 114-1 Of The City Code To Amend The Definition Of Floor Area To Exempt Only Non-Habitable Floor Area Located Below Grade Where The Ceiling Is Also Below Grade. (Requested by Mayor Matti Herrera Bower) C4F Referral To The Neighborhood/Community Affairs Committee To Review Existing Policy On Public Testimony At Public Meetings. (City Attorney's Office/City Manager's Office/City Clerk's Office) C4G Referral To The Land Use And Development Committee For Consideration Of Establishing Acceptable Accessory Uses Permitting Restaurants In Contributing Historic Structures Within The RM2 Cultural Arts Neighborhood Overlay District. (Requested by Commissioner Jorge R. Exposito) C6 -Commission Committee Reports C6A Report Of The Land Use And Development Committee Meeting And Special Public Workshop Of September 23, 2013: Regular Agenda: 1) Discussion Of The Redevelopment Of The Talmudic University Property Located At 4000 Alton Road. 2) Discussion Regarding Taxi Service In Miami Beach And Miami-Dade County. Special Public Workshop: 1) Discussion Regarding An Amendment To The Land Development Regulations That Will Create Protection From Total Demolition Of Architecturally Significant Single Family Homes Built Prior To 1942. 2) Ordinance Amendment Pertaining To Oversized Single Family Homes. 3) Discussion On Architecturally Significant Homes -The City Of Coral Gables Ordinance Language In Regards To The Review Of Total Demolition Requests For Single Family Homes. C6B Report Of The The Neighborhood/Community Affairs Committee Meeting Of September 30, 2013: 1) Discussion Regarding The Placement Of A Plaque At The Flamingo Park Tennis Facility Commemorating Mr. Jerry Moss And His Tremendous Contribution To Tennis On Miami Beach. 2) Discuss The Log Cabin Property And The Possibility Of A Collaborative Community Center. 3) Discussion Regarding Potential Options For Collins Canal Project. 4) Discussion Regarding The Conditions Of South Pointe Park. 5) A Discussion Regarding Criminal Background Checks For Employees Of City Contractors And Spot Check Updates For Those Background Checks. 6) Discussion Regarding Sightseeing And Tour Bus Industry Regulations. 7) Discussion Regarding A Potential Public Basketball Court To Be Located Between 8th and 9th Streets, West Of The Dunes, Near The Exercise Equipment. 8) Discussion Regarding The Continuation Of The Adopt- A-Beach Pilot Program. 9) Discussion Regarding The Permanent Closure Of The 400 Block Of Espanola Way Between Washington Avenue And Drexel Avenue. 10) Discussion 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. 11) Discussion Regarding A Barrier With Foliage Be Installed By FOOT In The Median On 41st Street From Alton Road To Meridian Avenue Within Two Years From The Completed FOOT Traffic Study. 12) Discussion Regarding The Normandy Shores North Guardhouse On Bay Road. 13) Discussion Regarding The Veteran's Day Parade. 5 5 Commission Agenda, October 16, 2013 C6 ·Commission Committee Reports (Continued) C6C Report Of The Finance And Citywide Projects Committee Meeting Of September 19, 2013: 1) Discussion Of Old Business Items To Determine If They Should Remain On The Pending Items List: a) Status Update On Business Tax Process Improvement; b) Additional Proposed Amendment To The City's Living Wage Ordinance Mandating Health Benefits Plan; c) Discussion Of Responses Received From The Request For Letters Of Interest (RFLI) For A North Beach Parking Garage; d) Discussion On Water Conservation Methods And Implementation; e) Discussion Regarding Upgrade To Municipal Parking Garage Gated Revenue Control System; f) 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; g) Discussion Regarding Permit Expiration Courtesy Notices; Amnesty For Expired Permits; And Length Of Time For Building Permits. 2) Discussion Regarding Existing Tenant's New Proposal To Renew The Retail Lease Agreement With 1560 Collins Avenue, Inc. D/B/A Shan ("Tenant"), For The Use Of Suites BAnd C In The Anchor Shops, Located At 1560 Collins Avenue, Suite No 2, Miami Beach, Florida ("Space"); Compared To The US Vintage Proposal For This Space, Approved At The July 25, 2013 Citywide Projects Commission Committee. 3) Discussion Regarding A Proposal From Alpha 22, LLC To Lease 2,216 Square Feet Of City-Owned Vacant Property, Located At 22nd Street And Washington Avenue, Adjacent To Existing Restaurant Space Located At 816 Commerce Street, Miami Beach, Florida 33139 (Space), To Be Used As Outdoor Cafe, Concurrent With The Lease/Use Of The Adjoining Restaurant. 4) 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 (A/KIA 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. 5) Discussion Regarding Red Light Cameras In Miami Beach In Light Of A New State Law That Goes Into Effect On July 1, 2013. 6) Discussion To Immediately Reinstate The Fee Waiver For Sidewalk Cafes In North Beach. 6 6 Commission Agenda, October 16, 2013 C7 -Resolutions C7 A A Resolution Approving And Authorizing The City Manager Or His Designee To Take The Following Actions: 1) Submit An Application To The State Of Florida, Department Of Environmental Protection, Recreational Trails Program For Funding In The Amount Of $75,000 For The Middle Beach Recreational Corridor Project (Phase II); 2) Submit An Application To The US Department Of Homeland Security, Federal Emergency Management Agency (FEMA) For Fiscal Year (FY} 2013/14 Urban Area Security Initiative (UASI) Funding In The Approximate Amount Of $100,000 For Citywide Emergency Preparedness; 3) Submit A Response To The Request For Proposals From The National League Of Cities, Institute For Youth, Education, And Families, For The Cities Expanding Health Access For Children And Families (CEHACF} Planning Grant In The Amount Of $30,000 For Funding For The Planning Process And Development Of A Business Plan To Expand Health Access For Children And Families; And, Further, Retroactively Approving The Following: 4) Submittal Of An Application To The Rockefeller Foundation For The 100 Resilient Cities Centennial Challenge Program, For Technical And Financial Resources To Create And Execute Resilience Strategies On A Citywide Scale; Appropriating The Above Grants, Matching Funds, And City Expenses, If Approved And Accepted By The City And Authorizing The Execution Of All Necessary Documents Related To The Aforestated Applications, Including, Without Limitation, Audits, And Authorizing The City Manager Or His Designee To Take All Necessary Actions Related To These Grants. (Budget & Performance Improvement) C7B A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee Adopting Background Check Requirements And Other Security Measures For Employees Of City Contractors. (Procurement) C7C A Resolution Increasing The Annually Estimated Contract Amount Per Contract, Pursuant To Resolution 2009-27254, From $300,000 To $650,000. (Building) C7D A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 3 To The Professional Services Agreement With Stantec Consulting Services, Inc. For Additional Architectural Engineering Services, For The Flamingo Park Football Field And Track Renovation Project; In The Negotiated Amount Of $46, 138; With Previously Appropriated Funding In The Amount Of $46,138 From Fund 301, Quality Of Life Fund. (Capital Improvement Projects) C7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Settlement Agreement Between The City Of Miami Beach And Bermello Ajamil & Partners, Inc., (BAP) For Extended Professional Construction Engineering Inspection Services (CEI) For The Florida Department Of Transportation (FOOT) Work Included In The Water Mains And Sanitary Sewer Mains, And Milling And Resurfacing Improvements Along Indian Creek Drive Between 26th And 41st Streets; In The Amount Of $73,000 From Previously Appropriated Funding. (Capital Improvement Projects) 7 7 Commission Agenda, October 16, 2013 C7 -Resolutions (Continued) C7F A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No.5 To The Professional Architectural And Engineering (AlE) Services Agreement Between The City Of Miami Beach, Florida And Wolfberg Alvarez And Partners, For Additional Professional Services For The Flamingo Park Project; In The Negotiated Not-To-Exceed Amount Of $381,261 And An Additional Amount Of $22,000 For Reimbursable Expenses, For A Total Amount Of $403,261; With Previously Appropriated Funding From Fund 390, Miami-Dade County Building Better Communities General Obligation Bond Program. (Capital Improvement Projects) C7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No.1 To The Professional Services Agreement With Coastal Systems International, Inc. For Supplemental Construction Administration Services, For The Beachwalk II -Phase I Project; In The Negotiated Amount Of $48,360 And An Additional Amount Of $1,000 For Reimbursable Expenses, For A Total Not To Exceed Amount Of $49,360; With Previously Appropriated Funding In The Amount Of $49,360 From Fund 389, South Pointe Capital Fund And Ratifying The Additional Professional Services Provided By The Consultant During The Design Phase In The Amount Of $35,590. (Capital Improvement Projects) C7H A Resolution Providing For 1) Amending Resolution No. 2003-25171, Which Approved The Basis Of Design Report (BOOR) For The Bayshore Right Of Way Improvement Project; Said Amendment Amending The BOOR As Follows: A) Change In Roadway Widths And; B) 40th Street Parking Modifications. (Capital Improvement Projects) C71 A Resolution Amending Resolution No. 2012-28066, Setting The Dates For The 2013 Commission Meetings; Authorizing A Change In The Commission Meetings In November 2013, Which Are Held For The Purpose Of Canvassing Returns Of The General And Special Elections, From The Scheduled Meeting Date Of November 6, 2013 To November 12, 2013; And If A Run- Off Election Is Necessary, Changing The Meeting Date Of November 20, 2013 To November 25, 2013. (City Clerk's Office) C7 J A Resolution Electing Commissioner Deede Weithorn, Group VI, As Vice-Mayor, For A Term Commencing On November 1, 2013 And Terminating On November 12, 2013, Or If A Runoff Election Is Held, Terminating On November 25, 2013. (City Clerk's Office) C7K A Resolution Approving And Consenting To An Assignment Of The Existing Agreement Between The City And Horizon Investigations, Inc. ("Horizon") (As Assignor), To Proven Investigation, L.L.C. (As Assignee) With Such Approval And Consent Effective Upon Execution Of Assignment By The Mayor And City Clerk. (Human Resources/Procurement) 8 8 Commission Agenda, October 16, 2013 C7-Resolutions (Continued) C7L A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Parking Lease Agreement With The National Marine Manufacturers Association (NMMA) Boat Show For The Preferred Parking Lot And Other City Property Adjacent To The Boat Show Exhibition Space/Premises; Said Lease For The Boat Show Dates In February 2014, 2015, And 2016, Respectively, And Running Concurrently With The Boat Show Lease Agreement For Use Of The Miami Beach Convention Center. (Parking Department) C7M A Resolution Creating A Commercial Use Permit Process And Fee For The Purpose Of Legitimizing And Management Of Fitness, Training, Tennis And Other Outdoor Professional Services At City Facilities Parks And Beaches. (Parks & Recreation) C7N A Resolution Accepting The Revised Recommendation Of The City Manager Pursuant To Request For Proposals (RFP) No. 01-2013ME, For Unarmed Security Guard Services. (Police/Procurement) (Deferred from July 17, 2013) C70 A Resolution Authorizing The City Manager And City Clerk To Execute Mutual Aid Agreements With The Following Governmental Agencies: 1) Bal Harbour Village, Florida; 2) Town Of Bay Harbor Islands, Florida; 3) Village Of Biscayne Park, Florida; 4) City Of Coral Gables, Florda; 5) City Of Dora!, Florida; 6) City Of Hialeah Gardens, Florida; 7) Town Of Medley, Florida; 8) City Of Miami Springs, Florida; 9) City Of Opa Locka, Florida; And 10) City Of Sweetwater, Florida; For The Purpose Of Coordinating Law Enforcement Planning, Operations, And Mutual Aid Benefit Between The City Of MiC!mi Beach And Bal Harbour Village, Town Of Bay Harbor Islands, Village Of Biscayne Park, City Of Coral Gables, City Of Doral, City Of Hialeah Gardens, Town Of Medley, City Of Miami Springs, City Of Opa Locka, And The City Of Sweetwater. (Police) C7P A Resolution Authorizing The City Manager And City Clerk To Execute A Memorandum Of Understanding Between The City Of Miami Beach On Behalf Of The Miami Beach Police Department And Miami-Dade County On Behalf Of The Miami-Dade Police Department To Participate In Operation Stonegarden, A Waterborne Law Enforcement Initiative. (Police) C7Q A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Voluntary Cooperation Mutual Aid Agreement Between The Miami Beach Police Department And The Florida Department Of Law Enforcement, Miami Regional Operations Child Abduction Response Team, A Multi-Agency Team, Formed To Investigate And Prosecute Persons Involved In The Abduction Of Children, And Provide A Response To Missing And Endangered Children. (Police) 9 9 Commission Agenda, October 16,2013 C7-Resolutions (Continued) C7R A Resolution Approving And Authorizing The City Manager To Participate In The Southeast Florida Governmental Purchasing Co-Operative For The Purchase Of Competitively Bid Routine Operational Requirements, And Waiving By 5/7th Vote The City's Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The Best Interest Of The City. (Procurement) C7S A Resolution Formally Requesting That The Florida Department Of Transportation (FOOT) Convey Ownership To The City Of Certain Property Owned By The FOOT, Located At 1050 41st Street, And Legally Described As Lot 0, Block 1, Plat Book 35, Page 46 Of The Re-Subdivision Of Lots 48, 49, 50, And 51 Of Lot 1 Nautilus Subdivision; Which Property Has Been The Site Of A City Water Pump Station Since 1961. (Public Works) C7T A Resolution Approving An Amendment To The Flamingo Neighborhood Basis Of Design Report For 1 0-Foot Travel Lanes On Local Avenues And Streets As Well As Four (4) Feet Of Green Space And A 1 0-Foot Wide Path/Cycle Track Sidewalk Shared On Each Side In Lieu Of Bike Lane For 16th Street. (Public Works) C7U A Resolution Waiving, By 5/7th Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The City's Best Interest, And Authorizing The Annual Purchase Of Fuel Management System Parts And Services From AHA Electronics And Fuel Systems, Inc., The Sole Representative For The City's RNI/Fuelomat System, By The City's Fleet Management Division, For The Fueling Of City Vehicles, In An Amount Estimated At $124,160. (Public Works) C7V A Resolution Waiving By 5/7 1h Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The Best Interest Of The City, And Authorizing The Purchase Of Fuel From The Miami Beach Marina For Refueling Of Marine Patrol And Ocean Rescue Vessels, In An Amount Estimated At $100,000 Annually. (Public Works) C7W A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A New Professional Services Agreement With Arts For Learning/Miami, A Not-For-Profit Corporation, For In-School And After-School Arts Education Programs At Various City Preschools, Public Schools And Parks And Youth Centers, In An Amount Not To Exceed $105,000, Said Agreement Having An Initial Term Of One (1) Year, Commencing On October 1, 2013, And Ending On September 30, 2014, With The Option, At The City's Sole Discretion, To Extend For An Additional Two (2) Years Contingent Upon Funds Appropriations. (Tourism, Culture & Economic Development) 10 10 Commission Agenda, October 16,2013 C7 • Resolutions (Continued) C7X A Resolution Retroactively Approving And Authorizing The Acceptance Of $3,898.00 Dollars In Donations And Sponsorships Made To The City For The Annual Family & Community Service Day, A Free Event. (Tourism, Culture & Economic Development) C7Y A Resolution Retroactively Approving A Special Event Fee Waiver In An Amount Not To Exceed $32,390.00, For Sun And Fun Hospitality Give Back Day, Which Was Held On September 29, 2013 In Lummus Park. (Tourism, Culture & Economic Development) C7Z A Resolution Approving Special Event Fee Waivers In An Amount Not To Exceed $12,055.25, Plus A "To Be Determined" Lummus Park User Fee, For The 2013 Dolphins Cycling Challenge (DCC), Which Will Take Place On November 2, 2013 On The Beachfront North Of 10 Street. (Requested by Commissioner Deede Weithorn) (Legislative Tracking: Tourism, Culture & Economic Development) C7AA A Resolution Authorizing The Acceptance Of A Twenty-Two Thousand Dollars ($22,000) In Cash Donation (Including Sponsorship) From The Marilyn And Edward Gadinsky Charitable Foundation Made To The City In Support Of The Soundscape Cinema Series For Fiscal Year 2013/14; And Authorizing The City Manager Or His Designee To Make Such Expenditures And/Or Reimbursements From The Aforestated Donation, In Furtherance Of And Consistent With The Aforestated Event. {Tourism, Culture & Economic Development) C7BB A Resolution In Support Of The United Nations Secretary-General's Campaign "UNiTE To End Violence Against Women"; Supporting The October 25, 2013 "Orange Day" Around The World Which Will Focus On "Safe Public Spaces For Women And Girls"; Supporting The "Proudly To End Violence Project" Also Aligned With The UNiTE Campaign; And Encouraging Other Cities To Join The City Of Miami Beach In Supporting These Efforts. (Requested by Mayor Matti Herrera Bower) (Legislative Tracking: City Attorney's Office) C7CC A Resolution Approving And Consenting To A Waiver Of Consumer Price Index Rate Adjustments For Fiscal Year 2013/2014 For Building, Planning, Public Works And Fire Department Fees Contained In Appendix A Of The City's Code Of Ordinances Retroactive To October 1, 2013. (Building) C7DD A Resolution Setting A Public Hearing To Adopt The Third Amendment To The General Fund, Enterprise Fund, Internal Service Fund And Special Revenue Fund Budgets For Fiscal Year (FY) 2012/13. (Budget & Performance Improvement) 11 11 Commission Agenda, October 16, 2013 C7 -Resolutions (Continued) C?EE A Resolution Urging The Florida Legislature To Consider And Enact Legislation That Would Recognize Legal Rights For Pets Beyond Their Current Common Law Status As Personal Property And To Provide For The Recovery Of Non-Economic Damages For Harm To Pets To Compensate Pet Owners For Their Emotional And Psychological Pain And Suffering Resulting From Such Harm. (Requested by Commissioner Michael Gongora) (Legislative Tracking: City Attorney's Office) C7FF A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Amendment To The Professional Services Agreement With Industrial/Organizational Solutions, Inc., Approved By The City Commission On July 18, 2012; Said Amendment To Provide Additional Testing Services During The First Contract Year For Ocean Rescue; And Requesting Additional Funding, In An Amount Not To Exceed $38,000. (Human Resources) C7GG A Resolution Directing The City Administration To Pursue The Relocation Of The Pedestrian Signal At Garden Avenue And The Extension Of The School Zone On 41st Street With The Florida Department Of Transportation To Improve The Safety Of Nautilus Middle School Students And Pedestrians Crossing 41st Street. (Public Works) C7HH Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee Directing Staff To Work With The Greenspace-Tree Advocacy Group To Develop Interim Landscaping Options For The Dade Boulevard Shared-Use Path Project. (Public Works) C711 A Resolution Approving Funding In An Amount Of Up To $50,000, Authorizing The City Manager Or His Designee To Reimburse The Miami Beach Visitor And Convention Authority (MBVCA) (In An Amount Not To Exceed $50,000.00) With Regard To The MBVCA's Completion Of The Build- Out Of The Office Space Located At 1701 Meridian Avenue, Unit 403 To Include The Heating, Ventilation, And Air Conditioning (HVAC) System Design, Engineering, Permitting And Installation. (Tourism, Culture & Economic Development) (Memorandum to be Submitted in Supplemental) End of Consent Agenda 12 12 Commission Agenda, October 16, 2013 REGULAR AGENDA R5 · Ordinances R5A 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. 10:30 a.m. Second Reading Public Hearing (Sponsored by Mayor Matti Herrera Bower & Commission Michael Gongora) (Legislative Tracking: City Clerk's Office) (First Reading on September 11, 2013) R5B Accessory Setback Encroachments An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article IV, "Supplementary District Regulations," Section 142-1132 To Modify The Setbacks For Allowable Encroachments Including Driveways, Carports And Mechanical Equipment; By Amending Section 142-1133 To Modify The Setback Requirements For Swimming Pools And The Requirements For The Construction Of Swimming Pools On Corner And Thru Lots Within Single Family Districts; Providing For Codification; Providing For Repealer, Severability And An Effective Date. 10:45 a.m. Second Reading Public Hearing (Requested by the Land Use & Development Committee) (Legislative Tracking: Planning Department) (Continued from July 17, 2013) R5C Alton Road Historic District Buffer Overlay 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 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. 11 :00 a.m. First Reading Public Hearing (Requested by Land Use & Development Committee) (Legislative Tracking: Planning Department) (Deferred on June 5, 2013/Referred to NCAC) 13 13 Commission Agenda, October 16, 2013 RS ~Ordinances (Continued) R5D 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. 11:10 a.m. Second Reading Public Hearing (Requested by the Land Use and Development Committee) (Legislative Tracking: Planning Department) (First Reading on September 11, 20 13) R5E 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. 11:20 a.m. Second Reading Public Hearing (Requested by the Land Use and Development Committee) (Legislative Tracking: Planning Department) (First Reading on September 11, 2013) R5F RM-3 Principal And Accessory Use Signage An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 138, "Signs," By Amending Article V, "Sign Regulations By District," By Amending Section 138-171, "General Provisions," To Modify The Requirements For Hotels And Apartment Buildings Within The RM-3 District, And By Amending Section 138-172, "Schedule Of Sign Regulations For Principal Use Signs," To Modify The Requirements For Hotels And Apartment Buildings Within The RM-3 District; Providing For Codification; Repealer; Severability; And An Effective Date. 11:30 a.m. Second Reading Public Hearing (Requested by the Land Use and Development Committee) (Legislative Tracking: Planning Department) (First Reading on September 11, 2013/HPB) 14 14 Commission Agenda, October 16, 2013 R5 ·Ordinances (Continued) R5G An Ordinance Amending Chapter 100 Of The Miami Beach City Code, Entitled "Sustainability," By Amending Article II Entitled "Energy Economic Development Zone Pilot Program" To Include Miami-Dade County's Green Business Certification As An Additional Eligibility Criteria To Participate In The Energy Economic Development Zone Pilot Program; Providing For Severability; Codification, Repealer, And An Effective Date. 11 :40 a.m. Second Reading Public Hearing (Sponsored By Commissioner Jerry Libbin) (Legislative Tracking: Tourism, Culture & Economic Development) (First Reading on September 11, 2013) R5H 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 54-60, 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. 11:50 a.m. Second Reading Public Hearing (Sponsored by Mayor Matti Herrera Bower) (Legislative Tracking: Building Department) (First Reading on September 11, 2013) R5l 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. 12:00 p.m. Second Reading Public Hearing (Sponsored by Commissioner Jerry Libbin) (Legislative Tracking: Public Works) (First Reading on September 11, 2013) 15 15 Commission Agenda, October 16, 2013 R5 -Ordinances (Continued) R5J 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, (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. 12:10 p.m. Second Reading Public Hearing (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) (First Reading on September 11, 2013) R5K Unclassified Salary Ordinance An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance; Abolishing Pay Grade 1 And Pay Grade 2; Abolishing The Classifications Of: General Services Director, Transportation And Concurrency Manager, 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, Service Delivery Manager, And Office Associate I; Establishing The Classifications Of Tourism, Cultural Affairs And Economic Development Director, Deputy Building Director, Procurement Director, Information Technology Director, Assistant Director Human Resources, Housing And Community Development Director, Infrastructure Division Director, Assistant City Engineer, Assistant Director Procurement, Building Operations Manager, Investigator Supervisor, Community Services Division Director, Administrative Services Manager, Public Safety Special Projects Coordinator, Property Maintenance/Operations Superintendent, Director Of The Office Of Communications, Leasing Specialist, Public Safety Management/Budget Analyst, Performance And Scheduling Analyst, Office Manager (City Attorney), Visual Communications Specialist, Constituent/Commission Aide, Financial Analyst, Public Safety Payroll Administrator, Senior GIS Analyst, And Records Supervisor; Ratifying The Pay Grade Change For The Assistant Director Parking, Assistant Director Parks And Assistant Director Recreation Classifications; 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", 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. 12:20 p.m. Second Reading Public Hearing (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) (First Reading on September 30, 2013) 16 16 Commission Agenda, October 16, 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; 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. 12:29 p.m. Second Reading Public Hearing R5M MBERP For GSAF (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) (First Reading on September 30, 2013) An Ordinance Implementing Provisions Of The 2012-2015 Collective Bargaining Agreement Between The City And The Government Supervisors Association Of Florida, OPEIU, Local 100 (GSAF); 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 (DROP) 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; Amending Section 6.03 Requiring The City To Contribute At Least The Normal Cost To Pension Each Year, Requiring An Experience Study At Least Every Three (3) Years And Requiring Five (5), Ten (10) And Twenty (20) Year Projections Of Required Pension Contributions As Part Of The Annual Actuarial Valuation; Providing For Severability; Repealing All Ordinances In Conflict Therewith; And Providing An Effective Date. First Reading (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) R5N GSAF Classified 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 V, Represented By The Government Supervisors Association Of Florida, OPEIU, Local100 (GSAF}, In Accordance With The Negotiated Collective Bargaining Agreement; 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. First Reading (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) 17 17 Commission Agenda, October 16, 2013 R5 -Ordinances (Continued) R50 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) (Deferred on September 11, 20 13) R5P 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) (Deferred on September 11, 20 13) R5Q An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending Section 2-22, Entitled "General Requirements," To Amend The Exceptions For The Term Of Office Of At-Large Commission Appointees When An Appointee Is Appointed To Fill An Unexpired Term; And Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Requested by Mayor Matti Herrera Bower) (Legislative Tracking: City Attorney's Office) R5R An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, Entitled "Traffic And Vehicles," By Amending Article XI, Entitled "Adoption Of The Mark Wandall Traffic Safety Act And Program," By Amending Section 106-480, Entitled "Adoption Of State Act And Program," That Delineates The Statutory Authority For Using Traffic Infraction Detectors In The City Of Miami Beach; By Amending Sections 106-481 Through 106-484, Entitled "Reserved" By Adding Section 106-481, Entitled "Local Hearing Officer," Which Authorizes A Local Hearing Officer To Conduct Hearings For A Violation Of Section 316.0083 Of The Florida Statutes; By Providing The Process For The Selection Of A Local Hearing Officer; By Authorizing The Miami Beach Clerk's Office To Serve As Staff For The Local Hearing Officer; By Limiting The Authority Of The Local Hearing Officer; And Setting Forth Penalties And Costs To Be Imposed By The Local Hearing Officer; Providing For Codification; Severability; Repealer; And An Effective Date. First Reading (Requested by Finance & Citywide Projects Committee) (Legislative Tracking: Police) 18 18 Commission Agenda, October 16, 2013 RS ~Ordinances (Continued) RSS 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 1, Entitled "Generally," By Amending Sec. 62.31 Entitled "Definitions" To Define Intersexuality And Add That Term As A Protected Classification Category; To Amend Sections 62-33 Entitled "Purpose; Declaration Of Policy," 62-37(b) Entitled "Duties And Powers," 62-88.1 Entitled "Discrimination In Public Services," 62-90 Entitled "Use Of Municipal Facilities," 62-91 Entitled "Municipal Funds," And 62-112(c) Entitled "Housing" To Include Intersexuality As A Protected Classification Category; And Providing For Severability, Codification And An Effective Date. First Reading (Requested by Mayor Matti Herrera Bower) (Legislative Tracking: City Attorney's Office) RST An Ordinance Amending Chapter 42 Of The Miami Beach City Code, Entitled "Emergency Services," By Amending Article II Thereof, Entitled "Alarm Systems," By Amending Section 42-86, Entitled "False Alarms," To Prohibit Three (3) Or More False Intrusion Alarms; By Amending Section 42-89 Entitled "Notification Of False Alarms," Which Shall Be Entitled "Enforcement," And Sets Forth The Enforcement Authority Of The Miami Beach Police Department And The Issuance Of A Notice Of Violation For Section 42-86; By Amending Section 42-90 Entitled "Initial Review Upon Notification," Which Shall Be Entitled "Rights Of Violators; Payment Of Fine; Right To Appear; Failure To Pay Civil Fine Or To Appeal," And Specifically Delineates The Rights Of Violators, Payment Of Fine, Right To Appear, And Failure To Pay The Civil Fine Or Appeal; By Amending Section 42-91 Entitled "Appeal Of False Alarm Designation," Which Shall Be Entitled "Penalties," By Providing For Penalties Regarding A False Intrusion Alarm; By Amending Section 42-92 Entitled "Penalty For Violation Of Division," Which Shall Be Entitled "Enhanced Penalties," By Creating Enhanced Penalties For Excessive False Intrusion Alarms; Providing For Repealer, Codification, Severability, And An Effective Date. First Reading (Requested by Finance & Citywide Projects Committee) (Legislative Tracking: Police Department) (Memorandum to be Submitted in Supplemental) R7 ~ Resolutions R7 A A Resolution Accepting The Recommendation Of The City's Finance And Citywide Projects Committee ("FCWPC"); Approving And Authorizing The Mayor And City Clerk To Execute A Lease Agreement Between The City And Alpha 22, LLC ("Tenant") Involving The Use Of Approximately 2,216 Square Feet Of City-Owned Vacant Property, Located At 22 Washington Avenue, Miami Beach, Florida ("Property"), Adjacent To Existing Restaurant Space Located At 816 Commerce Street, Miami Beach, Florida ("Restaurant Space"), To Be Used As An Outdoor Cafe, Concurrent With The Lease/Use Of The Adjoining Restaurant Space; Said Lease Having An Initial Term Of Five Years, With An Option To Renew For Four Years And 364 Days, At The City's Sole Discretion; And Further Waiving, By A 5/7th Vote, The Competitive Bidding Requirement, As Required By Section 82-39 Of The Miami Beach City Code, Finding Such Waiver To Be In The Best Interest Of The Public. 10:10 a.m. Public Hearing (Tourism, Culture & Economic Development) 19 19 Commission Agenda, October 16, 2013 R7 -Resolutions (Continued) R7B A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee And Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Lease Between The City And Massage Partners, Inc. ("Tenant"), Dated September 15, 2010, For The Premises Located At 1701 Meridian Avenue, Unit 2 (A/KIA 767 17th Street), Miami Beach, Florida; Said Amendment To The Lease Concerning: 1) The Additional Use Of The Leased Premises As A Nail Salon; 2) The Non-Exclusive, Revocable Use Of The Common Area Restrooms Located On The Second Floor Of The 1701 Meridian Avenue Office Building For Tenant's Nail Salon Customers; And 3) The Rental Rate To Be Paid By Tenant For The Use Of Said Common Area Restrooms. (Tourism, Culture & Economic Development) R7C A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute Guaranteed Maximum Price (GMP) Amendment No. 1 To The Pre-Construction Services Agreement With QGS Development, Inc., Dated October 19, 2011, For Construction Management At Risk Services For The Par 3 Golf Course Project, In The Amount Of $ With Previously Appropriated Funding From The MDC COT lnterlocai-CDT/Resort Fund 388. (Capital Improvement Projects) (Memorandum To Be Submitted In Supplemental) R7D GSAF Collective Bargaining Agreement A Resolution Ratifying A Three (3) Year Collective Bargaining Agreement Between The City Of Miami Beach And The Government Supervisors Association Of Florida, OPEIU, Local 100 (GSAF), For The Period From October 1, 2012, Through September 30, 2015; And Authorizing The Mayor And City Clerk To Execute The Agreement. (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) R7E A Resolution Adopting The Second Amendment To The Fiscal Year (FY) 2012/13 Special Revenue Fund Budgets. 10:20 a.m. Public Hearing (Budget & Performance Improvement) R7-Resolutions (Continued) R7F A Resolution Consenting To The Appointment Of David D. Martinez As The Director Of The Office Of Capital Improvement Projects For The City Of Miami Beach. (Human Resources) R7G A Resolution Consenting To The Appointment Of Hernan D. Cardeno As The Director Of The Code Compliance Department For The City Of Miami Beach. 20 20 Commission Agenda, October 16, 2013 R9 • New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk's Office) R9A 1 Board And Committee Appointments -City Commission Appointments. (City Clerk's Office) R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30p.m.) R9C Update On The Miami Beach Convention Center Project. (City Manager's Office) (Memorandum to be Submitted in Supplemental) R9C1 Discussion Regarding The Convention Center Master Plan. (Requested by Mayor Matti Herrera Bower) R9D Recommendation To Nominate Henry Stolar For The Noise Working Group. (Requested by Commissioners Michael Gongora & Jorge Exposito) (Deferred in September 11, 2013) R9E Discussion Regarding Art Basel And Its Economic Benefit To The City. (Requested by Commissioner Deede Weithorn) (Deferred in September 11, 2013) R9F Discussion And Referral To The Finance And Citywide Projects Committee Regarding The Liability Of Police Officers As It Pertains To Off Duty Work. (Requested by Commissioner Jorge R Exposito) R9G Discussion Regarding The Building Located On 1701 Meridian Avenue, Construction And Permitting Status Of The VCA Offices As Well As Representative David Richardson Office. (Requested by Commissioner Jorge R. Exposito) R9H A Discussion Delineating Potential Concerns On Two Future Roadway Projects To Be Undertaken By The Florida Department Of Transportation (FDOT) Along Alton Road, From Michigan Avenue To 43rd Street And From 43rd Street To East Of Allison Road; And Urging FOOT To Ensure That All Community Concerns, Including, But Not Limited To, Loss Of On-Street Parking, Impacts To Mature Shade Trees, And Appropriate Bicycle Facilities, Are Properly Addressed As Part Of The Respective Future Alton Road Projects. (Public Works) 21 21 Commission Agenda, October 16, 2013 R9 ~ New Business and Commission Requests (Continued) R91 Discussion Regarding The Permanent Closure Of The 400 Block Of Espanola Way Between Washington Avenue And Drexel Avenue. (Public Works) R9J Discussion Regarding Loss Of Parking Spaces In Biscayne Beach Neighborhood. (Requested by Mayor Matti Herrera Bower) R9K The Committee Of The Whole Will Meet On October 16, 2013 In The City Manager's Office Large Conference Room To Discuss The Proposed Revisions To The Personnel Rules For The Classified Service. (Human Resources) R9L Discussion Regarding The Status Of The Collins Park Neighborhood Improvement Project. (Requested by Mayor Matti Herrera Bower) R9M Discussion Regarding Extending An Agreement For Governmental Services Between The City And MWW Group. (City Manager's Office) R9N Discussion And Referral To The Finance & Citywide Projects Committee ~ Enhance Police Patrol In Miami Beach Schools, Which In Turn Secures The Safety Of All Students, Parents And Staff. (Requested by Commissioner Jorge R. Exposito) R90 Discussion And Referral To The Finance & Citywide Projects Committee-Look Into What Occurs With Our MBPD Retired Police Dogs And To Discuss Possible Allocation Of Funding For Their Medical Needs. (Requested by Commissioner Jorge R. Exposito) R9P Discussion Regarding Extending Hours For Winter Party, White Party And Pride. (Requested by Commissioner Michael Gongora) R9Q A Presentation From The American Athletic Conference Regarding The Miami Beach Bowl. (City Manager's Office) R9R Discussion On The Outcome Of The Public Meetings Held By FDOT Regarding The Proposal To Add Medians Along The Alton Road Corridor Within The Project Limits Of The Current Reconstruction Project From 5th Street To Michigan Avenue. (Requested by Mayor Matti Herrera Bower) 22 22 Commission Agenda, October 16, 2013 R9 -New Business and Commission Requests (Continued) R9S Discussion And Referral To Neighborhood/Community Affairs Committee To Look Into An Establishment For A Handicap Beach Within Our City Limits. (Requested by Commissioner Jorge R. Exposito) R10-City Attorney Reports R 1 OA City Attorney's Status Report. (City Attorney Office) R 1 OB Notice Of Closed Executive Session Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During Recess Of The City Commission Meeting On Wednesday, October 16, 2013, In The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective Bargaining. Reports and Informational Items 1. Reports and Informational Items (see LTC No. 370-2013) 2. List of Projects Covered by the Cone of Silence Ordinance -LTC. (Procurement) 3. Report From Commission Committees Of Withdrawn Items Not Heard Within (6) Six Months From Their Referral Date. (City Clerk's Office) End of Regular Agenda 23 23 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON MBTV 77, AND ARE AVAILABLE IN THE CITY CLERK'S OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 9:00 A.M. GENERALLY THE CITY COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST. l. 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 adiourned prior to the time set for either session of the Forum. In the event of adiournment prior to the Stanley Sutnick Citizens' Forum, notice will be posted on MBTV 77, and posted at City Hall. Approximately thirty (30) minutes will be allocated for each session, with individuals being limited to no more than three (3) minutes or for a time period established by the Mayor. No appointment or advance notification is needed in order to speak to the Commission during this Forum. 2. Prior to every Commission meeting, an Agenda and backup material are published by the Administration. Copies of the Agenda may be obtained at the City Clerk's Office on Thursday morning prior to the regularly scheduled City Commission meeting. The Agenda and backup materials are also available on the City's website: www.miamibeachfl.gov the Thursday prior to a regularly scheduled City Commission Meeting. 3. Any person requesting placement of an item on the Agenda must provide a written statement with his/her complete address and telephone number to the Office of the City Manager, 1700 Convention Center Drive, 4th Floor, Miami Beach, Fl 33139, briefly outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment may be scheduled to discuss the matter with a member of the City Manager's staff. "Requests for Agenda Consideration" will not be placed on the Agenda until after Administrative staff review. Such review will ensure that the issue is germane to the 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 lat~r than noon on Monday of the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package. Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to those subjects included in their written requests. 4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on ilem(s)listed on the Agenda, other than public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City HaiL 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 lime, 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 f?Vblic 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 24 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\20 13 Schedule of City of Miami Beoch.docx 25 CITY CLERK'S OFFICE LOBBYIST LIST October 16, 2013 Commission Meeting C2D Approve Award Pursuant to RFQ for Third Solid Waste Franchise/Commercial Waste Collections & Disposal Mitchell Bierman R5H Amending Chapter 54 "Floods" & "Floodplain Management." Rafael Andrade 1501 Garage, LLC 05/03/2013 $500 per hour Ralph Choeff Courtney and Karen Lord 09/07/2011 $175 per hour Robert Fine New National, LLC 07/12/2011 $550 per hour Robert Fine 940 Ocean Drive, LLC 05/09/2011 $550 per hour Alyssa Kriplen Greystone Terra Firma, LLC 10/04/2012 No compensation Alexander Tachmes Courtney and Karen Lord 09/17/2013 $550 per hour 07/16/2012 F:\CLER\COMMON\2013\ 10 162013\LOBBYIST UST.Docx 26 "tJ )> Presentations and Awards PA 1 Proclamation To Be Presented To Lourdes Lopez For Her Contributions As Artistic Director Of Miami City Ballet. (Requested By Mayor Matti Herrera Bower) PA2 Certificates Of Recognition To Be Presented To The Volunteers Of The Cat Network For Their Many Hours And Dedication. (Requested By Mayor Matti Herrera Bower) PA3 Certificates Of Recognition To The PAL Police Explorers For Their Win Of The Multi- Agency Law Enforcement Competition. (Requested By Mayor Matti Herrera Bower) PA4 Proclamation To Be Presented To Temple Beth Shmuel Montessori School Celebrating Their 1Oth Year Anniversary. (Requested by Mayor Matti Herrera Bower) PA5 Proclamation To Be Presented To Dance Now! For Their Many Performances Throughout The City Of Miami Beach For The Past 13 Years As Well As Collaborating With Miami Beach Based Visual Artists, Poets, Architects, Fashion Designers And Composers In The Creation Of High Quality Art. (Requested by Mayor Matti Herrera Bower) PA6 Certificates Of Recognition To Be Presented To Boriquen Health Clinic, Little Havana Activity Center, And Miami Beach Health Center For Their Participation As The Top Three Employers In The UNlOAD Senior Employment Program. (Requested by Mayor Matti Herrera Bower) PA7 Proclamation To Be Presented In Support Of The United Nations Campaign, "UNiTE To End Violence Against Women, And Declare October 25, 2013 "Orange Day'' In The City Of Miami Beach To Focus On Safe Public Spaces For Women And Girls. (Requested by Mayor Matti Herrera Bower) PAS Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For August 2013. (Requested by Commissioner Jorge R. Exposito) PA9 Certificate Of Appreciation To Be Presented To Officer Ernesto Rodriguez For Going Above And Beyond To Help The Elderly Residents Of Miami Beach On September 3, 2013 At Congresswoman Debbie Wasserman Schultz Mobile Food Pantry. (Requested by Commissioner Jorge R. Exposito) Agenda Item PAl-12. 28 Date I0-1 b-I 3 Presentations and Awards (Continued) PA10 Proclamation To Be Presented To John Kunkle, Entrepreneur Of The Year. {Requested by Commissioner Jorge R. Exposito) PA11 Certificates Of Recognition To Be Presented To Principal, Vice Principals And Teachers Of Treasure Island Elementary And Ruth K. Broad Bay Harbor K-8 Center. (Requested by Commissioner Michael Gongora) PA12 Certificates Of Appreciation To Be Presented To Last Year's And Current PTA Presidents Of Miami Beach Public Schools For Their Hard Work And Dedication. (Requested by Commissioner Michael Gongora} 29 COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) FOR A CONSTRUCTION MANAGER AT RISK FIRM (CMR) TO PROVIDE PRE-CONSTRUCTION SERVICES AND CONSTRUCTION PHASE SERVICES VIA A GUARANTEED MAXIMUM PRICE (GMP} AMENDMENT FOR THE COLLINS PARK PLACE PROJECT. Key Intended Outcome Supported: Ensure Safety And Appearance Of Building Structures And Sites; Improve Parking Availability; Ensure Value And Timely Delivery Of Capital Projects; Diversity Business Base In Miami Beach; Maximize Miami Beach As A Destination Brand; Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summa /Recommendation: On March 21, 2012, the City Commission adopted Resolution No. 2012-27869, approving a Professional Services Agreement between the City and a joint venture of Zaha Hadid Limited t!a Zaha Hadid Architects and Berenblum Busch Architecture, Inc. (the Consultant) for the Planning, Architectural, Engineering, Design, Bid and Award, And Construction Administration Services for the Collins Park Parking Garage Project. On January 16, 2013 the City Commission adopted the Basis of Design Report (BOOR), and on July 17, 2013, Resolution No. 2013-28289 was adopted authorizing the Administration to proceed to the detailed design phase of the Project. Collins Park Place, designed by Zaha Hadid Architects in consultation with Florida Executive Architect, Berenblum Busch Architecture, will be constructed on the two properties currently occupied by surface parking lots located on the south side of 23rd Street, behind the Miami Beach Regional Library and the Miami City Ballet building. The ground level of the proposed structure, between Park and Liberty Avenues, will provide approximately 17,500 sq. ft. of retail space, while the upper five (5) levels of the parking garage, which will bridge over Liberty Avenue, will accommodate approximately 470 parking spaces. The Project also contemplates a large public plaza at the ground level, just east of Liberty Avenue, which will merge into the Liberty Avenue right of way between 22nd and 23rd streets, turning it into a pedestrian street. The design takes a holistic approach to the site and considers the public plaza as one continuous landscape that unites the project site with the adjacent sites -Miami City Ballet and Miami Beach Regional Library. The Construction Manager at Risk (CMR) minimum eligibility and scope of services requirement are detailed in the attached RFQ. CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of the RFQ for a Construction Manager at Risk firm (CMR) to provide pre-construction services and construction phase services via a Guaranteed Maximum Price (GMP) amendment for the Collins Park Parking Garage Project. RECOMMENDATION APPROVE THE ISSUANCE OF THE RFQ Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 N/A OBPI Total Financial Impact Summary: . MIAN\1 BEACH Account N/A 31 Approved Agenda Item C). A Date 10--{b-1-3 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochA.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: REQUEST FOR APPROVAL TO A HORIZE THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) FOR A CONSTRUCTION MANAGER AT RISK FIRM (CMR) TO PROVIDE PRE-CONSTRUCTION SERVICES AND CONSTRUCTION PHASE SERVICES VIA A GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT FOR THE COLLINS PARK PARKING PLACE PROJECT. ADMINISTRATION RECOMMENDATION Authorize the issuance of the RFQ. BACKGROUND On March 21, 2012, the City Commission adopted Resolution No. 2012-27869, approving a Professional Services Agreement between the City and a joint venture of Zaha Hadid Limited t/a Zaha Hadid Architects and Berenblum Busch Architecture, Inc. (the Consultant) for the Planning, Architectural, Engineering, Design, Bid and Award, And Construction Administration Services for the Collins Park Parking Garage Project. On January 16, 2013 the City Commission adopted the Basis of Design Report {BOOR), and on July 17, 2013, Resolution No. 2013-28289 was adopted authorizing the Administration to proceed to the detailed design phase of the Project. SCOPE OF SERVICES Collins Park Place, designed by Zaha Hadid Architects in consultation with Florida Executive Architect, Berenblum Busch Architecture, will be constructed on the two properties currently occupied by surface parking lots located on the south side of 23rd Street, behind the Miami Beach Regional Library and the Miami City Ballet building. The ground level of the proposed structure, between Park and Liberty Avenues, will provide approximately 17,500 sq. ft. of retail space, while the upper five (5) levels of the parking garage, which will bridge over Liberty Avenue, will accommodate approximately 470 parking spaces. The Project also contemplates a large public plaza at the ground level, just east of Liberty Avenue, which will merge into the Liberty Avenue right of way between 22nd and 23rd streets, turning it into a pedestrian street. The design takes a holistic approach to the site and considers the public plaza as one continuous landscape that unites the project site with the adjacent sites -Miami City Ballet and Miami Beach Regional Library. The Construction Manager at Risk (CMR) minimum eligibility and scope of services requirement are detailed in the attached RFQ. 32 City Commission Memorandum -RFQ Issuance for CM at Risk Services for Collins Park Garage October 16, 2013 Page 2 of2 CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of the RFQ for a Construction Manager at Risk firm (CMR) to provide pre-construction services and construction phase services via a Guaranteed Maximum Price (GMP) amendment for the Collins Park Parking Garage Project. ATTACHMENTS • Attachment A -454-2013-TC -For a Construction Manager at Risk Firm (CMR) to Provide Pre-Construction Services and Construction Phase Services Via a Guaranteed M~um Price (GMP) Amendment for the Collins Park Parking Garage Project. JLM/MT/ /OM/AD T:\AGENDA\2013\0ctober 16\Procurement\RFQ Issuance for Collins Park Garage CMR-MEMO.doc 33 REQUEST FOR QUALIFICATIONS CONSTRUCTION MANAGER AT RISK SERVICES FOR THE CONSTRUCTION OF THE COLLINS PARK PLACE RFQ 2013-454-TC BID ISSUANCE DATE: RFQ DUE DATE: Thea Carrasco, Ph.D., CPPO, CPPB, Senior Procurement Specialist PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov ~ MIAMIBEACH 34 RFQ 2013-454-TC CONSTRUCTION MANAGER AT RISK SERVICES FOR THE CONSTRUCTION OF THE COLLINS PARK PLACE Section I Section II Section Ill Section IV Section V Section VI Section VII Section VIII TABLE OF CONTENTS Overview & Proposal Procedures ........................... . Minimum Qualifications Requirements .................... . Scope of Services .................................................. . Proposal Format ................................................... . Evaluation/Selection Process .................................. . Special Terms & Conditions: Insurance ........................ . General Conditions .............................................. . Appendices: A -Proposal Certification, Questionnaire & Requirements Affidavit B-Sample CMR Contract and Related Terms and Conditions 35 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, WWW'.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7490, Fax: 786-394-4006 PUBLIC NOTICE Sealed proposals, as detailed herein, will be received until 3:00PM on, NOVEMBER 16, 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. Fallure to receive an addendum may result in disqualification of proposal submitted. Proposers are hereby advised that this RFP is subject to the following ordinances/resolutions, which may be found on the City of Miami Beach website: www.miamibeachfl.govfprocurement • 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@miamibeachfl.gov, must copied on any question or comment submitted in response to this RFP. All responses to questions/clarifications will be sent to Proposers in the form of a written addendum. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL PROPOSALS. Sincerely, Alex Denis, CPPO Procurement Director 36 ------------ City of Miami Beach 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305.673.7490 Fox: 786.394.4006 RFP No.: RFP 2013-454-TC RFP TITLE: Construction Manager At Risk Services For The Construction Of The Collins Pork Place NOTICE OF NO RESPONSE If not submitting a Proposal at this time, please detach this sheet from the RFP documents, complete the information requested, and return to the address listed above. NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: _ Not responding due to workload issues _Not responding due to minimum qualifications requirements _ Not responding due to scope of services _ Not responding due to project's size and/or complexity _OTHER. {Please specify)------------------ Note: Failure to respond, either by not submitting a proposal or this completed form, may result in your company being removed from the CiJy's bid list. We do ___ do not ___ want to be retained on your mailing list for future proposals for the type or product and/or service. Signature:-------------- Title:--------------- Company: _____________ __ Feedback The City of Miami Beach is interested in continuously improving the process through which it acquires required goods and services. Your feedback is important. Please provide any comments or suggestions which may assist the City in this endeavor, including information on requirements, timelines, and solicitation forms. 37 .~ (.L: :BEACH I • ''! ,.· SECTION I -OVERVIEW AND PROPOSAL PROCEDURES A. INTRODUCTION f BACKGROUND This project, Collins Park Place, designed by Zaha Hadid Architects in consultation with Florida Executive Architect, Berenblum Busch Architecture, will be constructed on the two properties currently occupied by surface parking lots located on the south side of 23rd Street, behind the Miami Beach Regional Library and the Miami City Ballet building. The ground level of the proposed structure, between Park and Liberty Avenues, will provide approximately 17,500 sq. ft. of retail space, while the upper five (5) levels of the parking garage, which will bridge over Liberty Avenue, will accommodate approximately 470 parking spaces. The Project also contemplates a large public plaza at the ground level, just east of Liberty Avenue, which will merge into the Liberty Avenue right of way between 22nd and 23rd streets, turning it into a pedestrian street. The design takes a holistic approach to the site and considers the public plaza as one continuous landscape that unites the project site with the adjacent sites -Miami City Ballet and Miami Beach Regional Library. Approximate Project Budget: $20,800,000 In accordance with Section 255.103, Florida Statutes, the City's goal to negotiate a mutually acceptable agreement with a construction management firm, pursuant to the process provided by Section 287.055, Florida Statutes, which is to be responsible for construction project scheduling and coordination in both preconstruction and construction phases and for the successful, timely, and economical completion of the project. B. RFP TIMETABLE The tentative schedule for this RFP is as follows: RFP Issued October 21, 2013 Pre-Proposal Meeting November 4, 2013 Deadline for Receipt of Questions November 16, 2013 Proposals Due November 26, 2013 Evaluation Committee Review December 10, 2013 Tentative Commission Approval Authorizing Negotiations January, 2014 Contract Negotiations TBD 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. 1 I RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE 38 D. PRE-PROPOSAL SUBMISSION MEETING A Pre-Proposal Submission Meeting will be held on the date noted in Section 1 (B) at 10:00 a.m. at the following address: City of Miami Beach City Hall -4th Floor, Manager's Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these 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 I Contact: I Telephone: I Email: Requests for additional information or requests for clarifications must be made in writing to the Procurement Division. Facsimile or e-mail requests are acceptable. Please send all questions and/or requests for clarifications to the contact named above, with a copy to the City Clerk's Office at RafaeiGranado@miamibeachfl.gov, no later than the date specified in the RFP timetable. F. RESPONSE TO QUESTIONS & ADDENDUM TO RFP The Procurement contact will issue replies to inquiries and any other corrections or amendments, as he deems necessary, in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations (whether verbal or written), other than those made in this RFP or in any written addendum to this RFP. Proposers should verify with the Procurement Division prior to submitting a Proposal that all addenda have been received. G. METHOD OF AWARD Pursuant to FS 287.055, the City shall first consider the qualifications of firms through the process outlined in Section V, Evaluation of Proposals. The ranking results of Step 1 & 2 outlined in Section V, Evaluation of Proposals, will be considered the City Manager who may recommend to the City Commission the propcser(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. 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 proposer to perform the contract. (2} Whether the proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the proposer. (4} The quality of performance of previous contracts. (5} The previous and existing compliance by the proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may 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. Following the final approval of ranking of qualified firms by the City Commission, the City shall attempt to negotiate mutually agreement with the top-ranked firm; and, if unsuccessful, will attempt to negotiate mutual agreement with second-ranked and third-ranked firms (as available), in order of rank. H. 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 and1) 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. 21 RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLA.CE 39 ' '·' ~-" ;"BEACH /·/\lt-\lv\i I. 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. J. 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. K. 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. L. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP}. M. 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 Slate 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. N. NEGOTIATIONS The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties. 0. 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. P. OBSERVANCE OF LAWS Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, nules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFP {including, without limitation, the Americans with Disabilities Act. Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. Q. 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. 31 RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE 40 R. 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. S. 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. T. 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. U. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. V. 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. W. CONE OF SILENCE This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their Proposal voidable, in the event of such non-compliance. X. DEBARMENT ORDINANCE This RFP is subject to, and all Proposers are expected to be or become familiar witl1, 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). Y. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. Z. 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. 41 RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE 41 ~ rv\:?J/.: BEACH AA. AMERICAN WITH DISABILITIES ACT (ADA) Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at305-673-7000, Extension 2984. BB. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. SECTION II-MINIMUM QUALIFICATIONS REQUIREMENTS 1. Firm must be a licensed General Contractor in the State of Florida. 2. Firm must document approximately ten (1 0) years of experience in CM at Risk Projects. 3. Firm must have successfully completed at least seven (7) projects of similar scope, size and complexity. 4. Firm must have successfully completed at least three (3) projects in an urban setting, high traffic area. 5. Firm must have successfully achieved LEED certification in at least three (3) projects. 6. Superintendents must have a minimum of fifteen (15) years of experience approximately in the management of CM at Risks projects. Furthermore, this individual should have served as Superintendent on a minimum of three (3) previous projects of similar size and complexity, one of which is required to have achieved a USGBC LEED certification. 7. Project Manager must be a LEED accredited professional, with a minimum of ten (10) years of experience approximately in the management of CM at Risks projects. Furthermore, this individual should have served as Project Manager on a minimum of three (3) projects of similar size and complexity, one of which is required to have achieved a USGBC LEED certification. SECTION Ill-SCOPE OF SERVICES The Construction Manager at Risk (CMR) Scope of Services shall include, without limitation, all of the Preconstruction Services set forth below and, upon approval by the City of the Guaranteed Maximum Price (GMP), and as contemplated in any GMP Amendment or Amendments, and such other amendment(s) as necessary to fix and describe the parties' respective rights and responsibilities with respect to the Work and the Project, all of the Construction Services required to complete the Work in strict accordance with the Contract Documents, and to deliver the Project to the City at or below the GMP, when established, and within the Contract time. The CMR shall review Project requirements, existing on-site and off-site development, surveys and preliminary budget, and make recommendations to the City for revisions. The CMR shall prepare a preliminary Project Schedule in accordance with the Contract Documents and in coordination with the City and the ArchitecUEngineer, identifying all phases, critical path activities, and critical duties of each of the Project team members. The CMR shall, at each remaining design phase (i.e. 60%, 90% and 100% construction documents), review the plans and advise the City and the ArchitecUEngineer regarding the constructability of the design and of any errors, omissions, or conflicts it discovers. The CMR shall prepare an outline of proposed bid packages and detailed cost estimates, and advise the City regarding trends in the construction and labor markets that may affect the price or schedule of the Project. The CMR shall attend all Project related meetings. The CMR's Preconstruction Services shall be provided, and the City shall compensate the CMR for such services, based upon a fixed fee. At the conclusion of the Preconstruction Services, the CMR shall, without assuming the duties of the ArchitecUEngineer, warrant to the City, that the plans, specifications and other Contract Documents are consistent, practical, feasible and constructible, and that the Project is constructible within the contract time. The successful firm will be tasked with the following duties and responsibilities: Task 1-Coordination with the Design Professional: In providing the CMR's services described in this Agreement, the CMR shall maintain a working relationship with the Architect/Engineer. However, nothing in this Agreement shall be construed to mean that the CMR assumes any of the responsibilities or duties of the AlE. The CMR shall be solely responsible for construction means, methods, techniques, sequence and procedures used in the construction of the Project and for the safety of its personnel, property, and its operations for performing in accordance with the CMR's Agreement with the City. The AlE is responsible for the requirements of the Project as indicated in the Agreement between the City and the AlE The CMR's services shall be rendered compatibly and in cooperation with the AlE's services under the City. It is not intended that the services of the AlE and the CMR be competitive or duplicative, but rather be complementary. 51 RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE 42 Task 2 -Design Phase: Review of Design Documents, Scheduling, Estimating & Cost Control: The CMR shall meet with the Architect'Engineer and City representatives to review the most current ArchitecUEngineer's Agreement. The CMR shall ensure that the parties jointly review, modify as necessary, and agree to a single design schedule, to be called the revised most current ArchitecUEngineer's contract. The CMR, as a result of the above-noted review of the design documents and recommendations provided to the City, shall be fully responsible for the coordination of the drawings with the written specifications. This includes but is not limited to, the CMR's review of the construction documents in coordination of the drawings and specifications themselves, with the existing buildings and sites to ensure proper coordination and constructability and lack of connie!, and to minimize unforeseen conditions. The CMR shall, during this phase, be responsible for the proper identification and location of all utilities, services, and other underground facilities which may impact the Project. The CMR agrees specifically that no Contract Amendments shall be requested by the CMR or considered by the City for reasons involving conflicts in the documents; questions of clarity with regard to the documents; and incompatibility, or confiicts between the documents and the existing conditions, utilities, code issues and unforeseen underground conditions. Task 3 -Bid and Award Phase: The CMR shall prepare a Subcontractor's Prequalification Plan in compliance with the requirements currently determined by the City. The CMR shall submit to the City the CMR's list of pre-approved sub-contractors for each element of the Work to be sub-contracted by the CMR. This list shall be developed by the execution by the CMR of the sub- contractor's Pre-qualification Plan noted above. The City reserves the right to reject any sub-contractor proposed for any bid to be considered by the CMR. Any claims, objections or disputes arising out of the Pre-qualification Plan or list, are the responsibility of the CMR. The CMR shall hold harmless, indemnify, and defend the City, its employees, agents, and representatives in any matter arising out of the pre-qualification plan and/or the sub-contractor's list, except where the sole cause of the matter is a City directed decision. Task 4 -Guaranteed Maximum Price (GMP): After taking, reviewing and identifying the proposals from the responsive and responsible sub-contractors, the CMR shall propose to the City, a GMP, which shall be the sum of the proposed sub-contracts and the CMR's General Conditions (including any fee, profit, overhead and all like amounts) and the agreed upon Contingency amount. The GMP shall be the full and complete amount for which the CMR agrees to go forward from the receipt of sub-contract bids to the full completion of the Project. Prior to acceptance and execution of the GMP, the CMR shall submit a Best Value quality control plan that identifies risks and potential risks that the CMR does not control, or risk that is impacted by factors that the CMR does not control, and includes the CMR's plan to minimize that risk. A risk would be any existing or potential condition, situation or event that could negatively impact the project's ccst, schedule, quality and the City's expectations. Upon acceptance and execution of the GMP proposal, by the City, the CMR shall enter into sub-contract agreements with the sub- contractors selected for the amounts included in the GMP Proposal for that sub-contract work, and shall function as a General Contractor and comply with the Contract Documents accordingly with regard to the Project as well as a CMR with regard to other services required by the Contract Documents. Task 5-Construction Phase: Once the City has accepted the GMP, the City will issue a GMP Amendment which will include the Contract for Construction. CMR activities shall include, but are not limited to: • Coordinating site ccnstruction management services including but not limited to: regular job site meetings, maintaining daily on-site project log and schedule report, overseeing quality assurance, testing and inspection programs, monitoring construction management staff and sub-contractor work performance for deficiencies, maintaining reccrd copies of all contract documents, change orders and other documentation on site, overseeing construction management staff and subcontractor safety programs. • Staffing each assigned project in a satisfactory manner. As a minimum, the CMR site personnel during the construction phase will include: a full-time project manager, a full-time project superintendent and project administrative personnel. The CMR shall provide site personnel that are competent, English-speaking and able to communicate effectively. • Updating and maintaining master project schedules, detailed construction schedules, submittal schedules, inspection schedules and occupancy schedules. • Preparing a schedule of values associated with the bid package identified and submit it for approval by the Architect and City's representative(s). All payment requests must be in accordance with the schedule of values approved. • Processing payment requests for approval by the Architect and the City's representative(s). • Processing any change orders due to scope and modifications and shall submit it for approval by the Architect and the City's representative(s), including a cost estimate of the proposed change. • Processing requests for information and coordinate with the Architect 6 I RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE 43 ' ' ,, ' ' . BEACH • Providing construction program accounting and reporting to the City as required. • Monitoring for the presence of existing asbestos containing building materials and certify to the City that no asbestos containing material has been used. • Providing monthly progress reports to the City. • Submitting exception-based status reports, associated with the Best Value Quality Control Plan, addressing conditions, situations, and events that introduce risk to the project. in terms of cost, schedule, quality, and City's expectations, and including the CMR's plan to mitigate the risk (s). • Coordinating with the Architect and City representative(s) the substantial and final inspections, prior to the Architect's approval and issuance of the Certificate of Substantial Completion. Task 6-Post-Construction Phase: The CMR will coordinate project closeout, start-up and transition to operation, per the contract for Construction. Activities include but are not limited to: • The CMR shall coordinate project close-out, start-up and transition to operation. • The CMR will coordinate with the Architect to provide a complete project record including project manual and CADD drawings to show all construction changes, additions, and deletions compared to the Construction Document (CADD disks will be provided to the CMR by the Architect). • The CMR will coordinate with the City to prepare the Certificate of Final Inspection. • The CMR will obtain and review for completeness, have corrected if necessary, and submit to the City, following the Architect's approval, all Warranties, Operations and Maintenance Manuals, and other such documents. • The CMR is responsible to the City for Warranties and Guaranties. • The CMR will complete all punch-list items generated by Contractor during their inspections. • The CMR will coordinate and conduct the Occupancy Evaluation and Warranty Inspection. 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. TAB 1 Minimum Qualification Re uirements In accordance with the minimum qualifications established in Section II, submit verifiable information to document each of the minimum qualification requirements. Minimum qualification requirements will be evaluated by the Evaluation Committee. All information necessary for the committee to evaluate compliance with the established minimum qualification requirements must be contained in the proposal submitted, or submitted within two (2) days of request by the City. Failure to submit information in sufficient detail for the committee to evaluate compliance with minimum qualifications may result in proposal rejection by the committee. Proposals not deemed to be in compliance with the minimum qualification requirements by the Evaluation Committee shall not be further considered. TAB 2 • erience & Qualifications. 2.1 PROPOSING FIRM EXPERIENCE. It is a requirement of the project that the Proposer have sufficient experience, at the discretion of the City, to successfully complete the project. To that end, the Proposer shall provide the following. , 2.1.1 Firm Qualifications. Provide sufficient detail to demonstrate the firm's ability to provide mulli-disciplinary management in the areas of facility assessment, scope definition/validation, planning, public engagement, cost estimating, scheduling, quality control and assurance plan, building code review/inspection, design, construction, closeout, and warranty services. 2.1.1.1 Architectural exposed concrete experience. List the firm's successfully completed projects comparable in design, scope, size and complexity, undertaken in the past ten (1 0) years that have architectural exposed concrete as a major component. · 2.1.1.2 Experience in the coordination of multiple exposed building systems. List the firm's successfully completed projects comparable in design, size and complexity undertaken in the last five (5) years that have multiple exposed building systems. 2.1.1.3 LEED Experience. List the firm's successfully completed projects comparable in design, scope, size and complexity, undertaken in the past five (5) years that achieved a USGBC LEED certification or greater. 2.2 PROJECT TEAM MEMBERS. It is a requirement of the project that the Proposer's staff the project with competent individuals and ualifled su ervisor ersonnel. To that end, the Pro oser shall rovide the followin 7 I RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE 44 2.2.1 Organizational Chart. Provide an organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational background, work experience, employment history, and any other pertinent information, including LEED certification attained. Where applicable. proposed team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision. At a minimum, the Proposer shall include the following proposed project team members: • Project Manager. Provide a comprehensive summary of the experience and qualifications of the individual who will be selected to serve as the Project Manager. This individual must have a minimum of ten (1 0) years' experience in the management of construction projects, possess extensive knowledge in the management of construction projects, value engineering, working in a team environment, and is well versed in project schedules and budgeting. Furthermore, this individual should have served as Project Manager on projects having the same size and complexity, one of which is required to have achieved a USGBC LEED certification. • Construction Superintendent. Provide a comprehensive summary of the experience and qualifications of the individual who will be selected to serve as the Construction Superintendent. This individual must have a minimum of fifteen (15) years' experience in the management of construction projects, possess extensive knowledge in the management of construction projects, value engineering, working in a team environment, and is well versed in project schedules and budgeting. Furthermore, this individual should have served as Construction Superintendent on projects having the same size and complexity, one of which is required to have achieved a USGBC LEED certification. 2.2.2 Staffing Plan. A staffing plan that clearly illustrates the key elements of the organizational structure proposed to accomplish the management, design, construction, inspection and administrative services required. The staffing plan should indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Proposer shall clearly detail the role of all of the Sub-consultants and/or Sub-contractors proposed for the Project. 2.3 PAST CLIENT REFERENCES. Submit a minimum of five (5) references from past clients for which the Proposer has provided similar services as requested here. For each client reference, submit the following: • Project Description & Location. For each project submitted, submit contact information for the following: ./ Owner Or Agency ./ Architect Or Landscape Architect, Or Engineering Consultant ./ General Contractor (If Work Performed As A Sub Contractor) ./ Name Of General Contractor's Project Manager And Field Superintendent • Date Completed • Square Footage • Brief Description Of Work Performed • LEED Certification Level (Projected If Project Is Not Certified Yet) • Name Of Contractor's Designated Project Manager And Superintendent • Awarded Contract Amount And Final Contract Amount. Submit an Explanation Of Differences Between Awarded And Final Contract Amounts, If Difference Exceeded 5%. • Date Of Project Completion & Verification of Timely Completion. In addition to the references requested herein which the City may contact, the City reserves the right to utilize a third-party (e .. g, Rating Source, e-Vendor Check, etc.) for reference or background verifications. 2.5 LITIGATION HISTORY. Submit list of all pending or recent (within the last five years) litigation in which the firm, a project team member or any proposed sub-consultant has been named. 2.4 FINANCIAL CAPACITY. 2.4.1 D&B REPORTS. The prospective Provider shall pay D&B to send the Supplier Qualifier Report (SQR) to the prospective Provider and the Department through electronic means. The cost of the preparation of the D&B report shall be the responsibility of the prospective Provider. The prospective Provider shall request the report from D&B at https:/fsupplierportal.dnb.comlwebapplwcs/storesfservletfSupplierPortal?storeld=11696 In addition to the D&B information, the City may require proposers shall submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the submittal is from a co venture, each Proposers involved in the co venture must submit financial statements as indicated above. 2.4.2 BONDING CAPACITY. Submit written verification of bonding capacity equal or exceeding the amount of project budget by a licensed surety company rated excellent ("A" or better) in the current A.M. Best Guide and qualified to do business within the State of Florida. 81 RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PlACE 45 TAB 3 • e of Services & Methodolo 3.1 SCOPE OF SERVICES. Proposer will be required to submit a narrative of its team's approach to the project. This narrative should address: Task 1 -Coordination with the Design Professional Task 2-Design Phase: Review of Design Documents, Scheduling, Estimating & Cost Control Task 3-Bid and Award Phase Task 4-Guaranteed Maximum Price (GMP) Task 5-Construction Phase Task 6-Post-Construction Phase 3.2 PROJECT METHODOLOGY: Proposer will be required to submit a narrative of its team's approach to the project. This narrative should include: 1. A management plan including, techniques for 'partnering' with the community's merchants, tenants and residents and its approach to a project of this nature with construction activities as described in the Scope. 2. The Proposer shall provide a detailed description of the key Project activities, to include final design and construction activities approach, including coordination of multiple building systems. 3. The Proposer shall illustrate complete understanding of the scope of work for all components of the project. The narrative shall address methodology, site logistics, sequencing and phasing of the various work efforts. 4. The Proposer shall describe the efforts involved in coordinating with Florida Power and Light (FPL), AT&T and Atlantic Broadband (ABB). 5. Proposer shall clearly detail and present its approach to all required permitting issues, including but not limited to, water distribution system, stormwater drainage system, street lighting system, landscaping etc., relative to the applicable agency(ies) and entity(ies}, e.g. City of Miami Beach, SFWMD, FOOT, FDEP, USACOE, Miami-Dade County RER, Fl. Dept. of Health, etc. 6. Proposer shall describe their Quality Assurance I Quality Control Plan ("QA/QC Plan") for the Work, including design, construction, coordination, implementation and completion of the Project. The Proposer shall explain its QA/QC Plan and the plan for any of its subconsultants or Subcontractors, namely the policies and procedures that will be used to assure the complete and the accurate management of the Project. 3.3 RISK ASSESSMENT PLAN: Proposer will be required to submit a narrative of its team's approach to the project. This narrative should include: All Consultants must submit a Risk-Assessment Plan (RAP). The RAP must not be longer than two (2) pages front side of page only should be included within the RFQ response. The RAP should address the following items in a clear and generic language: 2.7.1 Potential project risks. (Areas that may cause the Contractor not to finish on time, not finish with budget, cause any change orders, or be a source of dissatisfaction with the owner) 2.7.2 Explanation of how the risks can be avoided/minimized 2.7.3 Propose any options that could increase the value of this project 2.7.4 Explain Proposer experience in avoiding or minimizing potential risks. 2.5 OTHER SUBMITTAL REQUIREMENTS: Proposer will be required to submit a narrative of its team's approach to the project. This narrative should include: SECTION V-EVALUATION J 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}. 91 RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE 46 ~ fi\iAt/d BEACH Step 1 · Qualitative Criteria Maximum Points Proposer Experience and Qualifications, including Financial Capability Approach and Methodology 50 40 TOTAL AVAILABLE STEP 1 POINTS 90 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 ( Local and Veterans Preference) D&B Supplier Risk Scores 10 Miami Beach-Based Vendor 5 Veterans and State-Certified Service-Disabled Veteran O&B Supplier Evaluation Report. The prospective Provider shall pay D&B to send the Supplier Qualifier Report (SQR) to the prospective Provider and the Department through electronic means. The cost of the preparation of the D&B report shall be the responsibility of the prospective Provider. The prospective Provider shall request the report from D&B at https :J/su ppl ierportal.d n b. com/webapp/wcs/sto reslservlet/Su pp I ierPo rtal?storeld=11696 In addition to the D&B information, the City may require proposers shall submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the submittal is from a co venture, each Proposers involved in the co-venture must submit financial statements as indicated above. Scores derived from the D&B Supplier Evaluation Report shall b d I d · d 'th th ~ II · f I e eve ope 1n accor ance w1 e o ow1ng ormu a: Sample Objective Formula for Supplier Risk Vendor Total Points D&B Awarded Risk Level Low (1-3.5) 10 Medium (3.6-6.5) 5 High (6.6-9) 0 At the conclusion of the Evaluation Comm1ttee Step 1 sconng, Step 2 Pomts w1ll be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to ran kings in accordance with the example below: Committee Member 1 Committee Member2 Rank 2 Low Aggregate Score 3 7 8 Fmal Ranking'* 1 2 3 • 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. 10 I RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE 47 ~ !';\I AI/\ 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 "B" as to management, and no less than "Class V" 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 JRD 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. 11 I RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE 48 SECTION VII -GENERAL CONDITIONS 1. GENERAL TERMS AND CONDITIONS. It IS the responsibility of the Proposer to become thoroughly familiar with the Proposal requirements. tenms and conditions of this solicitation. Ignorance by the Proposer of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Proposer. 2. DEFINITIONS. The following words, tenms and phrases, when used, shall have the meanings ascribed to them except where the context clea~y indicates a different meaning. a. Proposal -shall refer to any offer(s) submitted in response to this solicitation. b. Proposer /Contractor/Offeror-Any individual, finm. or corporation submitting a proposal for this Project acting directly or through a duly authorized representative. c. Proposal Solicitation -shall mean this solicitation documentation, including any and all addenda. d. Proposal Submittal Form-defines the requirement of items to be purchased, and must be completed and submitted with Proposal. The Proposer should indicate its name in the appropriate space on each page. e. City-shall refer to City of Miami Beach, Florida f. City Commission . City Commission shall mean the governing and legislative body of the City. g. City Manager -City Manager shall mean the Chief Administrative Officer of the City. h. Comparable Facility - A facility that. when considering size, use, revenue, and other applicable criteria, is similar to the Miami Beach Convention Center (MBCC) which includes 1.2 million gross square foot facility averaging a minimum of $6 million in annual gross food and beverage sales. Controlling Financial Interest -means the ownership, directly or indirectly, of 1 0% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a finm. j. Domestic Partner: The term Domestic Partner shall mean any two (2) adults of the same or opposite sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration. or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do nat register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. k. Enrolled Vendor-shall refer to a firm that has completed the City of Miami Beach Pre-Qualification process and has satisfied all requirements to enter into a business agreement with the City. Evaluation Committee • A committee of individuals appointed by the City Manager that may include City perscnnel, residents, industry experts and other individuals whose purpose is to evaluate the proposals received in response to this RFP and who may make a non-binding recommendation to the City Manager on the selection of a short-list of proposer (s) who the City Manager. at his or her discretion, may present to the City Commission for consideration and, if approved by the City Commission, who may be further considered during the contract negotiation phase. m. Firm -means a corporation, partnership, business trust or any legal entity other than a natural person. n. Negotiation Team • A committee of individuals appointed by the City Manager that may include City personnel, residents, industry experts and other individuals whose purpose is to negotiate a contract, after City Commission has approved a short-list of proposer (s), and who may make a non-binding recommendation to the City Manager on the selection of short-listed proposer (s) who the City Manager, at his or her discretion, may present to the City Commission for consideration and final award. o. Successful Proposer -shall mean the Proposer (s) recommended for award. 121 RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE 49 p. q. r. s. 3. 4. 5. 6. 7. 8. 9. Term Applicant -shall rnean an individual, partnership, or corporation, which submits an application 10 response to this solicitation. Responsible Proposer: A proposer who is qualified, as determined by the City, on the basis of the following criteria: • Whether the proposer can perfonm the contract within the time specified, without delay or Interference. The character. integrity, reputation, judgment experience and efficiency of the proposer . The quality of performance of previous contracts. The previous and existing compliance by the proposer with laws and ordinances relating to the contract Responsive Proposer • 8 proposer whose submittal is determined by the City to be in conformance with the conditions, requirements, and specifications detailed in the specifications. Vendor-a person and/or entity, which has been selected by the City as the successful proposer on a present or pending proposal for goods. equipment or services, or has been approved by the City on a present or pending award for goods, equipment or services, prior to or upon execution of a contract. purchase order or standing order. For additional information about on-line vendor enrollment or vendor pre-qualification, please contact Procurement at 1700 Convention Center Drive, Miami Beach, FL 33139; Phone 305-673-7490. Or email: procurement@miamibeachfl.gov Vendors can register with the City by going to the website: wv.w.miamibeachfl.gov and click on Procurement under City Departments. PRICES QUOTED. Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the proposalding specifications. In case of discrepancy in computing the amcunt of the proposal, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). Discounts for prompt payment; The Proposer may offer cash discounts for prompt payments: however, such discounts will not be considered in determining the lowest price during proposal evaluation. Proposers are requested to provide prompt payment tenms in the space provided on the Proposal submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be proposal separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in detenmination of award of proposal(s). TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. MISTAKES. Proposer s are expected to examine the specifications, delivery schedules, proposal prices. and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the proposer's risk and may result in the proposal being non-responsive. CONDITION AND PACKAGING. Proposer guarantees items offered and delivered to be the current standard production model at time of proposal and shall offer expiration dating of at least one year or later. Proposer also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacture~s standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Proposal, all manufactured items and fabricated assemblies shall be U.l. listed or re-examination listing where such has been established by UL for the item(s) offered and furnished. CITY'S RIGHT TO WAIVE OR REJECT PROPOSALS. The City Commission reserves the right to waive any infonmalities or imegularities in this Proposal; or to reject all proposals, or any part of any proposal. as it deems necessary and in the best interest of the City of Miami Beach. EQUIVALENTS. If a proposer offers makes of equipment or brands of supplies other than those specified in the Proposal specifications, he must so indicate in his proposal. Specific article(s) of equipment'supplies shall conform in quality, design and construction with all published claims of the manufacturer. 10. The proposer shall indicate in the Proposal Form the manufacture(s name and number if proposing other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Proposal. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE PROPOSAL. NO PROPOSALS WILL BE CONSIDERED WITHOUT THIS INFORMATION. 11. Lacking any written indication of intent to quote an alternate brand or model number, the proposal will be considered as a proposal in complete compliance with the Proposal specifications. 12. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Proposer s shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. 13. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a "first pliolity" under the emergency conditions noted above. 14. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not confomring to specifications, may be rejected and returned at the proposer 's expense. These items, as well as items not delivered as per delivery date in proposal and/or purchase order, may be purchased by the City, at its discretion, on the open market Any increase in cost may be charged against the proposer . Any violation of these stipulations may also result in the proposer's name being removed from the City's vendor list. 15. PRODUCT INFORMATION. Product literature, specifications, and technical infomration, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this proposal as an attachment to the "PROPOSAL FORM". However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. 16. SAMPLES. Proposals submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request be returned at the proposer's expense. Proposers will be responsible for the removal of all samples furnished within (30) days after proposal opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the proposer 's name. Failure of the proposer to either deliver required samples, or to clearly identify samples may be reason for rejection of the proposal. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 17. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Fliday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30A.M. to 5:00P.M. 18. INTERPRETATIONS. Any questions concerning the Proposal conditions and specifications should be submitted, in writing, to the City's Department of Procurement Management (DPM) 1700 Convention Center 131 RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE 50 Drive, Miami Beach, FL 33139.orfacsimile: 786-394-4075. 19. LATE SUBMISSION. All proposals received after the date. time. and place specified in the Proposal, 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 tor delays caused by mail, courier service, or any other entity or occurrence. Facsimile, electronic, or e-mailed proposals will not be accepted. 20. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful proposer until acceptance by the City, unless loss or damage results from the gross negltgence or willful misconduct of the City. 21. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the proposer's expense. 22. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Proposal specifications, free of damage or defect, and properly invoiced. 23. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 24. LEGAL REQUIREMENTS. The proposer shall be required to comply with all federal, State of Florida, Miami"Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the proposer with/of Applicable Laws will in no way be a cause for relief from responsibility. 25. PATENTS & ROYALTIES. The proposer shall indemnify and save harmless the City of Miami Beach, Flolida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including 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, including its use by the City of Miami Beach, Florida. If the proposer uses any design, device or materials covered by letters, patent, or oopyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost alising from the use of such design, device, or materials in any way involved in the work. 26. OSHA. The proposer warrants to the City that any work, services, supplies, materials or El{lUipment supplied pursuant to this Proposal shall conform in all respects to the standards set forth in the Occupaltonal Safety and Health Act of 1970, as amen<led, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the proposer. 27. MANNER OF PERFORMANCE. Proposer agrees to perfomn its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit or registration cunrently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of proposer to comply with this paragraph shall constitute a material breach of this contract 28. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 29. ANTI-DISCRIMINATION. The proposer certifies that he/she is in compliance with the non-discrimination clause contained in Section 202. Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color. religion, sex or national origin. 30. AMERICAN WITH DISABILITIES ACT. 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). 31. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where proposers are required to enter or go on to Ci~ of Miami Beach property to deliver materials or perform work or services as a resu~ of the Proposal, the proposer will assume lhe full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The proposer shall be liable for any damages or loss to the City occasioned by negligence of the proposer , or his/her officers, employees. contractors. and/or agents, for failure to comply with Applicable Laws. 32. PROPOSAL BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Proposal Bonds, when required, shall be submitted with the proposal in the amount specified in the Special Conditions. After acceptance of the proposal, the City will notify the successful proposer to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 33. DEFAULT. Failure or refusal of a proposer to execute a contract upon award, or withdrawal of a proposal before such award is made, may result in forfeiture of that portion of any proposal sure~ required as liquidated damages incurred by the City thereby: or, where surety is not required, failure to execute a contract as described above may be grounds for removing the proposer from the City's proposers list 34. CANCELLATION. In the event any of the provisions of this Proposal are violated by the proposer , the City shall give written notice to the proposer stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the Ci~, through its City Manager. may declare the contract in default and terminate same, without further notice required to the proposer Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract al any time and for any reason, without cause and for convenience. and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the proposer. 35. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show punchase order numbers and shall be submitted to the ordering City depa rtrnent. 36. SUBSTITUTIONS. The City WILL NOT accept substitute shipments of any kind. The proposer is expected to furnish the brand quoted in its proposal. Any substitute shipments will be returned at the proposer 's expense. 37. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the proposer 's facilities at any time, upon reasonable prior written or verbal notice. 38. PROTEST. In the event a prospective proposer wishes to protest any part of lhe General Conditions, Special Conditions and/or Technical Specifications contained in this it must file a notice of protest in writing to the Procurement Director, with a copy to the City Clerk, at least ten (10) business days prior to the Proposal opening date and hour specified in the solicitation. Any proposer , who has a substantial interest in, and is aggrieved in connection with the solicitation or proposed award may protest to the City Manager or his or her designee anytime until two (2) business days following the release of the City Manager's written recommendation to the City Commission, as same is set forth and 14[ RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE 51 released in the City Commission agenda packet, for award of the proposal in question in accordance with City of Miami Beach Ordinance No. 2002- 3344, which establishes procedures for proposal protests and which can be found on the Procurement website. Failure Ia file a timely notice of protest will constitute a waiver of proceedings. 39. CLARIFICATION AND ADDENDA TO PROPOSAL SPECIFICATIONS: If a proposer is in doubt as to the true meaning of the Proposal specifications, or other Proposal documents, or any part thereof, the proposer must submit to the City, at least ten (10) calendar days prior to the scheduled Proposal opening date, a request for clarification NO QUESTIONS WILL BE RECEIVED VERBALLY DR AFTER SAID DEADLINE. 40. Any interpretation of the Proposal, including, without limitation, responses to questions and request for clarification(s) from proposers, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The proposer shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a proposal non-responsive. 41. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Proposal. 42. Any questions or clarifications concerning the Proposal shall be submitted in writing to the Department of Procurement Management (DPM) 1700 Convention Center Drive, Miami Beach, FL 33139 with a copy to the City Clerk 43. DEMONSTRATION OF COMPETENCY. 44. Pre-award inspection of the proposer's facility may be made prior to the award of contract 45. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Proposal. 46. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Proposal. 47. The terms "equipment and organization•, as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. 48. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a proposer , including past performance (experience), in making an award that is in the best interest of the City. 49. The City may require proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual sou nee of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material confiicts between information provided by the source of supply and the information contained in the proposer 's proposal may render the proposal non-responsive. 50. The City may, during the period that the contract between the Ci~ and the successful proposer is in !once, review the suocessful proposer's record of performance to ensure that the proposer is continuing to provide sufficient financial support, equipment, and organization as prescribed in this proposal. Irrespective of the proposer 's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful proposer no longer possesses the financial support, equipment, and organization which would have been necessary during the proposal evaluation period in order to comply with the demonstration of competency required under this subsection. 51. DETERMINATION OF AWARD. Unless otherwise stated in the Special Conditions, The City Commission shall award the proposal to the lowest and best proposer . In determining the lowest and best proposer , in addition to price, there shall be considered the following: a. The ability, capacity and skill of the proposer to perform the contract. b. Whether the proposer can perform the contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgment, experience and efficiency of the proposer. d. The quality of performance of previous contracts. e. The previous and existing compliance by the proposer with Applicable Laws relating to the contract. 52. ASSIGNMENT. The successful proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without lhe prior written consent of the City. 53. LAWS, PERMITS AND REGULATIONS. The proposer shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 54. OPTIONAL CONTRACT USAGE. When the successful proposer (s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 55. SPOT MARKET PURCHASES. II is the intent of the City to purchase the items specifically listed in this Proposal from the successful proposer. However, the City reserves the right to purchase lhe items from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 56. ELIMINATION FROM CONSIDERATION. This proposal shall not be awarded to any person or firm who is in arrears to the City upon any debt. taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 57. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order far a given amount subsequent to the award of this Proposal. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low proposer meets specifications. 58. COLLUSION. Where twa (2) or more related parties each submit a proposal or proposals for any contract, such proposals or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such proposal or proposals. "Related parties" means proposer s or the principals thereof which have a direct or indirect ownership interest in another proposer for the same contract, or in which a parent company or the principals thereof of one (1) proposer have a direct or indirect ownership interest in another proposer for the same contract. Proposal or proposals found to be collusive shall be rejected. 59. Proposer s who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive propasalding may be terminated for cause. 60. DISPUTES. In the event of a conflict between the Proposal documents, the order of priority of the documents shall be as follows: 61. Any contract or agreement resulting from the award of this Proposal; then 62. Addendum issued for this Proposal. with the latest Addendum taking precedence; then 63. The Proposal; then 64. The proposer's proposal in response to the Proposal. 151 RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE 52 65. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Proposal opening because of a disability must contact the Procurement Division. 66. GRATUITIES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Proposal. 67. SIGNED PROPOSAL CONSIDERED AN OFFER. The signed proposal shall be considered an offer on the part of the proposer , which offer shall be deemed accepted upon award of the proposal by the City Commission. In case of default on the part of the successful proposer , after such acceptance, the City may procure the items or services from other sources and hold the proposer responsible far any excess cost occasioned or incurred thereby. 68. TIE PROPOSALS. In accordance with Florida Statues Section 287.087, regarding identical tie proposals, preference will be given to proposer s certifying that they have implemented a drug free worll place program. A certification form will be required. In the event of a continued tie between two or more proposer s after consideration of the drug free workplace program, the City"s Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between proposer s that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 69. DELIVERY TIME. Proposers shall specify in the attached Proposal Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges (For example, 12-14 days) will be accepted. 70. TERMINATION FOR DEFAULT. If the successful proposer shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Proposal and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the worll and/or services then remaining to be performed by giving written notice to the proposer of such termination, which shall become effective upon receipt by the proposer of the written termination notice. 71. In that event, the City shall compensate the successful proposer in aocordance with the term of the contract for all worll and/or services satisfactorily performed by the proposer prior to termination, net of any costs incurred by the City as a consequence of the default. 72. Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the proposer , and the City may reasonably withhold payments to the successful proposer for the purposes of set off until such time as the exact amount of damages due the City from the successful proposer is determined. 73. The City may, at its discretion, provide reasonable 'cure period" for any contractual violation prior to termination of the contract: should the successful proposer fail to take the corrective action specified in the C1ty's notice of default within lhe allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 74. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the worll and/or services then remaining to be performed, at any time, by giving written notice to the successful proposer of such termination, which shall become effective thirty (30) days following receipt by proposer of such notice. In that event, all finished or unf1nished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful proposer in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, worll and/or services actually performed by the successful proposer , and shall also compensate the proposer for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful proposer for any profits that the successful proposer expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful proposer upon a termination as provided for in this subsection. 75. INDEMNIFICATION. The successful Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Proposer or its employees, agents, servants, partners, principals or subcontractors. The successful Proposer shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successfu I Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Proposer shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement 76. MODIFICATIONIWJTHDRAWALS 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. 77. Proposals shall be irrevocable unUI 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. 161 RFQ 2013454-TC CMR SERVICES FOR COLLINS PARK PLACE 53 78. EXCEPTIONS TO PROPOSAL. Proposers are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Proposal. Proposers who fail to satisfy the requirements in this Proposal. may be deemed non-responsive and receive no further consideration. Should your proposed proposal not be able to meet one (1) or more of the requirements set forth in this Proposal and you ane proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of proposals The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of proposals. 79. FLORIDA PUBLIC RECORDS LAW. Proposers are heneby notified that all Proposal 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. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as other.vise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclose<J except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. APPENDIX A ~ MIAMI BEACH Proposal Certification, Questionnaire & Requirements Affidavit RFP 2013-454-TC CONSTRUCTION MANAGER AT RISK SERVICES FOR THE CONSTRUCTION OF THE COLLINS PARK GARAGE DEPARTMENT OF PROCUREMENT MANAGEMENT 1 700 Convention Center Drive Miami Beach, Florida 33139 54 ----------- Solicitation No: 2013-317ME Solicitation Title: Management and Opera~ons for Street Markets Procurement Contact Maria Estevez Tel: 305-1373-7234 I Email:mestevez@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: I No of Years in Business: I No of Years in Business Locally: I No. of Employees: I 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 C1ty reserves the nght to seek add1t1onallnformabon from proposer or other source(s), mcludmg but not l1m1ted 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. 55 2. 3. Miami Beach Based (LoTI) 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. 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. Pre~oser sl=lall Sl:lbmit at least three (a) references fer 'NI=Iem tl=le proposer has coA1pletea werk siA1ilar in si;ze ana nal~:~re as the werk referenced in solicitation. Maitionally, Preposer sheula pro•o'iae reference with the Contraoter Client S~:~r.·ey pro•,·iaed as an attachment to the solicitation, aml request that yeur reference subA1it the completed sup;ey to directly to tl=le eentractinfl e#icer named in the solicitation. IR erEier te he seRsidereEI, sur.reys must be seRt te the Presurement Division directly by tf:le referense. A minimum of three (3) references are req1:1irea. THIS SECTION IS SUPERCEDED BY REFERENCE REQUIREMENTS ESTABLISHED IN SECTIONV. SUBMITTAL REQUIREMENT: Propeser shall subrnil a miniml:lA1 of three (3) references, includinfl tl=le follewinfl infermatien: 1) Firm ~Jame, 2) Contact lndiviEII:lal ~Jarne & Title, 3) Adaress, 4) Telephone, 6) Centast's Email ana e) Narrative on Sco~e of Ser.rices Previaed. Additionally, each reference sl'lo1:1ld submit Contractor Client S1:1r.rey incl1:1dea in the solicitatien directl•t te tl=le CiW. Pref3oser may Sl:lBA1il adelitional references ana ask that aaaitional references subrnil client surlJOys as applicable. 7. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-rrforjance by any public sector agency? c===J YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that 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 even! of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in ITN. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. January 16, 2013 City of Miami Beach 56 RFQ No: 022-2013TC 19 of 29 9. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics {"Code") and submit that Code to the Procurement Division with its bid/response or within five {5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfi.gov/procurement'. 10. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13 {October 1, 2012), the hourly living rate will be $11.28/hr with health benefits, and $12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it detenmines it would not be fiscally sound to implement same (in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfi.gov/procurement'. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005- 3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly perfonming work on the contract within the City of Miami Beach. A Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? c:=J YES c:=J NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners• or to domestic partners of employees? c:=J YES 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 Health Sick Leave Family Medical Leave Bereavement Leave January 16. 2013 City of Miami Beach Firm Provides for Employees with Spouses Firm Provides for Employees with Domestic Partners 57 Firm does not Provide Benefit RFQ No: 022-2013TC 20 of 29 If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurementl. 12. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 2 Addendum 7 Addendum 3 Addendum 8 Addendum 4 Addendum 9 Addendum 5 Addendum 10 . . If additional confirmation of addendum IS reqUired, submit under separate cover . January 16. 2013 City of Miami Beach 58 Addendum 11 Addendum 12 Addendum 13 Addendum 14 Addendum 15 RFQ No: 022-2013TC 21 of 29 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this RFP, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFP is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be governed by and construed in accordance with the laws of the State of Florida. January 16. 2013 City of Miami Beach 59 RFQ No: 022-2013TC 22 of 29 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this I TN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the I TN, and any released Addenda and understand that the following are requirements of this SOLICITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative Title or Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: January 16, 2013 City of Miami Beach 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: 60 RFQ No: 022-2013TC 23 of 29 APPENDIX B ~ MIAMI BEACH -------·-··-······-··--·-· ---------------- Sample Construction Management at Risk Contract and Related Terms and Conditions & Forms ---------... .. ----------------------~~~~ RFP 2013-454-TC CONSTRUCTION MANAGER AT RISK SERVICES FOR THE CONSTRUCTION OF THE COLLINS PARK GARAGE January 16, 2013 City of Miami Beach DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 61 RFQ No: 022-2013TC 24of 29 ----- NOTE: THE SAMPLE CONTRACT. REQUIRED FORMS (E.G., BONDS) AND OTHER TERMS AND CONDITIONS ARE BEING REVIEWED AND FINALIZED WITH THE LEGAL DEPARTMENT. 62 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Issue A Request For Proposals For The Acquisition Of Emergency Shelter Beds To Serve The Homeless Population. Ke Intended Outcome Su orted: Reduce the Number of Homeless Supporting Data {Surveys, Environmental Scan, etc.): 42% of residents rate the City's ability to address homelessness as excellent or ood accordin to the 2012 Resident Satisfaction Surve . Item Summa /Recommendation: The City contracts with The Salvation Army and Miami Rescue Mission for emergency shelter beds to serve homeless persons engaged by the Homeless Outreach Office. The City's most recent contract with The Salvation Army terminated on September 30, 2013. At the July 17, 2013 Commission meeting, the Administration sought and obtained consent to issue a month-to-month extension of The Salvation Army contract to enable staff an opportunity to review the Request For Applications (RFA) for emergency shelter beds being issued by the Miami-Dade County Homeless Trust (Trust) in September 2013. While the City's homeless population is down to 106 persons as of the last Point-in-Time Homeless Census on August 29,2013, the need for shelter beds remains high. Upon review of the Trust's RFA, staff determined that its scope did not adequately address the need for critical interim measures to ensuring that clients are actively kept on track to successfully transition to permanent placement. Therefore, we recommend issuing a Request For Proposals (RFP) that addresses these issues. Among the specific items which were not included in the County's RFA but considered significant: • Requiring shelter providers to accept the initial care plan (terms of service) at the time of client's placement in shelter; • Provide weekly progress notes for clients placed in shelter; • Ensure that care plan timelines are being met; and • Notify the City if client is failing to meet the terms of his/her care plan including limelines, among others. In addition. we are seeking more specific information about the shelter facilities and their professional staff including: • Accessibility to public transportation; • Number of lower bunks beds available (as this is critical for elderly and mobility impaired clients); • Proximity of primary and secondary schools and/or experience and operational protocols working with homeless children attending Miami-Dade County Public Schools; • Experience and efficacy of employment placement services; and • Accessibility to Alcoholics Anonymous and similar support group meetings (either in-house or in close proximity to facility) to support sobriety goals for those facing addiction, among others. Conclusion and Recommendation: In support of the City's Key Intended Outcome to reduce homelessness and ensure that shelter beds align with our expanded protocols, the Administration recommends authorizing the issuance of an RFP for emergency shelter beds to serve the homeless o ulation. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: Amount n Total OBPI Financial Impact Summary: N/A Cit Clerk's Office Legislative Trackin Maria Ruiz, Extension 6491 artment Director Assistant City Manager MLR .~ AD T:\AGENDA\2013\0ctober MIAMI BEACH 63 Account Approved AGENDA ITEM _c_~_B __ DATE lo -16 ..-;:J ... MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov ISSION MEMORANDUM TO: Mayor Matti Herrera Bower and DATE: October 16, 2013 SUBJECT: REQUEST FOR APPROVAL TO SUE A REQUEST FOR PROPOSALS (RFP) FOR THE ACQUISITION OF ERGENCY SHELTER BEDS TO SERVE HOMELESS MEN, WOMEN AND FAMILIES. ADMINISTRATION RECOMMENDATION Approve the Resolution. BACKGROUND The City, through its Homeless Outreach Program, conducts outreach and engagement to identify homeless persons who are willing to accept shelter as a means of ending their personal homelessness. Last calendar year, the Outreach Program served 686 people, conducted 5,779 contacts and made 239 shelter placements. Historically, the City has purchased 31 beds from The Salvation Army for men, women and families with children and an additional15 beds for men from Miami Rescue Mission. The City's most recent contract with The Salvation Army terminated on September 30, 2013. The Miami Rescue Mission contract expires in 2014. Atthe July 17, 2013 Commission meeting, the Administration sought and obtained consent to issue a month-to-month extension of The Salvation Army contract to enable staff an opportunity to review the Request For Applications (RFA} for emergency shelter beds being issued by the Miami-Dade County Homeless Trust in September 2013. ANALYSIS While the City's homeless population is down to 106 persons as of the last Point-In-Time Homeless Census on August 29, 2013, many who remain face addiction, mental illness and often both conditions. The City has proactively engaged in developing strategic alliances with a variety of supportive service providers engaged in the Continuum of Care including population-specific shelters such as Lotus House as well as Homeless Trust-funded shelters such as Camillus House. However, the need for shelter beds remains high. The City has contracted with The Salvation Army for emergency shelter services since 2001. In 2003, the Commission approved the waiving of competitive bid requirements to increase the total number of contracted beds to 31 at The Salvation Army. The City has maintained these beds as well as those at Miami Rescue Mission since then. The Salvation Army provides a variety of services in conjunction with the provision of actual beds including meals, medical screenings, clothing and case management to assist the clients in obtaining employment, apply for entitlements and prepare to transition to permanent or supportive housing. Traditionally, the contracts for emergency shelter beds reflected those similarly issued though the Continuum of Care and adhere, at a minimum, to the Miami-Dade County Homeless Trust 64 Resolution authorizing the Issuance of a RFP for the Acquisition of Emergency Shelter Beds for the Homeless October 16, 2013 Page 2of2 Standards of Care. However, as we expand our efforts to address the needs of the chronically homeless, shelter services should incorporate additional interim measures (to ensure that homeless client make progress towards permanent placements) and cooperation between the City and shelter providers must grow to ensure that recidivists are properly served in subsequent engagements for service. Upon review of the Miami-Dade County Homeless Trust RFA, staff determined that its scope did not adequately address the need for critical interim measures (to ensure that clients are actively kept on track to successfully transition to permanent placement) and proscribed the reimbursement fees the County would pay for each bed (which may possibly limit the number of respondents who may offer additional services justifying a higher bed fee). Under the City's more proactive Care Coordination model, homeless clients are expected to adhere to a strict timetable of success benchmarks to ensure his/her successful transition to more permanent housing. These interim measures ensure that shelter beds are occupied by people who are actively seeking ways to eliminate their personal homelessness. Among the specific items we would like to include in the Request For Proposals (RFP) which were not included in the County's RFA but are considered significant in ensuring successful transitions: • Requiring shelter providers to accept the initial care plan (terms of service) submitted by the City at the time of client's placement in shelter; • Provide weekly progress notes for clients placed in shelter; • Ensure that care plan timelines are being met; and • Notify the City if client is failing to meet the terms of his/her care plan including timelines, among others. In addition, we are seeking more specific information about the shelter facilities and their professional staff including: • Accessibility to public transportation; • Number of lower bunks beds available (as this is critical for elderly and mobility impaired clients); • Proximity of primary and secondary schools and/or experience and operational protocols working with homeless children attending Miami-Dade County Public Schools; • Experience and efficacy of employment placement services; • Accessibility to Alcoholics Anonymous and similar support group meetings (either in- house or in close proximity to facility) to support sobriety goals for those facing addiction; and • Accessibility to counseling and mental health support services, among others. CONCLUSION In support of the City's Key Intended Outcome to reduce homelessness and ensure that shelter beds align with our expanded protocols, the Administration recommends adopting the resolution authorizing the issuance of an RFP for emergency shelter services. JLM\KGB\MLR Attachments T:\AGENDA\2013\0ctober 16\Sheller RFP Memo October 16 2013.doc 65 REQUEST FOR PROPOSALS (RFP) RFP 2013-228 ME FOR EMERGENCY SHELTER BEDS TO SERVE HOMELESS POPULATION (9 MIAMIBEACH DEPARTMENfOF PROCUREMENT MANAGEMENT, 3Ro Floor 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7 490 66 (9 MIAMIBEACH RFP 2013-228 ME FOR EMERGENCY SHELTER BEDS TO S'ERVE HOMELESS POPULATION TABLE OF CONTENTS Section I Overview & Proposal Procedures ................ . 3 Section II Minimum Qualifications Requirements ... 6 Section Ill Scope of Services ............................ . 6 Section IV Proposal Format .................... . Section V Evaluation/Selection Process~l ............. . ' : ; : 1 .~ tl' l'_."·~ ' :. ' Section VI Special Terms & Conditions: lnsuran~e ................. . Section VII Appendices: uestionnalre & tt,i,•:~.· ···,,:-·· 16 Separate Cover) 67 ----------- & MIAMIBEACH ~ City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfi.QQv PROCUREMENT DIVISION Tel: 305~73-7490, Fax: 786-394-4006 PUBLIC NOTICE !;e /'A!i\l'v\1 BEACH Sealed proposals, as detailed herein, will be received until 3:00 PM on, November 25, 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 3:00 PM ON THE PROPOSAL DUE DATE WJLL 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 PRGRQSER. THE CITY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY OTHE_ _ NTITYOR OCCURRENCE:-. - The City utilizes PublicPurchase for automatic notification of bid _ ~" any addendum to this RFP. This system allows vendors to regiSfer awards. Registration is available through www.publicpurchase.com. ities and 'dQcument fulfillment, including the issuance of nd rece 'T. otification of new blds,c. addendums and ;d-C Any prospective proposer who has received this RFP by any means other than h PublicPurchase must register immediately with PublicPurchase to assure receipt of any adderidti!]:lssued to this RFP. P _ ,,, 1 "tive proposers are solely responsible for assuring they have received any addendum issued to this RFP. failure to receive a'ft('f · ~~~-~Jfl may result in disqualification of proposal submitted. ·-'"•'>j' Proposers are hereby advised that this RFP is sub}ect to the following 6fCiin~s/re~olu t~ns, which may be found on the City of Miami Beach website: www.miamibea.c~fl.goy/procurement. ··· · • CONE OF SILENCE--ORDINAN. """ 0. 2002-3378 • PROTEST PROCEDURES--OR E NO. 2002-3344, • DEBARMENT PRoCEEDINGS--0 ANCE NO. 2000-"3234 • LOBBYIST REGISTAATJQN.AND Dl OSURE OF FEES :.:oRDINANCE NO. 2002-3363. • CAMPAIGN CONTRIBUTI~~ -~J~; · .. INANCE NO. 2003-3389. • REQUIREMEt'lT FOR CITY~' cf6 . 'RROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS - ORDINANCE NO. 200~3494 . • LQ~AL PREFERENCEEQ.~MIAMI -BASED VENDORS-ORDINANCE NO. 2011-3747. • ;PREFERENCE FOR FLtfRIDA SMALL: 'ESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE- . CERTIFIED SERVICE-DISABLED VETE . 'BUSINESS ENTERPRISES-ORDINANCE NO. 2011-3748. • CODE OF BUSINESS ETHICS-RESOLOTION NO. 2000-23879. All questions or requests.for clarifications must be received by the procurement contact named above no later than ten (10) calendar days prior to the scheduled RFP due date. The City Clerk, rafaelgranado@miamibeachfl.gov, must copied on any question or comment submitted in respons8.to]his RFP. All responses to questions/clarifications will be sent to Proposers in the form of a written addendum. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL PROPOSALS. Sincerely, Alex Denis, CPPO Procurement Director 1 I RFP 2013-228, Emergency Shelter Services for the City's Homeless Population 68 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochA.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305.673.7490 Fox: 786.394.4006 NOTICE OF NO RESPONSE If not submitting a Proposal at this time, please detach this sheet Jrom the RFP documents, complete the information requested, and return to the address listed above. NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/9R INDICATED: _ Not responding due to workload issues _,·· _ Not responding due to minimum qualificationsJ~~·~i're~~nts _ Not responding due to scope of services : .i{~z~ ~-.,. .. ~s~" '~r~, y _Not responding due to project's size and/or compl~··· _OTHER {Please specify) __ ___,.,.,....,....-----~~------ Note: Failure to respond, either by not submitting a proposal or this co~~p(: "'tm, may result in your company being removed from the City's bid list. =:: •. :~;:;c•" · · Wedo do . to be retained on yourmailing list for future proposals for the type or product and/or service. Signature: The City of Miami Beach is interested in improving the process through which it acquires required goods and services. Your feedback is important'Piease provide any comments or suggestions which may assist the City in this endeavor. including information on requirements, timelineSr~hd solicitation foll)is.- 2 ( RFP 20 13-228ME. Emergency Shelter beds for the Homeless Population 69 G lv\L<\iv\1 BEACH SECTION I· OVERVIEW AND PROPOSAL PROCEDURES A. INTRODUCTION I BACKGROUND The purpose of this notice is to solicit proposals to provide emergency shelter beds with care coordination services to homeless individuals from the City of Miami Beach in accordance with the priorities and goals identified in the City of Miami Beach 2008-2012 Consolidated Plan and the City's Key Intended Outcomes. The successful proposer will be able to demonstrate participation in the housing and delivery services network created by the Miami- Dade County Homeless Trust to address the needs of homeless individuals and families, including those with a history of substance abuse, mental illness, HlV/AIDS, and other special needs. The successful proposer will be required to comply, at a minimum, with the Standards of Car,~applying'lo Emergency Care Facilities, enacted by the Miami-Dade County Homeless Trust (Trust). A copy of the Standards of ./ · ay be obtained from the Trust offices or their website at www.miamidade.gov/homeless. All applications must demonstratE:( ;t,to which they support the goals of the local Continuum of Care Plan, and meet the priorities identified in this request forapplicatloiji; All Applicants will be required to participate in the Trust's Homeless Management Information System (HMIS) aop comply with establi~ . referrals. All applicants are strongly encouraged to accept shelter placements 24 hours per day. .. gf§c> .· '~ '~ Services must focus on stabilization, needs assessments and a housing plan leading to transitional or pe .aflent hqusing. These beds must be available for occupancy on January 1, 2014. ·~ .. ,;.:.d>'' J~~;;·\;" B. RFP TIMET ABLE The tentative schedule for this RFP is as follows: Pre-Proposal Mee' , Proposals Due Evafuatiori .Committee Review Tentative Commission Approval Authorizing Negotiations Contract Negotiations Fbljq'f.lirig Commission Approval ~-~~;;;~'t' ,~: :'. C. PROPO.SAlJ~~UI;I_ft1lSSJON cue· DATE ·-.-~-~~~· An original ang te'lf(1'or'~~sofcomplete Proposals, plus one el~tronic copy (CD or flash drive), must be received no later than 3:00 p.m. on th .h ed stated in Sectf ,. ' ), at the following address: ·,,, City of Miami Be 'ty Hall. ':,i:l::i< · · >;;;-~:; Procurement Divis1 Third Floor <~~;i'zoo Convention C Drive 'M:I"L.. each, Flori .'139 The original and all co' 7 cluding t11e tronic copy, must be submitted to the Procurement Division in a sealed package clearly noted with the Proposer's name;'~ress, ansL P number and title. No facsimile, electronic, or e-mail Proposals will be considered. THE RESPONSIBILITY FOR SU~MlTTING 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-41h Floor, Manager's Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida 33139 31 RFP 2013-228. Emergency Shelter Services for the City's Homeless Population 70 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) (2) Enter the MEETING NUMBER: 8982915# Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in Section E of this RFP expressing their intent to participate via telephone. E. CONTACT INFORMATION Contact: Telephone: Maria Estevez, CPPB, CPPO 305-673-7000, Extension 6558 Requests for additional information or requests for clarificaUons must be made in writing to the Procurement Division. Facsimile or e-mail requests are acceptable. Please send all questions and/or requests for clarifications to the contact named above, with a copy to the City Clerk's Office at Rafae!Granado@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 cor addenda issued prior to the deadline for responding to the RFP. Propos (whether verbal or written), other than those made in this RFP or in a .~ddendum"1 Procurement Division prior to submitting a Proposal that all addenda ha i··:: • en rec · G. CONE OF SILENCE Pursuant to the city's Cone Of Silence Ordinance, as codified in section 2-486 communications between the proposer, or their representaijves and 1} the Mayor and members of the City's Administrative staff (including but not ·limited to tile. City Manager and is prohibited. ·! • H. MODIFICATION/WITHDRAWALS OF PROPOSALS City Code, proposers are advised that oral • missioners and their respective staff; or 2) · · ~3) Evaluation Committee members, A Proposer may submit a modified Pro o replace all or any portion;cif a previousf{Si.Jomitted Proposal up until the Proposal due date .. ',,' ~ .. ~ u' ..... and time. Modifications received a e ~.1 due date and time: Will not be consid,ered. ·'''·"'• ""'''' f, ~·,,' ••• Proposals shall be irrevocabJErf.n · .. · ntract ~~i~~unless withdrawn i~.writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening ofif1Qposals witnout a contract award:~~!-elters of withdrawal received after the Proposal due date and before said expiration date, and letters.: · · ' · ed after contra· award will not be considered. 1. RFP POSTPONEMENT/CANe The City may, at its sOle ~hd absolute discreilo~:teject any and all, or parts of any and all, Proposals; re-advertise this RFP; postpone or cancel, atanY time, this RFP process; or waive an ··· ··· ulariti~s in this RFP, or in any Proposals received as a result of this RFP. J. COSTS INCURRED BY PROPOSERS All expenses involved with the preparatib~ tmd submi~sion of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall peat the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. K. EXCEPTIONSl'JtBFP Proposers must clearly indicate any .~xceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). L. FLORIDA PUBLIC RECORDS LAW Proposers are hereby notified that all Proposals including, without limitaUon, 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. 4 I RFP 2013-228ME, Emergency Shelter beds for the Homeless Population 71 M. NEGOTIATIONS The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties. N. PROTEST PROCEDURE Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings established pursuant to the City's bid protest procedures (Ordinance No. 2002-3344), as codified in Sections 2-370 and 2-371 of the City Code. Protests not timely made pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 0. <JBSERVANCE OF LAWS Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). lgn()hmce of the~~~(~) 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 follow· withdrawal of a Proposal before such award is made and approve liquidated damages to the City. Where surety is not required, such 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, ag ,c ... jmmediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Mi~mi Beach . .further, all Proposersmi!:§t 9is~lose the name of any City employee who owns, either directly or indirectly, an interest of ten (1 0%) percentofioore in the Proposer eq!J!Yr<>f· any of its affiliates. . )/:;/ R. PROPOSER'S RESPONSIBILITY Before submitting a Proposal, each Drn""'"'"'• shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems . all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and req 1 make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to all provisions arid requirements of the contract, and will not be accepted as a basis for any subsequent claim ·· ry consideration on the part of the Proposer. S. RELATIONSHIP TO THE It is the intent of the~!t~~ctprqposers contractor, aru;t.fhat heltffefthe pfoposer, considere · : ployees or agents' otthe City. ~~:~ l'lf'icMu;lP:~ifll:i:''~~~;~~~p~ .. that the successful Proposer is considered to be an independent agents, and/or contractors, shall, under any circumstances, be T. ~~~ENTITY CRIME ~ A person or a : ;;~ho has been placedOO:ithe con ted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provi~,,, . goods or servid~~jto a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public bui r public work, .tf@'y not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, s sub-contraqf6r, or consultant under a contract with a public entity, and may not transact business with any public entity in excess oft ·. ol~l:~ount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicte ... .::itst. ":;\~;-:':· U. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their Proposals, in the event of such non-compliance. V. CONE OF SILENCE This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their Proposal voidable, in the event of such non-compliance. 5 I RFP 2013-228ME, Emergency Shelter beds for the Homeless Population 72 W. DEBARMENT ORDINANCE This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted pursuant to Ordinance No. 200-3234, and as codified in Sections 2-397 through 2-406 of the City Code). X. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. Y. CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with .trr~ _hall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or withi~~~~ye(5) days~upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable go others, the conflict of interest lobbying and ethics provision of the City of Miami Beach a and regulations including, among nty. ~-F> Z. AMERICAN WITH DISABILITIES ACT (ADA) +tHE;:·: .. Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in''advance when possible), or information on access for persons with disabilities. For more information on ADA compliance. please call the Pub!j~ arks gepartment, at 305-673-7000, Extension 2984. . ·: l:: · AA. ACCEPTANCE OF GIFTS, FAVORS, SERVICES __ ::~ Proposers shall not offer any gratuities, favors, or anything of monetary value to any otliCfal, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant t ec. 2-449 of the City Code,JlO officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly . . ~nee him in the discharg~ pf his official duties. BB. METHOD OF AWARD The final ranking results of Step 1 & 2 outlined in S · .. on , : .·. JJf Proposals, will be considered the City Manager who may recommend to the City Commission the proposer(s) s/he . . ·~if();· · ~·best interest of the City or may recommend rejection of all proposals. The,Clty Manager's recomme ~ · ~:ifleed nof ·rstent with the scoring results identified herein and takes into consideration Mral!li·Beach City Code Sectf' 69, including , following considerations: ·' .. '•, '.· (: (1) The ability, capacity and skiH of the proposer to pt;~J:form the contract. <:f;ii (2) Whether the proposer can perform the contract wit·· th~, time specified, without delay or interference. (3) The character, int~rity, reputatioo,,ju~gment, exp te and efficiency of the proposer. (4ji"~Q@lity of perfo~~nce ofpr~~ibuscontracts.; ":,':1~{gr11f~~r~i@s ;;rnd exi~tfrig compliance by the proposer with laws and ordinances relating to the contract. ~";~ > -~,:-.·--·/,i:·;i· "· ', ~ider the City Mcmager's recommendation and may approve such recommendation. The City · ···· , reject th~.pity Manager's recommendation and select another Proposal or Proposals which it he City, orlt may also reject all Proposals. Upon approval of selection by the City Commission, e selected Proposer(s) will take place to arrive at a mutually acceptable Agreement. The purpose of this notice is to solicit proposals to provide emergency shelter beds with care coordination services to homeless individuals from the City of Miami Beach in accordance with the priorities and goals identified in the City of Miami Beach 2008-2012 Consolidated Plan and the City's Key Intended Outcomes. Proposers must meet and continue to meet during the duration of this contract, the federal definition of emergency shelter in accordance with 24 CFR Part 91: Any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless. 6 I RFP 2013-228ME, Emergency Shelter beds for the Homeless Population 73 The successful proposer will be able to demonstrate participation in the housing and delivery services network created by the Miami-Dade County Homeless Trust to address the needs of homeless individuals and families, including those with a history of substance abuse, mental illness, HIV/AIDS, and other special needs. The successful proposer will be required to comply, at a minimum, with the Standards of Care applying to Emergency Care Facilities, enacted by the Miami-Dade County Homeless Trust (Trust}. A copy of the Standards of Care may be obtained from the Trust offices or their website at www.miamidade.gov/homeless. All applications must demonstrate the extent to which they support the goals of the local Continuum of Care Plan, and meet the priorities identified in this request for applications. All Applicants will be required to participate in the Trust's Homeless Management Information System (HMIS) and comply with established referrals. All applicants are strongly encouraged to accept shelter placements 24 hours per day. Services must focus on stabilization, needs assessments and a housing plan leading to transitional or permanent housing. These beds must be available for occupancy on January 1, 2014. Proposers must be able to provide the following for clients served under this notice: • Agree to accept the initial care plan submitted by the City at the time of client's placement in shelter; • Provide weekly progress notes for clients placed in shelter; • Amend the client's care plan with timelines, as necessary and approp n~ure the client's suce~ssf!JI transition; • Ensure that care plan timelines are being met; . • Notify the City if client is failing to meet the terms of his/her carg:piah including timelines; • Share all client case notes created during client's stay at sheueF,~· · · ' • Notify the City of the client's discharge and destination. Proposers are asked to provide the following regarding their facilities and profession • Languages spoken by staff; • Hours of business operation, client intake, and client curfews; • Accessibility to public transportation; • Number of lower bunks beds available under this notice; ··· · • Proximity of primary and secondary schools and/or experience and operational protoc working with homeless children attending Miami-Dade County Public Schools; • Experience and efficacy -. serviceS,E" . •. · • Accessibility to Alcoholi _ . ······•··•·•···• •.•.. similar support gfoup meetings {either in-house or in close proximity to facility); • Accessibility to support services; and • Additional in-house'or · support the successful transition of clients from shelter to permanent housing. men and families with children. While the majority of beds are -·.,...,..~,..·-configuration may be served. The flexibility of configuration for in advance the number of individuals and families to be served or their that up to 50% of beds will serve women and families with children. In order to maintain comparability, facilifate the 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 ~__;;!hree (3} ring Ri~der and should be tabbed as enumerated below and contain a table of contents with page references. Electronic copfesshould also betabbed and contain a table of contents with page references. Submit detailed verifiable information affirmatively documenting compliance with minimum eligibility requirements established in Section II: N/ A 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: • Meet and continue to meet during the contract the federal definition of emergency shelter in accordance with 24 CFR Part 91: Any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in eneral or for s ecific o ulations of the homeless. 71 RFP 2013-228ME, Emergency Sheller beds for the Homeless Population 74 • Documentable, proven track record of providing the scope of services similar as identified in this solicitation. • Providing similar scope of services to public sector agencies. • Financial capacity to perform services outlined in the RFP including, but not 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 facto be assessed. · TAB 3 I Submit detailed information on how proposer plans to accomplish the required. scope including information, as applicable, on proposed solution(s), approach and methodology to pro·em implementation, project timelfne ~cj any other factor that may impact the successful completion of the project. ~·· · Submit a detailed proposed statement of work, categorized by specific deli services in the timeliest manner possible. TAB4 Submit completed and executed Cost Proposal {Appendix C). Proposer must proposed a daily bed rate and must include thP.:srJP.cil~r. .. ,,,..,;.,.., .. coordination cloth timelines for service de live SECTION V-EVALUATION I SELECTION PROCESS The procedure for response, evaluation and s~I~Jion will be as follows: ·· acc:;omplish the required scope of and type of meals, care 1. An Evaluation Commitl:e'e, appointea~l?i the City Manager,. shall meet to evaluate each Proposal in accordance with the requirements set forth iri·the RFP. lfflii1her information is desired, Proposers may be requested to make additional written submissions or oral preseri.fations to the Evaluation Committee. Tile evaluation of proposals will proceed in a two-step process. 2. The first step will consist of tne qualita~~ <:riteria listed below toJ;e considered by the Evaluation Committee. The second step will consist ot~.Jl!i~tive criteria established beloY(~"'be added to the Evaluation Committee results by the Department of Procur~ITlentMatiagemeot ··~· ' ': :' ~ > " •• • '~ ' • >" ;--~-- ' Evaluation. An~~~luation Committee, a,ppointed by the City Manager, shall meet to evaluate each Proposal in with the qualifica~ons criteria established below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee and score all proposals received, with or without conducting interview sessions; or all proposals r~ived and short-list one or more proposers to be further considered during subsequent interview (using the ~~01e criteria). Step 1-Qualitative Criteria Maximum Points Proposer Exp~nce and Qualifications, including Financial Capability Scope of Services Approach and Methodology 30 30 25 TOTAL AVAILABLE STEP 1 POINTS 85 3. 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 sl RFP 2013-228ME, Emergency Shelter beds for the Homeless Population 75 Cost Proposal 15 Local and Veterans Preference Miami Beach-Based Vendor 5 Veterans and State-Certified Service-Disabled Veteran 4. The cost proposal points shall be developed in accordance with the following formula: Vendor Vendor Example Maximum Formula for Calculati Total Points Cost Allowable Points (lowest cost I cost of Awarded Proposal Vendor A $100.00 15 Vendor B $150.00 15 Vendor C $200.00 15 o·:·2;.,;· 5. At the conclusion of the Evaluation Committee Step 1 scoring~: Step 2 Point~ will be added to e' alu.ation committee :sCi to rankings in member's scores by the Department of Procurement Management Step 1 and .2 scores will be co accordance with the example below: ,. · · · '"""'''""'".,~'"'to the City Manager for further due diligence and recommendation to r,..n,m<ceJni"\ nal Ranking dc>es not constitute an award recommendation until such time made his recommendation to the City Commission. SERS SHALL BE DEEMED TO UNDERSTAND AND AGREE THAT NO PROPERTY KIND SHALL BE CREATED AT ANY POINT DURING THE AFORESAID AND UNLESS A CONTRACT HAS BEEN AGREED TO AND SIGNED BY BOTH 9 I RFP 2013-228ME, Emergency Sheller beds for the Homeless Population 76 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 Persq[lal 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 B~ach must be shown as an c. additional insured with respect to this coverage. · ' ',:,. ~ '. Automobile Liability Insurance covering all owned, non..awned the work, in an amount not less than $1,000,000 combined property damage. ' i·~ . ~. ired·vehicles usedlan connection with occurrence tor-bodily injury and All insurance policies required above shall be issued by l"r.rrm!:lr ness under the laws of the State of Florida, with the following qualifications: The company must be rated no less than ~f3" as to management, strength, by the latest edition of Best's lnsura.nce Guide, published Jersey, or its equivalent, subject to the appro~a.l of the qty Risk 1\n.,.,.,,,.,,,..,,.,"., or than "Class V" as to financial Company, Oldwick, New The company must hoi ~Qrida Certificate of. Authority as shown in the latest "List of All Insurance Companies Authori .... ' Vif4Jo Do Business in Florida" issued by the State of Florida Department of Insurance and a(Etm~mbers of ttUfFiorida Guaranty Fund. Certificates will indicate no moCIItiCCitt.on in insurance shall be made without thirty (30) days in advance notice to the certificate holder. Cl. MIAMI BEACH 170 CONVENTION CENTER DRIVE i JRD FLOOR MIAMI BEACH, FL 33139 ToOoOCOoOOO ,, ' Compliance with the foragoing reqOftements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 10 I RFP 2013-228ME, Emergency Shelter beds for the Homeless Population 77 SECTION VII-GENERAL CONDITIONS 1. 2. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Proposer to become thoroughly familiar with the Proposal requirements, terms and conditons of this solicitation. Ignorance by the Proposer of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Proposer . DEFINITIONS. The following words, terms and phrases, when used, shall have the meanings ascribed to them except where the context clearly indicates a different meaning. a. Proposal -shall refer to any offe~s) submitted in response to this solicitation. b. Proposer /Contractor/Offeror -Any individual, firm, or corporation submitting a proposal for this Project acting directly or Ill rough a duly autllorized representative. c. Proposal Solicitation -shall mean this solicitation documentation, including any and all addenda. d. Proposal Submittal Form -defines the requirement of items to be purchased, and must be completed and submitted with Proposal The Proposer should indicate its name in the appropriate space on each page. e. City-shall refer to City of Miami Beach, Florida 1 f. City Commission -City Commission shall mean I ' · and legislative body of the City. g. City Manager -City Manager shall mean Administrative Officer of the City. h. Comparable Facility - A facility that. when consideri . . use. revenue. and other applicable criteria, is similar td~,ltle Miami Beach Convention Center (MBCC) which includes '1;~. million gross square foot fa<:ilijy averaging a minimum of million in annual gross foodahd l)everage sales j. Controlling Financial Interest ~ means the ownership, directly or indirectly. of 10% or more of the oiJtstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. Domestic Partner: The term D()mestic Partner shall mean any two (2) adults of the same or opP,Qsilf:l sex, who have:tegls.tered as.;t,ornas~rtners with a go~rnen~ body purnuaii@~~fute ?r-!QCal:faiiJ.!,UihOrtzing such registration, or w1th an 1n!emal /;'''!registry mairitamed by'lhe employer of at least one of the '" domestic partners. A Contractor may institute an internal registry ''. .. to allow tor the provision of. equal benefits to employees with • · .. domestic partner who do riof~ter their partnerships pursuant ,;,':tQ!J governmental body auth·~ such registration, or who are "1.:· w.. in a jurisdiction where:::flt)'::$uch governmental domestic · exists. %. k. dor-shall refer m firm that has completed the City of ach Pre-Qual~on process and has satisfied all require~ to enter into.';''business agreement with the City. ' ; : : : ' :,•,. ·"6l:::::c . Evaluation Conirit~ ~·'A''ccmmittee of individuals appointed by the City Manage'ff\af may include City personnel, residents, industry experts alii( other individuals whose purpose is to evaluate the proposals received in response to this RFP and who may make a non-binding reccmmendation to the City Manager on the selection of a short-list of proposer (s) who the City Manager, at his or her discretion, may present to the City Commission for consideration and, if approved by the City Commission, who may be further considered during the contract negotiation phase. m. Firm -means a corporation, partneiShip, business trust or any legal entity other than a natural person. n. Negotiation Team - A committee of individuals appointed by 0. p. q. s. 4. 5. the City Manager that may indude City peiSonnel. residents. industry experts and other individuals whose purpose is to negotiate a contract, after City Commission has approved a short-list of proposer (s), and who may make a non-binding recommendation to the City Manager on the selection of short- listed proposer (s) who the City Manager, at his or her discretion. may present to the City Commission for consideration and final award. Successful Proposer -.shaH mean the Proposer (s) recommended for award. · Term Applicant .. :-c. shall mean an individual. partneiShip, or corporation, whicl{ submits an application in response to this solicitation. · · · · · · · ·~·-·· Responsible Proposer~· A proposer who is qualified, as determined by the City, on the basis of the following criteria: • -.. '~Whether the proposer can perform tlle contract within the time ·:;,:j::~cified, without delay or interference. TtiEl'character, integrity, reputation, judgment, experience and efficiency of the proposer . ··:·,, The t{uality of performance of previ~~ntracts. The p~v!qus and existing compliance by lhe proposer with laws,~ ~irances relating to the contract · ~~~. Propo~r - A proposer whose submittal is determined lty to be in conformance with the conditions. requirements, and · ns detailed in the specifications. Vendo(l'il pe~on and/or entity, which has been selected by the City as the succesimit;proposer on a present or pending proposal for goods, equipriie!)f.~£1!.~. or has been approved by the City on a present or pending·~· for goods. equipment or services, prior to or n execution of ~~ntract, purchase order or standing order. ditlonal iritormation about on-line vendor enrollment or ··pre.;qi.iatification, please contact Procurement at 1700 Conveiifion Center Drive, Miami Beach, FL 33139; Phone 305-673- 7490. Oi'emall: procu;ement@miamibeachfl.gov Vendors can register with the City by going to the website: '1\WW.miamibeachfl.gov and click on Procurement under City Departments. PRICES QUOTED. Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the proposalding specifications. In case of discrepancy in computing the amount of the proposal. the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). Discounts for prompt payment The Proposer may offer cash discounts for prompt payments: however, such discounts will not be considered in determining the lowest price during proposal evaluation. Proposer s are requested to provide prompt payment terms in the space provided on the Proposal submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be proposal separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of proposal(s). TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. MISTAKES. Proposers are expected to examine the specifications, delivery schedules, proposal prices, and extensions. and all instructions pertaining to supplies and services. Failure to do so will be at the proposer 's risk and may resutt in the proposal being non- responsive. 6. CONDITION AND PACKAGING. Proposer guarantees items offered and delivered to be the current standard production model at time of proposal and shall offer expiration dating of at least one year or later. Proposer also guarantees items offered and delivered to be new, 11 I RFP 2013-228ME, Emergency Shelter beds for the Homeless Population 78 7. 8. 9. unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promp~y at no challJe to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. UNDERWRITERS' LABORATORIES. Unless otheiWise sUpulated in the Proposal, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by UL for the item(s) offered and furnished. CITY'S RIGHT TO WAIVE OR REJECT PROPOSALS. The City Commission reserves the right to waive any infomnalities or irregularities in this Proposal; or to reject all proposals, or any part of any proposal, as it deems necessary and in the best interest of the City of Miami Beach. EQUIVALENTS. If a proposer offers makes of equipment or brands of supplies other than those specified in the PI"OIXlSal specifications, he must so indicate in his proposal. Specific article(s) of equipmentJsupplies shall conform in quality, design and construction with all published claims of the manufacturer. 10. The proposer shall indicate in the Proposal Form the manufacturer's name and number if proposing other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Proposal. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications. and MUST BE INCLUDED WITH THE PROPOSAL NO PROPOSALS WILL BE SIDERED WITHOUT THIS INFORMATION. 11. Lacking any wlitten indication of intent to quote an alterna model number, the proposal will be considered as a p complete ccmpliance with the Proposal specifications , .. 12. Note as to Brand Names: Catalog numbers, manufacturers' and.'mand names, when listed, are informational guides as to a standai'a;;-of acceptable product quality level only and should not be ccnstrued"'~ an endorsement or a product lirnilatidrtot recognized and legitimaiEi:I•;,;~;,. manufacturers. Proposers shall furma!ly substantiate and verify that :: . product(s) offered ccnform with or exceed quality as listed in the ·:~·· specifications. ··~·:• accompanied with detailed specifications. Samples of items, when required. must be furnished free of expense and, if not destroyed, will, upon request, be returned at the proposer's expense. Proposers will be responsible for the removal of all samples furnished within (30) days after proposal opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the proposer 's name. Failure of the proposer to either deliver required samples, or to clearly identify samples may be reason for rejection of the proposal. Unless otherwise indicated, samples should be delivered to the Procurement Division. 1700 CAlnvention Center Drive, Miami Beach, FL 33139. 17. DELIVERY. Unless ~~i'dale~f delivery is specified (or if specified delivery cannot b$,J.me\), show number of days (in calendar days) required to ma_k! ' =·. after receipt of purchase order. in space provided. 9fll/ may become a basis for making an award. Delivery .st:@f nomnal working hours of the City using Departmeijt; Monday . Friday, excluding holidays. Receiving hours are M>nday througti''frlda), excluding holidays, from 8:30 A.M. to5:00 P.M.' • ' '.,, ·,_.;_· . 18~'-INTERPRETATIONS. Any que ,_'. i'• ccnditions and specifications should'" City's Department of Procurement . Convention Center Drive, Miami Beach, FL ~94-4075. nceming the Proposal itted, in writing, to the {DPM) 1700 .or facsimile: 786- 19. lATE SUBMISSION. All proposals received after the date, time, and place specified in the Proposal, will be returned to the proposer unopened, and will not be ccnsidered. The responsibility lor submitting proposals befonlc the stated time and dale is solely the responsibility of the proposer .. ~.City will not be responsible for delays caused by mail, courier service, l?r ariy other entity or occurrence. Facsimile, electronic, or e-maife:d:proposals will not be accepted. .ECTION, ACCEPTANCE & TITLE. Inspection and acceptance !le$UilaUon, unless otheiWise provided. Title to (or risk of loss ... ..··· amage to) all items shall be the responsibility of the succe~~fuf proposer until acceptance by the City, unless loss or damag'e results from the gross negligence or willful misccnduct of the City. 13. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation thai before, during, pnd after a public emergency, disaster, hurlicane, tornado, flood; ofolber acts of force majeure that \1~~~··· If any equipment or supplies supplied to the City are found to be defective, or do not ccnform to the specifications. the City reserves the right to cancel the order upon written notice to the seller, and return the City o( Mia. < , Flolida shcitL~We a 'First PiioiitY." fi:l( an~ good~;.;~'". W:~re9 under any award resulting frr:lm"fhis" soJiCital!on, inclu 'lllncif(ltline items as applicable. It is vital and iril'J)erative that the maforfty bf citizens are protected from any fHC~IlJency situation that thfeatefta, public health and safety, as et'' ·t<; ined by the City. By virtu, bmitting a response to this vendor agrees to pr award-related goods and e City on a 'first priori ' r the emergency conditions ', ,ri~~~~-~, , 14. NON·CONF~CE TO CONT ONDITIONS. Items may be tested for ~. with specif( ns. Items delivered, not ccnforrning to s~s. may;;l:l1l rejected and returned at the proposer's expense. ' · · · ,·as well as items not delivered as per delivery date in pro and/or purchase order, may be purchased by the City, at Its discretion, on the open market. Any increase in cost may be charged against the proposer. Any violation of these sUpulations may also result in the proposer 's name being removed from the City's vendor list 15. PRODUCT INFORMATION. Product literature, specifications, and technical infonmation. including Manufacturers Safety Data Sheets (MSDS) should be provided with this proposal as an attachment to the "PROPOSAL FORM'. However, in all cases must be provided within five (5} calendar days upon request from Purchasing Agent 16. SAMPLES. Proposals submitted as an "equar product must be ~~<· F the product, at the proposer's expense. 22. PAYMENT. Payment will be made by the City after the ~ems have been received, inspected, and found to comply with Proposal specifications. free of damage or defect, and properly invoiced. 23. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 24. LEGAL REQUIREMENTS. The proposer shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the proposer with/of Applicable Laws will in no way be a cause lor relief from responsibility. 25. PATENTS & ROYALTIES. The proposer shall indemnify and save harmless the City of Miami Beach. Florida, and its officers. employees, ccntractors, and/or agents, from liability of any nature or kind. including 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 ccntract, including its use by the City of Miami Beach, Florida. If the proposer uses any design, device or materials covered by letters, patent. or ccpyright, it is mutually understood and agreed, without exception, that the proposal plices shall include all royaiUes or cost alising from the use of such design, 12J RFP 2013-228ME. Emergency Shelter beds for the Homeless Population 79 device, or materials in any way involved in the work. 26. OSHA. The proposer warrants to the City that any work, services, supplies, materials or equipment supplied pu~uant to this Proposal shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condiUon will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the proposer. 27. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Proposer agrees that the services provided shall be provided by employees that are educated. trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currenUy required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of proposer to oomply with this paragraph shall oonstitute a material breach of this contract. 28. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 29. ANTI-DISCRIMINATION. The proposer certifies that he/she is in oompliance with the non-<liscrimination clause contain~ in Section 202, Executive Order 11246, as amended by Executive Order 11375, relaUve to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. :; . 30. AMERICAN WITH DISABILITIES ACT. To request this matilllill in accessible formal sign language interprete~. information on a~ss for persons with disabilities, and/or any accommodation to review any document or participate in any city_:§POnSOred proceeding, please oontact 305-604:2489 {voice)~}J54l?f.il~~~,(fax) or 305-673-7218 (TTY) five days m advance,.gpnmate yoor·~est. TTY users may also call711 (Florida Relay .· rvice). ', :,::'i~}1, 31. LIABILITY, INSURA~lh' . AJ~:PERMITS. Where proposer s are required to· or go on tel~ ity of Miami Beach property to deliver materials or~ ·· rk .· a result of the Proposal, the proposer will a expense of ob,talnirlg all necessary and assure all work catnPIIes with all shaD be liable for any damages or loss negligence of the proposer , or hislh c®tracto~. and/or agents, fodailure t9 comply w 32. P~OPOSAL BONDS, PERFORMANC~BONDS, CERtli=ICATES OF INSURANCE. Proposal Bonds, whef1~Uired, shaltl:i'e submitted with the proposal'ln the amount specified In the Special Conditions. After acceptance~otlhe proposal, the City wro rioUfy the successful proposer to submit a llerforf11ance bond and·: certificate of insurance in the amount specified in~ Special ConditiOns. 33. DEFAULT. Failure oi'refusatof a proposer to execute a contract upon award, or withdrawal of a proposal before such award is made, may result in forfeiture of that portion of any proposal surety required as liquidated damages incurred by the City thereby; or, where surety Is not required, failure to execute a contract as described above may be grounds for remoYing the proposer from the City's proposers list. 34 CANCELLATION. In the event any of the provisions of this Proposal are violated by the proposer , the City shall give written notice to the proposer staUng such deficiencies and, unless such deficiencies are oorrected within ten {10) calendar days from the date of the City's noUce, the City, through its City Manager, may declare the contract in default and terminate same. without further notice required to the proposer . Notwithstanding the pl'eCWing, the City, through its City Manager, also reserves the right to terminate the oontracl at any time and for any reason, without cause and for convenience, and without any monetary liability to the City. upon the giving of thirty (30) days prior written notice to the proposer. 35. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department 36. SUBSTITUTIONS. The City WILL NOT accept substitute shipments of any kind. The proposer is expected to furnish the brand quoted in its proposal. Any substitute shipments will be returned at the proposer's expense. 37. FACILITIES. The City; through its City Manager or his/her authorized designee, reserves iile right to inspect the proposer's facilities at any time, upon rea5onabfe prior written or verbal notice. 38. PROTEST.In the event a ProsPective proposer wishes to protest any part of the General Conditioiis, Special Conditions and/or Technical ~tions contained in this lt must file a notice of protest in writing .· .. :;tO!Il'e Procurement Director, with a a)p)' to the City Clerk. at least ten .c~!W (10) business days prior to the Proptisal opening date and hour ·· specified in the solicitation. Any proposer , who has a substantial interest in" d is aggrieved in connec1ion witll the solicitation or roposed , may protast to the City Manager or his or her e,signee ·· 4!!til two (2) business days following the release of ·11le'tity r's Written recommendation to the City Commission, · , ,-is set forth and released in the City Commission agenda of the proposal in question in accordance with City of h Ordinance No. 2002-3344, which establishes procedures··~ .::PI'qposal protests and which can be found on the Procurementr,~" :. .Jvre to file a timely notice of protest will constitute a waiver ings. ~C_._: CLARIFICATION,:" AND ADDENDA TO PROPOSAL SPECIFICATION'S: If a proposer is in doubt as to the true meaning of the Proposal specifications, or other Proposal documents, or any part thereof, the proposer must submit to the City, at least ten (10) calendar days prior to the scheduled Proposal opening date, a request for clarification. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 40. Any interpretation of the Proposal, including, without limitation. responses to questions and request for clarification(s) from proposer s, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall su pe~ede such specifications. to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The proposer shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in secton 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a proposal non-responsive. 41. The City will not be responsible for explanations, interpretations, or answe~ to questions made vernally or in writing by any City representative. unless issued by the City via formal written Addendum to this Proposal. 42. Any questions or clarifications concerning the Proposal shall be submitted in writing to the Department of Procurement Management (DPM) 1700 Convention Center Drive. Miami Beach, FL 33139 with a copy to llle City Clerk 43. DEMONSTRATION OF COMPETENCY. 44. Pre-award inspection of the proposer's facility may be made prior to the award of oontract. 45. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Proposal. 46. Proposer s must be able to demonstrate a good record of perlormance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can 131 RFP 2013-228ME, Emergency Shelter beds for the Homeless Population 80 47. 48. 49. 50. satisfactorily perform the services if awarded a contract under the terms and conditions of this Proposal. The terms 'equipment and organizaGon', as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a proposer , including past performance (experience), in making an award that is in the best interest of the City. The City may require proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material confiicts between information provided by the source of supply and the information contained in the proposer's proposal may render the proposal non-responsive. The City may, during the period that the contract between the City and the successful proposer is in force, review the successful proposer 's record of performance to ensure that the proposer is continuing to provide sufficient financial support, equipment, and organization as prescribed in this proposal. Irrespective of the proposer 's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful proposer no longer possesses the financial support, equipment and organization which would have been necessary during the proposal evaluation period in order to comply with the demonstration of competency required under this subsection. · • · 51. DETERMINATION OF AWARD. Unless otherwise Special {;onditions, The City Commission shall award the p the lowest and best proposer . In detennining the lowest a . proposer , in addition to price, there shall be considered the folloWiiJ9: a. The ability, capacity and skill of the proposer to perform the contract. · ';!L b. Whether the proposer can perfonn the contract within the'i' time sptK:ified, without delay or inteiferance. c. The character, integrity, reputation, judgment, experience and efficiency oftbe proposer ' .. d. The quality of performaiice of previous contracts. e. The previous and existiiig compliance bytf)e proposer with Applicable Laws relating to the ~olltfact. ······ ··· 52. ASSIG ;J~:~ful proposey )hall not assign, transfer, co~y~Yi ·ortiffi~~~·g!!pose of the i;Yjntract including any or lll[bf its right, title or interest lfletein, or hislhei' or itS power to execute ntract, to any persona pany or corporation, without the ritten consent of the City ; ; · · . . ;;PERMITS AND REGULAT~~ The pro~~r shall obtain and pi#' all licenses, permits, a ection fees required under the con · .shall comply with all ble Laws. 54. OPTIONAL C , JMCT USAGE. Wberi the successful proposer (s) is in agreement,'o .its of gov~f!il)lent or non-profit agencies may participate in punch u~uantttilhe award of this contract at the option of the unit of go~~1of'non-profit agency. 55. SPOT MARKET PURCH~SES. It is the intent of the City to punchase the items specifically liSted in this Proposal from the successful proposer. However, the City reserves the right to purchase the ~ems from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 56. EliMINATION FROM CONSIDERATION. This proposal shall not be awarded to any person or firm who is in arrears to the City upon any debl, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 57. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Proposal. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low proposer meets specifications. 58. COLLUSION. Where two (2) or more related parties each submit a proposal or proposals for any contract, such proposals or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such proposal oc proposals. "Related parties• means proposer s or the prtricipals thereof which have a direct or indirect ownership interest iri another proposer for the same contract, or in which a parent company or the principals thereof of one (1) proposer have a direct or indirect ownership interest in another proposer for the same COI'itract Proposal or proposals found to be collusive shall be rejected. · 59. , 'Propos~r s who have been fourld tb llave engaged in collusion may also be suspended or debarred, and any contract resulting from collusive proposalding may be terminated for cause. ~ . . . 60. DISPUTES. In the event of a conOid betWee~ the Proposal documents, the order of priority of the documents shall be as follows: 61. , Any; contract pr agreement resulting from the award of this Proposal; then 62. 63. 64. Addendum issued for this Proposal, with the latest Addendum taking Plicedence; then Th&' Proposal; then The prupose[) proposal in response to the Proposal. REASONABLE ACCOMMODATION, In accordance with Title II of the , . ,,~,~mericans with "Tbisabilities Act, any person requiring an ,,,~;l,C'~at:comnnodation al the Proposal opening because of a disability must ·;JC . .," , ' rement Division. 66. S. Proposer s shall not offer any gratuities, favors, or anythi of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Proposal. SIGNED PROPOSAL CONSIDERED AN OFFER. The signed proposal shall be considered an offer on the part of the proposer , which offer shall be deemed accepted upon award of the proposal by the City Commission. In case of default on the part of the successful proposer , after such acceptance, the City may procure the items or services from other sources and hold the proposer responsible for any excess cost occasioned or incurred thereby. 68. TIE PROPOSALS. In accordance with Florida Statues Section 287.087, regarding identical tie proposals, preference will be given to proposer s certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more proposer s after consideration of the drug free workplace program, the City's Local Prefenence and Veteran Prefenence ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between proposers that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 69. DELIVERY TIME. Proposer s shall specify in the attached Proposal Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges (For example, 12-14 days) will be accepted. 70. TERMINATION FOR DEFAULT. If the successful proposer shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Proposal and/or the contract entered into with the City pursuant thereto, the City shall 14 I RFP 20 13-228ME, Emergency Shelter beds for the Homeless Population 81 thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the proposer of such termination, which shall become effective upon receipt by the proposer of the written termination notice. 71. In that event, the City shall compensate the successful proposer in accordance with the term of the oontract for all work and/or services satisfactorily performed by the proposer prior to termination, net of any oosts incurred by the City as a oonsequence of the default. 72. Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the oontract by the proposer , and the City may reasonably withhold payments to the successful proposer for the purposes of set off until such time as the exact amount of damages due the City from the successful proposer is determined. 73. The City may, at its discretion, provide reasonable ·cure period' for any contractual violation prior to termination of the contract: should the successful proposer fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subseclion 1.57. 74. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its oonvenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful proposer of such termination, which shall become effectve thirty (30) days following receipt by proposer of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the oontract is terminated by the City as provided in this subsection, the City shall compensate t!Je successful proposer in accordance with the terms of the contra and without cause and/or any resulting liability to the City, services actually performed by the successful proposer , also compensate the proposer lor its reasonable direct · rn assembling and delivering to City all documents. No oomperl$ation shall be due to the successful proposer for any profits thaFt!Je successful proposer expecled to earn on the balanced of the contrad. Such payments shall be the total extent of the City's liability to successful proposer upon a termination. as. provided for in subsection. · · ·<- 75. INDEMNIFICATION. The successful Proposer shall indemnify and hold harmless the ·City and • its . officers, employees, agents and inslruf!lentalities from any ancj ;.all liability~ .. lQs.ses or damages, includrng attorney's fees and oostS of defense; :W:nlch tile City or its officers, erl)plo~ees. agents or instrumentalities may incur as"a result of daim;;,~l\dS~~It~, causes of actions or proceedings of any t''nature aniil~.9u,t of~ relaUng ttj :Or resulting from the ance of the agree~ the successful Proposer or its ees, agents, servantS~; rs, principiirs or subcontractors. ccessful Proposer shall' daims and losses in connection nd shall investigate a· 'tend all claims, suits or actions ~I or nature in the na e City, where applicable, rnclu . )late proceedings, an .•. II pay all costs, judgments, and attorney'$ feeS which may be in~ therecn. The successful Proposer e'. .. ... understands 'lJl!l. agrees that any insurance protecton req ftlis Agreemlili'fti'i:Jr otherwise provided by the successful Prop .II in.I}G Way limij the responsibility to :·, ·'::~:::;- indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 76. 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 oonsidered. 77. Proposals shall be irrevocable unUI contract award unless withdrawn in writing prior to the P.~l due date or after expiration of 120 calendar days from tha;openlng.of proposals without a oontract award. Letters of withdralftl~teCeived aft~ the proposal due date and before said expiration dat.e. ~nd letters of withdrawal received after oontracl award will ~~fb&~~ed. 78. EXCEPTIQ!iS TO PRQ@~L. Proposers are strongly encouraged to thoroug~!Y review the ~ti(;ations and all conditions set forth in this Propos31;, Proposers whO.~UJo satisfy the requiremenls in this Proposal, may be deemed noh .. ive and receive no further ' eonsiderafion. Should your prop" al not be able to meet one (1) or more of the requirements Jn this Proposal and you are proposing alternatives and/or excep . tP sa,id,¢quirements, you •. must notify the Procurement Office, in writiiig, ¢least five (5) days ::;:jlljor to the deadline for submission of pro~IS. The City reserves '::,ij'lt;~ r~ht to revise tile soope of services via Addendum prior to the deadrllle for receipt of proposals. 79. FLORIDA PUBLIC RECORDS LAW. Proposer s are hereby notified that all Pro~~~ 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 1he State Constituhon until such time as the City f9,~ides notice of ari intended decision or until thirty (30) days after .:. ~Jil9R!J!l~rciposals, whichever is earlier. Additionally, Contractor agrees.tQ2t!!f· in full compliance with Florida Statute 119.0701 including;·:OOt not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and oonditions that the public agency would provide the records aod at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law: (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law: (d) Meet all requirements for retaining public reoords and transfer, at no oost. to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempl or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is oompatible with the information technology systems of the public agency. 15 I RFP 20 13-228ME, Emergency Shelter beds for the Homeless Population 82 APPENDIX A MIAMI BEACH Proposai,Certi'1~,ption, :,, :.--:·:;_;_-;;_;_.;~. Questiorlngir '& . . lFsAmemts Affidavit · <;i'20 1 3-228 ME Fo.~~Emergen·cy Shelter Beds for the Homeless Population DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 <e M:AMI BEACH Page16 RFP 2013-228ME, Emergency SheSJ~eds For The Homeless Population Solicitation No: 201J-228ME Solicitation Title: Emergency Shelter Services for the City's Homeless PopulaUon Procurement Contact Maria Estevez Tel: 305-673-7234 I Email: mestevez@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)l{itH!(~,irements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQ ED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YE.AR§: .. FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: HIS ENGAGEMENT: The City reserves t · ht to seek aqgitional information from proposer or other source(s), including but not limited to: any firm or principal information, a · · e licenSUre, resumes of relevant individuals, client information, financial information, or any information the City deems necessary e the capacity of the proposer to perform in accordance with contract requirements. ~ MIAfv\!BEACH Page 17 RFP 2013-228ME, Emergency Shelter Beds For The Homeless Population 84 2. 3. 4. Miami Beach Based (Loc 1 al) Veldor. Is proposer a Miami Beach based firm? YES [=: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 CJ NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business that firm is certified as a veteran-owned business or a service-disabled United States federal government, as required pursuant to ordinance 2011 .. · ·· a documentation proving by the State of Florida or Financial Capacity. Proposers shall submit a Dun & Bradstreet Duns . (D-U .. City may request one or more D&B reports to assess proposer's financial capacity or may request Other imormat.~ae.!~-. audited and other financial statements) after proposal submittal in order to assess financial capacity. If firm is not registered at D&B, contact 0 & Bat 1-800-234-3867 to register your company .. , ., SUBMITTAL REQUIREMENT: Proposer shall submit Dun &~Bradstreet Duns Nt~mber (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 requi nts or during the evaluation process, as necessary to evaluate financial capacity. 5. Litigation History. Proposer shall submit a stat t · ti ation or regulatory~Ction that has been filed against your firm(s) in the last five years. If an action has b ,filed, ; n4.~1ii§Cribe the Jitlgation or regulatory action filed, and identify the court or agency before which the actio ;'was in dttitea,· ffie~appl~ble case or file number, and the status or disposition for such reported action. If no litigation \br.. atory acticrn)ias' been filed against your firm(s), provide a statement to that effectJPNo"litig~g2n or regulatory a' as been filed~gainst your firm(s), please provide a statement to that effect. Truthful and cdr(@~te answers to ,OJs question may not necessarily disqualify a firm from consideration but will be a factor'inthe selection process. Untruthful, misleading or false answers to this question shall result in the disqualification :gf the firm for this pro~ ":~;T~'~,~ -.. . ~~~~i<-~ . = \ :_;,:~, _;_. _ ._, T SUBM11J~k.~~QUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any propoSetf · · ·· ... ,b,er firm, in the past five (5) years. If Proposer has no litigation history or regulatory action in the past 5 ,~~rs; submi SlaJ, : t accordinQf:L '~~:~;·· ·~Lq_ ·._ --~:~:: 6. ~;~~!]keferences & Past ~t9rmance. Proposer7shall submit at least three (3) references for whom the proposer has ·~;:~· pleted work similar irr's~and nature as the work referenced in solicitation. S B AL REQUIREM Proposer shall submit a minimum of three (3) references, including the following inform;atiqfi;::;1J Firm Name,"'· .• ontact Individual Name & Title, 3) Address, 4) Telephone, 5} Contact's Email and 6) Narrative''6f!Soope of Servig~~fProvided. ,, ~ii.':'(. (e tv\IA.!v\i BEACH PagelS RFP 2013-228ME. Emergency Shelter Beds For The Homeless Population 85 7. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to nonTerfor~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 coffiH!ied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their ProposalS,: in the event of such non- compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities {including your sub-consultants) with a controlling financial interest as defined in ITN. For each individual or enfitj/ with a corifrc)mng financial interest indicate whether or not each individual or entity has contributed to the campaign ~ither directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the qwotMiami Beach. , · · · · 9. Code of Business Ethics. Pursuant to City Resolution No · -23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("C. ·. '.~submit th~Code to the Procurement ()ivi'Sion with its ,. .,. ....... ... . .. bid/response or within five (5) days upon receipt of request. The~~hall, ;at~n"tinimum, require the Proposer, to comply with all applicable governmental rules and regulations including, amq~~ 8.-ti!~: the'bonflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. · '~,;i~£- SUBMITTAL REQUIREMENT: Proposer snail submit firm's Code of B Business Ethics, proposer may submit a statement indic~.ting that it will ad Miami Beach Code of Ethics, available at www.miamibEiaChfl.gov/procuremenU. s Ethics. In lieu of submitting Code of ~ed in the ordinance, the City of m Living Wage. Pursuant to Section 2-408 of the Miami Beactlit~ity Code,as same may be amended from time to time, proposers shall be required to pay all employees who providtr1services pufSq~rit to this Agreement, the hourly living wage rates listed below: . . : ·· c;7· • Commencipg' _I year 2012-13 {October 1, 2012), the hourly living rate will be $11.28/hr with he!iltfl benefits, and $12:92/hr without benefits. The living wage"'riite;aqq health car~ benefits rate may, tiy.Resolution of the City Commission be indexed annually for inflation using the Cori~ti, r Price;ln ex for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's 8 · · otla ··•·· · :::standing the preceding, no annual index shall exceed three percent (3%). The City may ,~~t reso u ., ,,, o index the living wage rate in any particular year, if it determines it would not be fiscally sound to'·frT!P,!!!01ent same {in a particular year) . . · .. Proposers' failure to comely with ttifs shall be deemed a material breach under this bid, under which the City c;;t;;i m~y, at its sole option, imQ'l~piately d proposer as non-responsive, and may further subject proposer to additional 'penalties and fines, as provided in the ~j. s Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurementl. SUBMITIA,l[REQUIREMEN1: 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 $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. e tv\1/-N\! BEACH Page 19 RFP 2013-228ME. Emergency Shelter Beds For The Homeless Population 86 12. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? c::::::::J YES c::::::::J N 0 8. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? c::::::::J YES c::::::::J NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have it£S~Louse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domes~Q'fp:aHii~;$uch as medical insurance. BENEFIT Health Sick Leave Famil Medical Leave Bereavement Leave Firm Provides for Employees with S ouses ,;;_:"·:,·.t- Firm Provides for ,. {>~>Firm does not Emplo~ees witru;Jji: .. '"'1:'i~r~Ylde Benefit Domestic Partn~:~.~ If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (~, ., 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 n~cessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Managtl'r.:' his designee. Approval is not guaranteed and the City Manager's decision is final. Further informatiOn.} Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. F . Public Entity Crimes. Section 287.133(2)(a), FIJilba . .. .. . or as amended from time to time, states that a person or affiliate who has been placectQn t11e con · · following a conviction for a public entity 'k·,·:·, ·.:·:,, ' ' ~ crime may not submit a .. bid, proposal, or reply on a co9tract to provide .· · goods or services to a public entity; may not submit a bid, proposal, "or reply on a @ntract with a puoll9, entity for the construction or repair of a public building or public work; may not submit bids, proposals; or replies on lea~s of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or ronsuJ.tant under a contract with any public entity; and may not transact business with any public entity in excess of the lhreSJJ,ofd amount provided ins. 287.017 for CATEGORY TWO for a period of 36 months following the date of being Rl~9fld on tfie convicted vendor list. . :-:.:·:::1.:: ::!:·1. 1 Al:'·K!=~·liJI~t;MI~I'II : No ad;ditional submittal is required. By virtue of executing this affidavit document, proposer ts of Set:®r 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor After issuance of solicitation, the City may release one or more addendum to the solieitalioo. which may additional information to proposers or alter solicitation requirements. The City will strive to Proposer havtqg received solicitation through the City's a-procurement system, PublicPurchase.com. '"'m"""'"' Pl~ooosers are so!~ly responsible for assuring they have received any and all addendum issued pursuant to solicitation.· ·. ·· 'AcknowledQement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant w~tt.iS~solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal di ·······~··· squalification. ",-,. ~.H •. ~~; Initial to Confimi' Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 2 Addendum 7 Addendum 3 Addendum 8 Addendum 4 Addendum 9 Addendum 5 Addendum 10 If additional confirmat1on of addendum is required, submit under separate cover. ~ r\AJL..f'J\1 BEACH Page 20 RFP 2013-228ME, Emergency Shelter Beds For The Homeless Population 87 Addendum 11 Addendum 12 Addendum 13 Addendum 14 Addendum 15 --------------------- 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 proposal~. may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in it~J~!~!:jrterest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties subrnitlin'g Proposals in response to this solicitation. · Following submission of a Bid or Proposal, the applicant agrees to deliver such furthe financial and disclosure data, relating to the Proposal and the applicant including, wi directors, shareholders, partners and employees, as requested by the City in its discre ation and assurances, including 'J~,~pplicant's affiliates, officers, The information contained herein is provided solely for the convenience of prospective Proposers. lt"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. · · .. -.,".,-;1:1-l;i-\}~l Any reliance on these contents, or on any permitted communications witn-City officials, shall be at the recipient's o~Wfisk. 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 lts agents . t any Proposal conforming tq these requirements will be selected for consideration, negotiation, or approval. · • ~ The City shall have no obligation or liability with respec ·~· " · · lion, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who rest>,o Jly acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer; and agre ;to be . d by the terms hereof. Any Proposals submitted to the City pursuant to this RFP are submitted at the sole risk and res ~ ibilif}/ (:)" <>submitting such Proposal. This RFP is made subject to correcti6~~errors, omissions, or J; wal from the rket without notice. Information is for guidance -.~ ~ ~' . j' ~ only, and does not constitute all or any part of an agreement :1t The City and all Proposers will be bound only as, if and when a'1kroposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and~~tted by the parties, and then only pursuant to the terms of the definitive agreements executed among tile parti~~:Af1Y responsetm this solicitation may be accepted or rejected by the City for any reason, or for no r,,~a.son, without anfresultantliabillfY to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosU(e as required by such law.,AII Proposals shall be submitted in sealed bid form and shall remain confidential to the extent permi[~J;ly Florida Statutes, until .• ":~ ate andtlrn~'selected for opening the responses. At that time, all documents received by the Cityshalftiticome public records. , _ · Proposers are expected to make all diselosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees Jhat the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement informatiml_contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigatioo{Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge~ information, and belief. Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be governed by and construed in accordance with the laws of the State of Florida. & r\"';t.tv\!BEACH ..... ·"!·'· .. Page 21 RFP 20 13-228ME. Emergency Shelter Beds For The Homeless Population 88 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this I TN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the I TN, and any released Addenda and understand that the following are requirements of this SOLICITATION and failure to comply will result in disqualifiCation of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposers Authorized Representative: Signature of Proposer's Authorized Representatlve: 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: (;9 tldN!\! BEACH Page 22 Notary Public for the State of ___ _ My Commission Expires: ______ _ RFP 201 3-228ME. Emergency Shelter Beds For The Homeless Population 89 APPENDIX "B" COST PROPOSAL RFP 2013-228ME, Emergency Shelter Beds For The Homeless Population Proposers must detail the services included in the proposed daily bed r~~e:in the~~p,e of services and Methodology section. ''~:;~[&.~~ \');: , Daily bed Rate $. ___ _ G tv~IAN\! BEACH Page 23 -*=4. Proposer Signature RFP 2013-228ME, Emergency Shelter Beds For The Homeless Population 90 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 179-2013SW, For The Installation, Removal, Maintenance And Storage Of Holiday Decorations Not To &ceed The Amount Of $232,788 Annually, And Further Referring The Selection Of Displays To The Finance And Citywide Projects Committee. Key Intended Outcome Supported: Ensure Safety And Appearance Of Building Structures And Sites; Increase Satisfaction With Family Recreational Activities. Su_m>orting Data (Surveys, Environmental Scan, etc.): Item Summary/Recommendation: Each year during the end-of-year holiday season at various locations citywide decorations are displayed for the enhancement of the beauty of the surrounding areas. The purpose of Invitation to Bid (ITB) 179- 2013SW was to establish a contract by means of competitive sealed bids to a qualified provider to inspect, install, maintain, remove and provide storage (when not in use) of the City-owned holiday decorations and also provide rental of holiday LEO lighting inclusive of installation, maintenance, daily inspection, and removal. Invitation to Bid {ITB) 179-2013SW was issued on September 6, 2013, with an opening date of September 24, 2013. A total of fifty-eight (58) bid notices were issued and six (6) bidders accessed the advertised solicitation which resulted in the recetpt of two (2) bids from the following firms: • Christmas Designers, Inc. • South Florida Lighting Team d/b/a Miami Christmas Lights The ITB required fixed total pricing for citywide locations. As indicated in Attachment A, Miami Christmas Ughts submitted the lowest total price. However, the ITB requir-ed bidders to provide evidence, through client references, that they had previously performed similar services to those specified in the scope of services, which includes storage of the City's significant investment of holiday lighting and decorations. Miami Christmas Lights could not provide evidence, as required by the ITB, that the firm had previously provided storage for customer-owned inventory. Therefore, it is recommended that Miami Christmas Lights be deemed non-responsive and that Christmas Designers, Inc. be deemed the lowest responsive bidder to the ITB. Neither vendor is eligible for veteran or local preferences. After considering the review and recommendation of City staff, the City Manager exercised his due diligence and 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 Christmas Designers, Inc. as the lowest responsive bidder. RECOMMENDATION APPROVE THE CONTRACT. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 $230,000 Funds will be available in the FY 13/14 Resort Tax ~ Budget Account#. 160-4300-000355 OBPI Total Financial Impact Summary: Cit Clerk's {)ffice Le islative Trackin : John Rebar, Parks and Recreation Director at 6643 istant City Manager Manager KGB JM 16\Procurement\ITB 179-20 W Installation, Removal, Maintenance an ommission Item Summary.doc MIAMI BEACH 91 AGENDA ITEM _G----:~-C.....,..- OATE to-/6-/_3 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeoch~.gov N MEMORANDUM TO: Mayor Matti Herrera Bower and M mbers of DAT£: October 16, 2013 SUBJECT: REQUEST FOR APPROVAL 0 AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 179-13SW, FOR THE INSTALLATION, REMOVAL, MAINTENANCE AND STORAG OF HOLIDAY DECORATIONS. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED ENSURE SAFETY AND APPEARANCE OF BUILDING STRUCTURES AND SITES; INCREASE SATISFACTION WITH FAMILY RECREATIONAL ACTIVITIES. FUNDING Account Code: 160-4300-000355-$230,000-Resort Tax Budget BACKGROUND Each year during the end-of-year holiday season at various locations citywide decorations are displayed for the enhancement of the beauty of the surrounding areas. The purpose of Invitation to Bid (ITB) 179-2013SW was to establish a contract by means of competitive sealed bids to a qualified provider to inspect, install, maintain, remove and provide storage (when not in use) of the City-owned holiday decorations and also provide rental of holiday LED lighting inclusive of installation, maintenance, daily inspection, and removal. ITB PROCESS Invitation to Bid (ITB) 179-2013SW was issued on September 6, 2013, with an opening date of September 24, 2013. A total of fifty-eight (58) bid notices were issued and six (6) bidders accessed the advertised solicitation which resulted in the receipt of two (2} bids from the following firms: • Christmas Designers, Inc. • South Florida Lighting Team d/b/a Miami Christmas Lights 92 Commission Memorandum -ITB 179-2013/NSTALLAT/ON, REMOVAL, MAINTENANCE AND STORAGE OF HOUDA Y DECORATIONS. October 16, 2013 Page2 The ITB required fixed total pricing for citywide locations. As indicated in Attachment A, Miami Christmas Lights submitted the lowest total price. However, the ITB required bidders to provide evidence, through client references, that they had previously performed similar services to those specified in the scope of services, which includes storage of the City's significant investment of holiday lighting and decorations. Miami Christmas Lights coutd not provide evidence, as required by the ITB, that the firm had previously provided storage for customer-owned inventory. Therefore, it is recommended that Miami Christmas Lights be deemed non-responsive and that Christmas Designers, Inc. be deemed the lowest responsive bidder to the ITB. Neither vendor is eligible for veteran or local preferences. CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and 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 Christmas Designers, Inc. as the lowest responsive bidder. CONCLUSION The Administration recommends award of the contract to Christmas Designers, Inc. as the lowest responsive bidder. JM/~B/JR/AD F:\T _Drive\AGENDA\2013\0ctober 16\Procurement\ITB 179-2013SW Installation, Removal, Maintenance and Storage of Holiday Decorations MEMO.docx 93 (.0 ~ ITB 179-2013 Installation, Removal, Maintenance and Storage of Holiday Decorations, Attachment A t=:::-:------------------'I"'-TB:;.-....::1..:..;79=--=;20r,;1;,;3.,::1N~S;iT~A:;;L~LATION REMOVAL MAINTENANCE AND STORAGE OF HOLIDAY DECORATIONS l~!~p A-Holiday Displays : : . lf;~H;::m~ni.nn r' ~~,; :~:,; ~1~M~~d2~161~~i~~~~~~?~~~jj ;['Jj;r:l1TW~' :nr:,a:~;[; ::' nF1W~''·.:,· ... ,:·;~~' ; Ml~l;g:RISf~~;m~~r~·f!(:; :.·' ' Section 1 Main Entries I lnspec/maint ltnstaU/Oper. I Removal . . IStora!le I lnspec/maint. llnstaii/Ooer. IRemovai IStor~ge Areal t-19S-41st Julia TutlleCausewaY1P8rviarl· I$ _taoQ.O!Ll_L __ 3,700.0() I$ 450.00 I$ 3,000.00 Is 672.00 I $ · · 1,344.00 J S 672.00 I$ 672.00 Area 2 Normandy Isle -71 Street (per year) n-u 1 $ -1.3so:oo Is 1:$oo.OOT$'------ns.bo I $ OOO.O(fJT--912.001 $ -1,824.00 '-~ ~9f2.0lll$ 912.00 Area 3 5th Street aiid LenoxAvenue (ru:!"Yearl I $ 1,000.00( $ aoo.Olll $ 100.00 I $ 400.0() [$ 600.0Q]_$ ___ 1:2oo.ooT$ ®ILQQJ$ 600.00 Total cost per year ----l$ 4,150.00 I$· 6,100.00 I $ 825.00 I $ 4,000.00 I $ . 2,184.00 I $ 4,368.00 I $ 2,184.00 I $ 2.184.00 Section 2 Street D6cor . ·-I lns~~maint _j]/lslaii/Oper. r Removal . ---rstorage ~spec/main\. !lnstaii/Oper. !Removal I Storage Area 1 Wa§Jlj11gi.Qrl Aye. 5lh-Street to f6iilSireel (per yearL: __ n-f,8DO..QQJ1_ .. ____ _1,160.00T$ 300.!)0 I $ 800.00 r $ 720.00 l $ 1,4:40.00 I $ 72o:oo I $ 720.00 Area 2 Co]li~ 6th S!r~~tt<> l!>th_Sireef (per yearfc --.. ___ [ $ _ 2,570.o0l $ 1;810.bo r$ Slo.oo I $ 1,366.oo 1 $ 1 ,2:;!4.oo 'J $ 2,448.00 I $ 1,224.00 I $ 1,224.00 Area__17_1t_h $teet Collins to. Versailles(per'year ~----J $------2.31b.oo~l $ J.98o.oo I$ 540.00 Is 1,440.00 I$ 1.296.00 I$ 2.5~2.00 Is 1'.296.00 I$ 1,296.00 Area 4 Ocean Ot-ive Lummus ParkJ~vearl IS . ~ __ 5,90itoo I $ o!I.®O.OQ l$ '490.00 I $ 2,8$9.00 I $ 1,764.00 I$ 3.528.00 l $ 1,764.00 I S 1,764.00 Area 5ArtdecoThemometeronA1A~!-t,~mmu~tP_jiJ.;_·-.. --'H" . '55.01ll$ 445.ooTS • · 56.601"$ ___ 15o.ooH 1,392-:1)0)$ 2,184.oors ·---1.392.00T$ 1.392.00 Total cost par o}ear • I $--12,635.00 I $ --1o,195:0oT$ 1,890.00 I'$ -&;&otf.i!ol $ 6,39&.ooT1.--12,792.00 1$ 6,396.00 I $ 6.396.00 Section 3 Arth"ur Godfrey-ind-ian Creek ltnspec/maini llnslatVOper. · ··1 Removal' ·I Storage ' · llnspec/mainj._.>_ __ Ltns!all/Oper. · · · I Removal l~to!_@ge Area 1Sotardisc skylines (pervearl -TS 1,250.00 I $ ~.30o.oo IS . c~O:OIITL---1.aoo.oo rs -120~00 I' s 1.Mo.oo I s 120.oo Is 12o.oo Area 2 Banners and stars (per year) I-$-1,700.00 [}___::----4:05lf.OO_ll __ 45Q.QQJ$._-~_J;aoo.Qifl_$______1.~.00 ~3)40.001$ 1,620.00.) $ 1,£20.00 -------.-~-s 460.00 s 450.00 Hs 110.00 1 s 420.00 1 $ 504.00 1 s 1,008.00 1 s 504:oo 1 s 504.00 _ _ __ s 3,41o.oo .s 6,8oo.oo s 81o.oo s 4,11o.oo s 2,844.oo s 5,68a.oo s 2,844.oo s 2.844.ii0 Section 4 Collins Avenue Medians----ltnspliclrrialnt ltnstaii/Oper. ·I Removal I Storage linspeclmainl. llnslaiVOper. !Removal !Storage Area 1 Median 20-5900 block (per yearL _ _ I $ 250.00 I $ 400.00 I $ 80.00 I $ 360.00 I $ 21)8.00 I $ 576.00 I $ 288.00 I $ 288_.00 Area2CollinsAvenue(peryear) _____ ____ J $ 700.00.1$ 2,850.00 I$ 350.00 I$ t340.00l$ 1,152.00.1 S 2,304.00 I$ 1,152.00 IS 1.152.00 Total cosher year ' $ 950]10 l ~ 3;2~0.0-(11 $~Cf.oo I $--1,700.00 'I $ ---1,440.00 'I$--2,8BO.iXiT $ . 1,440.00 r $ 1.440.00 SecttonTLincoln Road Mall I lnsp~mairif -:-~.J'Install/~. __ :=1 R~moy~L ~I Storage~~. l.i_nspec/m~f!h_:::::::lt!1.5la.ll{~. -I Removal ~StoraQe Area 1 WasllnigtonA.veriue atLinCQI~oad~MaH(peryearr--.. , $ ·7oo.og_L$" __ -~850.oon __ 100.00 I$ _ _320.il()U __ ' 5?6.QOJ$ . '_1,152.00 I$ --!U6.00 J.$ Area2400BtoeliWestendatt:5iexelAvehue(peryearT ____ rr-:-:::=_--=---:. Is -1"$~-~-:.--rr-.-IS I$ -rs -Area 3 500 Slock Eash~nd at Drexel Avenue (t:ier vearl I s 'I $ -I s -I s · I $ -I $ ~ I $ -Area 4 50ll"siiicil-westendat Pennsylvania Ave (PeiYearl I"$ -I$ -IS -T$ -r I i --_ .. -T$ -Areas 600Biock-Eastendat"PennsYlvaniaAve.(perYea~l-----T • I'S ----: T$---·-IS IS -I$ -I$ -Area 6 Be1Ween 600 (wesferid)& 700block (east end) Euclid Avenue) ( per year) Area 7 70"0 Block West Meridian Avenue (per year) J&ea 8 800 Block East at Meridian Avenue (per year) Area 9. 800 Block West at Jefferson Avenue {per year Area 10 900 Block East at Jeffe..Son Avenue (per year Area11900 Block West at Michigan Awnue foer vear Area 12 1000 Block East at Michigan Avenue <Peryearl $ $ $ $ $ $ $ 700.00 $ 850.00 $ -$ -$ -$ -$ -$ -$ -' $ -$ -$ -$ -$ -$ 100.00 s 720.00 $ 576.00 $ 1.1s2.oo Is 576.00 -$ -$ -s -• $ --$ -$ -$ -• $ --$ -$ -$ -IS --$ -$ -$ -• $ --$ -$ -$ -• $ --$ -$ -$ •$ -$ $ $ $ $ $ _!_ Area 13 1100 Block -Center Median-Between lenox arid Aiton (per year) Total cost per year $ -$ 1 400.00 $ . 1,700.00 s -I IS .-IS -IS -Is -1 .. ~., IIR 1 e_ ;..-----4~~~_!!:=~,+..:!.----::--'~~+,L~~~~.-$ '• •~••vv I ~ 576.00 576.00 -------_1.152.00 I section 6 Llnclon Road fro111 WaJhlngton to Collins lnsp~c/ma iht lnstallfQQ_er Removal -· ;:nora e Area 1 $ 250.00 $ 900.00 $ . 200.00 I $ . · 4SO.oo I $ 39s.oo I s 792.00 ·1 s 396.00 Total cost J)(ii iear r' 25li.o<~ $ '00.00 · s 2oo.oo rs 46o.oo 1 s 39s.oo 1. s . __ 792.oo 1 s 396.00 Group_ A-TOTAL IS 22.79s.oo r s 28.945.00 I S 4.355.00 I L ~U.310.oo L$_ 14.412.00 Ll. -2$,8~4-.0QJ $ 14.412.00 14.412.00 (,0 U'l ITB 179-2013 Installation, Removal, Maintenance and Storage of Holiday Decorations, Attachment A l9roup_IL§IlP~_mJII'I~IJ-Ioliclay _ Llghtfug and D(!c:or seC!iori'Tclt): Han - ' -. · ' h 4,ooo.oo 1 s · 15.ooo.oo Area '1 Total cost - r ear ---$ H• nnn nn Section 2 Espanola Way lnstall~r [Arl!aT-- --(per year) I $ 700.00 I $ 900.0() s 70lf.iilfl-,---9bo-:oo ========:.::!!=~===v.:::e!!n:::ue::.,_, ___ -lli'l_s_pArlm.:~int '""'"11/0nnr -----l~ea f_( p_er~ai " --• · --~--J_j ___ _:_1~Q._OQ_I)_ 1,200.00 I Total co~IJII!~ ---------------~---']_$__---_ _'_ .. 450.00] · $ . ·:-__ 1~2Q_g~o_g' (Group B· TOTAL -----··~-.--~ I S 5,150.00 I'$ 11,jl)_(l.tliJ Grail : E: Rental and lnstallatlori ofAcillda lstoraae-I'"' ji§O.OO $ . 2,262.00 $ 9&MI!.~--2_2§_2,oon ~ 13_5.0!1 I' 54o.oo I s 135.00 I , 540.00 I , temova( ' · 'Storage ' 16Q,_QQ_I_$_-_· _-f!8MP L_$_ _16~.oo]$_ _ eaa:oo 1 s 1 ,255.D_O_LL __ 3,690.00 I S 4,on.oo rs 4,o12.oo n 540.00 540.00 i!_il1t __720.00 " 120.00 I'S ~.332.00 ., $ a,144.oo L! __!(,)_7_2.00 a,144.'oo I s 4,072.00 1,08!J.()CJ 540.00 1,080.00 540.00 temoval 1,440.00 720.00 1;44ii:60 720.00 10,6M:oo . 5,332.00 ~t_Q@g:"'e""'='=-=-"""" ~4.Q72.00 4,072.00 itorage 540.00 540.00 :to rage 720.00 720.00 5,332.00 11.£~~~~?~'?:~~#;~{~~:?:~~ SectiOn 1' Main Entires' lnstaiVOP?r Removal ,.~,s·&"i~>iiUt;: :~;;,_, Area 1 '' $ ' _ .. _1,635.00 $ · · 378.00 ·';;.:'"~~c«f!~!.;•.c?'r Total cost per year --------$ 205.00 $ 1 635.00 ·s 185.00 :;'::i'tt3~'":•J02f\5fi $ 378.00 $ 1134.00 $ 378.00 ~-j:*J.~U~~!F;•.;flt'~' ~~ction 2_ Normandy Isle -71 street lnspec/maint lnstaii/Oper · Removal , ·f!fij{,ti'IInspec/mainl lnstaii/Oper Removal 11':i'f'C: Area 1 (~vear) ' $ 515.00 $ 4175.00 $ · 465.00 tF''"'''" $ 816.00 $ '2,448.00 $ 816.00 <o-rr ,_,:;'~fl Total cost oervear ·s 515.00 S 4175.00 $ 4G5.00 ,, ":p:l;lifi~lk-$ 816.00 S 2448.00 $ 816.00 '?iiU'f Section 35th Street and Lenox Avenue · · ,,,.,:yr:r~· $ 108.00 $ 324.00 $ 108.00 ',i't..'J 1\rea 1 ('per year) $ 56.00 '$ 452.00 · $ 50.00 it:' , ,,,,, 5.1~1fl $ 108.00 $ 324.00 $ 108.00 ~ :f. Total cost per year $ 56.00' S ol52.00 $ 50.00 ~ = ~-' i. Ins ec/maint $ 885.00 1 392.00 $ 885.00 1,392.00 -·-.. :.n:;·~f~ 555.oo· ,,.;,,,,:,"::'>:""·'· s 1.032.oo ·s · 3.o96.oo s 1 032.00 1,032.00 lection 9 Miami BeachCilyHall \rea 1 $ Totaill cost per year $ Groug E-to~AL -$ GRAND TOTALS IGi()IJp_A_(;~nd total roroub B Grand Total !GroupE Grand Total I GRAND TOTAL (iROI,Jf'~_A, B,E (per year) Ul-'fiUNAL LOCATfONS (please quote separately from others) I Section 10 Llnclon Road East of Alton Ale a Toial cost per year Se'c:tlon 12 Espanola Way West of Washingto-i!_p._11enue rs $ '$' $ 1 Is· '$ ft 555.00 !'''''·''''•"'•'/!"~-·'I S 1 032.00 $ 3 096.00 . S k.:; ~->;:...-.,~~~...: ;-~~:~-;-~,~-lnstaii/Ot)er · RE . 1,750.00 _1,750.00 11 $ 3,552.oo $ 10.6s6.oo s· ! $ 3,552.00 $ 10,65&.00 s 3.552.00 615.00 $ . 555.00 615.00 $ 555.00 13,121.oo ·s 11,825.QQ. ~lnt llnstaU/Oper temoval ISiorag "22,795.00 I·~ -?A Qol'i (I( 4,355.oo I'$ 18,310.00 I s ·s..150.oo r s 17.JlliDJO ·1.255.oo rs 3.Mo.oo 1 $ 1~,)21 ,OOJ$ _ 1M'?4? (I( 11,8_2_~.Q_o p;~:tr:i~l·t:i'Ml~'r('i'l s 41.o&6.oo Is 152.2s1.oo 1 s 17,435.oo 1·s 22.ooo.oo 1 s t. · CHRISTMAS OESIGNERS, l~t_ -·$232;788.011:,·.-' .. •!1. · .... ·"--.• , •• _. •. 3,096.00 $ 3,0!16. 0 $ _10)17.00 $ _1, 552_.Q_II_ ,:~, 1\:l.Q lin lf3:: ~ aint llnstaii/Oper ___ lfl~rriOifa_l _____ ]~_!9@9_1!_ 14.412.oo 1 s 2S:S24.oo 1 s · 14,412.oo rs · · 14.412.oo· 5,332.001'$ 10',664.oo I S 5,332.00 I s 5,332.00 23,639.00 I $ 70~917.00 r $ 23.639:oo I s . 4~:l.B3nn I$ 110,405.~ $ 43,383.00 I $ 19,744.00 I Ml.t.Mf C JStMAS LIGHfS $216;9~5.00 .. lln<.t,.niOnAr ]Removal I'"' ':._..., x: "'· · fli,spec/Maint ]lnslaii/Oper ]Rel-iiOVal T '' ·'·'·';-' · '-' 435.00 $ 43s.oo_1,:-s.,....,.=--=~:~f~-~~~~~;.;;;..;,;.~~~....,........::-..;,.::,.::.:.~~.,..,.,;=~~~-.,....-...;::.:.~:;..,.:;.;..;..~.....,.~ .II .n.n. .... THIS PAGE INTENTIONALLY LEFT BLANK 96 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Issue A Request For Qualifications (RFQ) For A Third Solid Waste Franchise Contractor To Provide Commercial Waste Collections And Dis osal Services. Item Summary/Recommendation: The City currently has three (3) contracts for solid waste/recycling collection and disposal with: Waste Management of Dade County, Waste Services, Inc., and Choice Environmental Services of Miami. A press release dated November 16, 2012 stated that Choice Environmental Services Inc. was acquired by Waste Services, Inc. As a result, the number of franchises available to the City for solid waste services will be reduced from three (3) to two (2) upon the conclusion of the acquisition. This item was referred by the Administration to the FCWPC for discussion and further direction. At the Mach 21, 2013 FCWPC meeting, the Committee discussed the issuance of an RFQ for a third solid waste franchise contractor to provide commercial waste collection and disposal services, all provisions will be included with a term expiring on August 31, 2015 to coincide with the term of the two (2) existing franchise waste haulers. The Committee recommended presenting the item to Commission with the RFQ so that the City is prepared when the franchise contractor sale is finalized. An RFQ was included in an item to Commission on May 8, 2013. During the discussion, one of the Commissioners stated that a number of complaints had been received recently regarding missed pickups, overflowing containers and other issues. The RFQ presented did not provide for enforcement in the event that one of the haulers was not doing a proper job. The scope of services, complaint resolution, and regulations for servicing dumpsters appear in Sections 90-229 through 90-235 of the City Code, and are included in the RFQ. The fine structure for violations of these sections appear in section 90-39 and 90-40 and were revised to address the concerns raised by Commission. At the July 17, 2013 Commission meeting, the City Commission approved the Ordinance amendment on First Reading. At the September 11, 2013 Commission Meeting, the City Commission approved the Ordinance amendment on Second Reading. The Administration recommends approving the issuance of the RFQ when the franchise sale is finalized. The RFQ should allow for the requirement of 50 licenses to include those outside of City limits as allowed in the ordinance with City Commission approval. THE ADMINISTRATION RECOMMENDS APPROVING THE ISSUANCE OF THE RFQ WHEN THE FRANCHISE SALE IS FINALIZED. Advisory Board Recommendation: At the September 19, 2013 FCWPC, a discussion regarding the issuance of an RFQ for a third franchise Solid Waste contractor for residential and Commercial Solid Waste collections and disposal was presented. The Committee recommended that it be RFQ be brought up to the full Commission in October for issuance approval, and then a decision will be made of either keeping a third or fourth franchise hauler once the contract expires on September 15, 2014. Financial Information: Source of Amount Funds: 1 N/A N/A OBPI Total Financial Impact Summary: T:IAGENDA\2013\0ctober 16\RFQ-Waste Hauler RFQ. Summary.docx C'e · /\1\fAMI BEACH 97 Account Approved er ~ Agenda Item c~D Date to~/6-1'> ,. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochll.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: REQUEST FOR APPROVAL TO I SUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR A THIRD SOLID WAST FRANCHISE CONTRACTOR TO PROVIDE COMMERCIAL WASTE COLLECTIONS AND DISPOSAL SERVICES. ADMINISTRATION RECOMMENDATION The Administration recommends approving the issuance of the RFQ when the franchise sale is finalized. BACKGROUND The City currently has three (3) contracts for solid waste/recycling collection and disposal with: Waste Management of Dade County, Waste Services, Inc., and Choice Environmental Services of Miami. At the July 13, 2011 Commission Meeting, the City Administration requested approval to issue a Request For Qualifications (RFQ) for a fourth solid waste franchise contractor to provide residential and commercial solid waste collection and disposal services. This request was made after one of the then existing four (4) solid waste franchise contractors, General Hauling Services, Inc., was acquired by Waste Services, Inc., leaving the City with three {3) solid waste franchise contractors. The Commission referred the item to the Finance and Citywide Projects Committee (FCWPC). At the January 19, 2012 FCWPC meeting, following discussion on whether to issue the RFQ, the Committee recommended that the item be brought back to the Committee at the same time as the City's proposed Recycling Ordinance. The three existing franchise contractors requested that an RFQ not be issued. The item was discussed again at the April19, 2012 FCWPC meeting, and the recommendation was to bring the discussion to the full City Commission, determine whether or not to issue the RFQ or accept additional public benefits from the contractors in exchange for keeping the number of solid waste franchise haulers to the three (3) existing contractors. At the May 9, 2012 Commission Meeting, Resolution No. 2012-27904 was adopted as amended. A motion was made to accept exercising the renewal/extension option for one-year only until September 2015, in consideration that the firms will provide $390,000 per year starting immediately, plus $25,000 dedicated for environmental programs through the life of this extension, in addition to what is already being contributed. 98 Issuance of a Request for Qualifications for a third Franchise Solid Waste Contractor May 8, 2013 Page 2 of 3 It was noted that, in order for the City to exercise an early renewal of the Franchise Agreements, the City Commission would also have to amend Section 90-230(b) of the City Code, which currently only allows for the renewal of a Franchise Agreement upon expiration of the initial term. At the September 12, 2012 Commission Meeting, the City Commission approved the Ordinance amendment on First Reading. At the October 24, 2012 meeting, the Commission approved the Ordinance on Second Reading. A press release dated November 16, 2012 stated that Choice Environmental Services Inc. was acquired by Waste Services, Inc. As a result, the number of franchises available to the City for solid waste services will be reduced from three (3) to two (2) upon the conclusion of the acquisition. This item was referred by the Administration to the FCWPC for discussion and further direction. At the Mach 21,2013 FCWPC meeting, the Committee discussed the issuance of an RFQ for a third solid waste franchise contractor to provide commercial waste collection and disposal services, all provisions will be included with a term expiring on August 31, 2015 to coincide with the term of the two (2) existing franchise waste haulers. The Committee recommended presenting the item to Commission with the RFQ so that the City is prepared when the franchise contractor sale is finalized. An RFQ was included in an item to Commission on May 8, 2013. During the discussion, one of the Commissioners stated that a number of complaints had been received recently regarding missed pickups, overflowing containers and other issues. The RFQ presented did not provide for enforcement in the event that one of the haulers was not doing a proper job. The scope of services, complaint resolution, and regulations for servicing dumpsters appear in Sections 90-229 through 90-235 of the City Code, and are included in the RFQ. The fine structure for violations of these sections appear in section 90-39 and 90-40 and were revised to address the concerns raised by Commission. At the July 17, 2013 Commission meeting, the City Commission approved the Ordinance amendment on First Reading. At the September 11, 2013 Commission Meeting, the City Commission approved the Ordinance amendment on Second Reading. At the September 19, 2013 FCWPC, a discussion regarding the issuance of an RFQ for a third franchise Solid Waste contractor for residential and Commercial Solid Waste collections and disposal was presented. The Committee recommended that it be RFQ be brought up to the full Commission in October for issuance approval, and then a decision will be made of either keeping a third or fourth franchise hauler once the contract expires on September 15, 2014. A minimum requirement of the ordinance requires bidders to present evidence that they have at least 50 committed accounts within the City limits. Alternatively, bidders may, at the discretion of the City Commission, be considered if they can provide proof of having 50 accounts outside of the City, Since it is difficult to comply with the minimum account requirement within City limits without first obtaining a franchise license, it is recommended that the requirement of 50 licenses include those outside of City limits as allowed in the ordinance with City Commission approval. The administration is recommending that as it pertains to one of the minimum requirements of having 50 committed accounts within the City or 50 accounts out side of the City, the commission consider the latter due to the fact that it is very difficult to solicit work with out holding a franchise license. 99 Issuance of a Request for Qualifications for a third Franchise Solid Waste Contractor May 8, 2013 Page 3 of 3 CONCLUSION The Administration recommends approving the issuance of the RFQ when the franchise sale is finalized. The RFQ should allow for the requirement of 50 licenses to include those outside of City limits as allowed in the ordinance with City Commission approval. JGG/JJF/FRS T:IAGENDA\2013\0CTOBER 16\RFQ-WASTE HAULER RFQ-MEMO.DOC 100 REQUEST FOR QUALIFICATIONS (RFQ) RFQ 178·2013ME FOR A THRID SOLID WASTE FRANCHISE CONTRACTOR TO PROVIDE COMMERCIAL WASTE COLLECTIONS AND DISPOSAL SERVICES (9 MIAMI BEACH DEPARTMENT OF PROCUREMENT MANAGEMENT, 3Ro Floor 1700 Convention Center Drive Miami Beach, Fl 33139 3 05-673-7 4 90 101 (9 MIAMI BEACH RFQ 178-2013 FOR A THRID SOLID WASTE FRANCHISE CONTRACTOR TO PROVIDE COMMERCIAL WASTE COLLECTIONS AND DISPOSAL SERVICES Section I Section II Section Ill Section IV Section V Section VI Section VII Section VIII TABLE OF CONTENTS Overview & Proposal Procedures ............... . Minimum Qualifications Requirements . Scope of Services ...................... . Proposal Format .................. . Evaluation/Selection Proce~s:., ...•............ ; .•• , .......... . Special Terms & Conditions: lnsuran¢:~::: ............... . Appendices: A -Proposal Certifi "'Requirements 102 3 6 7 14 (9 MIAMI BEACH ~ /v\1/>,;Vci BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, W#W.miomibeachR.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786-394-4006 PUBLIC NOTICE Sealed proposals, as detailed herein, will be received until3:00 PM on, November 20, 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 fOif SUBMITTING PROPOSALS BEFORE THE STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE . THE CITY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY R OCCURRENCE. The City utilizes PublicPurchase for automatic notification of bid . · any addendum to this RFP. This system allows vendors to awards. Registration is available through www.publicpurchase.com. Any prospective proposer who has received this RFQ by any means other than with PublicPurchase to assure receipt of any addendum,Jssued to this RFP. assuring they have received any addendum issued to thi~'RFP;failure to receive proposal submitted. · ·==··•· .. nt fulfillment, ilicluding the issuance of cation of new bids; addendums and PublicPurchase must register immediately proposers are solely responsible for may result in disqualification of Proposers are hereby advised that this RFQ is subject to the ~r'."'l'\"'"nn.··~l'lr,,,Q,jJWC"~nc;;:,.vn:n•u• which may be found on the City of Miami Beach website: www.miamibea ov/procurement. • CONE OF SILENCE--.. ~~ . ~~p. 2002-3378 : • PROTEST PROCE~;M"I{~S --ORD ... :,W;PE NO. 2002-3344. • DEBARMENT PR~i:DlNGS --ORtlilf.jANCE NO. 2000-3234 • LOBBYIST REGISTRAfiQ:~&ND DI~GkQSURE OF FEES --.QRDINANCE NO. 2002-3363. • CAMPAIGN CONTRIBUTION~BY v:f~OQ~ · INANCENO. 2003-3389. • REQUIREM~T JQR Cl'fY;~~,~IRACTOR • VIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS - ORDINANCEN0:~2005--3494 ··::.~.::;t, • UVING WAGE REQUIR~ENT --OR\~.:;~ • LOCAL PREFERENCE FOR MIAMI BEAt · 'sED VENDORS-ORDINANCE NO. 2011-3747. • PRE~~RENCE FOR FLORibKSMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE- CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES~ ORDINANCE NO. 2011-37 48. • CODE OF BUSINESS ETHICS.:: RESOLUTION l'iO. 2000-23879. All questions or requests fQj:J:Iarificatio~s must be received by the procurement contact named above no later than five (5) calendar days prior to the scheduled RFQ due date. The City Clerk, rafaelgranado@miamibeachfl.gov, must copied on any question or comment submitted in responSe to this RFP. All responses to questions/clarifications will be sent to Proposers in the form of a wrillen addendum. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL PROPOSALS. Sincerely, Alex Denis, CPPO Procurement Director 1 I RFQ 178-2013. Waste Haulers 103 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305.673.7490 Fax: 786.394.4006 NOTICE OF NO RESPONSE If not submitting a Proposal at this time, please detach this sheeffrom the RFQ documents, complete the information requested, and return to the address list~d above. NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND(pR INDICATED: _ Not responding due to workload issues _ Not responding due to minimum qualificatio _Not responding due to scope of services _Not responding due to project's size and/or comple _OTHER. (Please specify)---~-:-------- Note: Failure to respond, either by not submittlng a prb~:Osal or this comple,, form, may result in your company being removed from the City's bid list. .. ,r:v We do do retained on your mailing list for future proposals for the type or product and/or service. Signature: Feedback The City of Miami ~~ach is interested in cqptinuously improving the process through which it accuires required goods and services. Your feedback is important: PI&('I§B provide any {;Omments or suggestions which may assist the City in this endeavor, including infonnation on requirements, timelines, and:~licitation fonns. 2 I RFQ 178-2013. Waste Haulers 104 SECTION I -OVERVIEW AND PROPOSAL PROCEDURES A. INTRODUCTION I BACKGROUND e MLANdBEACH The City currently has three (3) contracts for solid waste/recycling collection and disposal with: Waste Management of Dade County, Waste Services, Inc., and Choice Environmental Services of Miami. A press release dated November 16, 2012 stated that Choice Environmental Services Inc. was acquired by Waste Services, Inc. As a result, the number of franchises ava~able to the City for solid waste services will be reduced from three (3) to two (2) upon the conclusion of the acquisi~on. Multi-family buildings with over 8 units are considered commercial accounts and must h~ , , aste and recycling services provided by one of the City's franchise holders. Multi-family buildings will be able tQ;;~etermine if an offer by a solid waste franchise hauler is acceptable and appropriate, or they may choose to decline. ltj~'l'~f''ii§. ·rement that the franchise holder's written acknowledgement of both the offer and any declination of service, is pro\!· eij' to t~·~ · · · ·. The Ordinance includes language to allow a multi-family building owner to 'protest an offer yide recycling services if viewed as unfair. An appeal for an Administrative Hearing has been added to address this concern ift':$ection 90-231. '-o,: ~~\;~:':<;. If an offer of recycling by one of the licensed franchise holders. is declined, a multi-family dwelling wou .~<have both the ability and the responsibility to find another qualified and licensed recycling collector. to provide service to b~n compliance with the City recycling requirement. · •· · ·••'· "" One of the Ordinance requirements for all franchise hnlrt~:~rc: and a very importantoornponent of this program, is that each offer made by a franchise holder to provide recycling bined with an appropriate offer to reduce both the volume and the cost of solid waste disposal for that specific building. In such way, the multi-family residential building should be able to decrease solid waste disposal neutralize or minimize any potential cost increase associated with the provision of recycling services. The as to the reduction of wastes for the cost associated with any of the servi.~.is left between the reconcile. Section 90, Articles I -V, ofthe MiamiBeach City Code, including all contractor and seriice requirements, shall apply to C. PROPOSAL SUBMISSION DUE DATE November 8, 2013 November 10, 2013 November 20, 2013 To Be Determined January, 2014 Following Commission Approval AA 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 31 RFQ 178·2013. Waste Haulers 105 The original and all copies, including the electronic copy, must be submitted to the Procurement Division in a sealed package clearly noted with the Proposer's name, address, and RFQ number and title. No facsimile, electronic, or e-mail Proposals will be considered. THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP, ON OR BEFORE THE STATED TIME AND DATE, WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE. ANY PROPOSAL RECEIVED AFTER STATED DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED. PROPOSALS RECEIVED AFTER THE RFQ DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. 4 D. PRE-PROPOSAL SUBMISSION MEETING A Pre-Proposal Submission Meeting will be held on the date noted in Section 1(8) at 10:00 a.m. at the following address: City of Miami Beach City Hall-4th Floor, Manager's Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of ~~;f~~Mktion, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) .. :.c,····-~ (2) Enter the MEETING NUMBER: 8982915# .i~~:Jl~~d: ·';;~, Proposers who are interested in participating via telephone should s~oo:;arre.:mail to the""C9ntact person listed Section E of this RFQ expressing their intent to participate via telephone. ~ · · E. CONTACT INFORMATION Contact: Telephone: Maria Estevez, CPPB, CPPO 305-673-7000, Extension 6558 Requests for additional information or requests for clarifications must be made in writing to the Procurement Division. Facsimile or e-mail requests are acceptable. Please send all questions and/or requests for clarifications to the contact named above, with a copy to the City Clerk's Office at RafaeiGranado@mlamlbeachfl.gov, no later than the date specified in the RFQ timetable. F. RESPONSE TO The Procurement contact will addenda issued prior to the CIS!~!lHJ)e (whether verbal or written),· Department of Procurement G. CONE OF SILENCE '"""'''""uuM TO RfQ =~-. and any ot~( corrections or amendments, as he deems necessary, in written the RFP. Prop6sers should not rely on representations, statements, or explanations .. -. this RFQ or in any written addendum to this RFQ. Proposers should verify with the · ng a Proposal that all addenda have been received. Pursuant to the city's Cone Of Silence communications between the proposer members_ pffile City's Administrative •.... , ... _ is prohibited. · ·• .• -.. - rdinance, as codified section 2-486 of the City Code, proposers are advised that oral and 1) the Mayor and City Commissioners and their respective staff; or 2) to the City Manager and his staff}; or 3) Evaluation Committee members, H. MODIFICATION/WITHDRAWALS OF PROPOSALS A Proposer may submitCI modified Propoi~!to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modificationsr~lv~d after the:fProposal due date and time will not be considered. ,c, --~ ..... Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiraUon of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. I. RFQ POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFP; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP. J. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. 4 I RFQ 178-2013, Waste Haulers 106 K. EXCEPTIONS TO RFQ Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the RFQ}. 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 ofthEfProposals, whichever is earlier. M. NEGOTIATIONS The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that by submitting a Proposal, no property interest orlegal right of any ~ind shall be created at any time until and unless a contract has been agreed to; approved by the City; and parties. · · " . N. PROTEST PROCEDURE Proposers that are not selected may protest any recommendation for !':At1~m1rm pursuant to the City's bid protest procedures (Ordinance No. """~"'-2"''~u.·,~;>,;1 Protests not timely made pursuant to the requirements of Ordinance :, accordance with ttie proceedings established · 2-370 and 2-37f<ofthe City Code. :b!! barred. c~- 0. OBSERVA~E OF LAWS Proposers are expected to be familiar with, and comply with, all Federal, State, vU\Jll!J.?c. nd City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals havio_g jurisdiction or auth , in any manner, may affect the scope of services and/or project contemplated by this RFQ (including, wilt'!otlt limitation, the Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regu!ations~aiid guldeli11es). Ignorance on the part of the Proposer will in no way relieve it from responsibility for compliance. P. DEFAULT Failure or refusal of the "u""'"'~'"' withdrawal of a Proposal liquidated damages to the grounds for removing the ... rnnn"'"' R. te a contract following approval of such contract by the City Commission, or untimely and approve~, may result in forfeiture of that portion of any surety required as required, such failure may result in a claim for damages by the City and may be dor list. ~1~-~:: ... , director, agent, or immediate family member (spouse, parent, Beach. Further, all Proposers must disclose the name of any City employee or more in the Proposer entity or any of its affiliates. Before submi ,Proposal, each er be solely responsible for making any and all investigations, evaluations, and examinations, as I t~m~ necessary, to · .. · .... lain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions anCi ·"+~ irements, and/arJailure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to .ith every"~ail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim w ever~t~~ny monetary consideration on the part of the Proposer . .. ·:~ S. RELATIONSHIP TO THE'CITY It is the in lent 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 5 I RFQ 178-2013, Waste Haulers 107 ----------------------------~ public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. U. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS This RFQ is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their Proposals, in the event of such non-compliance. V. CONE OF SILENCE This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applic~qle provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, includfn§·repdering their Proposal voidable, in the event of such non-compliance. '>" ""• W. DEBARMENT ORDINANCE "'' This RFQ is subject to, and all Proposers are expected to be or become familiar with, th~t 1 s De · to Ordinance No. 200-3234, and as codified in Sections 2-397 through 2-406 of the_Qity C&:le). ,>c->c,.c, "'\, X. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM .LAWS This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finan m laJVS, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all appl~~l)rovisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all,sanctions, as prescri~ therein, including disqualification of their Proposals, in the event of such non-compliance. ::-· ·~ · tt ; ;, ~ ' c Y. CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23879, each perso .. ., · r·,, .. nttn• that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement bid/response or withinifiv,e (5) days upon receipt of request The Code shall, at a minimum, require the Proposer, to others, the conflict of interest, lobbying and ethics provision of Z. AMERICAN WITH DISABILITIES ACT {ADA) rules and regulations including, among Dade County. Call 305-673-7490 to request material in accessible format; sign (five (5) days in advance when possible), or information on access for persons 'with disabilities. For more intnrm!11til'll1>~nn ADA compliance, please call the Public Works Department, at 305-673-7000, Extension 2984. AA. ACCEPTANCE OF GIFTS, FA~ORS; SERVICES .. ~. , Proposers shalloot~fff: a!uities, favor5, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing};:Qnsidera Jhiseroposal. Pursuant to Sec. 2·449 of the City Code, no officer or employee of the City shall accept any gift, favor Q i .,oW iCe that might reason~ tend improperly tO influence him in the diSCharge Of hiS OffiCial dutieS. ·"" ~;·':'-:~ "'="'"~ ·.,:·~~-. · .. .4tJ~ ·~·._i>"' .: · .. !.'. ·,. . SECTION'' IMUM QUALIFICAT E UIREMENTS Pursuant to ~~.,.90-229, Miami Be ity Code: the minimum qualifications to be considered in the granting of the franchise shall include: 'ki•/ii(:, •.. (1) Evidence of th~ ·~::~~;. t's ability to f~lJil all duties and requirements of a franchise waste contractor, as set forth in this chapter, and including, without limita per certifi ·:on and adequate insurance coverage. (2) Certification that the ap ~-· as ''r defaulted on any government contracts or bid awards. (3) Evidence that the applicant". a,~:. e potential for a significant amount of business within the city, comprised of either a minimum of 50 committed accounts within the c(tf;'ln the alternative, and at its sole discretion, the city commission may accept as evidence of compliance with this subsection, 50 comparaole committed accounts from outside of the city. (4) Certification that there are no unsatisfied judgments against the applicant. (5) Certification that the applicant is not, and will not be, throughout the term of the franchise agreement, affiliated with, as a parent, subsidiary, by virtue of an interlocking directorate, or otherwise, an affiliated entity of any existing, private waste contractor under section 90- J.M, et seq., or oth€r franchise waste contractor under section 90-221, et seq., including any current or prospective applicants therefore. (6) The applicant's ability and commitment to provide its customers with: a. Good service; b. Competitive prices; and c. Demonstrated and/or proposed "green" initiatives. (7) The applicant's ability and commitment to provide additional "public benefit(s)" to the city which may include, without limitation, provision of additional waste collection, disposal, and/or recycling services (at no cost to the city) to city rights-of-way, city-owned public buildings, 6 I RFQ 178-2013, Waste Haulers 108 parks, and/or beaches; voluntary cost and/or fee reductions; andfor such other city public benefits and/or services as the city manager may, in his reasonable judgment and discretion, from time to time, require. (b)lf more than one applicant for a franchise waste contractors license qualifies under the minimum qualifiCations of this division, the issuance of the franchise shall be determined by the city commission, based upon the applicant which the city commission deems, in its sole and reasonable judgment and discretion (and having considered the recommendation of the city manager to have provided the most significant public benefi~s) to the city (pursuant to subsection 90-229(a)(7)). SECTION Ill -SCOPE OF SERVICES All scope of services provided in response to any resulting agreement shall comply with the requirements of the Sec. 90-222. -List of accounts. (a) Each franchise waste contractor shall provide the city manager with the following information upon initial application for a franchise and, thereafter, at the commencement of each application for renewal: (1 )A current list of the names and addresses of each account franchise: (2)The frequency of service; (3)The permit number and capacity of each waste dumpster as per account; (4)The permit number and capacity for each recycling container, as per account; · (5)The address serviced by each dumpster; and "''fl::~ · · (6)The address serviced by each recycling container. ,::lH;~!;l(or;g~, (b) No property owner may share an account with another nrnr''""'"''"''n"' (c) Notwithstanding subsection (a)(1 ), the contractor shall in writing, on a montiJiybasis, of any changes in its list of accounts. ·' (d) Each franchise waste contractor shall notify the City ofall discontinued prior to the accumulation of garbage on the previously serviced premises. Sec. 90·223. -Monthly report. Each franchise waste contractor shall deliver to. the finance department, re the last day of each month, a true and correct monthly report of gross receipts generated ~~.iring the previous within the city. This monthly report shall include the customer names, service addre$Ses, account numbers, aunt of solid waste and of any recyclable materials collected from each customer" Payments.,of the franchise· be made monthly to the finance department, on or before the last day of each month;:ror gross r~ipts for the Contractors shall, on or before 60 days following the close of their respective fiscal yeaCdeliver td tfi'e · ·· ... , . a statement of annual gross receipts generated from accounts withil1:,~~.,£ity for the preceding fiscal year, certified· .. · an independent certified public accountant. The contractor's failure to pro · -]he.~ statement of annual gross receipts within the required time frame shall be grounds for revocation or suspensi the fran' Sec. 90-224.-Audit or ins dooks and records; Each franchise wa:Sf tor shall a' ow the city's auditors, upon reasonable notice and during normal business hours (i.e. 9:00 a.m. -5:00 p.m. Monda ttirough Friday, excluding legal holidays), to audit, inspect and examine the contractor's books and records, and state and feder~ftal< YX~I~te to city accounts, to confirm the contractor's compliance with this division. This=information shall Ift" without tr 'jrthe following: billing rates, billing amounts, sequentially pre-numbered invoices, signei:l receipts; trip ticket .. euter records, general ledgers, and accounts receivable. Additionally, the city's auditors .111ay communicate direct!~ with c?ntr~c~~: ustom,.ers for purposes of con.firming compli~nce with this d~vision. Failure to allow access to any books and records 1n th1s s ' 'all be grounds for revocat1on or suspens1on of the franch1se. Sec. 90~225. • Failure to pay franctli$e fee. If a franchise waste contractor fails to pa any franchise fee (as set forth in section 90-221 ), when due and within the lime provided, the qontractor shall pay any and all of the city's expenses for collection of same, including, without limitation, audit costs and reasoriabl~ attorney fees and costs. If the contractor fails to pay the full franchise fee on or before the last day of each month, interest shall-aecrue on the amount due at the highest lawful rate of interest. Sec. 90-226. -Evidence of payment In order to effectively provide for the collection of the required business tax receipts to the city, any person seeking to renew a business tax receipt pursuant to the provisions of chapter 18 shall provide the finance department with evidence of payment of all outstanding solid waste franchise fees, fines, and other charges, as a condition to reissuance or renewal of the business tax receipt. Sec. 90·227. • Handling of complaints. Each franchise waste contractor shall maintain an office in Miami-Dade County with adequate staff and telephone service to handle and resolve all incoming calls and complaints between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding legal holidays. Between the hours of 4:00 p.m. and 8:00 a.m., Monday through Friday, and all day on Saturday and Sunday, including holidays, each contractor shall maintain an answering service or answering machine to receive incoming calls and complaints. Any complaints received by the contractor before noon (12:00 p.m.} shall be resolved before 4:00 p.m. of that same day. Complaints received after noon (12:00 p.m.) but before 8:00 a.m. shall be resolved before noon (12:00 p.m.} of the following day. An emergency telephone number where the contractor may be reached shall be provided to the city manager or his authorized designee. 7 I RFQ 178-2013, Waste Haulers 109 Sec. 90-228. -Regulations for servicing dumpsters, compactors and other garbage facilities. Garbage collection equipment shall consist of trucks with leakproof and enclosed bodies, with compactors and sanitizing materials in each truck, and covered in leakproof garbage dumpsters. The location of each dumpster, recyclable material container, and any and all other garbage facility(ies) shall be approved by the city manager, or his authorized designee, and a permit will be issued for each. No dumpster, recyclable material container. or any other garbage facility shall be placed or serviced until such permit is issued. Notwithstanding the preceding, in the event any such facility is delivered by a contractor without a permit, the city shall still receive payment for the account in computing the franchise fee due under section 90-221. Contractors shall return dumpsters, recyclable material containers, and any other garbage facilities to approved locations after servicing. Compactors shall not be installed without a permit from the city's building department. Each garbage facility and/or each recycling container must bear the name of the contractor and must be serviced and sanitized at least twice weekly. Garbage facilities or recycling containers located on public property, or without a city permit, shall be deemed abandoned and will be removed by the city at the contractor's expense, pursuant to section 90-331 et seq. Service pickups by trucks are to be made from streets and driveways. Trucks shall not be driven or parked on sidewalks at any time. Contractors may not park any truck on any public or private property within the city when not being used to service accounts. Collection hours for all solid waste ()r. recyclable materials shall be between the hours of 7:00 a.m. and 7:00 p.m. only. All permanent employees of contractors shall carry identiftcation cards, approved by the city manager or his designee, at all time(s) while servicing accounts. In addition to the req~ired solid waste and recyclable materials collection pursuant to the provisions of this section 90-228, .... , other requirements of this chapter, contractors shall include the collection of garbage, rubbish, trash, and recyclable to and within that .immediate area of the owner's private property line where a dumpster, compactor, recycling , or facility may be locat!!d and, at a minimum, within a radius of ten feet surrounding the location of said containe or garbage facility, regardless of whether such garbage, rubbish, trash, or recyclable materials may or may . · in a recycling container, or other garbage facility. Such immediate collection of garbage, rubbish, trash or be incorporated by .fX>Otractors as part of their regularly scheduled service pickups. - Sec. 90-229.-Selection of franchise waste contractors. (a) Except as provided in section 90-233, the city shall not authorize more . . franchise waste contractors for residential and commercial solid waste collections and disposat· Each applicant for a · ·• •. : ·· · or for a renewal thereof, shall submit its qualifications, in writing, to the city manager. The' minimum qualifications to be '·I.· · the granting of the franchise shall include: · (1) Evidence of the applicant's ability to fulfill all duties and requirements of waste contractor, as set forth in this chapter, and including, without limitation, proper certificationalld insurance coverage. (2) Certification that the applicant has never defaultedOn any government contracts or bid awards. (3) Evidence that the appflcant has the potential for a significant amount of business within the city, comprised of either a minimum of50 committed accounts within the city. In the alternative, and at its sole discretion, the city commission may accept as evidence of c:O,rriptiance with this subsection, 50 comparable committed accounts from outside of the city. (4) Certification that there are'no unsatisfied judgments against the applicant. (5) Certification that the appljccmt is not, and will not be, throughout the term of the franchise agreement, affiliated with, as.~~arent, subsidiary, by virtue ofaJ11£l~erlocki~g;directorate, or otherwise, an affiliated entity of any existing, private ·»J~coo.traQtor under section 90-19~,··et seq.;•or other franchise waste contractor under section 90-221, et seq., ,. ·includlngany cu nt or prospective applicants therefore. (6) The appir··· ~ility and commitment to provide its customers with: a. Go ·ice; . b. Com .:ipnces; arid. :~. c. Demonsiffi~ and/or proposed "green" initiatives. ··:1 :(TI:~lhe applicant's a · '' nd commitment to provide additional 'public benefit(s)" to the city which may include, without liri'!ilfitiQJl, provision o . , . itional waste collection, disposal, and/or recycling services (at no cost to the city) to city rights- ~~,,,,:~-L:.r<-t.,>).i'o'; of-W'ay'i'~ty-owned public buildings, parks, and/or beaches; voluntary cost and/or fee reductkms; and/or such other city public beij~fits a ,.. :services as the city manager may, in his reasonable judgment and discretion, from time to time, require. ··~· ...... (b) If more than one a . . ant for a franchise waste contractors license qualifies under the minimum qualifications of this division, the issuance of the franchise shall be determined by the city commission, based upon the applicant which the city commission deems, in its sole and reasonable judgment and discretion (and having considered the recommendation of the city manager to have provided the most significant public benefit(s) to the city (pursuant to subsection 90-229(aX7)). Sec. 90-230. ·Term of franchise agreements; initial term; renewal term. (a) Effective May 1, 2010, franchise agreements shall have an initial term of five years. As to those certain franchise agreements between the city and franchise waste contractors in effect as of May 1, 2010, but having an initial three-year term which commenced on October 1, 2009, said initial term shall be extended from three to five years (with the five-year term commencing retroactively as of October 1, 2009). (b) At the expiration of the initial term of a franchise agreement, or earlier revocation of the franchise, the city commission may choose, in its sole discretion, to accept applications for new franchise waste contractors, or, in the alternative, to renew an existing franchise agreement for an additional three-year renewal term. sl RFQ 178-2013. Waste Haulers 110 Sec. 90·231. • Recycling requirements for franchise waste contractors; protest procedures. {a) Recycling requirements. (1) Each franchise waste contractor shall, as a condition of the franchise, be required to offer directly, or through a subcontractor, recycling for any and all accounts {as defined below) serviced by the contractor (including, without limitation, any and all commercial and residential accounts). (2) Each contract with a franchise waste contractor for waste collection and disposal services (an account) shall include a proposal to provide recycling. Such proposal shall, to the maximum extent that is commercially feasible, maximize recycling activity in the city, and provide for sufficient flexibility in recyclable materials container size and location (as is both necessary and consistent for the particular account). (3) Each recycling proposal shall be required to disclose to the account holder the savings offset that is anticipated as a result of the recycling and the consequent reduction of solid waste disposed; wqyided, however, that the recycling proposal (and the required savings offset) shall remain within the purview ocmefr~hise waste contractor and the particular account holder to negotiate. ,,,.~. "'' (4) Effective May 1, 2010, all contracts between a franchise waste conl[at!otand an account holder for the collection and disposal of solid waste in the city shall be modified to include a ~JsjVisiont()"q,er/provide recycling, consistent with the provisions of this subsection 90-231 (a). The franchise waste '" tor sha~ given a six-month grace period commencing on May 1, 2010, to amend all of its contracts (incl4ding racts with· l account holders) to include a provision offering the required recycling services. ' : , (b) Protest procedures for multifamily residences only. In the event that the recycling bid and/or price:qqO,~ (hereinafter, the offer) provided by the contractor to an account holder who is an owner, occupant, or operator or manager of}:(' artment building or other multifamily r~sidence, is deemed unfair by said owner, oceupCJnt. or operator or manager, then the party may file a protest with the city manager. Any such protest must be submitted-inwriting; m.~.~t. be made within 30 day receipt of the offer by the aggrieved party; must include a copy of the offer; and must clearly state the reasons and grounds t t the aggrieved party considers the offer to be unfair. Protests not made within the time period setforth in the preceding sentence shall be time-barred and shall receive no further consideration. Uponreceipt of a timely written p@est, the city manager shall provide a copy to the particular contractor, who may respond to the pro'''· ,ip writing, within 15 days'of receipt of the protest. At the end of the 15 days, the city manager has 30 days to direct that an a ~ff · hearing be scheduled to consider the protest {which hearing need not necessarily be held within the 30-day period). .,.,'19 rty and contractor shall be given written notice, certified mail return receipt requested, of the hearing date. The hearing s . dUeled by the city manager, or a designee appointed by the city manager, and shall be conducted in accordance VJifh the ''liS:!~ · is ed pursuant to section 102-385. At the hearing, the city manager or his designee may hear testimony ani:t.c er any r~ vidence from the parties regarding the subject protest and, at the conclusion o(the hearing, the city .. ,... er or his de e shall make a written determination as to the fairness or unfairness oftne protest An offer shall not be' . emed to be unfair if it provides for prices, terms, and services as would be provided to buildings of comparable size and chara"' ~! within the area, and which is competitive within the local industry standards. If the offer is deemed unfair, the city manager, or ffie ,city manager's designee, shall require the contractor to provide the aggrieved party with a 11~~pffer that meets the minimum c~Iena for fairness (as established in the preceding sentence). The contractor's failure or refusal':\tQ prqvide a Jai[ alt13mate bid :'and/or quote may be grounds for suspension or revocation of ·· reemerif' :· "-·• ' .· ··· ·· ..V.ii\tr<ii .. 1"• becomes insolvent or if the contractor files a petition of voluntary or involuntary bankruptcy, its nolatet.than the date of filing of the bankruptcy petition. ling~~; of sections 90-221 through 90-231, until such time as the city commission approves and ram for multifamily residences. which program may also include recycling for commercial df:!;J~o .. ,;tt.~rl by section 403.7046, Florida Statutes {hereinafter, the "city-wide recycling program"), nse individual recycling contractors (pursuant to section 90-306 et seq.). at any time to approve and implement a city-wide recycling program, the city manager shall waste contractors {subject to and as permitted by Section 403.7046, Florida Statutes), for the and conditions connected with the provision of recycling pursuant to the city's program, and as to that portion of the pertaining to multifamily residences. The terms, including rates to be charged by contractors shall be comparable to those established in municipalities in Miami-Dade, Broward and Palm Beach Counties for provision of similar recycling services. (c) Each franchise agreement between the city and a franchise waste contractor shall require that, in the event that the city commission approves and implements a city-wide recycling program, any franchise waste contractor who opts not to provide the required recycling services for multifamily residences under the city's program, must notify its account holder, in writing, informing them that they may, within 60 days of receipt of the notice, elect to terminate their account and then existing contracts with said contractor, without liability to the account holder. (d) If none of the franchise waste contractors come to an agreement with the city manager within 60 days, the city manager may, at his/her option, provide recycling pursuant to the approved city-wide program by: 9 I RFQ 178-2013, Waste Haulers 111 (1) Entering into an agreement with other persons to provide recycling to accounts serviced by franchise waste contractors; (2} Entering into an interlocal agreement(s); and/or (3} Granting additional franchises to waste contractors who are willing to provide the recycling services required by the city, and who shall also have all privileges and duties of franchise waste contractors as set forth in this chapter (including those pertaining to collection and disposal of solid waste). (e) If the city enters into agreement for provision of recycling services pursuant to the approved city program, except for an interlocal agreement, rates charged for recycling in the city by those contractors shall be set and approved by resolution of the city commission. (D Notwithstanding anything to the contrary in this section 90-233 or the city-wide recycling program {if approved and implemented), selection of recycling contractors to service commercial establishments under the program shall be in accordance with the requirements of Section 403.7046, Florida Statutes, as same be amended from ti~to time. Sec. 90-234.-Revocation of franchise. · · Failure on the part of a franchise waste contractor to comply in any material way with !he provisions of this chapter or with its franchise agreement shall be cause for termination and revocation of the franchise, but no such termination shall take effect if the reasonableness or propriety thereof is protested by the contractor until a cOli!Lof competenljurisdiction (with right of appeal in either party) shall have found that the contractor has failed to comply in riaF·t~spect with any of the provisions of this chapter or of the contractor's franchise agreement with the city. If such protest ~· tne contractor shall continue to pay the city the franchise fee required by this chapter and its franchise agreement city.~ Sec. 90-235. -Required certification and disclosure form for (a) Effective May 1, 2010, all contracts between a franchise . of solid waste in the city shall require the franchise con the contracting party, which is the contractor's customer/account Miami Beach franchise waste contractor customers), in the form soecltle~o' forms shall be the franchise waste contractor, maintained along with l"'nn·tr::or't~ (b) In order to enforce the provisions of this section:, the city manager and/or the term of the franchise, request that the franchise wa$te contractor provide true for its customer(s)/account holder(s). Contractor's compliance \Vltll· this section may pursuant to section 90-224 · ·... · · . . . . {c) A franchise waste contractor's failure to comply with the provisi9hsofthi~ ~139~on of contractor's franchise ....... with the city. ·· · · · · · t holder for the collection and disposal re the franchise waste contractor to have disclosure and certification (for City of 1. The executed certification and disclosure and other records. olhr•ri?<>ri designee may, at any time during of any or all disclosure forms enforced by city audit or inspections be grounds for suspension or revocation process and asSist the Evaluation Committee in review of proposals, it is strongly in accordance with.the sections and manner specified below. Hard copy submittal d be tabbed as enumerated below and contain a table of contents with page contents with page references. TAB 2 I Qualifications of Proposing Firm. experience and qualifications of the Proposer in providing the services detailed herein. · Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used if awarded, the role that each team member wlll play in providing the services detailed herein and each team members' qualifications. A resu~ of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this eontract. Financial Capacity. 2.4.1 D&B REPORTS. The prospecUve Provider shall pay D&B to send the Supplier Qualifier Report {SQR) to the prospective Provider and the Department through electronic means. The cost of the preparation of the D&B report shall be the responsibility of the prospective Provider. The prospective Provider shall request the report from D&B at httos://supplieroortal.dnb.comfwebapp/wcs/stores/servlet/SupplierPortal?storeld= 11696 10 I RFQ 178-2013. Waste Haulers 112 -------------------------------- balance sheets {statements of financial position) and statements of profit and loss {statement of net income). When the submittal is from a co venture, each Proposers involved in the co venture must submit financial statements as indicated above Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. Through the information provided in Appendix A, proposer's financial capacity, litigation history, past performance, as well as other factors, may be assessed. TAB 3 • 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 solution(s), approach and methodology to project implementation, project timeline and any other factor that may impact the successful completion of the project. - In addition to clearly addressing how Proposer will comply with the requirements of this RF~1 :i~B~~jng those requirements noted in the scope of services section and in Section 90, Articles I -V, of the Miami Beach City Ceq~; proposer shall address the following scope of services requirements: o. • • • customer service; • environmental sustainability {green) initiatives; • any and all value-added services related to the scope of this RF, ,,.\.;ttitE~~- 11 I RFQ 178-2013, Waste Haulers 113 SECTION V-EVALUATION I SELECTION PROCESS The procedure for response, evaluation and selection will be as follows: 1. The RFQ will be issued 2. A Pre-Proposal Submission Meeting with potential Proposers will be conducted. 3. All timely received Proposals will be opened and listed. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the RFP. If further information is desired, Proposers may be Hlquested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee will recommend to the City Manager the Proposer or Pro~r$ that it deems to be the best 6. 7. 9. 10. candidate(s) by using the following evaluation criteria: ·· :c~'"':;c:'-: 25 75 Scope of Services and Methodology, including: Customer Service Environmental Sustainability {Green) lnitiati.~s Value-Added Services .:.:;. . .. . . . ' . LOCAL PREFERENCE: The City, through the Procurement Division, will assign an additional five {5) poi Proposers which are a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. · VETERANS PREFERENCE: The City, throug)'l the Procurement Division; will assign an additional five (5) points to Proposers which are a small business concern owned an,,~ oiled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinan · The City Manager shall recommend to the City Com , ,c I or Proposals which he deems to be in the best interest of the City. '\~(,,, , , The City Commission shall consider the City Manager's f~o n a 1on an 2' ropriate, approve such recommendation. The City Commission may alse~'?(\t.S~op.tion, reject the City·~ .. , ager's recomrT);~\ ation and select another Proposal or Proposals which it deems to be in th~best interest of the City, or it may~tso reject all Proposals. Negotiations between the"City and the selected Proposer(s)"UI take place to arrive at a mutually acceptable Agreement. If the City Commission has so dire~ted, the City may proceed to n'eg()~~te an Agreement with a proposer other than the top-ranked ~~~ :~ . w The final proposed agreemenf(~lWiH be pres~ntj3dtotbe City Commission for approval. If the approve<! by the City c6r\imtssion, the Mayor and City Clerk shall execute the contract{s), after the . (or have) done so. ll[~f'' .. totl • .-u"'.-"'" SHALL BE DEEMED TO UNDERSTAND AND AGREE THAT NO PROPERTY 12 I RFQ 178-2013, Waste Haulers KIND SHALL BE CREATED AT ANY POINT DURING THE AFORESAID AND UNLESS A CONTRACT HAS BEEN AGREED TO AND SIGNED BY BOTH 114 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, Jrd 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 '" connection with the work, in an amount not less than $1,000,000 combined singl ~~:Jtper occurrence forbodily injury and property damage. ...,,!,, · All insurance policies required above shall be issued by comp~,H ... Florida, with the following qualifications: • The company must be rated no less than "B" as to management, strength, by the latest edition of Best's Insurance Guide, published · y:' Jersey, or its equivalent, subject to the approval (')f the City Risk Managet or The company must hold a valid Florida Certificate of Authority as shown in t~e latest "List of All Insurance Companies Authorized or ·· in Florida" issued by the State of Florida Department of Insurance and are members of the .. ,"r"'""·''"'' Certificates will indicate no 1110tll'fiGj~ certificate holder. CERTIFICATE HOLDER. CITY OF MIAMI co::·Mo~n 1700 CONVE 3RDFLOOR · ... MIAMJ~EACH, FL 33139 c in insurance shall be made without thirty (30) days in advance notice to the 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 ag~~·~ment. 131 RFQ 178-2013, Waste Haulers 115 SECTION VII-GENERAL CONDITIONS t GENERAL TERMS AND CONDITIONS. It is the responsibility of the Proposer to become thoroughly familiar with the Proposal requirements, terms and conditions of this solicitation. Ignorance by the Proposer of conditions that exist or that may exist will not be accepted as a basis for varying the requirements ol the City, or the compensation to be paid to the Proposer. 2. DEFINITIONS. The following words, terms and phrases, when used, shall have the meanings ascribed to them except where the context clearly indicates a different meaning. a. Proposal -shall refer to any offe~s) submitted in response to this solicitaton. b. Proposer /Contractor/Offeror -Any individual, firm, or corporation submitting a proposal for this Project acting dinectiy or through a duty authorized representative. c. Proposal Solicitation -shall mean this solicitation documentation, including any and all addenda. d. Proposal Submittal Form-defines the requirement of items to be purchased, and must be completed and submitted with Proposal. The Proposer should indicate its name in the appropriate space on each page. e. City-shall refer to City of Miami Beach, Florida I. City Commission-City Commission shall mean the governing and legislative body or the City. g. City Manager -City Manager shall mean Administrative Officer ol the City. h. Comparable Facility -A facility that, when use. revenue. and other applicable criteria. is i Miami Beach Convention Center (MBCC) which million gross square loot facility averaging a minimum million in annual gross food and beverage sates. Controlling Financiallnte~t:".means the ownership, or indirectly, of 10% oni!Ore of tile CiU!Sianding capital stock i any corporation or a direct or indirect Interest of 10% or more in a firm. . j. Domestic Partner. The term Domestic Partner shall mean any two (2) adults of the same or opposite sex, who have registered as domestic partners with a S<wemment body f)U(5uantto state all City. ng such ~i$traUon, or with an internal the empJOYe( of at least one'nf:cibe ((:~l!llrEictol maflnStitute an internal registry benefits to employees with their partnerships pursuant registratioO:or who are governmental domestic Evaluation of individuals appointed by the City ' indude City personnel, residents, industry experts individuals whose purpose is to evaluate the received in response to this RFP and who may ' non-binding recommendation to the City Manager on the selection of a short-list of proposer (s) who the City Manager, at his or her discretion. may present to the City Commission for consideration and, if approved by the City Commission, who may be further considered during the contract negotiation phase. m. Firm -means a corporation, partnership, business trust or any legal entity other than a natural person. n. Negotiation Team -A committee of individuals appointed by the City Manager that may include City personnel, residents, industry experts and other individuals whose purpose is to 141 RFQ 178-2013. Waste Haulers 116 0. p. q. negotiate a contract, after City Commission has approved a short-list of proposer (s), and who may make a non-binding recommendation to the City Manager on the selection of short- listed proposer (s) who the City Manager, at his or her discretion. may present to the City Commission for consideration and final award. Successful Proposer -shall mean the Proposer (s) recommended for award. Term Applicant -shall mean an individual, partnership, or corporation, which submits an application in response to this solicitation. Responsible Proposer :A proposer who is qualified, as determined by the City, on the basiS or the following criteria: • Whether the p'roposer can pertorm the contract within the time specified, WilhQU.tdelay or interference. The charactel';~nteg~ty. reputation, judgment, experience and efficiency of the proposer . • The quality of performance of previous contracts. The previous and existing oompliance by the proposer with laws and ordinances relating to the contract r. Responsive Proposer -6 proposer .whpse submittal is determined by the City to be in conformance with th~;~. requirements, .,_ and specifications detailed in the specificati6'~s:: i' ·.' . s; :·· :"Yendor -a person and/or entity. which has been selected by the C1ty /'~:~s the successful proposer on a present or pending proposal for gOods, equipment or services, or has been approved by the City on a present Or pending award for goods. equipment or services, prior to or upon execution of a contract. purchase order or standing order. For additional information about on·line vendor enrollment or vendor pre~qualification,. please contact Procurement at 1700 Convention Center Drive, Miami Beach, FL 33139; Phone 305-673- 7490. Or email: · · ·' ~~!!.!!]~~~!!!!~!!!&12! Vendors can register with the website: www.miamibeachfl.gov and click on City Departments. D. Deduct trade discounts and quote firm net prices. Give unit price and extended total, when requested. Prices must be stated in units of quanUty specified in the proposalding specifications. In case of discrepancy in computing the amount of the proposal. the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). Discounts for prompt payment; The Proposer may offer cash discounts lor prompt payments; however, such discounts will not be considered in determining the lowest price during proposal evaluation. Proposer s are requested to provide prompt payment terms in the space provided on the Proposal submittal signature page or the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be proposal separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of proposal(s). 4. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 5. MISTAKES. Proposer s are expected to examine the specifications, delive!)' schedules, proposal prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the proposer 's risk and may result in the proposal being non- responsive. 6. CONDITION AND PACKAGING. Proposer guarantees items offered and delivered to be the current standard production model at time of proposal and shall offer expiration dating of at least one year or later. Proposer also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of ress than 12 months from date of acceptance. All containers shall be suitable for storage or shipment and all prices shall include standard commercial packaging. 7. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Proposal, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. B. CITY'S RIGHT TO WAIVE OR REJECT PROPOSALS. The City Commission reserves the right to waive any informalities or irregularities in this Proposal; or to reject all proposals, or any part of any proposal, as it deems necessary and in the best interest of the City of Miami Beach. 9. EQUIVALENTS. If a proposer offers makes of equipment or brands of supplies other than those specified in the Proposal specifications, he must so indicate in his proposal. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. 10. The proposer shall indicate in the Proposal Fomn the manufacture(s name and number if proposing other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Proposal. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications. and MUST BE INCLUDED WITH THE PROPOSAL NO PROPOSALS WILL BE CONSIDERED WITHOUT THIS INFORMATION. 11. Lacking any written indicaticn of intent to quote an alternate brand or model number, the proposal will be considered as a proposal in complete compliance with the Proposal specifications. 12. Note as to Brand Names: Catalog numbers. manufacturen;' and brand names, when listed, are infomnational guides as to a" · · . of acceptable product quality level only and should not be co an endorsement or a product limitation of recognized and manufacturers. Proposer s shall formally substantiate and ve product(s) offered conform with or exceed quality as listed ' specifications. 13. EMERGENCY RESPONSE PRIORITY. It is hereby made a part this solicitation that before, during, and a~r a public emergency, disaster, hurricane, tornado, nOOd. or other !l~ .of fence majeure that the City of Miami Beach, t=IO~da shall receive a "first Priority" for any goods and services ooliei'ed u.nder any aw'a.Ki resulting from this solicitation, including balance of line items as applji:able. It is ~ital and imperative that the majority of citizens are protected from any emergency situation that threatens public heallfl and safety, as deterrnin . By ~irtue ofsubmitting a response:k:ili~. · · solicila • provide aH award-related goOdf'~rid ·,. · rity' under the emergency conditions ·cT CONDITIONS. Items may be r compliance with s ··~ans. ItemS: :delivered, not ,to specifications, may'W~iejected a~ ietumed at the propo .;. ~~~nse. These items, as .. Well as items not delivered as per delivery .dale in proposal and/or. purchase order, may be purchased byL · · , at its discne ·::~l on the open market. Any increase in cosl charged a the proposer . Any violation of these stipulatio ;!lso 1n the proposer 's name being remo~ed from the Ci · · 15. PRODUCT INFORMATici~~§o"' Product literature, specifications, and technical inforrnai\Oh: including Manufacturer's Safety Data Sheets (MSDS) should be provided with this proposal as an attachment to the 'PROPOSAL FORM". However. in all cases must be pnovided within five (5) calendar days upon request from Purchasing Agent. 16 SAMPLES. Proposals submitted as an 'equal" product must be acoompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request be returned at the proposer's expense. Proposers will be resjXlnsible for the removal of all samples furnished within (30) days after proposal opening. All samples will be disposed of after 15 I RFQ 178-2013, Waste Haulers 117 thirty (30) days. Each individual sample must be labeled with the proposer 's name. Failure of the proposer to either deliver required samples, or to clearly identify samples may be reason for rejecton of the proposal. Unless otherwise indicated, samples should be delivered to the Procurement Division. 1700 Convention Center Drive. Miami Beach, FL 33139. 17. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within .....• • working hours of the City using Department, · · excluding holidays. Receiving hours are holidays, from 8:30 A.M. to 5:00P.M. 18. 19. LATE SUBMISSION. All proposals after the date, time, and place sper,:ifjed in the Proposal, wil the proposer unopened, anc!will not be considered. T for submitting proposals before the stated time and date i the responsibility of the proposer::' The City will not be for delays caused by mail, couiier service, or any other entity or occurrence. Facsimile. electronic.: or a-mailed proposals will not be accepted. 20. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at'tlestrnation. unless otherwise provided. Title to (or risk of loss or darriage · to) all. items shall be the responsibility of the successful proposer until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the ~itt· . 1J1>:: . t or supplies supplied to the City are found to be do not conform to the specifications, the City reserves the right to· eel the order upon written notice to the seller, and return the product, at the proposer's expense. PAYMENT. Payment will be made by the City after the items have been received, inspected. and found to comply with Proposal specifications, free of damage or defect, and properly invoiced. 23. DISPUTES. In case of any doubt or difference of opinion as to the items and/or se!Vices (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 24. LEGAL REQUIREMENTS. The proposer shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws. ordinances. and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the proposer withlof Applicable Laws will in no way be a cause for relief from responsibility. 25. PATENTS & ROYALTIES. The proposer shall indemnify and save hamnless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including 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, including its use by the City of Miami Beach, Florida. If the proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device. or materials in any way involved in the work. 26. OSHA. The proposer warrants to the City that any work, seiVices. supplies, materials or equipment supplied pursuant to this Proposal shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970. as amended. and the failure to comply with this condition will be deemed breach of contract Any fines levied because of inadequacies to comply with this condition shall be borne solely by the proposer . 27. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, Count{, and Federel laws, rules, regulations and codes. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their design ale<! duties. Proposer agrees to furnish to the Cit{ any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of proposer to comply with this paragraph shall constitute a material breach of this contract 28. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 29. ANTI-DISCRIMINATION. The proposer certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 30. AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to re>Jiew any document or participate in any city-sponsoned proceediog, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305~ta;;f'2}ll, (TTY) five days in advance to initiate your request. TTY us~mif( also call711 (Florida Relay Service). ,, 31. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where proposer s are required to enter on to City of Miami Beach property to deliver materials or services as a result of the Proposal, the proposer duty, obligation and expense of obtaining all ·· its, and insurance, and assure all wor11 . The proposer shall be liable for by negligence of the contractors. and/or agents, for 32. PROPOSAL INSURANCe: · Bonds, when the proposal in the aniounl specified in acceptance of the proposal, the City will notify to submit a performance bond and certificate amount specified in the Special Conditions. 33. DEFAULT. Failure or refusal of a propi>Ser to a contract upon award, or Wl!l:!drawal of a proposal refire such award is made, may result in forfe(ll:ire of that portion of cl'l)Y; 'proposal surety requined as liquidated da~i'S,jncurred by the GllY thereby; or, where suret,r is not required, failuie,'toexecute a coqf.lct as described above may be grounds for removing the proposer frOm the City's proposers list 34. CANCELLATION. In the evenUmy of the provisions of this Proposal are violated by the proposer, the City shall give written notice to the proposer stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its Cit{ Manager, may declare the contract in default and terminate same, without further notice required to the proposer . Notwithstanding the preceding, the City. thnough its Cicy Manager, also reserves the right to terminate the contract at any lime and for any reason. without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the proposer. 35. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must 16 I RFQ 178-2013, Waste Haulers ----------------------- show purchase order numbers and shall be submitted to the ordering City department 36. SUBSTITUTIONS. The City WILL NOT accept subsmute shipments of any kind. The proposer is expected to furnish the brand quoted in its proposal. Any substitute shipments will be returned at the proposer's expense. 37. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the proposer's facilities at any time, upon reasonable prior written or verbal notice. 38. PROTEST. In the event a prospective proposer wishes to protest any part of the General COriditions, Special Conditions and/or Technical Specifications contained in this it must file a notice of protest in writing to the Procurement Director, with a copy to the City Cler11, at least ten (10) business days~ll!for to the Proposal opening date and hour specified in ihe solicitaliOrl. . Any proposer , who has a substantial 39. interest iri, and is aggrlel!ed in connection with the solicitation or ·award may proteSt to the Cit{ Manager or his or her ,.,"1-·""" anytime until two (2) business days following the release of M:!I~Mo'!l'~ written recommend~~.on to the City Commission, and released in tll!:Qity Commission agenda of the proposal in quest~oo":in. accordance with City Ordinance No. 200i33G;s:which establishes JM;m:c1po~•al protests and whicfi:'.'Ciiii be found on the cul'!~ml!at1Ni'!llSite. Failure to file a timelY notice of protest will .... ............ _ oi proceedings. ADDENDA TO PROPOSAL : If a proposer is in doubt as to the true meaning of or other Proposal documents, or any part submit to the City, at least ten (10) csr.r1""'""" Proposal opening date, a request WILL BE RECEIVED VERBALLY ··· 40. Any interpretation of the Proposal, including, without limitation, responses to questions and request for clarification(s) from proposer s. will be made only by Addendum duly issued by the Cit{. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The proposer shall be requined to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a proposal non-responsive. 41. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative. unless issued by the City via formal written Addendum to this Proposal. 42. Any questions or clarifications concerning the Proposal shall be submittoo in writing to the Department of Procurement Management (DPM) 1700 Convenlion Center Drive, Miami Beach, FL 33139 with a copy to the City Cler11 43. DEMONSTRATION OF COMPETENCY. 44. Pre-award inspection of the proposer 's facility may be made prior to the award of contract 45. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Proposal. 46. Proposer s must be able to demonstrate a good record of performance for a reasonable period of time. and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Proposal. 47. The terms 'equipment and organization', as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the Cit{ of Miami Beach. 118 48. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a proposer , including past performance (experience), in making an award that is in the best interest of the City. 49. The Citj may require proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the Citj. Any material confiicts between information provided by the source of supply and the information contained in the proposer's proposal may render the proposal non-responsive. 50. The City may, during the period that the contract between the City and the successful proposer is in force, review the suocessful proposer 's record of perfonmance to ensure that the proposer is continuing to provide sufficient financial support, equipment and organization as prescribed in this proposal. Irrespective of the proposer 's performance on contracts awarded to it by the City, the Citj may place said contracts on probationary status and Implement termination procedures if the City determines that the successful proposer no longer possesses the financial support equipment and organization which would have been necessary during the proposal evaluation period in order to comply with the demonstration of competency required under this subsection. 51. DETERMINATION OF AWARD. Unless otherwise stated in the Special Conditions, The Citj Commission shall award the proposal to the lowest and best proposer . In determining the lowest and best proposer, in addition to price, there shall be considered following: a. The ability, capacity and skill of the proposer orm the contract. b. Whether the proposer can perform the contract time specified, without delay or interference. c. The character, Integrity, reputation, judgment, expe and efficiency of the proposer. d. The quality of performance of previous contracts. e. The previous and existing compliance by the proposer Applicable Laws relating to tM contract 52. ASSIGNMENT. The successful proposer shabot assign, transfer, convey, sublet or otherWise dispose of the cOiltrad, including any or all of ils right Iitle or Interest !herein, or h~herorits power to execute such contract, to any person, company or corporation, without the plior written consent of the City. ·. 53. 55. the suceessful proposer {s) or non-profit agencies may of thiS contract at the agency: of the City to purchase from the successful right to purchase the items or on an as-needed basis 56. ELIMINATION FROM COl4SIDERATION. This proposal shall not be awarded to any person Qiflrm who is in arrears to the Citj upon any debt, taxes, or contracts which are defaulted as surety or otheiWise upon any obligation to the Citj. 57. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quan~ties or dollars that will be used during the contract period. The City is not obligated to place any onder for a given amount subsequent to the award of this Proposal. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The Citj may use said estimates for purposes of determining whether the low proposer meels specifications. 171 RFQ 178-2013, Waste Haulers 58. COLLUSION. Where two (2) or more related parties each submit a proposal or proposals for any contract, such proposals or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such proposal or proposals. "Related parties· means proposer s or the principals thereof which have a direct or indirect ownership interest in another proposer for the same contract, or in which a parent company or the principals thereof of one (1) proposer have a direct or indirect ownership Interest in another proposer for the same contract. found to be collusive shall be 59. 60. 61. 62. rejected. Any • Proposal; then a conflict between the Proposal documents shall be as follows: agreennaot l'lisulting from the award of this Addendum issued for this t""rclllll1iBI>-wm ... __ taking precedence; then · :::;-(il, The Proposal; then 119 6t The prll{lOSer 's proposal in response 65 .. REASONABLE ACCOMMODATION. In with Title II of the Americans with Disabili~es Act, any person requiring an acc<lmnlt)(jation at the Proposal opening because of a disabilitj must contact tllel'rocurement Division. GRATUITIES. Proposer s.shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this .ro osal. . . .f~POSAL CONSIDERED AN OFFER. The signed proposal$1fcill be considered an offer on the part of the proposer , which pffE!r shall be deemed accepted upon award of the proposal by the CitY Commission. In case of default on the part of the successful proposer , after such aoceptance, the City may procure the items or se111ices from other sources and hold the proposer responsible for any excess cost occasioned or incurred thereby. TIE PROPOSALS. In aocordance with Florida Statues Section 287.067, regarding identical tie proposals, preference will be given to proposer s certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more proposer s after consideration or the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists bet.veen proposers that are not Local or Veteran, the breaking of the tie shall be at the City Manage~s discretion, which will make a recommendation for award to the Citj Commission. 69. DELIVERY TIME. Proposer s shall specify in the attached Proposal Form, the guaranteed delivery time (in calendar days) for each item. It must be a fimn delivery time; no ranges (For example, 12-14 days) will be accepted. 70. TERMINATION FOR DEFAULT. If the suocessful proposer shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Proposal and/or the contract entered into with the City purouant thereto, the City shall thereupon have the right to tenninate the work and/or services then remaining to be performed by giving written notice to the proposer of such termination, which shall become effective upon receipt by the proposer of the written temnination notice. 71. In that event, the City shall compensate the successful proposer in aocordance with the term of the contract lor all work and/or se111ices satisfactorily performed by the proposer prior to termination, net of any costs incurred by the City as a consequence of the default 72. Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the proposer, and the City may reasonably withhold payments to the successful proposer for the purposes of set off until such time as the exact amount of damages due the City from the successful proposer is determined. 73. The City may, at its discretion, provide reasonable "cure period" for any contractual violation prior to termination of the contract; should the successful proposer fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in aocordance with this subsection 1.57. 74. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful proposer of such termination. which shall become effective thirty (30) days following receipt by proposer of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful proposer in aocordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful proposer , and shall also compensate the proposer for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful proposer for any that the successful proposer expected to earn on the balanced Such payments shall be the total extent of the City's i successful proposer upon a terminafion as provided subsection. 75. INDEMNIFICATION. The successful Proposer shall hold harmless the City and its officers, employees. instrumentalities from any and all liability, losses or ti''"'"n . ....:', including attorney's fees and costs ot defense, which the City or officers, employees, agents or instrumentalities may incur as a result o~ claims, demands, suits, causes of actions, ;O(proceedings of any k1nd or nature arising out of, relating to '.()(.·resulfing from the performance of the agreernentby the succesSful Proposer or its employees, agents, servants,· partners, principalS or subcontractors. The successful Proposer shall pay all claims al'ld losSeS in connection therewith, and defend all claim:{ suits or actii)n:; of name OfJt)e ·City, where appH&i~ and shall pay' all costs, judgments,· the@n. The successful agrees :that any insurance otherwise. provided by the limit the ~sponsibility to the City or its officers, as herein provided. The survive the expiration or 16 I RFQ 178-2013, Waste Haulers 120 termination of this Agreement 76. 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 lime will NOT be considered. 77. 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 of withdrawal received after contract 78. award will NOT be one (1) or •. Eire p~ing illt"'m"liv"• · · must notify the prior to the deadline for the requirements in this m·n~sl)4lnsive and receive no further I not be able to meet in this Proposal and you to said requirements, you . at least five (5) days the right to revise the scope of . deadline for ·~ceipt of proposals. . .,,.·: .. The City reserves prior to the 79:; FLORIDA jlUBLIC RECORDS LAW. P ... s are hereby notified that aN Proposal including, without limitation, any and all information and doct,n:nentation submitted therewith, are exempt from public records I:EiQU,irements under Section 119.07(1), Florida Statutes. and s. 24(a); llit.~1;of the State Constitution until such time as the City provides nofite:ot an intended decision or until thirty (30) days after opening of the proposals; whichever is earlier. Additionally, Contractor agrees to be in fuR compliance with Florida Statute 119.0701 , but not rtmited to, agreement to (a) Keep and maintain ordinarily and necessarily would be required by the order to perfonrr the services; (b) provide the public public records on the same terms and conditions that agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and lransfer, at no cos~ to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. APPENDIX A ~ MIAMI BEACH RFQ 178-2013 Waste Haulers DEPARTMENT OF PROCUREMENT MANAGEMENT 1 700 Convention Center Drive Miami Beach, Florida 33139 (9 M!AI'i,l BEACH ------------Page19 RfQ 178, Waste Haulers 121 Solicitation No: Solicitation Title: RFQ 178-2013 Waste Haulers Procurement Contact: Tel: I Email: Maria Estevez 305-673-6558 mestevez@miamibeachfl.oov 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 from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and complian ·" .. may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a · · that must be submitted fully completed and executed. 1. information from proposer or other source(s), including but not limited to: any firm or resumes of relevant individuals, client information, financial information, or any information the capacity of the proposer to perform in accordance with contract requirements. <£' tv\!JVv\i BEACH Page 20 RFQ 178, Waste Haulers 122 2. 3. 4. 5. Miami Beach Based (Lo~al) 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 stat that firm is certified as a veteran-owned business or a service-disabled veterap~c .. United States federal government, as required pursuant to ordinance 2011 },f.F 7'!·-l"!tJ:II Financial Capacity. Proposers shall submit a Dun & Bradstreet Duns Nu;.ri~r (D-U-N-S' . City may request one or more D&B reports to assess proposer's financial capacity or may requesfother informa · ,g., audited and other financial statements) after proposal submittal in order to assess flmincial capacity. If firm is not c registered at D&B, contact D & Bat 1-800-234-3867 to register your company. · SUBMITTAL REQUIREMENT: Proposer shall submit Dull & Bradstreet Duns Number (D-U-N-S#): _____________ ...;....;..;...;..__-----'-- Note: The City may require other financial · etc.), as part of the solicitation submittal capacity. . -~·- (e.g., audited fifiaiicialstatements, bonding capacity, credit history, nts or during the evaluation process, as necessary to evaluate financial Litigation History. Proposer shall submit a or regulatory;~tion that has been filed against your firm(s) in the last five years. If an action has theJffigation or regulatory action filed, and identify the court or agency before which the case or file number, and the status or disposition for such rep()rled acUon. lf no litigation .. been filed against your firm(s), provide a statement to that effect lf"No" Utigatipn or regulatory against your firm(s), please provide a statement to that effect Truthful and compfete answers to question may not necessarily disqualify a firm from consideration but wilL be a factor'ireihe selection nrnr:mrtlf:_ Untruthful, misleading or false answers to this question Shall result in the dfsqualification Of the firm for thiS nrniiAM';c" SUBMI!J.AL REQUIREMENT: Proposershall .... . . of litigation or regulatory action filed against proposer, or any proposetlearn member firm, in t!)e past five (5) years~ tfProposer has no litigation history or regulatory action in the past 5 . years:~submit a stafelll~m accorcli~9ly;'. 6. References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work similar in ~ize and nature as the work referenced in solicitation. . . ... : ,:; SUBMn'TAL REQUIREM~NT: Propos~r shall submit a minimum of three (3) references, including the following informatio,ll: 1) Firm Name, 2} Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. (e .v\IAtv\1 BEACH Page 21 RFQ 178, Waste Haulers 123 ---------------------------------------· ---- 7. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-terfor7ance 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 Rr:oposals, in the event of such non- 9. compliance. :: SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (iri~ilding your sub-consultants) with a controlling financial interest as defined in ITN. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the cam · directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the Beach. Code of Business Ethics. Pursuant to City Resolution with the City shall adopt a Code of Business Ethics bid/response or within five (5) days upon receipt of with all applicable governmental rules and regulations including, provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics, proposer may submit a statemelltindicating that it will Miami Beach Code of Ethics, available at www.miamibeachO.gov/procurementl. ~.: .. '~ '~,~~ ~-.,_ person or entity that:-''-"L to do business to the Procurem _ Msion with its require the Proposer, to ccmply of interest, lobbying and ethics Ethics. In lieu of submitting Code of in the ordinance, the City of 10. Living Wage. Pursuant to Section 2-408 of the Miami Beach·:c;i~:cocte, as may be amended from time to time, proposers shall be required to pay all employees who provide services·pursuar\t to this Agreement, the hourly living wage rates listed below: ~ · • Commen~IQ g.~ year 2012·13 (October 1, 2012), the hourly living rate will be $11.28/hr with he ''!" enefits, andlfZ.'921hr without benefits. The living wage .-:~d health ca(e~benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Conf'· Pri~~~!M.~)( for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's 8 0t:'a6Qit~a · · Not~i\hstanding the preceding, no annual index shall exceed three percem ~~%);Jh~ City may reso'll'ltio , ·~fO' index the living wage rate in any particular year, if it determines it woulo n8fbe fiscally sound to -ent same (in a articular year). \ ~·' Proposers' failure to comply with th1 ..... --· JtShall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deeri(, proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provid~d in the Cj~§ Living Wage Ordinance, as amended. Further information on the Living Wage requirem~nt is available at ~.miamibeachfl.gov/procurementl. , r ;,: ·::~~~;,, ~rn SUBMITTA~REQUIREMEN;r: 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 M!AN\1 BEACH Page 22 RFQ 178, Waste Haulers 124 ---------------- A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? c=J YES c:=J NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners• or to domestic partners of employees? c:=J YES 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 use or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestj(t i ~uch as medical insurance. BENEFIT Health Sick Leave Firm Provides for Employees with S ouses Firm Provides for Employees wit Domestic Part c*~~rr Famil Medical Leave Bereavement Leave ; :::·::t:·::t!~ii~·... . :' If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, insurance providers in your area willing to offer domestic partner coverage)yciu may be eligible for Re on able Measures compliance. To comply on this basis, you must agree to pay a cash egiJivalent and submit a completed Reasonable Measures Application (attached) with all cessary documentation. YQPl ~easonable Measures Application will be reviewed for consideration by the City Man his designee. ApprovaOs not guaranteed and the City Manager's decision is final. Further informati ' the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. ,. ·· 12. Public Entity Crimes. Section 287. 133(2)(a), Flo Sta enacted or as amended from time to time, states that a person or affiliate who has been place ;(m the.' nv1c e st following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide ~ goods or services to a public entity; may not submit a bid, proposal, or reply on.~·~ntract with a publiy,entity for the construction or repair of a public building or public work; may not submitbids, propos]~ or replies on leas§s of real property to a public entity; may not be awarded or perform work as a contractor, supplier; subcontractor, or dQn~ultant under a contract with any public entity; and may not transact business with any public en~ij in excess of the thre~d amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months folloWing the· date of bein~p:!§ped on the convicted vendor list. "'"~"""'r\~"·ENT: No additional submittal is required. By virtue of executing this affidavit document, proposer of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor After issuance of solicitation, the City may release one or more addendum to the al information to proposers or alter solicitation requirements. The City will strive to received solicitation through the City's a-procurement system, PublicPurchase.com. responsible for assuring they have received any and all addendum issued pursuant to VV>rn"'nr of Addendum section certifies that the Proposer has received all addendum released solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal G tv~IAJ'/\i BEACH Page 23 RFQ 178, Waste Haulers 125 -------------- 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 ~ay wit~draw the solicit~ti?n .either ~efore or after rec~iving pr~p~sal~"'m~y accept o: reject p~opos~ls, and may accept proposals wh1ch dev1ate from the sohc1tat1on, as 1t deems appropnate and tn ti~::~.Ml;iJL~Ierest In 1ts sole d1scretton, the City may determine the qualifications and acceptability of any party or parties subro!!liHg Prdposals in response to this solicitation. cf."~t~l:::;, Following submission of a Bid or Proposal, the applicant agrees to deliver such furthe '''tail·;;;(·::, lion and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, wt ., _ limitatio · applican~s affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discrelioQ . . ,.. . ~ The information contained herein is provided solely for the convenience of prospective Proposers. I · J,":~m~, responsibility of the recipient to assure itself that information contained herein is accurate and eomplete. The City does not provid~·: ·· assurances as to the accuracy of any information in this solicitation. ·· · Any reliance on these contents, or on any permitted communications wittiQity officials, shan be at the recipient's O\'fl'l' risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses, Ttl~ 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 -any Proposal conforming to these requirements will. be selected for consideration, negotiation, or approval. • ..••.• The City shall have no obligation or liability with , the selection and the-award process, or whether any award will be made. Any recipient of this solicitation acklnov.rled•qes all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and 1'""1"''m'"''···<>nr1 ,.., .. ,~.~,'~--"'"·",._: terms hereof. Any Proposals submitted to the City pursuant to this RFQ are submitted at the sole risk submitting such Proposal. This RFQ is made subject to only, and does not constitute The City and all Pro1noSf:!r'S'~ applicable definitive the definitive agreements any reason, or for no:reason, without· The City is gover~e~~ '·~} hle r~n\IPmlm~:>n disclosure as required by such law; All '"'"""' .. """ perm ·· ·· ·· y Florida Statutes, until tht? date and without notice. Information is for guidance 't'lC>PO!ial {or Proposals), as same may be modified, and the ~"'u"'u by the parties, and then only pursuant to the terms of r~><>ronn<>~>:m this solicitation may be accepted or rejected by the City for nshine Law, and all Proposals and supporting documents shall be subject to submitted in sealed bid form and shall remain confidential to the extent for opening the responses. At that time, all documents received by the Citysh -._ come public records. ~=----- Proposers are expected to make all~~~~sures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees Ylat the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement inforrnatio_ri_:cimtained in the Proposal, and authorizes the release to the City of any and all information sought in such inquirY ot it)_vf'!stigatioiL Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its]S,nowledge, information, and belief. Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFQ and any disputes arising from the RFQ shall be governed by and construed in accordance with the laws of the State of Florida. Page 24 RFQ 178, Waste Haulers 126 PROPOSER CERTtFICATION 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 JTN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the ITN, and any released Addenda and understand that the following are requirements of this SOLICITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: 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 MIAN\1 BEACH Page25 RFQ 178, Waste Haulers 127 THIS PAGE INTENTIONALLY LEFT BLANK 128 COMMISSION ITEM SUMMARY Condensed Title· Request For Approval To Purchase One (1) 2013 International Durastar Truck With A TCM425 HD Industries Pot Hole Patcher, In The Amount Of $ 148,870.00, And One (1) 2013 International 7400 Sixteen (16) Cubic Yard Dump Truck, In The Amount Of $115,183.00, From Rechtien International Trucks; And One (1) 2013 John Deere 544K Wheel Loader, In The Amount Of$ 132,504.00, From Nortrax Inc., Pursuant To Florida Sheriffs Association Contract No. 12-1 0-0905; And One (1) Tennant ATLV 4300 Sweeper, In The Amount Of $35,013.99, From Tennant Sates And Service Company, Pursuant To Florida State Contract No. 365-001-11-1. Key Intended Outcome Supported: Maintain City's infrastructure; Increase satisfaction with family recreational activities; Ensure well- maintained facilities; and Increase community satisfaction with City government. Supporting Data (Surveys, Environmental Scan, etc.): The three (3) vehicles being replaced have exceeded their life expectancy and currently average 5.6 years, or 94% beyond their originally projected replacement date, with maintenance, repair, and accident expenses to date, as a percent of vehicle and equipment original acquisition cost, averaging 67%. Item Summary/Recommendation: The Fleet Management Division provides vehicles and equipment for all City of Miami Beach departments and divisions. Vehicle replacement considerations are based on a combination of factors that include age, condition, maintenance/repair/collision expenses, and operating environment. 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 various statewide agencies, for use by public safety agencies and political subdivisions in the State. Once vehicles reach planned replacement, they are physically inspected. All information related to the vehicle is reviewed i.e. age, mileage/hours, maintenance cost, depreciation value, residual value, accident record and overall condition are taken into consideration to determine whether the vehicle should be replaced or can safely remain in the fleet for an additional time period and still be cost effective to maintain. Fleet Management has detailed maintenance and fuel records on each vehicle/equipment during its life cycle. The Fleet Management Division recommends the purchase of one (1) 2013 International Durastar truck with a TCM425 HD Industries pot hole patcher, in the amount of $148,870.00, and one (1) 2013 International 7400 sixteen (16) cubic yard dump truck, in the amount of $115,183.00, from Rechtien International Trucks; and one (1) 2013 John Deere 544K wheel loader, in the amount of$ 132,504.00, from Nortrax Inc., pursuant to Florida Sheriffs Association Contract No. 12-10-0905. We also recommend the purchase of one (1) Tennant ATLV 4300 sweeper, in the amount of $35,013.99, from Tennant Sales and Service Company, pursuant to Florida State Contract No. 365-001-11-1. THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND THE CITY COMMISSION APPROVE THE PURCHASE OF VEHICLES LISTED HEREIN THROUGH THE REFERENCED FSA AND STATE CONTRACTS. Fmanctal Information· Source of Amount Account Funds: ...-<1 1 $148,870.00 Fleet Management FY 2011/12 Vehicle/Equipment Replacement-510-1780-000673 ~)(~ 2 $247,687.00 Fleet Management FY 2012/13 Vehicle/Equipment Replacement -51 0-6173-000673 '---"""'" /\'<~ 3 $35,013.99 Pay As You Go Capital -Flamingo Park Madvac System - ~02-6164-00067 4 OBPI Total $431,570.99 City Clerk's Office Legislative Tracking: JCC Public Works, Ext. 3601 Sign-Offs: \ Depar1aJ..ent Director .r1A._ssistant City Manager I I C~y Manager ETc-_;/.;!:( ~ M{\-J T:\AGENDA\2013\0ctober 16\Fieet • FSA & State Pu!Qel"...,t013·10·16 SUMM.docx - MIAMI BEACH 129 I JLM rvr ~ 'J AGENDA ITEM _C_,_E. __ DATE /o~tb-t3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vvww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and DATE: October 16, 2013 SUBJECT: REQUEST FOR APPROVAL T PURCHASE ONE (1) 2013 INTERNATIONAL DURASTAR TRUCK WITH A TCM425 HD INDUSTRIES POT HOLE PATCHER, IN THE AMOUNT OF $ 148,870.00, AND ONE (1) 2013 INTERNATIONAL 7400 SIXTEEN (16) CUBIC YARD DUMP TRUCK, IN THE AMOUNT OF $115,183.00, FROM RECHTIEN INTERNATIONAL TRUCKS; AND ONE (1) 2013 JOHN DEERE 544K WHEEL LOADER, IN THE AMOUNT OF $ 132,504.00, FROM NORTRAX INC., PURSUANT TO FLORIDA SHERIFFS ASSOCIATION CONTRACT NO. 12~10-0905; AND ONE (1) TENNANT ATLV 4300 SWEEPER, IN THE AMOUNT OF $35,013.99, FROM TENNANT SALES AND SERVICE COMPANY, PURSUANT TO FLORIDA STATE CONTRACT NO. 365-001-11-1. ADMINISTRATION RECOMMENDATION Approve purchases utilizing competitively procured Florida Sheriffs Association (FSA} and State of Florida contracts to purchase vehicles and equipment. FUNDING Funding for vehicles and equipment, previously approved by the budget process, through FY 2012/2013. • Account No. 510-1780-000673: • Account No. 510-6173-000673: • Account No. 302-6164-000674: BACKGROUND AND ANALYSIS $148,870.00 $247,687.00 $35,013.99 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 Corpmission 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, 130 Commission Memorandum-Oct. 16, 2013 FSA & State Contract Vehicle & Equipment Purchases Page2 of2 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 various statewide agencies, for use by public safety agencies and political subdivisions in the State. Both the State and the FSA have staff dedicated to the complex tasks of developing specifications, aggregating volume from agencies across the state, competitively soliciting awards and managing contracts used by most public agencies in the State for the purchase of vehicles. Unlike the State and the FSA, the City does not have the internal expertise, staffing resources or buying power of these agencies. Nonetheless, through the use of these contracts, the City benefits from the expertise and staff resources of the State and the FSA and the leveraged buying power of public agencies in the State, resulting in cost-effective vehicle purchases. Once vehicles reach planned replacement, they are physically inspected. All vehicle information (age, mileage/hours, maintenance cost, depreciation value, residual value, accident record and overall condition) is reviewed and taken into consideration to determine whether the vehicle should be replaced or can safely remain in the fleet for an additional time period and still be cost effective to maintain. Fleet Management has detailed maintenance and fuel records on each vehicle/equipment during its life cycle. One (1) 2013 International Dura star truck with a TCM425 HD Industries pot hole patcher, in the amount of $148,870.00, and one (1) 2013 International 7400 sixteen (16) cubic yard dump truck, in the amount of $115,183.00, from Rechtien International Trucks; and one (1) 2013 John Deere 544K wheel loader, in the amount of$ 132,504.00, from Nortrax Inc., will be purchased pursuant to Florida Sheriffs Association Contract No. 12-10-0905. One (1) Tennant ATLV 4300 sweeper, in the amount of $35,013.99, from Tennant Sales and Service Company, is an addition and will be purchased pursuant to Florida State Contract No. 365- 001-11-1. The vehicles being replaced, shown in the table below, have exceeded the established criteria for replacement. Life-To-Date Projected Maintenance, Acquired Veh# Dept Year Repairs & Date Replacement Condition Accidents Date 4535 0840 2002 $91,515 1/10/2002 1/10/2008 Poor 4529 0840 2002 $42,372 10/9/2001 10/9/2007 Poor 0548 0940 2001 $45,557 8/17/2001 8117/2007 Auctioned 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 approve the purchase of one (1) 2013 International Durastar truck with a TCM425 HD Industries pot hole patcher, in the amount of $148,870.00, and one (1) 2013 International 7400 sixteen (16) cubic yard dump truck, in the amount of $115,183.00, from Rechtien International Trucks; and one (1) 2013 John Deere 544K wheel loader, in the amount of$ 132,504.00, from Nortrax Inc., pursuant to Florida Sheriffs Association Contract No. 12-1 0-0905; and one (1) Tennant ATLV 4300 sweeper, in the amount of $35,013.99, from Tennant Sales and Service Company, pursuant to Florida State Contract No. 365-001-11-1. JLM/~D/JC T:\AGENDA\2013\0ctober 16\Fieet-FSA & State Purchases· 2013-10-16 MEMO docx We me co•nmitted to providing excellent public service and sale.y Ia all who live, work. and play 1n our vibrant, troprcal, lmtoric cornrnumy. 131 THIS PAGE INTENTIONALLY LEFT BLANK 132 -COMMISSION ITEM SUMMARY Key Intended Outcome Supported: Increase satisfaction with recreational programs. Supporting Data~Surveys, Environmental Scan, etc.) Item Summa /Recommendation: Ten (10) Hydrogrid courts and two {2) hard surface tennis courts are located at the North Shor€ Tennis Center. These courts need to be r-esurfac€d and scarified as part of their required periodic upgrades and maintenance. The purpose of Invitation to Bid (ITB) 404-2013LR was to establish a contract -by means of competitive sealed bids to a qualified provider for the resurfacing and scarifying of the tennis courts at North Shore Tennis Center. These services required per the contract will include the following: removal of old lines and nails, and installation of new herringbone line tape; patch low areas at baseline; laser grade courts; apply proper court surfac-e material; and replace all net posts and nets. ITB PROCESS Invitation to Bid (ITB) 404-2013LR was issued on August 22, 2013, with an opening date of September 19, 2013. A site visit was scheduled for August 29, 2013. The Public Group issued bid notices and fourteen ( 14) bidders accessed the advertised solicitation which resulted in the receipt of the following two (2) bids: • Fast-Dry Courts, Inc. $43,970.00 • Welch Tennis Courts, Inc. $51,660.00 Neither vendor is eligible for veteran or local preferences. Fast-Dry Courts, Inc. is the lowest responsive and responsible bidder in accordance with the requirements of the ITB. RECOMMENDATION The Administration r.ecommends the award of the contract to Fast-Dry Courts Inc., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB} 404-2013, for the resurfacing and scari in of the tennis courts at North Shore Tennis Center. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 $33,000 ~ 2 $10,970 3 OBPI Total $43,970 Financial Impact Summary: City .Clerk's OffiCe legislative Tracking: MIAMI BEACH 383-6114-000676 011-0950-000343 133 Account AGENDA ITEM DATE ----------------- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, florida 33139, www.miomibeochR.gov TO: Mayor Matti Herr:era Bower and Me fROM: Jimmy L. Morales, City Manager DAT.f: October 16, 2013 SUBJECT: REQUEST "FOR APPROVAL TO AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 404-2013LR, FOR THE RESURFA-CING AND SCARrFYING TENNIS COURTS AT NORTH SHORE TENNIS CENTER. ADMINISTRATION RECOMMENDATION Approve the awar-d of contract. KEY INT-ENDED OUTCOME SUPPORTED Incr-ease satisfaction with recreational programs. FUNDING Account-Code No.-383-6114-000676$33,000 Account Code No. -D11-0950-000343 $10,970 BACKGROUND Ten (10) Hydrogrid courts and two {2) hard surface tennis courts are located at the North Shore Tennis Center. ,.hese courts need to be resurfaced and scarified as part of their required periodic upgrades and maintenance. The purpose of Invitation to Bid (ITB) 404--2013LR was to establish a contract by means of competitive sealed bids to a qualified provider for the resurfacing and scarifying of the tennis courts at North Shore Tennis Center. These services required per the contract will include the following: removal of old lines and nails, and installation of new herringbone line tape; patch low areas at baseline; laser grade courts; apply proper court surface material; and replace all net posts and nets. ITB PROCESS Invitation to Bid (ITB} 404-2013LR was issued on August 22, 2{)13, with an opening date of September 19, 2013. A site visit was scheduled for August 29, 2013. The Public Group issued bid notices and fourteen (14) bidders accessed the advertised solicitation which resulted in the r&eipt of the following two (2) bids: • Fast-Dry Courts, Inc. $43,970.00 • Welch Tennis Courts, Inc. $51,660.00 Neither vendor is eligible for veteran or local preferences. Fast-Dry Courts, Inc. is the lowest responsive and responsibie bidder in accordance with the requirements of the ITB. 134 Commission Memorandum -ITB 404-2013-Resurfacing and Scarifying Tennis Courts at North Shore Tennis Center October 1'6, 2013 Page 2 Fast-Dry Courts, Inc. has been in business for 26 years. The following is a brief summary of the experience of the company: • City of Miramar lake Shore Park -rebuild and laser grade six (6) har-tru courts. • City of Ft. Lauder-dale Jimmy Evert Tennis Center -resurface eighteen (18) har-tru courts consisting of .cleaning surface, removal of old lines and nails, apply new -court material, and installation of new tapes and nails. • Boca West Counky Club -laser-1aper resurface thirty-three {33) courts and applying six (u) tons of court material per court. CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exer-cised his due diligence and considered the specifics of this ITB pr-ocess. As a r-esult, the City Manager recommends to the Mayor and City Commission awar-d the contract to Fast-Dry Courts Inc., the lowest responsive and responsible bidder. CONCLUSION The Administration recommends the award of the contract to Fast-Dry Courts Inc., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 404-2013, for the resurfacing and scarifying of the tennis courts at North Shore Tennis Center. JLM/MT/K~/AD T:\AGENDA\2013\0ctober 16\Procurement\ITB 404-2013LR -Resurfacing and Scarifying Tennis Courts at North Shore Tennis Center -MEMO.docx 135 THIS PAGE INTENTIONALLY LEFT BLANK 136 COMMISSION ITEM SUMMARY Condensed Title: ensers. Key Intended Outcome Supported: Improve Cleanliness Of Miami Beach's Rights Of Way Especially In Business Areas Supporting Data (Surveys, Environmental Scan, etc.) Item Summa /Recommendation: Dog bag dispensers with biodegradable litterbags are located at various parks and locations citywide. The purpose of Invitation to Bid (ITB) 405-2013LR was to establish a contract by means of competitive sealed bids to a qualified provider to provide dog bag dispensers and biodegradable litterbags, on an as needed basis. ITS PROCESS Invitation to Bid (ITB) 405-2013LR was issued on August 22, 2013, with an opening date of September 24, 2013. The Public Group issued bid notices and eight (8) bidders accessed the advertised solicitation which resulted in the receipt of bids from the following firms: • ZW USA Inc., d/b/a Zero Waste USA • Furniture Leisure, Inc. The ITB required fixed pricing on dispensers {Item 1) and litterbags (Item 2). As indicated below, Zero Waste USA submitted the lowest price for both items 1 and 2. However, the dispenser {Item 1) submitted by Zero Waste USA did not comply with bid specifications as the bidder proposed a steel post for the dispenser where the specifications required a composite post. In the local environment, the steel posts will rust and deteriorate; thus, the requirement for the composite post which does not rust. Neither vendor is eligible for veteran or local preferences. The bid allowed an award to be considered by item or by group. According to the prices received and compliance with specifications, Furniture Leisure is the lowest responsive bidder for Item 1 (dispensers); Zero Waste is the lowest responsive bidder for Item 2 (litter bags); and, Furniture Leisure is the second lowest responsive bidder for Item 2 (litterbags). RECOMMENDATION The Administration recommends awar<l of the contract to: Furniture Leisur~ as the lowest responsive bidder for Item 1 (dispensers); Zero Waste USA as the lowest responsive bidder for Item 2 (litter bags); and, Furniture Leisure as the second a lowest res onsive bidder for Item 2 litterba s . Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 $40,000 ~ ~ 2 $ 3,750 3 $ 3,750 (4LJ 4 $ 3,750 -5 $ 3,750 OBPI Total $55,000 Financial Impact Summary: City Clerk's Office Legislative Tracking: MIAMI BEACH 011-0940-000343 435-0430-000343 435-9962-000343 435-9968-000343 435-9969-000343 137 Account Manager AGENDA ITEM ---'C=-~--:-G-__ DATE JO-/b-13 & MIAMI BEACH City of Miami Beach, 1700 Conv~ntion Center Drive, Miomi Beach, Florido 33139, www.miomibeochA.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2{)13 SUBJECT: REQUEST FOR APPROVAL T AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 405-2 13LR, FOR THE PURCHASE OF DOGIPOT JUNIOR BAG DISPENSERS AND BIODEGRADABLE DOGIPOT LITTER PICKUP BAGS. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Improve cleanliness of Miami Beach rights of way especially in business areas. FUNDING Account Code: 011-0940-000343-$40,000-Parks/Greenspace Account Codes: Public Works/Sanitation 435-0430-000343 -$3,750 435-9962-000343 -$3,750 435-9968-000343 -$3,750 435-9969-000343 -$3,750 BACKGROUND Dog bag dispensers with biodegradable litterbags are located at various parks and locations citywide. The purpose of Invitation to Bid (ITB) 405-2013LR was to establish a contract by means of competitive sealed bids to a qualified provider to provide dog bag dispensers and biodegradable litterbags, on an as needed basis. ITB PROCESS Invitation to Bid (ITB} 405-2013LR was issued on August 22, 2013, with an opening date of September 24, 2013. The Public Group issued bid notices and eight (8} bidders accessed the advertised solicitation which resulted in the receipt of bids from the following firms: • ZW USA Inc., d/b/a Zero Waste USA • Furniture Leisure, Inc. 138 Commission Memorandum -ITB 405-2013 Dogipot Junior Bag Dispensers and Biodegradable Dogipot Utter Pickup Bags October 16, 2013 Page2 The ITB required fixed pricing on dispensers (Item 1) and litterbags (Item 2). As indicated below, Zero Waste USA submitted the lowest price for both items 1 and 2. However, the dispenser (Item 1) submitted by Zero Waste USA did not comply with bid specifications as the bidder proposed a steel post for the dispenser wher-e the specifications required a composite post. In the local environment, the steel posts will rust and deteriorate; thus, the requirement for the composite post which does not rust Zero Waste USA Unit Item Description QTY UOM Price 1 DogiPot® Junior Bag Dispenser- "or approved equal". 40 Each $69.80 OXO-Biodegradable DogiPot® Litter 2 Pick Up Bags Item #1402-"OR APPROVED EQUAL" 230 Case .... $99.00 *Furniture Le1sure, Inc. -the lowest respons1ve, responsible b1dder for Item 1 **Zero Waste USA-the lowest responsive, responsible bidder for Item 2 Total $2,792.00 $22,770.00 *** Furniture Leisure, Inc. -the second lowest responsive. responsible bidder for Item 2 Furniture Leisure Inc. Unit Price Total *$79.95 $3,198.00 ...... $159.95 $36,788.50 Neither vendor is eligible for veteran or local preferences. The bid allowed an award to be considered by item or by group. According to the prices received and compliance with specifications, Furniture Leisure is the lowest responsive bidder for Item 1 (dispensers}; Zero Waste USA is the lowest responsive bidder for Item 2 (litter bags); and, Furniture Leisure is the second lowest responsive bidder for Item 2 (litterbags). CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and considered the specifics of this ITB process. As a result, the City Manager recommends to the Mayor and City Commission award the contract to: Furniture Leisure as the lowest responsive bidder for Item 1 (dispensers); Zero Waste USA as the lowest responsive bidder for Item 2 (litter bags}; and, Furniture Leisure as the secondary lowest responsive bidder for Item 2 (litterbags). Secondary bidder will be utilized in the event that the lowest bidder cannot comply with contract requirements. CONCLUSION The Administration recommends award of the contract to: Furniture Leisure as the lowest responsive bidder for Item 1 (dispensers); Zero Waste USA as the lowest responsive bidder for Item 2 (litter bags); and, Furniture Leisure as the secondary lowest responsive bidder for Item 2 (litterbags~ JLM/MT/1(~/AD T:\AGENDA\2013\0ctober 16\Procurement\ITB 405-2013LR -Dogipot Junior Bag Dispensers and Biodegradable Dogipot litter Pickup Bags-MEMO.docx 139 THIS PAGE INTENTIONALLY LEFT BLANK 140 C2 • Competitive Bid Reports C2H Request For Approval To Award A Contract, Pursuant To Invitation To Bid (ITB) No. 269-2013ME, For Citywide Janitorial Services. (Public Works/Procurement) (Memorandum to be Submitted in Supplemental) 141 Agenda Item C ;t H Date /V-( '-~t3 THIS PAGE INTENTIONALLY LEFT BLANK 142 --· ···------------------ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM FROM: Mayor Matti Herrera Bower and Meters of tht:mmission J1mmy L. Morales, C1ty Manager h-1 \ II , October 16, 2013 1~ TO: DATE: SUBJECT: REFERRAL TO THE LAND USE ANb DEVELOPMENT COMMITTEE-A DISCUSSION REGARDING DECKS, DOCKS & SEAWALL OVER CITY LAND AND THE NEED TO ISSUE A REVOCABLE PERMIT ADMINISTRATION RECOMMENDATION The Administration recommends referring the item to the Land Use and Development Committee. BACKGROUND The City Attorney's Office has informed Public Works Engineering that decks, docks and seawall construction over City own property will require a Revocable Permit, as defined by Code ARTICLE Ill USE OF PUBLIC PROPERTY, DIVISION 2 REVOCABLE PERMIT: Sec. 82-91. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Property, city property means any land, water or air rights owned or maintained by the city. Revocable permit means permission granted in writing for any use of real property owned or maintained by the city or in which the city holds an interest, by a person or entity, establishing conditions for such use, providing for revocation by the city and establishing requirements for return of the property upon termination/revocation. A revocable permit requires that an application and all pertinent documentation be submitted to the Public Works' Right-of-Way Manager for processing. Once the application process is complete, the request is presented to the City Commission: Setting a public hearing on First Reading, then approval on Second Reading, Public Hearing. In all, the process may take up-to four months to complete. 144 Agenda Item C C/8 Date /o-lk-(3 Commission Memo-LUDC Referral-A discussion regarding decks, docs & sea waif over City land and the need to issue a revocable permit. October 16, 2013 Page 2 of 2 The City Attorney's office has suggested that this item be brought up to the City Commission to consider revising the definition of a revocable permit and the exclusion of docks, decks and seawalls over City-owned waters (submerged lands). Whenever an existing seawall requires repairs or replacement, the standard procedure is to install a new 18" seawall in front of it, and the space in between them filled with dirt and compacted. In addition, a concrete cap is framed and poured over the new seawall. The newly combined 18" seawall becomes a City Submerged land, and as such would require a revocable permit. If a deck or dock is built over the City submerged lands, either on pilings or cantilevered, it would also require a revocable permit. A solution therefore is needed to allow the homeowner or business developer to obtain a dock, deck or seawall permit in a shorter period of time, as the permitting of these structures had not followed the revocable permit procedure in the past. ACTION The Public Works Engineering Division requests that the Land Use Committee review the issue and provide a recommendation that may be presented to the Commission for action. 1) Consider the following, revise the definition of the revocable permit not to include docks, decks or seawalls over City submerged lands 2) For seawall expansion past the property line and onto City submerged lands, the applicant will have to pay for additional square footage acquired, based on a value set by the Commission every five years, and based on the market value of waterfront land. For docks and decks over City Submerged lands direct the PW ROW to establish a permit similar for bus benches in City ROW. CONCLUSION The Administration recommends referring the item to the Land Use and Development Committee for direction and further discussion. ~l{&mcs T\AGENDA\2013\0clober 16\LUDC Referral_ Discussion regarding decks, docs & seawall over City land and need to issue a revocable perrnit.doc 145 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 ers oft~mission DATE: October 16, 2013 SUBJECT: REFERRAL TO THE PLANNING B PROPOSED AMENDMENT TO T LAND DEVELOPMENT REGULATIONS AND COMPREHENSIVE PLAN TO ACCOMMODATE THE REDEVELOPMENT OF THE TALMUDIC UNIVERSITY PROPERTY LOCATED AT 4000 ALTON ROAD ADMINISTRATION RECOMMENDATION Refer an Ordinance Amendment to the Planning Board for consideration and recommendation. BACKGROUND/ANALYSIS On April 17, 2013, at the request of Commissioner Libbin, the City Commission referred a discussion item to the Land Use and Development Committee, regarding the redevelopment of the Talmudic University property located at 4000 Alton Road. The Talmudic College at 4000 Alton Road is seeking to expand its current facilities, including the construction of new residential buildings, as well as the use of adjacent, surplus FOOT parcels for additional development The subject property is currently zoned RM-2, Multi-Family Medium Intensity. The existing school and associated residential are allowable uses within the RM-2 district both as of right, and through the Conditional Use process. Pursuant to Section 142-217 of the City Code, the maximum height limit for the property at 4000 Alton Road is 6 stories I 60 feet. In order to accommodate a proposed expansion of the master plan for the University, the owners of the property are proposing the following: 1. A code amendment that would increase the maximum allowable height on the site from the current 6 stories I 60 feet to 8 stories I 80 feet. 2. A re-zoning of the adjacent surplus FDOT parcels from the current 'GU' to 'RM-2'. 3. A Comprehensive Plan Amendment to change the Future Land Use Designation for the adjacent surplus FOOT parcels from the current 'ROS' to 'RM-2'. The expansion plan proposed by the Talmudic College appears to be consistent with all applicable regulations and requirements of the City Code and the Comprehensive Plan. Additionally, the proposed location of the new structures on the site would comply with the contemplated changes to the development regulations, currently pending before the Planning Board and endorsed by the Land Use Committee, which would create a significant buffer between the existing single family zone across Alton Road, to the immediate east of the subject property. 146 Agenda Item C VB Date (()'/{rt3 Commission Memorandum Refeffal to Planning Board-Expansion of Talmudic University October 16, 2013 Page 2 of 2 Planning staff has met with the representatives of the University on a number of occasions and believe that the scale and form of the proposed expanded master plan is evolving in an appropriate direction. It should also be noted that any expansion of the master plan at the subject site, regardless of whether the amendments to the Code proposed herein move forward, would still require separate approvals from the Planning Board and the Design Review Board, as part of the development review process. On September 23, 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 Am~nd ent to the Planning Board for consideration and recommendation. (\...._ JL /RGL!TRM T:\AGENDA\2013\0ctober 16\Referral to Planning Board -Talmudic University Expansion.docx 147 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me bers of the p:: FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: REFERRAL TO THE NEIGHBOR OOD/COMMUNITY AFFAIRS COMMITTEE - DISCUSSION REGARDING THE ODIFICATION OF SOUTH BEACH LOCAL CIRCULATOR SERVICE TO BELLE ISLE AND IMPROVEMENT OF ON-TIME PERFORMANCE ON THE BI-DIRECTIONAL ROUTE BACKGROUND Since 2005, pursuant to an lnterlocal Agreement between Miami-Dade County and the City of Miami Beach, Miami-Dade Transit (MDT) has operated Route 123, commonly referred to as the South Beach Local (SBL), a bi-directional circulator service in South Beach. Pursuant to City Commission Resolution No. 2010-27345, the South Beach Local route was extended to also serve Collins Park and Belle Isle. The Belle Isle bus stop is located in the vicinity of the Standard Hotel and Spa on the north side of Island Avenue North. As a result of several recent complaints from users of the South Beach Local service regarding extended headways and poor on-time performance, the issue was discussed at a recent meeting of the City's Transportation and Parking Committee (TPC). At the meeting, residents stated that the Belle Isle stop is highly underused. Frequent service to Belle Isle creating the need for the South Beach Local to travel out of its bi-directional loop may be adversely impacting the schedule and headways on the core route. At the meeting, the TPC requested that City staff investigate these concerns and work with MDT to develop a service plan that would more efficiently and effectively meet the needs of the Belle Isle community and improve overall service performance and ridership on the South Beach Local. ANALYSIS City staff is working with MDT staff to investigate the complaints with the South Beach Local service and possible factors contributing to the deficiency in the level of transit service, in particular, frequent service to Belle Isle. The City and MDT are jointly developing a modified service plan that would more effectively meet the needs of the Belle Isle community and improve the on-time performance of the South Beach Local. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the matter to the Neighborhood/Community Affairs Committee for discussion and input. t&ETC/J~ T:'AGENDA\2013\0ctober 16\Referral-Modification of South Beach Local service to Belle Isle MEMO.docx 148 Agenda Item Cl.fc Date /0·/b-13 THIS PAGE INTENTIONALLY LEFT BLANK 149 m MIAMI BEACH '"'=""' OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Jimmy Morales 1 City Manager Jerry Libbin, Commissioner t,lfl( October 7, 2013 7'-/ Referral to the Land Use Committee MEMORANDUM Please place on the October 16th Commission Meeting consent agenda/ a referral to the Land Use Committee. Please see attached request for the referral regarding short term rentals in the Collins Park Neighborhood. Please contact my office at ext. 7106 if you have any questions. JL/er We are commiffed lo providing excellvnl public ~ervtclt and sorely' to all wl1o live. work, and ploy in out vibronl. l1opica/, hi~loric community. Agenda Item C. 'I D 150 Date I0-16-f ~ From: Olris Rollins [mailto:chris.rollins@southbeachgroup.com] Sent: Wednesday, October 02, 2013 5:00 PM To: Jerry Libbin Subject: Proposed ordinance for referral to Land Use Jerry, Great speaking to you and taking my call. I am reaching out to you to request your help. We are moving forward with our goal to allow short term rentals in the Collins Park neighborhood. We have the unanimous support of the neighborhood association and are ready to start the process with the City. We have drafted the amendment with our proposed addition, in my attachment for your review. Thank you for agreeing to support this item and add it to the October Commission agenda for referral to Land Use. Please call me if you have any questions, I can be reached at 305-772-4672. Thank you, Chris Roll ins Vice President chris.rollins@southbeachgroup.com South Beach rt~;roup Hotels 855 Collins .Ave ~ Miami Bea\Cih P: 3(D5··531-5831 • F: 305M5JS.9665 My p1.-1:'i!::s: r.1~1 ~~~Jitatur~ ~-(J 1 .:v ·: .··{ ,· '-t WlseStamp 151 DRAfT2 Sec. 142-1111. Short-term rental of apartment units or townhomes. (a) [Limitations.] The rental of apartment or townhome residential properties in districts zoned RM-1, RM-PRD, RM-PRD-2, RPS-1 and RPS-2, CD-1, RO, R0-3 or TH for periods of less than six months and one day, unless expressly provided for in these land development regulations (such as for a portion of the RM-1 district, and for apartment hotels in the RPS-1 and RPS-2 districts) are not a permitted use in such districts unless conducted in accordance with this section. (b) Previously existing short-tenn rentals in specified districts. For a period of six months after the effective date of the ordinance enacting this section Oune 19, 2010), owners of certain properties located in the following districts shall be eligible to apply for approval of a certificate of use permitting short-term rental of apartment and townhome residential units for these properties under the requirements and provisions set forth below. Other neighborhoods may be added to this provision in the future by action of the city commission. Districts: Properties within the RM-1 and TH zoning districts in the Flamingo Park and Espanola Way Historic Districts. Eligibility: Those properties that can demonstrate a current and consistent history of short-term renting, and that such short-term rentals are the primary source of income derived from that unit or building, as defined by the requirements listed below. (1) For apartment buildings of four or more units, or for four or more apartment units in one or more buildings under the same resort tax account. In order to demonstrate current, consistent and predominant short-term renting, the property must comply with all of the following: a. Have been registered with the city for the payment of resort tax and made resort tax payments as of March 10, 2010i and b. Have had City of Miami Beach Resort Tax taxable room revenue equal to at least 50 percent of total room revenue over the last two-year period covered by such paymentsi and c. Have been registered, with the State of Florida as a transient apartment or resort condominium pursuant to Chapter 509, Florida Statutes, as of March 10, 2010. 152 For properties containing more than one apartment buildin& eligibility may apply to an individual building satisfying a. through c. above. (2) For apartment and townhouse buildings of three or less units, or for three or less apartment units in one or more buildings under the same state license: In order to demonstrate current, consistent and predominant short-term renting, the property must: a. Have been registered with the State of Florida as a resort dwelling or resort condominium pursuant to Chapter 509, Florida Statutes, as of March 10, 2010. (c) Time periods to apply for short-term rental approvals. (1) Owners demonsh·ating compliance with subsections (b)(1) or (2) above, shall apply for a certificate of use permitting short-term rental as detailed in subsection 142-1111(fa) within a time period of six months from the effective date of this section aune 19, 2010), or be deemed ineligible to proceed through the process specified herein for legalization of short-term rentals. (2) Within three months of the effective date of the ordinance enacting this section Om:te 19, 2010), eligible owners shall apply to obtain all necessary approvals to comply with the Florida Building Code, Florida Fire Prevention Code and with all other applicable life safety standards. (3) Compliance with the applicable requirements of the Florida Building Code and Florida Fire Prevention Code, shall be demonstrated by October 1, 2011, or rights to engage in short-term rental under this section shall be subject to restrictions and/ or limitations as directed by the building official and/ or fire marshal. This subsection shall not prevent these officials from undertaking enforcement action prior to such date. (4) Applications under this ordinance may be accepted until60 days after adoption of this subsection (adopted on Aprilll, 2012; 60 days expire June 11, 2012), upon determination to the planning director that a government licensing error prevented timely filing of the application. (d) In addition to the foregoing, owners of certain properties, which are located in the Collins Waterfront Architectural District, shall be eligible to apply for approval of a certificate of use permitting short-term rental of apartment and townhome residential units for these properties under the requirements and provisions set forth below: 153 (1) The property must have registered with the State of Florida as a transient or condominium pursuant to Chapter 509, Florida Statutes, as of (2) The property must have registered with the City for the payment of resort tax and made resort tax payments as of (3) For properties containing more than one apartment building, eligibili!;y may apply to an individual building satisfying a. through c. above. (e) Time period to apply for short-term rental approvals for those properties located in the Collins Waterfront Architectural District . (1) Owners demonstrating compliance with subsections (d)(1) and (2) above, shall apply for a certificate of use permitting short-term rental as detailed in subsection 142-1111(£) within a time period of six months from the effective date of this section ( ), or be deemed ineligible to proceed through the process specified herein for legalization of short-term rentals. (2) Within three months of the effective date of the ordinance enacting this section ( ), eligible owners shall apply to obtain all necessary approvals to comply with the Florida Building Code, Florida Fire Prevention Code and with all other applicable life safety standards. (3) Compliance with the applicable requirements of the Florida Building Code and Florida Fire Prevention Code, shall be demonstrated by , or rights to engage in short-term rental under this section shall be subject to restrictions and/ or linUtations as directed by the building official and/ or fire marshal. This subsection shall not prevent these officials from undertaking enforcement action prior to such date. (d!) Regulations. For those properties eligible as per (b) or (d) above, unless otherwise expressly provided for in these land development regulations, short-term rental of apartment and townhome residential units shall be permitted, provided that the following mandatory requirements are followed: · (1) Approvals required: applications. Owners, lessees, or any person with interest in the property seeking to engage in short-term rental, must obtain a certificate of use permitting short-term rental under this section. The application for approval to engage in short-term rentals shall be on a form provided for that purpose, and contain the contact information for the person identified in subsection (3) below, identify the minimum lease term for which short-term rental approval is being requested,. and such other items of required information as the planning director 154 may determine. The application shall be accompanied by the letter or documents described in subsection (9) below, if applicable. The application for a certificate of use permitting short·term rentals shall be accompanied by an application fee of $600.00. (2) Time period. All short-term rentals under this section must be pursuant to a binding written agreement, license or lease. Each such document shall contain, at a minimum: the beginning and ending dates of the lease term; and each lessee's contact information, as applicable. No unit may be rented more frequently than once every seven days. (3) Contact person. All rentals must be supervised by the owner, manager, or a local and licensed real estate broker or agent or other authorized agent licensed by the city, who must be available for contact on a 24-hour basis, seven days a week, and who must live on site or have a principal office or principal residence located within the Flamingo PO:Fk oF Bspanola 1Nay histone foregoing districts. Each agreement, license, or lease, of scanned copy thereof, must be kept available throughout its lease term and for a period of one year thereafter, so that each such document and the information therein, is available to enforcement personnel. The name and phone number of a 24-hour contact shall be permanently posted on the exterior of the premises or structure or other accessible location, in a manner subject to the review and approval of the city manager or designee. (4) Entire unit. Only entire apartment units and townhomes, as defined in section 114-l,lcgally created pursuant to applicable law, may be rented under this section, not individual rooms or separate portions of apartment units or townhomes. (5) Rules and procedures. The city manager or designee may adopt administrative rules and procedures, including, but not limited to, application and permit fees, to assist in the uniform enforcement of this section. (6) Signs. No signs advertising the property for short-term rental are permitted on the exterior of the property or in the abutting right-of-way, or visible from the abutting public right-of-way. (7) Effect of violations on licensure. Approvals shall be issued for a one-year period, but shall not be issued or renewed if violations on three or more separate days at the unit, or at another unit in the building owned by the same owner or managed by the same person or entity, of this section, issued to the short-term rental licensee were adjudicated either by failure to appeal from a notice of violation or 155 a special master's determination of a violation, within the 12 months preceding the date of filing of the application. (8) Resort taxes. Owners are subject to resort taxes for rentals under this section, as required by city law. (9) Association rules. Where a condominium or other property owners association has been created that includes the rental property, a letter from the association dated not more than 60 days before the filing of the application, stating the minimum rental period and the maximum number of rentals per year, as set forth under the association's governing documents, and confirming that short- term rentals as proposed by the owner's application under subsection (1) above are not prohibited by the association's governing documents, shall be submitted to the city as part of the application. If the applicant, after best efforts, is unable to obtain such a letter from the association, he or she may submit the latest version of the association's documents to the city attorney's office for confirmation of the above. (10) Variances. No variances may be granted from the requirements of this section. I (g) Enforcement. (1) Violations of section 142-=11ll(b)-sha1flJe subjed to the following fines. The special master may not waive or reduce fines set by this section. a. If the violation is the first violation: $500.00. b. If the violation is the second violation within the preceding 12 months: $1,500.00. c. If the violation is the third violation within the preceding 12 months: $5,000.00. d. If the violation is the fourth violation within the preceding 12 months: $7,500.00. e. If the violation is the fifth or greater violation within the preceding 12 months: suspension or revocation of the certificate of use allowing short- term rental. Fines for repeat violations by the same offender shall increase regardless of locations. 156 (2) In addition to or in lieu of the foregoing, the city may seek an injunction by a court of competent jurisdiction to enforce compliance with or to prohibit the violation of this section. (3) Any code compliance officer may issue notices for violations of this section, with enforcement of subsection 142-llll(a) and alternative enforcement of subsection 142-1111(b) as provided in chapter 30 of this Code. Violations shall be issued to the owner, manager, real estate broker or agent, or authorized agent, or any other individual or entity that participates in or facilitates the violation of this section. In the event the record owner of the property is not present when the violation occurred or notice of violation issued, a copy of the violation shall be served by certified mail on the owner at its mailing address in the property appraiser 1s records and a courtesy notice to the contact person identified in subsection (d)(3) above. 157 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: October 9, 2013 Re: Referral to the Planning Board Please place on the October 16, 2013 City Commission agenda a referral to the December 2013 Planning Board to amend Section 114-1 of the City Code to amend the definition of floor area to exempt only non-habitable floor area located below grade where the ceiling is also below grade. Should you have any questions, please contact Gabrielle Redfern at extension 6157. Thank you. MHB/ fgr Agenda Item C! 'f E. 158 Date /t;-16-13 THIS PAGE INTENTIONALLY LEFT BLANK 159 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the City Commission Jose Smith, City Attorn~A.Af Jimmy L. Morales, City~ Rafael E. Granado, City Clerk DATE: October 16, 2013 SUBJECT: REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO REVIEW EXISTING POLICY ON PUBLIC TESTIMONY AT PUBLIC MEETINGS Senate Bill No. 50, which passed during the 2013 Legislative Session, and became effective October 1, 2013, requires local governments to provide members of the public with a reasonable opportunity to be heard on matters that come before it. Although Miami Beach provides many opportunities for the public to be heard at public meetings, it is recommended that the Neighborhood/Community Affairs Committee review the City's existing policy on public testimony at public meetings to ensure compliance with SB 50. Attachments: A copy of Senate Bill No. 50. A copy of an article printed in the May/June 2013 Quality Cities Magazine that further explains the requirements of Senate Bill No. 50. T:\AGENDA\2013\0ctober 16\Referral to Neighberhood-City Policies on Public Testimony at Public Meetings.doc 160 Agenda Item C.(/ F Date KJ-/6 ~13- CHAPTER 2013-227 Committee Substitute for Committee Substitute for Senate Bill No. 50 An act relating to public meetings; creating s. 286.0114, F.S.; defining "board or commission"; requiring that a member of the public be given a reasonable opportunity to be heard by a board or commission before it takes official action on a proposition; providing exceptions; establishing requirements for rules or policies adopted by the board or commission; providing that compliance with the requirements of this section is deemed to have occurred under certain circumstances; providing that a circuit court has jurisdiction to issue an injunction under certain circumstances; authorizing a court to assess reasonable attorney fees in actions filed against a board or commission; providing that an action taken by a board or commission which is found in violation of this section is not void; providing that the act fulfills an important state interest; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 286.0114, Florida Statutes, is created to read: 286.0114 Public meetings: reasonable opportunity to be heard; attorney fees.- (1) For purposes of this section. ''board or commission" means a board or commission of any state agency or authority or of any agency or authority of a county, municipal corporation, or political subdivision. (2) Members of the public shall be given a reasonable opportunity to be heard on a proposition before a board or commission. The opportunity to be heard need not occur at the same meeting at which the board or commission takes official action on the proposition if the opportunity occurs at a meeting that is during the decisionmaking process and is within reasonable proximity in time before the meeting at which the board or commission takes the official action. This section does not prohibit a board or commission from maintain- ing orderly conduct or proper decorum in a public meeting. The opportunity to be heard is subiect to rules or policies adopted by the board or commission. as provided in subsection (4). (3) The requirements in subsection (2) do not apply to: (a) An official act that must be taken to deal with an emergency situation affecting the public health, welfare. or safety. if compliance with the requirements would cause an unreasonable delay in the ability of the board or commission to act; 1 CODING: Words striekeR are deletions; words underlined are additions. 161 Ch. 2013-227 LAWS OF FLORIDA Ch. 2013-227 (b) An official act involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations; (c) A meeting that is exempt from s. 286.011; or (d) A meeting during which the board or commission is acting in a quasi- judicial capacity. This paragraph does not affect the right of a person to be heard as otherwise provided by law. (4) Rules or policies of a board or commission which govern the opportunity to be heard are limited to those that: (a) Provide guidelines regarding the amount of time an individual has to address the board or commission; (b) Prescribe procedures for allowing representatives of groups or factions on a proposition to address the board or commission, rather than all members of such groups or factions, at meetings in which a large number of individuals wish to be heard; (c) Prescribe procedures or forms for an individual to use in order to inform the board or commission of a desire to be heard; to indicate his or her support, opposition. or neutrality on a proposition: and to indicate his or her designation of a representative to speak for him or her or his or her group on a proposition if he or she so chooses: or (d) Designate a specified period of time for public comment. (5) If a board or commission adopts rules or policies in compliance with this section and follows such rules or policies when providing an opportunity for members of the public to be heard, the board or commission is deemed to be acting in compliance with this section. (6) A circuit court has jurisdiction to issue an injunction for the purpose of enforcing this section upon the filing of an application for such injunction by a citizen of this state. (7)(a) Whenever an action is filed against a board or commission to enforce this section. the court shall assess reasonable attorney fees against such board or commission if the court determines that the defendant to such action acted in violation of this section. The court may assess reasonable attomey fees against the individual filing such an action if the court finds that the action was filed in bad faith or was frivolous. This paragraph does not apply to a state attorney or his or her duly authorized assistants or an officer charged with enforcing this section. (b) Whenever a board or commission appeals a court order that has found the board or commission to have violated this section, and such order is affirmed, the court shall assess reasonable attorney fees for the appeal against such board or commission. 2 CODING: Words strielreR are deletions; words underlined are additions. 162 Ch. 2013-227 LAWS OF FLORIDA Ch. 2013-227 (8) An action taken by a board or commission which is found to be in violation of this section is not void as a result of that violation. Section 2. The Legislature finds that a proper and legitimate state purpose is served when members of the public have been given a reasonable opportunity to be heard on a proposition before a board or commission of a state agency or authority, or of an agency or authority of a county, municipal corporation. or political subdivision. Therefore, the Legislature determines and declares that this act fulfills an important state interest. Section 3. This act shall take effect October 1, 2013. Approved by the Governor June 28, 2013. Filed in Office Secretary of State June 28, 2013. 3 CODING: Words strieken are deletions; words underlined are additions. 163 Memorandum TO: Key Officials FROM: FLC Board of Directors Local & Regional Leagues Kraig Conn, Legislative Counsel SUBJECT: REMINDER: City Policies on Public Testimony at Public Meetings DATE: September 18, 2013 Prior to October 1, 2013, each city should review existing (or consider adopting) policies on public testimony at public meetings. Policies should be considered for meetings of the elected body, as well as meetings of appointed bodies. This review should be performed to ensure compliance with SB 50 from the 2013 Legislative Session, which becomes effective October 1, 2013. Attached is an article printed in the May/June 2013 Quality Cities magazine that further explains the requirements from SB 50. If you have any questions, please contact me at kconn@flcities.com. 301 South Bronaugh Street • Post Office Box 1757 • Tallahassee, FL 32302-1757 Telephone (850) 222-9684 • Fax (850) 222-3806 • Website:www.flcities.com 164 Bill Codifies Rules on Public Input at Local Government Meetings ... BY KRAIG CONN FLORIDA LEAGUE OF CITIES CS/CS/SB 50 by Sen. Joe Negron, which passed during the 2013 legislative session, requires local governments, including appointed bodies, to provide members of the public with a reasonable opportunity to be heard on matters before the local government. Currently, the Florida Constitution and Florida statutes are silent concerning 32 Florida League of Cities whether the public has a right to be heard at a public meeting. To date, Florida courts have heard two cases directly addressing whether a member of the public has a right to be heard at a meeting when he or she is not a party to the proceedings. Both cases held that while the public has a PHOTO<eiS-TOCKPHOTO.COMNM 165 right to attend a public meeting, there is no requirement that the public be given an opportunity to speak or be heard at a public meeting. Most, if not all, cities likely provide opportunities for the public to be heard at public meetings or on matters coming before the city. If your elected city commission or other appointed ciry boards or commissions do not already have a policy on speaking at public meetings, you should consider adopting one under the general guidelines within the bill. The bill creates Section 286.0114, Florida Statutes, and states that a board or commission must provide members of the public with a reasonable opportunity to be heard on a "proposition" before the board or commission. "Board or commission" is broadly defined to include any agency or authoriry of a county, municipal corporation or political subdivision. The bill does not define "proposition," but it is likely intended to be broadly applied to include all matters coming before the board or commission. While the bill requires that members of the public be given a reasonable opportunity to be heard, the opportunity does not have to occur at the same meeting where the board or commission takes official action on an item, whether by formal vote or other final action. However, the opportunity to be heard must comply with the following provisions: ~ The opportunity must occur at a meeting that is during the "decision making" process; and ~ The opportunity must be within reasonable proximity in time before the meeting at which the board or commission takes the official action. The bill does not specifically state that the opportunity to be heard must occur prior to the official action being taken on an item, but it does imply that this timeframe should apply. The bill states that nothing in the new law prohibits a board or commission from maintaining orderly conduct or proper decorum in a public meeting. It also allows a board or commission to establish rules or policies on providing testimony. However, the rules or policies can only do the following: ~ Provide guidelines regarding the amount of time an individual has to address the board or commission; ~ Prescribe procedures allowing representatives of groups or factions to address the board or commission, rather than all of the members of the groups or factions; ~ Prescribe procedures or forms for an individual to use in order to inform the board or commission of a desire to be heard; to indicate his or her position on a proposition; or to indicate his or her designation of a representative speaker; and • Designate a specified period of time for public comment. The requirement to provide a reasonable opportunity to be heard does not apply under the following circumstances: ~ When an official act must be taken to deal with an emergency situation affecting the public health, welfare or safery, if compliance with the speaking requirements would cause an unreasonable delay in the ability of the board or commission to act; • For an official act involving no more than a ministe- rial act, including, but not limited to, approval of minutes and ceremonial proclamations; • At a meeting during which the board or commission is acting in a quasi-judicial capacity with respect to the rights or interests of a person; and • At a meeting that is exempt from the Sunshine or Open Meetings Law (Section 286.011, Florida Statutes). The bill provides that if an action is filed against a board or commission to enforce the opportunity to be heard, a court is to assess reasonable attorney's fees against the board or commission if it is determined that a violation occurred. The court can assess reasonable attorney's fees against an individual filing an action if the court finds that the action was filed in bad faith or was frivolous. A court can also issue an injunction for the purpose of enforcing the opportunity to be heard. CS/CS/SB 50 also provides that if a board or commission adopts rules or policies and follows such rules or policies when providing an opportunity for members of the public to be heard, the board or commission is deemed to be acting in compliance with the law. Significantly, the bill also specifically provides that any action taken by a board or commission that is found to be in violation of the opportunity to be heard is not void as a result of the violation. Hopefully, CS/CS/SB 50 will not have a significant effect on the current operations of elected city commissions and city-appointed boards or commissions, as most of these bodies Likely already provide opportunities for public input. If your city has not already done so, you may want to consider adopting rules or policies on public testimony that are applicable to meetings of both the elected and appointed entities. The bill is effective on October 1, 2013, and cities should use the next several months to review, and update if needed, current rules or policies on public testimony before city boards or commissions. Kraig Conn is legislative counsel for the Florida League of Cities. • Quality Cities-May/June 2013 33 166 THIS PAGE INTENTIONALLY LEFT BLANK 167 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Jimmy Morales, City Manager Rafael E. Granado, City Clerk Jose Smith, City Attorney Jorge R. Exposito, Commissioner October 9, 2013 Referral to Land Use Committee: RM2 MEMORANDUM Please place this item on the October 16,2013, Commission Meeting Agenda for the referral to Land Use Committee for consideration of establishing acceptable accessory uses permitting restaurants in contributing historic structures within the RM2 cultural arts neighborhood overlay district. · We trust that you will find all in good order. Should you have any questions, please feel free to contact my Aide, Nattaly Cuervo at 6457. Best regards, JE/nc VVe are committed to provkiing excelienr oubl,c seNicc! and'"-',., •. to of! ,vi!."J live. work. and play in our vilwmr. rropical, hi: Agenda Item C t(' G- 168 Date IO-Ib -£3 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 142, 11ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2, "ACCESSORY USES," SECTION 142·902, ''PERMITIED ACCESSORY USES," PERMITIING RESTAURANT USES IN CONTRIBUTING HISTORIC STRUCTURES IN THE RM·2 DISTRICT WITHIN THE CULTURAL ARTS NEIGHBORHOOD DISTRICT OVERLAY; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article IV, "Supplementary District Regulations," Division 1, "Accessory Uses," Section 142-902, of the Land Development Regulations, are hereby amended to read as follow: ARTICLE IV, Supplementary District Regulations * * * DIVISION 2. Accessory Uses * * * Sec. 142-902. Permitted accessory uses. The following are permitted accessory uses: (1) a. Hotels not located in the RM-1 or RM-2 district are permitted to have any accessory use that is customarily associated with the operation of a hotel or apartment building. b. Hotels located in the RM-2 district are permitted to have any accessory use that is customarily associated with the operation of a hotel or apartment building, except for dance halls, entertainment establishments, neighborhood impact establishments, outdoor entertainment establishments or open air entertainment establishments. 169 c. Where permitted, hotels located in the RM-1 district may have accessory uses based upon the below criteria: 1. A dining room operated solely for registered hotel visitors and their guests, located inside the building and not visible from the street, with no exterior signs, entrances or exits except as required by the South Florida Building Code. 2. Other accessory uses customarily associated with the operation of an apartment building, as referenced in subsection 142-902(2), for the use of registered hotel visitors and their guests only. (2) Apartment buildings may have accessory uses based upon the below criteria: a. Mechanical support equipment and administrative offices and uses that maintain the operation of the building. b. Washers and dryers shall be located inside a structure or not visible from a right- of-way. c. A dining room which is operated solely for the residents in the building shall be located inside the building and shall not be visible from the street with no exterior signs, entrances or exits except for those required by the South Florida Building Code. However, a dining room shall not be allowed in the RM-1 district except for those dining rooms associated with adult congregate living facilities. d. Public telephones and vending machines shall only be permitted to be located inside buildings; however, one public telephone may also be permitted outside, as long as it is not located in a required front yard, required side yard facing a street, or on a facade facing a street; the exact location and manner of placement of all public telephones shall be subject to design review approval. One automatic teller machine shall be permitted on the exterior walls of buildings, when associated with an accessory commercial use allowed under subsection 142-902(2)e., except in historic districts. The exact location and manner of placement for automatic teller machines shall be subject to design review approval. e. Buildings in the RM-3 and R-PS4 districts may have commercial, office, eating or drinking uses with access to the street if they are either located in the ground floor space, subterranean level or in the highest floor of a building; however, 170 office space, when located on the ground floor, shall be at least 50 feet from the front property line. f. Solarium, sauna, exercise studio, health club or massage service for use by residents or open to the public by an individual licensed by the state or other appropriate agencies. g. Any accessory commercial use as permitted herein shall be located on the lobby or first floor if there are no apartment units on such levels. This provision shall not apply to home based business offices as provided for in section 142-1411. h. Family day care centers as defined in subsection 142-905(b)(l). i. One property management office for the purpose of managing residential units within the building as well as residential units located in other buildings under common beneficial ownership, as long as the total number of units does not exceed a maximum of 100 units. j. Buildings in the RM-2 district in the area bounded by Indian Creek Drive, Collins Avenue, 41st Street and 44th Street that face the RM-3 district may have restaurant, coffee house, sundry shops, or food market uses located in ground floor space not to exceed 70% of the ground floor. These uses may have direct access to the street. Dance halls, entertainment establishments, neighborhood impact establishments, outdoor entertainment establishments, or open air entertainment establishments are not permitted. Outdoor music (including background music) is prohibited. Any outdoor uses on Indian Creek Drive shall be limited to no later than 11:00 p.m. Parking requirements for accessory commercial uses in newly constructed buildings must be satisfied by providing the required parking spaces, and may not be satisfied by paying a fee in lieu of providing parking. There shall be no variances from these provisions. k. Contributing structures in the RM-2 district within the Cultural Arts Neighborhood District Overlay (CANDO) district that have historically operated a restaurant are permitted to operate a restaurant open to the public which does not exceed 90 seats. SECTION 2. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 171 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 ofthis ordinance. SECTION 4. Codification. It is the intention ofthe Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article/' or other appropriate word. SECTION 5. Effective Date. This Ordinance shall take effect the_ day of __ _~ 2013. PASSED and ADOPTED this __ day of-------' 2013. ATTEST: MATTI HERRERA BOWER, MAYOR RAFAEL E. GRANADO, CITY CLERK Underline denotes additions and strike tl:lrel-:lgl:l denotes deletions 172 THIS PAGE INTENTIONALLY LEFT BLANK 173 ('") 0') MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMI SION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: REPORT OF THE SEPTEMBE 23, 2013 LAND USE AND DEVELOPMENT COMMITTEE MEETING AND S ECIAL PUBLIC WORKSHOP A Land Use and Development Committee meeting and Special Public Workshop was held on September 23, 2013. Land Use Committee Members in attendance were Commissioners Michael Gongora, Jonah Wolfson and Edward L. Tobin. Other Commission Members in attendance were Mayor Matti Bower, Commissioners Jorge Exposito and Deede Weithorn. Members from the Administration, including Jimmy Morales, Joe Jimenez, Richard Lorber, Thomas Mooney, Michael Belush, Jose Smith, Gary Held and Deborah Turner, as well as members of public, were also in attendance. Please see the attached sign~ in sheet The meeting was called to order at 3:27pm. 3:00 REGULAR AGENDA 1. DISCUSSION OF THE REDEVELOPMENT OF THE TALMUDIC UNIVERSITY PROPERTY LOCATED AT 4000 ALTON ROAD. (REQUESTED BY COMMISSIONER JERRY LIBBIN APRIL 17,2013 CITY COMMISSION MEETING, ITEM C4J) AFTER-ACTION: Richard Lorber provided an overview, including required legislation and amendments to comprehensive plan. Michael Larkin presented on behalf of the Talmudic University and indicated that the height increase desired is 85 feet. Mr. Larkin acknowledged that the proposed project would comply with the proposed MBU single family height interface Ordinance. Suria Yaffur from Zyscovich Architect presented the proposed initial site and development plan. Comm. Wolfson had a question regarding the specific property that the code amendment would apply to. He also asked whether it makes sense to re-zone FOOT properties before or after the actual purchase. MOTION: Refer to Planning Board as proposed. Tobin/Wolfson 3-0 175 Agenda Item Date c. (OA 10-lh-13 City Commission Memorandum Report of Land Use & Development Committee Meeting of September 23, 2013 Page 2 of4 2. DISCUSSION REGARDING TAXI SERVICE IN MIAMI BEACH AND MIAMI·DADE COUNTY. (REQUESTED BY COMMISSIONER MICHAEL GONGORA SEPTEMBER 11, 2013 CITY COMMISSION MEETING, ITEM R9Q} AFTER-ACTION: Comm. Gongora provided a brief history of the matter. Deborah Turner provided an overview of the Resolution proposed. Marcia Monserrat from the City Manager's office also provided an overview of the proposed County Ordinance. Jimmy Morales updates the Committee. Comm Tobin suggested that the discussion be deferred. MOTION: Send an Administration representative to the Coonty Commission meeting to monitor the item and report back to the LUDC. Gongora\WQ!fson (3-0} 3:30 SPECIAL PUBLIC WORKSHOP 1. DISCUSSION REGARDING ·Nfo,_:Af,IIENDMENT;:lO THE LAND DEVELOPMENT REGULATIONS THAT WILL ~OTECTIOi2f.ROM TOTAL DEMOLITION OF ARCHITECTURALLY SIGNIFICANT stR$1.E FAMrtY ,HOMES BUll T PRIOR TO 1942. . . (RETlJRNWG FROM THE JQJE.12, ~3 LUDC MEETING ORIGINALLY REQUESTED BV. MAYOR MATTI HERRERA BOWER AND CITY COMMISSION DECEMBER 12. 2812 CITY COMMISSION MEETING, ITEM C4P) AFTER·ACTION: Richard loJbef provided an overview of the proposed Ordinance by going over the proposed new incentives. Commission Discussion & Questions: Mayor,Bower asked a question regarding the lot coverage changes and incentives. Comm. Tobin had a question regarding the number of new homes that have been constru~. Comm. Tobin stated that demolition across the board is not always a bad thing and that it ~·important to retain/preserves homes of significant value. Comm. Exposito had a question regarding proposed allowable lot coverage for a specific home. Mayor Bower expressed a concern with the size of homes in relation to the interior side setbacks and asked whether 2nd floors can be further setback to prevent 'looming' effect. Comm. Tobin had a question and raised a concern regarding minimum courtyard requirements within interior side yards. Comm Weithorn and Tobin had questions on post 1942 architecture and how post war architecture is defined. Comm Tobin had a question on how the DRB would have to 'substantially' reintroduce the original scale, massing, etc. Richard Lorber indicated that some of the language proposed could be further fine tuned. 176 City Commission Memorandum Report of Land Use & Development Committee Meeting of September 23, 2013 Page3of4 Comm. Tobin suggested that staff take photos of the 4-5 'problem' homes in order to analyze what the problems and issues are. Comm. Gongora indicated that he believes the compatibility of the new structures and additions should be taken into account. Mayor Bower also indicated that compatibility is important. Comm. Weithhorn expressed a concern with the ORB trying to make an 'objective' decision in a 'subjective' manner. She stressed that the DRB needs as much information as possible to make the most informed decision. Public Comment: Emmanuel Sebag -agreed on objectives. Rules do not promote good architecture. Too much uncertainties in current code. Concerns with proposals.onmassing, heights. Julian Johnston -Preserving an existing home built in 1926 Kathy Burman -Parents long time residents. Concern with trying to sell existing home, and impact that the demolition moratorium has had on the.ability to sell. Gordon Loader-Proposed amendments should,.implemented quickly. Jo Manning -Discussed issue of governm~:~·gulation and property rights. Supported proposed regulations, as they will further co~bility. Daniel Giraldo-Discussed the built environment and suP,POrt for the compromise proposal before the LUDC. .. Kent Robins -Indicated that the proposed re~s are conservative and believes purpose of ordinance is to protect Ctirfent property o'Nt'te(s values. Terry Beinstock-Discussed importance of:NeighborhoOds. Jaimie Rubinson -Expressed a concern witiJ;:the details O;f the Ordinance. Specifically, issue of lot sizes and what was originSt v. what ;)a en the site. Importance of emphasizing that size of existing house can be replicated. AJSo had a concern with large, incompatible additions to original homes. Nelson Gonzalez -Indicated that the ordinance needs a lot of fine tuning. Gary Appel -Indicated there are good incentives in the Ordinance. For own home the retention and addition required a lot of variances. Ordnance would remove that burden for retention of homes. SF neighborhoods are'.sifferent. Protection of Quality of Life of neighborhood important. Mici"laellarkin -Indicated that he thought there was a lack of homeowner outreach and that in his opinion homeowners do not know about 'property rights' being diminished. He also addressed the issue of flood insurance subsidies. On architecturally significant criteria, he believes that the criteria should be fine tuned as current criteria is too broad. He also had an issue with compatibility criteria of 375 feet. Catherine Rodstein-Indicated the has a 1938, 1 story home and spent over $300,000.00 enhancing it..·:Now has 2 large modern houses flanking her. Expressed a concern with the incompatibilitY of new homes within the established context. She believes that the appropriate detennination for new homes is the ratio to the remainder of its surroundings. Darren Tansy-Lives in a 1938 home and would not tear it down by his choice. Dora Puig -Pre-1942 home owner, very happy with home but had a concern with the impact of the ordinance on the re-sale value of the home. Also believes compatibility issue is affected by FEMA requirements. George Helvecki -Owns a Pre-1942 home and concerned about disincentives. Danny Hertzberg -Believes proposed changes are an overreaction and that they have already impacted the real estate market across the board for 'tear down' homes. Also concerned with previous homes being 'substantially re-introduced. Jill Hertzberg -Noted that she was born and raised in Miami Beach and promotes the City 177 City Commission Memorandum Report of Land Use & Development Committee Meeting of September 23, 2013 Page4of4 on a daily basis. Also noted that no City gets the same dollar per sq ft that Miami Beach does. Peter Luria -Lives in a pre-1942 home, but believes that the proposed ordinance is not necessary. Suggested that oversized homes should be integrated into the discussion. Joel Simmons-Read a letter from a prospective home owner regarding a pre-1942 home and the impact of the ordinance on the new home proposed for property. Commission Deliberations: Comm. Tobin indicated that the LUDC should make a recommendation regarding the proposed Ordinance. Comm. Wolfson recommended against the Ordinance. . Comm. Tobin suggested that some direction be giveJ:J;~ .:;and recommended that the disincentives proposed be further studied. ~ · ·· Comm. Weithorn indicated that she does not believe··the Ordinance is ready to move forward in its current form. Context data is missing and what is proposed is too much. MOTION: Recommendation NOT to approve the Ordinance (Tobin/WoJfson 2-0) 2. ORDINANCE AMENDMENT ~NING TO ·~IZED SINGLE FAMILY HOMES. (REQUESIFD8V CITY CO'-$SION SEPTEMBER 11.2013 ctTY C0...SSION MeETING ITEM C4E) AFTER-ACTION: .. ./ Commissioner Tobin indicated that a ~eqwi'Fement for 'context' material was needed, particularly for new homes impacted by FEMA requirements, which have an impact on compatibility. Also indicated thal the 4-5 problem homes need to be photographed and studied. MOTION:,< · No aciiJI1'faken. 3. ot8cuSSION ON MCHITECTURALL Y SIGNIFICANT HOMES -THE CITY OF CORAL GABLES ORDINANCE LANGUAGE IN REGARDS TO THE REVIEW OF TOTAlQEMOLITIOit·REQUESTS FOR SINGLE FAMILY HOMES . . (REQUESTED BY MAYOR MATTI HERRERA BOWER SEPl'EIIBER 11,2013 CITY COMMISSION MEETING, ITEM C4J) AFTER-ACTION: No discussion and no action taken. Item deferred. Meeting Adjourned at 6:10 PM Attachment JLM/JMJ/RGL t:\agenda\2013\october 16\report of the ludc meeting of september 23, 2013.docx 178 NAME 1. 2. 3. 4 5. 6. 7. 8. ~ ~ ....... <0 10. 11. 12. 13. 14 15. 16. 17. 18. LAND USE AND DEVELOPMENT COMMITTEE MEETING AND SPECIAL PUBLIC WORKSHOP ON ARCHITECTURALLY SIGNIFICANT HOMES September23, 2013@ 3:00pm City Manager's Large Conference Room Attendance Sheet CONTACT NUMBER E-MAIL ADDRESS .Ss~-ti A--t-1. 1 @ e-Jt-i ki L .c~ -{lOU)€N1:>)1 'NA-@ flH ln'L -Loh l-G Hflv J'9 (?..a ifrL~vi cA/3, Coif· @ 3 o.; ,v,/9 $-o o:}::r 5o 5s31 ;~5 . -· --·----~ ----------·-------- ~ 00 0 21. 22. NAME LAND USE AND DEVELOPMENT COMMITTEE MEETING AND SPECIAL PUBLIC WORKSHOP ON ARCHITECTURALLY SIGNIFICANT HOMES September 231 2013@ 3:00pm Attendance Sheet CONTACT NUMBER I I WISH TO RECEIVE THE UNK TO THE ELECTRONIC AGENDA E-MAIL ADDRESS .7 --""'-J '{-" ..:J \:1 LJ.../'>,.j -....}<:.IJ..JS-ta-N ~0 1-31. &·--23. oo"EL $;MLoi.O Mb~ r4c; .n-.41..1 .. 24. If-26. 27. 30. 31. 32£:/trf;ldl/5 j~A.J I '/ (p/-07 I ~J-7' 6M!;!t//.t., 33. 34 35. 36. '"-"" 37. @ 38. @ 39. @ 40. @ M:\$CMB\CCUPDATES\Land Use and Development Committee\Sign In Sheet 2013.docx ----.. _________________________ _ ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera-Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: REPORT OF THE NEIGHBORHO D/COMMUNITY AFFAIRS COMMITTEE HELD ON MONDAY September 30. 2013. A meeting of the Neighborhood/Community Affairs Committee was held on Monday, September 30, 20132:00 pm, and was held in the City Manager's Large Conference Room, 4th 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 2:10PM. 1. Discussion Regarding The Placement Of A Plaque At The Flamingo Park Tennis Facility Commemorating Mr. Jerry Moss And His Tremendous Contribution To Tennis On Miami Beach. (2:10PM) John Rebar, Parks & Recreation Director presented the item. Upon referral from the commission, staff was directed to explore placing a plaque at the Flamingo Park Tennis Center to honor Jerry Moss. It was suggested that a Wall of Honor or similar be placed on the Tennis Facility at Flamingo Park. The design of the plaque would be one which allows for the names of others to be placed on the "Honor List". Staff also recommended the Tennis Advisory Committee discuss and recommend criteria for future persons to be considered for the honor. Motion: Commission Libbin made the motion to send to Tennis Advisory Committee for discussion. Second by Commissioner Exposito. 181 Agenda Item C 1/J 8 Date IO-/h-13 2. Discussion Regarding The Log Cabin Property And The Possibility Of A Collaborative Community Center. (2:13PM) Max Sklar, Tourism and Cultural Development Director presented the item. He explained that on or about August 21, 2013, Tenant closed its doors and began moving its operations from the Log Cabin to other locations within the control of Tenant, due to Tenant's financial inability to continue operations at the Demised Premises. On September 13, 2013, the Tenant terminated its leasehold interest in the Demised Premises and transferred possession of the Demised Premises to the City. The Parcel is 52,500 square feet with an education classroom building and historic log cabin building. The Education Building is 2,370 square feet, the Log Cabin is 1,096 square feet (excluding the front and rear porch), and the Storage/Lounge Building is 936 square feet. The following are alternative uses for the property available to the city: • Assign Lease to the Miami Achievement Center for the Developmentally Disabled (MACTOWN): Mr. Clint Boers, President and CEO, approached the City through Sunrise Community, Inc., interested in assuming the lease and continuing to provide services for people with intellectual and developmental disabilities. MACTOWN is located in the City of Miami and has provided these services throughout Miami-Dade County for more than 50 years. • Teen Club: The City's Parks and Recreation Department is seeking a location for a permanent dedicated teen club site to accommodate over 200 north beach teens. The Teen Club is proposed to include a Computer Lab and learning Center, Video and Game Room, New Basketball Court, Environmental/Nursery/Botanical work and "green" enrichment program, Small Fitness Center. • Skate Park: The City has been searching for a site for a permanent skate park and this location is large enough to accommodate such use. • The Office of Community Services has several programs that service families in North Beach. The following is a summary of those programs and needs: o Success University may hold its Family Group Conferences at this location evenings and weekends. o Morning All Stars could hold programming afterschool, Saturdays and during the summer. o Parent-Child Home Program could use this space for parenting workshops evenings and weekends. 182 o Community Services could use the space during periodic workdays to sponsor workshops eared to elder residents. o In addition, several of our Service Partnership colleagues have requested operating space within our City including Open Arms, Abriendo Puertas of Little Havana and Barry University. The property does seem to have enough space to accommodate multiple uses. There are also potential synergies among uses. Max Sklar recommended, a Teen Club and skate park along with job training through the Teen Job Corp and a youth first time offender diversion program. These would all complement each other and provide a full spectrum of youth services. Commissioner Libbin feels that we've made a commitment to the community to build a skate park and this has already been funded ($400,000). He also stated that the North Beach neighborhoods are excited to have a skate park. Commission Exposito agrees with Commissioner Libbin but would also like to see programs to engage teens with various activities. He mentioned that he has visited other cities with skate parks and they are utilized. He understands that some have received funding thru Tony Hawk Foundation. www. tonyhawkfoundation. org City Manager noted that he believes we have room for both. Commissioner Tobin commented that he wants the right person to energize and drive the right program. 15 t Motion: Commissioner Exposito made the motion to direct administration to bring a proposal to incorporate both the teen center and skate park to the next committee meeting October 28th. All were in favor. Further discussion continued at 4:44 as representatives from MACTOWN were under the understanding that the meeting was at 3:00 PM. Violet Gonzalez spoke on behalf of MACTOWN and gave a presentation and proposal. (see attached). 2nd Motion: Commission Libbin requested for administration to work with MACTOWN and explore opportunities; Second by Commissioner Exposito. Bring back to committee meeting October 28th and invite MACTOWN to attend. 183 ~~-~----- 3. Discussion Regarding Potential Options For Collins Canal Project. (2:25) Jose Gonzalez, Transportation Manager presented the item. As part of the construction, most of the landscape adjacent to the canal was removed to ensure that pedestrians and bicycles could use the shared-use path in accordance with the design standards. The vegetation along a section of approximately 650 feet between Alton Road and Meridian Avenue was the most impacted due to right-of way constraints. As a means to mitigate the impact to the landscaping, and based on input received from the Greeenspace-Tree Advocacy Group (GTAG), the City retained the services of Atkins North America Inc. to study the potential elimination of the left turn bay from eastbound Dade Boulevard into the Publix Supermarket driveway. The elimination of the left turn bay into the Publix driveway would allow a portion of Dade Boulevard to be shifted north in order to accommodate landscaping in the constrained section adjacent to Collins Canal, however, approval from Publix is required for such elimination. The traffic study was completed by Atkins in October 2012 and concluded that the potential elimination of left turn movements at the driveway would have minimal effect on the traffic operations at the intersections within the study area; however the accessibility limitations would affect some Publix patrons. In addition, the elimination of the left turn movement at the driveway may affect the safety of the Dade Boulevard corridor by potentially increasing illegal U-turns. Following the completion of the traffic impact study for the elimination of the left turn bay into Publix, the City developed a preliminary concept for a roundabout at the intersection of Dade Boulevard and Michigan Avenue. A roundabout at this intersection may improve the safety and operation of the intersection, allowing for all turning movements and improving accessibility into Publix. The results of the study determined that the roundabout would be geometrically feasible and would improve the operations Level of Service (LOS) at the intersection. If the MBCC redevelopment project is approved, the transportation options for this area will be considered as part of the Final Transportation Plan for the Miami Beach Convention Center project. Commissioner Exposito expressed his concerns regarding the lack of landscape. He would prefer the City to something for the residents to have the walkway with landscape. He shared a drawing submitted by a resident for consideration and an idea of what the residents would like to have. Direction: Administration to meet with the GTAG group; create a short term plan of action and bring to Commission in October to approve the plan of action then back NCAC in October. 184 4. Discussion Regarding The Conditions Of South Pointe Park. (2:35) Jose Smith stated that this issue is going to trial in April. He would like to have Steve Rothstein to update the committee on the status of the case. Steve Rothstein, City Attorney's Office updated committee. John Rebar, Parks & Recreation Director presented the item. He mentioned that three items are currently under consideration for alternative options. Water Feature CIP Lighting CIP Turf Remediation Parks & Recreation He will follow up with CIP to find out the status and project timeline. Ron Stuckman, SOFNA president spoke. Carla Probus spoke Direction: Administration to review options and come back to NCAC in December. 5. Discussion Regarding Criminal Background Checks For Employees Of City Contractors And Spot Check Updates For Those Background Checks. (2:50PM) Alex Denis presented the item. Staff discussed the issue of background checks with several governmental agencies, including Miami-Dade County, the City of Miami and the Miami-Dade County School Board. Miami-Dade County and the City of Miami do not conduct routine background checks on contractor employees, except for high security contained sites such as the airport and seaport with controlled access. The Miami-Dade County School Board does routinely require background checks on contractor employees; however, all their sites are site contained with controlled access. Staff was not able to identify any municipality that required background checks on contractor employees for sites that did not have controlled access points. Staff recommends the following regarding the requirement to conduct background checks on employees of City contractors. 1. Service Contracts with Potential for Close Proximity to Children or Other Sensitive Areas of Coverage. These contracts include services for janitorial, security guards, grounds maintenance, temporary personnel and, independent contractor agreements for coaching and recreational services. In these cases, it is recommended that FDLE Level II background checks be completed. In order to provide some safeguards 185 assuring that the background check requirement has been met, it is also recommended that employees for these services contracts be required to carry City-issued badges at all times. Since the City's Human Resources Department would need to retain outsource resources or additional staffing to absorb the impact of this new requirement, the cost for FDLE Levell! background checks and City ID cards, expected to be between $75.00 and $100, would be transferred to the applicable contractor. 2. Construction Contracts. Because it is not possible on most City projects to control access to construction sites, thereby limiting compliance, it is not recommended that the City implement a general background check requirement for these service contracts. Staff believes there may be value in requiring City contractors to maintain a daily record of all contractor and sub-contractor employees accessing a project site. The daily record of personnel would be required to be submitted to the City monthly along with each payment application. In the event of any criminal activity in the vicinity of a project site, the daily record of personnel accessing the site may facilitate investigations by the Police Department, as well as act as a deterrent to criminal activity. Commissioner Libbin suggested for all crew vehicles to have an identification or some sort of signage. Direction: The language requiring vehicle signage to be included in the procurement documents. Alex Denis to reach out to our City Attorney for language. Motion: Commissioner Exposito made a motion to move to Commission to discuss implementation of the recommendations. Second by Commissioner Libbin. 6. Discussion Regarding Sightseeing And Tour Bus Industry Regulations (3:00PM) Saul Francis Parking Director and Max Sklar TCD Director presented the item. Sightseeing and tour bus services are a growing industry in the region, including Miami Beach. There are mainly two types of services currently in operation, (1) Hop-on/Hop-offs (HH) have multiple passenger loading areas along an established route; and (2) Entertainment Tours have one loading area (Miami- Dade County bus stops) where passengers load/unload at the same location. Administration held a workshop with the tour bus and sightseeing industry on Monday, June 24, 2013. Representatives of both HH and entertainment tours were in attendance. After much discussion, the following points were supported by the industry: 186 • Competitive process for an exclusive provider for the City of Miami Beach • Regulate industry • Two (2) kiosk locations in the City of Miami Beach (Ocean Drive and Lincoln Road were suggested) On July 1, 2013, the Transportation and Parking Committee (TPC) discussed the issue of sightseeing and tour buses. The TPC did not vote on the item; however, they provided a sentiment that the number of vehicles/operators should be limited; and ticket sales need to be regulated/controlled. The TPC requested that the issue be brought back before them after the NCAC has discussed the issue. Max Sklar, suggested that we amend the ordinance to specify safety concerns and regulations. Commissioner Tobin expressed his concerns with our vision of Ocean Drive. Do we want a Key West style with T -shirt shops, etc. Directions: 1. Commissioner Tobin wants the number of citations that we've issued and bring back at the next NCAC meeting in October 2. City Manager to determine how best to handle Ocean Drive stop while the regulations are formalized. Motion: Administration to meet with industry and come back to NCAC once the TPC discuss the issue. Bring back to NCAC in December. 7. Discussion Regarding A Potential Public Basketball Court To Be Located Between ath and gth Streets, West Of The Dunes, Near The Exercise Equipment. (3:30 PM) Commissioner Libbin began the discussion. A resident of Miami Beach has offered to pay for the full cost of designing and constructing a basketball court to be located on the sand west of the dune near the exercise equipment located in the area between 81h and gth Streets in Lummus Park. He also mentioned that University of Miami and the owner of a professional sports franchise are willing to pick up the tab. Concerns were raised regarding the Coastal Construction Control Line (CCCL) Permit from the Florida Department of Environmental Protection (FDEP). Based on the fact that the court requires the installation of concrete in order to initiate the FDEP permitting process. If an organization or individual was interested in proceeding with the installation of a temporary court the requirements may be less stringent. Depending on the specifications, a temporary structure may not have to go through the lengthy CCCL permitting process and the City of Miami Beach could apply for a field 187 permit. The matter would need to be fully reviewed to determine the specific action steps necessary to permit the temporary court. Commissioner Tobin suggested that the item be referred to Commission to get their buy in. Motion: Motion made by Commissioner Libbin to refer to the next Commission meeting October 16, 2013 for discussion only and invite business owners. Second by Commissioner Exposito. 8. Discussion Regarding The Continuation Of The Adopt A Beach Pilot Program. (4:20 PM) Jay Fink, Public Works Assistant Director presented the item. On September 9, 2009, the City Commission adopted a resolution approving and authorizing the establishment of the Adopt-a-Beach Pilot Program for a period not to exceed one (1) year. Through this program, various groups such as local businesses, volunteer groups, and non-profit organizations adopted a specific section of the beach to clean a minimum of four (4) times per year. The participation or sponsor fee of $200 covered the cost of the clean-up materials (e.g. reusable buckets, biodegradable bags, cloth gloves, first aid kits, information booklets) and the program signage to which a vinyl decal of the sponsoring organization's logo was affixed. On December 9, 2009, the City of Miami Beach signed a lease agreement with the Environmental Coalition of Miami and the Beaches (ECOMB) for the building located at 210 Second Street. Pursuant to the terms of the lease agreement ECOMB agreed to coordinate the City's Adopt-a-Beach Program, whose operation and management was estimated to involve between 10 and 20 hours off staff time per week. ECOMB agreed to support his new initiative by relieving City staff of the time associated with the implementing, coordinating and monitoring this program. However, City staff was assigned the responsibility of coordinating with ECOMB, providing the program's signage, collecting the sponsors fees, and purchasing all program materials. Since the program was launched in 2010, ECOMB's records show a total of 37 organizations registered for the program. However, only 27 organizations submitted their sponsor fees. The records also indicate that only 18 organizations conducted clean-ups, and of those 18, only four organizations completed the minimum number of clean-ups required. ECOMB has stated that it had difficulty obtaining the information required to properly track sponsor participation during the pilot period and, therefore, the data provided may not reflect actual participation. City staff's involvement in the program was greater than originally anticipated. It included developing program materials, collecting and managing funds, 188 purchasing materials, assembling material packages, installing and maintaining signs, and responding to sponsor questions and concerns. The continuation of the program as it was initially developed will require a dedication of Public Works Environmental and Property Management Divisions staff hours. At the April29, 2013 NCAC meeting, the Administration recommended either terminating the program or that staff support to the program be reduced and that, subject to the City's supervision, ECOMB be responsible for completely administrating the continuation of this program. The NCAC requested that ECOMB provide a letter of intent to administer the program, including any additional funding requirements needed from the City. On August 14, 2013 ECOMB provided a letter of intent to completely manage and operate the Adopt-a-Beach program. ECOMB is proposing that the City pay ECOMB an annual fee of $20,000 that will be used "to pay for the services of staff responsible for coordinating the Adopt-a-Beach program, a portion of operating costs, and material costs for implementing the program". In addition, ECOMB will collect annual sponsorship fees of: • $200 -non-profit organizations and/or schools; • $500-for profit businesses and/or individuals. • A tiered discount program will be offered for existing for-profiUindividuals that commit to a long-term contract. For example, if a sponsor commits to a 3-year contract they will pay $200 in year one, $350 in year two, and $500 in year three. All sponsorship proceeds would be retained by ECOMB. It should be noted, that any changes to the Adopt-a-Beach program will require amending ECOMB's lease agreement with the City for the 210 Second Street property. Luis Rodrigues from ECOMB spoke. Deborah Ruggiero spoke. Harold Rosen spoke. Motion: Commissioner Tobin gave the motion to have administration to ensure that Miami-Dade County is properly cleaning our beaches. Also, the current ECOMB model needs work. Work on the model and come back to NCAC in November. Second by Commissioner Libbin. 9. Discussion Regarding The Permanent Closure Of The 400 Block Of Espanola Way Between Washington Avenue And Drexel Avenue. (3:37) Jose Gonzalez, Transportation Manager presented the item. He stated that currently, the 400 Block of Espanola way (between Washington Avenue and Drexel Avenue) is closed from 6:00PM to 5:00AM every day and functions as a 189 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 6:00AM in order to enhance the commercial viability of the corridor and improve pedestrian safety; thus, this one block of portion 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 the 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 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 ballot results). 6. Approval from the Miami-Dade County Public Works and Waste Management Department. In May 2013, the City initiated the balloting process. Ballots were mailed to 53 properties. Over two-thirds (2/3) of the respondents voted in favor of the street closure, thus meeting one of the required criteria for closure. Commissioner Tobin expressed his concerns with this item as he doesn't recollect giving direction for this initiative. He was also very concerned that the City paid for a consultant without commission or committee direction. Commissioner Libbin thinks it is a great idea and would like to hear from residents and business owners. 190 ------~-~--- Commission Exposito had concern with deliveries. He was advised by merchants and staff that currently all deliveries are done on Drexel Avenue. Edward Seltzer, Clay Hotel property owner spoke. Neal Kohli, Business owner spoke. Motion: Motion made by Commissioner Libbin that unless we find prior commission action go back to commission in October and for administration to do some outreach to the business owners to be present during the October commission meeting and make it time certain. Second by Commission Exposito. 10. Discussion 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. (4:00PM) Elizabeth Wheaton, Environmental Division Manager and Jay Fink, Assistant Public Works Director presented the item. 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 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. Currently, multifamily residences with eight (8) units or less have the option to contract with a private solid waste and recycling provider or to 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). While, the County requires multifamily residences with eight (8) or less to provide a recycling program, if these residences chose not contract with the City for solid waste and recycling service, the City Code does not require these buildings to provide a recycling program. 191 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} dwelling units to provide a single- stream recycling program. The proposed amendments are provided in Attachment A. Single-stream recycling is a recycling method that allows for all recyclable materials to be comingled and placed in the same container, making it easier for individuals to efficiently recycle. In addition, single-stream recycling provides for more items to be recycled, including plastic, glass, aluminum, steel, aseptic containers, cardboard, and paper. The separation of recyclables at the source is most cost-effective when it occurs for large quantities of a recyclable material, such as cardboard in commercial establishments. The City of Miami Beach has committed to creating a more sustainable community. Recycling diverts waste from the landfill and conserves natural resources. Attachment B provides a flow chart of both the City and County's requirements for single-family homes, multifamily residences, and commercial establishments. Currently, the City provides single-stream recycling service to all single-family homes and the City Code establishes recycling regulations for commercial facilities and multifamily residences with nine {9) units or more. However, there are a number of multifamily residences with two (2) to eight (8) units that do not contract with the City for solid waste and recycling service. While they are required to recycle per the County Code, the City does not have the ability to enforce when a property owner is non-compliant. The proposed amendment will close this loophole and will further encourage more properties to establish a recycling program for their residents. Motion: Motion made by Commissioner Exposito directing staff to bring to the next Commission meeting in October. Second by Commissioner Llbbin. 11. Discussion Regarding A Barrier With Foliage Be Installed By FOOT In The Meridian On 41 51 Street From Alton Road To Meridian Avenue Within Two Years From The Completed FOOT Traffic Study. (4:10PM) Commissioner Libbin and Commissioner Tobin both expressed their concerns with the lack of safety regarding kids crossing the street and would like this issue resolved quickly. City staff will communicate to FOOT its concerns regarding the limited effectiveness of the proposed raised median with a pedestrian scale fence and landscape features and will continue to work with FOOT to explore additional options that would more effectively deter Nautilus Middle School students from crossing 41st Street and enhance pedestrian safety in the vicinity of the school. Currently, City Police resources have been assigned to assist with directing Nautilus Middle School students to cross at Garden Avenue and at Meridian Avenue. In addition, a City-funded school patrol liaison and a Miami-Dade County School Board police officer provide assistance during morning drop-off hours. The use of resources on a sporadic 192 basis is intended to be a short term measure as it presents a burden on available City Police resources. City staff is also working with the school administration to implement a more sustainable solution to the issue such as instituting a policy that restricts students from leaving school premises before and after school hours. Motion: Motion made by Commissioner Tobin to have administration move quickly and come back to Commission in October with a solution. 12. Discussion Regarding The Normandy Shores North Guardhouse On Bay Road. (4:15PM) Jay Fink, Assistant Public Works Director presented the item. The location of the guardhouse would be on the north of the Bay Road Bridge and south of the intersection of South Shore Drive. The guardhouse would be similar in design and location as to the one located at North Shore Drive. The area that would have primary benefit of this security feature would be South Shore Drive from Ray Street to Bay Road and from the bridge to the Fairway Drive intersection. This area encompasses approximately 340 existing multi-family units and 60 (estimated) multi-family units in a proposed development. The City of Miami Beach has competed construction of a guardhouse for Sunset Island 3 & 4. This project is similar in scope to the design and construction of a guardhouse for Normandy Shores. The proposed guardhouse would be located at the right-of-way line of Bay Road between South Shore Drive and the Bay Road Bridge. The estimated cost for design and construction would be $90,000 with the yearly maintenance cost including, electricity, security guard, and incidentals of $175,000 per year. The capital cost per unit would be $225.00 to build the guard house. Motion: Motion made by Commissioner Tobin to bring to Commission in October. 13. Discussion Regarding The Veteran's Day Parade. (3:55 PM) Jimmy Morales, City Manager presented the item. For the past four years, Commissioner Libbin along with the Miami Beach Veterans of Foreign Wars Post 3559, American Legion Post 85 and local military officials have coordinated the Miami Beach Veterans Day Parade and Wreath Laying Ceremony. Parade participation has flourished over the years from approximately 50 individuals to over 2200 participants last year. The parade has included a variety of military groups 193 and veterans, public officials, students, bands, local businesses, sports teams and other organizations. In 2012/13 the City appropriated $15,000 in our Citywide Account for expenses related to the parade. Actual expenses for the 2012/13 parade were $11 ,650. The FY 2013/14 Proposed Budget includes $15,000 for the execution of the 2013 Fifth Annual Miami Beach Veterans Day Parade. City Manager has reviewed the logistics of the parade with staff and believes that we can the City can coordinate the efforts of the various participants for the budgeted amount. Motion: Motion made by Commissioner Tobin to move forward with the coordination of the parade. Second by Commissioner Exposito. 194 ~ (Q CJ1 tD f\liA,\/\•1'BEArH ~ • 't d, \1 ... \ ' ll'-' PLEASE PRINT LEGIBLY NAME ~tv+-~1-ve~E-~ SiDN5Y (;.oLIJIN .\-\-N ~PtN ' N E.f\.-L i<..a~ L ' J\l.ArJ ']0:fA (J' c \ ht-.J v s. v A-~&--, S"awC ffe<l#C..e$.:. Na-;a ·ttz. ::Sc"-...s-. c.._r ---...... NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE September 30, 2013 SIGN-IN SHEET ORGANIZATION I DEPT. J PHONE NO. T EMAIL -:AO'D~ 8ft, ;2_q 9 o 1! oJ \olAV\ st-o..ra I e.~~ .co ~~\~ . l3os--534--9l46 l-{~~~ oP.QJ_c,{\~ nu e. 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' _. -·-· ,_. --' -~---~, .. ________ _ THIS PAGE INTENTIONALLY LEFT BLANK 198 (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMtTIEE MEMORANDUM TO: FROM: Mayor Matti H. Bower and Memb Jimmy L. Morales, City Manager s of the c:sion DATE: October 16, 2013 SUBJECT: REPORT OF THE SPECIA FINANCE AND CITYWIDE PROJECTS COMMITIEE MEETI G ON SEPTEMBER 19, 2013 The agenda is as follows: OLD BUSINESS 1. Discussion of old business items to determine if they should remain on the pending items list: a. Status update on Business Tax Process Improvement ACTION The Committee recommended leaving this item on the agenda since the new Accela process is still pending. b. Additional proposed amendment to the City's Living Wage Ordinance Mandating Health Benefits Plan ACTION The Committee recommended removing this item. c. Discussion of responses received from the Request for Letters of Interest (RFLI) for a North Beach parking garage ACTION The Committee recommended removing this item. d. Discussion on water conservation methods and implementation ACTION The Committee recommended removing this item. 199 Agenda Item Ct,C Date /tJ-/b-1~ ...... e. Discussion regarding upgrade to Municipal Parking Garage gated revenue control system ACTION The Committee recommended leaving the item on the agenda due to the fact that the current revenue control system needs to be updated. f. Discussion regarding the issuance of a request for qualifications for a third franchise Solid Waste contractor for residential and Commercial Solid Waste collections and disposal ACTION The Committee recommended removing this item. g. Discussion regarding permit expiration courtesy notices; Amnesty for expired permits; And length of time for building permits ACTION The Committee recommended removing this item. 2. Discussion regarding existing tenant's new proposal to renew the retail lease agreement with 1560 Collins Avenue, 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"); Compared to the US Vintage proposal for this space, approved at the July 25, 2013 Citywide Projects Commission Committee ACTION The Committee recommended continuing the lease with 1560 Collins Avenue, Inc. d/b/a Shan for the use of Suites B and C in the Anchor Shops. Cultural Arts & Tourism Development Director Max Sklar presented this item. Cultural Arts & Tourism Development Director Max Sklar began by stating since the July 25, 2013 Finance and Citywide Projects Committee (FCWPC) meeting, the tenant's Montreal-based parent company has made the business decision to keep its presence in Miami Beach, Florida and fund any shortages which Shan may have during the renewal term. They have seen steady increases in the gross revenues in the past months. On August 28, 2013, tenant submitted a proposal to renew its lease, for the balance of its five year renewal term ("Shan Proposal"), based upon comparable rental terms to those of US Vintage Proposal. Staff recommends moving forward with the Tenant's proposal since 200 monetarily, the offer matches the US Vintage Proposal and it would keep the diversity of merchandise being sold at the Anchor Shops, while at the same time diversifying the risk of a default. Shan is current in its leasehold obligations and has been a compliant Tenant throughout its tenancy. It should be noted that negotiations with the Tenant have extended past the March 18, 2013 expiration date of the initial Lease, pursuant to the provisions in the Lease, the Term has been extended on a month-to-month basis at the current rental rate until revised terms are approved by the City for the remaining five-year option. Commissioner Jorge Exposito made a motion to continue the lease with 1560 Collins Avenue, Inc. d/b/a Shan for the use of Suites 8 and C in the Anchor Shops and it was seconded by Commissioner Michael Gongora. 3. Discussion regarding a proposal from Alpha 22, LLC to lease 2,216 square feet of city-owned vacant property, located at 22nd Street and Washington Avenue, adjacent to existing restaurant space located at 816 Commerce Street, Miami Beach, Florida 33139 (Space), to be used as outdoor cafe, concurrent with the lease/use of the adjoining restaurant ACTION The Committee recommended moving forward in pursuing a lease agreement with Alpha as proposed with the necessary revisions as discussed. Cultural Arts & Tourism Development Director Max Sklar presented this item. Cultural Arts & Tourism Development Director Max Sklar began by stating the City has received an offer from Alpha II, LLC ("Tenant" or "Alpha") to lease a City-owned 2,216 square foot vacant parcel located at 22 Washington Avenue, ("Site" or "City-Owned Parcel"), which is adjacent and east of 816 Commerce Street, a privately owned two-story commercial building. The City-Owned Parcel is a remaining portion of an undeveloped platted lot which is the residual lot in connection with the expansion of Washington Avenue. Due to its limited size and shape, the property serves little more than to provide access to 816 Commerce Street. The proposal to lease this Site is from a restaurateur who proposed to place tables and chairs on the Site to supplement the interior seating in the adjacent, privately-owned restaurant ("Restaurant Space"). Mr. Sklar went on to state the latest offer to lease the City-Owned Parcel comes from Alpha, who intends to utilize the City-Owned Parcel and adjoining Restaurant Space as a French Restaurant. Alpha Managing Principal Oliver Lubrano stated he currently manages and operates a French restaurant in New York under the name of Rouge NYC. Mr. Lubrano intends to follow a similar business plan utilized for Rouge NYC. Alpha currently intends to develop its site plan for the City-Owned Parcel, similar to the plan developed by the previous tenant, Syanna ("Syanna Site Plan"), which was approved by Planning;however, Tennant's final site plan will have to be approved by the City, as Landlord, and the Planning and Zoning Department. Mr. Sklar added that in order to mirror the 201 lease terms for the Restaurant Space, Alpha proposes a lease for nine years and 364 days in connection with the City-Owned Parcel at an initial base rent of $20.00 per square foot, plus 3% annual increases every year thereafter, subject to the known Neighborhood Restrictions, as evidenced from the Letter of Intent. Typically, the leases with the City are for a shorter term. Staff recommends a shorter term with renewal options just in case unforeseen issues occur that need to be addressed. Commissioner Jorge Exposito wanted to make sure no bus stations would be placed within the leases premises and the beautification of the area is maintained and that chairs and tables aren't being roped and tarped when the restaurant closes at night. Commissioner Michael Gongora made a motion to move forward in pursuing a lease agreement with Alpha as proposed with the necessary revisions as discussed. Commissioner Exposito seconded. 4. Discussion regarding an amendment to the lease by and between the City of Miami Beach (ulandlord") 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 moving forward with the proffer of allowing the usage of the bathrooms as long as the tenant escorts the customers to and from the bathroom after hours and an increase to $6.00 per square foot for Common Area Maintenance fees of the restroom. Cultural Arts & Tourism Development Director Max Sklar presented this item. Cultural Arts & Tourism Development Director Max Sklar began by stating the Franchisor has stated it cannot approve the sharing of signage, entryways or bathrooms by its franchisees with other businesses. The Leased premises contain 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 detennined that a separate restroom is also required by the City in order for the Proposed Nail Salon Space to obtain the applicable business licenses. The Committee asked for direction from the Building Department to determine if the use of the common area bathrooms located on the second floor of the 1701 Meridian Avenue office building is permitted under the Building Code. The Committee also asked if the Building Code allows for Massage Partners to use the Permit Doctor's bathrooms via an agreement between the tenants. The space currently only allows for access afterhours to City Employees which was one of the Mayors concerns. Massage Envy has General Liability insurance that covers the entire building. Mayor Aide Gabrielle Redfern stated the mayor has 202 concerns regarding current construction on the upper floors and after hour access to those floors. Chairperson Deede Weithorn stated if the tenants are escorted, that makes us feel more comfortable to allow access to the bathrooms. Mr. Sklar added the nail services and use of the restroom on the 2nd floor do not require City Commission approval. However, if the FCWPC recommends charging additional rent for use of the restroom, City Commission approval would be required for the increased rent. Commissioner Michael Gongora made a motion to proffer in allowing the usage of the bathrooms as lang as the tenant escorts the customers to and from the bathroom after hours and an increase to $6.00 per square foot for Common Area Maintenance fees of the restroom. Commissioner Jorge Exposito seconded. NEW BUSINESS 5. Discussion regarding Red Light Cameras in Miami Beach in light of a new State Law that goes into effect on July 1, 2013 ACTION The Committee requested that the City Manager bring back additional information before a decision is made on addressing the red light cameras. Police Plans Policy Manager Michael Gruen presented this item. Police Plans Policy Manager Michael Gruen began by stating the program is trending. The number of notice of violations has decreased since the inception of the program, primarily due to the various changes in State law governing red light cameras. However, since the enactment of the new red light camera legislation in July 2013, which requires a complete stop before making a right turn, the number of right turn violations has increased dramatically. Although there are only twa {2) months of data available, the average number of violations issued per day in July and August has increased to 4.48 per camera per day from 1.42 in Fiscal Year 2011/2012 and 1.99 in Fiscal Year 2012/2013 (year to date).Since the inception of the City's red light camera photo enforcement program in April of 2010, where the program was enforced under a City Ordinance to where the program is now pursuant to State Statute, there have been several legal challenges that have led to twa (2) major changes to the program. These major changes have negatively impacted the City's ability to generate revenue. Pursuant to the City's Red Light Camera Ordinance, which was repealed on July 1, 2010, the City derived $125 far each notice of violation in addition to late fees. On July 1, 2010, the Florida Legislature enacted the Mark Wanda II Act, which essentially made red light camera infractions enforceable only under State law pursuant to FSS Chapter 316. As part of this change, Notice of Violation fines increased to $158 per violation, with the State receiving $83 and only $75 going to the municipalities. This change alone accounted for a significant decline in revenue. This provision, coupled with the change in criteria from a complete stop when making a right turn to "careful and prudent manner", now allowed a rolling 203 turn. This one change led to a significant decline in the number of Notice of Violations and subsequently, a decline in total revenue. However, with the latest change to the law requiring a complete stop before making a right turn on a red light, revenue has spiked significantly. As of July 2013, net revenue for the program since its inception is $192,231.87. Commissioner Michael Gongora inquired as to why the City of Miami Beach is not making as much revenue as other municipalities indicate they are. Mr. Gruen stated the selection of intersections that were chosen where limited to only City streets that might or might not have high traffic volume in that area. City Manager Jimmy Morales stated if they want to continue the program, he can bring back some suggestions that take a look at expanding the cameras, keeping them or removing them. Commissioner Gongora made a motion to accept the City Manager bringing back additional information before a decision is made on addressing the red light cameras. Commissioner Jorge Exposito seconded. 6. Discussion to immediately reinstate the Fee Waiver for Sidewalk Cafes in North Beach ACTION The Committee recommended reinstating the fee waiver for sidewalk cafes in North Beach. Public Works Director Eric Carpenter presented this item. Public Works Director Eric Carpenter began by stating 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. Commissioner Jorge Exposito made a motion to reinstate the fee waiver for sidewalk cafes in North Beach. Commissioner Michael Gongora seconded. 204 COMMISSION ITEM SUMMARY Condensed Title: I A Resolution authorizing the City Manager or his designee to apply for and accept four ( 4) grants. Key Intended Outcome Supported: 1) Enhance mobility throughout the City; 2) Maintain crime rates at or below national trend; 3) Enhance learning opportunities for youth; 4) Maximize efficient delivery of service and increase community satisfaction with city government. Supporting Data: 1) 63.7% of respondents stated that here were "too few'' bike paths/lanes; 2) N/A; 3) The Education Compact signed in 2008 includes the outcome 'increased health and well-being of students'. 89% of residents rated Miami Beach excellent or good as a place to live. 67%) of residents gave the City an excellent or good rating for meeting their expectations regarding City services. Approximately 20,557 youth participated in various City programs in 2012 and 68% of children had measurable improvement in reading/math in public schools in 2012; and, 4) 83% of residents rated hurricane preparedness as positive. Item Summary/Recommendation: The Administration requests approval to authorize the City Manager or his designee to submit grant applications to: 1) Florida Department of Environmental Protection, Recreational Trails Program for funding in the amount of $75,000 for Middle Beach Recreational Corridor Project (Phase II); and, 2) The Department of Homeland Security, Federal Emergency Management Agency (FEMA) for Urban Area Security Initiative (UASI) funding in the approximate amount of $100,000 for the City's Emergency Needs; 3) The National League of Cities, Institute for Youth, Education, and Families, for the Cities Expanding Health Access for Children and Families (CEHACF) planning grant in the amount of $30,000 for funding for the planning process and development of a business plan to expand health access for children and families and, further, to retroactively approve an application to: 4) The Rockefeller Foundation for the 100 Resilient Cities Centennial Challenge Program, for technical and financial resources to create and execute resilience strategies on a citywide scale; appropriating the above grants, matching funds, and city expenses, if approved and accepted by the City and authorizing the execution of all necessary documents related to the aforestated applications, including, without limitation, audits, and authorizing the City Manager or his designee to take all necessary actions related to these grants. Financial Information: Source of # Grant Name/Project Approx. Approximate Match Funds Grant Amount Amount/Source ~ 1 Recreational Trails $75,000 $75,000/MDC CDT lnterlocal Program/Middle Beach -CDT Resort Tax funds ' Recreational Corridor 2 UASI/Citywide Projects $100,000 N/A 3 National League of $30,000 N/A Cities/Cities Expanding Health Access 4 The Rockefeller Level of Financial N/A-No matching funds are Foundation/Citywide support will be required. Resiliency Strategies determined individually for each city. Financial Impact Summary: N/A C1t Clerk's Off1ce Le 1Siat1ve Trackm : Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement Assistant City Manager MIAMI BEACH 206 AGENDA ITEM c 7 A DATE /0.-/6-13 C9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 3 3139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Memb rs of the Ci FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYOR A CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. APPRO lNG AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1) SUBMIT AN APPLICATION TO THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, RECREATIONAL TRAILS PROGRAM, FOR FUNDING IN THE AMOUNT OF $75,000 FOR THE MIDDLE BEACH RECREATIONAL CORRIDOR PROJECT (PHASE II); 2) SUBMIT AN APPLICATION TO THE US DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA} FOR FISCAL YEAR {FY) 2013/14 URBAN AREA SECURITY INITIATIVE (UASI) FUNDING IN THE APPROXIMATE AMOUNT OF $100,000 FOR CITYWIDE EMERGENCY PREPAREDNESS; 3) SUBMIT A RESPONSE TO THE REQUEST FOR PROPOSALS FROM THE NATIONAL LEAGUE OF CITIES, INSTITUTE FOR YOUTH, EDUCATION, AND FAMILIES, FOR THE CITIES EXPANDING HEALTH ACCESS FOR CHILDREN AND FAMILIES (CEHACF) PLANNING GRANT IN THE AMOUNT OF $30,000 FOR FUNDING FOR THE PLANNING PROCESS AND DEVELOPMENT OF A BUSINESS PLAN TO EXPAND HEALTH ACCESS FOR CHILDREN AND FAMILIES; AND, FURTHER, RETROACTIVELY APPROVING THE FOLLOWING: 4) SUBMITTAL OF AN APPLICATION TO THE ROCKEFELLER FOUNDATION FOR THE 100 RESILIENT CITIES CENTENNIAL CHALLENGE PROGRAM, FOR TECHNICAL AND FINANCIAL RESOURCES TO CREATE AND EXECUTE RESILIENCE STRATEGIES ON A CITYWIDE SCALE; APPROPRIATING THE ABOVE GRANTS, MATCHING FUNDS, AND CITY EXPENSES, IF APPROVED AND ACCEPTED BY THE CITY AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THE AFORESTATED APPLICATIONS, INCLUDING, WITHOUT LIMITATION, AUDITS, 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, Recreational Trails Program for funding in the amount of $75,000 for Middle Beach Recreational Corridor (Phase II) 207 Commission Memorandum Page 2 The Recreational Trails Program (RTP) is a federally funded competitive grant program that provides financial assistance to agencies of city, county, state or federal governments, and organizations, approved by the State for projects that provide, renovate or maintain recreational trails, trailhead and trailside facilities. Florida's Department of Environmental Protection, Office of Greenways and Trails administers the program in coordination with the U.S. Department of Transportation, Federal Highway Administration. The Administration intends to apply for construction funding for the Middle Beach Recreational Corridor Phase II, which is from 46th to 641h Street, in the amount of $75,000. The grant requires matching funds; matching funds in the amount of $75,000 are available from MDC COT lnterlocal /COT Resort Tax funds previously appropriated to this project. The key intended outcome for this project is to enhance mobility throughout the City. 2. Approval to submit a grant application to the Urban Areas Security Initiative (UASI} program in the approximate amount of $100,000 for Fiscal Year (FY) 2013/2014 funding. The Urban Area Security Initiative (UASI) is funded through the U.S. Department of Homeland Security (DHS), under the Homeland Security Grant Program. One of its core missions is to enhance the ability of state and local government to prevent, protect against, respond to and recover from terrorist attacks and other disasters. The federal government allocates funding to the different Urban Area groups based on a risk-based methodology. The program focuses on planning, equipment, training and exercise needs of high threat, high density urban areas. The City of Miami Beach receives UASI funding as part of the allocation for the Miami Urban Area. The City will be utilizing grant funds to further homeland security needs citywide. The Administration intends to submit an application for FY 2013/14 UASI funding in the approximate amount of $100,000, and no matching funds are required. This project supports the key intended outcome to maintain crime rates at or below national trends. 3. Approval to submit a response to the Request for Proposals from the National League of Cities, Institute for Youth, Education, and Families, for the Cities Expanding Health Access for Children and Families (CEHACF) Planning Grant In the amount of $30,000 for funding for the Planning Process and Development of a Business Plan to Expand Health Access for Children and Families In January 2013, with support from The Atlantic Philanthropies, the National League of Cites (NLC) through its Institute for Youth, Education and Families launched the Cities Expanding Health Access For Children And Families Initiative (CEHACF), a three-year, three-phased project to maximize children's and families' participation in Medicaid and Children's Health Insurance Program (CHIP). The CEHACF initiative involves three phases: Phase 1: Leadership Academy, Phase II: Planning Process and Development of Business Plan and Phase Ill: Implementation. This grant is part of Phase II of the CEHACF initiative; and the goal of the grant is to help municipal leaders develop broad-based, comprehensive local business plans to implement health benefit outreach campaigns aimed at cutting by 50 percent the number of uninsured children and families in the city by enrolling them into Medicaid or CHIP. An additional key goal of this national initiative is to strengthen the capacity of city officials to serve as champions, educators, and advocates for health insurance coverage. 208 Commission Memorandum Page3 The City plans to apply for funding in an amount up to $30,000 for funding and technical assistance to develop comprehensive business plans to implement health benefit outreach campaigns. This grant supports the key intended outcome to enhance learning opportunities for youth and does not require matching funds. 4. Retroactive approval to submit a grant application to the Rockefeller Foundation for the 1 00 Resilient Cities Centennial Challenge Program for technical and financial resources to create and execute resilience strategies on a citywide scale. The Rockefeller Foundation's mission since 1913 has been to promote the well-being of humanity throughout the world. The Foundation has focused on two over-arching goals: to achieve more equitable growth by expanding opportunity worldwide, and to build resilience by helping people, communities and institutions prepare for, withstand, and emerge stronger from acute shocks and stresses of our rapidly-changing, complex, and dynamic world. The objective of the 100 Resilient Cities Centennial Challenge is to influence the global discussion of resilience and surface new ideas and innovations on resilience that benefit the residents of cities, particularly poor and vulnerable residents who are often disproportionately impacted by shocks; and foster local discussions, planning and collaboration that leads to resilience-building action in at least 100 cities globally. The Rockefeller Foundation defines "resilience" as the ability of a system, entity, community, or person to withstand shocks while still maintaining its essential functions and to recover quickly and effectively. To enable cities to better absorb the shocks of our world, and quickly spring back, The Rockefeller Foundation is making a commitment to building urban resilience in cities around the world. Through the 100 Resilient Cities Centennial Challenge, 100 cities from across the globe will be selected to receive technical support and resources for developing and implementing plans that will build greater urban resilience. Selected cities will be announced in three rounds over the next three years, with the final round of selected cities announced in 2015. Each selected city will receive: 1) Membership in the 100 Resilient Cities Network, which will provide support to member cities and share new knowledge and resilience best practices; 2) Support to hire or fund a Chief Resilience Officer (CRO) to oversee the development of a resilience strategy for the city and be part of a learning network of other CROs; and, 3) Support to create a resilience plan, along with tools and resources for implementation. The actual level of financial support will be determined individually for each city and matching funds are not required. The Southeast Florida Regional Climate Change Compact (Compact) was signed by Broward, Miami-Dade, Palm Beach, and Monroe counties in 2009 to coordinate mitigation and adaptation activities across county lines. The Compact represents a new form of regional climate governance designed to allow local governments to set the agenda for adaptation while providing an efficient means for state and federal agencies to engage with technical assistance and support. The City Administration intends to apply to the 100 Resilient Cities Centennial Challenge and the Southeast Florida Regional Climate Change Leadership has agreed to support the City's application. This project supports the key intended outcome to maximize efficient delivery of service and increase community satisfaction with city government. Matching funds are not required for this award. 209 Commission Memorandum Page4 CONCLUSION The Administration requests approval to authorize the City Manager or his designee to take the following actions: 1) Submit a grant application to Florida Department of Environmental Protection, Recreational Trails Program for funding in the amount of $75,000 for Middle Beach Recreational Corridor Project (Phase II); 2) Submit a grant application to the US Department of Homeland Security, Federal Emergency Management Agency (FEMA) for Fiscal Year (FY) 2013/14 Urban Area Security Initiative (UASI) funding in the approximate amount of $100,000 for the citywide emergency preparedness needs; 3) Submit a response to the Request for Proposals from the National League of Cities, Institute for Youth, Education, and Families, for the Cities Expanding Health Access for Children and Families (CEHACF) Planning Grant In the amount of $30,000 for funding for the Planning Process and Development of a Business Plan to Expand Health Access for Children and Families and, further, retroactively approving the following: 4) Submittal of an application to The Rockefeller Foundation for the 100 Resilient Cities Centennial Challenge Program, for technical and financial resources to create and execute resilience strategies on a citywide scale; appropriating the above grants, matching funds, and city expenses, if approved and accepted by the City and authorizing the execution of all necessary documents related to the aforestated applications, including, without limitation, audits, and authorizing the City Manager or his designee to take all necessary actions related to these grants. JLM/JW/JMH T:\AGENDA\2013\0ctober 16\Grants Memo 0930.doc 210 --------------- RESOLUTION NO. _____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1) SUBMIT AN APPLICATION TO THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, RECREATIONAL TRAILS PROGRAM FOR FUNDING IN THE AMOUNT OF $75,000 FOR THE MIDDLE BEACH RECREATIONAL CORRIDOR PROJECT (PHASE II); 2) SUBMIT AN APPLICATION TO THE US DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR FISCAL YEAR (FY) 2013/14 URBAN AREA SECURITY INITIATIVE (UASI) FUNDING IN THE APPROXIMATE AMOUNT OF $100,000 FOR CITYWIDE EMERGENCY PREPAREDNESS; 3) SUBMIT A RESPONSE TO THE REQUEST FOR PROPOSALS FROM THE NATIONAL LEAGUE OF CITIES, INSTITUTE FOR YOUTH, EDUCATION, AND FAMILIES, FOR THE CITIES EXPANDING HEALTH ACCESS FOR CHILDREN AND FAMILIES (CEHACF) PLANNING GRANT IN THE AMOUNT OF $30,000 FOR FUNDING FOR THE PLANNING PROCESS AND DEVELOPMENT OF A BUSINESS PLAN TO EXPAND HEALTH ACCESS FOR CHILDREN AND FAMILIES; AND, FURTHER, RETROACTIVELY APPROVING THE FOLLOWING: 4) SUBMITTAL OF AN APPLICATION TO THE ROCKEFELLER FOUNDATION FOR THE 100 RESILIENT CITIES CENTENNIAL CHALLENGE PROGRAM, FOR TECHNICAL AND FINANCIAL RESOURCES TO CREATE AND EXECUTE RESILIENCE STRATEGIES ON A CITYWIDE SCALE; APPROPRIATING THE ABOVE GRANTS, MATCHING FUNDS, AND CITY EXPENSES, IF APPROVED AND ACCEPTED BY THE CITY AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THE AFORESTATED APPLICATIONS, INCLUDING, WITHOUT LIMITATION, AUDITS, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL NECESSARY ACTIONS RELATED TO THESE GRANTS WHEREAS, the Recreational Trails Program is a federally funded competitive grant program that provides financial assistance to agencies of city, county, state or federal governments, and organizations, approved by the State for projects that provide, renovate or maintain recreational trails, trailhead and trailside facilities; and WHEREAS, Florida Department of Environmental Protection, Office of Greenways and Trails administers the program in coordination with the U.S. Department of Transportation, Federal Highway Administration; and 211 WHEREAS, the Administration intends to apply for funding for the Middle Beach Recreational Corridor Phase II, which is from 46th to 64th Street in the amount of $75,000; and WHEREAS, the grant requires matching funds in the amount of $75,000 and matching funds in the amount of $75,000 are available from MDC COT lnterlocai/CDT Resort Tax funds previously appropriated to this project; and WHEREAS, the key intended outcome for this project is to enhance mobility throughout the City; and WHEREAS, therefore, the Administration requests approval to submit a grant application to the Florida Department of Environmental Protection, Recreational Trails Program for funding in the approximate amount of $75,000 for Middle Beach Recreational Corridor; and WHEREAS, the Urban Area Security Initiative (UASI) is funded through the U.S. Department of Homeland Security (DHS), under the Homeland Security Grant Program and one of its core missions is to enhance the ability of state and local government to prevent, protect against, respond to and recover from terrorist attacks and other disasters; and WHEREAS, the federal government allocates funding to the different Urban Area groups based on a risk-based methodology; and WHEREAS, the program focuses on planning, equipment, training and exercise needs of high threat, high density urban areas; and WHEREAS, the City of Miami Beach receives UASI funding as part of the allocation for the Miami Urban Area, and the City will be utilizing grant funds to further homeland security needs citywide; and WHEREAS, the Administration intends to submit an application for UASI funding the approximate amount of $100,000; and WHEREAS, no matching funds are required for this project; and WHEREAS, this project supports the key intended outcome to maintain crime rates at or below national trends; and WHEREAS, in January 2013, with support from The Atlantic Philanthropies, the National League of Cites (NLC) through its Institute for Youth, Education and Families launched the Cities Expanding Health Access For Children And Families Initiative (CEHACF), a three-year, three-phased project to maximize children's and familles' participation in Medicaid and Children's Health Insurance Program (CHIP); and WHEREAS, the CEHACF initiative involves three phases: Phase 1: Leadership Academy, Phase II: Planning Process and Development of Business Plan and Phase Ill: Implementation and this grant is part of Phase II of the CEHACF initiative; and 212 WHEREAS, the goal of the grant is to help municipal leaders develop broad- based, comprehensive local business plans to implement health benefit outreach campaigns aimed at cutting by 50 percent the number of uninsured children and families in the city by enrolling them into Medicaid or CHIP, and, an additional key goal of this national initiative is to strengthen the capacity of city officials to serve as champions, educators, and advocates for health insurance coverage; and WHEREAS, the City plans to apply for funding in an amount up to $30,000 for funding and technical assistance to develop comprehensive business plans to implement health benefit outreach campaigns and this grant supports the key intended outcome to enhance learning opportunities for youth and does not require matching funds; and WHEREAS, the mission of The Rockefeller Foundation since 1913 has been to promote the well-being of humanity throughout the world, with a focus on two over- arching goals: to achieve more equitable growth by expanding opportunity worldwide, and to build resilience by helping people, communities and institutions prepare for, withstand, and emerge stronger from acute shocks and stresses of our rapidly-changing, complex, and dynamic world; and WHEREAS, to enable 100 cities to better address major 21st Century challenges, The Rockefeller Foundation is inviting cities from around the world to apply for the 1 00 Resilient Cities Centennial Challenge (the "Challenge"), selected cities will be announced in three rounds over the next three years, with the final round of selected cities announced in 2015; and WHEREAS, the objective of the 100 Resilient Cities Centennial Challenge is to influence the global discussion of resilience and surface new ideas and innovations on resilience that benefit the residents of cities, particularly poor and vulnerable residents who are often disproportionately impacted by shocks; and to foster local discussions, planning and collaboration that leads to resilience-building action in at least 100 cities globally; and WHEREAS, to enable cities to better absorb the shocks of our world, and quickly spring back after a blow, The Rockefeller Foundation is making a commitment to building urban resilience in cities around the world. Through the 100 Resilient Cities Centennial Challenge, 100 cities from across the globe will be selected to receive technical support and resources for developing and implementing plans that will build greater urban resilience; and WHEREAS, the City Administration intends to apply to the 100 Resilient Cities Centennial Challenge, and, each selected city will receive: 1) Membership in the 100 Resilient Cities Network, which will provide support to member cities and share new knowledge and resilience best practices; 2) Support to hire or fund a Chief Resilience Officer (CRO) to oversee the development of a resilience strategy for the city and be part of a learning network of other CROs; and, 3) Support to create a resilience plan, along with tools and resources for implementation; and WHEREAS, the actual level of financial support will be determined individually for each city, and matching funds are not required; and 213 WHEREAS, the Southeast Florida Regional Climate Change Compact (Compact) was signed by Broward, Miami-Dade, Palm Beach, and Monroe counties in 2009 to coordinate mitigation and adaptation activities across county lines, the Compact represents a new form of regional climate governance designed to allow local governments to set the agenda for adaptation while providing an efficient means for state and federal agencies to engage with technical assistance and support; and WHEREAS, and the Southeast Florida Regional Climate Change Leadership has agreed to support the City's application; and WHEREAS, this project supports the key intended outcome to maximize efficient delivery of service and increase community satisfaction with city 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 an application to the Florida Department of Environmental Protection, Recreational Trails Program for funding in the amount of $75,000 for Middle Beach Recreational Corridor Project {Phase II); 2) Submit an application to the US Department of Homeland Security, Federal Emergency Management Agency (FEMA) for Fiscal Year (FY) 2013/14 Urban Area Security Initiative (UASI) funding in the approximate amount of $100,000 for Citywide Emergency Preparedness; 3) Submit a response to the Request for Proposals from the National League of Cities, Institute for Youth, Education, and Families, for the Cities Expanding Health Access for Children and Families (CEHACF) Planning Grant In the amount of $30,000 for funding for the Planning Process and Development of a Business Plan to Expand Health Access for Children and Families and, further, retroactively approving the following: 4) Submittal of an application to the Rockefeller Foundation for the 100 Resilient Cities Centennial Challenge Program, for technical and financial resources to create and execute resilience strategies on a citywide scale; appropriating the above grants, matching funds, and city expenses, if approved and accepted by the City and authorizing the execution of all necessary documents related to the aforestated applications, including, without limitation, audits, and authorizing the City Manager or his designee to take all necessary actions related to these grants. PASSED and ADOPTED this ___ day of October, 2013. ATTEST: MAYOR MATTI HERRERA BOWER RAFAEL E. GRANADO, CITY CLERK JLM/JW/JMH T:\AGENDA\2013\0ctober 16\Grantsreso0930.docx 214 APPROVED AS TO FORM & LANGUAGE ./ & FORE CUTION I THIS PAGE INTENTIONALLY LEFT BLANK 215 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The Neighborhoods And Cultural Affairs Committee Adopting Background Check Requirements And Other Security Measures For EmQioyees Of City Contractors. Issue: I Shall the Commission Adopt the Resolution? Item Summary/Recommendation: At its April 29, 2013, meeting, the Neighborhood and Community Affairs Committee (the Committee) discussed the City's requirements for background checks conducted on employees of City contractors Specific discussions were had on construction contracts and those contracts for which contractor employees are within close proximity to children. After discussion, the Committee approved the City Manager's recommendation that staff return with recommendations for addressing the need to conduct background checks on the referenced service contracts. At the September 30, 2013 Committee meeting, staff presented recommendations (attached) regarding the requirement to conduct background checks on employees of City contractors for the services referenced above. The Committee discussed the staff recommendations and, after discussion, agreed to submit the following recommendations for consideration by the Mayor and City Commission: 1. Service Contracts with Potential for Close Proximity to Children or Other Sensitive Areas of Coverage. It is recommended that these contracts require that contractor employees: • complete an Florida Department of Law Enforcement (FDLE) Level II background check; and • carry a City-issued identification badge at all times while on City premises. 2. Construction Contracts. It is recommended that contractors be required to: • maintain a dally record of all contractor and sub-contractor employees accessing a project site; • file, with the corresponding City staff project administrator, copies of the daily record of personnel accessing the site on a monthly basis, along with each payment application; and • identify vehicle(s) stationed on project site with City approved dashboard signage. RECOMMENDATION The Administration recommends that the Mayor and City Commission accept the recommendation of the Neighborhoods And Cultural Affairs Committee and adopt the Resolution, approving the implementation of the aforementioned background check requirements for employees of City contractors and other security measures. Advisory Board Recommendation: At its September 30, 2013 meeting, the Neighborhood and Community Affairs Committee recommended the implementation of background check requirements for employees of certain City contractors and other security measures to the Mayor and City Commission. Financial Information: Source of Amount Funds: 1 I I 2 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin irector KGB er 16\Procurement\Background Checks R/ MIAMI BEACH 216 Account ger AGENDA ITEM _...:...C--'-7-:""-:B:::...___ DATE /o-/6-/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD /COMMUNITY AFFAIRS COMMITTEE ADOPTING BACKGROUND CHECK REQUIREMENTS AND OTHER SECURITY MEASURES FOR EMPLOYEES OF CITY CONTRACTORS. ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOME SUPPORTED Maintain crime rates at or below national trends. BACKGROUND At its April 29, 2013, meeting, the Neighborhood and Community Affairs Committee (the Committee) discussed the City's requirements for background checks conducted on employees of City contractors. Specific discussions were had on construction contracts and contracts for services with close proximity to children. After discussion, the Committee approved the City Manager's recommendation that staff return with recommendations for requiring background checks on employees of City contractors. At the September 30, 2013 Committee meeting, staff presented recommendations (attached) regarding the requirement to conduct background checks on employees of City contractors for the services referenced above. The Committee discussed the staff recommendations and, after discussion, agreed to submit the following recommendations for consideration by the Mayor and City Commission: 1. Service Contracts with Potential for Close Proximity to Children or Other Sensitive Areas of Coverage. It is recommended that these contracts require that contractor employees: • complete an Florida Department of Law Enforcement (FDLE) Level II background check; and • carry a City-issued identification badge at all times while on City premises. 2. Construction Contracts. It is recommended that contractors be required to: • maintain a daily record of all contractor and sub-contractor employees accessing a project site; • file, with the corresponding City staff project administrator, copies of the daily record of personnel accessing the site on a monthly basis, along with each payment application; and • identify vehicle(s) stationed on project site with City approved dashboard signage. 217 CONCLUSION The Administration recommends that the Mayor and City Commission accept the recommendation of the Neighborhoods and Cultural Affairs Committee and adopt the Resolution, approving the implementation of the aforementioned background check requir~nts for employees of City contractors and other security measures. JLM:KGJ6:AD T:IAGENDA\2013\0ctober 16\Procurement\Criminal Background Checksl-MEMO.doc 218 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOODS AND COMMUNITY AFFAIRS COMMITTEE ADOPTING BACKGROUND CHECK REQUIREMENTS AND OTHER SECURITY MEASURES FOR EMPLOYEES OF CITY CONTRACTORS. WHEREAS, at its April 29, 2013, meeting, the Neighborhood and Community Affairs Committee (the Committee) discussed the City's requirements for background checks conducted on employees of City contractors; and WHEREAS, after ·discussion, the Committee approved the City Manager's recommendation that staff return with recommendations for requiring background checks on employees of City contractors; and WHEREAS, at the September 30, 2013 Committee meeting, staff presented recommendations regarding the requirement to conduct background checks on employees of City contractors; and WHEREAS, the Committee discussed the staff recommendations and, after discussion, agreed to submit the following recommendation for consideration by the Mayor and City Commission: 1. Service Contracts with Potential for Close Proximity to Children or Other Sensitive Areas of Coverage. It is recommended that these contracts require that contractor employees: • complete an Florida Department of Law Enforcement (FDLE) Level II background check; and • carry a City-issued identification badge at all times while on City premises. 2. Construction Contracts. It is recommended that contractors be required to: • maintain a daily record of all contractor and sub-contractor employees accessing a project site; • file, with the corresponding City staff project administrator, copies of the daily record of personnel accessing the site on a monthly basis, along with each payment application; and • identify vehicle(s) stationed on project site with City approved dashboard signage. WHEREAS, the Neighborhood and Community Affairs Committee recommends that the Mayor and City Commission accept the recommendation of the Committee and adopt the Resolution, approving the implementation of the aforementioned. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the recommendation of the Neighborhood and Community Affairs Committee and adopt the Resolution, approving the implementation of the aforementioned background check requirements and other security measures for employees of City contractors, effective upon execution by the Mayor and City Clerk. 219 PASSED and ADOPTED this __ day of ____ , 2013. ATTEST: By: City Clerk Rafael Granado 220 Mayor Matti Herrera Bower APPROVED AS TO FORM & LANGUAGE & FO ECUTION ttor~lf._ Neighborhood/Community Affairs Committee Meeting September 30, 2013 A Discussion Regarding Criminal Background Checks For Employees Of City Contractors And Spot Check Updates For Those Background Checks Commission Item C40, February 6, 2013 Alex Denis, Procurement Director Supplemental ITEM #5 NCAC#14 221 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeach~.gov TO: FROM: Neighborhood/Community Affairs Jimmy L. Morales, City Manager DATE: September 30, 2013 COMMITTEE MEMORANDUM SUBJECT DISCUSSION REGARDING RIMINAL BACKGROUND CHECKS FOR EMPLOYEES OF CITY CONTR CTORS AND SPOT CHECK UPDATES FOR THOSE BACKGROUND CHECKS INTRODUCTION At its April 29, 2013, meeting, the Neighborhood and Community Affairs Committee (the Committee) discussed the City's requirements for background checks conducted on employees of City Contractors. Specific discussions were had on construction contracts, contracts for services with close proximity to children and on the requirements for contractor employee background checks adopted by Miami-Dade County. After discussion, the Committee approved the City Manager's recommendation that staff return with recommendations for requiring background checks on employees of City contractors. BACKGROUND Background Checks on Employees of City Construction Contractors. Staff discussed the issue of background checks with several governmental agencies, including Miami-Dade County, the City of Miami and the Miami-Dade County School Board. Miami-Dade County and the City of Miami do not conduct routine background checks on contractor employees, except for high security contained sites such as the airport and seaport with controlled access. The Miami-Dade County School Board does routinely require background checks on contractor employees; however, all their sites are site contained with controlled access. Staff was not able to identify any municipality that required background checks on contractor employees for sites that did not have controlled access points. Background Checks for Contractors Working on Sites with Close Proximity to Children. Florida Statute 1 012.467 requires background screening of individuals who provide contracted non-instructional services to Florida public schools or districts when students are present. The law requires that the background checks in these cases comply with Florida Department of Law Enforcement (FDLE), Level II Screenings, which include fingerprinting and background searches through local and national databases. Background screening requirements for employees of Miami-Dade County School Board contractor employees complies with the statutory requirement as does the policy of many non-school agencies with programs in which children participate. Background checks processing are handled on site by School Board personnel. Miami-Dade County Requirements for Contractor Employee Background Checks for Non-Construction Contracts. Miami-Dade County requirements for contractor employee background checks for non-construction contracts vary by site. For example, the requirement for contractor employees on arrport and seaport facilities differs from the requirements for correctional facilities, administrative offices, court houses, water and sewer facilities and parks and recreational centers. There is no standard of background checks across all county facilities or contracts. 222 Neighborhood/Community Affairs Committee September 30, 2013 Page 2 of3 In some cases, background checks are conducted by County personnel. In other cases, background checks are conducted by third-parties. For example, many of the background checks for access to the airport and seaport facilities are conducted by the Transportation Security Administration (TSA). City of Miami Beach Current Practices. The City has an intergovernmental agreement with the FDLE that gives the organization access to its Volunteer & Employee Criminal History System (VECHS). Through VECHS, FOLE and the Federal Bureau of Investigations {FBI) provide qualified organizations in Florida, state and national criminal history record information on appticants, employees and volunteers; level II screenings. Submissions are electronic and responses are usually received within 24 hours. Applicant and independent contractor submissions cost $45 each and those for volunteers are $33. This fee is not inclusive of the labor cost associated with taking the fingerprints, retrieving the information and doing whatever follow-up is necessary. On or about November 2012, the Human Resources Department started conducting fingerprint-based criminal background checks on all temporary staffing agency employees prior to them beginning their respective assignments with the City. Although the City's contracts with the different staffing agencies require each to conduct criminal background checks on their employees, the Administration decided that the only way to ensure they were to the City's standard was to conduct the checks in-house. The City also conducts criminal background checks on all volunteers, student interns and independent contractors, when requested. Independent contractor employees are also currently checked upon request. The information received from these background checks do not tell the entire story and when a report comes back with what is referred to as a "hir', additional work is required to protect the City from charges of illegal discrimination. Staff needs to research and reach out to other government agencies or to the individual for additional information. The fact of an arrest does not establish that criminal conduct has occurred, and an exclusion from employment based on an arrest, in itself, is not job related and consistent with business necessity. However, an employer may make an employment decision based on the conduct underlying an arrest if the conduct makes the individual unfit for the position. The line an organization must walk is fine as blanket policies against hiring people who have been arrested may have a disparate impact upon a protected group; incomplete and improper background checks have the potential to one day expose the City to a negligent hiring charge. RECOMM EN DA TfONS Based on the aforementioned, staff recommends the following regarding the requirement to conduct background checks on employees of City contractors. 1. Service Contracts with Potential for Close Proximity to Children or Other Sensitive Areas of Coverage. These contracts include services for janitorial, security guards, grounds maintenance, temporary personnel and, independent contractor agreements for coaching and recreational services. In these cases, it is recommended that FDLE Level II background checks be completed. In order to provide some safeguards assuring that the background check requirement has been met, it is also recommended that employees for these service contracts be required to carry City-issued badges at all times. Since the City's Human Resources Department would need to retain outsourced resources or additional staffing to absorb the impact of this new requirement, the cost for FDLE Level II background checks and City ro cards, expected to be between $75.00 and $100.00, would be 223 Neighborhood/Community Affairs Committee September 30, 2013 Page 3 of 3 checks and City 10 cards, expected to be between $75.00 and $100.00, would be transferred to the applicable contractor. Between now and the meeting, staff will conduct research and get a better indication of what is most commonly charged in the community. 2. Construction Contracts. Because it is not possible on most City projects to control access to construction sites, thereby limiting compliance, it is not recommended that the City implement a general background check requirement for these service contracts. Depending on the project, a case-by-case determination can be made for requiring background checks for employees working on sensitive access controlled sites, such as public safety site or sites under construction while children are present. In developing this recommendation, staff considered recommending that the City require contractors to conduct background checks on employees and, in the event of a crime committed by a contractor employee, indemnify and hold the City harmless for the actions of its employees. However, because of the high degree of subcontracting and employee turnover on these projects, such a mandate would impose possible liability concerns for contractors which may restrict the number of contractors willing to compete for City contracts. Notwithstanding the above, staff believes there may be value in requiring City contractors to maintain a daily record of all contractor and sub-contractor employees accessing a project site. The daily record of personnel would be required to be submitted to the City monthly along with each payment application. In the event of any criminal activity in the vicinity of a project site, the daily record of personnel accessing the site may facilitate investigations by the Police Department, as well as act as a deterrent to criminal activity. CONCLUSION The Administration recommends that the Committee approve the aforementioned background check requirements. As of this writing, the Human Resources Department cannot accurately determine whether it has the capacity to absorb the increased activity. As a point of information, in August 2013, the department spent $4,033 in pre-employment criminal background checks, more than double the amount spent in July; $1 ,818. Therefore, the $100.00 charge per person to the contractors is designed to offset additional staffing expenses the department may incur. If after several months of performing the work in- house, the Human Resources Department determines the City is better served by contracting out the work, the Committee is encouraged to recommend to the Mayor and City Commission to approve the issuance of a solicitation for background screening services for the employees of City contractors. JLM/KGB/AD/CD 224 THIS PAGE INTENTIONALLY LEFT BLANK 225 COMMISSION ITEM SUMMARY A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Increasing the Annually Estimated Contract Amount er Contract, Pursuant to Resolution 2009-27254, from $300,000 to $650,000. Ke Intended Outcome Su orted: At its December 9, 2009, meeting, the City Commission accepted the City Manager's recommendation pertaining to the ranking of proposals pursuant to Request far Proposals (RFP) No. 47-08/09 for building inspection, plans review services in various disciplines, and permit clerks, on an "as-needed" and "on-going" basis, for the City's Building Department. Consequently, Resolution 2009-27254 was passed and adopted authorizing the Administration to enter into negotiations with the top-ranked proposers: M.T. Causley, Inc., Nova Engineering and Environmental, CAP Government Inc., and Vertical Assessment Associates, LLC.; and further Authorizing the Mayor and City Clerk to execute agreements upon conclusion of successful negotiation by the Administration, in the annually estimated amount of $300,000, which was sufficient for Fiscal Years 2010,2011 and 2012. For Fiscal Year 2013, the City Commission approved an enhancement to the Building Department's budget for Professional Services (contract inspectors and plan reviewers) in the amount of $596,000. However, the expenditure authority for the contract from which these services are derived was not extended concurrent with the additional budget. The justification for this enhancement was the significant increase in construction activity in the City of Miami Beach, along with the need for the Building Department to increase and improve the level of service it was delivering to its customers. These services are utilized as a means to address staffing needs in these areas, and to reduce backlogs and long wait times for customers for inspections and plan reviews. The use of these professional contract employees has long been the preferred method of meeting critical staffing needs, while also creating flexibility to adjust staffing levels in the future given the cyclical nature of the construction industry. Full utilization of these employees enables the Department to better address our customers' needs in a timely fashion, and any sudden reduction will negatively impact service levels. The purpose of this item is to expand the annual estimated amount of these contracts to accommodate for the Fiscal Year 2013 and 2014 expenditures, which are expected to be approximately $650,000. RECOMMENDATION ADOPTTHERESOLUTION Advisory Board Recommendation: Financial Information: Source of Amount & 1 $650,000 2 I Total $650,000 Financial Impact Summary: Cit Clerk's Office Le islative Trackin MIAMI BEACH Account 011-1510-000312 Professional Services 226 AGENDA ITEM ___,~=--.-7:-C--:-;;.-_ DATE /0"/6··/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 DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, INCREASING THE ANNUALLY ESTIMATED CONTRACT AMOUNT PER CONTRACT, PURSUANT TO RESOLUTION 2009- 27254, FROM $300,000 TO $650,000. ADMINISTRATION RECOMMENDATION Adopt the resolution. FUNDING 011-1510-000312 Professional Services $650,000 BACKGROUND At its December 9, 2009, meeting, the City Commission accepted the City Manager's recommendation pertaining to the ranking of proposals pursuant to Request for Proposals (RFP) No. 4 7-08/09 for building inspection, plans review services in various disciplines, and permit clerks, on an "as-needed" and "on-going" basis, for the City's Building Department. Consequently, Resolution 2009-27254 was passed and adopted authorizing the Administration to enter into negotiations with the top-ranked proposers: M.T. Causley, Inc., Nova Engineering and Environmental, CAP Government Inc., and Vertical Assessment Associates, LLC.; and further Authorizing the Mayor and City Clerk to execute agreements upon conclusion of successful negotiation by the Administration, in the annually estimated amount of $300,000. For Fiscal Year 2013, the City Commission approved an enhancement to the Building Department's budget for Professional Services (contract inspectors and plan reviewers) in the amount of $596,000. However, the expenditure authority for the contract from which these services are derived was inadvertently not extended concurrent with the additional budget. The justification for this enhancement was the significant increase in construction activity in the City of Miami Beach, along with the need for the Building Department to increase and improve the level of service it was delivering to its customers. These services are utilized as a means to address staffing needs in these areas, and to reduce backlogs and long wait times for customers for inspections and plan reviews. The use of these professional contract employees has long been the preferred method of meeting critical staffing needs, while also creating flexibility to adjust staffing levels in the future given the cyclical nature of the construction industry. Full utilization of these employees enables the Department to better address our customers' needs in a timely fashion, and any sudden reduction will negatively impact service levels. 227 Commission Memorandum -Building Inspections Purchase Authority Increase October 16, 2013 Page 2 of 2 As a result, Purchase Order 020809 was created and approved by the Department of Procurement Management on December 21, 2012, in the amount of $596,000. The Building Department has also created Requisitions 26876 and 26912 in the amounts of$30,000 and $20,000 respectively; however, the Department of Procurement Management has returned both requisitions given that the current purchase authority is insufficient for the requisitions to be approved. This reflects that the increased construction activity and increased service level demands did in fact enable the City to utilize these contracted services to address the needs of its customers. The Building Department has primarily used the services of MT Causley, Inc. (MTC} to provide these contract employees to the Department. Although there are other companies approved to provide these services, this has developed over time, as MTC has consistently been able to deliver qualified professionals to the Department, while the other companies have not had the right disciplines available when asked. The Department is currently in discussions with these other companies to determine how they can better meet our needs in the coming year. Specifically, conversations have been ongoing with CAP Engineering about the possibility of providing much needed assistance in Mechanical and Structural plan reviews, which is where the Building Department's greatest needs lie. The Contract for these professional services expires in December 2014. The City intends to issue a solicitation next year in anticipation of the contract expiring. As part of the solicitations, responders will be required to meet minimum staffing availability standards, which should address any issues relating to the distribution of work. The purpose of this item is to expand the annual estimated amount of these contracts to accommodate for the Fiscal Year 2013 and 2014 expenditures. CITY MANAGER'S RECOMMENDATION After considering the review and recommendation of City staff, the City Manager exercised his due diligence and recommends to the Mayor and City Commission to adopt a resolution increasing the annually estimated contract amount per contract, pursuant to Resolution 2009-27254, from $300,000 to $650,000. CONCLUSION The Administration recommends that the Mayor and Commission adopt a resolution increasing the annually estimated contract amount per contract, pursuant to Resolution 2009-2725~m $300,000 to $650,000. JLM/KGB/MF T:\AGENDA\2013\0ctober 16\Procurement\Building Inspection Purchase Authority Increase-MEMO.docx 228 RESOLUTION TO BE SUBMITTED 229 -----------·-----~--~--- COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 3 To The Professional Services Agreement With Stantec Consulting Services, Inc. For Additional Architectural Engineering Services, For The Flamingo Park Football Field And Track Renovation Project; In The Negotiated Amount Of $46, 138; With Previously Appropriated Funding In The Amount Of $46,138 From Fund 301, Quality Of Life Fund. Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects, Ensure Well Maintained Facilities, Ensure Safety and Appearance of Buildinq Structures and Sites. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that over 87% and 83% of City residents and businesses respectively, rated the appearance and maintenance of public buildings as excellent or good; and over 81% of residents rated recently completed capital improvement projects as excellent or good. Item Summary/Recommendation: On April19, 2011, pursuant to issuance of Procurement Department memorandum approving the use of the Miami Dade County School Board continuing contract, for Architectural and Engineering services, the City entered into an agreement for Professional Services with Corzo Castella Carballo Thompson Salman, P.A. (CONSULTANT), currently assigned to Stantec Consulting Services Inc. (Stantec) by Commission action, to provide design of the Flamingo Park Football Field and Track Renovation Project (PROJECT). The Agreement provides for the design, bid, award and construction administration services for the Project. Stantec shall perform the duties and responsibilities as the ArchitecU Engineer of Record for the Project during the provision of services to re-design, issue clarifications, provide inspections, review proposals, provide construction administration, provide additional site visits and close-out services for structural changes to the foundations for the ADA seating concrete slab, ramp structure and bathroom slabs to address unforeseen conditions. Owner requested changes to the scope of work include, an eight (8) lane track in lieu of the six (6) lane track, fence modifications, drainage improvements and drainage wells, which requires re- design. In addition, Stantec will revise the contract documents to include additional clarifications and additional scope of work required during the perm it process for compliance with ADA requirements. Stantec will provide additional construction administration and project closeout services related to the additional scope. The negotiated price of $46,138 submitted by Stantec for the above services, included in this Amendment has been reviewed by City staff and found to be fair and reasonable. The original contract amount for the Professional Services was $114,669.95. Amendment No. 1 in the amount of $13,701, Amendment No.2 in the amount of $11,125, and this Amendment No.3 in the amount of $46,138 will bring the total contract amount to $185,633.95. The Administration recommends approval of the resolution. Advisory Board Recommendation: Financial Amount Information: 1 $46,138 Fund~ 2 ~ I OBPI Total $46,138 Financial Impact Summary: Cit Clerk's Office Le islative Trackin David Martinez, Ext. 6972 Si n-Offs: \Septemhm 11\Fiarn n Arncndtlletlt 3-SUMVAR .doc MIAMI BEACH Account 301-2320-061357 JLM Football Fielrl\Fiarningo i"ark F'ootba I Field 230 AGENDA ITEM _C.~1"':"'-D--::_ DATE {0-/6 ~13 C9 MIAMI BEACH City of Miomi Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me ity Commission FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO.3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ST ANTEC CONSULTING SERVICES, INC. FOR ADDITIONAL ARCHITECTURAL ENGINEERING SERVICES, FOR THE FLAMINGO PARK FOOTBALL FIELD AND TRACK RENOVATION PROJECT; IN THE NEGOTIATED AMOUNT OF $46,138; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $46,138 FROM FUND 301, QUALITY OF LIFE FUND. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding in the amount of $46,138 has been previously appropriated from Fund 301, Quality of Life Fund. BACKGROUND On April 19, 2011, pursuant to issuance of Procurement Department memorandum approving the use of the Miami Dade County School Board continuing contract, for Architectural and Engineering services, the City entered into an agreement for Professional Services with Corzo Castella Carballo Thompson Salman, P.A. (CONSULTANT), currently assigned to Stantec Consulting Services Inc. (Stantec) by Commission action, to provide design of the Flamingo Park Football Field and Track Renovation Project (PROJECT). The Agreement provides for the design, bid, award and construction administration services for the Project ANALYSIS Stantec shall perform the duties and responsibilities as the Architect' Engineer of Record for the Project during the provision of services to re-design, issue clarifications, provide inspections, review proposals, provide construction administration, provide additional site visits and close-out services for structural changes to the foundations for the ADA seating concrete slab, ramp structure and bathroom slabs to address unforeseen conditions. Owner requested changes to the scope of work include, an eight (8) lane track in lieu of the six (6) lane track, fence modifications, drainage improvements and drainage wells, which requires re-design. In addition, Stantec will revise the contract documents to include additional clarifications and additional scope of work required during the permit process for compliance with ADA requirements. Stantec will provide additional construction administration and project closeout services related to the additional scope. The negotiated price of $46,138 submitted by Stantec for the above services, included in this Amendment has been reviewed by City staff and found to be fair and reasonable. 231 Commission Memorandum -Stantec Amendment 3 for Flamingo Park Football Field and Track Renovation Project October 16, 2013 Page 2of2 The original contract amount for the Professional Services was $114,669.95. Amendment No. 1 in the amount of $13,701, Amendment No. 2 in the amount of $11,125, and this Amendment No. 3 in the amount of $46,138 will bring the total contract amount to $185,633.95. CONCLUSION: The Administration recommends approval of the Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and authorizing the Mayor and City Clerk to execute Amendment No. 3 to the professional services agreement with Stantec Consulting Services, Inc. for additional services, for the Flamingo Park Football Field and Track Renovation Project; in the negotiated lump sum amount of $46, 138; with previously appropriated funding in the amount of $46,138 from Fund 301, Quality of Life Fund. JLM\MT\DM\MER ATTACHMENTS: Stantec Amendment No. 3 I:\AGLNDA\2013,0ctober 16\Fiarntn;:ro Park Footba I F'elc\FIJnlln(:lo Fooi::Jall Field -Sl21t"tec Amendment 3 · IVlEMO.doc~ 232 AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND STATEC CONSULTING SERVICES INC. (FORMERLY CORZO CASTELLA CARBALLO THOMPSON SALMAN, P .A.) DATED SEPTEMBER 12,2011 FOR ADDITIONAL SERVICES REQUIRED FOR REVISIONS TO CONTRACT DOCUMENTS IN THE NOT-TO-EXCEED AMOUNT OF $46,138 This Amendment No. 3 to the Agreement made and entered this 28 day of June, 2013, by and between the City of Miami Beach, a Municipal Corporation existing under the laws of the State of Florida (hereinafter referred to as CITY), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and Stantec Consulting Services Inc. (formerly Corzo Castella Carballo Thompson Salman, P.A.) having its principal office at 901 Ponce de Leon Boulevard, Suite 900, Coral Gables, Florida, 33134 (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, on April19, 2011, pursuant to Procurement Department's approval to use the Miami-Dade County School Board continuing contract for Architectural and Engineering (A/E) Services, the City entered into a Professional Services Agreement with Corzo Castella Carballo Thompson Salman, P.A. currently assigned to Stantec Consulting Services Inc. (CONSULTANT) to provide AlE services for the Flamingo Park Football Field and Track Renovation Project (PROJECT) and; WHEREAS, the Agreement provides for the design, bid, award and construction administration services for the Project, in the not-to-exceed amount of $109,209 plus reimbursable amount of $5,460.45; and WHEREAS, Amendment No. 1 to the Agreement, in the not-to-exceed amount of$13,701, was issued to provide additional services required during the bid/award phase services and issuance of ITB 049-2013TC for the Project; and WHEREAS, Amendment No.2 to the Agreement, in the not-to-exceed amount of $11,125, was approved for Supplemental Certified Engineering Inspection Services for the Project; and WHEREAS, this Amendment No. 3 to the Agreement, in the not-to-exceed amount of $46,138, is to provide additional Architectural Engineering services for the revision of the contract documents for the Project; and NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as part of this Amendment No. 3. 2. MODIFICATIONS The Agreement is amended to include "Schedule A-3", which is attached and incorporated herein. 233 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The CITY and CONSULTANT ratify the terms of the Agreement, as amended by this Amendment No.3. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH City Clerk By~------------------------Mayor ATTEST: CONSULTANT: STANTEC CONSULTING SERVICES INC. TITLE: TITLE: Print Name Print Name 234 SCHEDULE A·3 SCOPE OF SERVICES (see attached) 235 ~ Stantec September 27. 2013 File: 177901639 Attention; Matilde E. Reyes, RA Senior Project Coordinator Capitol Improvement Project Office 1 700 Convention Center Drive Miami Beach, FL 33139 Reference: Flamingo Park Football Fleld and Track Project REVISED -Additional Services-Basic Services Fee Increase Due to Additional Scope Dear Ms. Reyes. We ore pleased to submit this proposal for additional services for the Flamingo Park Football Field and Track Project for adjustments to Stantect contractual tee due to additonal scope of work. At the start of the Flamingo Park project in 2011 basic services fee per contract was based on a construction budget of $1.330.000.00 for a defined scope. The scope of the project and cost were gradually increased due program. owner scope increases and permitting agencies requirements such as drainage improvements, and additional ADA improvements such as ADA seating at the bleacher building initially not anticipated by the City. preparing two seperate permit sets one for the field and seperate one for the bleacher building. There were also program items changed by the City such as a 61ane track at initial design versus an 8 lane track as a base bid, for increased cost to the project. in addition to unforseen and additional scope during construction, and addtional e-builder management. Additional Scope: 1-Additional drainage design and permitting. 2-Revise civil drawings to include design alternates for Blane track. 3-Architectural and structural design of ADA seating at the bleacher building. 4-Additional permitting and meetings with reviewers for the two permits. 5-During construction additional architectural and structural design and coordination of bathrooms structural slab replacement. 6-During construction additional architectural and structural design and coordination of foundation redesing to use helical piles for ADA seating at 236 September 27. 2013 Matilde E. Reyes. RA Page 2 of 2 Reference: Flamingo Park Football Field and Track Project REVISED -Additional Services -Basic Services Fee Increase Due to AddiHonal Scope bleacher building in lieu of continuous footer in order to accelerate schedule, coordintation meeting. structural inspection. revise structural drawings. 7-Durign construction revise plumbing drawings to provide a new water line to feed bleacher building, coordination meeting. and review of RCO for additonal work. 8-During construction revise civil drawings to include the fence outside the track as requested by the City during bidding. 9-Additional coordination and review of RCO's during construction for additional scope requested by the City, such as additinal PA conduits, additional lighting zones, and VE items. 10-Additional E-builder management. The project was put out to bid at the beginning of 2013 with a revised project construction estimate with all improvements including an 8 lane track of $1.928,900.00. with a difference of $598,900.00 increase in costruction budget from Stantec's original contract. The attached man-hours reflect the additional scope effort as note below with a fee that equals approximately 7.7% of the increase in construction budget amount or $46, 138.00. TOTAL Additional Services .............................................................. $46, 138.00* •Per attached man-hours If you have any questions please call our office at your earliest convenience. Regards. Javier.Salman@Stantec.com Attachment: Flamingo Park Man-hours Cc. Eleane Navarro ne u:\ 177901639\documenls\let odd serv ilamingo park rev 9-?3-l3.doc~ 237 N w 00 Stan tee 901 l'ooce de ! eon Blvd Coral Gables. FL 33134 Phone 305 44~ 7<JOO fax 30~1'14.e2H Man-hour Estimation • Flamingo Park -Additional Services Flamingo Park -Football Field Improvements -Additional Services -Addltonal Scope, Revise permit drawings, Foundation Re-design, New water line, additional CA Date: Septemt>ar 27. <'013 I I ~·-ge l-·-·'"9'1·1•nQI• . .,LJd.,.goneerjL.J .::: ..... I Tcclnclat1 I Cl•ncal I Es~matot I TOT~siFor I Ta51< Ac!Fvotv T olals I 5.00 I 16.00 I 56.00 to include design alternate of 8 lane track. I 1.00 I 600 3 Preparation of two separale permil set, additonai perm1t11ng for two sels 4 ADA seating at bleacher building, arch1teclural and structural dasign and permittlng. I I 4.00 16.00 I 24.00 I I 16.00 I I I I I 60.00 5 D11nng construclron deSign of new slructural slabs onside oestrooms, rev1se structural dr&wlngs. CA coordinabon, meeting on site woth strudural engineer, enginee(s structural inspect1on. drawing revision. I 2.00 I BOO I 18 00 I j e.oo at ADA bleacher sealing. helical piles in lieu of spread looters. •nspection by slruclural engineer, coordina1100. drawing reviSion and review of shop drawmgs. I :wo I 6.00 I 16.00 I I 12.00 I I J I 1 36.oo I $3.966.00 to exosting bleacher buildmg. s•te vrs•l. coordination, review ofRCO. 8 Revise c•vil drawrngs to 1nclude fence outside the lr&ck per City"s reqoost 9 Addilmnal CA coordina~on and revHJW lor additional items requested by the Cily such as additional PA system, add! banal lighting zones. and VE items l 0 Addolonal Total Estimated Man-hour Proposal $46,138.00 ~tam.nQQf';l'• Aox~._.,,. ~'llfYO.:t~ g.}}2Q11~:J I'~Je 1 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO.3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR ADDITIONAL ARCHITECTURAL ENGINEERING SERVICES, FOR THE FLAMINGO PARK FOOTBALL FIELD AND TRACK RENOVATION PROJECT; IN THE NEGOTIATED AMOUNT OF $46,138; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $46,138 FROM FUND 301, QUALITY OF LIFE FUND. WHEREAS, on April 19, 2011, the City entered into a Professional Services Agreement with Corzo Castella Carballo Thompson Salman, P.A. (Consultant), currently assigned to Stantec Consulting Services Inc., for AlE services for the Flamingo Park Football Field & Track Renovation Project (Project); and WHEREAS, the Agreement provides for the design, bid, award and construction administration services for the Project, in the not-to-exceed amount of $109,209, plus reimbursable amount of $5,460.45; and WHEREAS, Amendment No. 1 to the Agreement, in the not-to-exceed amount of $13,701, was issued to provide additional services required during the bid/award phase services for the Project; and WHEREAS, Amendment No. 2 to the Agreement, in the not-to-exceed amount of $11,125, was approved for Supplemental Certified Engineering Inspection Services for the Project; and WHEREAS, this Amendment No. 3 to the Agreement, in the not-to-exceed amount of $46,138, is to provide additional AlE services for the revision of the contract documents for the Project; and WHEREAS, the Administration has determined that additional services are warranted due to the schedule constraints, in order to deliver the Project on time for the Miami Beach Senior High School football season. 239 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida, hereby authorize the Mayor and City Clerk to execute Amendment No. 3 to the Professional Services Agreement with Stantec Consulting Services, Inc. for additional AlE services, for the Flamingo Park Football Field and Track Renovation Project, in the negotiated amount of $46,138, with previously appropriated funding, in the amount of $46,138 from Fund 301, Quality of Life Fund. PASSED AND ADOPTED THIS ___ DAY OF ____ 2013. ATTEST: CITY CLERK MAYOR T:\AGENDA\2013\0ctober 16\Fiamingo Park Football Field\Fiamingo Park Football Field -Stantec Amendment 3 RESO.doc 240 THIS PAGE INTENTIONALLY LEFT BLANK 241 T: COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute A Settlement Agreement Between The City Of Miami Beach And Bermetlo Ajamil & Partners, Inc., For Extended Professional Construction Engineering And Inspection Services {CEI) For The Florida Department Of Transportation Work Included In The Water Mains And Sanitary Sewer Mains, And Milling And Resurfacing Improvements Along Indian Creek Drive Between 26th And 41st Streets; In The Amount Of$73,000 From Previously Appropriated Funding. Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that 81% of businesses rated completed capital improvement projects as "excellent" or "good." Item Summary/Recommendation: The Florida Department of Transportation {FDOT) identified the need to perform roadway milling and resurfacing along Indian Creek Drive from 261h to 41"t Streets as part of its five (5) year transportation plan. The FOOT work consisted of roadway milling and resurfacing, guardrail replacements, sidewalk replacement and bump-out construction at certain intersections. At the time, the City had planned two (2) capital pr~~ect elements which consisted of the installation of a new 12-inch diameter water transmission main from 26th to 41 5 Street, along Indian Creek Drive, as well as the replacement of an existing 15-inch diameter wastewater interceptor along Indian Creek Drive, between 281h and 41st Streets. On March 18, 2009, the City Commission, pursuant to Invitation to Bid 28-07/08, awarded a contract to proceed with the construction services for the installation of water mains, sanitary sewer mains, milling, and resurfacing improvements along Indian Creek Drive from 26th to 41st Streets. On September 9, 2009, the City Commission approved Resolution No. 2009-27169, to enter into a professional services agreement with the firm Bermello Ajamil & Partners, Inc. (BAP) for professional CEI services for the FOOT work along Indian Creek Drive from 26th to 41 51 Street in the amount of $129,942.7 4. On July 13, 2011, the City Commission through Resolution No. 2011-27703, approved a settlement agreement between the City and the Contractor in the amount of $1,197,966 for additional work related to water service transfers and side street service connections to the newly installed 12-inch water transmission main and the work associated with an FPL duct bank in conflict with the proposed sewer main. The original project substantial completion date was August 23, 2010. Due to the additional scope of work, the contract's completion date was extended to May 2012. During this additional time, BAP was required to perform extended CEI services, above and beyond the services contemplated under the original negotiated professional services agreement. The additional cost for the extended CEI services submitted by BAP was $117,213.58. BAP provided substantial documents supporting this amount. Staff reviewed the documentation and was able to substantiate $73,000 in additional costs for the extended services provided. BAP has accepted the City's calculations of additional costs and has executed the settlement agreement. It is recommended that the Mayor and City Commission adopt the resolution. Advisory Board Recommendation: I N/A Financial Information· Source of Amount Account Funds: 1 $73,000 424-2949-061357 Water and Sewer Bonds 2000S 2 ....-... 3 OB~~ 4 Total Financial lm_Q_act Summary: 73,000 City Clerk's Office legislative Tracking: David Martinez, ext 6972 Sign-Offs: (\ Depart me~ ir'fi!ctor Assistant .Cit.v Manager f\ L DM \ M~ V\) \AGENDA\2013\0oiDb~ 1 \mello\SERMELLQAjAMIL -S-" -<oO< MIAMI BEACH 242 City rY~anager JLM I [\JfY\ \, AGENDA ITEM _C;;;....._7_E __ DATE /0-ll:r/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachiLgov TO: Mayor Matti Herrera Bower and Memb FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AN CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SETTLEMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND BERMELLO AJAMIL & PARTNERS, INC., (BAP) FOR EXTENDED PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION SERVICES (CEI) FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) WORK INCLUDED IN THE WATER MAINS AND SANITARY SEWER MAINS, AND MILLING AND RESURFACING IMPROVEMENTS ALONG INDIAN CREEK DRIVE BETWEEN 26TH AND 41ST STREETS; IN THE AMOUNT OF $73,000 FROM PREVIOUSLY APPROPRIATED FUNDING. ADMINISTRATION RECOMMENDATION Approve the Resolution. FUNDING Funding for this additional professional construction engineering inspection services has been previously appropriated from the following fund: $73,000 BACKGROUND 424-2949-061357 Water and Sewer Bonds 2000S The Florida Department of Transportation (FOOT) identified the need to perform roadway milling and resurfacing along Indian Creek Drive from 26 1h to 41st Streets as part of its five (5) year transportation plan. The FOOT work consisted of roadway milling and resurfacing, guardrail replacements, sidewalk replacement and bump-out construction at certain intersections. At the time, the City had planned two (2) capital project elements which consisted of the installation of a new 12-inch diameter water transmission main from 26th to 41st Street, along Indian Creek Drive, as well as the replacement of an existing 15-inch diameter wastewater interceptor along Indian Creek Drive, between 28th and 41st Streets. On October 31, 2007, the City entered into a Joint Participation Agreement ( JPA) with the FOOT (See Attachment A) for the construction of roadway improvements along Indian Creek Drive between 261h and 41st Street. FOOT provided the City with construction plans prepared by Corradino Group and agreed to contribute with project funding in the amount of $1,501,000. The agreed upon funding for the FOOT portion of the work under the JPA between the City and FOOT was as follows: • Project Construction • Project Construction Engineering and Inspection (CEI) Services • Total Project Estimate 243 $1,365,000 $ 136.000 $1,501,000 Commission Memorandum -Settlement Agreement-Indian Creek Drive Improvements October 16, 2013 Page 2 of2 Pursuant to section 2C of the JPA, the City advertised for bid, let the consultant and construction contracts, administered, supervised, and inspected all aspects of their portion ofthe project. The City was required to retain the services of a CEI, which supervised the milling and resurfacing component. FOOT allocated $136,000 for such services. On September 9, 2009, the City Commission approved Resolution No. 2009-27169, to enter into a professional services agreement with the firm Bermello Ajamil & Partners, Inc. (BAP) for professional CEI services for the FOOT work along Indian Creek Drive from 26th to 41st Street in the amount of $129,942.74 (See Attachment B). ANALYSIS On March 18, 2009, the City Commission, pursuant to Invitation to Bid 28-07/08, awarded a contract to proceed with the construction services for the installation of water mains, sanitary sewer mains, milling, and resurfacing improvements along Indian Creek Drive from 26 1h to 41st Streets. On July 13, 2011, the City Commission through Resolution No. 2011-27703, approved a settlement agreement between the City and the Contractor in the amount of $1,197,966 for additional work related to water service transfers and side street service connections to the newly installed 12-inch water transmission main and the work associated with an FPL duct bank in conflict with the proposed sewer main. The original project substantial completion date was August 23, 2010. Due to the additional scope of work, the contract's completion date was extended to May2012. During this additional time, BAP was required to perform extended CEI services, above and beyond the services contemplated under the original negotiated professional services agreement. The additional cost for the extended CEI services submitted by BAP was $117,213.58. BAP provided substantial documents supporting this amount. Staff reviewed the documentation and was able to substantiate $73,000 in additional costs for the extended services provided. BAP has accepted the City's calculations of additional costs and has executed the attached settlement agreement. (Attachment C) CONCLUSION The Administration recommends approval of the Resolution approving and authorizing the Mayor and City Clerk to execute a settlement agreement between the City of Miami Beach and Bermello Ajamil & Partners, Inc. in the amount of $73,000, for extended Professional Construction Engineering and Inspection (CEI} services for the Florida Department Of Transportation (FOOT) work included in the water mains and sanitary sewer mains, and milling and resurfacing improvements along Indian Creek Drive, between 26th and 41st Streets. Attachments: A: Joint Participation Agreement (JPA) B: Bermello, Ajamil and Partners, Inc. Professional Service Agreement C: Settlement Agreement JLM/MT/DM/OS 244 RESOLUTION TO BE SUBMITTED 245 ' . 'I ' H AHachment A J c--o 7-7 ? t-Cj cr 1l IF--Jo/;'7 )o 7 Contra<:: Number: tJ:.oYf/J CSF/, Number: ..-55.023 JOINT PARTICIPATION AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TR.AJ.~SPORTATION AND THE CITY OF MIAMI BEACH THlS AGREEMENT is made and entered into this 31 s.+-da•t of tJ cfrJhe-r-, 20JLZ., between the State of Florida Department ofTransportation, :; component agency ofthe State ofFlorida, hereinafterreferred to as the 'DEPARTMENT', and ·:3e CityofMiami Beach, a municipal corporation of the State of Florida, hereinafter referred to~-the 'CITY'. RECITALS: WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road (SR) AlA corridor (Indian Creek Drive) in the City of Miami Beach; <IIld WHEREAS, the DEPARTMENT has drafted design pl&Js for the construction of roadway improvements on SR AlA southbound from 41"t Street to 26th Street, hereinafter referred to as the 'PROJECT', the individual elements of which a:·e outlined in the attached Exhibit "A", 'Scope of Services', which is herein incorporated by refi:rence; and WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under Financial Project Numbers 414641-1-58-01 and 414641~1~68-01, aad has agreed to reimburse the CITY for eligible PROJECT costs up to a maximum limiting amoun~ as outlined in the attached Exhibit "B", 'Financial Summary', which is herein incorpor.:.ted by reference; and WHEREAS, the CITY has agreed to supervise and insped all aspects of PROJECT construction and administration; and WHEREAS, the parties hereto mutually recognize the 1eed for entering into an Agreement designating and setting forth the responsibilitie~ of each party; and WHEREAS, the parties are authorized to enter into this Ag1 eement pursuant to Section 339.08(e) and 339.12, Florida Statutes; NOW, THEREFORE, in consideration of the premises, th<: mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Pagel of 13 Joint Participatitur AgreemenJ betweet~ the Florida Department of Transpl)rtarion am' the City of Miami &licit, FiliQJicial Projecl Numhen #4/4641-1-58-01, and 414641-J-(.1-01 246 1. INCORPORATION OF RECITALS The foregoing recitals are true and correct and are in• :orporated into the body of this Agreement, as if fully set forth herein. 2. GENERAL REQUIREMENTS a. The CITY shall submit this Agreement to its City C:ommission for ratification or approval by resolution. A copy of said resohtion is attached hereto as Exhibit "C .. , 'Resolution·, and is herein incorporat•xi by reference. b. The CITY shall obtain all necessary permits fro1a the DEPARTMENT, and other concerned agencies, as needed, prior t11 commencing PROJECT construction on DEPARTMENT right-of-way. c. The CITY shall advertise for bid, let the consultar.·: and construction contracts, administer, supervise and inspect all aspects of PROJECT construction until completion, and, as further defined in Exhibit "A'', 'Scope of Services'. The CITY shall complete the PROJECT on or before J' me 30, 2010. All aspects of PROJECT construction and administration are :mbject to DEPARTMENT standards and specifications and must be in compliance with all governing laws and ordinances. d. The CITY shall not execute any contract or obligate itself in any manner requiring the disbursement of DEPARTMENT ft::1ds, including consulting or construction contracts or amendments thereto, with any third party with respect to the PROJECT without the prior written approval of the DEPARTMENT. The DEPARTMENT specifically reserves the right to review qualifications of any consultant or cortractor and to approve of disapprove CITY employment of same. e. The DEPARTMENT shall reimburse the CITY fc·~ eligible PROJECT costs as defined in Exhibit .. B", 'Financial Sununary', ~md in accordance with the financial provisions in Section 3 of this Agreement. 3. FINANCIAL PROVISIONS a. Eligible PROJECT costs may not exceed ONE r.IILLION FIVE HUNDRED ONE THOUSAND DOLLARS ($1,501,000.00). as outlined in Exhibit "B", 'Financial Summary'. If additional funding i~ required, contingent upon DEPARTMENT approval, a supplemental agreement between the DEPARTMENT and the CITY authorizing the additional funding shall be executed prior to such costs being incurred. Page 2 of 13 Joint Participation Agreeme11t betwUJt the Florid4 /Jepartme11t of TrarJSportatioll Qll<' the ary of Miami Beach, Financial Proji!Ct Numbers 1#4U641-1-58-0/, and 414641-/-0-01 247 b. The DEPARTMENT agrees to pay the CITY for th•: herein described services at a compensation as detailed in this Agreement. c. Payment shall be made only after receipt and appr•>val of goods and services unless advance payments are authorized by the Department's Comptroller under Section 334.044(29), Florida Statutes, or by the Department of Financial Services under Section 215.422(14), Florida Statutes. d. Bills for fees or other compensation for servkes or expenses shall be submitted in detail sufficient for a proper preaudit ;md postaudit thereof. e. Travel costs will not be reimbursed. f Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and. for five years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of :::osts incurred include the CITY's general accounting records and the pre~ ect records, together with supporting documents and records, of the contra~tor and all subcontractors performing work on the project, and all other re•:ords of the contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. g. In the event this contract is for services in excess .:-f$25,000.00 and a term for a period of more than 1 year, the provisions of Sc::tion 339.135(6)(a), Florida Statutes, are hereby incorporated: The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract whit:h, by its terms, involves the expenditure of money in excess of the amount:: budgeted as available for expenditure during such fiscal year. Any contrac: t, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall recuire a statement from the Comptroller of the DEPARTMENT that such !Unds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts ofthe DEPARTMENT which are for an amount :n excess ofTWENTY FIVE THOUSAND DOLLARS ($25,000.00) and whic:h have a term for a period of more than 1 year. h. The DEPARTMENT's obligation to pay is :ontingent upon an annual appropriation by the Florida Legislature. Page 3 of 13 Joinr Parlicipatian Agreement be:ween rhe Florida Department ofTransplJrtariont~• d I he aty of Miami Beach, Finanda/ Project Numben #414641-J-58-()1, and 4/4641-f-,i8-0J 248 4. INDEMNIFICATION To the extent pennitted by Section 768.28, Florida S~~rtutes, the parties agree to indemnify each other for liability due to any act or omission, neglect or wrongdoing of a party or any of its officers, agents c,: employees. Further, the parties agree to defend each other against any and a:J such claims or demands which may be claimed and have arisen as a result of or in connection with the parties' participation in this Agreement. Nothing t;ontained herein shall be construed to contradict the provisions of Section 76:1.28, Florida Statutes, nor shall this Section be construed to require either party to indemnify the other for the negligent acts of the other. 5. GOVERNING LAW This Agreement shall be governed and construed in a•;cordance with the laws of the State ofFlorida. 6. AMEND'MENT This Agreement may be amended by mutual agreem:nt of the DEPARTMENT and the CITY expressed in writing, executed and deliv !Ted by each party. 7. INVALIDITY If any part of this Agreement shall be determined to be invalid or unenforceable, the remainder of this Agreement shall not be affectec thereby, if such remainder continues to conform to the terms and requirements of applicable law. 8. COMMUNICATIONS a. All notices, requests. demands, consents, approval3 and other communications which are required to be served or given hereur.ier. shall be in writing and hand-delivered or sent by either registered or certLied U.S. mail, return receipt requested, postage prepaid, addressed to the par.-, to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6137 Miami, Florida ]3172-5800 Attn: Kenneth Robertson, JP A Coordinator Ph: (305) 470-: ~52; Fax: (305) 470-5552 Page4 ofl3 Joi11t Participation Agreement between the Florida DepartmenJ of Tran3portation 011 J the City of Miami Beach. Financial Project Numbers 1#4l4641·1-J8-0I. and 414641-I-~8-01 249 To CITY: City of Miami Bc!ach 1700 Conventior: Center Drive Miami Beach, F: xida 33139 A~: Fernanda Vazquez, City Engineer Ph: (305) 673-7080; Fax: (305) 673-7028 b. Either party may, by notice given as aforesaid. change its address for all subsequent notices. Notices given in complianc'! with this section shall be deemed given when placed in the mail. 9. EXPIRATION OF AGREEMENT The CITY agrees to complete the PROJECT on or ::efore June 30, 2010. If the CITY does not complete the PROJECT within this time period, this Agreement will expire unless an extension of the time period is requested by the CITY and granted in writing by the DEPARTMENT's District Six Secretary or Designee. Expiration of this Agreement will be considered terrnhation of the PROJECT. 10. FINAL INVOICE The CITY must submit the final invoice on this PROJECT to the DEPARTMENT within 120 days after the expiration of this Agreem•:nt. Invoices submitted after October 28, 2010, will not be paid. 11. AUDITS State of Florida Single Audit Act requirements as ou:lined in the attached Exhibit "D .. , 'Audit Reports', are incorporated herein by refennce. 12. ENTIRE AGREEMENT This Joint Participation Agreement is the entire Ag1 eement between the parties hereto, and it may be modified or amended only by nutual consent of the parties in writing. --REMAINDER OF PAGE INTENTIONALLY LEFT BLANK-- Pagd of13 Joint Participazion Agreemenr between the FloridJJ [JqNJHment of Tnmsportaliot~ am' rlre City of Miami B-=h, Finandal Project Nronben #414641-I-58-01, and 4/4641-J-(.1.01 250 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. STATE OF FL(JRIDA, DEPARTMENT OF TRANSPOF:TATION: ·?./. ... L? BY: ?-!_~.;:.....;......::.~___;~--- 6r>ISTRICT SECRETARY ATTEST: (SEAL) ~!e~ ' ATTEST:/lZt.·~H~~A< (SEAL) EXIiUTIVE SE~Y CITY CLERK ROBERT PARCHER APPROVED AS TO FORM & LANGUAGE ~-·.....-- FO CUTION '-~~~~~. iP~~Io7 LEGAL REVIEW: cu.::..,_ :1.: ~ DISTRICT GEi·aRAL co NSEL Page6 of13 Joint Participation Agreement betwe~ Jhe f1orida Deptutment cfTronsporlllliDn au I the City of Miami Beat:h. Firumcial Projec:t Numbers# 4U641-/-58-0J, and 4!4641-l-!8-0l 251 EXHIBIT "A" SCOPE OF SERVICES To construct roadway improvements in accordance with and as detailed in the attached PROJECT plans along the SR AlA southbound corridor within the b ;:low-identified PROJECT Limits. The DEPARTMENT will provide the CITY with the signed and sealed construction plans. The CITY will let, supervise and inspe\':t all aspects of PROJECT construction and administration. PROJECT Limits: SR AlA/Indian Creek Drive, southbound, from 41st Street to 26th Street FOOT Financial Project Numbers: 414641-1-58-01 and 414641-1··68-01 County: Miami-Dade FDOT Project Manager: Ana Arvelo, P.E. CITY Project Manager: Fernando Vazquez, P.E. PLANS AND SPECIFICATION~; The CITY agrees to construct the PROJECT using a competitively-b ,d contractor in accordance with the signed and sealed plans and specifications, attached hereto and incorporated herein by reference. Please see attached plans prepared by:._......::C.::o~rr~a...,d""'in...::o:..;G~r""'o"=u:l<.p __ Dated:--------- Page 7 of 13 Joilll Participmion Agreement between the Florida. DepaniiWtt ofTrai!SpOrtaiion <Ll :1 the City of Miami Beach. Financial Project Numbers# 4UMI-J-58-0J. and 4/4641·1·' 8..()/ 252 EXHIBIT "B" FINANCIAL SUMMARY Estimated PROJECT costs for reimbursement are below·listed, separated by phase of work: Financial Project Number 414641·1-58-0 1 PROJECT Construction: Financial Project Number 414641·1-68-01 PROJECT Construction Engineering and Inspection (CEI) services: Total PROJECT Cost Estimate: Page 8 of13 $1,365,000.00 + $136,000.00 $1,501,000.00 Joint Participatiolf Agreemenr ~en/he Florida Department o/Transporratiolf tv' I the City of Miami Beach. Fmancial Project N11171bers I# 4J.i641-I-58-01, and 414641-J-,jg-1)[ 253 EXHIBIT "C" RESOLUTION To be herein incorporated once approved by the CITY Commission. Page 9 ofl3 Joint Participation Agreement between the Florida DeJHJrtmenl o[Tl'ansportation a.1 i the City of Miami Beach. Fi/IQncial ProJect Numben #4U641-J-S8-01, and 414641-1-~ 8-01 254 EXHIBIT"D" AUDIT REPORTS The administration of resources awarded by the Dc:partment to the:: CITY OF MIAMI BEP.GH may be subject to audits and/or monitoring by the Department, as described in this section. For further guidance, s: e the Executive Office of the Governor website, which can be found at: www .fssa.state.n.us . MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Sc:ction 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits~ defined by OMB Circular A-133, as revised, anc. 'or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Departmen1 determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additiotal instructions providc:d by the Department staff to the CITY OF MIAMI BEACH regarding such audit The CITY 0 F MIAMI BEACH further agrees to comply and cooperate with any inspections, reviews, investigations, or audits de•:med necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART 1: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non-profit organizations as iefined in OMB Circular A· 133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as t•:vised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department by th:_; agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The detennination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Ci;·cular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A- 133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of0M3 Circular A-133, as revised. 3. If the recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year, an audit conducted in accordance with the pr >visions of OMB Circu1ar A- 133, as revised. is not required. In the event that the recipient expends Less thar $300,000 ($:500,000 for fiscal years ending after December 31, 2003) in Federal awards in its ftscal yea:: and elects to have an audit conducted in accordance with the provisions ofOlltffi Circular A-133, as revise;~ the cost of the audit must be paid from non-Federal resources {i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Page 10 of 13 Joint Parrictparion Agreemenr between the Florida Department of Transportation OJI t 1he City of Miami Becch. Fintlllcial Project Numbers# 4/4641-1-58-01. attd 4/4Ml-1-~ 8-01 255 PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1}, Flori<~ 1 Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $300,000 ($500,000 for fiscal years ending on September 30, 2004, and thereafl:tr) in any fiScal year of such recipient, the recipient must have a State single or project-specific audit for such :.seal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIDIT 1 to this agreement indicates state financial assirtance awarded through the Department by this agreement In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State linancial assistance docs not include Federal direct or pass-through awards and resources received by a nonst<. e entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. Tiis includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statute!• and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of· he Auditor General. 3. [f the recipient expends less than $300,000 in state financial assistance in its fi;~al year ($500,000 for fiscal years ending on September 30, 2004, and thereafter), an audit conducted in acccJ dance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 ($500,000) in state financial assistance in its fiscal year and elects to have an attdit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit m-:st be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's 1 esources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistaro:e (CSFA) title and number, award number and year, and nam: of the state agency awarding it. PART Ill: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Prep<:·ation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retaine•l. until the action is completed or the dispute is resolved. Access to project records and audit work papers shaU be given to the FDOT, the Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assc; :ance or limit the authority of any other state official. Page 11 of 13 Joint Panicipation AgreemDZI between liz£ Florida Department ofTrllliSpOrtntion tv' I the City of Miami Beach. FiJUJncial Proj~ct Numbers# -114641-l-58-01, aruUU641-1~!~-01 256 PART IV: REPORT SUBMISSION l. Copies of reporting packages for audits conducted in accordance with OMB Cin:ular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Secticn .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation 1000 Northwest 111 Avenue Miami, Florida 33172 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as r~vised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revisecl, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10111 Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Se:tions .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PI1RT I of this agreement and conducted in accordance -with OMB Circular A-133, as revised, is not reqt:.:red to be submitted to the Department for reasons pursuant to section .320 (cX2), OMB Circular A-133, JS revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2} and a c:py of the recipient's audited schedule of expenditures ofFederal awards directly to each of the following: Florida Department of Transportation 1000 Northwest 111 Avenue Miami, Florida 33172 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package dcscn"bed in Section .320 (c), OMB Circular A-133, as r:vised, and any management letters issued by the auditor, to the Department at each of the follo-wing addresses: Florida Department of Transportation 1000 Northwest 111 Avenue Miami, Florida 33172 3. Copies of financial reporting packages required by PART II of this agreemen: shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation 1000 Northwest 111 Avenue Miami, Florida 33172 B. The Auditor General's Office at the following address: Page 12 of13 Joint Participation Agreement ~en the Florida Department ofTrQIISportation ar. l the City of Miami Beach. FiiUlltcial Project Numbers# 4UMI-1-58-01, and 414641-1-·l'-01 257 Auditor General's Office Room 401, Pepper Building Ill West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the manage~nt letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of Transportation 1000 Northwest 111 Avenue Miami, Florida 3 3172 5. Any reports, management letter, or other information required to be submitted t•• the Departtnent pursuant to this agreement shall be submitted timely in accordance with OMB Circular .\.-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting fmancial reporting packages to the Departtnent for al!dits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.•)50 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the ret: orting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allo>. the Department, or its designee, the state CFO or Auditor General access to such records upon request. :"he recipient shall ensure that the independent audit working papers are made available to the Department, or it: designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the ail.dit report is i.ssued, unless extended in writing by the Department Page 13 of 13 Joint Participation AgreemenJ between the Florida Depanment of Transp()TUltion •: ui the City of Miami Beach, Financial Proje.ct Nlllftbus It 414641-1-58-01, and 414641-1·68..01 258 Florida Department of Transpol'tation CHARLIE CRIST GOVERNOR November 6, 2007 Mr. Fernando Vazquez District Contracts and Procurement 1000 Northwest 111'" Avenue, Room 6203 Miami. FL 33172 IMlem a request for sefVice is an opportunity to serve you 1 City of Miami Beach, Transportation Division 1700 Convention Center Drive Miami Beach. Florida 33139 STEPHANIE C. KOPELOUSOS SECRETARY Re: Project#414641-1~1: SRA1A Roadway Improvements; JP.t\ Execution Notice Dear Mr. Vazquez: Endosed for the City of Miami Beach's (City's) records is one {1) original Joirl Participation Agreement {JPA) for the referenced project This JPA was executed by the Florida Department of .. ransportation (Department) on Wednesday, October 31, 2007. Another original JPA was mailed by separate cover to the City's Clerk's Office, Attn: Ms. Kerry Hernandez. Thank you on behalf of the Department for your assistance in expediting thE.! execution of this JPA If you have any questions or concerns, please feel free to contact me at (305) 47Q-5404. Sincerely, J ; ·14-u-u·IL 9-J{u:Vt:T~ Kenneth Robertson District Contracts and Procurement Manager encl: One (1) original executed JPAAgreement cc: Ana .Arvelo, P.E., FDOT Project Manager; File www.dot.state . .fl.us 259 Attachment B AGREEMENT BETWEEN CITY OF MIAMI BEACH AND BERMELLO AJAMIL & e.A:BINEfiS, INC. FOR [IOV1-? 71 ~~ c 70-1/9/o1 · PROFESSIONAL CERTIFIED ENGINEER INSPECTION (CEI} SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 03..08/09 .. FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) WORK INCLUDED IN THE WATER MAINS AND SANITARY SEWER MAINS, AND MILLING AND RESURFACING IMPROVEMENTS ALONG: INDIAN CREEK DRIVE BETWEEN 26TH AND 41sT STREETS. August 12, 2009 260 INDIAN CREEK CEI AGREEMENT TABLE OF CONTENTS DESCRIPTION ARTICLE 1 DEFINITIONS 1.1 City 1.2 City Commission 1.3 City Manager 1.4 Proposal Documents 1. 5 Consultant 1.6 City's Project Coordinator 1. 7 Basic Services 1. 8 The Project 1.8.1 The Project Cost 1.8.2 The Project Scope 1.9 Construction Cost 1.9.1 Construction Cost Budget 1.9.2 Statement of Probable Construction Cost 1.10 Force Majeure 1.11 Contract Documents 1.12 Contract Amendment 1.13 Services 1.14 Schedules 1. 15 Scope of Services ARTICLE 2. CONSULTANT'S SERVICES 2. 1 Basic Services 2.2 Additional Services 2.3 Responsibility for Claims and Liabilities 2.4 Time ARTICLE 3. THE CITY'S RESPONSIBILITIES ARTICLE 4. ADDITIONAL SERVICES ARTICLE 5. REIMBURSABLE EXPENSES ARTICLE 6. COMPENSATION FOR SERVICES ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS ARTICLE 8. OWNERSHIP AND USE OF DOCUMENTS ARTICLE 9. TERMINATION OF AGREEMENT ARTICLE 10.1NSURANCE ARTICLE 11.1NDEMNIFICATION ii 261 PAGE 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 4 5 5 5 6 7 7 7 7 12 15 16 17 19 20 20 22 23 INDIAN CREEK CEI AGREEMENT ARTICLE 12.VENUE ARTICLE 13.LIMITATION OF LIABILITY ARTICLE 14. NOTICE ARTICLE 15. MISCELLANEOUS PROVISIONS ATIACHED SCHEDULES: SCHEDULE "A" .,. SCOPE OF SERVICES SCHEDULE "8" .,. CONSULTANT COMPENSATION iii 262 24 24 25 26 29 35 INDIAN CREEK CEI AGREEMENT TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND BERMELLO AJAMIL & PARTNERS, INC. FOR PROFESSIONAL CERTIFIED ENGINEER INSPECTION (CEI) SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 03-08/09. FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) WORK INCLUDED IN THE WATER MAINS AND SANITARY SEWER MAINS, AND MILLING AND RESURFACING IMPROVEMENTS ALONG INDIAN CREEK DRIVE BETWEEN 26TH AND 41ST STREETS. This Agreement made and entered into this 9 t {day of ~ f ~ 4, t 2009, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (hereinafter_ referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and BERMELLO AJAMIL & PARTNERS, INC., a Florida corporation, having its principal office at 2601 South Bayshore Drive, Miami, Florida 33133 {hereinafter referred to as Consultant). W I T N E S S E T H: WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more particularly described in this Agreement and the attached Schedule .. A .. (Scope of Services), and wishes to engage the Consultant to provide engineering inspection services, and related professional services for the Project at the agreed fees as set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of architectural, master planning, and related professional services relative to the Project, as hereinafter set forth. 1 263 INDIAN CREEK CEI AGREEMENT NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreements herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 CITY: The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the City. 1.3 CITY MANAGER: The "City Manager'' shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized designees (including the Project Coordinator), who shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations to the Consultant; exclusive of those authorizations reserved to the City Commission. 1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualifications RFQ No. 03-08/09, For Professional Construction Engineering and Inspection (CEI} Services of the Water Mains, Sanitary Sewer Mains, and Milling and Resurfacing Improvements along Indian Creek between 26th and 41st Streets. issued by the City in contemplation of this Agreement, together with all amendments thereto, if any, and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference in this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, this Agreement shall prevail. 1.5 CONSULTANT: The "Consultant" is herein defined as Bermello Ajamil & Partners, Inc., a Florida corporation, having its principal office at 2601 South 2 264 INDIAN CREEK CEI AGREEMENT Bayshore Drive, Miami, Florida 33133. When the term "Consultant" is used in this Agreement it shall be deemed to include any sub-Consultants and any other person or entity acting under the direction or control of Consultant. Any sub- Consultants retained by Consultant pursuant to this Agreement and the Project shall be subject to the prior written approval of the City Manager. 1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project, except as otherwise provided herein. 1.7 BASIC SERVICES: "Basic Services" shall include those certain master planning, architectural, landscape architectural, engineering and/or other related professional services as required to complete the Project, as described in Article 2 herein and in Schedule "A" ("Scope of Services"). 1.8 THE PROJECT: The "Project'' shall mean that certain City project which has been approved by the City Commission, and as further described in Schedule "A" ("Scope of Services"). 1.8.1 THE PROJECT COST: The "Project Cosf', as shall be established by the City, shall mean the total cost of the Project to the City including: Construction Cost, professional compensation, land costs (if any), financing costs, testing services, surveys, or other reimbursable expenses. 1.8.2 THE PROJECT SCOPE: The "Project Scope" shall mean the description of the Project contained in Schedule "A" ("Scope of Services"). 1.9 CONSTRUCTION COST: The ,.Construction Cost" for the Project shall mean the sum which is the total cost or estimated cost to the City of all elements of the Project, (as specified by the Consultant and approved by the City) 3 265 INDIAN CREEK CEI AGREEMENT including, at current market rates (with a reasonable allowance for overhead and profit), the cost of labor, materials and any equipment which has been designed, specified, selected or specifically provided for the Project, and including a contingency allowance for unforeseen conditions, not to exceed ten percent (1 0%) of the construction cost for new construction, or twenty percent (20%) of the construction cost for rehabilitation of historic buildings, and not including the compensation of the Consultant and any sub-Consultants, the cost of land, surveys, testing, or other reimbursable expenses. 1.9. 1 CONSTRUCTION COST BUDGET: The "Construction Cost Budget" shall mean an amount budgeted by the City for Construction Cost, of the Project. 1.9.2 STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable Construction Cost" shall mean a forecast of Construction Cost for the Project prepared by the Consultant for the guidance of the City. The City shall have the right to verify the Statement of Probable Construction Cost. 1.1 0 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations enacted after the date of this Agreement and having a substantial impact on the Project; other causes beyond the parties' control; or by any other such causes which the Consultant and the City decide in writing justify the delay; provided, however, that market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process shall not be considered a Force Majeure. 1.11 CONTRACT DOCUMENTS: .. Contract Documents.. shall mean this 4 266 ------------ INDIAN CREEK CEI AGREEMENT Agreement, any schedules or exhibits attached and incorporated hereto; and any other documents as may be incorporated by reference hereto. 1.12 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written amendment to this Agreement, signed by both parties and including, without limitation, an order to the Consultant (approved by the City and signed by the City's duly authorized representative) authorizing a change in the Project, or the method and manner of performance thereof, or an adjustment in the fees and/or completion dates, as applicable. Contract Amendments shall be approved by the City Commission, if they exceed twenty-five thousand dollars ($25,000.00) or the City Manager if they are twenty-five thousand dollars ($25,000.00) or less in amount (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five thousand ($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of the City Commission for the approval of any such Contract Amendment. 1.13 SERVICES: The "Services" shall mean all services (including Basic Services and Additional Services, as approved by the City) to be performed on the Project by the Consultant pursuant to this Agreement, whether completed or partially completed, and includes labor and materials, equipment, and such other services provided (or to be provided) by Consultant, as required to fulfill its obligations herein. 1.14 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A-Scope of Services. Schedule B -Consultant Compensation: The schedule of compensation to the Consultant for Basic Services and Additional Services (as approved by the City), and for Reimbursable Expenses (as defined). Schedule C -Hourly Billing Rate Schedule: The schedule of hourly 5 267 INDIAN CREEK CEI AGREEMENT compensation rates to the Consultant (as submitted by the Consultant and approved by the City). Schedule D -Project Schedule. 1.15 SCOPE OF SERVICES: "Scope of Services" shall mean the Project scope as described in Schedule "A" ("Scope of Services"), which includes Basic Services and any Additional Services (as approved by the City). ARTICLE 2. CONSULTANT'S SERVICES The Consultant shall provide Services for the Project as required by the Contract Documents and as set forth in Schedule "A" (Scope of Services). The Services for the Project will be commenced by Consultant upon receipt of a written Notice to Proceed issued by the City Manager, and countersigned by Consultant. A separate Notice to Proceed shall be required for commencement of each Task (as delineated in Schedule "A" "Scope of Services"). The Consultant shall be responsible for coordinating with sub-Consultants and other Consultants. Consultant shall conform to all applicable building codes and regulations. Consultant, as it relates to its Services, represents and warrants to the City that it is knowledgeable of codes, rules and regulations applicable in the jurisdictions in which the Project is located, including, without limitation, local ordinances and codes (City of Miami Beach and Miami-Dade County), Florida Statutes, administrative rules and regulations, and Federal laws, rules and regulations. The Consultant agrees to comply with all such laws, codes, rules, and regulations, whether now in effect, or as may be amended or adopted . at any time, and shall further take into account all known pending changes to the foregoing, of which it should be reasonably aware. The Consultant represents and warrants that all of its duties, services and responsibilities under this Agreement shall be performed in accordance with the 6 268 INDIAN CREEK CEI AGREEMENT standard of care normally exercised in the design of projects of this nature in South Florida. In addition, Consultant represents and warrants that it is experienced and fully qualified to perform the Services contemplated by this Agreement, and that it is properly licensed pursuant to the applicable laws, rules and regulations to perform such Services. Consultant represents and warrants that it is responsible for the technical accuracy of its Contract Documents. 2.1 BASIC SERVICES: Consultant shall perform the Basic Services as required in Schedule "A" ("Scope of Services"). 2.2 ADDITIONAL SERVICES: Consultant shall provide those Additional Services as required in Schedule "A" ("Scope of Services"). 2.3 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant, or any of its officers, directors, employees, contractors, Consultants, agents and servants, for the accuracy and competency of their designs, working drawings, specifications, or other documents and services; nor shall such approval be deemed to be an assumption of such responsibility by the City for a defect, error or omission in such designs, working drawings, specifications or other documents and services; provided, however, that the Consultant shall be entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished by the City. 2.4 TIME: It is understood that time is of the essence in the completion of the Services, and in this respect the parties agree as follows: 2.4.1 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement and the orderly progress of the work. 7 269 INDIAN CREEK CEI AGREEMENT 2.4.2 The parties agree that the Services will be performed in a manner that shall conform with the approved Project Schedule, which is attached as Schedule "D" hereto. In the event Consultant is unable to timely complete the Services because of delays resulting from untimely review by the City or other governmental authorities having jurisdiction over the Project, or such other delays which are caused by factors outside the reasonable control of Consultant. Consultant shall immediately provide the Project Coordinator with written notice stating the reason for such delay, and a revised anticipated schedule of completion. Upon receipt and review of Consultant's request (and such other documentation as the Project Coordinator may require), the Project Coordinator may grant a reasonable extension of time for completion for the particular service/work involved (and the City may also provide reasonable compensation, if deemed appropriate) and an adjustment to the Project Schedule will be made. 2.4.3 In providing the Services, the Consultant shall use its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Coordinator and any of all firms and/or individuals that have been contracted or otherwise retained to perform services and J or work pertaining to the Project. 2.4.4 The Consultant shall perform its duties in a competent, timely and professional manner, and shall be responsible to the City for any failure in its performance, except to the extent that acts or omissions by the City make such performance impossible. 2.4.5 Whenever others are required to verify, review, or consider any work performed by Consultant including, without limitation, contractors and/or other design professionals or Consultants retained by the City, the intent of such requirement is to enable the Consultant to receive input from others' professional 8 270 INDIAN CREEK CEI AGREEMENT expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable projects; or which are inconsistent with applicable laws, codes, ordinances, and regulations; or which are inconsistent with standards or decisions provided by the Project Coordinator. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified as discrepancies, errors and omissions by others. Consultant shall receive comments from reviewers in writing including, without limitation, via a set of marked~up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be construed to mean as soon as possible and taking into account the requirements of the Project Schedule. 2.4.6. The City shall have the right, at any time, in its sole and absolute discretion, to submit for review to other Consultants (engaged by the City at its own expense) any or all of the services and/or work performed by Consultant in connection with the Services, and the Consultant shall fully cooperate in such review. 2.4.7 Consultant agrees to certify and warrant to the City all estimates of Construction Cost prepared by Consultant. 2.4.8 Consultant represents and warrants to the City that its review and evaluation of the Project budget, Statement of Probable Construction Cost, and any other cost estimates for the Project, represents Consultant's best judgment as an experienced design professional familiar with the construction industry; provided, however, that Consultant cannot (and does not) guarantee that bids or negotiated prices will not vary from any estimate of Construction Cost or other cost evaluation prepared by Consultant. 2.4.9 Consultant agrees that when any portion of the Services relates to a professional service which, under Florida law, requires a license, certification of 9 271 INDIAN CREEK CEI AGREEMENT authorization, or other form of legal entitlement to practice such Service(s), it shall employ and/or retain only qualified, duly licensed and/or certified personnel to provide same. 2.4.1 0 Consultant agrees to designate, in writing, within five (5) calendar days after receiving the first Notice to Proceed, a qualified licensed professional to serve as the Consultant's project manager (herein after referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of the Services. The person selected by Consultant to serve as its Project Manager shall be subject to the prior written approval of the City Manager. Replacement (including re-assignment) of the approved Project Manager shall not be made without the prior written approval of the City Manager. 2.4.11 Consultant agrees, within fourteen (14) calendar days from receipt of written notice from the City Manager stating the cause therefore, to promptly remove and replace a Project Manager, or any other personnel employed or retained by Consultant on the Project (including without limitation, any sub- Consultant or subcontractors). 2.4.12 Consultant hereby represents and warrants to the City that it has expertise in the type of professional services required to perform the Services. Consultant agrees that all Services shall be subject to the City's review and approval, and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with applicable laws, statutes, ordinances, codes, rules, regulations, and any other requirements of governmental agencies having jurisdiction over the Project (or the Services). In the event of any conflict in these requirements, Consultant shall notify City's Project Coordinator of such conflict and utilize its best professional judgment to advise the City regarding resolution of each such conflict. 10 272 INDIAN CREEK CEI AGREEMENT 2.4.13 Consultant agrees not to divulge, furnish or otherwise make available to any third party(ies) any non-public information concerning the Services or the Project without the City Manager's prior written consent, unless such disclosure is incident to the proper performance of Consultant's obligations hereunder; or the disclosure is required pursuant to Florida Public Records law; or in the course of judicial proceedings, where such information has been properly subpoenaed. Consultant shall also require its sub-Consultants and subcontractors to comply with the provisions of this subsection. 2.4.14 The City and Consultant acknowledge that the Services (as set forth in Schedule A, "Scope of Services") may not delineate every detail and minor work task required to be performed by Consultant to complete the Project. If, during the course of performance of the Services, Consultant determines that work should be performed to complete the Project which is, in Consultant's opinion, outside the level of effort originally anticipated in the Scope of Services, Consultant shall notify the Project Coordinator, in writing, in a timely manner, and obtain the Project Coordinator's written consent before proceeding with such work. If Consultant proceeds with any such additional work without notifying and obtaining the written consent of the Project Coordinator, said work shall be deemed to be within the original level of effort and deemed included as a Basic Service (whether or not specifically addressed in the Scope of Services). Notice by Consultant to the Project Coordinator (in and of itself) shall not constitute authorization or approval by the City to perform the work. Performance of any such work by Consultant without the prior written consent of the Project Coordinator shall be at Consultant's sole risk. 2.4.15 Consultant shall establish, maintain and categorize any and all documents related to the Project and the Services in accordance with the City Capital Improvement Projects (CIP) Department's filing system, and shall provide CIP with copies of correspondence and other doquments, as required by the City to properly track the progress of the work and any issues related to the Project and the Services. In addition, Consultant shall provide electronic document files to 11 273 INDIAN CREEK CEI AGREEMENT CIP upon completion of the Services. 2.4.16 The City's participation in the design and construction of the Project shall in no way be deemed to relieve the Consultant of its professional duties and responsibilities under the Contract Documents or under applicable law. ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City Manager shall designate a Project Coordinator, in writing, who shall act as the City's representative with respect to the Services and the Project. The Project Coordinator shall have authority to transmit instructions, receive information, and interpret and define City policies and decisions with respect to the Services. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the effect, (or be interpreted as having the effect) of modifying or changing, in any way whatsoever, unless approved by the City Manager or the City Commission (in accordance with Article 1.12), the following: a) the Scope of Services; b) the time within which the Consultant is obligated to commence and complete the Services; or c) the amount of compensation the City is obligated or committed to pay Consultant. 3.2 The City shall assist Consultant by placing, at Consultant's disposal, all information the City has available pertinent to the Project. Consultant hereby agrees and acknowledges that, in making such information available to the Consultant, the City makes no express or implied certification, representation, or warranty, as to the accuracy or completeness of any such information (including, without limitation, any information provided in the Proposal and backup 12 274 INDIAN CREEK CEI AGREEMENT documentation thereto). Any conclusions or assumptions drawn by Consultant following review of the City's information shall be the sole responsibility of the Consultant, and subject to whatever measures Consultant deems necessary, in accordance with its sole professional judgment, to verify the accuracy or completeness of same. If Consultant deems that it is necessary to undertake additional work due to inaccurate, incomplete or incorrect information supplied by the City, Consultant shall notify the Project Coordinator, in writing, in a timely manner, and obtain the Project Coordinator's written consent before proceeding with such work. tf Consultant proceeds with without obtaining the consent of the Project Coordinator, said work shall be deemed to be within the original level of effort and deemed included as a Basic Service. 3.3 The City has established the Construction Cost Budget for the Project, as set forth in Schedule "A." 3.4 In the City's sole discretion, the City may furnish legal, accounting and insurance counseling services for the Project at any time including, without limitation, auditing services the City may requrre to verify Conl?ultant's applications for payment, or to ascertain that Consultant has properly remitted payments due to its subcontractor or vendors. 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Services, or non-conformance with the Contract Documents, the City shall give prompt written notice thereof to the Consultant. 3.6 The City shall furnish required information and render approvals and decisions, in writing, as reasonably expeditious as necessary for the orderly progress of the Services. No approvals required by the City shall be unreasonably delayed or withheld; provided that the City shall at all times have the right to approve or reject any proposed submisslpns of Consultant· for any reasonable basis. 13 275 INDIAN CREEK CEI AGREEMENT 3. 7 The City Commission shall be the final authority to do or to approve the following actions or conduct by passage of an enabling resolution or amendment to this Agreement. 3.7.1 The City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to the Agreement,: except ' when expressly noted otherwise. (i.e., where delegated to the City Manager or the Project Coordinator) 3.7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement or any interest therein. Assignment and transfer shall be defined to include sale of the majority of the stock of a corporate Consultant. 3.7.3 The City Commission shall hear appeals from the administrative decision of the City Manager upon the Consultant's written request. In such cases, the Commission's decision shall be final. 3. 7.4 The City Commission shall approve or consider all Contract Amendments that exceed the sum of twenty five thousand dollars ($25,000.00} or other such amount as may be specified by the' City of Miami Beach Procurement Ordinance, as amended. 3.8 The City Manager shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations to the Consultant (exclusive of those authorizations reserved to the City Commission and the Project Coordinator). These authorizations shall include, without limitation, reviewing, approving, or otherwise commenting upon the schedules, plans, reports, estimates, contracts and other documents submitted to the City by the Consultant, and prior review and approval of any subcontractors or sub-Consultants. 14 276 INDIAN CREEK CEI AGREEMENT 3.8.1 The City Manager shall decide, in his professional discretion, matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement, and shall attempt to render administrative decisions promptly to avoid unreasonable delay in the progress of the Services. The City Manager, in his discretion, may consult with the City Commission concerning disputes or matters arising under this Agreement regardless of whether such matters or disputes are enumerated herein. 3.8.2 The City Manager shall be authorized, but not required, at the request of the Consultant, to reallocate monies already budgeted to payment of the Consultant; provided, however, that the Consultant's compensation or other budgets established by this Agreement cannot be increased. 3.8.3 The City Manager shall be the sole representative of the City authorized to issue the first Notice to Proceed (as referenced in Article 2); provided, however, that subsequent Notices to Proceed may be issued by the Project Coordinator. 3.8.4 The City Manager may approve Contract Amendments which do not exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended) and which do not increase any of the budgets established herein. 3.8.5 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or consult with persons for the purpose of receiving advice and recommendations relating to the exercise of his powers, duties and responsibilities under this Agreement. 15 277 INDIAN CREEK CEI AGREEMENT ARTICLE 4. ADDITIONAL SERVICES 4. 1 Additional Services will only be performed by the Consultant following receipt of written authorization by the Project Coordinator (which authorization must be obtained prior to commencement of any such services or work by Consultant). Such authorization shall contain a description of the Additional Services required; an hourly fee (as provided in Schedule "C'') and/or lump sum, (including a "not to exceed" amount on additional Reimbursable Expenses [if any]) the amended Construction Cost Budget (if applicable); and an amended time of completion date for the Services (if applicable). "Not to exceed" shall mean the maximum cumulative fee allowable, which the Consultant shall not exceed without further written authorization from the Project Coordinator. The "Not to exceed" amount is not a guaranteed maximum cost for the serVices or work requested and all costs applicable to same shall be verifiable through time sheet and reimbursable expense reviews. 4.2 Additional Services may consist of the following: 4.2.1 Providing additional work or services relative to the Project which arises from subsequent circumstances and causes which do not currently exist or which are not contemplated by the parties at the time of execution of this Agreement (excluding circumstances and causes resulting from error, inadvertence or omission of the Consultant). 4.2.2 Serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding, unless such preparation has arisen from the failure of the Consultant to meet the standard of care required in the Contracts Documents. 4.2.3 Preparing documents for change orders or supplemental work initiated at the City's request. 16 278 INDIAN CREEK CEI AGREEMENT ARTICLE 5. REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses shall include actual expenditures made' by the Consultant for the Services. All Reimbursable Expenses, in excess of $500, must be authorized in advance, in writing, by the Project Coordinator. Invoices for Reimbursable Expenses shall be submitted by Consultant to the Project Coordinator (along with supporting receipts, and any other back-up r:naterial reasonably requested by the City). Consultant shall certify as to eaQh such invoice that the amounts and items claimed as reimbursable are "true and, correct and in accordance with the Agreement." 5.2 Reimbursable Expenses may include the following: 5.2.1 The cost of testing or investigation for underground utilities. 5.2.2 Expenses for reproduction, postage and handling of drawings, specifications, and other documents (excluding reproductions for the office use of the Consultant and courier and postage costs between the Consultant and its sub-Consultants). 5.2.3 Expenses for preparation of special graphics for community workshops. 5.2.4 Permit fees for all necessary City of Miami Beach regulatory bodies having jurisdiction over the Project (in the event that same are not waived, or cannot be waived, by the City). ARTICLE 6. COMPENSATION FOR SERVICES 6.1 This Agreement is a Lump Sum Agreement. The Consultant shall be compensated at the not to exceed fee, as listed in Schedule "8", attached hereto, and which (for invoicing and tracking purposes), is based on the "Hourly Rate 17 279 INDIAN CREEK CEI AGREEMENT Schedule" in Schedule "C". Payment for Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Coordinator. Payments shall be made in proportion to the Services satisfactorily performed, so that the payments for Services shall not exceed the progress percentage noted in the Consultant's progress schedule (to be submitted with each invoice). No mark-up shall be allowed on subcontracted services. 6.2 Additional Services (as approved by the City) will be compensated using the hourly rates in Schedule "C". Requests for payment of Additional Services shall be included with the monthly payment request in Article 6.1. No mark-up shall be allowed on subcontracted Additional Services. 6.3 Reimbursable Expenses (as approved by the City) will be paid up to the "not to exceed" amount in Schedule "B". Requests for payment of Reimbursable Expenses shall be included with the monthly payment request in Article 6.1. No mark-up shall be allowed on Reimbursable Expenses. 6.4 The City and the Consultant agree that: 6.4.1 If the Scope of Work is substantially and materially changed, and following written request from Consultant to the Project Coordinator, and subject further to the prior written approval of the City, the amount of compensation may be equitably adjusted by mutual agreement of the parties. 6.4.2 Upon written request by Consultant to the Project Coordinator, and subject further to the prior written approval of the City Manager, the Hourly Billing Rate Schedule in Schedule "C" may be adjusted (but no more than annually) based upon the Miami-Fort Lauderdale Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor Statistics. Such adjustment shall be calculated by multiplying the ratio of the April index 18 280 INDIAN CREEK CEI AGREEMENT divided by the previous year's index by the Hourly Rate Schedule to define the new Hourly Rate Schedule. The maximum increase will be limited to three percent (3%). 6.5 No retainage shall be made from the Consultant's compensation on account of sums withheld (if any) from payments to the City's general contractor for the Project. 6.6 Method of Billing and Payment. Consultant shall submit billings in a timely manner, on a monthly basis. These billings shall identify the portion of the Service(s) completed (and the nature of the work/services performed); the total hours of work/services performed by employee category and the respective hourly billing rate associated with the employee category; and in the event the work/services of any subcontractor is accomplished, the percentage shall be identified. Billings shall also itemize and summarize Reimbursable Expenses. Where written approval of the Project Coordinator is required for Reimbursable Expenses, a copy of said approval shall accompany the billing for such reimbursable. If requested, Consultant shall provide back~up for past and current invoices that records hours for all Services (by employee category) and Reimbursable Expenses (by category). 6. 7 The City shall pay Consultant within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Coordinator. 6.8 Final payment to Consultant (upon completion of the Services) shall be approved by the City Manager. ARTICLE 7. CONSULTANT•s ACCOUNTING RECORDS 7. Consultant shall keep complete financial records and accounts (and 19 281 INDIAN CREEK CEI AGREEMENT require any and all subcontractors to keep such records and accounts) as may be required in order to record complete and correct entries as to personnel hours charged to the Services and any expenses for which Consultant expects to be reimbursed. All books and records relative to the Services will be available during customary business hours for examination and audit by the City and shall be kept for a period of three (3) years after completion of the Services. Incomplete or incorrect entries in such books and records will be grounds for the City's disallowance of any fees or expenses based upon such entries. ARTICLE 8. OWNERSHIP AND USE OF DOCUMENTS 8.1 Electronic files of all documents including, without limitation, tracings, drawings, specifications, estimates, investigations, and studies (whether completed or partially completed) are intended to and shall become the property of the City upon completion of the Services, or upon termination or other expiration of this Agreement. Consultant shall deliver all documents to the City within thirty (30) days of completion of the Services (or within thirty (30) days from termination or expiration of this Agreement). 8.2 Any re-use of documents by the City without written verification or adaptation by Consultant for the specific purpose intended will be without liability to Consultant. ARTICLE 9. TERMINATION OF AGREEMENT 9.1 Termination For Lack Of Funds. The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding for the Services (or the Project), the City may cancel this Agreement without further liability to the City. 20 282 -------------------------------- INDIAN CREEK CEI AGREEMENT 9.2 Termination For Cause. The City may terminate this Agreement for cause upon written notice to Consultant, in the event that the Consultant (1) violates any provisions of this Agreement or performs same in bad faith; or (2) unreasonably delays the performance of the Services or does not perform the Services in a timely and satisfactory manner. In the case of termination by the City for cause, the Consultant shall be first granted a thirty (30) day cure period (commencing upon receipt of written notice from the City). 9.2.1 In the event this Agreement is terminated for cause, the City, at its sole option and discretion, may take over the Services and complete them by contracting with another Consultant(s) or otherwise. In such event, the Consultant shall be liable to the City for any additional costs incurred by the City due to such termination. ..Additional Cost" is defined as the difference between the actual cost of completion of the Services, and the cost of completion of such Services had the Agreement not been terminated. 9.2.2 In the event of a termination for cause, the City shall only be required to make payment to Consultant for Services satisfactorily performed and accepted by the City prior to receipt of the City's notice of termination. The City shall have no further liability for compensation, expenses, or fees to the Consultant. 9.2.3 Upon receipt of the written notice of termination, and as a condition to any payment pursuant to subsection 9.2.2, Consultant shall promptly assemble and submit to the Project Coordinator any and all Project documents (including drawings, calculations, specifications, correspondence, and all other relevant materials effected). No additional payment shall be made for assembly and submittal of documents. 9.3 Termination For Convenience. In addition to the rights and options to terminate for cause, the City may terminate this Agreement for convenience and 21 283 ---------·· ...... -·--··-------------------- INDIAN CREEK CEI AGREEMENT without cause upon written notice to Consultant at least fourteen (14) days prior to the effective date of termination. In the event the City terminates the Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed up to the time of receipt of the City's written termination notice, and for the assembly and submittal (to the City) of documents in subsection 9.2.3. The City shall have no further liability for compensation, expenses or fees to the Consultant. 9.4 Termination By Consultant. The Consultant may only terminate this Agreement for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment for the Services. In that event, the City shall pay Consultant for all Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of the notice of termination. Prior to termination by Consultant for cause, the City shall be granted a thirty (30) day cure period after receipt of written notice from the Consultant. 9.4.1 The Consultant shall have no right to terminate this Agreement for convenience. 9.5 Implementation Of Termination. In the event of termination, either for cause or for convenience, the Consultant, upon receipt of the notice of termination, shall: (1) stop the performance of Services (as of the date specified in the notice of termination); (2) place no further orders or issue any other subcontracts, except for those that may have already been authorized, in writing, by the Project Coordinator; (3) terminate all existing orders and subcontracts and; (4} promptly assemble and submit all documents and other related materials related to the Services. ARTICLE 10 INSURANCE 10.1 At all times throughout performance of the Services, the Consultant shaJJ 22 284 INDIAN CREEK CEI AGREEMENT keep the following insurance coverage in full force and effect. The Consultant shall not commence any work until satisfactory proof of the following insurance coverage has been furnished to the City's Risk Manager: (a) Professional Liability Insurance, in the amount of one million ($1 ,000,000.00) dollars, per occurrence, with a maximum deductible of $150,000 per occurrence, $450,000 aggregate. Consultant shall notify City in writing within thirty (30) days of any claims filed or made against the Professional Liability Insurance policy. (b) Comprehensive General Liability Insurance, in the amount of $1,000,000.00 Single Limit Bodily Injury and Property Damage coverage, for each occurrence, which will include products, completed operations, and contractual liability coverage. The City of Miami Beach, Florida must be named as an additional insured on this policy. (c) Worker's compensation and employer's liability coverage, as required pursuant to Florida law. 10.2 Consultant must give thirty (30) days prior written notice of cancellation or of substantial modifications in any required insurance coverage. All certificates and endorsements shall contain this requirement. 10.3 Insurance must be furnished by an insurance company rated B+:VI or better, or its equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized to do business in the State of Florida, and countersigned by the company's Florida resident agent. 10.4 Consultant shall provide to the City's Risk Manager, a certificate of insurance (or copy) of all required insurance policies. The City reserves the right to require a certified copy of such policies upon request. 23 285 INDIAN CREEK CEI AGREEMENT ARTICLE 11. INDEMNIFICATION In consideration of the sum of $10.00, and other good and valuable consideration, the receipt thereof which is hereby acknowledged, Consultant agrees to indemnify and hold harmless the City, and its officers, employees, contractors, and agents, from any liabilities, damages, loss, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligent acts, errors or omissions, recklessness, or intentionally wrongful conduct of the Consultant, or its officers, directors, employees, contractors, agents and servants, in the performance of the Services. This Article 11, and Consultant's indemnification, shall survive the tennination or other expiration of the Agreement. ARTICLE 12. VENUE This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. ARTICLE 13. LIMITATION OF LIABILITY 13.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the total amount of the fees paid to Consultant for the Services (as agreed under the Agreement), less any amount(s) paid to Consultant thereunder. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action 24 286 INDIAN CREEK CEI AGREEMENT for breach of contract to be limited to a total amount of the fees for Services (agreed upon under the Agreement), less the amount of any fee(s) actually paid by the City to the Consultant. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement, in an amount in excess of the total amount of fees under this Agreement, which amount shall be reduced by the amount actually paid by the City to Consultant, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City1S liability as set forth in Section 768.28, Florida Statutes. 25 287 INDIAN CREEK CEI AGREEMENT ARTICLE 14. NOTICE 14. All written notices given to City by Consultant shall be addressed to: City Manager's Office clo Assistant City Manager Tim Hemstreet City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 With a copy to: Fernando Vazquez City Engineer Public Works Department City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 All written notices given to the Consultant from the City shall be addressed to: Bermello Ajamil & Partners, Inc. 2601 South Bayshore Drive Miami, Florida 33133 Attn: Gus Quesada All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. 26 288 INDIAN CREEK CEI AGREEMENT ARTICLE 15. MISCELLANEOUS PROVISIONS 15.1 Equal Opportunity Employment Goals: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, disability or sexual orientation and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to sexual orientation, race, color, religion, sex, age, national origin, or disability. 15.2 Public Entity Crimes Act: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a Consultant, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids for the sale or lease of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or sub-Consultant under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this subsection by Consultant shall result in termination of the Agreement, without any liability to the City, and may result in Consultant's debarment. 15.3 No Contingent Fee: Consultant warrants to City that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, City shall have the right to terminate the Agreement, without liability, or, at its 27 289 ---------- INDIAN CREEK CEI AGREEMENT discretion, to deduct from the contract price (or otherwise recover) the full amount of such fee, commission, percentage, gift, or consideration. 15.4 The Consultant represents that it has made and will make reasonable investigation of all sub-Consultants to be utilized in the performance of work or services under the Agreement to determine that they possess the requisite skill, knowledge and experience necessary to enable them to perform the Services (or portion thereof) required. Notwithstanding the preceding, or any other term or condition in this Agreement, Consultant shall not be relieved of primary and sole responsibility for the timely and satisfactory performance of the Services. 15.5 The Consultant shall comply with all applicable federal, State, and County laws; the City of Miami Beach Charter and related laws and the Code of the City of the Miami Beach; as well as and with all applicable rules and regulations promulgated by local, State and national boards, bureaus and agencies, as they relate to the Project or the performance of the Services. 15.6 This Agreement, or any i~terest herein, shall not be assigned, transferred or otherwise encumbered by Consultant, under any circumstances, without the prior written consent of the City. 15.7 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 28 290 INDIAN CREEK CEI AGREEMENT IN wrTNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. At!~ . CITY OF MIAMI BEACH _ CVJA6 ~~. ~f/ ~ CITY CLERK MAYOR Date Attest Print Name Date CONSULTANT BERMELL AJAMIL & PARTNERS, INC. 29 291 President Print Name APPROVED AS TO FORM & LANGUAGE .--..:-FOR EXECUTION INDIAN CREEK CEI AGREEMENT SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND BERMELLO AJAMIL & PARTNERS, INC. SCOPE OF SERVICES FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) WORK INCLUDED IN THE WATER MAINS AND SANITARY SEWER MAINS, AND MILLING AND RESURFACING IMPROVEMENTS ALONG INDIAN CREEK DRfVE BETWEEN 26TH AND 41sT STREETS. The project scope of work includes construction administration services required for the development of the water mains, sanitary sewer mains and milling and resurfacing improvements along Indian Creek Drive between 261h and 41st Streets. Milling and resurfacing is approximately 20,494 square yards of road, 1,213 square yards of sidewalk, 412.5 linear feet of guardrail; the introduction of bulbs-outs and trench drains to facilitate construction of pedestrian ramps complying with ADA standards, the upgrade of existing pedestrian features at intersections with count-down pedestrian signal heads; the upgrade of existing signing and pavement markings; furnishing and installing. precast concrete manholes with frames and covers, and traffic control. The length of the services shown in the cost proposal is seven months. The Consultant will be responsible for management, oversight, administration and quality assurance with respect to all construction, engineering and inspection services, as defined in the Scope of Services and this Agreement. The Consultant shall utilize effective control procedures to assure that the Project General Contractor's (thereinafter the Contractor) Quality Control (QC) plan is effectively and accurately implemented, and that the construction of the Project is in conformity with the Plans, Specifications and Contract Provisions. The Consultant shall monitor construction progress, provide engineering inspection throughout the Project, review, monitor and approve payment requisitions by the contractor(s), provide progress reports and status on the Project, attend and address meetings with City officials, Boards and Neighborhood Groups, approve Requests for Change Orders, maintain files of all documentation and correspondence in an orderly 30 292 INDIAN CREEK CEI AGREEMENT system to be submitted to the City upon completion of the Project. The Consultant shall maintain close coordination with the City and the Contractor in order to minimize rescheduling of Consultants' activities due to construction delays or changes in scheduling of the contractor's activities. The Consultant shall perform the following activities related to the construction administration of the Project. These activities shall be performed for the duration of the construction of the Project. Project Start-up: 1. Pre-Services Meeting -The Consultant shall schedule a kick-off meeting with all key City and Consultant Project personnel within ten (1 0) days after NTP to complete introductions and discuss critical aspects of the job. 2. Pre-QC Meeting -The Consultant will conduct a Contractor Quality Control (QC) pre-construction meeting with representatives from the City's CIP, the Verification Testing laboratory and the Contractor's Quality Control team to review QC specifications, outline testing procedures, establish operational procedures, exchange all contact information and resolve any questions. Consultant shall provide a detailed method for recording test results for easy reporting and analysis. The Contractor will be encouraged to utilize Consultant's system of test results recording and reporting. All test data will be input into Consultant's system for ease of communication to the City. 3. Pre-Construction Meeting -The Pre-Construction Meeting will be conducted in full accordance with FOOT CPAM guidelines. During this meeting, the Consultant and the Contractor will establish a framework for handling issues. At this time, meetings will be scheduled with the individual utilities impacted by the Project, as well as any other affected agencies. 31 293 INDIAN CREEK CEI AGREEMENT 4. Other Pre-Construction Activities-A multi-line check of the earthwork quantities will be completed. A Final Estimates Informational Meeting will be held. Videotaping of pre-construction conditions will be accomplished. Construction Activities: 1. Progress Meeting -The Consultant will conduct and report weekly Progress Meetings with the Contractor, subcontractors, utility owners and third party agencies. Like the Pre-Construction Meeting, this is a very important tool in successfully managing a project. While the main focus of these meetings will be to discuss the Contractor's progress on the Project and future work plan, Consultant will also discuss any issues that may effect or delay the progress of the work and will also discuss any upcoming events or traffic impacts. A discussion of the Contractor's performance win be on the agenda for each Progress Meeting. 2. Monthly Status Progress Reports -Contents of the reports, which will be electronically distributed include: Status of Project activity relative to the Project schedule and recommendations for action; General Project information such as original Project contract days, present Project contract days, original Project contract amount, present Project contract amount, job progress percentage, and job progress chart percentage; Status of supplemental agreements; Delays and reasons for delays; Condition of Maintenance of Traffic (MOT) and Project contract claims. 3. Daily Recording/Monthly Estimates -The Consultant Senior Inspectors and Inspectors assigned to the Project will keep accurate, detailed, objective and complete records of the work being performed. They will complete a Daily Report of Construction for all activities by the Contractor, subcontractor or utility company. Pay quantities representing the work completed will be accurately determined and 32 294 INDIAN CREEK CEI AGREEMENT verified prior to including them in the report. Consultant Project/Office Engineer will review the Inspector's Daily Report of Construction on a daily basis to ensure that pay quantities used are correct. Also, they will perform field reviews as the work progresses to verify the pay quantities paid on the Inspector's Daily Report of Construction. A Monthly Progress Estimate will be generated to support payment to the Contractor. 4. Correspondence/Project Files -All contract records will be classified and filed for future reference. Acting as an extension of City, Consultant office staff will ensure that all letters and memoranda from City, Contractor, and others are acknowledged, filed, distributed, and resolved. 5. Shop Drawings/Submittals -Consultant will receive, log and distribute Shop Drawings, as appropriate, for their review. Consultant will work with the Contractor, City, and others to coordinate timely and effective Shop Drawing reviews. The Engineer of Records shall have fourteen (14) calendar days or the number of calendar days specified in the construction contract, (whichever is lesser) from the date of receipt in its office, to review and return shop drawings to contractor and City's office. Consultant will track this item at all weekly Progress Meetings. 6. Schedule Review and Monitoring -Consultant shall review and monitor construction schedule to deliver the Project on time or before schedule. 7. Public Involvement-Consultant shall work to maintain a responsive, effective and positive public information program and present a positive public image through coordination with City. The Consultant will provide all necessary information and support for the City's PIO . program for the Project. Consultant will closely coordinate activities with the City Public Information Officer. 8. Survey Control -Consultant shall verify the existence location for all benchmarks as required. Consultant will utilize Inspectors who have 33 295 INDIAN CREEK CEI AGREEMENT the capability of performing engineering surveys so that spot checks can be made and immediate action can be implemented. 9. Contractor Quality Control (QC) -Consultant shall initiate effective support of the contractor's QC efforts by hosting the Pre-QC meeting described above. Consultant Inspectors, Senior Inspectors and Project Engineer will work closely with contractor personnel to assist in issues of clarification, training, reporting procedures and/or analysis. Verification Testing will be provided by the Consultant, utilizing the laboratory testing function provided by the City of Miami Beach. 10. Supplemental Agreements (SAs)/Field SAs/\Nork Orders -The Consultant will react quickly to any indication of a changed condition or a Contract change. Our goal is to prevent, mitigate and assist the contractor in the event of a changed condition. We will analyze any changed condition and make a fully documented recommendation to the CIP Construction Project Manager. If the City concurs with the recommendation, a supplemental agreement for unforeseen additional work will be expeditiously initiated and processed. 11. Compliance with EEO/SBE Requirements -The Consultant will assist the City of Miami Beach in monitoring the contractor and Subcontractors' compliance with the contract provisions regarding Equal Employment Opportunity and Affirmative Action, as well as participation of subcontractors, as required by the contract documents. The Consultant will support and assist the function of the City's Compliance Officer. 12. Photographs and Videos -The Consultant shall take electronic pictures and/or video of any situation that may result in a claim, as well as pre-construction conditions, accidents, unsafe working conditions, and unusual construction techniques. 13. As-Built Drawings -The Consultant shall make accurate sketches of field changes and/or scanned electronic as-built records if desired by the City. The Senior Project Engineer will review the as-built plans 34 296 INDIAN CREEK CEI AGREEMENT generated by the contractor and verify accuracy for changes made during construction. Post Construction Activities: After all the contract work is completed and the Project is conditionally or final accepted, The Consultant will follow up with the necessary activities to close out all the Project documentation, enabling the City to certify the Project and present the offer of final payment to the contractor. These activities include: Preparation of the Final Estimate Package, Certification of the Project, final satisfaction of the permit requirements and close out meetings with the Contractor. 35 297 N (Q 00 . SCHEQULE B ·\ . -~1 --~~-PROfESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND BERMELLO AJAMIL & PARTNERS, INC. ITEMIZED SCHEDULE OF COMPENSA TIDN TlUe:___ .L-.--j.~--·---+---·-.. -~---·--------~· -··-·-·-----FDOT portion of the work Included In the Water Maino, Sanitary Sawar Mains and Milling and f:!;~~'--j~:~:.::nu 1mprov11ments along lndiaT~ortv"-~!".:::=ramt 4te_t §rata Pn>r ___ 1 ___ u r---"------·-~ wLoml FIELD OFFICEPERSORNEL NAMEII'QSITION lloa-. =t~-IINov I IDee I ,.n r-· life& . . I ---.. llMar ~--. M~l -n STRAIGI-ff I TOTAL RATE HOURS RATE HOURS RATE HOURS RATE fHOURSII-RATE HOURS RATE HOURS H RATE IHOURii" i-----sALJi.Ry .. i HOURS :~~==~--n~-~~-~~ ::~ ~-= .: :: _,: ::~~: ::~ .:~:: .: -=-~~~ __ 5%J?J An~!!.'?& $27.00 ---~~S27.q~> ___ a S27.oo 1 S27.oa e S27.oo e S27.oo e S27.oo e $1,377.00 ---~ ···I·--~~-~~-~----1---u----1--~1 I--~----~~--I I I I I 1--~-~--~·-H·--~_-_ _:= ===~~r-I Pag111 of1 TOTAL STRAIGHT SALARY SALARY MULTIPLIER FCC ADJUSTEO SALARY DIRECT EXPENSE SUBTOTAL OPERATING MA.RGIN l 2B.OIJOO,i;l_______ I $13.666.52 . .'OTAL!ALARV REI:Al£DC08t~. ~----·· .. ---~-. ----:-:, : --~ • I . $128,842:74 -------------+----l'-----l----f--~--+---l'----+----+---l-----+----l----+---+----1----i ...... ······-.-· .~~------+~~-1 --f--+--~-1---f-·--+-~--+----I ·· ---1--·---· I ·-t-1-------+ 1---i Copy of BA Cost Proposal -Indian Creak Dri¥9 betw9en 261h end 41 sl Streets Project.xls ATTACHMENT B Method of Compensal1on Original Dale: 10/01/2009 Attachment C SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is made and entered into tills __ day of October, 2013, by and between BERMELLO AJAMIL & PARTNERS, INC., a Florida corporation, (hereinafter "BAP") and the CITY OF MIA..MI BEACH, FLORIDA, a municipal corporation (hereinafter, the "CITY"). BAP and the City may also be referred to individually as a "Party", and collectively as the "Parties."1 WHEREAS, the City retained BAP to perfonn professional certified engineer inspection (CEI) services in connection with the Florida Department ofTransportation (FDOT) work included in the water mains and sanitary sewer mains, and milling and resurfacing improvements along Indian Creek Drive between 261h and 41st Streets (hereinafter the "Project"); WHEREAS, pursuant to Resolution# 2009-27169 I RFQ #03-08/09, the CITY entered into an agreement for said CEI services for the Project (the "Contract"); WHEREAS, the Parties desire to settle all claims, disputes, past, present, or future regarding the Project, regardless of responsibility; WHEREAS, during the course of the Project, numerous construction issues arose with respect to water main installation and other additional work, which extended the completion time of the Project. As a result, BAP was required to perform extended CEI services, above and beyond the services contemplated under the Contract; WHEREAS, as a result of a dispute between the Parties as to the value of the additional services provided by BAP on the Project, the Parties to this Settlement Agreement desire to avoid protracted litigation at this time, and compromise and settle claims that have been or could be asserted by and against them upon the terms set forth in this Settlement Agreement; AGREEMENT 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, the Parties agree as follows: 1. R7citals: The above recitals are true and correct and are hereby made a material part of this Agreement and are binding upon the Parties. 1 Wherever used herein, the term "Party" or "Parties" shall include singular and plural, officers, directors, officers, heirs, legal representatives, assigns of individuals, and the successors and assigns of corporations, and the use of any gender shall be held to include every other and all genders, wherever the context so admits or requires. 299 2. Settlement Terms: That the full amount due and owing BAP is $73,000.00, which reflects the total remaining amount due and owing for the Project. No other monies are due and owing BAP. Payment will be made to BAP within thirty (30) days after approval by the City Commission of the Settlement Agreement and execution by the Parties. 3. Consideration; Legal Representation: The Parties acknowledge that this Agreement is adequately supported by consideration and is fair and reasonable. The Parties further acknowledge and agree that: (i) each Party has had the opportunity to consult with, and had in fact consulted with, such professionals, experts and legal counsel of its choice as such Party may have desired with respect to all matters settled and resolved herein; (ii) each Party has participated fully in the negotiation and preparation of this Agreement; (iii) each Party has carefully reviewed this Agreement and is entering into same freely; and (iv) this Settlement Agreement is entered into in good faith and was not obtained by fraud, misrepresentation, or deceit. Accordingly, this Agreement shall not be more strictly construed against any Party. 4. Authority: Each Party represents and warrants to the other that the execution and delivery of this Settlement Agreement has been duly approved by all requisite and corporate or partnership action (as applicable) required to be taken by such Party. 5. Severability: In the event any term or provision of this Settlement Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or shall be construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect, provided that such deletion does not materially adversely affect the interests of any party hereto or the meaning, intent, or purpose of this Agreement. 6. Modification: Waiver: This Agreement may only be modified in writing signed by both Parties. No waiver or modification of the Agreement or of any covenant, condition or limitation contained herein, shall be valid unless in \Vfiting and signed by all Parties to the Agreement, or their authorized counsel. If the CITY excuses or condones any breach or defaulted by BAP of any obligation under this Agreement, this shall not be a waiver of such obligation with respect to any continuing obligation or subsequent breach or default and no such waiver shall be implied. 7. Choice of Law: This Settlement Agreement shall be construed in accordance with the laws of the State of Florida. 8. Venue: Venue for any dispute arising out of, or in connection with, this Settlement Agreement including, without limitation, its interpretation and effect, and any action to enforce any provision contained herein, shall be in a court of competent jurisdiction in and for Miami- Dade County, Florida. 300 9. Entire Agreement: This Settlement Agreement constitutes the full and entire agreement and understanding between the Parties with respect to the subject matter hereof, and there are no agreements, representations or warranties except as specifically set forth herein. The terms of this Settlement Agreement are contractual and not a mere recital. All prior agreement(s) are to be construed to be of no further force or effect, it being the intention of the Parties that this Settlement Agreement shall serve as the sole and entire expression of their agreement and understanding. However, execution by all Parties shall be a condition precedent to the effectiveness of this Agreement as binding against any Party. l 0. Captions and Headings; References: The captions and headings of this Agreement are for the purpose of convenience of reference only and in no way define, limit or describe the scope or intent of the Agreement or in any way affect the terms and conditions of this Agreement. All references in the Agreement to the terms "herein," "hereunder," "hereof' and words of similar import shall refer to this Agreement, as distinguished from the Paragraph, Section and/or Subsection within which such term is located. 13. Counterparts: This Agreement may be executed in counterparts v.-ith the same force and effect as if any signatures appeared on the same document. The Parties further agree that facsimile, digitally transmitted and electronic copies of an original signature shall be accepted as an authentic original signature. ***SIGNATURE PAGES FOLLOW*** 301 -------------------- IN WITNESS WHEREOF, the Parties have set their hands and seals on the day and date first written above. Attest: BERME.·LLO AJr/\ IL & P ARNERS, INC . . ~J ( ' \l \ . kA-;AJ v{d_ )._( · No d_o (/I f2_ --Print N arne STATE OF FLORIDA COUNTY OF MIAMI-DADE Title: President Luis Ajamil Print Name The foresoing instrument was acknowledged before me this CX day of October, 2013, by Al.U~ ft.JIWll L as :PR[;s a::£ JJ r of Bermello Ajamil & Partners, Inc., who is personally known to me or who has p::::aq/~e of identification). (Print Name) Notary Public-State of florida My Commission Expires: 302 --- CITY OF MIAMI BEACH, FLORIDA Attest: Title: --------------------- City Clerk Print Name Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this __ day of May, 2012, by ___________ as of the City of Miami Beach, who is personally known to me or who has produced (type of identification). Name: -------------------(Print N arne) Notary Public-State of Florida My Commission Expires 303 RESOLUTIONS TO BE SUBMITTED 304 THIS PAGE INTENTIONALLY LEFT BLANK 305 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission OfThe City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute Amendment No.5 To The Professional Architectural And Engineering (A/E) Services Agreement Between The City Of Miami Beach, Florida And Wolfberg Alvarez And Partners, For Additional Professional Services For The Flamingo Park Project; In The Negotiated Not-To-Exceed Amount Of $381,261 And An Additional Amount Of $22,000 For Reimbursable Expenses, For A Total Amount Of $403,261; With Previously Appropriated Funding From Fund 390, Miami Dade County Building Better Communities General Obligation Bond Program. Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects, Ensure Well Maintained Facilities, Ensure Safety and Appearance of Building Structures and Sites. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that over 87% and 83% of City residents and businesses respectively, rated the appearance and maintenance of public buildings as excellent or good; and over 81% of residents rated recently completed capital improvement projects as excellent or good. Item Summary/Recommendation: Pursuant to Request for Qualifications (RFQ) No. 15-06/07, the Mayor and City Commission adopted Resolution No. 2007-26609 on September 05, 2007 approved the execution of an Agreement with Wolfberg Alvarez and Partners for Professional Architecture and Engineering Services for the Flamingo Park Project. Wolfberg Alvarez and Partners (WA) was retained to prepare a Master Plan for the Flamingo Park facility on March 27, 2008. The remaining improvements as outlined in the approved Master Plan consist of the Baseball Field renovation with lighting upgrade, new park entrance features, enhanced pedestrian/bike paths, new interactive water feature, teenage activity, pedestrian lighting enhancement, park wide signage, landscaping and irrigation. Lodge renovation, Community Garden and landscaping of current Property Management Facility location is contingent on the construction of the new Property Management Facility and reclamation of these park areas. The scope of work will include any potential drainage improvements as mandated by the authority having jurisdiction but not included in the approved Master Plan. The City requested a proposal from WA for provision of professional services for the remaining scope of work outlined above and further defined in Amendment No. 5. WA will be providing professional services that include planning, design, permitting, bid/award, construction administration and project closeout including a phasing plan for the construction and restoration of all amenities to facilitate continued park use by its patrons. WA presented the City with a fee proposal for the additional professional services. The City was able to reach an agreement in the not-to-exceed amount of $381,261 plus $22,000 for reimbursable costs such as geotechnical and surveying services. The original contract amount approved was $443,000. Amendments 1 through 4 in the amount of $84,166, and this Amendment No. 5 in the amount of $403,261, will bring the total contract amount to $930,427. The fee for basic services. represents approximately 7% of the conceptual level construction budget of $5,673,926, which includes $850,000 projected cost for drainage improvements. The negotiated fee is commensurate with the level of improvements contemplated in the scope of services for this project. The Administration recommends approval of the resolution. Advisory Board Recommendation: Financial Amount Account Information: 1 $403,261 390-2320-061357 0 2 Total $403,261 Financial Impact Summary: islative Trackin Si · t Director City MT \FIJmingo ParK Football Fieid\Wolfberg Alvarez & Pflrt,ers-Amenrlm<mt No 5-Fl Improvements -SUMMARY.doc go Park Parkw1de MIAMI BEACH 306 AGENDA ITEM _C._7:-'F __ DATE /0-/6-/=3 :;;> MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISS ON MEMORANDUM TO: Mayor Matti Herrera Bower and M FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AN CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO.5 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (AlE) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND WOLFBERG ALVAREZ AND PARTNERS, FOR ADDITIONAL PROFESSIONAL SERVICES FOR THE FLAMINGO PARK PROJECT; IN THE NEGOTIATED NOT-TO- EXCEED AMOUNT OF $381,261 AND AN ADDITIONAL AMOUNT OF $22,000 FOR REIMBURSABLE EXPENSES, FOR A TOTAL AMOUNT OF $403,261; WITH PREVIOUSLY APPRO_PRIATED FUNDING FROM FUND 390, MIAMI DADE COUNTY BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding, in the amount of $403,261, is available from the Miami Dade County Building Better Communities General Obligation Bond Program, account 390-2320-061357. BACKGROUND Pursuant to Request for Qualifications (RFQ) No. 15-06/07, the Mayor and City Commission adopted Resolution No. 2007-26609 on September 05, 2007 approved the execution of an Agreement with Wolfberg Alvarez and Partners for Professional Architecture and Engineering Services for the Flamingo Park Project. Wolfberg Alvarez and Partners (WA) was retained to prepare a Master Plan for the Flamingo Park facility on March 27, 2008. On August 6, 2008, the Consultant conducted a community design charrette, wherein five various design options for the Flamingo Park Master Plan was presented. Input from the community was obtained and the Consultant developed an additional two (2) Master Plan options, and subsequently presented several options during the November 6, 2008 Community Design Workshop (COW). The City Commission approved "Option L" of the Master Plans at its September 09, 2009 meeting and the Basis of Design Report (BOOR) issued November 2009. The Flamingo Park Master Plan was approved at the Historic Preservation Board meeting of November 7, 2010. ANALYSIS The BOOR issued November 2009 included the Master Plan and the conceptual design for the new Tennis Center. WA completed the design for the Tennis Center and the construction of this project is now complete. 307 Commission Memorandum -Wolfberg Alvarez and Partners-Amendment No. 5-Flamingo Park October 16, 2013 Page 2 of2 The Football Fieldrrrack renovation and the Handball Courts renovation scope of work were packaged as separate projects designed by other consultants. The Football Fieldrrrack project is currently in construction and the Handball Court project is in the permit phase. The remaining improvements as outlined in the approved Master Plan consist of the Baseball Field renovation with lighting upgrade, new park entrance features, enhanced pedestrian/bike paths, new interactive water feature, teenage activity, pedestrian lighting enhancement, park wide signage, landscaping and irrigation. Lodge renovation, Community Garden and landscaping of current Property Management Facility location is contingent on the construction of the new Property Management Facility and reclamation of these park areas. The scope of work will include any potential drainage improvements as mandated by the authority having jurisdiction but not included in the approved Master Plan. The City requested a proposal from WA for provision of professional services for the remaining scope of work outlined above and further defined in Amendment no. 5 (attached). WA will be providing professional services that include planning, design, permitting, bid/award, construction administration and project closeout including a phasing plan for the construction and restoration of all amenities to facilitate continued park use by its patrons. WA presented the City with a fee proposal for the additional professional services. The City was able to reach an agreement in the not-to-exceed amount of $381,261 plus $22,000 for reimbursable costs such as geotechnical and surveying services. The original contract amount approved was $443,000. Amendments 1 through 4 in the amountof$84, 166, and this Amendment No.5 in the amountof$403,261, will bring the total contract amount to $930,427. The fee for basic services, represents approximately 7% of the conceptual level construction budget of $5,673,926, which includes $850,000 projected cost for drainage improvements. The negotiated fee is commensurate with the level of improvements contemplated in the scope of services for this project. Staff recommends that WA provide the required services since the firm participated in various Community Design Workshops for the development and approval of the Master Plan for this 36 acre park. In addition, they bring valuable project experience because of their understanding of existing site conditions as well as an understanding of the community's needs. CONCLUSION The Administration recommends that the Mayor and City Commission approve and authorize the Mayor and City Clerk to execute Amendment No. 5 to the existing professional services Agreement with Wolfberg Alvarez and Partners, for the Flamingo Park Project, in the amount of $403,261, from previously appropriated funding from fund 390, Miami Dade County Building Better Communities Bond Program. Attachment: Amendment No. 5 J LM\MT\DM\MER T:\AGENDA\2013\0ctober 16\Fiamingo Park Football Field\Wolfberg Alvarez & Partners-Amendment No 5-Flamingo Park Parkwide Improvements-MEMO.doc 308 AMENDMENT NO. 5 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (AlE) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND WOLFBERG ALVAREZ AND PARTNERS, DATED MARCH 27TH, 2008, FOR THE PROVISION OF ADDITIONAL PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE FLAMINGO PARK PROJECT IN THE AMOUNT OF $403,261. This Amendment No. 5 to the Agreement made and entered this day of __ , 2013, by and between the CITY OF M lAM I BEACH, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and WOLFBERG ALVAREZ AND PARTNERS, a Florida corporation, having its offices at 3225 Aviation Avenue, Suite 400, Miami, 33133 (hereinafter referred to as Consultant). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 15-06/07, the Mayor and City Commission adopted Resolution No. 2007-26609 on September 05, 2007, approving and authorizing the Mayor and City Clerk to execute an Agreement with Wolfberg Alvarez and Partners for Professional Architecture and Engineering Services for the Flamingo Park Project (the Agreement); and WHEREAS, the Agreement provides for the detailed planning, design, permitting, bidding I award and construction administration services for the Project; and WHEREAS, the Agreement was executed for a not-to-exceed amount of $443,000.00; and WHEREAS, on December 27, 2010, Amendment No. 1 was executed in the amount of $77,720 for additional architectural and engineering services associated with revisions to Master Plan and Tennis Center; and WHEREAS, on March 20, 2012, Amendment No. 2 was executed in the amount of $1 ,528, for the provision of additional architectural and engineering services associated with the relocation of the proposed FPL transformer and associated revisions to the electrical room; and WHEREAS, on October 2, 2012 , Amendment No. 3 was executed in the amount of $2,902 for the partial re-design of the Tennis Center building structure due to an unforeseen existing underground utility duct bank; and WHEREAS, on August 15, 2013, Amendment No.4 was executed in the amount of $2,016 for additional architectural and engineering services associated with the design of the structural support of the ornamental sphere to be installed in the landscape planter on the west side of the Tennis Center building; and WHEREAS, this Amendment No. 5 to the Agreement is for additional architectural and engineering services associated with the design of the remaining park wide improvements which consist of a Community Garden, Baseball Field renovation, Lodge renovation, new park entrance, Page 1 of3 Wo/fberg Alvarez Amendment No 5 -Parkwide Improvements 309 enhanced pedestrian/bike paths, new interactive water feature, teenage activity, lighting enhancement, signage, drainage, landscaping and irrigation; and WHEREAS, the aforestated work as set forth in the following Amendment No.5 is for the not-to-exceed amount of $403,261; NOW, THEREFORE. the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No.5. 2. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 3. RATIFICATION. The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No.5. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH City Clerk Mayor ATTEST: CONSULTANT: WOLFBERG ALVAREZ & PARTNERS Signature: Signature Print Name I Title Print Name I Title ATTACHMENTS: Schedule A-5 -Scope of NE Services Page 2 of3 Wolfberg Alvarez Amendment No 5 -Parkwide Improvements 310 ---------------·-···-·---------·----------- SCHEDULE "A-5" SCOPE OF SERVICES Schedule "A" entitled, "Scope of Services", is amended as follows: Task 5.4-Additional Design Services: For the provision of additional architectural and engineering services related to the design of the remaining park wide improvements which consists of a Community Garden, Baseball Field renovation, Lodge renovation, new park entrance, enhanced pedestrian/bike paths, new interactive water feature, teenage activity, lighting enhancement. signage, drainage, landscaping and irrigation. PAYMENT AND COMPENSATION The method for calculating the fees for the aforementioned proposed professional architectural and engineering services is established in Schedule C; "Hourly Billing Rates", of the Professional Services Agreement for the Planning, Design, Bid, Award, and Construction Administration Services for the Flamingo Park Project (the Agreement). The total fee proposed for this Scope of Work is $403,261. Invoicing will be paid in a percentage of work after the services are completed and based on hourly rates as defined in the current agreement between Wolfberg Alvarez and Partners and the City of Miami Beach. COMPENSATION • Original Agreement amount $443,000.00. • Amendment No. 1: For the provision of additional architectural and engineering services associated with revisions to the master plan and tennis center in the amount of $77,720. • Amendment No. 2: For the provision of additional architectural and engineering services associated with the relocation of the proposed FPL transformer and associated revisions to the electrical room in the amount of $1,528. • Amendment No.3: For the partial re-design of the Tennis Center building structure due to an unforeseen existing underground utility duct bank in the amount of $2,902. • Amendment No.4: For additional architectural and engineering services associated with the design of the structural support of the ornamental sphere to be installed in the landscape planter on the west side of the Tennis Center building in the amount of $2,016. • Amendment No.5: For additional architectural and engineering services associated with the design of the remaining park wide improvements which include a Community Garden, Baseball Field renovation, Lodge renovation, new park entrance, enhanced pedestrian/bike paths, new interactive water feature, lighting enhancement, signage, drainage, landscaping and irrigation, in the amount of $403,261. • Revised Agreement amount $930,427. Attachment: WA proposal dated October 3, 2013 Page 3of3 Wolfberg Alvarez Amendment No 5 -Parkwide Improvements 311 October 3, 2013 Ms. Matilde E. Reyes, R.A. Senior Project Coordinator City of Miami Beach Capital hnprovements Projects Office I 700 Convention Center Drive Miami Beach, FL 33139 RE: Flamingo Park W A Project No.: 280 I 000 Subj: Proposal for Miscellaneous Projects Dear Ms. Reyes: Pursuant to our meeting held on January 28'h, 2011 at C.I.P.'s offices, and your subsequent request, following is our Proposal for professional services for each of the tasks outlined therein. As per our meeting on October 3, 20 I I, the project will be broken out into two (2) phases as follows: PHASE 1 -PROJECT SPECIFIC SCOPE OF WORK • Baseball Field: Budget: $262,500.00 Lighting ($125,000.00)-The sports lighting is deficient and requires upgrades. An analysis shall be performed to modify, replace and/or upgrade the existing lighting fixtures. Due to budget constraints, as much of the existing infrastructure (raceways, wiring), including the concrete poles are to be retained. This task is to upgrade and may not result in ultimate desired performance lighting. Batting Cages($ included above)-Replace the existing batting cages with new chain link cages and screening. Install new storm drainage in the area of the batting cages only. Renovate Restrooms ($65,000.00) -Renovate reslrooms with new plumbing fixtures, new finishes, new lighting, patch exterior stucco and repaint exteriors. Include as many non-structural accessibility upgrades as permitted by the budget. It shall be noted that F.B.C. -Section 403/Minimum Plumbing Facilities, under Assembly A.S Occupancy has specific requirements for minimum fixture counts for bleachers and grandstands for outdoor sporting events. At this time, an analysis to determine if these requirements are satisfied with the existing conditions and/or with the new accessible compliant configuration has not been perfonned. The above-noted is for new construction. In other areas of the Code, specifically 11- 4.1.6/Accessible Buildings: Alterations, there are passages wherein the Code recognizes thai there are conditions where it is "Technically Infeasible" due to existing structural conditions which ,-. . WOLFBERGALVAREZ.COM f,. ;:: : 312 ., '• Flamingo Park Miscellaneous Projects City of Miami Beach October 3, 2013 Page 2 of5 would affect the structural integrity of the building or because of other physical constraints to satisfy Code requirements. Our Proposal includes services associated with interior, non structural scope of work only. It is prcdicnted on the removal of total fixture counts as necessary to satisfy accessibility requirements. Sec nttached F. B.C. (Exhibits). Box Office ($72,500.00)-Provide accessibility upgrades to the stadium seating area consisting of an accessible route (ramp), cosmetic upgrades including stucco patching and repainting and new light fixtures. Remove asphalt mound stadium seating and replace with landscaping. • New Rest rooms (replaces Softball fie_lg Rt:~sti"QQITI§.): Budget: $0.00 Per the City's request, this work has be assigned to another consultant, and is not included in this Proposal. • New Entrances and E11hrrnc~_d. e~destrian Ways: Budget: $181,000.00 Erect new park entry features to be located at Jefferson and 11 111 Street, 13 111 and Meridian mtd at 13 111 and Michigan Avenue. W A shall prepare conceptual design(s) for presentation to the City and prepare construction documents of selected scheme. It is intended that all three (3) features be the same. Enhance existing concrete pathways by enhancing directly adjacent landscaped areas (approximately I 0' on either side) and introducing pre-manufactured seating and miscellaneous site furniture. New enst-west concrete pedestrian pathway located in no1thern quadrant of park. New concrete east-west pedestrian pathway extension located in the northern most edge of the park. New "plaza" to be located between pool building and Tennis Center. Plaza shall consist of concrete pavers and concrete bands. • New Park Center Water Featme: Budget: $200,000.00 New interactive water feature (splash pad) located in the center of the park with seating, hardscapc furniture and landscaping upgrades. This feature is considered a Public Bathing Place and will require Dade County Health Department (D.O.H.) approval. Confirmation of 0.0.1-1. requirements shall be addressed prior to commencement of design to confirm if public restroom facilities required satisfy the proximity requirements. 3225 AVIATION AVE., SUITE 400 I MIAMI, FL 331331 V 305-666-54741 AA 0002416 EB 0002354 313 Flamingo Park Miscellaneous Projects City of Miami Beach October 3, 2013 Page 3 of 5 • New Teenage Activity Area: Allowance: $50,000.00 Per the City's request, an allowance is included in this Proposal as the scope has not yet been defined. • Park Wide Improvements: Budget: $2,195,000.00 Lighting Enhancements ($500,000.00) Provide park wide lighting enhancements, pm1icularly in pedestrian pathways, including electrical service and automated control(s). (Sp011s lighting and enhancements of existing individual buildings is not included herein.) Signage Program ($70,000.00) Develop new park wide signage, including directional, building name, venue, accessibility routing, hours of operation, and monumental signage in concert with new entry features described above. Landscaping Improvements ($500,000.00) The landscape scope of services shall consist of site analysis which will include a visual reconnaissance to serve as a basis for design, an existing tree inventory documenting tree species, size, caliper, condition and disposition to meet the City of Miami Beach and Miami-Dade County DERM requirements and identification of potential opportunities and constraints. A Conceptual Landscape Plan shall be prepared that conveys overall design intent to be reviewed and approved by the City. Once the Conceptual Plan is approved, a detailed Landscape Plan will be prepared that defines the location, variety, size quality and quantity of all proposed vegetation. The landscape plan will incorporate Florida-Friendly design principles. Irrigation Improvements for approximately II acres ($4 75,000.00) The irrigation scope of services shall include assessing the existing condition of the iiTigation systems on site with City staff and preparing a detailed irrigation plan. The areas to receive new irrigation are the baseball, softball and soccer fields, the open field north of the new tennis center, the north-south and east-west pedestrian promenades, the new dog park, community garden, area surrounding the nmning track, and area surrounding the restored Historic "Lodge" Building. Per meeting on l 0-03-13, the areas around the running track and football field are excluded. The irrigation shall be tied into an existing city water source and a booster pump will be required. It shall be a conventional system designed as a typical block valve type using spray and rotors sprinklers, solenoid valves, control system and water conservation equipment. lt shoJI be designed to meet the City of Miomi Bench standard irrigation specifications. 3225 AVIATION AVE., SUITE 400 I MIAMI, FL 331331 V 305-666-54741 AA 0002416 EB 0002354 314 Flamingo Park Miscellaneous Projects City of Miami Beach October 3, 20 13 Page 4 of5 Perimeter Estate Fencing ($650,000.00) Complete perimeter estate fencing to the extent depicted in the approved Master Plan. The fence design shall be the same as recently installed on the south side of the park and shall be coordinated. • Bike Path: Budget: $18,000.00 A new bike path located on Michigan Avenue between ll 1h and 12 Streets and directly west of the New Boys' and Girls' Club Building (Sidewalkffeen Plaza). • Park Wide Drainage Improvements: Budget: $850,000.00 As per our meeting on I 0-03-13, the project is to include drainage improvements thru-out the park (excluding the football field, existing parking lot, and the Flamingo Park Tennis Center). While the specific scope of work is not determined at this time, it is anticipated that the new drainage system will include drainage disposal wells. PHASE 2 -PROJECT SPECIFIC SCOPE OF WORK • Community Garden: Budget: $37,500.00 Design a new community garden to be located on the Michigan A venue side, adjacent to 13 1h Street. The garden is envisioned to provide the community the resources to plant their individual crops. To enhAnce the experience, the garden will also house a pre-fabricated bird bath, pedestrian pAthways, seating benches and garbage disposal containers and a small trellis to provide some relief from the sun. • MAintenance/Property Management Facility: Budget: $75,000.00 Demolish the existing building, outdoor storage, sheds, asphalt pavement and perimeter gate and fencing. Reconstitute the area, landscape and irrigate. Prep the area for use as the Community Garden Project. • Lodge Renovation: Budget: An allowance of $125,000.00 The program for the required spaces/use is presently not defined. However, the scope is predominantly to incorporate interior renovations with electrical and mechanica I upgmdcs as necessAry. The existing wood ramp is to be replaced with a permanent, code compliant ramp. No scope of work is included for the "shell'" of the building. 3225 AVIATION AVE .• SUITE 400 I MIAMI, FL 33133 IV 305-666-54741 AA 0002416 EB 0002354 315 Flamingo Park Miscellaneous Projects City of Miami Beach October 3, 2013 Page 5 of5 QUALIFICATIONS a. As elarifiecl in the meetiflg held ftt CIP'seffiees-en G2/l6lll, Publie Werlts Master Drainage pregmm is-ttet-ntWA-t\eed-e-Hough to ineorpoFHte their work in tkis J'lFejeet. It was alse netee that the BOOR aru4 the een·esfJonEiing eonstruetion bUE!get tlo 11et eover fJHrh wide erainage--itflpreverHents whieh are limited to the area aEijaeent to the batting eage;-as-ttolecl abo·,·e. b. Per our meeting on I 0-03-13, the above-noted scope of work will be prepared by W A as two (2) separate phases and issued as two (2) separate sets of construction documents for permitting. The fees indicated in Schedule B for bidding and construction administration remain as a single project to be built at the same time. e. The previously prepared and approved Flamingo Park Master Plan -Basis of Design Rep01t (B.O.D.R.), dated November, 2009 was the basis used to develop and expand on the scope of work and individual projects noted above. The budget figures were also obtained from the B.O.D.R. and were based on preliminary information available at the time. The achml construction costs will depend on the final scopes, site conditions, design and competitive market conditions. d. The recently revised General Conditions require the Contractor to hold weekly constmction meetings. It is our opinion that ou•· attendance will suffice on a bi-weekly schedule for these projects. Accordingly, our Proposal reflects nn 8-month construction duration with bi-weekly meeting attendance. We thank you for this opportunity and trust you concur with our Proposal. However, should it be necessary please feel free to contact our oftice. ·ely, ~ I \J(._.. Marc~ R. Morlote, AlA Senid1 Vice President MRM/nl cc: Julio E. Alvarez-\VA Attachment 3225 AVIATION AVE., SUITE 400 I MIAMI, FL 331331 V 305-666-54741 AA 0002416 EB 0002354 316 SCHEDULE B. I lNDIVIDUAL PROJECT FEE ALLOCATION The following breakdown is an allocation of professional fees for each individual project. The purpose is to facilitate, at the City's option, the deletion of a pat1icularly project and have an agreed-to fee reduction. Inasmuch as certain tasks, predominantly Planning, Bidding and Award and Construction Phase Services have to be perfom1ed for the remainder of the projects regardless of some projects removed from the design scope, minimal credit is extended for these tasks. Baseball Field Demolition of Maintenance I Property Management: Lodge Renovation: Entrances and Pathways: Park Wide Improvements: Community Garden: Bike Path: [nteractive Water Feature (Splash Pad): Landscape and Irrigation: Grading and Drainage Improvements (Allowance): Teenage Activity Center (Allowance): 317 $45,000.00 $8,000.00 $37,500.00 $27,500.00 $30,000.00 $5,000.00 $1,500.00 $22,000.00 $70,000.00 $75,000.00 $25,000.00 WOLFBERG ALVAREZANO PARTNERS SCHEDULE 8 Octobe-r Jf 21J1.2 CI'IY GF MIAMI BEACH FLAMINGO PARK· MISC. PROJECTS CONSULTANT'S COMPENSATION FEE SCHEDULE HC)_(Io, 1ASKHO. 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PROJECTS CONSULTANT'S COMPENSATION FEE SCHEDULE PltOJICl IA'.t.OO..J t:NOIPWIE:A:I Sl.Vf 4ACH1Dmi 4RG'MJPGJ f!QNfU 111 , .. .., 3:':~ ~ ;-J;'~"J ~:·{l,'\1 ~ 11, ' ~'U ~·\1'-f ,.,-, DESIGNER ........ ClERICAL 101Altt0llftl lOT~\. COlT ro:~:e" 1 .. ll.OOO . .qtl ti!J90.00 .. ~...-.!L. l2.C(JOOO ,!1,00000 f!_O,OOO.OO 1!1.~00 170 "'' ,. I us• I i•t-I..UUII I U(ij,~f,UO: ~·..-..1 S"'-1-'K RESOLUTION TO BE SUBMITTED 320 THIS PAGE INTENTIONALLY LEFT BLANK 321 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Professional Services Agreement With Coastal Systems International, Inc. For Supplemental Construction Administration Services, For The Beachwalk II-Phase I Project; In The Negotiated Not To Exceed Amount Of $49,360; With Previously Appropriated Funding In The Amount Of $49,360 From Fund 389, South Pointe Capital Fund And Ratifying The Additional Professional Services Provided By The Consultant During The Design Phase In The Amount Of $35,590 Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects, Ensure Well Maintained Facilities, Ensure Safety and Appearance of Buildinq Structures and Sites. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that over 87% and 83% of City residents and businesses respectively, rated the appearance and maintenance of public buildings as excellent or good; and over 81% of residents rated recently completed capital improvement projects as excellent or good. Item Summary/Recommendation: On January 17, 2007, the City Commission adopted Resolution No. 2007-26438 approving an agreement for Professional Services, to the firm Coastal Systems International, Inc. (CSI) for the design, permitting, bid, award and construction administration services of the Atlantic Greenway Network "Beachwalk II" (PROJECT) in the amount of $486,731. CSI shall perform the duties and responsibilities to supplement the Construction Administration Services for the Project, which include general coordination and communication with the City and the Contractor; attend and participate in the Pre-Construction Meeting with the City as well as all project progress meetings; conduct field inspections on a daily basis throughout the course of the project; prepare daily reports; provide photographic records of construction activities; review materials and workmanship of the project and report to the City any deviations from the Contract Documents; monitor delivery of materials to the job site; review shop drawings; issue non-compliance notices when required; identify any existing facilities damaged by the Contractor; perform independent review of any change orders submitted by the Contractor; monitor progress of construction and ensure the Contractor's adherence to the schedule; verify pay requisition quantities and sign off on all pay requisitions; coordinate various tests for quality control of the project; monitor record drawing mark-ups; recognize hazards while in the normal conduct of onsite business; review and monitor the Contractor's adherence to an acceptable quality control program; verify compliance with the Maintenance of Traffic (MOT) plan in the field; attend "walk-through" inspections of the work; attend and participate in a final completion walk-through and inspection. The original contract amount for the Professional Services is $486,731. The negotiated price submitted by CSI for the above services in the amount of $49,360 has been reviewed by City staff and found to be fair and reasonable. The total amount to date for this agreement is $522,321, which includes $35,590 for the additional professional services provided by the consultant during the design phase of the project. The Administration recommends approval of the resolution. Advisory Board Recommendation: Financial Amount Account Information: 1 $49,360 389-2541-06135 7 • 2 Total $49,360 Financial Impact Summary: Cit Clerk's Office Le islative Trackin David Martinez, Ext. 6972 Si n-Offs: Acting Depa istant City Manager I City ~----~~o~·~~HL------~~~~~~inancia~I~Off~i~ce=r~--4-------~~-4~~---------1 OM MT JLM Coastal Amendme MIAMI BEACH 322 AGENDA ITEM (; 7 6- DATE /0-/{,-/3 -------·-------------- C9 MIAMIBEACH City of Miami Beach, 1700 Conven~ion Cen~er Drive, Miami Beach, Florida 33139, W\WI.miamibeachll.gov N MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH COASTAL SYSTEMS INTERNATIONAL, INC. FOR SUPPLEMENTAL CONSTRUCTION ADMINISTRATION SERVICES, FOR THE BEACHWALK II-PHASE I PROJECT; IN THE NEGOTIATED AMOUNT OF $48,360 AND AN ADDITIONAL AMOUNT OF $1,000 FOR REIMBURSABLE EXPENSES, FOR A TOTAL NOT TO EXCEED AMOUNT OF $49,360; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $49,360 FROM FUND 389, SOUTH POINTE CAPITAL FUND AND RATIFYING THE ADDITIONAL PROFESSIONAL SERVICES PROVIDED BY THE CONSULTANT DURING THE DESIGN PHASE IN THE AMOUNT OF $35,590 ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding in the amount of $49,360 has been previously appropriated from Fund 389, South Pointe Capital Fund. BACKGROUND On January 17, 2007, the City Commission adopted Resolution No. 2007-26438 approving an agreement for Professional Services, to the firm Coastal Systems International, Inc. (CSI) for the design, permitting, bid, award and construction administration services of the Atlantic Greenway Network "Beachwalk II" (PROJECT) in the amount of $486,731. The Beachwalk II, Phase I, from South Pointe Drive to Third Street, will establish a link from Marjory Stoneman Douglas Ocean Beach Park to South Pointe Drive, which connects to South Pointe Park. On July 17, 2013, the City Commission approved the award of a construction contract to Team Contracting, Inc., in the amount of $1,396,438 for the construction of the Beachwalk II, Phase I project. The First Notice to Proceed was issued on September 9, 2013. ANALYSIS CSI shall perform the duties and responsibilities to supplement the Construction Administration Services for the Project, which include general coordination and communication with the City and the Contractor; attend and participate in the Pre-Construction Meeting with the City as well as all project progress meetings; conduct field inspections on a daily basis throughout the course of the project; prepare daily reports; provide photographic records of construction activities; review materials and workmanship of the project and report to the City any deviations 323 Commission Memorandum-Coastal Systems International Inc. Amendment 4 for Beachwalk II, Phase I Project October 16, 2013 Page 2 of2 from the Contract Documents; monitor delivery of materials to the job site; review shop drawings; issue non-compliance notices when required; identify any existing facilities damaged by the Contractor; perform independent review of any change orders submitted by the Contractor; monitor progress of construction and ensure the Contractor's adherence to the schedule; verify pay requisition quantities and sign off on all pay requisitions; coordinate various tests for quality control of the project; monitor record drawing mark-ups; recognize hazards while in the normal conduct of onsite business; review and monitor the Contractor's adherence to an acceptable quality control program; verify compliance with the Maintenance of Traffic (MOT) plan in the field; attend "walk-through" inspections of the work; attend and participate in a final completion walk-through and inspection. As one of the leading engineering and design consultants, CSI provides expertise in a diverse range of specialized areas including construction management and administration services, project controls, etc. for projects that are environmentally sensitive in nature. CSI has been successful in providing the required support to the City in securing the required environmental permits and in resolving the extensive accessibility and code requirements in the Construction Documents. It would be a benefit to the City to retain CSI for the additional required services due to their familiarity and in-depth knowledge of the design, permitting requirements, and environmentally sensitive nature of the project. The original contract amount for the Professional Services is $486,731. The negotiated price submitted by CSI for the above services in the amount of $49,360 has been reviewed by City staff and found to be fair and reasonable. The total amount to date for this agreement is $522,321, which includes $35,590 for the additional professional services provided by the consultant during the design phase of the project. CONCLUSION: The Administration recommends that a Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and authorizing the Mayor and City Clerk to execute Amendment No. 1 to the Professional Services Agreement with Coastal Systems International, Inc. for supplemental construction administration services, for the Beachwalk II, Phase I from South Pointe Drive to third street Project; in the negotiated not to exceed amount of $49,360; with previously appropriated funding in the amount of $49,360 from Fund 389, South Pointe Capital Fund and ratifying the additional professional services provided by the consultant during the design phase in the amount of $35,590. JLM\MT\DM\MER\JV ATTACHMENTS: Coastal Systems International, Inc. Amendment No. 1 T:,_i'\GEND!II2013\0ctoter 16\Bee~d·wal~. II Pllase 1\Beacrwalk il Ph<~se 1 -Coastal A0Cendmc1: 7 -MEr1IO.docx 324 AMENDMENT NO. 1 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (AlE) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND COASTAL SYSTEMS INTERNATIONAL, INC., DATED JANUARY 171 H, 2007, FOR THE PROVISION OF SUPPLEMENTAL CONSTRUCTION ADMINISTRATION SERVICES FOR THE BEACHWALK II PROJECT IN THE AMOUNT OF $49,360 This Amendment No. 1 to the Agreement made and entered this day of _, 2013, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and COASTAL SYSTEMS INTERNATIONAL, INC., a Florida corporation, having its offices at 464 South Dixie Highway, Coral Gables, FL 33146 (hereinafter referred to as Consultant). RECITALS WHEREAS, pursuant to Request for Qualifications {RFQ) No. 08-05/06, the Mayor and City Commission approved the City Manager's recommendation relative to the RFQ, and authorized the Administration to negotiate with the top ranked proposer, Coastal Systems International (CSI); and WHEREAS, the Administration recommended that the Mayor and the City Commission approve and authorize the Mayor and City Clerk to execute a Professional Services Agreement with CSI, in the amount of $486,731, for the design, engineering, permitting, and construction administration services for the Beachwalk II Project (PROJECT); and WHEREAS, the Agreement provides for the design, permitting, bidding I award and construction administration services far the Project: and WHEREAS, ratifying additional services approved to coordinate approval for the Florida Department of Environmental Protection (FDEP) permit, the Environmental Resource Permit (ERP) required for the associated storm water drainage structures proposed as part of for the Sunrise Pedestrian Connection between the Southern Terminus of the Beachwalk II project and 100 South Pointe Drive property, and to provide digital renderings for the community meeting with Beachwalk II, Phase II (proposed between Marjory Stoneman Douglass Park and 51h Street) riparian owners in the total amount of $35,590; and WHEREAS, this Amendment No. 1 to the Agreement is for supplemental construction administration services that include general coordination and communication with the City and the Contractor; attend and participate in the Pre-Construction Meeting with the City as well as all project progress meetings; conduct field inspections on a daily basis throughout the course of the project; prepare daily reports; provide photographic records of construction activities; review materials and workmanship of the project and report to the City any deviations from the Contract Documents; monitor delivery of materials to the job site; review shop drawings; issue non-compliance notices when required; identify any existing facilities damaged by the Contractor; perform independent review of any change orders submitted by the Contractor; monitor progress of construction and ensure the Contractor's adherence to the schedule; verify pay requisition quantities and sign off on all pay Page 1 of 3 Coastal Amendment No 1 -Beachwalk II 325 requisitions; coordinate various tests for quality control of the project; monitor record drawing mark- ups; recognize hazards while in the normal conduct of onsite business; review and monitor the Contractor's adherence to an acceptable quality control program; verify compliance with the Maintenance of Traffic (MOT) plan in the field; attend "walk-through" inspections of the work; attend and participate in a final completion walk-through and inspection; and WHEREAS, the foretasted work as set forth in the following Amendment No.1 is for a not to exceed amount of $49,360; and NOW, THEREFORE. the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 1. 2. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 3. RATIFICATION. The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No.1. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATIEST: City Clerk ATTEST: Signature: Print Name I Title Page 2of3 Coastal Amendment No 1 -Beachwalk II CITY OF MIAMI BEACH Mayor CONSULTANT: COASTAL SYSTEMS INTERNATIONAL, INC. Signature Print Name I Title 326 Page 3of3 Coastal Amendment No 1 -Beachwalk II --------- SCHEDULE "A-1" SCOPE OF SERVICES (See Attached} 327 248600 SCHEDULE "A"· SCOPE OF SERVICES CITY OF MIAMI BEACH BEACHWALK II-PHASE I (From South Point Drive to 3rd Street) Amendment No.1 -August 81 2013 The following is an addendum to the original Scope of Work to be provided by the Coastal Systems International, Inc. (Consultant) team for the City of Miami Beach (City) relative to the proposed "Beachwalk II" Phase I from South Point Park to 3rd Street Project (Project). The task numbers are sequential to the original contract. CONSULTING SERVICES PART 3.3-SUPPLEMENTAL CONSTRUCTION ADMINSTRATION-PHASE I Supplemental Construction Administration Services: The CONSULTANT will provide Supplemental Construction Administration services to assist the City during construction of Phase I over the estimated six (6) month duration of construction until final completion. These services will supplement the construction administration services being provided by both The CONSULTANT and the sub-consultants, as well as construction management services provided by the City. The following Supplemental Construction Administration Services will be provided by The CONSULTANT: -1- 328 248600 3.3.1 General Coordination and Contract Administration: The CONSULTANT will communicate daily or periodically with the City related to progress on the project and any issues that are being addressed. The CONSULTANT will report on concerns as it relates to the construction effort and activities. In addition, The CONSULTANT shall also coordinate with the contractor's Public Information Officer where notifications such as utility outages, road closures, etc. may be required. The CONSULTANT will monitor and verify that the Contractor has made the required notifications to the utility owners, residents and businesses as may be required. • Liaison: Serve as Engineer's liaison with Contractor, working principally through Contractor's authorized representative, assist in providing information regarding the intent of the Contract Documents. Assist Engineer in serving as City's liaison with Contractor when • Contractor's operations affect City on-Site operations. Assist in obtaining from City additional details or information, when • required for proper execution of the Work. • Records: Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. Maintain records for use in preparing Project documentation. • Schedule: The CONSULTANT will review and familiarize themselves with the construction schedule, monitor the progress of construction, and ensure that Contractor's adherence to the schedule. The Contractor will be required to submit a detailed schedule to The CONSULTANT at the pre-construction meeting. This schedule will be reviewed and approved by The CONSULTANT -2- 329 248600 and the City. This schedule will be updated on a by weekly basis by the Contractor; however, The CONSULTANT will be responsible for reviewing the Contractor's schedule to confirm accuracy of the work activities completed. Analysis of the Contractor schedule will be on the basis of planned versus actual costs for the month and construction contract to date. Consultant shall verify that the Contractor is uploading approved schedule and schedule updates to the City's E-Builder document management system. 3.3.2 Resident Information Meetings: The CONSULTANT will be expected to attend, address residents concerns, participate, produce meeting minutes, and take a lead role in Resident Information Meetings with the City for the Project. Three (3) meetings are budgeted. 3.3.3 Photographic Record: The CONSULTANT shall provide a photographic record of the overall progress of construction, beginning with preconstruction documentation, following with on-going construction documentation, and ending with post-construction documentation. Photographs shall be digital snapshot type take to define the progress of the project and shall be filed electronically by month in the City's E-Builder document management system, labeled by date, time and location. The CONSULTANT will upload all photos to the E-Builder document management system on a weekly basis. 3.3.4 Site Visits, Bi-Weekly Meetings and Daily Reports • Bi-Weekly Construction Progress Meetings: The CONSULTANT shall attend, participate, and take a lead role in bi-weekly construction project meetings with the City and Contractor of the Project. These meetings will serve as forums to review the status of construction progress, discuss construction issues, discuss -3- 330 248600 schedule and/or cost concerns, discuss potential changes or conflicts, review the status of shop drawing submittals and Construction Document clarifications and interpretations, and to resolve problems before they become critical. Consultant shall prepare bi-weekly meeting minutes and distribute to all meeting attendees, review the two week look ahead provided by the Contractor and provide comments or objections to written statements within the specified timeframe. The CONSULTANT will prepare detailed bi-weekly reports that describe the construction activities, progress, incidents and issues that have occurred on the construction site and distribute to the attendees in advance of the bi-weekly construction progress meetings. • Site Visits: The CONSULTANT shall conduct field investigations throughout the construction phase of the project. These CONSULT ANT services are limited to not more than six (6) months (183 calendar days) in duration (including 30 days after substantial completion date) in as needed basis. The CONSULTANT shall be present at the construction site daily during the construction phase of the project and will be expected to be available, as needed, throughout the CONTRACTOR's 8-hour work day, 40-hour work week, excluding weekends and City holidays. Any work outside the specified work week will be invoiced to the City on a time/materials basis per the rates in Schedule C. The CONSULTANT's on-site typical workday shall begin at or about 8:00AM and end at or about 5:00 PM for an average of 25 hours per week as construction progress requires. Scope does not account for working on City holidays, weekends, not more than a total of 650 hours. -4- 331 248600 The CONSULTANT shall provide services during construction activities to record and document the installation of the Work in conformance with the contract requirements. • Specialty Design Consultant Site Visits: The CONSULTANT will monitor the number of specialty site visits requested by the Contractor or City and conducted by the Design team. When it becomes evident that a specialty site visit from the Design team will be required, The CONSULTANT will coordinate with the specific disciplines required to schedule a mutually acceptable time for meeting at the construction site. • Daily Reports: The CONSULTANT will prepare daily reports, on the same date as construction occurs, to record the daily perfonnance of the Contractor as well as other significant construction related matters. Daily Reports shall be uploaded to the City's E-Builder document management system by The CONSULTANT. The daily reports shall include records of when the Contractor is on the job-site, general field observations, weather conditions, change orders, changed conditions, list of job site visitors, daily drilling and testing activities, testing results, testing observations, and records of the outcome of tests and inspections. At a minimum the daily reports will contain the following infonnation: -Weather and general site conditions Contractor's work force counts by category and hours worked Description of work performed including location Equipment Utilized Name of visitors to the jobsite and reason for the visit -Tests made and results Construction difficulties encountered and remedial measures taken -5- 332 248600 Significant delays encountered and apparent reasons why Description of (potential) disputes between the Contractor and City Description of (potential) disputes between the Contractor and residents -Summary of additional directions that may have been given to the Contractor Detailed records of materials, equipment and labor used in connection with extra work, or where there is reason to suspect that a claim or request for Change Order may be submitted by the Contractor -Summary of any substantive discussions held with the Contractor and/or City -Summary of nonconforming work referenced to corresponding Non- Compliance Notice - A log of photographs taken • Adherence to Construction Documents: The CONSULTANT shall review materials and workmanship of the projects and report to the City any deviations from the Construction Documents that may come to The CONSULTANT's attention. Consultant' shall determine the acceptability of the work and materials and make recommendations to the City to reject items not meeting with requirements of the Construction Documents. • Delivery of Unaccepted Materials to Jobsite: As new materials are delivered to the jobsite, The CONSULTANT will check the materials certifications and samples and verify that an approved shop drawing was submitted for the material in question. If it is determined that a submittal as not been approved, The CONSULTANT shall immediately notify the City and issue a Non-Compliance Notice. The CONSULTANT will direct and supervise the sampling and testing of materials to be performed by the City's independent testing laboratory. The CONSULTANT shall maintain test report logs which shall be submitted to the City for review on a monthly basis and uploaded to the City's E-Builder document -6- 333 248600 management system on a weekly basis. Consultant shall also review invoices submitted by the independent testing laboratories and recommend payment by the City. • Damage to Existing Facilities: The CONSULTANT will identify any existing facilities damaged by the Contractor and verify that the Contractor has notified the respective owner(s). Include record of such occurrences in the daily reports. • Equipment Tests and Systems Start-Up: The CONSULTANT shall be responsible for coordinating various tests for quality control on the projects; verifying that equipment tests and systems start-up are conducted in the presence of appropriate personnel; and that the Contractor is maintaining adequate records thereof. Consultant shall observe, record, and report appropriate details relative to the test procedures and start-up. • Record Drawings: The CONSULTANT will monitor that record drawing mark- ups are properly maintained by the Contractor. At a minimum, The CONSULTANT will review the record drawing mark-ups every month, or more often, as deemed necessary. Contractor's failure to maintain the record drawings in up-to-date condition may be deemed grounds for withholding Contractor's monthly payment requisitions until such time as the record drawings are brought up-to-date. The CONSULTANT will notify the City if it considers the mark-up documents insufficient. The City will make final determination of payment withholding. • Safety: The CONSULTANT will be expected to recognize a hazard that any reasonable non-safety professional might be expected to recognize. In addition, -7- 334 248600 those safety obligations extend only to recognizable hazards that The CONSULTANT may note while in the normal conduct of onsite business. If a situation presents itself, the following procedures should be followed: Immediately direct personnel to remove themselves from the apparent danger; Notify the Contractor's superintendent of the apparent condition that caused the concern and that the affected personnel were directed to remove themselves accordingly. • Maintenance of Traffic (MOT): The CONTRACTOR shall provide The CONSULTANT and CITY with approved copies of its MOT at the Pre- Construction Meeting for general information purposes. It will be The CONSULTANT's responsibility to verify compliance with the MOT in the field and coordinate with the AHJ for approvals and inspection of MOT. • CONTRACTOR Request for Services: When the CONTRACTOR requires services from the CITY for issues such as water service shutdowns, tie-ins to existing water mains, electrical service interruptions and/or any special regulatory inspections, etc., a request shall be made in writing by the CONTRACTOR, and forwarded by The CONSULTANT to the CITY (Public Works and Parks and Recreation Department), a minimum of five (5) working days prior to when required. • Issuance of Non-compliance Notices: The CONSULTANT will be responsible for notifying the City when they become aware of a condition that is believed to be in non-compliance with Construction Documents. Anytime The CONSULTANT notices a potential construction problem or a condition that could result in non-complying materials, equipment or workmanship, The -8- 335 248600 CONSULTANT will need to determine whether the condition poses an immediate threat to public health or safety. If a condition does not pose a threat to public health or safety, immediate verbal notification or "Pre-Noncompliance Notice" of the potential non-compliance should be made to the Contractor and the City. This verbal notice shall be documented in The CONSULTANT's daily report and shall advise the Contractor of potential construction problems, errors, or deficiencies that can be promptly resolved and do not warrant a Non-compliance Notice. If the Contractor fails to respond to the verbal notification within a reasonable timeframe, The CONSULTANT will notify the City and the City's Projects Coordinator will issue a Non-compliance Notice. If a condition poses an immediate threat to public health or safety, The CONSULTANT will notify the Contractor and City immediately and the City's Projects Coordinator will issue a Non-compliance Notice to the Contractor. Non-compliance Notices will include a description of the Work that does not meet the construction contract requirements, along with a required timetable for corrective work to be implemented by the Contractor. Other items that should be included in the Notice include a reference to the provision of the Construction Documents that has been violated. • Quality Control Monitoring: The CONSULTANT will review and monitor the Contractor's adherence to an acceptable quality control program submitted by the Contractor prior to the issuance of the second Notice-to-Proceed by the CITY. This program will describe the Contactor's quality control, organizational procedures, documentation controls and processes for each phase of the work. Quality control during construction will be the responsibility of the Contractor; however, oversight and ensuring the Contractor complies with applicable jurisdictional construction standards will be enforced on the CITY's behalf by The CONSULTANT. -9- 336 248600 The Consultant shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with the activities or operations of City or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize City to occupy the Project in whole or in part. -10- 337 Schedule "B'' SUMMARY OF COSTSFORSUPPIB18\ITALCONSTRUCTION ADMINISTRATION SERVICES AMENDMBIIl 1 BEACHWALKIJ ·PHASE I s:>UTH POINTE DRIVE TO THIRD STREET CITYOFMIAMI BEACH, FLORIDA . , . - 248600 ,· .P~RIPTION -·'• ·,~·;li- ··:" . c '"" '·. PART 3.3-9.Jpplemental Construction Actninisb'atian Services for Phase I 3.3. 1 Genera Coordination a1d Contred AdminiS:ratian Part of the origi nat contract $0 3.3.2 Re9dootlnformation Meetings-3 Total Hourly, Not to Exceed $1,260 3.3.3 A1otographic Record Hourly, Not to Exceed $400 3.3.4 Ste Vist~ 84-Weekly Meetingsa1d Daily Reports Hourly, Not to Exceed $46,700 Part 3.3 S..pplemental ConlltructlanAdministration Sarvices(6 months! S..btotal: $48,360 TOTALFB:Sinot to exceed): $48,360 ADDL RBMEIJ RSABI...E EXPENSE BUD GEr: $1,000 GRAND TOTAL $49,360 October 2. 2013 D~PTION -~ : : PART 3.3-9.1pplemental Can!il:ructian Admini!il:ratian Services for Phase I 3.3.1 General Coordination and Contract Administration $ $ 48.360 3.3.2 Resident Information Meetinas-3 Total 9 $ 1,260 3.3.3 A1otographic Record 8 $ 400 3.3.4 Ste Visits, Bi-Weekly Meetings and Daily Reports 650 24 $ 46,700 9 650 32 $ 48,360 Hourly Rates 1,260 45,500 1,600 2.61% 94.09% 3.31% 100% Project Ma-~ag!!f 140 CB 70 Clerical 50 File, LMS, AP, TKB. CJB, Accounting, C. Book. F;\Project\248600\Contracts-Proposals\Contract Documents\Change Order 7 Resident Project Representative (RPR)\(13-10-02) REV Supplimental CA Additional RPR Scope of Services-A4.docx -11- 338 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH COASTAL SYSTEMS INTERNATIONAL, INC. (CONSULTANT} FOR SUPPLEMENTAL CONSTRUCTION ADMINISTRATION SERVICES, FOR THE BEACHWALK II-PHASE 1-PROJECT, IN THE NEGOTIATED AMOUNT OF $48,360, AND AN ADDITIONAL AMOUNT OF $1,000 FOR REIMBURSABLE EXPENSES, FOR A TOTAL NOT TO EXCEED AMOUNT OF $49,360; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $49,360 FROM FUND 389, SOUTH POINTE CAPITAL FUND; AND FUTHER RATIFYING PREVIOUS ADDITIONAL SERVICES PROVIDED AND COMPLETED BY THE CONSULTANT DURING THE DESIGN PHASE OF THE PROJECT, IN THE TOTAL AMOUNT OF $35,590 WHEREAS, pursuant to Request for Qualifications (RFQ) No. 08-05/06 for Professional Architectural and Engineering Services, the Mayor and City Commission approved the City Manager's recommendation, and authorized the Administration to negotiate with the top ranked proposer, Coastal Systems International (CSI or Consultant); and WHEREAS, on January 17, 2007, pursuant to Resolution No. 2007-26438, the Mayor and the City Commission approved and authorized the Mayor and City Clerk to execute a Professional Services Agreement with the Consultant, in the amount of $486,731, for the design, engineering, permitting, and construction administration services for the Beachwalk II Project (Project); and WHEREAS, the Agreement provides for the design, permitting, bidding I award and construction administration services for the Project; and WHEREAS, this Amendment No. 1 to the Agreement for supplemental construction administration services, in the amount of $49,360, include general project coordination; attend meetings; prepare daily field inspections reports with photographic records of construction activities; report deviations from the Contract Documents of materials and workmanship, providing quality control; monitor delivery of materials; review shop drawings; issue non-compliance notices; identify any existing facilities damaged by the Contractor; perform change orders review; monitor progress of construction and ensure the Contractor's adherence to the schedule; verify pay requisition quantities and sign off on all pay requisitions; monitor record drawing mark-ups; recognize hazards during construction; verify compliance with the Maintenance of Traffic (MOT) plan; perform a final completion walk- through and inspection; and WHEREAS, the Administration also requests that the Mayor and City Commission ratify additional services previously requested from. and completed by the consultant. to coordinate approval for the Florida Department of Environmental Protection (FDEP) permit; the Environmental Resource Permit (ERP) required for the associated storm water drainage 339 structures proposed as part of for the Sunrise Pedestrian Connection between the Southern Terminus of the Beachwalk II Project and the 100 South Pointe Drive property; and to provide digital renderings for the community meeting with Beachwalk II, Phase II (proposed between Marjory Stoneman Douglass Park and 51h Street) riparian owners, in the total amount of $35,590; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida, hereby approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the Professional Services Agreement with Coastal Systems International; said Amendment for supplemental construction administrations services, for the Beachwalk II -Phase I -Project, for a total amount of $49,360; with previously appropriated funding in the amount of $49,360 from Fund; 389, South Pointe Capital Fund; and further ratify the additional professional services previously provided and completed by the Consultant during the Design Phase of the Project, in the total amount of $35,590. PASSED AND ADOPTED THIS ___ DAY OF ____ .2013. ATTEST: CITY CLERK MAYOR T:IAGENDA\2013\0ctober 16\Beachwalk II Phase 1\Beachwalk II Phase 1-Coastal Amendment 1 RESO.doc 340 APPROVED AS TO FORM & LANGUAGE Fn~ EXECUTION ' --~ -~ ~~--- THIS PAGE INTENTIONALLY LEFT BLANK 341 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Authorizing The Mayor And City Clerk OfThe City Of Miami Beach, Florida, Providing For 1)Amending Resolution No. 2003-25171, Which Approved The Basis Of Design Report (BOOR) For The Bayshore Right Of Way lm~rovement Project; Said Amendment Amending The BOOR As Follows: A) Change In Roadway Widths And; B) 40 h Street Parking Modifications. Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that 81% of businesses rated completed capital improvement projects as "excellent" or "good." Item Summary/Recommendation: On May 16, 2001, the City of Miami Beach approved and authorized the execution of an agreement with CH2M Hill, Inc. (CH2M) for planning, design, and construction administration professional services for the Bayshore and Sunset Islands Neighborhood No. 8 Right-of-Way Infrastructure Improvements Project. On April 9, 2003, the City Commission approved the Basis of Design Report (BODR), completed and submitted by CH2M Hill for the Neighborhood No. 8 Bayshore I Sunset Islands Project. This BOOR was the culmination of a comprehensive planning effort that included input from and reviews by residents, various City Departments, and the Design Review Board (DRS). The first workshops occurred in 2001. On July 18, 2012, the Mayor and City Commission adopted Resolution No. 2012-27972, approving the amendment to the BOOR for the Bayshore Right of Way improvement project to include the implementation of the items agreed to by the City for Home Owners Association (HOA) requests, provide additional storm water upgrades including valley gutters to the area known as Zone 4 in the BOOR, as well as complete milling and resurfacing of the roadway in lieu of an asphalt overlay. The following changes are either not part of the BOOR, upon which the project design was developed, or are modifications to the BOOR. Since the amendment to the BOOR, the HOA requested that the City investigate further, if the travel lanes could be reduced to a minimum allowable roadway width, for local and collector roads. Based on the Federal, County and City standards for roadway design, Public Works approved 20 feet width for local roads and 22 feet for collector roads. Due to this chan~e in design, the following items which were included in the previous amendment to the BODR were modified; 28 Street, 34th Street, Sheridan Avenue and North Meridian Avenue. Also, the BOOR includes the removal of on-street parallel parking along the south side of West 40th Street from Pine tree Drive to Chase Avenue and converting the parallel parking on the north side to 90-degree parking spaces. Miami-Dade Public Works Department requirement does not allow 90-degree on-street parking. Therefore, parallel parking needs to remain on the north and south side of 40th Street. Meetings on site were conducted with Miami- Dade Public Works Traffic Engineering and the pavement markings were revised to allow for the maximum number of legal parking spaces along 40th Street. The BOOR is being amended to comply with Miami-Dade Public Works County standards. On August 28, 2013 a ~ublic meeting was held to discuss the status of construction. The changes related to the parking configuration on 40t Street and the change in lane widths were discussed as part of the status update. There were no comments or concerns from the residents regarding these changes. The Administration recommends that the Mayor and City Commission approve the resolution. Advisory Board Recommendation: I N/A Financial Information· Source of Amount Account Approved Funds: 1 OBPI Total MIAMI BEACH 342 AGENDA ITEM C. 7 If DATE /P-(6-(3 <9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeachfl.gov COMMIS ION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAY RAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR 1) AMENDING RESOLUTION NO. 2003-25171, WHICH APPROVED THE BASIS OF DESIGN REPORT (BOOR) FOR THE BAYSHORE RIGHT OF WAY IMPROVEMENT PROJECT; SAID AMENDMENT AMENDING THE BOOR AS FOLLOWS: A} CHANGE IN ROADWAY WIDTHS AND; B) 401 H STREET PARKING MODIFICATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND On May 16, 2001, the City of Miami Beach (City) adopted Resolution No. 2001-24387, approving and authorizing the execution of an agreement with CH2M Hill, Inc. (CH2M Hill) for professional services for the Right-of-Way (ROW) Infrastructure Improvements Program for Neighborhood No. 8 -Bayshore and Sunset Islands project pursuant to Request for Qualifications (RFQ) No. 134-99/00. The agreement was for planning, design, and construction administration services for the collective Bayshore Neighborhoods which was originally one ( 1) project and was subsequently separated into five (5) individual projects via amendments to the original agreement. These five projects included Central Bayshore Neighborhood 8A (Package 8A), Lower North Bay Road Neighborhood 8B {Package 8B), Lake Pancoast Neighborhood 8C (Package 8C), and the Sunset Islands (Packages 8D and 8E). On January 19, 2011, the City of Miami Beach adopted Resolution No. 2011-27587, approving and authorizing the Mayor and City Clerk to execute a contract with Lanzo Construction Co. (LCC}, pursuant to invitation to Bid 18-09/10, for right-of-way infrastructure improvement program Neighborhood No. 8 -Central Bayshore (Package A) and Lake Pancoast (Package C). The project scope of work included installation of a new water main to upgrade the existing 6 inch water main, drainage installation, roadway paving and restoration, concrete sidewalk, and landscaping. The project time in the contract called for a total of 730 calendar days. The first Notice to Proceed (NTP-1) was issued to LCC on August 19, 2011. The Pre- Construction conference took place on October 26, 2011 and the second Notice to Proceed (NTP-2) was issued on October 31, 2011. ANALYSIS On April 9, 2003, the City Commission approved the Basis of Design Report (BODR), completed and submitted by CH2M Hill for the Neighborhood No. 8 Bayshore I Sunset Islands Project. This BODR was the culmination of a comprehensive planning effort that included input from and reviews by residents, various City Departments, and the Design Review Board (ORB). The first workshops occurred in 2001. 343 Commission Memorandum Central Bayshore Package A-Amendment to the BOOR October 16, 2013 Page 2of3 On July 18, 2012, the Mayor and City Commission adopted Resolution No. 2012-27972, approving the amendment to the BOOR for the Bayshore Right of Way improvement project to include, the implementation of the items agreed to by the City for Home Owners Association (HOA) requests, provide additional storm water upgrades including valley gutters to the area known as Zone 4 in the BOOR, as well as complete milling and resurfacing of the roadway in lieu of an asphalt overlay. The following changes are either not part of the BOOR, upon which the project design was developed, or are modifications to the BOOR. LANE WIDTHS Since the amendment to the BOOR, the HOA requested that the City investigate further, if the travel lanes could be reduced to a minimum allowable roadway width, for local and collector roads. Based on the Federal, County and City standards for roadway design, Public Works approved 20 feet width for local roads and 22 feet for collector roads. Due to this change in design, the following items which were included in the previous amendment to the BOOR were modified as follows: 1. Sheridan Avenue from 28th Street to 40th Street previously approved for 24 feet is being reduced to 22 feet since it is a collector road. 2. North Meridian Avenue between Dade Boulevard and 28th Street previously approved at 22 feet is being reduced to 20 feet. As requested by the HOA, Public Works submitted a modification to FOOT for a revision of the functional classification from a collector road to a local road. FOOT re-classified Meridian Avenue as a minor collector which allows the street to be reduced to 20 feet. 3. On 28th Street from Sheridan Avenue to Prairie Avenue was previously approved for 24 feet is being reduced to 20 feet since it is a local road. The section between Prairie Avenue and Meridian Avenue, which is classified as a collector street, will remain at 22 feet. 4. On 341h Street from Chase Avenue to Pine Tree Drive was previously approved for 22 feet is being reduced to 20 feet since it is a local road. 40th STREET PARKING The BOOR includes the removal of on-street parallel parking along the south side of West 401h Street from Pine tree Drive to Chase Avenue and converting the parallel parking on the north side to 90-degree parking spaces. The reason for this request was to buffer the roadway and commercial activity from the residential homes on the south side and to provide additional parking on the north side due to loss of parking on the south side. Miami-Dade Public Works Department requirement does not allow 90-degree on-street parking. Therefore, parallel parking needs to remain on the north and south side of 40th Street. Meetings on site were conducted with Miami-Dade Public Works Traffic Engineering and the pavement markings were revised to allow for the maximum number of legal parking spaces along 40th Street. The current design also provides for additional handicapped parking and the removal of existing parking spaces which did not meet County standards due to sight visibility constraints. The overall parking loss will be 6 parking spaces. The BOOR is being amended to comply with Miami-Dade Public Works County standards. On August 28, 2013 a public meeting was held to discuss the status of construction. The changes related to the parking configuration on 40 1h Street and the change in lane widths were discussed as part of the status update. There were no comments or concerns from the residents regarding these changes. 344 - -------------------- Commission Memorandum Central Bayshore Package A-Amendment to the BOOR October 16, 2013 Page3 of3 CONCLUSION ------------------ The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve an Amendment to Resolution No. 2003-25171, which approved the modifications to the BOOR for the Bayshore Right of Way Improvement Project; said amendment amending the BODR as follows: A) Change in roadway widths and; B) 401h Street parking modifications. JLM/MT/DM/DF T:\AGENDA\2013\0clober 16\Bayshore\Central Bayshore A-Amendment to the BODR-MEMO.docx 345 RESOLUTION TO BE SUBMITTED 346 THIS PAGE INTENTIONALLY LEFT BLANK 347 ---------------------------- COMMISSION ITEM SUMMARY Condensed Title: A Resolution Amending Resolution No. 2012-28066, Setting The Dates For The 2013 Commission Meetings; Authorizing A Change In The Commission Meetings In November 2013, Which Are Held For The Purpose Of Canvassing Returns Of The General And Special Elections, From The Scheduled Meeting Date Of NovemberS, 2013 To November 12, 2013; And If A Run-Off Election Is Necessary, Changing The Meeting Date Of November 20, 2013 To November 25, 2013. Key Intended Outcome Supported: Item Summary/Recommendation: Pursuant to Resolution No. 2012-28066, the City Commission set the November 2013 Commission Meetings, for the purposes of canvassing returns of the General Election and Special Election, and Run- Off Election if necessary, for November 6, 2013 and November 20, 2013 respectively. In accordance with Ordinance 2013-3804, which was passed and adopted on July 17, 2013, amending Section 38-4 of the Miami Beach City Code, "On the first business day immediately following the County Elections Supervisor's issuance of final election results, the City Commission shall meet for the purpose of canvassing the return of such election(s) and ascertaining the results thereof." The certification of the Official Results of the City of Miami Beach's November 5, 2013 General and Special Elections will be issued by the Elections Supervisor on Friday, November 8, 2013. The first business day following the issuance of the Official Results, is Tuesday, November 12, 2013, as Monday, November 11, 2013 is Veterans Day. If a Run-Off Election is necessary, the newly amended Section 38-4 of the Miami Beach City Code requires that the canvassing of the final Run-Off Election returns occur "on the first business day immediately following the County Elections Supervisor's issuance of such final election results ... " The certification of the Official Results of the City of Miami Beach's November 19, 2013 Run-Off Election will be issued by the Elections Supervisor on Friday, November 22, 2013. The first business day following the issuance of the Official Results is Monday, November 25, 2013. Therefore, the Administration is requesting to change the Commission Meetings in November 2013, from the scheduled meeting date of November 6, 2013 to November 12, 2013; and if a Run-Off Election is necessary, from the scheduled meeting date of November 20, 2013 to November 25, 2013. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 N/A D 2 3 4 OBPI Total Financial Impact Summary: N/A Clerk's Office Le islative Trackin Rafael E. Granado, City Clerk Si n-Offs: or Assistant City Manager City Manager REG T:IAGENDA\201 MIAMI BEACH C7.I. AGENDA ITEM ____ _ DATE /(} -/b -1_3 348 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Bower and Members FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION AMENDING RES LUTION NO. 2012-28066, SETIING THE DATES FOR THE 2013 COMMISSION M ETINGS; AUTHORIZING A CHANGE IN THE COMMISSION MEETINGS IN NOVEMBER 2013, WHICH ARE HELD FOR THE PURPOSE OF CANVASSING RETURNS OF THE GENERAL AND SPECIAL ELECTIONS, FROM THE SCHEDULED MEETING DATE OF NOVEMBER 6, 2013 TO NOVEMBER 12, 2013; AND IF A RUN~OFF ELECTION IS NECESSARY, CHANGING THE MEETING DATE OF NOVEMBER 20,2013 TO NOVEMBER 25,2013. ADMINISTRATION RECOMMENDATION Approve the Resolution. ANALYSIS As required by Section 2.04 of the Miami Beach City Charter, "The City Commission shall meet at such times as may be prescribed by ordinance or resolution." Pursuant to Resolution No. 2012- 28066, the City Commission set the November 2013 Commission Meetings, for the purpose of canvassing returns of the General and Special Elections, and Run-Off Election if necessary, for November 6, 2013 and November 20, 2013 respectively. In accordance with Ordinance 2013-3804, which was passed and adopted on July 17, 2013, amending Section 38-4 of the Miami Beach City Code, "On the first business day immediately following the County Elections Supervisor's issuance of final election results, the City Commission shall meet for the purpose of canvassing the return of such election{s) and ascertaining the results thereof." The certification of the Official Results of the City of Miami Beach's November 5, 2013 General and Special Elections will be issued by the Elections Supervisor on Friday, November 8, 2013. (See Exhibit "A") The first business day immediately following the issuance of the Official Results, is Tuesday, November 12, 2013, as Monday, November 11, 2013 is Veterans Day. If a Run-Off Election is necessary, the newly amended Section 38-4 of the Miami Beach City Code requires that the canvassing of the final Run-Off Election returns occur "on the first business day immediately following the County Elections Supervisor's issuance of such final election results ... " the certification of the Official Results of the City of Miami Beach's November 19, 2013 Run-Off Election, if needed, will be issued by the Elections Supervisor on Friday, November 22, 2013. (See Exhibit "B"} The first business day immediately following the issuance of the Official Results is Monday, November 25, 2013. Therefore, the Administration is requesting to change the Commission Meetings in November 2013, from the scheduled meeting date of November 6, 2013 to November 12, 2013; and if a Run- Off Election is necessary, from the scheduled meeting date of November 20, 2013 to November 25, 2013. JMLIREG @ T:\AGENDA\2013\0ctober 16\Change Commission Meeting Date\Commission date change. memo. doc 349 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2012-28066, SETTING THE DATES FOR THE 2013 COMMISSION MEETINGS; AUTHORIZING A CHANGE IN THE COMMISSION MEETINGS IN NOVEMBER 2013, WHICH ARE HELD FOR THE PURPOSE OF CANVASSING RETURNS OF THE GENERAL AND SPECIAL ELECTIONS, FROM THE SCHEDULED MEETING DATE OF NOVEMBER 6, 2013 TO NOVEMBER 12, 2013; AND IF A RUN-OFF ELECTION IS NECESSARY, CHANGING THE MEETING DATE OF NOVEMBER 20, 2013 TO NOVEMBER 25, 2013. WHEREAS, Section 2.04 of the Miami Beach City Charter requires that 'The City Commission shall meet at such times as may be prescribed by ordinance or resolution"; and WHEREAS, pursuant to Resolution No. 2012-28066, the City Commission set the November 2013 Commission Meetings, for the purposes of canvassing returns of the General and Special Elections, and Run-Off Election if necessary, for November 6, 2013 and November 20, 2013 respectively; and WHEREAS, in accordance with Ordinance 2013-3804, which was passed and adopted on July 17, 2013, amending Section 38-4 of the Miami Beach City Code, "On the first business day immediately following the County Elections Supervisor's issuance of final election results, the City Commission shall meet for the purpose of canvassing the return of such election(s) and ascertaining the results thereof'; and WHEREAS, the certification of the Official Results of the City of Miami Beach's November 5, 2013 General and Special Elections will be issued by the Elections Supervisor on Friday, November 8, 2013, and the first business day immediately following the issuance of the Official Results, is Tuesday, November 12, 2013, as Monday, November 11, 2013 is Veterans Day; and WHEREAS, If a Run-Off Election is necessary, the newly amended Section 38-4 of the Miami Beach City Code requires that the canvassing of the final Run-Off Election returns occur "on the first business day immediately following the County Elections Supervisor's issuance of such final election results ... "; and WHEREAS, the certification of the Official Results of the City of Miami Beach's November 19, 2013 Run-Off Election, if one is needed, will be issued by the Elections Supervisor on Friday, November 22, 2013, and the first business day immediately following the issuance of the Official Results is Monday, November 25, 2013. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Commission Meetings in November 2013, are changed from the scheduled meeting date of November 6, 2013 to November 12, 20 13; and if a Run-Off Election is necessary from the scheduled meeting date of November 20, 2013 to November 25, 2013. PASSED and ADOPTED THIS _day of October 2013. ATTEST: Rafael E. Granado, City Clerk Matti Herrera Bower, Mayor T:\AGENDA\201 3\0ctober 16\Change Commission Meeting Date\Commission date change.reso.doc 350 APPROVED AS TO FORM & LANGUAGE ./ .· --+ ~EXECUTION . . ·' . C ~ B ~~oey~~J omB Public Notice MIAMI-DADE COUNTY CANVASSING BOARD MIAMI-DADE COUNTY SPECIAL ELECTION NOVEMBER 5, 2013 The Miami-Dade County Canvassing Board will convene at the Office of the Supervisor of Elections, 2700 N. W. 87th Avenue, Miami, Florida. The canvassing Board is convening on these dates in preparation to conduct the Miami-Dade COunty Special Election to be held on November 5, 2013. DATE!TIME ACTIVITY Wednesday, 1 0/16/13 10:00 a.m. Friday, 10/18/13 2:00p.m. Monday, 1 0/21/13 8:00a.m. through Tuesday, 11/5/13 Friday, 10/25/13 Canvassing: 1 0:00a.m. to completion (as needed) Wednesday, 1 0/30/1 3 Canvassing: 10:00 a.m. to completion (as needed) Friday, 11/1/13 Canvassing: 1 0:00a.m. to completion (as needed) Monday, 11/4/13 Canvassing: 1 0:00a.m. to completion (as needed) Tuesday, 11/5/13 Canvassing: 3:00p.m. to completion Friday, 1 1 /8/13 Canvassing: 10:00 a.m. to completion Wednesday, 1 1 /13/13 10:00 a.m. through Friday, 11/15/13 to completion 1. Logic and accuracy test at the touch screen and optical scan voting systems to be used tor early voting, absentee, and precinct ballots 1. Public inspection of absentee ballots 1. Pre-count logic and accuracy test of the optical scan system used for absentee and provisional ballots 1. Absentee ballots opening and processing (as needed) 3. Duplication of ballots (as needed) 1. Canvassing of presumed invalid absentee ballots (as needed) 1. Canvassing of presumed invalid absentee ballots (as needed) 1. Canvassing of presumed invalid absentee ballots (as needed) 1. Canvassing of presumed invalid absentee ballots (as needed) 1. Canvassing of presumed invalid absentee ballots (as needed) 2. Tabulation of results 3. Unofficial Election returns 1. Provisional ballots processing (as needed) 2. Certification of Official Results, including provisionals 3. Post-count logic and accuracy test of the optical scan system used for absentee and provisional ballots 4. Race/Question and precinct(s) selection for manual post election State audit 1. Audit process starts to completion All proceedings will be open to the public. For a sign language interpreter or other accommodations, please call305-499-8405 at least five days in advance. In accordance with Section 286.0105, Florida Statutes, a person who appeals any decision by the canvassing board with respect to any matter considered at a meeting, he or she will need a record of the proceedings and therefore will need to ensure that a verbatim record of the proceedings is made. Penelope Townsley Supervisor of Elections Miami-Dade County, Florida For legal ads online, got legalads.miamidade.gov 351 EXHIBIT A DATE/TIME Wednesday, 11/13/13 10:00 a.m. Wednesday, 11/13/13 1:00 p.m. (after completion of L&A Test) through Tuesday, 11/19/13 Tuesday, 11/19/13 Canvassing: 6:00p.m. to completion Friday, 11/22/13 10:00 a.m. to completion MUNICIPAL CANVASSING BOARD SCHEDULE MIAMI BEACH RUN·OFF ELECTION-NOVEMBER 19,2013 LOCATION ACTIVITY Miami-Dade County 1. Logic and Accuracy Test of the Elections Degartment 2700 NW 87 n Ave. touch screen and optical scan voting systems to be used for Miami, FL absentee, early voting, and precinct ballots Miami-Dade County 1. Pre-count Logic and Accuracy Elections De~artment Test of the optical scan system 2700 NW 87 Ave. used for absentee and provisional Miami, FL ballots 2. Absentee ballot opening and processing (as needed) 3. Duplication of ballots (as needed) (Location to be 1. Absentee ballot opening and determined after 1115113 processing (as needed) Elections, based on how 2. Duplication of ballots (as needed) many municipalities will 3. Canvassing of presumed invalid have a run-off on 11119) absentee ballots and provisional ballots 4. Tabulation of results 5. Unofficial Results provided by the Supervisor of Elections Miami-Dade County 1. Canvassing of provisional ballots Elections De~artment (if needed) 2700 NW 87 Ave. 2. Certification of Official Results, Miami, FL including provisionals, by the Supervisor of Elections 3. Post-count Logic and Accuracy Test of the optical scan system used for absentee and provisional ballots 4. Race and precinct(s) selection for manual post-election audit 5. Audit process starts to completion Canvassing Board Members City Clerk Rafael A. Granado County Judge Shelley J. Kravitz County Judge TBD 352 ATTENDANCE Canvassing Board Members or designee Canvassing Board Members or designee All Canvassing Board Members All Canvassing Board Members Majority of the Canvassing Board Members or designees EXHIBIT B THIS PAGE INTENTIONALLY LEFT BLANK 353 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Electing Commissioner Deede Weithorn, Group VI, As Vice-Mayor, For A Term Commencing On November 1, 2013 And Terminating On November 12, 2013, Or If A Runoff Election Is Held, Terminating On November 25, 2013. Key Intended Outcome Supported: N/A. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The next Vice-Mayor Group is Group VI, currently occupied by Commissioner Deede Weithorn. Typically the term for the next Vice-Mayor would be November 1, 2013 through February 28, 2014; however, because of the General Election scheduled for November 5, 2013, and City Charter Section 2.04, the attached resolution establishes a term for the next Vice-Mayor to commence November 1, 2013 and terminate on November 12, 2013, or if a Runoff Election is held, the term will terminate on November 25, 2013. Pursuant to City Charter Section 2.04, the City Commission shall, at its first meeting after each General Election, elect from its membership a Vice-Mayor who during the absence or disability of the Mayor shall perform the duties of Mayor. A resolution will be placed on the November 12, 2013 Commission Agenda, or if a Runoff Election is held on the November 25, 2013 Commission Agenda, providing the newly elected City Commission to elect from its membership Commissioner Deede Weithorn as Vice-Mayor for a term to expire February 28, 2014. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Funds: 1 N/A N/A D 2 3 4 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin Rafael E. Granado, City Clerk Si n-Offs: Department Director Assistant City Manager MIAMI BEACH 354 Approved AGENDA ITEM ~C::........:....7--=J'--- DATE (op/6-13 & MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wv.w.miomibeochA.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Mem FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AN CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ELECTIN COMMISSIONER DEEDE WEITHORN, GROUP VI, AS VICE-MAYOR, FOR A TERM COMMENCING ON NOVEMBER 1, 2013 AND TERMINATING ON NOVEMBER 12, 2013, OR IF A RUNOFF ELECTION IS HELD, TERMINATING ON NOVEMBER 25,2013. ANALYSIS The City Commission has established a policy of rotating the position of Vice-Mayor every four (4} months. Since 1994, the rotation has been by Commission Group number in the following sequence, Group I, II, Ill, IV, V and VI. The next Vice-Mayor Group is Group VI, currently occupied by Commissioner Deede Weithorn. Typically the term for the next Vice-Mayor would be November 1, 2013 through February 28, 2014; however, because of the General Election scheduled for November 5, 2013, and City Charter Section 2.04, the attached resolution establishes a term for the next Vice-Mayor to commence November 1, 2013 and terminate on November 12, 2013, or if a Runoff Election is held, the term will terminate on November 25, 2013. Pursuant to City Charter Section 2.04, the City Commission shall, at its first meeting after each General Election, elect from its membership a Vice-Mayor who during the absence or disability of the Mayor shall perform the duties of Mayor. A resolution will be placed on the November 12, 2013 Commission Agenda, or if a Runoff Election is held on the November 25, 2013 Commission Agenda, providing the newly elected City Commission to elect from its membership Commissioner Deede Weithom as Vice- Mayor for a term to expire February 28, 2014. JLM/REG {5j T:\AGENDA\2013\0ctober 16\Vice-Mayorlvice-mayor.cm.doc 355 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER OEEDE WEITHORN, GROUP VI, AS VICE-MAYOR, FOR A TERM COMMENCING ON NOVEMBER 1, 2013 AND TERMINATING ON NOVEMBER 12, 2013, OR IF A RUNOFF ELECTION IS HELD, TERMINATING ON NOVEMBER 25, 2013. WHEREAS, the Mayor and City Commission established a policy of rotating the position of Vice-Mayor every four months; and WHEREAS, typically the term for the next Vice-Mayor would be November 1, 2013 through February 28, 2014; however, because of the General Election scheduled for November 5, 2013, and City Charter Section 2.04, the term for the next Vice-Mayor will commence November 1, 2013 and terminate on November 12, 2013, or if a Runoff Election is held the term will terminate on November 25, 2013;and WHEREAS, a resolution will be placed on the November 12, 2013 Commission Agenda, or if a Runoff Election is held on the November 25, 2013 Commission Agenda, allowing the newly elected City Commission to elect from its membership Commissioner Deede Weithorn as Vice- Mayor, for a term to expire February 28, 2014. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that Commissioner Deede Weithorn is hereby elected as Vice-Mayor of the City of Miami Beach, Florida, for a term commencing on November 1, 2013 and terminating on November 12, 2013, or if a Runoff Election is held the term will terminate on November 25, 2013. PASSED and ADOPTED THIS 161 h day of October 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK T:IAGENOA\2013\0ctober 16\Vice-Mayorlvice-mayor-RES doc 356 MA TTl HERRERA BOWER, MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION '±...l.Ar:\-r City Attorne~ THIS PAGE INTENTIONALLY LEFT BLANK 357 m ..... COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Consenting To An Assignment Of The Existing Agreement Between The City And Horizon Investigation : Service, Inc. ("Horizon") (As Assignor), To Proven Investigation, L.L.C. (As Assignee) With Such Approval And Consent Effective Upon .Execution Of Assignment By The Mayor And City Clerk. Key Intended Outcome Sul)ported: Control Costs Of Payroll, Including Salary And Fringes/Minimize Taxes/Ensure Expenditure Trends Are Sustainable Over The Long Term. Supporting Data: N/A Item Summa /Recommendation: On August 26, 2011, the City of Miami Beach entered into a Professional Services Agreement (the "Agreement") with Horizon investigations, Inc., pursuant to RFP 16-10/11, for investigative (surveillance related) and adjusting services for selected tort liability and workers' compensation claims on an "as needed" basis. The primary contact for the City at Horizon Investigations has been Mr. Lee Goldwich. In a letter dated September 26, 2013, Mr. Juan Rey, CEO of Horizon Investigations requested that the contract be assigned to Pmven Investigations, Inc. {Assignee) (see Attachment A). Proven Investigations is qualified to perform the scope of work of the agreement and has acknowledged assumption of the remaining obligations and responsibilities originally undertaken by Horizon (see Attachment B). Mr. Goldwich, now principal of Pr-oven Investigations, will continue to lead all of the City's requirements with regard to the scope of the agreement. Invoices rendered for work performed under the Agreement prior to the Assignment being executed by the Mayor and City Clerk shall be paid by the City to the Assignor, and any invoices rendered for work performed under the Agreement after e)(ecution shall be paid by the City to Proven Investigations, L.L.C., the Assignee. RECOMMENDATION Based on aforementioned, the Administration recommends that the Mayor and City Commission approve the assignment of Horizon Investigations, Inc., Agreement for investigative and adjusting services for selected tort liability and workers' compensation claims to Proven Investigations, L.L.C., effective upon execution of assi nment b the Ma or and Ci Clerk. Advisory Board Recommendation: I N/A Financial Information· Source of Amount Funds: 1 j I 2 3 OBPI Total Financial Impact Summary: Cit Clerk's OffK:e Le islative Trackin Si Assistant Ci KGB MIAMI BEACH 358 Account City JLM Assignment-Horizon -Summ AGENDA ITEM _C_7_1( __ DATE /0-/,·/3 > <9 MIAMiBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochA.gov ION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy l. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYOR NO (;ITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AP ROVING AND CONSENTING TO AN ASSIGNMENT OF THE EXISTING AGREEMENT BETWEEN THE CITY AND HORIZON INVESTIGATIONS, INC. ("HORIZON"} (AS ASSIGNOR), TO PROVEN INVESTIGATION, L.L.C. (AS ASSIGNEE) WITH SUCH APPROVAL AND CONSENT EFFECTIVE UPON EXECUTION OF ASSIGNMENT BY THE MAYOR AND CITY Cl-ERK. ADMINISTRATION RECOMMENDATION Adopt the R-esolution. KEY INTENDED OUTCOME SUPPORT-ED Control costs of payroll including salary and fringe; minimize taxes; and ensure expenditure tr~nds are sustainable over the long term. ANALYSIS On August 26, -2011, the City of Miami Beach entered into a Professional Services Agreement (the "Agreement"} with Horizon investigations, Inc., pursuant to RFP 16-10/11, for investigative (surveillance related) and adjusting services for selected tort liability and workers' compensation claims on an "as needed" basis. The primary contact for the City at Horizon Investigations has been Mr. Lee Goldwich. In a letter dated September 26, 2013, Mr. Juan Rey, CEO of Horizon Investigations requested that the contract be assigned to Proven Investigations, Inc. (Assignee) (see Attachment A}. Proven Investigations is qualified to perform the scope of work of the agreement and has acknowledged assumption of the r-emaining obligations and responsibilities originally undertaken by Horizon {see Attachment B). Mr. Goldwich, now principal of Proven Investigations, will continue to lead all of the City's requirements with regard to the scope of the agreement. Invoices rendered for work performed under the Agreement prior to the Assignment being executed by the Mayor and City Clerk shall be paid by the City to the Assignor, and any invoices r-endered for work performed under the Agreement after execution shall be paid by the City to Proven Investigations, L.L.C., the Assignee. CONCLUSION Based on aforementioned, the Administration recommends that the Mayor and City Commission approve the assignment of Horizon Investigations, Inc., Agreement for investigative and adjusting services for selected tort liability and workers' compensation claims to Proven Investigations, L.L.C., effective upon execution of assignment by the Mayor and City Clerk. Attachment~~ JLMtmsre=:T T:\AGEry-013\0ctober 16\Procurement\Consent to Assignment-Horizon -Memo.docx 359 Mr. Alex Denis Procur-ement Director ATTACHMENT A Horizon Investigations, Inc. PO Box 550103 Fort Lauderdale, FL 33355 T&l: (954) 986-9408 Fax: (954) 986-9409 September 26, 2013 Dept of Procurement Management 1700 Convention Center Drive Miami Beach, FL 33139 Re: R-EQUEST FOR PROPOSALS (RFP) N0.16-10111 FOR INVESTIGATIVE AND ADJUSTING SERVICES FOR SELECTED TORT LIABILITY >CLAIMS AND WORKERS' COMPENSATION CLAIMS Dear Mr.·Denis: Hori.zon Investigations, Inc. hereby requests that the above contract be assigned from Hori.zon Investigations, Inc to Proven Investigations, LLC. 360 Sincere~ ~- ttCfJV} c-. Juan C. Rey CEO ATTACHMENT B Proven Investigations, LLC. 15751 Sheridan Street# 410 Fort Lauderdale, FL 33331 Marta Fernandez-Rubio, CPPB Dept of Procurement Management 1700 Convention Center Drive Miami Beach, FL 33139 Tel: (954) 252-6669 Fax: (954) 986-9409 September 26, 2013 Re: REQUEST FOR PROPOSALS (RFP) N0.16-10/11 FOR INVESTIGATIVE AND ADJUSTING SERVICES FOR SELECTED TORT LIABILITY CLAIMS AND WORKERS' COMPENSATION CLAIMS Dear Ms. F·ernandez-Rubio: I understand the contract referenced above is pending assignment from Horizon Investigations, Inc to Proven Investigations, LLC. I accept said assignment on beha1f of Proven Investigations, LLC. Sincerely, PROVEN INVESTIGATIONS, LLC. / .·' . 7j! -~:~··?~··)"--:·, ,____p .. ~~~~ LeeS. Goldwich ·--. Managing Member '1-YWW.PROVF.NlNVESTIGATIONS.com 361 CONSENT TO ASSIGNMENT AND FIRST AMENDMENT TO THE AGREEMENT FOR INVESTIGATIVE AND ADJUSTING SERVICES FOR SELECTED TORT LIABILITY AND WORKERS' COMPENSATION CLAIMS ON AN "AS NEEDED" BASIS, (CONTRACT NO. 16-10/11) The Consent to Assignment and First Amendment is entered into this _____ day of , 2013 (Effective Date), by and among the CITY OF MIAMI BEACH (the City), a Florida municipal corporation, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City"); HORIZON INVESTIGATIONS, INC. (Assignor), a Florida corporation, whose principal address is 5595 Orange Drive, Suite 202, Davie, Florida 33314, and Proven Investigations, L.L.C. ("Assignee"), a Florida corporation, whose principal address is 1008 Maldonado Drive, Pensacola Beach, Florida 32561. WITNESSETH: WHEREAS, on June 1, 2011, pursuant to Resolution No. 2011-27664, the City entered into a Professional Services Agreement with Horizon investigations, Inc. ("Horizon") pursuant to RFP 16-10/11, for investigative (surveillance related} and adjusting services for selected tort liability and workers' compensation claims on an "as needed" basis ("Agreement"); and WHEREAS, Assignor wishes to assign the Agreement to Assignee; and WHEREAS, pursuant to the Agreement, assignment of the Agreement requires the written consent of the Mayor and City Commission; and WHEREAS, the Administration has exercised its due diligence on the proposed Asignee and recommends said assignment; and WHEREAS, Assignee will assume all of the remaining obligations and responsibilities originally undertaken by Assignor; and WHEREAS, the foregoing Consent to Assignment and First Amendment to the Agreement, shall have an effective date as of the Effective Date, and remain in effect throughout the remainder of the Term of the Agreement. NOW, THEREFORE, the City, Assignor, and Assignee, for and in consideration of the mutual covenants, agreements and undertakings herein contained, do by these presents mutually covenant and agree to assign and amend the Agreement No. 16- 10/11, as follows: 1. The City of Miami Beach, Florida hereby consents to the assignment of the Agreement, from Horizon Investigations, Inc. (also referred to as the Contractor/Assignor), to Proven Investigations, L.L.C. (also referred to as new Contractor/Assignee). Assignor and new Contractor/Assignee hereby acknowledge and agree to said assignment, and Assignee further agrees to be bound by the terms and conditions of the Agreement, as further amended by this Consent to Assignment and First Amendment; all as 362 further evidenced by the parties' execution of the Consent to Assignment, attached hereto and incorporated herein as Exhibit "A". 2. The new Contractor shall agree to furnish to the City's Risk Manager, Certificates of Insurance or endorsements evidencing the insurance coverage specified in the Agreement. 3. Except as otherwise specifically amended herein, all other terms and conditions of the Agreement, shall remain in full force and effect. In the event there is a conflict between the terms provided herein and the Agreement, the provisions of this Assignment and First Amendment shall govern. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 363 IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTEST: By: City Clerk Rafael Granado FOR CONTRACTOR: ATTEST: HORIZON INVESTIGATIONS, INC. By: __________ _ Secretary Print Name ATTEST: PROVEN INVESTIGATIONS, L.L.C. By: __________ _ Secretary Print Name 364 CITY OF MIAMI BEACH, FLORIDA Mayor Matti Herrera Bower ASSIGNOR: President Print Name NEW CONTSULTANT/ASSIGNEE: President Print Name EXHIBIT A CONSENT TO ASSIGNMENT INVESTIGATIVE AND ADJUSTING SERVICES FOR SELECTED TORT LIABILITY AND WORKERS' COMPENSATION CLAIMS ON AN "AS NEEDED" BASIS, AGREEMENT N0.16-10/11 This Assignment is being entered into as of , by and between Horizon Investigations, Inc. ("HORIZON") (Assignor), a Florida corporation, and Proven Investigations, L.L.C. (New Consultant/Assignee), a Florida corporation whose principal address is 1008 Maldonado Drive, Pensacola Beach, Florida, 32561. WITNESSETH, that for valuable consideration in hand paid by the Assignee to the Assignor, receipt of which is hereby acknowledged, the Assignor hereby assigns and transfers to the New Contractor/Assignee, and Assignee hereby accepts, all of its right, title and interest in and to the following described agreements: 1. Assignee agrees to be bound and shall comply with all legal terms and conditions, and responsibilities outlined in the Assignor's Professional Services Agreement with City. 2. The New Contractor/Assignee, shall agree to honor and maintain all required warranties and responsibilities for all previously completed projects by Assignor; and any ongoing project that the Assignor has with the City, as of the effective date of this Consent to Assignment. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 365 IN WITNESS WHEREOF, the parties hereto have executed this Assignment on the day and year first above written. HORIZON INVESTIGATIONS, INC. (Assignor) By ____________________ _ President/ Signature Date Print Name ATTEST: Secretary/ Signature Print Name PROVEN INVESTIGATIONS, L.L.C. (New Consultant/Assignee) By ________ ~------------ Presidentl Signature Date Print Name ATTEST: Secretary/ Signature Print Name 366 RESOLUTION TO BE SUBMITTED 367 COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving a parking agreement lease with the NMMA (National Marine Manufactures' Association} Boat Show for the Preferred Parking Lot and Related Space; Additional Storage Space; and Services to be provided by the City's Parking Department, for specific dates in February 2014, 2015, and 2016, said lease running concurrently with the Boat Show lease with the Miami Beach Convention Center. Key Intended Outcome Supported: Improve Parking Availability; Maintain Financial Health and Overall Bond Rating. Supporting Data (Surveys, Environmental Scan, etc.): 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 better to live, work or play. Item Summary/Recommendation: The City has maintained a lease with NMMA (National Marine Manufacturers Association) for the NMMA Miami International Boat Show, for the rental of the Preferred Parking Lot and related public areas as extended exhibit space since 1993. The lease expired after the 2013 Boat Show. It is desirous that the Parking Lease Agreement be extended and that it run concurrent with the NMMA lease with the Miami Beach Convention Center for the same term. A new three year agreement (2014-2016) has been negotiated (see attached). The changes are an increase in the rental rate and a minor reduction in parking space rentals. All other terms remain consistent with the previous agreements, including a notice provision for capital improvements to the premises, for the Miami Beach Convention Center Project. Rent is being increased by CPI or 4% whichever is greater over each of the three years. Rents will be, at a minimum, $125,726 in 2014; $130,755 in 2015; and $135,985 in 2016. Over the years, NMMA has had excellent results, by way of high ridership, on their shuttle services for their multiple venues. NMMA fully funds their own shuttles which services the Miami Beach Convention Center and other NMMA Boat Show venues on the mainland. NMMA will continue to provide its full shuttle services on all show dates and to all of its show locations. Miami-Dade Transit /South Beach Local (MDT/SBL) will continue to operate and support park and ride options from municipal lots and garages along the circulator's route. ADOPT THE RESOLUTION Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin Saul Frances, Parkin Director n-Offs: t Director Assista MIAMI BEACH Account 368 Approved AGENDA ITEM -----=-_C_7_L=-:.......,=- DATE /0-(6-/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM Mayor Matti H. Bower and Mem rs of the clty Commission TO: FROM: Jimmy L. Morales, City Manager l ~ DATE: SUBJECT: October 16, 2013 n--...... / A RESOLUTION OF THE M YOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, A PROVING A PARKING AGREEMENT LEASE WITH THE NMMA (NATIONAL MARINE MANUFACTURERS' ASSOCIATION) BOAT SHOW FOR THE PREFERRED PARKING LOT AND RELATED SPACE; ADDITIONAL STORAGE SPACE; AND SERVICES TO BE PROVIDED BY THE CITY'S PARKING DEPARTMENT, FOR SPECIFIC DATES IN FEBRUARY 2014; 2015; AND 2016, SAID LEASE RUNNING CONCURRENTLY WITH THE BOAT SHOW LEASE WITH MIAMI BEACH CONVENTION CENTER. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. BACKGROUND: On April16, 1993, the City of Miami Beach entered into a Lease Agreement with NMMA (National Marine Manufacturers Association) for specific days in February 1994, 1995, 1996, 1997 and 1998 for the NMMA Miami International Boat Show, for the rental of the Preferred Parking Lot and related public areas as extended exhibit space. The Mayor and Commission approved a three (3) year agreement in 1998 for specific days in February 1999, 2000, and 2001. Subsequently, the Mayor and Commission approved a three (3) year agreement in 2001 for specific days in February 2002, 2003, and 2004. Again in 2004, the Mayor and Commission approved a four year agreement for specific dates in February in 2005, 2006, 2007, and 2008. The Mayor and Commission approved agreements for two subsequent terms, one for specific dates in February 2009 and 201 0; and one for specific dates in February 2011, 2012, and 2013. It is desirous that the Parking Lease Agreement run concurrent with the NMMA lease of the Miami Beach Convention Center. ANALYSIS: The NMMA desires to continue the rental of the Preferred Parking Lot for exhibit space and other areas for ancillary uses. NMMA has secured the Miami Beach Convention Center (MBCC) for specific dates in February in 2014, 2015, and 2016. A three year parking lease agreement would expire concurrently with the MBCC lease agreement and would allow for concurrent renewals, if approved. Additionally, a three year term is not expected to impact the development track of the MBCC Development Project in years 2014 and 2015. There will 369 NMMA Boat Show Preferred Parking Lot Agreement October 16, 2013 Page 2 of 3 likely be an impact in 2016. Therefore, the Agreement includes language providing for a six (6) months notice to NMMA prior to any construction/capital improvements to the Preferred Parking Lot and/or its vicinity. The attached lease embodies the proposed Lease Agreement for the parking lot and related areas. The following are the previous and revised terms as negotiated with NMMA and outlined in the attached agreement. All other terms remain consistent unless otherwise noted: Rental Fees: The rental rate for the Premises shall be $125,726 in 2014; $130,755 in 2015; and $135,985 in 2016, including applicable sales tax, per year. Additionally, Lessee agrees to be solely responsible during the term herein for the payments of any and all taxes and/or assessments, particularly real estate taxes, which may be levied against the Premises as a result of Lessee's actions and operations thereon. Rental rate shall be adjusted annually based on the annual Consumer Price Index (CPI), or 4%, whichever is higher and/or any parking rates contained herein as may be amended from time to time by ordinance by the Mayor and Commission shall be applicable to the parking space rental rates contained herein. The following is an itemized listing of the rental fees per year: a) Preferred Parking Lot (886 parking spaces): 886 parking spaces X $22.50 in 2010 ($15.00 X 1.50 parking space turnover ratio) X five (5) days: $ 99,675 b) Municipal Surface Parking Lot No. 5H (26 parking spaces): 26 parking spaces X $10.00 (parking meter daily rental fee) X 28 days: $ 7,280 c) Metered Parking Spaces (18 parking spaces): 18 on-street parking spaces X $10.00 (parking meter daily rental fee) X 9 days (to be reduced from 9 to 5/$900): $ 1,620 d) Additional Storage Area (18 parking spaces): 18 parking spaces X $10.00 (parking meter daily rental fee) X 16 days: $ 2,880 Sub-total: $111,455 CPI or 3% Adjustment: $ 3,344 2011 Grand Total: $114,799 CPI or 3% Adjustment: $ 3,444 2012 Grand Total: $118,243 CPI or 3% Adjustment: $ 3,547 2013 Grand Total: $121,790 Credit (Space rental reduction from 9 to 5 (see 5c) ($ 900) Sub-total: $120,890 CPI or 4% Adjustment: $ 4,836 2014 Grand Total: $125,726 370 NMMA Boat Show Preferred Parking Lot Agreement October 16,2013 Page 3 of 3 NMMA Boat Show Shuttle Service Over the years, NMMA has had excellent results, by way of high ridership, on their shuttle system which services their venues. NMMA fully funds their own shuttle system which services the Miami Beach Convention Center and other NMMA Boat Show venues on the mainland. NMMA will continue to provide its full shuttle services on all show dates and to all of its show locations. Miami-Dade Transit /South Beach Local (MDT/SBL) will continue to operate and support park and ride options from municipal lots and garages along the circulator's route. CONCLUSION: The Lease Agreement proposed for the 2014, 2015, and 2016 Boat Shows commands a rental rate for all parking related areas and services in the amount of $125,726 in 2014; $130,755 in 2015; and $135,985 in 2016. This is based on a minimum annual increase of 4%, which is based on CPI or 4%, whichever is greater. In addition, any amendment to the City's parking rate ordinance that is applicable to the parking rates contained herein shall amend this agreement accordingly. The proposed lease represents a consensus document, and is in the best interest of the City of Miami Beach. The Administration recommends approval of the Resolution and the Lease Agreement. JLM/PDW :'if T:\AGENDA\2013\0ct16\\NMMA20 13.cme.doc ~ 371 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 PARKING LEASE AGREEMENT WITH THE NATIONAL MARINE MANUFACTURERS ASSOCIATION (NMMA) BOAT SHOW FOR THE PREFERRED PARKING LOT AND OTHER CITY PROPERTY ADJACENT TO THE BOAT SHOW EXHIBITION SPACE/PREMISES; SAID LEASE FOR THE BOAT SHOW DATES IN FEBRUARY 2014, 2015, AND 2016, RESPECTIVELY, AND RUNNING CONCURRENTLY WITH THE BOAT SHOW LEASE AGREEMENT FOR USE OF THE MIAMI BEACH CONVENTION CENTER. WHEREAS, the National Marine Manufacturers Association (NMMA) Boat Show has entered into a Lease Agreement with the City for use of space in the Miami Beach Convention Center (MBCC) for specific dates in February 2014, 2015, and 2016, for the Miami International Boat Show (Boat Show); and WHEREAS, the Boat Show, through a separate lease with the City, has also the Preferred Parking Lot, located at 1800 Convention Center Drive, to extend its exhibit space from the interior of the MBCC; Municipal Surface Parking Lot No. P33 (at 191h Street and Meridian), for exhibitor stora~e; metered parking spaces on the east side of Meridian Avenue (between 181h and 19 h Streets) as a shuttle drop-off and/or pick-up ramp; and metered spaces (on south side of 181h Street, east of Convention Center Drive) for additional storage (collectively, hereinafter referred as the Premises); and WHEREAS, the Boat Show has leased the Premises for the past twenty (20) years; and WHEREAS, the Administration has negotiated the attached new Parking Lease Agreement with NMMA, for the Boat Show dates in February 2014. 2015, and 2016, respectively; and WHEREAS, said Agreement is to run concurrently with the Boat Show Lease Agreement for use of the Miami Beach Convention Center; and WHEREAS, the attached Lease Agreement increases the net return to the City (over the previous lease agreement}; and WHEREAS, the attached Lease Agreement includes a notice provision regarding capital improvements to the premises, including improvements to the Miami Beach Convention Center. 372 NOW, THEREFORE, BE IT DULY RESOLVED BY THE 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 the attached Parking Lease Agreement with the National Marine Manufacturers Association (NMMA) Boat Show for the Preferred Parking Lot, and other City property adjacent to the Boat Show exhibition space/premises; said Lease for the Boat Show dates in February 2014, 2015, and 2016, respectively, and running concurrently with the Boat Show Lease Agreement for use of the Miami Beach Convention Center. PASSED AND ADOPTED this ___ day of _______ , 2013 ATTEST: CITY CLERK JLM/PDW/SF T \AGENDA\2013\0ct16\NMMA2013.res.doc 373 ( \ l. "-~. MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida creating a commercial use permit process and fee for the purpose of legitimizing and management of fitness, training, tennis and other outdoor professional services at City facilities parks and beaches. 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: Section 82-1 of the Miami Beach City Code addresses conducting business on streets, parks or other public property: enforcement; penalties; unpaid fines to constitute liens. Currently private commercial instruction for a fee is being conducted on City owned properties. City Administration recommends the establishment of a process and fee to legitimize and manage fitness, training, tennis and other outdoor professional services on city managed facilities, parks and beaches. Recommended fees for the use of city owned property are divided in three categories with three tiers. The fee per site for a Miami Beach based not for profit corporations is one month at $25, six months at $150 and one year at $300, Businesses with a current Business Tax Receipt for same or similar services will be one month at $50, six months at $300 and one year at $600 the fee for those without a current Business Tax Receipt for the same or similar services will be one month at $100, six months at $600 and one year at $1200. Applicants would be limited to the use of two City approved facilities and pay a $45.00 application fee at the time of request to cover direct costs of processing the application. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Si n-Offs: Department Director Assistant City Manager City Manager JR JMT T:IAGENDA\2013\0ctober 16\Reso Approving Miami Beach Commercia MIAMI BEACH 374 JLM Permit Fee-Summary 10-16-13.doc AGENDA ITEM c 7 M DATE /0-/6 -1_3 -···-·--------------------------------------- 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 Mem rs of lht:mission FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CREATING A C MMERCIAL USE PERMIT PROCESS AND FEE FOR THE PURPOSE OF LEGITIMIZING AND MANAGEMENT OF FITNESS, TRAINING, TENNIS AND OTHER OUTDOOR PROFESSIONAL SERVICES AT CITY FACILITIES PARKS AND BEACHES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING N/A BACKGROUND Within the last few years, the awareness and pursuit of healthier and more active lifestyles has proven to become progressively more popular. This popularity is widespread and evident on the public spaces of Miami Beach. The number of private fitness instructors, yoga instructors, tennis instructors, and similar fitness related activities has increased in numbers many of which utilize City owned facilities, parks and beaches to conduct their classes and boot camps. While the intent of an active lifestyle is supported there is a need to legitimize these private instructors as their activities, especially if done incorrectly, could impact the safety of the participant, persons nearby and expose the City to unnecessary liability. Many other municipallties throughout the United States, and locally, have established a similar permit application process and fee, in order to properly legitimize the specific instruction on City owned property. By managing such activities, the City is not only able to better monitor what instruction is going on, and where but also screen applicants for proper training, certificates, insurance and other pertinent information. Staff briefed the Finance and Citywide Projects Committee at their August 21,2013 meeting as this proposed process was discussed during a department revenue item for the FY 2013/2014 City Budget. It was further explained that the City Code, as currently written does not allow for any commercial use of, and or for profit business venture to be permitted on City property, without City authorization. The proposed permit provides for the necessary process and authorization. 375 The recommended fees for use of city owned spaces are as follows: Permit Miami Beach Based Applicants with current Applicants without Duration Not-For-Profit Business Tax Receipt for current Business same or similar services Tax Receipt for same or similar services One Month $25 $50 $100 Six Months $150 $300 $600 One Year $300 $600 $1200 Applicants would be limited to the use of two City approved facilities and pay a $45.00 application fee at the time of request to cover direct costs of processing the application. CONCLUSION The Administration recommends the creation of a commercial use and permit process and fee for the purpose of legitimizing and management of fitness, training, tennis and other outdoor professional services at City managed facilities, parks and beaches. JLMIJMT/JR T:\AGENDA\2013\0ctober 16\Reso Approving Miami Beach Commercial Use Permit Fee Comm MEMO 376 --··-·· -·- RESOLUTION TO BE SUBMITTED 377 l..:UMMI:S:SIUN II tM :SUMMAKY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Accepting The Recommendation Of The City Manager To Reject All Proposals Received Pursuant To Request For Proposals (RFP) No. 01-2013ME For Unarmed Security Guard Services; Authorizing A Month· To-Month E-xtension With The Current Contractor; And Requesting The Administration To Submit A New RFP For_~proval To Issue On December 11, 2013. Ke Intended Outcome Su orted: Increase resident rating of public safety services; and maintain crime rates at or below national rates. Since April2, 2007, the City has been under contract agreement No.34-05/06 with Security Alliance LLC (Security Alliance), to provide Unarmed Security-Guard Services at locations around the City, as shown in Appendix "A". The-current contract also allows for as-needed security guard services City-wide. The provision of security guard services City-wide is managed by the Police Department. The contract was set to expire on April 30, 2012. However, at its July 18, 2012, the City Commission approved a month-to-month extension of the contract to allow for time to rebid the services. On December24, 2012, RFP No. 01-2013ME was issued with an opening date of March 1, 2013. The Evaluation Committee convened on May 17, 2013 to evaluate proposals received and shortlist the proposers forfurtherconsideration in accordance with the criteria set forth in the RFP. The Committee shortlisted five (5) top-ranked companies for further consideration through presentations and interviews: G4S Secure Solutions, McRoberts Protective Agency, 50 State Security, Allied Barton, and Kent Security. On June 24, 2-Q13, the Evaluation Committee met to receive presentations from the short-listed firms. Details of the Evaluation Committee recommendation are included in the attached memo. However, after carefully reviewing the RFP requirements and the results of the Committee evaluation process, the City Manager finds that the Committee may have acted outside of its authority {as dictated by the RFP). Additionally, the City Manager also finds as follows: 1. Cost. The costs proposed .by the top-ranked proposers exceed the City's current rates, as well as the rates paid by Miami-Dade County. 2. RFP. The RFP released may have contained some irregularities and lack of clarity in the minimum requirements, which may have caused confusion, prevented some bidders from participating, or prevented a thorough evaluation of respondents. For example, addendums had to be issued clarify licensure requirements which, at one point, listed Class D Licenses issued by the State of Florida, which are only required by armed security guards, although the RFP was clearly for unarmed security guards. Additionally, the RFP asked that proposers submit their Standard & Poor's (S & P) or Moody's ratings, which are only available for publically traded companies. For non-publically traded companies, the RFP required financial statements to be submitted, which had to be evaluated by City staff and represent only a small, somewhat subjective, perspective of financial capacity rather than the more comprehensive and objective perspective available through a D & B Supplier Qualifier Report (currently utilized by the City for evaluating, in part, financial capacity). 3. Scoring of Costs. The City has moved to an objective methodology for evaluating cost proposals that removes subjectivity and inconsistencies by Evaluation Committee members. However, this RFP was issued prior to those changes. As a result, it appears that certain inconsistencies may have arisen from a subjective evaluation of cost by Evaluation Committee members. Based on the aforementioned, the City Manager believes it is in the best interest of the City to reject all proposals received and release a subsequent RFP for security guard services after considering revisions to the solicitation for the issues noted above, including possible reasons for the higher rates. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the revised recommendation of the City Manager to reject all proposals received pursuant to request for proposals (RFP) No. 01-2013ME for unarmed security guard services; further authorizing a month-to-month extension with the current contractor; and submit a revised RFP for a roval to issue on December 11, 2013. Advisory Board Recommendation: INA Financial Information· Source of Funds: Amount 1 N/A OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 Sign-Offs: ,-~partment Director N/A Assistant C~Manager KGB .#If) v Account JLM / ~ I T:\AGEI llf1A\2013\0ctober 16\Procurement\RFP-01-2013 ME Unarmed Security -Summary.doc MIAMI BEACH 378 AGENDA ITEM C 7 f./ DATE /0-/6-/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 bers of th4kity Commission FROM: Jimmy L Morales, City Manager .J;:sa-- DATE: October 16, 2013 SUBJECT:A RESOLUTION OF THE MAY AND CITY ..COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCE TING THE REVISED RECOMMENDATION OF THE CITY MANAGER PURSUAN TO REQUEST FOR PROPOSALS (RFP) NO. 01-2013ME, FOR UNARMED SECURITY GUARD SERVICES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Increase resident rating of public safety services; and maintain crime rates at or below national rates FUNDING The annual cost associated with City-wide security guard services is subject to funds availability approved through the annual budgeting process. The funding and accounts for the FY 2014 are appr-oximately $3,153,000.00. BACKGROUND Since April 2, 2007, the City has been under contract agreement No.34-05/06 with Security Alliance LLC (Security Alliance), to provide Unarmed Security Guard Services at locations around the City, as shown in Appendix "A". The current contract also allows for as-needed security guard services City-wide. The provision of security guard services City-wide is managed by the Police Department. The contract was set to expire on April 30, 2012. However, at its July 18, 2012, the City Commission approved a month-to-month extension of the contract to allow for time to rebid the services. On December 24, 2012, RfP No. 01-2013ME was issued with an opening date of March 1, 2013. The RfP resulted in the receipt of the following twelve proposals: 1. 50 State Security Service, Inc 2. Allied Barton Security Services 3. FPI Security Services 4. G4S Secure Solutions (USA) Inc. 5. Kent Security 6. McRoberts Protective Agency, Inc. 7. Navarm Group Lld. Inc. 8. Ocasa Logistics Solutions 9. Platinum Group Security 10. Responsible Security Inc. 11. SFM Security 12. US Security On April 18, 2013, the City Manager via Letter to Commission {LTC) No. 135-2013, appointed an Evaluation Committee (the "Committee") for the purpose of evaluating the proposals 379 Commission Memorandum -RFP # 01-2013 Unarmed Security Guards October 16, 2013 Page2 received in accordance with the criteria established in the RFP. Subsequent to the appointment of the Committee and resulting from scheduling and other conflicts experienced by certain Committee members, changes to the Committee composition were required which resulted in the final list of Committee members: • Mickey Minagorri, Committee Chair, Resident and Leadership Academy Graduate • John Bowes, Resident and Leadership Academy Graduate • Tony Kanieswski, Director, Property Management, City of Miami Beach • Julio Magrisso, Assistant Director, Parks and Recreation Department, City of Miami Beach • Michael Silverman, Resident and Leadership Academy Graduate The Committee convened on May 17, 2013 to evaluate proposals received and shortlist the proposers for further consideration in accordance with the criteria set forth in the RFP as follows: ·~~~~~~~~~~~~~~========~~~~==~~~=-~~~ ;iJff6ta 1 :,;~oints: ~ • ·~~,;~2•i;~J1~~!~1~1tiii;!!Iitlii:fUlt,!,l!l3jl~IJ!ili\19rH¢tJtitiil!/i1iBH;xJ:;;f:~ist~i~;:: :~, 'i: ,:::;>2': ;:; 35 20 10 10 Experience and qualifications of the Contractor Experience and qualifications of the Management Team Past performance based on Performance Evaluation Surveys Financial Strength as evidenced by the CPA reviewed/audited financial statements, third-party reports. 25 Cost Additional points, over the aforementioned potential points were to be allocated, if applicable and in accordance to following ordinances. LOCAL PREFERENCE: The Procurement personnel assigned an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. Two (2) proposers, G4S Secure Solutions and SFM Security, were eligible for Local preference. VETERANS PREFERENCE: The Procurement personnel assigned an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. Two (2) proposers, 50 State Security Service, Inc. and McRoberts Protective Agency, Inc., were eligible for Veterans preference. 380 Commission Memorandum -RFP # 01-2013 Unarmed Security Guards October 16, 2013 Page3 The Committee individually evaluated the proposers' qualifications, experience, and competence, and further scored and ranked the proposers accordingly. The Committee's preliminary rankings pursuant to the proposal evaluation short-listing phase were as follows: Following the initial evaluation of proposals, the Committee recommended shortlisting the five (5) top-ranked companies for further consideration through presentations and interviews: G4S Secure Solutions, McRoberts Protective Agency, 50 State Security, Allied Barton, and Kent Security. On June 24, 2013, the Committee met to receive presentations from the short-listed firms. After presentations and question and answer sessions with each firm, the Committee individually scored each firm on the criteria outlined in the RFP as a basis for deliberations. The Committee's preliminary rankings after the presentations and Q&A session were as follows: Following the preliminary scoring of presentations and Q&A session, the Committee deliberated extensively on individual perceptions of the proposers' qualifications, experience, and competence. In deliberating the Committee discussed, in general, the following advantages and disadvantages of each proposal. The Committee discussed that G4S Security Solution offered the highest quality proposal overall, but had submitted the highest cost out of the five (5) shortlisted proposers. The Committee discussed that Kent Security offered cutting- edge technology that would be beneficial to the City, including point of view cameras on the guards and installation of cameras in all supervisor patrol vehicles which will report images via internet to the dispatch command center. However, the Committee discussed that Kent Security did not offer uniforms and guard appearance at the same level of quality as had other proposers. Finally, the Committee discussed that 50 State Security Service offered a good proposal, but offered less technological innovation and a higher cost than Kent Security. 381 Commission Memorandum-RFP # 01-2013 Unarmed Security Guards October 1u, 2013 Page4 Following the deliberation process, a motion was presented by Julio Magrisso, seconded by Michael Silverman, and unanimously approved by all Committee members, to recommend the following final ranking of proposers: The Committee recommended that Administration engage in negotiations with G4S Security Solutions, as the top-ranked firm, providing that G4S Security Solution was willing to lower its costs to the City by 10%. In the event that the Administration was unable to negotiate an agreement with G4S Security Solution, the Committee recommended that the Administration engage in negotiations with Kent Security, as the second-ranked firm, providing that Kent Security included the proposed technological innovations and improved the quality and appearance of its uniforms .. In the event that the Administration was unable to negotiate an agreement with Kent Security, the Committee recommended that the Administration engage in negotiations with 50 State Security Service, as the third-ranked firm, providing that 50 State Security Service lowered its costs to the City. MANAGER'S DUE DILIGENCE AND REVISED RECOMMENDATION After carefully reviewing the RFP requirements and the results of the Committee evaluation process, the City Manager finds that the Evaluation Committee may have acted outside of its authority (as dictated by the RFP). Additionally, the City Manager also finds as follows: 1. Cost. The costs proposed by the top-ranked proposers exceed the City's current rates, as well as the rates paid by Miami-Dade County. 2. RFP. The RFP released may have contained some irregularities and lack of clarity in the minimum requirements which may have caused confusion, prevented some bidders from participating, or prevented a thorough evaluation of respondents. For example, addendums had to be issued clarify licensure requirements which, at one point, listed Class D Licenses issued by the State of Florida, which are only required by armed security guards, although the RFP was clearly for unarmed security guards. Additionally, the RFP asked that proposers submit their Standard & Poor's (S & P) or Moody's ratings, which are only available for publically traded companies. For non- publically traded companies, the RFP required financial statements to be submitted, which had to be evaluated by City staff and represent only a small, somewhat subjective, perspective of financial capacity rather than the more comprehensive and objective perspective available through a D & B Supplier Qualifier Report {currently utilized by the City for evaluating, in part, financial capacity). 3. Scoring of Costs. The City has moved to an objective methodology for evaluating cost proposals that removes subjectivity and inconsistencies by Evaluation Committee members. However, this RFP was issued prior to those changes. As a result, it appears that certain inconsistencies may have arisen from a subjective evaluation of cost by Evaluation Committee members. 382 Commission Memorandum -RFP # 01-2013 Unarmed Security Guards October 16, 2013 PageS Based on the aforementioned, the City Manager believes it is in the best interest of the City to reject all proposals received and release a subsequent RFP for security guard services after considering revisions to the solicitation for the issues noted above, including possible reasons for the higher rates. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the revised recommendation of the City Manager to reject all proposals received pursuant to request for proposals (RfP) No" 01-2013ME for unarmed security guard services; further authorizing a month-to-month extension with the current contractor; and submit a revised RfP for approval to issue on December 11, 2013. T:\AGENDA\2013\0ctober 16\Procurement\RFP-01-2013 ME Unanned Security Guards -Memo-FINAL.doc 383 RESOLUTION TO BE SUBMITTED 384 THIS PAGE INTENTIONALLY LEFT BLANK 385 COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the City of Miami Beach, Florida authorizing the City Manager and City Clerk to execute voluntary cooperation and operational mutual aid agreements with the following governmental agencies: 1) Bal Harbour Village, 2) Town of Bay Harbor Islands, 3) Village of Biscayne Park, 4) City of Coral Gables, 5) City of Doral, 6) City of Hialeah Gardens, 7) Town of Medley, 8) City of Miami Springs, 9) City of Opa Locka, 10) City of Sweetwater, Florida for the purpose of coordinating law enforcement planning, operations, and mutual aid and benefit between the City of Miami Beach and Bal Harbour Village, Town of Bay Harbor Islands, Village of Biscayne Park, City of Coral Gables, City of Doral, City of Hialeah Gardens, Town of Medley, City of Miami Springs, City of Opa Locka, and the City of Sweetwater, Florida. Key Intended Outcome Supported: Increase police visibility. Supporting Data (Surveys, Environmental Scan, etc.): Per the 2012 City of Miami Beach Community Satisfaction Final Report by Kerr and Downs Research Company, Increasing police visibility in neighborhoods was the second most popular method for improving public safety this in addition to increasing visibility in commercial areas. By having mutual aid agreements with surrounding local police agencies, police officers from other police agencies can augment staffing during critical periods and special events. This will in turn increase police visibility of one the City's Key Intended Outcomes. Item Summary/Recommendation: The City of Miami Beach and 1) Bal Harbour Village, 2) Town of Bay Harbor Islands, 3) Village of Biscayne Park, 4) City of Coral Gables, 5) City of Doral, 6) City of Hialeah Gardens, 7) Town of Medley, 8) City of Miami Springs, 9) City of Opa Locka, 1 0) City of Sweetwater, Florida because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are or are likely to be beyond the control, personnel, equipment or facilities of the Miami Beach Police Department or the above listed municipalities believe that it is beneficial for each to participate in a Mutual Aid Agreement as authorized by Chapter 23, Florida Statues. The Mutual Aid Agreements will allow for the sharing of law enforcement resources and the rendering of assistance both during routine and intensive law enforcement situations. These Agreements will take effect when it is signed and will expire on January 1, 2017. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 Cl 2 3 OBPI Total Financial Impact Summary: live Trackin : Si n-Offs: Department Director Assistant City Manager Raymo MBPD MIAMI BEACH 386 Account /0-/6-12 & MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M DATE: October 16, 2013 Subject: A RESOLUTION OF THE MAY RAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FlORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE MUTUAL AID AGREEMENTS WITH THE FOLLOWING GOVERNMENTAL AGENCIES: 1) BAL HARBOUR VILLAGE; 2) TOWN OF BAY HARBOR ISLANDS; 3) VILLAGE OF BISCAYNE PARK; 4) CITY OF CORAL GABLES; 5) CITY OF DORAL; 6) CITY OF HIALEAH GARDENS; 7) TOWN OF MEDLEY; 8) CITY OF MIAMI SPRINGS; 9) CITY OF OPA LOCKA; AND 10) CITY OF SWEETWATER; FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE ABOVE MENTIONED CITIES AND THE CITY OF MIAMI BEACH, FLORIDA. ADMINISTRATION RECOMMENDATION Adopt the Resolution ANALYSIS The City of Miami Beach and 1) Bal Harbour Village, 2) Town of Bay Harbor Islands, 3) Village of Biscayne Park, 4) City of Coral Gables, 5) City of Dora!, 6) City of Hialeah Gardens, 7) Town of Medley, 8) City of Miami Springs, 9} City of Opa Locka, 1 0} City of Sweetwater, Florida because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are or are likely to be beyond the control, personnel, equipment or facilities of the Miami Beach Police Department or the above listed municipalities believe that it is beneficial for each to participate in a Mutual Aid Agreement as authorized by Chapter 23, Florida Statues. The Mutual Aid Agreement will allow for the sharing of law enforcement resources and the rendering of assistance both during routine and intensive law enforcement situations. This Agreement will take effect when it is signed and will expire on January 1, 2017. CONCLUSION The Administration recommends that the Mayor and City Commission adopt this Resolution and authorize the signing of the Mutual Aid Agreements that will allow for the sharing of law enforcement resources. JLM//RAM/MNO/MG t:\agenda\2013\october 16\commissionmemomutual aid 10 municipalities.doc 387 RESOLUTION NO.------- A RESOLUTION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE MUTUAL AID AGREEMENTS WITH THE FOLLOWING GOVERNMENTAL AGENCIES: 1) BAL HARBOUR VILLAGE, FLORIDA; 2) TOWN OF BAY HARBOR ISLANDS, FLORIDA; 3) VILLAGE OF BISCAYNE PARK, FLORIDA; 4) CITY OF CORAL GABLES, FLORIDA; 5) CITY OF DORAL, FLORIDA; 6) CITY OF HIALEAH GARDENS, FLORIDA; 7) TOWN OF MEDLEY, FLORIDA; 8) CITY OF MIAMI SPRINGS, FLORIDA; 9) CITY OF OPA LOCKA, FLORIDA; 10) CITY OF SWEETWATER, FLORIDA; FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE CITY OF MIAMI BEACH AND BAL HARBOUR VILLAGE, TOWN OF BAY HARBOR ISLANDS, VILLAGE OF BISCAYNE PARK, CITY OF CORAL GABLES, CITY OF DORAL, CITY OF HIALEAH GARDENS, TOWN OF MEDLEY, CITY OF MIAMI SPRINGS, CITY OF OPA LOCKA, AND THE CITY OF SWEETWATER. WHEREAS, it is the responsibility of the respective governments of the City of Miami Beach and Bal Harbour Village, Town of Bay Harbor Islands, Village of Biscayne Park, City of Coral Gables, City of Doral, City of Hialeah Gardens, Town of Medley, City of Miami Springs, City of Opa-Locka and the City of Sweetwater, to ensure the public safety of their citizens by providing adequate levels of police service to address any foreseeable routine or emergency situation; and WHEREAS, the existence of, and continuing possibility that there may be the occurrence of law enforcement problems, and other natural and man-made conditions which are, or are likely to be, beyond the control of services, personnel, equipment, or facilities of the City of Miami Beach Police Department and Bal Harbour Village, Town of Bay Harbor Islands, Village of Biscayne Park, City of Coral Gables, City of Doral, City of Hialeah Gardens, Town of Medley, City of Miami Springs, City of Opa-Locka and the City of Sweetwater; and WHEREAS, it is necessary to ensure that these law enforcement agencies will have adequate resources to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the City of Miami Beach and the Village of Bal Harbor, Town of Bay Harbour Islands, Village of Biscayne Park, City of Coral Gables, City of Dora!, City of Hialeah Gardens, Town of Medley, City of Miami Springs, City of Opa-Locka and the City of Sweetwater; and WHEREAS, the City of Miami Beach and the Village of Bal Harbour, Town of Bay Harbor Islands, Village of Biscayne Park, City of Coral Gables, City of Doral, City of Hialeah Gardens, Town of Medley, City of Miami Springs, City of Opa-Locka and the City of Sweetwater, have the authority under Chapter 23 of the Florida Statutes, known as the "Florida Mutual Aid Act," to enter into the attached Voluntary Cooperation and Operational Assistance Mutual Aid Agreement. 388 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager and City Clerk are authorized to execute Mutual Aid Agreements with the following governmental agencies: 1) Bal Harbour Village, Florida; 2) Town of Bay Harbor Islands, Florida; 3) Village of Biscayne Park, Florida; 4) City of Coral Gables, Florida; 5) City of Doral, Florida; 6) City of Hialeah Gardens, Florida; 7) Town of Medley, Florida; 8) City of Miami Springs, Florida; 9) City of Opa Locka, Florida; 1 0) City of Sweetwater, Florida; for the purpose of coordinating law enforcement planning, operations, and mutual aid benefit between the City of Miami Beach and Bal Harbour Village, Town of Bay Harbor Islands, Village of Biscayne Park, City of Coral Gables, City of Doral, City of Hialeah Gardens, Town of Medley, City of Miami Springs, City of Opa Locka, and the City of Sweetwater. PASSED and ADOPTED this ___ day of October, 2013. ATTEST BY: RAFAEL E. GRANADO, CITY CLERK MAYOR MA TTl HERRERA BOWER I 389 APPROVED AS TO FORM & LANGUAGE & FOR ECUTION~ 4 J> TT RNEY A2 D TE COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Major and City Commission of the City of Miami Beach, Florida, authorizing the City Manager and City Clerk to execute a memorandum of understanding between the City of Miami Beach on behalf of the Miami Beach Police Department, and Miami Dade County on behalf of the Miami Dade Police Department to participate in Operation Stonegarden a waterborne law enforcement initiative. Key Intended Outcome Supported: Maintain crime rates at or below national trends Supporting Data (Surveys, Environmental Scan, etc.): Participating in Operation Stonegarden enables 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 commit waterborne crimes on navigational waters of Miami Beach. Item Summary/Recommendation: The United States Department of Homeland Security, Federal Emergency Management Agency's has awarded Miami Dade Police Department funding for waterborne security to Miami Dade County pursuant to Operation Stonegarden's Grant Program. The intent of Operation Stonegarden is to enhance law enforcement preparedness and operational readiness along land/water borders of the Miami Dade County including City of Miami Beach navigational waters. Miami Dade Police Department, Marine Patrol Unit in conjunction with members of the Marine Patrol Officers from Coral Gables Miami, North Miami Police Departments and the Florida Fish and Wildlife Conservation Commission will conduct ongoing law enforcement initiatives. To enhance the effectiveness of these agencies, the Miami Dade Police Department has requested the Miami Beach Police Department's Marine Patrol Squad to participate in this law enforcement initiative. Funds from Operation Stonegarden Grant will be used to reimburse the Miami Beach Police Department's overtime and fuel costs of the vessels involved in this initiative. Participating in this waterborne enforcement effort will benefit the City of Miami Beach by adding greater depth to limited Marine Patrol Squad resources. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 D 2 3 OBPI Total Financial Impact Summary: tive Trackin s· otts agn- Department Director Assistant City Manager Raymo~~ MBPD MIAMI BEACH 390 Account ( \ City Manager \ t'1 ( ' AGENDA ITEM t; 7 p DATE /0-/6-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me bers of th City Commission FROM Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT AND MIAMI DADE COUNTY ON BEHALF OF THE MIAMI-DADE POLICE DEPARTMENT TO PARTICIPATE IN OPERATION STONEGARDEN A WATERBORNE LAW ENFORCEMENT INITIATIVE. ADMINISTRATION RECOMMENDATION Approve the Resolution. ANALYSIS The United States Department of Homeland Security, Federal Emergency Management Agency's has awarded Miami Dade Police Department funding for waterborne security to Miami Dade County pursuant to Operation Stonegarden's Grant Program. The intent of Operation Stonegarden is to enhance law enforcement preparedness and operational readiness along land/water borders of the Miami Dade County including City of Miami Beach navigational waters. Miami Dade Police Department, Marine Patrol Unit in conjunction with members of the Marine Patrol Officers from Coral Gables Miami, North Miami Police Departments and the Florida Fish and Wildlife Conservation Commission will conduct ongoing law enforcement initiatives. To enhance the effectiveness of these agencies, the Miami Dade Police Department has requested the Miami Beach Police Department's Marine Patrol Squad to participate in this law enforcement initiative. Funds from Operation Stonegarden Grant will be used to reimburse the Miami Beach Police Department's overtime and fuel costs of the vessels involved in this initiative. Participating in this waterborne enforcement effort will benefit the City of Miami Beach by adding greater depth to limited Marine Patrol Squad resources. JLMtrfArJtMNO/dtf 391 RESOLUTION TO BE SUBMITTED 392 THIS PAGE INTENTIONALLY LEFT BLANK 393 COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and authorizing the Mayor and City Clerk to execute a Voluntary Cooperation Mutual Aid Agreement between the Miami Beach Police Department and the Florida Department of Law Enforcement Miami Regional Operations Child Abduction Response Team, a multi-agency team formed to investigate and prosecute persons involved in the abduction of children and provide a response to missing and endangered children. Key Intended Outcome Supported: Maintain crime rates at or below national trends. Supporting Data (Surveys, Environmental Scan, etc.): Participating in the Florida Department of Law Enforcement Miami Regional Child Abduction Response Team enables the City of Miami Beach the ability to have access to resources beyond the capability of the MBPD relative to child abductions, missing and endangered children. In essence this is a force multiplier relative to the dentification and apprehension of subjects who commit these types of crimes on Miami Beach. Item Summary/Recommendation: The Florida Department of Law Enforcement has formed the Child Abduction Response Team (CART) comprised of police agencies in the Miami region. The CART is designed to provide a group of investigators to investigate and prosecute persons involved in child abductions an respond to missing and endangered children in the Miami region. The primary goal of CART is to rescue abducted children and arrest the perpetrators of these crimes. The Florida Department of Law Enforcement has requested the Miami Beach Police Department's participation in the Miami Regional CART. The Miami Beach Police Department places a high priority on the prevention, investigation and prosecution of persons involved in child abductions, child kidnapping an allegations of endangerment utilizing detectives assigned to the Special Victim's Squad. The CART is a great benefit to the City of Miami Beach as a result of the increased investigative resources and the participating law enforcement agencies and thereby improves the effectiveness of the Miami Beach Police Department. To facilitate this process detectives assigned to the Special Victim's Squad would respond to investigate these type of crimes when available and operationally feasible. When a child abduction investigation would require resources beyond the capabilities of MBPD investigators, investigators assigned to the CART would respond to the City of Miami Beach. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 D 2 3 OBPI Total Financial Impact Summary: City Clerk's .OJfit;.J)_ Legislatjye Tracking: Michael G111e'f1;''M~a~r Planning and Research Section Si n-Offs: Department Director Assistant City Manager MIAMI BEACH 394 Account City Manager AGENDA IT EM ___..:{.,~].....!QO!:L__ DATE /0-{6-1 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 M FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 Subject: A RESOLUTION OF THE MAY RAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A VOLUNTARY COOPERATION MUTUAL AID AGREEMENT BETWEEN THE MIAMI BEACH POLICE DEPARTMENT AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, MIAMI REGIONAL OPERATIONS CHILD ABDUCTION RESPONSE TEAM, A MULTI~AGENCY TEAM, FORMED TO INVESTIGATE AND PROSECUTE PERSONS INVOLVED IN THE ABDUCTION OF CHILDREN, AND PROVIDE A RESPONSE TO MISSING AND ENDANGERED CHILDREN. ADMINISTRATION RECOMMENDATION Approve the Resolution ANALYSIS The Florida Department of Law Enforcement has formed the Child Abduction Response Team (CART) comprised of police agencies in the Miami region. The CART is designed to provide a group of investigators to investigate and prosecute persons involved in child abductions an respond to missing and endangered children in the Miami region. The primary goal of CART is to rescue abducted children and arrest the perpetrators of these crimes. The Florida Department of Law Enforcement has requested the Miami Beach Police Department's participation in the Miami Regional CART. The Miami Beach Police Department places a high priority on the prevention, investigation and prosecution of persons involved in child abductions, child kidnapping an allegations of endangerment utilizing detectives assigned to the Special Victim's Squad. The CART is a great benefit to the City of Miami Beach as a result of the increased investigative resources and the participating law enforcement agencies and thereby improves the effectiveness of the Miami Beach Police Department. To facilitate this process detectives assigned to the Special Victim's Squad would respond to investigate these type of crimes when available and operationally feasible. When a child abduction investigation would require resources beyond the capabilities of MBPD investigators, investigators assigned to the CART would respond to the City of Miami Beach. JLM/r8tl,No~cf 395 RESOLUTION TO BE SUBMITTED 396 THIS PAGE INTENTIONALLY LEFT BLANK 397 CUMMI!:iSION III::M !:iUMMA~Y Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO PARTICIPATE IN THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING CO-OPERATIVE FOR THE PURCHASE OF COMPETITIVELY BID ROUTINE OPERATIONAL REQUIREMENTS, AND WAIVING BY 5/7TH VOTE, THE CITY'S FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY. At the commencement of every fiscal year, beginning October 1, the City releases purchase orders for routine operational requirements that support the maintenance and operations of numerous departments and facilities. These routine requirements may include items as detailed on the attached memo. The need for these routine operational requirements is not limited to the City and is typical for almost every municipal government Like the City, many governments typically purchase these items through a quote process based on the need at the time of purchase. However, several years ago, many local governments realized that by aggregating the volume of many agencies, their buying power could be increased. As a result, the Southeast Florida Governmental Purchasing Co-operative (the "Co-op") was formed. The purpose of the Co-op is to work together to aggregate the volume of each agency for those routine items used by all members in an effort to maximum price discounts and operational efficiencies for each agency. The members of the Co-op include: City of Miami, Miami-Dade County, Miami-Dade County Schools, as well as approximately 50 other municipalities and public agencies in the Southeast Florida region. The memo provides further details on the benefits of co-operative purchases. As one example of the aggregated buying power of the Co-op supply agreements, the City has an annual requirement of irrigation repair parts and equipment of approximately $40,000, which is usually purchased on an as needed basis. Conversely, the Co-op has established, through a competitive process, discount pricing for the same items based on an annual volume of its members totaling approximately $700,000. The resulting Co-op supply agreements for these items include discounts as deep as 65% off of manufacturer list price for many of the same items utilized by the City to maintain irrigation systems in City parks. By participating in the Co-op, the City can benefit from the aggregated volume pricing (i.e., buying power) which is much greater than the City's resulting in significant discounted pricing on routine requirements. The benefits of co-operative purchases are widely recognized nationally. The U.S. Conference of Mayors, the National Association of State Procurement Officials and the General Services Administration of the U.S. Government, as well as other national organizations, support co-operative purchases. Through Co-op agreements for routine operational requirements, the City can take advantage of discounted pricing based on the aggregated volume of many governmental agencies across South Florida many times greater than that of the City and maximize operational efficiencies by providing a means for expeditiously acquiring items that support the operations of numerous City departments and facilities. RECOMMENATION It is recommended that the Mayor and City Commission approve a resolution authorizing the City Manager to participate in the Southeast Florida Governmental Purchasing Co-Operative for the purchase of competitively bid routine operational requirements, and waiving by 5/ih vote, the city's formal competitive bidding requirements, find in such waiver to be in the best interest of the cit . Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 NA NA I I 2 OBPI Total Financial Impact Summary: Expenditures are contingent upon approved budgeted funds. City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 S1 n-Offs: Departme T:\AGENDA\2013 MIAMI BEACH 398 AGENDA ITEM ___;C=--.;..7...:..8-'-=_ DATE /0-/6-12 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISS ON MEMORANDUM TO: FROM: Jimmy L. Morales City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MA RAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO PARTICIPATE IN THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING CO-OPERATIVE FOR THE PURCHASE OF COMPETITIVELY BID ROUTINE OPERATIONAL REQUIREMENTS, AND WAIVING BY 5/7TH VOTE, THE CITY'S FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY. ADMINISTRATION RECOMMENDATION Approve the recommendation. KEY INTENDED OUTCOME Maximize Efficient Delivery of Services BACKGROUND At the commencement of every fiscal year, beginning October 1, the City releases purchase orders for routine operational requirements that support the maintenance and operations of numerous departments and facilities. These routine requirements may include items required throughout the fiscal year, such as: • Aggregates, Top Soils and Sand • Red Clay/Sand & Silica Sand, • Automotive Oils, Lubricants & Baseball Infield Greases • Roof Tarps • Barricade and Flasher Rentals • Security & Sports Lighting Systems • Electrical Supplies Maintenance • Fertilizers & Horticultural Chemicals • Sod and Sod Installation • Fire Extinguisher Service • Swimming Pool Chemicals • Irrigation Supplies • Sports Field Dressings • Landscaping & Grounds • Automotive Parts, Supplies and Maintenance OEM Repair Parts, Related Items Small Engine Parts, Supplies & • Water Meter Fittings & Water Line Related Items Accessories • Mulch • Plumbing Parts and Supplies 399 2 I Approval of Resolution to Participate in Southeast Florida Governmental Purchasing Cooperative The need for these routine operational requirements is not limited to the City and is typical for almost every municipal government. Like the City, many governments typically purchase these items through a quote process based on the need at the time of purchase. However, several years ago, many local governments realized that by aggregating the volume of many agencies, their buying power could be increased. As a result, the Southeast Florida Governmental Purchasing Co-operative (the "Co-op") was formed. The purpose of the Co-op is to work together to aggregate the volume of each agency for those routine items used by all members in an effort to maximum price discounts and operational efficiencies for each agency. The members of the Co-op include: City of Aventura City of Miami City of Miami Gardens City of Miami Springs City of North Miami City of North Miami Beach Miami-Dade County Miami-Dade County Schools City of Boca Raton City of Boynton Beach City of Coconut Creek City of Cooper City City of Coral Springs City of Dania Beach City of Deerfield Beach City of Fort Lauderdale City of Greenacres City of Hallandale Beach City of Hollywood City of Lantana City of Lauderdale Lakes City of Lauderhill City of Lighthouse Point City of Margate City of Miramar City of North Lauderdale City of Oakland Park City of Parkland City of Pembroke Park City of Pembroke Pines City of Plantation City of Pompano Beach City of Riviera Beach City of Sunrise City of Tamarac City of Weston City of Wilton Manors Broward College Broward County Broward County School Board Broward Sheriffs Office Children's Services Council, Palm Beach County Palm Beach County SFRT A!TRI-RAIL South Central Regional Wastewater Facility Town of Davie Town of Lauderdale-By- The-Sea Town of Palm Beach Village of Palm Springs Village of Wellington As one example of the aggregated buying power of the Co-op supply agreements, the City has an annual requirement of irrigation repair parts and equipment of approximately $40,000, which is usually purchased on an as needed basis. Conversely, the Co-op has established, through a competitive process, discount pricing for the same items based on an annual volume of its members totaling approximately $700,000. The resulting Co- op supply agreements for these items include discounts as deep as 65% off of manufacturer list price for many of the same items utilized by the City to maintain irrigation systems in City parks. By participating in the Co-op, the City can benefit from the aggregated volume pricing (i.e., buying power) which is much greater than the City's resulting in significant discounted pricing on routine requirements. CONCLUSION The benefits of co-operative purchases are widely recognized nationally. The U.S. Conference of Mayors, the National Association of State Procurement Officials and the General Services Administration of the U.S. Government, as well as other national organizations, support co-operative purchases. Through Co-op agreements for routine operational requirements, the City can take advantage of discounted pricing based on the aggregated volume of many governmental agencies across South Florida many times greater than that of the City and maximize operational efficiencies by providing a 400 3 I Approval of Resolution to Participate in Southeast Florida Governmental Purchasing Cooperative means for expeditiously acquiring items that support the operations of numerous City departments and facilities. RECOMMENATION It is recommended that the Mayor and City Commission approve a resolution authorizing the City Manager to participate in the Southeast Florida Governmental Purchasing Co-Operative for the purchase of competitively bid routine operational requirements, and waiving by snth vote, the city's formal competitive bidding requirements, finding such waiver to be in the best interest of the city. JLM: KGB: AD 401 Southeast Florida Governmental Purchasing Cooperative of the Southeast Florida Chapter of the National Institute for Governmental Procurement The Southeast Florida Governmental Purchasing Co-operative Group is comprised of government entities from throughout the region to provide cost savings and cost avoidances to member entities by utilizing the buying power of combined requirements for common basic items. Membership in the Co-op is open to governmental agencies in Miami-Dade, Broward and Palm Beach counties. If your entity is not currently a member, we invite you to join us. Contact us at coop@nigpsefl.org for more information. The Co-op meeting schedule is published in the Meetings area of the SEFL NIGP web site. Each participating governmental entity is responsible for utilizing the available contract(s), issuing their own purchase orders, and for order placement(s). Each participating entity will require separate billings, be responsible for payment to the contractor(s) and issue its own tax exemption certificates. The contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Co-operative Group are strictly prohibited from utilizing any contract or purchase order resulting from these awards. However, any new or active Southeast Florida Governmental Purchasing Co-operative Group member entity may participate in these contracts for new usage during the contract term( s) if approved by the lead agency. All questions concerning procurements should be addressed to the originating agency. 2012 Co-operative Group Officers: Chair /ve/sa Guzman City of North Lauderdale (954) 722-0900 iguzman@nlauderdale. org Vice-Chair David Santucci City of Deerfield Beach (954) 480-4380 dsantucci@deerfield-beach.com 402 Co-Secretary (Correspondence) lndra Sarju City of AVentura (305) 466-8925 sarjui@citvofaventura.com RESOLUTION TO BE SUBMITTED 403 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Requesting The Conveyance Of Lot D, Block 1, Plat Book 35, Page 46 Of The Re-Subdivision Of Lots 48, 49, 50, And 51 Of Lot 1 Nautilus Subdivision, A Certain Property Owned By The Florida Department Of Transportation (FOOT) To The City Of Miami Beach (The City). The City Shall Pay All Costs Associated With The Closing And Fdot Shall Prepare All Necessary Closing Documents Including Providing Legal Access For The Existing Driveway And Allowing The Existing City Owned Fence To Remain; Said Property Has A City Owned Water Pump Station Constructed In 1961 And Is Required For Public Purpose With No Consideration. Ke Intended Outcome Su orted: Obtain clear title for water booster pump station Item Summary/Recommendation: In the early 1960s the City of Miami Beach constructed a water booster station on a parcel located within a portion of Lot 0, Block 1, Plat Book 35, Page 46 of the Re-subdivision of Lots 48, 49, 50, and 51 of Lot 1 Nautilus Subdivision (Attachment A), which currently belongs to the Florida Department of Transportation (FOOT). The Public Works Engineering Division recently contacted FOOT requesting a compilation of records, including surveys, legal descriptions and deeds, indicating ownership of the parcel. According to FOOT's Right-of-Way (ROW) Map and preliminary research, the entire area belongs to FOOT. In order for the City to continue to maintain its facilities and utilities located in the property, which is adjacent to the limited access ROW of the FOOT State Road No. 112 (Julia Tuttle Causeway/Interstate 195), the City will need to request a conveyance or lease of the FOOT property. The City will need to request the FOOT accepts the location of the existing fence and driveway to remain in FOOT ROW by permit or by other legal document. The intent of this resolution is for FOOT and the City to transfer property from FOOT to the City and to provide a legal means of ingress. FOOT requires that a few guidelines be followed (Attachment B) by governmental agencies and municipalities requesting the lease or conveyance of its owned property: 1) A formal request; 2) An adopted resolution stating the public purpose need for no consideration; 3)Survey & appraisal; 4) Reimbursement of applicant costs; and 5) Documents used. The FOOT's processing time to evaluate the request varies, but on average, may take four to six months from when the request is first made. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 OBPI Financial Impact Summary: . . City Manager MT T\AGENDA\2013\ 16 Oct\Request to FOOT for unused land Summary. doc MIAMI BEACH 404 AGENDA ITEM (., 7$ DATE {(}-/6 -/ ;, lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REQU STING THE CONVEYANCE OF LOT D, BLOCK 1, PLAT BOOK 35, PAGE 46 OF THE RE·SUBDIVISION OF LOTS 48, 49, 50, AND 51 OF LOT 1 NAUTILUS SUBDIVISION, A CERTAIN PROPERTY OWNED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) TO THE CITY OF MIAMI BEACH (THE CITY). THE CITY SHALL PAY ALL COSTS ASSOCIATED WITH THE CLOSING AND FOOT SHALL PREPARE ALL NECESSARY CLOSING DOCUMENTS INCLUDING PROVIDING LEGAL ACCESS FOR THE EXISTING DRIVEWAY AND ALLOWING THE EXISTING CITY OWNED FENCE TO REMAIN; SAID PROPERTY HAS A CITY OWNED WATER PUMP STATION CONSTRUCTED IN 1961 AND IS REQUIRED FOR PUBLIC PURPOSE WITH NO CONSIDERATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND In the early 1960s the City of Miami Beach constructed a water booster station on a parcel located within a portion of Lot 0, Block 1, Plat Book 35, Page 46 of the Re-subdivision of Lots 48, 49, 50, and 51 of Lot 1 Nautilus Subdivision (Attachment A), which currently belongs to the Florida Department of Transportation (FOOT}. The Public Works Engineering Division recently contacted FOOT requesting a compilation of records, including surveys, legal descriptions and deeds, indicating ownership of the parcel. According to FOOT's Right-of-Way (ROW) Map and preliminary research, the entire area belongs to FOOT. In order for the City to continue to maintain its facilities and utilities located in the property, which is adjacent to the limited access ROW of the FOOT State Road No. 112 (Julia Tuttle Causeway/Interstate 195), the City will need to request a conveyance or lease of the FOOT property. The resolution is indented for the FOOT and the City to work to transfer FOOT unused property to the City and to provide legal access to the City's water booster pump station. FOOT requires that a few guidelines be followed (Attachment B) by governmental agencies and municipalities requesting the lease or conveyance of its owned property: 1) A formal request; 2) An adopted resolution stating the public purpose need for no consideration; 3)Survey & 405 City Commission Memorandum -Request to FDOT for unused land October 16, 2013 Page 2of2 appraisal; 4) Reimbursement of applicant costs; and 5) Documents used. The FOOT's processing time to evaluate the request varies, but on average, may take four to six months from when the request is first made. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the resolution. Attachment: A. Survey of Lot D, Block 1, Plat Book 35, Page 46 of the Re-subdivision of Lots 48, 49, 50, and 51 of Lot 1 Nautilus Subdivision B. FDOT guidelines for the conveyance or lease of FOOT-owned property by governmental agencies/municipalities MT/~fFRS T:\AGENDA\2013\0ct 16\Request to FOOT for unused land Memo.doc 406 ~ 0 ....... ,/ 0 0 SECTION 22, TOWNSHIP 53 S., RANGE 42 E. CITY NAUTILUS ! NAUTILUS NAUTILUS SUBDIVISION EXTENSION I EXTENS[ON ----SECON~ P.B. 8, PG. 95 P.B.34,PG.47 P.B.34,PG.BI OF MIAMI BEACH ruJi¥1!{.COO<$TMJCIIC* P.1.51 .... lUl·~ll.l4 .b. • ~"· "11' ~o· D•JO•oo·oo· r • 1<!11,'1~' L • Ul.'SI' A • ~ lVIII' ,., c, s ra.ziH . 2 ~. 24 P,J, ECIJAliON• :lii1A.2o:l·H.U811· '5U.2~·?~.t• .lH ~L.IIIlE 1 $UM"E1' s.~. IAI.IIItiiDAD! Poloi1A-IS?•S:;!',.ot • • ~· Dil' or-41ST STREET BUSINESS SUBDIVISION O • •• 2E-' ~s-' • na.u· •• U-i.li' ~ • ill.~~~-r:.su. 15S•'"·''l ~.T.5TA.I60•U.l1 \~ " ... -~ ,,~l.l!..'=.'-~H-•r•••-: 0 (INTERSTATE\ 195\) ·. ~ ... '\? li;OI41-..tTIOii £:ue:muw._. \ '•., JULIA TUTTLE -..,21 CAUSEWAY . "&r . ..,-.r~;-., SECTION 27, TOWNSHIP 53 RANGE 42 E. ....._ ......... -NAUTILUS SUBDIVISION I P~. =s. PG.-g5 AMENDED PLAT OF GARDEN SUBDIVISION ~~--L-~~--P.B. 31. PG. 9 !;.E. -1:011:., GO'oi·T. LOT 4, gc. U, T--5~·:5, R-4:1"-£ SEE SHEET ONE FOR LEGEND AND GENERAL NOTES CORRIDOR MAP FLORIDA DEPARTUENT OF" TRANSPOFHUION RJCHT OF *AY MAPPtNG --.-1 , __ (111(11;1(1 h.·-··~·ll•Oio FED, PIII:O.,i.IO. ""'• HI;TtOI!IlOI. $UTi IIIOoloD 1(1, Ill DETAIL "A" 111Qtro~t' THIS MAP IS NOT A SURVEY FIN, PROJ. 1(), 2!.07-tll l•tT l! or S > ::+ ~ l"l s ~ :I ..... > Attachment B FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) GUIDELINES FOR THE CONVEYANCE OR LEASE OF FOOT-OWNED PROPERTY BY GOVERNMENT AGENCIES I MUNICIPALITIES The following guidelines are for the use of government agencies and municipalities requesting the lease or conveyance of Florida Department of Transportation owned property. The department is required to comply with certain regulations and follow department procedures; these guidelines will assist the Department in meeting such requirements. The Department's processing time to evaluate the request varies, but on average may take four to six months from the date of receipt of the information requested in Step 1 below. Step 1. Formal Request. a. A formal written request from a Head of Department or director must be submitted to FOOT to commence the process. The request must include the following information: whether for lease or purchase; proposed use of the property; a rough sketch containing sufficient information to locate the property on the FOOT Right of Way maps (its location in relation to FOOT right-of-way lines; approximate size). Step 2. Agency Letter (required before any transfer or lease is executed by FDO D a. If the transfer or lease is for consideration (market value, subject to a FOOT accepted appraisal) a letter from a Head of Department or manager will suffice. b. If the government entity is a federal or State of Florida agency and the request is for public purpose use, for no consideration, a formal letter signed by the Agency Head must be submitted to FOOT stating the public purpose need for a conveyance or lease at no consideration; c. If the applicant is a municipality such as a county or city with a body of elected officials and a public purpose sale or lease for no consideration is requested, an adopted resolution is required stating the public purpose need for no consideration. Step 3. Survey & Appraisal a. Survey: Upon notification by FOOT, the applicant must prepare a legal description and sketch of legal description, in accordance with FOOT guidelines, at the applicant's expense. A draft must first be sent to FOOT for review and approval. b. Appraisal: If not for public purpose, upon written notification by FOOT, the requested property must be appraised at the applicant's expense. The appraisal must meet state standards and FOOT must review and accept the appraisal. FOOT reserves the right to reject the appraisal. FOOT may have its own appraisal prepared for the property. Page 1 of 2 PM/110 Guidelines for Govt. Agencies (Rev.Nov2011) 408 FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) GUIDELINES FOR THE CONVEYANCE OR LEASE OF FOOT-OWNED PROPERTY BY GOVERNMENT AGENCIES I MUNICIPALITIES Reimbursement of Applicant Costs: FOOT does not reimburse for the cost of the appraisal and/or the survey in the event the parties cannot reach an agreement. However, FOOT reserves the right not to sell or lease the property at any time during the surplus review process. In the event the applicant has incurred any costs for a survey and/or appraisal subsequent to written notification by FOOT, FOOT will reimburse the applicant for these reasonable costs. Documents Used: • For Sales: a Quitclaim Deed will be the document of conveyance. If the property is being conveyed for public purpose for no consideration a Reverter Clause will be included reversing title to FOOT if it is not used for the purpose it was conveyed. The buyer is to pay £ill closing costs, fees, documentary taxes and other related expenses, including appraisal, survey costs and opinion of title. • For Leases: the FOOT Standard Lease Agreement or Airspace Agreement (for property on federal-aid projects) with a five-year term will be is used. Longer term lease agreements will be considered in certain situations at the Department's discretion, when justified. Our lease agreements include a 30-day termination by either party at any time and may include a five-year renewal option by request with 120 days advance written notice. • If a public purpose lease involves a private commercial end-use it must be leased for not less than the property's current market value as determined by a qualified estimator. • If the public purpose government use is a business-like venture producing income and profit, the market rental requirements shall apply. • Please direct all inquiries to: W.E. Reuben, Right otWay Administrator, Property Management, Florida Department of Transportation, Right of Way Administration, Property Management, Room 61058, 1000 N.W. 111th Avenue, Miami, Florida 33172, Telephone: (305) 470-5236; Fax: (305) 499-2340; e-mail: vince.reuben@dot.state.fl.us. Page 2 of 2 PM/11 0 Guidelines for Govt. Agencies (Rev.Nov 2011) 409 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FORMALLY REQUESTING THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) CONVEY OWNERSHIP TO THE CITY OF CERTAIN PROPERTY OWNED BY THE FOOT, LOCATED AT 1050 41st STREET, AND LEGALLY DESCRIBED AS LOT D, BLOCK 1, PLAT BOOK 35, PAGE 46 OF THE RE-SUBDIVISION OF LOTS 48, 49, 50, AND 51 OF LOT 1 NAUTILUS SUBDIVISION; WHICH PROPERTY HAS BEEN THE SITE OF A CITY WATER PUMP STATION SINCE 1961. WHEREAS, since 1961, the City has had a City-owned water pump station at the property located at 1050 41 51 Street (the Property); and WHEREAS, according to the Florida Department of Transportation's (FOOT's) Right of Way Map; and other preliminary research, the Property is owned by FOOT; and WHEREAS, in order for the City to continue to maintain the pump station and other related improvements thereto including a driveway and a fence on the Property, FOOT has advised the City that it needs to formally request that FOOT convey ownership of the Property to the City; and WHEREAS, the City Administration hereby recommends that it is necessary for the health, safety, and welfare of the public for the City to be able to continue to maintain the existing water pump station (and related improvements) on the Property (where it has been situated since 1961 ). NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby request that the Florida Department of Transportation (FOOT} convey ownership to the City of that certain property owned by the FOOT, located at 1050 41st Street, and legally described as Lot D, Block 1, Plat Book 35, Page 46 of theRe-Subdivision of Lots 48, 49, 50, and 51 of Lot 1 Nautilus Subdivision; which property has been the site of a City water pump station since 1961. PASSED AND ADOPTED this 16th day of October, 2013. ATTEST: Matti Herrera Bower, Mayor Rafael Granado, City Clerk T:\AGENDA\2013\0ctober 16\Request to FDOT for unused land Reso.docx 410 APPROVED AS TO FORM & LANGUAGE &FO CUTION THIS PAGE INTENTIONALLY LEFT BLANK 411 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving An Amendment To The Flamingo Neighborhood Basis Of Design Report For 10-Foot Travel Lanes On Local Avenues And Streets As Well As; Four {4) Feet Of Green Space And A 10-Foot Wide Path/Cycle Track Sidewalk Shared On Each Side In Lieu Of Bike Lane For 16th Street. Key Intended Outcome Supported: Enhance mobility throughout the city. Supporting Data (Surveys, Environmental Scan, etc.): On a recent survey, 31% of the residents and 43% of businesses rated the traffic flow as excellent or good. Item Summary/Recommendation: Since the development of the Flamingo Basis of Design Review and the Atlantic Greenway Network the Flamingo neighborhood has evolved. At the February 19, 2013 Neighborhood/Community Affairs Committee (NCAC) meeting, 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. Public Works staff has evaluated the cycle track cross-section for 16th Street and believe it could be a potential alternative to the bicycle lanes in this instance. There are still some outstanding concerns regarding the mingling of pedestrian and bicycle traffic at intersections. As a result, if we are unable to resolve these concerns, Public Works recommends defaulting back to the configuration that includes on-street bike lines. At the June 5, 2013 meeting, the City Commission referred this item to the Transportation and Parking (TPC) Committee, NCAC, and the Bicycle-Pedestrian Facilities Advisory Committee, which has yet to be established. At the July 1, 2013 TPC meeting, six (6) committee members present at the meeting, liked the cycle track plan: 4-foot of green area; 10-foot wide path/cycle track sidewalk shared on each side in lieu of a bike lane. In addition, they supported the conversion to 10-foot lanes on local avenues and streets. At the July 10, 2013 Finance and City Wide Projects Committee meeting, the Committee recommended that staff conduct a walkthrough to review encroachments and bring the item back to the City Commission meeting be held in October. On September 20, 2013, staff members from Engineering, Transportation, Parks and Green Space Management, and the Public Works Director walked the site in order to further evaluate the available right-of-way. It was as a result of this walkthrough that we are requesting the ability to revert back to on-street bicycle lanes, for some or all of the blocks if necessary. At the July 19, 2013 NCAC meeting, a motion was made by Commissioner Tobin, directing Public Works to move the item to Commission in October, with a plan of action and objective. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION Advisory Board Recommendation: At the July 10, 2013 Finance and City Wide Projects Committee meeting, the Committee recommended that staff conduct a walkthrough to review encroachments and bring the item back to the City Commission meeting be held in October. On September 20, 2013, staff members from Engineering, Transportation, Parks and Green Space Management, and the Public Works Director walked the site in order to further evaluate the available right-of-way. It was as a result of this walkthrough that we are requesting the ability to revert back to on-street bicycle lanes, for some or all of the blocks if necessary. At the July 19, 2013 NCAC meeting, a motion was made by Commissioner Tobin, directing Public Works to move the item to Commission in October, with a plan of action and objective. Fmanc1allnformat1on· Source of Amount Account Approved Funds: 1 OBPI Total City Clerk's Office Legislative Tracking: r ETC T IAGENDA\2013\0clober 16\FiamirlgD Nerghborhood BOOR Amendment- MIAMI BEACH AGENDA ITEM _c-7-:--_;_7r.T,....-,.....,.. DATE IO-fb-/J 412 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wv.w.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Me Jimmy L. Morales, City Manager October 16, 2013 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPRO lNG AN AMENDMENT TO THE FLAMINGO NEIGHBORHOOD BASIS OF DESIGN REPORT FOR 10-FOOT TRAVEL LANES ON LOCAL AVENUES AND STREETS AS WELL AS; FOUR (4) FEET OF GREEN SPACE AND A 10-FOOT WIDE PATH/CYCLE TRACK SIDEWALK SHARED ON EACH SIDE IN LIEU OF BIKE LANE FOR 16TH STREET. ADMINISTRATION RECOMMENDATION The Administration recommends approving the Resolution. BACKGROUND At its October 17, 2007 meeting, the City Commission adopted the Atlantic Greenway Network (AGN), which included bicycle lanes on Euclid Avenue and 161h Street. The Flamingo Basis of Design Review (BOOR) and the AGN conflicted on Euclid Avenue. When the City moved forward with the Flamingo 10F Project (bound by 7'h Street, Washington Avenue, 10 1h Street, 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, during a Historic Preservation Board meeting on August 10, 2010, the FPNA requested that all avenues designated as local have 1 0-foot travel lanes and that all sidewalks be a minimum of 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, during its August 10, 2010 and April 12, 2011 meetings, respectively. The Flamingo 1 OF project was then constructed per these criteria. 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) meeting, the committee endorsed the reduction in travel lane width and increase in minimum sidewalk width in order to achieve the goal. 413 Flamingo Neighborhood-Amendment to the BOOR October 16, 2013 Page 2 of2 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. Public Works staff has evaluated the cycle track cross- section for 161h Street and believe it could be a potential alternative to the bicycle lanes in this instance. There are still some outstanding concerns regarding the mingling of pedestrian and bicycle traffic at intersections. As a result, if we are unable to resolve these concerns, Public Works recommends defaulting back to the configuration that includes on-street bike lines. At the June 5, 2013 meeting, the City Commission referred this item to the Transportation and Parking (TPC) Committee, NCAC, and the Bicycle-Pedestrian Facilities Advisory Committee, which has yet to be established. At the July 1, 2013 TPC meeting, six (6) committee members present at the meeting, liked the cycle track plan: 4-foot of green area; 1 0-foot wide path/cycle track sidewalk shared on each side in lieu of a bike lane. In addition, they supported the conversion to 1 0-foot lanes on local avenues and streets. At the July 10, 2013 Finance and City Wide Projects Committee meeting, the Committee recommended that staff conduct a walkthrough to review encroachments and bring the item back to the City Commission meeting be held in October. On September 20, 2013, staff members from Engineering, Transportation, Parks and Green Space Management, and the Public Works Director walked the site in order to further evaluate the available right-of-way. It was as a result of this walkthrough that we are requesting the ability to revert back to on-street bicycle lanes, for some or all of the blocks if necessary. At the July 19, 2013 NCAC meeting, a motion was made by Commissioner Tobin, directing Public Works to move the item to Commission in October, with a plan of action and objective. PLAN OF ACTION AND OBJECTIVE Public Works will revise the BOOR based on this resolution and will proceed with the construction per the FY 2016/17 Capital Budget. However, given the characteristics and standards for off-road bicycle facilities and the FPNA's desire to accommodate landscaping, further right-of-way constraints may be found during the design process. If right-of-way constraints are identified during design, Administration will discuss the possible alternatives with the FPNA and continue in the design process. Such meetings with the neighborhood will be documented and a record of decision will be part of the project file. The neighborhood record of decision will be shared with City Commission via a Letter to Commission. CONCLUSION The Administration recommends that if additional design changes were necessary and identified during the design process, the BOOR amendment process be circumvented to avoid delays in the construction. Construction is scheduled to start in 2017-19. MT/ETC/JJF/DS T\AGENDA\2013\0ctober 16\FiamirJgo Neighborhood BODRAmendment-memo.docx 414 RESOLUTION NO. 2013-__ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE FLAMINGO NEIGHBORHOOD BASIS OF DESIGN REPORT FOR 10-FOOT TRAVEL LANES ON LOCAL AVENUES AND STREETS AS WELL AS FOUR (4} FEET OF GREEN SPACE AND A 10-FOOT WIDE PATH/CYCLE TRACK SIDEWALK SHARED ON EACH SIDE IN LIEU OF BIKE LANE FOR 16TH STREET. WHEREAS, the Historic Preservation Board, in File No. 7192 and File No. 7232, approved the Flamingo 1 OF Project located between th Street, Washington Avenue, 1oth Street, and Meridian Avenue, 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 April 12, 2011 meetings, respectively; and WHEREAS, since the development of the Flamingo Basis of Design Report (BOOR) and the Atlantic Greenway Network (AGN) Master Plan, the Flamingo neighborhood has evolved; and WHEREAS, at the February 19, 2013 Neighborhood/Community Affairs Committee (NCAC) meeting, the Committee endorsed the reduction in travel lane width and increase in minimum sidewalk width in order to achieve the goal; and WHEREAS, at the June 5, 2013 meeting, the City Commission referred this item to the Transportation and Parking Committee (TPC), NCAC, and the Bicycle-Pedestrian Facilities Advisory Committee, which has yet to be established, for direction and further discussion; and WHEREAS, at the July 1, 2013 TPC meeting, six (6} committee members present at the meeting, liked the cycle track plan: 4-foot of green area; 10-foot wide path/cycle track sidewalk shared on each side in lieu of a bike lane. In addition, they supported the conversion to 1 0-foot lanes on local avenues and streets; and WHEREAS, if during the design phase, significant issues are encountered with the cycle track concept, the design will revert back to on street bike lanes for some or all of the blocks as necessary; and WHEREAS, at the July 19, 2013 NCAC meeting, a motion was made by Commissioner Tobin, and approved by the Committee, directing Public Works to move the item to Commission in October, with a plan of action and objective. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby adopt an amendment to the Flamingo Neighborhood Basis of Design Report for 1 0-foot travel lanes on local avenues and streets as well as four (4) feet of green space and a 1 0-foot wide path/cycle track sidewalk shared on each side in lieu of bike lane for 161h street. PASSED AND ADOPTED this 16th day of October, 2013. ATTEST: Rafael Granado, City Clerk 415 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Waiving, By 5/7th Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The City's Best Interest, And Authorizing The Purchase Of Fuel Management System Parts And Services From AHA Electronics And Fuel Systems, Inc., The Sole Representative For The City's RNI/FueiOmat System, By The City's Fleet Management Division, For The Fueling Of City Vehicles. Key Intended Outcome Supported: Maintain City's infrastructure; Increase satisfaction with family recreational activities; Ensure well-maintained facilities; Improve Cleanliness of Miami Beach rights of way; Maintain Miami Beach public areas & rights of way citywide; Maximize efficient delivery of services, and Increase community satisfaction with City qovernment. Supporting Data (Surveys, Environmental Scan, etc.): The proprietary RNIIFueiOmat fuel management system interfaces with approximately 1,000 City vehicles, and is used to track all City fueling transactions, representing approximately 900,000 gallons/year. Item Summary/Recommendation: Fuel for City vehicles and equipment is dispensed at the Fleet Management Division (Fleet) fueling facility located at Terminal Island. A fuel management system (RNI/FueiOmat), manufactured by ORPAK USA (ORPAK) and procured via competitive process, provides security and transaction accounting features and consists of a pedestal-mounted controller and dispenser hose nozzle readers located at the fueling island. During fueling transactions, the system interfaces with vehicle identification units (VI Us), installed in approximately 1,000 City vehicles by Fleet mechanics, to capture the vehicle 10, fuel dispensed and odometer reading. The controller electronically locks all dispensers, ensuring that only appropriately authorized vehicles can refuel. The fueling data is downloaded, via proprietary software, by a dedicated computer in the Fleet office. The below identified funding will cover the RNI/FueiOmat equipment cost for nearly two-hundred (200) new replacement vehicles ($94,080) being procured during FY 2013/14; spare units for the warehouse ($10,080); and miscellaneous repairs and maintenance of RNI and dispensing equipment at the Terminal Island fueling facility ($20,000). The continued use of the ORPAK products and support services from AHA Electronics & Fuel Systems, Inc. (AHA) is critical to the operation of the City's fuel management and dispensing systems; the on-going installation of VI Us in new vehicles; and the preparation of fuel accounting chargebacks, by Fleet, to client departments. AHA has been the sole representative for ORPAK's RNI/FueiOmat system in South Florida since 2006 (Please see Attachment 1 ). In this capacity, AHA has provided VI Us and other fuel management system replacement parts, as well as support and maintenance service on the proprietary system and dispensing equipment. THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND THE CITY COMMISSION APPROVE THE RESOLUTION. Fmanc•allnformat•on· Source of Amount Funds: 1 $65,760 2 $5,760 3 $1,920 ft 4 $5,760 5 $480 € 6 $4,800 7 $4,800 8 $4,320 9 $480 10 $30,080 OBPI Total $124,160 City Clerk's Office Legislative Tracking: JCC Public Works, Ext. 3601 MIAMI BEACH Account Fleet Management FY 2013/14 Vehicle/Equip. Replacement Capital Account Parking Oper. On-Street FY 2013/14 Veh.IEquip. Replacement-480-0462-000673 Parking Oper. Off-Street FY 2013/14 Veh.IEquip. Replacement-480-0463-000673 Sanitation Enterprise FY 2013/14 Veh.IEquip. Replacement-435-9962-000673 Sanitation Enterprise FY 2013/14 Veh./Equip. Replace. So. Bch.-435-9968-000673 Water & Sewer Ent.-Water FY 2013/14 Veh.IEquip. Replace.-425-0410-000673 Water & Sewer Ent.-Sewer FY 2013/14 Veh.IEquip. Replace.-425-0420-000673 Stormwater Enterprise FY 2013/14 Veh.IEquip. Replacement-427-0427-000673 Information Technology FY 2013/14 Veh.IEquip. Replacement-550-1750-000673 Fleet Management Repairs/Maintenance Supply FY 2013/14-510-1780-000342 416 AGENDA ITEM _c~7_"'f __ DATE /()-/~-/3 I MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach. Florida 33139, 'NV'vW.miamibeachll.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE ANNUAL PURCHASE OF FUEL MANAGEMENT SYSTEM PARTS AND SERVICES FROM AHA ELECTRONICS AND FUEL SYSTEMS, INC., THE SOLE REPRESENTATIVE FOR THE CITY'S RNI/FUELOMAT SYSTEM, BY THE CITY'S FLEET MANAGEMENT DIVISION, FOR THE FUELING OF CITY VEHICLES, IN AN AMOUNT ESTIMATED AT $124,160. ADMINISTRATION RECOMMENDATION Approve the Resolution FUNDING Funding previously approved by the budget process. Fleet Management FY 2013/14 Vehicle/Equip. Replacement Capital Account: $ 65,760 Parking Oper. On-Street FY 2013/14 Veh./Equip. Repl. Acct.-480-0462-000673: $ 5,760 Parking Oper. Off-Street FY 2013/14 Veh./Equip. Repl. Acct.-480-0463-000673: $ 1,920 Sanitation Enterprise FY 2013/14 Veh./Equip. Repl. Acct.-435-9962-000673: $ 5,760 Sanitation Enterprise FY 2013/14 Veh./Equip. Repl. Acct.-435-9968-000673: $ 480 Water & Sewer Ent.-Water FY 2013/14 Veh./Equip.Replace.-425-0410-000673: $ 4,800 Water& Sewer Ent.-Sewer FY 2013/14 Veh./Equip. Replace.-425-0420-000673: $ 4,800 Stormwater Enterprise FY 2013/14 Veh./Equip. Replacement-427-0427-000673: $ 4,320 Information Technology FY 2013/14 Veh./Equip. Replacement-550-1750-000673:$ 480 Fleet Management Repairs/Maintenance Supply FY 2013/14-510-1780-000342: $30,080 BACKGROUND AND ANALYSIS Fuel for City vehicles and equipment is dispensed at the Fleet Management Division {Fleet) fueling facility located at Terminal Island. A fuel management system (RNI/FueiOmat), manufactured by ORPAK USA (ORPAK) and procured via competitive process, provides security and transaction accounting features and consists of a pedestal-mounted controller and dispenser hose nozzle readers located at the fueling island. During fueling transactions, the system interfaces with vehicle identification units (VIUs), installed in approximately 1,000 City vehicles by Fleet mechanics, to capture the vehicle ID, fuel dispensed and odometer reading. The controller electronically locks all dispensers, ensuring 417 Commission Memorandum-Oct. 16, 2013 AHA Electronics and Fuel Systems Page 2of2 that only appropriately authorized vehicles can refuel. The fueling data is downloaded, via proprietary software, by a dedicated computer in the Fleet office. The above identified funding for the annual purchase of fuel management system parts and services, estimated at $124,160, with further amounts as required, through approved budgeted funds, will cover the RNI/FueiOmat equipment cost for nearly two-hundred (200) new replacement vehicles ($94,080) being procured during FY 2013/14; spare units for the warehouse ($1 0,080); and miscellaneous repairs and maintenance of RNI and dispensing equipment at the Terminal Island fueling facility ($20,000). The continued use of the ORPAK products and support services from AHA Electronics & Fuel Systems, Inc. (AHA) is critical to the operation of the City's fuel management and dispensing systems; the on-going installation of VI Us in new vehicles; and the preparation of fuel accounting chargebacks, by Fleet, to client departments. AHA has been the sole representative for ORPAK's RNI/FueiOmat system in South Florida since 2006 (Please see Attachment 1). In this capacity, AHA has provided VIUs and other fuel management system replacement parts, as well as support and maintenance service on the proprietary system and dispensing equipment. CONCLUSION The Administration recommends that the Mayor and City Commission adopt this Resolution, waiving by 5/7 1h vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, and authorizing the annual purchase of fuel management system parts and services from AHA Electronics and Fuel Systems, Inc., the sole representative for the City's RNI/FueiOmat system, by the City's Fleet Management Division, for the fueling of City vehicles, in an amount estimated at $124,160. Attachment -ORPAK USA Letter dated Feb. 13, 2013 JLM/MT/&b/JC T:IAGENDA\2013\0ctober 16\Fieet-AHA Fuel System Svcs. 2013-10-16 MEMO.docx We are committed to providing excellent public service and saFety to all who live, war~. and play in our vibrant. lropiCa( h1storir:: community. 418 ORPMUS/\ February 13, 2013 Orpak USA, Inc. 100 First St. Suite 200, Hackensack, NJ 07601 Phone: (201} 441-9820, Fax: (201) 441-9830 • www.orpakusa.com To the City of Miami Beach, FL To whom It may concern. Please be informed that Orpak Is the manufacturer of the RNI/Fuelomat fuel management system. AHA Electronics & Fuels Systems, Inc. Is currently our sole representative for the RNI/Fue!Omat system for South Florida, and therefore the City of Miami Beach, and has been so since April 24, 2006. Alex Henrlquezr the President of AHA Electronics & Fuel Systems has many years of experience with the RNI/FueiOmat system. I am confident that Alex will continue to provide you with exceptional support that he has given you all this time. Should you require any components or need to service your RNI/FueiOmat System, please do not hesJtate to contact Alex Henriquez at 516-267-7392. Attachment 1 419 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE ANNUAL PURCHASE OF FUEL MANAGEMENT SYSTEM PARTS AND SERVICES FROM AHA ELECTRONICS AND FUEL SYSTEMS, INC., THE SOLE REPRESENTATIVE FOR THE CITY'S RNI/FUELOMAT SYSTEM, BY THE CITY'S FLEET MANAGEMENT DIVISION, FOR THE FUELING OF CITY VEHICLES, IN AN AMOUNT ESTIMATED AT $124,160. WHEREAS, the RNI/FueiOmat fuel management system located at the Fleet Management Division (Fleet} facility in Terminal Island provides security and transaction accounting features; and WHEREAS, during fueling transactions, the system interfaces with vehicle identification units (VI Us), installed in approximately 1,000 City vehicles, to capture vehicle ID, fuel dispensed and odometer reading; and WHEREAS, the system was procured via competitive process from ORPAK USA; and WHEREAS, AHA Electronics & Fuel Systems, Inc. (AHA) has been the sole representative for ORPAK's RNI/FueiOmat system in South Florida since 2006; and WHEREAS, in this capacity, AHA has provided VI Us and other fuel management system replacement parts, as well as support and maintenance service on the proprietary system and dispensing equipment; and WHEREAS, the continued use of these products and support services is critical to the operation of the fuel management and dispensing systems, the installation of VIUs in new vehicles, and fuel accounting chargebacks to departments performed by the Fleet Management Division. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby waive, by a 5/7th vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, and authorize the annual purchase of fuel management system parts and services from AHA Electronics and Fuel Systems, Inc., the sole representative for the City's RNI/FueiOmat system, by the City's Fleet Management Division, for the fueling of City vehicles, in an amount estimated at $124,160. PASSED AND ADOPTED THIS ___ DAY OF ____ 2013. ATIEST: Rafael Granado City Clerk Matti Herrera Bower Mayor T:\AGENDA\2013\0ctober 16\Fieet • AHA Fuel System Svcs. 2013-10-16 RESO.doc> 420 APPROVED AS TO FORM & LANGUAGE &FO ECUTION THIS PAGE INTENTIONALLY LEFT BLANK 421 COMMISSION ITEM SUMMARY Condensed Title· A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Waiving By 5/7th Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The Best Interest Of The City, And Authorizing The Purchase Of Fuel From The Miami Beach Marina For Refueling Of Marine Patrol And Ocean Rescue Vessels. Key Intended Outcome Supported: Increase visibility of police, maintain crime rates at or below national trends, Maximize efficient delivery of services, and Increase community satisfaction with City government. Supporting Data (Surveys, Environmental Scan, etc.): Of the various marinas with fueling services in the general area, including those in Key Biscayne, the City of Miami, and North Bay Village, the Miami Beach Marina is conveniently located within City of Miami Beach boundaries and offers the shortest fueling commute from where City vessels are based. Item Summary/Recommendation: The City has a total of four marine vessels in active service: one in the Ocean Rescue Division and three in the Marine Patrol Division. The Ocean Rescue vessel is based at the Miami Beach Marina, and the Marine Patrol vessels are based at the Sunset Harbour Marina. The Ocean Rescue vessel has historically been fueled at the Miami Beach Marina, which offers fueling services at its site. In recent years, Marine Patrol vessels have been fueled by the Fleet Management Division (Fleet), primarily by mechanics driving the City's fuel tanker truck to the Sunset Harbor Marina. On occasion, Marine Patrol officers would trailer the boats for fueling at the Fleet facility at Terminal Island. Both of these options negatively impact staff productivity as they require pulling personnel from their respective vehicle maintenance/repair and patrol core duties in order to perform fueling operations. In 2013, two of the outdated Marine Patrol vessels were replaced by 32-foot Contenders with Yamaha engines, utilizing a competitively procured contract. The replacement vessels' engines require mid-grade fuel {89 octane) not available at the Fleet facility, where regular unleaded (87 octane) gasoline and diesel fuel are dispensed for use by the City's vehicles and equipment. As part of an engine standardization plan that would allow for the exchangeability of engines among the three Marine Patrol vessels, the upcoming replacement of the third Marine Patrol vessel will include specifications for a comparable engine utilizing mid-grade fuel. As a result, it is necessary to secure an alternate fueling source for the Marine Patrol vessels. Of the various public marinas with fueling services in the general area, including those in Key Biscayne, the City of Miami, and adjacent municipalities, the Miami Beach Marina is the only one located within City of Miami Beach boundaries and offers the shortest fueling commute from where the vessels are based. The transition to marine engines using mid-grade gasoline offers the benefits of equipment standardization and will require the fueling of all marine patrol boats at a marina facility. The latter will result in productivity improvements for personnel, and less fuel consumption from fueling runs. THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND THE CITY COMMISSION APPROVE THE RESOLUTION. Fmanc1al Information· Amount Account Source of /1 Funds: £\// 1 $100,000 Fleet Management-Engine Fuel & Lubricants FY 2013/14 510-1780-000351 ~OB~)C\~T-o-!-I~---$-1-0-0,-0-00--r-~----------------------------------------~ City Clerk's Office Legislative Tracking: JCC Public Works, Ext. 3601 Sign-Offs: DE>I!Iartb:nent Director I ~stant City Manager I MT 4\K) T:IAGENDA\2013\0ctober 16\Fieet-Miami Beach Marina Fueling 2013-10-16 SUMM.docx MIAMI BEACH 422 1\ I l \ City Manager I JLM~ 'If I \) AGENDA ITEM L 7 V DATE /(}-f{:rl J MIAMI BEACH CHy of Miami Beach. 1700 Convention Center Drive, Miami Beach, Florida 33139, v.rww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF !VIIAMI BEACH, FLORIDA, WAIVING BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE PURCHASE OF FUEL FROM THE MIAMI BEACH MARINA FOR REFUELING OF MARINE PATROL AND OCEAN RESCUE VESSELS, IN AN AMOUNT ESTIMATED AT $100,000 ANNUALLY. ADMINISTRATION RECOMMENDATION Approve the Resolution FUNDING $100,000-Engine Fuel & Lubricants FY 2013/14, Account No. 510-1780-000351 BACKGROUND AND ANALYSIS The City has a total of four (4) marine vessels in active service: one in the Ocean Rescue Division and three in the Marine Patrol Division. The Ocean Rescue vessel is based at the Miami Beach Marina, and the Marine Patrol vessels are based at the Sunset Harbour Marina. The Ocean Rescue vessel has historically been fueled at the Miami Beach Marina, which offers fueling services at its site. In recent years, Marine Patrol vessels have been fueled by the Fleet Management Division (Fleet), primarily by mechanics driving the City's fuel tanker truck to the Sunset Harbor Marina. On occasion, Marine Patrol officers would trailer the boats for fueling at the Fleet facility at Terminal Island. Both of these options negatively impact staff productivity as they require pulling personnel from their respective vehicle maintenance/repair and patrol core duties in order to perform fueling operations. In 2013, two of the outdated Marine Patrol vessels were replaced by 32-foot Contenders with Yamaha engines, utilizing a competitively procured contract. The replacement vessels' engines require a mid-grade fuel (89 octane) not available at the Fleet facility, where regular unleaded (87 octane) gasoline and diesel fuel are dispensed for use by the City's vehicles and equipment. As part of an engine standardization plan that would allow for the exchangeability of engines among the three Marine Patrol vessels, the upcoming replacement of the third Marine Patrol vessel will include specifications for a comparable 423 Commission Memorandum-Oct. 16, 2013 Miami Beach Marina Fueling of Marine Vessels Page 2of2 engine utilizing mid-grade fuel. As a result, it is necessary to secure an alternate fueling source for the Marine Patrol vessels. The funding requirement is estimated at $100,000 annually, with further amounts, as required, through approved budgeted funds. Of the various marinas with fueling services in the general area, including those in Key Biscayne, the City of Miami, and adjacent municipalities, the Miami Beach Marina is the only one within City of Miami Beach boundaries and offers the shortest fueling commute from where the vessels are based. The transition to marine engines using mid-grade gasoline offers the benefits of equipment standardization and will require the fueling of all marine patrol boats at a marina facility. The latter will result in productivity improvements for personnel, and less fuel consumption from fueling runs. CONCLUSION The Administration recommends that the Mayor and City Commission adopt this Resolution, waiving by 5171h vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, and authorizing the purchase of fuel from the Miami Beach Marina, by the City's Fleet Management Division, for the refueling of the City's marine vessels, in an amount estimated at $100,000 annually. JLM/MT/~0/JC T:'AGENDA\2013\0ctober 16\Fieet-Miami Beach Marina Fueling 2013-10-16 MEMO,docx We are commitred to providing excellent public service and safety to oil who live, work, and play 111 our vibrant, tropical, historic community 424 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE PURCHASE OF FUEL FROM THE MIAMI BEACH MARINA FOR REFUELING OF MARINE PATROL AND OCEAN RESCUE VESSELS, IN AN AMOUNT ESTIMATED AT $100,000 ANNUALLY. WHEREAS, the City has a total of four marine vessels in active service; and WHEREAS, the Ocean Rescue vessel has historically been fueled at the Miami Beach Marina, which offers fueling services at its site; and WHEREAS, in recent years, Marine Patrol vessels have been fueled by the Fleet Management Division and, occasionally, by officers trailering the boats for fueling at the Fleet facility at Terminal Island; and WHEREAS, these options negatively impact staff productivity as they require pulling personnel from their respective core duties in order to perform fueling operations; and WHEREAS, the transition to marine engines using mid-grade gasoline offers the benefits of equipment standardization and will require the fueling of all Marine Patrol boats at a marina facility; and WHEREAS, of the various public marinas with fueling services in the general area, the Miami Beach Marina is the only one located within City of Miami Beach boundaries and offers the shortest fueling commute from where the vessels are based. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby waive, by a snth vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, and authorize the purchase of fuel from the Miami Beach Marina for refueling of Marine Patrol and Ocean Rescue vessels, in an amount estimated at $100,000 annually. PASSED AND ADOPTED THIS ___ DAY OF ____ 2013. ATTEST: Rafael Granado City Clerk Matti Herrera Bower Mayor T:IAGENDA\2013\0ctober 16\Fieet ·Miami Beach Marina Fueling 2013·10·16 RESO docx 425 COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of Miami Beach, Florida, approving the execution of professional service agreements with Arts for Learning/Miami, Inc. for arts education programs at various City preschools, public schools, parks and youth centers. Key Intended Outcome Supported: Enhance learning opportunities for youth Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Survey, on average, residents attended cultural activities 1 0.61 times per month and family friendly activities 7.19 times per month. Additionally, 24.2 % of residents said the City should strive not to reduce arts and culture. Shall the City enter into professional service agreements with Arts for Learning/Miami, Inc. to provide arts education ro rams for Miami Beach outh? Item Summary/Recommendation: Since FY 2005/06 the City has contracted with Arts for Learning/Miami, lnc.,for in-school curriculum-based arts education programs and after-school arts classes in Miami Beach schools and parks, allowing thousands of children and youth to benefit from the proven advantages arts education provides: higher grade point averages, higher test scores, greater participation and community involvement, and lower drop-out rates. The Administration is recommending entering into a professional services agreement with Arts for Learning/Miami, Inc. to provide 28 16-week-long after-school arts classes at Miami Beach schools and parks, 10 extended classroom residencies at Fienberg-Fisher and Nautilus, and 10 16-session residencies at Miami Beach preschools, at a cost not to exceed $105,000. These programs will reach reach 1 ,4 70 children and youth. It is recommended that the Mayor and City Commission approve the resolution. Board Recommendation: Financial Information· Source of Amount Funds: 1 $75,000 ~ 2 $30,000 3 OBPI Total $105,000 Financial Impact Summary: N/A Ci Clerk's Office Le islative Trackin Max Sklar, Ext 6116 MIAMI BEACH Account 140.6080 Cultural Arts Council Fund 011.0380-Tourism and Cultural Development Dept. 426 AGENDA ITEM C7W DATE {(r/b -/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Bower and Members o the City Co FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYOR A D THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APP OVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A NEW PROFESSIONAL SERVICES AGREEMENT WITH ARTS FOR LEARNING/MIAMI, A NOT-FOR-PROFIT CORPORATION, FOR IN-SCHOOL AND AFTER-SCHOOL ARTS EDUCATION PROGRAMS AT VARIOUS CITY PRESCHOOLS, PUBLIC SCHOOLS AND PARKS AND YOUTH CENTERS, IN AN AMOUNT NOT TO EXCEED $105,000, SAID AGREEMENT HAVING AN INITIAL TERM OF ONE (1) YEAR, COMMENCING ON OCTOBER 1, 2013, AND ENDING ON SEPTEMBER 30, 2014, WITH THE OPTION, AT THE CITY'S SOLE DISCRETION, TO EXTEND FOR AN ADDITIONAL TWO (2) YEARS CONTINGENT UPON FUNDS APPROPRIATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding is available within the Tourism and Cultural Development and Cultural Arts Council's (CAC) budgets for Fiscal Year 2013/2014. ANALYSIS On September27, 2010, via Resolution No. 2010-27503, and pursuant to Section 2-312 of the City Code which exempts these services from competitive bidding requirements, the City Commission authorized the execution of an agreement with Arts For Learning/Miami ("A4L"), a not-for-profit corporation, to provide after-school and summer camp arts education programs in the public schools and parks (as approved by the city administration). Said agreement was extended for an additional two years, per the resolution, due to the overwhelmingly positive response from teachers, students, parents and parks staff. As such, funding was included and approved in the FY 2011112 and 2012/13 budgets to continue the program for an additional two years to offer Miami Beach students the opportunity to benefit from the proven advantages arts education provides: higher grade point averages, higher test scores, greater participation and community involvement, and lower drop-out rates. 427 Arts Education Funding FY 13/14 City Commission Meeting September 30, 2013 Page 2 of 4 The City's FY 2010/11 adopted budget included up to $105,000 in funding in the Tourism and Cultural Development Department budget to continue the Arts Education Program. Furthermore, Tourism and Cultural Development has established Department Performance Indicators tied to this program in the department's Performance Plan based on the fact that this program was included in the adopted budget. On September 27, 2010 the City Commission approved Resolution No. 2010-27503, which authorized the execution of a new professional services agreement with A4L which ultimately allowed them to provide arts education services through September 30, 2013. In FY 2005/06, the first year of the contracted programs, the City was able to offer arts programming at Flamingo Park summer camp and at two early childhood centers (RAIN and Happy Kids/Jefferson,} reaching a total of 465 children. In FY 2006/07, programming expanded to include eight early childhood centers (Children Around the World, Happy Kids/Byron, King's Kids Palace, Rainbow Miami Beach, Stars Learning Center, Montessori School Temple Beth Shmuel, Montessori Academy of St. John, and Abbott School; Fienberg-Fisher, Treasure Island and North Beach Elementary Schools; teacher training at Nautilus Middle School; and after-school programs at Biscayne Elementary, Treasure Island Elementary, Flamingo Park, North Shore Park and Youth Center, and Scott Rakow Youth Center, benefiting a total of 4,760 children. In FY 2007/08 programming childhood programs at Raindrops, St. Patrick Pre-school and Temple Menorah Early Childhood Program; teacher training at Fienberg-Fisher Elementary and Nautilus Middle School; after-school classes at Biscayne Elementary, Flamingo Park and Scott Rakow Youth Center; and summer camp programs at Flamingo Park. A total of 1,441 children were served. Early childhood programs in FY 2008/09 were offered at St. Patrick Pre-school, Temple Menorah Early Childhood Program, Mt. Sinai Young Presidents Club Child Care Center, and Children Around the World; teacher training continued at Fienberg-Fisher Elementary; and after-school classes were conducted at Flamingo Park, Scott Rakow Youth Center, and Biscayne Elementary School. Live performances were presented to children at Biscayne Elementary, Flamingo Park, St. Patricks Pre-school and Miami Beach Senior High. Total number of participants was 2,949. In FY 2009/10 programming included early childhood classrooms at Mt. Sinai Young Presidents Club Child Care Center, St. Patrick Pre-school, Temple Menorah Early Childhood Program, and Happy Kids; teacher training at Fienberg Fisher; and after-school classes at Scott Rakow Youth Center, Biscayne Elementary School and Flamingo Park, serving a total of 2,178 children. From 2010 through 2013 A4L offered after-school programs at Fienberg-Fisher, Biscayne Elementary, South Pointe Elementary, Flamingo Park, and Scott Rakow Youth Center with Bass Museum of Art, serving a total of 2,340 children and youth. Based on the positive experience and results accomplished through its arts education initiative, the Administration believes it is in the City's best interest to continue these programs, and proposes to contract with A4L to continue to offer after-school arts classes at Miami Beach preschools, public schools, parks and youth centers. Arts For Learning/Miami Arts for Learning/Miami ("A4L") is a community-based non-profit organization dedicated to advancing teaching and learning through the arts and community cultural resources. It was established by a group of business and community leaders in 2000 as a partnership between the Miami-Dade Cultural Affairs Council, Miami-Dade County Public Schools, and Young Audiences, the nation's leading supplier of arts-in-education services. Through hands-on professional development for teachers and teaching artists, creation and 428 Arts Education Funding FY 13/14 City Commission Meeting September 30, 2013 Page 3 of 4 dissemination of multi-media teaching resources, community arts programming and parent outreach, A4L is creating a comprehensive system for infusing cultural arts into early learning, K-12 education, and after-school and summer programs. A4L has offered its programs in Miami Beach since its first CAC grant in 2002. SCOPE OF SERVICES After-School Programming Arts for Learning will provide 28 after-school courses across five Miami Beach locations including Biscayne Elementary School, Flamingo Park, North Beach Elementary, Scott Rakow Youth Center and South Pointe Elementary School. Throughout the school year at each after-school location, professional teaching artists will conduct semester-long residencies. These residencies or "courses" are defined as a 1-hour session per week for a unique group of up to 25 students over a period of 12-16 weeks within the fall or spring semester. Through the after-school programming, A4L will serve 270 students. Site No. of Students Biscayne Elementary 100 Flamingo Park 50 North Beach Elementary 50 Scott Rakow Youth Center (at the Bass 20 Museum of Art) South Point Elementary 50 During the 2013-2014 year, A4L is proud to share that students at select sites will have the opportunity to participate in the National Water Dance project {www.nationalwaterdance.org). National Water Dance creates an opportunity for young artists across the country to experience the power of art and performance as a vehicle for social change by collaborating on the formation of a nationwide movement choir. The goal is to initiate a national "water ethic" that can inform and inspire both participants and audience members to take responsibility for conserving and protecting the water that they use and enjoy. All participants will perform simultaneously across the nation on April 12, 2014. School Programming Arts for Learning will partner with 61h, ?'h, and 8th grade classrooms at Fienberg Fisher K-8 Center and Nautilus Middle School to help students master higher order thinking skills and required academic content through the integration of theatre, dance, music and the visual arts. A4L's master teaching artists will partner with classroom teachers to deliver arts-based lessons through an extended residency to students that connect to their core academic learning goals while also providing professional development and coaching for teachers on effective arts-integration strategies. A4L's school program integrates beautifully with International Baccalaureate (I B) schools. In fact, Fienberg Fisher K-8 Center built upon its work with A4L to secure its IB designation. A4L will serve 10 classrooms across the two schools and reach 250 students. Preschool Programming Arts for Learning's preschool offering consists of visual and performing arts residencies conducted by master teaching artists who embed coaching, modeling and in-class teacher professional development into a 16-session residency structure. The efficiency of this approach is that it concurrently combines in-depth training for early childhood teachers with 429 Arts Education Funding FY 13/14 City Commission Meeting September 30, 2013 Page 4 of 4 high quality arts-based learning activities for students. The residency and coaching structure is as follows: • Planning Session (Session 1): The teacher and the artist identify residency goals/objectives. • Observation Session (Session 2}: The artist becomes acquainted with students and the classroom. • Classroom Sessions Led by the Teaching Artist (Sessions 3-11 ): Teaching artist leads eight 45-minute sessions. The classroom teacher participates in the sessions and in 15-minute post-session debriefings. • Planning Meetings (Sessions 12 and 14 ): The teaching artist and classroom teacher develop lessons together. For these lessons, the teacher will take the lead in the delivery of arts-based strategies. • Sessions Led by the Classroom Teacher (Sessions 13 and 15): Classroom teacher leads two 45-minute sessions that are followed by a 15-minute debrief discussion with the artist. • Closing Session (Session 16): During this session, the teaching artist has the opportunity to end the residency and to say "goodbye" to the students and determine follow up needs with the teacher. A4L will work with up to 5 preschools to serve 10 classrooms serving students ages 3-5 years old. In total, A4L will reach 150 preschool students. Performances Though A4L's national affiliate network, A4L will present American Place Theatre's Literature to Life Program's adaptation of Sandra Cisneros's The House on Mango Street. This Literature to Life original features 45 minutes of verbatim performance from the novel. Incorporating the full text from eight of the book's poetic vignettes including Red Clowns and A House of My Own, the actress, who is a Cuban-American from Miami, portrays the book's heroine Esperanza in an energetic performance. She leads the students through a unique theatrical event in which audience members are invited on stage to interact with the text and leave feeling not only connected to the characters but to each other. The performance will include a pre and post show discussion with the students. A4L will present this performance to middle school students at Fienberg Fisher K-8 and Nautilus Middle School to reach 500 students. The performance is scheduled for November 2013. In addition, an A4L master teaching artist ensemble will perform for up to 300 students in the spring. CONCLUSION The Administration recommends approving a professional services agreement with Arts for Learning/Miami for arts education programs for fiscal year 2013/2014, with the option at the city's sole discretion, to extend said professional services agreements for two additional years Ji:Jt~·7.~~t upon funds appropriations and program performance evaluations. JLM/~~GF T:IAGENDA\2013\0ctober 16\A4L Commission Memo 13.doc 430 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A NEW PROFESSIONAL SERVICES AGREEMENT WITH ARTS FOR LEARNING/MIAMI, A NOT -FOR-PROFIT CORPORATION, FOR IN- SCHOOL AND AFTER-SCHOOL ARTS EDUCATION PROGRAMS AT VARIOUS CITY PRESCHOOLS, PUBLIC SCHOOLS AND PARKS AND YOUTH CENTERS, IN AN AMOUNT NOT TO EXCEED $105,000, SAID AGREEMENT HAVING AN INITIAL TERM OF ONE (1) YEAR, COMMENCING ON OCTOBER 1, 2013, AND ENDING ON SEPTEMBER 30, 2014, WITH THE OPTION, AT THE CITY'S SOLE DISCRETION, TO EXTEND FOR AN ADDITIONAL TWO (2) YEARS CONTINGENT UPON FUNDS APPROPRIATIONS. WHEREAS, on September 27, 2010, the Mayor and City Commission approved Resolution No. 2010-27503, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Arts For Learning/Miami to provide arts education programs at various city public schools, and parks; and WHEREAS, said Agreement will expire on September 30, 2013; and WHEREAS, the city's FY 2013/14 budget includes funding in the Tourism, Culture and Economic Development Department budget to continue the Arts Education Program; and WHEREAS, the Cultural Arts Council recommended in favor of cotninuing the arts education program with Arts For Learning at its meeting on September 4, 2013; and WHEREAS, the Administration recommends approving the professional services agreement with Arts For Learing/Miami for in-school and after school arts education programs at various schools and youth centers in Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the Mayor and City Clerk to execute a new Professional Services Agreement with Arts For Learning/Miami, Inc., a not for profit corporation, to provide in-school and after-school arts education classes at Miami Beach preschools, public schools and various City parks and youth centers (as shall be determined by the City Administration) for Fiscal Year 2013/14, in the amount not to exceed $105,000, said agreement having an initial term of one (1) year, commencing on October 1, 2013, and ending on September 30, 2014, with the option, at the City's sole discretion, to extend for an additional two (2} years. PASSED AND ADOPTED this ___ day of _______ , 2013. ATTEST: MAYOR: CITY CLERK J LM/KGB/MAS/GF 431 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Retroactively Approving And Authorizing The Acceptance Of $3,898 Dollars In Donations And Sponsorships Made To The City For The Annual Family & Community Service Day, A Free Event. Key Intended Outcome Supported: Enhance Learning Opportunities for Youth and Improve the Lives of Elderly Residents. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: In 2012, the City of Miami Beach launched the first Community & Family Service Day. This celebration, due to its great success, has been carried on. The event engages the community in projects that enhance local parks, restore sand dunes crucial to our coastal environment, and engage youth with senior citizens in crossgenerational activities, all while introducing participants to free services and resources that are available to them throughout Miami Beach. On September 28,2013, the City of Miami Beach hosted its 2nd annual Family & Community Service Day. The event took place at North Shore Open Space Park, 8101 Collins Avenue. This year's event featured projects such as Dune restoration and beach clean-up, cross-generational recreational activities, expansion of butterfly gardens, tree planting and non-native plant removal, cleanliness and litter abatement, community beautification planting, and graffiti removal. The Family & community Service Day is open to the general public at no charge. Marketing efforts for this event include printed flyers distributed to local schools, social media pages, press release, and website inclusion. The City secured partnerships through donation and sponsorship for the event at varying levels of support. Staff worked diligently to identify funding sources to off-set the costs of producing this event. The Administration recommends the adoption of the attached Resolution authorizing the acceptance of these donations, their appropriation to cover costs of the Family & Community Service Day 2013. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Funds: 1 $350 (Cash) 011-8000-36691 0 OBPI 2 3,548 (in-Kind) Total $3,898 Financial Impact Summary: Donations (including Sponsorships) made to the City for the September 28, 2013 event will be expended from 011-8000-366910. City Clerk's Office Legislative Tracking: I Tonya Daniels MIAMI BEACH 432 AGENDA ITEM _C--=-7..:..X __ DATE /Q-{6-/ _?> 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 Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYOR A D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RETROAC VEL Y APPROVING AND AUTHORIZING THE ACCEPTANCE OF $3,898.00 DOLLARS IN DONATIONS AND SPONSORSHIPS MADE TO THE CITY FOR THE ANNUAL FAMILY & COMMUNITY SERVICE DAY, A FREE EVENT. ADMINISTRATION RECOMMENDATION Adopt the resolution. FUNDING Donations (including Sponsorships) made to the City for the September 28, 2013 event will be expended from 011-8000-366910. ANALYSIS In 2012, the City of Miami Beach launched the first Community & Family Service Day. This celebration, due to its great success, has been carried on. The event engages the community in projects that enhance local parks, restore sand dunes crucial to our coastal environment, and engage youth with senior citizens in crossgenerational activities, all while introducing participants to free services and resources that are available to them throughout Miami Beach. On September 28, 2013, the City of Miami Beach hosted its 2nd annual Family & Community Service Day. The event took place at North Shore Open Space Park, 8101 Collins Avenue. This year's event featured projects such as Dune restoration and beach clean-up, cross- generational recreational activities, expansion of butterfly gardens, tree planting and non- native plant removal, cleanliness and litter abatement, community beautification planting, and graffiti removal. The program began at 9am and concluded at 1 pm. The Family & community Service Day is open to the general public at no charge. Marketing efforts for this event include printed flyers distributed to local schools, social media pages, press release, and website inclusion. The event exceeded all expectations with 421 people volunteering. The following agencies participated in the event • Ayuda, • Barry University School of Education • Choices, et al • ClearPoint Credit Counseling Solutions 433 Community & Family Service Day October 16, 2013 City Commission Meeting Page 2 of 2 • First Care Home Services • EC Miami • ECOMB • Green Apple Day of Service • Housing Opportunities Project for Excellence (HOPE) • Miami Beach CERT • Miami Beach Coalition • Miami Beach Community Health Center • Miami-Dade Public Library System • On It Foundation • Open Arms Community Center • Rose Lesniak ABC Dog Trainer • Sunflower Society • Teen Job Corps The City secured the following partnerships through donation and sponsorship for the event at varying levels of support: o Coca-Cola o Panera Bread Company o Urban Resource o Sunset Nursery o Kelly's Tropicals o Happy Kids o Deborah Ruggiero CONCLUSION Staff worked diligently to identify funding sources to off-set the costs of producing this event. The Administration recommends the adoption of the attached Resolution authorizing the acceptance of these donations, their appropriation to cover costs of the Family & Community Service Day 2013. JLM/KGB/MAS/TD T:IAGENDA\2013\0ctober 16\Family and Community Service Day Sponsorship Acceptance Memo.doc 434 RESOLUTION TO BE SUBMITTED 435 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Retroactively Approving A Special Event Fee Waiver In An Amount Not To Exceed $32,390.00, For Sun And Fun Hospitality Give Back Day, Which Will Take Place On September 29, 2013 In Lummus Park. Key Intended Outcome Supported: Maximize Miami Beach as a Destination Brand. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The Miami Beach Chamber of Commerce, on behalf of the hospitality industry employees, submitted a special event permit application for Sun & Fun Hospitality Give Back Day, which is a day of celebration in honor of the hospitality & nightlife industry employees. The event took place on September 29, 2013 at Lummus Park between th-91h streets from 11 :OOam-S:OOpm. The City Manager is able to waive special event application and permit fees for non-profit applicants administratively and did so on September 18, 2013. However, the Square Footage Fee, Vehicle Beach Access Pass Fees and Police and Fire Administrative Fees can only be waived by the City Commission. The value of those fees total $32,390. The waiver of $32,390 for the Sun and Fun Hospitality Give Back Day is being presented for consideration by the Mayor and City Commission. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: The value of the special event fees recommended for waiver total $32,390. Ci Clerk's Office Le islative Trackin Max Sklar, Ext. 6116 MIAMI BEACH 436 City Manager AGENDA ITEM __ C-.7-=-----'"-Y-=-- DATE !O-fb-1} <9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Mem f ers of the~ ~~:ssion Jimmy L. Morales, City Manager 1_.. --" TO: FROM: DATE: SUBJECT: October 16, 2013 l:l A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING A SPECIAL EVENT FEE WAIVER IN AN AMOUNT NOT TO EXCEED $ 32,390.00, FOR SUN AND FUN HOSPITALITY GIVE BACK DAY, WHICH WILL TAKE PLACE ON SEPTEMBER 29, 2013 IN LUMMUS PARK. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Maximize Miami Beach as a Destination Brand. BACKGROUND The Miami Beach Chamber of Commerce, on behalf of the hospitality industry employees, submitted a special event permit application for Sun & Fun Hospitality Give Back Day, which is a day of celebration in honor of the hospitality & nightlife industry employees. The event took place on September 29, 2013 at Lummus Park between 7th-gth streets from 11 :00am-5:00pm. The event load-in took place on September 28, 2013 from 9:00am-5:00pm, with load-out on September 30, 2013 from 9:00am-5:00pm. The applicant has requested waiver of the following special event fee: Application Fee $ 250.00 Waived Administratively Permit Fee $ 500.00 Waived Administratively Square Footage Fee $ 29,625.00 Police Administrative Fee $ 860.00 Fire Administrative Fee $ 405.00 Vehicle Beach Access Pass Fee $ 1,500.00 SubTotal $ 33,140.00 Application and Permit Fees $ {750.00) Waived Administratively Total $ 32,390.00 437 Special City Commission Meeting September 23, 2013 Special Event Fee Waiver-Sun and Fun Hospitality Give Back Day Page 2 of2 The City Manager is able to waive special event application and permit fees for non-profit applicants administratively and did so on September 18, 2013. However, the Square Footage Fee, Vehicle Beach Access Pass Fees and Police and Fire Administrative Fees can only be waived by the City Commission. RECOMMENDATION The waiver of $32,390 for the Sun and Fun Hospitality Give Back Day is being presented for consid~ion by the Mayor and City Commission. JLM/tfdBJMAS/GW F:\INFO\$ALL\Max\TCD\Special Events\Special Event Fee Waiver Sun and Fun MEMO.doc 438 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING A SPECIAL EVENT FEE WAIVER IN AN AMOUNT NOT TO EXCEED $32,390.00 FOR SUN AND FUN HOSPITALITY GIVE BACK DAY WHICH WAS HELD ON SEPTEMBER 29, 20131N LUMMUS PARK. WHEREAS, the Miami Beach Chamber of Commerce, on behalf of the hospitality industry employees, submitted a special event permit application for Sun & Fun Hospitality Give Back Day, which is a day of celebration in honor of hospitality & nightlife industry employees; and WHEREAS, the event took place on September 29, 2013 at Lummus Park between th- 91h Streets from 11:00 a.m. to 5:00p.m.; and WHEREAS, the City Manager is able to waive special event application and permit fees for non-profit applicants administratively and did so on September 18, 2013; and WHEREAS, the square footage fee, vehicle beach access pass fees, and Police and Fire Department administrative fees have a total value of $32,390.00 and can only be waived by the City Commission. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby retroactively approve special event fee waivers in an amount not to exceed $32,390.00 for Sun and Fun Hospitality Give Back Day which was held on September 29, 2013 in Lummus Park. PASSED and ADOPTED THIS ____ day of _______ .2013. ATTEST: RAFAEL E. GRANADO CITY CLERK 439 MA TTl HERRERA BOWER MAYOR APPROVED AS TO FORM & LANGUAGE & FOR f;)(ECUTION COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving A Special Event Fee Waiver In An Amount Not To Exceed $ 12,055.25 (Plus To Be Determined Lummus Park User Fee}, For The 2013 Miami Dolphins Cycling Challenge (DCC}, Which Will Take Place On November 2, 2013 On The Beach front North Of 10 Street. Key Intended Outcome Supported: Maximize Miami Beach as a Destination Brand. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The Dolphins Cycling Challenge is an annual non-profit charity tri-county bicycle ride fundraiser which raises money for the Sylvester Comprehensive Cancer Center and University of Miami's Miller School of Medicine. The event will take place on November 2, 2013 from 8:00am-12:30pm, with the ride through Miami Beach and the mid-point I primary event conclusion area on the beach front north of 1 0 Street Commissioner Weithorn has requested waiver of special event fees totaling $12,055.25 plus to be determined Lummus Park User Fee. The City Manager is able to waive special event application and permit fees for non-profit applicants administratively. However, the Square Footage Fee, Vehicle Beach Access Pass Fees and the Lummus Park User Fees can only be waived by the City Commission. The Lummus Park User fee is calculated as 25% of City services rendered and can only be calculated after the event, once staffing plans are finalized. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: The value of the special event fees recommended for waiver total $12,055.25 plus to be determined Lummus Park User Fee. Ci Clerk's Office Le islative Trackin Max Sklar, Ext. 6116 MIAMI BEACH 440 AGENDA ITEM C. 7 Z DATE to-/h-1,) ------------------.. lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me bers of th1-:r;;ssion FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A SPECIAL EVENT FEE WAIVER IN AN AMOUNT NOT TO EXCEED$ 12,055.25 (PLUS TO BE DETERMINED LUMMUS PARK USER FEE), FOR THE 2013 MIAMI DOLPHINS CYCLING CHALLENGE (DCC), WHICH WILL TAKE PLACE ON NOVEMBER 2, 2013 ON THE BEACHFRONT NORTH OF 10 STREET. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Maximize Miami Beach as a Destination Brand. BACKGROUND The Dolphins Cycling Challenge is an annual non-profit charity tri-county bicycle ride fundraiser which raises money for the Sylvester Comprehensive Cancer Center and University of Miami's Miller School of Medicine. The event will take place on November 2, 2013 from 8:00am-12:30pm, with the ride through Miami Beach and the mid-point I primary event conclusion area on the beach front north of 10 Street. Commissioner Weithorn has requested waiver of the following special event fees: Application Fee $ 250.00 Waived Administratively Permit Fee $ 250.00 Waived Administratively Square Footage Fee $ 10,055.25 Lummus Park User Fee TBD Vehicle Beach Access Pass Fee $ 1,500.00 SubTotal $ 12,055.25 Application and Permit Fees $ (500.00) Waived Administratively Total $ 11,555.25 The City Manager is able to waive special event application and permit fees for non-profit applicants administratively. However, the Square Footage Fee, Vehicle Beach Access Pass Fees and the Lummus Park User Fees can only be waived by the City Commission. The Lummus Park 441 Special City Commission Meeting October 16, 2013 Special Event Fee Waiver-Dolphins Cycling Challenge Page 2of2 User fee is calculated as 25% of City services rendered and can only be calculated after the event, once staffing plans are finalized. RECOMMENDATION The waiver of $11,555.25 (plus to be determined Lummus Park user fee) for the Dolphins Cycling Challelfj is being presented for consideration by the Mayor and City Commission. ~'~~~~~16'Speoiol E"rn Fee Wolwc Dol phi"' Cydlog MEMO.doo 442 OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Mr. Jimmy Morales, City Manager Mr. Jose Smith, City Attorney Mr. Rafael Granado, City Clerk Commissioner Deede Weithorn September 26, 2013 Agenda Item for October Commission Agenda Request for waiver of rental fees MEMORANDUM On November 2nd, 2013 the Dolphins Cycling Challenge (DCC) will enter the City of Miami Beach as part of its ann ua I fund raiser to benefit the University of Miami Sylvester Comprehensive Cancer Center. The Dolphin Cycling Challenge, Inc. is a not-for-profit organization which, since 2010, organizes a yearly two day tri-county cycling event dedicated to increase cancer awareness, encourage healthy hobbies, and raise much needed funds forUM Sylvester. The event is programmed to commence at Sun life Stadium with Lummus Park as its final destination for the 30 mile ride. Commissioner Weithorn would like to request a resolution authorizing a fee waiver ofthefollowing fees for the DCC: • Application & permit fees $500.00 • Veh ide Beach Access Passes $1,500.00 • Square Footage Fees 40,221.00 sq. ft. x $0.25 $10,055.25 • Lummus Park 25% of the total City Services Invoiced Post Event (Does not include ad min fees) The DCC will remain responsible for the following obligations not covered within the requested fee waiver: • Reimbursable Deposit • 24hr. Parking Meter Rental • Police and Fire Fees • Boucher Displacement Fee lOth Street -11th Street $5,000.00 $10 per space $4,367.79 The resolution shall establish that the City's hard costs will be paid by the DCC. Please contact Commissioner Weithorn's Office at extension 7105 with any questions and/or concerns. Thi1o~ Ale~ Commissioner Weithorn's Office 443 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING SPECIAL EVENT FEE WAIVERS IN AN AMOUNT NOT TO EXCEED $ 12,055.25, PLUS A "TO BE DETERMINED" LUMMUS PARK USER FEE, FOR THE 2013 DOLPHINS CYCLING CHALLENGE (DCC), WHICH WILL TAKE PLACE ON NOVEMBER 2, 2013 ON THE BEACHFRONT NORTH OF 10th STREET. WHEREAS, the Dolphins Cycling Challenge is an annual non-profit charity tri-county bicycle ride fundraiser which raises funds for the University of Miami Sylvester Comprehensive Cancer Center and the University of Miami's Miller School of Medicine; and WHEREAS, the event will take place on November 2, 2013 from 8:00a.m.-12:30 p.m., with the ride taking place through Miami Beach and the mid-point/primary event conclusion area on the beachfront north of 1oth Street; and WHEREAS, the City's Special Event Requirements and Guidelines authorize the City Manager to waive special event application and permit fees for non-profit applicants administratively; and WHEREAS, the square footage fee and vehicle beach access pass fees have a total value of $12,055.25 and can only be waived by the City Commission; and WHEREAS, Lummus Park user fees are calculated as 25% of City services rendered and can only be calculated after the event, once staffing plans are finalized, and can only be waived by the City Commission; and WHEREAS, the Mayor and City Commission deem it in the best interest of the City to waive the square footage fee, beach access pass fee, and a "to be determined" Lummus Park user fee for the DCC event. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve special event fee waivers in an amount not to exceed $12,055.25, plus a "to be determined" Lummus Park user fee, for the 2013 Dolphins Cycling Challenge; which will take place on November 2, 2013 on the beachfront north of 1 01h Street. PASSED and ADOPTED THIS 161h day of October 2013. ATIEST: RAFAEL E. GRANADO CITY CLERK 444 MA Til HERRERA BOWER MAYOR APPROVED t'\S TO FORM & LANGUAGE & FOFlEXECUTION j \.. ..... • THIS PAGE INTENTIONALLY LEFT BLANK 445 COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the acceptance of twenty-two thousand dollars ($22,000) in cash donation (including sponsorship) from the Marilyn and Edward Gadinsky Charitable Foundation made to the City in support of the SoundScape Cinema Series for Fiscal Year 2013/14; and authorizing the City Manager or his designee to make such expenditures and/or reimbursements from the aforestated donations, in furtherance of and consistent with the aforestated event. Key Intended Outcome Supported: Increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey reported two out of three residents (67%) believed the City offered the right amount of cultural activities, while 27% said there were too few. In 2005, 34% of residents thought there were too few cultural activities, and in 2009 the figure decreased to 24%. Residents of North Beach (30%) and South Pointe (31%) were more likely to say there were too few cultural activities. Item Summary/Recommendation: As you know, the City developed and produced the SoundScape Cinema Series at the ExoStage, which launched in March 2011 and allows the public to experience FREE weekly movies. The Cinema Series is part of the City's Arts in the Park program that was launched in 2006 in response to the results of community surveys and focus groups that indicated residents would like to see more free cultural events. The SoundScape Cinema Series uses the state-of-the-art visual and audio technology in SoundScape on a soaring, 7,000-square-foot projection wall. The inaugural season of the Cinema Series ran fourteen (14) weeks, with movies shown on Wednesday nights in an effort to bring consumers to the area during a slower night of the week. The SoundScape Cinema Series was very well received by the Community, generating an average weekly attendance of 938 people, with a high of 1,200 for The Wizard of Oz. Attendees continue to provide very positive feedback to City Staff regarding the experience, and many say it has enhanced their sense of community and quality of life. Today.com, in cooperation with Travel+ Leisure, ran a story in the travel section of the website on June 10, 2011 , highlighting America's Best Outdoor Movie Theaters, which included the City's SoundScape Cinema Series. The Administration was in the midst of planning to continue the Cinema Series from October 2011-May 2012, when Mr. and Mrs. Edward Gadinsky approached the City interested in supporting the Cinema Series. After several discussions, the Gadinskys agreed to a cash donation of$ 36,376 to cover the costs associated with Licensing Fees for the movies and Technical Staff for the Event. In exchange, the City recognized them prior to each weekly movie and in all marketing and promotions associated with this Cinema Series. The Gadinskys continued sponsorship of the 2012/13 SoundScape Cinema Series in the amount of $18,188, and would like to contribute $22,000 in sponsorship for 2013/14. Advisory Board Recommendation: IN/A Financiallnfonnation: Source of Funds: Amount Account 1 OS PI Total Financial Impact Summary: These sponsors are providing a total of $22,000 in funding and in-kind contributions to offset the costs for SoundScape Cinema Series. Ci Si MIAMI BEACH anager 446 AGENDA ITEM c 7 A A DATE {0-(b-r} ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Mem FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYOR A D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF TWENTY- TWO THOUSAND DOLLARS ($22,000) IN CASH DONATION (INCLUDING SPONSORSHIP) FROM THE MARILYN AND EDWARD GADINSKY CHARITABLE FOUNDATION MADE TO THE CITY IN SUPPORT OF THE SOUNDSCAPE CINEMA SERIES FOR FISCAL YEAR 2013/14; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE SUCH EXPENDITURES AND/OR REIMBURSEMENTS FROM THE AFORESTATED DONATIONS, IN FURTHERANCE OF AND CONSISTENT WITH THE AFORESTATED EVENT. ADMINISTRATION RECOMMENDATION Adopt the resolution. ANALYSIS As you know, the City developed and produced the SoundScape Cinema Series at the ExoStage, which launched in March 2011 and allows the public to experience FREE weekly movies. The Cinema Series is part of the City's Arts in the Park program that was launched in 2006 in response to the results of community surveys and focus groups that indicated residents would like to see more free cultural events. The SoundScape Cinema Series uses the state-of-the-art visual and audio technology in SoundScape on a soaring, 7,000-square- foot projection wall. In producing the SoundScape Cinema Series the City uses the following Selection Criteria: 1. Public Performance Event License availability 2. Rating of "G", "PG" or "PG-13" by the Motion Picture Association of America (MPAA) 3. History of critical and commercial success to appeal to largest resident population 4. Variety of programming through length of series: balancing recent and classic films in numerous genres (action, comedy, musicals, drama, animation, suspense, science fiction/fantasy); non-political content 5. Appropriateness of film to public outdoor large-screen format The inaugural season of the Cinema Series ran for fourteen (14) weeks, with movies shown on Wednesday nights in an effort to bring consumers to the area during a slower night of the week. The SoundScape Cinema Series has been very well received by the Community, generating an average weekly attendance of 938 people, with a high of 1 ,200 for The Wizard of Oz. Attendees continue to provide very positive feedback to City Staff regarding the experience and many say it has enhanced their sense of community and quality of life. 447 SoundScape Cinema Series Edward and Marilyn Gadinsky Charitable Foundation October 16, 2013 City Commission Meeting Page 2 of 2 Today.com, in cooperation with Travel + Leisure, ran a story in the travel section of the website on June 10, 2011, highlighting America's Best Outdoor Movie Theaters, which included the City's SoundScape Cinema Series. Due to the program's success, additional movies were added to the schedule to be shown in August prior to the start of the next school year. Unfortunately, weather and other technical issues with the equipment forced the City to cancel those movies. The Administration was in the midst of planning to continue the Cinema Series from October 2011 -May 2012, when Mr. and Mrs. Edward Gadinsky approached the City interested in supporting the Cinema Series. After several discussions, the Gadinsky's agreed to a cash donation of$ 36,376 to cover the costs associated with Licensing Fees for the movies and Technical Staff for the Event. They made payments in two installments occurring in October 2011 and January 2012. In exchange, the City recognized them prior to each weekly movie and in all marketing and promotions associated with the Cinema Series. The City funded any other costs for the series (e.g. port-o-lets}. 38 films were shown to large and enthusiastic crowds. The Gadinskys continued sponsorship of the 2012/13 SoundScape Cinema Series in the amount of $18,188, and would like to contribute $22,000 in sponsorship for 2013/14. The Gadinskys moved to Miami Beach in 1965. Edward Gadinsky is a successful Florida real estate developer. Marilyn Lane Gadinsky is a former Miami News reporter, award- winning photojournalist and was the head of her own public relations firm. She is a founding member of the Miami Children's Museum where, until recently, she served on the Board of Directors. Mr. and Mrs. Gadinsky are patrons of arts whose charitable endeavors include the Miami Children's Museum, the Miami City Ballet and the Arsht Center for the Performing Arts. CONCLUSION Staff has worked diligently to identify funding sources to off-set the costs of producing this event that provides a unique cultural experience for our residents and visitors. The Administration recommends the adoption of the attached Resolution authorizing the acceptance of the donation, their appropriation to cover costs of SoundScape Cinema Series and authorizes the City Manager to make such expenditures and reimbursements assoc~· ed with the event. JLM/K /MAS/GF T:\AGEN 12013\0ctober 16\Gadinsky Sponsorship Acceptance Memo.doc 448 RESOLUTION TO BE SUBMITTED 449 OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA IN SUPPORT OF THE UNITED NATIONS SECRETARY-GENERAL'S CAMPAIGN "UNITE TO END VIOLENCE AGAINST WOMEN"; SUPPORTING THE OCTOBER 25, 2013 "ORANGE DAY" AROUND THE WORLD WHICH WILL FOCUS ON "SAFE PUBLIC SPACES FOR WOMEN AND GIRLS"; SUPPORTING THE "PROUDLY TO END VIOLENCE PROJECT" ALSO ALIGNED WITH THE UNITE CAMPAIGN; AND ENCOURAGING OTHER CITIES TO JOIN THE CITY OF MIAMI BEACH IN SUPPORTING THESE EFFORTS At the request of Mayor Matti Herrera Bower, the attached Resolution is submitted for consideration by the Mayor and City Commission. 450 Agenda Item C 7 BB Date lo~ltri3 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: October 9, 2013 Re: Resolution Supporting The United Nations Secretarv-General's UNiTE Campaign to End Violence Against Women and Girls Please place on the October 16, 2013 City Commission agenda a Resolution Supporting United Nations Secretary-General's UNiTE Campaign to End Violence Against Women and Girls. Miami Beach has always been a leader in protecting the rights of all people who work, live or visit our community. Our Office of Community Services and our Human Rights Committee works together to ensure that everyone feels safe and secure on Miami Beach at all times. In conjunction with this resolution, I am asking that we declare October 25, 2013 "Orange Day'' in the City of Miami Beach tosupport awareness for safe public spaces for women and girls. I would like to encourage our City staff to wear orange on October 25, 2013, and request that we wrap City Hall with orange ribbons to bring attention to this cause. Should you have any questions, please contact Gabrielle Redfern at extension 6157. Thank you. MHB/ fgr 451 RESOLUTION NO. ________ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA IN SUPPORT OF THE UNITED NATIONS SECRETARY- GENERAL'S CAMPAIGN "UNITE TO END VIOLENCE AGAINST WOMEN"; SUPPORTING THE OCTOBER 25, 2013 "ORANGE DAY" AROUND THE WORLD WHICH WILL FOCUS ON "SAFE PUBLIC SPACES FOR WOMEN AND GIRLS"; SUPPORTING THE "PROUDLY TO END VIOLENCE PROJECT" ALSO ALIGNED WITH THE UNITE CAMPAIGN; AND ENCOURAGING OTHER CITIES TO JOIN THE CITY OF MIAMI BEACH IN SUPPORTING THESE EFFORTS. WHEREAS the United Nations Secretary-General's campaign "UNiTE to End Violence Against Women" (the "Campaign") seeks to eradicate sexual harassment and sexual violence against women in urban and rural areas around the world; and WHEREAS, sexual harassment and sexual violence against women reduces women and girls' freedom of movement, thus denying them the same opportunities as men and boys to enjoy their neighborhoods and cities; and WHEREAS, sexual harassment reduces the ability of women and girls to participate in school, in employment, and in public life by limiting their access to essential services, health care, and the enjoyment of cultural and recreational opportunities; and WHEREAS, the UN Women's "Safe Cities" initiative works with governments, the private sector, UN Agencies, and other partners to develop a holistic, evidence-based, human rights- based approach that aims to create safe public spaces for women and girls; and WHEREAS, the Campaign's Orange Day on October 25, 2013 will focus on safe public spaces for women and girls, and seeks a show of support for this cause around the world; and WHEREAS, the "Proudly to End Violence Project," an initiative of Hear Congo, is a collaboration forged by several organizations in the private sector that have aligned with public entities and foundations in support of the United Nations Secretary-General's Campaign "UNiTE to End Violence Against Women." NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach hereby support the United Nations Secretary-General's Campaign "UNiTE to End Violence Against Women" and the focus on safe public spaces for women and girls on October 25, 2013, also known as "Orange Day," around the world; and support the "Proudly to End Violence Project" also aligned with the UNiTE Campaign; and further encourage other cities to join the City of Miami Beach in supporting these efforts. PASSED and ADOPTED this 16th day of October, 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK F:\ATTOITURNIRESOS\End Violence Against Women docx 452 THIS PAGE INTENTIONALLY LEFT BLANK 453 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND CONSENTING TO A WAIVER OF CONSUMER PRICE INDEX RATE ADJUSTMENTS FOR FISCAL YEAR2013/2014 FOR BUILDING, PLANNING, PUBLIC WORKS AND FIRE DEPARTMENT FEES CONTAINED IN APPENDIX A OF THE CITY'S CODE OF ORDINANCES RETROACTIVE TO OCTOBER 1, 2013 Key Intended Outcome Supported: Ensure expenditure trends are sustainable over the long term. Improve the City's overall financial health and maintain overall bond rating. Supporting Data {Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: Management is currently reviewing the structure of Building Development Process fees to determine whether there are more efficient, effective and transparent ways to fee the public for these services. Staff is planning to bring recommendations forward for consideration by the City Commission in approximately January, 2014. As such, staff does not recommend implementation of CPI increases to the fees detailed in Appendix A of the City's Code of Ordinances at this time for Fiscal Year 2013/14, and recommends that the City Commission waive any such increases. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: The approximate impact in lost revenue by waiving the CPI increase is approximately $200,000 for fiscal year 2013/14 for the Building Department. Ci Clerk's Office Le islative Trackin Mariano Fernandez x6868 Si n-Offs: Department Director Assistant City Manager MIAMI BEACH 454 AGENDA ITEM DATE C7CL. /CJ-/6-13 .. ·-·----··-·--------------- ,\_ i ~· ',. / ~ ' ' /~\ /\./\ I B E A C H City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND CONSENTING TO A WAIVER OF CONSUMER PRICE INDEX RATE ADJUSTMENTS FOR FISCAL YEAR 2013/2014 FOR BUILDING, PLANNING, PUBLIC WORKS AND FIRE DEPARTMENT FEES CONTAINED IN APPENDIX A OF THE CITY'S CODE OF ORDINANCES RETROACTIVE TO OCTOBER 1, 2013 ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure expenditure trends are sustainable over the long term. Improve the City's overall financial health and maintain overall bond rating. HISTORY On January 13, 2010, the City Commission approved four ordinances for the Building, Fire, Planning and Public Works departments related to the fees for the Building Development Process. These ordinances went into effect on February 1, 2010 and provided a complete overhaul of the fee structure for the above mentioned departments. Building development fees for all four departments were incorporated into a comprehensive "APPENDIX A" to the City's Code of Ordinances, and the ordinances included a provision that the rates in Appendix A "will be administratively adjusted annually to reflect increase(s) or decrease(s) in the Consumer Price Index {CPI) for consumers in the Southeast United States for all items, unless otherwise directed by the City Commission (emphasis added). On October 1, 2011, additional changes to the fee structure were implemented, which included a waiver of CPI adjustments for 2011 and 2012. On September 27, 2012, the City Commission approved some CPI adjustments to Appendix A for 2013 as part of broader adjustments to other fees in the Ordinance. ANALYSIS Management is currently reviewing the structure of Building Development Process fees to determine whether there are more efficient, effective and transparent ways to fee the public for these services. Staff is planning to bring recommendations forward for consideration by 455 Commission Memorandum -Waiver of CPI Adjustments October 16, 2013 Page 2 of 2 the City Commission in approximately January, 2014. As such, staff does not recommend implementation of CPI increases to the fees detailed in Appendix A of the City's Code of Ordinances at this time for Fiscal Year 2013/14, and recommends that the City Commission waive any such increases. The fiscal impact for the Building Department by waiving the automatic CPI increase for fiscal year 2013/14 would be approximately $200,000, with the impact on the other three departments significantly less. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission approve and consent to a waiver of Consumer Price Index Rate Adjustments for Fiscal Year 2013/14 {retroactive to October 1, 2013} for Building, Planning, Public Works and Fire Fees contained in Appendix A of the City's Code of Ordinances. T:~6\Waiver of CPIAdjustments\Memo 456 RESOLUTION TO BE SUBMITTED 457 -------------------------------- COMMISSION ITEM SUMMARY Condensed Title: A Resolution setting a Public Hearing to adopt the Third Amendment to the General Fund, Enterprise Fund, Internal Service Fund and S eclal Revenue Fund Bud ets for Fiscal Year FY 2012/13. Key Intended Outcome Supported: Improve the City's overall financial health and maintain overall bond rating. Supporting Data: N/A Item Summary/Recommendation: The budgets for the General Fund, Enterprise Fund, Internal Service Fund and Special Revenue Fund for Fiscal Year 2012/13 were approved on September 27, 2012 with the adoption of Resolution No. 2012- 28014. The First Amendment was approved on April17, 2013 with the adoption of Resolution No. 2013- 28185. The Second Amendment was approved on September 30, 2013 with the adoption of Resolution No. 2013-28361. The Administration requests that the Mayor and City Commission set a public hearing to be held on November 25, 2013, to adopt the Third Amendment to the General Fund, Enterprise Fund, Internal Service Fund and Special Revenue Fund budgets for Fiscal Year (FY) 2012/13. The Second Amendment amended various department budgets that were projected to overspend their appropriation based on the third quarter projections. The additional expenses above budget were offset by reducing appropriation in other departments or by offsetting additional revenue. The Third Amendment, if needed, is intended to amend any budgets that overspend their appropriation following the close of the fiscal year. If no budgets overspend their appropriation, then the Third Amendment will not be necessary. Per Florida Statute 166.241, the City has 60 days following the end of the fiscal year to amend a budget for that year. The City of Miami Beach provides a wide range of municipal services including Police; Fire-Rescue; Parks and Recreation; Water, Sewer, Stormwater, and Sanitation; and Public Works. The City's annual operating budget allows us to address the needs of the community and includes: • The General Fund • General Obligation Debt Service Fund • Enterprise Funds • Transfers to the Redevelopment Agency • Other Special Revenue Funds The Administration requests that the Mayor and City Commission set a public hearing to be held on November 25, 2013, to adopt the Third Amendment to the General Fund, Enterprise Fund, Internal Service Fund and Special Revenue Fund budgets for Fiscal Year {FY) 2012/13. Financial Information: Source of Amount Funds ~ Cit Clerk's Office Le islative Trackin Assistant City Manager MIAMI BEACH 458 Account AGENDA ITEM DATE C7DD IO-{b-13 -·---------· ----------------------------- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.micmibeochA.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M bers of ~mission FROM: Jimmy L. Morales, City Manager DATE: October 16,2013 rl SUBJECT: A RESOLUTION SETTING A ~UBLIC HEARING TO ADOPT THE THIRD AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY) 2012/13 ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Improve the City's financial health and maintain overall bond rating. ANALYSIS The budgets for the General Fund, Enterprise Fund, Internal Service Fund and Special Revenue Fund for Fiscal Year 2012/13 were approved on September 27, 2012 with the adoption of Resolution No. 2012-28014. The First Amendment was approved on April 17, 2013 with the adoption of Resolution No. 2013-28185. The Second Amendment was approved on September 30, 2013 with the adoption of Resolution No. 2013-28361. The Administration requests that the Mayor and City Commission set a public hearing to be held on November 25, 2013, to adopt the Third Amendment to the General Fund, Enterprise Fund, Internal Service Fund and Special Revenue Fund budgets for Fiscal Year (FY) 2012/13. The Second Amendment amended various department budgets that were projected to overspend their appropriation based on the third quarter projections. The additional expenses above budget were offset by reducing appropriation in other departments or by offsetting additional revenue. The Third Amendment, if needed, is intended to amend any budgets that overspend their appropriation following the close of the fiscal year. If no budgets overspend their appropriation, then the Third Amendment will not be necessary. Per Florida Statute 166.241, the City has 60 days following the end of the fiscal year to amend a budget for that year. The City of Miami Beach provides a wide range of municipal services including Police; Fire- Rescue; Parks and Recreation; Water, Sewer, Stormwater, and Sanitation; and Public Works. The City's annual operating budget allows us to address the needs of the community and includes: • The General Fund • General Obligation Debt Service Fund • Enterprise Funds 459 Commission Memorandum Page2 • Transfers to the Redevelopment Agency • Other Special Revenue Funds The General Fund is the primary operating fund for the City and includes much of the usual activities of any municipality including Police, Fire, Parks and Recreation, Public Works Streets and Engineering, Building, Tourism and Culture as well as general administrative functions, and the Office of the Mayor and Commission. Within the General Fund, Citywide Accounts reflect expenditures that do not fall under the purview of a particular Department such as accumulated leave payments, grants to social service agencies, non-profits, and special studies. They are monitored by the Office of Budget and Performance Improvement and the City. General Obligation Debt is the debt service funding required for voter-approved bonds issued with the belief that a municipality will be able to repay its debt obligation through taxation or revenue from projects. No assets are used as collateral. The Enterprise Fund Budget is comprised of Departments that use revenues received for services provided to the general public on a continuing basis and are primarily financed through user charges. The criteria used to determine if an operation should be an enterprise fund includes: 1) that it generates revenues; 2) that it provides services to the community; and 3) that it operates as a stand-alone entity, without subsides from taxes etc. The City's Enterprise Fund Departments are: Convention Center, Sanitation, Stormwater, Water, Sewer, and Parking. The City of Miami Beach Redevelopment Agency is a separate entity, whose Chairperson and Board of Directors are also the City's Mayor and City Commission. Special Revenue Funds include the Resort Tax Fund as well as 71J1 Street Garage Operations; 51h & Alton Garage Operations; Art in Public Places; Tourism and Hospitality Scholarship Program; Green/Sustainability Fund; Waste Hauler Additional Services and Public Benefit Contribution Fund; Education Compact Fund; Red Light Camera Fund and Emergency 911 Fund. The Resort Tax Fund is supported primarily by taxes levied on hotel, motel, rooming house and short term apartment room rents as well as on food and beverages sold at retail in any restaurant, as authorized by State Statute, and is used to fund tourism-eligible expenditures. Internal Service Funds are used to account for the financing of goods and services provided by one department to other departments on a cost-reimbursement basis. Internal Service Fund rates are set to recover the full cost of providing a particular service. The Internal Service Funds budgeted expenditures are completely offset by revenues received from the General Fund, Enterprise Fund Departments and Special Revenue Funds. The City's Internal Service Fund Departments are Information Technology, Central Services, Risk Management, Property Management, and Fleet Management. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, set a public hearing on November 25, 2013, to adopt the Third Amendment to the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Fund Budge1q,or Fiscal Year (FY) 2012/13. JLM:K~~~ 460 RESOLUTION TO BE SUBMITTED 461 ·,.:'I ' "' ' i ~' Be D,·,--H Lt \\__. OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION CITY MANAGER JIMMY MORAL FROM: CITY ATTORNEY JOSE S DATE: OCTOBER 16, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA URGING THE FLORIDA LEGISLATURE TO CONSIDER AND ENACT LEGISLATION THAT WOULD RECOGNIZE LEGAL RIGHTS FOR PETS BEYOND THEIR CURRENT COMMON LAW STATUS AS PERSONAL PROPERTY AND TO PROVIDE FOR THE RECOVERY OF NON-ECONOMIC DAMAGES FOR HARM TO PETS TO COMPENSATE PET OWNERS FOR THEIR EMOTIONAL AND PSYCHOLOGICAL PAIN AND SUFFERING RESULTING FROM SUCH HARM. Pursuant to the request of Commissioner Michael Gongora, the attached Resolution is submitted for consideration by the Mayor and City Commission. Also, attached is a copy of the Kennedy v. Byas case which sets forth the current state of the law in Florida with regard to owners recovering non-economic damages for injuries to their pets. In the Kennedy case, the First District Court of Appeal declined to recognize damages where the conduct resulting in the pet's injuries was due to veterinary malpractice and not malicious behavior. 462 Agenda Item C 7 E t= Date /O-Jf:r/3 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Jimmy Morales, City Manager ~~ Michael G6ngora, Commissioner~ October q1 2013 MEMORANDUM SUBJECT: Discussion Item for October 16 Commission Meeting Please place on the October agenda as a discussion item regarding enacting a resolution to urge the Florida Legislature to consider and enact legislation that would recognize legal rights for pets beyond their current common law status. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 463 867 So.2d 1195, 29 Fla. L. Weekly D564 (Cite as: 867 So.2d 1195) H Distrlct Cotut of Appeal ofFlorida, First District. Robert Bruns KBNNEDY, Petitioner, v. Dr. Albert BYAS, d/b/a Agape Animal Hospital, Respond\1nt. No. 1003-3234. March 4, 2004. llnckground: Dog owner filed petiUon for writ of certiorari, seeking review of the transfer of his ac- tion for vetel'inmy malpractice from circuit comt tn county court for failure to satisfy the jurisdictional limits. Holding: The District Court of Appeal, Wolf, C.J., held lhllt impact rule precluded dog owner fi·om re· covering dam11ges for emotional distress. Affirmed. West Hendnotes !II Certiornri 73 ~5(1) 73 Certiorari 731 N<lt\lre and Grounds 73k5 Existence of Remedy by .Appeal or Writ of Error 73k5(1) k. ln General. Most Cited Cases An order of the circuit court transfelTing all fmther jurisdiction j\·om the circuit COUit to the county court is reviewuble by petition for certiorari because nbsent this remedy, petitioner would be de- prived of any rigbt of review of L11e circuit court's order. 121 Damagos 115 ~57.38 I 15 Damages 1151 II Grounds and Subjects of Compensatory Damages Page 2 of 14 Pttge I IISIII(A) Direct or Remote, Contingent, or Prospective Consequenoes or Losses 115lll(A)2 Mental Suffering and Emo- tional Distress 115k57.36 lnjmy to Property or Prop- erty Rights 115k57.38 k, Pets and Other Anim- als. Most Cited Cases {Formerly 115k55) Impact rule precluded dog owner fi·om recover- ing damages for emotional distress nrislng out of al- leged veterina1y malpractice in treatment of dog; 1\ililllul~ were personal propetty, Jlot fnmlly m~m· bers, Md expanding the familial rell!tionships ex- ception to the Impact rule to include pets would place an \Uillecessaty burden on courts' case loads. 131 Damages 115 ~57.10 115 Damages l15III Grounds and Subjects of Compensatory Dmnages ll5Uf(A) Direct or Remote, Contingent, ot Prospective Consequences or Losses 115lll(A)2 Mental SuJfering nnd Emo- tional Distrcs~ l15k57 .8 Nalure of Injllly or Tbrent in GoneJ'al 115k57 .I 0 k. Physical Illness, lm- pnct, or lnjwy; Zone of Danger. Most Cited Cases (Formerly 115k50) The "impact rule'' requires some physlcal im- , pact pl'ior to the recovery of damage~ for emotional distress. 141 Animals 28 t£;;::;:;>J.5(4) 28 Animals 28k 1.5 Animals as Propel'ty; Status 2Bkl.5(4) k. Dogs. Most Cited Cases (Formerly 28kl) While a dog may be considered by many to be ~ member O( the famiJy, Ulld()l' !'lorida laW animnis nre considered to be personal property. © 2013 Thomson Reuters. No Claim to Orig. US Gov. Works. llttp :1 /web2. west law .com/print/prilttstream.aspx?utid=3 &prft=HTMLE&vr=2.0&destinatio... 1 0/4/201 3 464 867 So.2d 1195, 29 Fla. L. Weekly D564 (Cite ns: 867 So.2d 1195) *1196 Clayton R. Syltou, of Syfrett & Kykes Law Otiices, P.A .• Ptmama City, for petitioner. B, Richatd Yollng and Imz:ilieth A. ParsOlJM, of Yotmg, Bill, Fugett & Roumbo~. PA, Pensacola, for respondent. WOLF. C.J. Robert Kennedy, the plaintiff ln the trial court, hns filed a petition ror Writ of CertioJ'Ilri asking us to qua.~h an order granting the respondent's motion to transfer petitioner's action from circuit c-outt to county court. Petitionet' contends that the circuit judge's ordct dcterminit'lg thHt he could not collect emotional distre.~s damages based on vcterinnry malpractice in the treatment of his basset hound constituted a departure fl·om tl1e essential require- ments of law. We disagree, deny the petition, Md certify conflict with the Third District Court of Ap- peal's decisions in Johnson v, Wander, 592 So.2d 1225 (Fh'i. 3d DCA ] 992), and Knm~/e,\' Animal lfosp., Inc. 1'. Wilts, 360 So.2d 37 (Fla. Jr.! DCA 1978). The pctilioucr filed a two count complaint against his veterinarian, Dr. Byai!, seeking damages for votel'inary malpl'actice in the treatment of his basset hound. In count l, petitioner alleged negli- gence and emotional distress; in count IJ, the poti· tioner alleged fraud. Dr. Byas filed <l motion for partial summary judgment. The defense motion tor partial summmy judgment was gr!\llted with re~pect to Kennedy's claim fot' emotional distr\lss damug(;l.~, finding that, even if nil nlleg~tiolis were proven, the petitioner' could not recover for emotional distre~s, mental paln <md sutf-ering, or mental anguish. The court clcniod tha;J rnolion with respect to the thmd claim. After discovery, Dr. Byas l'iled a motion to transfer venue fl'om circuit cot1rt to county court, asserting that discovety had l'ovealed that without the clulm of damages for emotional distress the only damages remaining in litigation were $350 al· leged as the value of the basset hound and $50 for Page 3 of 14 Pnge2 the arilount of the bill over which an allegation of fraud had boon raised.1'111 The *1197 clrctilt court entered an order granting Dr. Byas' motion to trans· fer becattse the jurisdictional limits of thc circuit court had not been satisfied. J1N I. In his objection to the motion to transfer the case to county cou11:, the 'j)t;tl- tioner acknowledged that without the claim for mental anguish the remaining dmnuges did not meet the threshold requirement for circuit court. r 1] An order of the circuit CO~Il't lrnnsfcrrh:g all fU!ther jurisdiction from the circuit cotlrt to the county court Is reviewable by petition tor certloruri because absent this remedy, petitioner would be de- prived of any t·ight of review of the circLiit court's order. See Easley v. Ganim Sancrumy, 120 So.2d 59 (Fin. 2d DCA 1960). We detennine, however, that petllioner hns failed to demonstrate a depmturc from the essential requirements of law. John.I'0/'1 v. Wander, 592 So.2d 1225 (Fla. 3d DCA 1992), is n veterinary m~:~lpractice case vvher·e, as here, the trial court entered partial summary judgment on the claims for damngcs for cmotionnl distress m1d .snbsequently granted a motion to change the cnse from circu1t cou1i to county coUl'l due to the lower jurisdictional amount sought in the clalms remaining. Jn that case, the Thh•d Dt({lrict held that 11 .Jtwy qu<:stion was presented on the is- suus of gross negligence and mental pain and s1.1f· ferlng <1S claimed by the dog's owner and the trial cou1i improperly transferred tho case to county cout"t as being a claim for less than the circuit coutt jurisdJctiona1 amount. fn Knowles Animal Hosp., Ina. v. Wills. 360 So.2d 37 (Fin. 3d DCA 1978), the Third District specifically hdd that 11 dog ow11cr wus entitled to collect for emotional damages in a veterinary Jnalpt'act!ce case. We det~rminc that the "impact rllle" precludes such recovery. See Ze/1 v. Meek, 665 So.2d 1048 (Fla.l995). f2][3) The ''[mpact rule'.' requires some physlc- el lmpnct prior to the recove1y of dnmages for em'll- © 20 l 3 Thom~on Reuters. No Claim to Orig. US Gov. Works. 11t!'p://wcb2. westlaw.com/print/printstream.aspx?utid=3&prft=HTMLE&vr=2.0&destinaLio. .. 1 0/4/2013 465 .I i ! 867 So.2d 1195, 29 Fla. L. Weekly D564 (Cite as: 867 So.2d 1195) tionul distt·css. Jd. at 1050. Petit loner requests thnt we abandon the "impact mle" in thi_s case and allow 1he recovc1y for emotional distress in cases In- volving veterinruy malpractice. In Wrdktil' v. 8. Baplist Hosp. of Fla., Inc., 864 So.2d 1 173 (Fla. lsl DCA 2004), this court recognized that the impact rule is no\ an unyielding inilexible rule of law and in some cases damag~s for emotional distress may be recovered absent. physical impact. We identified those types of cases where ail exception to the im· p<tct rule was likely to be npplled: There exist common threads in all of the forego- ing case~ in which tlte comt established excep- tions to the impact rule. In all, the likelihood of emotional injury was clearly foreseeable; the emotional injury was likely to be significant; the issue of cAusation was relatiwly straightforward; and it wns unlikely that ~;reari11g en exception to the rule wmild resuli in a flood of fictitious OJ" speculative claims. !d. [ 4] One area thai was identified a$ having lhe gravity of emotional injury and lack of countervail- ing policy concerns to justify exceptions to the im- pnct rule iiwolves familial relationships, such as in• jury to n child a~ n reHult oF molpractkc. See W~lk" r<r. We decline to cxltmd this exception to malprac- tice cases involving animals. As we stated in Ben- neff v. BrmnrJf/, 655 So.2d 109, l JO (Fla. 1st DCA 1995), "While a dog may be considcfed by many to be n member of the family, und~r Flol'lda law anim- als are c0nsidered to be pers<~nal property." In making this polnt we have not ovel"lcoked the decisioL1 of the Florida Supreme Court in Let l'ilNe v. As:weiated lndaps., inc., 163 So.2d 267, 269 (Fla. I 964), where the supreme c0~1rl stated, ''Without dlscussing"1.198 lhe affmity between 's~;ntimentul VO:lhte and mentul suftbring' we feel thnt the nffection of a master for his dog is a very real thlng and that the mallciou.~ dcstwction of the pel provides un eleinent of damage for which the owner should recover." (Emphasis supplied). La Page 4 of14 Page 3 Pm•Jrt, however, may be distinguished from the in- stant case. In Ltt f>ol'te, the defendant's behavior was mulicious-tlw defendant tlwew a gat·bagc can at the p laintlfrs pet; in the lnstnnt case we arc dealing with nn nllcgation of Bimplc neg!igcmt behavior by a veterintwian who was trying to provide treatment. See Nfc:hoiJ• v. Sukaro K(mnels, 555 N. W.2d 689, 691 (lowa 1996) (distioguishing La Porte on the basis that their case involved negligence rnther than maUciLms behavior). We acknowledge there is a split of authority on whether damages tbr emotional distress may be col- lected for the negligent provision of' veterinary ser- vices. See Jay M. Zitter, Annotation, Recovery of Damages for Emorional Disll'e-ss Due to Truatmem 1.ij Pets, 2001 WL 1042542, 91 A.L.R. 5111 545, §§ 3 and 4. We find ourselves in agreement, however, with the New York cou1ts which recognize that while pet owners may consider pets as part of lhe fmnlly, ullowlng rccovlny for these types of cases would place an unnecessary llurden on 1I:e eve1' bur- geoning ca!:leload IJ f courts in resolving serious toM claims for individnals. Jnhn.wn v. Douglas, 187 Mlsc.2d 509, 723 N.Y.S.2d 627 (N.Y.Sup:Ct.), a.fj'd, 289 A.D.2d 202, 734 N.Y.S.2d 847 (2001). We decline to earve out an exception to tho impact mle fo1· cusos involving vete!'inary mnlpractice. Petition denied. ALLEN and DAVIS, JJ., CONCUR. Fla.App. 1 Dist.,2004. Ke1medy v. By as 867 So.2d ~ ~95, 29 Fla. L. Weekly D564 END OF DOCUMENT © 2013 Thomson Reuter'S. No Claim to Orig. OS Gov. Works. http:/ /web2. westlaw.com/printlptintstt·eam.aspx?utid=3&prft::::HTMLE&vr=2. O&de::;tinatio.,. 10/4/2013 466 RESOLUTION NO.-------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA URGING THE FLORIDA LEGISLATURE TO CONSIDER AND ENACT LEGISLATION THAT WOULD RECOGNIZE LEGAL RIGHTS FOR PETS BEYOND THEIR CURRENT COMMON LAW STATUS AS PERSONAL PROPERTY AND TO PROVIDE FOR THE RECOVERY OF NON-ECONOMIC DAMAGES FOR HARM TO PETS TO COMPENSATE PET OWNERS FOR THEIR EMOTIONAL AND PSYCHOLOGICAL PAIN AND SUFFERING RESULTING FROM SUCH HARM. WHEREAS, under the common law, domesticated animals and pets have been considered property and, generally, the legal system's focus for reimbursement for harm to pets has been limited to economic damages and not for the pain and suffering associated with such harm; and WHEREAS, as modern society has evolved, domesticated animals and pets have increasingly enjoyed a strong relationship with their owners and are often deemed members of the family; and WHEREAS, the bond between humans and their pets contributes significantly to the well- being of individuals whose pets are trusted and loved companions, protectors, and household members; and WHEREAS, according to a 2011-2012 survey conducted by the American Pet Products Association, 62% of households in the United States have a pet; and WHEREAS, pets not only have a vital and important place in our homes, but they also contribute significantly to society when utilized by police as rescue animals and for crime solving, assist in national defense efforts, are therapy animals for the elderly and infirm, and are service animals for disabled persons; and WHEREAS, over the past decade, the importance of animals in our lives has been recognized by the American Bar Association, The Florida Bar, and many local and state bar associations that have developed Animal Law Sections to address and consider the rights of animals and pets in our society; and WHEREAS, the Mayor and the City Commission of the Miami Beach recognize the importance of domesticated animals and pets in our society and that laws should be enacted to recognize their legal rights beyond their mere economic replacement value. 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 of the City of Miami Beach hereby urge the Florida Legislature to recognize the important contributions that domesticated animals and pets make to our society by considering and enacting legislation to recognize legal rights for pets beyond their current status as personal property and to provide for the recovery of non-economic damages for harm to pets to compensate pet owners for their emotional and psychological pain and suffering resulting from such harm. PASSED and ADOPTED this ___ day of ________ , 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK F:IA'ITO\TURNIRESOS\pcts-domesticatcd animals.docx 467 MATTI HERRERA BOWER, MAYOR ~Pr'f)!lVE[l as TO l COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and Commission of the City of Miami Beach, Florida, Approving and Authorizing the Mayor and City Clerk to Execute an Amendment to the Professional Services Agreement with Industrial/Organization Solutions, Inc., approved by the City Commission on July 18, 2012, Said Amendment to Provide Additional Testing Services During the First Contract Year for promotional testing in the classified ranks within the Ocean Rescue Division of the Fire Department; and Requesting Additional Funding, in an Amount not to Exceed $38,000. Item Summary/Recommendation: On May 25, 2011, the City issued RFP #34-1 0/11, for testing services programs to determine qualified applicants for police and fire entry level positions and classified promotional classifications, and to provide consultation services for sworn and non-sworn positions in order to develop job analyses, entry level and promotional tests, scoring, and minimum requirements for jobs background test requirements. At its regular meeting on July 18, 2012, the Mayor and City Commission adopted Resolution No. 2012-27941, approving and authorizing the City Manager to execute a professional services agreement with Industrial/Organizational Solutions, Inc. (consultant). Pursuant to directions from the City Attorney's Office, the agreement was executed for the services pertaining to the police promotional process and general consultation services for the Human Resources Department, in an amount not to exceed $75,400. The contract was amended on April22, 2013, through Resolution No. 2013-28182 to provide funding for testing services for police and fire entry level positions, in an amount not to exceed $70,000. The City is seeking Commission approval to amend the agreement with the consultant in order to develop, validate, administer, and score promotional examinations for the Ocean Rescue Division of the Fire Department, and is requesting additional funding in an amount not to exceed $38,000. As the Administration continues to evaluate and identify areas for which the consultant's services are appropriate, The City will seek Commission approval for additional funding Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account • 1 $38,000 Professional Services Account #011-0960-000312 2 p Total $38,000 Financial Impact Summary: Clerk's Office Le islative Trackin : Sylvia Crespo-Tabak, Human Resources Director er T:\AGENDA\2013\0ctober 1611-0 Solutions Testing\10 Solutions A ditional Testing SeNices Summary.docx \ MIAMI BEACH 468 AGENDA ITEM DATE C-7FF /O-Ib-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager 1 ·---~ DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPR VING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE N AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH INDUSTRIAUORGANIZATIONAL SOLUTIONS, INC., APPROVED BY THE CITY COMMISSION ON JULY 18, 2012, SAID AMENDMENT TO PROVIDE ADDITIONAL TESTING SERVICES DURING THE FIRST CONTRACT YEAR FOR OCEAN RESCUE; AND REQUESTING ADDITIONAL FUNDING, IN AN AMOUNT NOT TO EXCEED $38,000. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING $38,000 Funding is available from Professional Services Account #011-0960-000312 BACKGROUND On May 25, 2011, the City issued RFP #34-1 0/11, for testing services programs to determine qualified applicants for police and fire entry level positions and classified promotional classifications, and to provide consultation services for sworn and non-sworn positions in order to develop job analysis, entry level and promotional tests, scoring, and minimum requirements for jobs background test requirements. At its regular meeting on July 18, 2012, the Mayor and City Commission adopted Resolution No. 2012-27941, approving and authorizing the City Manager to execute a professional services agreement with Industrial/Organizational Solutions, Inc. (Consultant). 1/0 Solutions is a public safety human resources consulting firm that specializes in personnel selection, development, validation and administration of police, corrections and fire services entrance, physical ability and promotional examinations. In addition to providing third-party recruitment services, the firm is also a national test publishing organization, offering over 30 published entry-level and promotional exams and assessments. The firm employs a team of psychometricians and experts in the industrial and organizational psychology field, and puts a strong emphasis on developing assessment tools to identify the best candidates whether entry-level or promoting existing personnel, through a valid, reliable, fair, and defensible selection process. 469 Commission Memorandum October 16, 2013 110 Solutions Professional Testing SeiVices -Ocean Rescue Page 2of3 1/0 Solutions has worked with over 1 ,000 public safety agencies throughout the United States and Canada, such as the Florida Department of Law Enforcement (FDLE), Jacksonville Sheriff's Police Department, Washington, D.C. Fire and EMS, Washington, D.C. Metropolitan Police Department, New York State Police Department and the City of Chicago. 1/0 Solutions is one of the few major public safety consulting firms with an unblemished litigation history. In 2009, the U.S. Supreme Court, in Ricci v. DeStefano, ruled that the City of New Haven, CT was required to use the examinations developed by 1/0 Solutions in order to resolve a lawsuit brought against the City by twenty city firefighters alleging that the city discriminated against them with regard to promotions. In addition, in 2007, the entry-level police officer examination 1/0 Solutions developed for the City of Buffalo, NY, satisfied the scrutiny of the U.S. Department of Justice. Further, an independent firm hired by the City of Chicago to evaluate all commercially available entry-level firefighter examinations identified 1/0 Solutions as having the best firefighter selection tool in the nation. The City entered into an agreement with the consultant for an initial term of one ( 1) year, with four (4) additional one (1) year renewal options, exercised at the City Manager's sole option and discretion. Pursuant to the direction from the City Attorney's Office, the agreement was executed for the services pertaining to only testing services pertinent to the police promotional process and general consultation services for the Human Resources department. The contract was amended on April 22, 2013, through Resolution No. 2013 -28182 to provide funding for testing services for police and fire entry level positions, in an amount not to exceed $70,000. The City now has a need to conduct promotional testing in the Ocean Rescue Division of the Fire Department, to fill vacancies in the ranks of Lifeguard II and Lifeguard Lieutenant. To provide the most valid, reliable, fair, and defensible promotional process, the City needs services from the consultant to develop, validate, administer, and score a written promotional examination and review, and to develop and validate live interview questions for the promotional process. The City is seeking to amend the agreement with the consultant, to develop, validate, administer, and score a promotional examination and review, and to develop and validate live interview questions for the promotional process for the Ocean Rescue Division of the Fire Department, and is requesting additional funding in an amount not to exceed $38,000. A copy of the proposal from 1/0 Solutions is attached. As the Administration continues to evaluate and identify areas for which the consultant's services are appropriate, the City will seek Commission approval for additional funding. CONCLUSION The Administration recommends that the Mayor and City Commission approve the attached resolution, approving and authorizing Industrial/Organizational Solutions, Inc., to provide 470 Commission Memorandum October 16, 2013 /10 Solutions Professional Testing Services-Ocean Rescue Page 3 of3 additional testing services for Ocean Rescue classified promotional classifications, and requesting additional funding, in an amount not to exceed $38,000. A copy of the proposal from 1/0 Solutions is attached. Attactrnt JLM/~8/SC-T T:IAGENDA\2013\0ctober 16\1-0 Solutions Testing\10 Solutions Additional Testing Services Memo.docx 471 472 Statement The purpose of this document is to describe the components of the project that will be performed and to document the associated costs. Project Title: Miami Beach Ocean Rescue Lifeguard II and Lieutenant Promotional Assessment Approximate Commencement: October 20 13 The following table presents the project components and the associated cost of those components. Project Step Cost Job analysis study and technical reporting for Lifeguard II and Lieutenant Ranks, to include review of previous JA information, job analysis interviews/observations, the creation of a job analysis questionnaire and the $8,500 analysis of the data from the questionnaire (city to assist in coordinating interviews and distribution of questionnaires) Job knowledge exam (promotional) development, validation and reporting $10,800 for Lifeguard II and Lieutenant Ranks Live candidate orientation for job knowledge exam for Lifeguard II and $1,500 Lieutenant Ranks-Assume one day of orientation Administration of job knowledge exam and oversight (per person, per day fee structure) for Lifeguard II and Lieutenant Ranks-Assume one day of $1,500 test administration Oral interview development, validation and technical reporting for Lifeguard II and Lieutenant Ranks--Includes development, work with SMEs (as $9,125 needed), collection of validation data Oral Interview Rater Training $1,500 Consultant Travel-Billed as accrued, though estimated at four trips fjob analysis with 2 consultants, orientation, test administration and rater Billed at cost training) Total Cost $32,925 .. *110 assumes that the c1ty w1ll be responsible for securmg assessors, prov1dmg all accommodations for assessors, securing facilities Qob analysis meeting rooms, test administration facility, oral interview site), and managing the administration of the oral interviews. 110 can provide a revised SOW or a change order if the city desires for 1/0 to Copyright © 20 13, lndustriai/Orranjzational S<Jiutions, Inc. CONFIDENTIAL-TRADE SECRET 473 2 manage the oral interview. This cost would be $1500 per day for our lead consultant and $1 000 per day for any additional consulting assistance, if needed. The above table identifies all facets of the project for which 1/0 Solutions is being engaged. Should any of the project components need to be modified or additional components/facets added, the proposed hourly rates ($175/hr. for consultants; $65/hr. for item writers; $25/hour for administrative) will be applied and appropriate price adjustments will be made Copyright© 1013, lndustrioi/Orgonizarionol Solutions, Inc. CONFIDENTJAL-TRADE SECRET 474 3 475 RESOLUTION TO BE SUBMITTED 476 THIS PAGE INTENTIONALLY LEFT BLANK 477 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Directing the City Administration To Pursue The Relocation Of The Pedestrian Signal At Garden Avenue And The Extension Of The School Zone On 41st Street With The Florida Department Of Transportation To Improve The Safety Of Nautilus Middle School Students And Pedestrians Crossing 41st Street. Key Intended Outcome Supported: Enhance mobility throughout the city. Supporting Data (Surveys, Environmental Scan, etc.): On a recent survey, 31% of the residents and 43% of businesses rated the traffic flow as excellent or good. Item Summary/Recommendation: Pursuant to motions passed by the Committee for Quality Education (QEC) in 2012 regarding concerns with the safety of students from Nautilus Middle School crossing 41st Street, City staff requested that the Florida Department of Transportation (FOOT) conduct a traffic signal warrant analysis study to evaluate a new pedestrian signal and crosswalk at Jefferson Avenue as well as the relocation of the existing signal at Garden Avenue to Jefferson Avenue. Both scenarios were found to be unwarranted due to geometric constraints at 41st Street and Jefferson Avenue. Of particular concern to FOOT is the proximity of the existing signal at Meridian Avenue to Jefferson Avenue and the existing horizontal curve at Meridian Avenue which limits visibility for motorists traveling westbound and affects stopping-sight distance and, thus, reaction time for motorists to stop for pedestrians in the crosswalk. In addition, the data collected by FOOT concluded that the existing volume of pedestrians and crashes occurring at Jefferson Avenue and 41st Street over a three-year period did not meet minimum thresholds established by the Manual on Uniform Traffic Control Devices (MUTCD). The FOOT study encouraged the use of crossing guards or Police to assist students crossing at Jefferson Avenue. The study further recommended that an educational campaign be deployed to instruct children on safe crossing techniques and to encourage students to cross at the signalized intersection at Garden Avenue. In an effort to address the Committee's outstanding concerns, in 2013, FOOT conducted a comprehensive corridor safety study to evaluate the safety of pedestrians and motorists along the 41st Street corridor from Alton Road to west of Pine Tree Drive. The study evaluated each intersection along the corridor and the intersection of 41 51 Street and Jefferson Avenue in particular and evaluated all types of crashes along the corridor from 2008 -2010. The FOOT study recommended installation of a raised median with a pedestrian scale fence and landscaping along 41st Street. The City's and County's Public Works Department have reviewed the study and share a mutual concern regarding the limited effectiveness of a raised median in front of Nautilus Middle School. While the raised median with a pedestrian scale fence may deter some students from jaywalking, others may navigate around the fence and use the narrow concrete separators at the ends of the median to find refuge and jaywalk across 41st Street to reach the Burger King. The FOOT safety study did not evaluate an expansion of the existing North Beach Elementary school zone on 41st Street to include Nautilus Middle School. Currently, City Police resources have been assigned to assist with directing Nautilus Middle School students to cross at Garden Avenue and at Meridian Avenue. In addition, a City-funded school patrol liaison and a Miami-Dade County School Board police officer provide assistance during morning drop-off hours. The use of resources on a sporadic basis is intended to be a short term measure as it presents a burden on available City Police resources. As a long term and more sustainable safety measure, the City has requested that FOOT evaluate the possibility of extending the existing school zone for North Beach Elementary to include Nautilus Middle School and re-evaluate the potential relocation of the pedestrian signal at Garden Avenue to a mid-block location between Jefferson Avenue and Garden Avenue. Initial responses from the FOOT in this regard have not been favorable. Further, City staff is working in partnership with Miami-Dade County School Board to develop a viable and sustainable solution to enhance the safety of Nautilus Middle School students and our youth throughout our community. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION This item was discussed by the members of the Neighborhood/Community Affairs Committee (NCAC) on September 30, 2013, and referred to City Commission in October for prompt action. Financial Information· Source of Amount Funds: 1 OBPI Total City Clerk's Office Legislative Tracking: Jose R. Gonzalez, Ext. 6768 irector Assistant Ci MIAMI BEACH 478 Account Approved C7 6-6-- oATE /0{6 -/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachR.gov COMMISSION EMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO PURSUE THE RELOCATION OF THE PEDESTRIAN SIGNAL AT GARDEN AVENUE AND THE EXTENSION OF THE SCHOOL ZONE ON 41sT STREET WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO IMPROVE THE SAFETY OF NAUTILUS MIDDLE SCHOOL STUDENTS AND PEDESTRIANS CROSSING 41sT STREET. The following item was discussed by the members of the Neighborhood/Community Affairs Committee (NCAC) on September 30, 2013, and referred to City Commission in October for action. BACKGROUND Pursuant to motions passed by the Committee for Quality Education (QEC) in 2012 regarding concerns with the safety of students from Nautilus Middle School crossing 41st Street, City staff requested that the Florida Department of Transportation (FOOT) conduct a traffic signal warrant analysis study to evaluate a new pedestrian signal and crosswalk at Jefferson Avenue as well as the relocation of the existing signal at Garden Avenue to Jefferson Avenue. Both scenarios were found to be unwarranted due to geometric constraints at 41st Street and Jefferson Avenue. Of particular concern to FDOT is the proximity of the existing signal at Meridian Avenue to Jefferson Avenue and the existing horizontal curve at Meridian Avenue which limits visibility for motorists traveling westbound and affects stopping-sight distance and, thus, reaction time for motorists to stop for pedestrians in the crosswalk. In addition, the data collected by FDOT concluded that the existing volume of pedestrians and crashes occurring at Jefferson Avenue and 41st Street over a three-year period did not meet minimum thresholds established by the Manual on Uniform Traffic Control Devices (MUTCD). FOOT District Six Traffic Operations Safety Office shared the traffic analysis with FOOT Central Office in Tallahassee for consideration and Central Office agreed with the District's study findings and recommendations The FOOT study encouraged the use of crossing guards or Police to assist students crossing at Jefferson Avenue. The study further recommended that an educational campaign be deployed to instruct children on safe crossing techniques and to encourage students to cross at the signalized intersection at Garden Avenue. In an effort to address the Committee's outstanding concerns, in 2013, FDOT conducted a comprehensive corridor safety study to evaluate the safety of pedestrians and motorists along the 41st Street corridor from Alton Road to west of Pine Tree Drive. The study evaluated each 479 Commission Memorandum-FOOT 41st Street Pedestrian Safety Study and Nautilus Middle School Crossing (Barrier with Foliage) October 16, 2013 Page 2 of3 intersection along the corridor and the intersection of 41st Street and Jefferson Avenue in particular. The study evaluated all types of crashes along the corridor from 2008-2010. The study, however, did not evaluate an expansion of the existing North Beach Elementary school zone on 41st Street to include Nautilus Middle School. Currently, City Police resources have been assigned to assist with directing Nautilus Middle School students to cross at Garden Avenue and at Meridian Avenue. In addition, a City-funded school patrol liaison and a Miami-Dade County School Board police officer provide assistance during morning drop-off hours. The use of resources on a sporadic basis is intended to be a short term measure as it presents a burden on available City Police resources. As a long term and more sustainable safety measure, the City has requested that FDOT evaluate the possibility of extending the existing school zone for North Beach Elementary to include Nautilus Middle School and is awaiting a response from the FOOT in this regard. Further, City staff is working in partnership with Miami-Dade County School Board to develop a viable and sustainable solution to enhance the safety of Nautilus Middle School students and our youth throughout our community. ANALYSIS The FOOT pedestrian safety study recommended the following safety improvements to discourage pedestrians from crossing mid-block at unsignalized locations along 41st Street. See Attachment. • Installation of a raised median with a pedestrian-scale fence and landscape features along the corridor • Installation of French barricades along the sidewalk or between the south sidewalk and the curb (in front of the Burger King}. • Providing high density landscape along 41st Street between Garden Avenue and east of Jefferson Avenue between the sidewalk and back of curb to physically restrict mid-block crossings. • Installation of signs directing pedestrians to use crosswalks. • Trimming landscaping on the south side of the roadway for better visibility exiting driveways. • Installation of 'Do Not Enter' signs facing southbound on Jefferson Avenue. • Improvement of street name signs The draft FOOT pedestrian safety study has been reviewed by the Miami Beach Police, Fire, and Public Works Departments as well as Miami-Dade County Public Works and Waste Management Department. Due to the frequent need of emergency vehicles to use 41st Street to access Mount Sinai Hospital, the City's Fire Department does not support a raised median along the entire stretch of 41st Street; however, Fire Department would support a raised median with a pedestrian scale fence and landscaping only at Jefferson Avenue in order to serve as a physical deterrent to student crossing 41st Street illegally at that location. The City's and County's Public Works Departments have a mutual concern regarding the limited effectiveness of the proposed raised median. While the pedestrian-scale fence in the median may deter some students from crossing at mid-block locations, other students who may choose to cross illegally may be exposed to greater risk by attempting to navigate around the fence to find refuge at the unobstructed ends of the median where only a raised concrete traffic separator would exist. 480 Commission Memorandum-FDOT 41 51 Street Pedestrian Safety Study and Nautilus Middle School Crossing (Barrier with Foliage) October 16, 2013 Page 3 of3 NCAC DISCUSSION This item was discussed at the NCAC meeting on September 30, 2013. At the meeting, with Commissioners Tobin, Libbin, and Exposito present, Commissioner Tobin made a motion to have Administration move quickly and return to Commission in October with a solution that would improve the safety of Nautilus Middle School students crossing 41st Street. NEXT STEPS Pursuant to the recommendation of the NCAC, City staff contacted FDOT again and requested that it formally revisit the possibility of 1) extending the school zone along 41st Street to include Nautilus Middle School; and 2) relocating the pedestrian signal at Garden Avenue to a mid-block location between Jefferson Avenue/Burger King and Garden Avenue (rather than at Jefferson Avenue as previously evaluated). This alternate location may help address some of the challenges identified in the previous FDOT traffic study, in particular, the proximity of a signal at Jefferson Avenue to Meridian Avenue and the placement of a crosswalk at the Burger King drive-through exit directly across Jefferson Avenue. The initial informal response received from FOOT on the City's above two requests were not favorable; however, the Administration is working with FOOT to obtain a formal response on the potential relocation of the pedestrian signal at Garden Avenue to a mid-block location between Jefferson Avenue and Garden Avenue and the extension of the school zone on 41st Street to include Nautilus Middle School. CONCLUSION It is important to note that one of the most significant factors in jaywalking is pedestrian behavior. Since the City and County Public Works Departments believe that FOOT's recommendation of a raised median and pedestrian scale fence in front of Nautilus Middle School would have limited effectiveness in deterring jaywalking, the City has requested that FOOT revisit the pedestrian signal relocation and school zone extension as potential safety measures and provide a formal response. If these safety measures are rejected by FOOT, all plausible engineering solutions will have been exhausted, and, at that point, the City should consider active enforcement as a means to ensure the safety of Nautilus Middle School students crossing 41st Street. rt achment: Proposed Conditions Diagram-Arthur Godfrey Road from Alton Road to Meridian Avenue B/~~ T:\AGENDA\2013\0ctober 16\FDOT 41st Street Pedestrian Safety Study and Nautilus Middle School Crossing (Barrier with Foliage).doc 481 • • •• --~"[IF=?J~ I "~ L WIBACKPLATES W/BACKPLATES 1 ,.;;~~ 1 0C <( --. +-' . . . . .. \ • \ ~ ·~-~r. ... --,_ • \';! • -1( -. ,.:; " I ~ \ ~~~~ -~~·"· ~\~, . •· • c \ .. ~ • :!•-'t... ---... ~ ---ot,__:_ .. -· y~· Q) •. :.. --!-.• '-.-E ..r: I ~A"2t';'-"-~: L : I\&6!!!!!A {.) m +-' +-' <( ~ ~~~,,~,---"" .\ ~-' .. ~It _, ,, -=-~""<'""-/ .L.. I!II!BDriiEII • .. ... ~~l f .. ,.. "{ ;~.~·-· . . .., ··' , ... -~-. ... 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PROVIDE REFLEC!VE T1V'E AR.C•UND SACkP.ATE:s ri\Cit-1·:> m N co -.:::t RESOLUTION TO BE SUBMITTED 483 COMMISSION ITEM SUMMARY Condensed Title: Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The Neighborhood/Community Affairs Committee Directing Staff To Work With The Greenspace-Tree Advocacy Group To Develop Interim Landscaping Options For The Dade Boulevard Shared-Use Path Project Key Intended Outcome Supported: Enhance mobility throughout the city. Supporting Data (Surveys, Environmental Scan, etc.): On a recent survey, 31% of the residents and 43% of businesses rated the traffic flow as excellent or good. Item Summary/Recommendation: The Dade Boulevard/Collins Canal Seawall and Dade Boulevard Shared-Use Path construction projects have been substantially completed. The project included the construction of a new seawall along the north bank of the Collins Canal and the addition of a shared-use path adjacent to the canal between 1 th Street and Convention Center Drive. As a means to mitigate the impact to the landscaping, and based on input received from the Greenspace-Tree Advocacy Group (GTAG), the City conducted a traffic study to evaluate the potential elimination of the left turn bay from eastbound Dade Boulevard into the Publix Supermarket driveway. This traffic study concluded that the elimination of the left turn bay would have negligible effect on the surrounding intersections; however, it would create an accessibility limitation, affecting Publix patrons and the safety of the Dade Boulevard corridor by potentially increasing illegal U-turns. Following the completion of the traffic impact study for the elimination of the left turn bay into Publix Supermarket, and as a means to mitigate the accessibility impacts, the City developed a preliminary concept for a roundabout at the intersection of Dade Boulevard and Michigan Avenue. Atkins North America Inc. was retained to complete a feasibility study for the roundabout at Michigan Avenue and Dade Boulevard. The study was completed in April 2013 and determined that the roundabout would be geometrically feasible and would improve the operational Level of Service (LOS) at the intersection. The roundabout would allow all movements at the intersection, thus improving access to Publix Supermarket The Preliminary Traffic Report prepared by South Beach ACEfTishman/UIA/OMA for the Miami Beach Convention Center (MBCC) Redevelopment Project identified Dade Boulevard as the primary access route into the MBCC from the north. The traffic report also determined that Dade Boulevard is the only access roadway within the immediate vicinity with surplus capacity; therefore the roundabout concept needs to be part of the MBCC Transportation Plan. A long term solution needs to be part of the Miami Beach Convention Center (MBCC) Redevelopment Project, given that the intersection of Michigan Avenue and Dade Boulevard will serve as a primary access to the MBCC for patrons coming from the North. Pursuant to the NCAC directive, the Administration recommends meeting with GTAG to evaluate landscaping solutions that can be implemented in the more immediate term. Advisory Board Recommendation: At the NCAC meeting on September 30, 2013, the NCAC requested that the City contact GTAG for its assistance in providing landscaping options along the Dade Boulevard Shared-Use Path. Financial Information· Source of Amount Funds: 1 OBPI Total islative Trackin Assistant Ci MIAMI BEACH 484 Account AGENDA ITEM DATE Approved C?IIH toifr/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera-Bower and M FROM: Jimmy L. Morales, City Manager~...---..... DATE: October 16, 2013 SUBJECT: RESOLUTION OF THE MAYOR NO CITY COMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING T E RECOMMENDATION OF THE NEIGHBORHOOD/ COMMUNITY AFFAIRS COMMITTEE TO DIRECTING STAFF TO WORK WITH THE GREENSPACE-TREE ADVOCACY GROUP TO DEVELOP INTERIM LANDSCAPING OPTIONS FOR THE DADE BOULEVARD SHARED-USE PATH PROJECT This item was discussed at the Neighborhood/Community Affairs Committee {NCAC) meeting on September 30, 2013 and referred to the City Commission meeting in October. The item was referred back to NCAC in October. BACKGROUND The Dade Boulevard/Collins Canal Seawall and Dade Boulevard Shared-Use Path construction projects have been substantially completed. The project included the construction of a new seawall along the north bank of the Collins Canal and the addition of a shared-use path adjacent to the canal between 17th Street and Convention Center Drive. As part of the construction, most of the landscape adjacent to the canal was removed to ensure that pedestrians and bicycles could use the shared-use path in accordance with the design standards. The vegetation along a section of approximately 650 feet between Alton Road and Meridian Avenue was the most impacted due to right-of-way constraints. As a means to mitigate the impact to the landscaping, and based on input received from the Greenspace-TreeAdvocacy Group (GTAG), the City conducted a traffic study to evaluate the potential elimination of the left turn bay from eastbound Dade Boulevard into the Publix Supermarket driveway. The elimination of the left turn bay into the Publix driveway would allow a portion of Dade Boulevard to be shifted north in order to accommodate landscaping in the constrained section adjacent to Collins Canal; however, approval from Publix is required for such elimination. The traffic study was completed by Atkins in October 2012 and concluded that the potential elimination of left turn movements at the driveway would have minimal effect on the traffic operations at the intersections within the study area; however the accessibility limitations would affect some Publix patrons. In addition, the elimination of the left turn movements in and out of the Publix driveway may affect the safety of the Dade Boulevard corridor by potentially increasing illegal U-turns. Given that Dade Boulevard is under the jurisdiction of Miami-Dade County and pursuant to a meeting between GT AG members, Miami Beach Public Works staff, and Miami-Dade County Public Works and Waste Management Department (MDCPWWMD) staff, MDCPWWMD requested that Publix Supermarket approve the elimination of the left turn bay as a condition for county approval. 485 Discussion Regarding the Dade Boulevard Shared-Use Path Project October 16, 2013 City Commission Meeting Page 2 of2 Following the completion of the traffic impact study for the elimination of the left turn bay into Publix Supermarket, as a means to mitigate the accessibility impacts, the City developed a preliminary concept for a roundabout at the intersection of Dade Boulevard and Michigan Avenue. A roundabout at the intersection of Michigan Avenue and Dade Boulevard may improve the safety and operation of the intersection, allowing for all turning movements and improving accessibility into Publix Supermarket, particularly if the left turn bay into the Publix driveway is eliminated. Atkins North America Inc. was retained to complete a feasibility study for the roundabout at Michigan Avenue and Dade Boulevard. The study was completed in April 2013 and determined that the roundabout would be geometrically feasible and would improve the operational Level of Service (LOS) at the intersection. The Preliminary Traffic Report prepared by South Beach ACE/Tishman/UIA/OMA for the Miami Beach Convention Center (MBCC) Redevelopment Project identified Dade Boulevard as the primary access route into the MBCC from the north. The traffic report also determined that Dade Boulevard is the only access roadway within the immediate vicinity with surplus capacity. Given the heavy volume of vehicles anticipated to travel through the intersection of Dade Boulevard and Michigan Avenue as a result of major events at the MBCC, the roundabout concept at this intersection would require a more detailed engineering analysis and design to determine its impact on the MBCC Transportation Plan. NCAC DISCUSION This item was discussed at the NCAC meeting on September 30, 2013. At the meeting, the NCAC directed the Administration to meet with the GTAG group and develop a short-term action plan to bring to City Commission meeting in October. The NCAC also directed Administration to bring the item back to NCAC in October .. CONCLUSION Pursuant to the recommendation of the NCAC, the City will work with GTAG to develop options that would provide short-term landscaping along the constrained portion of the Dade Boulevard Shared- Use Bike Path. A long term solution needs to be part of the Miami Beach Convention Center (MBCC) Redevelopment Project, given that the intersection of Michigan Avenue and Dade Boulevard will serve as a primary access to the MBCC for patrons coming from the North. ~BI~IJRG/JFD T:\AGENDA\2013\0ctober 16\Discussion regarding the boulevard shared use path project.doc 486 RESOLUTION TO BE SUBMITTED 487 C7 -Resolutions C?ll A Resolution Approving Funding In An Amount Of Up To $50,000, Authorizing The City Manager Or His Designee To Reimburse The Miami Beach Visitor And Convention Authority {MBVCA) (In An Amount Not To Exceed $50,000.00) With Regard To The MBVCA's Completion Of The Build-Out Of The Office Space Located At 1701 Meridian Avenue, Unit 403 To Include The Heating, Ventilation, And Air Conditioning (HVAC) System Design, Engineering, Permitting And Installation. (Tourism, Culture & Economic Development) (Memorandum to be Submitted in Supplemental} 488 Agenda Item C 7 I I Date 10-lb"l 2 THIS PAGE INTENTIONALLY LEFT BLANK 489 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 filed, and such other information as the City deems pertinent, and providing for enforcement procedures. Key Intended Outcome Supported: Promote and celebrate our City's Diversity. Supporting Data (Surveys, Environmental Scan, Etc.): N/A Item Summary/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 com plaints 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. On September 11, 2013, the Miami Beach City Commission unanimously (6-0; Absent Commissioner Weithorn) approved the proposed Ordinance, as amended, on first reading; and set a second reading/public hearing for October 16, 2013. At the suggestion of Commissioner Libbin, the proposed Ordinance was amended to include a provision that after a warning is received during the one-year amnesty/educational period, subsequent violations during the amnesty/educational period will be issued a fine as set forth in Section 62-92(f). The Administration recommends, on behalf of the MBHRC, that this Ordinance be approved on second readinQ. Advisory 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 Amount Account Approved Funds: 1 OBPI Total 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. Assistant City Manager REG JLM OTICE ORDINANCE\NOTICE ORDINANCE SUMMARY.doc MIAMI BEACH 491 AGENDA IT EM __:;.R....:...=.S..;_A;..___ DATE IO ... Lbp/3 MIAMI BEACH OFFICE OF THE CllY MANAGER COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 Second Reading SUBJECT: AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMEND NG 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 second reading. 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 are subject to the Human Rights Ordinance, in order to provide Miami Beach residents and 1 492 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. On September 11, 2013, the Miami Beach City Commission unanimously approved the proposed Ordinance, as amended, on first reading\ and set a second reading/public hearing for October 16, 2013. At the suggestion of Commissioner Libbin, the proposed Ordinance was amended to include a provision that after a warning is received during the one-year amnesty/educational period, subsequent violations during the amnesty/educational period will be issued a fine as set forth in Section 62-92(f). 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. 1Ballot vote: 6-0; Absent: Commissioner Weithorn. 2 493 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." 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 second reading. JM/reg @. T:\AGENDA\2013\0ctober 16\NOTICE ORDINANCE\NOTICE ORDINANCE MEMO FINAL.docx 3 494 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, AND 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 495 / ------------------------ 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, 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; 496 WHEREAS, Mayor Matti Herrera Bower and Commissioner Michael Gongora referred 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 any representative of the above who interacts with prospective buyers. renters, or lessees of housing or housing 497 accommodations, or any 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 one 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. Subsequent violations shall be punished, if not remedied within five calendar days, by fine as described in Sec. 62-92(f) {f) One ( 1) vear 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 498 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 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- FORM & LANGUAGE & FOR EXECUTION F:\A TTO\ROSR\RFR CMB\MBHRC\NOTICE ORDINANCE (RFR)(10-4-13)(1 )(FINAL).doc 499 EXHIBIT A Report Discrimination or Retaliation by calling 305.673.7 425 U'l 0 ~ }(' MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBliC HEARINGS NE THURSDAY. OCTOBER 3, 2013 I 19NE NOTICE IS IIEREBY g~en that pubUchoarlngswltl be net a bytne Mayor ana C1ty GommissionofthoCrty of M~ml Beacn. Flori~a. '"thO Comm•skln Cl1ilmbers, 3rd Floor, City Hall, 1700 Convenbm Center Drive, Miami Beach, Fklriaa,on Wednoscloy,Octcrtrer 1B, 2013 to co11sll:ler the followin~: 10:1Da.m.. A A.rscMi.JOOfiAccepUI)Q Th!! flecommM\dal!oo Of Th!l atya Fllnanct.And Cl't)wldt ~«ts COIT'imiSsirlrl commttt11-t rfCWP&"J: ApprnvlngMd~Z'Ing "fl1.e Mayor Md Qly Clol!lt T" E.:KLhAN~ lease A,;,reeml!!nl8elwetn Tht Clflj Andltlpfll 22, LLC ~·fllliWTI.)And The City, Fu A Term Dt 9Ye:nAr.d 3~ Days..lnvoMngTht Use Cf 2,216 S.,are fe-et Of City-Own !HI Va:anl PrUfJII.-!y,loca1ed N_ 22 Wastlr.gtoo.AYtnue,~acent To Existing Reslalxanl Space loc!lt!!d At B J.6 Commerce Streel, ~111m1 aeactl, florida 331351 (Spa::1}, To Be l.JGed As Duttmr c.m!, Coocl.f'lllntWIUI TM le.MWUH 01' Thct Adjoining RtJSiw.ird; And furll;er WaN~hg. ~A Sflth Vot., Thill C:OMpebttv~ Blddlr;g RCiqvlremrnC. Rndlo~ SW1 Wilwr To £k! In Th• Bl'alln~erasl: Qf Tha Ptmllr:: 1D:30a.m. Ar. Orllnaru Ml~ndngn~e Code ~The Gi.ty Of Mlami.FIMC:h By A.meM1ng ~r 62, Entitled ".Human RlllatH:Jns.-B~ Amfndlng Ntldt1 U, Elfitleod "CUN'ImilnAt!on," 9¥ Amll!n~ (h'd~ 3, EntiUod "A.ci?J(IitJOM," ~ MI'IIM Soe. 62·92To ReQ!i~ The F'olbng Of~ In E'I'IIY Plaa Of fm.pjlriDllllnt, Publlc.looxni!Oddon, rtouslnokcomrnodiiDon.kld Cl1'f' fadlltylhalfalls Sub)lctlo Thetun!Ml ~ CJordinara tndic!iorg T~ ~phcableSubstantlwl Pr;;Mskn otn. Human Aigtft! Ordlnanee, The PIICIIIWhere Complairts MarS. F~ed..~ Such Ottw lnl'll'matlon M lhe my Of Miami Buch Oeemi; Pt:fbnt.PI~~~IIG fat ~nfDI't:emft ~eaAndPri;WidogFOIS.MIIlllllt'f.~MdME.M'edlveDale. 11:10a.m. Palm VlliW Holllii.JMs Al1 OrdiiWlCtAmlllndlng ll'lr. Land DeYtl~rnem ~gl.J .. tOO$ Ofltte CitY .code, Br Aln111Jdnu ~h.'!r 1.&12, "]onlr;g OtslrietsArid futgutalloos, ~ Arade II, "IJ:Idrlct Reoulatillflll;,• Oivl51oo 3, "RessderltlaJ Mu111.am ... asb1cb," SOOdMslon Ill. "RM-2 ReWdclntial Multitamlly, MBdi.Jm lnienslty,-T~ lim~ Hotel$ As Ho~~tllnatllr P'rlMded In The PllmView Corrh:bToTho!le ExEfingkl f}f Maw <'il, 201J;Oaflr.lngThe Palm VIew CCfrleklrAt.AII Proper11eaAbuttlngTheWestSJde or rkrtdianAV!t!U~ ~o!!~ J71nStreUkld C"ml'l$ tan.al; Diflniii!ITI'KI fllg,b-otExiSI:Ing fl~e-k.lqal CoFton'n1ngllna, Tol:xclt* Outdoor Ent.-tal1ment-E91abllstlmentskld 0\.tdoor Entertanmel'llfrom fl:ernuttedHotl-lko;ewxyi..Jsw, TcAddHotelaAsAPralllblhld I.JseWMhinll'le Bcutdal1es Of TtlePal'mYiew ComdarOIThl F!.M-2 DtsblL1~~.St.II•Pn.£m~lim OfSholtTerm Re!UI AI~; Provialng ~L.MsFo..-~nonAnciRML.nptltln 01 ~o~~llha. 11:20 a.m. w~lltA¥.-.tJfl Hl'tfll ~:a. An [)rdlloancl!l Amendng Th!l Land Dtlvelopm~~ ftA-guJaljom Ot The~ OIXI1, BY Alflll'rlding {.llaptw 1•2. "Zoning lll$lnets Md RegllR'tll:n: Arth::le II, "OISbi-t:t R.egul<dil:ms." Di¥1Wun J, "Residenb.al MLMUfamllr ~lstriru," SIJbdr111Uon IIJ. "RM-2 Rwldenlilll MUIUfam~. Medium 1nte1191ty'; A.M 0,. Amending Sllbdll~sloo ~ ~"AM-3 l'l.esid~ntlaJ Multlfamlly, Hlgh.lnteoolly. • To Umlt Hotels AB H-11relnatrer PrCll.'lded ln. The WestAvenue-Con'ldor To Those Exlt.11ng ~ 01 May 211, 2013; llftl'lmng-l'he Wt':!ltAventJ" GDI11dor At That Area Bor~•r•d 6y Co-llin.'! canal To TM Ntlrth, Mbn (J.(J&C! To The E•t. Dl~wn• 6<1y To The W'll~~;lh1d 6th Street To The Sooth; Oeflrtng The Rl~hb 01' ExlsUng -Hotels/e Legal Collormlrt;~ \.15fi: Til Exr.:tudo~~ Dutcb::t Entectilnmnnl Eslabllshm~ntsAnd (]utdoof Entertainment from Plrmitt-~td ltllel k:CIISOOI)' ~;T-o Add Hottl! 118/t. Proi'Wbiled USIWilhln The Boundwles OfTheW&m Awi!Ciu~ Cnrr!OO' Ol'TtMI RM-2And 8M-3 llt$lr1c1s;Acknowledgir1U s .. Pre-Emplklfl 0( SIJ:JIIT~(m QtntAIIle:gt.JIQtlons;ProVlodll'l!l A<JnforCeaatiCKIMdRnullpi.U] OI'Hotiii.Js.es. 11:30 a.m. RM·3Aa:euayUiii!SiQ~ta~J'! An Ordinance Amending-The-Land Oevi'IC,Rient Regulalbl:il 01 The= Cod~ 01 The aty [)f M1aml Sea! h. By Ament:hng Cw.l;ller lJB, Entl~!d "SI!Jlli: 8y ~Wending Ati:Jc1~ ~ Eriitl!d "-In Cen!ral," l3y Amendin.g StcN-1 T38--IS To Madify Ttle AcCI!S9}pt lhl Slgr. ReiJIIrement!l fllr [k-eanfrnn• Bull1:11ngs; By A.mendtng Artld& V, Erlli~ed •s.gn R~tgulalioos ~District," f3y o\mendln!J ~ 1'38·171 lo MOOifYThti ~~qulr~~•..-ll:i For HctelshldApMmflnt Buildings Wiltl11"1 The ~M-3 Dlstr11:1 i\rld U,.Ammllll'll S,;;l.iD!l 138-172Ta Moci!yThe ~!!ql.lltements fu-lio1el! ll.nd ~enl Bu~dlr~Ql~WIIhin Tl•• RM-3 tliWict 11:40a.m. An Ordl'\aoce Amending Chapter Hl~ Dl The Miami Beach C:i~ Code. EntJ&rl .. Su~qlnablliry.~ B~ AmenodlnqArtM:-Ie II: EntiJlled "Eflerc.rt EC011on1i: 06'\'Eiopmert 71'1"11! Plllll: f'trr.~.'lm·T~ Include Mia.mi-OCid.f' trltr1tr''s Green Bwino!!SS Cf"•ti'irnMnk. An AddltfoMI E1glllillt'J Cllttrta lo Pal1lclpate In Th.e E.ner9'( EcooonJIC Oevelop'Tlenf looe No1 Pinoram. RWldmg fOr Severabll1t-., Cothltc-ahon, H.epealw, AndJIR EH!!C~voll Date 11:50a.m. An Ordinance Amending Tho Codo Of Jhe City Df MianN ~-each, 8:~ Nn~ndir.~ Ch&p1er 54,£ntitled "Ac.ods.," Oy .l.mendmg .l.rtde 11, EntileU "Floodplain Management,• B~ Ame.nd!ng Dlvl:slon 1, Enbtied ~tnff'IIJ", .. 8y Am•oc£1ng Se<:tiot~54·35, Entitled ~o.mrntkm•'Eiy Afl'l@n1'ilri!J AA4 ~l!!'lirtQ C!!l'taln {)enrlt~oo~ Therem; 8y.Amunding Oivu;i~ 2, Entftjed "-General Pro'dsfOitl.," 81 Amendn9 StciiiJfl 54-38, EnliU~d "D-~•f11naWn (M Floodplain Admllistratot"To Designate The 8-L.Hld1ng om,681.1n51•ad0rTIJI' Bulldrtp Dltector, As The Flaodplaln Adrnlnlstr&tor; lly Amending OM sian 3, Entitled "!ulminlrrtratioo,· ByA.mendln.g S~ctiM 54-4S, Endned ~f'frmltf'roceekJ'~~ And S«:lic11 6o4-41i, Entitled •oufio~~s .Md A;nponsibllllles 01' lhe Uulldllg 01r~oclof Or De5J"'tee· To Chqe AI B:llllding Dlrecl:or A.eferen:e~ Therein T-o The Flood~IJIIn Admlnlslroltor. Amemillg Dil'isiw .ol. Enllll~d "Prll\'lslons HI Flood Hazard Redu.:t!Cfl"". 6y Ame.nding Stn:tion M-~7. !Entitled "f:eMra.l stonctards," Se.etion 54·46, (nlltled "SpeCifiC ~s,"" A"'d S!dioo 54-49, E.ntiHad "Sp111Cl'lle Stand!!tm ~r"-ZM!-s~ ~! flc.od El•~afior'Js Md Fleg!J.I.lll~ry FIOCJdwa.y~·Tn Modli"J Q!,rtafn fll)"ll'' FIUAr~ Al!ttucll(l(l Pr0¥1:Sioo&: By Del~otlnglllll Pr.m-:~luns l11 SM:II~ 54-50, E(ltltl!!d ·sblr'ldar'd5-For A·O Zm•s"; BwAm11nding OMsion :5. En4ill~d "Variance Proc:Nves."To Char.Q.eAIIBuildmg tllreduf Refert=~es Tt-.ru1n TY n1~ Flolldpl~nAJ:jrninillb'ainr: PrDY~Oing i'b'l·Su0018lltwe, Oe-nc.at K~WISIOCii lhrwu/'Dui lvlic:llllll Of Cinpter 54 12:00p.m. OrdiMnCe .AmeMing Miami B61ch Cl'ty Code Chlplet 82, En~M -Pullil': Prlfli'rtr: By Amending Altk:le 'IV lttereot Ermtle-d "Uie&ln i'ubllc Rl"h1-01-Wlty; By Amenlilrog section 82·383, El'd:iUetl "Per mil he, Ptila!bts Fe( l.a'• Paym1nls: Fl-ev!M or Fee,~ By Ame-ndl~ SibHct!M W Theri!'OI TDAbf;tto 'S~dii<WIIIlk Cldlio h1111 ft:t Bu:-llr.E-8!111S North 0163rd Str-eet Thrfl'41AI1d lncildlng September 30, 2015And 1\aqLiriiJ!IA Blldgflt.Malylls Ma Rev~ By Tile City Mnlr.lstratlon ByS1pternbtil 15,2015. 12:10p.m. Fir~AIId'f'olleesa:taryor~ An Orlirllnal Amerd.ng Ordilllf'l(:e ~. 78&, The! Caa~flld Empl,;rwn~ Salary Ckd:lliiR:e Of The City 01 Miami BMch, Aooda,AJ HllkwA.In~11 With n. NeiJ)~atlllll Cdlndlvo 8.-f:.i!Wng lqeemert!, Pra..tdn!J forlhl Classltlc.atbn91n ~II, Repr ... rto~~d ByThB fnltemal Otdlll' Of Poilu (FOP) Willam Nlehal!lodoge No.I.,And fll" fui C\assl~ons In GrQ Ul, Represented 8y' The ka~ Alaociatioo 01 Fire Fighlcn, WF),locai 1!i.10; fftec:ht The fi151: f'ay Period. [ndrJ'IQ In Octci;ler or 201<(, Thtr1 Shiill B11 An kras Thl' Board Co&t-OI"-ll'mgAI$Jslmflnt(COIJal tit Jhr-ee Plf\:l'lt (3%J,MdThl hlraffUII And Mulmum Df fad! Pay fl.4rlgt W.INiiO Be ~~.J By Ttvtl!l• Pfiurtt (~'M; E~e Apttl 1, 201S, WFIQ Ill~~ Ste~ I') lo ll"lt ~~cn Of 1\".6':11-otfll':~, Ser~ Ot Pol lea, Utt.rterwrt 01 Pollet N'l4 A(eti~ i, ~I(IQ.IJ Oi'dilr&n::n lo Conflict 12:20p.m. lb:lllllllfie-dSalfVYOrdfnancfl M Ot'~e Amendlog OtdOiDJ;:<!I No. 1605, The Ufldualft•d EmpiOOJte:!; ~"'¥ O..:tinao::e~ Pbol~$1"111111 Pay Grattt 1 And Pli.'JI G1~de 2; AtJollshjng The a~ai!Ms Of: Ge~1~ S~r.~!~ Plr~. TraPQI1atk41 Arid ~r;ncy MitiU~gM, N~igtmlnod Sel'\llcu Dir.ecror, CommurltwiEc~mlc O!v~j~JPmtrll Plre-i;tor, Cu!ttlall Aff.llrl & Toll'bnl Developmll't [)l(edor, Pnnr~merrt OMilon 0r.rfldrli,ln1orrnatl.on le.=tml~y £lwiSIM Oirector, COde compljan:e DMI!Iioo Dii!IC{[M,Asaistall Dirac:tc.r Pmcurement ()jvjskJn,Sei'VICI!' Oeliv!ry WaNger, Office o\!SOdlllll.\rld PubHc lnformatloo Dfllc111; EslablistqThe ClassJtta'!k!M OIT.::ul!m, Cu!Uaii.Atfai~And Ec:llf'lJilic Oevelopmert Oit«:ta, Oollputy B<.ildlil! Direckr, Pr!;IN"eJilllflt-Diredcr. tlformatioo TlfiCtidl!rJ Dlredllr,AsslstoR Director Hlm111 Rnources, HllwifiPlAnd Ccmlllll"lt,: De'nloptnent Ditetb, lrrlrill;tructa•e 01\lls.m Dlredof.MIIstn Crt1 En<Qineer,Assmanl VirectJJr Prw..em•rt. Bulldi1~ Operati~Do.htana!jlll'r, IIM:sngator S~ervklcl, Comn.nty S~Mcu OMsi<Jn (W(et"b',Acmnlstratm Sema!!s hklagrr,f\tllk-Safely Spl>d. Proj..:;ta CLudftrWr.~ertr ~IMWI(:~Iil'ti(IO!!.~enMeMod, ~ftdor IJIITI'JI: ~ 01 DJmiiU'llca~(OI.leil5log 5,loedil!&t, Pm:~~:Saf~ ~O*m~\~!t. Perl'l:t~ol! At1d St.~~ 0-~ Ma.Mger (CIIyATIOmeJ'J, VlliLJil [;()miDIIllcaioosSpeclltfsl, t.onl;t!tua......r.ommb310n -'ld!, Rlllll'ldiW .Am1y5t, 1\illic sal~ ...,.,.OIIAdmln~atratoc, S!flior CiiSAI&yst, N1d A«tllcll S~'U'7 P.adfrlng The Pay Grado Ctang! for Thi-As!UI:Illt Drec:iQ" Parking, IIH&t:d Dir1ctm Par'rclhld ~atar.rfllrlliCIOr .R.::rea'Don ~; An1 Ef'lect!'HI The Arsr.FuR Pay Pirrtod EndnQ In 0ctob81 2{)1-4, lna·•ashg Thl Mirlmum.ArntTM iAalimtn~ Dl EEd1 Pay Q'ade ByJNet Perart (3%); Mil Gla"JtiflJ M.Aao.31The Ebud Cost Of I.Jving,l,d)mtm.enl: ~Up To-Tln:~ Perceri (311-) For Myllrldusltltd [mpiii'JnWklae 8a.lll' Sal_,. Ck>es ~t E:ll:9~Tbe Mulmum Dr Th~ P~ ROWJge FClfThl-Comparable JOO Title kJ R~m-e~nde-d Bylhe 2009 CcondtiJ Cladc.alionhld Co~1P'nlllltion study "Pay Seal~ 1!", &lbseqU!nty .Amended Dr Sft"e!l r•rc•nt {7%11h~ 20~3. !l-J TIH!I Cuoid;anl; fWpeal1f"'IAII Ordlrt!~r!>e" In Gooll~ct (Due to The Miami Harald11ii deadlin~ if this ilam i& danied11ablad. or withdraw11 during first reading on September 30. 20131 a will appear In this advertiSOOBil) 12:79p.m. OU.rs Sal!ar1 OnBn:E M D'dnMCo!!Am~ndrlg {)rdlnar.::t-NCI. 711-9, lheCiassH'Ied Empbj~Salat'f Or~ ~lne Olf 01' M.aml 6eiCI"',RonOa,.e.s Fo'lowll'a: ~tNidlrg fiJI' The-Class.rftc.:!tions kl. ~"·Not 1\!pt.e:ser-Hd ByACollec:&ie 8argalnrf"'Q lbtW Commc:n'y P..flrredToAa "-o.hers";AmenciirJgAII DIT'tlll PoyGtadf:s8yiM!rflllng-Piq Grade I; Eslablithlnglhe ilassrl'k:abons Ot Fire lnsptl:kw" I hid Sa.-ol Aeerl'atlun Aldlll;hld Effedive Tha Firsi Full Pori Period Ending In Odob« 201~. lnm.a~.ng lhe M1rllmYm .lnd The Miu:ifiiWI Of foc:h F'a1 G-ada, By Three Pen::ent (l%~; Arid GranUng~.kiAI;rOS! The Boafll C-ost Of L/YirJQ AdJusllntnt 01 Up Tu Tlne Peroc~nl (3%) fOJ An/"Dthen." Employe<~~ WhoM Base Salary V.O.s !Nc4 E~c.rd Tie Ma;t;lmum Of lhe F'<i'!' ~ fu Tl111 Coo!p~-ibl~ Jull TlUe /4!1. R~oommll!O~.d 8)'lnt 2009 CiJI\llfey CkWmc.t!(lft Md D:tmpffiNIUO!'I SI\JdV ·~ s-:.1' B" Arid SUb!lequanl:ly Am&ndlld B'JI fMI!fl Pert:tr.t 7% In Au!PJM 2013 B'W Till! GonttJiant; Repealing All Dfdlnanc6S In Comllct, ~Duo to Tho Miami Herald's deadline, If ..,loi1Bm Is danlect, tabled. or wl..,drawn d!Jri~ fint roading on 5epllrmber 30, 2!113, It willappeB<In 1hls •-mont) INTERESTEO FW!TifS are invttell toappeM atthts meeting, abe rB~rBSenled hyarJ agent, orlo expressthe~r v1ews i1 'M'I11nQ addressed tntfle CctyCommi5Slltl. Clothe cq Clerk, 1700 Ct:Jnyentioo Cente-r Dri'te, lSI Floor, Clt'r' Hall. Miami Beach, FlOrida 33139. COjJIM attflese items are .available for pu~1c 1nspechon Wring namal business ~ours in the Citw Clerk's Office, 1700 Corwention Cel'l1er Dn'.re, 1st Floor, Crtv Hal, -Miami Beach, florida 33139. Tllis: meet111g, Of any kern llerem, may be cootllUIKl, and under sat. drr:umstances addihooallegal notice will nul: be PfOvidcd Rafael E Granado, City Clerk Chy of Mlamll!each f'ufsuallt to Section 286.0105, Fla. Stat., the Cfty hereby a~vises the pub II: that: If a person dec1des to appeal any t:lec:tSoo made by me CiW commission ¥dill fespect 10 an~ ma.nr1r consll"le:ret:l at rts rneetilg ..-its lle-aring, ~uch person must ensure that a verbatim record of the ptoceedr~gs 1:s made, ~Ch record Wlcludes t11e testimony Pnd evidence-upoo wtldl the appe:a:~ is to be based. ThiS ootlte tloes oot coostrtutfl: coosen.t by lhe C1ty !oc lh€ inlrodudim a admissOO of ctherw& iladmsslble or -II'Televant evide-rlCe-, nor ooes it autnOI'i2"e cnallenges or appeals not ol:herwise allowed by taw. To request thiS-material in accessible format, sig.n tanguage interpreters, lnformatJ.oo on access for perscms with ll1sabillt1es and/or any accommodation to review anv document or part1cipale ill art~ City-sponsored ~mce-eclin~. please con1ac1 us five days m advance at (305} 673-7411(vo.ice) orm users may also call thfl: Fbnd.a. Relay Servite a1111. Ad lf844 THIS PAGE INTENTIONALLY LEFT BLANK 502 T COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment modifying the setback requirements for certain t pes of encroachments includin carports, mechanical e uipment and swimmin pools. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: OPEN AND CONTINUE The proposed Ordinance would modify the setback requirements for certain types of encroachments including carports, mechanical equipment and swimming pools. The subject Ordinance was approved at First Reading on May 8, 2013 and referred to the Land Use and Development Committee. It is scheduled to be heard by the Committee on October 23, 2013. The Administration recommends that the City Commission open & continue the Ordinance to a date certain of December 11, 2013. Advisory Board Recommendation: On April3, 2013, the Planning Board transmitted the subject Ordinance to the City Commission by a vote of 6-1 (Jean-Francais Lejeune Opposed). Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney Sign-Offs: )1epartme1 Director ........ Assi~t City Manager //L/1~ 4 ~iAA~ • v L/U, uf :\AGENDA\2013\0ctober 16\Accessory Setback E chments-SU OC.docx MIAMI BEACH 503 1\ l City Manager 1......., VI(~ I v AGENDA ITEM ---'--R--=-S"_J3 __ DATE IOjlp _, 3 MIAMI BEACH City af Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florida 33139, www.miamibeachA.gov COMMISSION EMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SECOND READING SUBJECT: Accessory Setback Encroachme AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS", BY AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS", BY AMENDING SECTION 142-1132 TO MODIFY THE SETBACKS FOR ALLOWABLE ENCROACHMENTS INCLUDING DRIVEWAYS, CARPORTS AND MECHANICAL EQUIPMENT; BY AMENDING SECTION 142-1133 TO MODIFY THE SETBACK REQUIREMENTS FOR SWIMMING POOLS AND THE REQUIREMENTS FOR THE CONSTRUCTION OF SWIMMING POOLS ON CORNER AND THRU LOTS WITHIN SINGLE FAMILY DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Open and continue to a date certain of December 11 , 2013. BACKGROUND At the June 13, 2012 Land Use Committee meeting, Planning Department staff presented ideas for improving efficiency and reducing the costs and timeframes associated with the Board review process. The Committee requested that staff bring back a list of common variances that go to the Board of Adjustment. At the July 25, 2012 Land Use Committee meeting, Planning Department staff presented examples of variances that were fairly routine and common. These variances also represented areas of the existing zoning code that could be modified to reduce the number of applications that are required to go to the Board of Adjustment for public hearing. Planning staff was instructed to bring the modifications necessary to reduce and eliminate variances in these particular areas back to the Committee in Ordinance form. On January 23, 2013, Planning staff proposed three (3) separate Ordinances to the Land Use Committee; these Ordinances pertained to • RM-3 Accessory Use Signage 504 Commission Memorandum Accessoty Setback Encroachments October 16, 2013 • Accessory Setback Encroachments Page 2 of 3 • Minimum Units Sizes for Historic Hotels and RM-2 Setback Requirements Each of these proposed Ordinances was referred to the Planning Board by the Land Use Committee on January 23, 2013 and by the City Commission on February 6, 2013. On May 8, 2013, the subject Ordinance was approved at First Reading, and Second Reading was scheduled for July 17, 2013. Additionally, the Commission referred the item to the Land Use Committee for further discussion, prior to Second Reading. On July 17, 2013, the Commission continued the item to a date certain of October 16, 2013. ANALYSIS The Board of Adjustment has reviewed many variances for single family homes located on corner lots, as the narrow side of the lot is considered the front for zoning purposes. However, many corner homes face the longer side of the lot, considered for zoning purposes as the side yard facing the street. The setbacks are larger for front yards than they are for side yards facing the street. This causes problems for those corner homes oriented towards the longer side of the lot, especially when the homeowner is seeking to install a pool. A modification of setback requirements for swimming pools has been proposed that clarifies and eases the minimum yard requirements for pools and related equipment on corner lots and through lots (2 fronts}, located within single family districts. The proposed ordinance also addresses setback encroachments for the perimeter portions of infinity edge pools, which are becoming more common in single family homes. Staff has also noted that since changes were made to FEMA regulations after Hurricane Wilma, more variances have been required for the installation of central air conditioning units and generators within interior side yards in single family and low density multi- family districts. These pieces of equipment are now required to be raised off the ground to meet minimum flood requirements. When coupled with the taller design of energy efficient equipment, the result is an encroachment that exceeds the current height limit of five (5') feet from grade. The proposed ordinance seeks to address this by increasing the maximum height for allowable setback encroachments in single family and RM-1 districts to not exceed five (5') above flood elevation, with a maximum height of 10 feet above grade. This change is expected to be able to accommodate most standard mechanical equipment within interior yards. Finally, staff has revised the encroachment requirements pertaining to driveways and carports, which are currently allowable encroachments within a front yard. In this regard, there are some instances, particularly on corner properties, where the main entrance to the home faces a side street, and not the front yard. In these particular instances, it is not possible for a home owner to have a carport where the car is typically parked, without a variance. The proposed Ordinance would extend the allowable projection for carports and driveways to a side street yard, if the main entrance of the home is located on the side street. PLANNING BOARD REVIEW The Planning Board reviewed the subject Ordinance on April 3, 2013, and transmitted it to the City Commission with a favorable recommendation by a vote of 6 to 1 (Jean- Francais Lejeune opposed). 505 Commission Memorandum Accessory Setback Encroachments October 16, 2013 FISCAL IMPACT Page 3 of 3 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 approved at First Reading by the City Commission, and referred to the Land Use and Development Committee for further discussion, prior to Second Reading. The City Commission also requested that additional language regarding neighbor notification for the relaxation of mechanical equipment setbacks be included in the Ordinance. Staff has revised the Ordinance to include the aforementioned modification. The item was placed on the agenda of the June 12, 2013 Land Use Committee meeting, but was continued to the July 22, 2013 Land Use meeting, due to the length of the agenda. On July 22, 2013, the Land Use Committee continued the item to September 23, 2013. The item was deferred from the September 23, 2013 Land Use agenda to the October 23, 2013 meeting, due to the length of the agenda. Therefore, the Administration recommends that Second Reading for the item be continued to the December 11, 2013 City Commission meeting. CONCLUSION The Administration recommends that the City Commission Open and Continue the item to a date certain of December 11, 2013. R_L JLM/JJIRGUTRM T:\AGENDA\2013\0ctober 16\Accessory Setback Encroachments-MEM QC_docx 506 ACCESSORY SETBACK ENCROACHMENTS ORDINANCE NO. ___ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," SECTION 142-1132 TO MODIFY THE SETBACKS FOR ALLOWABLE ENCROACHMENTS INCLUDING DRIVEWAYS, CARPORTS AND MECHANICAL EQUIPMENT; BY AMENDING SECTION 142-1133 TO MODIFY THE SETBACK REQUIREMENTS FOR SWIMMING POOLS AND THE REQUIREMENTS FOR THE CONSTRUCTION OF SWIMMING POOLS ON CORNER AND THRU LOTS WITHIN SINGLE FAMILY DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach places a high value on the scale, character and architectural context of its single family and low intensity residential districts; and WHEREAS, the City of Miami Beach desires to amend existing requirements and procedures for swimming pools, central air conditioners and other mechanical equipment within required yards; and WHEREAS, regulations of swimming pools, central air conditioners and other mechanical equipment are critical in order to maintain the scale, character and architectural context of the single family and low intensity residential districts; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. City Code Chapter 142, Article IV, "Supplementary District Regulations," is hereby amended as follows: ... ... * Sec. 142-1132.-Allowable encroachments within required yards. (e)Carports. Carports shall be constructed of canvas and pipe for the express purpose of shading automobiles and shall have a minimum required interior side yard setback of four feet. The carport shall be permitted to extend into any front yard of a single-family residence, provided such carport is at least 18 inches from the property line or sidewalk, and provided it is attached to the main building. When the main entrance to a house is located on a side of the house facing the street. the carport shall be permitted to extend into the side yard facing the street. provided such carport is at least 18 inches from the property line or sidewalk and provided it is attached to the main building. The side of the carport that faces the required rear yard may be permitted to align with the walls of the existing residence, provided the residence is located a minimum of five feet from the rear property line. When a carport is detached it shall not be located in the required front or side-facing-the-street yard~. Carports shall not be permitted to exceed 20 feet in width, 20 feet in length and ten feet in height and shall not be screened or enclosed in any manner. An . 507 unobstructed view between the grade and the lower ceiling edge of the carport of at least seven feet shall be maintained. Only one carport shall be erected within a required yard. Carports constructed prior to the adoption of this section shall be considered as legal nonconforming structures. Such nonconforming canopies may be repaired or replaced; however, the degree of their nonconformity shall not be increased thereby. (f)Central air conditioners and other mechanical eEJuipment. Accessory central air conditioners and any other mechanical equipment may occupy a required side or rear yard, in single family townhome, or in the RM 1 residential multifamily lo'N intensity districts, provided that: (1 )They are not closer than ~ve feet to a rear or interior side lot line or ten feet to a side yard facing a street. (2)The maximum height of tho NC units does not exceed five feet above the elevation, as defined in subsection 142 105(a)2.j., ofthe lot at'.vhich they are located. (a)/\ny required sound buffering equipment is located outside the minimum fi•Je foot yard area specified in subsection (f)(1) of this section. (4)1f the central air conditioning and other mechanical equipment do not conform to subsections (1 ), (2), and (3) above, then such equipment shall follow the setbacks of tho main structure. (f)Central air conditioners. emergency generators and other mechanical equipment. Accessory central air conditioners. generators and any other mechanical equipment. may occupy a required side or rear yard of an existing home. in single-family, townhome. or in the RM-1 residential multifamily low intensity districts. provided that: ( 1 )They are not closer than five feet to a rear or interior side lot line or ten feet to a side lot line facing a street. {2)The maximum height of the equipment shall not exceed five feet above current flood elevation. with a maximum height not to exceed ten feet above grade. as defined in subsection114-1. of the lot at which they are located. (3}1f visible from the right of way. physical and/or landscape screening shall be required. (4)Any required sound buffering equipment is located outside the minimum five-foot yard area specified in subsection {f)(1) of this section. (5) The abutting property owners are notified, in writing. of the proposed encroachment(s). (6)1f the central air conditioning and other mechanical equipment do not conform to subsections (1 ), (2). (3). and (4} above. then such equipment shall follow the setbacks of the main structure. * * * (g)Driveways. Driveways and parking spaces leading into a property located in single-family and townhome districts shall have a minimum setback of four feet from the side property lines. Driveways and parking spaces parallel to the front property line shall have a minimum setback of five feet from the front property line. Driveways and parking spaces located within the side yard facing the street shall have a minimum setback of five feet to the rear property line. * * * Sec. 142-1133. -Swimming pools. This section applies to swimming pools in all districts. except where specified. Accessory swimming pools, open and enclosed, or covered by a screen enclosure, or screen enclosure not covering a swimming pool, may only occupy a required rear or side yard, provided: (1) Rear yard setback. A six-foot minimum setback from rear property line to swimming pool ,... 508 deck or platform, the exterior face of an infinity edge pool catch basin, or screen enclosure associated or not associated with a swimming pool, provided, however, that swimming pool decks may extend to the property line and be connected to a dock and its related decking when abutting upon any bay or canal. There shall be a minimum 7%-foot setback from the rear property line to the water's edge of the swimming pool or to the waterline of the catch basin of an infinity edge pool. For oceanfront properties, the setback shall be measured from the old city bulkhead line. (2) Side yard setback. A 7%-foot minimum required setback from the side property line to a swimming pool deck or platform, the exterior face of an infinity edge pool catch basin, or screen enclosures associated or not associated with a swimming pool. Nine-foot minimum required setback from side property line to the water's edge of the swimming pool or to the waterline of the catch basin of an infinity edge pool. (3) Side yard facing a street. For a side yard facing a street: a. Single-family district. In a single-family district a ten-foot setback from the property line to the swimming pool, deck or platform, the exterior face of an infinity edge pool catch basin, or screen enclosure. b. All other districts. In all other districts a 15-foot setback from the property line to the swimming pool, deck or platform, the exterior face of an infinity edge pool catch basin, or screen enclosure. (4) Walk space. A walk space at least 18 inches wide shall be provided between swimming pool walls and fences or screen enclosure walls. Every swimming pool shall be protected by a sturdy nonclimbable safety barrier and by a self-closing, self-locking gate approved by the building official. a .The safety barrier shall be not less than four feet in height and shall be erected either around the swimming pool or around the premises or a portion thereof thereby enclosing the area entirely, thus prohibiting unrestrained admittance to the swimming pool area. b.Where a wooden type fence is to be provided, the boards, pickets, louvers, or other such members shall be spaced, constructed and erected so as to make the fence not climbable and impenetrable. c. The walls, whether of the stone or block type, shall be so erected to make them nonclimbable. d. Where a wire fence is to be used, it shall be composed of two-inch chainlink or diamond weave nonclimbable type, or of an approved equal, with a top rail and shall be constructed of heavy galvanized material. e.Gates, where provided, shall be of the spring lock type so that they shall automatically be in a closed and fastened position at all times. They shall also be equipped with a gate lock and shall be locked when the swimming pool is not in use. (5) Size. The minimum size of all commercial swimming pools shall be 450 square feet with a minimum dimension of 15 feet and all required walkways shall have a minimum width of four feet around the swimming pool, exclusive of the coping. Commercial swimming pools shall also satisfy all applicable requirements of any governmental agency having jurisdiction. (6) Visual barriers for swimming pools. Accessory swimming pools when located on any yard, facing a public street or alley, shall be screened from public view by a hedge, wall or fence not less than five feet in height. The hedge shall be planted and maintained so as to form a continuous dense row of greenery as per the requirements of this division. The ,., 509 maximum height of the visual barrier shall be pursuant to article IV, division 5 of this chapter. (7) Corner properties within Single Family Districts: For corner lots with a home built prior to 2006. a ten~foot setback from the front property line and from the side lot line facing the street to the swimming pool. deck. platform or screen enclosure. For corner lots with radial corners. the front setback and the side setback facing the street shall be taken from the midpoint of the curve of the corner of the property. (8) Homes with two fronts. or thru lots, within Single Family Districts: Lots with two fronts, as defined by Section 114-1 of the City Code. shall be permitted to place a pool and pool deck. with a minimum ten-foot setback from the front property line. at the functional rear of the house. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of-------' 2013. MAYOR 510 ATTEST: CITY CLERK First Reading: May 8, 2013 Second Reading: December 11, 2013 Verified by:-:---~~~--~~=~~ Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language 09/26/2013 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney T:\AGENDA\2013\0ctober 16\Accessory Setback Encroachments-ORD OC.docx J: 511 Date THIS PAGE INTENTIONALLY LEFT BLANK 512 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment creating an Historic District Overlay Buffer for the east side of the Alton Road corridor between 6th and 11 1h Streets, 14th and 15th Streets and 1 th Street to the Collins Canal. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summary/Recommendation: FIRST READING PUBLIC HEARING The proposed Ordinance would create an historic district overlay buffer for those portions of the Alton Road corridor between 6th and 11th Streets, 141h and 15th Streets and 1 ih Street to the Collins Canal. The Administration recommends that the City Commission approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for December 11, 2013. Advisory Board Recommendation: On August 24, 201 0, the Planning Board transmitted the subject Ordinance to the City Commission by a vote of 3-2. 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, and determined that there will be no measurable impact on the City's budget. By nature, a zoning district amendment does not have direct costs to the City, but it may affect long term revenue from property tax, sales tax and other revenue streams. Although some property owners have argued that the proposed overlay zoning will diminish their property values, the Administration believes that this is claim is highly speculative, especially if the Administration's alternate ordinance is adopted. The Administration's proposal would preserve all of the most valuable development rights on each parcel, with the exception of removing the .5 bonus FAR for residential use mixed with commercial uses. Since this is a bonus and not as-of-right floor area, it is difficult to say whether any real development would be sacrificed. There are no existing buildings in the district that have used this bonus. Counterbalancing any potential loss of development rights on private property is the companion ordinance creating Parking District #6, which will reduce minimum parking requirements thereby creating significant savings to private property owners in the cost of providing parking spaces. This ordinance is also expected to generally enhance property values throughout the neighborhood by permitting appropriately scaled encouraging the development of smaller, locally oriented businesses. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney Si n-Offs: MIAMI BEACH 513 in fill development and by AGENDA ITEM _:.....:R:....::$"'--(_=--- DATE /o-Jir/3 ----------------------·---------------------------- ~ MIAMI BEACH City of Miami Bec~~ch, 1700 Con¥ention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.ga¥ COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and mbers ~Commission \ FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 FIRST READING SUBJECT: Alton Road Historic District Bu r Overlay AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS," CREATING DIVISION 8 "ALTON ROAD -HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING SECTION 142-858 "LOCATION AND PURPOSE," AND SECTION 142-859 "DEVELOPMENT REGULATIONS," INCLUDING AMONG OTHER PROVISIONS REGULATIONS ON MAXIMUM FLOOR AREA RATIO; MAXIMUM BUILDING HEIGHT; MINIMUM SETBACKS; BUILDING SEPARATION;_DEMOLITION OR ADDITIONS TO CONTRIBUTING BUILDINGS IN AN HISTORIC DISTRICT; AND LAND USE REGULATIONS FOR LOCATION OF RETAIL USES, RESTAURANTS, BARS, ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC BEVERAGE ESTABLISHMENTS AND SIMILAR USES; REQUIRING CONDITIONAL USE APPROVAL OF SUCH USES IN EXCESS OF 10,000 SQ. FT.; AND PROHIBITING ALCOHOLIC BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN OPEN AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE ORDINANCE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for 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 61h Street and 141h Street in order to protect the character of the adjacent National Register Historic District as well as the historically significant but yet unprotected properties along this stretch of Alton Road. It was noted by the board that recent commercial development trends along Alton Road could significantly adversely impact the quality of life and historic integrity of the National Register Historic District thereby undermining the cultural tourism appeal and quality of life of the city. 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 514 Commission Memorandum Alton Road Buffer Overlay October 16, 2013 Page 2 of 7 road between 51h Street and Michigan Avenue, which should include an analysis and evaluation of existing uses and conditions, historically significant properties, permitted building heights, allowable FAR, parking conditions and requirements, the efficacy of current zoning, and the character of the public right-of-way with regard to pedestrian amenities, convenient means of transit, and quality of landscape. The board further requested that the Planning Department organize and advertise a series of community planning workshops, inviting members of the Historic Preservation Board and the Planning Board, in order to gain public input and insight from local business owners and residents so that the Department might develop a comprehensive set of planning and zoning recommendations for future development and preservation along the corridor that would enable healthy future growth and development without overwhelming or adversely impacting the historic character of the area. On January 16, 2008, the Mayor and City Commission approved Ordinance No. 2008- 3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 8 Street and 14 Street; and on January 28, 2009, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 6 Street and 8 Street The Planning Department conducted an analysis of existing conditions, issues and opportunities in the Alton Road corridor and held a community planning workshop on August 20, 2008 to receive community input on land use, zoning, business development, parking, transit and pedestrian/bicycle amenities. On January 27, 2009, the Planning Department presented preliminary findings and recommendations for the Alton Road Neighborhood Planning Study to the Planning Board. On February 26, 2009, the Planning Department and the Planning Board held a second community planning workshop on the Alton Road Neighborhood Planning Study to receive community input. Both community planning workshops were advertised by mailed notice to property owners, newspaper notice, and City email newsletters. On March 2, 2009, the Land Use and Development Committee adopted a motion directing the Planning Department to prepare an ordinance that would rezone the east side of Alton Road between 6 Street and 16 Street from the CD-2 district to the CD-1 district, and to review the uses and to the extent that there is a floor area incentive for mixed-use buildings, require that the additional FAR be set aside for affordable or workforce housing, and to refer the item to the Planning Board. On March 18, 2009, the Mayor and City Commission discussed the motion from the Land Use and Development Committee and clarified their intent to consider other options, including an overlay district that would remove the floor area ratio incentive for mixed-use projects. During the Planning Board meetings on April 21, 2009, May 26, 2009 and August 25, 2009, the Planning Department staff held additional detailed discussions with the Board on the proposed zoning modifications for the east side of Alton Road in the Flamingo Park Historic District. The proposed Alton Road-Historic District Buffer Overlay is the result of those discussions. On October 27, 2009, the Planning Board held a public hearing on the proposed overlay district and heard testimony from residents who were unhappy with some aspects of the draft ordinance. The Planning Board continued the hearing to the November 17 meeting and asked staff to meet with the concerned residents to try to resolve their issues. The Planning Department held two meetings with the residents on October 30 and November 9, 2009. The public hearing at the Planning Board meeting on November 17, 2009 515 Commission Memorandum Alton Road Buffer Overlay October 16, 2013 Page 3 of 7 resulted in several additional amendments to the proposed ordinance. The Planning Board recommended approval of the amended overlay district by a vote of 5 to 0. Subsequently, the Administration made a determination that the amendments added to the ordinance during the November 1 th public hearing, specifically amendments dealing with land use restrictions, may require a different type of notice to property owners than was provided for the previous public hearings. To avoid any legal challenges, the overlay district was brought back to the Planning Board in the same form as it was approved in November, 2009, with 30-day notice mailed to an property owners in and within 375 feet of the proposed overlay district. On February 25, 2010, the Land Use and Development Committee discussed the proposed Alton Road Historic District Buffer Overlay. The Committee recommended that the ordinance be approved, and indicated that it does not need to come back to them unless there is a major material change made by the Planning Board. On April 27, 2010, the Planning Board held a second public hearing on the proposed Alton Road Historic District Buffer Overlay district after the required 30-day mailed notice. The Planning Board voted 5 -0 to recommend approval of the ordinance with an amendment that deleted the "no variances" provision. Subsequently, at their meeting on May 25, 2010, the Board voted 3 -2 to reconsider their recommendation and to schedule the item for rehearing. On August 24, 2010, the Planning Board held a third public hearing on the proposed Alton Road Historic District Buffer Overlay district after the required 30-day mailed notice. Based on objections from commercial property owners who were not present during the first two hearings, the Board voted separately on each of several amendments to the ordinance. Individual amendments that were approved by the Planning Board have been incorporated into the ordinance. However, a final vote to recommend approval of the entire ordinance, as amended, failed by a vote of 3-2 (four affirmative votes are required to approve a request that requires City Commission approval). On November 1, 2010, the Administration hosted a meeting between attorneys representing certain property owners who objected to the ordinance and representatives from the neighborhoods in an attempt to forge a compromise on several limited points of disagreement. As a result of that meeting, the Administration is proposing an alternate version of the ordinance that we believe satisfies the most critical objections from both sides; while at the same time it represents sound planning principles and the interests of the city-at-large. A summary chart of the disputed issues and proposed changes to the ordinance is enclosed as Attachment A, and each issue is discussed in the analysis below. On November 17, 2010, the ordinance was scheduled for first reading. The Mayor and City Commission continued the first reading to the January 19, 2011 meeting and referred the item to the Land Use and Development Committee for discussion. The LUDC deferred the item on January 31, 2011, February 23, 2011, and April 21, 2011. On May 18, 2011 the LUDC moved the ordinance to pending items based upon failure of various stakeholders to agree on details of the proposed Alton Road Historic District Buffer Overlay district. On January 23, 2013, the Ordinance was transmitted by the Land Use Committee to the full City Commission with a favorable recommendation. On June 5, 2013, the City Commission discussed the proposed Ordinance at First Reading, and continued the item 516 Commission Memorandum Afton Road Buffer Overlay October16, 2013 to a date certain of October 16, 2013. ANALYSIS Page 4 of 7 The purpose of the Alton Road -Historic District Buffer Overlay District is to minimize the impacts of development along Alton Road on residential properties located in the Flamingo Park Historic District and the Palm View Historic District. Specifically the overlay district is intended to apply to properties zoned 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 locations of the proposed overlay district are as follows: Area 1 includes those properties fronting on the east side of Alton Road from 6 Street to 11 Street. Existing zoning is CD-2 adjacent to RM-1 in the Flamingo Park Historic District. Area 2 includes those properties fronting on the east side of Alton Road from 14 Street to 15 Street. Existing zoning is CD-2 adjacent to RS-4 in the Flamingo Park Historic District. Area 3 includes those properties fronting on the east side of Alton Road from 17 Street to the Collins Canal, except for the corner property adjacent to 17 Street. Existing zoning is CD-2 adjacent to RS-4 in the Palm View Historic District. The proposed ordinance limits the floor area ratio (FAR) to a maximum of 1.5 by removing the existing bonus of .5 FAR for mixed-use buildings. This will make new construction along Alton Road more compatible in scale and intensity with the adjoining historic neighborhood zoned RM-1, which has existing buildings that range from 0.5 to 1.25 FAR with a few scattered sites over 1.25 FAR. During the planning process, various alternatives were considered, including down-zoning from CD-2 to CD-1, which has a maximum FAR of 1.0 with a mixed-use bonus of .25 FAR. After much discussion and analysis, it was ultimately decided that 1.5 FAR is suitable for Alton Road development. This is based on many factors, including the importance of Alton Road as a commercial corridor and the existing bus and potential future transit linkages {e.g. Bus Rapid Transit). From an urban design viewpoint, the proposed overlay district forms a gradual stepping up of the intensity from RM-1 on the residential neighborhood to the east, to a maximum of 1.5 FAR on the east side of Alton Road, to a maximum of 2.0 FAR on the west side of Alton Road, to a maximum of 2.25 FAR (2.75 for large lots) on the Bayfront in RM-3. However, it must be noted that FAR alone does not define the building envelop that is necessary to assure compatibility with the historic district. The height and setback regulations described below are also necessary to achieve this goal. Another alternative that was discussed during the planning process was to keep a FAR bonus for residential uses in a mixed-use building, but to make the bonus an incentive to provide affordable or workforce housing. The Planning Board did not support this recommendation due to their consensus to limit FAR to a maximum of 1.5. The maximum building height in the Planning Board recommended ordinance is 43 feet along Alton Road and a maximum of 23 feet in the rear portion of the lots within 50 feet from the rear property line for lots abutting an alley (Lenox Court) and within 60 feet from the RM-1 district for blocks with no alley between 8 Street and 11 Street. The 23 feet height limit in the rear of the lots is based upon maintaining consistency with the predominant 2-story height of existing buildings in the RM-1 district. For lots adjoining single family districts, the 23 feet height limit will also ensure a compatible transition in 517 Commission Memorandum Alton Road Buffer Overlay October 16, 2013 Page 5 of 7 the rear portion of the commercial property. The administration has an alternative recommendation for maximum building height of 50 feet along the front portion of the lots fronting Alton Road and 28 feet in the rear portion of the lots. This change is based upon information supplied by property owners concerning industry standards for minimum ceiling heights in new retail, restaurant and office buildings. However, this recommendation is subject to building separation requirements for larger site development (see below) to prevent monolithic buildings at 50 feet height. The building height limitations in the proposed overlay district are coupled with rear yard setbacks to achieve the appropriate buffer between the RM-1/RS-4 districts and the C0- 2 district. Proposed minimum building setbacks in the rear yard are 25 feet for lots with no alley and 5 feet for lots with an alley. The existing CD-2 and CD-1 zoning districts have a 5 feet minimum rear setback irrespective of whether there is an alley (20 feet width) to provide adequate separation between the buildings. The overlay district proposes a minimum 5 feet setback on the front and side facing a street. This is necessary to provide adequate pedestrian circulation space to support alternative modes of transportation and sustain a vibrant commercial district. The overlay district as amended by the Planning Board has no minimum interior side yard setback, nor does it have provisions for building separation, lot aggregation or view corridors on larger lot assemblages. Instead, the Planning Board version of the ordinance contains language requiring architectural treatments on the fac;ades of buildings to be reflective of the 50 feet wide lot development pattern that is predominant in the historic district. This could be accomplished by such things as small variations in setbacks, window placement, or vertical and horizontal design elements on the fac;ade, subject to design review. This was the recommendation of the Planning Board in November 2009 following extensive workshop discussions wherein the Planning Department staff had recommended various formulas for requiring a complete physical separation between adjacent buildings on the upper stories above ground level retail. The intent was to prevent a continuous wall of 40-50 feet tall buildings that would be inconsistent with the small lot development pattern of the historic residential neighborhoods. The current recommendation from the Administration is retain the language developed by the Planning Board with the clarification of "east and west" facades, and to add a paragraph requiring building separation under limited circumstances as follows: "Any development greater than 43 feet in height on a lot with more than 150 linear feet of frontage along Alton Road shall have a separation between all portions of the structure above a height of 28 feet, so that there is a minimum 15 feet wide view corridor running from east to west at least every 150 linear feet along the Alton Road corridor". The overlay district contains 9 contributing buildings in the Flamingo Park Historic District. Those contributing buildings are proposed to be subject to two of the same conditions applied to historic buildings in the adjoining RM-1 zoning district. Those include a prohibition on demolition of architecturally significant portions of the building and prohibition of building within a historic courtyard. Residents of the Flamingo Park neighborhood were concerned about impacts of noise and traffic from intensive commercial uses. Therefore, the proposed overlay district modifies the underlying CD-2 land uses in several ways. One of them is by prohibiting retail uses, restaurants, bars, entertainment establishments and similar uses at any level above the ground floor. An exception is provided for loft or mezzanine within the interior of a ground floor commercial space, provided that the loft or mezzanine does not exceed one third of the floor area of the store. Based upon objections from property owners, the 518 ------------------------------------------------~ Commission Memorandum Alton Road Buffer Overlay October 16, 2013 Page 6of 7 current Administration recommended ordinance deletes the language limiting the loft or mezzanine to one third of the floor area, and replaces it with language permitting "a second floor within a ground floor commercial space, if it functions as one single contiguous establishment and is only accessible to the public through the contiguous ground floor commercial space." This would allow two full floors inside any given retail store, similar to CB2 or Borders book stores, but it would not allow multilevel shopping centers. No alcoholic beverage establishment, entertainment establishment or restaurant may be licensed as a main permitted or accessory use in any open area above the ground floor (any area that is not included in the FAR calculations) or at ground level in any open area within 125 feet of a residential district, except that residents of a multifamily (apartment or condominium} building or hotel guests may use these areas, which may include a pool or other recreational amenities, for their individual, personal use with appropriate buffering as determined by the Planning Department or applicable land use board with jurisdiction. No variance to this provision would be permitted. In accord with the objective of encouraging locally oriented retail and service uses that are compatible in scale and character with the historic districts, the overlay district requires conditional use approval for any individual retail, restaurant, bar, entertainment establishment or similar establishment in excess of a certain size threshold. The Planning Dept. conducted a detailed survey of businesses in the Alton Road corridor and determined that a threshold of 5,000 sq. ft. generally separates businesses that primarily serve the neighborhood population from businesses that primarily serve the entire city and beyond. To provide a generous margin of error, staff doubled the recommended threshold to 10,000 sq. ft. for conditional use approval. The Planning Board changed the conditional use threshold from 10,000 sq. ft. to 20,000 sq. ft. by a 4-2 vote at their meeting on August 24, 201 0, based upon objections from property owners. The Administration's recommendation is to keep the original threshold of 10,000 sq. ft. per establishment for conditional use approval based upon the analysis conducted by the Planning Department. A majority of the discussions during the community workshops and Planning Board meetings centered upon the blocks between 6th and 11th Streets. However, it was noted that there is an incompatible scale relationship between the CD-2 zoning district and adjoining RS-4 single family zoning districts located in the 1400 block and the 1700 block. Down-zoning to CD-1 was considered for these two blocks, but the Planning Department recommends that the proposed overlay district will provide a more effective buffer than CD-1 due to the height and setback regulations in the overlay district. At their August 24, 2010 meeting, the Planning Board voted 5-1 to remove lots 15 and 16 from the overlay district (northeast corner of 17 Street and Alton Road). PLANNING BOARD REVIEW The Planning Board reviewed the proposed Ordinance on 3 separate occasions, as noted hereto: 1. On November 17, 2009 the Board recommended approval by a vote of 5 to 0. 2. On April27, 2010, the Board recommended approval by a vote of 5 to 0. 3. August 24, 2010, the Board transmitted the Ordinance by a vote of 3 to 2. FISCAL IMPACT In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there 519 Commission Memorandum Alton Road Buffer Overlay October 16, 2013 Page 7of 7 will be no measurable impact on the City's budget. By nature, a zoning district amendment does not have direct costs to the City, but it may affect long term revenue from property tax, sales tax and other revenue streams. Although some property owners have argued that the proposed overlay zoning will diminish their property values, the Administration believes that this is claim is highly speculative, especially if the Administration's alternate ordinance is adopted. The Administration's proposal would preserve all of the most valuable development rights on each parcel, with the exception of removing the .5 bonus FAR for residential use mixed with commercial uses. Since this is a bonus and not as-of-right floor area, it is difficult to say whether any real development would be sacrificed. There are no existing buildings in the district that have used this bonus. Counterbalancing any potential loss of development rights on private property is the companion ordinance creating Parking District #6, which will reduce minimum parking requirements thereby creating significant savings to private property owners in the cost of providing parking spaces. This ordinance is also expected to generally enhance property values throughout the neighborhood by permitting appropriately scaled infill development and by encouraging the development of smaller, locally oriented businesses. SUMMARY/UPDATE The proposed ordinance was originally a companion item to the Alton Road Parking District No. 6 Ordinance, which was adopted by the City Commission on September 11, 2013. The proposed Ordinance, which was discussed by the Commission on June 5, 2013, and continued to October 16, 2013, has been fully re-noticed for First Reading, as it has been determined that it requires two (2) full readings, and not just one. As indicated previously, the Administration believes that the Alton Road Buffer Overlay Ordinance is valid as a standalone ordinance because it is based on the preservation and planning principles described in this memo. CONCLUSION The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading Public Hearing for December 11, 2013. jlL JLM/JGGJRGL!TRM T:\AGENDA\2013\0ctober 16\Aiton Road Buffer Overlay-MEM 1st Read.docx 520 Alton Road Historic District Buffer Overlay ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS," CREATING DIVISION 8 "ALTON ROAD-HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING SECTION 142-858 "LOCATION AND PURPOSE," AND SECTION 142-859 "DEVELOPMENT REGULATIONS," INCLUDING AMONG OTHER REGULATIONS ON MAXIMUM FLOOR AREA RATIO; MAXIMUM BUILDING HEIGHT; MINIMUM SETBACKS; BUILDING SEPARATION; DEMOLITION OR ADDITIONS TO CONTRIBUTING BUILDINGS IN AN HISTORIC DISTRICT; AND LAND USE REGULATIONS FOR LOCATION OF RETAIL USES, RESTAURANTS, BARS, ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC BEVERAGE ESTABLISHMENTS AND SIMILAR USES; REQUIRING CONDITIONAL USE APPROVAL OF SUCH USES IN EXCESS OF 10,000 SQ. FT.; AND PROHIBITING ALCOHOLIC BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN OPEN AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE ORDINANCE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, in the summer of 2006, the Historic Preservation Board initiated the westward expansion of the Flamingo Park Local Historic District to the east right-of-way line of Alton Road between 6 Street and 14 Street, and requested the Planning Department to initiate a major planning study of the Alton Road corridor, including both sides of the road between 5 Street and Michigan Avenue, to include an analysis and evaluation of existing uses and conditions, historically significant properties, permitted building heights, allowable FAR, parking conditions and requirements, the efficacy of current zoning, and the character of the public right-of-way with regard to pedestrian amenities, convenient means of transit, and quality of landscape; and WHEREAS, on January 1, 2008, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 8 Street and 14 Street; and WHEREAS, the Planning Department conducted an analysis of existing conditions, issues and opportunities in the Alton Road corridor and held a community planning workshop on August 20, 2008 to receive community input on land use, zoning, business development, parking, transit and pedestrian/bicycle amenities; and WHEREAS, on January 27, 2009, the Planning Department presented preliminary findings and recommendations for the Alton Road Neighborhood Planning Study to the Planning Board; and WHEREAS, on January 28, 2009, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 6 Street and 8 Street; and 521 WHEREAS, on February 26, 2009, the Planning Department and the Planning Board held a second community planning workshop on the Alton Road Neighborhood Planning Study to receive community input; and WHEREAS, on March 2, 2009, the Land Use and Development Committee adopted a motion directing the Planning Department to prepare an ordinance that would rezone the east side of Alton Road between 6 Street and 16 Street from the C0-2 district to the CD-1 district, and to review the uses and to the extent that there is a floor area incentive for mixed-use buildings, require that the additional FAR be set aside for affordable or workforce housing, and to refer the item to the Planning Board; and WHEREAS, on March 18, 2009, the Mayor and City Commission discussed the motion from the Land Use and Development Committee and clarified their intent to consider other options, including an overlay district that would remove the floor area ratio incentive for mixed-use projects; and WHEREAS, on April 21, 2009, May 26, 2009 and August 25, 2009, the Planning Board held additional detailed discussions on the proposed zoning modifications for the east side of Alton Road in the Flamingo Park Historic District; and WHEREAS, the proposed "Alton Road -Historic District Buffer Overlay" district responds to concerns expressed by the Planning Board, the Land Use and Development Committee and local residents by requiring among other things, a more compatible relationship of scale and massing between new development along the east side of the Alton Road corridor and the adjoining residential neighborhoods, by promoting mixed-use development that makes efficient use of parking, by minimizing the concentration of impacts from intense retail and restaurant development and by encouraging smaller neighborhood- oriented uses. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article Ill, "Overlay Districts," Division 8 "Alton Road -Historic District Buffer Overlay" is hereby created as follows: DIVISION 8. ALTON ROAD -HISTORIC DISTRICT BUFFER OVERLAY Sec. 142-858. Location and purpose. (a) The regulations of this division shall apply to properties within the following boundaries, which shall be known as the Alton Road -Historic District Buffer Overlay. (1) Area 1 shall be those properties fronting on the east side of Alton Road from 6ih Street to 11th Street. (2) Area 2 shall be those properties fronting on the east side of Alton Road from 14th Street to 15th Street. (3) Area 3 shall be those properties fronting on the east side of Alton Road from 17th Street to the Collins Canal. 2 522 (b) The purpose of this overlay district is to minimize the impacts of development along Alton Road on residential properties located in the Flamingo Park Historic District and the Palm View Historic District. Specifically the overlay district is intended to apply to properties zoned CD-2 Commercial Medium Intensity that are adjacent to lower intensity RS-4 and RM-1 residential buildings in designated local historic districts. The overlay district regulations are intended to achieve a more compatible relationship of scale and massing between the Alton Road corridor and the adjoining residential neighborhoods. to promote mixed-use development that makes efficient use of parking, to minimize the concentration of impacts from intense retail and restaurant development and to encourage smaller neighborhood-oriented uses. Sec. 142-859. Development regulations. The following overlay regulations shall apply within the Alton Road -Historic District Buffer Overlay District. All development regulations applicable to and/or in the underlying zoning district shall apply, except as follows: (a) Maximum FAR The maximum floor area ratio (FAR) in this overlay district shall be 1.5. The floor area ratio provision for mixed use buildings in section 142-307(d)(2) shall not apply in this overlay district. (b) Maximum building height. The maximum building height in this district shall be 50 feet and a maximum of 4 stories. except that building height shall be limited to 28 feet within 50 feet from the rear property line for lots abutting an alley (Lenox Court) and within 60 feet from the RM-1 district for blocks with no alley between 8 Street and 11 Street. There shall be no variances for building height. (c) Minimum setbacks. (1) Front-5 feet. (2) Side facing a street-5 feet. (3) Interior side -0 feet. (4) Rear-for lots with a rear property line abutting an RM-1 or an RS-4 district the rear yard setback shall be a minimum of 25 feet; for lots with a rear property line abutting an alley (Lenox Court) the rear setback shall be a minimum of 5 feet; otherwise the rear setback shall be a minimum of 7.5 feet. (5) There shall be no variances for building setbacks. except for triangular lots. (d) Building separation: (1) The east and west facades of any building constructed on more than 50 linear feet of frontage along Alton Road shall be divided into segments with building massing and architectural treatments intended to be reflective of the 50 feet wide lot development pattern that is predominant in the historic district. 3 523 (2} Any building greater than 43 feet in height with a footprint that occupies more than 150 linear feet of frontage along Alton Road shall have a separation between all portions of the building above a height of 28 feet, so that there is a minimum 15 feet wide view corridor running from east to west at least every 150 linear feet along the Alton Road corridor. (e) The following regulations shall apply to lots containing contributing buildings in the Flamingo Park Historic District within the Alton Road -Historic District Buffer Overlay. ( 1) Only those portions of a contributing building that were not part of the original structure on site. or that have not acquired any type of architectural significance. as determined by staff or the historic preservation board. may be issued a Certificate of Appropriateness for demolition. {2) For contributing buildings or properties. no building or structure shall be permitted within an existing historic courtyard. For purposes of this subsection, an historic courtyard shall be defined as a grade level space. open to the sky, which is enclosed on at least two sides by an existing building or structure on the same property and is an established architectural or historic component of the site or building design by virtue of significant features and/or finishes. including, but not limited to, paving patterns, fountains. terraces. walkways or landscaping. (f) Land Use: Main permitted uses. conditional uses and accessory uses shall be permissible as set forth in the CD-2 district regulations. with the following exceptions: {1) Retail uses. restaurants. bars. entertainment establishments and similar uses shall not be permitted at any level above the ground floor. except that a loft or mezzanine containing these uses may be permitted within the interior of a ground floor commercial space. This subsection shall not apply to existing and proposed retail uses in buildings existing in this district as of the effective date of this ordinance. (2} Any individual retail. restaurant, bar. entertainment establishment or similar establishment in excess of 10.000 square feet, inclusive of outdoor seating areas. shall require conditional use approval. The regulations in Chapter 142. Article V, Division 6. Entertainment Establishments. shall continue to apply to uses in this overlay district. (3) No alcoholic beverage establishment. entertainment establishment or restaurant may be licensed as a main permitted or accessory use in any open area above the ground floor (any area that is not included in the FAR calculations) or at ground level in any open area within 125 feet of a residential district, except that residents of a multifamily (apartment or condominium) building or hotel guests may use these areas, which may include a pool or other recreational amenities, for their individual, personal use with appropriate buffering as determined by the Planning Department or applicable land use board with jurisdiction. 4 524 SECTION 2. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the ward "ordinance" may be changed to "section" or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of--------' 20_. ATTEST: CITY CLERK First Reading: Second Reading: October 16, 2013 December 11, 2013 Verified by: --------- Richard G Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language T:IAGENDA\2013\0ctober 16\Aiton Road Bwffer Overlay-ORO 1st Read.docx 5 525 MAYOR APPROVED AS TO FORM AND LANGUAGE .? & FOR EXECUTION qJ.;o /o " Date Held, Gary From: Mooney, Thomas Sent: To: Monday, September 30, 2013 10:06 AM Held, Gary Subject: Attachments: FW: Form Approval Request-Alton Road Buffer Overlay -ORD 1st Read Alton Road Buffer Overlay-ORD 1st Read.docx Following Up © From: Mooney, Thomas Sent: Tuesday, September 24, 2013 1:18PM To: Held, Gary Subject: Form Approval Request -Alton Road Buffer Overlay -ORD 1st Read Gary, See attached, which incorporates your edits. Tom MIAMI BEACH Thomas R. Mooney, AICP Design & PreseNation Manager PLANNING DEPARTMENT 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7000 ext 6191 I Fax: 305-673-7559/ www.miamibeachfl.gov We are committed to providing excellent public seNice and safety to all who live, work and play in our vibrant, tropical, histone community It's easy being Green! Please consider our environment before printing this email. 1 526 34NE I SUNDAY, SEPTEMBER 15, 2013 Nt- 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 PUBLIC NOTICE IS HEREBY GIVEN that the Miami Beach City Commission will hold a meeting on WEDNESDAY, October 16, 2013 at 11:00 a.m. in the City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. During this meeting, the City Commission will hold a public hearing on the following Ordinance: ALTON ROAD HISTORIC DISTRICT BUFFER OVERLAY. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS," CREATING DIVISION 8 "ALTON ROAD - HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING SECTION 142-858 "LOCATION AND PURPOSE," AND SECTION 142-859 "DEVELOPMENT REGULATIONS," INCLUDING AMONG OTHER PROVISIONS REGULATIONS ON MAXIMUM FLOOR AREA RATIO; MAXIMUM BUILDING HEIGHT; MINIMUM SETBACKS; BUILDING SEPARATION; DEMOLITION OR ADDITIONS TO CONTRIBUTING BUILDINGS IN AN HISTORIC DISTRICT; AND LAND USE REGULATIONS FOR LOCATION OF RETAIL USES, RESTAURANTS, BARS, ENTERTAINMENTESTABLISHMENTS,ALCOHOLICBEVEAAGEESTABLISHMENTS 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. 527 All ir1terested parties are invited to appear at this meeting or be represer~ted by an ager~t, or to express their views ir1 writing addressed to the City Commission c/o the Planning Department, 1700 Convention Center Drive, 2no Floor, City Hall, Miami Beach, Florida 33139. Copies of the proposed amendmer1ts are available in the Plar1r1ir1g Departmer1t. Pursuant to Florida Stat. 286.0105, the City hereby advises the public that if a person decides to appeal ar1y decision made by the C~y Commission with respect to any matter considered at its meetir1g or its hearing, such persor1 must er~sure 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 const~ute consent by the City for the introduction or admission of otherwise Inadmissible or irrelevant evidence, nor does it authoriz.e challenges or appeals r1ot otherwise allowed by law. To request this material in accessible format, sign lar~guage interpreters, information on access for persons with disabilities ar1dlor any accommodation to review any document or participate in any City-spor1sored proceeding, please contact us five days in advance at (305) 673-7411 (voice) or TTY users may also call the Florida Relay Service at 711. AD#808 THIS PAGE INTENTIONALLY LEFT BLANK 528 COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment modifying the regulations for hotel uses within the Palm View corridor in the RM-2 district. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: SECOND READING The proposed Ordinance would modify the regulations for hotel uses within the Palm View corridor in the RM-2 district. The City Commission approved the Ordinance at First Reading on September 11, 2013 and set a Second Reading Public Hearing for October 16, 2013. The Administration recommends that the Cit Commission ado t the Ordinance. Advisory 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 Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney Si n-Offs: City Manager T:\AGENDA\2013\0ctober 16\Palm V1 MIAMI BEACH 529 AGENDA ITEM R 5 D DATE {0-/6r=( 3. ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SECOND 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 Adopt the Ordinance. 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. The City Commission approved the subject Ordinance at First Reading on September 11 t 2013. ANALYSIS The proposed Ordinance, which was originally part of the West Avenue Hotel Ordinance, 530 ---------------- Commission Memorandum Palm View Hotel Uses October 16, 2013 Page 2of3 applies only to those properties zoned RM-2 along the west side of Meridian Avenue from 17tn Street to the Collins Canal. Up until recently, this area consisted solely of 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 531 Commission Memorandum Palm View Hotel Uses October 16, 2013 Page 3 of 3 • As recommended by the Land Use Committee, creating an 'Applicability' section of the Ordinance, in order to address existing hotel uses. 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 lang 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 adopt the Ordinance. flL JLMIJMJ/RGUTRM T:\AGENDA\2013\0ctober 16\Palm View Hotel Uses MEMO 2nd Read.docx 532 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 in this Subdivision as all properties abutting the west side 533 of Meridian Avenue 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. or (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 conflfct 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. 534 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 09/27/2013 MAYOR ___.-?.j~?-J APPROVED AS TO FORM & LANGUAGE &;ORE~~UTJON q h:JJ T:\AGENDA\2013\0ctober 16\Palm View Hotel Uses ORDINANCE 2nd Read.docx 535 U'l w 0) ~ MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NE THURSDAY, OCTOBER 3, 2013 I 19NE NOTICE IS 'HEREBV !Jiven that publiC he.~ rings will be hB~cl by ttl.e Mayor ancl Citv Comml~1on of the Clty of Miami Beach, Fbrtda, In the Comm.lssion Chambers, 3rd Floor. City Hall, 1700 Convention Center Drive, Miami Beadl, Flcrida, on Wednesday, October 16,2013 1c co~sicler the fojlowing: 10;10a.m. A Re-solu'\Jookcepllng The RecomtntMatlon 01 Tt'le Cltr'i. F.faW'ao Ami Citywide Projeclll Cummissiun Coll'lmltll!lll ("Fc.wPC"): ~proving MdJdhoflzlng Thl!l-hl;zyur And 01y Clerk TQ becul!i A Nllll'l' L1~m Agfumant Between The CftJ Mel Alpha 22, UC {"Tef13J'i") ArJJ Tim City, Fa A Term Of g 't'eiii'S And 364 ~'Jaws, ~ITIOIVIng The US;e012,216 Sqoare Ft8'l"(l1 Clty-llwr.8dVacantPmp!rty,L«slodA!.22Wohington.A:VtM,.P4ac'ntT(l bilillngRelilu!lliSpaa~ Locrr.t&I'IA!816Q.mmet~Ce Slr!!'e:!, Mliilml6nd\,floo~a 2:J-1Si (Spacf),To BeiJsedAsOulltlor c.ati,Contureni:Wrt:hThe LeHer\JH OIThafittoloinyRwWllflt;M:I FurlherWaiwlng,ByA5ffth Vote, Thll ~fltH:ive SkkiJngRequlremc-rrt,Andlr~gSuchWWwltfToBe lnlhe&stlmmuilDflha P\Jblk lllJOa.m. W. Or~Amenclo,ilhe COOeOITile City Of ~I Beach8j!AinendlnqChiJ!ttr 52, Entihd ~uman Rlllabals>"SyAmendngNtldeii,Enbtled"Otscnmlr&atKln,-8yAmendll'jl ctriWn 3,Errlltled "Re~m,"ElyAcUngSec 62·92ToAe"-'reThl!l PwtiogOI'Nol:iCI!I:!InEv.-y Pl-=:e CiEftiC'loym~nt.Publekeommodalkn, HOIJY'Ig -.:commodabon,PlttJ City fac~lltyThii fatls Sub)ecllo1'1'w! ti.Jman Roht!l Ordlnlr'lee lndca.U.ng The Applicable Slibf~WrtNe PuMslm Of The I'IUINIII Rlgtb Old~!, Tl"l@ f111:.e Wiler! COR'IpiMW,.... Se AI~.Aild Sud! Otrl!t l~fld The Cl'!'t 01 Mlarnl e.a:h Oftma rfiMnt; PriJ'tiding F«Enfm:~~maD: Pnx:edures AM PrOY!ding Fa Se\ltlfltllrty, Codilicatial And An EHdve :Date. 11:10a.m. PaJmVl!wllo'tl1JUS.,s An Ordlllll":lll Am~ndlnoe The land Dov~lopmerll: RB~Iat.Un!! Of Tl'll Crty Co.de. !iv Am~ndlllQ Chapt~r 142, "Zon1ng Olstrld:!! kltf Aequla1Jons," ArtlciB II, 'Di51tlct Reg.LJI~.· [iwj!loo l, "Ruklemlal Multifamily Ots.trrcts, • SliJdlwlaloolV, ":AM·2 h~dl-nlja' MIJIILfRmiiV, N~dj(jm ~~~-~To Umll t!(Jttl~ As ti•"'lnatl•r ~~dIll The Palm Vlaw Cooldo<To Those :EJisUngkJ Of Way 28, 2013; LJefuq Thlil f'illm 'An Carldor hAll Pr~ertlaMllttlnglhe West stde ot Merid!alAn~JJe Betw•n 17th streeiMd Calins Canal; o.rini~ lht ~Of Elistlng Hot-elsh LIQIII Cootocming IJse&: To Emude Wdaor rntenalnmenr r'i(Mjl!hmtntJ And rudooi Entrrtahm«i From Permittl!iltl rkllel Accatiory lhM; To Adll Hdi!:l:ll As A PrlJ/'ibltAll t,bAW!tt'IJn Tl\e ~'or The him ,m Corridal: Of The RM-l 00¢!'1oe1:; Ac~l'l~~ S~ Pr'-t·Ernp&o Of Slu!T•m Rt-rtilfle.~. ProeM~ AIJI"efor Cew.ati::lnJind f\HUmptiorl 01' Hotel !A-.. 1l;2Qa.m. W~:!I:AIIe~'J..i,!HDteJIAe:s AA Ordll'llnGe 1\mendM!l The larrcl Developm-ent RtglJiall<liiE or The Cit., COO~, By Amending &Mpter 140:', "loring !)fstricts A'ld ReqUa"tjooa, .. Mde U, "D~strkt P.t~gUI:a0on9." Oivl!llon J, ·~!fildentlal Wtifamlly Olilricti,r SUW'IIIIioo IV, '11M 2 R&sld~n'linl Muftjf,.;~~~. ~~Llfr111'1~n~~·; ,1,("14 Oy Arnmdlng S.rbdlvilllon V, "RM·! Resld~11tlill frlll~iamlly, t1iltllntenslly," To-Llmltllotels /Its tlel'flna'f't-e~ Ptw1ded In Th• Wot~-tA¥eniJ• Currldu1 To Tt):lse blstlllg k> 01' Mil)' 2U, 2'01!; De~nlng lhll' WestA¥tnue Corndur Alo Thai Anm Sordered By Colllm CarW lc The North,Ailon iRoad To The East, Blsoovne &ly To The W~st And &th SU&GI To Tt. Soulh; 0~1'1nln.;l The Rlgi'lb or t:a,tlng Hctels /14. L~ l:a'•f~mingo Uses: To Erclu.l'le OUI~ EnWWnmtnl Ut*li1Wrle(1b AM Uuldo<if Er'ltll.rtainm~nl Fr'"'rl1 ~rmrn~d ~t~l Atet9:!10/Y UiJil!S; To Add llcCels As A ~Pile-d tJuWilhm H1~ Baund.:.1~ m Th~ Wnl A~elllle Corridor Of Thl' HM-2 Md R.M·3 D-~abids; ~ed-ging Stat!" Pre·Emp&n Of S.ra1 Term R&ntal Regt.JI&tjons, Prarlding R.t.Jes F« C:ematlon:And Re!!UmptlM Dt fktlel t:ms.. 11:30 8.RL R:~·~ kl;'*&«j lltie &~e An Ortlinancl!" A.mer.dmg Tile Land Chlve~apment flegli~MS 01 The Code !If The CI'Y (If Ml.amt Beaeh, l3Y Amentt1:ng Chap1er 13!!., Entitled ~Si"JlS,~ ~ Am~ndlng Ntlele l, f~tl!d .. In Gen1-ra:l," By A,me(ldlng S.C'I!i(lrll38·8 To MC!CifyTI111 ,e.ctf-Si:.'!ilry l& Sign fl.~LJirerne:MS for OC!!at~rr0018ui'Q~, By' Amclnc.\ouhtlcle V, Entitfed "Si[ln'R-eg~aiiCW13 8y District," B.,Amend~ngSectiorJ 138-1711oModii)'Th~RaCJ1remsntsfor!{atel~htdAp..tmf-n18UidingswtlhlnTne RM-3DistriCIMd llyA11111mtlng Seclioo 138-172To M~The RequlrementsFori--Jai.&I!AndJ,artmefiBuildin1,18WitllinTM AN 3 Dtoolct 11:4Cla.m. All U1oinal"'(:~ A«<t-ndirtg CIJ<qJ!~t 100 OfT~~ M1a.ml Bfech C.ty Old~. £n.trlft-d "SLJ~Irull~il"tf'." By ~~ndillt]Ntlr,:le II Er~ill~d "En'l!rllf EcoriM'Ii~ .O~~ii'l~~nr l~ f'llol Pro<7~11l· To'J IJ'It:k.ld~ M,_lfli.Oade Cvl..oly's Gr•~n "Business Ct'rtfica~oo 1\Ei MAdditional Ellgibllrty Cntefla To f'artoc1pat~ 1n The Ener~ E-r:ononuc Dev~opment loo~ Pilot Program; f'JO'rildmg For S.I!Yeratd~~; COOJ1icat.lll't P.eP<!laiet: 1\nd An Hfi!Ctii'-e Dale 11;50a.m. An Ordlr\iQ::II ~~ng llle Co~' Dl n~e G1ty m Miami Beach, B't Am~nding Q\apll!:l' 54, [ntl1l&l:l"fi0Qds;," By Am$fld1ngMicllll M, Ejlfitlei'I"Aooq.LaJn Managemeil1:," ByAmt!;rn:lln~ Ut¥1~00 '· Entltl•d "Gentralty," ~ AIII11ndlfl\l SIICbul "5.4·35, Entl1le-d "[)ei'lhttlons" By AmendtngJIM Oele~ng Certain De~rlbDf15. Therein; B~ Am~ndl~ Division 2, Entibed "Gem-r!il Provlllioo&," B:y Ammdng SI!Ctioo 54-38, Eliitled "Daslgnatm 01 F"loodpiiiii"'Admuli!ltrator" To O~sl9nillll lhe Bulldl~ Official, IIJ6iead Dt Th11 Bul!dln~ DlrBC'tol,kl TM f1Mdplaln MmlmtratoJ; Ely .iUtlerldtlg OrviW11 J,E~ed "Admlnrstratlon,'· &v Amendin~ Saetlon 54·45, ErrtJtle(j "Plrmft Prot~l.lll" And S.eclkln 54-46, Eriltled "Dlll:lls.And Rnponiibollltiu DfTh.e llui~Liing Dlrerolor Or Oftsignl!'e•To ttmg~ All Bultdlr.g OW ector Re1erencn lherelrl To Thtl Floodplblkl Admlnistmtot; Amt~ndln~ Oivlslon 4, fnltded" "flTOII'Ialons f« Flood I.Jilllllrl A,eductloo"; By A~1endinu Sectioo 54-·41, Entllied "Gent~ral Slendards.~ Section 54-46, Entitled •specific Slandard~." hid 5~tl0n 54-49, Entltl~d "S!)'clflc S'tandarcls l'or A·Zonn WiVwt Base Flood Eleo;atioos lind Regl.lla'lmy AoodWays" To Mod~fy Certain Flood Hazard Redut1KKI PrcMISIOOfl; By Delelllg lhtl Pr!Msions In 5ectlon 54-50, Entid&~ •standards for A-0 Zormo", ByAmmding Div~on 5, Fn~tll!d ''Vanarr.e Pmcet~uru, • To~ All Building CkniClur Referen::eu There~n To TM fiOildpl.ain Allmlntsr:rator: PrCN'•~ Non·SobsWltlve, aenau RmYoos TIYt:l.l(lholA Artrdt ll 011 Chaplet 5-11 12;110p.m. O!'d!~ Nn•n«n,g Mliiml Belii(:Jl Cit)' C.W t."'aptAr 82, fJtftlli!!d "r\Jblll"! Pr.;.peny,• BY Amendli'IQ Mid• IVThe•ltOI Ent!Ut:~~d "Usn In: P'!Allll: A:ight-01-We~,· Ellj Mlf!Mih!l SmiOO 8Z-3ll3, tnutlled "f'ermil Fie; r.rlllllies fu Late F'aym~nb; A~ew 01' Fee," By !\mending Sitli~DO W lhfto! ToMJate Sldftw;lllk Calli F!tiS Fg BLISil"iiJIIS<!lS North Of 63rd Sll'e«<, though kid lnciuding S11ptember 30-, 201SMd Arq<Arlng A BudgetAnalys~s.AAd Rh'le'l'l PyThtt ClW Administration By Sl!ptambar 15,2015 12::10p.ITL FHAndPolicDSitaryOnlrJanCe An Drdir\ante Amending O"UniilnC• No. 7B9,1ha Classified Ernpki'JI~ Salary Ordinance Of The CJti Of Mlamt Htao:h, Florida.~ .Folla.n.lnkccnin:e ~th 1'tM Nagot!affld G.:ll~e lWgain~ Afpements, Pl't:Mdl~ Fci 1hl ~ Pn ~ ~' Repres~nllld ByTM :Ffattrnal Order or f'Oih tflJ'1Wjllun Nichols Lod9* rto 8, And Fc:JJThe Classlbllons In Gl~ ll, Aepres~~.-.d By The lrll.e'JI'.illi:GII kEa:iabm 01 Are RIJhlers, (WB, Le.caJ '510: Effective The First Pay Perod Erdng In Ddnb• Df 2014, Ther11 Shall e. Allkroas lt. 8oa'd Cost-Dr-lrvlng~rrt ~ 01 lhfP Pet-c.rt (3'%),kld Thr: ll.lnirrun kid Mallmu111 01' Esdi Pay Riifll.leW.II Nsc 8e IJX::rNS!d By Tine: P.ercellt (J%); E!tectve ~ J, 2tl15.Ad~hl '-ddl~ ste~ t1) lo TI"1t1 Class.rfica'!J(n; CM FOJ!ce Ofi'K:et, S-etpant ru Pola, Ue-LJtenint ot11itte .lfld fire'liUltef I, Rtvea11119AI Ctdnafices In Coollk'l. n:20p.m. lJnclu.'dfiii!SalaryClrdii'W"ICe An 0.-dhan::~ AmandlJV Drdnancs No. 16-05, Tile Unt:Jwjlied Cmpl.oy~:es ~ary Ordnlinn; }bohliit~-ng P"-d.~ Glade 1 Arid Pa)r G1ad! 2, ,lbolr:shlng The Oasslficatlons Of; lill'flefli Seoku Dhctw. llliii1'4'QJblllon And Cmcumrq litarwgllr, .Nelgti)othood Sm1'i:e! [\jrl!dor, ComrnuritwfE<:OCiOIIli~ Dwel~rnenl Dbectrr, CWU.al AHih& Towltirn 0~~.t¥ebpm..t [),re<:W,fr~~mtnl 0¥1sll)"' Olt'ecto<,ln-f<Xmatloo J-i(J'l(l(llQQy O!viWI Otreclw, .C.::. 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Ia bied. or wllhdrawn dunng liB! reading on Seplembor 30, 2013, it will IPPIIII' In lhls odverll-t) 12:29p.m. Olh!~ Salary Orcllnan.:e M Drdlr.n;eAmemlng OrdifB"'G4l No. 1B9, Thectasscfled E.mpJovenSUl Or~ Dr The Ci1y Of M....-.IBeach, Aonc:la,A.s Falows:Prto\lid1ng fu-Thll C•assflkiltioosklliwp~. 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By The Cunu..tlilnl.; Rep111aJing All Ordlf1BJ1C8S lnCorrftlct. ~Due to The Miami Herald's deadline, If this Item is donlad, tabled, or withdrawn during first re-adin.g on September 30, 2013, it will appear in thi& advertisemmL) INTf:KESTED PMT1ES are in¥11ed to appear at thb meeting, or be represeote(l DV 8fl agent. or 'kl expfess tl'1e!C' 11le:ws lrl wrtt~g. addressed to the CHy CQmmissicn, cJo the Ctty Cleti<, 1700 Conlt'eflt.Jon Center DriYe, 1st AD, City Hall, Miami Bead•, fulta 3313"9 ~ies o1 these Items are available foc public Inspection duri"lg normal busrness hours m till! City C1el1o>'s OHlte, 1700 Coovenhon Center OriY&. 1s.t FIOOI'. CitY Hall, Miami BeaCh. AoM.t 3313Y. ThiS meet.og, 01" anr item herelfl, mav be (X)[ltiuJed. and under sucn clrct.mstances addit.cnallegal notiCe will n-Dt be pro'frded. Rafael E. Graoaoo, City Cle!f< C4yofMiamlllead:r Put&.Wll to Sectrn 28-fi 0105, Fla. Stat., Uu: City hcrebv advises the pu:blk;: lhat· H a persoo decides tD appeal any dec;sm made tJ.y th8 L1ty CommiSSioo with respect to an~ maHer considered at rts mceling cr ns hearing. such person must-ensu.re lnat a veroatim record of the proceedfngs ks made, wilt: h. record tncludes the t~brnony anti evidenceupoil Yr1'11Ct1 the-appeal .s; lobe baset:l Tl1tS noi-K:e does not C<Xlslitute CTJJJsent by the Citv fl;l( the lntmductl(l'l oc &~mission of olherwt&e fnadmtSsi>ll!l Cl" lffBievant IMdrmca, n[J" '11-()e$ rt aulhorlle c:na~lenqes or appeals not orherwise alk>we"ll by la:w .. To reqtJe.st this material in ac-ces.s1Dte-format, s1gn langua.IJe interpretttrs, il'lformat~on £ll'l ar;ces..'), for perscns w1!h C~:;abilit1cs andlm any .accommo4l.atKm to review .an~ documer.t or participate in any Crty-sponsorBd procaedin!], piB'asB' conlar.t us 11Ye daws 111 ad¥aRce at \305)673·7411(\'aico, or nY Ll'l<rs may aiSil call t'e Florida Re~y SefVice at 711. Ad 11644 COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment modifying the regulations for hotel uses within the West Avenue corridor in the RM-2 and RM-3 districts. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: SECOND READING The proposed Ordinance would modify the regulations for hotel uses within the West Avenue corridor in the RM-2 and RM-3 districts. The City Commission approved the Ordinance at First Reading on September 11, 2013 and set a Second Reading Public Hearing for October 16, 2013. The Administration recommends that the Ci Commission ado t the Ordinance. Advisory 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 Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney . S1 n-Offs: Department Director T:\AGENDA\2013\0ctober 16\West Ave Hotel Uses-SUM 2nd Re d.docx MIAMI BEACH 537 AGENDA ITEM --~.R..:..S.:;__;:E~_ DATE (0 ... 16-/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 the Cbion I FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SECOND READING SUBJECT: West Avenue Hotel Uses AN ORDINANCE OF THE MAYOR NO 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 Adopt the Ordinance. 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. On September 11, 2013, the City Commission approved the Ordinance at First Reading and set a Second Reading Public Hearing for October 16, 2013. 538 Commission Memorandum West Avenue Hotel Uses October 16, 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 17 1h 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, 539 Commission Memorandum West Avenue Hotel Uses October 16, 2013 due to the substantial investment in the property. Page 3of4 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 in 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 540 Commission Memorandum West Avenue Hotel Uses October 16, 2013 Page 4 of4 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 adopt the subject Ordinance. JLM/JMJJbtrrRM T:IAGENDA\2013\0ctober 16\West Avenue Hotel Uses MEMO 2nd Read.docx 541 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 PREEMPTION 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 542 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, or (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 543 "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 1 00 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, or (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. 544 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 09/27/2013 MAYOR T:\AGENDA\2013\0ctober 16\West Avenue Hotel Uses ORDINANCE 2nd Read.docx 545 CUTION U1 ~ 0) X MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBliC HEARINGS NE THURSDAY. OCTOBER 3, 2013 I 19NE NOTICE IS HEREBY giVen 1hrat public; hHanngs will be helll by lht: Map and City Commission of the Cit\' of Miami Beach, Florida, in the CommiSsion DlamDers, 3rd Floor, City Hall, 1700 Conventloo Cellter OrNe, Miamj Beach, Flonda, oo WadflBSday, Oct.ob8r 16,2013 to considef the lollowing: 11l:10a.m. A A.e~t.ltiln k~ptln-g The H11rotnme(l(lat)On 01 The ctrw~ Flnanl;e hd CM-,w1dlo PT~Ktll CoolmlsWl -Gommltt-11tt ["fCWPC:"); Apprortln~ kld Aiii'IOtiZII'IIJ The Mayor Md Otw Cle~ To E:UtuleA New Lease ~eemenl Bfbw.ttrt Thl Crty .8/ld Alpha 22, LU:: ~'"Tttnanl") And The C~. For A Term Of 9 Ye.ars And 364 .Q.alrl,lnvoMI'lljl Tlw IJGa Of 2,216 Scpare fellf Of Clly-OoYn&d ~Property, tout6d N 22 WWW.ngton Alleilll!', ~acontlo ~ltll\g Re:W!LK,am Sprlict-loc-11t-1d A.t 616 Commll9ce Streel, Mloml ~tlllel'l, ~cdda 3:3139 (Sp..:8), loBe Ultt:IAs Outdoor cate, Corlclft•MWIUlltt. LMeA.liM Of,....,fl41lnlng RI!Staurant; And furtnm Walvln9. By~ Sfitl'l Vo1e, I he Ccmpeti'ti.-e Billflng Requlremunl., Flndin-11 Su:::h Walvtlrlo B-e In Th11 Brrat ln-tera!ll: 0, Th• Ptlllllr: lll:JOa.m. An Ollin:ra funMrlng Tfoe ('Lio,'loll Of TM CitY Of MIN'ri1 B~tlllj Anwndlng ~r 6-2, Enbll-Jd "H"'IIIill HllaWnll,'" Br AmD'fllilllil Mk:t~ R, fnlilled -flj:!I!'J"'mifWjM," By ~ndlng (JM!ldn 3., {rmt!MI ·~~"*.. "p.,t.A44ing s.;, tl2-~ TIU R~r. Tillll Fttlilfn11 ()( Ndi~ In E~"Y PI~ Of Emf*lYIIQBnt, PIJI>I!i:: ~l'l'l~, liCIUIIOil kwmi'J'lOdatioo. h'ld at, FacWtyThat Falls Subject Jo The HlmM R~ Ordirw1ctllndic!llng Thll ~ SuoslanM P'I'D'II'i&lcn 01 Tt. Human Nghts 01hnce ThB Pia::& Ylhm1 ComplolrD May Be ~ed,.tnd Stldl Olher lnb'mabon It!. The 0tr ot Ml.lm1 Sa.actr Ollems. Par1inefrt; .PIO!il(jng Far Enlore~meflll P-rocedures .And F'roliidlng fu S....nbllofty. ~ .lfld M Effedlv• Oa~ 11;10a.OI. Palrnl&wttllbl~ An O!dlnanct AAiendlng1MLW Developm1111Rec~lll Qfll" Cfcy Colli!. By Amerulng Ch.lprer 1~2. '"t'.anlng Dmtr!cts.l.ri-d Re~ulabons: Wtit:;iell, '"Di51rtd: Re91J1aliaos,'" O+v•lilon 3, "-Resjdentia'l Multifamily !lslrlcta," Slildiril.im IV, "AM-~ Rssldentlal Multifamily, Me(JiLIJI ~nlmsl1y,"To Umit l'btel5-h. Htrelll8ft• ProiNirilld In Tl'M:I ~lm 'Jl~ COO'kbtltolho!l• bliitlngA! Of Mil'; 28,l01'J; Uellnlng Th• "aim View ConiOK Aa Nl ~oper~es ht11Ating The"We5-t Sldllil Or Mendia.n ""enue Between 17ttl SlifE-tAAd Ct'l!llm-canal; ~nfnii111"tt Rlit1tl 01 Elllstlng Huttllfvj b11lll Con'lormiflQ Us~s; f10 Exdl.idl OutOOOr' Entertainment E!tabllshmonb.hld OutdQor Enhlrtainment Fmm Parmltted Hotel k:~oiiMOI)' !nM; To Ad!! H01el8 Ad f'rdllbfted list Wrthln 1'he-i3ouular1.es. Of The Pillm View C001dor or The RM-2 Oilllrict; AcKoo-Medg~ng Stal11 .Pre-Emptfm. ~ Slvlrt Tarm A11ntal All~.llalirlr'd; P'r~~ng Rules Far Ctssat!On A11d Rewmptioo Oi Hotlil tl&ea. 11:20a.m. WestAiraooe Hotelt..ts.5 kl OrciiWlte Amendillg' 1hlt Lwtd Otwklpmlffl Rollgll'iitims C. The City Codl. By Ame...tif'IQ ctopte.r I ~2. ~lomrg ~!rids And Re~bORS.~ Mt'l"' II, "O!Sirict Fh•gUabcn>." Orwlllokm !. "'Reliiiden1al .... 1/tamlly Di:!trlcls." SUdvlslmiV, ~M-2 A.<lsWntial MitifamifV, M~$.!m lrteiDI'Iy": And 8y hneOOi~ Subdlvilloo V. "RM-3 fl~l'll:nti:tl MlfUI~mfw. rtghlntem.ty," T.ol.Jh'lit Ho.tei!J.As Hereioaner PrO¥'d~ In TheWestAv-m.~~~ Collilbr To TOO~ EmtirJ;;Jiv:. ~ M;ry 2S. 2013, ()~n~ Th~ W~A.venve ())'t10or M ll\a1.At" Borderf!diJy CdiU. CtH11 To 1hl N~Aibl Road To The East. Bisl:ayn~ :Bay To TheWe!lt McJ 6#1 Slreel To The Soull; OefrqThe Rights Of Exi&llng 1-Dle~k!.legal Conirl!'m1ng l.hes: To ErduM Ckltdoor En1trtmnment £stabBl'lments/IIVJ OlJlOOOI' Ertlettlilnment From PermiUad kOOtl kce:ssay Uses~ To Add jJmll!s kt.lt Prr:tlibited lbeWilhlnlhe ~Of The WMI: ...-orm l;onidor Of The Rl-'·2/lfld IUiti·J Oistric1s~.Aclcr0AIIedgl'lg Stata Prlf·fmptlorl Of Sh:lrtleffil Rental Aagulilllons;PmvldinvRUHSfu"C.ssabonllnd.AB8l.I~OIHal:ej IJ3e9 11:30a.m. ru.t-:3 Al:ctSMIY the 'SigM~ An Ordm!UIC&I\mendillg H1alarnl DePialopmenl R~gtAatioru. Of The Codll OtThe Cll'J -Of Miami Beach, By Amending CMpter 138, fnllUea MSI~ns." By AmemingArbcle I, EntiUe~ '"In Gelll'r~: By jl.mor~r!dt-ng Sectloo138-8 To Modfy Jhe Acce~oorv Use Sll,ll Fl~ql:irements For OceiWltroflt Bu~di~; ByAmerdng.ArtJcl:tl V, .Entlllmd "Sign rtegul&bom By Olstnct," Ely Amending Secboo ~3S·171To J.Wf)' T111 RtQLir•mer•l:i Fur Hute-hoMd Apartment Bo.nklings. Wltlln The RM·3 Olstricthld Bw Amending SKIIon 138· ~72 To Modify The Rtqulremenli for 1-klteliAlldAp.-lment BulldingsWitllin The FW-l [Xsb:lct. 11:40 a.m. An Onifl;lOC.t Ame11dlng Chapter lDO 01 The Miami ~nell Crty Cad,r. Fntm!'d "Sustain&Mit'ji: By Am11M1r.gA.1'dt ~I Entrtltd "'Enerqy ~conomic [}f'velopmf'rll Zorl!! P\lul P!u~<'.rn"To lrJC1ude Mialfll-!:ki~t! f.ot11ty''i Clf!!en etaini"S!! l"'..trtlfirabM 1115 ... MditiOf'lal Eliglbil!tlf l:rrteria To POIIlicipate in Ple En!IIJY Et::ulOO'Iic Oe~l~m-ent lane r,kM Pro~am~ Pr!lYid!Og fu S!Yitlilbi~l)r. Codif.catton. fl.lloplr<l!ie!. AndAr1 Effoctrve D.at~ 11;50a.m. Ao OrdiMf!C.f Am~W"~dinv Th111 Cod'l!l 01 ~ Cl1y Of Ltiami 911!.11(1"1, By ~n.too C~t~r so~., EnU.tl~d "floot», • B1 Am~n4in~ N'tld" ~1. ErruUtd "FioodptaJn MaflaQem$1l~ • Bw Mreoding DMsiDf'l1,~ntilJ~d "G.m!n~lly,•ey,lmendlng s~ S..-::JS, [ntltill!d •tJ$fjn~· ByA.m~\chng.AAd O.l~t:inQ C•rtain D~finl'tims Thell!li:l'l, ByAmiiMi11g Oivl!lon 2, [ntill!d ~G!rneraj Prew1110111, • By .tlnendng StK:tioo 54-38, E.ntiit&d "[}e-slgnalim Of Fl~ntl Athnl~strtiLOr"Tr. Destgnat& Jhe Budding Offieial,lnsto!ad OtThll tii.Jtldrng Olrldor,lts Thll Floodplain Adrnlrlslnii:DI; 81 Amanding DNhr.ion 3, FPIIitled •Ac~ministr!ldbn, • By Amo8Min!] Section 54-45, Entitle-d "Permit Pfote-du'•5" And Secilon 54·46, El'ltltled "lMJes And Aespoosib1litlt1s Of The Buildlnljll Dlr11Chl" Or Dlll~!lllll!tl" To ChWlge AIIBl.Jijdlng [}ir.ectnr R~leltU'Co!I!L Therein To The Floodplain Mmlnl5balor. Amemlng 0Mslcn4, Er~Ufted '"PrOYislona For Fbod ~ward Aeductloo"': 8~ Amending ::;BC'Iion !.4-•7, ENilJed "GenorBJ Eibndards:" Seclli01154-.ol8, Entitled ·s~cilic St.wldards." And SecHon 54·49, Entitle-d ·s~clfic Standardt f(lr A·ZOile'5 WtthCilfll3ase H!Joild Elor~vatitmArtd R'llgulalory Floodwa.,.s" To Modifv Cetlaln Aood HRra~ AeduetjM FV~stons; ~ Oekltll'l!l Th011 Pro\lis.lonsln Sectl011 54-50, fntllJ1d "SSiind<rrdi-For A·O lon•s'"; Br Amendill'g OIVIsloo 5, ffiUDed "IJtt'lal)::ifl Procedures," To Chornge AJj BUIIdrno Director Reler~n:eslher~m To ihe FlOodplain Admlnlsiialnr; Provl!llng Non·SUM!an!lvt', Cleneal fi.tVjstonS lhlooghOLJIArllele II Ol Chapter 54. 12:00p.m. 01~1\mlllll~ng ,.aml Bti<K=h Ctly r.oo.t ChapUt 8?, fnmlld '"I'UbOt:l'rllfl~.-ltWAIMndlt't;J~~ IVTMr~tntrtled ~H. In PulJijc Jtlg/)t·~·Wq; B~An1'1!'(114ing Seclldn82 383,En!i1Jed "fll'lllil: Fet; PMalt!MFor letePAymen.t!: ANNO! Flfllt;EII,'Anlotndng Si.bitdloo I.AJThlleoiTo-"ba.U Sidewalk Caf"e F•ufor Bu!!~s fioF'II or 63rc1 street, Th'~1 Md lmuril'llg Septembel 3Q, 2015And Aeqtir111!) A Eb1gel Al\alyWAnoi A~w ~ibe Clly AD"*tl:Stratlon ltt S.eplt'mOO 15,2015. 12:10p.m. FueAnd:Pdl~eSaJary[)rdOIIlCe .An Ordlnaoco! Amendi[)Q Ofdll~• N.o. 789, The .QU~ed £mpjoyees Salill)' Drdj~l!: [)f ll1e Cit)! m MRml Bled!, FJMM, ~ rrfttow3: In .ac.=orctance Wllh Ttl& Ne:gotlated CotiiiCtr'HI Bargaining .1\g:reiAII!il(:a. PrO"'i-dlng Fa Ttle Classlflwl:lorr> In Gro~ I, Piepr.~mented B'; Tho! fraterlllll Order Of PdiCe (rQP) WIU8m Nlchojs lodge No. B ,And ForThr ClMfttaUoru In~ Ill, 118JI're<~en.tad By The lnt..-nalJooaJ Asw::iab 01 Fire-FlitJte{~, (IAFF). Loe:al15~0. Efl•~tive Thll Ar~.t Pay Plllrbd tndlng In Octobar 01201-4, There Shall ile.l.n Acfoss The Bowd Cclsi:-Of-livln!IAdJU8Imari(CDLA,I Oflt.ee P~~~Cer1 ~%I, hid The Minimum And MIOOmum 01' E.acti Paw Range W1jl Nso Be ln:reased Ely Ttne Pt.urd (J%.t; Eftectlw ,.,.jl 1, 201 ~Md~ MflQditio:f!al :;1ep 0) To The Cl~ati~ 01 Polk:e otfiCI'r, S•ru~.d 01 Nn, Ue.ula~ 01 ~t:t Md Frfftitl1tf I. Re;l)ljl8ili1gAI llrdln.w:e:s In COOJlld. 12;20p.m. t.n:tass.l'io!dSalary Ordir.mca M lhl;~m:e ilrnandl~ On:IIJIITICIO No. t605, lh'llJnc!as:Sifte-1 Emptorew Salary Ordl~; .Aboll5hii'IU P~J Gridoe 1 Md P'iy ~adot 2; Mollllllng Utt: Cl~k:ii!)I;Jrr:j Of. G~ral s.etvas. [)l'edDr, Transport&llan kid CM::ulency MIVIIlge., Not~Qtt1611100d Sm4eo!s llrector, COmmun~ty/Eccrormc Dewdopment l)rtciQ', ClAVal Anilll &. TIUism Owetopmenl: Oi,llctol, Procu•mem ONI$100 Pl'tM,Intm"mat!Orl T~ (W!Wir, Plr~. CoOt Compliar« ~ OW'~.As*t:anl Piri'C1a' Pmru'lllllfTII»Mioo,~rvlce DeiY.y JQ~aQo8(, ~A!mciat11IAnd Plillc lnlocrn.dor. O'l'f'letr; EiftblishilgThe aas.sificiHoos OfJounsm, Wllntl Nhlnlvld [ccrom£ [)enlq)mlr~ Oiflctol, {)8fdr Bull~ Dlr edDr, Pr:orur•nnt Qtoednr, ~m!Jilm Technology Dlrorlx, Assiswt [)jreetor l'lum .. nesouus, llausir.g Md Comm..nty Owelopmeri Direcla,lrlra.tnJcbrt DiYtliioo Difecb",AasiFotwlt City fngine1r, Assl5tat Diredur Prwnmi!'.rt, Bulding Dperatlon!:l MIINper, lrMstig&tct S~erllscr,C.Ommllflitr:SOMCeSOI'IiilooOirectof.AdminiWoiltieSI!rwk:~Mirwg~~r.PIJblcs.ft~SptK:iiiiiPrajM.1tiCoordir.o00r,Prllpl'ftr lltwn1enarct/0perati~~ennte-ndent,Oirecto101TheO:ffici'OI'Comm~.l~SpiiiC~!illtt,PUblltsmtrM~mmiiBLK'II•lAnalu;l~~~~~~~~AnaiW£L,OIIir::~ Manager ~Cilf' Aflmley), VIsual CommUIIIeatlom Sp~IBIIst, Goni>tjUM!ComM~hiOO Aid-e, Ftnaiidal Anal)'s,, P\Jbdc: sahty f'a'tT(III Mm1ntwator. Senior l:iiS ~.llld ~·-s~~1'o'i1101; Aatlf)'nglhe Pcr,-oGrlldt ~~~ForTh!! Amstmt Olr&C'blt' f'wklng, Asslatant Diret1N Park&AndAssistaffl ~re~ta Rec:reatlorl CIIWS!fk:a!KQi.; And Eftectkre The Arstfurl f'aw f'111rlod En~ng In ~er 2014, lnr:r~Qiog TM Mlnhrmm ANI 1t1e M.ulmum or tiCh Pay Grade DyiiVe! P.er<:er1 (3"!.); A"td lirar1ting A11 Across T.he Board Cool Oll.MngAqU!I'Im~~rll ot Up To fu-f!e Pltrumrd (3%) FOf .My Ur.dasslfled EmpiO'fee Wh:Jse BaSI!! SaW) Does No1 Excee-d The Maldm~.rm Ol l he PRy Rii"'Q• fDf The Cclmpauble Joo 1illfl N:. Recommer1ded Bw TI1e 2o009 Condr-=w Classil\cabon AmJ Comp5nsadoo Sb.idy "ftly Sc&I!!Ba, SuDs.equenUv Am~ndad By SIN en Per"ant (7'%) lnJiu;tus'l "201 S, By The CoosU:1ant Aapealllg M Dr-d!ClflfiCn In Conflld 111uo1o Tho Miami Herald's deadline, Hillis itom Is dBIIIed. llloled, or wlilldrawo dorlng ftm rudlnt on Soj>llmbor JO, 2013, it will appear In lllis alhl;!rlioo)mont) 12;29 p.m. OlhmS.ir)IOrdiMXe An OrrlflllllCeAmendirlg Ordlrwn ~ 789, TheDassffied Ernployfts'S.IIa("1 ()ffirli.nce 01 Jhe Otr CX Mlam1 IJ.A:;h,fk{ida,Aa foluwe;PIIJ'Il~~ fa"Th~ Clarssitk.a:tklnslr1 l'ili'JLfl'lll, M:JI:RiprHU!IIfd8yA CoMedllle BargatM'Ig UI'III:AM COmJno:lrttReletttiiTOA:s "~!!.";Amending All Oflhl! PayGrade:lltyAbollahing"Pay Gr11~e 1; Elilablidling The Cia~~ Oj firl-ln!;pector I And SMIMIII.Aecea!kriAidt; kid EtroYD'tfllhe RI'RI ful!ll"'ly F"enod E.Mmg In October 2014, lmeasilg lhe Mlllmmn And The Miixlrnum 01' Each PII'J Grade. BJThr• Pereerd (3%.kAnd l:irllll'trnghl.Acoss The Boatd Coos~ Of LMng~tmenl 01 Up To Tint Perunt (3%f for ArTy ftOtt!ers" E:mplo)"N Whol.e a..e Salary Does NQt Exceed The MaiQIIJ',Jm OfThB Pay Range For Thll Compaablle Job-Tltle Ita P.ecomrnenoed By 'The 2009 Conctey Ctuslf\ceboo kid Compmsa1oo Studj "PQ &alll! B" AAd Sl.ibU~rl~ Atnl!ll'ld~(l BY s'"" P.rt•tJt PAo lfl~ 2013 Pylh• CoiWJ!taft; R.e-pMin" !\II Ouilnancts In Cor~llct. (Due to The Miami Herald's deadline, if this itam I& danied1 tabl&d, or wilhdr11wn. during firSt ns.ading on September 301 2013. it will appear In IIIIa adiiBftisement) INlERESifO ?ARTlES .are in~I1M to appear .at this meetiog,l)l' :be represented tJy ;;:m.agent. or to express thei" views In writing addressed to the City Commission, tic the City Clerk, 1700 Convention C11nter Drive, 1st Floor, City Hall, Miami Beacn. Flor'ida 33139. ~ies of these Items are available fDr public inspeclim during normaJ business n01.1rs 1n the City Clerk's Qtflce, 1700 Con11ent100 Center Dno;oe, lSI fOO', City Hall, M1ami Beach, Rorida 33139. This: meeting, or .any iiem herein, ma-y be continued, and under such clrcumstances addiliooallegarl notice will not be pro~ded. Rafael E. Gr111111do, C~ Clerlt c.,. o1 M~ml Beadl Pursuant to Sect100 286.0105, Ail. Stat.. the City hereby adooises the publk: l:hal if .a persDn decides to appeal any tlccisb\ made b~ the Citv CommiSsion wKh respect to any matter oonsloered at~ meetin.QI or Its hearilg, such person must eJ'IS(.Ite !hat a 11erbaUrn record ol the proceedings is made, which reca<l includes the testimony and e\'ldence upon which the appeal: Is to be based. Tills noUce does not constitvte coosent tJy lhe C1ty foc the 1ntroduclim or adrnissm or [)thllrwlli8 ~admjst>ltd& or iralevant ew-1r1ence, nlll' does II atJillorize d!.allenges or appeals not ntherwise anowerl by law To request this material In access1tlle knrnat, sign language Interpreters, infom13tion on access for persons w~h disabilities and/or .aoy accommodab.1n to review an-y OOcument m part1c~pate in any City-s.ponsored pmceeding, pl.ea.s.e contact LJS. live d~v;S 111 actiance at (305)673·741\(vOice) or m """'s may also calli he Fk,.da Relay Service at 711 Ad ie44 COMMISSION ITEM SUMMARY Condensed Title: Ordinance Amendment modifying the signage regulations for bay front buildin s and oceanfront buildin s located in the RM-3 district. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: SECOND READING The proposed Ordinance would modify the signage regulations for bay front buildings and oceanfront buildings located in the RM-3 district. The City Commission approved the Ordinance at First Reading on September 11, 2013 and set a Second Reading Public Hearing for October 16, 2013. The Administration recommends that the Cit Commission ado t the Ordinance Advisory Board Recommendation: On July 23, 2013, the Planning Board transmitted the subject Ordinance to the City Commission by a vote of 6-0. On October 8, 2013, the Historic Preservation Board is scheduled to review the subject Ordinance. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney . ·, T:\AGENDA\2013\0ctober 16\RM3 Accessory Signage- G ·MIAMIBEACH AGENDA ITEM --LR..l..S::;__F __ DATE JO-flr ( 3 547 tr:a MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beoch, Florido 33139, www,miamibeochfl.gov TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SECOND 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 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. On January 23, 2013, Planning Department staff proposed three (3) separate Ordinances to the Land Use Committee; these Ordinances pertained to: • RM-3 Accessory Use Signage 548 Commission Memorandum RM-3 AccesSOfY Use Signage October 16, 2013 • Accessory Setback Encroachments Page 2of 3 • Minimum Units Sizes for Historic Hotels and RM-2 Setback Requirements Each of these proposed Ordinances was referred to the Planning Board by the Land Use Committee on January 23, 2013, and by the City Commission on February 6, 2013. The proposal herein pertains to 'RM-3 Accessory Use Signage'. On September 11, 2013, the City Commission approved the Ordinance at First Reading and set a Second Reading for October 16, 2013. At the request of the City Commission, the Historic Preservation Board is scheduled to review the subject Ordinance on October 8, 2013. 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 multifamlly 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 549 Commission Memorandum RM-3 Accessory Use Sign age October 16, 2013 Ordinance submitted to the City Commission for First Reading. FISCAL IMPACT Page 3of 3 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 The Commission approved the subject Ordinance at First Reading on September 11, 2013. The Commission also directed the Administration to add language for 2nd Reading, which clarifies the required approvals of the Design Review and Historic Preservation Boards for larger, building identification signage. Such language has been added to the proposed Ordinance. The Commission also referred the item to the Historic Preservation Board for comments and feedback, since the vast majority of signs impacted by the subject Ordnance would be on buildings located within local historic districts. The Historic Preservation Board is scheduled to consider the Ordinance at their October 8, 2013 meeting, and the Administration will provide the feedback of the HP Board under separate cover. Subsequent to the approval at First Reading, the Administration realized a small oversight in the Ordinance, as it pertains to ground level, accessory use signs in the RPS-4 districts. Specifically, hotel and apartment uses in this district, such as the Bentley Hilton at First Street and Ocean Drive, contain accessory ground level retail, but the current code only permits one accessory use sign per site. The Administration forwarded a proposed change in the Ordinance to the South of Fifth Neighborhood Association (SOFNA), which would have extend the allowance of retail signage to hotels and apartments zoned RPS-4 , in the same manner as that afforded to RM-3 properties. SOFNA expressed concerns with the proposal and recommended that the provisions of the ordinance not be extended to the RPS-4 district. Therefore, the Administration has not included any language pertaining to an extension of the ground level retail signs for RPS-4 in the attached Ordinance. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. JLMIJMJ/RGL/TRM T:\AGENDA\2013\0ctober 16\RM3 Accessory Signage-MEM 2nd Read.docx 550 RM-3 PRINCIPAL AND 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, "SIGNS," BY AMENDING ARTICLE V, ~~siGN REGULATIONS BY DISTRICT," BY AMENDING SECTION 138-171, "GENERAL PROVISIONS," TO MODIFY THE REQUIREMENTS FOR HOTELS AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT, AND BY AMENDING SECTION 138-172, "SCHEDULE OF SIGN REGULATIONS FOR PRINCIPAL USE SIGNS," 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. * * * (h) Oceanfront or Bayfront buildings shalt 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 location of the sign shall be approved tlf1€Je.f .Qy the design review process board or certificate of appropriateness process as applicable. In addition, one flat sign per 100 feet of lot width •nith copy limited to the advertisement of an accessory use is permitted. The maxiffium height of the sign shall not exceed 12 inches. * .. * 551 Section 138-172. Schedule of sign regulations for principal and accessory 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; ~ feet however, if sign is licensed aU Maximum RM-3 identifying the feet; the twent~ square Net-set back 20 feet accessory uses: size for R-PS 1 main permitted height of feet for every 50 J:l8FmitteEI from front property area of sign shall schools is R-PS2 uses for each the letters feet of linear ffi...tAe-line, area may be not exceed 75 30 square R-PS 3 street frontage. shall not frontage, or ~ increased to a percent of the feet. R-PS4 Unless exceed fraction thereof, Gi&tfiGt, 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 l=le•.tJe¥eF, iA tl:le indicating signs must front permitted shall not be pole signs may be RM d ElistFist GAiy prices. on a street in the located above repaired only as eetasl:leEI 3.An however, RM-3 the ground floor. provided in_ assesseF¥ si§AS exterior multiQie st[eet district. exceg_t in hotels section 138-10. aFe J:l9Fmittee. For directory front facing Not and ag_artment Notwithstanding hotels and sign, signs for the permitted buildings within the above, a a1:1artment 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 aQartment signs in hotels perimeter wall street front facing square feet, building within and a12artment shall be limited to flat sign Qer 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 accesso[Y use licensed Qermitted shall be limited to comply with the facing or having uses within through the to the 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; ag_J2rOQriateness en com 12asses height and size of for ever:y 50 feet of sign 12rocess as the largest the monument linear frontage, or material ag]21icable if the amount of floor structure shall be fraction thereof, UQ 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, multig_le subject to maximum size district, and provided herein. In street front facing approval Qermitted under subject to the the RO districts, signs for the same through the this subsection. review and sign area shall not licensed design al;!j2roval of the exceed 10 square accessor! use of review Design Review feet, and the oceanfront hotel process. Board or monument and a1;1artment Historic structure shall not buildings within Preservation exceed five (5) the RM-3 district Board, as feet in height. may be Qermitted 3Qj21icable, one through the design building review or identification certificate of sign for hotels ag_g_roQriateness and aQartment Qrocess as buildings two aQ(llicable if the stories or aggregate sign higher, located area does not on the 12ara12et exceed the facing a street, maximum size is Qermitted with Qermitted under an area not to exceed one 552 b!ercent of the this subsection. wall area on which it is [!laced. Corner buildings rna~ 12rovide one combined sign instead of the two 12ermitted 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. 553 PASSED AND ADOPTED this __ day of-------' 2013. ATIEST: CITY CLERK First Reading: September 11, 2013 Second Reading: October 16, 2013 Verified by:---~-~-~--- Richard G. Lorber, AICP, LEED AP Acting Planning Director Strike Thru denotes deleted language Underscore denotes new language MAYOR Bold denotes language added subsequent to First Reading 09/30/2013 T:IAGENDA\2013\0ctober 16\RM3 Principal and Accessory Signage-ORO 2nd Read-REVISED.docx 554 U'l U'l U'l .\"I MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NE THURSDAY. OCTOBER 3, 2013 I 19NE N'OlfCE tsHEFIUY given that pub~•G heat1ngs will be lleld by the Mavrx and CityComm~sslon ol1he Cdy of Miafnl Eleadl, FI:Jrida, in 1he Commi:ssion Chambers.3-rl1 FIOOI', City Half, 1700 Convenbm Center Drive, Miami Beactl, Floflda, onWednesdaytOdober 16,2013 to oons.id-er the following: 11l:10a.m. ,.,fie!ID!llllon .atr:ep~no lhe Rw::rnmel"'lh.tlon or lht Clty'l Fl~ ~1d Cltywll:lf: Projectst.cml~~0(1 Gommtt1et ("fCWf'C"~"&JprOYingAAd AUitlMzmg ln.!~ Mayu' NJd ~{}' C\e1k Tu E•II'CiJifl A~ Lei1MAgre:emMI. B~fln Tne Cl~ hldNphl22, LLC ["Tena.rl1")hldThe Cltl-'.1'« AT.erm Of 9Y~taAAnd 36<1 Days, lmoMngTht Use Of 2,:1'1fi SqUI!rB F!nl Of Cltw-Or.inedV~t Propertv, Located AI Z2Wa&hlf{,Jton ~eooe,Adjacentl(l Extstin~ Restrunnt Spae~ ~ated At IIlii (;(lmmerce 'Stteel, t.kaml Beath, flonda 33139 fSpoc:1-~, To Be Used As Outd'W Cilll!, canetrnnl WMI Th! leas.o/U~ 01 Thf AdJOir"Pog RHt.aurarit;IVld F~rwa.J'oting, Ry A.Sfll~ \to:la, The Compe1J1i'le eiddlng R&quireml!lflt, Rndlng Such WaiYsr To Be In The Bulln.terest Dt The Public, 11l:JCa.m. Ar1 Cl'i1Mnet~l'l~lr.-~ OI'ThtCib or MamiSNtt!BrAnlc!rdngCI'\aptll:r 62,Entm.d "Hl.Jmll(1 ~IMilm," SVA.mc!t'ldlr'IQAI1de II,Enlitleii"DI'Kflmijnwti<w1,"8yAm'l!nding[ljyJ~I'l3,Ertttt!Ad ~~'l'ioi'IA," B'f'AddlpgStc.62·92loR~r'I!Ttle fVi1lnlj Offofotcn kl Enry PtiP:I Of[mp!Qyrn&tt,Pllblll:~~. Howing kwmmadalll:rt Md rJ1y rae~tty That fab Subject To The Hum., R!Qhis OJclnan::~lnclcailn,l Th1 Applicable Suilrulnlive PciM'*tm Of The HuiNI'I Algtls Orci"I"'<W:oi!, TIV Alee Where~ Miry Be Aled.Art:l Suc:h Other lrllom\.a1krl /Ia The City Of Meml Beach Deems Ptrt:lnert; PnNiding for Enkrc:emn PrtlCedllft .lod PtCMdlog for Senrabilly, Codilcatiookrd-M fflect!Ye Date-. 11:1~o.m. PWmViewtlctelllses An. OrrdJflilll(;e Armmdl11g lira Lard Oevelopmtml A~gY;.tlals 01The City Code, By Amendng Chapl;erlol2, '"Zoning iJol'iibk;b;And Regr.i.aUoo~.~ hilde II, '"Oiwlcl RllaLdatknl.," Dt'lisjon 3, "'A;e:sirRntlal Mltbfamlr, Ol•trldl," SWifwiaJon IV. "Rfd-2 RlsldlnUal Mlil::itamllv, ~-!!!dum lntensl~," Tc LJmll Hot'DisAs Hereroafter PrOYidad In TM PalmV1~ C0!'1100'lolho:lse Emllnuk Dt'M.q-26, 2013; !>etlnlrJgThe Plilm\1~r:omdor~AII Pr~ertles..wtongTI'I•WestSideOffder1-0ianA¥1i1L11'&lween 17th Street And OJIIII'ISC&Intl; DtfrnlnCTM RlolltSOf.EXIdltlg\-loleltAs Ltval Con:fcfmi:Jg l.!Me, Ty ExckDI OuldJorEnl~rblllmmiE&tsbllstlMentsWo...tdoor Entertai'lmenf Fmm P!rmmed Hctel k.r.~ 1..15!!.; loAtld HotelsA:iA Prtdlibd LJa.l' Wrtnln Tha8oundarits Of Thill Palm VIN Gorrldnr OITM h.,._2DI'!IU'd,; AcknOWI~ Stille-Pr1-Emptb1 01 Short T•., RerUI R~ati.:nl; Pr1wiii11Q Alot!!lfor GillsMtion-.vr RMUmptb'\ 01 H.:Jiel !JosH 11~20.a.m. Wt~Gt Avenue lbtell.lse& .l.rr -IJrdmarx;e Am-ardfiU The llllld Dw~bpmliHI: R.e~!~Uia11ons Of The C:.lt)l Code, Eti Amll'llding C:hilplll'r 142, "ZonlllQ Dllilrictl And P.•gul.atlunti," htic:le II. "Dist.ri-;:1 A11(1Uallors. • Dh'lsloo 3, "Resldeontl-11 Mo.itta.mlw Driilrlctl," SLbdiYisiurl N. "RM-2 Rnldential ~ltifumll~. Medium lnte-nsity"~.And Br Amer.Mg 5-utdlvisjen '/. "FIM-1 Flr.sj,denllel Mul'tjfamlly, 1-11!1111nlt1"1SilY: To Umrt fi..UII=Ii AP htrlfi~fh:tr Pr~ided In The WestAirenue Gorrldor To Tho~ E~~iiQ As {It M~W "i18, 20f3; D.rrnirrg T~ West Aven~.M~= Con'l4:lr As n~1 Area Bailk:rf'd By Go 111m tfllnal Tl1 Thot NDI"'h, Mtln RQad To TM E~. B~SW~yrw B~'l" lo The W~~AI1d 6tll Sb'l!~t l~ Th! Sdltt!); De'llnln~ The A.iQhls rlf ExisUnc 1-kltelg M legs! Conlllfmlng tJ:Ses; T.:l [~dude Outdoor ln~rtalnmellt Establi:St1meul!r.~~ Outooo!' f:nterlainm~nl From Pfl!'m1tl~d Htot~l Al:CISW)' Uses: TCI Add Hob Is As lt. Pr~lled Use Wiltli•l ll1e lkuldmi~::; Of lh~ Wc31 Avaooe Cr..rri~ Of The AM·:.! And: flM· 3 iJIStncts; AcltF'IOW~edgiog Stale .Pre Emplkln ot StutT~rm Rental A;e~atlllm; Provldlng RUes For CessatbJMd A.esumptlon lir Hotel Uses. . 11:JC a.m. RM-3 AtteHory ~ ~QMg8 An Ordilanc~ Amer.dftg Ttl!-Land [lewlopmenl AagulaliCor!S Oflhe CoG! 01The Ctty Of Miami Bea::l1, B)" Amanding Clo:lpter 13B, £mOM ""Signs," By Amend~ ....-me I, Eoot!ed •1n Gooeni," ByAmendiiJII Slldioo 118-8 To MOfifv Th! ~Use Slg1 Requirements ror Oe.ar.front Bull~a; By Amending Artk:le 11, EnbOed "SiQtl Re!lollaliiX!ri B~ Dil.tr!d," :e,..e.rnnllf Section 138-171 lo McdllyTJg R~.u-eNrts For HoteltMdAPwtm~ntBIIildlf¥ Witl1ln Tlrer RM"3 Di~d.And By.Amendi~ Section 13B-17~To Modify The ReQUiemtnls Fer Holelsllnd ,l,partmeli 8ullding1Wrttin n. RM l Dlslrlct 11:40a.m. Air or.rtMnr-~ Am~rvtng Chapter HJO or Tile M1aml aeach Grty Cclde, Entiii1-U --sustarrrablli~~ B~ Amendr~gArllr::le 1~ Fnntrrr1"tnt!rgw ErMM'IIC Ol!w~IIJ!)mof!nt larv Pilot Prc-gtam" To Include Miami-Dade Coi.Jll'(s Groen Su!i.lness Cer.lflr:ndoo A9 Arl Arldrtronal £1r;;:1bilriV Cnttrla 1o P~rt.i:lpate In The Ent~r'(W Ec0110mic Oe..-elopmenl lor&e Pifo( Pfuu1 a111. PIOwrdl'lg For S.evfmbil:ty; Codl11catJon, A.e~aJer; AM An [tteciFwe Date 11:50a.m. AA Onll~111 Am-M ~ ~ l)fJM cny Of MWr\1 ~fiCI'I, By Amel"'dog 0Ja~JIW 54.Etttitled "Fiool;h.," fl.~ .l,m~ng .-.md1-•• E~d~d ·~lakl ~tmtl'lt," 8y Afnefl(flr.g 0Mwon I. Em~ "~y." 9t' Amo~~r41g SecOO'l !i4-3$, Er~t!U(I"~firV!:Iom" Brf AmHidtM A"'ld Oo!:t.e'IIOQ Cettu11. O.TIMI«rr Theuin; By Aln11ndlng llMsioo 2, EOO~ed "General ~.·By Amending Section 54-JB, Ert.tted "08'!lgnalion OJ FloodplariA.:Jmllistrata" To D8'5igoalll Thrl Building DffioiDI, l11!1'1!nd01 TM Building Olrectol,kl lhe Fl~ Mnrristrator, By Ameodil~ DMID1 3.Eiiitled ".lllmini!tration: 8y Amending Section. 54-45, Ent~Ded -~rmll: Procedl.na• And Secb:m M--46, Eriltlad "Dt.Jtiii:;_And Rnponslbllllla.'l Oi'The Bullttlng Olr!lclor Or Dr.!ignl-e" To Chlrlg1 All Bulldin.g OWector Re'l-arert.:IE> Thmil TQ The Floodplalf1 Ad~nlstrotor:; Amendng Oivi~ibn 4, Enmled "Prwislons For floc);l :Hillafd ReWctloo": By Amlllflding-Sectioo 54-47, Er~tifta~ ~Gflnerol S't.llndards," See{ioo 54·11.6. Ent1t1ed "Specific Staodanh," hid Secboo M·o19,lfllltl~d "SpecillL" Sl.tindaidtl. F.ar A·lDI'lesWithout'BIIStl Flood El~va'llmsMd RegLIIaiiDry Fl!:oo6.Yays" To Mcldrry Certain Flood H-uard RedLJctioo PrcMsloos, By De~ellngTh~ Pr'(l¥1$.IOOS1n Section 54·50, [nllllt~d "Standard'S Fot A·O lont!~~o", ByAmmdrnu DN~un 5 Enbtled "Var~ll!'ll;lil Procedures.," To O'lnrLgill PJI 8ulldlng ()jredor Reler.eoces T:hereln To The floodplainAdmlnlilrator; Prov1dtng Noir-Subslantl..-e, Clerlcnl RellisiDM lhrwgMIA:ArtiCb!lll or CMptet 54 11:00p.m. Ofdh'lllfl¢e Mlerodlng W.rnl SMch (.My Code Chapttr 62, EirWII!d "PubiK:: Property," By Amend!~ Midt IV ~rAOf Erri:UI~II "lhe:!l ~ F\Jblle Rl!#·3f·Wav.· {tf ~~ S«::Qn 82·383, Er'l~ "Perli111 Fee; hnolftln Fa LatA Paymel'ltei; Fl.evtfi!W (I' F!o~~," By A/l'l~flit~ ~ (AJ ltJert-01 To~~ Sidew;lllk ~· F1-. FD' ~zes North Of 63rd Sb't~et, Tiv~ ,v.d lrrlidlng ~ptt"Qiblt ~. 2015 And Requlr~ A ~et Mllylils And Revtew By lN aty Admlmtra'Oon By Septerrtwlr 15, 2015. 12:10p.rn. Fire kid Polic! Sa11110t.JM11Ce AA Drdirmce Amendll"'{) DrdiNiflee No 769, Tholl CllHifled EmployeMI SalarJ DrdlMI"Ce Of The City {If Miami Baa;ch. F100da,/la Follows~ tnk.c~Yri:n:lB Wltl'l Ttwl Negn-ttallld GoU-edlwe 8argsjnin{l,i,grl'emmt!, Prowtdl~ For lt. Claseificafkr.lll ~n Gr-oLtJ II, Ae-preserrt~d By 1M Fr.Urn.al (lrder Of PeAle'~ (f(l")W~II.am l'flcOOis LOO-ge Ho_ 8..,.And ForThl Classlnca.lioo:~ln GJ~ 111. Aepomerded By Th~ !ntemali:lnal Assedatlon or An1 FI-ghters, IWFJ.loca11510. Ht.acti~e Tile ,rst Pay PerJid Ending 111 Cc:tob111 Gf 201•. Thert~ ShaJj Be Arrkros.s l~e Soard Cost·Or·LMngAdjultment (COI.IJ or lhl~• fl(cent I3%),MdThe Minimlll'l hid MuimiJm Of £ach Pay Range Will Also Be ln:rnsed6ylinePm;ent(3%J;EfldvaAprll, 2015,A.d.di1'Qhr.Additionalstepd)ToTtro~~Cimflc:a'tlons ()! PollceOI'I'kef,S!J~tOtPoi~•.U.uti!IWTI OffdK:eArld firefil#l~ I,AI!pe<t~g~ O'dlM!Wilrr COI"'ftlct 1~20p.m. lllldmliedSirlary~ AA Or~ AmeoOIIllll etdr.an;e No. 11-05. Thl! lh::liHllfteod Empklyees Salary Ordirwx:e: .abolr311ng Pay Grade-1 h"ld f'q Gr-ade 2, Abolr:Jhlng Tilt UlliS!'IcaOona 01; Gell!Na" S.mtas Dhcta, T~bon krd Ct:ro...al'r!ncy ~Oif!r, Nelgi"'Ortw,.d ~~ l)~~ctor. ~muoitJ'/ECMO.n~c DtvllopJMll Q~. ~.II Affairs & Too.xism Dwelopm"l!rt DlriK1or, f'foo;l.Kem~t ()vi-~ ()ncb. h~mllli~1 'f~~elnll~ [lvl»on Dlrec-W, ~ Gompll-9~~ Vl¥1$1iM VW$t'lo"Jf,/13$1$Wr't ~ro!Jttol' ~ocurerner.t ~titln. S*J'IIC. DIWtry ~If, 01111:11 Asoodllt&l ~Public lniormhm.~«: £S'IMII:thin.g Tl!. Cle9511kat!M!I O'ITMM'I, Cuttual Attatra~ Ecr:JOOmlc Df'Wdlopme-11 011-ecl:ot, Dt:pLJW &Jiktlng Plrect.ll, f10CI.Jol'emflnt ~lr~ctor.lntormation T-eclln0b11Jf D.lr11ctor,Asr>i&tari Dlreciur Hlmnrl Attswll:~S, 11IHIIngArd f'.omiiUIIty Deve~~ment Dlreetor, ~m'rastnrtJ-e Oi'OG.IUI ~rector, As.ii5tanl: Clcy Englnur,AssliSiant Dl'e~ Plot1J111menl, Building Oparatlons Manor.ger, lnwr8tlgab" St.perviBIX, C:Om1lllll'llly S.Bf'lk:as DMsioo Dlr~clor, Mmi11l9.tra1ive Senolces Mlwoager, Publlc S.afety Spec:1al Proje~ts Coordinator, Proptl1y Moilrlt~flllll;;flf(lperatiurw S~~rlnttrnd~~ Dlretm-OrThlll Offlca Of tammurkoii!Jnl!.,l~rig Spsdalls!,JUII(: Si1My MDQ'IIm~11Wudg~1 ~it, PllrfurmKI AA~ S<:rJC~dullfl!l hW~l. Offi« Mana',l~r (CityAttomi'W),IJj$W.I CoolmwriCilllon& Sp.c-!all~t Cooatitueflio'Comml&sloo AldB, fiiili1Cial ,lm~, Plill~ 5at$ly f'~OliMmlr.i-MJ~, S~« GIS ANIY$t.M~ RKOrd$ Sl.{l*rVI101'; R.aijfyln.g Tn.t ray Gradl Change-FOI' D'IB.Assls1Bf11 ()(rector Plw"\Ung,~ tfrectlr Per~Arld43sialant DlreclOI" Aecr&a!Jori ~cations: AM Et1e(:ti'111! T_.,. Af*l F-1.1 P'Sy F"elkld Endir,g In OC'Io::ibtf 201 .. ,1oo.asng The MlrrrmYm~ The Ma;llmum 01 Ead1 Pa~ iirade Sylhtee P~rcera \3%); Md Gl'anllr\!l An .iter~ Th-e Board Co!.t Ofl.Mng.t.djustment Of kip To Three P8reefll (3%) For MJlJrJ::IWf1ed EmpJ&rrlllll Wtma Bast: S;Qy [bas ~t E:EeedThe M.u.Jmum 0! The Par P.insPe fa TN Co!nJWMie Job Tlde .A.1 Remmmend!d Bylhlll2009 Condrtf'/ t.lassifk:a'don.And Compelliaboo S1W,' •Pay Sc31e B", Sub&a'lpt(ltly AmflfKied By Seven Pr:rcent P'-l ikiAr.KJUII: 21JI3, B:ylhe ConSLIIaJt; Rotlpoealmg 1t11 OrdN'll:ft In l:or4!1ct (Due Ia The r.lomt Herald'a deadline. ~ 11\is ill!m Is llenied,lab!ed, ar wi11unwn d"~"~ mol reading oo Sep-30, 2013. it will appear In tills advertl......,tl U:29p.m. OH1are. Salar~ 01mn&nn Art Dldr-.an::e Amerr.dftlj Ordinance NQ. 7B9, n111 C'lasslhr~ EmpiDfec Sailr)' OrdllllflCe a The Cl1y Dl M~mllklach, Florid!!, ki FolfoW5; Pn.rwid~r"IQ Fo!' Th• Claaltb~n In Q'wp ...,, Not R•pr~/1Ud BW A toll-.:tiWI llllrglllnir.g lklh And Commonly Aeterrel'lfo As "Clthllrs"; Amf!'ndn~:~ All or Tho! Plfl Grallll! 9y Aboii!lhlnG-Par 6f~e I; Establl!ll~n~Th!r CIUsrti.cabls CltFkill 'ntptc1«1M4St~ Recr.atlooAIQ.,NrQErrectlv!Til~ AfEI'tfull :Paw Perlcld Emilng ~n October 201,,lrcr!a!llngTne Mlrimum.AndThe Maxlmu~ r:fEad'l Pay Grade,B)"ihree Percert (3%);MdGrantinghiAcrMTiw Soard Co.si.DflivlngAdjU!Ibm-nl.OfUpT.oThree Percent (3%1 F1:1 M; .. Ottre.rs" Employee Whri:Y: BMe Salarf Does Not&cl!ll!laThe Mu:IITllm Of The Pa~ ~t-or lhe CCimpifi~e Job Titlt f-4 Rtwmm~ndad Bylha 2009 Condrry Clas&ifil;ation And Compl!l'l&.1tlon Studr "Pay Scale B. AncS &Jbl.eoqLMnly Alnerid11d B-. S.V'IIfl Pel'C.fl~ 1% ~ h.lpt ~013 B~ TN eor.ub.rrt R!!pi,Wing Nt Ordln.an:es.ln ConMict (Due to The Mi-"i Hl!raldls deadline, If this ilrem is dmlocl, tabled, or wlltldrawn dwtng rnt reading on SaptBmbM' 30, 2013, it wil appear in this adver"ti:GMH!inl) lNTERESTtO PARTIES are invited 10 appear at thiS mee1ing, or be represente-e! D,-an agent PI" to express thear views in wrrtir~g addressed to the City Commkss-lon, clothe City Clerk, 1700 Ccw'l'ffln'boo Center Drtve, 151 Floor, Ctty Hall, M~mi ~. Fo-ida 33139. Copies of these Items are available lor public rnspec!ion during normal bmirmss hou~ .r.lhe City G.ler11':i Office, 1700 Convention Center Orlvt> 1st Floor, City Hall, Mwni Beach, Ronda 33139. Tt'ls meeii(IQ, or any item herein, may be coo.tirnred, i.llld u11~er sudl circumstances add:ltlonal jegal notice will no11J.e provided. Ralael E. Graoaoo. City Cieri< Ctty at M.ami Beach Pursuant to sect100 286.0105, Aa. Slat., 'ttle Crty l'lereby ad'!Me"S the publiC tnat d a persoo deddes to appeal an~ rlecislal made by the City Commi:!sm wrlh respect to any matter ax'!SkSered at tts meeting or IS heanng, swch poerson m\Jst e-nsUfe Ulat a vertat1m ret::OJC ot lhe proceedings is: made, which reaJ(d includl:l:S the leslimon-. and ew•dence upoo whil::h the appeal is to be tlased. Tills notiCe doos not conS1itute consent by ttle CUr lor the iniroductkwl Of adm~sion ot GtherwiS-e InadmiSSible or rrele.,ant e..,ldente, nll' dc.es rt alirhcl'ize chaleAges cw awea~ not olllerwlse alloWed b~ law. To request this motcrial in ~ccessil:lle format, sign lar1guage interpreters, u1fmmation on access for persons will! dlsatlllrties anll/or an;-accommodation to-re11iew any document or participate m any Crty-sponsored procoedmg, please cllnta.r.t us f1we 11ays in .td'lilllCe al (305) 673·7411(YOICe) orm osers ma~ also oall the FIOnaa Relay Se""' at 711. MIS-44 THIS PAGE INTENTIONALLY LEFT BLANK 556 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. Key Intended Outcome Supported: 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 place to run a business. Results were fairly similar across business zones. Item Summary/Recommendation: SECOND READING I PUBLIC HEARING 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 Bill879, 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 3126/12 was intended to keep the program simple and minimize the resources needed for implementation and administration of the program; to keep administration ofthe 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 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 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 of the 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 that the Mayor and City Commission approve a motion accepting the recommendation of the Neighborhood/Community Affairs Committee and adopt the revised Ordinance to include Miami-Dade County's Green Business Certification Program as eligibility criteria to receive the EcoZone Program tax incentives. hborhood/Communi Affairs Committee, 6/26/2013. Financial Information: Source of Amount Account Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: As per City Charter, the Administration has reviewed the fiscal impact of this Code Amendment and found there to be no impact because no additional staffing or funds are required to implement this proQram. Clerk's Office Le islative Trackin City Manager \ City Manager I 557 i i AG~NDA ITEM __ f?_S_G-_ DATE 10-fb-13 <9 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 Me Jimmy L Morales, City Manager October 16, 2013 I bers of t~Cityc: c_ o:mmission I . . I """" . ~ .. 1-------. ~ECOND READING PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 100 OF THE MIAMI EACH 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. ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and City Commission approve a motion accepting the recommendation of the Neighborhood/Community Affairs Committee and adopt the revised Ordinance to include Miami-Dade County's Green Business Certification Program as eligibility criteria to receive the EcoZane Program tax incentives. FISCAL IMPACT As per City Charter, the Administration has reviewed the fiscal impact of this Code Amendment and found there to be no impact because no additional staffing or funds are required to implement this program. BACKGROUND In 2009, the Florida Legislature created the Energy Economic Zone pllot program Chapter 2009-89, Laws of Florida (House Bill 5013, 2009} far 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 jabs, 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 far 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 558 Commission Memorandum Energy Economic Zone Program (EcoZone) September 30, 2013 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. 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 applicants 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 559 Commission Memorandum Energy Economic Zone Program (EcoZone) September 30, 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 approve a motion accepting the recommendation of the Neighborhood/Community Affairs Committee and adopt the revised Ordinance to include Miami-Dade County's Green Business Certification Program as el~· · 'lity riteria to receive the EcoZone Program tax incentives. JLM/ 8/ F:\INF ALL\ L E ZONE\New Ordinance\Energy EcoMmic Zone-EcoZone Commission Memorandum 2013.docx 560 ------------------------------------------ ORDINANCE NO. 2013-__ _ AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 100 OF THE MIAMI BEACH CITY CODE, ENTITLED "SUSTAINABILITY," BY AMENDING ARTICLE II, ENTITLED "ENERGY ECONOMIC DEVELOPMENT ZONE PILOT PROGRAM" TO INCLUDE MIAMI-DADE COUNTY'S GREEN BUSINESS CERTIFICATION AS AN ADDITIONAL ELIGIBILITY CRITERIA TO PARTICIPATE IN THE ENERGY ECONOMIC DEVELOPMENT ZONE PILOT PROGRAM; 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 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 EEZ governing body to eligible businesses for EEZ incentives is $300,000 in any State fiscal year; and 561 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, and WHEREAS, the City's Energy Economic Development Zone Pilot Program ordinance was passed and adopted on March 26, 2012; and WHEREAS, the City's Neighborhood/Community Affairs Committee at its June 26, 2013 meeting approved incorporating Miami-Dade's Green Business Certification as an additional eligibility criteria to receive incentives in the City's Energy Economic Development Zone Pilot Program. 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: CHAPTER 1 00 -SUSTAINABI LITY * * * 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. 100-22. 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. 562 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. 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. 1 00-24. 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. 1 00-25. 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 563 {ii) the Leadership in Environmental and Energy Design Program, administered by the U.S. Green Building Council. .illD. the Green Business Certification Program. administered by Miami-Dade County. 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 rev1s1ons 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. 564 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. ATTEST: CITY CLERK First Reading: September 11, 2013 Second Reading: Underscore denotes new language. MAYOR Strikethrough denotes deleted language. F:\INFOI$ALL\HALL\ECOZONE\New Ordinance\Updated Ecozone Ordinance 2013.doc 565 APPROVED AS TO FORM AND LANGUAGE & FOR XECUTION Date U'l 0') 0') ~ MIAMI HERAlD I MiamiHerald.wm MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NE THURSDAY, OCTOBER 3, 2013 I 19NE NOTICE IS IIEREBYgiven that pu~lc llearings wit be held by the Ma)'ll(and Crty COOlmlssioo ol the City or Miamr Beach, Florida. in the CommiSSbn Chambers. 3r<l Ftoor. City Hall. t700Conventoo Center Orne. Miami Beach, Flomla, on Wed.--day, Od<lller16, 2m3 'o consJder the ~klwing: t0:10a.m. A. 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City Of Mla!ni 8~ Ely Amtn..'llng Qvtpte:r 62, EnDUed "Human ~fllatiolli," By Amandng Ntid111 M, &i:rlled •Discurlonatkln," B,'Ami!Mng OIVI'sitti'J 3, Entltlolld '1\tll-J(ations," Br Adding S.C. 62-i2To Require~ F'oltlno Of Notices In E11-ery Place Of Empl~llnt, PUblic: keomtr'IOd..clon, HouslnQ koomtncdabon,. Md Qly fatiUiy That Falls SWttcl liJ 1111-iobnoan Aigtlis Dr.CRince lndlcallrv The Appjicabte Substlirtlw'e ProY!sbl:i lM The H"urn.an ptjghl;a Drdllla!V, The Pl&e v.t.re ComplairD May 8! Flied, 1\rKj S.tdJ Olht:r lrrfamatlon .U lht D~ 0t Miami Bea;;h Dems Pertinent.; PtuwidJJ;l FcJo Enf~camanl Ptoctdt.lf~Aod F'rOYIOlng FOI' SH~~ttr. ~All..:! An E'f'l«<l"ve Llat~. 11:10a.m. ?almVIewliJ.bllllse$ Aro OttiliiWII::a Amendi~gTh~ L•nd O~AI(It)mem F\II~~II«AA /Jrlhlt CITt COde, By Amernlng CNptm 142, ~zoning Disllicb.hid ~gi.Mb~.~ Artld.! II, "Oiiti'JC'1 P.o(!QI.IIacitlfls,"l't~liioo 3, ,.lll!iJde11tJal ••~• • .lthmllr Di!iiblcla." Stirdl¥lsioolv, "RM·2 Residential Muldhlrnll)', Medium loC111nsily,"To Llmtt Ho'lel!k. HefelrliTttr l'rowldtd i1 Thl Palm View Corrida To Those! E•is~ngkl l1t Lllcy 28, 2013; blll'lnlnglhe P.atm ~Pill Colrid:lr As All Propertle!io AbU1tilli;llhtWI"B1 Side Qof MeridW1Awenue Betw~o11n 111tl Slr.mAnd Collins c.MI~ O.flri111,1Thll Ri~ or £xlstjng Hoteill As Ltgaj Gooformm.g UMs; To Exclude Ck.rt:door £nterta'\ment tmt.IIY\m.enb.tlld 0tt11c6r EnU:rtfllmentfrom hrmrtted HDtel.b:na:JII)' I.Jses; T'.l Md ~'Jiets.NIA Pntliblkd l...lsl Wllhln The 8cmdalles Of The P;tm View CorriDor otThe RM-2 O!Sibict.IJc.lo;nawl«<gi~SWe Pr•-fm!ftiall Df Sial Tum Aertal Poe~: Prll'llding ~s For Cnsation W fle.sunpboo or HotM Ul.t:a. 11:20a.m. Wnt lweooe Holel Uses N! Drdi~ Amelidr~g The Land Cle¥e-klpme~ Rlll~ul.dions Of 1ht Qtw Codt. ~Amending Chilpler 142, ~Zonlrg Distrir:b.kld 1\egl,ahons.,~ "rticle II, "Drstrict f\ei}Jia1Jons:" DIYision 3, "HnidoenUal r.\lllillllllly Distllr:b," Subr:hisum IV, "RM-2 Ras.ldentlal Multifam~, Mtd1um lnten~~.And By luneOOirrg Subdlvlaloo Vc "RM-3 ~e&ld$r1tial Mlltlfaml~. High lntem.Jty, • To limit Ho.telskl HereirmM:el P1o0V1dtd In The WestA'ier.ue~ COn1001 To TOOse ~Jisti11g 118 Of May 2B, 201 3; Defining ihe We51 Aoamte C.OOIOIY ~ lbat AJe.a BorOettd By tolllns C4nflt To Tl» ;NC(tti,AIIQn Road To Tfle Ell:!l!., Bl:scayne Bay Til The Wul "'"'d 61t) Street To The ~ De!lnlng Tt'lll! Rights Of blsbng Hota:lsh lsgW Conforming Uses; Tt~ E:rdudt Ou1-dooc FnUrrtolnment EsWllshmentEIAAa Du100or Entertaln:mtnt Fr001 PerlfliHtd Hob-1 !v;cesaay lJ~tB~ To Add HalelshJA. PtatibHed lllleWfttllnThe Boundalie!. Of The ~!1 ~snue Ccnidor Qol ThLI RM-2AAd RM-3 Oib1rlct~: Adcoowlerlg.ing Stale P~e-Emp11on Of Shxt Term ;Rental Regulations; PrcYidin9 Ruin Fer C...-aa~un Md Rasump~on Dr Hotel lJs~ 11:30a.m. RM-lAcctl6ti}UsllSignage An 0rdlllo11Y;.e Amending the land O.valopnlfl!n! Re~lim Of The Codr!: CtfT~ City Of !Liiaml8e9Ch, By Amending Ola~ter 118. [ntilfl!'d "Sigr5,• By PJn•ldng k1ldel. EnWtd "In C...-il: By Amerdng Sectlm 138-8 To Modtylhe kcessmy Use Slw'l RtCJI:remen~ For Oceantroot Br.dd~ll;IS. ByAmmlingJVtiLM V, Enti1h:d "Sign~egultJi'lotrs~~~" ByAmrrullngS«:tton 1:J.Il-171lo ~Tht Aeqt.Are-m.-bfortklt,lshldApartinen!Buidlfl.Q!SWl'f1,1r-.lht R.M-3 D~NI<I Byl\mei'JjlnQSeo::ti«<1'311J-172T'.l ~lhi: R.,_.emtfltsfor Hol.hldAprin~nt8ullding!JWI1JltiTJul RM-3 001-lct. 11:.40 a.OL An Ordinance: P.m~ndinq Chap,,!, 100 Of Thr Miami fit!ach Cil}l Cod!l-Entitled "Sustainabllity." Ay Amentll11o!JAr!ldB II Errtill.ed ~[r.erll'l' fconcm1r.: Devel~men1Zullfl f'1lot Program"T{llncluds Miami DRdll' CoL!lty's Gr11e11 Ru::~lnr.ss f.t!rtlflca~on A.sAn Add1Uonal Olqlbil~ Crr,eri~ T0 Partk;ipate In-Tl'e En~ug~ fconurni~: OBvelopmBnt .2one PIIQI f'f(lgfam, P'riJ\I,diO!I f'Qr Severa~~~. COOillcaiiOn, Re~e.aler, And An fffechve Da1~. 11:50a.m. Ar1 {lrdlnanc!-Amtndng: The Code ot fht Cit) (If Uiani 8ea:h,8yAmeming Chaptt<r 5-t, En1J11~~~Fioocb," ElyAmer.dlngArtide II, Entitled ~F!oodpl.am Yar\agemenl," 8yMl!ndiny OMsloo ~. EliiU111d "G~~n~~raly,"ByAmMirllng :S!d!M 54-35, Eriltlecl ~Eleflnitlon!" ByAmillrrd1ngAnd Oeltbng Ca1ain OafifltioosTheteill, ByAml!flding OIIJislon ~. fi!Wed "General P"rtMslons: 8y Amerdng Sectloo ~-38, Entrtlcd "IJellilgnatDn Of ~lcm /vjmlr&slrahl"" To OeslgJii.te Thtt Bwtdag. cmk:lal, !mtead OIThe Boll dang Dredof,As The fioodplu"IAdmnlw.tbx, ByArnlllldlrtg Divi&oo 3, EriiUed .. Adminlstratnn," By AmeOOng Sec11on 54·.e5,£ntilled "Perm.1 Pruced&l"u"' Ar1:1 'Sectl:ln ~-46, fntitled "().roes AnO fl.espomlbilltles. or Th~!! Elul'h:Jing tllrlldof CK Uesglllle" fg ~All Eklihinu On~ ~elerm:es. Tlleretn To The A~l"l klmkwstrator, .Ameodinv [hls1on <I, Enli!le<I·Pr~:sioot F'.lr Fbod Hlwl"d Reductia1", By Amendin-g Sectlm 5-4 -~7 EntJtled "f>l!neral Stanc!wds." SectJoo ~-48, ~nl:!thtd "Spo~~cjfj.:: SW!dar~,· Al~e$ Sectiorl5o4 49, fntitlea "SptCII'ic SllllndetM ForA-ZmesWilhol.JI Bas.l floodfl~ons .-nd R~l.aloly flaodwii(S"To Modi"tf C:&~l:aln flood Hazard ReG.Jcboo r>JlM~: ~ Dd~tmg 'nl~ PTO\II!kJM !n S«tlon 54c5Cl, El\lltlolld "Stand<rds For A-0 ~"; S.i' Amendin~;~ D!v1sloo 5, Enilleii"Vanance ProctdiXt<l," T{l C~~an~JeAU Duii(JIIlQ Dlrlldor Reietert;ei Ther1I11Ta TI1B Fl~lainAdministrat01; Providing ~-Sllbstanllv~. Qelical n~vil>il'lllS Throu~Mcle 1: 01 Crap.ti!r .54. 12:01Jp.m. Ordln«ritiil .amending. Miami Elotacl1 Clly Co!:1!1 Chapler 82, Entllied "Pu.lllll': Prl"lperty," 'By Amending Anldt IV There:ot lntnr&l'l "Uso!i!o In f>ubllc l'llg.ht-OT-Way.~ By A.n1111ndln~ Sectloo B:2-JS:;, Er1tltled "P11rmtt Fell: Pennl'tiiiS tor lat-e PaVm&nt!l; RI!Wiew ot F&e: By Amending Slbs.mjoo (A) Thenol To Abate Sid8'1'1'Bik Caf6 he~~ For B~iMW:s North Of fi3rd SIJI!e~ Tlv"ool,lh Nld lil::ludl11g Seple!OOBr :!0, 2015Aiw:l A-ll~rl11g A BWgolltlmlysis Md A-evltw BrThe Cltl Admlmstrallon 8y Sepblmber 15, ;2015. ,2:10p.m. F1u hid Na Sal.y OnJirwrcc MOfdi~AmerdngOrdioanu No 1ll9.Thlr Ckm&ifledEmpkJJ•II!ISaiat)IOrt"iimln Ofthl-Cl'tyOfMamiB.eat:h,fbiM,A.!r-r.~~:ln~Wia'!The Ne~tedtulledi'reBarlj,lillning,f.urnllleflbi,Pnl'l'idlnu Fu TlvCassificaOOm.ln~ I,Rapreae:rU:d Ellflhe frlill!llnaj OrdetOtPola(FOP)Wlliam HidlalsLodge No 8 ,kldFo(Tlle-Classlficatkmhr.~X.~pUI, ReprwenladByThllnlllllllltlalaiA=iuciillbl ()(Rre At,t1!ers, ~F).locai151.Q, Eftectivi!IThe Firs1PrftP.-kld ErP;-,.glnactooeror 2U1-t. TOI!Ire Shall BeAn.luOS5The Boa"dCoA-Cl1·LMnog,l4juWnd(CDLAI CHI .. e Percent C3%1,Andllw: Mj(ljf!:J.JI'J'INid:MaXimum orE.flef\f'wy Roogii'Will Also 8e h:reas.ed ~Tine Percent P%.), fftectlve ,a.,:.r~ 1, 20l!i,Addl~ .If! Addl~oflif ~'tep ~)To Tht Cl~ooa 01 ~b Offit:el, S.~llli. CH F-olk:~. L111•r.an1 Of Pnlk-11-.:r FIJal'lc,tttill' I, Fte~~M Drdlnan::e'! In C«<lllct. 12:2Qp.m. l.fN:Iassjli~td Salary Ordin&neo!l An Ordinan:oe Amendinog Orr:lnE111CI' No. 1005, The: lhclas:sfrled Empl(;,'~o!¢ 5aiNi' Ol'dii'lMCIII!; ,laboii!Stllng P,-tlratle J Md Pay llraO. 2; Abol~g 11111= Cl~llic:lltldltS ()f: Gerrral Semces Director, TrMSpOrt.Btlon And Concurrency MIIM.cer, No~~lgtiKlrhaod Slll'o'lc-~ts Oirectu, Commurltyl{conomlc Dev~apment lllr!!do". Culhnl Man11 & Jw15111 Dnelc,~mll!lli {)jf~. PmciJ'II:mel'lf Diiil~ Dlrt~ct,lnkll'matlon l'e.ei'WIIogy Dlvlsbn Dlret=IN, ~ l:Ompl...-.:=• ~~~oo Dlrector,Assistanl otro~~etu Procueme.r1 Diviaioo, Ser..t&.-e Delwery M.im.gl!ll, OffKII Aalc.c:i-ala l...wt Pllblk: lnl'orrnatlon Officer: Esiatjl~ The Classtflcallons 01 T01.11sm, Wturiiil Nhurt Md Economr~elc.pmeteatreckrr.OepulyB&IIalrJ;j Direcll:w",Procullllll:!i'rrtDi"ecta,lnbllla~mlednJogyfllr~~Assist.i:D1redof~h~Re:oo.JroeS,Houclng.MdCommwrttyOe¥elopmeni(Jirrc\:Jr,lnfrastr\.lcbnDrnsion Dhctor.~OOrbluirMer,Asldst.anO;rKiurPr~meri.&A4ngOpfr.m.r.st.tar.:ger,I~SCI~ S~. Commurity S.mces Oftolslorl Direct«, AdmiFllstra• Servlr:n M.rnagrer, F\tl•c Saktw Speocial f'rutectl: Coordnalat, Property t.b'lllenan::e/OoyetBti~ S\.rs~Attnt!MIInt, (liff!ct!Y 01 Tlwl Of'tlcf otf..anmi.I'K:all':ln!l, LM!i\g Sf'etilllis'l, ~k: sart-ey Man.agem~lklalylt, Plf'lllfln&'1collhld Sci"I!IOIAJIQ ~t, Offic-e M,jllilgl81 jtitv Mulneyl, Yi~ £anmr.Wt:a!Wd Spedllj~ f..lnlttluln.!!Gomn'JIBM Alile, Ftnruv:!al Malf'l, PubliC sa!'ety l"t!!jrre::l Adm1nlstrM, S!florGIS .e.r.atrst. W Rer:uds~misa; Rati¥ngThe Par Q-adi~ For The Assl;gtfi ~red!J" Pv'dnr;t. ADS'Iarn Oiredllr Pwts.MdAsslstant Director Rec:teabcln Cl-.rtlcatxu, Arxl Eltectire Ti)e A!Yt Full Pirf PeOOd E~doJ In October 201-., b:::rl!l.liiii1QThll Mlrimum Andlt. Mla:rmLm CW Each Pay GrM.e Bwlhrt~ .Pe~"Uft (3%./;Md Q-wrtingAn ~oss The Bon Coil Of lJYing.A4ullml!ll1t IX Up To Thin Perc«<t (3%) Fo! lfl1lhlassl'liltd EmplcyBIII wtme-Baal: Salar'r !lOes No1 Uct!tt!TM II!WIInum 01 The Pay~~~~ For Thll Cornp.v.lble JQO meN. Rec:ommended !lyThe 2009Coondrey Cliassil'ical!oo lti1d Compe.rutiun SWdy "Po~ Scale 8", Su!taaqua~ Amended By ~el'l Petei!nt [7%) In~ 2013, tlyltleJ C01'1$1.11Wt; Re~alinQAII Or4lnn" ~n CM~Ict. (Otlo to Tho Miami Harald'& deadline, if this item Is denied, tabled, or ...;thd....., during fl .. t roading on Seplllmber 3(), 201 J,lt wlll•ppear in this adVIII'ti&emllllt) 12:29 p.m. OthmSal;;ryOrd~~e M OrdSla"'CeAmendf19DfdiR!lf"CI! No-. 789, Thill~-' Employlllns.atyOtdiiMtl(:t OI'TM Q~ or M~m1 i3Mcti,Fiorl-da,.Asfoii!Wf:l: PrO'IIIdi~ FuThe Claa!Htati0115bl Q-~~. Hoi P.illpri!IMnted ByA.c-.c.IIIC1i'le s.guJr.ing UniiAnd CI:III\IIWtj RMerriHIToAs "c.htr!!.";AmendmgAII Of The Pay Grades~ AbollshlnvPiiY Grado 1; ~...-. ~bi."WJBOIF"!teflspectorlMd Seasr-lrW A.r:r:r!a!im.Aide;And Ettmv.eThll Fftlr~ PayPtOOdEndlng lnOctobe~201111,1raeaYtgThl!l Mnmi.IITlhld:The Uallmum OIEar:h p-.ya-a.s,Tt.-n Perc.rt (3%);/ndGI"anbr~gAIIAa-~JSSTile8oard Cost OfU'I'IngMju:!;lmttnotUpToTtve~ ~ (J.%) for Arrf "Other!. • Emp6ow111 'NI'Dslll Raw S;W.ary lll:le5l Nc1 Utted The Mulmum Oi The Pay Ra-.g~ FUI Tlv Com~~ .100 TII1tl M Recormnendoed By The 2CD9 COOdley ~ Mi.t ())~MilS~ "'f>a1 Scale B" And SUbMquenlty Amended~ ~lfffi Perctnl 7% In ,tuguJt 2Qt3: 8y The CoraJtart; ~peal1ng All Ouinanr:es In Cml\d. (Oue to The Miami He111ld's deldltne, if this illtm is dania:!, tlbled, or widu:lraiiiWI during fi«rt l'aading on S8{1tftmber' 3(], 2013, it will appea; in thi& adwrt!sement.) lrtTI::RE:SlEO PARTIES afe invileo to appear .al this meeli11g, or be repmmmted by an agent, or to eq1ress thel" views In wrltflg .addressed to the City Commission, clo tt1e City Cle~, 1700 conventiOn Center DrMl, 1 S1 Floor, Gity Hall, Miami Bead1, Florid !:I 33139. Copies of these Items are available for public inspec'loo during normal busl11ess hoors in the City "Clerk's OOice, 1700 Con\le.n1100 Cenrer Dnve, 1st floor, City Hall, Miami Beach, Roridil 33139. This meeting, or .any item herein, mal' be rof1tiflued, and under such crcumstances addiliooaiiH9311 nCJIIce will not be IJ(OviO&d. Rafael E. Granado, C<y Cieri< City of M1am1 Bead~. Pursuant to Sec'tl00286.0105, Fla. Stat, the City llereby adi1LS8& the putlhc that: If a person dec1des to appeal any t1ecisO'l made br 1he Crt~ Comm.ssioo with respect kO ~n.,-rnatter O'Xlskicred at its meetmg. or itJ hearM'lg, soch person must ensure trlat a -werbatim rewrtl ol the proccedi11gs Is made, wilich record includes tt1e testimoov and ev~oce upon whicll the appeal is to be llased. This: notice does nat constitute coo sent by the Cltw for ll'le lntroducnoo or admissoo of otherwiSe inaclmissttJ.fe or irrele-~nt elltdence, nor does it autrlorize challen.gas ()( appeals oot otllerwiSe allowed b-y law. To request this material in access•Oie format. sign language interpreters, information on access for persons wnh disabilities and/or .any accommodatiQn 1o revtew any dOC-ument or partiCjp.ate in any City~ sponsore-D proceellmg, p~ease wntad us five Ga-,s In advance at (305] 6/3·1411l\'OICe) or nv users may al.<n call ttle Fbnda H.elay Servrce at 711 Ad 11844 COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment modifying the City's Flood Plain Management Ordinance to incor orate minor chan es recommended b FEMA Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: SECOND 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 Second Readin . 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 Cl 2 3 OBPI Total Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact {at least 5 years} of this proposed legislative action. As the Amendment to the Ordinance is primarily a "clean-up" per the recommendations of FEMA, there is no financial impact. . JslatJve Trackm City Manager u MIAMI BEACH 567 AGENDA ITEM _...,RL...;;S"~H.__ DATE 10-lf,-{ ::t: ..... ,_ , . BE,L\CH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: October 16, 2013 SUBJECT: AN ORDINANCE OF THE MA RAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLOR DA, 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. 568 Commission Memo Re Amendment of Chapter 54, "Floods" October 16, 2013 Page 2 of 3 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. 569 Commission Memo Re Amendment of Chapter 54, "Floods" October 16, 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 amendi1t;9hapter 54, "Floods" on Second Reading. JLM/JJ/M~ Attachments T:IAGENDA\2013\Sept11\Fiood Ordinance Amendment-Memo.docx 570 Exhibit 1 571 -------------~ The Honorable Matti Herrera Bower Mayor, City ofMiami Beach J 700 Convention Center Drive ' Miami Beach, Florida 33139 December 20, 2012 U.S. Department of Ho.meland Serurlcy Region IV 3003 Clwnblee'fuclrer Road Atlanta, Ga 3 0341 FEMA Reference: National Flood Insurance Program (NFIP) Community Assistance Visit (CAV) Report of Findings Dear Mayor Bower: This is to provide you with tb.e 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 effectivenesj of :fl'*'dplain management and other programs the City implements to eliminate or reduce potc;titiall9ss of lives and property damage caused by flooding as part of the City's participation in. the NFIP. We appreciate the assistance, cooperation, professionalism, and hospitality of:Mr. Mohsen Jarahpour, Chief Building Inspector, during this visit. We commend the City for implementing more stringent development requirements in its floodplain management program. The City has achieved a. Class 6 rating in the NFIP's Community Rating System 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 II of Chapter 54 of its code of ordinances. A detailed review of these regulations revealed some sbortcommgs, which are described in Table 1 (enclosed). It is important that the City correct these shortcomings. Please provide us with a. revised ordinance correcting these shortcomings by March 1. 2013. Development permit procedures in the Special Flood Hazard Areas (SFHAs) We have reviewed the City's Building Department Policies and Procedures Manual, dated June 2&, 2011, prepared by JRD & Associates, Inc. This manual did not appear to have any www.fema.gov 572 Mayor Bower Page2 information on floodplain management program of the City (e.g. determination of flood zone and the base flood elevation, substantial improvement, substantial damage). We strongly encourage you to integrate the floodplain management aspects also into this manual. Elevation Certificates We have reviewed a total of26 elevation certificates. We commend you for the capabilities and diligence of your staff in reviewing the elevation certificates as we have found only three minor issues with them. These are: 1. 230 W. Rivo Alto Drive-Longitude needs to be ~~west" or "negative"; 2. 5245 Pinetree Drive-Longitude needs to be "West'' or "negative"; and 3. 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 shortco:mings for your record keeping. Eng!neered flood openings for floodprone enclosures in A-Zones Three structures are provided \lVith engineered flood openings to automatically equalize flood hydrostatic forces on walls. However, certification by Florida licensed professional engineer is not obtamed.. 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 Avenue 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 City's regulations as well as those of the NFIP require, a review of proposed alterations and/or improvements and determination. that such changes did not preclude this structure's continued designation as a historic structure is not maintained. Please provide us 'With this documentation by March 1, 2013. Review @d determination ofpotenti.al'-'substantial damage" Flood insmance claims data for the City of Miami Beach indicates that $22,169,572 was paid for 825 losses. There were 12 claims that were categorized as "substantial damage" claims. 573 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 docutnentation 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 s1ructures are described in Table 4 (enclosed). Please investigate these potential violations and provide us with your determinations with supporting documentation by March 29, 2013. We appreciate your diligence in providing us with the requested documentation by the target dates indicated. If you or your staff have any questions or require additional information, please call Prasad Inmula at (770) 220-8841 or e-mail at Prasad.Inmula@fem.a.dhs.gov. Enclosures ~'i,Jhnv<~ ~ ~ Susan W. Wilson, CFM, Chief Floodplain Management & Insurance Branch Mitigation Division 574 Table 1 City of Miami Beach (Miami-Dade County), Florida oo LQ. am anagemen r mance evtew 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 1 0-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25 percent of the market value of the building at the time of each such flood event. Substantial Delete the last part of the definition related to improvement a historic structure. 54-47 General 13 (b) Revise "Such" to "Such proposals". standards 54-48 Specific (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 princ!Jlal structure." (2) (b) Revise to: "The lowest floor of a I nonsubstantiallateral addition to a nonresidential structure shall be elevated or ..... · floodproofed to ·DO lower than the lowest floor ofthe principal structure." > (6) Revise "section 54-36 to section 54-37". (8) Revise "section 54w48 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". 575 Exhibit 2 576 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 ll of Chapter 54 of the Code of the City of Miami Beach, Florida is hereby amended as follows: 577 CHAPTER 54 FLOODS * * * ARTICLE II. Floodplain Management * * * DIVISION 1. Generally * * * Sec. 54-35. Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. * * * Addition (to an existing building) means any walled and roofed expansion to the perimeter or height of a building in which the addition is connected by a COR'lR'lon load bearing 'Nail other than a firewall. Any walled and roofeel aelelition which is connected by a fire\•Jall or is sef')aratea by inaependent perimeter load bearing '!Jails is new censtr~;Jctien. * * * Existing construction means, for the purposes of floodplain management, structures for which "the start of construction" commenced before DeceR'lber 12, 1 QQ2 September 29, 1972. For the purposes of determining rates, existing construction shall mean structures for which the "start of construction" commenced before DeceR'lber 12, 1 QQ2 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, 1 QQ2 September 29, 1972. * * * Flood boundary and floodvi.ay map (FBFM) R'leans the official R'lap of the city en which the Federal Emergency ManageR'lent Agency (FEMA) has delineates the areas of special flood hazard ana regulatory floodways. 2 578 Flood hazard bol:lRdal)' FRafJ (.ki=I-BM) means an 9fficial map of the city, issued by FEMA, where the boundaries of the areas of special flood hazard have been identified as only approximate zone 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 (SFWMD), or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. * * * Historic structure means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic or a district preliminarily determined by the Secretary to qualify as a registered historic district; or (c) Individually listed on the Florida Inventory of Historic Places, which has been approved by the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: 1. By the approved Florida program as determined by the Secretary of the Interior, or 2. Directly by the Secretary of the Interior; or 1.ru. Designated as an historic building, historic structure, or a contributing structure located within a local historic district, by the City of Miami Beach. * * * New construction means, for floodplain management purposes, any structure for which the "start of construction" commenced on or after December 12, 1 QQ2 September 29. 1972. The term also includes any subsequent improvements to such structures. For flood insurance 3 579 rates, structures for which the start of construction commenced on or after December 12, 1 QQ2 September 29, 1972, and includes any subsequent improvements to such structures. * * * Repetitive loss structure means a building that has incurred flood-related damages on two occasions during a 10-year period ending on the date of the event for which claim is made, on the average. 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 11 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. 4 580 -----------------~~~~~------------- 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 nat 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 floadproofed; (c) Certificate from a registered professional engineer or architect that the nonresidential floodpraofed 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 5 581 -~------- 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 b1:1ilding director or his/her designee floodplain administrator shall review the lowest floor and floodproofing elevation survey data submitted. The permit holder immediately and prior to further progressive work being permitted to proceed shall correct violations detected by such review. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project. Sec. 54-46. Duties and responsibilities of the building director or his!her designee floodplain administrator. Duties and responsibilities of the bllilding director or his/her designee floodplain administrator shall include, but are not 9e limited to: (1) Review permits to assure sites are reasonably safe from flooding; (2) Review all development permits to assure that the permit requirements of this article have been satisfied; (3) Require copies of additional federal, State of Florida, or local permits, especially as they relate to F.S. §§ 161.053, 320.8249, 32Q.g35Q 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 Commllnity 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); 6 582 (8) Review certified plans and specifications far compliance. When flaadpraofing is utilized far 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 sr 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 flaodway data have not been provided in accordance with section 54-37, the bblilding 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 FBFM with the requester, State of Florida, Cooperating Technical Partner. and FEMA; and ( 12) Where base flood elevation is utilized, obtain and maintain records of lowest floor and floodproofing elevations for new construction and substantial improvements in accordance with subsections 54-48(1) and (2), respectively. SECTION 4. That Division 4 of Article II of Chapter 54 of the Code of the City of Miami Beach is hereby amended as follows: DIVISION 4. Provisions for Flood Hazard Reduction * * * 7 583 ------------------- 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 54-4 7 and 54-49, shall apply: 8 584 (1) Residential construction. @1 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 feet aeeve 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). ta}.(Q.l The lowest floor of an addition to the nonsubstantial improvement of a residential structure shall be elevated to no lower than zero feet above the existing lowest finished floor elevation. (2) Nonresidential construction. @1 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. faj.(Q}The lowest floor of an addition to the nonsubstantial improvement of a commercial structure shall be elevated to no lower than zero Foot aeeve the existing lowest finished floor elevation. * * * (6) Standards for waterways with established base flood elevations, but without regulatory floodways. Located within the areas of special flood hazard established in section 54 Je 54-37, where streams exist for which base flood elevation data has been provided by the Federal Emer~ency Management A~ency FEMA without the delineation 9 585 of the regulatory floodway (zones AE and A1-30), 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 (FEMAt. * * * (8) {Seaward structures.} For all structures located seaward of the coastal construction control line (CCCL), the lowest floor of all new construction and substantial improvements shall be elevated to no lower than the 1 00-year flood elevation established by the Florida Department of Environmental Protection or by FEMA in accordance with section 54-37, whichever is higher. All nonelevation design requirements of section 54 48 54-51 shall apply. Sec. 54-49. Specific standards for A-zones without base flood elevations and regulatory floodways. Located within the areas of special flood hazard established in section 54-37, where there exist A-zones for which no base flood elevation data and regulatory floodway have been provided or designated by the Federal Emergency Management Agency FEMA, the following provisions shall apply: (1) Require standards of section 54-47.:. {2} Require that all new subdivision proposals and other proposed developments {including proposals for manufactured home parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, include within such proposals base flood elevation data. Standards set forth in section 54-48 shall apply. 10 586 (3) The building director or his/her designee floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, State of Florida, or any other source, in order to administer the provisions of this article. When such data is utilized, provisions of section 54-48 shall apply. The building director or his/her eesignee 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 Water Management Distriet 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. StaRdards for AO zones. Reserved. boeatee 'IJithin the areas of speeial flood hazard establishes in section 54 a7, are areas 8esignate8 as shallo•.v flooding areas. These aFeas have flood hazards associated with ease flood eepths of one to three feet, •uhere a clearly elefined ehannel does not exist ana the path of flooding is unpredictable ana ineeterminate; therefore, the following provisions, in addition to eivision 4, secaion 54 47, apply: 11 587 (1) All new construction and substantial improvements of residential structures in all AO zones shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the flood insurance rate map. If no flood depth number is specified, the lowest floor, including basement, shall be elevated to no less than two feet above the highest adjacent grade. (2) All ne•.v construction and substantial improvements of nonresidential structures ~ (a) Have the lov.'-Sst floor, inclueling basement, elevated above the highest adjacent grade at least as hi§h as the depth number specified in feet on the flood insurance rate lTiap. If no flood depth number is specified, the lowest floor, including basement, shall be elevated to at least two feet above the highest adjacent graele, or (b) Together with attendant utility anel sanitary facilities be completely floodproofed to no less than one foot above that level to meet the floodproofing standard Sj3ecified in subsection 54 50(2)(a). (3) Adequate drainage paths arounel structures shall be provieled on slopes to guiele water away from structures. (4) Fully enclosed areas below 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 54-47, 54-48 (except 54- 48(7))~ and 54-49~, and 54 50 (2) All new construction and substantial improvements in zones V1-V30, VE, and V (with BFE) shall be elevated on pilings or columns so that: (a) The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to no lower than the base flood elevation whether or not the structure contains a basement; and (b) The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of 12 588 wind and water loads acting simultaneously on all building components. Water loading will be those values associated with the base flood. Wind loading values will be those required by applicable State of Florida or local, if more stringent than those of the State of Florida, building standards. (c) For all structures located seaward of the coastal construction control line (CCCL), the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the 1 00-year flood elevation established by the Florida Department of Environmental Protection or the base flood elevation, whichever is the higher. (3) A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this section. (4) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures. The floodplain administrator shall maintain a record of all such information. (5) All new construction and substantial improvements shall be located landward of the reach of mean high tide. (6) Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by State of Florida or local codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: (a) Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and (b) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). The water loading 13 589 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). (10) Recreational vehicles placed on sites within zones VE, V1-V30, V (with base flood elevation) on the FIRM either: (a) Be on the site for fewer than 180 consecutive days; (b) Be fully licensed and ready for highway use (on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or (c) Meet the requirements of subsections 54-51 (2) through (8). (d) Prohibit the placement of recreational vehicles, except in an existing recreational vehicle park. Recreational vehicles placed on other sites in an existing recreational park must be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (on its wheels or jacking system, is attached to the site by quick disconnect type utilities and security devices, and has no permanently attached additions). 14 590 -------------·---------·-·---···-- 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 bblilc.:lin§ director or hisiher desi§nee 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; 15 591 --------- (2) The danger of life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (1 0) The expected heights, velocity, duration, rate of rise, and sediment of transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and ( 11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. Sec. 54-55. Conditions for variances. (1) Variances shall only be issued when there is: (a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would result in exceptional hardship; and (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (2) Variances shall only be issued upon a determination that the variance is the minimum necessary deviation from the requirements of this article. (3) The building director or his/her designee floodplain administrator shall maintain the records of all variance actions, including justification for their issuance or denial, and report such variances in the city's NFIP biennial re~ort or upon 16 592 request to FEMA and the State of Florida, Department of Cemm~nity Economic Opportunity .A.#airs, NFIP coordinating office. (4) Applicant shall take all necessary steps to have a building permit issued by the building department within a period of 18 months from the date of issued variance or it shall become null and void. Sec. 54-56. Variance notification. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that (1) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage, and (2) Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the b~ilding director er 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. 17 593 SECTION 8. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 9. EFFECTIVE DATE. This Ordinance shall take effect the ___ day of---------' 2013. PASSED and ADOPTED this ___ day of , 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK MATTI HERRERA BOWER MAYOR Underline denotes additions and stril<:e threllgh denotes deletions (Sponsored by Mayor Matti Herrera Bower) I I I '---· C:\Users\attocabs\Documents\Fioodplain Management Amending Chapter 54 FINAL 8-30-13.docx 18 594 Exhibit 3 I I ! I I I 595 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 (Q 0) Lt') "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. ,...... 0) Lt') 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. co 0) Lt') 54-46 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 Name Change. PerFEMA. In order to be consistent with the requirements of the Florida Building Code, the Floodplain 0) 0) Lt') 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 (1 )(a) and ( 1 )(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. 0 0 CD 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 54-3 7" 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 2010 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. I Current version refers to 1 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 I Building Director. Simple """'" 0 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 ]7 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 1 "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. N 0 CD 54-56 Variance Notification 54-57 Historic Variance Procedure Structures Page 18 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 Building Official or his/her designee and not Building Director. Simple "clean-up" language per City Attorney. No Change. M 0 CD en 0 ~ k MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NE THURSDAY, OCTOBER 3, 2013 I 19NE NO'IICE IS HEREBY giveo !hal public hearings will be held by the Ma110r aod City Commiss>Jn oll~e City of Miami Beach, Filrida,ln me Commosion Chambers, 3rd Floor, City Hall, 1700 Convontlon C.nler Df!Ve, Miami Beach, Fkmda, oo Wednesday, October 16,2013 to ooos1der tne folbWing: llt10 a.m. ~Re3Diulion kcepbng f~ Reo:ommenda.tloo 0111-. CUty'5 Ar~aro'i oWl Ci'lywjde PH~ects Gommissioo Comm!Oee ~"FCWPC"); ,l,ppri.Mngkld 1\utnorUing The Mayor AM City 0E-r1o: To f.xe.cute A New Leau,6qHmdl'll Blltween ~ ClfV Afld.l,lpt)l_ 22,LLC ("li!I~)Md n. City', IV A. T1rm Of 9 '!'~And :!.B-t Dap, lfm:Mil!;!The U5e Of ':!,<!16 Square Feet 01 Dtw·Chwnf.:I'V£0. F'roplrty, Luo.;;ollllld ~ 22W&hlr¢1n /tlier~re.MjacentTo Ex•stln-g Hestau.-rt Space loc:il•d At :8~6 CQmiMr~e Street, Waml Bt:adl, Florida 33139-(Space). To Sa U1td hJ Oub:bor Cafe, Coocll'rerttW. The L.ease~ orih~ AdjO!nll'lg fle$l.Jrilnt.Arl.:l fwtn.r W'lirin(l, By A ~ttl ~,Tile Ganp~Utir-e Bidding Req!Are-menr, Flnd1n11 SLJCh WawuTo-6f!lrt lt. 6-tlill h'l'hlf•li'l OfThti P'ublk;. 10:Jila,m • .4Jl OrliiWlCt .Amen.:lng The: C:OO. OfT he Clij 01' ... ami Buad1 Bw Amfi:Mng Chapter 62, [rontled "'tumall!Wia"llonll,' :By fllntlrldilli Mid• II, Emtled ·r:e.almll"o!!'Don,' Bw AN:ndlng-C»vv!llon 3, EntrUed '1\e~.abof'll,' By hiding SBC. 62 92 fo Re;:p.Jite: The Po&llng tw Notices In ~'lery ~~ Of Elflpll;l'Jmfill. Publk.Ac:l'm\~. ~ ~modatkln.I>M o.,-ffi(:JW1r Tlllt fall1 &ubltct fg Tlw Hum<~~ RluiiiB Drclrwa lnckatinu Tlw ~plicit"ole SubstlwltPte Pr~J¥~sions Of The Hu-rn.al Ri\fltl Otcln;n;;m-, Tt. Placal/lhare Coal~ JMy Be Filed. And SW1 Oth«lrlkwmab h. The City Dt Miami BM::h Deem& P"erunert; f'molidl"i! For Enklcemn Pm:edu"t~ And PrtMding FDr ~bility, r..octific!ltlcnA.ndAn Enecttvt Oa.te. 11:1Da.m. NmVII!WiiGtml.ISM An Ol"dlr'lant8Amending TM tand De ... ~lopml'lnt Aegulafiom. otlhe crry CoM, Sy Amenill)9 Chapter 142, HZoolng Oishil::b..And R~!Jih~~!O,• Arodt a. "OI:5UIC1 RfguJatK;m," D!'ft!IUJl 3, "ffnldenti.aJ MLitlfumlly Ols.VlttS," Si.JJdW~on IV, "RM-2 ResldtnUIJ MIJtJ1amily. Meclum Intensity," To llmll Hotels All Herejf111ter .FT.ovli:led In Thfl Palm View Coaioa To TI"Klla EiistingAF. 01 P.by 28, 2013; Defiling 1M Palm VIew Ccrri~ MAU frope-rtle& Abutt!Rg The West Side Of fk:ridlan Aveooe 8eiWMn 17th stt.eetAnd ClJIIjM Garull; Petning The RldJts Olfllsllng Hal.t!l'~ L~ Vorlftfmjng Utes, fo ExdlJdtl Outlla" Enlertalrunent EstabiBhmenb.Ao:f O-«door Entertalnmn From Permll1ed Hotellll;ceaorr Usn. T-uAdd -HolDieA:J.A PntlbitMI.J.Jse"Withln The Boundllri'L"!! {lj The Palm '1;1ew CorruQ· Of Thl" R.U-2 DWI:ric1;klr.mwledging State Pn-Empiton 01 Shorty.., Rerial Re.,..llthn; PrcMdng AWes Fa Ces&allonkld Reump&.-1 or 11o1e1 uws. 11:20a.m. West Ave;'luCI liWI Uses M Ordio81"JCe AmendngThlt land Ot~oi!IICJilment fi~!JI.ii~Uom Ot 1~ Cjty Cod•.IJJ' An111rtdlng C"h.1pter 1 .-2. ·1nn1ng Oisttkl:s o\rld RegLMatlons," Mlclt I, "015trlc1 R•~IAIItillfll,,• Diwhl.lun l, "Ril'slde:ntlal M\JIIf!lm~ Districts; Slb~"lilgniV ... RM·2 R~~ential WtJtamlly, Medium lntenslty': And Bl' Aml'rrdtng SLJJdiYIBioo lj, "RM-3 A-R~dentlal MultHamily, High lntsnail~," T-o Umil Hotels As ilerelnaAer PfU'IIfded In TM W.t!StAv.enue COrridor lo 10068 E,:.lsU.ng As ot MD~ 28., 2013; [)(!fi!Vlg The We!1Avenur Con"h~r lw ~ N•a &x"dttred By Cofllns GMallolllll:\t Nortn,Mofllbe<l "f..:J Th! Ea.d. B:liiCiYilt Barlgo Tt.Wt-sikld 5tl1 Str~etln The Soutl1; De11nJr1gThe R1ghts rn E1~1lQ Hotels~ Ll"~ Conformin-g IJ:ift; Tu E.tclud• Cl.itdotl" Enfllrtalnmem Estrillishments.And' Outdoor En~rtainment From F'Blm1tted f1ot81.kL'1!soor~ IJs.~s: ToAd~ Hote~s A.! A ProHblted Us.eW1!t"Mn I he Boondarles Of The West.Awlnt.Je GorriOor otThe RM-~ And RM-~ Vietfi.Cl$,ht.nowleduin~ State Pra-frop.~n or Stvl Tetlri FIMtll ~~; PrrNidlrlQ RIA~ For CeSiatiOil And Raump!M] Of Hotai U!ies 11:JOa.m. AM-3 Ac:o:I"!IOI)' Use SI!J"Iil'9o!l An Ordlnal:t:~ /Une!idlng The LaM ~ell)pmen1 Reg.ulatlom Orlhe CM:Ie 01 Thl Citw Of Miam11!each, B)' Amen-:lhg Chapter 13:!!, [n~Ued "SIQM.~ 8y Am1ndn~ Mklel. .Ertijjod "In [ie,neral>" By Ameni:IVIg ~etion 136-B To Mod~ The Ac~ Us. Sl~ A~qulrmen1s ~or Oefl:an'lronl B;l.llldlriQlS; flwAmrndlnoArdclll' II, Entitled ·Sl~n Reg•dab005 8y Diistricl" 8yhn11Mri!J Sedioo 138-171 To. I'Mdlf'l The Aeqi.Jrements For l-lolel.s AndApartmen18ulldings Wl1111n lfle RM-3 Oldrlct/u1d ~ Atrll"ildirt(l S~Mn 1:l-B·1l2 To r.odrfyTht RIIQIJftmMts. Ft~r ~le:1$M~ ~MtmMt 6i.Jddll'lgsWilh~ lh1 RM·S :l>i$tr~. 11:40a.m. r'\11 Onlir..,:ot: Amendln~ Olar1ol!l' 100 Of Ttl"' ~ami Beach City Code, Erltille.J ~SOJtii..UIJabllity: .Sy Nnendl'l.g Artjdot l1 ErtJ!Jed "Energv (C«<ImiC OevefO';lmenillKte Pilo-t Pio~alll"To rndL!de M~mi-DIIde Cocn!y's Green 9us!ne~ Certifica~:m (1a M Additional Ellgibll/iy Cr~terla TR Fl'~rtrip<l'le In Thr Enrr~ EcOt"Omic lh-11t'lopment 2:Gr,oef'uo1Pf09roilm; Pr0V1d.r1gFor S,...elabliJiy, ~klllln'l; fl,ep~iler~MdAn Enec!Jvt [)ate .. 11:50 a.m. AA OrdirltfiCI!Am~nciingThe Code 01'The Cfly Of ~ami Beach, :By Ammdflg ClliPfBr 54, Entitied "Flmds," By.AmerdngAttide II, Entitled "floodplain Mana.gemant; 8y Am~0011g Division I, f~ed "Geni'II'8~Y.~ ByArn!ndll'lg S.ctlon 54-:35, E.ntilltd "Definitions• Bw Amlnrlng AM (}.elf:11ng Certal'l Oel'inltlons ll"l*f•N"1; By A.mandillQ Piwl:loron II', l:.ntrjjtd ·a-net <Ill P"lo'lll~liM'\B," 8y .Am~:ndng Stetjon 54·38, Entnl~ "OoslgnatJOO Of Fluodplaln AdmWsbatur• To Dcsjgu>t~ Tr.~ Blilldlh~ Clmdal, lnsh-ad 01 The IJullding Dlr«tof,Atilhe Floodptakl Admllistra1a; l!rArnemlng-CIYillioo "3, Erlilled "Admlnlltrllllun." ByArnl."ndiiiiV Sectlm S-'1-45-, En~liart •foe mit ProcedLres" Md settioh 5.!1-46, Ehtltlud "Duti6s N~d Respanslbllrtles Dr The Bt~ld~ng DJrec~ Of 1)1-ajgnee• To oi;I'IM(II! ~I Btiii~Og Dlrl't;"kir Rilllei~l)::ll-9 TMfi!lr-Tr.lh$ FIOOdpll:lln Mrrflfllstr~bx; Amemlng DiY!s;ioo 4, Eo~tled "Provimii1S For Flood Hazan:l ReductJoo•; By AllllnOUlO Sedioo 5-4-47, EnU111td: ·~n~~r.al StaoiurC!I_" Sectlcn S4-4B. Entitlfd "S[Jacltlc Standaros.," Mo :Sfttloo ~-49, Entrtl1d "Spadlic Slanda'.c2J for A ionesWithM Base Flooo (levalloons.And Fl!g.tjator, fl~a~s"To Mudify CeJtain Flood H,;nard Redodlon f'rrw~SIMS; By Oelelllng rhe PrCNISions In Section 54-50, tntitlr:d" "StandArds Fo1 ,_G lonM", ByA~MIOQ D~$100 5, f:I'IUU.d "Ya/j.j~jn;;!! PflM!~!!i."TQ CllangtAII BIJ!Idf11g 004!tm" :References There1r1 To The fiQod.plaJnAdmlri,triklr; Prwl'li'lll Nm-5Wstanh'J1!, Clerical R4!1!ilslons Throu~Arucle I Of Chajrtlr 54. 12:00 p.m. Ordmance Amendlr.g Yle.ml Beach Cltw Code Chllpter 82". Emfljed "P'Ubl~ Prop111y," By Amendirg ~ ... tV Thu&OI Entitled "Uses In Pubic Ri!;.Dt-Of-Way: By Amendng SecDon. 82·38~. fnlll'l.ed "Pffrnt! Fee; Ptnan.es for tate Piftmentli; R~NiiM' ~ feoe, .. By Amerutng Stmtdlori W lhmal To .~bate Sidewalk CiU F..s fu BU"iiriiiS!ies North 0163rd Stnet, ThrOtl!tlhtd lnck./Qing Sepltmber 30, 2015And RequlrlnQA BWge1 Anaiy911 And Review fly The Qty Adml.nlstratlon BySe:p1amber 15,:2015. 12:10 p.m. Fim AAd Pollee Sal81'/ Orlirmce MOnJiliii'I:IAmtncing Ordlrllnce No. 789, The ClassffledEmpl~eesSM)!Ord~n.m;;eO!Tila Cllf Of Miami Bea:h, Flaida,kJFolloow!:lnAccmdanceWI1h HwNegotia.tadCdl.rt:Na !la"~r¥ngA{ne1811119,Pr-D'ttdlngFcrThe Classlfica.tlcnln Gnlupi,Rept .. nled8)1Ti"MI F~ OrdMOIA:&ti(FOP}Wiilarn NIChols lodge No.8 .. ~ For The ~<MifAb~iflGtoup II,Rlfli~ledByll'oe:lnt~~OtFn A!i«<n., (VIff)..Locall510; [fflli(.:bWJTIV: FVsi:Pay Pl!:r~£rd~ln.oetober Of20,ot,lt-reS!l46eAnklo..TheBoaru"Com:·O. lhi~~o!!hl(C(l.Aj~TII"n P«tefCP~.hldThf Mmih.lmlnl r.lulrrun 01 Eadl~ Alnge W•UArso Bt k'lerl!'iiBI!'d ~line P«cent (3%1; EfflidlveApri 1, 201S,Adclng AnMiitlonal Sti!'p UJlo Tl'le ClasSITICatlclr"ls. or Pl:llleti Officei',S«oeart ot f'I::Are, ll~uti"Mnl m l'rlltee M:i Fk~IM t. flepUtngAI Drd~"~m:;nln eon.nd. 12:20 p.m. IXtel.witl,d S!illlWJ' Ol"lli1Wlce M Ordinance Amendlllol OrcMnance No.. 1605, The lklclasaiHad Emplll'{em! Salary Dn:lmMee; Abolistlln.g Pay Grad-e 1 An.d Pay Grad!! 2; lbollshlng The Cl!lSSificblliOIIS or· Gllr.lral Serv£es Dreeror, TrarrspoD(tadon Arid Coneurrency Managat, N•191"Uofhood S.!IW:es DirelrtlX", Commurf'Yifecmmlc OI!IVelop.rMnt Oli!ctor, CIJitl..raJ Affa~rs & TW"Ism Oevelqlmrl.rt Dltectof, Proctnment Dlwlllon Cirectot,lnfwm;Pju] Teclni!JfW Divi5ion D1redur, Clld-e Cllmptlark:e Dl..a.oo Diiedof,AHstant OlrKim Proct.remanl DMIIioo, S:enil:-e Dlllw.,-Mlnlg•, CJIH\al:k&:x:lat-1111 And Publ~ Information otllcl"r, -Eata01isht1g The Clalisir~eatl...-s ot'Tuunsm. -c..ttural Allail'll And E~orromie Otwti(Jpfli'IIIIIDiiKb,~BiildlngO't~.PrCICUI'IIft"'l!:ntOII'~.InfOfm~"t!OOTKI"lfiOIQ'lJO.t'll(:tOr,~;tdOrJ~ fii.JI'IWIA.MOUIT:u.,I-W.HIIn.g~comm\.A"'ily~ei<Jpm~OUedot.~t~Director,~C"rEngri"INr.~swt[)lr~rPtCltUI'ti'Mfi.BullcJng~ef~Manllg-er,ln,.ntiuata" SJ..tl«vv!llii",Comm..nrwsi'INICHDMU!Dilcta'.Mn*watralivaSeMces.M.-nlger,PubleSafe~SpeciaJProjed!Coordinatr.r,f'rclpertyt.bnteoan::eJQp•aliu'IBSupollfintendMn,llnt'IDotlhi'IOificeOICommlricdons,L-easlngSop«l.alst,PudicSafttJMaregem~~!f.~AndSche-CkAr.g~omc Manager f(:lty Mb'ney), Vl.su&llAlm.ml..ll6cl!t"tioos Spec!EI~~ot. C-orat.ltul"oVCommluoo ~de, fuaWOII A.rlilt,m, Public SafelY PaynXI Mmlnlstr!kx,Senor GIS ~ArMI ~ SI(J-erWw"; Rallt,Ulg-The P2t CuD Cf1wo.c.e For 1M IWIIS"Iad Cllredor Porting. AasiUrt Dlflct." Plifb Nld Asliialtanl DirDt:ta Rlo:nallln Cas91ftca1iom; ~ Eft~ih'aTheAmFLII1 Plr;PirlodEndng-ln Octobet2014,We15-lr1gJhe htllimumAndThe Mali1~11111 or Each. Pay &"aOe~Threa Perceni(J%);MdGfallting f>llkross.The Bawd ec.tOIL.Mr.gAdiulilmlll1 OIUpTafuea Petcent(3%)foi'Nrf Unclassified Eml)loyeeWOOse BauS.ahn ~NotEH=.edTheMaxlmumO. TM PiiY Rang11= FOI Th~ toJr11J.atiibl~ Job 1i1J11 As Aeco-rrniNIIlded ~ TM 200!11 G.lndrt't' cta!Sinca~ "''h~ C<lmpen.ation. stu.;W "f'EIW S(;llle El:", SU~equeniiW IUflende~ By ~en ~~nt (7.., In~ 2013, 1!v TM ~; ReptaUngAR DrdiNR:es In Conl'ild. (DuB lo TUB Miami H8ral-d's dtiladlille. H lhiS itln'IIS 4eniedj tablltd1 Or wlthdt"awn during flr61 reading Ofl September 30, 201J.It wttl.appaar In 111111 ad¥8rti881T16nl) 12:2\i p.m. ~r~Sal.-yOrd!Nr~Cii M OrdiiB"'Ce Am-ending O.dr.ance ltl. 789> n. Classifie-d Empklyees Salary OrdilliiOCe ()flbfl Cl~ (Jj Mlom1 Beaetl, Fl-ond:L, kJ rofiWA· Prw.dinJ For Th1 tlasl;lfir.atl~n~ ~ ~!X41 \11, Hoi P.llprts~~nt!d 8y A CI:Wiectir.'l'l S.gainl~Jg~llolAnd Commorty R111tned lo N. "Oiheriiii"; Amlftding All t)f Thl: Pay Cmde:ISy ,Aboji!tling P!ry Gr~d• 1; Es~The CEmcatmOIFirelnspectorlh10 Seasoaa.!Rec:reatioflJ\Ide,kldEff«<lwlt. AratFuU PayP'eriodFndlr~g lnOctctJe,r 2D14,1ncr~tasln~;~The MtrJmum!tndlhe.Mil,ljmum Of Each Paw Giade,EJyTlnl! Pen:elll ~~tAI'tdGI'M1lngN!Acrosslhl!' IJoafdCQs:I.Oflh"I"'AdJI.Iitml"ntOfiJilToTtnehrcllll ~S%J foc /Wf "'hre" Emlii'-'W"e 'WJvM BMt: S~.ary J)o!!s Not E:«:Md Tl\8 Lkl;lmtrm c:N Th! "PaW .Range l-or 11'1111 O:,mpara~t Job m• M FI!ICOmmen~d B)' n.~ 2009 Gondr.ey Cla!Sitioeatlon And CO~prnsa~«J SIUdy"PaW Sc:al1 S .. And Sobatqtmntly Amended 8y Seven F\Br~nt 7% In .AugLJSt 2013. By Tht CMillltart; RepHIIng AJI Ordrl8.f1C:es ~r\ f.cnflld. (Ot>eiO The Mi•mi Herald's daadline, K !llisiiem Is denied, tabled, orwiU!do'awo during first rnadlng on Sep.....,.r:lll, 2C13, il will oppeor in ltio odvortisemenl) INTERESTED PARTIES are fwited to appear at thiS meeting. 01' be representad by an agettt. (I' lo elf,lress lheit views in wrtting addre-ssed to the Oty COmmisskln, C/o the City Clef"k, 1700 COO'o'E11tioo Center Drive, 1st Floor, City HaH. Miami Beacn. flontla 33139. COpies or tnese items are avanatJ.Ie fOI' ~lie inspecbon lil"llg normal busfless htus frt ltu: City Clerk's Office, 1700 Cooventioo Center Drlw:, 1st Floor, City Hall, M1ami Beactt, Aorida 33139. Thi'.l meetllg,a-any item herein, may be continued, and urn& sudJ circumstaoces .a.£1dilinallegal ootk::e wiN not be pro"'ded. Ratael E. GmnaOO, City Clerk City ofLtle-ml Beach Puntuan, lo Sectj()(l 286 .. 01 05, Fla. Stat, the Crty tle..-ecv &chises tt1e-public ttl.at: if a pefSOO oec1<1es to appeal ill1Y dec.f:lion made by U~e C!ly Commissioo with respect to any matter considered at lis meet1ng or its hearmg-, socho pen;oo ml.t5t Bl"l&d"e that a vetb.atim recad allhr:: proceedings tS made, \ldlich record incUdes the lesllmoo~ .and md-Hm;.fl upM .....t~a. the appeal ~ t.o be I:Ji:tsed. Tit~ notice does not coostltute coo-sent Oy tile Ctty for the introdt.tetion or admiSsion o1 otherwise rtadrni>.Sible {)( i"relev.mt evidence, noc does. it aulhCiize challenges or appeals no1 otherw~se allowed b~ ~w. To-re{luest this material in accessible format, stgn iartguage interpretttrs1 in.torrnation on access for perSOns wltl1 disabilities and/or any accammoodaticn to review any document or par1icipale in any Crty-spo-n.s.oreC pmceeUinQ, pleotse contact us ft11e days In ad'o'an.ce at (305) 673·7411(vOJCe) or TTY"'"" may also can lhe Florida f\olay Service at 711. Ad 11844 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 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. Key Intended Outcomes Supported: J N/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. 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 pr~ram be established for the square footage fee on sidewalk cafe permits issued for locations north of 63 Street THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SECOND READING PUBLIC HEARING. Advisory Board Recommendation: At its September 19, 2013 FCWPC meeting, the Committee's recommendation was to waive the sidewalk cafe fees, except for concurrency, and to bring the item back to the full Commission in October. Financial Information: Source of funds # Amount Account I I 1 Financial Impact Summary: Cit Clerk's Office Le islative Trackin Eric Carpenter, ext 6012 Si n-Offs: Department Director nt City Manager ETC MT T:\AGENDA\2013\0ctober 16\Sidewalk cafe ordinance amendment-SUMM.docx MfAMIBEACH 605 Approved anager JLM AGENDA nEM _R_$"--=J::::__- DATE IO-(b-13 -------------------------- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov TO: Mayor Matti Herrera Bower and M FROM: Jimmy L. Morales, City Manager DATE: October 16. 2013 COMMISSION MEMORANDUM the City Commission COND READING PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MA OR AND 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; PENAL TIES FOR LATE PAYMENTS; REVIEW OF FEE," BY AMENDING SUBSECTION {a) THEREOF 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 on Second Reading Public Hearing. 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 606 Sidewalk Cafe Ordinance Amendment-Memo October 16, 2013 Page 2 of 2 same year, the City Commission adopted Ordinance No. 2003-3423 on July 30, 2003 repealing the Sidewalk Cafe fee abatement provisions. At its July 19, 2013 meeting, the City Commission heard Item R9P, "A Discussion To Immediately Reinstate The Fee Waiver For Sidewalk Cafes ln 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. ln 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. At its September 19, 2013, the FCWPC Committee recommended that the sidewalk cafe fees be waived, except for concurrency, and to bring the item back to the full Commission in October. CONCLUSION The Administration recommends approving the Ordinance on Second Reading Public Hearing Attachments: City Code Chapter 82 draft Ordinance MT/~JJF T:IAGENDA\2013\0ctober 16\sidwalk cafe ordinance amendment· MEMO.docx 607 ORDINANCE NO.-------- 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 IV THEREOF, ENTITLED "USES IN PUBLIC RIGHT-OF-WAY," BY AMENDING SECTION 82-383, ENTITLED "PERMIT FEE; PENAL TIES FOR LATE PAYMENTS; REVIEW OF FEE," BY AMENDING SUBSECTION (a) THEREOF TO ABATE SIDEWALK CAFE FEES FOR BUSINESSES NORTH OF 63R 0 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. WHEREAS, currently, the City of Miami Beach does not charge Sidewalk Cafe fees to businesses situated on state roads; and WHEREAS, businesses located on City-owned roads are required to pay Sidewalk Cafe fees while their competitors directly across the street on State owned road are not required to pay because the City has no jurisdiction over these roadways; and WHEREAS, a potentially inequitable situation exists for businesses located on City- owned roads which are directly across the street from State roads; and WHEREAS, it is deemed in the best interest of the City to eliminate this inequitable situation by abating the Sidewalk Cafe fees for businesses located across the street from State roads through and including September 30, 2015, and requiring budget analysis and review by the City Administration by September 30, 2015, in order to determine whether the abatement should sunset on September 30, 2015 or should be extended by 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 Section 82-383, of Chapter 82 of the Miami Beach City Code is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY * * * ARTICLE IV. USES IN PUBLIC RIGHTS-OF-WAY * * * DIVISION 5. SIDEWALK CAFES * * * SUBDIVISION II. PERMIT * * * 608 Sec. 82-383. Permit fee; penalties for late payments; review of fee; exception: (a) The annual permit fee for operation of a sidewalk cafe shall be as set forth in appendix A, and shall be based on a per square foot calculation of permitted sidewalk area (including the area between the tables and chairs). Notwithstanding any other paragraphs or provisions of this article. no square footage fee as required by this section shall be required for the operation of sidewalk cafes north of 63rd Street through and including September 30, 2015. The abatement of sidewalk cafe fees for businesses north of 63rd Street shall be the subject of a budget analysis and review by the City Administration by September 30, 2015. However a permit must be obtained and the annual base application fee required by the subsection 82-382(b)(9) shall be paid for the operation of sidewalk cafes north of 63rd Street. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the day of ________ , 2013. PASSED and ADOPTED this day of-------' 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK (Sponsored by Commissioner Jerry Libbin) Underline denotes additions Strike through denotes deletions. MAYOR MATTI HERRERA BOWER T:\AGENDA\2013\September 11 \Sidewalk cafe ordinanceamendment 2013.docx - 609 en ~ 0 X MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NE THURSDAY. OCTOBER 3, 2013 I 19NE NOTICE IS HEREBY given I hal public hearings will be held by lhe Ma)'O<ancl Cii)COmmiSSIOO of tM Cdyof Miami Beach, Florida, in the COmm~s"n Chambers, Jrd Floor, City Hall, 1700 Convenlooo Center Drive. Miami Bea<h. Fkxlda,(lfl ilfe<lnusclay, ~16,2013 to cooslder thefOIIO'M"'I: 10:1aa.m. AAtSOILIIIonPaepiJn9 The Pi~mendalkli'l Dfihe Clly"s F1~~An(i C!t'NI\1'111! Pfoj~Commf$sjoo Committe~ l"fC'M'C"I,""Pt"Wif'IOAmiALJtJO!'I~g The M<I'J1ll' kld Cjty Cll!!rt To E~i!CutttA N~ Least !Qreem•nt-Between The Cit)' AndA'Iphl22, U.C: (l~narrt") MdThe C~, For AT.erm m 9'r'aern Md 3fioi [)aye., lrwoMnglhe l& Of 2,216 S~uan fftlt 01 C.ty-Ownadvacarrt Prop8rty, loe~:~ted N. 2'2W&Jhlngton.A'olenuB,Mjaco!!nl Tn Ewht1ng Re~taJrantSpaet~locl.l:edN. 815 commerce street, t.llaml Baacn, Florida 331J9 (Spact~), To Be Used A.! CUI!Nf c.l'li, Qlncllreni:Wilfl TM b.§e/Uw OJ The Adjololng R~liwrW; And FurtlnrWaiWilg, Df A 5mh \Iota, The Competitl'otl!l Blddln~ Requirement, ll.ndlng SUth Wit¥« To 81 111 Tht Bwt lntereld Qf T11' Public. 10:30a.m. An !XcifiWIOI! Amend;,g Tht Cod1 (X The Crty 01' Mlaml B.eac.h B)t Amo~~ndlng ~tar 62, Enlftled "Human Aelaticm.," 9,' AmllllOIOQ Mdtll, Emi11td "[)i$(.l'ii'Jlin~oo," 8yA,rt1endrna llllblon 3,. Entf111BI'I"RI'!o"'J~'I'IoM," BY o\ddlng 8«:. 62·92 To!Wqulre Th1 Posting CH' Nv11cA In EYiry Plll:::e [H Empjll)'m.-.t, Publrc Accommode'ti.on. ~ Aa::ormmdatloo, And ctty radlrt)t That fall51 Satljec:t Jg Tht HuiiiWl A.Juft5 Ordii'IOI'D bicrtting The ~plicable S~Dstanthre Prc:wlslore 01' TN! ttum.vr AlgtD Grdll'lii'ICe, Tt. Race Where Carrrp-iarlt!l Uaojl 8e Fried. And S&C1 Ol:harlnlnrmatlon .klll\e City or Ulaml Beach Deems PertOdlll:, PrO'IIjcLng Fct Enb'cemall'l ProceGD~ And Pnwidll!l Ft. Sm!..-ablllr,, Codll'ltalloo "'ld An Etred¥e Date. 11:10a.m. Palm~ewHdbtll.l-sas M O!dl11iL'li:• Amllmdrnu bLand ~~DPIDCirrt Ao!!gJ~ti:m Of The Clly C.., By A.m.enclng Dlapt• 1'12", "lorh ~'libic"tl; lvl-d R•uui<ltion!," Article II, "[Jislllct Fte~ulotlom-: Drvi51ioo 3, "fl.esid.entiaJ lrlb'tlf.-nrly Dlt'bidl," S\bdfwi&lw N. "RL1·2 Rl'llldMIIol r..\.rttifamlty, M-edlurn lntemlty," To Lrml: Hotels As Herelnalter PrO'fldltd Ul The Palmi/IN Conrdor'TolhOI.&&IBting/JtJ Gf May 2B, 2013: Dllftnln.gTha PalmVrew GorriOOrltSM PropdftleeAbl.rttlngTh~!!WestSid.e(ltMefr~W!AttefiUt B;etw.tn i71hS\I.!IeiMd Collrns.G.wtl~ O!flnlr.gThe Rl~ot:Exr&ang!J(Jtei•As LogaiCor!torrnlng U.e, To EJ.cllPOuldoar&dertalrwrmiEstabllshmenti.JildOWb:lr E"nlertalnment From Permitted lial•l kuSSilfY Uses., To Md Hr:M:~IahJ A Prohl~ibd Use Wltnln The 8oumtlrlllS Of Tha Palm Viaw Corr1dor Of The RM·2 D:sttlct:;A.:Icnowl~d-nQ stall P'n·Emptloo 01 Sturt Term R~ntal P;e~lailDm; PnMdi111J Flul~s For C~ And RMtJmpttoo ot Hotel Us.!s. 11:20.a.m. W•sl Avenue Hmet !Jiles All OrdulaoceAmadng T'he land Oewelopment Regd.abom Of The Crty Cod-e, 8y Amerd~J9 L"tlilpter 1 ~2. '"ZWillQ O..trki::. Md AegUaUooa: Miele I. "Dbtrld RegtAations." Otilsa'll, "Residenti.al M!Jiilarnlty rnwic:i.lil; Sui:Kivi~oo IV. "AU 2 Resl~er&l UU'd1amity, Medium lntMSty"";.And Ow Amerdng StM'o1&m V. "RY-3 Resldenbal MLi!Ufamily. tfolr .. tl:!lliiy; To LlmrtHotr-1-s As HtrerMit~r Pr!Mde.O In The ~~1-e~ Corlrdor f(lfh(1$11 b:l$1:11)9~ Of JNw 28, 20t3; Ot!~n~g TheW~! Arimw (..(:n!Mr M fi'\MN~a ~rtC! ~ COIII'WS CanaiTD Ttw North,Mon Road To The Ed. ill~ 8.1')'1o Th!:Wes! lnd 6th streeno The South: DefiniOQlhe AI~ OfCxiS!ing 1-ioh-lsAs ll:gal Cool-ctmlr.Q I.Jaes; To bdude Dutdca En!ert:*lmenl: Fstabl~mmbAnd Outrcn' E.ntenair.menl rrom f"trrr.rtl.ad Hotel .I£~ llsiS> loAdd ~Is As A Pmlibited ~.be WltNnlhe lloundlt1et Ol'lhe WMIAv~ CUn~ otTI'Ie -RM·2hl~ AM-3 Oi$tr'Jc1!i: Act.nawtedg!ng Still~ f'ft·E,rnp~ OJ SlUt Tenn Rent81 R!!.gQa:t!ons; Proildlng :RUtSI For CeSiollloohld R83llrnpfim (}f Hatell.lses 11:30 a.m. HM·3 Ace•~ ~ SI-Qf\tl\11!1 An Ordlnart:~ Amending Tht laml ~ftl-opmem Rtgulatioos OITh• Cod-a Oi Ttle Citr ()I Miami Beach, By Amending Ghilpler l3EI, [n!JtJed "Sign!," By Amending Artk:la I, Eftlbed "In Gllmmj," ByAmendlr.g S!diDI'l 138·8 To Mruify Thfl kcn.!IOI)' Lbe Sign A~qtjrem~r.ts for OC.ar;tront Btuldi~JgS: B~Arnendrng Artlcl~ \1, Entided "Slgn Rt~ ~ Olstnct; By Amendrng Stttion 138·171 lo Modi!)" ThG R-eq.Jfe.rnerbi For IM•Ie Md.l\pwtm~nt Buil~ W~trlln lhe RM-3 Ols1rlct Md By Amending Sectloo 138·172 To Mooity The Req~emtnl.5 Fa Hotela lvld ~menl: Buildings Wijjjn Ttut RM-:l. Oi51trlct 11:40a.m. AnO'dMnCeAmerdii'lg Chapter lOOOfTIIe Miami Beach Cit}' Code, Fntltled~SuDnabilit{.B';Am~rdngAI'Iir:l!l~ EMII!d •(nergr Economc Oe!lell)!)ment 2Cf'lf Pilot Pro~am"Ta1ndltde Miami-Dade Coulty''!. Gr~l!il~ll:lMs Cr-rtl'i'k'IHionMAr!AddtbonaiOIQibri"Y Crtltr.aToP;,rt)C:J(Iatt:I(JTtll! [rM!IVYEcllf'11iTIIC De ... t'topmem lD!1e Puor Program. Providrng For :J.everatll1tv, Coorllcatmn 1\~aler, Md lvl EHI!(;bve !late 11:5Da.m. An Drdrnm:e Am~og l'l'Mi ~ otlr... CUy Of ~iarrd ~ach, By Jl,ti~eMng Chap'ler 54,Entided "fl~.· By Amending~~ •• E~dell"AOOdJdatn ~~~~ont.• Oy M'leOOIIl!l OM~ ~. E.ntiUed "Genl!lraf1)'," S,. kn!ndlng S111(:'1Jon ~·35, Eflmled "tlennltiOns" By Amendln~ kl~ O.,krbng Certair. [)efirftiUlS The11ln; IJ~ Arnnlng OMsloo 2, Entitled "£1.meral PrmtBkm," B~ Amending Secdon 54·J8, Embed "ll-es~gnati!Jn WAoodplalrl Admhistratrr*To DesiQflllll! ThB Butlolna Official, lnsUlnt'JOf Tl'le Building Dlree1oi,Aslhe Floodpl01 Adm111l1tralor; By Amlllldill~ Division l,Eiiill~d ~AdminiS:rlll:ion," By A:mt!rdlng Sect!M 54·45, En'fltled MP-ermlt ProcedL.res· And S«:OOn 54·46. Entitled "l}ufius And AeipGilllibGitJil9 Oflhe Building Dlredor Dr Desl'!inu•To Ch~g1 All Bulldif!Jtl Directuf Rlll•r•IJCia. Thmln To lhe Floodplain AdlfHnistr.ator: Amendn.g Division A, Entitled "Prr:wlsiDIIII For Flood .HIIlWd Aal1ictlll0"; 8y AmendinU" S~GIIDI1 5.tJ-47, Entltrad ~r.enora St.rlndarda." !:11(;'fjm 54·t1l., [l'ltliJ.td "SpKifl(: Slal'ldards,-. kid S~OO!rM·-49, Entitled "S~cltic Stn!'ldll.fM Fa A·l(lr'le:~!Withot/1 a.~ FIOOil Elo!!V8Urtr\$MCI ~QI.Iiatll)' fiOOdW!IY~"lo Mod~ Ci!!~ln FIIJOii Hazal'd Rlldudim Prwlsknl, By [)(ljl!lllngTh~ Prll't'iil-01'1$ jn S$ctl(l(l54·5ll, Ermtle-d "Sbndard'!l For A·O lonn", BrAmendrllg ~un 5. EnbUtd "Vir111~e Prncedures," To~ All Building ()jrector A.e1ereoces Ttl<!reln to TM floodplain Adminislratc.r, Prw1dil'1g ~-Su!Etail'IWe, Cl~ricnt Rli'VIalon.s lhrru!JhOUl Anlde II or Chapter ~4. 12:00p.m. Ol'dlnan:~ J«ie-nding Ml~lllotfl(.h CHy CoQt ~ 82, Errtrelt~ *N:Iic Pr~ert)',"' By Amending Midi IV 1Mr40t Efljfted "tlset in PUblic Rlgl'l·Of·Way,~ ill¥ ,t.mtno:ing S«t;on 82·383, EJ!We-d "f'~rm• h<~~; hr.a!ties Fa Late Paymenl!: .A.Ntew 01' Feot~,• By Ameqclng SibHctlon. ~ lhtri!OI To Abatl 'S~ .. ~~~ Cat• f~JM Fu Bu*ie~Bm Nor1tl Ol63rd Strut, ltv~ kid cncb.:lng ~ptl-mb« 30, 2015 And Aerc,UrlrlJ A Budget Amlya• And R!Vi!w By Thill C;lty AdmlnlslratiOO By ~ptemi'Mr 15, 201-5. 12:10p.m. FnAndNiceSliaryOtdillllllCIII An DrdW\antt Am~l"!dlng Qfl:tifliiOt• Nlj), 7119, Til• ~flfd EhlpiO)'!IItlll Salmy Drdli'llll'rt OfTM City Of Miami ~h. Fll'N'Ida, As follOW!: In Attorllllncol: Wjttl TM No~~gc..tlated Gollectlii-e Bargaihl14;l At:J•tmentB, Pn::r.idl~ Ftx ThB Cladr:atbrB In Gr.o'-f' II, Ae:pre:~~~nted Qy ihe Frahlrl'lltl Crdar Of f"oliu (f~ W111.am NI~Mol.s LodQa N.o a , And FOJ Th!! Cbmlflcatloos In Ill~ Ill, .Fieprestnted By Tha lntematlooal As&ooistion or Ara Fl~,;lllers, (Wf), Local 1510; Et!aclivu TN Fii'IIt Pay P'Brllld fndlng In OctnbM Of 2014, TAere Stwl Be M Aei'DISlhe 81lard Coit-Or·Lr,lng Adju&tment (Cot...AJ 01 nne Pe1C11111t (3%}, And The MinimiEI-Arld MlilllmLJm Of fach Pay Rang~ Will Also 8e l~~::reastld By fl•ute Ptrcent (3%); Effectlwl! Aprtl t, 2015, A.ddlrgAn Addrlion.al ste.p ~~ lo lhe Dass~h::alloos Of F'ollct Ol'l'icar, Sfrgl'aflt Of Pollc111, Litutenool Of Pollee A.rld Fifeii!jltu I, Repealltljf i\11 Oti111'lB:flteS ~coon~~ 12:20 p.m. LNIMSifle.dSal!ir)IOrrlr\Mre M Ordilall:eAmernli~ ()d~ No 1605. The Und.aooiftedEmpklyte'5SaJary llrlirlance,JibolrOnghy Grade 1 hld Pay Gr•dt 2,1bo111ihtnglh~ Ci=mc;•WrsOI;Ganenlll SerW:;es~ll'ctm. T~tiOOMd ~ret'lq' -MIW'Iqr,.N~~9C O.t~. OJmmuAltw!El:oootn~ On"eklprnml CU•cta,Cuttual Anm' Totrlsm Owetopm.t ~rKU,Prw.Ji~meot cmsbl ~~e~,lf'r{Mnii:IM T~ (lwl!lioo [lrt.ctor, Ccdt! ~1Arr! OMSioOtl Otl'tcW,,AS!ij_, O.rec;or Prui.w'I!Mf'l:t DI'WI:iiDro,s.rw:. [)liw'WV ~. CffbAmoclab ~~ f\biCIMmaom Cllk•; f!llllhiiW!glhl CIU!Ui!Utinm otl.rut~m. Ctioiii.Ailatl!..dnd ft:.oo'Y.IInlc De'J~merw Dirt!Ctcf, ()ep(Jiy &Jicling Clrtctor,f'I()CIJ(~m«lt Difedoc, trfa-maii.oo TeclvOOv.f OiredDr,A&sti!Bn: Director Hli'T\BI1 ~es., tlooolngAnd Com'II'U'Iity Devel~a.mt Dlreet«,lntrastrv:;Ve DM5H:n ~redor, ~taft City ErrgiiiHf.~ Director Pn:r.:urem~nL 8ulldng Op~ntlDrB lrita1111191'.1f.',lrNestr.gatc:." s._.,.~Nhor, Communrty S~Niees [)jwlsJm ~edor,AttrninisntlW'e Services f,trnager, Public Safety Speer a! P~UI Coordinator, P'fop.ty Mllintenn;e!Operatllftl ~erlnlendenl, DHI!Idoc ot'Thl: Office Dl CommLnCiillons, lnsfng Sp!dai-lst,PW!Ic S!1etw" M.-.agem!nWudget ~i'l, Plr'tolm.-r;I.'Yrd Sl:hedullnu Alllll~ Ol'l'ie~~ Milna.ge-r(CUyAtwmrtJ,'Visw.ICommll1alrt:e.S..eciallsi,Coruitlb.ientiC«r'\mtMiooAid~,Flrwdal~lyat,Ptrblit:5.a.ll!:lyf>¥oii.M""nrstr~.s:tn~orGISAnaly!t,~fl.ft'OII'I:ISI..p*(Vlsor;~gTh•PayGracJ.etrrangeforlhe.Asslmlan101rllKrtlfPilrklno,~OIMctaPar~!IAndA381 ~ ~ffK:t!Vt Thot First F~ll: Pay Ptfiod Endn~ Ill Octobtlr 2014,lntr1118.11h~ The r.tir~mumAnd The Lta.1imum 01 E31Ch P:!jl f.rad~ Bylhr-e!' ~retrrr: (~%);W Crantir.g NJ Acros.slhe 8o!l.rd CGsl Df living ,l.djuatmiHd 01 Up-ToThrea Ptm:ant (3%) For My Unclussified Empl!rJ'IHI wtos. llasa Salary rloos lto-t Exr::nell'Th1 Mm:lrnum Dr The Pay Aang~ Forlha L.ompa:rabl& Job Title As Return mended By Ill• 2009 Condrer Cl.as:iillcli.Uonhld Compeniialioo study •p..ty Scale B", SlAJseqllllrrlly Arnoodad Dr Seve-n Perc.enl (71.) lnklgust 21J13, ~The ConstAtant; Repealing All Ordlnooce11n Conflict. (llllf to The Miami Hlrllld'S deadline, if this ill!m is denied, fabled, or withdrnwn d"rlng fi.-.t reading oo Seplombor 30.2013, If lOIII appearlo IIIIo odvorlisement) 12:29p.m. Ohrn:SalafyOrdmnr.f: f.n Ord.~eAmefldhg Ordlnn:• No.1B9,lhe Clawfied Emp'kf'J'eA-S~r,' 01'1'1~ OI'Th~ Clly Olll.llamil B.lad"l, Fbida,A!foiiO!olfl: Pl"tHidlngfOI'Tbt Dassrncabonl n ~VI. NotRejl'eMntotd SyACOFiecW.. 8arg.;IOLn.g l.ft1;And Com.mmty Rllfl.rrMToAs·OO!m":Aml-lll'lllQoAI ClfT!Vl Plrt' Gnw'les8y~l~ng flay Glade 1: Erurblrshlng The Qa.DmcaOOm-or Are I~ I.Pnd seiiOIVIII Raaealloo/lode;Aild EUectiwe TIHI f.rs1 Fl!l Pori Period EndlfV In Ockll:lllt2014, ltneas.ng The .hllrtmum /ndihl Maximum 01 Each Pay Grac:irt,ByThrte Pert en (3'1.), .lnd Gn.rrbrtQAI11\u05S. Tlll Board Coli ot Uvi~ Adi'Atm1nt Oft4t To fu11111 Percent (3%,Fmlifrt •Oihem~f~Hlyee~ B.ase Salary Doe!! Not&c•dThl Mu.rwm Of The r&v~e fofTM Comi'Mai;te-.klbllle ~R1con1melllhd By The ;1'009 Cood1ey Cla&ifica.lionAndCDmpensdmS~ "Pay Sr:al111 S"Md'SQISAq08rtly.MIAMtd fl't'Sh'en P~rc.tnt 7% lnAI..Jgu$t21l11 B~Tht Conr.uttart, A.fiPOallng All Ordl naocn in Coofticl. (Oue to The Miami Herald'ti deadline, If Hlis Item Is denh,cl, tabled, fll' wilhdrawn during ftn:t reading DR Stt~:~lembel' ~' 20131 it will appear In this advertisement) INTERESTEO fAfiTIES are mvnad 10 app-e.ar allhi&: meeUng, « b6 rupreser~1ed by an Bgenl, or 1o expteSE 1heir "'ie'NS i11 uiting-addressed to lhe City Commission, c/o lhe City Clerk, 1700 Convenlion Center Drive, 1st Floor, City ~II, Miamj Beach, Fklrlda 33139. Copies o11hese Jterns are available lor pubhc tnspectoo OOri'lg normal business ha1.1rs In llle Clti Cle!1('s Office. 1700 CoovenUoo Ce-nter Drive, 1st FOO', Cily Hall. Mwnl Beacn. Aorlda 33139. This: meotmg, or any item her~n. 'lllaY be lXI11inoed, and under soch ci'cumsl:ances additional legal notice will no1 be prolr'~Cied. Rafael~ Gr1111ado. City Clerk City of Mwm Beacn f'ursu.ant to Sechon-286.0105, Aa. Stat., the Citv heretry advises the pubric that: :If a parson decides t-a appBal any deci&ioo marle by the City ComrnisstOn wdh respcc.11o any matter coos:idered at its mccUng cr it'S hePring, such person must ensure that a verbatJm record of the proceedings Is made, w11ich reoord im::ludes the 1eslrrnony ami DYidence upon which 1he appeal is to be based. This ootice does not ~sUtute consent by the City for the lntroduc11on or admission of otherwiSe inailmiSsible or irrelevanteYtelence, nor Ooes it authorize. challenges~ Oll!>ea~ not otllerwise al<>wed b1law. To request this material i11 aCCI:$Sible format, Slgnlanguagtl interpreters. mform;rtion 011 actess for persons wi1h disaDilities and./or any accommodatbn 1o review an.y document or IJarticipate rn any Crty·spon.sored proceet1in.g. ~ease contact us five day-s 111-am.an-c.a at (305) £7H411(vo~e) or m users ma1also call tile Flonda Relay Service at 711. ldiS« 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: Second Reading Public Hearing 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. On September 11, 2013, the City Commission adopted 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 initially 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. This ordinance was approved on first reading September 11, 2013. Advisory Board Recommendation: IN/A Financial Information· Source of Amount Funds: 1 FY2012/13 $0 2 FY2013/14 $0 FY2014/15 Cost of three percent salary COLA for FOP =$811,000 and IAFF = $558,000 $1,335,600 and implementation of an additional Step I to the classifications of Police Officer, Sergeant and Lieutenant = $1,014,000 annualized impact (Year 1 e 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 $27.000), 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 off$62,250). OBPI Total Financial Impact Summary: The estimated impact in FY 2015/16 for FOP= $821,960 and IAFF =$670,230. The estimated impact in FY 2016/17 for FOP= $902,490 and IAFF =$743,960. The total 5 Year impact for FOP= $2,537,500 and IAFF =$1,936,740. City Clerk's Office Legislative Tracking: Sylvia Crespo-Tabak, Human Resources Director Si n-Offs: Department Director City Manager Kathie G. Brook Jimm C9 MIAMIBEACH 611 Agenda Item ___.~::..,....::.--=- Date ! 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 Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 econd Reading Public Hearing SUBJECT: AN ORDINANCE OF THE MAY RAND 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 adopt the ordinance. 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 (lAFF) 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. 612 City Commission Memorandum October 16, 2013 FOP and IAFF Classified Salary Ordinance 2nd Reading Page 2 of4 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 City Commission approved a resolution amending the ratified FOP collective bargaining agreement at the September 11, 2013 City Commission meeting for the period covering 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) which were approved by the City Commission in first reading September 11, 2013. 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 qualifying 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 and 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. 613 City Commission Memorandum October 16, 2013 FOP and IAFF Classified Salary Ordinance 2nd Reading Page 3 of4 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 (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 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 ($21 0,840) 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). 614 City Commission Memorandum October 16,2013 FOP and lAFF Classified Salary Ordinance 2nd Reading Page 4 of4 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 for qualifying employees who are covered by either the FOP or the IAFF, 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 1), to the classifications of Police Officer, Sergeant of Police, Lieutenant of Police and Firefighter I. The total estimated five-year impact from FY 2012/2013 through FY 2016/17 attributed to the salary COLA and the additional pay steps is approximately $2,537,500 for FOP and $1 ,93~40 for IAFF. !#,( JLM/K 8/SC-T/CMG T:IAGENDA\2013\0ctober 16\Fire and Police Salary Ordinance\FOP lAFF Salary Ordinance Memo 2nd Reading.docx 615 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: 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. 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 151 0; 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; and WHEREAS, 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; and WHEREAS, on September 11, 2013, the City Commission adopted a resolution amending the ratified three-year labor agreement between the City and the FOP covering the period of October 1, 2012 through September 30, 2015; and WHEREAS, on September 11, 2013, the FOP confirmed that their membership ratified the collective bargaining agreement with 62% of the membership voting in favor of the proposed three-year agreement; and 616 WHEREAS, included in both ratified agreements between the City and the IAFF and the City and the FOP is the implementation of an across the board cost of living adjustment (COLA}, effective the first pay period ending in October of 2014, for all classified employees represented by the FOP and IAFF, with a corresponding three percent increase to the minimum and maximum of each classification pay range; and WHEREAS, the COLA listed herein for employees represented by the FOP and IAFF bargaining units is consistent with the negotiated COLA for Group VI, who are represented by the Communications Workers of America; and WHEREAS, classified employees represented by the FOP or IAFF 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, also included in both agreements between the City and the IAFF and the City and the FOP, effective April 1 I 2015, the implementation of an additional pay step (Step I) added to the maximum of the pay ranges for the classifications of Police Officer, Sergeant of Police and Lieutenant of Police that are represented by the FOP and an additional pay step (Step I) added to the maximum of the pay range for the classification of Firefighter I that is represented by the IAFF; and WHEREAS, the newly created pay step (Step 1), effective April 1, 2015, will increase the maximum of the aforementioned classifications by five percent (5%); and WHEREAS, 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 I 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; and WHEREAS, 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; and WHEREAS, the implementation of the additional steps was subject to the FOP agreeing to concessions that would result in equivalent, recurring savings in order to offset the estimated annualized impact $1,003,162; and WHEREAS, 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 617 ($392,288), in FY 2014/15 and each year thereafter unless the benefit is renegotiated. • Reduction of 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 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 ($21 0,840) and will be realized in FY 2015/16 and each year thereafter unless the benefit is renegotiated. WHEREAS, 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; and WHEREAS, the estimated impact for the IAFF in FY 2014/15 is $91,000. The. annualized impact for FY 2015/16 is approximately $319,505; and WHEREAS, the implementation of the additional step was subject to the IAFF agreeing to recurring concessions that would offset the impact of the additional step and included that effective April 1, 2015, holiday pay for all 24-hour personnel shall be reduced from nine to six hours; and WHEREAS, the estimated impact for FY 2014/15 will yield a savings of approximately ($62,242), with an estimated annualized savings of ($207,500); and WHEREAS, there is a need to amend the salary ranges of classified employees represented by the FOP and IAFF collective bargaining units in order to ensure that the City has an employee classification and compensation system that is fair and internally and externally competitive; and [This Section Intentionally Left Blank] 618 ---~ ------ NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1A: Qualifying incumbents covered by the FOP bargaining unit shall receive a three percent COLA provided that the employee's base salary does not exceed the maximum of the salary range for their classification established in this section below. The following lines of Section X of the Classified Salary Ordinance No. 789 shall be amended as follows: GROUP II FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8 Salary Ranges and Classification A. Classification and Salaries JOB CLASSIFICATION JOB MINIMUM MAXIMUM NUMBER BIWEEKLY BIWEEKLY DETENTION OFFICER 5305 1,594.44 1.642.27 1,961.04 2.019.87 LIEUTENANT OF POLICE 5009 a,a27.69 3A27.52 a,Ba1.81 3.967.36 POLICE OFFICER 5011 2,042.49 2.103.76 2,874.84 2.961.09 POLICE OFFICER TRAINEE 8001 1 ,7d6.12 1.788.20 1,940.a7 1.998.58 SERGEANT OF POLICE 5010 3,0H.H~ 3.107.70 a,a27.69 3.427.52 SECTION 1 B: Qualifying incumbents covered by the IAFF bargaining unit shall receive a three percent COLA provided that the employee's base salary does not exceed the maximum of their salary range for the classification established in this section below. GROUP Ill INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) LOCAL 1510 Salary Ranges and Classification A. Classification and Salaries JOB JOB MINIMUM MAXIMUM CLASSIFICATION NUMBER BIWEEKLY BIWEEKLY Fl REFIGHTER I 5110 1,766.12 1.788.20 2,874.84 2.961.09 Fl REFIGHTER II 5109 3,017.18 3.107.70 a,a27.e9 3.427.52 FIRE LIEUTENANT 5107 3,491.66 3.596.41 a,8a1.81 3.967.36 FIRE CAPTAIN 5105 4,044.40 4.165.73 4,458.95 4.592.72 619 SECTION 2A: The Classified Salary Ordinance No. 789 shall be amended to add an additional Step (Step I) to the maximum of the pay ranges for the following classifications as follows: GROUP II FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8 Salary Ranges and Classification JOB CLASSIFICATION JOB MINIMUM MAXIMUM NUMBER BIWEEKLY BIWEEKLY DETENTION OFFICER 5305 1,642.27 2,019.87 LIEUTENANT OF POLICE 5009 3,427.52 J,967.J6 4165.73 POLICE OFFICER 5011 2,103.76 2,961.09 3109.14 POLICE OFFICER TRAINEE 8001 1,788.20 1,998.58 SERGEANT OF POLICE 5010 3,107.70 a.~27.a2 3598.90 GROUP II FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8 Salary Ranges and Classification JOB CLASSIFICATION JOB MINIMUM MAXIMUM MAXIMUM NUMBER BIWEEKLY BIWEEKLY BIWEEKLY DETENTION OFFICER 5305 1,642.27 2,019.87 LIEUTENANT OF POLICE 5009 3,427.52 J,967.J6 4165.73 POLICE OFFICER 5011 2,103.76 2,961.09 3109.14 POLICE OFFICER TRAINEE 8001 1,788.20 1,998.58 SERGEANT OF POLICE 5010 3,107.70 3,427.§2 3598.90 [This Section Intentionally Left Blank] 620 -----·-------------·------·-------·---·-·--···-..... ···--·-···- SECTION 2B: The Classified Salary Ordinance No. 789 shall be amended to add an additional Step (Step I) to the maximum of the pay range for the Firefighter I classification as follows: GROUP Ill INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) LOCAL 1510 Salary Ranges and Classification B. Classification and Salaries JOB CLASSIFICATION JOB MINIMUM MAXIMUM MAXIMUM NUMBER BIWEEKLY BIWEEKLY BIWEEKLY FIREFIGHTER I FIREFIGHTER II FIRE LIEUTENANT FIRE CAPTAIN 5110 5109 5107 5105 1,788.20 3,107.70 3,596.41 4,165.73 2,961.09 3109.14 3,427.52 3,967.36 4,592.72 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 A three percent increase to the minimum and the maximum of the salary ranges and a three percent COLA set forth in Section 1A and 1 B herein shall be effective the first full pay period ending in October of 2014; and the additional pay step added to the classifications of Police Officer, Sergeant of Police, Lieutenant of Police and Firefighter I set forth in Section 2A and 2 B shall be effective April 1, 2015. 621 PASSED AND DULY ADOPTED by the Mayor and City Commission of the City of Miami Beach, Florida, this day of , 2013. Matti Herrera Bower Mayor ATTEST: Rafael E. Granado City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION T:\AGENDA\2013\0ctober I 6\Fire and Police Salary Ordinance\FOP IAFF Salary Ordinance 2nd Reading.docx 622 en N w )( MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NE THURSDAY, OCTOBER 3, 2013 I t9NE NOnce I' HEREBY given that public hearings will be held b)' the Mayor and Citv Commlsslon of 1he City of Miami Beacn, Florida, jn the Comm~s*On Cha.ml'Jets. 3-n:l flOOr, Cily Hall, 1700 Conven.tion Ce11ter Drtv~. Miami Beacl1, f(lrida, on WediWIBdBf~ October 16~ 2013 to coosl<ler me following: 10:1Da.m. Arle'SOILrtlonAtc-rp11n~ The Recomme-ndalloo Ofltt11 Clty'IO flllllfl(:eMd Ctywl-l21 Pwj~~t::ts Commisslm [';ommitl~ll rFC\WC'); App.roYingkw:!Auchorl:z:ln.g The MayOI' And City C1oerk lo Exe~uteAN~ Lo~,~~ Agre11m1n1 B\ltWI$0 Tht City Md Alpha 22, UC (llllllWll")Md Thll City, Fw A Term or 9Yem i\'ld 364 Days, l~glhe Use 012,2"16 Square Feet Of CIIY·I:Mned Vacant Property, Loc:lillt~d AI :Z:2WishlngtonAvenue,Adjill;llllntlo E;cisting Res1auranl Spi;ICI' LOC"Bted It 8111 Comm.e~~::e Str~at. Miami :BMOO, florlde 3"31;1g (Spate), To & l}yd.AJ OutliJor tate, Concl..ll'entWIIh lhe LeaseiU:u Of Tile Mj)I(Wig-Rntaur.ant; w furltlerWawlf19, ~ A5flth V!J'IJI, Jhe Gompel:i'tlve Blddlih] Raqulrament, AndiBQ SIJehWG~•r Tll ~In Tt'toil81;~1l1tef~!lt Of rn., Pliblic. 10:30a.m. All Dr~nanclt o\fn-enclng The CDd-e otThe City Of Miami Bo5a:h ByAm11n:lrng 0\aptll' &2, ~ntitled ~Ht1nw1 A.~lations," ~Amending Artld! li, .Enlll!d ·~~rlmiMtloo," By Atl"ol!ru11ng Ol'ot'UM J, [nbtled "f\.IJ~atbl'll," By A.cldlng s.c-. 62·92 To ~QI.Jir• Tl'l* ~11\l Of~ In Eno pt!ll,:lll! 01 Emplu,'.fl1*"1!, f'lml-\c~i'!CIITI~. ~ .k:rom~. Mil Clly Fadl~ Th.lt Falls Sub1«1lo ThiiiiUIMI1 PJ!#S OrthniflC' JndiCabllol The Pw!~• SW~bn PrwiHH orn .. HunWJ RlttrW Or~.lh!= Pli~:e ..,.._. ComplalriB May Be Filed. And Sucll 01ber hi'CI'rnaboo los Jh!l ct1y or hlraml Beach-Deems Pertltwrrt. Pr01tldjn;t Fa EMn:e11ent Procedll'ea:Atld PrcMclflt) For Savffillilrty, CrxificZionMd All El'l'ecttvo~~ o.~ 11:10a.m. "'U!Jlo'VIEvr~l~ Al1 o.-cilr9'1CI AmllfldingllM: Land Oe¥~op1Mnl Aiiii!Jll~ Of H1~ Qty (.(l$e, Dr Ameoolng ~~ 142, "Z-Oifrlg ~strlct5W H~~· /lrtii;l•ll. "Uol!ibk:t ReQula.tKm,"' Ot'ri5ion 3, "Rostder&J r.tildilmriJ Qjslricts,""SLWIIWoo IV, -nY·2 R!:srldentlal M.Jititamlly, Medium ~ntensrty,"Jo LJIIYI: rbt=tsAs Hmrlntttet .PKrrlded In Jr.. P'.illm IJiew Conrrb-lo JIU>8 &i6tllljJ k; Or May 28, 2013; Ddnlng Th~ PaJm ~.ew Corrimr: .\sAil Pr!lill!l'tlM N:n.rt'tlng. The Wt!t 51~ or Uendilr>Awwr !3etween llttl Slm:tAnd toil In$. C.. Da'IOI"!g TM RW'1ti 0. ExJ:d-n~o~ Hub-l•.'e L•g.iJ Cmfunnlng l..l:w.:l; loa hdude lllldoaJ £ritertil~efd hlibllih!ienls.And Dlttioor f.,erta~m~~rrtfwm PenJVttedHoleiAttnsotyLI'I•, ToAddtk:rteiiAaA.Pr<ilbltedlllieWflhilllh• ~n.Oflh• P'ilm'Jiaw C\1-rld:ll DI'Tl'le RN-2 Dlstrict:~edglniJStm& Pre-Eolfllilioo(MSIW!:TIIfJI'I A.-11'1111 A.-r!IJII&'IIaos; Pr!Mdir.gl'tul.esFu tr.l:sallon.lond fle8llmptbn01Hob:l Uu:il. 11:20a.m. W1151 Aw-e~HI HMOill U!i<!!. An 01dinance Amenlinglhll' L..and Ekiii~Clplnll'rrl -R~!J.IIIl.l:toos 01' TJ'I,e Cl..,-~. Ety Amel'r..tln.Q Chitptei 14:2, •zon1fl!l Drs.trkt.s .lild ~egi.Jatito." Artk1t~ll, ~D~st.r1cl Rll~11~1.11~." Clivi!Wn S, "Riolild=n1iul MLJll:raml~ Dlstricb," SU~civlsloo N: "AM-~ Resldentia.l f.tLJ!fflamlfy, ~edrum lnlens41y", And Sv Amendlllg SubdrviEionV, "RM-3 "R~:oldentlal Multllam~ly. iigh IWrnity,"To limit Hotels Ali H•rulaftel P1{.'1\fjrd!d In The Yhstllitl~rt.Je ~rrJrbr To fM!lil EMIS.t1ng ~or MIL~ 26, 2(]13: ~e'finlng The WestAo'enu~ Ccnldor ~ Th•IArta BQrdmd 8r Colllil$ ~~.fd To Jhr Nurtli,Mon R..ad T1JThe East, B1sc;ryne 18.ayl"'Thefh-s1 And fi, Sire~ ITo Th~ South; Veftt~r-nalhe ~~ahts O't Exrslin~ Hole Is As Legal ConfOJmlnli Uses; To E~clud• Outda.tr l.nt..rtalnmtnl Eilabll&hme~~ts Nd OutOOur Ent.r:=rtainment From Per milled I-IDJBI Al:CBfi'lllf'/ Us~; ToM~ Hotels AA A Proliblt~d UM Within The Soo-ndanes t)f Jhe WestAveoot (;Qrt"'tlof 01 Ttre Rl.t-.2 And RM·31lil>tlicl&; AL"ki\OWI~Jdgmg Sbl.t~ Pre-Emptwr or S~t TIB!n fl.enltll R~guletlons; Pt'O't'l4in~ ~Ues for C"s::ialoo Md Reeu-mjlQI)(l 01 HOJtel U&85. 11:30 a.m. RM-~ Accnsory Use Sjpge AA flldil);lOI':e Amerll'llnQ The LaM De~ie1opmenl Re-gulatloo~ l)rJhe Cod-e Of The CIIV Of MAamr ~11. Ely Amttldllg Chapler 13B. Entrtlelt "Si'ijna.. By Amendng Artk:l .. l, ErtitJed ";In General," 8r Amrmdlng: S!!ction ~38-8 To Modt,' Th~ kressory Use Sign Requlfements ror 0eelf1tll:nt Ourldl~ BrAmer.dinglt1icle 1/, Errtrtled ~5rgn ReQWia.tiOI'I!I By District," By .!manc:ling Sectloo 'JS-171lo Modify The Reqr.Jr~ments fortllllf:l~ Mt!Aps.rtment Building~ WI1Tolrt The FW·3 Etl!lr~And ~ AIIM!r.d.lrlg SKIIo:.(ll~!l--lnTo-Mo)IJI1y The R~;'l\lf•men'* Fu Holtl:i Md Apal'tmi!JI!. Bulldrn~Wilhin The AM·3 Dlstrk'l. 11:40a.m. An Ortl'lOOC'e Anm;dlnq Chapter lOO OIThe M1amr Be,a:h Crty Code, En1tl!ed "'3ustarnab ldl," B~ ArnendingArlicle fl ;Et4itl~d "-Enelij!i Ec.-m'lltrrr..: Oe-w-elup~llttlt looe P~m Pro!Jam" T.() lrdude U1o1ml-flllde t.o~nt)''9 C".rPen Ruslnr-~ Cerrr&~lion AsM Addrtrooal Oqrbrlrty r:rr!!rra !o Part~etrro.lle lrr rhe-Ene'm EcOf'Oflli-t Duwet~merrt Z1..111~ Plrwt J>ro~r<~m: l>rO'OOrr.g fDI' S.eve{:J.bi.lrty; Goi:lrtrc;lbn "R~ptaler; AM An Frt.ectr'H [tate 11;50a.m. An Otd:rntr~C.eAmenr:tng The Code Oflhe-City Or Miami BeaetJ.By Amendrn.g Chalrter 5-4. l:rrtl!led ·Hoods," ByAmetldingAr\Jde I, f(jltlad "R~Iadn Mm:lgement," BrAmendi~ 11M!D! 1, Ertitied ·r.er.er.aav."ByAme~Sectlm 54-J.S,Er.ttteo "tJtnrmons~ByA!N'I'IIiog.eM Delf'-ng ~rtaln O.~r«<DI'$ J~trn, Bw Am$1'idinl{ DiVI&.on 2, EniLUed "Gan~rlill PriJ'ViSriws," By .Amending SeciJon 54-38, ERJ.tled "OeslgnliOOn Of Floodplain ~m11lis1la'la" To Vesr9f'il.e The &lldlrlljl Offrdaj, lfllltead lM The 81.11~ [}fn;tor,As Tha F~Admrrlstrata, By.Amandklg Di'fisim 3, E'rDtlf'd ~Admlnimt"atioo," 8y Amending 5ecOO'I 54·45.fnMed "PerrM ProcacUrs"" M:l S.bl;lrr 54-46-, Enlltli!d "D~ Pl1d P.espombii'!JIS ot'The Bi.rrl(ftJg 01nl(::b'l( or ~ef!" 11"1-ChMgoe M S..r.lrtng Olreclor 'Ref+1+rerrcn Therein To Tho~~ rloodplaln Admrt'll!itrlltor, Ameodng ();yjsiOfl 'I, Enbt!ed •Pr.wllkn Fu Flood Halill:d R=hlkrr"; Sy Amending Stclioo S.C-41. Entitled "Gell!llal Standards." Sectim 54-48. [nl'1'1ied-·s~ftc StandarOs," An!:! Sed!On ~4-49', Entltled "Specdic S'l.1ndaid8 For 4.-lone~SWi~ Base FIOIJI! Elevalions.lild Regubby Flc:oodNi1Ys"1~ ~rfy t~rwn f:ll'llld Ha:rard Fltlll..dlon 'Pr.:wtSklnt: By Delftlng TM Pr.:Muons In S«tJon 54·50,Er.tJtled ~bli"~Qitrd$ fv( A·O Z«<n~. Sy..\m$ndrnll Divi$100 5 Ellbtled "Varii!rJ;C Pr~edures,"loa fllan9r=Aif(kljl4ng Olrectoc Rderer.::es. Thertin To The Floodplain.Admrrnsiratof, f'rov1dlft9 Non-Substarme. Clencal Rmiil))l(.hr~houtfvtlde II Of Chapt111 54. !2:00p.m. Dnlnan::e Amendln~ Miami ~h City Code Chap~r 62, Ermtled ~f'ublic PlqJ~tftV." 'By Amending Mid-e IV Thereof Entitled ~Us•s In Putlllc A.l~:hi-0!-Wfr'/: By Amending Sectioo e2-383, Entitled "hrmll Fee: PenetlilU! fi:rr lll'l-e Paymanta; RPVIBW ot fM,"" By Amentlng SLtU~ (AilhM-eo! ToAba~ Sld6Walk cata Fees Fa Busine!ISes North Of 63rd Street, Throogt hld lncludlng Sep-1•mber 30, ;1'0 I !t And ReclulfifU A Bodge-t~sjs Md fl.wrew 8~ Tile Cttr AdmlnGtr11tion Bv S•ptember 1 S, 2015, 12:10p.m. FlreMc!PollceSalfti)'Ordinanee An Ordlnonce Amendl.ng Drdii"'R-e N.o. 789, Tile £tUned Em~~tre9 SliMY Ordlrw~Ce Of The c:tty 01 Mrami B~.ac:h, Aotida,As Follom. lin .ttoo;.rdiiOC~ W~tll The N~gotlatN l:ollectl'\'1 B111Qilinlng AgrnmerD. Prwhing foe" lhe Cla&lnlia.tiall!lln Gro1.41 II. Reprllsente-d By The FnrtaM Ordl!l ot Pnelce (FOP) WfMiam Nichols Lodge No. e .. Md fo.lllw C1&titficd.m In G.r'oop Ill, Rli'pres~nt-ed S-; Tie ~nle:ma~ ~tiiYI lM F1r~ fl9h~8:r.,(IAFF), l~ 15 Ul; Effactlli! Tr.e fl.~t Pll)l .,.rlod Enrll~ ln. Or!ober or 2'014, Ttlsr$ sn.r~ ~ AA ActO&* Tr.e Stlaf~ Corlt·Df·UI'II"I!J M);s.tmtrrrt {COlA! 01 Thr" if"'lrceri {3%), And Thrlr Mlnimulfllvld Mwiimllm 0! Eadl Pay f\Mge W:IIIN!iO ee lraea!~d By Hree Percent (3%); Bl•ctWeiprlll, 20i S,Addlng AnAddidooaj Siap OJ To T~e ClasailicaOOns 01' F\Jice ~CfiCe., SergiWlt Of Pulica,lllllfl:!llnant Of Pnlk:a And Antfl!11fnr I, Allpr~a:llng-M Qrr!jnanc:a!~ln Conflict. t:l'.20p.PL IJnd&fl .. dSalai)'Drr*lanc• Mll"r:llnarl:e Amendii"'Q c.ana.nce No. 160~. Tht Uidasslnld E.mplllrnl s.atarr OnManca; AbUibling Par Grade 1 Anl.ll'at' GraOct 2: AbtJIEihlr•g The-Classka!ions -Of: Genrnai Se~icel!IJiecllJ', T~oo And Conclrrii:I'ICf Manag.er, Nrr9!tbofhood SeJYI~'!I Dlr@'dor, Communl'ly.t:oonom~e DPVelopmrnt Oi'ector, OJitl.l'al A.rrais&: TmxMI 0evelq'lmei11 Oireda, ProeuremMt ();vlsm OlrecW.Inform141oo TICiwQ:Igy C+Msbl Directol, CoQe CW!pliao:t Dlliiion Ouclor. UiWrt Drrtctrx Prowrem111t Divialrn.Senice O.hwy Mwragef. otfk:ehlsoda'leiArn:l Pl.mlic lnbmatioo Officer: Establist*\g Thl Oaasi&atl~n~ OfTour1am, c:utn.."aiAffalrsAr.d Er:omml~ ~eDpmeni:Dr'edor,~BurlllngOI'!Ctoi,Procuament:Ot'er:b,nlormatlonT~OWol!ctoi,Asslsla"tDkectocHL.~~nW~f\8SW'ces.~lousrngAndCQmmii'ItW DnelopmentOW-ectDr,lnfl"D::ructtl'• [l¥1uon;IJRdtf,,..~OtyEnglneor,Aslltiuri:DirldorPrOQSementBulldoQ0p«._Millir.l,lei,Dntiga!Dr S~'Vrt()(, O:.ml'll\llltr S$(W'li;R DM5ion llflllclor, hJIJiirAlriiW. Strr\41::e$ Mana.g«, Nile Safety Special ~ects.GoordllliiiDr, Prop~rtv Maln:o~~r.arre/Opel'lltlom. St.JIIIIrinttndenl, l'lreM Ollht Ol'lte IXComlnti"'ICC.'IIOns, LUling Sp«"Labst., PlfiiiC 'Safett' Marvt.qe-rnenti'BI.Jdgo~~t Analyst., ~manc:t Md SCh!:cU1nQ ~ omte Marll!+g«(CityAllomey),VI9l.aiComml.l"icrirdSp8CtairotCanstilul'nt/('.(JnmrssmNcle . .Finan:IW~NIIICSatvty~olll\dmlia:l/M,-s.mc.QS/J.Jiilll)'ll(..lmRaud=i.S~llll'isl;r,RatilyingThi-P..,Gr.JeChi:JoefaThel\sslstani:Oi'IICIO'Pwkin;.lwllsiantrkiiCIII'Pilrlt,a.MdAs:!ilsia'ltl}ireclorReaeatm~ And Ertec'ihfl Thfl A111'1 Full Pay PeOOd Encing In Cctobar 2014, lrnuHlg Ttw Mlrlmum And Til!' M.wrrun or EICh ~ &'ade By Three f'of1:11d: (3'1), Md ~iii"Tbn9hl .8aua The lkad COO fX Uwiog.l4ullmd 01 ~T-o llll'lll P£ent (3%) Ml' kry ~ed Employae~ 8.im Salifl 0Qe,; r.i:rt hreeciTAtl MaumUII CH Jhl PaJ Range Fu Th11 Compr.ible Job TrtleA!I Recommended By The 2009 condrey aa.S$11'1r':a11M.Irod C«np.em:atiOil stud!t "Pay seas.;, B", SUI:lt$QLI«''tl'1t.ln~Mtd Ety ~1!1'1 PM:~ (l":ri) ln..lt.igUSt 201J, -By The COI"':daa1t A~og ~~ ONII'WII::e:i Ill CWIIid (Duelo Tbe Miami Hetald's deadline, U thl• ilem is denlod, tablocl, or with*""" durtng first noacling on Sap-30, 2!113, it will appear in thil; adwerti......,tl 12:29 p.m. Othel'iS!darrOrdroanc:e Ar. Otciriiii1Cit Amending Dl'dl~ Na, 789. Ttlllll Classlfi111+d EnlpiO'fll!+llll Slllaq Dr-dir'lallC~ ()f The Cif)t Of Miami .Beach, Flalda . .As Fdlows: Pmvldlno For The Cllmilirotitm In &1J1.41 \It, Not R~pr11sented By A CGIII!Cihll' Barva~nlr.g lJnll Arttl Commodjr Rlderred ToM ~O!hllr11;; Amei'IIMg All 01 The Pay Grades By Abolishing Pay Grade 1: EstabiiBhlflO Tha Classificatioo.s 01 Are lnspeda I Md Se~Ul~li Rllc:reaUoo Aide; And Etlectlve The Rrst FIJI Pil'\' Peliod Ending In Octobli'r 2014, IOCI'faiin~ lilt M111mum PndThe Maximum ot EliiCh Pay ~ad .. , By Tln1 Perc1nt (3%1,kld l3rarilii'IQ hlAcrM The-Bo.trd Coat Of Uy~Ntjustrnr~nt 01 Up Tu Thr~ll! Perr;;errt (2%J for Mj "OI:hers• Employell! Whos11 Bafle Sal..,. IJ~s Not Era:nd lh" M<i.J:IIIiUM 01 Tl)a PaW Rang~ f[II'Thfl Comparabll! .btl T•tii.U. A1commtnMd By TM 2009 Ct!ndrey ctusrficaMnMd Comptnu,tloo St.JdV '1"'ly Scale B~ And SUbsllqU!!~ Amlll'lodo!lld! EJit Sevo11n Per~MI7% In Au~ust 2013 Ely The r:on&LJitan:l:: flepeiiling AIII.Xdlnanc!s In eonn1ct. (DuB 111 Tha Miami Herald's deadltns, U this item is ilanlttd, tablecl, l)r withdrawrr dPring first reaclirtg 011 Septembei 30,:2013, U w•ll aprpeaf i11 this pdvertisernent~ INTERESTED PARTIES are invited to appear a11tHs meeting, or be ropfes:ented by an agent, or to eJ:press tlleir 'Views In wriUng add(essed to the Ctty commission, cto the City Clm.. 1700 cocwentlon Center Drl~. 1st FIOOf', Crtv Hair, Mt.aml Beacn:. F-IClllda :u,J9. CotJ1es ot mese items are available for public inspection durirrQ oOtmal business houm ifl tile Clly Clerk's Office, 1700 Cooven!:Dl Center [)nvu, 1st Aoor, Clly Halt, M1am1 Beach, Fl-ori:Ja 33139. Thts meetllg, or any Item herein, may be coot~nued, and ooder such circumstances adllitinallcgal notO: wilt r.ol btl pro~ded. Rafael E. Gr.ma.OO, Crtv Clerk CityoiMiam,lleacn Pursuant to Sect.OO 286.0105, Aa. Stat, the City hereby .11dV1sts ttle public tnat· d a pefSOI'I C!eodes to appeal an¥ Oecisloo made b'f ttte Cit)' Commis:'Skvl with respect to any matter cot1skier.ed at tts meeting (X' its neafing, stdl pers0r1 must cmue that a "WerbaUm record cj tlle proceedU1gs IS made, W!'1rrcl'l record includes. tt1e testm100y iifHl l!tYideoc.e UJX)n which the appeal i:s f.o be based. Tht5 nota does not cmst1ttrte OOiisent Oy 1t1e Cit)' for lhe tntrodiJCiion or adm1s:s1011 ot -otherwise illad:mtsslble or iTelewnt evrdenc.e. nor does it authonze chaUenges or appeals PlOt othe.rwist: al-k:lwed by la.w. lo reqoe:SilhlS material in access1t1je format, s1gn lan!Jt~age inter?reters, tnformatlofl o.n access for persons wrt.h dtsatnlrttes and/or any accomml)datiO-n 10 revtew any rucument or par1tcapate many Ctty-spoosoretJ proce-ed mg. please con.tact us five days in .advallce at (305) 67l-741 1{volce) or m users may also call the Florida llelay Service at 711. Ad 11844 THIS PAGE INTENTIONALLY LEFT BLANK 624 COMMISSION ITEM SUMMARY Condensed Title: An ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance; abolishing pay grade 1 and pay grade 2; abolishing the classifications of: General Services Director, Transportation and Concurrency Manager, 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, Service Delivery Manager, Office Associate I and Public Information Officer; establishing the classifications of Tourism, Cultural Affairs and Economic Development Director, Procurement Director, Information Technology Director, Deputy Building Director, Public Safety Special Projects Coordinator, Assistant Director Human Resources, Housing And Community Development Director, Infrastructure Division Director, Assistant City Engineer, Assistant Director Procurement, Building Operations Manager, Investigator Supervisor, Community Services Division Director, Administrative Services Manager, Property Maintenance/Operations Superintendent, Director of the Office of Communications, Leasing Specialist, Public Safety ManagemenUBudget Analyst, Performance And Scheduling Analyst, Office Manager (City Attorney), Visual Communications Specialist, Constituent /Commission Aide, Financial Analyst, Public Safety Payroll Administrator, Senior GIS Analyst, and Records Supervisor; Ratifying the pay grade change for the Assistant Director Parking, Assistant Director Parks and Assistant Director Recreation classifications; 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", 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. Ke Intended Outcome Su orted: Item Summary/Recommendation: Second Reading Public Hearing The City reached individual three year labor agreements covering the time period of October 1, 2012, through September 30, 2015 with each, the CWA, GSAF, FOP and IAFF. Included in the individual contracts, the City agreed to provide a three percent COLA to 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 the 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 8", amended by seven percent in August 2013, by the consultant. In addition, over the last few years several reclassifications and organizational changes took place affecting a number of unclassified salary group positions but not reflected in the Unclassified Salary Ordinance. The attached proposed ordinance will provide conformity for any such actions. The item was presented on first reading at the September 30, 2013 City Commission meeting. Advisory Board Recommendation: N/A Financial Information: Source of Amount Funds: 1 FY2012/2013 D 2 FY2013/2014 3 FY2014/2015 Cost of three 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. The estimated 5-year impact is approximately $4 million. City Clerk's Office Legislative Tracking: Sylvia Crespo-Tabak, Human Resources Director Sign-Offs: Department Director Assistant City Manager MIAMI BEACH 625 Agenda Item _.._g;;..;:S:;......;;..K...:....,_ Date I o-I b-I 3 lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov N MEMORANDUM TO: Mayor Matti Herrera Bower and Mem FROM: City Manager Jimmy L. Morales DATE: October 16, 2013 Second Reading Public Hearing SUBJECT AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE; ABOLISHING PAY GRADE 1 AND PAY GRADE 2; ABOLISHING THE CLASSIFICATIONS OF: GENERAL SERVICES DIRECTOR, TRANSPORTATION AND CONCURRENCY MANAGER, 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, SERVICE DELIVERY MANAGER AND OFFICE ASSOCIATE I; ESTABLISHING THE CLASSIFICATIONS OF TOURISM, CULTURAL AFFAIRS AND ECONOMIC DEVELOPMENT DIRECTOR, PROCUREMENT DIRECTOR, INFORMATION TECHNOLOGY DIRECTOR, DEPUTY BUILDING DIRECTOR, PUBLIC SAFETY SPECIAL PROJECTS COORDINATOR, ASSISTANT DIRECTOR HUMAN RESOURCES, HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR, INFRASTRUCTURE DIVISION DIRECTOR, ASSISTANT CITY ENGINEER, ASSISTANT DIRECTOR PROCUREMENT, BUILDING OPERATIONS MANAGER, INVESTIGATOR SUPERVISOR, COMMUNITY SERVICES DIVISION DIRECTOR, ADMINISTRATIVE SERVICES MANAGER, PROPERTY MAINTENANCE/OPERATIONS SUPERINTENDENT, DIRECTOR OF THE OFFICE OF COMMUNICATIONS, LEASING SPECIALIST, PUBLIC SAFETY MANAGEMENT/BUDGET ANALYST, PERFORMANCE AND SCHEDULING ANALYST, OFFICE MANAGER (CITY ATTORNEY), VISUAL COMMUNICATIONS SPECIALIST, CONSTITUENT /COMMISSION AIDE, FINANCIAL ANALYST, PUBLIC SAFETY PAYROLL ADMINISTRATOR, SENIOR GIS ANALYST, AND RECORDS SUPERVISOR; RATIFYING THE PAY GRADE CHANGE FOR THE ASSISTANT DIRECTOR PARKING, ASSISTANT DIRECTOR PARKS AND ASSISTANT DIRECTOR RECREATION CLASSIFICATIONS; 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 626 City Commission Memorandum October 16, 2013 Unclassified Salary Ordinance 2nd Reading Page 2 of4 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", 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 This item was presented on first reading at the September 30, 2013 City Commission meeting. The Administration recommends the City Commission approve the ordinance and set a public hearing for second reading October 16, 2013. BACKGROUND The City of Miami Beach has the following five (5) classified employee groups 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. The City also has one classified employee group, Group VI, comprising of 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 employees. ANALYSIS The City of Miami Beach has 408 employees whose classifications are in the unclassified salary group. The City has ratified collective bargaining agreements with three of the five bargaining units representing employees. They include CWA, IAFF, and the FOP. On September 18, 2013, the GSAF held a second ratification vote and the contract was approved by the majority of the voting bargaining unit members. At the time of this writing, the City and AFSCME continue to negotiate a successor agreement to the one that expired April 30, 2013. 627 City Commission Memorandum October 16, 2013 Unclassified Salary Ordinance 2nd Reading Page 3 of 4 An across the board cost of living adjustment (COLA) of three percent was negotiated with CWA, GSAF, FOP and IAFF effective with the first full pay period ending in October 2014; and the minimum and maximum of the pay range for each classification will increase accordingly. Since October 2009, there have been no merit increases for any unclassified or "others" employees. There was one three percent COLA in April 2012, for those unclassified employees whose salaries were below the maximum of the pay range of their respective classifications. Note, the minimum and maximum of the pay ranges were increased for all salary groups except for the unclassified and "others" in April 2012. Since FY2007/2008 the management team (senior level and executive employees) has been eligible for one merit increase only. Effective January 18, 2010, employees in the unclassified and "others" salary groups who are members of the Miami Beach Employees' Retirement Plan (MBERP) also began contributing an additional two percent of their pensionable salaries toward their pension, reducing the City's portion of the annual required contribution. In 2008, the Administration entered into a contract with Condrey & Associates to perform a citywide study to ensure the City had a classification and compensation system that was appropriate, competitive and fair. Condrey & Associates, in conjunction with a professor/researcher from the University of Miami, also conducted a best practices benefits survey to collect data on what other jurisdictions were doing to control related costs. Condrey & Associates presented their preliminary findings to the City Administration in early October 2008, just days after the major economic downturn experienced by the stock market. Given the subsequent grim economic news and forecasts, the employee layoffs from many local and national organizations, and others freezing or reducing salaries and benefits, the Administration asked Condrey & Associates to analyze its findings further to make a more accurate and timely recommendation to the City, considering the evolving economic, financial and labor factors. In August 2009, the City received the final Condrey & 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 and benefits surveys. In August 2013, the consultant provided the City with a letter (Attachment 1) advising that the minimum and the maximum of the salary scales recommended in the study should be adjusted by seven percent. The City's past practice has been to provide COLAs to the "others" and unclassified employees consistent with those negotiated and agreed to for employees covered by collective bargaining agreements. Therefore, the Administration recommends that effective with the first full pay period ending in October 2014, the minimum and maximum of the pay grades in the unclassified salary group be increased by three percent and that employees be eligible for up to a three percent COLA if their salaries do not exceed the maximum of the pay range for the comparable job title in the Condrey Study, subsequently adjusted by seven percent in August 2013. No employee in the unclassified salary group, who separates from employment with the City prior to the implementation date of the proposed COLA, will be eligible for this increase. 628 City Commission Memorandum October 16, 2013 Unclassified Salary Ordinance 2nd Reading Page 4 of4 The Human Resources Director will review and determine the appropriate range for those classifications not analyzed by Condrey. Based on an appropriately determined range, with the City Manager's concurrence, the eligibility of each incumbent in those classifications for up to a three percent COLA will be determined. The City estimates that nearly sixty employees in the unclassified salary group will not be eligible for the proposed COLA. The estimated impact to the FY2014/2015 operating budget attributable to the three percent COLA is approximately $800,000. This estimate does not take into account turnover rates. The impact from occupied positions affected by the Condrey recommendations, as amended in August 2013, is provided in Attachment 2. In addition over the last few years, several reclassifications and organizational changes affecting a number of unclassified positions have taken place, but have not been reflected in the Unclassified Salary Ordinance. The attached ordinance provides conformity with such actions. CONCLUSION The Administration recommends approving the COLA of up to three percent, effective the first full pay period ending October 2014, for all employees in the unclassified salary group whose salaries do not exceed the maximum of the pay range as recommended in the 2009 Condrey Study, as amended in August 2013. This adjustment will provide additional incentives and competitiveness to attract and retain new and existing employees. The Administration further recommends ratification of the reclassification and organizational changes reflected in the ordinance and that the City Commission adopt the ordinance. Attachments ~# JLM/~8/SC-T/CMG T:IAGENDA\2013\0ctober 16\Unclassified Salary Ordinance\Unclassified Employees Salary Ordinance Memo 2nd Rdg.docx 629 -----·-·-··· -·--···--~~~~~ -------------- ORDINANCE NO.------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE; ABOLISHING PAY GRADE 1 AND PAY GRADE 2; ABOLISHING THE CLASSIFICATIONS OF: GENERAL SERVICES DIRECTOR, TRANSPORTATION AND CONCURRENCY MANAGER, 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, SERVICE DELIVERY MANAGER AND OFFICE ASSOCIATE I; ESTABLISHING THE CLASSIFICATIONS OF TOURISM, CULTURAL AFFAIRS AND ECONOMIC DEVELOPMENT DIRECTOR, DEPUTY BUILDING DIRECTOR, PROCUREMENT DIRECTOR, INFORMATION TECHNOLOGY DIRECTOR, ASSISTANT DIRECTOR HUMAN RESOURCES, HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR, INFRASTRUCTURE DIVISION DIRECTOR, ASSISTANT CITY ENGINEER, ASSISTANT DIRECTOR PROCUREMENT, BUILDING OPERATIONS MANAGER, INVESTIGATOR SUPERVISOR, COMMUNITY SERVICES DIVISION DIRECTOR, ADMINISTRATIVE SERVICES MANAGER, PUBLIC SAFETY SPECIAL PROJECTS COORDINATOR, PROPERTY MAINTENANCE/OPERATIONS SUPERINTENDENT, DIRECTOR OF THE OFFICE OF COMMUNICATIONS, LEASING SPECIALIST, PUBLIC SAFETY MANAGEMENT/BUDGET ANALYST, PERFORMANCE AND SCHEDULING ANALYST, OFFICE MANAGER (CITY ATTORNEY), VISUAL COMMUNICATIONS SPECIALIST, CONSTITUENT /COMMISSION AIDE, FINANCIAL ANALYST, PUBLIC SAFETY PAYROLL ADMINISTRATOR, SENIOR GIS ANALYST, AND RECORDS SUPERVISOR; RATIFYING THE PAY GRADE CHANGE FOR THE ASSISTANT DIRECTOR PARKING, ASSISTANT DIRECTOR PARKS AND ASSISTANT DIRECTOR RECREATION CLASSIFICATIONS; 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" 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. 1 630 WHEREAS, the City of Miami Beach has approximately 400 employees who are unclassified employees; and WHEREAS, the City has reached agreement with four of the five bargaining units to amend the prior three-year collective bargaining agreements (CBAs) including the Communication Workers of America (CWA) Local 3178; the Government Supervisors Association of Florida {GSAF) Local 1 OO;the Fraternal Order of Police (FOP) William Nichols Lodge No. 8; the International Association of Firefighters (IAFF) Local 151 0; and is still negotiating with the American Federation of State, County and Municipal Employees (AFSCME) Local 1554; and WHEREAS, the four three-year CBAs were approved by the corresponding bargaining unit members and three ratified by the City Commission; and WHEREAS, the Administration will be presenting the contract with GSAF to the City Commission at the October 16, 2013, meeting; and WHEREAS, an across the board cost of living adjustment (COLA) of three percent (3%) for represented classified employees was negotiated with the CWA, GSAF, FOP and IAFF, with a corresponding increase to the minimum and maximum of each pay grade, effective with the first full pay period ending in October 2014; and WHEREAS, the COLAs listed herein are consistent with those negotiated for the classified employees covered by the CWA, GSAF, FOP and the IAFF; and WHEREAS, the City's past practice has been to provide COLAs to unclassified employees and unrepresented classified service employees (OTHERS -Group VI), consistent with the COLAs negotiated by the represented classified employees (Groups I through V); and WHEREAS, effective with the first full pay period ending in October 2014, the minimum and the maximum of the unclassified pay grades, two through 26, shall each be increased by three percent (3%); and WHEREAS, effective with the first full pay period ending in October 2014, there shall be an across the board COLA 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 recommended by the 2009 Condrey Classification and Compensation Study "Pay Scale B", subsequently amended by seven percent (7%) in August 2013, by the consultant (attachment 1 ); and WHEREAS, eligibility for up to a three percent (3%) COLA for any employee whose classification was not analyzed by Condrey, will have said COLA eligibility determined by the Human Resources Director, with the City Manager's concurrence, at the time of 2 631 implementation during the first full pay period ending in October 2014; and WHEREAS, no unclassified employee who leaves the City prior to the date of implementation of the COLA effective the first full pay period ending in October 2014, will be eligible for this COLA; and WHEREAS, the recommended pay grade for each classification that was included in the 2009 Condrey Classification and Compensation Study and, subsequently amended by seven percent (7%) by the consultant in August 2013, see attachment 2; and WHEREAS, the estimated impact to the FY 2014/15 operating budget is approximately $800,000 attributed to the three percent COLA for qualifying employees whose classifications are in the unclassified salary group; and WHEREAS, there is a need to amend the salary ranges for three classifications to reflect action taken October 1, 2006; and ensure the City has an employee classification and compensation system that is fair and internally and externally competitive. [The remainder of this page intentionally left blank] 3 632 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: The following lines of Section 1 of the Unclassified Salary Ordinance No. 1605 shall be amended as follows: CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS A. Salary Grades and Ranges Grade, Classifications and Compensation for the City Manager and City Attorney 26 26 CITY MANAGER Base Salary: Medical insurance Dental insurance Life insurance 457 deferred compensation City vehicle and/or vehicle allowance $162,916.00/yr to $263,126.00/yr $167.803/yr to $271.020/yr Annual vacation, sick leave, floating, and birthday holidays as provided in the Unclassified Employees Leave Ordinance Defined benefit retirement plan CITY ATTORNEY Base Salary: Medical insurance Dental insurance Life insurance 457 deferred compensation $162,916.00/yr to $263,126.00/yr $167 .803/yr to $271 ,020/yr City vehicle and/or vehicle allowance Annual vacation, sick leave, floating, and birthday holidays as provided in the Unclassified Employees Leave Ordinance Defined benefit retirement plan 4 633 MINIMUM MAXIMUM ANNUAL ANNUAL GRADE SALARY SALARY Annual salary based on 2080 hours per year 25 149,287 153,766 240,981 2481210 24 137,311 141,420 221,773 2281423 23 126,368 130,151 204,095 2101212 22 116,296 119l82 187,828 1931459 21 107,026 1101226 172,858 1781033 20 98,495 101,443 159,079 1631851 19 90,645 931666 146,397 1501782 18 83,419 85,932 134,731 1381763 17 76,769 78A33 123,991 1271708 16 70,359 72A77 114,108 1171532 15 65,015 66,971 105,011 1081170 14 59,837 611637 96,641 991536 13 55,068 561731 88,040 911609 12 50,678 521189 81,848 841303 11 46,638 481033 75,325 771576 10 42,921 441219 69,320 71A06 9 39,500 401684 63,797 651707 8 36,352 371449 58,712 641080 7 33,453 341450 54,031 551660 6 30,788 311712 40,725 511217 5 28,334 291179 45,760 471133 4 26,076 261858 42,114 431377 3 23,996 241723 38,757 391913 2 22,084 35,668 -1-20,324 32,824 B. Grades and Classifications GRADE CLASSIFICATION 26 City Attorney 26 City Manager 25 Deputy City Manager 5 634 24 Assistant City Manager 24 Chief Deputy City Attorney 24 Chief Financial Officer 23 Deputy City Attorney 23 Fire Chief 23 Police Chief 22 Executive Assistant to the City Manager 22 Public Works Director 21 Assistant Police Chief 21 Assistant Fire Chief 21 Building Director 21 Capital Improvement Projects Director 21 City Clerk 21 First Assistant City Attorney 21 General Servioes Direetor 21 Human Resources Director 21 Information Technology Director 21 Budget & Performance Improvement Director ~ Neighborhood Services Director 21 Parking Director 21 Planning Director 21 Parks & Recreation Director 21 Tourism. Cultural Affairs and Economic Development Director 20 Assistant Director-Building 20 Assistant Director-Finance 20 Community l Eeonomie Development Director 20 Cultural Affairs & Tourism Development Director 20 Deputy Building Director 20 Fire Division Chief 20 Procurement Director 20 Fire Marshall 20 Information Technology Division Director 20 Police Division Major 19 Assistant Director-CIP 19 Assistant Director-Community I Economic Development 19 Assistant Director-Human Resources 19 Assistant Director-Parking 19 Assistant Director-Parks 19 Assistant Director -Public Works 6 635 19 Assistant Director-Recreation 19 Bass Museum Director 19 Ocean Rescue Division Chief 19 Budget Officer 19 Chief of Staff 19 City Engineer 19 Code Compliance Director 19 Executive Assistant to the Chief 19 Fleet Management Division Director 19 Housing and Community Development Director 19 Infrastructure Division Director 19 Internal Auditor 19 Labor Relations Director 19 Police Captain 19 Police Commander 49 Procurement Division Director 19 Property Management Division Director 19 Public Information Coordinator 19 Sanitation Director 19 Senior Assistant City Attorney 19 Special Assistant to the City Manager 4-Q. Transportation and Concurrency Manager 18 Affirmative Action Officer 18 Application Systems Manager 18 Assistant Citv Engineer 18 Assistant Director-Neighborhood Services +8 Assistant Director Parking 4-8 /\ssistant Director Parks 18 Assistant Director-Planning 18 Assistant Director-Procurement +8 Assistant Director Recreation 18 Assistant Director-Tourism and Cultural Development 18 Building Operations Manager 18 Chief Accountant 18 Expenditure I Treasury Manager 18 Finance Manager 18 Human Resources Administrator II 18 Investigator Supervisor 18 Redevelopment Coordinator 18 Labor Relations Division Director 18 Revenue Manager 18 Senior Capital Projects Coordinator 18 Systems Support Manager 18 Technical Services Manager 7 636 18 Utilities Superintendent 17 Account Manager-Finance 17 Administrative Services Manager 17 Assets Manager 17 Assistant Director-Code Compliance 17 Assistant Division Director-Property Management 17 Assistant For Labor Relations 17 Assistant to the Neighborhood Services Director 17 Assistant Internal Auditor 17 Call Center I Customer Service Manager 17 Capital Improvement Administrator-Finance 17 Capital Projects Coordinator 17 Chief Accessibility Inspector 17 Chief Structural Plans Examiner 4+ Code Compliance Division Director 17 Community Development and Housing Division Director 17 Community Services Division Director 17 Construction Management Division Director 17 Cultural Affairs Program Manager 17 Economic Development Division Director 17 Emergency Management Coordinator 17 Employment Supervisor 17 Geographic Information System Manager 17 Grants Manager 17 Historic Preservation Coordinator 17 Housing Manager 17 Manager-Finance 17 Neighborhood Services Projects Administrator 17 Office of Community Services Division Director 17 Organizational Development & Training Coordinator 17 Planning & Zoning Manager 17 Preservation & Design Manager 17 Public Safety Special Projects Coordinator 17 Risk Manager 4+ Service Delivery Manager 17 Special Projects Coordinator 17 Streets, Lighting & Stormwater Superintendent 17 Transportation Manager 46 ,A-ssistant Director Procurement Division 16 Assistant Director-Sanitation 16 Assistant City Attorney II 16 Assistant City Clerk 16 Capital Improvement Administrator 8 637 16 Capital Projects Administrator 16 Chief Building Code Compliance Officer 16 Chief Building Inspector 16 Chief Electrical Inspector 16 Chief Elevator Inspector 16 Chief Engineering Inspector 16 Chief Fire Protection Analyst 16 Chief Mechanical Inspector 16 Chief Plumbing Inspector 16 Civil Engineer Ill 16 Claims Coordinator 16 Community Development Coordinator 16 Community Information Coordinator 16 Community Resources Coordinator 16 Database Administrator 16 Employee Benefits Coordinator 16 EMS Coordinator 16 Environmental Resources Manager 16 Film & Event Production Manager 16 Financial Analyst Ill 16 Human Resources Administrator I 16 Implementation Services Manager 16 Landscape Projects Coordinator 16 Mayor I Commissioner Aide 16 Office of Child Development Director 16 Office Manager (City Attorney} 16 Organizational Development & Training Specialist 16 Park Facility Manager 16 Parks Superintendent 16 Police Plans & Policies Manager 16 Principal Planner 16 Project Planner/Designer 16 Property Maintenance/Operations Superintendent 16 PSCU Administrator 16 Public Information Officer 16 Director of the Office of Communications 16 Radio Systems Administrator 16 Real Estate Economist 16 Senior Auditor 16 Senior Administrative Manager 16 Senior Management Analyst 16 Senior Management & Budget Analyst 16 Senior Management Consultant 16 Senior Network Administrator 16 Senior Systems Administrator 9 638 16 Storage Area Network Architect 16 Tourism & Convention Director 16 Traffic Engineer 16 Transportation Coordinator 16 Urban Forester 16 Utility Billing Supervisor 16 VOIP Network Administrator 15 Assistant Director-Bass Museum 15 Building Permitting Information Analyst II 15 CDBG Projects Coordinator 15 Central Services Coordinator 15 Code Compliance Manager 15 Code Compliance Supervisor 15 Contracts Compliance Specialist 15 Departmental ADA Coordinator 15 Development Coordinator 15 Development Review Services Coordinator 15 Film & Print Coordinator 15 Financial Analyst II 15 Fire Protection Analyst 15 Grants Writer I Researcher 15 Information Technology Specialist Ill 15 Inspection Services Coordinator 15 Leasing Specialist 15 Media Specialist 15 Network Administrator 15 Property I Evidence SupeNisor 15 Public Safety Management/Budget Analyst 15 Quality Assurance Manager 15 Redevelopment Specialist 15 Right-of-Way Manager 15 Safety Officer 15 Senior Planner 15 Senior Plans Designer 15 Senior Capital Projects Planner 15 Senior GIS Analyst 15 Senior Systems Analyst 15 Senior Telecommunications Specialist 15 Special Events Coordinator 15 Structural Engineer 15 Systems Administrator 14 Administrative Manager 14 Assistant City Attorney I 10 639 14 Building Records Manager 14 CDBG Program Analyst 14 Civil Engineer II 14 Communications Manager 14 Community Development Specialist 14 Construction Manager 14 Cultural Facilities Manager 14 Curator 14 Curator of Collections 14 Curator of Education 14 E-Government Administrator 14 Entertainment Industry Liaison 14 Environmental Specialist 14 Geographic Information System Analyst 14 Housing Specialist 14 Information Technology Specialist II 14 Legal Administrator 14 Management Consultant 14 Parking Administration Manager 14 Parking Operations Manager 14 Performance and Scheduling Analyst 14 Police Records Manager 14 Property Management Contracts Coordinator 14 Records Manager 14 Sanitation Superintendent 14 Senior Procurement Specialist 14 Systems Analyst 14 Telecommunications Specialist 14 Social Worker 14 Transportation Engineer 14 Victims Advocate 14 Visual Communications Specialist 13 Agenda Coordinator 13 Auditor 13 Executive Office Associate II 13 Financial Analyst I 13 Fleet Analyst 13 Grants Writer I Researcher 13 Labor Relations Specialist 13 Management & Budget Analyst 13 Office Manager 13 Human Resources Specialist 13 Planner 13 Procurement Coordinator 11 640 13 Public Art Coordinator 13 Public Information Specialist 13 Security Specialist 13 Special Events Liaison 12 Bicycle Program Coordinator 12 Building Permitting Information Analyst I 12 Building Records Supervisor 12 Civil Engineer I 12 Community Development Technician 12 ConstituentJCommission Aide 12 Executive Office Associate I 12 Field Agent 12 Field Supervisor 12 Financial Analyst 12 Homeless Program Coordinator 12 Information Technology Specialist I 12 Labor Relations Technician 12 Legal Secretary 12 Police Financial Assistant 12 Police Public Information Officer 12 Police Records Supervisor 12 Public Safety Payroll Administrator 12 Registrar 12 Records Supervisor 11 Case Worker 11 Customer Service Liaison 11 Elder Affairs Coordinator 11 Grants & Operations Administrator 11 Ice Rink Manager 11 Media Assistant 11 Office Associate V 11 Parks and Recreation Analyst 11 Sanitation Coordinator 11 Truancy Prevention Program Coordinator 1 0 Assistant Ice Rink Manager 1 0 Code Violations Clerk 10 Customer Service Liaison 10 Management Intern 1 0 Paralegal 9 Case Worker II 9 Office Associate IV 12 641 9 Field Monitor 8 Graffiti Removal Coordinator 7 Office Associate Ill 7 Receptionist 6 There is currently no classification in this grade. 5 Office Associate II 4 There is currently no classification in this grade. J Office Associate I; There is no incumbent in this classification. 3 Social Worker Intern ~ There is no classification in this grade. 4-There is no classification in this grade. SECTION 2: COST OF LIVING ADJUSTMENT An across the board COLA of up to three percent (3%) shall be provided to all employees in the unclassified salary group 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" (provided as Attachment 1 }, subsequently amended by seven percent (7%) in August 2013, by the consultant (provided as Attachment 2). Eligibility for up to a three percent (3%) COLA for any employee whose classification was not analyzed by Condrey, will have said COLA eligibility determined by the Human Resources Director, with the City Manager's concurrence, at the time of implementation. SECTION 3: REPEALER. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 13 642 ------------------- SECTION 5: EFFECTIVE DATE. A. The Ordinance amendments set forth in Section 1 above adding and/or deleting positions shall become effective ten days upon adoption of this ordinance on second reading. Increasing the minimum and maximums of the pay grades shall become effective the first full pay period ending in October 2014. B. The Ordinance amendments set forth in Section 2, providing for a cost of living adjustment of up to three percent (3%) to all employees in the unclassified salary group 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", subsequently amended by seven percent (7%) in August 2013, by the consultant, shall become effective the first full pay period in October 2014. Eligibility for up to a three percent {3%) COLA for any employee whose classification was not analyzed by Condrey, will have said COLA eligibility determined by the Human Resources Director, with the City Manager's concurrence, at the time of implementation shall become effective the first full pay period in October 2014. SECTION 6: 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 relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. PASSED and ADOPTED this __ day of ________ , 2013. ATTEST: Rafael E. Granado, City Clerk Matti Herrera Bower, Mayor 14 643 APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION CONDREY & ASSOCIATES, INC. Ms. Carla Maglio Gomez Assistant Director Department of Human Resources City ofMiami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Dear Ms. Gomez: ATTACHMENT 1 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 reconunend 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 • 0 586.816.406 7 644 Sincerely, Stephen E. Condrey, Ph.D. President Athen~. GA 3060A-7907 W'VVW. condrey-consu lting, com en ~ CJ1 l> -1 -1 l> 0 :I: s m z -1 (\,) en ~ en UNCLASSIFIED CLASSIFICATIONS CONDREY RECOMMENDED RANGES UPDATED AUGUST 2013 ~· ·'·'···-··.·.C--, ... ·;.u •• ; . , · ,,.,_,_ ,_y-.,,. __ , .. t. ,. K ••.•••• , • ,J, I ,-.~.,.,_,._, .. , .•. · _ .-• .. o· •• ··" • I ..... L,~ ,.-c ••. ~/·_;. -,,, •. • • .-.~·" I ,. -'-"~· .·.· I · " "'' -. > ,_,,,• en ~ ....... en ~ 00 UNCLASSIFIED CLASSIFICATIONS CONDREY RECOMMENDED RANGES UPDATED AUGUST 2013 I . . .. M • c. , t _ •-. .-...• -.•.• -._ . , , .... . ,, . • . .. 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UNCLASSIFIED ClASSIFICATIONS CONDREY RECOMMENDED RANGES UPDATED AUGUST 2013 ·'J'-. , ··~-·,.. •• • ,_,.,_ .. , .. , · ,', 1::''' '''·-~"· ''J'.>'.:. ;:.1.·_._.,"'"•1_;·-~·c:· :·.,:w~.'~---··..1··.• .. _., .. ,;-~_,;,.-1-· ... ·:* .. _,_ ..... ._ .. J.• en CJ'I 00 UNCLASSIFIED CLASSIFICATIONS CONDREY RECOMMENDED RANGES UPDAT::D AUGUST 2013 Notes Fields highlighted in gray represent positions that were not analyzed by Condrey; however, job audits have been completed for a majority of them. en CJ'I <0 )( MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NE THURSDAY, OCTOBER 3, 2013 I 19NE NOTICE IS HEREBY given 1hat putllc hearings will be held Dy lhe Mayor ana Clly Commission ot lhe G~r ol Miami Beach, florida, in the Commlsolon CnamDers. Jrd fbor, C1ly Hall, 1700 eon .. noon Genter Drive, Miami !leach, Florida, on Wodneidly, Oclllber 16,2013 to consider the foiiOwmg: 10:10a.m. A Resolution AcGeptinuThm-RHGOOJmeOOll.tlm D1 The Gl(y"!! Finane~ And Cltp~lde Projects Gommi551oo committee ("'FGWP(;"); Approvi!1UAI1d Alrtlmr12ing Th~ M:Jyllr Alld C:l'ljl tl~l1c 'rll E~etllt!! AN~ LeaS$ Agj:fement Betwun TM Cl~ /liKf Alpha: 22. UC ["T!n.-wn kid Th! CJty, For A Term Of g Vears .sm 3&1 0aws, invdw1ng The Use Of 2,216 SqiWe F-1et Dl' Cltji-OwnedV ... ll Pwp!rty.located AI22"WIL'Ihlrv;too Aranue,AdjacentTo &.sting llestatJ"Mt Spaee located At 816 ComiiJti'rcB strll'et, MJaml8each:, Florida :l:l1~9 f.pat:e~,T11 Be ll!.ed As Outdoor Ca.tll!, GonetrrentWttn The L.nse!I.Jy rn Thl MJ(llni:flg RI-Bia!ur&rrt,Antl Furthr:rWaMng, By -'.5/lU, 'Iota, The CMipoffli!W Bil'l(llng fl.l!q"-re!l'll!nt, Finding SJ.x:h Wil¥•rT<J Be In Ttw B.st lnl..-etd. Ollhe Public. lli:JOa.m. All Dfd!WICIAmtrldtlgThe Code Of The City Of Ml11ml&!ad'l R)'Amer'ldtnQChapler 62,Entltlld 1-bnan Relation:!," llyAmeodlrQArtkteii,Entrtl•d -Elscrimi1~ ... S.v~ndlngDvl'!l"ln J,Entmftd "RIIr;tbtw'lm," S'WAddlnaSeo:.li-:HII:;!TDRequtrtTP)~ f'Ol'11nU CJtfMl~lnE..,1111ry ~~ O!EIO~a,"Mat11,Putlllc~CM'I~, ~ ~~. Md City Fialty lhi1 Fali Sl.lbje<:t To The Hum..-. fbgl'l15-OrdMI'Q lndcatllg Thl!l Applicable StbstBr1tlve Pr(Jt'l~ Of The HOJRWI RJ~ OrdlnR:~. lhl ?tile• Vt1lere ~ t.tay Be Aled, And Such Other lnb1Miinn As The Cny Of t.taml &!ach Dftoms hrUniiiC; Prowklii)J Foc Entw:ement Procedlfes And Providing fa' Se-.tmtlilty, Godll'iellian .llld An (qae'!We Da1e, 11:1Do.m. P.;Umvt~HciBII.J9$$ An 0rdll1o'D:a Amendlrrg rhB Lend Di!l.'elopment f!~gtt~tlom OITJ\e Cjty ~11:, BW Ameflllil~ CllWlM t-42, ·~f'llil Di-;bicts ,t,Jd; Aeylill'ljoos," Arllde II, "O~r~ Ril!)lJI:t~~tjons,"Dii~~oo :J., ""ttlderrtial Mlltltam~~ Dli-tl1clli;,"SI.tldlwle.foo IV, "RM-2 R•~drntllll MlJtllam~. Medium lnbinlii~,' To Lim~ t-loh-lsk Herelf1111er P'rood"'e.:t In lhf Palm View Corridor To Those E~:isllngkJ Df M~ 2P., :2013; t)(rMnln.g The Palm VIM Conioor k.JJI Propertjes .abutting Yhe Wet! Side Ot MtHidiar1Avenwe 8etw~en 17th Str~e~ Md Colllrrs canal; Oelln~ lht fll"'b-or ~.xl~n~ Hot~s/1$ Leaill Coo1ormlng Lla~i~. To E:lcl~ Qu1doo< E~•rtillnm•llt E:il!otlllsl'1ml!n~ Mil' QLWoof Entel'tiloment From PefmiHed Ho1el Ac~;~!itiOfJ Ul-~s; loA.d.rJ HW1sfl1JA Prul-iblt~d li=I.~WIIhln The Bounclarie; Of The PRJm \1\ew Corridor otlhe ~M-21Jktr~: AI;Knowledging State ~e-Emptil:.-1 Of Slut T•m Am-~ Rt~otions; PwvldlrtD Aulea For CeSYllonAnd Re'lllmp'I!Dil ot Hot.ti.Jin 11:20a.m. We~ A~•nu• Hotel Use:a AA Ordmanu Am~ndnq Th! INo1 O.We~<~pmMt ~tgW.ba or Tho!o Clb CWe, By Am41ndlng Chi:ipllllf 142. ~z~ DISlrkb.-.d AegUations; Attlde: U, "OSI:ric1 Reguldons." DWfslon 3, "-Res~drentlill ht..fifilmlty DlllltiiW," S!Jidwisian IV. 1U.t-2 Alllld!nlial Ml.ltlfe.mlly, Med.llm _,~!lllir;";And By AmeOOng SOOdlvlsiooV, "RM-3 ResldB-ntiaiiAJIIJ1arnil-,, Hid'! lntemity,""TD LimirHml!ls,t., ileretnai't« PrrMried In The Wes.tAvtnue COITidor i.:;lr.Jse Ex~l)gAs Of May 22, 20l3; DeftnOg The West.A'IItnue r.orndar A! Thalli~& Blv~r~ By ~IOJ ~ToO Tl"oot Nwth,Mim Road To The East. BllscayrMI Ba)'lolheWest And 6tll S'b'HITo The South; Oeflling The Rlgills or Em\jng ~ebi It£ llll)a) Cl;nfllminrJ l.l9el>, To fldude Outd:w Enlert:a.lnmem EstabiiWn.entsW Oliltltf Entertainmenl from folerm1t1ed ltnel AcGeESU)' lhle-ii; ToM:j Hdels As A Prmlilf'd LIRWilhnT~ Boori!Wits OITheWHI~e C«rid:ll" 01 T~ 1\M·:i!" /li'r4 RM·l DtliU'i~ .tK.~1-dginQ S11t1.: Prf-Emp&fl 01 ShM Term Rel'ltal ~. ful¥1ding RLJn Fu" Cesatbl.hld "-wm~:~IDI Of lbtellk.es. 11:30 a.m. RM·:l Aa;IBSCll'y lJs.t Si~e An Qrdnan<:t.Amendlng Tile Land Dtvelopment R~tulldluns Dl The Cod~ 01 Th1 Ci'ly Of Ml~ml S.each. Ey Am-endiflg Chap1-er 13!'., CnUtl~d ~Signs,~ 9y Amending Artkl= t. En11Utd "In Gen.,ral,"" B)'Ame00Lng Sllctlool38-8 To Mmtty The Aceemry lile Sign P.equlr~ments For Oceantron1 Bulldfngg; BvAnwnding Artidt V, &lUlled ~Sign Regljl.allcm B~ District," By Am~ndH'11J Silo~ 138·1ll1oQ ModlfrTht Re.-r•m•l'lt:i F~ l"'ut~~h'IIIA!J..tmll'nt Built:linliJIIS wtlhln TM FIM-.3 Dlr.trd AAd ey Ameod1rlg Sf!ctiOO 136·172To ~TIM! 1-lequlrementi for Ho11b And.Apartm~ri BulllingsWIU1In Tha RM-3 Oistrlct 1'~:40a.m. Al1 Oroinant~ Ame-lfdjn~ Ch-;q,der ,0-0 01 Ttl~ Mlo~mi 8~.1d1 C!l;i Cude. Enliih!ld "Sllslainabillt," R~ Am~nrlingArticle II EmiUe-d .. En.erqr [.cGnern•~ Oeve~®menl Zan.~ PJiol Program· To lodude-Miami-:lade COI.rrly's Gr.ern Ruslne~ Cl!rtilkatlon MAn Adrlitional Eligibility Cr1~r1a To f'<trtlc~al:e 111 The Er.erg'i Ecm\OIIIIC Development Zoo~ Pilllt Progmm, Pl'ooling Fw S~'o'~rat,oifl~, CQdlll(:~(l<ll'l, ~!peal@!", Ahd-hllrfe<;ti~e Dale-11:5D a.m. An Ordlr'oiR"e Amerdng The tode Dflhe ~ 01 MW111 Beac:l1, Bw Ame1King O&lpter 54, Entitled ~Floods • ByAmefdngArtide U, Enmltd -~aJn Managemen~ • ByAmenc3t~ OMsloo t.Efllitled ~GIInllraly,"ByAmendfwQ SecllM 54-:35, En~-d "rletinltiOni" 8yAmMngAnd Dtle~ng ~(Wn Dei'ji'Vboos. Th..rtiJl; B:w~ DrYI9iro. 2, Entitled "GMtral ~ • ByAml!f'MingSK1Jon ~-38,En'ldltd "Oe:sqlltwl 01 FIOXI&fplainAdrmri:slfator"To Dedgn*r Thl BIA!Iding Drlk::~aUnslead Of The &i~dl'lg Otrector,As TOe f+oodplanAd1!1\r1lt111Dt, Ef1hntfldllg DIVisiJn 3, Enllfed "Adnmstratoo," By Amending Section s.t 45, fnjj!led '"f'errnli Procll!lbes~ And S~n 54-46, En'litlfd '"OutirtS AAd llt!lp[IMifllliltiUilXThe 8lilldlflg ~lrectol' Dr V~~i!ot!'l~;t CllWIQII= AI SUihi"'Q Dn~~~;lor Reler11,;e.s Ther~ln To The floodp~ Admlfllstrab: Arne~ OMsion 4, Entitled 'PrOVIalons For Flood Hazard -A!d~oo·. 8)' A~lerodli11J S.o;bocJ M-~7. ErrtiUird "Cieflll!fal standards; Sec!loo 54---8, [nt!tted "Spedllc standards," And Sectioo '54--49. EnfiU~d •sper:lfw: Standard!! For A-Zon~~WI'It1nut Base Flood ElePJatioos AM Regulatory FloodWay!Si~ le r.iod11'J Ctrtaln Flood Hazard A11do.JctiD11 PuMsioos.; By Deleting The f>J'O'o'19IIIM In Sm!M 54·50, Entitled "Standard; f(( A.·.O ,lonH;', ByA.rnfndlng D~i$100 5, Ellti'lltct "Vanan::~ ProcedurB!I," To ChangeAIISuildlng OLrector R!fe:~en::§ Therl!~fl To Th~ FIODdp~alnAdmln1Walor; P1wldn"G Noo-SubstantiY~. Oenr.al Revisions Tr.mughoot Mlcll! II 01 C~Hif ~-1~:00 p.m. Ordlnancr Amendlng Mlamc Beacr. Ctiy Code 0'1Bp"tl!l 82, Ent:llded ~Pttllic 1>1-operty,'" By Am!ndng Attlde ri/Thereot EntJtltd -tl!l~ ~n Public fllght-ot-Waw! ay Aml!lldlnfl' Sectloo82-383. Entitled "Permn Fee; Penalti11s For Late-P:!lyments; Review m F"etl,~ By Amendn~ Slbs«tlon ~ Thtri!Of 111 Abflt1 Sld~tY~alk C-aflli F~e11 For Bmlnli9Ses North Of &3rd SU'eet. Tlv"o.4lllnd lnWdmg SS?"ttlllblf M, 2015 And ReqUrlr.g A 81Jjoat Aralysla And Review Bw Th11 City Admlnlstrabon By September 1-5, :i!U15. I 2:10p.m. f•reAnd Pola Salary Or~ An Ordmanu Amencilng Qlillllf'l:e No. 7811. The Qaaifiod Em~~~r.~Saliii"J' DrdiJ"'aa'J;e Oflhl City Of Yiaml Se~~eh. Rorilia, A9 folows·ll Acc:ctdarr.!i: Wlmltle Nep:JatN ~e &.gllrilgAgr.menb. Prwldl~ fg( Thl ~tb-6 tJ oGrot.fJ H. Aeprnan:r~d flyThrl FriiiMNII OrO. Of Pl:lllr::e (FOP)W1I.am Nic:l"'oblodge ;'olD 8.,And FoJ Tt. Cl.stlca!ons In Gr~ m, R.eprnente.:t By The lrtemational ~tiorl or Mre A.ghtm, \IAAl. LDCilll 1510, E'M"«=Iive The Rrst Pay Period Ending lo Odober 01 201~. n.te Shill & Ail krcrt5$ Th'lllblt<l Cost-OI·UvlngJ.4,J!stmtm \CO\.M 01 Thlee f'tluR [3%}, h"Kl Tie Mhlrnum .6.rld Ya.Jimwm 01 Ead1 h)' ~ WJIN&J 8e lraeased ey 11ne Percerrt f3"'1: fl'f8ctNo!! Af:lrM 1, 2015,Addlng Arl~ttonal S!e-p ~I To Th! ~'ficUlnl 0\' Pokf Ontttf, S!rgen Of Pt;Jfl~. Ll.uttllliWlt Of Pdlce And J1~1l~r I, ~all~ • O'dlfiW'Ite5ln GM'ftlc't. I 2:20p.m. l.h::il~~fted Soll'll)' OrdiJ'I&OCe /111 Ordi~l ArlumdJng O.dlrumce Nil_ 1605, lhll Llill:llmltled fmp!O'f'ee~ Slll.al)l DrdiMr~Ce; AMIIsNn.g Par" Grade, An.:l Paw Graoe Z; .Ailolllllllng Tile Cl~alll:)()a (lt; ~BMial Serllk:-B:II Ohcta, frarE~portatloo And Coneurrer;cy Man.a~er, Nej!tbofhood SIW\IIees [tlret~t~r, Commurltyi'Lcooomlc DeVtlopmenl Director, CUrtu.al ATtah & llllllsm OmelopmenC Director, Proourement Division Dlrecior, ll'lll'nrmatioo TeciYlology DM9oo DlrecTOI, r..tlde: Gomplllmce Dlvl"!loo DutiC'tllf, A.!si'!IIIIT! 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Olr~ctor Ollhlt Offtc.l m Commli'\OIIm~o, l.M!j~ Spedal~ PtlbiiC Sfl'l~ty Mat~~~9'!!m1n~et ~ Pllrftll"rn.ilf'le@ M~ Sc~41.th~ ~)'$(. l)l'fk;., r.\Wlagi!III'{CI'tyAttom~).VIUliComrnlftc:atiDnJSiJeclailst,Constitu!nliCoiii'1~Aicie,AnardaiAnalySl,PlbllcSAtety~l'III.A.dmlnl!ltl'mr,SmorGSAIWyst,.AndA!ttW"diS.~;A.abfyinqThtP'ilJIGradtCIH1gi-Fll'll'IIIAIBsta-rtOiroiiC!J:IflatJng,.AmitotantDit•~ParkJJM And Eflec1Ne The F1rst fiJI Pay Perklcl EfllloQ Ill Q:1QOef 2014,1ru~ Tht Min mum And The MaliiiiJITl Of E.tl Pay Grade :By Three Per:cel1 (3%); Md Grdr.:J MAcfoss The BoarO Cost or l.i¥1"9 ~enl (I tJ;1o lo U.n Plfl::enl (.I%~FCII ~ lhilllalrlaod Em~:~Uie.Wl"m! Ba9ll S.U,. Doe:s P*:lt Elx:eedlhl J.l.axlrn..n Of ThiiPayfbngeForlheCofTipani:JieJobTrGe~RecommemildB"'lhiiiZOOSICondre,U..tk:il1unAndCom:>~«JRtioo~"P'.ilyScale6",~AmendedBy~n~L'if11:U"-~In~201:t,Byl"M~~~NII)rell~lnCOi'lftlet (Due to Th& Mlamt Herald's <laadlinBt if til item is dMiBIII, tabled, or wilh*awn dl.Wing firsl reading an Saptembor 311,2013. it will appear In til ad"nrtitemenll 12;2!1p.m. Otllen.Salar;'Or~~l!: M Ordlneflct At'nerw.Jjng· Ordinance NG. 789, The C1asstfted fmploy~ru~; S.a.Jary Ordilllflljoll 0! The C.lty 01 Miami DeliCh, Florlde, .4s Fdlowa PrcMdlng for The Class.lflcal!om.ln 6mup 'd, Not Repres•nted BW A Collac~e Bwgalnlrt;t UnllMd tumrnorly :R"kumd To As ~c.tlw!:t;Amei"'(Jinp All 0~ TM Par GradBs Bw ~lslling Pay Gr!lde 1: (sl.ablllihlln.g TM Classiflcallorls Df Fire lnapeclo' I Md S.aoonal Recnra~on Aldt; Md EHo~tiv~ nw~ FtrstfU.l Poly PeriOO Ending In Qdob.er 2014, Increasing The Wnlmum .&ildlh• Maximwm 01 Eactl Pa'f Grade, DyTIIIl'! Ptrt:!nl (J"'ll;ffid Gran~naAA krM Tt'JII! 6card ~Of Uwjng A401111.menl.Of Up Tc Thre-e P=rcent (::!%)For q "Others' Emplo'fC'eiMmill' BaH Salary Does NM EXce'lldlh• MQ:IIllQm 01 Thill Pi.w Aarm fl)(" lhll CO-mparabl• .J<lb Tl'tl• Af1 HI!=CORJI'rlel'ld$~ B~ Tha 2009 Coodtrt CluaifiCIIDcll Ar.d Compen!lo:tlon Stlldy '1'ny SCa.le El" Md SUbM~nGy AmtMed OW &ell'!!.l'l Pf-rcent 7'lli In 1\ilgust t-013 By lr. C008tlltant; Re.peaUng AI Clrdlnanca.ln r.ounk:l:. (O.elo 1he Miami Herald's deadlin<!,ll llllsllem II donlacl, taDied,arwlllldrawn d"ring firslreadin~ aa Seplemllllr311,21113, it will OP!lNrin !his ad....m.....,q INTERESTED PARTIES are inviled to appear at thoiS meet1ng, oc bfl represflfitBII by all agent, or to e•press their views ~ wrihn.g addressed lo the Cjty CommiSSIOn, Cia ttie Ctty Clel1<., 1700 Coo"'ttnlJ<lfl Center Drive, 1st FlOOr, cny Hal, Miami Bead1, Fiend a 33139 COpies of these items are a.,.allable for public inspection lbing normal business l'1oln jn the City Cten<':s otflce. 1700 ConvenUon Center (}rtve, 1st Floor. ely Hall, M1am1 Beach. Florida 33139. This meetng, tf" any rtem herell, may be mnhnued, and under silll drcumslances addjtiOOallegal notice will not tJ.e provil1ed. Ralael !'Granado, Cicy Cieri< City t)f Miami aeac:n Pursuant lc Section 28!3,01 35, fta. Stat .. ll'le City hereb-y aavlses ttle publiC that If a person ilecKies 10 ap~ear any decl&too ma.:je by thD titv Commission with respect to any maHer coosldered al its meeting or its hearing, such pernon must Mue that a verbatim record of the proceedlngs rs made, w!l(;h recoul incJu.:les the testimony and evidence upon wtuch 111e a!)~eal is tr~ be based. This nol.::e does not IXflsl~ute consent b~ the Cicy for ltle introduction or admissiOn of otherwise lnarJmlssl~le Of irrelevant evfdence, nor does it .autnori2e challenges Of 3ppeats not otherMse anowea tt~ law. To request tillS m.w~riaJ i1 accessible tor mat, :s.ifJn language interpreters, informal ron on access for persons wrth dlsabilittes .and/or a:nv acwmmodat10n to revtew at'IY document or participate in anv Ot;-SPGASOII'e-d p,-oceeding, please contac1 us five daY$ ir1 advance at !305) 673-7411 (vOice) or TTY users may also <aline FJoriOa llelay Service al 711. Ad 11844 THIS PAGE INTENTIONALLY LEFT BLANK 660 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 Of The Pay Grades; By Abolishing Pay Grade 1; 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. 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, with the last COLA not having increased the minimum and the maximum of the pay ranges for the "Others" salary group. Item Summary/Recommendation: Second Reading Public Hearing The City reached individual three (3) year labor agreements covering the time period of October 1, 2012, through September 30, 2015 with each, the CWA, GSAF, FOP and IAFF. The City agreed to 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 8", 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 proposed amendment to the ordinance. The item was presented on first reading at the September 30, 2013 City Commission meeting. Advisory Board Recommendation: IN/A Financial Information· Source of Amount Funds: 1 FY2012/2013 $0 D 2 FY2013/2014 $0 3 FY2014/2015 Cost of three percent salary COLA for qualifying "Others" employees $30,000 OBPI Total $30,000 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. The estimated five-year impact is approximately $150,000. Clerk's Office Le islative Trackin : Sylvia Crespo-Tabak, Human Resources Director Si n-Offs: Assistant City Manager MIAMI BEACH 661 y L. Morales AGENDA ITEM -~:......_S'_L_ DATE 10-lb-13 ! MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florida 33139, www.miomibeachfl.gov COMMIS ION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: City Manager Jimmy L Morales DATE: October 16, 2013 Second Reading Public Hearing 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: 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; 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 item was presented on first reading at the September 30, 2013 City Commission meeting. The Administration recommends that the City Commission adopt the ordinance. BACKGROUND The City of Miami Beach has the following five (5) classified employee groups 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 662 City Commission Memorandum October 16, 2013 Others Classified Salary Ordinance 2nd Reading Page 2 of4 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. The City also has one classified employee group, Group VI, comprising of 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 The City of Miami Beach currently has approximately 23 employees whose classifications are in the "others" salary group. The City has reached agreement with four of the five bargaining units representing employees. They include CWA, IAFF, GSAF and the FOP. The agreements with CWA and IAFF were approved by the corresponding bargaining unit members and ratified by the City Commission. The Administration presented an item to the City Commission on September 11, 2013, amending the FOP collective bargaining agreement that was ratified July 19, 2013. The FOP membership voted an the agreement September 9 through 11, 2013 and the members ratified. On July 18, 2013, the City and the GSAF leadership reached an agreement. GSAF held a ratification vote August 1, 2013, and the majority voted against the proposed agreement. GSAF held a second vote September 18, 2013, in which the membership ratified the contract; the specifics of which will be presented to the City Commission for ratification at the October 16, 2013, meeting. As of this writing, the City and AFSCME continue to negotiate a successor agreement to the one that expired April 30, 2013. An across the board cast of living adjustment (COLA) of three percent was negotiated with CWA, GSAF, FOP and IAFF effective with the first full pay period ending in October 2014; and the minimum and maximum of the pay range far each classification will increase accordingly. Since October 2009, there have been no merit increases for any unclassified or "others" employees. There was one three percent COLA in April 2012, far those "others" employees whose salary was below the maximum of the pay range of their respective classifications. Nate, the minimum and maximum of the pay ranges were increased for all salary groups except far the unclassified and "others" in April 2012. Since FY2007/2008 the management team (senior level and executive employees) has been eligible for one merit increase only. Effective January 18, 2010, employees in the unclassified and "others" salary groups who are members of the Miami Beach Employees' Retirement Plan (MBERP) also began contributing an additional two percent of their pensionable salaries toward their pension, reducing the City's portion of the annual required contribution. 663 City Commission Memorandum October 16, 2013 Others Classified Salary Ordinance 2nd Reading Page 3 of 4 In 2008, the Administration entered into a contract with Condrey & Associates to perform a citywide study to ensure the City had a classification and compensation system that was appropriate, competitive and fair. Condrey & Associates, in conjunction with a professor/researcher from the University of Miami, also conducted a best practices benefits survey to collect data on what other jurisdictions were doing to control related costs. Condrey & Associates presented their preliminary findings to the City Administration in early October 2008, just days after the major economic downturn experienced by the stock market. Given the subsequent grim economic news and forecasts, the employee layoffs from many local and national organizations, and others freezing or reducing salaries and benefits, the Administration asked Condrey & Associates to analyze its findings further to make a more accurate and timely recommendation to the City, considering the evolving economic, financial and labor factors. In August 2009, the City received the final Condrey & 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 and benefits surveys. In August 2013, the consultant provided the City with a letter (Attachment 1) advising that the recommended minimum and the maximum salary scales recommended in the study should be adjusted by seven percent. The City's past practice has been to provide COLAs to the "others" and unclassified employees consistent with those negotiated and agreed to for employees covered by collective bargaining agreements. Therefore, the Administration recommends that effective with the first full pay period ending in October 2014, the minimum and maximum of the pay grades in the unclassified salary group be increased by three percent and that employees be eligible for up to a three percent COLA if their salaries do not exceed the maximum of the pay range for the comparable job title in the Condrey Study, subsequently adjusted by seven percent in August 2013. No employee in the unclassified salary group, who separates from employment with the City prior to the implementation date of the proposed COLA, will be eligible for this increase. The Human Resources Director will review and determine the appropriate range for those classifications not analyzed by Condrey. Based on an appropriately determined range, with the City Manager's concurrence, the eligibility of each incumbent in those classifications for up to a three percent COLA will be determined. The estimated impact to the FY2014/2015 operating budget attributable to the three percent COLA is approximately $30,000. This estimate does not take into account turnover rates. The impact from filled positions affected by the Condrey recommendations, as amended in August 2013, is provided in Attachment 2. In addition over the last few years, several reclassifications and organizational changes affecting a number of "others" positions have taken place, but have not been reflected in the Classified Salary Ordinance for "others" employees. The attached ordinance provides conformity with such actions. 664 City Commission Memorandum October 16, 2013 Others Classified Salary Ordinance 2nd Reading Page 4 of 4 CONCLUSION The Administration recommends adopting the ordinance and approving the COLA of up to three percent, effective the first full pay period ending October 2014, for all employees in the "others" salary group whose salaries do not exceed the maximum of the pay range as recommended in the 2009 Condrey Study, as amended in August 2013. This adjustment will provide additional incentives and competitiveness to attract new and retain existing employees. The Administration recommends ratification of the reclassification and organizational change!efle~d in the ordinance. It is further recommended that the City Commission ,:t-1 JLM/K /SC-T/CMG T:IAGENDA\2013\0ctober 16\Ciassified Others Salary Ordinance\Others Salary Ordinance Memo 2nd Reading.docx 665 ------------ 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 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; 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. WHEREAS, the City of Miami Beach has approximately 20 employees who are included in the '"'others"" salary group; and WHEREAS, the City has reached agreement with four of the five bargaining units to amend the prior three-year collective bargaining agreements {CBAs) including the Communication Workers of America (CWA) Local 3178; the Government Supervisors Association of Florida (GSAF) Local 1 00; the Fraternal Order of Police (FOP) William Nichols Lodge No. 8; the International Association of Firefighters (IAFF) Local 151 0; and is still negotiating with and the American Federation of State, County and Municipal Employees (AFSCME) Local 1554; and WHEREAS, the three-year CBAs were approved by the corresponding bargaining unit members and, except for the agreement with GSAF, ratified by the City Commission; and WHEREAS, an across the board cost of living adjustment (COLA) of three percent (3%) for represented classified employees was negotiated with the GSAF, CWA, FOP and IAFF, with a corresponding increase to the minimum and maximum of each pay grade, effective with the first full pay period ending in October 2014; and 1 666 WHEREAS, the COLAs listed herein are consistent with those negotiated for the classified employees covered by the CWA, FOP and the IAFF; and WHEREAS, the City's past practice has been to provide COLAs to unclassified employees and unrepresented classified employees ("OTHERS"-Group VI), consistent with the COLAs negotiated by the represented classified employees (Groups I through V); and WHEREAS, effective with the first full pay period in October 2014, the minimum and the maximum of the classified pay grades, 3 through 14, for the "others"-Group VI shall each be increased by three percent (3%); and WHEREAS, effective with the first full pay period in October 2014, there shall be an across the board COLA 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 8", subsequently amended by seven percent (7%) in August 2013, by the consultant (provided as Attachment 1 ); and WHEREAS, eligibility for up to a three percent (3%) COLA for any employee whose classification was not analyzed by Condrey, will have said COLA eligibility determined by the Human Resources Director, with the City Manager's concurrence, at the time of implementation during the first full pay period in October 2014; and WHEREAS, no "others" employee who separates employment from the City prior to the date of implementation of the COLA effective the first full pay period ending in October 2014 will be eligible for this increase; and WHEREAS, the recommended pay grade for each classification that was included in the 2009 Condrey Classification and Compensation Study and, subsequently amended by seven percent {7%) by the consultant in August 2013, is provided as Attachment 2; and WHEREAS, the estimated impact to the FY 2014/15 operating budget is approximately $30,000 attributed to the three percent {3%) COLA for qualifying employees whose classifications are in the "others" salary group; and WHEREAS, two new positions in the "others" salary group have been created and the inclusion of these positions are being reflected in the proposed amendment to the ordinance. The attached ordinance will provide conformity for any such actions that have already taken place and 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: 2 667 SECTION 1: The following lines of Section 1 of the Classified Salary Ordinance No. 789 shall be amended as follows: GROUP VI ALL OTHER CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT COVERED BY A BARGAINING UNIT (A/KIA "OTHERSn) Salary Ranges and Classification A. Salary Grades and Ranges 14 13 12 11 10 9 8 7 6 5 4 3 2 4 GRADE 59,837 55,068 50,678 46,638 42,921 39,500 36,352 33,453 30,788 28,334 26,076 23,996 22,084 20,324 MINIMUM BIWEEKLY 2,370 2.182 2,008 1,848 1,700 1,565 1,440 1,325 1.220 1.122 1,033 951 875 B. Grade and Classifications GRADE CLASSIFICATION 14 Employee Benefits Specialist 14 Senior Electrical Inspector 14 Senior Elevator Inspector 14 Senior Mechanical Inspector 14 Senior Plumbing Inspector 12 Computer Operator 12 Firearms Specialist 11 Human Resources Technician Ill 11 Fire Inspector I 10 Human Resources Technician II 3 668 96,641 88,940 81,848 75,325 69,320 63,797 58,712 54,031 49,725 45,760 42,114 38,757 35,668 32,824 MAXIMUM BIWEEKLY 3,828 3.523 3,242 2,984 2,746 2,527 2,326 2,140 1.970 1,813 1,668 1,535 1,413 GROUP Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified GRADE CLASSIFICATION GROUP 9 Ice Rink Technician Other Classified 9 Human Resources Technician I Other Classified 8 Building Services Technician Other Classified 8 Administrative Aide 11/Risk Other Classified Management 6 Recreation Leader II Other Classified 6 Customer Service Representative Other Classified 5 Office Associate II (H R & IT) Other Classified 4 Recreation Leader I Other Classified 3 Concession Attendant Other Classified 2 School Guard Other Classified 2 Seasonal Recreation Aide Other Classified I Note: There currently are no classifications in grades 13, 7 or 1. SECTION 2: COST OF LIVING ADJUSTMENT An across the board COLA of up to three percent (3%) for shall be provided to all employees in the others salary group 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 8" (provided as Attachment 1 ), subsequently amended by seven percent (7%) in August 2013, by the consultant (provided as Attachment 2). Eligibility for up to a three percent (3%) COLA for any employee whose classification was not analyzed by Condrey, will have said COLA eligibility determined by the Human Resources Director, with the City Manager's concurrence, at the time of implementation. SECTION 3: REPEALER. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 4 669 SECTION 5: EFFECTIVE DATE. A. The Ordinance amendments set forth in Section 1 above adding and/or deleting positions shall become effective ten days upon adoption of this ordinance on second reading. Increasing the minimum and maximums of the pay grades shall become effective the first full pay period ending in October 2014. B. The Ordinance amendments set forth in Section 2, providing for a cost of living adjustment for of up to three percent (3%) shall be provided to all employees in the others salary group 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", subsequently amended by seven percent (7%) in August 2013, by the consultant shall become effective the first full pay period in October 2014. Eligibility for up to a three percent (3%) COLA for any employee whose classification was not analyzed by Condrey, will have said COLA eligibility determined by the Human Resources Director, with the City Manager's concurrence, at the time of implementation shall become effective the first full pay period in October 2014. SECTION 7: 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 relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. PASSED and ADOPTED this __ day of ________ , 2013. ATTEST: Rafael E. Granado, City Clerk Matti Herrera Bower, Mayor APPROVED AS TO fORM 8, LANGUAGE & FOR EXECUTION T:\AGENDA\2013\0ctober 16\Ciassified Others Salary Ordinance\Oihers Salary Ordinance 2nd Reading.docx 5 670 CONDREY & ASSOCIATES, INC. Ms. Carla Maglio Gomez Assistant Director Department ofHuman Resources City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 3 313 9 Dear Ms. Gomez: ATTACHMENT 1 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 !i:6 ',c-:r: '11!~ (J 586.816.4067 '0 h,, ··,: !.~ Athens, GA 30604-7907 www. condrey-consulting. com 671 en ....... f\) Notes Fields highlighted in gray represent positions that were not analyzed by Condrey; however, job audits have been completed for a majority of them. ~ -1 )> ("') J: s m z -1 1\J en ....... w i-MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NE THURSDAY, OCTOBER 3, 2013 I 19NE NOTICE ISHEIWIY gioentl\atpoOiic ~earings will be hold oy!ho Ma)'OI'and t:i!)rGommossion of tile Gi!yo1 Miami Beacii,Rorida. in the Commission Chambers, 3«1 FlOOr, City Hall, !700Con'"""""' center Orne, M.ami Beach, Aorida,ooW-.art.~16,2013 tc cons1d8r 1:1le tolklwing· 10:10a.m. A.R§Oiutionkc•pO!PQT~ Rl'comm!ndall«< Dflht City"'l firlil'QAnd Citywide Prai.ct:& Comrnlsaioo Cammrtlee ("FldWC"~ ~nwlng.f.rld ~Agfl'ie; Mayor Ar1d City Cltr11 To EotuteAN.W basrAg~rmmt Bttwt1n Th1 Ci1J htd.Aipha 22, LLC ("T"nant"] AndTh~ City. For A Term Of 9Years .000 sa.. .[)a'p, IITYOI¥ingThe llseDf2,~16SqLWI!rMIDIDtt--OWM:d'VMAni:F"mp.ef1Y,l6:_..1i:Al22Wahlrgtol1~!fiUI,MJJC•ntToExlsGrlQ~~S~tocllediJ.S1fiGommerceSb'eet.MI&.ml$1lllch,Rorida33139o(SJW!ei,TI'lBtl.JIIdAIOI.Jt(b:,rCa1!,Concll'rl!'n1Witi'1Tht~~OITn.MJQinir.g~rant;And~lriwrWaivW!g,By "Wt.. ThB CompatlM 8id:llng A.eqtJremeri, Findi~ Suet! WaNer To~ In The~ ~ntere!J: ClfThe F'ullli~. !0:30a.m. An Or~-'"""~~ COM ~The 0tw -IJI Miatnl &Men 8r" AIMr»in!:: ~ 62, Ennti..J '1Uni11 R.latium,"" By Amend-l"lg Arb II, Emtt.d "(D"m~IMUI)rl," 8'r ~~ C»YY~ 3, El"'tttt~ "~I!!QlMl!XIn$," 8'W MdjflG SK. li2·92TO ReQIJirt Thf PoJtlog Of NOOcn In Eftl'!' P\a;t ot' Etnpk)Jmtnt, Pl.tlkkt:tvnrnod«llon, Hc:usng koommodatlm. And Gily F.z~ily Tlm Fell& ~To The Hull'\M'I llligl'lf! Ordinii"'Ct lndcating The AppWcable SubsbrrtJvt ?forftail:q Of The r-luman Rigtts Ordinn::l!, Thl! Placl!l Wher~ Carnplaim ....,. Be A led, And Slrll Olht!r ~nfDrrnation A!. Tht City Ot Miami Beatt1 Deems Ptrlln«t; 'Prtlvid~J;~ For Enfcn:emllnl Proced!.nsh.t flrOII~ Fu S.Werabllily. Codfi;:at)m And An EfJIII:IIwl Date. 11:10•.m. Palm!MwHotelt.lses AnO!linancelwnmngTitti:lar'Kj Oevel.,entFIII~Htior'80fTIE CrtyCode,ByAmM'dng Chapter 142, "lonlngOistrietsWRtgW:tlom..w.AitJde 11. "Dtstric!Regula:t!oos .• IJMiillfl3. '1bsidentiW Ml.iifami~ Di5tricts."StJulvisimiV, "RM-2ResldMtlal Mdtifamlty,Meciu:rn lnteNity,"ToUmit~si\sHertinal'tefPn:l'l'idedln Thtt Palm Vi.w Conllb-To Those ExmingAs 01 r.lay 21J, 2013; Dlfinirlgllle F'ailm View Corrldttr hAll Prcp~esAbJJiirJil Tht'WIISt Side 01' Merld1411Av.tllL.Ii!' Befwet~n 17th Street.lnd Colima. Cwlal; Drefini~ The RtW'rtl 01 Exlltin~ .,oltlife Ltgal Corrlwnlng tlses; To Em:lude cutdoa' Entertablment EstabiWunenta ~d Ouhbor Enter1Binmtnl Fmm Permitted Hotel Attft!l'lry I,Jsd; ToMf:l ~II A!Af'rmbiltd UU WIIJ1in tttt B<:ll.ln~M$: OfTht f:alltl Vi'ffl Corrlclof Oflh11 R.M-2 District; Al:::kmt.lll!dglng SIRtfl ~1-tmpt!M or ShOrt Ttrm Rll'lf;ll Algd'"'tll'il; PrOYidlllQ Auk' f« Cnaatiorlkld Rnumpljon Of .,otel Llsi!IS. 11:20.a.m. fkstAti~~lllsa AnOrdnllf'(:l~ffl'ln!J~ Land ~~"'trnf!f~OI1:S Of The:~ Codt,ByM'Iendlf)Q ctlll.pter 142. "Mr..J Di6tricb:Md 1\ii!!gUal;Knl.," Artidall, "Dtmict R@91Jatk:w'$," Dto'IA!on 3, "IIH~ ~~~ ~$0'ictll," SUWV!iiOoiV, "RM·2Ae.~M~ MY1J1anily, MediuTil~";ArJJ ByAml):fldtngS~II. "Rl4-3 R.esidenti.al Pftitifa.rriiJ, ttl~ lrrt!lmlty."Tn llmit~·ll:t~s.ts 1-l~r!HMtlet Prl'wlded lnTh!WI!II:Mnll! Corridor To T!Dse Existing As Ot May ZB-, :201::!., Di!"'ining The W1!18t.A¥enue Canlb-As That Area &rderen' By Cdilm C!wWTolh!-North,.t.ltnn Rmd To The East, Bisar,ne B.ay To lhtWestPnd 61tl Street To-The Sctitl; Definin9The Rl¢tts 01 Cmti11g l-kltl-llik. Legal Cooturmlng Uses. To Exclude CluiDu Er*rtillnmenl: EstabiftnenbAna OUkbor Entertainment fl'Ofll Plrnuftl!'d I*Jtel kcessory Uses, ToAd<:~ Hol:ajs; AlA ~tii.IBeWitt.n Thl Elol.niilies Clffhe WISII'Ieru Caridcr Of The RM-2/Ind AM-3 DiSflicts: ~edglll;i Sta!e Pre-EmpCioo Of ShonT-e«n Aintll ~ Pn:Mdlng Rules fa Cttl&tKloAnd AnuiiJPlKon Of~ U... 11:30a.m. ,...,~llols1-M Mna.rx:e Ammng-Tht Land On'elopmerrt ReiJIJiatiooa Of The Code Of The City Of M1aml Beach, By Ame001ng Chapter 138, EntiHed wSigns," ~ lunefldin~:~ Mltle I. Entitl-ed "In liMeral." e,. Amefii111U Section 138-8 To Mooif)' Thtkmawl'f' Use Si"n Re!fJiremerrts For Oceanfroot BtlldifQS, By Amending Mlde V, Enbtled ~Si!1" flo~~guldrlrul 8Y l)lstrlet,w 6Y ~-endng S~on 138·171 TQ Modify Ttl! Reql.lll'-ITIO!Ii'O fOf HotiJI~ ~4~artmen1 Bl.lildings: Wihn The RM-3 lliSird And By A1Mnd111g Section 138·17'lTO Mtldfy T]'w! flaql.llf-I!IPIIII1Ui FCif ~~~~~ ,t.nd ~enl Bu~4111-Q1 Wrtl'lln Th• A;M·3-01-StJ~ 11:40a.m. M Ordmance Amending Chapl:e-r100 otnrs Miami 8eooch C1t)l Code. Enbtled ""Sust~nabilii;y" By AmendlngArtldP. II El'ltitled ~Eroergy Eoonomtc ~elopmert lone P.~ot P"roqnm" To lndud-f Miarr>i-:Joaojto CoiAJty's Green Bwim:ss Ce'il~a~hoo As An Addtional F~g1Mt'y r.lbe-rill Tc Participat~ In Thoe Ermqv ::conom1c Deve~opment l~ ?ilc:ll :.rl'l!)l'am. PHMiling Fu Si!'~f!raOillt'j. (:Qd1'1~MQI'l, Hep~-t!i. AtrtjAn EJ'Ie.;:b'i'i! Date. 11:50a.m. Ar.Ordlnanl:elunmd[)Q The COO. Of The City Of Mianl Bach. ByAmerKilg Chapt~ 54,Entiliet:i "Rooda," B)'AmendingArtide 11, Entiaed •Fbxlptaln Management,~~ Amend~ DMston 1. Eltitled "GefJeofaty; BJAmendirJ!Ii SIICtia154-lS.Entitlcd "DDIffnltbls" S,.AmendtngAnd Oe~ Certal1 Ol!ftrrOOns There~n, By:Amecdlng DMsim ~.EnUie-d•Genefaif'rooli!lfOOS.,"~~endnt;~Sec1JonS4·'31J,ErVae-d"~OIAoo¢11ailAdoirUiratrx•To~ti'Jhe8llklingOificial,kma:IO!The&.Jidlng()treclof,A!IThe~Admirntnltor-,ByAmendlngOMs!on3,EI"tr1Md"Mnirillr-Hoo,"ByArntntrnvSectblS4-45,EnltUed".PelnrtProcedlres" hid~ 54·46, Entii!Ad "['UtlH.AniJ ~~1111~ Oflt\e Buildipg [ljrectoJ" Or ~oQnte~ To~ AJIIUIOiirto,j Dlt~ ~•rm:n Thl-re~11 To Th~ ~i"t .tw:Jmin~ Am~no ~ •. ErmM "Pto¥lttorrt For 0x:o<1 HiWfd Re-Ouctron", By Atrnlrdf"l'il Sectloo 511-.oll. EnM!ed "Gerwral S'lar.dards." Section 54-48. Enbtled "SpeCific S1a\clarde.," And S&ctbl S4-49, ti'tlilled ·spae1ic Standards For A-ZrnMW'ittvJut BasP Aood ti-N~om/lnd fieiJ.II.atr:wy FIOOdWayS" To Mod1) Gerta:ln FfOod Haztrd -Rlllb:llcJ:i Prortlsioos; Bv Dehrtlnglhr! Pr~ In -snon ~-~ fntjt1ed "StaMM.ts. Ft:lr A--0 lor¥~·; ~Amendrr'IQ Orv1Si0f1 5, En1itled avana.~ flmceaures ·To eto.lge All &l~d111g llrrector Rete.-,n:ea lhtrtin To The Floodplaintwmhiibalar. Provldlfl1il Nan-Substantlr~. Clerical RB'IIiBims Thrn~JfiloutllrlkJe II 01 Chapter 5-t. !2:00p.m. Or(jjfliriCt Am«rd1ng Li1ami B.each Crty Code Chapter a2, E'ntrtll!d ~Publir.: Properly," Ety Am~nding Artlde N Thereof tntltled "Usoes In Pr.Jbllc Ri9ht·DI·~." ay Aml!llldlng ~ S2-3-83, Errtided "Permit Fef· Penalties For late Paymertt3; Review 01 Fee,' fti Amtndn~ SLmtdiOM (AJ Thlnol' T(l A!)aU Sidewalk Qlri ~ fu Btm.in~~~S~rs Nanh CW 63rdSirot,. Th'tlll41 AM ln:::ludln'liJ Sepl!rNJer M, 2015And ReqUrl~ A BtqeihlyslsAM Revltw ~The City Adrftn~ By S.eptembf.r l5, 2015 12:1Dp.m. n~~Pt.A::eS.W.,.I')-dr'ICif"'C-e AniM!lalaAmrtndlngCrr*lana No 789.The~ed [m~ee~~ OflheatyOfi.bmifltadr, Fb'ld.l,.ldFollol.ft:ln~WiU1llal ~I;QIIedNeS..IPJirq~m~.Ptatl!lng For The~ In~ II,Reprftllftl:l Bylhe:Fr21:8n11 ilrd@rQrf'd~ (I'OP)'Mll;tm N-~Lodge ~ll .. ;.rdFt:rft. Cl.a:ltDca-ticnsln~lii,Re,resentaciBJTh!-lnllm!rtDE:I~OI-Rl'I-FJVrren,~toeai1SiO: Bfee'IMThe FltstF'IIt'Plrioo:IEn:inglnOe'labl!r 01' 2014, Tlwtl ShaiiSIIIAn.'aaiiiThi!Bo..-C:ClBt--Cii'---tiving-'4mtmiSit(COI..Al Of Tint! Pereeri(3%,.AndThe Mlriii'Umkld Mdmum Of ED Par RangeW1II.t.js:~6e lrrreased ~Tine Perrelli (3,.,/, En!ICUft~ 1, 2Q15,hlrlngk1Adcltionlll Sl-ap ~)To Thr ~Of Polce Olficef. Sqeslt OfPolce. Ul!lll:analt or Pl*:elnd Firefl!j'Ur I, RepealtVM OniiWlCIS In Coolllt:l 12:20 p.m. ~sdSal.yOrdinaoce An Drdlilln:~ Arn!ndng On:llnar.ce No. 1605, The Undasaifiad Emploraes SaiW)' Or~flllrlCe; Abc411!tlinp ~ Grnde 1 Nld Pay Gffide 2; Abolil!tllng The Cli!SSifiea'lion.s {)f: G1Mral Sarvk:n Oi"ector, TrartllplXtatioo lf1d Coocurr11r.cy Manager, Nelglttorhwd Ssvlees Dlrecir:tr, Communtytfe~mmle Development ~redllr. Ci.Jnral Allaira & TOU'fsm !Melopml'n1 O.ectJr, ~remerrt DiviSion Dlrtocta,lnbmabon Teo;;tnolour Di'f'~liun Dlrs=lor, Code Complara ()MsJan ~redo!", AsslstiWrt !Jirector Prooorement Dlvl1100, Semc:e Deltmy Manager. Offlct~a1-e I Md PWhc lnfuriTliiHOO otficmr, fmat:jlsiiJg Tte -classlbtlc:orB Of Tourism. Cdtural Arfaim Md EcorDrni;:Oe-l~~mertD!rlldoi',Deputy&Jild~~eetof.~me~Director,lnformatlooTtcl'ft)liO<WOifeetor,MsbrrtDitecll)rHumanA~.HMngln:JCammuritJ(melopmlllfltDirector,l~e~llj'ljiM,Auistanl~£ngll'lt~r.AaslttamDirech)rProcllrt"ment,BulldlngDpmtionaMar.lger,IIM'sli S~erviscr, CommunityS.IVIa!S OMD Dlrectrt, AdrrinttbaiN.e SeMI!es Mamb1f!r, Publk Safety Sf,fdll f'Mjeds GoordiMtor, Proptl'tJ' MaJnt.r'lai'CIIOperatioos Sl.plti~ Olr11C'1Dr Cl1'11e OMce Oi Commu'licallons, L-ea'!ling Spaciall9l, MIC Safety Mlt'&()!!rMnt'Budget:Analyst. 1'-ei"!Orrnlnet And Sdlt<!liing Analyst, omc-e Managerlj('.ilrAlti:Jrney).Vis.uaiCcmm~Splidaj11tCoorl:l:iUnt!C:ormnalmAid..A~Amlyst.PUtiK:~etyFiayn:JINimlristrHillr,SenCIGtiArW;st.ktdAeeordiS~RatrfyingThePayl;radllt1wlgeFuTht.t.ls:lalt:DirlltCit:rPowkinv,hBstantDi"ectm"Park!lAndkolstm:DifllCi:lrReerea And £rrectlrta The first full Pay Penod Encklg In Ocloba" 20111, lncrUS11"9flw Mrrlmum Andlhl M.Jrrun Of E!dr Par ISade S,.Ttn~ Pefcert (3%-);lftd Granting MAcross TIM Bcwd Cost Ofl.Mng ~Ifill 01 Up lo Ttnt Plrcent 13"-)Forhfr ~ed Emplcy~Wk= ~ SaJ.y CD:! Not E.::ell'dThe Maximum 01 n-.p,y-FaTMCorn-•Jo01111o .. ,o:om.........,a,Tho2009cor.l'<'l"""""""'""""".........,.....,....,....,s·.~o~m-de,-..Po<e.,.(7"1~-"'''·"'TMConoi.OB«;_.,.,..O«o""""~"""""' (Duo to T1lo-Herold's -line,~ !lis itom il dtmied, ..-_Of wi!hol"""' diO'ing fin;! nsoding on Sop-311,2013, itwi!l-r In lhlo -l) 12:29 p.m. otht"11!SIII.-y0rdl~ An On:lnancltAmBndang Ordinara fob. 189, ThB Clas5/fiec; EmplopK&awy-OrriMrr! Oflhl! Clti Ot MIRmi 8ew:ft, F1crida,A:s Folllows:f'rtwldl~ For The Glassrticatlors In lirwp\11, ~Represented ByACol1ect!¥e Bar~ng Uri! And Cmrmnt1y Rl!'fi!IITI!dToAlr~tl'ih.ei"!!;";ArMrvllngAII Of The Pay G.r;t,oe, By,tboiiShing Pay Grade 1; E.statJ.Iislling Tt!e Classirications 01 Fire lnspec1:of11trrd StliiSQ'Jil Rllcreation.tJd~; Md EflectJYII The Rr.d: F"tJI P3y Period End~ng In ()ctOOer 2!114, ~r.crt~asiflll The M~mum And The Mu:Jmum or Each Ply Grade, By Three Perceti (3%)~ lw:l GrantlrJjjhl AcrtDl The Bead Cost Of llvingA.JjustiDitrrt OtUp To T1Yoee Percent (:!;%) ForAITy"'thhrn." Eml)krreeWhOslll BauSalmy DolsNotEXtet'odTiieMaXIITlUr'nOIThe Par~u• fu-lhe Comparable JobTiH•IIa R1wmmendr!d 8ylhe2009 CmdreyOas!111eaUonMdCOmlleMahStud\l "PaySetle S"AMsmsecauenti~AmeM~ ltf StYerrPmeot7%1nAIJ~U&t2013 By The~ Repealing All Ordnancnln Gadi1d. (llue to T1lo Ml""'l Hefai~'S deadline, H INs hom;, denied, tablocl, ~• wit11drawn during first reading 011 S8plomber 30,2013, it will ilppOar In this advertisement) lrfmlESTEO PARTIES are ~Yiled to appeara1this meeting,O<berepresented by an agent. or to express!lleirviews n wntmg ad<lressodtcthe Crry Commission, c/olhe Ciy Clerk. 1700 Convenli<lllCenterDrive. 1st Floor. CiyHall, Miomi Beach. Florida 33139. Cop1esol !ll..e1tems are available for public inspection IU'Rlg normal busi"les::i txus 11-the City c~·s ON~ee, 1700 Coovenli:rJ Genter Drive, 1st Floor, City Hall, Miami Beadl. Rorida 33139. This meeting, or any dtnn tlerell, may b6 Wltlrnted, and under st.dl ctcumstarx;es additllnallegal noOCe will not be !"'"IIed. Ralae! E. Gnmado. C11Y C1e!'< Cit~ of Miami Beach Pursuant to SeetOn 286.0105-, Fla. Stat , the City hereby advises the pub~ic th-al: ira p-erson decides hl appeal any decision made by tt'le City Commissoo wrti1 respect to any mat1er con&~dar~td a11ts meellr1Q oc its hearmg, soch persoo must ensure that a verbatim recerd of ttle proceediniJs is made< \tdlich record lnct.Kies the testimooy and evidence upon Yltrich the appeal ~to be basad. Thts ootle-e does not constitute r:oosentl:l~ the City lor the i111roductioo oc admission ot otherwise inadmi'sslb~ oc irr-e~ewnt e'iidel'lce, noc does it authorize challenges or app .. is nol o!llorwise allowed by law. To request tius matenal In accessible format, Stgn language Interpreters, mtormabon on ar::a:::ess for persorti with dtSabilrties and/or any accommodation to re'v'Jew any-doc~ment or participate 1n any City-sponsored proceeding, pleaSe contact tiS five: dayS 11 advance at (305) 673·7411(-.olce) arm users may also cal tile Florida 1\elay Service111711. M 11844 THIS PAGE INTENTIONALLY LEFT BLANK 674 COMMISSION ITE:M SUMMARY Condensed Title: An ordinance amending Ordinance 2006-3504, Miami Beach Employees' Retirement Plan (MBERP) for the Government Supervisors Association of Florida, OPEIU, Local 100 (GSAF) bargaining unit, amending the plan by extending the deferred retirement option plan (DROP) program; eliminating the purchase of prior creditable service; and incorporating the adopted pension policies and guidelines. Key Intended Outcome Supported: Attract and maintain a Workforce of Excellence Supporting Data (Surveys, Environmental Scan, etc.) N/A Item Summary/Recommendation: Currently, there is a three year DROP for Tier A and Tier B members and a five year DROP for Tier C (post-2010) GSAF members. The City and the GSAF bargaining unit, in the tentative three year labor agreement covering the time period of October 1, 2012, through September 30, 2015, have agreed to extend the DROP period for Tier A and Tier B (pre-2010) members from three to five years, effective October 16, 2013. The City intends to extend the DROP period to all pre-2010 members currently participating in the DROP. The reasons why the DROP yields saving to the City's ARC is that participants are not eligible for the annual retiree cost-of-living increases while in DROP. The DROP extension is projected to generate $43,041 in savings toward the City's ARC in FY 2014/15, as well as $337,491 in savings off the unfunded actuarial accrued liability (UML). These pension changes are commensurate with the CWA bargaining unit and members not covered by a collective bargaining unit (Unclassified and "Others" salary groups). The GSAF also agreed to eliminate the provision that permits bargaining unit members to purchase up to two years of prior creditable service effective September 30, 2013. It is important to note that the true actuarial impact is significantly higher than what the member pays for the benefit; the difference of $26,000 per employee is recognized as an experience loss and is funded by additional City contributions overtime. The agreement with GSAF, as it pertains to its members continuing to pay the additional two percent pension contribution, which began in 2010 pursuant to the 2009-2012 GSAF collective bargaining agreement, is contingent upon negotiating or imposing a parallel provision on AFSCME bargaining unit members. The City is still negotiating with the AFSCME bargaining unit. The estimated impact of the two percent is approximately $78,459 per year for GSAF members; this amount will continue to increase over time as employee pensionable earnings rise. At the July 17, 2013 City Commission meeting, the Mayor and City Commission adopted the policies and guidelines proposed by the BAC. These policies were incorporated in the Fire and Police Pension Plan ordinance adopted on September 30, 2013, and have been incorporated in the proposed MBERP ordinance. Based on the foregoing, the Administration recommends amending Ordinance No. 2006-3504, the Miami Beach Employees' Retirement Plan by extending the DROP for pre-2010 members from three to five years; and eliminating the two year past service option for members covered by the GSAF collective bargaining agreement. Implementing the described changes will provide additional pension savings in the short and long-term. The Administration recommends approval of the ordinance on first reading and setting the second reading and public hearing for December 11' 2013. Source of Amount Funds: 1 FY2012/13 $0 D 2 FY2013/14 $0 FY2014/15 Reduction to the City's ARC to MBERP represented by $43,041 in pension 3 ($30,368) savings due to DROP extension; and savings of $21 ,660 due to the elimination of the purchase of prior service. Savings are offset by $34,333 in salary costs. OBPI Total ($30,368) Financial Impact Summary: The reduction in the ARC for MBERP as a result of the DROP extension does not have an impact on the City's FY 2013/14 operating budget, however, the City will receive an estimated recurring savings off the ARC in the amount of $43,041 attributable to GSAF during FY 2014/15, FY 2015/16, FY 2016117 and FY 2017/18. The total five year impact of the DROP extension is a savings of $172,164. The savings through the elimination of the ability to purchase prior service is $0 during FY 20 13/14; $21,660 attributable to GSAF during FY 2014/15; $43,320 attributable to GSAF during FY 2015/16; $64,980 attributable to GSAF during FY 2016/17 and $86,640 attributable to GSAF during FY 2017/18. The total five year impact of eliminating the prior service buyback is a savings of $216,600. The cost effect on salaries caused by the extension of the DROP from three to five years for GSAF bargaining unit members is as follows: $0 on the FY 2013/14 operating budget; $34,333 during FY 2014/15; $104,977 during FY 2015/16; $93,870 during FY 2016/17 and $23,227 during FY 2017118. The total five year salary increase impact for the extension of the DROP is a cost of $256,407. The total five year combined impact of these items is a savings of $132,357. C1ty Clerk's Office le 1slat1ve Trackm : Department Director Sylvia Crespo-Tabak T:IAGENDA\2013\0ctober 16\GSAF\GSAF 2012-2015 MBERP Pension DROP and Buyback Summary-Draftdocx /\AIAMIBEACH 675 MIAMI BEACH City of Miomi Beoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov CO MISSION MEMORANDUM TO: Mayor Matti Herrera Bower and FROM: Jimmy L. Morales, City Managert-4-----.... I FIRST READING DATE: October 16, 2013 SUBJECT: AN ORDINANCE OF THE MAY RAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IMPLEMEN lNG PROVISIONS OF THE 2012-2015 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA, OPEIU, LOCAL 100 (GSAF); 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 (DROP) 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; AMENDING SECTION 6.03 REQUIRING THE CITY TO CONTRIBUTE AT LEAST THE NORMAL COST TO PENSION EACH YEAR, REQUIRING AN EXPERIENCE STUDY AT LEAST EVERY THREE (3) YEARS AND REQUIRING FIVE (5), TEN (10} AND TWENTY (20) YEAR PROJECTIONS OF REQUIRED PENSION CONTRIBUTIONS AS PART OF THE ANNUAL ACTUARIAL VALUATION; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends approval of the ordinance on first reading and setting the second reading and public hearing for December 11, 2013. 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), OPEIU, Local 100. 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 to the employee's pension contribution of two percent. This increase was implemented for the general 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 676 Commission Memorandum October 16, 2013 MBERP Pension Ordinance GSAF First Reading Page 2 of 7 incumbents in all salary groups except employees covered by the AFSCME collective bargaining agreement, which expired April 30, 2013, as the provision sunset. 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 the 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 reform was 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 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 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). The annual savings attributed to the changes for future employees beginning in FY 2011/12 was approximately $900,000 (1.92 percent of payroll) in savings toward the City's ARC. GRS estimated that the City would realize an additional annual reduction of seven-tenths percent per year of payroll applied as a reduction towards the City's ARC in perpetuity. These savings on the City's ARC were estimated to vary from a low of $910,000 in FY 2011/12 to as much as $5.995 million in FY 2020/21. 677 Commission Memorandum October 16,2013 MBERP Pension Ordinance GSAF First Reading Page 3 of? The negotiating teams for the City and GSAF began meeting in October 2012, to negotiate a successor agreement since the 2009-2012 collective bargaining agreement that expired on September 30, 2012. After seven negotiation sessions, on July 18, 2013, the City and GSAF reached a tentative three year agreement covering the time period of October 1, 2012 through September 30, 2015. Concurrent with this Commission agenda item, the Administration is presenting the proposed three year labor agreement. ANALYSIS The pension changes recently negotiated with GSAF are expected to generate a savings toward the City's ARC, as well as savings off the unfunded actuarial accrued liability (UAAL). The agreement with GSAF, as it pertains to its members continuing to pay the additional two percent pension contribution, which began in 2010 pursuant to the 2009-2012 GSAF collective bargaining agreement, is contingent upon negotiating or imposing a parallel provision on AFSCME bargaining unit members. The City is still negotiating with the AFSCME bargaining unit. The estimated impact of the two percent is approximately $78,459 per year for GSAF members; this amount will continue to increase over time as employee pensionable earnings rise. The City and GSAF 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' pension but as long as they remain in the DROP, they continue earning their full salaries and all other applicable incentive pays, 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 per week and they are also eligible for merit increases and/or and salary COLAs that all other employees may receive. When the employees leave at the end of the DROP period, their contributions to the interest bearing account are disbursed to them by the plan. At that point, they start collecting the monthly benefits they earned based on earlier years of service under the defined benefit plan. During the DROP period, employees are not eligible to receive the retiree COLA. There are two reasons why the DROP yields saving to the City's ARC. The first, is that participants are not eligible for the annual retiree COLA. The second is that the employee is not earning additional pension benefits while in the DROP. 678 Commission Memorandum October 16,2013 MBERP Pension Ordinance GSAF First Reading Page 4 of? 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 GSAF have agreed to extend the DROP period for Tier A and Tier 8 (pre-201 0) members from three to five years, effective October 16, 2013. The City intends to extend the DROP period to all pre-201 0 members currently participating in the DROP, except for pre-201 0 members covered by the AFSCME collective bargaining unit. Current DROP participants whose period ends between October 16, 2013 and October 15, 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. Based on the actuarial impact statement provided by GRS (Attachment 1 ), the total estimated impact from extending the DROP period for all GSAF pre-201 0 members represents a reduction in the present value of future benefits of approximately $443,000. This means the plan would be expected to pay out $443,000 less, in today's dollars, to current members of the plan. The City's ARC payable on October 1, 2014, will be reduced by approximately $43,000. This savings is comprised of a reduction in the amortization payments on the unfunded actuarial accrued liability of approximately $337,000 and a reduction to the normal cost. The City continues to negotiate with AFSCME with the goal of obtaining consistent pension reform 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 years, long term employees, earning higher salaries, will remain employed with the City for an extended period of time, requiring the City to pay their higher salaries for a longer period. New employees would not be hired to fill the positions of those in the DROP; therefore, the City will not have to pay new benefits. Quantifying the fiscal impact from a salary perspective is difficult since there is no true way to forecast assumptions regarding which employees would choose to extend their DROP participation and who would choose to separate earlier. As of our latest analysis, there are four GSAF bargaining unit members in the MBERP DROP. The cost effect on salaries caused by the extension of the DROP from three to five years for GSAF bargaining unit members is as follows: $0 on the FY 2013/14 operating budget; $34,333 during FY 2014/15; $104,977 during FY 2015/16; $93,870 during FY 2016/17 and $23,227 during FY 2017/18. To attain these figures, 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 Crime Scene Supervisor retires, his/her position becomes available to an incumbent in a feeder classification and the domino effect would lead to the City ultimately hiring a new entry level Crime Scene Technician. In such example, the impact is the difference between the Crime Scene Supervisor's salary and the entry level salary of a Crime Scene Technician. 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. Elimination of Two Year Past Service Option The GSAF agreed to eliminate the provision that permits bargaining unit members to purchase up to two years of prior creditable service effective September 30, 2013. 679 Commission Memorandum October 16, 2013 MBERP Pension Ordinance GSAF First Reading Page 5 of7 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 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. It is important to note that 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 effect on the ARC due to this member's service purchase is an increase of about $2,300 per year for thirty years. Based on trends, the average annual impact of $2,300 per member represents $361,000 to the City each year based on an average of 157 buybacks per year, of which approximately $292,410 is estimated to be attributed to GSAF, CWA, Unclassified and "Others" combined; $21,660 is attributable to GSAF. This impact is compounded each year that buybacks are allowed, as shown on the table below. FY 2013/14 FY 2014/15 FY 2015116 FY 2016117 FY 2017118 FUTURE YEARS Elimination of FY2013/14 $0 $21,660 $21,660 $21,660 $21,660 loss amortization Elimination of FY 2014/15 $21,660 $21,660 $21,660 THE IMPACT loss OF THE amortization BUYBACK Elimination of WILL FY 2015/16 $21,660 $21,660 CONTINUE TO loss COMPOUND amortization EACH YEAR Elimination of FY 2016/17 $21,660 loss amortization TOTAL $0 $21,660 $43,320 $64,980 $86,640 According to GRS, although the elimination of this benefit does not result in a financial impact the first year; the effect of eliminating this benefit will provide significant long-term savings to the plan. 680 Commission Memorandum October 16, 2013 MBERP Pension Ordinance GSAF First Reading Page 6 of7 Additional Two Percent (2%) Employee Pension Contribution 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 Mayor and City Commission adopted the policies and guidelines proposed by the BAC. These policies and guidelines included the following related to management of risk/risk sharing: • The City of Miami Beach should strive to provide retirement benefits that ensure that the City is competitive in the recruitment and retention of employees. In 2010, the City negotiated a two percent increase to the pension contribution from all employees hired before that year. This represented an increase for Tier A members (GSAF bargaining unit employees hired prior to August 1, 1993), from 10 percent to 12 percent of pensionable earnings and an increase from eight percent to 10 percent of pensionable earnings for Tier B employees (GSAF bargaining unit employees hired on or after August 1, 1993). The additional employee pension contribution implemented in 2010, helped address the increased costs that resulted from the downturn in the stock market that occurred in 2008 and 2009. The actuarial valuation report approved by the MBERP Board in March 2013, indicates that the cost of the plan represents 40.3 percent of payroll. Although the Plan is still recognizing the impact from the 2008-2009 economic downturn, the recently negotiated pension changes will yield long-term savings. Although it will take time, when the City's ARC reaches 23.5% of pensionable payroll, the City will rescind the additional two percent pension contribution that was levied on employees covered by the GSAF collective bargaining agreement who participate in MBERP and who were hired prior to September 30, 201 0. Additional BAC Policy Recommendations Also included in the adopted pension policies and guidelines are the following: • 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 681 Commission Memorandum October 16,2013 MBERP Pension Ordinance GSAF First Reading Page 7 of? deviations from those assumptions by the pension boards shall be justified to the City Commission. These policies were incorporated in the Fire and Police Pension Plan ordinance adopted on September 30, 2013, and have been incorporated in the proposed MBERP ordinance. CONCLUSION The GSAF negotiating team has agreed to the aforementioned pension changes. Two contract ratification votes were held by the GSAF leadership; the first on August 1, 2013, which resulted in the rejection of the proposed contract by the members; and the second voting session was held on September 18, 2013, which resulted in the majority of the members who voted doing so in support of the proposed agreement. As a result, the tentative collective bargaining agreement was ratified by the GSAF membership. The estimated five year impact of these proposed pension changes is a savings of $132,357, as shown below. FY 2013/14 FY 2014/15 FY 2015/16 FY 2016/17 FY 2017118 TOTAL Estimated Impact on ARC From $0 ($43,041) ($43,041) ($43,041) ($43,041) ($172, 164) Extension of DROP Salary Impact From $0 $34,333 $104,977 $93,870 $23,227 $256,407 Extension of DROP Estimated Impact on ARC From $0 ($21,660) ($43,320) ($64,980) ($86,640) ($216,600) Elimination of Two- Year Buyback TOTAL $0 ($30,368) $18,616 ($14,151) ($106,454) ($132,357) COST/(SAVINGS) 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 option for members covered by the GSAF collective bargaining agreement. Implementing the described changes will provide additional pension savings in the short and long term. The City will continue to bargain with AFSCME to seek pension savings applicable to all plan members. Based on the foregoing, the Administration recommends the City Commission approve the ordinance on first reading and set second reading and public hearing for December 11, 2013. ~ r;t1 JLM/K~/SC-T T:\AGENDA\2013\0ctober 16\GSAF\GSAF 2012-2015 MBERP Pension DROP and Buyback Memo.docx 682 ATTACHMENT 1 GRS October 7, 20 13 Ms. Carla Gomez Gabriel Roeder Smith & Company Consultants & Actuaries Assistant Director, Human Resources City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 One East Broward Blvd. Suite SOS Ft. Lauderdale, FL 33301-1804 954.5271616 phone 954.525.0083 fax www.gabrielroeder.com Re: Actuarial Impact Statement for Proposed Changes to tbe Miami Beach Employees' 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 for members participating in the GSAF bargaining unit: 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 1, 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. Please note that the above changes were already adopted for all members except for members who are participating in the AFSCME or GSAF bargaining units, and the effect ofthese changes are shown in our September 6, 2013 Actuarial Impact Statement (also refeiTed to as tbe .. Baseline" in this report). The enclosed figures reflect the additional eft'ect of applying the above changes to members participating in the GSAF bargaining unit. 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., I 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 I 0 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 683 Ms. Carla Gomez October 7, 2013 Page 2 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 ofthe service purchase provision will not be effective until after September 30, 2013. Summary of Findings 111e following summarizes the additional effect of reflecting the above Plan changes for GSAF members {as compared to the September 6. 2013 Actuarial Impact Statement): • The present value of future benefits decreases by approximately $433,000. The Plan would be expected to pay out $433,000 less, in today's dollars, to current members of d1e Plan. This can be viewed as the total cost impact due to the extension of the DROP for GSAF members 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 $337,000. This reduction will decrease the annual required contribution by approximately $30,000 each of the nex.t 30 years. The first year normal cost will decrease by approximately $13.000 which is 0.0 I 90/o of total covered payroll (0.02% of Tier A and B member covered payroll). The reduction of0.02% of Tier A and Tier B member covered payroll will exist until all Tier A and Tier B members have retired. The first year required employer contribution would decrease by approximately $43,000 or 0.07% of Non-DROP payroll. The funded ratio will increase from 66.6% to 66. 7%. Other Cost Considerations • As of October I, 2012 the Market Value of Assets ex.ceeds 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. 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 pennission. 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 information furnished by the Plan Administrator for the October I, 2012 Actuarial Valuation concerning Plan benefits, financial transactions, plan provisions and active members, tenninated members, retirees and beneficiaries. The calculations are also based on Gabriel Roeder Smith & Company 684 Ms. Carla Gomez October 7, 2013 Page 3 bargaining unit information provided by the City related to this study. We reviewed this infonnation 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 infonnation provided by the Plan Administrator or the City. 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 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 infonnation 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, -foJIAA,W R QD~ Melissa R. Algayer, MAAA7 C Enrolled Actuary No. 11-06467 Copy: Rick Rivera Enclosures Gabriel Roeder Smith & Company 685 ------· ··-·----· --·---·---····-··-·-... ---····----· ··-·-·----~----------- SUPPLEMENTAL ACI'UARIAL VALUATION REPORT Plan City of Miami Beach Employees' Retirement Plan Valuation Date October I. 2012 Date of Report October 7, 2013 Report Requested by City of Miami Beach Prepared by Melissa R. Algayer Group Valued All active and inactive members. Piau Provisions Being Considered for Change Present Plan Provisions before Change All Members except AFSCME and GSAF Members: • Members hired before October I, 20 I 0 (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. • There is no optional service purchase provision. AFSCME and GSAF Members: • Members hired before October I, 20 I 0 (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.S% 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 00/o of the annual rate of compensation multiplied by the number of years purchased. 686 2 Proposed Plan Changes The following changes would apply to all members except AFSCME Members: • Members hired before October I, 2010 (i.e., Tier A and Tier 8 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. Participants Affected The extension of the DROP participation period would apply to all active GSAF members hired prior to October I, 20 I 0 (i.e., Tier A and Tier B members) who become eligible for normal retirement. The extension of the DROP would also apply to current GSAF 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 GSAF 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 who are not participating in the AFSCME bargaining unit. Additionally, the COLA delay was increased from 3 years to 5 years for members currently participating in the DROP and not members of the AFSCME bargaining unit. All other assumptions and methods are the same as shown in the October I, 2012 Actuarial Valuation Report. Some of the 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 I, 20 12 Actuarial Valuation Report. Actuarial Impact of Proposal(s) See attached page(s). Extending the DROP from three to five years for GSAF members will decrease the first year annual required contribution by $43,041 or 0.07% 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. 687 Special Risks lavolved With tbe Proposal Tbat tbe Plan Has Not Been Exposed to Previously None Other Cost Considerations As of October I, 20 12 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. 688 3 4 CITY OF MIAMI BEACH EMPLOYEES' RETIREMENT PLAN Impact Statement -October 7. 20 13 Description of Amendment The proposed ordinance incorporates the following plan changes and would apply to all active members participating in the GSAF bargaining unit and GSAF members participating in the Deferred Retirement Option Program (DROP): 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. The above changes were already adopted for members except members participating in the GSAF or AFSCME bargaining units. and reflected in the September6, 2013 Actuarial Impact Statement (referred to as the '"Baseline .. of the enclosed report). The figures in the enclosed report reflect the additional effect of applying the above changes to members participating in the GSAF bargaining unit Funding Implications of Amendment See 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 689 5 ANNUAL REQUIRED CONTRIBUTION (ARC) A. Valuation Date October I , 2012 October 1, 2012 Increase/ Baseline• 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. 10/1/2013 10/1/2013 D. Annual Payment to Amortize Unfunded Actuarial Liability $ 16,788,153 $ 16,760,395 $ (27, 758) E. Employer Normal Cost 6,917,430 6,905,335 (12,095) F. ARC if Paid on the Valuation Date: D+E 23,705,583 23,665,730 (39,853) G. ARC Adjusted for Frequency of Payments 25,602,030 25,558,989 (43,041) H. ARC as% of Covered Payroll -Non-DROP Payroll 39.36 % 39.29 % (0.07)% -Total Payroll 36.69 % 36.63 % (0.06)% I. Covered Payroll for Contribution Year -Non-DROP Payroll 65,053,945 65,053,945 - -Total Payroll 69,782,689 69,782,689 - *From September 6, 2013 Actuarial Impact Statement 690 ------------------------ 6 ACTIJARIAL VALUE OF BENmts AND ASSETS A. Valuation Date October I, 2012 October I, 2012 Increase! Ba~;e/ine* Extend DROP from (Decrease) Three to Five Years B. Actuarial Present Value of All Projected Benefits for I. Active Members a. Service Retirement BenefitS $ 260, J 84,135 $ 259,785,430 $ (398, 705) b. Vesting Benefits 31,967,178 31,967,178 - c. Disability Benefrts 7,271,899 7,271,899 - d. Preretirement Death Benefits 3,953,764 3,953,764 - e. Return of Member Contributions 63lz843 631*843 - f. Total 304,008,819 303,610,114 (398,705) 2. Inactive Members a. Service Retirees & BenefiCiaries 407,869,328 407,835,275 (34,053) b. Disability Retirees 12,377,127 12,377,127 - c. Terminated Vested Members 11,480,115 llz480z 115 - d. Total 431,726,570 431,692,517 (34,053) 3. Total for All Members 735,735,389 735,302,631 (432,758) c. Actuarial Accrued (Past Service) Liability per GASB No. 25 632,541,230 632,203,739 (337,491) D. P Jan Assets I. Market Value 423,447,642 423,447,642 - 2. Actuarial Value 421,376,041 421,376,041 - E. Unfunded Actuarial Accrued Liability (C-02) 211,165,189 210,827,698 (337,491) F. Funded Ratio (02 + C) 66.6 % 66.7 % 0.1 % 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 - • From September 6, 2013 Actuarial Impact Statement. 691 7 CALCULATION OF EMPLOYER NORMAL COST A. Valuation Date October I, 20 12 October I, 2012 Increase/ Baseline• Extend DROP from (Decrease) Three to Five Years B. Normal Cost for I. Service Retirement BenefitS $ 9,656,873 $ 9,644,778 $ (12,095) 2. Vesting Benefds 2,047,065 2,047,065 - 3. 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 12,727,605 12,715,510 ( 12,095) 7. Assumed Amount for Administrative Expenses 694!180 694!180 - 8. Total Normal Cost 13,421,785 13.409,690 (12,095) % of Covered Payroll -Non-DROP Payroll 20.63% 20.61% (0.02)% -Total Payroll 19.23% 19.22% (0.01)% 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 6,917,430 6,905,335 (12,095) %of Covered Payroll -Excluding DROP Payroll 10.63% 10.61 o/o (0.02)% -Including DROP Payroll 9.91% 9.90% (0.01)% • From September 6, 20 13 Actuarial Impact Statement. 692 --------------------·------ 8 PARTICIPANT DATA October 1, 20 12 October 1, 20 12 Baseline* 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 A~ 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 DISABILI1Y REI'IREFS Number 43 43 Annual BenefitS $ 1,117,160 $ 1,117,160 Averal,>e Annual Benefit $ 25,980 $ 25,980 Average Age 65.6 65.6 TERM INA TED 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 • From September 6, 2013 Actuarial Impact Statement. 693 ORDINANCE NO. ___ _ 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 GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA, OPEIU, LOCAL 100 (GSAF); 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 (DROP) 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; AMENDING SECTION 6.03 REQUIRING THE CITY TO CONTRIBUTE AT LEAST THE NORMAL COST TO PENSION EACH YEAR, REQUIRING AN EXPERIENCE STUDY AT LEAST EVERY THREE (3) YEARS AND REQUIRING FIVE (5), TEN (10) AND TWENTY (20) YEAR PROJECTIONS OF REQUIRED PENSION CONTRIBUTIONS AS PART OF THE ANNUAL ACTUARIAL VALUATION; 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 October 16. 2013, Members within classifications in the GSAF bargaining unit who were hired prior to July 14, 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 694 benefit paid into a DROP account during the DROP period, in accordance with Section 5.13. 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 Member may participate in the DROP for a maximum of thirty-six (36) months. Effective October 16, 2013, Members within classifications in the GSAF bargaining unit. who were hired prior to July 14, 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 October 16, 2013, any Member within classifications in the GSAF 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 October 16, 2013 and October 15, 2016, shall 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. 2 695 (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 3 696 ------------------------------------------------ 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 October 16, 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 4 697 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 5 698 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 GSAF 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 shall include the annual amount of overtime pay for those Members whose overtime pay is 6 699 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 participation in the Defined Contribution Retirement System, by paying into the Plan an 7 700 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 Convention Authority, the Classified Plan, the Unclassified Plan or the City Pension Fund for 8 701 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: 9 702 (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. (d) Notwithstanding any other provision of this section 4.04, the provisions of this section 10 703 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. Section 6.03 of the Miami Beach Employees' Retirement Plan created by Ordinance 2006-3504, as subsequently amended, is hereby further amended as follows: 6.03 Contributions by City (a) It is the intent of this Ordinance that the City contribute to the Plan each year the amounts actuarially determined to be required, in addition to contributions by Members, to cover the cost of the benefits provided by the Plan. All administrative expenses shall be paid by the Plan. Effective September 30. 2013, the Citv shall fund at least the normal cost of pension. If this exceeds the amount of the actuarially determined annual required contribution. the 11 704 excess should be placed in a pension stabilization fund. to be made available for future pension shortfalls. (b) An actuarial valuation investigation of the Plan shall be performed annually to determine the contribution payable by the City. On the basis of regular interest and of such mortality and service tables as shall be adopted by the Board of Trustees, the actuary shall determine, immediately after making each valuation, the percentage of the compensation of all Members required, in addition to contributions payable by such Members, as contributions payable by the City to provide the benefits of the Plan currently accruing to such Members; the rate per centum so determined shall be known as the "Normal Contribution Rate" and the contributions based on this rate shall be known as "Normal Contributions." In addition, the actuary shall determine the part of the liabilities for benefits under the Plan not covered by assets in hand, future contributions of Members and future normal contributions of the City and this amount shall be known as the "Unfunded Accrued Liability"; the percentage of compensation of Members determined to be payable on account of such liability shall be known as the "Accrued Liability Contributions Rate". Also, the actuary shall determine the percentage of compensation necessary to provide for payment of the administrative expenses of the Plan and this rate shall be known as the "Administrative Cost Rate". The actuary shall recommend on the basis of each valuation a Normal Contribution Rate and an Accrued Liability Contribution Rate and an Administrative Cost Contribution Rate. (c) It is the intention of this Ordinance that contributions be set at such levels, as recommended by the Actuary designated by the Board, as to provide for a systematic amortization of any unfunded accrued liability over a period of thirty (30) years from the date as of which such liability is incurred. (d) Effective September 30. 2013. there shall be an experience study of each of the Citv's pension plans' actuarial assumptions performed by an actuary selected by the Citv. The experience study should be conducted at least once every three years to compare actual experience to the assumptions. The actuary selected by the City 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. (e) Effective September 30. 2013. the City shall require 5. 10 and 20 year projections of required pension contributions as part of the annual actuarial valuations for each of the Citv's pension plans. These projections shall be based on the current actuarial assumptions for 12 705 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. Section 5: 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. Section 6. 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 E. GRANADO CITY CLERK MATTI HERRERA BOWER MAYOR T:\AGENDA\2013\0ctober 16\GSAF\GSAF 2012-2015 MBERP Pension DROP and Buyback Ordinance.docx 13 706 COMMISSION ITEM SUMMARY Condensed Title: An ordinance amending Ordinance No. 789, the classified employees' salary ordinance of the City of Miami Beach, Florida, providing the Government Supervisors Association of Florida, OPEIU, Local1 00 (GSAF) bargaining unit members with a three percent across the board cost-of-living adjustment (COLA); further providing for an increase to the minimum and maximum of each GSAF pay range correspondingly by three percent. 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: After seven negotiation sessions, the City and GSAF reached a tentative three year labor agreement covering the time period of October 1, 2012, through September 30, 2015. Based on the terms negotiated between the City and GSAF for the 2012-2015 collective bargaining agreement, the administration recommends amending Ordinance No. 789, the classified employees' salary ordinance, by approving a three percent COLA for all GSAF bargaining unit members, effective the first pay period ending October of 2014; as well as increasing the minimum and maximum of each GSAF bargaining unit classification pay range correspondingly by three percent. The proposed three percent COLA, effective the first pay period ending October of 2014, does not represent a cost to the City's FY 2013/14 operating budget. The ordinance amendment will ensure the City has an employee classification and compensation system that is reasonable and competitive, both internally and externally. Keeping with the spirit of treating all City of Miami Beach employees equitably, the proposed COLA is commensurate with that of the FOP, IAFF, CWA and "Others", thereby providing parity between the classified employee groups. Based on the foregoing, the Administration recommends that the City Commission approve the proposed ordinance on first reading and set the ordinance for second reading and public hearing on December 11, 2013. Advisory Board Recommendation: I N/A Financial Information· Amount Source of FY2012/13 Funds: 1 $0 No COLA during FY 2012/13 Ll 2 FY2013/14 No COLA during FY 2013/14 $0 3 FY2014/15 Cost of three percent COLA effective the first pay period ending $114,261 October of 2014 OBPI Total $114,261 Financial Impact Summary: The proposed three percent COLA, effective the first pay period ending October of 2014, does not represent a cost to the City's FY 2013/14 operating budget. The impact to FY 2013/14 is $0. The cost to the FY 2014/15 operating budget is approximately $114,261 per year, for a total five year cost, starting in FY 2013/14, of $457,044. The estimated figures do not take into consideration current turnover rates or vacant positions; however, we anticipate the impact of such to be minimal. Cit Clerk's Office Le islative Trackin : Sylvia Crespo-Tabak, Human Resources Director Si n·Offs: Department Director Assistant City Manager Sylvia Crespo-Tabak T:\AGENDA\2013\0ctober 16\GSAF\GSAF 2012-2015 Salary Ordinance Summary-aft.doc MIAMI BEACH 707 City Manager Jimmy L. Morales AGENDA ITEM ___.R._..:.....,.".::>.,.....f'J_ DATE {Q-(6-( 3 MIAMI BEACH City of Mic.mi Bec.ch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM FROM: Mayor Matti Herrera Bower and M mbers otty :.mmission City Manager Jimmy L. Morales . TO: DATE: October 16,2013 FIRST READING SUBJECT: AN ORDINANCE OF THE MAY RAND 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 V, REPRESENTED BY THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA, OPEIU, LOCAL 100 (GSAF), IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING AGREEMENT; 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, AND THE MINIMUM AND MAXIMUM OF EACH PAY RANGE WILL ALSO BE INCREASED BY THREE PERCENT; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION. RECOMMENDATION The Administration recommends the City Commission approve the ordinance on first reading and set the ordinance for second reading and public hearing on December 11, 2013. BACKGROUND The City of Miami Beach has the following five 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, Local100. 708 ---------------··-··---------------------------- City Commission Memorandum October 16, 2013 GSAF Classified Salary Ordinance First Reading Page 2 of 3 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 referred to as Unclassified. In 2010, the City and GSAF reached an agreement to amend the prior three-year (2006- 2009) collective bargaining agreement. The successor three-year agreement was approved by GSAF bargaining unit members and ratified by the City Commission on July 14, 2010. In order to attain the Commission's goal of approximately $15 million in savings from employee concessions from all salary groups applicable toward FY 2009/10 and FY 2010/11, the agreement with GSAF contained no cost-of-living adjustments (COLAs} for the first two and one-half years of the agreement, as well as substantial pension changes. An across the board COLA of three percent for all GSAF bargaining unit employees was negotiated, effective with the first pay period ending in April of 2012 {approximately six months into FY 2011/12). Accordingly, as stipulated in the collective bargaining agreement, the minimum and maximum of each corresponding GSAF pay range was raised concurrently. ANALYSIS Based on the terms negotiated between the City and GSAF for the 2012-2015 collective bargaining agreement, the Administration recommends implementing a three percent across-the-board COLA, effective the first pay period ending October of 2014, for all GSAF bargaining unit employees, providing for an increase to the minimum and maximum of each GSAF pay range correspondingly by three percent; thereby amending Ordinance No. 789, the Classified Employees Salary Ordinance of the City of Miami Beach, Florida accordingly. The ordinance amendment will ensure the City has an employee classification and compensation system that is reasonable and competitive. The proposed three percent COLA, effective the first pay period ending October of 2014, does not represent a cost to the City's FY 2013/14 operating budget. The cost to the FY 2014/15 operating budget and thereafter per year is approximately $114,261. The estimated figures do not take into consideration current turnover rates or vacant positions; however, we anticipate the impact of such to be minimal. GSAF 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. With this recommended COLA, over the six years from FY 2009/10 through FY 2014/15, there will be two COLAs extending the minimum and maximum of the salary ranges. 709 City Commission Memorandum October 16, 2013 GSAF Classified Salary Ordinance First Reading Page 3 of 3 CONCLUSION 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 of 2014, as well as increasing the minimum and maximum of each GSAF bargaining unit classification pay range correspondingly by three percent. Based on the foregoing, the Administration recommends that the City Commission approve the proposed ordinance on first reading and set the ordinance for second reading and public hearing on December 11, 2013. 417~~ J LM/K cfstS:c-T T:\AGENDA\2013\0ctober 16\GSAF\GSAF 2012-2015 Salary Ordinance Memo.doc 710 -----------· 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 V, REPRESENTED BY THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA, OPEIU, LOCAL 100 (GSAF), IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING AGREEMENT; 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, AND THE MINIMUM AND MAXIMUM OF EACH PAY RANGE WILL ALSO BE INCREASED BY THREE PERCENT; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION. WHEREAS, classified employees are categorized into six 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 151 0; 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 ,489 classified employees, of which, approximately 57 are currently covered by the GSAF bargaining unit (Group V); 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 GSAF bargaining unit, with a corresponding three percent increase to the minimum and maximum of each classification pay range; and WHEREAS, the COLA listed herein for employees represented by the GSAF 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, Group Ill represented by the International Association of Firefighters (IAFF) Local 1510 and Group IV represented by the Communications Workers of America (CWA) Local 3178; and 1 711 WHEREAS, classified employees represented by the GSAF 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 GSAF 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 the first pay period ending in October of 2014, incumbents in all GSAF bargaining unit classifications will receive an across the board three percent COLA, and the minimum and maximum of each pay range will also be increased by three percent. 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] 2 712 GROUPV GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF)-SALARY GRADES AND CLASSIFICATIONS 1A. SALARY GRADES AND CLASSIFICATIONS -EFFECTIVE OCTOBER 1 I 2012 GRADE 15 15 14 14 14 14 14 14 13 13 13 13 13 13 13 12 12 12 12 12 12 12 12 12 11 11 11 11 10 10 10 9 9 6 CLASSIFICATION BEACH PATROL OPERATIONS SUPERVISOR CITY SURVEYOR AIR CONDITIONING SUPERVISOR CRIME SCENE SUPERVISOR ELECTRICIAN SUPERVISOR PLUMBING SUPERVISOR SENIOR BUILDING INSPECTOR SENIOR ENGINEERING INSPECTOR COMMUNICATIONS SUPERVISOR FLEET OPERATIONS SUPERVISOR PROPERTY MGMT OPERATIONS SUPERVISOR PUMPING OPERATIONS SUPERVISOR METERED SERVICES SUPERVISOR SEWER FIELD OPERATIONS SUPERVISOR WATER FIELD OPERATIONS SUPERVISOR CENTRAL SERVICES SUPERVISOR ELECTRONICS/INSTRUMENT SUPERVISOR MAINTENANCE SUPERVISOR PARK OPERATIONS SUPERVISOR PARKING OPERATIONS SUPERVISOR SANITATION OPERATIONS SUPERVISOR STREET LIGHTING OPERATIONS SUPERVISOR STREETS OPERATIONS SUPERVISOR WAREHOUSE SUPERVISOR BACKFLOW COORDINATOR LEAD MECHANIC PAINT SUPERVISOR RECREATION SUPERVISOR I 911 COMMUNICATIONS RECORDS CUSTODIAN CARPENTER SUPERVISOR PARKING FACILITIES SUPERVISOR SERVICE SUPERVISOR WATER SERVICE REPRESENTATIVE TENNIS CENTER SUPERVISOR ., .) 713 18. SALARY RANGES-EFFECTIVE OCTOBER 1. 2012 MINIMUM MAXIMUM ANNUAL ANNUAL GRADE SALARY SALARY 15 2,489 68l598 4l020 104,526 14 2,291 59,561 3l700 96,196 13 2l108 54,815 3A05 88,529 12 t940 50,444 3l133 81,471 11 1l785 46,423 2.884 74,977 10 t643 42,722 2l654 69l000 9 t512 39,318 2,442 63,504 8 1.392 36,184 2l248 58,440 7 1,281 33,300 2.069 53)81 6 1,179 30,646 4-9Q4 44,051 1C. SALARY RANGES-EFFECTIVE OCTOBER 1. 2013 MINIMUM MAXIMUM ANNUAL ANNUAL GRADE SALARY SALARY 15 2.489 68,598 4.020 104,526 14 2l291 59l561 3l700 96l196 13 2,108 54,815 3,405 88,529 12 1l940 50,444 3l133 81,471 11 1l785 46,423 2.884 74l977 10 1,643 42,722 2l654 69l000 9 1,512 39,318 2,442 63l504 8 1,392 36,184 2l248 58,440 7 1,281 33l300 2,069 53l781 6 1,179 30l646 4-9Q4 44l051 1 D. SALARY RANGES -EFFECTIVE THE FIRST PAY PERIOD ENDING IN OCTOBER OF 2014 GRADE 15 14 13 MINIMUM ANNUAL SALARY 2.489 70,656 2l291 61,348 2,1 08 56,459 4 714 MAXIMUM ANNUAL SALARY 4.020 107,662 3l700 99l082 3.405 91.184 -------------------------------- 12 1,940 511958 31133 831915 11 11785 471816 21884 771226 10 11643 441004 21654 711070 9 t512 40A98 2.442 65A09 8 11392 371269 2248 601193 7 11281 341299 21069 551395 6 11179 311565 4004 451373 [THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] 5 715 -----------------------·-·· ------· -------.. ----------------------·------~~~~~~~- SECTION 2: REPEALER SECTION 3: SECTION 4: 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 1 D shall be effective 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. ATTEST: Rafael E. Granado City Clerk Matti Herrera Bower Mayor APPROVED AS TO fORM & Lt\NGUAGE & FOR EXECUTION T:\AGENDA\2013\0ctober 16\GSAF\GSAF 2012-2015 Salary Ordinance.doc 6 716 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By Amending Article V, Entitled "Citywide Recycling Program For Multifamily Residences And Commercial Establishments" By Amending Section 90-340, 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 Sustainabilitv 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: At the June 6, 2012 City Commission meeting, the City Commission adopted Ordinance No. 2012-3768 mandating that multi-family residences with 9 units or more, as well as commercial establishments implement a single-stream recycling program by July 1, 2013. In the September 11, 2013 Commission meeting, this deadline was extended to July 1, 2014. 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 2 and 8 units questioned whether the law required multifamily residences with 8 units or less to have a single-stream recycling program. The ordinance requires that all multifamily residences with 9 units or more contract with a private hauler for single-stream recycling service. Multifamily residences with 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 disposal 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. Currently, if multifamily residences with 8 units or less are not contracted with the City for solid waste disposal 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 2 and 8 units provide a single- stream recycling program. On September 30, 2013, the NCAC recommended that the City Commission approve the ordinance on First Reading. However, the NCAC noted that it was not desirable to enforce and fine violators but prefer to incentivize recycling. There are a number of incentive programs for single-family homes; however, commercial establishments and multifamily residences are not under City contract, thus, any such program would be between the private company and the multifamily residence or commercial establishment. Perhaps when the franchise haulers contract expires in 2015, this can be further explored. It should be noted that the 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 than the County's provisions. Therefore, per the City's Memorandum of Understanding with the County, if the City does not plan to enforce the ordinance, the City will need to relinquish enforcement capacity back to the County. Under this option, the City could continue to provide education and support tailored to the City's residents and businesses; however, the County would be responsible for all enforcement actions. THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON FIRST READING. Advisory Board Recommendation: On July 16, 2013, the Sustainability Committee recommended requiring multifamily residences that are between 2 and 8 units provide a single-stream recycling program. On September 30, 2013, the NCAC recommended the amendment on First Reading, and include potential incentives. Financial Information: Source of Amount Account Funds: 1 OBPI Total City Clerk's Office Legislative Tracking: Jay Fink ext. 6391 Sign-Offs: City JLM MIAMI BEACH AGENDA ITEM ---lR!......!....::S:......:Q=--- 717 DATE 10-(6-( 3 . lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochH.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and M Jimmy L. Morales, City Manager DATE: October 16, 2013 bers ofbmission FIRST READING SUBJECT: AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING HAPTER 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 DAlE. 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. In the September 11, 2013 Commission meeting, this deadline was extended to July 1, 2014. 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 disposal 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 718 ~~~---- City Commission Memo -Recycling Ordinance -Multifamily October 16, 2013 Page 2 of2 back of house). Currently, if multifamily residences with eight (8) units or less are not contracted with the City for solid waste disposal 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. At the September 11, 2013 Commission meeting, the item was referred to the Neighborhood I Community Affairs Conmittee (NCAC). On September 30, 2013, the NCAC recommended that the City Commission approve the ordinance on First Reading. However, the NCAC noted that it was not desirable to enforce and fine violators but prefer to incentivize recycling. There are a number of incentive programs for single-family homes; however, commercial establishments and multifamily residences are not under City contract, thus, any such program would be between the private company and the multifamily residence or commercial establishment. Perhaps when the franchise haulers contract expires in 2015, this can be further explored. It should be noted that the 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 than the County's provisions. Therefore, per the City's Memorandum of Understanding (MOU) with the County, if the City does not plan to enforce the ordinance, the City will need to relinquish enforcement capacity back to the County. Under this option, the City could continue to provide education and support tailored to the City's residents and businesses; however, the County would be responsible for all enforcement actions. 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 only intended to clarify the definition of multifamily residences, there is no financial impact. CONCLUSION The Administration recommends that the City Commission approve the ordinance on First Reading. T:\AGENDA\2013\0ctober 16\Recycling Ordinance Multifamily Memo.doc 719 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 90-340, 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 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 "Ordinance"), the City established a Citywide Recycling Program for 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: 720 CHAPTER 90 SOLID WASTE * * * ARTICLE V. 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 nine (9) el·.·.•elliRg ~:~nits er mere 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'.vollin§l units or meFe two (2) or more dwelling units shall provide a recycling program pursuant to 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 unit 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 alternative, which have allowed a recycling program to lapse or expire. (b) As of January 1, 2013, every multi-family residence of nine (9) dwelling units or more 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 size 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, and trays) of any size or shape used to store and/or package food and beverage products suitable for human or animal consumption, which must be empty and rinsed clean of residue; 4) Other metal containers. All other ferrous and non ferrous containers used to 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 (HOPE) 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 2 721 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 (Q) 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 "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the __ day of ________ , 2013. PASSED and ADOPTED this __ day of-------' 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK (Sponsored by Commissioner Jerry Ubbin) MAYOR MATTI HERRERA BOWER APPROVED f, S TO FORM & Li;.:;c: :.: ·:=,::; & FOR EXcCiJ l iGN Underline denotes additions and Strike through denotes deletions. T:\AGENDA\2013\September 11 \Recycling Program Ordinance 2013 -Amending Sec 90-340.docx 3 722 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment establishing a stay against issuance of demolition orders or ermits for architectural! si nificant homes outside of historic districts. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: FIRST READING The proposed Ordinance would establish a stay against issuance of demolition orders or permits for architecturally significant homes outside of historic districts. The proposed Ordinance was scheduled to be considered by the City Commission at First Reading on September 11, 2013, but was deferred due to the length of the agenda. The Administration recommends that the City Commission approve the Ordinance at First Reading and set a Second Read in Public Hearin for December 11, 2013. Advisory 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 Beloff) .. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney S1 n-Offs: T:\AGENDA\2013\0ctober 16\Stay Against MIAMI BEACH 723 City Manager tl\ AGENDA ITEM R~e DATE IO-fb-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 Mem ers of the FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 FIRST READING SUBJECT: STAY AGAINST ISSUANCE OF D MOLITION ORDERS OR PERMITS- ARCHITECTURALLY SIGNIFICA T 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 December 11, 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. On September 11, 2013 the subject Ordinance was deferred by the City Commission, due to the length of the agenda. 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 724 Commission Memorandum Stay Against Demolition October 16, 2013 Page 2 of 3 single-family homes. Specifically, any requests for the total demolition of an 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 DRB 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 725 Commission Memorandum Stay Against Demolition October 16, 2013 Page 3of 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 December 11, 2013. (t.!- JLMIJMJIRGLJTRM T:\AGENDA\2013\0ctober 16\Stay Against Demolition-MEM 1st Read.docx 726 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 727 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 of the 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 142-108 (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. 2 728 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. If, 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. 3 729 PASSED AND ADOPTED this __ day of _______ , 2013. ATTEST: CITY CLERK First Reading: October 16, 2013 December 11, 2013 Second Reading: Verified by: ________ _ Richard Lorber, AICP Acting Planning Director MAYOR T:IAGENDA\2013\0CTOBER 16\STAY AGAINST DEMOLITION-ORO FIRST READ.DOCX 4 730 nl.,--rfl3 rney.j/1--~ ·.' " OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER FIRST READING FROM: MEMBERS OF THE CITY C. OMM.I.SS:PIO. N) CITY MANAGER JIMMY MORAL . ,,1 ,' CITY ATTORNEY JOSE SeTH .. ·. . . .. / / OCTOBER 16, 2013 . . . ..--DATE: SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING SECTION 2-22, ENTITLED "GENERAL REQUIREMENTS," TO AMEND THE EXCEPTIONS FOR THE TERM OF OFFICE OF AT-LARGE COMMISSION APPOINTEES WHEN AN APPOINTEE IS APPOINTED TO FILL AN UNEXPIRED TERM; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. At the request of Mayor Matti Herrera Bower, the attached Ordinance is submitted for consideration by the Mayor and City Commission on First Reading. F:\ATIO\TURN\COMMMEMO\Amending Terms of At Large Appointees.docx 731 Agenda Item Rs-Q Date /0-{frt a MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: October 8, 2013 Re: Ordinance to address term limits when new appointees fill unexpired terms of previous members. Please place on the October 16, 2013 City Commission agenda for first reading the attached Ordinance amending Chapter 2 , Article Ill, section 2-22, of our City Code to amend the exceptions for the term of office of at-large commission appointees when an appointee is appointed to fill an unexpired term. The intent of this amendment is to ensure that those who volunteer to serve on our Boards and Committees are not penalized in their ability to serve at least six years, without a two-year hiatus, by filling an unexpired term. Should you have any questions, please contact Gabrielle Redfern at extension 6157. Thank you. MHB/ fgr 732 ORDINANCE NO. ------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING SECTION 2-22, ENTITLED "GENERAL REQUIREMENTS," TO AMEND THE EXCEPTIONS FOR THE TERM OF OFFICE OF AT-LARGE COMMISSION APPOINTEES WHEN AN APPOINTEE IS APPOINTED TO FILL AN UNEXPIRED TERM; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission deem it in the best interest of City agencies, boards, and committees for at-large appointees to serve the remainder of any unexpired term to which they may be appointed, as well as be eligible to serve at least six years, without a two year hiatus, on City agencies, boards, or committees. 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 Ill, entitled "Agencies, Boards and Committees," of Chapter 2, entitled "Administration," of the Code of the City of Miami Beach, Florida is hereby amended as follows: CHAPTER 2 Administration * * * ARTICLE Ill. Agencies, Boards and Committees * * * Division 1. Generally Sec. 2-22. General requirements. Except as otherwise specifically provided: * * * {5) All ad hoc agency, board and committee terms shall be one year; all other agency, board and committee terms shall be two years, expiring on December 31 and commencing on January 1. 733 a. Members appointed by individual city commissioners (referred to as "direct appointees") to a specific agency, board or committee shall serve for no more than eight consecutive years on such agency, board or committee. Notwithstanding any other provision of the city Code or of any resolution, commencing with terms beginning on or after January 1, 2007, the term of every board member who is directly appointed by a member of the city commission shall automatically expire upon the latter of: December 31 of the year the appointing city commissioner leaves office or upon the appointment/election of the successor city commission member. b. Members appointed by the city commission as a whole (referred to as "at- large appointees") to any agency, board or committee shall serve for no more than six years on any agency, board or committee as an at-large appointee. Nothing set forth in this subsection shall prohibit any individual from being reappointed (and serving up to six years) to any at-large position after a hiatus of two years. 1=4owe'Jer, inelivielblals serving en an agency bsarel or sommit4:ee who will have othem.'ise serveel six years as of December 16, 2QQ6, may serve the remaineler sf their existing term. Term limits set forth in subsections (S)a. and b. of this section shall be measured retroactively from an individual's initial appointment to membership on an agency, board or committee. Exceptions to subsection (S)b. of this section shall only be permitted as follows: 11 if it is determined by the city commission that an agency, board or committee requires the membership of a registered architect or registered landscape architect who does not otherwise comply with the terms of subsection (S)b. hereinabove; or ill if a member is appointed to fill an unexpired term, in which case the member may serve the remainder of the unexpired term and up to six years as an at-large appointee. * * * SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2 734 SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the ___ day of _________ , 2013. PASSED and ADOPTED this ___ day of---------' 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK Underline denotes additions Strike through denotes deletions (Sponsored by Mayor Matti Herrera Bower) F:\ATTO\TURN\ORDINANC\Chapter 2 • Administration.docx 3 735 MATTI HERRERA BOWER MAYOR THIS PAGE INTENTIONALLY LEFT BLANK 736 COMMISSION ITEM SUMMARY Condensed Title: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF MIAMI BEACH, AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE XI, ENTITLED "ADOPTION OF THE MARK WANDALL TRAFFIC SAFETY ACT AND PROGRAM," BY AMENDING SECTION 106- 480, ENTITLED "ADOPTION OF STATE ACT AND PROGRAM. Key Intended Outcome Supported: Increase resident ratings of public safety services and enhance mobility throughout the City. Supporting Data (Surveys, Environmental Scan, etc.): The Red light Camera Photo Enforcement Program has proven to reduce motor vehicle crashes at intersections with red light cameras, with total crashes at red light camera intersections declining from 59 in Fiscal Year 2008/09 to 23 in Fiscal Year 2011/12. Further, crash data from October 2012 to June 2013 reflect a further decline in crashes with only 1 0 crashes over the 9 months. Item Summary/Recommendation: On June 12, 2013, Governor Rick Scott signed legislation that implemented amendments to the Program, which became effective on July 1, 2013. These amendments drastically altered the procedural process for appealing violations issued under the Program, and mandated that appeals shall be the responsibility (both financial and procedural) of the individual municipalities and counties. Specifically, a vehicle owner would have the right to request an appeal of the Notice that was issued by the City for a violation committed under the Program, which would have to be handled directly by the City's special masters. The Legislature added §316.003 to the definition section within Chapter 316, which definition sets forth the authority for a Local Hearing Officer (City's Special Masters) to conduct hearings related to red light camera violations issued pursuant to Section 316.0083 of the Florida Statutes. In that regard, the City would be required to use its special masters to conduct these appeal hearings in order to comply with the Program amendments, and the City has the authority to impose payment of its costs surrounding the appeal, whlch must not exceed $250. In preparation for the impending legislation, representatives of MBPD, the Legal Department, City Clerk's Office and Xerox State and Local Solutions, Inc. (City's Vendor) coordinated the City's implementation of the amendments to the Program. The City has the authority to utilize the existing Special Master System to conduct these hearings pursuant to Chapter 30 of the Miami Beach City Code, and has adopted the Act and Program within Section 106-480 of the Miami Beach City Code. The City would be required to make certain amendments to Section 106-408 in order to crystalize the appeal process, provided the Mayor and City Commission desire to continue the contractual relationship with the Ci!Y's Vendor. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: City Clerk'§...QffJ.C;e I.Agislative Tracking: Michael Grue11, Plar(niflg and Research Manager Assistant City Manager City Manager ~s-R DATE fcJ-/b-1,3 MIAMI BEACH 737 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M City Commission FROM: Jimmy L. Morales, City Manage , ---?-- DATE: SUBJECT: October 16, 2013 ·.~ FIRST READING ' AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDI G THE CODE OF THE CITY OF MIAMI BEACH, AMENDING CHAPTER 106, E TITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE XI, ENTITLED "ADOPTION OF THE MARK WANDALL TRAFFIC SAFETY ACT AND PROGRAM," BY AMENDING SECTION 106-480, ENTITLED "ADOPTION OF STATE ACT AND PROGRAM," THAT DELINEATES THE STATUTORY AUTHORITY FOR USING TRAFFIC INFRACTION DETECTORS IN THE CITY OF MIAMI BEACH; BY AMENDING SECTIONS 106-481 THROUGH 106-484, ENTITLED "RESERVED" BY ADDING SECTION 106-481, ENTITLED "LOCAL HEARING OFFICER, "WHICH AUTHORIZES A LOCAL HEARING OFFICER TO CONDUCT HEARINGS FOR A VIOLATION OF SECTION 316.0083 OF THE FLORIDA STATUTES; BY PROVIDING THE PROCESS FOR THE SELECTION OF A LOCAL HEARING OFFICER, BY AUTHORIZING THE MIAMI BEACH CLERK'S OFFICE TO SERVE AS STAFF FOR THE LOCAL HEARING OFFICER; BY LIMITING THE AUTHORITY OF THE LOCAL HEARING OFFICER; AND SETTING FORTH PENAL TIES AND COSTS TO BE IMPOSED BY THE LOCAL HEARING OFFICER; PROVIDING FOR CODIFICATION; SEVERABILITY; REPEALER; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends approving the ordinance on first reading and scheduling a second reading public hearing. KEY INTENDED OUTCOMES Increase resident ratings of public safety services and enhance mobility throughout the City. BACKGROUND On June 12, 2013, Governor Rick Scott signed legislation that implemented amendments to the Program, which became effective on July 1, 2013. These amendments drastically altered the procedural process for appealing violations issued under the Program, and mandated that appeals shall be the responsibility (both financial and procedural) of the individual municipalities and counties. Specifically, a vehicle owner would have the right to request an appeal of the Notice that was issued by the City for a violation committed under the Program, which would have to be handled directly by the City's special masters. The Legislature added §316.003 to the definition section within Chapter 316, which definition sets forth the authority for a Local Hearing 738 Officer (City's Special Masters) to conduct such hearings related to red light camera violations issued pursuant to Section 316.0083 of the Florida Statutes. In that regard, the City would be required to use its special masters to conduct these appeal hearings in order to comply with the Program amendments, and the City has the authority to impose payment of its costs surrounding the appeal, which must not exceed $250. The intent of the program is to reduce the number of motor vehicle accidents at those traffic signal intersections with significant crash rates by the placement of photo enforcement cameras. The statistical data does indicate that the red light cameras have positively affected the crash rate for those intersections. In preparation for the impending legislation, representatives of MBPD, the Legal Department, City Clerk's Office and Xerox State and Local Solutions, Inc. (City's Vendor) coordinated the City's implementation of the amendments to the Program. The City has the authority to utilize the existing Special Master System to conduct these hearings pursuant to Chapter 30 of the Miami Beach City Code, and has adopted the Act and Program within Section 106-480 of the Miami Beach City Code. The City would be required to make certain amendments to Section 106-408 in order to crystallize the appeal process, provided the Mayor and City Commission desire to continue the contractual relationship with the City's Vendor. It is anticipated that approximately 30 percent of the violations will be contested and may warrant the need for an additional dedicated Special Master to conduct the local hearings. The addition of another Special Master and a full-time Clerk to manage the calendar and administrative support will ensure other code enforcement issues will not be compromised. The costs associated with the additional Special Master and Clerk should be offset by the assessment of authorized municipal costs. There is currently a proposal by representatives of Xerox State and Local Solutions, Inc. to move two of the red light cameras from locations where there are very few violations to locations where red light violations are occurring more frequently. This proposal would be at no cost to the City of Miami Beach, but would require extending the current contract that expires in May of 2015 by 4 years. The movement of the cameras to the new locations at 41 Street and Alton Road (Westbound) and Dade Boulevard and Alton Road (Southbound) is anticipated to result in significantly more violations based on a recent validation study of the intersections. Since it appears that the red light camera program has reduced crashes, then the next priority is revenue to keep the program financially viable. In terms of increasing revenue, the potential is greater now with the change in the criteria for enforcing right turn on red violations and the movement of cameras. It is recommended that the City Commission continue to support the Red Light Camera Photo Enforcement program along with the addition of a Special Master dedicated to hearing red light camera violations and a Clerk for administrative support. Concerning the current contract with the Xerox Local and State Solutions, Inc. City Administration wlll continue to monitor the terms and evaluate the need to move cameras. FISCAL IMPACT The City of Miami Beach Red Light Camera Program has been operational since April 15, 2010, with ten cameras at nine intersections. The cameras are located from 17 1h Street in the South to 71 Street and Indian Creek in the North. The cameras have averaged from a high of 5. 77 violations per day at Alton Road and Chase (Northbound), to a low of less than one violation per day at 41 Street and Prairie Avenue (Northbound). The City's Vendor, upon approval by the City, issues violations and/or Uniform Traffic 739 Citations that have resulted in $200,153.22 in net income. The crash rate at those intersections with red light cameras have significantly decreased from 59 crashes in fiscal year 2009/2010 to 23 crashers in 2011/2012, and the date does indicate that motor vehicle crashes continue to trend down in the current fiscal year. However, since enactment of the new red light camera photo enforcement legislation in July 2013, which requires a completed stop before making a right turn, the number of right turn violations have increased dramatically. Although there are only two months of data available, the average number of violations issued per day per camera in July and August has increased to 4.48 violations per day from 1.42 in Fiscal Year 2011/2012 and 1.99 in Fiscal Year 2012/2013 year to date. To further stress this impact, over these two (2) months, 70% of the total number of violations issued were for right turn violations. In addition, the total number of notices of violation has also increased. This is not an aberration, as other police agencies in Dade and Broward Counties are experiencing similar spikes in the total number of notices of violations attributed to the new law governing right turns. FINANCE AND CITYWIDE PROJECTS COMMITTEE This matter was discussed in the Finance and Citywide Projects Committee on September 19, 2013. Red Light Camera Photo Enforcement Program Manager, Michael Gruen gave a presentation on status of the Program and the impact of the new red light camera legislation. At the conclusion of the presentation by Manager Gruen, City Manager Jimmy Morales stated if the City Commission wants to continue the. program, he can bring back some suggestions that take a look at expanding the cameras, keeping them or removing them. Commissioner Gongora made a motion to accept the City Manager bringing back additional information before a decision is made on addressing the red light cameras. Commissioner Jorge Exposito seconded. CONCLUSION It appears with the enactment of the new State law, the City's Red Light Camera Photo Enforcement program will become financially viable. This prediction is based on the July and August Notice of Violations issued, the 2010 experience under the City Ordinance when a complete stop while making a right turn on a red light was a requirement, and the experience of other local police agencies. In terms of public safety, it is apparent the program has had a positive impact on the number of crashes as evidence by a steady decline at the majority of the traffic intersections with red light cameras. JLMII!j~~ 740 ORDINANCE TO BE SUBMITTED 741 THIS PAGE INTENTIONALLY LEFT BLANK 742 (g MIAMI BEACH COMMISSION MEMORANDUM TO: CC: FROM: DATE: Mayor Matti Herrera Bower and Members of the City Commission Jimmy Morales City Manager Jose Smith, City Attornr)j,.. /// .· /' October 9, 2013 L---. ~~ SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 62, ENTITLED "HUMAN RELATIONS," BY AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SEC. 62.31 ENTITLED "DEFINITIONS" TO DEFINE INTERSSEXUALITY AND ADD THAT TERM AS A PROTECTED CLASSIFICATION CATEGORY; TO AMEND SECTIONS 62-33 ENTITLED "PURPOSE; DECLARATION OF POLICY," 62- 37(b) ENTITLED "DUTIES AND POWERS," 62-88.1 ENTITLED "DISCRIMINATION IN PUBLIC SERVICES," 62-90 ENTITLED "USE OF MUNICIPAL FACILITIES," 62-91 ENTITLED "MUNICIPAL FUNDS," AND 62- 112(c) ENTITLED "HOUSING" TO INCLUDE INTERSEXUALITY AS A PROTECTED CLASSIFICATION CATEGORY; AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. BACKGROUND The Miami Beach Human Rights Ordinance established the City of Miami Beach Human Rights Committee, 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 employment and public accommodations based upon classification categories defined in Section 62-31 of the City of Miami Beach's Human Rights Ordinance. At the request of the City of Miami Beach Human Rights Committee, Mayor Matti Herrera Bower sponsors this proposed ordinance. ANALYSIS "Intersexuality" is defined by the Miriam Webster Dictionary as "the condition of either having both male and female gonadal tissue in one individual or of having the gonads of one sex and external genitalia that is of the other sex or is ambiguous." In 2012, Australia adopted an anti-discrimination law that protects "intersex status" alongside established grounds such as "sex" and "race." The government has also 743 Agenda Item R S S Date /0-/6-/3 Memorandum to the City Commission on Adding Intersexuality as a Classification Category October 9, 2013 Page2of2 adopted new guidelines on the recognition of sex and gender, which are currently being implemented. The Australian healthcare system is removing gendered references in its services, focusing on the specific biological needs of patients instead of their legal sex or gender. Also in 2012, the European Union released a report on discrimination against intersex and trans people, titled "Discrimination against trans and intersex people on the grounds of sex, gender identity and gender expression." The report identifies Germany and Finland as having the most advanced protection. In Germany, for example the ground of sexual identity is interpreted broadly covering the whole LGBTI spectrum. The report also identifies Scotland as having the only (then) known explicit reference to intersex people in domestic legislation. In Scotland's Offences (Aggravation by Prejudice) (Scotland) Act 2009,211, Art. 2(8) includes "intersexuality" within the meaning of "transgender identity". Research has not revealed any governmental entity in the United States that has yet enacted protection for intersex people, so passage of this measure by the City of Miami Beach would once again place the City on the cutting edge of civil rights protections. This model could then be utilized to encourage other U.S. jurisdictions to adopt similar measures. The Miami Beach Human Rights Committee discussed the issue of discrimination based upon intersexuality at its October 8, 2013 meeting and voted to recommend that the City Commission adopt protection for intersexuals by amending the City of Miami Beach Human Rights Ordinance to protect intersexuals from discrimination in employment, public accommodations, housing, and provision of public services. The Miami Beach Human Rights Committee and the administration therefore recommend the passage of this Ordinance amending the Chapter 62 of the City Code to define and protect intersexuality as a protected Classification Category. ECONOMIC IMPACT There is no cost to the City of Miami Beach associated with the adoption of this ordinance. 744 --------··· ·----------- MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jose Smith, City Attorney From: Matti Herrera Bower, Mayor Date: October 9, 2013 Re: Amending our Human Rights Ordinance to protect Intersexuality from Discrimination in the City of Miami Beach I would like the City of Miami Beach to follow the recommendation of our Human Rights Committee and request that your office draft the necessary amendments to our existing Human Rights Ordinance to protect intersex status alongside other classification categories, such as race, sex and sexual orientation. I would like to sponsor these amendments for first reading at the October 16, 2013 meeting of the City Commission. Should you have any questions, please contact Gabrielle Redfern at extension 6157. Thank you. MHB/ fgr 745 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 1, ENTITLED "GENERALLY," BY AMENDING SEC. 62.31 ENTITLED "DEFINITIONS" TO DEFINE INTERSSEXUALITY AND ADD THAT TERM AS A PROTECTED CLASSIFICATION CATEGORY; TO AMEND SECTIONS 62-33 ENTITLED "PURPOSE; DECLARATION OF POLICY," 62-37(b) ENTITLED "DUTIES AND POWERS," 62-88.1 ENTITLED "DISCRIMINATION IN PUBLIC SERVICES," 62-90 ENTITLED "USE OF MUNICIPAL FACILITIES," 62-91 ENTITLED "MUNICIPAL FUNDS," AND 62-112(c) ENTITLED ''HOUSING" TO INCLUDE INTERSEXUALITY AS A PROTECTED CLASSIFICATION CATEGORY; AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on January 13, 2010, the Mayor and City Commission ofthe 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 principal 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 based upon classification categories defined in Section 62-31 of the City of Miami Beach's Human Rights Ordinance; and WHEREAS, intersexuality, is defined by the Miriam Webster Dictionary as "the condition of either having both male and female gonadal tissue in one individual or of having the gonads of one sex and external genitalia that is of the other sex or is ambiguous;" and WHEREAS, the Miami Beach Human Rights Committee discussed the issue of discrimination based upon intersexuality at its October 8, 2013 meeting and voted to recommend protection for intersexuals by amending the City of Miami Beach Human Rights Ordinance to protect intersexuals from discrimination in employment, public accommodations, housing, and provision of public services; and WHEREAS, the Mayor and City Commission wish to adopt the Miami Beach Human Rights Committee's recommendation to provide protection from discrimination for intersexuals; and NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY 746 COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. That Chapter 62 of the City Code is hereby amended as follows: Chapter 62 HUMAN RELATIONS * * * Article II. Discrimination * * * Division 1. Generally Sec. 62-31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Classification category means each category by which discrimination is prohibited as set forth within section 62-33. These categories are as follows: race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, disability, marital and familial status, or age. * * * Intersexuality means the condition of either having both male and female gonadal tissue in one individual or of having the gonads of one sex and external genitalia that is of the other sex or is ambiguous. * * * Sec. 62-33. Purpose; Declaration of Policy. In the city, with its cosmopolitan population consisting of people of every race, color, national origin, religion, sex, intersexuality, gender, gender identity, sexual orientation, marital and familial status, and age, some of them who are disabled as defined under section 62-31 hereof, there is no greater danger to the health, morals, safety and welfare of the city and its inhabitants than the existence of prejudice against one another and antagonistic to each other because of differences of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, or disability. The city finds and declares that prejudice, intolerance, bigotry and discrimination and disorder occasioned thereby 747 threaten the rights and proper privileges of its inhabitants and menace the very institutions, foundations and bedrock of a free, democratic society. The general purpose of this article and the policy of the city, in keeping with the laws of the United States of America and the spirit of the state constitution, is to promote through fair, orderly and lawful procedure the opportunity for each person so desiring to obtain employment, housing and public accommodations of the person's choice in the city without regard to race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, or disability, and, to that end, to prohibit discrimination in employment, housing and public accommodations by any person. * * * Sec. 62-37. Duties and Powers. * * * (b) To inform persons of the rights assured and remedies provided under this article, and to promote goodwill, and minimize or eliminate discrimination because of race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, disability, marital and familial status, or age; * * * Sec. 62-88.1. Discrimination in Public Services. No individual shall, by reason of race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, marital and familial status, or age, nor any qualified individual with a disability shall, by reason of disability, be excluded from participation in or be denied the benefits ofthe public services of the city, or be subjected to discrimination by the city. * * * Sec. 62-90. Use of Municipal Facilities. The use of municipal facilities in the city shall be regulated pursuant to the provisions of this section. The purpose and intent of this section is to establish legislative and administrative policies for the nondiscriminatory use of municipal facilities, which shall be defined as any and all city-owned and operated facilities including buildings, parks, fields, and any other facility now or in the future owned, controlled, leased, or operated by the city. All organizations, clubs, and individuals wishing to obtain any fee waiver to use municipal facilities shall confirm in writing as follows: I [name of organization, club, or person] the [title] of [name of organization or club], certify that I/my organization or club does not discriminate in its membership or policies based on race, color, national origin, religion, sex, 748 intersexuality, sexual orientation, gender identity, familial and marital status, age or disability. Sec. 62-91. Municipal funds. Municipal funding of organizations or clubs shall be regulated pursuant to this section. The purpose and intent of this section is to establish legislative and administrative polices for the award of municipal funds to organizations or clubs that do not discriminate in their membership or policies. All organizations or clubs wishing to obtain municipal funding shall confirm in writing as follows: I [name of organization or club] the [title] of [name of organization or club], certify that my organization/club does not discriminate in its membership or policies based on race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, familial and marital status, age or disability. * * * Sec. 62-112. Housing. * * * (c) Nothing contained in this article shall preclude the seller, developer, condominium association, lessor, property owner, or that person's authorized agent from setting forth reasonable rules, regulations, terms and conditions pertaining to the sale, lease or disposal of that person's property provided such rules, regulations, terms and conditions are not based on race, color, religion, sex, intersexuality, sexual orientation, gender identity, national origin, age, disability, familial status, or marital status and provided there is no conflict with the affirmative provisions set forth in this article. Furthermore, nothing in this article shall preclude reasonable rules, regulations, or terms and conditions pertaining to the safe and prudent use by minors of facilities and amenities provided in conjunction with real property. 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. 749 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. 8trikethfough denotes deletions. MAYOR MATTI HERRERA BOWER 750 R5 -Ordinances R5T An Ordinance Amending Chapter 42 Of The Miami Beach City Code, Entitled "Emergency Services," By Amending Article II Thereof, Entitled "Alarm Systems," By Amending Section 42-86, Entitled "False Alarms," To Prohibit Three (3) Or More False Intrusion Alarms; By Amending Section 42-89 Entitled "Notification Of False Alarms," Which Shall Be Entitled "Enforcement," And Sets Forth The Enforcement Authority Of The Miami Beach Police Department And The Issuance Of A Notice Of Violation For Section 42-86; By Amending Section 42-90 Entitled "Initial Review Upon Notification," Which Shall Be Entitled "Rights Of Violators; Payment Of Fine; Right To Appear; Failure To Pay Civil Fine Or To Appeal," And Specifically Delineates The Rights Of Violators, Payment Of Fine, Right To Appear, And Failure To Pay The Civil Fine Or Appeal; By Amending Section 42-91 Entitled ~Appeal Of False Alarm Designation," Which Shall Be Entitled "Penalties," By Providing For Penalties Regarding A False Intrusion Alarm; By Amending Section 42-92 Entitled "Penalty For Violation Of Division," Which Shall Be Entitled "Enhanced Penalties," By Creating Enhanced Penalties For Excessive False Intrusion Alarms; Providing For Repealer, Codification, Severability, And An Effective Date. First Reading (Requested by Finance & Citywide Projects Committee} (Legislative Tracking: Police Department) (Memorandum to be Submitted in Supplemental) 751 Agenda Item R S T Date IO-tb-(3 THIS PAGE INTENTIONALLY LEFT BLANK 752 COMMISSION ITEM SUMMARY Condensed Title: Resolution approving and authorizing the Mayor and City Clerk to execute a Lease between the City and Alpha 22, LLC ("Tenant"), involving the use of approximately 2,216 square feet of City-Owned vacant property, located at 22 Washington Avenue, Miami Beach, FL ("Property"), adjacent to existing restaurant space located at 816 Commerce Street, Miami Beach, Florida ("Restaurant Space"), to be used as an outdoor cafe, concurrent with the adjoining Restaurant Space; said Lease having an initial term of five (5) years, with an option to renew for four (4) years and 364 days, at the City's sole discretion. Key Intended Outcome Supported: Increase resident satisfaction with the level of services and facilities. Supporting Data (Surveys, Environmental Scan, etc.): Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do business and 61% of the same group would recommend Miami Beach as a place to do business. Issue: I Shall the City commission authorize the execution of the Lease and further waive the competitive bidding requirements. Item Summary/Recommendation: The Administration received a letter of Intent from Tenant, involving the use of the Property as an outdoor cafe, adjacent to the existing Restaurant Space, in connection with establishing a French restaurant. The Administration recommends entering into a lease with Tenant, subject to the known Neighborhood Restrictions previously discussed and approved by SOFNA, based upon the following material terms, which have been incorporated in the proposed Lease: 1. Term to be for an initial five {5) years, with an initial base rent of $20.00 per square foot, plus 3% annual escalations with an option to renew for four (4) years and 364 days, at the City's sole discretion; 2. Rent during the renewal term will be subject to a review of the Tenant's annual operating results, upon which a determination will be made whether to charge the Tenant a percentage of gross receipts or to continue to assess a fixed annual rent, based upon the fair market rent at the time, to be escalated annually by 3%; however, at no time will the base rent during the renewal period be less than the rent for the previous lease year plus the 3% escalation; 3. Three (3) months deposit ($11 ,079.99); 4. Rent to Commence as of the later of: one month from lease Commencement Date or when the restaurant opens; however no later than six months from Lease Commencement Date; 5. One time Special Event Permit for opening the restaurant. No other special event permits allowed. Recommendation: The administration has conducted a current review of rates in connection with the use of other outdoor concession/lease agreements with the City and finds that the rates are consistent with the determination of $20.00 per square foot rent, as recommended by the City's Finance and Citywide Projects Committee. Additionally, the Administration is recommending that during the renewal period, at year six of the Lease, the Administration will have an opportunity to analyze the rent again and may adjust the rent, based upon Fair Market Rent at the time, including the possibility of percentage rent. The Administration therefore recommends that the Mayor and City Commission approve a resolution accepting the recommendation of the City's Finance and Citywide Projects Committee, approving and authorizing the Mayor and City Clerk to execute a lease agreement between the City and Alpha 22, LLC (''Tenant") involving the use of approximately 2,216 square feet of City-Owned vacant property, located at 22 Washington Avenue, adjacent to existing restaurant space located at 816 Commerce Street, Miami Beach, Florida 33139 ("Property"), to be used as an outdoor cafe, concurrent with the Lease/use of the adjoining restaurant; said Lease having an initial term of five (5) years, with an option to renew for four (4) years and 364 days, at the City's sole discretion; and further waiving, by a snth vote, the competitive bidding requirement, as required by Section 82-39 of the Miami Beach City Code, finding such waiver to be in the best interest of the Public. tember 19, 2013 recommended execution of lease with Tenant. Source of Funds: I I Amount I I 1 I I Financial Impact Summary: City Clerk's Office Legislative Tracking: Max Sklar, Ext. 6116 Assistant Ci KGB MIAMI BEACH 754 Account AGENDA ITEM _R--,--7.,...,A-,..---,..,=-- DATE IO-lh-t3 --------- (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beech, Florida 33139, www.miamibeachfl.gav COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Member of the City ommission FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FL RIDA ("CITY"), ACCEPTING THE RECOMMENDATION OF THE CITY'S FINANCE AND CITYWIDE PROJECTS COMMITTEE ("FCWPC"); APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND ALPHA 22, LLC ("TENANT") INVOLVING THE USE OF APPROXIMATELY 2,216 SQUARE FEET OF CITY-OWNED VACANT PROPERTY, LOCATED AT 22 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA ("PROPERTY"), ADJACENT TO EXISTING RESTAURANT SPACE LOCATED AT 816 COMMERCE STREET, MIAMI BEACH, FLORIDA ("RESTAURANT SPACE"), TO BE USED AS AN OUTDOOR CAFE, CONCURRENT WITH THE LEASE/USE OF THE ADJOINING RESTAURANT SPACE; SAID LEASE HAVING AN INITIAL TERM OF FIVE YEARS, WITH AN OPTION TO RENEW FOR FOUR YEARS AND 364 DAYS, AT THE CITY'S SOLE DISCRETION; AND FURTHER WAIVING, BY A 5/7rH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, AS REQUIRED BY SECTION 82-39 OF THE MIAMI BEACH CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE PUBLIC. Background The City has received an offer from Alpha 22, LLC ("Tenant" or "Alpha") to lease a City- owned vacant parcel, having approximately 2,216 square feet, located at 22 Washington Avenue, ("City-Owned Parcel" or "Property"), which is adjacent and east of 816 Commerce Street, a privately owned two-story commercial building. This Property is a remaining portion of an undeveloped platted lot which is the residual lot in connection with the expansion of Washington Avenue. Due to its limited size and shape, the Property serves little more than to provide access to 816 Commerce Street. The proposal to lease this Site is from a restaurateur who proposes to place tables and chairs on the Site to supplement the interior seating in the adjacent, privately-owned restaurant ("Restaurant Space"). The City has been approached by other restaurant operators in the past regarding the use of this Site. In 2006, the City Commission approved a lease agreement with Manpriya, Inc. for use of the Site, and the lease was fully executed; however, the project was never developed. In 2009, the City Commission approved a Lease Agreement with 755 Commission Memo Alpha 22, LLC 22 Washington Ave. Lease Agreement October 16, 2013 Page 2of5 Moon Thai South Beach, Inc., for use of the Site as an out-door cafe. The financial lease terms approved were substantially the same as a previous lease agreement, with an initial base rent of $25.00 per square foot or 3% of sales. A list of operational conditions were recommended by the local neighborhood association ("Neighborhood Restrictions"} and subsequently approved by the City Commission and incorporated into the lease. As had occurred previously, the proposed tenant failed to develop the Site for its intended use and the lease terminated for non-payment of rent. On November 7, 2010, the City Commission approved a Lease Agreement with Syanna, LLC ("Syanna"), whose managing principal, Symcha Zilberman, invested substantial sums in building out the interior space as well as improving the City-Owned Parcel. The lease with Syanna was subject to the Neighborhood Restrictions and was for an initial five (5) year term, with one (1) renewal option for a period of four years and 364 days. The base rent for the initial lease term was $20.00 per square foot, which increased to $25.00 per square foot for the second year and $30.00 per square foot for years three through five. The base rent for the renewal period was subject to be negotiated by the City and could have involved a percentage rent structure, as part of the negotiated terms. The Restaurant Space accommodates approximately 35 people; however, as a result of the Outdoor Improvements made by Syanna, the City-Owned Parcel accommodates outdoor seating for an additional 56 people, pursuant to the site plan attached hereto as Exhibit "A". Within one year from the Rent Commencement date, Syanna's managing principal became ill, Syanna defaulted under its lease terms by failing to pay the rent and shortly thereafter closed its doors. Analysis This latest offer to lease the City-Owned Parcel comes from Alpha, with the proposal of utilizing the City-Owned Parcel and adjoining Restaurant Space as a French Restaurant. Alpha's managing principal, Mr. Olivier Lubrano, currently manages and operates a French restaurant in New York, under the name of Rouge NYC. Mr. Lubrano intends to follow a similar business plan, inclusive of menu, as the one currently utilized for Rouge NYC, a copy of which is attached hereto and made a part hereof as Exhibit "B". Mr. Lubrano has more than 20 years of experience managing various businesses and more than thirteen years managing various French restaurants, as evidenced from the Resume, attached hereto and made a part hereof as Exhibit "C". Alpha currently intends to use the plan developed by the previous tenant, Syanna, ("Syanna Site Plan"}, which was approved by Planning; however, Tenant understands that any modifications thereto have to be approved by the City, as Landlord, and the Planning and Zoning Department. In order to mirror the lease terms for the Restaurant Space, Alpha proposes a lease for nine years and 364 days, for the use of this Property, with an initial base rent of $20.00 per square foot, plus 3% annual increases every year thereafter, subject to the known Neighborhood Restrictions, as evidenced from the Letter of Intent, attached hereto and made a part hereof as Exhibit "D". In order to develop a recommendation for the lease proposal, in connection with the previous lease with Syanna, the Administration obtained an appraisal for the site prepared by Bondarenko Associates. The appraiser found no com parables as there are no other outdoor seating areas in the vicinity. The subject site is not a sidewalk cafe, and therefore, current sidewalk cafe fees are not a reasonable market comparable; 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 756 Commission Memo Alpha 22, LLC 22 Washington Ave. Lease Agreement October 16, 2013 Page 3of5 foot basis, is provided below: Annual Annual Gross Revenue Concessionaire I Gross % Base Amount Square To City Tenant Address Revenue To Citv Rent To Citv Feet PerSa. Ft. Smith & Wollensky 1 Washington Ave. $3,133,119 10% N/A $313,312 581 $539.26 Syanna 816 Commerce St. N/A N/A $66,480 $66,480 2,216 $30.00 Cinematheque 1130 Washington Ave. N/A 15% N/A $7,000 671 $10.43 Damian J. Gallo 1701 Meridian Avenue N/A N/A 10140 $10,140 507 $20.00 It should be noted that the outdoor concession areas for this Site have been previously unsuccessful, including for Syanna. Cinematheque, similarly closed prematurely because it was not generating sufficient revenue to stay open. In determining a fair market rate for use of the outdoor concession, The Administration took the average per square foot rate from the highest rent paid under the Syanna Lease and Cinematheque, which was approximately $20.00 per square foot. Smith and Wollensky was not considered to be comparable to the operation proposed by Alpha. Based on the foregoing, the Administration recommends the following terms, which have been incorporated in the proposed Lease, attached hereto and made a part hereof as Exhibit "F": Terms Recommended by the Administration Lease Term: 5 Years Renewal Option: One (1) for four (4) years and 364 days Deposit: 3 months, $11,079.99 Area 2,216 Square Feet Price/psf AnnuaiRent Monthly Rent Year 1 $ 20.00 $44,320.00 $ 3,693.33 year 2 $ 20.60 $45,649.60 $ 3,804.13 year 3 $ 21.22 $ 47,019.09 $ 3,918.26 year4 $ 21.85 $ 48,429.66 $ 4,035.81 year 5 $ 22.51 $ 49,882.55 $ 4,156.88 Renewal O~tion (Anal~ze for Fair Market Rent} year 6 $ 23.19 $ 51,379.03 $ 4,281.59 year 7 $ 23.88 $ 52,920.40 $ 4,410.03 year 8 $ 24.60 $ 54,508.01 $ 4,542.33 year 9 $ 25.34 $ 56,143.25 $ 4,678.60 year 10 $ 26.10 $ 57,827.55 $ 4,818.96 Total $ 508,079.13 Rent during the renewal term will be subject to a review of the Tenant's annual operating results, upon which a determination will be made whether to charge the Tenant a percentage of gross receipts or to continue to assess a fixed annual rent, based upon 757 Commission Memo Alpha 22, LLC 22 Washington Ave. Lease Agreement October 16, 2013 Page 4of5 the fair market rent at the time, to be escalated annually by 3%; however, at no time will the base rent during the renewal period be less than the rent for the previous lease year plus the 3% escalation. In order to allow Alpha time to obtain its governmental approvals to open for business, the Administration is recommending that rent commence at the later of one month from the Lease Commencement Date or the date the restaurant opens for business ("Rent Abatement Period"); however, said Rent Abatement Period shall not exceed six (6) months from the Lease Commencement Date. This Rent Abatement Period will allow Tenant time to develop the Site and start up its operations, so that it will have cash flow in order start remitting rent. In addition, as provided in the Syanna Lease, the Administration is recommending a one-time exclusion (only if needed) to pull a special event permit in order to host its grand opening event (subject to Special Event permit requirements and reviews). At no other time during the lease term would the Ten ant be allowed to apply for a special event permit. The balance of Alpha's proposed lease terms generally include, but are not limited to the following provisions (consistent with the terms approved for Syanna), inclusive of the Neighborhood Restrictions: 1) Tenant, at its sole cost and expense, may develop the City-Owned Property into the aforementioned outdoor cafe, and demolish and remove any improvements at lease termination (at the City's discretion); 2) Tenant agrees to use the City-Owned Property solely as an outdoor cafe to serve the patrons and guests of the adjoining restaurant at 816 Commerce Street. Furthermore, Tenant agrees not to place any speakers in or around the Property and/or attach any speakers to the exterior of the restaurant building at 816 Commerce Street. The Planning Department analysis dated March 16, 2006 supports such use of the City-Owned Property and recommends the condition of use as stated herein. The Planning Department condition of use is consistent with expressed City Commission concerns relating to the previous leases for this Property and has been incorporated in order to mitigate those concerns; 3) Alpha must obtain approvals from the Planning Department and the City Administration in the design and layout of the outdoor cafe pavers, tables, chairs and umbrellas; 4) In addition to the above-referenced security deposit, Alpha agrees to provide a performance bond, or other similar instrument (e.g. irrevocable letter of credit, surety bond, etc.} acceptable to the City, in an amount equal to the estimated costs to construct any proposed improvements; 5) Any delivery, take-out, valet, taxi or sidewalk cafe must only utilize Commerce Street; these activities will not be allowed on Washington Avenue; deliveries to the business must be made from the kitchen entrance located in the alley on the south side of 816 Commerce Street; 6) No televisions will be permitted to be part of the outdoor cafe; 7) There shall be no bar counter allowed outside. Liquor and food operations involving the outdoor cafe shall only be done in conjunction with the adjacent restaurant operations and only when the interior kitchen is operational; 8) Tenant will not apply for Special Event permits; 9) Tenant's operation will not interfere with pedestrian traffic; 1 0) Tenant's hours of operation are currently established as follows: Sunday through Thursday 11 :30am to 11 :OOpm; Friday through Saturday 11 :30am to midnight; 758 Commission Memo Alpha 22, LLC 22 Washington Ave. Lease Agreement October 16, 2013 Page 5of5 11) No bussing stations shall be permitted in the outdoor cafe area. CONCLUSION Based on the unique disposition of this undeveloped parcel of land, and its limited use due to the size and location, it has been determined that the parcel would not be subject to public bidding as it could only be used with any functionality by the adjacent property. The administration has conducted a current review of rates in connection with the use of other outdoor concession/lease agreements with the City and finds that the rates are consistent with the determination of $20.00 per square foot rent, as recommended by the City's Finance and Citywide Projects Committee. Additionally, the Administration is recommending that during the renewal period, at year six of the Lease, the Administration will have an opportunity to analyze the rent again and may adjust the rent, based upon Fair Market Rent at the time, including the possibility of percentage rent. The Administration therefore recommends that the Mayor and City Commission approve a resolution accepting the recommendation of the City's Finance and Citywide Projects Committee, approving and authorizing the Mayor and City Clerk to execute a lease agreement between the City and Alpha 22, LLC ('Tenant") involving the use of approximately 2.216 square feet of City-Owned vacant property, located at 22 Washington Avenue, Miami Beach, Florida ("Property"), adjacent to existing restaurant space located at 816 Commerce Street, Miami Beach, Florida ("Restaurant Space"}, to be used as an outdoor cafe, concurrent with the Lease/use of the adjoining restaurant; said Lease having an initial term of five {5) years, with an option to renew for four (4) years and 364 days, at the City's sole discretion; and further waiving, by a 5/7 1h vote, the competitive bidding requirement, as required by Section 82-39 of the Miami Beach City Cod~ding such waiver to be in the best interest of the Public. JLM\~8\JiuhNT Attach me~ "A" -Syanna Site Plan "B" -Rouge NYC Business Plan and Menu "C" -Managing Principal's Resume "D"-Alpha Letter of Intent and Corporate Information "E" -Proposed Lease cc: Jimmy L. Morales, City Manager Kathie G. Brooks, Assistant City Manager Max Sklar, Director for Tourism, Culture and Economic Development Gisela Nanson Torres, Leasing Specialist F:IECON\$ALL\ASSE1\22 WASH/NGTOMCommission Memo Alpha 22, LLC Lease 10-16--2013 759 ic..~~~MlADIIUt~ atrsr~!MJ.UI-~ ~ .. ~~w":nc~z.:r_~:=-... :~-~..,. ....,.,... .. tllt.liiO SDiiCIIt .w..~. E :.•. @ ii.C-CEPTA.l\LEGROIJ.'IoCO:OVEJI.. 1\0IM...._T~~ GWIJjiSt.N.I:'I ~ICJ5 Pln~u ... Tc&\~ 'l"HEELERb' .IE'(I/rn,lll~li-!IA'~,I,.'I;RINI)NlllY,:)).OitQ)tlT YH_L:::MI VW.TANA. PLUi.IMOO VAAIEOA'! 11 mKP! Mot.IELI.ADS,t.f.llo!LYGRASS t•OTE LCCA.TIOO (:.f C;IJ STlNC Tfl.e£ ~l..Sl EIE FJ;LD IJI:~F•ED BY LA~llSCAPF ARCHITEI"":T OUlUOOR SEATING AREAS SEA Tl NG AREA (A) = 10 SEATINGAREA(B)= IB SEATING AREA (C) = 26 TOTAL PROPOSED SEATING AREA FOR THE OUTSIDE= 54 -~-----~.;;.~ CO!ol~t::RCE ST. 1 I 1 I I ... ,. ___ l_ __ ,.~~ BISCAYNE CT. ":' ---~----t-1 @ ~,;:';;;:.~n~•·~.,M~•·-·-~~-"'""m~ EXHIBIT A 760 PROJECT LOCATION . ·~-~ If •• 't 'J"" ... ,, .... ' "'' '· .. ., § ~,·~~l :;}c;_. LOCATION SKETCH N.T.S ~ ~ ~ £ 0 0~ 0 ~ ..J" ~~ :::1~ <(~ "'"' 11.~ -'z o:[~ • ~ ~ ... ..,_, A-101 ~ ; ~loolo'l'ILl 761 763 764 Unlike traditional bars or large brand-and restaurants, we believe our Con our clients with a distinctive experien Each of our Rouge NYC Ba . personality specificaJI " ··· · morket environment · allisticated design popular "de, nts and highly .. ~ .. II) (Q ...... Our corporate strategy is to achieve growth by leveraging our management experience and food and beverage brands for expansion into both new and existing markets and by targeting strategic internal growth opportunities. •!• We may intend to concentrate on opportunities to sign management contracts and develop our brands without the need to acquire significant ownership interests in properties. •!• We believe that our management team and operating infrastructure will provide us with the ability to successfully integrate assets .,o our business as we grow and expand. ·· •!• Moreover, we believe our flexibility with respect configuration of venues gives us more options to grow. as compared to many of our competitors who. specifications so that their Bars and restaurants Will• (Q (Q ...... It ;;;r, ~i'-f ~! Keys to successes i~ ·t:l 'l'l ~ 'I 1i.ll I,,~ Rouge NYC has identified several business elements that must be impfJtmented in order to succeed in this competitive market. ~ 12/09/2013 7 ,...... (Q ,...... 768 769 770 Market Analysis -Competitive Landscape The US bar and nightclub industry includes about 45,000 establishments (single-location companies and branches of multi-location companies) with combined annual revenue of about $20 billion. No major companies dominate; varying state liquor laws complicate the ability to form large chains. The industry is highly fragmented: the 50 largest companies account for about 5 percent of revenue. Personal income and entertainment needs drive demand. The profitability of individual companies depends on the ability to drive traffic and develop a loyal clientele. Large companies can offer a wide variety of food, drinks, and entertainment, and have scale advantages in purchasing, financing, and marketing. Small companies like Rouge NYC Wine Bar can compete effectively by serving a local market, offering unique products or entertainment, or providing superior customer service. The industry is labor-intensive: average annual revenue per worker is about $60,000. Bars and nightclubs compete with other venues that offer alcoholic drinks or entertainment, including restaurants, hotels, and casinos. Drinking establishments also compete with the home consumption of alcohol. 12/09/2013 11 """'" ....... ....... Market Analysis -Industry analysis and risks • Major sources of revenue include beer (about 35 percent of sales), distilled spirits or hard liquor (30 percent)~ food and non-alcoholic beverages (20 percent), and wine (7 percent). Rouge NYC specializes in Wine. • While most customers go to bars and nightclubs to socialize, bar activities tend to focus more on drinking, while nightclubs focus on entertainment and dancing ... • According to the IBISWorld Bar Business & Nightclub Business Industry Report: Bar business & nightclub business revenues grew 3.5% in 2011 and is projected to increase 3.2% to $22.7 billion in 2012. This is a promising development since bar business revenue growth has been relatively flat since 2007: despite the projected 3.2% increase in 2012, the 5 year average annual revenue growth will likely be slightly negative (-0.7%) through 2012. Part of this trend owes to the large decline in bar and nightclub revenues in 2009, when industry revenue fell 9.3% due to a significant contraction in consumer spending and adjustments in alcohol consumption patterns. In 2010, the bar business and nightclub business industry began to recover with revenue growth of 1.1% over the year. • The societal shift away from alcohol toward healthier lifestyles is contributing to a decline in the amount of household spending devoted to trips to bars and nightclubs. Over the five years to 2012, alcohol consumption should grow modestly by about 0.08% per year. 12/09/2013 12 ···-···---· --·--------N ....... ....... Market Ana lysis -Industry ana lysis and risks • Bar business and nightclub business revenues are considered luxury spending by many consumers. The Great Recession and accompanying higher unemployment rates brought lower consumer spending (down 1.9% in 2009t leading many consumers to reduce luxury spending, including trips to bars and nightclubs. A rebound in consumer spending (+2.0% in 2010, +2.3% in 2011) has brought many consumers back to the bars and nightclubs. Consumer spending is forecast to grow 2.0% in 2012, which should continue to help improve bar business and nightclub business revenues. • We note an emerging trend: the increase in the number of consumers choosing packaged beverages for home consumption rather than at bars or nightclubs. This trend is expected to have lasting impacts on both the bar business and nightclub business. The number of bar & nightclub business establishments is forecast to decline slightly (an average of 1.0% per year to 66,602 in 2017), while employment levels are expected to slip an average of 1.2% per year to 345,253 in 2017. Despite these bar & nightclub business trends, revenues are expected to grow as the economy improves and consumer spending increases, with industry revenue projected to climb at about 2.5% per year over the next 5 years, reaching $25.7 billion in 2017. 12/09/2013 13 >•-·->---·----------------M ....... ....... Bar & Nightclubs Business Customer Demographics Regarding liquor spending in bars and nightclubs (including wine): • Target Customers. Householders aged 25 to 34 spend 66% {$83.25) above the national average household expenditure, householders aged under 25 spend 30% ($65.50) more than the average household expenditure, and householders aged 45 to 54 spend 11% above the national average of household expenditure ($55.62). • Ethnicity. Spending by non-Hispanic whites liquor is 13% more than the national household average and comprises 87% of the market, spending by other ethnic groups relative to the national average: Hispanic {38% less, 7% of market), Black {51% less, 6% of market), Asian (8% more, 4% of market). • Geography. Differences in spending on liquor at restaurants and bars emerge regionally: Midwest {1% less, 23% of market), West (33% more, 30% of market), Northeast (4% more, 19% of market), South (2% less, 28% of market). • Income levels. Households earning $100,000 or more spent 82% more than the average household on liquor, households earning $70,000-$100,000 spend 20% more than average, households earning $40,000 to $70,000 spend about 8% more than average, while households earning less than $40,000 spend about 46% less than average. 12/09/2013 14 oqo ...... ...... Market Segmentation -Target Market Rouge NYC has identified two target customer segments which are particularly attractive. The first segment customers are the wine lovers who are looking for some sort of quality and wide selection of French wines and traditional French cuisine in a relaxed NYC atmosphere. This group travels to where ever there are tables as their choice for Rouge NYC wine bar will be the result of specific researches and expectations. The second group comprises the young working population (between 25 and 40 years old) who wants to socialize and drink most likely after work. This group either works in this area or leave in the neighbor districts of Manhattan. While the two groups share the same interest in Wine and Food, they are distinct groups and each one will need to be reached via different methods. The first Group needs to hear about Rouge NYC through different general Media that covers different types of people but focusing on the restaurant and bar sectors. (Timeout, seamless.com etc .. ). The second group needs to be reached through loca I media. 12/09/2013 15 ~·~---II) ....... ....... Marketing and Communication Strategy • Unlike many bars, our managers are trained to sell the experience, not simply the product. By branding the "experience," we showcase the kind of creativity that happens inside our bars and prove that our guests come to us for much more than just a drink or a dinner. Our objective is to create differentiation by selling an "experience" and brand. • While our marketing initiatives are customized in order to account for local preferences and market conditions, consistent major campaign and branding concepts will be utilized throughout all our marketing activities. These concepts will be developed by our central brand and marketing teams. • We will place significant emphasis on branded communication strategies that are multi-layered and non-traditional. We believe our public relations and social networking outreach strategy will be a highly cost-effective marketing tool for us. Through highly publicized events, prospective customers are more likely to be made aware of our hotels through word-of-mouth or magazine, newspaper articles or social networking entries and high-profile events rather than direct advertising. • This publicity will be supplemented with focused marketing activities to our existing customers. Our in-house marketing and public relations team coordinates the efforts of third-party public relations firms to promote our bars through magazines, electronic national or local Food and beverage medias {ie: Timeout NYC). We regularly host events that attract potential clients and journalists, generating articles in newspapers and magazines. 12/09/2013 16 -------··-·-···----------------(Q ...... ...... Sources • http:Uwww.ibisworld.com/industry/default.aspx?indid=1685 • 1 "Bars & Nightclubs in the US." January 2012. IBISWorld. Santa Monica: CA. University of Texas at San Antonio, John Peace Library. San Antonio, TX. Order full report fromhttp://www.ibisworld.com/about/fag.aspx. 01 Apr 2012 12/09/2013 ~-c ---··-··---~· 17 ,...... ,...... ,...... RCOUGE Appetlzen Lobster Salad Artichoke Salad Salade Nicoise with fresh tuna Fish soup Haricots verts with Foie gras Beef Carpaccio Tuna tartare See food Carpaccio (octopuss. schrimp, fish from the fresh market) Apple tarte with foie gras Polssons -From the Sea Grilled fish ( fresh from the market) Grilled Lobster French traditionnal octopuss "daube11 Branzino Fish 11 en croute de sel" Garnbas with lemon reduction sauce Vlande-Meat Souris d'agneau Pilon mignon grille fleur de sel Roasted organic chicken Roast beef French traditionnal "Roti de Veau .. au jus de truffc Tajine de poulet Accompagnement-Side Ratatouille Coquillettes aux truffes Spinach with roasted garlic Green Salad French Fries with rosmary Delsert Mousse au chocolat Trio de 11crCme brulee" Vanilia, cofee. pistachio Fraise a la chantilly maison Tarte Millefeuille Fruit frais Home made sorbet granite French Cheeses plate 778 Mr. Olivier LUBRANO 95 Wall Street, Apt. 1605 New York. NY. 10005 USA. Cellphone: +1 718-502-5914 Email : o.lubrano@gmail.com PROFESSIONAL EXPERIENCE: From June 2012 Restaurant Le Seaven, Radiuou Hotel, Owner and creator of the concept Restaurant located on the rooftop of this five star hotel. October 2010-June 2012 Restaurant La Petite Malson, New York (Jeneral~ger Fine dining french restaurant with 140 seats, Managing staff of 45 people, including kitchen June 2007-September 2010 Palais Club CaDDes. France (Club aod restaurant) General Manager Bar and full kitchen french restaurant with 120 seats September 2006 -June 2010 : Tantra Restaurant. Canoes, France Co-owner June 2000 -April2006 Full kitchen french restaurant Restaurant Le Cabaaou Co-owner Full kitchen french restaurant with fish specialities March 2006 -June 2007 : Caption UK Ltd, Loadon. UK Sales Manager and Associate Company specialized in Silver Jewelry. l was recruited as sales manager and following the good perfonnances obtained, the owner of the company proposed to me to become associated. June 2000 -february 2006 : Kulte, the Freuth Braud • Marseille. Franee Sales Manager. I was in charge of the customers and the sales 1epaesen1Btives. (220 retaileD and 12 sales repn:santative) increasing business Turnover of 70% in 3 years. December 98 -May 2000 : Le Galoubet, Restaunnt. Val Thoreus . Fnnce Floor Manager Management of the reservations customers. Manager of the staff of Waiters (16 people) March 96 -September 98 : Balle de Mateh. Paris, France Sales Manager Balle de Match is a press, conununicaton and advertising agency. EXHIBIT C 779 September 90 -February 96 : DecatbJon sport store. Toulon. France Department Manager and Store Manager EDUCATION: After a first period of 3 years as department manager, I became store manager. I had during this period a training specialized in recruitment, management and human resources. 1989-90: 1988-89: School of Management in Restaurant Business Business School of the« Cbambre de Commerce et d'Indusbie de Paris>) 1987: Lycee Langevin -Toulon Baccalaureat (U. S. equivalent High School Diploma). SPECIALS SKILLS: English Language: Italian Language: Computer skills: Travel: Fluent Basic Familiar with Microsoft Office, Word, Excel. ... Once every year to Italy, UK. 2 times in NY in 2009. 780 August 9, 2013 Mr. Max Sklar, Director Tourism, Culture & Economic Development Office of Real Estate 1755 Meridian Avenue, Suite 500 Miami Beach, FL 33139 Re: Non-Binding Letter of Intent and proposal by Alpha 22, LLC to lease a 2,216 square foot outdoor space at 816 Commerce Street (22 Washington), Miami Beach FL 33139 ("Premises"). Dear Mr. Sklar: Please consider the below outlined terms and conditions, subject to future approval by the City, in connection with a possible lease of the above referenced City-owned property. Tenant: Landlord: Premises: Use: Base Rent: Term: Possession/ Lease Commencement: Rent Commencement: Alpha 22, LLC; DBA: To be Determined City of Miami Beach 2,216 square foot space, more particularly described in the attached Exhibit "A" For an outdoor cafe to serve patrons and guests of the adjoining restaurant at 816 Commerce Street and for no other use or purpose, subject to the restrictions attached hereto as Exhibit ·e· and any other necessary restrictions to be contained in the final lease, at the sole discretion of Landlord. $20.00/PSF, plus sales tax, for the first year, with 3% annual increases thereafter. Initial nine years and 364 days from Lease Commencement; Concurrent with adjoining restaurant laue, termln•ble upon termindon of adjoining restaurant lease. Upon lease Commencement of the adjoining restaurant lease. The later of one month from execution of lease or date restaurant opening premises for business at 816 EXHIBIT D 781 Security Deposit: Option: Property Taxes: Delivery Condition: Sales Tax: Additional Restrictions: Commerce (22 Washington), but no later than (6) six months from lease execution date. One month of Base Rent, plus sales taxes. N/A Tenant shall be responsible for all Property Taxes and other impositions in connection with the Leased Premises, to the extent that such Property Taxes and other impositions become due. As-Is Tenant shall pay any and all applicable sales and use tax. Tenant agrees that any (i) valet parking and/or a taxi cab stand; (ii) delivery and/or take-out service; and (iii) any Sidewalk Cafe permit, if approved by the City in conjunction with the Tenant's restaurant operation at 816 Commerce Street shall not utilize Washington Avenue and will be limited to Commerce Street. No application for a City of Miami Beach special event permit shall be sought by Tenant for the Demised Premises and Tenant's restaurant building at 816 Commerce Street during the term of the Lease Agreement. It is understood and agreed that the Demised Premises shall be used by the Tenant during the term of this Agreement only for the uses contemplated herein, and for no other purpose or use whatsoever. Tenant will not make or permit any use of the Demised Premises that, directly or indirectly, is forbidden by public law, ordinance or government regulation, or that may be dangerous to life, limb or property. Tenant may not commit waste on the Demised Premises, use the Demised Premises for any illegal purpose, or commit a nuisance on the Demised Premises. In the event that the Tenant uses the Demised Premises for any purpose not expressly permitted herein, then the City may declare this Agreement in default, or without notice to Tenant, restrain such improper use by injunction or other legal action. 782 Improvements -Required Approvals/Procedures: Performance Bond: Tenants Insurance: Tenl.flt'• Maln18nance Obligatio• Utilities: Capital improvements contemplated for the Lease Premises require and are subject to Landlord's prior written consent. Plans for such improvements are also subject to Landlord's review and approval in writing. Moreover, such construction shall be property permitted and done in compliance with all applicable Municipal, County, State and Federal regulatory requirements, and shall be accomplished through the use of licensed, reputable contractors who are acceptable to the City. Wrthout the prior written consent of the City, 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. Tenant shall deliver a Performance Bond, or other similar instrument (e.g. Letter of Credit, Surety Bond, etc.) acceptable to the City, in an amount equal to the estimated cost to demolish and remove, at the City's sole discretion, any improvements constructed on the Demised Premises, at the termination and/or expiration of the Agreement. Comprehensive General Liability in an amount not Jess than $1,000,000 per occurrence. Workers Compensation and Employers Liability Coverage in accordance with Florida Statutes. Tenant shalf be responsible for day-to-day maintenance and repairs of the Leased Premises. Tenant shall be responsible for all utility costs, including without limitation, water, gas, electricity, sewer, storm water, and any other utility service provided to the Leased Premises. 783 Commission: Landlord shall not be responsible for payment of a commission in connection with the lease of the subject property. This proposal and shall not be deemed to be a commitment by or binding upon Landlord or Tenant until a lease has been negotiated and executed by the parties. Should you have any questions with respect to this Letter of Intent please do not hesitate to contact me. Sincerely, Alpha 22, LLC By: ·~O~IJ~v-er~L~u~b-~-n-o-.~a--~,-~~~---------- F:JRHCO/$aiiiECON/$aDIAIMt/Aaaetl22 Waahlngton/LOI from Alpha 22. LLC 8-5-13 784 ----------- EXHIBIT A Description of Demised Premises A portion of Lots 1 and 2, Block 51, Ocean Beach Addition No. 3, according to the plat thereof, recorded In Plat Book 2, at page 81, of the Public Records of Dade County, Florida, being more particularly described as follows: Bounded on the North by the South R/W line of Commerce St.; Bounded on the West by the East line of Lot 2; Bounded on the South by the North RJW line of Biscayne Court; Bounded on the East by a line that is a perpendicular distance of 100 feet westerly and parallel to the East RJW line of Washington Avenue. ¥ .. q3 .. -=~ .gy .a ..a ~i .. ~ .. ~ J:1J?~Lk-· ;U ' ~ c::· =========== ~"-"-=--~---l"'i1".Jii.,..· . - 785 Additional Requirements The Demised Premises shall be maintained in a clean, neat and orderly appearance at all times by the Tenant. The area of the sidewalk, curb and gutter immediately adjacent to the Demised Premises 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 Tenant sha II 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 all 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 in the Demised Area; d. All tables, chairs, umbrellas, and any otheroutdoorfumlture shall be readily removable, and shall not be physically attached, chained, or in any other manner affixed to any public structure, street furniture, slgnage, 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 Demised Premises; f. At close of business, all tables, chairs and any other outdoor furniture shall be removed from the Demised Premises 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 in the Demised Area, or in 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 In the Demised Area; i. Only one menu board shall be permitted to be displayed on the Demised Premises, the location of which shall be set back next to the main entrance door of the enclosed area of the restaurant; j. No food preparation, food storage, refrigerntien apparatus-or equipment; -or fire apparatus or equipment, shall be allowed on the Demised Premises; k. No food displays shall be permitted on Demised Premises. No advertising signs or business ldentlficatlon signs ahaH be permitted, except that the restaurant name and/or Ita logo may be permitted on umbrellas but such logos and/or lettering may not exceed six Inches In height; 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 pf all or part of any furniture located on the Demised Premises 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 Tenant shall, within no more EXHIBIT ·e· 786 than four hours of same, remove and place indoors all tables, chairs and any other outdoor furniture located on the Demised Premises. 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 Demised Premises that has otherwise not been removed by the Tenant pursuant to this subsection. Any and all costs Incurred by the City for removal, relocation and/or storage of Tenanfs furniture shall be the responsibility of the Tenant. 787 Detail by Entity Name Page I of2 FLo R 1 D A Dr PAR. T M EN T o t S ., A., t. ~ · · _ ·-" D 1 r 1 s 1 o \ oF C 01~ Po R \ 11 o' ~ -~:r:Jpr;· -: ·. · :··..-.. Detail by Entity Name lorida Limited Llabill LPHA22 LLC Document Number FEI/EIN Number Date Flied BENNACEUR,HAZEM L13000103545 NONE 07/2212013 FL ACTIVE 15 WARREN STREET--APT 422 ERSEY CITY, NJ 07302 LUBRANO, OLIVIER 5 WALL STREET---APT. 1605 NEW YORK, NY 10005 No Annual Reports Flied ------·--' -. -~,:.. .. ~ ~~~1 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/EntityNamelflal-ll... 9/30/2013 788 Detail by Entity Name Document lma es 07/22/2013 -Florida limited Liability .__I __ V_iew_im_age~_in_P_D_F_forma __ t _ __. Home Contact Us E-Filing Servlc8$ Document Searches ~ •t) and pnygcv flo.lic!fS State of Florid~. Department or State Page 2 of2 Forms Help http:/ /search.sunbiz.org/Inquiry/CorporationSearch!SearchResultDetaiUEntityName/flal-11... 9/30/2013 789 LEASE AGREEMENT THIS LEASE AGREEMENT, made this 16th day of October, 2013, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, (hereinafter referred to as "City''), and ALPHA 22, LLC, a Florida limited liability company, (hereinafter referred to as ''Tenant"). 1. Demised Premises. The City, in consideration of the rentals hereinafter reserved to be paid and of the covenants, conditions and agreements to be kept and performed by the Tenant, hereby leases, lets and demises to the Tenant, and Tenant hereby leases and hires from the City, those certain premises hereinafter referred to as the "Demised Premises", located at 22 Washington Avenue, Miami Beach, Florida 33139, and more fully described as follows: Approximately two thousand two hundred sixteen (2,216) square feet of unimproved land. Such Demised Premises are specified in Exhibit A, which is hereby made a part of this Lease Agreement (the Lease or the Agreement). Tenant is leasing the Demised Premises concurrently with the restaurant space, adjacent to the Demised Premises, having a physical address of 816 Commerce Street, Miami Beach, Florida 33139 ("Restaurant at 816 Commerce Street"). 2. Term. 2.1. Tenant shall be entitled to have and to hold the Demised Premises for an initial term of five (5) years, commencing on the 1st day of November. 2013 (Commencement Date), and ending on the 31st day of October. 2018. 2.2. The City, at its sole discretion, may grant Tenant an option to renew Agreement for one additional term of four (4} years and 364 days. In the event Tenant wishes to request said renewal option, Tenant shall communicate said request, in writing, to the City at least 180 days prior to the end of the initial term. 3. Rent. 3. 1 Base Rent: Base Rent for the Demised Premises during the initial term shall begin to accrue as of the later of one month from the Commencement Date or the date the restaurant opens for business ("Rent Abatement Period"); however, said Rent Abatement Period shall not exceed six (6} months from the Commencement Date, based upon the total leasable space of 2,216 square feet as follows: Assuming the restaurant opens December 1 , 2013, the Base Rent for the Demised Premises shall be as follows: Initials: Date: ___ _ City of Miami Beach (Landlord) Initials: Date: ___ _ Syannna, LLC (Tenant) 1 EXHIBIT E 790 Base Rent per Total Annual Monthly Rent Year Rent Commencement Square Foot Rent Payment Year1 December 1, 2013 $20.00 $40,626.63 $3,693.33 Year2 November 1 , 2014 $20.60 $45,649.60 $3,804.13 Year3 November 1 , 2015 $21.22 $47,019.09 $3,918.26 Year4 November 1, 2016 $21.85 $48,429.66 $4,035.81 YearS November 1, 2017 $22.51 $49,882.55 $4,156.88 3.1.2 Base Rent shall be due and payable on the first day of each month throughout the Term of this Agreement, along with applicable sales tax. 3.1.3 Notwithstanding anything in this Section 3 or in the Agreement, the City reserves the right to re-negotiate the Base Rent amount concurrent with Tenant's right to exercise, and City's approval (if at all) of, the renewal term ("Renewal Rent"). The Renewal Rent may be based upon a percentage of gross receipts or may continue to be assessed as a fixed annual rent, based upon the fair market rent at the time, to be escalated annually by 3%; however, at no time will the Base Rent during the renewal term be less than the rent for the previous lease year plus the 3% escalation. 3.2 Late Payment. It is expressly agreed and understood by and between the parties hereto that any installments of rent accruing under the provisions of this Agreement which shall not be paid when due shall bear interest at the maximum legal rate of interest per annum then prevailing in Florida from the date when the same was payable by the terms hereof, until the same shall be paid by Tenant. Any failure on Landlord's behalf to enforce this Section shall not constitute a waiver of this provision with respect to future accruals of past due rent. In addition, there will be a late charge of $50.00 for any payments submitted after the due date. 3.3 Sales and Use Tax. It is also understood that Tenant shall also include and forward to the City any and all additional sums for all applicable sales and use tax, now or hereafter prescribed by State, Federal or local law, and now described by Florida Statute 212.031. It is the City's intent that it is to receive all payments due from Tenant as net of such Florida State Sales and Use Tax. 3.4 Location for Payments. All rents or other payments due hereunder shall be paid to the City of Miami Beach at the following address: City of Miami Beach Finance Department c/o Revenue Supervisor 1700 Convention Center Drive Miami Beach, Florida 33139 2 791 4. MAINTENANCE AND EXAMINATION OF RECORDS. Tenant shall maintain current, accurate, and complete financial records on an accrual basis of accounting related to its operations pursuant to this Agreement, including such records and accounting related to the Restaurant at 816 Commerce Street. Systems and procedures used to maintain these records shall include a system of internal controls and all accounting records shall be maintained in accordance with generally accepted accounting principles and shall be open to inspection and audit 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. 5. INSPECTION AND AUDIT. Tenant shall maintain its financial records pertaining to its operation pursuant to this Agreement and including the Restaurant at 816 Commerce Street for a period of three (3) years after the conclusion of the initial term, or (if approved) the last renewal term, and such records shall be open and available to the City Manager or his designee, as deemed necessary by the City Manager or his designee. Tenant shall maintain all such records at Its principal office, currently located at 816 Commerce Street, Miami Beach, Florida, 33139 or, if moved to another location, all such records shall be relocated, at Tenant's expense, to a location within the City of Miami Beach, within ten (1 0) days' written notice from the City Manager or his designee that the City desires to review said records. 6. TAXES. ASSESSMENTS. AND UTILITIES. 6.1 Tenant agrees to and shall pay before delinquency all taxes (including but not limited to Resort Taxes) and assessments of any kind assessed or levied upon Tenant by reason of this Agreement or by reason of the business or other activities and operations of Tenant upon or in connection with the Demised Premises and/or the adjoining Restaurant at 816 Commerce Street.. Tenant shall also pay for any fees imposed by law for licenses or permits for any business, activities, or operations of Tenant upon the Demised Premises and/or the adjoining ground level restaurant at 816 Commerce Street, and shall maintain same current and in good standing throughout the Term of this Agreement. 6.2 Utilities. The City shall not be responsible for providing electrical or water service, or any and all other utilities to and/or for, and/or in connection with, the Demised Premises. Requests for installation of electrical, water and /or any and all other utilities shall be submitted in writing to the City Manager or his designee. Installation and connection of any and all utilities, as and if approved by the City, will be performed at Tenant's sole cost and expense. 6.3 Procedure If Ad Valorem Taxes Assessed. During the term of this Agreement, Tenant shall be solely responsible for all taxes of whatever nature lawfully levied upon or assessed against the Demised Premises and 3 792 improvements, sales, or operations thereon, including but not limited to, Ad Valorem taxes. 7. Security Deposit. 7.1 On or prior to the Commencement Date, Tenant shall to pay the City a Security Deposit, in the sum of eleven thousand seventy-nine dollars and 99/100 ($11,079.99). Said Security Deposit is to ensure the full and faithful performance by the Tenant of each and every term, covenant and condition ofthis Agreement. In the event that Tenant defaults with respect to any of the terms, provisions, covenants and conditions of this Agreement, including but not limited to, the payment of any rent, the City may use, apply or retain the whole or any part of the Security Deposit for the payment of such rents in default or any other sum which the City may expend or be required to expend by reason of the Tenant's default, including any damages or deficiency in the re-letting of the Demised Premises, whether such damages or deficiency may accrue or after summary proceedings or other re-entry by City. 7.2 In the event that the Tenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Agreement, the Security Deposit or any balance thereof shall be returned to the Tenant, without interest, upon the expiration of the Agreement and peaceful surrender of the Demised Premises. 7.3 City shall not be required to keep the Security Deposit in a segregated account and the Security Deposit may be commingled with other funds of City and in no event shall the Tenant be entitled to any interest on the Security Deposit. 7.4 In the event of a bona fide sale of the Demised Premises, as delineated in this Agreement, the City shall have the right to transfer the Security Deposit to the purchaser for the benefit of the Tenant and the City shall be considered by the Tenant free from all liability for the return of such Security Deposit, and the Tenant agrees to look to the new owner/landlord solely for the return of the Security Deposit, if such Security Deposit is actually transferred, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to any new owner/landlord. It is expressly understood that the issuance of a warrant and the lawful re-entry to the Demised Premises by the City for any default on the part of the Tenant, prior to the expiration of the term of this Agreement, shall not be deemed such termination of this Agreement as to entitle the Tenant to recovery of the Security Deposit and the Security Deposit shall be retained and remain the possession of the City. 8. Use and Possession of Demised Premises. 8.1 The Demised Premises shall be used by the Tenant solely as an outdoor cafe to serve the patrons and guests of Tenant's adjoining Restaurant at 816 commerce Street. The outdoor cafe shall have days and hours of operation from Sunday through Thursday commencing on 11:30 a.m., and ending no later than 11:00 p.m., and Friday through Saturday, commencing on 11:30 a.m., and ending no later than midnight. Notwithstanding the preceding hours of operation, the outdoor cafe on the Demised Premises shall only be open when the restaurant at 816 Commerce Street is open for business (and, conversely, shall be closed when the restaurant is closed). 4 793 8.2 Tenant and owner/tenant of the Restaurant at 816 Commerce Street shall at all times throughout the Term of the Agreement be one and the same and cannot exist independently of each other. Tenant acknowledges and agrees that its use of the Demised Premises shall be, and remain at all times throughout the Term, an ancillary use to Tenant's restaurant at 816 Commerce Street. Additionally, Tenant's operation will not interfere with pedestrian traffic. The number of seating on the Demised Premises shall not exceed 65 and shall be included in the overall seating count of Tenant's Restaurant at 816 Commerce Street. There shall be no bar counter of any kind as part of the Demised Premises and all food served shall be prepared within the interior kitchen of the Tenant's restaurant and only when the interior kitchen is operational. Any and all alcoholic beverages served at the outdoor cafe shall be serviced by Tenant's restaurant. 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. Tenant shall further maintain the Demised Premises and abide by the conditions set forth in Exhibit ·e" of the Lease. 8.3 Tenant hereby warrants and represents that Alpha 22, LLC. is the owner of the Restaurant at 816 Commerce Street and shall, throughout the Term of the Lease, 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. 8.4 Tenant agrees not to place any television, speakers, or any other device used to amplify sound, on or around the Demised Premises. Tenant further agrees to not attach any televisions, speakers, or any other device used to amplify sound, to the exterior of the Restaurant building at 816 Commerce Street. Furthermore, Tenant shall in no manner use the Demised Premises, or Tenant's restaurant at 816 Commerce Street, as an outdoor entertainment or open air entertainment establishment, and hereby acknowledges that such uses are prohibited (whether as main or accessory uses). 8.5 Tenant agrees that any (i) valet parking and/or a taxi cab stand; (ii) Take-out service; and (iii) any Sidewalk Cafe permit, if approved by the City in conjunction with the Tenant's restaurant operation at 816 Commerce Street shall not utilize Washington Avenue and will be limited to Commerce Street. Furthermore, any and all deliveries to the restaurant shall be limited to the alley located on the south side of 816 Commerce Street. 8.6 Tenant 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 tenant be permitted to submit an application for a special event to be held on the Demised Premises. 5 794 8. 7 It is understood and agreed that the Demised Premises shall be used by the Tenant during the term of this Agreement only for the uses contemplated herein, and for no other purpose or use whatsoever. Tenant will not make or permit any use of the Demised Premises that, directly or indirectly, is forbidden by public law, ordinance or government regulation, or that may be dangerous to life, limb or property. Tenant may not commit waste on the Demised Premises, use the Demised Premises for any illegal purpose, or commit a nuisance on the Demised Premises. In the event that the Tenant uses the Demised Premises for any purpose not expressly permitted herein, then the City may declare this Agreement in default pursuant to Section 18, or without notice to Tenant, restrain such improper use by injunction or other legal action. 8.8 Notwithstanding anything to the contrary contained herein. in the event of a breach by Tenant of any conditions in this Section 8, the City Manager, in his sole determination and judgment, shall have the right to automatically terminate this Lease, without any liability to the City; said termination affective upon three (3) days written notice to Tenant. By executing the Lease, Tenant hereby agrees to this condition, and further voluntarily and knowingly waives and releases any and all rights now or hereinafter conferred upon Tenant 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 Lease pursuant to this Subsection. 9. Improvements. 9.1 Any improvements on the Demised Premises shall be subject to the prior written approval of the City Manager, which approval, if given at all, shall be at the his sole discretion. All permanent (fixed) improvements to the Demised Premises shall become the property of the City upon termination of the Lease. Notwithstanding the preceding sentence, the City may require that Tenant, upon termination of the Agreement, remove all permanent (fixed) improvements to the Demised Premises (at his/her sole discretion), without damage to the Demised Premises or cost to the City. Furthermore, upon the lawful termination of the Agreement, all personal property and trade fixtures may be removed by the Tenant from the Demised Premises without damage to the Demised Premises. Tenant will permit no liens to attach to the Demised Premises arising from, connected with or related to the construction of any improvements. Moreover, such construction shall be properly permitted and done in compliance with all applicable Municipal, County, State and Federal regulatory requirements, and shall be accomplished through the use of licensed, reputable contractors who are acceptable to the City. Any and all costs, permits and or licenses required for the installation of improvements shall be the sole responsibility of Tenant. 9.2 Performance Bond. As additional consideration for the City entering into this Lease, Tenant has agreed to make certain improvements to the Demised Premises including, without limitation, landscaping and paving (Tenant Improvements), which shall be approved by the City pursuant to Section 9.1 above. Tenant shall deliver to the City a Performance Bond, or other similar instrument (e.g. Letter of Credit, Surety Bond, etc.) acceptable to the City, 6 795 in an amount equal to the estimated cost of Tenant's improvements. In the event that Tenant does not complete the Tenant's Improvements within eight (8) months from the Effective Date, then City may, without further notice to Tenant, apply or retain the whole or any part of the Performance Bond (or alternate security) as agreed upon liquidated damages. 10. City's Right of Entry. 10.1 The City, or its authorized agent or agents, 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. However, the City agrees that whenever possible, the City shall provide reasonable notice, in writing, to Tenant, unless the need to enter the Demised Premises is an emergency, as deemed by the City at its sole discretion, which if not immediately addressed could cause property damage, Joss 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. 1 0.2 If the Tenant shall not be personally present to permit entry onto the Demised Premises at any time, for any reason, and any entry thereon shall be necessary or permissible, the City, or its agents, may enter the Demised Premises, including, without limitation, forcibly entering the Demised Premises, without rendering the City or such agents liable therefore. 11. Tenant's Insurance. The Tenant shall, at its sole cost and expense, comply with all insurance requirements of the City. It is agreed by the parties that the Tenant shall not occupy the Demised Premises until proof of the following insurance coverages have been furnished to and approved by the City's Risk Manager: Comprehensive General Liability in the minimum amount of $1,000,000 per occurrence for bodily injury and property damage. The City of Miami Beach must be named as an additional insured party on this policy. Workers Compensation and Employers Liability coverage in accordance with Florida statutory requirements. AII·Risks property and casualty insurance, written at a minimum of 80% of replacement cost value and with replacement cost endorsement, covering 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 the Lease) and all leasehold improvements installed in the Demised Premises by or on behalf of Tenant. Proof of these coverages must be provided by submitting original certificates of insurance. All policies must provide thirty (30) days written notice of cancellation to both 7 796 the City's Risk Manager and Asset Manager at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 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. 12. Assignment and Subletting. 12.1 . Tenant shall not have the right to assign or sublet the Demised Premises, in whole or in part, without the prior written consent of City which shall not be unreasonably withheld. Such written consent is not a matter of right and City is not obligated to give such consent. If granted as provided herein, the making of any assignment or sublease will not release Tenant from any of its obligations under this Agreement. A sale or transfer of a majority interest of the stock of Tenant's corporate entity shall be deemed an assignment, and for purposes of this Agreement, the City shall have the right to approve the new majority owner. Said approval shall be provided in writing. Tenant is prohibited from assigning or subletting this Agreement to any person or entity which is not of the same or higher financial responsibility as Tenant, as shall be determined by City, in its sole judgment and discretion. Further, Tenant shall be prohibited from any changes in ownership, whether in the Demised Premises or the restaurant located at 816 Commerce Street, as set forth in Subsections 8.2 and 8.3. 12.2 Any consent by the City to any act of assignment shall apply only to the specific transaction thereby authorized. Such consent shall not be construed as a waiver of the duty of the Tenant or the legal representatives or assigns of the Tenant, to obtain from the City consent to any other or subsequent assignment, or as modifying or limiting the rights of the City under the foregoing covenants of the Tenant not to assign without such consent. 12.3 Any violation of the provisions of this Agreement, whether by act or omissions, by assignee, sub-tenant, or under-tenant or occupant, shall be deemed a violation of such provision by the Tenant, it being the intention and meaning of the parties hereto, that the Tenant shall assume and be liable to the City for any and all acts and omissions of any and all assignees, sub-tenants, or under-tenants or occupants. If the Agreement be assigned, the City may and is hereby empowered to collect rent from the assignee; if the Demised Premises or any part thereof be underlet or occupied by any person, other that the Tenant, the City, in the event of the Tenant's default, may, and is hereby empowered to, collect rent from the under-tenant or occupants; in either of such events, the City may apply the net amount received by it for rent herein reserved, and no such collection shall be deemed a waiver of the covenant herein against assignment or the acceptance of the assignee, under-tenant or occupant as tenant, or a release of the Tenant from the further performance of the covenants herein contained on the part of the Tenant. 13. Maintenance and Repair. 13.1 Tenant shall maintain the Demised Premises and any fixtures and appurtenances thereon, and, at its sole cost and expense, shall make all repairs thereto as and when needed to preserve them in good working order and condition. This shall include, but not be limited to, Tenant being responsible for maintenance and repair of any and all 8 797 improvements, such as fences, walkways, pavers, ground-coverings, landscaping, and gates. 13.2 All damage or injury of any kind to the Demised Premises shall be the obligation of Tenant, and shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense to the satisfaction of the City. 13.3 All of the aforesaid repairs, restorations and replacements shall be in quality and class equal to 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 the Tenant, and all sums spent and expenses incurred by the City shall be collectable and shall be paid by the Tenant within ten (1 0) days after rendition of a bill or statement thereof. 13.5 It shall be Tenant's obligation 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 THE DEMISED PREMISES ARE BEING LEASED IN THEIR PRESENT "AS IS" CONDITION. Tenant may construct or cause to be constructed, such exterior improvements to the Demised Premises, as reasonably necessary for it to carry on its permitted use(s); provided, however, that any plans for such improvements shall be first submitted to the City Manager for his prior received written approval, which approval, if granted at all, shall be at the City Manager's sole and absolute discretion. Additionally, any and all approved improvements shall be made at Tenant's sole cost and expense. All permanent (fixed) improvements to the Demised Premises shall remain the property of the City upon termination and/or expiration of this Agreement. Upon termination and/or expiration of this Agreement, all personal property and non-permanent trade fixtures may be removed by the Ten ant from the Demised Premises, provided that they can be (and are) removed without damage to the Demised Premises. Tenant will permit no liens to attach to the Demised Premises arising from, connected with, or related to the design and construction of any improvements. Moreover, such construction shall be accomplished through the use of licensed, reputable contractors who are acceptable to the City Manager. Any and all permits and or licenses required for the construction and/or installation of improvements shall be the sole cost and responsibility of Tenant. 14. Governmental Regulations. The Tenant covenants and agrees to fulfill and comply with all statutes, ordinances, rules, orders, regulations, and requirements of any and all governmental bodies, including but not limited to Federal, State, Miami-Dade County, and City governments, and any and all of their departments and bureaus applicable to the Demised Premises and shall also comply with and fulfill all rules, orders, and regulations for the prevention of fire, all at Tenant's own cost and expense. Tenant shall pay all costs, expenses, claims, fines, penalties, and damages that may be imposed because of Tenant's failure to comply with this Section, and shall indemnify and hold harmless the City from all liability arising from each non-compliance. 9 798 15. Intentionally Omitted. 16. Condemnation. 16.1 If at any time during the term of this Agreement all or any part or portion of the Demised Premises are taken, appropriated, or condemned by reason of Eminent Domain proceedings (except if the Eminent Domain proceedings are initiated by the City of Miami Beach), then this Agreement shall be terminated as of the date of such taking, and shall thereafter be completely null and void, and neither of the parties hereto shall thereafter have any rights against the other by reason of this Agreement or anything contained therein, except that any rent prepaid beyond the date of such taking shall be prorated to such date, and the Tenant shall pay any and all rents, additional rents, utility charges, or other costs including excess taxes for which it is liable under the terms of this Agreement, up to the date of such taking. 16.2 Except as hereunder provided, Tenant shall not be entitled to participate in the proceeds of any award made to the City in any such Eminent Domain proceeding, excepting, however, the Tenant shall have the right to claim and recover from the condemning authority, but not from the City, such compensation as may be separately awarded or recoverable by Tenant in Tenant's own right on account of any and all damage to Tenant's business by reasons of the condemnation and for or on account of any cost or loss which Tenant might incur in removing Tenant's furniture and fixtures. 17 Default. 17.1 Default by Tenant. At the City's option, any of the following shall constitute an Event of Default under this Agreement: 17 .1.1 Rent, or any installment thereof is not paid promptly when and where due within fifteen (15) days of due date and if Tenant shall not cure such failure within five (5) days after receipt of written notice from the City specifying such default; 17.1.2 Any other payment provided for under this Agreement is not paid promptly when and where due; 17.1.3 Demised Premises shall be deserted, abandoned, or vacated; 17.1.4 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 City specifying any such default; or such longer period of time acceptable to the City, at its sole discretion; 17 .1.5 Receipt of notice of violation from any governmental authority having jurisdiction dealing with a code, regulation, ordinance or the like, which remains uncured within the time specified in such notice of violation or such 10 799 period of time acceptable to the City Manager, at his sole discretion; 17.1.6 Any petition is filed by or against Tenant under any section or chapter of the Bankruptcy Act, as amended, which remains pending for more than sixty (60} days, or any other proceedings now or hereafter authorized by the laws of the United States or of any state for the purpose of discharging or extending the time for payment of debts; 17.1.7 Tenant shall become insolvent; 17.1.8 Tenant shall make an assignment for benefit of creditors; 17.1.9 A receiver is appointed for Tenant by any court and shall not be dissolved within thirty (30} days thereafter; or 17.1.1 0 The leasehold interest is levied on under execution. 17.1.11 Tenant's violation of the provision of Subsection 8.8 herein, which shall result in an automatic termination of the Lease, as further provided in said subsection. 18 Rights on Default. 18.1 Rights on Default. 18.1.1 In the event of any default by Tenant as provided herein, the City shall have the option to do any of the following in addition to and not in limitation of any other remedy permitted by law or by this Agreement; 18.1.2 Terminate this Agreement, in which event Tenant shall immediately surrender the Demised Premises to the City, but if Tenant shall fail to do so the City may, without further notice, and without prejudice to any other remedy the City may have for possession or arrearages in rent or damages for breach of contract, enter upon Demised Premises and expel or remove Tenant and his 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 termination, whether through inability to rewlet the Demised Premises, or through decrease in rent, or otheJWise. 18.1.3 Declare the entire amount of the 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 advance of the rents for the remainder of said term and such payment shall be considered, construed and taken to be a debt provable in bankruptcy or receivership. 11 800 18.1.4 Enter the Demised Premises as the agent of Tenant, by force if necessary, without being liable to prosecution or any claim for damages therefore, remove Tenant's property there from, and re-let the Demised Premises, or portions thereof, for such terms and upon such conditions which the City deems, in its sole discretion, desirable, and to receive the rents therefore, and Tenant shall pay the City any deficiency that may arise by reason of such re- letting, on demand at any time and from time to time at the office of the City; and for the purpose of re-letting, City may (i) make any repairs, changes, alterations or additions in or to said Demised Premises that may be necessary or convenient; (ii) pay all costs and expenses therefore from rents resulting from re-letting; and (iii) Tenant shall pay the City any deficiency as aforesaid. 18.1.5 Take possession of any personal property owned by Tenant on said Demised Premises and sell the same at public or private sale, and apply same to the payment of rent due, holding the Tenant liable for the deficiency, if any. 18.1.6 It is expressly agreed and understood by and between the parties hereto that any installments of rent accruing under the provisions of this Agreement which shall not be paid when due shall bear interest at the maximum legal rate of interest per annum then prevailing in Florida from the date when the same was payable by the terms hereof, until the same shall be paid by Tenant. 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. No interest will be charged for payments made within the grace period, such grace period to be defined as within five (5) days of the due date. In addition, there will be a late charge of fifty ($50.00) dollars for any payments submitted after the grace period. 18.1. 7 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 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 City on the first day of the month following the payment of the expense by the City. 18.1.8 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 hereunder shall not operate to waive or to forfeit any of the said rights. 18.2 Default by City. Failure of the City to perform any of the covenants, conditions and agreements of the Agreement which are to be perlormed by the City and the continuance of such failure for a period of thirty (30) days after notice thereof in writing from Tenant to the City (which 12 801 notice shall specify the respects in which Tenant contends that the City failed to perform any such covenant, conditions and agreements) shall constitute a default by the City, unless such default is one which cannot be cured within thirty (30) days because of circumstances beyond the City's control, and the City within such thirty (30) day period shall have commenced and thereafter shall continue diligently to prosecute all actions necessary to cure such defaults. However, in the event the City fails to perform within the initial thirty (30) day period provided above, and such failure to perform prevents Tenant from operating its business in a customary manner and causes an undue hardship for the Tenant, then such failure to perform (regardless of circumstances beyond its control) as indicated above, shall constitute a default by the City. 18.3 Tenant's Rights on Default. If an event ofthe City's default shall occur, Tenant, to the fullest extent permitted by law, shall have the right to pursue any and all remedies available at law or in equity, including the right to sue for and collect damages, including reasonable attorney fees and costs, to terminate this Agreement (and all of its obligations hereunder by giving notice of such election to the City, whereupon this Agreement shall terminate as of the date of such notice), to specifically enforce Tenant's rights; and/or to enjoin the City. 19. Indemnity Against Costs and Charges. 19.1 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 the 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. 19.2 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. 20. Indemnification Against Claims. 20.1 Tenant shall indemnify and save the City harmless from and against any and all claims or causes of action (whether groundless or otherwise) by or on behalf of any person, firm, or corporation, for personal injury or property damage occurring upon the Demised Premises or upon any parking lot or other facility or appurtenance used in connection with the Demised Premises, occasioned in whole or in part by any of the following: 20.1.1 An act or omission on the part of the Tenant, or any employee, agent, invitee, or guest, assignee or sub-tenant of the Tenant; 20.1.2 Any misuse, neglect, or unlawful use of the Demised Premises or the building 13 802 in which the Demised Premises is located or any of its facilities by the Tenant, or any employee, agent, invitee, or guest, assignee or sub-tenant or the Tenant, but not to include trespassers upon the Demised Premises; 20.1.3 Any breach, violation, or non-performance of any undertaking of the Tenant under this Agreement; 20.1 .4 Anything growing out of the use or occupancy of the Demised Premises by the Tenant or anyone holding or claiming to hold through or under the Agreement. 20.2 Tenant agrees to pay all damages to the Demised Premises or other facilities used in connection therewith, caused by the Tenant or any employee, guest, or invitee of the Tenant. 21. Signs and Advertising. Without the prior written consent of the City, at the City's sole 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. 22. Damage to the Demised Premises and/or Restaurant at 816 Commerce Street. 22.1 If the Demised Premises and/or restaurant at 816 Commerce Street shall be damaged by the elements or other casualty not due to Tenant's negligence, or by fire, but are not thereby rendered untenantable, as determined by the City, in whole or in part (hereinafter referred to as "such occurrence"), Tenant shall as soon as possible after such occurrence, utilize its insurance proceeds to cause such damage to be repaired and the rent for the Demised Premises shall not be abated. If by reason of such occurrence, the Demised Premises and/or restaurant at 816 Commerce Street shall be rendered untenantable, as determined by the City, only in part, Tenant shall as soon as possible utilize its insurance proceeds to cause the damage to be repaired, and the rent for the Demised Premises shall be abated proportionately as to the portion of the Demised Premises rendered untenantable; provided however, if either the Demised Premises and/or restaurant at 816 Commerce Street are by reason of such occurrence, rendered more than 50% but less than 100% untenantable, as determined by the City, Tenant shall promptly obtain a good faith estimate, from a licensed contractor acceptable to the City, of the time required to render the Demised Premises and/or restaurant at 816 Commerce Street tenantable. If such time exceeds sixty (60) days, the City and/or Tenant shall have the option of canceling this Agreement, which option shall be exercised by the requesting party in writing within ten (10) days of the end of the sixty (60) day period, and the Agreement shall be terminated within thirty (30) days from the date thereof. 22.2 If the Demised Premises and/or restaurant at 816 Commerce Street shall be rendered wholly untenantable by reason of such occurrence, Tenant shall utilize its insurance proceeds to cause such damage to be repaired and the rent for the Demised Premises shall be abated in whole; provided, however, that the Tenant shall have the right, to be 14 803 exercised by notice in writing delivered to the City within sixty (60) days from and after said occurrence, to elect not to reconstruct the destroyed Demised Premises and/or restaurant, and in such event, this Agreement and the tenancy hereby created shall cease as of the date of said occurrence, the rent to be adjusted as of such date. If the Demised Premises shall be rendered wholly untenantable, the City and/or Tenant shall have the right, to be exercised by notice in writing, delivered to the other party within thirty (30) days from and after said occurrence, to elect to terminate this Agreement, the rent to be adjusted accordingly. 23. 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. 24. Waiver. 24.1 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 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. 24.2 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. 24.3 The receipt of any sum paid by Tenant 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. 25. Notices. The addresses for all notices required under this Agreement shall be as follows, or at such other address as either party shall be in writing, notify the other: CITY: With copies to: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Asset Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 15 804 TENANT: With copies to: Alpha 22, LLC 816 Commerce Street Miami Beach, Florida 33139 Attn: Symcha Zilberman N.A. All notices shall be hand delivered and a receipt requested, or by certified mail with return receipt requested, and shall be effective upon receipt. 26. 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 and be binding upon the City and Tenant and their respective successors and assigns, except as may be otherwise expressly provided in this Agreement. 27. Provisions Severable. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 28. Captions. The captions contained herein are for the convenience and reference only and shall not be deemed a part of this Agreement or construed as in any manner limiting or amplifying the terms and provisions of this Agreement to which they relate. 29. Number and Gender. Whenever used herein, the singular number shall include the plural and the plural shall include the singular, and the use of one gender shall include all genders. 30. Governing Law. This Agreement shall be governed by and construed in accordance with the law of the State of Florida. 31. Limitation of Liabilitv. The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of Ten Thousand ($10,000.00) Dollars and no/1 00. Tenant hereby expresses its willingness to enter into this Agreement with the Tenant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of Ten Thousand ($10,000.00) Dollars. Accordingly, and notwithstanding any other term or condition of this Agreement, Tenant hereby agrees that the City shall not be liable to Tenant for damage in an amount in excess of Ten Thousand {$1 0,000.00) Dollars 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. 16 805 Nothing contained in this Section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28. 32. 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, 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, subject, however, to the subsequent provisions of this Article. Any property which pursuant to the provisions of this Section is removable by Tenant on or at the Demised Premises upon the termination of this Agreement and is not so removed may, at the option of the City, be deemed abandoned by the Tenant, and either may be retained by the City as its property or may be removed and disposed of at the sole cost of the Tenant in such manner as the City may see fit. If the Demised Premises and personal property, if any, be not surrendered at the end of the tenn as provided in this Section, the Tenant shall make good the City all damages which the City shall suffer by reason thereof, and shall indemnify and hold harmless the City against all claims made by any succeeding tenant or purchaser, so far as such delay is occasioned by the failure of the Tenant to surrender the Demised Premises as and when herein required. 33. Time is of the Essence. Time is of the essence in every particular and particularly where the obligation to pay money is involved. 34. Venue. 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. CITY AND TENANT HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT THE CITY AND TENANT MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT. 17 806 IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by the respective duly authorized officers and the respective corporate seals to be affixed this __ day of --------' 2013. ATTEST: CITY: CITY OF MIAMI BEACH, FLORIDA BY: Matti Herrera Bower, MAYOR (Print Name) Dated: _________ _ (Print Name) Rafael Granado, CITY CLERK (Print Name) Dated:----------- (Print Name) ATTEST: TENANT: ALPHA 22, LLC. BY: (Print Name) (Print Name/Position) (Print Name) (Print Name!Position) Dated: ----------- f:\SAII\RHCD'Asset\22 Washington Ave\Aipha 22 Lease.doc 18 807 -------- EXHIBIT A Description of Demised Premises A portion of Lots 1 and 2, Block 51, Ocean Beach Addition No. 3, according to the plat thereof, recorded in Plat Book 2, at page 81, of the Public Records of Dade County, Florida, being more particularly described as follows: Bounded on the North by the South RlW line of Commerce St.; Bounded on the West by the East line of Lot 2; Bounded on the South by the North R1W line of Biscayne Court; Bounded on the East by a line that is a perpendicular distance of 100 feet westerly and parallel to the East R1W line of Washington Avenue. ~~ .. qfl! ,,., M; ,3t!!l ..j ,,q N~ .,j N~ .f:]Jdl(b_ • ~u .. .. ~ a ,~ , COMME-RCC' a:.,t+! pr lf;;~:r;"'~"":':~Mr.;r:!!:T"-:o;:]~r-711r:':T'i-PliJ c:, ______________ _ 4111' 1 ZIJ1.S4 19 808 EXHIBIT B Additional Requirements The Demised Premises shall be maintained in a clean, neat and orderly appearance at all times by the Tenant. The area of the sidewalk, curb and gutter immediately adjacent to the Demised Premises 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 Tenant 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 all 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. Tenant must obtain approvals from the Planning Department and the City Administration in the design and layout of the outdoor cafe pavers, tables, chairs and umbrellas. Only the outdoor cafe furniture specifically shown on the approved site plan shall be allowed in the Demised 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 Demised Premises; f. At close of business, all tables, chairs and any other outdoor furniture shall be removed from the Demised Premises 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, bussing stations or other similar restaurant equipment shall be allowed in the Demised Area, or in any other portion of the public right-of-way, or outside the structural confines ofthe building in which the restaurant is located, during non- business hours; h. There shall be no live entertainment or speakers placed in the Demised Area; i. Only one menu board shall be permitted to be displayed on the Demised Premises, the location of which shall be set back next to the main entrance door of the enclosed area of the restaurant; j. No food preparation, food storage, refrigeration apparatus or equipment, or fire apparatus or equipment, shall be allowed on the Demised Premises; k. No food displays shall be permitted on Demised Premises. 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; 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; 20 809 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 Demised Premises 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 Tenant shall, within no more than four hours of same, remove and place indoors all tables, chairs and any other outdoor furniture located on the Demised Premises. 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 Demised Premises that has otherwise not been removed by the Tenant pursuant to this subsection. Any and all costs incurred by the City for removal, relocation and/or storage of Tenant's furniture shall be the responsibility of the Tenant. (THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK) 21 810 00 ~ ~ >I MIAMI HERALD I MiamiHerald,eom MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NE: THURSDAY, OCTOBER 3. 2013 I 19NE NOTICE" IS HEREBY given that public hearmgs will be he:td by the Mayor and City Commission of the Crty ot Miami Seach, Fbfida, in !he Commission Chambers, 3rd Floor, City Hall, 1700 Corw·entlon Center Drive, Miami Beacll, Florida, on WednosdPY. October 16.2013 to consider the following: 10:1Da.m ARmll~mA(:f:tp~ The A~~ 01 The ctty~ Finn;e.Ar1o;l Qtwwlde Pruj«.:tsCommi$elon CM1R'Imee I,C'M'C').~m:IAL.Ctu1z~ The M;ryu kid City CIM: To E:Q!~u1eA.New leas-e ii'Qreennt !Mwetn Tht Cll)' And lfllpha n.LLC ('"lenan11~ Tile Qty, Fu AT•m 01 9'Vn-~And 3&1 [)ay!l.. kweMngU. US.e 01 "2,21 5 &luare fDilt 0! Clly-~d ~ Property, Located AI: lt2\'la:ltinglooAvt"llUIII,,Mjacenl To Ellstlng ~ Spaeelotate.:l N. Bl61Am.merce Stne1, ~.ami: Beach, Flaida 33139 f-.pat:~}. To 8el.JNd As DI.M:>Or CJN, o:n,;llfent WIUI The L~ 01 The .l.djno~ Fl!iCa!Xant ~ Furth9 Wi!Yii)Q, BrA 5fllh Vot.ll, Th~ Compebtive Bidding R-.ulrlmen~ Flndll'l~;~ Sl.ICh WaNer TG 811111 Tha Be:stlnler~"St m Th• Pl.lblk:. 10:30a.m. AA [)rd;lill)l;8' Amendng TM Code fJITM City Of Miami (m(-1'16yA,I'n;t'd.l"'l,, Chap1• 52, Enlill!d "HurnM Aelarlrm," Br' Amt-Ming J/tld! •• EI1JI!.Q -~~m~· 8'1' ,Amending Dl'obion 3, Enlttltd ~9Jia'tl0,._," l3y Mllf'lli S~. 02-92 To R.~-e Thi!l F'Mttng 01' NOUr::h 11'1 fvm pt~ 01 Emploljm•nt NJhc .faomroodatlorl, ~ Aecomrnodalkifl, And C11'1 Fidrty Thai !=ails Sutljl!itt To The tlt.JIIWII1 Rl~ Ordl.na"~C•Indicating The ~ICIIbl.e ~ ~ otlhll Human~ Or~rwu. Tt. Place-.,_.. ComplairD May Be Ried,.Anli Slrll Olher lnformiDOn /e The City Of MlamllkrlDeeiM PllrMent; f>rtMOing Fa ~em Pm:ll!dixesAnd Prowldmg For Swerablllty, Codficallon i\OOAn Eff~w11 Dille 11:10a.m. ?alm View liob-1 L¥8 All Drl:llnar'lct .A.rr'Mindlng The Land Orwloprnent t\1\J.IIalioos Of The ctty Cuhl. By Amendllg Chapter 142, "lcAng Dtsbldi And Rrlgulaboos." ktidell. •mstrlr:t Re!i'JI&tkn.," Orwi!IDfl 3, "'A.e~~Otnbil MIJIJI.amlly DIWld:l.," S.Uuliwlsloo N. "RM-2 Residential Yultitamdy. MtdioUflllnten=ii1y." To Umll: ~s M HerlllnHfl:er PrtMded ion The PalmVkwrl Catr~f(IThOU hbDnQM Of Mq' :i!6, 2013,0enlllnglh9 PillmMIM' Coo-iOOI'M,-,1 P'r~ee~u111nglhc!Wes~S!Oe Df~An.rmo Be'twellfl17U1StrettMd COIIIntCM'Ial; I:Ji!4l:hi~Thi Fl'llbiJfEmbn;Hotelskil~pj Conb'mjl'lg~To Elldude r.Mdocr Entfl1aklmd£$bttlittlmanl!iln:l OWXo E!Urta'l'lmertl from Permitted Hotel /Jaea.'W'j IJ!IeB;: To.Md Hotels .As A Pr0hlbil11d Use Within The Bwllhries Of The Palm \Mw r..orrldnr OfTM fiM-2 District; Ac~nowleodglnt Statll Pre-Empbm ot Slwtierm hental ~allons; PrOYidlng, Rules Fol CesabCJnAnd fmurnp'!!M Of Hrrt.aii.J56 11:2D.a.m. ~st.A\Ieool!l Hotlll Utiee An Orcirw.::t ~nt;ing The land Dt!Yeklptnenl: R.etu~lltlom {)j The City Code, By Amending Clllpter 142, "ZOOII"Q DR:lrlcto Ar.d AeglAailons, • .Af'nde II, "Distrkt Rr~atlms," Divtskln 3, "Rni~Bii:i~ Wifmllty Districts,"" s..MI'i!lon IW', ~M-2 Resldln'tlal Muliifamliy, lllrdUn lmll!lity"; AM By Am8'11i11"1!:1 SObdMston Y, "RM·3 R.es~ckmbal ~lill-<~riy, High lnt'!'llSity," To llmrl Hol'l'ls AI. H-er~1 PnN•ded In TheWesl A~tmo.~e ~ b lOOse Emtii"IQ M 01 Miay 28, 2'013, Dernno Tne-Wesi:Avtfl\J'i! ComOOr ofl5 Tha1"N Bordeteo:l By CoiUm Can;~ To;llli= HOf1h.AimP.oad To-The East, ~ne 8iw Tu The W•lithld llh Stnel Tu The South; Deflr*lg The RIQ1'1ts or E:~~~&bn;lt:Jte.tk Legal C«ltormiJ'Ig.LisM, To hct~! Ol.rtdOor l111trWnme:nt E$tallhllmems And fJU11b!:f El'lkrtainmer;t from Pll:rPII~.;I Hoell Ac.c~ thin. To Add .Holels~A Prohlbll~~:d UuWm.Jn TM 6<u'POatlti ~The Wn1 Avolft'IR C«Jitkll' Of11'111: RM-2.1M FLM-3 D~ti; fdJVWtedQiJQ Stlilll' PTe·EmpliooOf st\:JrtTerm hental AegLJiatloos; Providing R[jes Frr GI'IIBa'tlMArld R111J1Jmp~on ~Hotel UIMI. 11;30a.m. RM·3~~Signage An t.dl!Witll'.AA'lendq TI111land [le>.le:lopmMt A.ef-llatb"ts Of The Code Oi Tht Crt',! or 1111.ani &iach, By Aroencirlg Cha.pter 138, fnlft!M ·S!~m. • ~ Amei'I1Y.QArbde l. Entitled .. In Genll'ral," By~rdng Sl't'linn 13B-8 To Mocl'ly lht .la:ChS:Ir'W L1s11 S&g1 R.ec,.lr!menis f« rke-..rm.-.1 Bl..lldlrqJ; By Amtnc!ingArtlcle 'V, fnl;ilf!d "Sign fl.egu!atlons Etj D1sfnct .. B1 Amemlng s.cti~nl!a-171 Tc Lbdltylhe Reqt.iremeds ror~-Meb AndA,parllftl'n1 &iildiflliSWIIhln The P.M-:! District Md ByA.merding Seclilln I"JB-172 lo Modil)' Tha Re~CJ!~remlli'lts Few-11:Jt-d!i Jlnd~ent 8Lildin"s W1thn I he RM--3 DIW"iet 11:40 a.m. Ar iJrdrnence Jl.il~tnding Cl1apler ~OG Of Th-e M.aml Ae~ch Cll)l CM~. fttlltl"'d "Slfstarilabibty.-9y Amt-ndinoArllcl~ II ~rnitled 'Fn~mo tcoMmk D~v~l<'lpmenl10(1~ Pdol Prog~""am" To lnt-iudf MC.mJ-D~de CA1'11'0 Grol!!l'1 a~n~s (Artll'lca~oo As AAAddili()[lal E~g1b~ity Qilerin In :f>ar'tlrlpt~!e 'In The [r,erllf Econoo~~c Development !Me Pilot P•ogr&lll ProodmQ l-or S.~nrablllt)l, Cod-ifll:<llil.lll.-~epealet. And M fffr.c.tiv~ Date 11:50a.m. All Ordmanc:o!r M'J.endinQlh(l COO. Of n1.e City rM Mia.O "B~h. ~ AmftMr'IQ Chapter 54, Ena~e-d "floods:," By Arnt~tdng Mide II, Fn1111rri •Fb-Jdpi!!Jn MSN~~Jemeilt, • By J\m(lndlng DM!oion ~,Entin ad "-Gen~rafv," By ,l.mendl~ S8Cilon ~-J$.fnl1'1lt:cl ~l)llf1r)ttJooe• .By ~ndirQ,I.nd fk:le'llog. Ce~Uoln Oafinitions Tntr'lllr;, 9y A~lnU DiYisloo "2, Fllil~ed "Genll:ral P'rowls11H.," B-~ Amondin.g Seciion54.-38, EndUed ~Dasignalloo 01 flood~J.ainAdmlrlstratof"lo Deslw.aft~ nut Buildlna Dfftc.IW, lns1Md Oflbe BL.ttdlng Dir9t1Dr, As TIM-H!XldfHaiJ Admlrlmtrutor; B~ Am11ndjng Division 3, Emtltd "A.dmiAIS'I!IatiM," By Amendl~ Section 54·-45, £niitl~d "Pe~rntProcecUe:~· An:l Secti:Jn 54-.tfi, Enililsd •[JIJ!J.uAnd R~tJ.IIIlles or The B&tildlng mrK'fnf Or Df91JIIl'e" To Change-AI9lllldln~ Dlfectof Pie1er•oc•lllrrlifl T-o Tho Floodplain Admlnlstr.atoc: A.memtng 0Msioo4. Entilltd .. PrOYISIIOillil Fu! Flood Hazard RedldiYI"; By Amending Section 5-1-47' Enb"ed MGenrrW :Standa ... Section 54-48, Enbtled "Specir~e Slalda'ds," ..8iJd SKIOI\ 54-49, EnUUed "Spetlfic Standards for A-11K1e5 WiUIDl11. Base Aood fle'f'S:'t'I(I(IS Md :f'tegliiDiry Floodways" To Modi~ Certain flood H;uard R.edoctian Pti'!¥19100$; Or [J.el'!'t11'1!;1 The PrOWisbts In SICboo S4-50.Enl!tled "Sbndards Ft~r A·O ZooO!!ll"; Ow Am~ndlnQ DMsion S. EnGUid "Variafl:e f'rl'ICedlru.,-To UlarigeAJl Building !)recta R.eferen:es ltW!rtLn lo 'rile Roodj:)j.ainA£1111Nsb.ator, Prarricilng tbn·SubrilanlNe, Cleoc.al ReWis.IMs Tncct.I!JhOUI Anlelt tl 01' Cl\\p~r ~. 12:00JLm. OrlinilllCt.Amllndlng Miami Beoch Cll'}' COde Chapter 62, Enti11011d "1\rblt: Prope~,"' By Amendlfl'Ol.Artidll ~ ThttroiiO!' Ell'NtltJ.d "Usesl11 F'tlblic Rlght-Of-Wiily," 8}' Amending S8Ctil!f1 82-383, EntlU!d "'P8rmlt Rle; Pe:MI'Je$ Ftx lide P.qm~nb; Ani~ or F"," By Am~ndng $1j)&~I'JO tAr)ftl!j;j'lll)l TC!Abftt~ S~llrlk 1::-ldlio h•• Ftlr BIISWSSH North Of 6:3rd ~IJII!ot Thn~..l~kod lnckldlng September :3U, 2015And fl.eqUrfngA ii>JdgottAnai}/Sis And RBVII!W By Th!r Glly Admlr\lstl'Bt!Ot1 By SlptE-mber 1:5, 2015. 12:10p.m. fn And NM Salil)l OrOOance At1 Oramanu Am*ndlng {lfdlrB~a No. 7B!l,ThD OUBII111d Employee:~o Salary Drdlnan:e otT he cttv Of MlamiBGat:h, flDfida,M. Follcws· riAttllrdl'll'lee Witt'! Th! Ntgobolllled CC.ect!Ve Barg&linln.gi.grllll'mollnt!l, Pro.idr.g Frv-lhlll';la!IIMr:albna lr; Grolfl II, Ae:pr~:illnted Bylhl ftahrnal Older Of PrJice M'Mllam Nlrtd9lodoe No 8.,And ForThlt Classlflcati-on111n Gr0141 Ill, RoptiiS!nled By Tha i'nl~matmal Aooodatlon or Are AoQhtm, (IAFF), l-cx:aJ 1510: Hfd~• The Rrlil Poly Psrllld Ending In Cctober Of 2014, Theu ShaJj Be AnkrOil The !koatd Cost·Dr-U~InliiAdJuslment (COLA) or lhr~e Pl!rc:ent 13,_),/wld The M1111mum hld Mulmt.~m Of Each Piy Rang~Wiii~5D Blllf':lraased By Ttne Ptrcem ('3%); Eftecll~l!l April, 201:5, AI.Jdii'Qhr Additlooal Sb!.p 11) lo The Q~flcatiom Of Polk:t Ol'hcer, Strgeanl 01 Pollc1, Lhoulenarrt OfPd~e• W A(efldJte( I, Reopeall.ng A.11 r.:fdlnancn In Conmct. 12:2Dp.m. IJnd.assl1iMSallf"10rdlr\ance An Ct~e Am•ndi~ Ordnanc~ No. 1&05< The Unc:IIISillted .Empi01"M SiJ;aoo Ofdorlilln, .aooliltl.ifl!J Paw Grade I Al'ld Pay Gr~• 2, .lbol1'!1h1ng The CluslfiWII:il}fls Of; GMmll SerW;;es Dt~. T~IIOn 11M ~rret'l('1lllar'la!lti, N.tutt~ s.rv!Q!~ ~~~. Communlf'1/ECLJnoOmk {J.w!lopmQ Plrt-C'IQ', ~Anilha Tcuhlm D~~Yebpment [)Ired«, ffOClJfB~n~trrl (Jjltlg!Ol1 {)jf~. ln!or.rnttl011 T~~y 01".-iAI(lh Difo;(:Wf', Cal!! Coolpllaoce Dtv!stoo Dtt~,As81atartt Djr~tof Procuramont DlvEsioo,S.rvlal Delivery Ltanog!r, ~eAMrdnt~ lAnd ftub.l~lnkmnadoo otl!cer; Edabllllillfl!ll.he ClaB!IIIk:!!'llon! 01 T.ourlsm, Cullu'ai.A1t.alrs.And Err.nlm1c Olwo!!lc,:liMi« Director, Oepl.lly Buildiilll DW-&dor, Pracurement Dlrectof, ln1llfma11Mio~~thnolo~ Oire-c1or,Asatst.n Dirt! ct.. Hoo1an Reooun;&S, tluuslnvAnd r.ommurl1y rtm!lopm~nt 0jroKiof,lntras:rucue tJiyiBk:n Orredur, ~t.rt City Engl1111er.Aoobtart Director Procuermr«, BUilding Operab01a lllanrlliJIIr, lnv•5tlogub-S~Wiisor, Community Servic-es Qor'l'lslm Ov!dof, AdnlnistraWB s.rvK=e! hhloiFr, Publk: Safety Sp~ Profect3 CooJanator, f'r~ M.¥ntei'JWW;.ropeflil'lM15 Supe1IIM"ldenl, Dhdor OI'Jhlo Ot1\or Of Comn'llll'ka~. Lrang SI)KiiiiiG.t PW:k: ~•If Mllni~m~e'l ~~. ~f'l'll!lllCot Arid St-~i\0~ O'ITI<:II: ~(C11JAflgrrwy),V~Com~~:Spec~ftt.~mtuoojlj;d~.A~~~Putllk-&.allliyf'¥-aiAcimtnl*IW,S!I'II6rGISAI'Wy'St,Andfi«<Od:ISL.peMSOr;RallilyiOglhiP'arGr~~Forllw.As!llstart~rl!ldor'~.;,sststatOir~C'IOrflaBs!otAIG&ta"otDirecllX";Recrubl~: AM E'l'l«tr'lle-lhe First.Ftlf fl.,-P.tod &v:ln'fln-Octobtr 211}4,11'10'11Mhg TlM MlrirnumAndThll Maximum 01 Eadl Pay Grade BrThree PBrEZri ll'!I.);Ar.d Gnrrb~ M .t.emsslhe BoEnl Cos1-01' lh'nJAd)ai.tment Of Up To-Tlr11e Per~D: P") For /llrf Unda99111ed Employn Mme BaseS..,. t)Je$ rtlt ER;;nltTh& Malirnum Of Th~ Pay Flange FoclM Gompar!btt Jab Tille /Is Aecommn:led llyll• 2009 Condrey Cl.l&rtnr.atoo And Compl'nsa'Oon Sb.ldy "Par Scale 8", SWHqu•n11f Amllnded 8v S...eo Percent (7%) lnAIJP 2013, By The Cooiultaft; flfPU[IIngAII OnirJaifl(;llllln Codlicl. (Due to The Miami Harald'& daadr.,e, if U11s ilom is d.., led, .. bled, or wiU1drawn dunng lintroadlng on Sep.,mbor 30, 2013, it willappeor In !Ills advertise...,L) 12:29p.m. O!hflrn Salary Ortlrww:t /l.n Dldn;n;e Am~lldrig Ofdlnarlr.e No. 789, The Uus11ed lm~eu Silif1 Or~ Dr Tf>~~ .Ci~ Df MIWII• Bftd;, FICJf'Ldito, AA foi~D!n; Pro'll~llll fl'll Tht Cli~S!itncB~ 10 Giu.fJ ~. '*" Aepusanted By A CollecttJ.e BargaJnlng ~And Gem~ &'felTed Jo AI "Dhn"; AmerDng All 01 The Pay Glades B~ .iilojfflhint Ply (irado! 1; Es1M:tl1~ng Tht C~lf1c!l.tlon!l Of Are lnsp«tor I .And 5e:~ lle:ceatkln.AiM; W Ette:ctl~e 1M f=irrt Full Pa:r-Period Endlnu 111 October i014, IIICfMslll!J Thll M19mum. MdTht Mutmum otEa::fl Pqo Grade, Bylhfe1 P.1cent (3%);And G~Witlng ArtAa'ass Tht Board Cost 0~ L1¥1ng Aili~A1menl Of lJp TIJ Thre-e P~rt:eld (l'l.) For J.rtr "O!tlers" Emplo~&e Whose BaM Salary Ooes -Not En:e~d The Maximum C'Jt'Tha Pay Fuulge For Tha Comparable Job Tille As f\~wmm1ndl!d BJThll 2-009 Coodrey Cla!lGific.atloo And Compensa1Jon Sludy "Pa~ Scm• U" And SubuqUeriiJ M1•11d~d By Seven Plilrr:~l'lll'%.11"1 AIIQUBI20-13 By lti$ C»n~llt; Re!lo!!~~og All O.dlnarw;n In Codlicl (Due to The Miami Herald's deadline, if this I IBm ~ danieli, tabiM, or withO!llwn dwing firtt reading on september 30, 201-J, it will appear l..a lhi& addftisem«tL) IN/ERfSlEO PARTIES are inviiM 10 appear a.llhis meetlng, oc be repres:eflted by an agent, or to B!O:prBSS thel' views In W'fitllg addressed to the City Commission, r:io ttle City Oe!X, 1700 Convenlijon CEtnter Drive, 1st Rlof, Ciy Hall, Mlam·l Beach, FlorMla. 33139. Copi8t a! these items are available fiX public inspecti:Jo during normal business ttours •n ttle cny Clerk's OOice, 1700 c:ooventioo Center Orlve-, 1st floor, City Hall. M1am1 Beach, Aorida 33139. This: meeliug, or any jtem herein, may t>e cootmued. and under sudl ctrcumslances addiliooallegal notice wiD not be proyiclfd. Ralael E Granado, CITy Clerk CltyofM~m' Bellon Purs:LJ:aol to SectiOn 2e6m 05. Fla. Stat., llle C:lty hereby a-dvises Uw put.lic that: .rf a peffilln decides to appeal any deciSIOn malle by the Crty comm1s:;:OO Wilh f!l'S-Ptc..1lo .a-nv ma.ttor consl<lered a• Its me-eting or its hearing, such (larson musl e11sure-thai a 11ertmlim H'DJrd ol the proceed1ngs ts matle, whiCh record mludes tile testimony and evidence upoo 'MliCh the apopttalts to De based. This: notice does not cooslitute conser.t t»y the City for tile 1t1troduc::IK11 or allmiSs~ of oti'IBrwlise inadmissible 0! irele\"ant c.-ide nee-. riC)( does it authorize chal~nges or appeals not l)[herwise allowed by law. To raquest this material in accessible formal, sign ~ar.guage lnlerprelers, in1orrnatlon on access for persons w1th disabilities .andJOJ ar~v accommodaticn to re\'lew any dOcument or pal'1icipate in .any Clly-sponsoreo pmceedm~t pleas~ contac1 us fir,re days In adVance at (305) ()73-7411 ('oiCe) or TTY users may also call1he Fbrlda Relay SeiVice a1 711. Ad 11844 RESOLUTION TO BE SUBMITTED 812 ----------------------- THIS PAGE INTENTIONALLY LEFT BLANK 813 COMMISSION ITEM SUMMARY Condensed Title: Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee To Execute An Amendment To The Lease Between The City And Massage Partners, Inc., Located At 1701 Meridian Avenue, Unit 2 (a/kla 767 17'h Street), Concerning: 1) The Additional Use Of The Leased Premises As A Nail Salon; 2) The Non-Exclusive, Revocable Use Of The Common Area Restrooms Located On The 2nd Floor Of The 1701 Meridian Avenue Office Building For Tenant's Nail Salon Customers; And 3) The Rental Rate To Be Paid By Tenant For The Use Of Said Restrooms. 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 September 15, 2010, the Mayor and City Commission passed Resolution No. 2010-27488, approving a Lease Agreement between the City of Miami Beach ("City") and Massage Partners, Inc. ("Tenant") for the use of approximately 1802.89 square feet of City-owned property, located at 1701 Meridian Avenue, Unit 2 (a/kla 767 17th Street), Miami Beach, Florida ("Leased Premises"); said lease having a term of nine (9) years and 364 days, commencing on December 2, 2010, and ending on November 30, 2020. Pursuant to the Lease, the Leased Premises shall be used by Tenant solely for the purpose(s) of providing therapeutic massage services, facials, and any other products or services authorized pursuant to Tenant's Franchise Agreement with Massage Envy Franchising, LLC ("Franchisor"). The Tenant has requested permission 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. Due to requirements of the Franchisor and the City, the Tenant further requested approval to use of the common area restrooms located on the 2nd Floor of the 1701 Meridian Avenue office building ("Common Area Restrooms") for its nail salon customers. At its September 19, 2013 meeting, the Finance and Citywide Projects Committee recommended in favor of allowing the additional use as a nail salon. Additionally, the Committee was willing to allow the non-exclusive, revocable use of the Common Area Restrooms, subject to Tenant escorting patrons to the Common Area Restrooms during times when the 1701 Meridian office building is not open to the public. The Committee recommended the Common Area Restrooms, containing approximately 248 square feet, should be subject to the $6.00 PSF common area maintenance charge which the office tenant's currently pay; in the amount of $1,488 per year (248 sf x $6.00), payable in monthly installments of $124. Financial Information: Source of Amount Funds: 1 n/a Financial Impact Summary: Ci Clerk's Office Le islative Trackin Max Sklar, ext. 6116 Assistant Ci KGB T:\AGENDA\2013\0ctober 16\Massage Partners \Massage Partners SUMM (1 0-16-13).docx MIAMI BEACH 814 Account AGENDA ITEM _R---:'l_B-=-- DATE ID-(b-13 (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miomibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM October 16, 2013 A RESOLUTION OF THE MA R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE PERTAINING TO AN AMENDMENT TO THE LEASE BY AND BETWEEN THE CITY OF MIAMI BEACH ("CITY") AND MASSAGE PARTNERS, INC. ("TENANT") DATED SEPTEMBER 15, 2010, FOR THE PREMISES LOCATED AT 1701 MERIDIAN AVENUE, UNIT 2 (A/KIA 767 17TH STREET), MIAMI BEACH, FLORIDA; AND FURTHER APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT TO THE LEASE CONCERNING: 1) THE ADDITIONAL USE OF THE LEASED PREMISES AS A NAIL SALON; 2) THE NON-EXCLUSIVE, REVOCABLE USE OF THE COMMON AREA RESTROOMS LOCATED ON THE SECOND FLOOR OF THE 1701 MERIDIAN AVENUE OFFICE BUILDING FOR TENANT'S NAIL SALON CUSTOMERS; AND 3) THE RENTAL RATE TO BE PAID BY TENANT FOR THE USE OF SAID COMMON AREA RESTROOMS ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND On September 15, 2010, the Mayor and City Commission passed Resolution No. 2010-27488, approving a Lease Agreement between the City of Miami Beach ("City") and Massage Partners, Inc. ("Tenant") for the use of approximately 1802.89 square feet of City-owned property, located at 1701 Meridian Avenue, Unit 2 (a/kla 767 1 yth Street), Miami Beach, Florida ("Leased Premises"); said Lease having a term of nine (9) years and 364 days, commencing on December 2, 2010, and ending on November 30, 2020. As stated in Section 7 of the Lease Agreement, the Leased Premises shall be used by the Tenant only for the purpose(s) of providing therapeutic massage services, facials, and any other products or services authorized pursuant to Tenant's Franchise Agreement with Massage Envy Franchising, LLC ("Franchisor"). Any additional uses shall be subject to the prior written approval of the City Manager, in his sole and reasonable discretion. Furthermore, pursuant to Subsection 8.C.2 of Tenant's Franchise Agreement, the Tenant shall not offer, sell, give away or otherwise provide any services or products not authorized by the Franchisor. The Tenant has requested permission from the City to expand the use of the Leased Premises 815 Commission Memorandum Massage Partners, Inc. -Retail Lease Amendment October 16, 2013 Page 2of5 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 restrooms 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 separate restroom is also required by the City in order for the Proposed Nail Salon Space to obtain the applicable business licenses. The Finance and Citywide Projects Committee (FCWPC) 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 in regards to Tenant's initial buildout of the Leased Premises. The Committee also asked staff to determine a proportionate share for use of the common area restrooms located on the 2nd Floor of the 1701 Meridian Avenue office building ("Common Area Restrooms") and to determine the appropriate CAM fees to be charged and bring it back to the Finance and Citywide Committee with the methodology used to calculate the fees. The request was brought back to the FCWPC on July 25, 2013. After discussing the matter, Mayor Matti Bower expressed concern regarding the City's liability if there is access into a City building when not occupied on the weekends. Commissioner Jorge Exposito suggested that Massage Partners try to get a waiver from the Franchisor in order to use its restrooms. Chairperson Deede Weithorn recommended Massage Partners work with their next door neighbors, the Permit Doctor, to use their restrooms, and provide evidence to the City via an affidavit. The Committee asked for direction from the Building Department to determine if the use of the Common Area Restrooms is permitted under the Building Code. The Committee also asked if the Building Code allows for Massage Partners to use the Permit Doctor's restrooms via an agreement between the tenants. The request was brought back to the FCWPC on September 19, 2013. The Committee was in favor of allowing the additional use as a nail salon. Additionally, the Committee was willing to allow the non-exclusive, revocable use of the Common Area Restrooms, subject to Tenant escorting patrons to the Common Area Restrooms during times when the 1701 Meridian office building is not open to the public. The Committee discussed the fees to be charged for the use of the Common Area Restrooms and agreed upon $6.00 per square foot, for the 248 square feet of restroom area, in the amount of $124 per month. The attached DRAFT Amendment to the Lease, attached hereto and marked "Attachment 1", is subject to Legal and Regulatory approvals as well as final approval by the Tenant. ANALYSIS The Tenant has requested to expand its product/service line to include a nail salon, which is a natural extension of the current services provided. As previously stated, Section 7 of the Lease Agreement specifically states the Leased Premises shall be used by the Tenant only for the purpose(s) of providing therapeutic massage services, facials, and any other products or services authorized pursuant to Tenant's Franchise Agreement with Massage Envy Franchising, LLC ("the Franchisor"). Any additional uses shall be subject to the prior written approval of the City Manager, in his sole and reasonable discretion. The Administration is agreeable to allowing an additional use of the Leased Premises as a nail salon, subject to written approval by the City 816 Commission Memorandum Massage Partners, Inc. -Retail Lease Amendment October 16, 2013 Page 3of5 Manager. The use of the Common Area Restrooms is also required in order to comply with both the Franchisor's stipulations and the requirements of the City. The Administration is also agreeable to providing the Tenant the non-exclusive, revocable use of the Common Area Restrooms, subject to the Tenant complying with any additional insurance requirements and/or regulatory requirements. Calculation of Rent: Tenant currently pays a base rental rate of $27.60 per square foot for the Leased Premises, plus operating expenses at $4.00 per square foot, and also escrows funds for real estate taxes at the current rate of $7.78 per square foot, and insurance costs at a rate of .90 per square foot. Per Subsection 3.2.1 of the Lease Agreement, "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 Leased Premises}, lighting, cleaning, striping, policing, removing garbage and other refuse and trash, removing ice and snow, repairing and maintaining sprinkler systems, water pipes, air-conditioning systems, temperature control systems, and security systems, fire alarm repair and maintenance and other equipment in the common areas and the exterior and structural portions of the Building, paving and repairing, patching and maintaining the parking areas and walkways, and cleaning adjacent areas, management fees and the City's employment expenses to employees furnishing and rendering any services to the common areas, together with an additional administration charge equal to fifteen percent (15%) of all other expenses included in the annual common area expenses, provided by the City for the common or joint use and/or benefit of the occupants of the Building, their employees, agents, servants, customers and other invitees. Based on this definition, the Administration believes the Tenant already pays for the common bathroom and its water and sewer expenses. However, the FCWPC requested the Administration provide a methodology for calculating additional fees for use of the 2nd floor restroom at its November 9, 2012 meeting. Currently, the retail tenants at the 1701 Meridian Avenue building pay $4.00 PSF for operating expenses and the office tenants pay $6.00 PSF. The difference is due to certain expenses which are not passed through to the retail tenants, such as electricity since the retail tenants are separately metered. The additional rent for use of the Common Area Restrooms 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. Outstanding Liens: The Tenant performed extensive renovations to the space, and in consideration of the Tenant's improvements, the City delayed rent commencement for one year after Lease commencement. The Tenant improvements were conducted by Tenant's contractors, one of whom filed two Claims of Lien against the leasehold interest in August 2012. The contractor claimed he was owed $66,300.67 by the Tenant. The City placed the Tenant on notice of default. The Tenant in turn filed a Contest of Lien. The City, pursuant to Section 15 of the Lease Agreement, 817 Commission Memorandum Massage Partners, Inc. -Retail Lease Amendment October 16, 2013 Page 4 of5 requested the Tenant provide the City with security in the amount of $99,451.00 immediately in connection with the Claim of Lien. On October 31, 2012, the contractor informed the Administration that negotiations were ongoing with Massage Partners and that the Tenant had offered to pay $40,000 of the $$66,300.67. One June 26, 2013, the City received two Releases and Satisfaction of Recorded Claims of Lien (attached hereto and marked "Attachment 2"). The City Attorney's office has determined said Releases are acceptable to the City. Pending Lawsuit: Tenant is sueing the adjacent tenant to the west of the Leased Premises, South Florida Salon Group, Inc. ("SFSG") for specific damages relating to the rights to approximately 160 square feet of space which are part of SFSG's lease with the City. The City was named as a party in the initial Complaint. The City Attorney's office required that any allegations as to the City be removed from the lawsuit. The City has since been removed and is no longer a party in the lawsuit. The City Attorney's office has determined the revised Complaint (attached hereto and marked "Attachment 3") is devoid of any allegations as to the City. Use of Permit Doctor's Restrooms: The Building Department will not allow Massage Partners to use an adjacent business' restroom (Permit Doctor), even if the adjacent business agrees to such arrangement and provides an affidavit. Use of Common Area Restrooms on Second Floor: The Building Department was not inclined to allow the use of the common area bathrooms of the office building since they could not be accessed through internal, common space. However, because the Chief Plumbing Inspector had already approved the use of the common area restrooms the Building Official has said he will allow it. The entrance to the office building is open/unlocked Monday -Friday 7:00 AM to 7:00 PM and is closed on the weekends. The only persons with access to the building outside of these hours are City employees with City-issued identification/access cards. The Tenant has said they will only be open during Massage Envy hours which are Monday-Friday 8:00AM to 10:00 PM and Saturday/Sunday 9:00AM to 9:00 PM. Massage Partners has said they are willing to escort any patrons of the nail salon to the common area restrooms during times when the 1701 Meridian office building is not open to the public. Massage Partners has also offered to install a security camera in the lobby of the office building. The camera would be connected to, and recorded by, Massage Partners' security equipment in the Premises. The City is named as an additional insured on Tenant's liability insurance CONCLUSION AND RECOMMENDATION From a business and practical standpoint, the Administration, as Landlord, has no objection to the additional use of the Premises as a nail salon. The Adminstration recommends the Mayor and City Commission accept the recommendation of the FCWPC to: 1. Allow the additional use of the Leased Premises as a nail salon 2. Allow the non-exclusive, revocable use of the Common Area Restrooms for the nail salon patrons 3. Charge additional rent for use of the Common Area Restrooms in the amount of 818 Commission Memorandum Massage Partners, Inc. -Retail Lease Amendment October 16, 2013 Page 5of5 $6.00 per square foot, payable in monthly installments of $124. "Attachment 1" -DRAFT Amendment to the Lease "Attachment 2" -Releases and Satisfaction of Recorded Claims of Lien "Attacn;,enM;.r~"-Revised Complaint JLMIKJB!~tt~M v T:\AGENDA\2013\0ctober 16\Massage Partners\Massage Partners MEMO (10-16-13).docx 819 Attachment 1 820 AMENDMENT NO. 1 TO LEASE AGREEMENT This Amendment No. 1 to Lease Agreement is entered into this 16th day of October. 2013 by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, (hereinafter referred to as "City" or "Landlord"); and MASSAGE PARTNERS, INC., a Florida corporation (hereinafter referred to as 'Tenant"). WITNESSETH: WHEREAS, on September 15, 2010, the Mayor and City Commission passed Resolution No. 2010-27488, approving a Lease Agreement between the City and Massage Partners, Inc. for the use of approximately 1802.89 square feet of City-owned property, located at 1701 Meridian Avenue, Unit 2 (a/k/a 767 17th Street), Miami Beach, Florida; said lease having a term of nine (9) years and 364 days, commencing on December 2, 2010, and ending on November 30, 2020; and WHEREAS, on October 16, 2013, the Mayor and City Commission adopted Resolution No. 2013-accepting the recommendation of the Finance and Citywide Projects Committee and approving and authorizing the Mayor and City Clerk to execute an amendment to the Lease Agreement between the City and Massage Partners, Inc., dated September 15, 2010, for the use of approximately 1802.89 square feet of City-owned property, located at 1701 Meridian Avenue, Unit 2 (a/k/a 767 17th Street), Miami Beach, Florida; said amendment consenting to the additional use of the Demised Premises as a nail salon; and NOW THEREFORE, the City and Tenant, for and in consideration of the mutual covenants, agreements and undertakings herein contained, do by these presents mutually covenant and agree to amend the Lease Agreement, as follows: 1. Section 1, entitled "Demised Premises", located on Page 1 of the Lease Agreement, shall be amended so that the following subsection shall be added: 1 .1 Common Area Restrooms. Tenant shall have the non-exclusive, revocable use of the Common Area Restrooms located on the 2nd Floor of the Building, and as more specifically delineated in "Exhibit 1.1 ", attached hereto and incorporated herein, for Tenant's nail salon customers, subject to Tenant escorting any patrons of the nail salon to the Common Area Restrooms during times when the office portion of the Building is not open to the public 2. Section 3, entitled "Rent", located on Pages 1-3 of the Lease Agreement, shall be amended so that the following subsection shall be added: 3.2.4 Maintenance Expenses For Common Area Restrooms: Commencing November 1, 2013, throughout the Term herein, the Maintenance Expenses for the Common Area Restrooms 1 821 shall be One Thousand Four Hundred Eighty Eight and 00/100 Dollars ($1 ,488.00) per year, payable in monthly installments of One Hundred Twenty Four and 00/100 Dollars ($124.00). Tenant agrees and understands that the costs incurred for Maintenance Expenses may increase or decrease and, as such, Tenant's Maintenance Expenses shall increase or decrease accordingly. 3. Section 7, entitled "Use and Possession of Demised Premises", located on Page 5 of the Lease Agreement, shall be amended (deleted items struck through and inserted items underlined) as follows: 7. Use and Possession of Demised Premises. 7.1 The Demised Premises shall be used by the Tenant only for the purpose(s) of providing therapeutic massage services, facials, nail salon services and any other products or services authorized pursuant to Tenant's franchise agreement, dated June 2, 2010, attached hereto as Exhibit 7.1. Any additionally uses shall be subject to the prior written approval of the City Manager, in his sole and reasonable discretion. Said Premises shall be open for operation as follows: Monday -Friday: Saturday & Sunday: 8:00AM to 10:00 PM 9:00AM to 9:00 PM Tenant shall not otherwise modify the days or hours of operation without the prior written appmval of the City Manager. Nothing herein contained shall be construed to authorize hours contrary to the laws governing such operations. 4. Except as otherwise specifically amended herein, all other terms and conditions of the Lease Agreement by and between the Landlord and Tenant shall remain in full force and effect. In the event there is a conflict between the provisions provided herein and the Lease Agreement, the provisions of this Amendment No. 1 to Lease Agreement shall govern. [The remainder of this page has been left intentionally blank] 2 822 IN WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto as of the day and year first written above. Attest: CITY OF MIAMI BEACH, FLORIDA Rafael Granado, CITY CLERK Matti Herrera Bower, MAYOR Witness: MASSAGE PARTNERS, INC. Signature John Krutchik, PRESIDENT Print Name Signature Print Name CORPORATE SEAL (affix seal here) F:\RHCD\$ALL \ECON\$ALL\ASSETI777 -17th Street\Massage Envy\Massage Partners -First Amendment (9-27 -13).doc 3 823 EXHIBIT 1.1 Common Area Restrooms l.t) !:::: z ;:) 1701 Meridian Avenue 2nd Floor 4 824 --~--- Attachment 2 825 r·-···-··-··-................. ________________ ................... -......... ·-···-···-··-............................................. . RELEASE AND SATISFACTION OF REcORDED CLAIM OF LIEN I j 1 1 ! i I i ! 1 l.,,,,, .. , .... ,,,, .... , ... ,, ....... w..ooo ... ._ ............ HH-+OI .. ••I .. f''''',.... .. _____ ..,,..,,, ... ,,,_,,,_,, .. ,,,,,,,,,.,,,, .. ,._,,, .. ,,,,,,,,,,,,,,,,,,,, .. , TBI8 IMI'IRUABIIJ PRBPAR&D 8Y1 ---A. Dlaa.J ... , ........ t G&lDRATIO. VUTUitB8 COBPORA.TIOK :naa 11.w. 28th ... __ ~. P1orllla 33142 (3051 &33-8008 STATE OF FLORIDA ) SS: COUN'IY OF MIAMI-DADE The undersigned (lienor) having ftled a Claim of Lien in the amount of SIXTY·SJX TBOUSAifD, THREE HUKDRED DOLLARS AJm 67/100 C*66,300.67) against the property of IIASSAGE PARTMER&t IlfC. {TeiUUlt) on July 2Sth, 2012 in Official Record Book 28:il02, at Page 4848, in the Office of the Clerk of the Circuit Court of llfami·Dacle County, State of Florida, against real property described as: LBASEBOLD llf1'BRB8T Dr: 1701 IIBitiDIA.If AVUUB, UlOT :3, (A/KA 7fl7 17TH STRBBT), IL\88AGB BIIVY, MU111 BBACB, J'I.ORJDA, A/X/ A "1701 IIJ:RIDIAII BUILDJJIO COJ!IDOIIJJIUJI WIT :3", COIIDOIIIIIltJII :RIIlCORD'S BOOK ::a&T:M, P.AOB 1183, 111.00-DADB COUlfTY, FLORIDA, FOLIO KO. 02-3:334-~. NOW THEREFORE, the lienor, for the goqd and valuable consideration of SIXTY-SIX THOUSAND, THRBB BUlfDRBD DOLLARS AND 67/100 C*66,300.67), does hereby acknowledge having received full payment and satisfaction of the Claim of Lien and does direct the Clerk of the Circuit court to cancel and discharge the Claim of Li~ in accordance with Section 713.21 of the Florida Statutes. Signed, sealed, and delivered this~ day of M~ , 2013. GERERA ON VE:rn'lJRltS CORPORATION 2188 K.W. 2lSTB AVENUE RIDA 33142 I B1tR1tBY CER!'!P't the.t on this day, ~fore :ne, an officer duly authorize State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Rubea A. Diu Jr., to me known to be the person described in, or has produced as identification and did take an oath, and who says that he/she is the Prealdeat of, GBRRATION VEIITURBS CORPORATIO!f and that hejshe hereby executed the foregoing instrument and he/she acknowledged before me that he/she executed the same for and on behalf of GEDRATIOK VEJITCRES CORPORATIO:N'. and at its special instance and request. tJ WITNESS my hand and official seal in the County and State last aforesaid this 3 day of Mg~ A.D., 2013. _p ~ _/ -~~~=---~ My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA AT LARGE ~~ ... ~ ~Zc (Typed or Printed Name of Notary Public) RB'l'URN 2'0: GEIIBRATIOR VEIITURB8 CORPORATIO. c/o P.O. BOX 820838 Pembroke Pfnea, Florida 33082 826 NOTARY FUBUC..STATE OF FLORIDA ~···"'"•... Sonia Perez ~ W \commission IDD908137 ":. •• /Expires: JULY 29, 2013 BO~~ TBR11 ATLANTIC BONDING CO., INC. COL NO. 4-416 , ...................................................................................................................................... .,~ .............................. . RELEASE AND SATISFACTION OF REcORDED CLAIM OF LIEN ' I i I i ! i ! ! I i I ,,,_, .................. -....................... ,_,_, .......................... _ .... , ....................... ,_ ................................................... . STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) 1'1118 unrtJltJM&RT PRBPARZ:D BYI lblben A. Dlq o1~., Pruldeat CAPITOL BTIZT IITRUCTURBS :uu •.•. ad&·--lllaml, l'1odU 33142 (30111 633 11001 The undersigned (lienor) having filed a Claim of Lien in the amount of 'l"WBJfTY-J'IVE THOUSAND, TWO HUJIDRBD, TWBIITY·I'OUR DOLLARS AND 18/100 ~·2S,224.18J against the property of IIASSAGE PART!fERB, DC. (Teaaa.t) on July :ZSth, 201:3 in Official Record Book 28202, at Page 4847, in the Office of the Clerk of the Circuit Court of 1Uaml-Da4e County, State of Florida, against real property described as: LMBBBOLD nrn:RB8T Ill: 1701 IIBIUDIAK AVBII'UB, UMT :J, (A/KA 767 1TTH STRBB'I1, IIIA88AOB EKVY, 11LUU BZA.CB, J'LOBIDA, A/K/ A "1 701 MBRIDIAll BUILDIRO COIIDOIDlltlll U1UT 7', COimOIIIliiml RBCORD'S BOOK :18'724. PAGE 1183, IIIAIII·DADB COUli'I'Y, FLORIDA, FOLIO JIO. 02-~34-:J06..00:110, NOW THEREFORE, the lienor, for the good and valuable consideration of 'l"WE!!TY-JI'IVE THOUSAKD, TWO IIVliDRED, 'l"WEEITY·I'OUR DOLLARS AND 18/100 (*28,224.18), does hereby acknowledge having received full payment and satisfaction of the Claim of Lien and does direct the Clerk of the Circuit court to cancel and discharge the Claim of Lien in accordance with Section 713.21 of the Florida Statutes. Signed, sealed, and delivered this ___..2._ day of M ~ , 2013. CAPITOL sftBT STRUCTURBS 2188 N.W. 28TH AVENUE ~~~~.~A 33142 I HEREBY CERTIFY that on this day, before me, an officer duly auth · eState aforesaid and in the County aforesaid to take acknowledgments, personally appeared Ru'bea A. DW Jr., to me known to be the person described in, or has produced as identification and did take an oath, and who says that hejshe is the Pnaid.ea.t of, CAPITOL STEET STRUCTURES and that he/she hereby executed the foregoing instrument and he/she acknowledged before me that he/she executed the same for and on behalf of CAPITOL STEET STRUCTURES . and at its special instance and requ~t. WITRESS my hand and official seal in the County and State last aforesaid this 3r day of tv\U~ A.D., 2013. ~ c.. ~..L .9-. .J My Commission Expires: ~RIDAAT LARGE 1\:-Ar--f"€.. 2.- (Typed or Printed Name of Notary Public) DTVRN TO: CAPITOL 8TDT STRUC'J ORBS c/o P.O. BOX 820838 l'flm.Jwoke PiDea, Florida 3308:1 827 NOTARY PUBIJC.STATE OF FLORIDA f............ Sonia Perez \-J C~mission # DD908137 -. •• ,"..... Exptres: JULY 29, 2013 BONDED TilRU ATLANTIC BONDING CO., 00:. COLNO 4415 Attachment 3 828 MASSAGE PARTNERS, INC., a Florida corporation d/b/a Massage Envy, Plaintiff, vs. IN THE CIRCUIT COURT OF THE 11m JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DMSION CASE NO.: 2012-37796 CA 15 Florida BarNo.: 221351 SOUTII FLORIDA SALON GROUP : INC., a Florida corporation d/b/a Blo : Bar, Defendant. SECOND AMENDED COMPLAINT Plaintiff, MASSAGE PARTNERS, :me., a Florida corporation d/b/a Massage Envy (hereinafter "MASSAGE ENVY'') sues the Defendant, SOUTH FLORIDA SALON GROUP, INC., a Florida corporation d/b/a Blo Bar (hereinafter "BLO BAR"), and says: Page 1 of 8 829 1. This is an action for specific performance of a contract and for damages for an amount in excess of$15,000.00. JURISDICTIONAL ALLEGATIONS 2. The Plaintiff, MASSAGE ENVY, is a Florida corporation engaged in business in Miami-Dade County, Florida. 3. The Defendant, BLO BAR, is a Florida corporation engaged in business in Miami-Dade County. Florida. 4. Venue is proper in Miami~ Dade County, Florida. 5. Commencing September 15, 2010, the Plaintiff, MASSAGE ENVY, became a tenant at the property located at 1701 Meridian Avenue, Unit 2, Miami Beach, Florida, where it operates a massage franchise. The landlord is the City of Miami Beach. 6. Prior to February 1, 2012, Unit 1 (the space next door to and directly adjacent to Unit 2) became vacant and available to rent. The Defendant, BLO BAR, desired to enter into a lease with the City of Miami Beach to lease 1701 Meridian A venue, Unit 1, Miami Beach, Florida .. 7. The square footage of the entire Unit 1, which BLO BAR desired to Page 2 of 8 830 lease from the City of Miami Beach is approximately 1,300 square feet. 8. The Plaintiff, MASSAGE ENVY, interested in expanding its existing operation, also desired to rent 160 square feet of Unit 1; and, on February 1, 2012, MASSAGE ENVY and BLO BAR entered into a written agreement whereby the Defendant, BLO BAR, agreed not to sign a lease with the City of Miami Beach for a specific pmtion of Unit 1 consisting of those 160 square feet so that those 160 square feet could be used by MASSAGE ENVY. A copy of the written agreement and floor plan describing the 160 square feet is attached hereto as Exhibit 1. 9. On February 1, 2012, the Defendant, BLO BAR, also signed a letter of agreement prepared by the leasing agent for the City of Miami Beach which sets forth the specific details of BLO BAR's agreement not to rent the subject 160 square feet :fi·om ·the City of Miami Beach. A copy of the letter of Agreement is attached hereto as Exhibit 2. 10. After the Plaintiff, MASSAGE ENVY, and the Defendant, BLO BAR, signed the written agreement setting forth their mutual agreement that BLO BAR would not sign a lease with the landlord, Page 3 of 8 831 City of Miami Beach, to rent the subject 160 square feet, BLO BAR breached its agreement with MASSAGE ENVY by entering into a wdtten lease with the landlord to rent the subject 160 square f~t in breach of its covenant with MASSAGE ENVY. 11. Thereafter, the Defendant, BLO BAR, built the interior of Unit 1; and, instead of allowing Plaintiff to construct the interior partition wall to incorporate the 160 square feet for Plaintiff's use, constructed interior walls that incorporated the 160 square feet that BLO BAR had agreed not to lease for itself. COUNT I {SPECIFIC PERFORMANCE OF AN AGREEMENT COVENANT NOT TO LEASE) 12. MASSAGE ENVY re-adopts andre-alleges the allegations contained in paragraphs 1 -11. 13. The Plaintiff, MASSAGE ENVY, is entitled to specific perfotmance of the written Agreement requiring the Defendant not to lease those 160 square feet of Unit 1 's space. 14. The Plaintiff, MASSAGE ENVY has demanded that the Defendant, BLO BAR, perform the Agreement to relinquish the 160 square feet; however, the Defendant refuses to abandon possession of the 160 Page 4 of 8 832 square feet and refuses to comply with the written Agreement not to lease or use the 160 square feet. 15. The agreement by BLO BAR not to rent the 160 square foot space pe1tains to real property which by its nature is unique; and, therefore, Plaintiff, MASSAGE ENVY, seeks the equitable remedy of specific performance because it has no adequate remedy at law. 16. The Plaintiff, MASSAGE ENVY, has petfmmed the agreement with BLO BAR and in entitled to a decree of specific performance to require the Defendant, BLO BAR, not to use the 160 square feet that it agreed not to lease and use. 17. When Defendant, BLO BAR entered into its lease with the City of Miami Beach, BLO BAR was aware it was required to enter into a lease for only rent 1, 140 square feet of the premises and not incotporate those l60 square feet into the premises. WHEREFORE the Plaintiff, MASSAGE ENVY, prays that the Comt: 1) Enter a decree of specific perf01mance requiring the Defendant, BLO BAR, to vacate possession of the 160 square feet pursuant to the terms of the agreement not to lease; 2) Enter a judgment against the Defendant, BLO BAR, for the damages Page 5 of 8 833 incwTed by the Plaintiff, MASSAGE ENVY, as a result of the breach of the written agreement by Defendant, BLO BAR; 4) Grant any other equitable relief that the cowt deems proper and can fashion to require the Defendant, BLO BAR, to comply with its written agreement; and 5) Award costs and attorney's fees to Plaintiff. COUNT II (BREACH OF CONTRACT AGAINST BLO BAR) 18. The Plaintiff, MASSAGE ENVY re~adopts and re-alleges the allegations contained in paragraphs 1 • 11. 19. The Plaintiff, MASSAGE ENVY, and the Defendant, BLO BAR, entered into a written contract dated February 1, 2012 where the Defendant, BLO BAR, agreed: a. Not to lease a specific 160 square foot portion of Unit 1, 1701 Meridian Avenue, Miami Beach, Florida, leaving the 160 square feet for MASSAGE ENVY; b. With respect to any lease entered into by BLO BAR and the landlord, the parties agreed that MASSAGE ENVY is an intended third party beneficiary to enforce its rights under the Page6of 8 834 Agreement. c. MASSAGE ENVY would pay for the construction of the pmtition wall between Unit 1 and 2 along the perimeter of the 160 square feet of the location. 20. BLO BAR breached the tetms of the Agreement by: a. Failing to allow MASSAGE ENVY to construct a partition wall between Unit 1 and 2, along the perimeter of the 160 feet of the location. b. Entering into a lease agreement with the City of Miami Beach for the entire 1,300 square feet (including the subject 160 square feet) instead of only 1, 140 square feet as BLO BAR agreed with MASSAGE ENVY that BLO BAR would do. 21. As a result of the breach of the agreement by the Defendant, BLO BAR, the Plaintiff, MASSAGE ENVY has been damaged by the loss of use ofthe 160 square feet of space and the compensation damage in the loss of profits to its business. The 160 square feet was going to be used to create two additional massage rooms to increase the total massage rooms from 9 to 11. 22. The Plaintiff, MASSAGE ENVY, has demanded that the Defendant, Page 7 of 8 835 BLO BAR, perform the contract but the Defendant, BLO BAR, has failed to perform the contract entitling the Plaintiff, MASSAGE ENVY, to recover damages including the loss of profits as a result of the breach by the Defendant, BLO BAR. 23. The Plaintiff, MASSAGE ENVY, is entitled to recover attorney's fees pursuant to the terms of the Agreement. WHEREFORE, the Plaintiff, MASSAGE ENVY, prays that the Court enter a Judgment against the Defendant, BLO BAR for damages in excess of$15,000.00 together with interest, attorneis fees and costs. Page 8 of 8 836 ( . . EXHIBIT 1 '· 837 ( I G®rnera.~e<n1 by <eam,~caJnU'll~li . ' ' .. . .. . . .. . 838 -· ' I ,. :· f I • 1 .. -; .. r. ·.,; .. ~ :211112 . . -. _: ;:::·:-r-r:;·-_~?~}6:,;:/:~~:~~:~-(~:%~~~~by (CamScarnn<ew 839 ' I i • • . . / ~ . <Gi®lrilerrat~d . tby t:am~c<airn ~et 840 J EXHIBIT2 841 . . ( . I(ON.IV.ER . . s· r· E·. ·RN·. .()ROUP . : .·.. ·.. . ·: · rtriAit ft~ ESt~tt~ J.'iQ~~ Ja"'fl . ··_:'21 '~011 . . . ··~J!i!Y ~.I.~ VJP::anatfr qfil'ti@bunafm.&in ae:. -e.ie.:tW'-'"n~mt-aeaCt.:ltetai_! .... :;.7th ~~Q.nJo ... ·, -_._.-.;'\ . { ' . :.bear·~~} . . . . · . . : ... . ·~~-~---il~- •(li.a!'Mcea ctevel9~~~ · "'W~ · · · "-· · ~-~ {'!".~ ~ • _ .. ,.. .... 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OrJbn ~ ~QO 842 RESOLUTION NO. __ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO.1 TO THE LEASE BETWEEN THE CITY AND MASSAGE PARTNERS, INC. ("TENANT"), DATED SEPTEMBER 15, 2010, FOR THE PREMISES LOCATED AT 1701 MERIDIAN AVENUE, UNIT 2 (AJKJA 767 17TH STREET), MIAMI BEACH, FLORIDA; SAID AMENDMENT TO THE LEASE CONCERNING: 1) THE ADDITIONAL USE OF THE LEASED PREMISES AS A NAIL SALON; 2) THE NON-EXCLUSIVE, REVOCABLE USE OF THE COMMON AREA RESTROOMS LOCATED ON THE SECOND FLOOR OF THE 1701 MERIDIAN AVENUE OFFICE BUILDING FOR TENANT'S NAIL SALON CUSTOMERS; AND 3) THE RENTAL RATE TO BE PAID BY TENANT FOR THE USE OF SAID COMMON AREA RESTROOMS WHEREAS, on September 15, 2010, the Mayor and City Commission passed Resolution No. 2010-27488, approving a Lease Agreement between the City and Massage Partners, Inc. (''Tenant") for the use of approximately 1802.89 square feet of City-owned property, located at 1701 Meridian Avenue, Unit 2 (a/kla 767 17th Street), Miami Beach, Florida ("Leased Premises"); said Lease having a term of nine (9) years and 364 days, commencing on December 2, 2010, and ending on November 30, 2020; and WHEREAS, as stated in Section 7 of the Lease, the Leased Premises shall be used by the Tenant only for the purpose(s) of providing therapeutic massage services, facials, and any other products or services authorized pursuant to Tenant's Franchise Agreement with Massage Envy Franchising, LLC ("Franchisor"); and WHEREAS, 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 the 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; and WHEREAS, the Franchisor has stated it cannot approve the sharing of restrooms by its franchisees with other businesses (i.e. the proposed nail salon); and WHEREAS, subsequent to numerous discussions between the City Administration and the Tenant, it was determined that a separate restroom is also required by the City in order for the Proposed Nail Salon Space to obtain the applicable business tax receipt(s); and WHEREAS, the Leased Premises do not contain a separate restroom which can be utilized by the nail salon customers; and WHEREAS, the Tenant has requested approval to use of the common area restrooms located on the 2nd Floor of the 1701 Meridian Avenue office building ("Common Area Restrooms"} for its nail salon customers; and WHEREAS, the additional nail salon use and the use of the Common Area Restrooms was discussed at the September 19, 2013 Finance and Citywide Projects Committee meeting, and 843 WHEREAS, the Committee recommended in favor of allowing the nail salon use; and WHEREAS, the Committee recommended in favor of allowing the non-exclusive, revocable use of the Common Area Restrooms for the Tenant's nail salon customers, subject to Tenant escorting any patrons of the nail salon to the Common Area Restrooms during times when the 1701 Meridian office building is not open to the public; and WHEREAS, the Committee recommended the Common Area Restrooms, containing approximately 248 square feet, should be subject to the $6.00 PSF common area maintenance charge which the office tenant's currently pay; in the amount of $1,488 per year (248 sf x $6.00), payable in monthly installments of $124. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee and approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the Lease between the City and Massage Partners, Inc. ("Tenant"), dated September 15, 2010, for the premises located at 1701 Meridian Avenue, Unit 2 (a/kla 767 171h Street), Miami Beach, Florida; said amendment to the lease concerning: 1) the additional use of the Leased Premises as a nail salon; 2) the non- exclusive, revocable use of the common area restrooms located on the 2nd Floor of the 1701 Meridian Avenue office building for Tenant's nail salon customers; and 3) the rental rate to be paid by Tenant for the use of said common area restrooms. PASSED and ADOPTED this __ day of _____ 2013. ATTEST: Rafael Granado, CITY CLERK Matti Herrera Bower, MAYOR T:\AGENDA\2013\0ctober 16\Massage Partners\Massage Partners RESO (1 0-16-13).docx 844 APPROVED AS TO FORM & LANGUAGE & FO~ ECUTION THIS PAGE INTENTIONALLY LEFT BLANK 845 R7 -Resolutions R7C A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute Guaranteed Maximum Price (GMP} Amendment No. 1 To The Pre- Construction Services Agreement With QGS Development, Inc., Dated October 19, 2011, For Construction Management At Risk Services For The Par 3 Golf Course Project, In The Amount Of $ With Previously Appropriated Funding From The MDC CDT lnterlocai-CDT/Resort Fund 388. (Capital Improvement Projects} (Memorandum To Be Submitted In Supplemental) 846 Agenda Item R? C. Date /O-Ib-13 THIS PAGE INTENTIONALLY LEFT BLANK 847 COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, ratifying a three year labor agreement between the City of Miami Beach and the Government Supervisors Association of Florida, OPEIU, Local1 00 (GSAF) bargaining unit, for the period from October 1, 2012, through September 30, 2015, and authorizing the Mayor and the City Clerk to execute the agreement. Ke Intended Outcome Supported: Attract and maintain a workforce of excellence; Control costs of payroll including salary and fringes; Ensure expenditure trends are sustainable over the lon term. Item Summary/Recommendation: After seven negotiation sessions, the City and the GSAF bargaining unit reached a tentative three year labor agreement covering the time period of October 1, 2012, through September 30, 2015. As a result of this agreement, employees will receive a three percent COLA effective the first pay period ending in October of 2014, that will also extend the minimum and the maximum of the salary ranges for all classifications covered by the GSAF bargaining unit. Employees in classifications covered by GSAF are eligible to continue receiving up to a two percent merit increase. These merit increases do not represent an additional cost to the City. A major concession achieved during this negotiation session is that effective October 1, 2013, only actual hours worked shall be considered for the purposes of computing overtime. Paid leave, including but not limited to, annual, holiday, sick, family and medical (FMLA), birthday, floater, bereavement and administrative leave shall not be considered as time worked for the purpose of computing overtime. This provision shall take effect provided the same terms are accepted by or imposed upon AFSCME in its 2013-2016 collective bargaining agreement. Upon ratification of the agreement, the random and reasonable suspicion drug/alcohol testing program will apply to all GSAF bargaining unit employees, not as previously negotiated limiting testing to incumbents in certain classifications. The parties have also agreed to pension plan changes applicable to current and future bargaining unit employees. The two year past service purchase option will be eliminated, effective September 30, 2013. This provision has already been eliminated for employees in the CWA, unclassified and "Others" salary groups. The savings from the elimination of the buyback described herein will be recognized over time. Furthermore, effective October 16, 2013, the City agreed to extend the Deferred Retirement Option Plan (DROP) from three to five years for bargaining unit members hired prior to September 30, 2010, and allow employees currently participating in the three year DROP to enter into the five year DROP. Estimates indicate that employees covered by the GSAF bargaining unit account for approximately six percent of MBERP membership. The pension changes attributable to employees in the GSAF bargaining unit will yield a savings of $43,041 off the ARC payable on October 1, 2014. The agreement with GSAF, as it pertains to its members continuing to pay the additional two percent pension contribution established in 2010, is contingent upon negotiating or imposing a parallel provision on AFSCME bargaining unit members. The City is still negotiating with AFSCME to attain similar concessions. The impact of the 1:\No percent would be an estimated additional pension cost of $78,459 during FY 2014/15; this amount will continue to increase over time as employee pensionable earnings rise. The terms and conditions of the proposed three year labor agreement bei\Neen the City and GSAF include a total estimated cost impact to the City of $0 for FY 2012/13; ($53,500) for FY 2013/14 due to overtime savings; and $30,393 for FY 2014/15 due to overtime and pension savings offset by the three percent COLA. The total estimated three year impact is ($23, 1 07). The agreed upon terms and conditions will result in long- term pension savings and in creating parity among employees covered by the GSAF and other general employees who participate in MBERP. The Administration recommends adopting the resolution to ratify the three year labor agreement with the GSAF bargaining unit for the time period coverin~ October 1, 2012, throuQh September 30, 2015. Financial Information· Source of Amount Account Funds: 1 FY2012/13 $0 2 FY2013/14 FY 2013/14 includes overtime savings through adhering to the Fair Labor ($53,500) Standards Act (FLSA) FY 2014/15 cost impact includes overtime savings through adhering to FLSA; FY2014/15 pension savings through the elimination of the ability to purchase prior creditable 3 $30,393 service under MBERP and the extension of the DROP. Also included is the cost of the three percent COLA effective the first pay period ending in October of 2014 and the salary costs associated with the DROP extension. OBPI Total ($23, 1 07) Financial Impact Summary: The terms and conditions of the proposed three year labor agreement between the City and GSAF include a total estimated cost impact to the Cityof$0 for FY2012/13; ($53,500) for FY2013/14; and $30,393 for FY 2014/15. The total estimated three year impact is ($23,107). Department Director City Manager Sylvia Crespo-Tabak Kathie G. Brooks Jimmy L. Morales T:\AGENDA\2013\0ctober 16\GSAF\GSAF 2012-2015 Collective Bargaining Agreement Ratification Summary.doc u MIAMI BEACH 848 AGENDA ITEM -~-7....,...,...D__,...,., OATE (0-{6-/3 I I I I MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING A THREE (3) YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE ITY OF MIAMI BEACH AND THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA, OPEIU, LOCAL 100 (GSAF}, 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 through September 30, 2012, collective bargaining process, the parties negotiated changes that resulted in employee givebacks of over $15 million between FY 2009/10 and FY 2010/11, and $20 million when including FY 2011/12 (Unclassified and Others, although not represented by a union, also contributed to the employee giveback total). 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 for the short and long-term. Pension changes for the City Fund for Firefighters and Police Officers in the City of Miami Beach (Fire and Police Pension Plan) were negotiated for implementation in 2010; however, they 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. 849 City Commission Memorandum October 16,2013 GSAF 2012-2015 Collective Bargaining Agreement Ratification Page 2 of 5 Based on the current draft valuation for the Fire and Police Pension Plan and the adopted valuation for the MBERP, the City's annual required contribution (ARC) toward both plans is estimated at $67.7 million (this represents an increase of $2.2 million in the Fire and Police Pension Plan and an increase of $5 million in MBERP). 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. ANALYSIS On September 30, 2012, the 2009-2012 GSAF collective bargaining agreement expired. The City and the GSAF bargaining unit began meeting in October 2012, to negotiate a successor agreement. After seven sessions, on July 18, 2013, the City and GSAF reached a tentative three-year agreement covering the period of October 1, 2012, through September 30, 2015. Two contract ratification votes were held by the GSAF leadership; the first on August 1, 2013, which resulted in the rejection of the contract by the members; and the second voting session was held on September 18, 2013, which resulted in the majority of the members who voted doing so in support of the proposed agreement. As a result, the tentative collective bargaining agreement was ratified by the GSAF membership. As per the attached letter from the Greg Blackman, President of the GSAF bargaining unit, the agreement was ratified by a majority of the members who voted. (Attachment 1) The agreement with GSAF, as it pertains to its members continuing to pay the additional two percent pension contribution, is contingent upon negotiating or imposing a parallel provision on AFSCME bargaining unit members. The City is still negotiating with AFSCME. The impact of the two percent would be an estimated additional pension cost of $78,459 during FY 2014/15; this amount will continue to increase over time as employee pensionable earnings rise. The following is a summary of the tentative agreement. The entire tentative collective bargaining agreement is provided as Exhibit A to the resolution attached to this memorandum. 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 across-the-board wage increase that will also extend the minimum and maximum of the salary ranges for all classifications covered by the GSAF bargaining unit. The FY 2014/15 estimated impact to the City from the three percent COLA is $114,261. Merit Increases Employees shall be eligible to continue receiving merit increases, up to a maximum of two percent. This item is considered status quo and is not presented as an additional cost to the City. 850 City Commission Memorandum October 16,2013 GSAF 2012-2015 Collective Bargaining Agreement Ratification Page 3 of 5 Overtime & Holiday Pay Effective October 1, 2013, only actual hours worked shall be considered for the purposes of computing overtime. Paid leave, including but not limited to annual, holiday, sick, family and medical (FMLA), birthday, floater, bereavement and administrative leave shall not be considered as time worked for the purpose of computing overtime. This provision shall take effect provided the same terms are accepted by or imposed upon AFSCME in its 2013-2016 collective bargaining agreement. Drug/Alcohol Testing Effective upon ratification of the agreement, the random and reasonable susp1c1on drug/alcohol testing program will apply to all GSAF bargaining unit employees, not as previously negotiated limiting testing to incumbents in certain classifications. The panel of controlled substance for which employees will be tested increased from five to ten separate substances. Additionally, revised language indicates that the testing program will be conducted in accordance with the Code of Federal Regulations (CFR), Part 40. This will result in a slightly higher cost to the City due to testing more employees for more substances. Employees whose positions require a commercial driver license (COL) will continue to be tested according to the applicable federal guidelines. Extension of the Deferred Retirement Option Plan (DROP) Effective October 16, 2013, the City agreed to extend the three year DROP to five years for all employees covered by the GSAF collective bargaining agreement who were hired prior to September 30, 2010, and allow employees currently participating in the three year DROP to enter into the five year DROP. Gabriel, Roeder and Smith (GRS), the actuary for MBERP, estimated that from the extension negotiated for MBERP members, the City will save an estimated $778,000 in pension costs in year one, of which $43,041 is estimated to be attributable to GSAF (Attachment 2). Note the $778,000 figure is inclusive of applying the same pension changes to AFSCME bargaining unit members as has already been offered to GSAF, CWA, Unclassified and "Others". Extension of the DROP will result in the City not realizing savings in salary costs by hiring new employees at a lower pay level. The additional salary expense is approximately $34,333 for FY 2014/15. Elimination of Two-Year Past Service Option Effective September 30, 2013, the ability to purchase up to two years of prior creditable service will be eliminated for employees covered by the GSAF collective bargaining agreement. This provision has already been eliminated for employees in the CWA, unclassified and "Others" salary groups. On average, since 2006, there have been 157 past service purchases or buybacks in the general plan each year. GRS has estimated that the approximate cost to the City for an average employee earning $60,000 per year is $26,000. For 157 employees, this equates to a cost of $4.082 million. Since GSAF represents six percent of employees in MBERP, $245,000 is estimated to be attributable to GSAF. 851 City Commission Memorandum October 16, 2013 GSAF 2012-2015 Collective Bargaining Agreement Ratification Page 4 of 5 GRS has also informed the City that the plan assumptions do not take into account the past service purchase in calculating the ARC. The impact is recognized as an experience loss each year. GRS estimates the amortized value to be $2,300 per person or $361,000 per year for an average salaried employee, assuming all actuarial assumptions are met, of which $21,660 is estimated to be attributable to GSAF. This amount compounds each year as additional employees buy back and the loss is amortized. FY 2013/14 FY 2014/15 FY 2015/16 FY 2016/17 FY 2017/18 Elimination of FY 2013/14 loss $0 $0 $0 $0 $0 amortization Elimination of FY 2014/151oss $21,660 $21,660 $21,660 $21,660 amortization Elimination of FY 2015/16 loss $21,660 $21,660 $21,660 amortization Elimination of FY 2016/17 loss $21,660 $21,660 amortization Elimination of FY 2017/18 loss $21,660 amortization TOTAL $0 $21,660 $43,320 $64,980 $86,640 Additional Two Percent Employee Contribution to the Miami Beach Employees' Retirement Plan (MBERP) Similar to the addition of the two percent employee contribution when pension costs increased, the City has agreed that should the City's ARC decrease to 23.5% of pensionable payroll, the City will discontinue the additional two percent employee pension contribution that was levied on all MBERP members in 2010. CONCLUSION The terms and conditions of the proposed three year labor agreement between the City and GSAF include a total estimated cost impact to the City of $0 for FY 2012/13; ($53,500) for FY 2013/14; and $30,393 for FY 2014/15. The total estimated three year impact is ($23, 1 07). The agreed upon terms and conditions will result in long-term pension savings and in creating parity among employees covered by the GSAF and other general employees who participate in MBERP. The estimated pension savings attributable to extending the DROP from three to five years is $778,000 from the ARC payable on October 1, 2014. This value is based on all members participating in MBERP, including AFSCME bargaining unit members. Estimates indicate that employees covered by the GSAF bargaining unit account for approximately six percent of MBERP membership. It is estimated that the pension changes attributable to employees in GSAF will yield a savings of $43,041 off the ARC payable on October 1, 2014. 852 City Commission Memorandum October 16, 2013 GSAF 2012-2015 Collective Bargaining Agreement Ratification Page 5 of 5 The City and GSAF have also agreed to eliminate the two year past service purchase option for MBERP. The savings from the elimination of the buyback described earlier will be recognized over time. The City is still negotiating a successor agreement with the AFSCME bargaining unit to achieve givebacks similar to those from GSAF, CWA, Unclassified and "Others". The Administration recommends adopting the resolution to ratify the three year labor agreement with the GSAF bargaining unit for the time period covering October 1, 2012, through September 30, 2015. JLM/KGB/str T:IAGENDA\2013\0ctober 16\GSAF\GSAF 2012-2015 Collective Bargaining Agreement Ratification Memo.docx 853 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING A THREE (3) YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA, OPEIU, LOCAL 100 (GSAF), FOR THE PERIOD FROM OCTOBER 1, 2012, THROUGH SEPTEMBER 30, 2015; AND AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTETHEAGREEMEN~ WHEREAS, the City Manager is hereby submitting to the Mayor and City Commission the collective bargaining agreement negotiated between the City and the Government Supervisors Association of Florida, OPEIU, Local 100 (GSAF), for the time period of October 1, 2012, through September 30, 2015; and WHEREAS, the previous collective bargaining agreement was for a three-year period, from October 1, 2009, through September 30, 2012; and WHEREAS, on September 30, 2012, the collective bargaining agreement between the parties expired; and WHEREAS, the GSAF bargaining unit employees held a ratification vote on September 18, 2013, whereby the proposed 2012-2015 collective bargaining agreement was ratified; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the Administration to ratify the three-year collective bargaining agreement between the City and the GSAF, attached hereto as Exhibit A, for the time period covering October 1, 2012, through September 30, 2015. PASSED AND ADOPTED THIS ___ DAY OF--------' 2013. ATTEST: RAFAEL E. GRANADO CITY CLERK MATTI HERRERA BOWER MAYOR T:\AGENDA\2013\0ctober 16\GSAFIGSAF 2012-2015 Collective Bargaining Agreement Ratification Resolution.docx 854 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION OFFICERS llREQ BLACKMAN Prnll:lant OTTO CASnLLO Flret VJce Ptealo:1'1nt BILL BLADE S&Ccnd VIce Prnl~nl MARY ANN SMITH SIICC!Id VIet Pr•ldent WALTER Ct.ARIT Truluter MICHAEL COLE &ec!elary PAUL PERRO !olE Se~guntll AI/III FREORICKA M. OAUN Ch1p111n BOARD Of DIRECTORS MARK DUBIN ROBERT STEARNS JOHN GRESHAM SANORASMITH KAREN IIALIQUfTTE RALSTON COOMBS ATTACHMENT 1 GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, LOCAL 100, AFL-CIO 3600 Red Road • Suite 405 • Miramar, Florida 33025 (954) 920-0046 • Fax: (954) 920-0725 • {305) 477-9644 • Fax (305) 599-9675 1-800-592-6617 • Fax: 1-800-592-6619 Website: gaaflocal100.org • e-mail: gaaf@bellsouth.net ~· September 18, 2013 Sylvia Crespo-Tabak, Human Resources 1700 Convention Center Drive Miami Beach, Florida 33139 RE: Ratification of2012-2015 CBA Dear Ms. Crespo-Tabak Please be advised that the Government Supervisors Association of Florida (GSAF) has ratified the 2012·2015 Collective Bargaining Agreement. This was accomplished by a m~ority vote of the Supervjsory unit members favoring ratification on September 181h, 2013, CC: Otto Castillo, 1st VP MD Negotiating Team 855 ATTACHMENT 2 GRS October 7, 2013 Ms. Carla Gomez Gabriel Roeder Smith & Company Consultants & Actuaries Assistant Director, Human Resources City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 One East Broward Blvd. Suite SOS Ft. Lauderdale. FL 33301-1804 954.527.1616 phone 954.525.0083 fax www.gabrielroeder.com Re: Actuarial Impact Statement for Proposed Changes to the Miami Beach Employees• 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 for members participating in the GSAF bargaining unit: 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 1, 20 I 0 (i.e., Tier A and Tier 8 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. Please note that the above changes were already adopted for all members except for members who are participating in tbe AFSCME or GSAF bargaining units., and the effect of these changes are shown in our September 6, 2013 Actuarial Impact Statement (also referred to as the .. Baseline,. in this report). The enclosed figures reflect tbe additional effect of applying the above changes to members participating in the GSAF bargaining unit. 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., I 0% of pay for each year purchased). As an example, the full actuarial cost to purchase the maximum of2 years of service for a member who is currently age 45 with I 0 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/Joss varies each year depending on the demographics and the specific benefit 856 ---------------------------·· Ms. Carla Gomez October 7, 2013 Page2 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 after September 30, 2013. Summary of Findings The following summarizes the additional effe<:t of reflecting the above Plan changes for GSAF members (as compared to the September 6. 2013 Actuarial Impact Statement): • The present value of future benefits decreases by approximately $433,000. The Plan would be expected to pay out $433,000 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 for GSAF members 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 $337,000. This reduction will decrease the annual required contribution by approximately $30,000 each of the next 30 years. The first year normal cost will decrease by approximately $13,000 which is 0.0 I 90/o of total covered payroll (0.02% ofTier A and B member covered payroll). The reduction of0.02% of Tier A and Tier B member covered payroll will exist until all Tier A and Tier B members have retired. The first year required employer contribution would decrease by approximately $43,000 or 0.07% of Non·DROP payroll. The funded ratio will increase from 66.6% to 66. 7%. Other Cost Considerations • As of October I, 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, 20 12 are fully re<:ognized in the Actuarial Value of Assets, the contribution rate will decrease by roughly 0.3% ofnon·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 pennission 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 pennission. 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 I, 2012 Actuarial Valuation concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. The calculations are also based on Gabriel Roeder Smith & Company 857 Ms. Carla Gomez October 7, 20 13 PageJ bargaining unit information provided by the City related to this study. We reviewed this infonnation 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 or the City. 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 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 ofthe 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, :fuJ.h6ia R. Ob~ Melissa R. Algayer, MAAA*C Enrolled Actuary No. I 1-06467 nrolled Actuary No. 11-06599 Copy: Rick Rivera Enclosures Gabriel Roeder Smith & Company 858 SUPPLEMENTAL ACI'UARIAL VALUATION REPORT Plan City of Miami Beach Employees' Retirement Plan Valuation Date October I, 2012 Date of Report October 7, 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 Cllange Present Plan Provisions before Change All Members except AFSCME and GSAF Members: • 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 additionaJ two years (five years total). The annual COLA of2.5% is not payable while members are in the DROP. • There is no optional service purchase provision. AFSCME and GSAF Members: • • Members hired before October I, 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 I 00/o of the annual rate of compensation multiplied by the number of years purchased. 859 2 Proposed Plan Changes TI1e following changes would apply to all members except AFSCME Members: • Members hired before October I, 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. Participants Affected The extension of the DROP participation period would apply to all active GSAF members hired prior to October I, 2010 (i.e., Tier A and Tier B members) who become eligible for normal retirement. The extension of the DROP would also apply to current GSAF 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 GSAF 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 who are not participating in the AFSCME bargaining unit. Additionally, the COLA delay was increased from 3 years to 5 years for members currently participating in the DROP and not members of the AFSCME bargaining unit. All other assumptions and methods are the same as shown in the October I, 20 12 Actuarial Valuation Report. Some of the 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 I, 2012 Actuarial Valuation Report. Actuarial Impact of Proposal(s) See attached page(s). Extending the DROP from three to five years for GSAF members will decrease the first year annual required contribution by $43,041 or 0.07% of Non-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. 860 Special Risks Involved With the Proposal That the Plan Has Not Been Exposed to Previously None Other Cost Consideratio• As of October I, 20 12 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. 861 3 4 CITY OF MIAMI BEACH EMPLOYEES' RETIREMENT PLAN Impact Statement-October 7. 2013 Description of Amendment The proposed ordinance incorporates the following plan changes and would apply to all active members participating in the GSAF bargaining unit and GSAF members participating in the Deferred Retirement Option Program (DROP): 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. The above changes were already adopted for members except members participating in the GSAF or AFSCME bargaining units, and reflected in the September 6, 2013 Actuarial Impact Statement (referred to as the "Baseline" of the enclosed report). The figures in the enclosed report reflect the additional effect of applying the above changes to members participating in the GSAF bargaining unit. Funding Implications of Amendment See attachments. Certification of Administntor 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 862 5 ANNUAL REQUIRED CONTRIBUTION (ARC) A. Valuation Date October I, 2012 October I , 20 12 Increase/ Baseline• Extend DROP from (Decrease) Three lo Five Years B. ARC to Be Paid During Fiscal Year Ending 9/30/2014 9/30/2014 c. Assumed Date of Employer Contrib. 10/1/2013 1011/2013 D. Annual Payment to Amortize Unfunded Actuarial Liability $ 16,788,153 $ 16,760,395 $ (27,758) E. Employer Normal Cost 6,917,430 6,905,335 (12,095) F. ARC if Paid on the Valuation Date: D+E 23,705,583 23,665,730 (39,853) G. ARC Adjusted for Frequency of Payments 25,602,030 25,558,989 (43,041) H. ARC as% of Covered Payroll -Non-DROP Payroll 39.36 % 39.29 % (0.07)% -Total Payroll 36.69 % 36.63 % (0.06)% I. Covered Payroll for Contribution Year -Non-DROP Payroll 65,053,945 65,053,945 - -Total Payroll 69,782,689 69,782,689 - • From September 6, 2013 Actuarial Impact Statement 863 6 ACtuARIAL VALUE OF BENEF11S AND ASSETS A. Valuation Date October I, 2012 October I, 2012 Increase/ Baseline* Extend DROP from (Decrease) Three lo Five Years B. Actuarial Present Value of All Projected Benefits for I. Active Members a. Service Retirement Benefits $ 260,184,135 $ 259,785,430 $ (398,705) b. Vesting Benefrts 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 2843 631,843 - f. Total 304,008,819 303,610,114 (398,705) 2. Inactive Members a. Service Retirees &. Benef~eiaries 407,869,328 407,835,275 (34,053) b. Disability Retirees 12,377,127 12,377,127 - c. Terminated Vested Members 11!480! 115 11.480.115 - d. Total 431,726,570 431,692,517 (34,053) 3. Total for All Members 735,735,389 735,302,631 (432,758) c. Actuarial Accrued (Past Service) Liability per GASB No. 25 632,541,230 632,203,739 (337,491) D. Plan Assets I. Market Value 423,447,642 423,447,642 - 2. Actuarial Value 421,376,041 421,376,041 - E. Unfunded Actuarial Accrued Liability (C-02) 211 ' 165, 189 210,827,698 (337,491) F. Funded Ratio (D2 + C) 66.6 % 66.7 % 0.1 % 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 - • From September 6, 2013 Actuarial Impact Statement. 864 1 CALCULATION OF EMPLOYER NORMAL COST A. Valuation Date October l, 2012 October I, 2012 Increase/ Baseline• Extend DROP from (Decrease) Three to Five Years B. Nonnal Cost for I. Service Retirement Benefits $ 9,656,873 $ 9,644,178 $ (12,095) 2. Vesting Benefits 2,047,065 2,047,065 - 3. Disability Benefits 529,872 529,872 - 4. Preretirement Death BenefitS 268,222 268,222 - 5. Return of Member Contributions 225,573 2251573 - 6. Total for Future Benefits 12,727,605 12,715,510 ( 12,095) 7. Assumed Amount for Administrative Expenses 694,180 694!180 - 8. Total Nonnal Cost 13,421,785 13.409,690 (12,095) % of Covered Payroll -Non-DROP Payroll 20.63 o/o 20.61% (0.02)% -Total Payroll 19.23 o/o 19.22 o/o {0.01)% 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 Nonnal Cost: 88-C 6,917,430 6,905,335 (12,095) %of Covered Payroll -Excluding DROP Payroll 10.63% 10.61% (0.02)% -Including DROP Payroll 9.91% 9.90% (0.01)% • From September 6, 2013 Actuarial Impact Statement 865 8 PARTICIPANT DATA October I, 2012 October I, 2012 Baseline* Extend DROP from Three lo Five Years ACTIVE MEMBERS Number (Non-DROP) 1,049 1,049 Covered Annual Non-DROP Payroll s 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 A'if! at Hire 35.3 35.3 DROP PARTICIPANTS Number 55 55 Annual Benefits $ 2,994,703 2,994,703 Average Annual Benefit s 54,449 54,449 Average Age 59.3 59.3 RETIREES & BENEF1CIARIES Number 1,002 1,002 Annual Benefits $ 33,085,394 $ 33,085,394 Average Annual Benefit s 33,019 $ 33,019 Average Age 71.1 71.1 DISABILI1Y RETIREES Number 43 43 Annual Benefits $ 1,117,160 $ 1,117,160 Averab>e 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 * From September 6, 2013 Actuarial Impact Statement. 866 EXHIBIT A AGREEMENT Between CITY OF MIAMI BEACH, FLORIDA and the GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA, OPEIU, LOCAL 100 Period Covered October 1, 200912 to September 30, 2«»2.15 GSAF -1 867 TABLE OF CONTENTS AGREEMENT ................................................................................................................................................................. 4 PREAMBLE ...................................................................................................................................................................... S ARTICLE 1: RECOGNITION Section 1.1. Section 1.2. Representation and Bargaining Unit ................................................................................... 6 Unit Description ..................................................................................................................... 6 ARTICLE 2: DEDUCTION OF ASSOCIATION DUES Section 2.1. Section 2.2. Check-off. ................................................................................................................................ 7 Indemnification ...................................................................................................................... 7 ARTICLE 3: MANAGEMENT RIGHTS ............................................................................................................ 8 ARTICLE 4: PROHIBITION OF STRIKES ..................................................................................................... 9 ARTICLE 5: ASSOCIATION REPRESENTATION AND EMPLOYEE RIGHTS .......................... 10 Section 5.1. Section 5.2. Association Representation ................................................................................................ 10 Employee Rights .................................................................................................................. 11 ARTICLE 6: GRIEVANCE PROCEDURE Section 6.1. Section 6.2. Section 6.3. Section 6.4. Section 6.5. Section 6.6. Purpose .................................................................................................................................. 13 Definitions ............................................................................................................................. 13 Special Provisions ................................................................................................................. 14 Election of Remedies ........................................................................................................... 16 Grievance Steps ..................................................................................................................... 16 Arbitration ............................................................................................................................. 18 Differences Concerning Personnel Rules ......................................................................... 19 ARTICLE 7: HOURS OF WORK AND OVERTIME Section 7 .1. Section 7 .2. Section 7.3. Section 7.4. Section 7.5. Section 7.6. Section 7.7. Section 7.8.a. Section 7.8.b. Section 7.9. Normal Workday .................................................................................................................. 20 Normal Workweek ............................................................................................................... 20 Rest Periods .......................................................................................................................... 20 Reporting Pay ....................................................................................................................... 20 Overtime ................................................................................................................................ 20 Distribution of Overtime Opportunity ............................................................................. 21 Call Back Pay ........................................................................................................................ 21 Stand by Pay .......................................................................................................................... 21 Stand by Pay .......................................................................................................................... 22 No Pyramiding ...................................................................................................................... 22 ARTICLE 8: WAGES AND FRINGE BENEFITS Section 8.1. Section 8.2. Section 8.3. Section 8.4. Section 8.5. Section 8.6. Section 8.7. Wages ..................................................................................................................................... 23 Holidays ................................................................................................................................. 24 Holiday Pay ........................................................................................................................... 24 Meal Allowance .................................................................................................................... 25 Bereavement Leave .............................................................................................................. 26 Unpaid Leaves ...................................................................................................................... 26 Jury Duty ............................................................................................................................... 26 GSAF-2 868 WAGES & FRINGE BENEFITS, continued ................................................................................... ~ Section 8.8. Section 8. 9. Section 8.10. Section 8.11. Section 8.1 2. Section 8.13. Section 8.14. Section 8.15. Section 8.16. Section 8.17. Section 8.18. Section 8.19 Section 8.20 Section 8.21 Uniforms ................................................................................................................................ 26 Safety Shoes .......................................................................................................................... 28 Shift DifferentiaL ................................................................................................................. 28 Rate of Pay When Working Out of Classification .......................................................... 28 Paid Leave ............................................................................................................................. 29 Perfect Attendance Bonus .................................................................................................. 29 Part-Time Employees .......................................................................................................... 29 Sick and Vacation Leave Accrual and Maximum Payment on Termination .............. 29 Pay for Hazard Duty ............................................................................................................ 30 Essential Personnel (Ilurricane Pay) ................................................................................. 30 License(s) Maintenance ....................................................................................................... 31 Tool Reimbursement Program ........................................................................................... 31 E1fl' Certification Pay ........................................................................................................ 31 Skill Pay Supplement ........................................................................................................... 31 ARTICLE 9: INSURANCE .................................................................................................................................... 33 ARTICLE 10: PENSION AND RETIREE HEALTH ................................................................................... 36 ARTICLE 11: GENERAL PROVISIONS Section 11. 1. Section 11.2. Section 11.3. Section 11.4. Section 11.5. Section 11.6. Section 11.7. Section 11.8. Section 11.9. Section 11.1 0. Section 11.11. Section 11.12. Section 11.13. Section 11.14. Section 11.15. Section 11.16. Discrimination ...................................................................................................................... 3 7 Meetings Between Parties ................................................................................................... 37 Work Rules ............................................................................................................................ 37 Stress Reduction/Police Department's Public Safety Communications Unit ............ 37 Labor/Management Committee ........................................................................................ 38 Safety ...................................................................................................................................... 38 Bulletin Boards ..................................................................................................................... 38 Probationary Employees ..................................................................................................... 39 Notification in the Event ofTransfer or Contracting Out ............................................ 39 Seniority ................................................................................................................................. 40 Reduction in Force ............................................................................................................... 40 Military Leave ....................................................................................................................... 41 Pay Advances ........................................................................................................................ 41 Mento ring Program .............................................................................................................. 41 Political Activities ................................................................................................................. 41 Promotions ............................................................................................................................ 41 ARTICLE 12: DRUG & ALCOHOL TESTING Sections 12.1. to 12.6 ........................................................................................................................................ 43 Section 12.7. Drug/ Alcohol Random Testing ........................................................................................ 43 Section 12.8. Last Chance Agreement ...................................................................................................... 44 ARTICLE 13: SAVINGS ............................................................................................................................................ 45 ARTICLE 14: ENTIRE AGREEMENT .............................................................................................................. 46 ARTICLE 15: TERM OF AGREEMENT ........................................................................................................... 47 EXECUTION ................................................................................................................................................................ 48 ELECTION OF REMEDY FORM ........................................................................................................................ 49 GSAF-3 869 AGREEMENT THIS AGREEMENT, was made and entered into on this __ day of _______ _, 20HI.U, by and between the CI1Y OF MIAMI BEACH, FLORIDA (herein called the "City"), and the Government Supervisors Association of Florida, (GSAF) OPEIU, Loca1100, (herein called the "Association"). GSAF-4 870 PREAMBLE \VHEREAS, the Association has been selected as the sole and exclusive bargaining representative by a majority of the employees set forth in the Recognition Article, and has been recognized by the City pursuant to the laws of Florida as the sole and exclusive bargaining representative for said employees; \VHEREAS, the City and the Association have voluntarily endorsed the practices and procedures of collective bargaining as a fair and orderly way of conducting relations between the City and the employees covered by this Agreement insofar as such practices and procedures are appropriate to the obligations of the City to effectively operate the various departments of the City and are consonant with the paramount interests of the public; \VHEREAS, it is the intention of the parties to this Agreement to provide, where not otherwise mandated by Statute, for the salary schedule, fringe benefits and conditions of employment of the employees covered by this Agreement, to provide for the continued and efficient operation of the various departments of the City, and to provide an orderly and prompt method of handling and processing grievances; NOW, THEREFORE, the parties agree with each other as follows; GSAF-5 871 ARTICLE1 RECOGNITION Section 1.1. Representation and Bargaining Unit. The City recognizes the Association as the sole and exclusive representative of all employees in the unit described below. Section 1.2. Unit Description. All supervisory employees of the City of Miami Beach in the following classifications, excluding all other employees employed by the City of Miami Beach. Air Conditioning Supervisor Backflow Coordinator Beach Patrol Operations Supervisor Carpenter Supervisor Central Services Supervisor City Surveyor Communications Supervisor Crime Scene Supervisor Electrician Supervisor Electronics/Instruments Supervisor Fleet Operations Supervisor Lead Mechanic Maintenance Supervisor Metered Service Supervisor Paint Supervisor Park Operations Supervisor Parking Operations Supervisor Plumbing Supervisor Pumping Operations Supervisor Recreation Supervisor I Sanitation Operations Supervisor Senior Building Inspector Senior Engineering Inspector Service Supervisor Sewer Field Operations Supervisor Street Lighting Operations Supervisor Street Operation Supervisor Warehouse Supervisor Water Field Operations Supervisor Water Meter Supervisor 911 Communications Records Custodian The City and the Association agree that in the event the City substantially changes a job classification which remains within the bargaining unit or combines job classifications within the bargaining unit, the City will bargain with the Association upon their request concerning the appropriate rate of pay for the new, changed, or combined job. Until agreement is reached or impasse is resolved, affected employees will be paid as determined by the City. Upon agreement as to the rate of pay for the new, changed, or combined job(s), the agreed rate shall be retroactive to the date that the Association's request for negotiation was received by Management. The City agrees to provide the Union with a periodically updated list of employees who have been hired, promoted and/ or transferred into positions that are within the bargaining unit The parties agree that they will periodically review the job classifications and, if appropriate, file a joint petition to Public Employees Relation Commission (PERC) to determine which positions should be included or excluded from the bargaining unit. GSAF-6 872 ARTICLE2 DEDUCTION OF ASSOCIATION DUES Section 2.1. Check-off. Upon receipt of a lawfully executed written authorization from an employee, which is presented to the City by an official designated by the Association in writing, the City agrees during the term of this Agreement to deduct the uniform biweekly Association dues of such employees from their pay and remit such deductions to the Association Treasurer together with a list of the employees from whom deductions were made; provided, however, that such authorization is revocable at the employee's will upon thirty (30) days written notice to the City and the Association. The Association will notify the City thirty (30) days prior to any change in its dues structure. On January 1 of each year of this Agreement, the Association will remit to the City $100.00 as an administrative fee for the collection of dues by the City. Section 2.2. Indemnification. The Association agrees to indemnify and 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 nnder the provision of this Article. GSAF ~ 7 873 ARTICLE3 MANAGEMENT RIGHTS It is recognized that, except as stated herein, it is the right of the City to determine unilaterally the purpose of each of its constituent agencies, set standards of service to be offered to the public and exercise control and discretion over its organization and operations. The Association recognizes the sole and exclusive rights, powers, and authorities of the City further include, but are not limited to, the following: to direct and manage employees of the City; to hire, promote, transfer, schedule, assign, and retain employees; to suspend, demote, discharge or take other disciplinary action against employees for just cause; to relieve employees from duty because of lack of work, funds or other legitimate reasons; to maintain the efficiency of its operations, including the right to contract and subcontract existing and future work; to determine the duties to be included in job classifications and the numbers, types, and grades of positions or employees assigned to an organizational unit, department, or project; to assign overtime and to determine the amount of overtime required; to control and regulate the use of all its equipment and property; to establish and require employees to observe all applicable rules and regulations; to conduct performance evaluations; and, to determine internal security practices; provided, however, that the exercise of any of the above rights shall not conflict with any of the express written provisions of this Agreement. The Association, its officers, agents, and members agree that they will not interfere with Management in the performance of its duties. The City agrees that, prior to layoff of bargaining unit members, it will advise the Association. If, in its sole discretion, the City determines that emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, or similar catastrophes, the provisions of this Agreement may be suspended by the City Manager or his/her designee during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. Should an emergency arise, the Association President shall be advised, as soon as possible, of the nature of the emergency. GSAF-8 874 ARTICLE4 PROHIBITION OF STRIKES No employee, Association officer or agent shall instigate, promote, sponsor or engage in any strike, slow down, concerted stoppage of work or any other intentional interruption of the operation of the employer, regardless of the reason for doing so. Any and all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the City. Such discharge or discipline shall not be the subject of any grievance procedure or appeal procedure provided in the Agreement, except as to the question of fact. In the event of a strike, slow down, concerted stoppage of work, or other intentional interruption of the operations of the employer, regardless of reasons for doing so, the Association shall take direct and immediate action to the fullest extent of its power to bring about a cessation of such activities. The employees and the Association, individually and collectively, found to be in violation of this Article shall be liable for any damages or costs which might be suffered by the City as a result of a violation of the provisions of this Article, in accordance with law. GSAF-9 875 ARTICLE 5 ASSOCIATION REPRESENTATION AND EMPLOYEE RIGHTS Section 5.1. Association Representation 1) The Association may select up to four (4) employees from within the bargaining unit to act as Representatives. The Association will make a good faith effon that each employee comes from a different division and/ or work unit. The names of Association Representatives shall be certified, in writing, to the City Manager and/ or his or her designee for Labor Relations, as well as to concerned Department Directors. With the prior approval of concerned supervisors, the four (4) Representatives may use union time bank hours to attend grievance meetings, pre-discipline investigation meetings, and labor/management committee meetings without loss of pay for time spent during the Representative's regular work schedule. No more than two (2) Representatives may use union time bank hours at the same time. union The supervisor's approval will not be unreasonably withheld; provided, however, Representatives will conduct their business so as to not disrupt the normal activities of City Departments. Representatives are required to return to work and notify their supervisor immediately following or as soon as practicable after any such meeting being attended. 2) Up to four (4) employee members of the Association's bargaining team may attend contract negotiation sessions with the City during their assigned work hours without loss of pay. Each employee must come from a different division and/or work unit within the employee's department. 3) The Association may designate two (2) employees to attend City Commission meetings, Personnel Board Meetings, Pension Board Meetings or other City meetings when a matter direcdy relating to the Collective Bargaining Agreement is on the Agenda of the City meeting during his/her regular work hours without loss of pay, provided that neither Representative shall attend the same meeting as the other Representative at the same time. Prior approval must be given by the Representative's supervisor. The Representative is required to return to work and notify their supervisor immediately or as soon as practicable after the particular matter relating to the Collective Bargaining Agreement has been addressed. 4J Any absence provided for herein shall be subject to the prior written request by the Representative at least twenty-four hours prior to such meeting and requires the approval of the employee's supervisor. The supervisor's approval will not be unreasonably withheld; provided, however Representatives will adhere to the aforementioned request notification procedures. Employees shall not be paid overtime for attendance at any meeting discussed in this Article. Approval to attend emergency meetings may be granted verbally and within the twenty-four (24) hour timeframe. 5) A maximum of two (2) delegates of the Association's four ( 4) Representatives will be granted a leave of GSAF-10 876 absence with pay not to exceed five {5) business days per delegate (for a total of ten {1 0) business days) per calendar year, for the putpose of attending State and International union conventions. The two (2) delegates shall not be from the same division and/ or work unit. Leaves of absence shall not exceed ten (10) business days in total in any calendar year. Business days shall be defined as Monday through Friday, excluding City recognized holidays and are not permitted to be taken in any two (2) consecutive workweeks. All requests for leave shall be submitted to the Office of Labor Relations by the Association's President. The Association's President shall provide supporting documentation for the dates and locations of any such conventions a minimum of eight (8) weeks in advance for any leaves of absence requested. The Office of Labor Relations shall forward all granted leaves of absences to the appropriate department director and/ or direct supervisor so that the department directors can make appropriate arrangements. 6) The Association shall have the right to send one (1) of its four ( 4) designated Representatives authorized with pay to attend and participate in City-wide employee orientations for new hires whose classification is represented by the Association, provided that attendance is only permitted for the portion of the Citywide employee orientation where Collective Bargaining Units are permitted to address the attendees. The Representative is required to return to work immediately or as soon as practicable after the particular matter relating to the Association has ended. Section 5.2. Employee Rights. 1) An employee is entitled to request that a single Association Representative be permitted to attend all formal interviews where the City's representative intends to gain information &om the employee being interviewed that may result in disciplinary action against the employee. The employee shall be informed of the nature of the interview, the alleged conduct being investigated, and if requested by the employee, given a reasonable period of time prior to the interview to contact an available Association Representative, provided that the interview is not reasonably delayed. 2) No disciplinary action which results in loss of pay shall be taken against an employee unless he/ she is notified of the action and the reason(s) for such recommended action given in writing prior to the action. Notice in writing shall be given to the employee as soon as practicable but no more than forty-five (45) days after the date of the alleged incident, along with a copy provided to the Association. 3) Management will adhere to progressive discipline where appropriate. 4) Written "verbal warnings" shall not be kept in an employee's personnel file maintained in Human Resources unless it is a document supporting formal disciplinary action (i.e. suspension/termination). If an employee receives two (2) or more written verbal warnings for a similar action and/ or behavior during the time period GSAF -11 877 ------------------ being assessed for the employee's Annual Performance Evaluation, the written verbal warning shall be used in that particular employee's Performance Evaluation. 5) No employee shall be retaliated against or threatened with retaliation by reason of the employee to exercise their rights set forth in this Agreement. 6) The City and the Association agree not to interfere with the rights of an employee to become or not become a member of the Association. T) Upon reasonable request, an employee shall have the right in the presence of the appropriate representative of the City, to review and copy all or a portion of the employee's official records which are a part of the employee's personnel file maintained by Human Resources or the employee's personnel file maintained by the employee's Department. The City may charge a reasonable fee for copying in accordance with Chapter 119, Florida Statutes, but under no circumstances will the City charge the employee for labor fees associated with the request. GSAF-12 878 ARTICLE6 GmEVANCEPROCEDURE Section 6.1. Purpose. It is recognized that complaints and grievances may arise between the bargaining agent and the employer or between the employer and any one or more employees concerning the application or interpretation of any provision of this Agreement. The employer and the bargaining agent desire that these grievances and complaints be settled in an orderly, prompt and equitable manner so that the efficiency of the City of .Miami Beach may be maintained and the morale of employees not be impaired. Every effort will be made by the employer, employees, and bargaining agent to settle the grievances at the lowest level of supervision. The initiation or presentation of a grievance by an employee will not adversely affect his/her standing with the employer. Further, it is agreed that the Association may process grievances, advise, or participate in meetings or interviews on behalf of its members, subject to the provisions of this Agreement or as otherwise provided for under State and/ or Federal law. No reprisals of any kind will be made by agents of the City against the grievant(s) or the Association's Representatives by reason of such participation in the processing of their grievance. Similarly, the Association, its officers or agents, shall not impede, malign, or delay the City or Management's representative in their duties during the investigation or processing of said grievance. The parties agree that the grievance/ arbitration process set forth in this Agreement shall be the sole and exclusive method of resolving all grievances by bargaining unit employees. Employees covered by this Agreement shall no longer be able to file an appeal or grievance via the City's Personnel Board procedure for any issue/matter, and the parties agree that the Personnel Board shall not have any jurisdiction to hear any grievance or appeal filed by the bargaining unit or any bargaining unit employee regarding discipline or any other issue or matter. If, during the term of this Agreement, the City creates an alternative dispute resolution process, then the parties agree to meet and discuss whether that alternative dispute resolution process may be used by the bargaining agent and/ or bargaining unit employees via a binding Election of Remedies in lieu of the contractual grievance process. Section 6.2. Definitions. a) Grievance - a grievance is a dispute involving the interpretation or application of the express terms of any provision of this Agreement, excluding matters not covered by this Agreement or where Personnel Board rules and regulations are involved. Disciplinary actions, including discharges, may be grieved under this Article, as provided herein. Grievances regarding certain non-disciplinary matters, such as disagreements as to the meaning or application of or changes to Personnel Rules or other work rules or policies, may be ftled by the bargaining agent via the contractual grievance process, provided however, that such grievances shall be eligible for GSAF-13 879 processing only to Step III of this grievance process, and that the City Manager's (or designee's) decision at Step III shall be final and binding and shall not be subject to arbitration or any other further appeal. Grievances regarding questions of other non-disciplinary/ contract interpretation matters shall be subject to the requirements of this grievance and arbitrator procedure. b) Aggrieved Employee{s) -the employee( s) filing the grievance or causing the grievance to be filed. c) Immediate Sypervisor-the individual having immediate supervisory authority over the aggrieved employee(s). d) Division Head -the head of the division in which the aggrieved employee(s) works. e) Department Head-the head of the department in which the aggrieved employee(s) works. f) Days -days as referred to as time limits herein shall mean working days (i.e., Monday through Friday, exclusive of scheduled holidays). Section 6.3. Special Proyisions. a) The time limits set forth herein may only be extended and/or modified by written agreement. The City Manager or designee may agree to a written extension of the grievance time limits, on behalf of the City, at any step in the grievance process. b) If the employer violates any time limits, the bargaining agent may advance to the next step without waiting for the employer's response. If the Association or the grievant(s) fail to initiate or move the grievance through the grievance procedure, in accordance with the time limits set forth herein, it shall be deemed untimely and considered withdrawn. c) The parties acknowledge that, as a principle of interpretation, employees are obligated to work as directed while grievances are pending; except where the safety of a working condition or health of the employee(s) is the basis of the grievance. d) The aggrieved employee shall be allowed to be present at the various formal steps of the grievance procedure, including arbitration. To the extent said employee is on his/her regular work schedule, he/ she may attend without loss of pay for those actual hours during their regular work schedule. e) The Association shall designate in writing to the City the name of one individual who shall be GSAF -14 880 designated as the Chief Steward, whose function shall be to assist the bargaining Wlit members in the processing of complaints and grievances under this procedure. In order to investigate, discuss and process grievances, the Chief Steward must request and receive written permission twenty-four (24) hours in advance but it may be less than twenty-four (24) hours in emergencies. Pursuant to Section 5.1 (1) herein, the Chief Grievance Representative is required to return to work and notify their supervisor immediately following or as soon as practicable after any such meeting being attended for grievance matters. f) An employee may request Association representation in accordance with the provisions of this Agreement at each and every step of the grievance procedure set forth in this Agreement. g) The bargaining agent, in accordance with its own lawful internal rules, shall have the sole and exclusive right to determine whether any grievance warrants processing through this arbitration procedure. In the event the bargaining agent determines at any step of the grievance procedure that a grievance does not warrant processing, a written notification of that determination shall be sent to the City Manager's designee for Labor Relations, with a copy to the employee(s) involved who shall then be free to process it themselves or through legal counsel up through Step III only (except in cases of certain disciplinary actions as noted herein). h) If the bargaining agent has declined to process or further process any grievance presented to it, and if any employee, or group of employees, desires to process it or further process their own grievance through this procedure (subject to the limitations set forth herein), the bargaining agent shall be sent copies of all written communications sent by the employer or the employee(s) involved. Further, nothing herein contained shall be construed to prevent any public employees from representing, at any time, their own grievance in person or by legal counsel to the employer, and having such grievance( s) adjusted without the intervention of the bargaining agent, provided however, that the adjustment is not inconsistent with the terms of the collective bargaining agreement then in effect; and provided further that the bargaining agent has been given notice and a reasonable opportwlity to be present at any meeting called for the resolution of such grievances. i) The bargaining agent shall not be responsible for any costs (including arbitration costs) attendant to the resolution of any grievance(s) it has not processed. j) The parties acknowledge that multiple grievances may be combined at any stage of the grievance procedure where the class of aggrieved employees is clearly defined and the subject matter of the grievances is the same or similar. GSAF-15 881 k) At Step I, all formal grievances shall be presented on the Grievance Form provided by the City. The grievance shall include the date of the alleged violation, the specific article and section grieved; a brief description of the grievance, and the remedy requested. The Election of Remedy Form shall be attached to the Step I grievance. 1) Verbal warnings may be grieved only through Step I of this procedure. Written warnings may only be grieved through Step II of this procedure. Section 6.4. Election of Remedies. It is agreed by the Association that employees covered by this Agreement shall make an exclusive election of remedy prior to filing a Step I grievance or initiating action for redress in any other forum (to the extent that any other such pwcess is available). Such choice of remedy will be made in writing on the Election of Remedy Form to be supplied by the City. The Election of Remedy Form will indicate whether the aggrieved party or parties wish to utilize the grievance procedure contained in the Agreement or initiate action for redress before a governmental board, agency, or court proceeding (to the extent that such other process is available). Selection of redress other than through the grievance procedure contained herein shall preclude the aggrieved party or parties from utilizing said grievance procedure for adjustment of said grievance. If applicable, the Election of Remedy Form shall be attached to the Step I grievance. GRIEYANCE STEPS: STEP I a) The grievance shall be filed within fifteen (15) days of the alleged violation, misinterpretation or misapplication of the terms and conditions of employment set forth in this Agreement. b) The grievance shall be filed with the division head in writing, on the Grievance Form as provided by the City, and as agreed herein, and shall state the specific article, section and language alleged to have been violated. If applicable, the Election of Remedy Form shall be attached to the grtevance. c) The division head or his/her designee shall note the date of receipt of the grievance on the Grievance Form, and shall schedule a meeting with the aggrieved employee to take place within ten (10) days of receipt of the grievance. d) Within ten (10) days of the meeting, the division head shall render a decision and shall immediately conununicate that decision in writing to the aggrieved employee, the bargaining agent, the department head and the City Manager's designee for Labor Relations. GSAF-16 882 ----···--------------~------- e) The aggrieved employee( s) and/ or the bargaining agent may appeal the decision of the division head within ten (1 0) days of receipt of the decision. f) The appeal shall be submitted in writing on the Grievance Form to the department head. Failure to appeal the decision of the division head within ten (10) days shall constitute acceptance by the aggrieved employee(s) and the bargaining agent of the decision as being a final resolution of the issues raised. STEP II a) If the aggrieved employee(s) appeals the decision, the department head shall schedule a meeting to take place not more than ten (10) days after receipt of the appeal. The bargaining agent shall be advised in writing as to the date of the proposed meeting, and shall have the right to send one (1) observer to the proceedings if the bargaining agent is not involved in the actual representation of the aggrieved employee(s). b) Within ten (10) days of the meeting, the department head shall render a decision and shall immediately communicate that decision in writing on the Grievance Form to the aggrieved employee(s), and to the bargaining agent and the City Manager's designee for Labor Relations. c) The aggrieved employee(s) may appeal the decision of the department head within ten (10) days STEP III of receipt of the decision. The appeal shall be communicated in writing to the City Manager or his/her designee for Labor Relations on the Grievance Form and shall include copies of all pertinent documentation. Failure to appeal the decision of the department head within ten (10) days shall constitute acceptance by the aggrieved employee(s) and the bargaining agent of the decision as being a final resolution of the issues raised. a) If the aggrieved employee and/ or a Representative of the bargaining unit appeals the decision, the City Manager, or his/her designee for Labor Relations, shall schedule a meeting with the aggrieved employee to take place within fifteen (1 5) days after receipt of the appeal b) Within fifteen (15) days of the meeting, the City Manager or his/her designee for Labor Relations shall render a decision and shall immediately communicate that decision in writing to the aggrieved employee and the bargaining agent. c) Failure to appeal the decision rendered in Step III within fifteen (15) days (for matters that are subject to the arbitration procedure) by notice of intent to submit to arbitration shall deem the GSAF-17 883 decision at Step III to be final and no further appeal will be pursued. Section 6.5. Arbitration. If the employer and the aggrieved employee(s) and/or the bargaining agent fail to resolve the grievance, the grievance may be submitted to final and binding arbitration by an impartial neutral mutually selected by the parties, provided that the grievance involves a matter that is subject to the arbitration process. However, the parties agree that the bargaining agent maintains the exclusive right to determine whether any grievance concerning a non-disciplinary matter (that is outside the scope of Section 6.2 (a)) should be taken to arbitration under this procedure. In cases involving the issuance of certain disciplinary actions (i.e., only suspension without pay, disciplinary demotion, or termination), the parties agree that an individual employee who is not represented by the bargaining agent may elect to proceed to arbitration under this procedure, provided that the employee shall be responsible for all costs and fees related to presenting his/her case. a) Notice of intent to submit the grievance to arbitration shall be communicated by the office of the Association President in writing to the office of the City Manager's designee for Labor Relations within fifteen (15)tetl fifteen(~) days of the receipt of the decision at Step III. Any request to go to arbitration on behalf of the employer is to go to the Association President. b) Within fourteen (14) days after written notice of submission to arbitration, the parties will agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified time, a request for a list of five (5) arbitrators shall be submitted to the Federal Mediation and Conciliation Service. Both the City and the Association shall have the right to strike names from the panel. The striking of names from the list of proposed arbitrators shall be accomplished by having the parties alternately cross out names on the list. The arbitrator shall be notified of his/her selection within five (5) days by a joint letter from the City and the Association requesting that he/ she set a time and place for a meeting, subject to the availability of the City and the Association. c) The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the provisions of this Agreement. He/She shall consider and decide only the specific issue submitted to him/her in writing by the City and the Association, and shall have no authority to make a decision on any other issue not submitted to him/her. The arbitrator shall submit in writing his/her decision within thirty (30) days following 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/her interpretation of the GSAF-18 884 meaning or application of the express terms of this Agreement to the facts of the grievance presented. Consistent with this Section, the decision of the arbitrator shall be final and binding. e} All arbitration costs, including the cost of stenographic reporting of the arbitration hearing, if agreed to by the parties, shall be divided equally between the employer and the bargaining agent (or the employee in cases where the bargaining agent is not representing the employee). Each party will pay the cost of presenting its own case, including the cost of attorney fees and witnesses. Section 6.6. Differences Conceming Personnel Rules. A difference of opinion with respect to the meaning or application of the Personnel Rules which direcdy affects wages, hours, or working conditions may be submitted through Step III of the grievance process as set forth in Section 6.2 (a). The Personnel Rules are incor;porated herein. unless otherwise specifically provided for in this agreement. GS.AF-19 885 ARTICLE7 HOURS OF WORK AND OVERTIME Section 7.1. Normal Worl«lay. The normal workday shall consist of eight (8) hours of work, exclusive of the lunch period, in a twenty-four (24) hour period, unless some other workdays are specifically authorized by the City Manager. Section 7.2. Normal Workweek The normal workweek shall consist of forty (40) hours per week, and such additional time 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 fttst regular shift each week. No schedule changes involving shifts or days off shall be made without at least ten (10) workdays' notice to the employees involved, provided that in an emergency, or other such reason justifying a temporary schedule change only, such notice as is practicable shall be given. The implementation of this provision shall not be arbitrary and capoc1ous. Section 7.3. Rest Periods. Employees may take a rest period of fifteen (15) minutes for each half-day of work. Daily rest periods shall be scheduled by the supervisors. \Vhenever practicable, the rest period will be scheduled approximately mid-point in the first one-half of the employee's regular work shift and in the second half of the employee's regular work shift. Employees who extend their rest period are subject to disciplinary action. However, upon the request of an employee and with the approval of the employee's supervisor, the two (2) fifteen (15) minute rest periods, may be combined with the employee's thirty (30) minute meal break, providing for a sixty (60) minute meal break. Should such occur, no additional rest periods will be provided to the employee during their regularly scheduled shift. For each additional four (4) hours worked beyond the regular shift, an additional fifteen (15) minute rest period shall be provided. Employees in PSCU shall enjoy a fifty (SO) minute meal break and a ten (1 0) minute rest period which, upon request of an employee and with the approval of the supervisor, will be combined into a sixty (60) minute meal break. The combined si.xt;:y (60) minute meal break is provided in lieu of not in addition to, the two (2) fifteen (1 S) minute rest pcnods. Section 7.4. Reporting Pay. A full-time employee who reports to work as scheduled will be guaranteed eight (8) hours of work or eight (8) hours of pay; provided, however, that supervisors may assign employees to perform any reasonable work;:, GSAF-20 886 Section 7 .5. Overtime. It is understood that the City may require necessary and reasonable overtime for unit members. Where employees are eligible for overtime pay under the Fair Labor Standards Act (ELSA), for all hours worked in excess of forty 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. Annual leave, Holiday leave, and other paid leave shall be considered as time worked for the pw:pose of computing overtime; but sick leave shall not. Effective October 1. 2013 only actual hours worked shall be considered for the purposes of computing overtin1e. Paid leave. including but not limited to annual. holiday. sick. family and medical (FML\). bmhday. floater. bereavement and administrative leave shall not be considered as time worked for the purvose of computing overtime. This provision shall take effect provided the same terms are accepted by or inlposed upon the American Federation of State. County and Municipal Employees (AFSCME) Local~ o. 1554 collective bargaining unit in its 2013-2016 collective bargaining agreement. For all hours worked on an employee's seventh consecutive workday within his/her workweek, the City shall pay two (2) times the employee's straight time hourly rate of pay, provided the employee has worked his/her full shift on each of the six (6) preceding workdays; provided that paid leave will not be considered as time worked for the purpose of this Section, with the exception of the Public Safety Communication Unit (PSCU). This provision shall not be applicable if a substantial number of employees are scheduled to work seven (7) consecutive workdays because of an emergency such as a hurricane. Section 7.6. Distribution of Overtime Opportunity. Opportunity to work overtime shall be distributed as equally as practicable among employees in the same job classification in the same work section and area starting with the most senior employee, provided the employees are qualified to perform the specific overtime work required. Seniority for the pw:pose of this subsection shall mean length of continuous service with the City. Overtime opportunities shall be accumulated on adequate records (which shall be available to the employees) and offered overtime not worked shall be considered as worked in maintaining these records. If any qualified employee establishes that he/ she has not received his/her fair share of overtime opportunities, such employee shall have first preference to future weekly overtime work until reasonable balance is recreated. GSAF-21 887 Employees who have been credited for overtime hours not worked shall not be discriminated against with respect to future overtime opportunities. Section 7. 7. Call Back Pay. An employee who is scheduled or called in to work outside of his/her nonnal hours of work will be guaranteed four (4) hours of wotk or (4) four hours of pay. It is understood that call-in pay shall not overlap with an employee's regularly scheduled shift. Section 7.8. (a). Stand By Pay. Employees expressly assigned to standby status shall receive two (2) hours of straight time as a Standby bonus for each day of that assignment. Employees will not be paid both the Standby bonus and Call Back pay for the same day (i.e., if called in while on Standby status the employee will be paid only the Call Back pay). The Standby bonus is not considered hours worked for determining overtime. Standby shall be assigned in the City's sole discretion. Employees assigned to standby must respond to any call within ten (1 0) minutes and must be available to report to the work-site within thirty (30) minutes (or some other reasonable period of time as determined based upon the circumstances). Failure to meet these requirements (as may be modified in the City's sole discretion), or other requirements related to standby assignments that may be determined necessary by the City, shall result in forfeiture of the Standby bonus, and possible disciplinary action, based on the circumstances of each case. Section 7 .8. (.b). Stand By Pay. Employees in the--Public Works -Operations. the Property Management Division and the Fleet Management Division not expressly assigned to standby status who are contacted via telephone outside of their normal hours of work will receive two (2) hours of straight time as a Standby bonus; provided, however, the employee will not be paid both Standby bonus and Call Back pay for the same day (i.e., if called in as a result of a telephone conversation, the employee will be paid only the Call Back pay). Any such telephone conversation must be initiated only by the Public W'orks Director, Property Management Director or the Fleet Management Director or their designee. Section 7.9 No Pyramiding. Premium pay and overtime shall not be paid for the same hours. The employee shall receive the greater of the two alternative premiums. GSAF-22 888 ARTICLES WAGES & FRINGE BENEFITS Section 8.1. Wages. The City of Miami Beach classification and pay system will be utilized under this contract. This includes salary range changes, job audits, and market classification studies. This does not include cost-of-living increases. No change shall take place until the Union President or his/her designee concurs. No bargaining unit member who left the City's employ prior to the date of ratification of this Agreement by both parties will be eligible for any wages or benefits under this Agreement. No decision made within the context of this provision shall result in a lower grade, the removal of a job classification from the bargaining unit, nor shall said decision result in an exemption from FLSA overtime requirements. I a) Effective the first (1•') pay period ending in October 200912 there shall be no across-the-board wage increase for any bargaining unit positions. I b) Effective the first (1 '') full pay period ending in October 20-W.U, there shall be no across-the-board wage increase for any bargaining unit positions. e+---Effective the first (1st) full pay period ending in October 20++14, rhefe slta:Hee no ft€WSJ tht eeMti <\'age 67f.L__Effew¥e "ith the fl:l!st fttH J"ftj" flerioa et:tding ,\pnl2012, there shall be an across-the-board wage increase of three percent (3%) for all GSAF bargaining unit positions. In addition, the minimums and maximums of each job classification range will be increased by three percent (3%), accordingly. Within sixty (60) days of an employee's merit review date, the employee's Department shall complete a Performance Evaluation and forward it to Human Resources. The Evaluation shall be completed in accordance with the policy established by Human Resources. Failure to complete a Performance Evaluation within sixty (60) days will result in an automatic two percent (2%) salary increase. Performance Evaluation increases may total no more than two percent (2%). Employees who receive a score of sixty (60) -above shall receive a two percent (2%) increase on their merit review date. If an employee's merit rating score does not qualify him/her for a merit increase, the employee shall not receive any merit salary increase; however, said employee may grieve the evaluation up to Step III under the provisions of this Agreement. GSAF-23 889 Ho~e' ef, fer the period of Oetobel" 1, 2009 tmet~gh Sertembel' JO, 2011, tfiere sfial-l bene ffierit s!l:lRry met'eftse~ for Rtt) flRI"gainffig tltl:i:t ctaplej ee:l. bfket1¥c the fl:fst (1"') full p!i) ptaBd ffi Oetebet" 2011,_thme bsr~;R:Hlffi.g uffit el'l'lf>leyee~ "'ho I:J:d!llify Hllt; be eligible for a mefit salary ffiereR:~e up to 11 ffiuifflum ef t\vo peieent (2%), depeHclffig oft the employee's scmt reeei. ecl on tl.eir R:Hfl:ttal perforH±anee a:pprltisal !13 desenbecla:bo, e ir:; this Seet:i:ofl:. Section 8.2. Holidays. The following fourteen (14) days shall be considered holidays: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day following Thanksgiving, Christmas Day, Dr. Martin Luther King's Birthday, three (3) floating holidays, and the Employee's Birthday. Employees shall become eligible for floating holidays and the Birthday Holiday upon completing six (6) months continuous service with the City. Section 8.3. Holiday Pay. a) Whenever any of the holidays listed in Section 8.2. Holidays, of this Agreement fall on a Sunday (or Monday for employees whose regular day off is Monday), the following workday shall be observed as the official holiday; whenever any of the above listed holidays occur on a Saturday (or Friday for employees whose regular day off is Friday), the preceding workday shall be observed as the official holiday. In such cases, the day on which the holiday is observed shall be considered to be the paid holiday and not the regular day. City celebrated holidays that fall on Tuesday, Wednesday, or Thursday, and said holiday is on the employee's regular day off, then the employee shall receive a day's pay for said holiday, if they meet all of the qualifications contained herein. b) To be eligible for a paid holiday, an employee must report for scheduled work on the holiday if applicable, on the last scheduled day preceding the holiday and the fttst scheduled day following the holiday unless such absences are excused. To qualify for Holiday Pay, excused absences are defined as: 1) an employee calls in sick and is eligible to receive paid sick leave, and who is granted sick leave usage; 2) approved annual leave; 3) floating holiday; 4) birthday; 5) bereavement. GSAF-24 890 c) Whenever an observed holiday occurs on an employee's scheduled day off and the employee does not work thereon, the employee shall receive for his/her normal workday a straight time hourly rate of pay for the holiday. d) For work on a holiday falling on a non-job basis employee's regularly scheduled work day, he/ she shall receive holiday pay for the holiday and time and one half for the hours worked. e) Should a non-job basis employee be required to work on a holiday falling on his/her day off, he/ she shall receive holiday pay for the holiday and shall receive pay at double time and one half rate for the hours worked. t) Failure to report for work on, before, after, or during the holiday after having been scheduled to work on such holiday shall be just cause for denial of holiday pay. g) A holiday which is observed during an employee's regularly scheduled workweek shall be considered as time worked for the purpose of computing overtime for non-job basis employees. ~ Effective October 1. 2013. only actual hours worked shall be considered for the purposes of computing overtime. Paid leave, including but not limited to annual. holiday. sick, family and medical ['MLA). birthday. floater. bereaYement and administrative leave shall not be considered as time worked for the purpose of computing overtime. This provision shall take effect provided the same terms are accepted by or imposed upon the American Federation of State. County and Municipal Employees (AFSCME) Local No. 1554 collective bargainin~ unit in its 2013-2016 collective bargaining agreement Section 8.4. Meal Allowance. An employee who works three (3) or more hours of overtime that is contiguous with his/her shift shall be paid a seven dollars ($7.00) meal allowance. In the event of emergency conditions or if employees are supplied with a meal while working the overtime hours, the meal allowance, as provided under this Section, shall cease. Section 8.5. Bereavement Leave. In case of death in the immediate family of an employee, time off with straight-time pay will be allowed for up to two (2) scheduled workdays per death. An additional three (3) days may be granted, for a maximum of five (5) days off, if approved by the Department Head. The three (3) additional days off may be charged to the employee's accrued sick or vacation time, and shall not be counted against the employee for the purposes of performance evaluations ratings. The immediate family shall be defined as father, mother, husband, wife, sister, brother, son, daughter, grandchild, GSAF-25 891 grandfather, grandmother, mother-in-law, father-in-law, stepfather, stepmother, stepson or stepdaughter, or domestic partner (as defined in the Domestic Partner Leave Ordinance). In the case of a death of a member of the employee's family not herein specified but who lived with the employee's family at the time of his/her death, consideration will be given to the employee's request to use accrued annual leave or floating holidays to attend the funeraL Upon request, an employee may be required to provide verification of his/her relationship to the deceased and of the death. Section 8.6. Unpaid Leaves. Leave of absence without pay may be granted in accordance with the City of Miami Beach Personnel Ru1es. Section 8. 7. Juty Duty. The City of Miami Beach shall permit employees either to keep payments received from Courts of competent jurisdiction for being on jury duty, or in the alternative, their standard rate of pay, whichever is higher. For each day an employee is called to jury duty, he/ she shall be excused from work for such time as is necessary to complete jury duty service. Employees are expected to return to work upon being released from jury duty during the work shift. However, if three (3) hours or less are left in the employee's work shift at the time that the employee is released from jury duty, the employee shall immediately contact his/her immediate supervisor for instructions as to whether he/ she should return to work for the remainder of that shift. Section 8.8. Uniforms. For the term of this Agreement, the City will provide uniforms (i.e., a full uniform set shall include a long or short sleeve shirt and long or short pants) to bargaining unit employees who are required to wear them. Employees will be issued 5 sets of new uniforms (4 sets if the employee works a 4 day work week) in April of each year. New employees will be issued five (5) sets (or four (4) sets depending on the employees schedu1e) of uniforms upon entry into the bargaining unit. If an employee has been employed in the bargaining unit position for six (6) months or less when additional new uniforms are issued in April, then the additional new uniforms will not be issued to the employee at that time, but the employee will be issued a complete set of new uniforms in the following April. The composition of the uniform shall be determined by the Department Director after consultation with the Association. The uniforms issued shall be chosen based on considerations of employee safety and comfort, as well as cost. Issued uniform items (i.e., a shirt or pants) will be replaced on a timely basis by the Department upon the employee's presentation of worn or damaged uniform items provided, however, employees shall receive no more than two (2) additional replacement uniform~ items (up to 2 shirts and/ or 2 pants) each year. Each Department shall provide necessary safety/foul weather gear, as appropriate. 1be Beach Patrol Operations Supervisor shall be provided with one (1) sweat suit per year. GSAF-26 892 I All GSA_E Employees will receive one (1) uniform jacket during year three (3) of the term of this contract. The vendors will deliver the uniforms in the month of April of each year for the term of this Agreement. Section 8.9. Safety Shoes. Employees in the following job classifications will be required to wear safety shoes during all working hours. A safety shoe certificate will be provided to those employees in the following job classifications for the purchase of safety shoes meeting ANSIZ41 Federal Safety Standards. Wben due to extreme wear and tear or accidental destruction, a replacement pair of safety shoes is required, the City will grant an additional shoe certificate for the purchase of a replacement pair of safety shoes when the destroyed or irreparable pair of safety shoes is turned in to the Department. The Department Director, or his/her designee, shall issue the certificate for the replacement pair of safety shoes on the basis of need and not on an automatic basis. Further the replacement of worn heels and/ or soles on the safety shoes shall be the responsibility of the employee and not the City. Those employees in the following classifications will make his/her safety shoe selection from a predetermined list of safety shoes, which will be developed by ag Association/Management Committee comprised of two (2) Association representatives and three (3) Management representatives. Air Conditioning Supervisor City Surveyor Electrician Supervisor Electronics I Instruments Supervisor Fleet Operations Supervisor Maintenance Supervisor Metered Service Supervisor Parkit1~ Operations Supervisor Park Operations Supervisor Paint Supervisor Plumbing Supervisor Pumpmg Operations Supervisor Senior Building Inspector Senior Engineering Inspector Sewer Field Operations Supervisor Street Lighting Operations Supervisor Street Operation Supervisor Warehouse Supervisor Water Field Operations Supervisor Water Meter Supervisor It i~ mu:ieFCitootl sfl:tl s"'eetl tbst tbe C.ity "'illsdMflt 11 piiot pro?;f111H COHEtl'niflg the issttaHee of a .:llfety shee eerti&eate to tlune erHplo3·ees tflat are required to wear sftfety shoes. It is the City's intent that the safety shoes selected and approved by the Safety Shoe Committee shall not be significantly inferior in quality to the safety shoes currently be1ng offered to employees. Efle tt!e eitflef party "'ic~h to terfniflate the pidot pro~ram, Roa&eatiofi sha±l 'Be pro<"ided in wfi<ing to llie other puty retjtle~tffig a feopefl:er fnr yesr 2 sHe/or year 3 of tht ettrl'eHt Col.Jeetive "BargMitiftP.; ),~FeemeHt (201 0/2011 and/or 2011 /?012). GSA.F-27 893 Employees receiving the safety shoe certificate will be required to purchase and wear the safety shoes during all working hours, and will be subject to up to the loss of a day's pay for each day that the employee reports to work and fails to wear the required safety shoes. Action taken against the employee under this Section shall not be appealable to the Personnel Board or grievable under this Agreement. Section 8.10. Shift DifferentiaL W'here a majority of an employee's regularly assigned shift hours fall between 3:00p.m. and 11:00 p.m., the employee shall receive a shift differential of forty five cents ($.45) per hour for work performed after 3:00 p.m. W'here a majority of an employee's regularly assigned shift hours fall between 11:00 p.m. and 6:30 a.m., the employee shall receive a shift differential of fifty-five cents ($.55) per hour for work performed after 11:00 p.m. Section 8.11. Rate of Pay When Workin2' Out of Classification. An employee may be required to temporarily work out of his/her classification when directed by Management. Temporarily is defined as an employee who is clearly and definitely performing the principal duties in a higher pay classification for more than two (2) hours per day, and they shall not exceed 580 hours in a 12-month period, and shall be paid as follows, except at the sole discretion of the Human Resources Director, he/ she may waive the 580 hour cap if in his/her judgment, it will best serve the needs of the City service: a) If he/ she is temporarily working in a lower classification, he/ she shall receive his/her hourly rate in his/her regular classification. Employees will not be assigned to lower classification work as punishment or to demean the employee. b) If he/she is temporarily working for two (2) or mote consecutive hours in a higher paying classification, he/ she shall be paid an hourly rate of one dollar ($1.00) per hour to be added to the employee's straight-time rate of pay. Employees being trained with on-site supervisory assistance in a bona-fide training program for a higher paying classification will be paid their current rate in their regular classification during such training time. Section 8.12. Paid Leave. Full-time bargaining unit employees shall earn and be paid for sick leave and vacation leave in accordance with Ordinance No. 1335 provided, however that: A medical certificate, signed by a licensed physician, shall be required to substantiate a request for sick leave when: a) a supervisor suspects abuse of sick leave because of a developing pattern (e.g., frequent sick leave GSAF-28 894 usage of less than one shift in a continuing twelve (12) month period, employee denied annual leave and subsequently claims illness, etc.). The Supervisor shall inform the employee that a doctor's excuse will be required in order to "approve" any further use of sick leave. Such requirement shall be reviewed by the Human Resources Department at the end of six (6) months to determine if it is necessary that it continue; or b) the illness occurred while the employee was on vacation leave and a request is made to credit sick leave instead of vacation; or c) an employee has been absent from work for more than five (5) consecutive workdays. d) the sick leave is during an emergency, such as a hurricane. The grant of emergency leave as provided for in the City's Work Rules may be denied, if an employee does not provide evidence satisfactory to his/her supervisor that the cause of the absence was an emergency. Section 8.13. Perfect Attendance Bonus. Full-time employees who perform the full scope of their regularly assigned classification for the full term of each Fiscal Year covered by this Agreement (i.e., 20tl912/2().:l.Bll; 2CH-BU/21H-H.1; 20H14/20-h!J2), shall receive a lump sum bonus of three hundred dollars ($300.00), (non- pensionable earnings) provided that they have not used sick leave or been absent for any reason that was not authorized at least forty-eight (48) hours in advance. An employee will also be allowed two (2) incidents of tardiness and one (1) emergency vacation. This bonus shall be paid in December of each year of the contract. Section 8.14. Part-Time Employees. Notwithstanding any other provision in this Agreement, bargaining unit employees who work part-time schedules shall earn fifty percent (50%) of sick and vacation leave credits earned by full-time employees. Pay for absences due to illness or vacation shall be for approved hours absent from scheduled assignments. Payoffs for sick and vacation balances at separation, bereavement leave, and holiday pay shall also be provided at the rate of fifty percent (50%) of that afforded to full-time employees. Section 8.15. Sick and Vacation Leave Accrual and Maximum Payment on Tennination. All employees covered by the agreement and hired after October 1, 1978 shall, under applicable ordinances, rules and regulations: be allowed to accumulate no more than 500 hours of vacation leave except in accordance with provision for postponement of vacation leave; be permitted to transfer sick leave in excess of 360 hams to vacation leave at the rate of two (2) days of sick leave to one (1) day vacation leave to be used in the pay period year when transferred, be permitted a maximum payment time at termination, death, or retirement of 620 hours vacation leave and one- GSAF -29 895 half of sick leave to a maximum of 600 hours. Section 8.16. Pay for Hazard Duty. Employees working hazard duty will be paid $1.00 an hour for time actually spent in these activities. Hazard duty applies to the following activities: A) Spraying hazardous chemicals (1 Le 6eflfl:i1::iel'l: ef "hHazardous materials!! shall be ee!'lsistel'l:t "-irh rLe Etl!ft l'l:t eefHtiMe!'l !IS ef rati:He!ltton identified in the Material Safe tv Data Sheet (MSDS) and/or Product Safety Data Sheet (PSDS)). B) Diving with scuba gear C) Working in trenches five (5) feet in depth or greater D) Working in raw sewage E) Working forty (40) feet or higher on aerial lift operations. Section 8.17. Essential Personnel (Hurricane Pay). When the City declares an emergency due to a named hurricane and other events and non-essential personnel employees are advised to stay home with pay and essential personnel employees are ordered to work, essential personnel employees shall be paid at the rate of one and one- half of their straight hourly wages for all hours worked for up to three (3) days. Section 8.18. License(s) Maintenance. Three (3) positions in Property Management (Air Conditioning Supervisor, Electrician Supervisor, and Plumbing Supervisor) and one (1) posicion in Public Works (Electrician Supervisor) will receive a supplement of three hundred dollars ($300) biweekly for using their license as a qualifier. The supplement will start when the employee's license is approved by the Licensing Board. The supplement will continue until either party requests a change of status to remove the qualifier or if the license expires. The City will fill out the appropriate forms in a timely fashion and send a copy of the completed form to GSAF. As one of the conditions and responsibilities related to the receipt of this supplement, the employee must make every reasonable effort to be available for telephone calls while off duty. The following is only applicable for the four (4) employees referenced above who use their license as a qualifier: If the employee is contacted via telephone outside of their normal hours of work, they shall receive one (1) hour of straight rime pay as a bonus. Any such telephone conversation must be initiated only by the Property Management Director or their designee. Those employees receiving a biweekly supplement for using their license as a qualifier shall be exempt from Section 7.6(b), Standby Pay, of this Agreement. The Supplement is not part of base salary. Therefore, the supplement can go above the maximum of the pay range. The supplement is pensionable. The supplement will be reviewed on an annual basis to determine if the supplement should be increased according to market conditions. GSAF-30 896 In the event that the City determines that any additionallicensee(s) may be used as a primary qualifier under terms that are acceptable to the City, and the City decides to use any additional licensee, then the employee/licensee will be paid the qualification payment under the terms set forth above. Section 8.19. Tool Reimbursement. The City will continue a Tool Reimbursement benefit through which bargaining unit employees in the job classifications of Air Conditioning Supervisor, Electrician Supervisor, and Plumbing Supervisor may be reimbursed for an employee's tool that is damaged or broken while being used at work, provided however, that the damage must not be the result of the employee's negligence. The maximum amount payable in any fiscal year for tool reimbursement per employee is $400. To be eligible for reimbursement, the employee must provide to the Department or Division Ditector, the broken/ damaged tool (which the City may keep) and a report describing the circumstances regarding where, when and how tool was broken/ damaged, and the receipt for the replacement tool purchased which must be of like quality and value. The tool must not be otherwise repairable or replaceable through a manufacturer's warranty. Denial of a request for reimbursement is not grievable. Bargaining unit employees in the above noted positions, who have been paid a Tool Allowance benefit before October of 1998, will remain eligible for only such Tool Allowance. Bargaining unit employees in the above noted positions who were hired after October of 1998 and/ or who were not receiving a Tool Allowance will be eligible for the Tool Reimbursement However, no employee will be eligible for both a Tool Allowance and Tool Reimbursement benefits. Section 8.20. EMT Certification Pay. Beach Patrol Operations Supervisors who obtain and maintain the Emergency Medical Technician (EMT) certificate given by the State of Florida shall receive a five percent (5%) pay increase. Section 8.21. Skill Pay Sunnlement. Fleet Management Department: Automobile Technicians/Medium/Heavy Truck Technicians • 3 to 5 Certifications $50.00/month • 6 to 7 Certifications .. "Master'' Auto Technician • "Master'' Auto Technician with EVT Automotive Parts Specialist (3 of 3 Certifications) Automotive Service Consultant • Supplement amounts are not cumulative $90.00/month $150.00/month $200.00/ month $50.00/month * $50.00/month * *Can only be taken as an addition to "Master'' Auto Technician or "Master" Auto Technician withEVT GS.AF-31 897 Fire Department Level 1 Fire/ Ambulance Level2 Fire/ Ambulance EVI Master Fire/ Ambulance $50.00/ month $90.00/month $150.00/month Note: The maximum Skill Pay Supplement Benefit would be $300.00/month Note: Other Certifications as approved by the Department Head Skill pay supplement requires employee to hold the classification of: Lead Mechanic or Fleet Operation Supervisor Employee cannot receive skill pay if not on regular work status (i.e. Cannot receive skill pay if on a light duty assignment) Employees must notify the department staff when he/ she does not maintain the required certification leveL Failure to do so may result in discipline, and any supplement pay received while not certified shall be refunded to the City. GSAF-32 898 ARTICLE 9 INSURANCE The City shall offer group health care coverage including medical, dental, and life insurance plans to full-time bargaining unit employees and their legal dependents during the term of this Agreement. The City will continue to pay at least fifty percent (50%) of the premium cost for eligible employees. The City will continue to offer alternative plans as options for employees. The City may change insurance carriers and/ or the scope and level of benefits in any plan. The City also may change the percentage of premium cost paid by the City (ie., provided that it remains at least 50%) from year to year for any one or more of the optional plans available, depending upon the scope and level of benefits available in each of the optional plans. The City agrees that it will not change the level of benefits during the term of this Agreement without first consulting with the Group Insurance Board, or a labor-management advisory committee created as a substitute for such Board. A bargaining unit employee may serve on this Board/ committee for as long as bargaining unit employees participate, exclusively, in the City's group health insurance plan. GSAF -33 899 ARTICLE 10 PENSION AND RETIREE HEALTH A) The Miami Beach Employees' Retirement Plan (rviBERP) is the pension plan for bargaining unit members, except for those employees who previously elected to remain in the 401-A retirement program (in lieu of participating in the Gty's pension plan). The current benefits and member contributions provided by the MBERP shall remain in effect for the term of this Agreement, except as follows: i:-:--Effective July 18, 2010, for employees hired prior to August 1, 1993, who participate in the MBERP, the employee pension contribution shall increase by 2% of earnings, from 10% to 12% of earnings,; Effective July 18, 2010, for employees hired on or after August 1, 1993. who participate in the MBERP, the employee pension contribution shall increase by 2% of earnings, from 8% to 10% of earnings. The additional t\VO percent (2%) employee pension contributions described herein shall cease upon such additional pension contributions not being accepted bv or imposed upon the American Federation of State. County and :VIunicipal Employees (AFSCME) Local No. 1554 collective bargaining unit in its 2013-2016 collective bargaining agreement. In such an event the cessation of the additional pension contributions for employees covered under the GSAF bargaining unit shall take effect upon ral!fication of the 2013-2016 collective bargaining agreement between the Citv and the American Federation of State. County and Municipal Emplorees (AFSGviE) Local No. 1554. There shall be no retroactive compensation awarded for the purposes of this section. -&.1. Final Average Monthly Earnings (FAME) a) For those employees who participate in the MBERP and are at normal retirement age or are 24 months or less from normal retirement age as of the fllttkotti:6fl: efthi:3 eel'lt:r!tet]uly 14. 2010. as defined by Ordinance 2006-3504, as amended, the Final Average Monthly Earnings (FAME) is at one-twelfth (1/12) of the average annual earnings of the employee during the two (2) highest paid years of creditable service. b) For those employees who participate in the MBERP, and who are between 24 and 36 months from a normal retirement age as of the ratifieatlefl: of this eofl:tf!tet Julv 14. 2010, as defined by Ordinance 2006-3504, as amended, the Final Average Monthly Earnings (FAME) means one- twelfth (1 / 12) of the average annual earnings of the employee during the three (3) highest paid years of creditable service. c) For those employees who participate in the MBERP, and who are between 36 and 48 months from normal retirement age as of tts efthe r~tafie~ttffifl: of tl.i~ eefl:t:rf\et July 14. 2010. as defined GSAF-34 900 -------------------- by Ordinance 2006-3504, as amended, the Final Average Monthly Earnings (FAME) means one-twelfth (1/12) of the average annual earnings of the employee during the four (4) highest paid years of creditable service. d) For those employees who participate in the MBERP, and who are more than 48 months from normal retirement age as of the ntifiestiofl of thi~ eoHt!'!let July 14, 2010, as defined by Ordinance 2006-3504, as amended, the Final Average Monthly Earnings (FAME) means one- twelfth (1 / 12) of the average annual earnings of the employee during the five (5) highest paid years of creditable service. 2. Employees shall be eligible to enter the Deferred Retirement Option Plan (PROP) at the normal retirement age specified in the pertinent pension ordinance. and may partie1pate in the DROP for a maximum of thirl:J·-six (36) months for emplovees hired prior to July 14, 2010. and si.xr.y (60) months for employees hired on or after July 14. 2010. Subject to aquaria! verification that extending the DROP period for employees hired prior to JulY 14. 2010 does not result in an increased cost to the City. effective upon ratification of this collective bargaining agreement all current and future emplovees participating in the DROP shall be entitled to participate in the DROP for a maximum period not to exceed sixt~y (60) months m total. _Any employee who previously executed a form entitling him or her to enter the DROP for a period ofless than si.xt;:,: (60) months in total shall be given a one-time irrevocable election. ·within thirty (30) calendar davs from the effective date of the conforming Citv ordinance amending the DROP period as set forth herein. to execute a new form extending his or her DROP period for up to sixty (60) months in total. Notwithstanding the foregoing, nothing herein shall preclude an cmploj·ee who is presentlv partic1pating m the DROP from their continued active employment and termination of employment in accordance with their original DROP separation date. 3. Effective September 30, 2013, the option to purchase up to two (2) years of prior creditable service shall be eliminated for all employees covered by the GSAF bargaining unit. M. New-Employees (Bar~aiaing UM1t MeffiBel's hllired on oraftetJuly 14 2010.tlie ral'i.fieariefl: uftbe GS.'rF Agreeffient) ~ The current benefits and member contributions provided by the MBERP shall remain in effect for employees hired on or after the dare thi~ t'tg'feement is utifiedJuly 14. 2010, except as follows: GSAF-35 901 1) The normal retirement date is age 55 with at least thirty (30) years of creditable service, or age 62 with at least five (5) years of creditable service. 2) The early retirement date is the date on which the member's age plus years of creditable service equal 75, with a minimum age of 55. 3) The Final Average Monthly Earnings (FAME) shall be an average of the highest five (5) years of employment 4) The benefit multiplier shall be two and one half percent (2.5%) multiplied by the member's years of creditable service, subject to a maximum of 80% of the member's FAME. 5) The retiree Cost of Living Adjustment (COLA) will be one and one half percent (1.5°/o) per year, with the first adjustment deferred to one (1) year after the end of the DROP. 6) The employee contribution will be 10% of salary. 7) The standard form of benefit is a lifetime annuity. 8) Members who separate from City employment with five (5) or more years of creditable service but prior to the normal or early retirement date shall be eligible to receive a normal retirement benefit at age 62. 9t Empl6yee3 3haH he eligihJ.e ttl eBt:er t:be Defel'fee Rettte.r'heBt Opt:ien Phm (DROP) st tht Hmffial rni:!effie!'lt age sl"eeif.iee iH paragPaph 1, l'tee' e, sBe msy pattieip~tte iH tbe DROP fur a m~t:lcimtml: ef f.i <'C (fi) y can. B) Effective September 6, 2006. the parties agree that any bargaining unit member who previously elected or who elects to participate in the 401-A retirement program (in lieu of participating in the City's pension plan) shall be required to work at least ten (10) years before becoming eligible for any retiree health benefits from the City. C) Any bargaining unit member who is eligible for retiree health benefits from the City must make a one time irrevocable election to continue receipt of health benefits via the City's plan at the time that the employee terminates City employment The parties also agree that if a member initially elects to continue under City health insurance, but thereafter discontinues or is discontinued from such coverage, then the retiree may resume coverage only at their own expense, without any employer contribution whatsoever. D) Employees hired on or after September 6, 2006, will be entitled to a City contribution against the cost of continued health insurance coverage in the City's health insurance plan after retirement (or separation) from City employment, as set forth in this section. Any employee hired on or after September 6, 2006, who then remains employed until reaching eligibility for normal retirement, and who elects to continue insurance coverage under the City's health plan, shall upon receipt of normal retirement benefits also receive an additional separate supplemental monthly stipend payment in the initial amount of$10.00 per year of credited service, up to a maximum of $250.00 per month until age 65, and $5.00 per year of GSAF-36 902 credited service up to a maximum of $125.00 per month thereafter. There shall be no other City contribution toward the cost of continued health insurance coverage for such employees and this benefit shall be paid only during the life of the retiree. GSAF-37 903 ARTICLE 11 GENERAL PROVISIONS Section 11.1. Discrimination. In accordance with applicable federal, state and local laws, the City and the Association agree not to discriminate against any employee on the basis of an individual's race, sex, condition related to sex (pregnancy) color, religion, national origin, age (40 and over), disability, marital status, familial status, citizenship, intending citizenship status, sexual orientation, political party affiliation; and/ or Association membership. Section 11.2. Meetine-s Between Parties. At the reasonable request of either party, the Association President; or his/her Representative; and the City Manager or his/her designee for Labor Relations, shall meet at least quarterly at a mutually agreed time and place to discuss matters of concero. Whenever time permits, the party requesting the meeting shall submit written notice of the subject matter to be discussed. Such notice shall be submitted one week in advance of the proposed meeting date. Whenever the Association President, or his/her Representative, makes suggestions or recommendations to the City Manager or his/her designee for Labor Relations, specifically concerning productivity of job safety, the City Manager or his/her designee for Labor Relations, will respond as appropriate. Section 11.3. Work Rules. The City will provide the Association with a copy of any written rules that are instituted or modified during the term of this Agreement affecting employees in the bargaining unit. In the event the City desires to alter, amend, or modify existing written work rules, or promulgate new written work rules, the proposed changes will be submitted for review to a joint labor/management committee. The City shall have two (2) representatives and the Association shall have two (2) representatives on this committee, which will make recommendations to the City Manager. The proposed changes shall not become effective until a final decision of the City Manager has been rendered whose decision is not gri.evable. Section 11.4. Stress Reduction/Police Deparunent's Public Safety Communications Unit. Those employees covered by this Agreement who work in the Miami Beach Police Department's Public Safety Communications Unit (PSCU), will be given a stress reduction training program provided by the City. Such stress training will be a one-day stress seminar as given to sworn officers. Should an employee and/ or management supervisor believe that an employee might benefit by being referred to the City's Employee Assistance Program (EAP), then the employee will be referred consistent with current policies. If an employee needs help beyond that offered by the EAP, then the EAP may require appropriate referrals for outside professional assistance. GSAF-38 904 ---···-·----------·---·· -------- Section 11.5. Labor/Man~ment Committee. In order to strengthen the parties' labor/management relations, the Association agrees to participate with the City in labor-management committees to address the issues in Departments. Such committees may be requested by the Association or by the City (through the City Manager, Department Directors, or designees) to meet at mutually accepted times. Section 11.6. Safety. The City agrees to provide, at no cost to the employee, any appropriate safety equipment required to be worn or otherwise utilized by the employee. This shall include such items as hard hats, gloves, etc. Those employees issued such equipment will be responsible for such safety equipment, and any loss or damage due to the neglect of the employee may require the employee to pay for the replacement of said City-issued equipment a) The City agrees to provide, upon request, up-to-date, non-glare screens for computer terminals. b) The City shall evaluate and provide, upon request, a wrist rest, which will help alleviate the stress upon the hands and arms of those employees performing repetitive motion, to all persons who use computers for more than 50% of their workday. c) The City will provide appropriate self-defense training to all Parking Enforcement employees. d) The Association is encouraged to have its members volunteer to serve on the Department Safety Committees that are being organized in each City Department. The bargaining unit member serving on the City's Safety Committees will not suffer any loss of benefits or wages for attendance at regularly scheduled meetings during regular scheduled work time. No overtime will be paid for attendance at such meetings. e) If there is a central, Citywide Safety Committee, the Association's President, or his /her designee, may be a member if he/ she so requests. Section 11.7. Bulletin Boards. The Association may, at its own expense, place a bulletin board in each department, not to exceed approximately three feet by two feet (3' x 2') in size. The Bulletin Boards shall be used for posting the following notices only: a) Notices of Association Meetings. b) Notices of Association Elections. c) Reports of Association Committees. d) Recreational and Social Affairs of the Association. e) Any material of informational nature related to Government Supervisors Association of Florida/ OPEIU. GSAF-39 905 Materials, notices or annoWlcements which contain anything political or controversial that might reflect upon the City, any of its employees, or any other labor organizations among its employees, or any materials, notices, or annoWlcements which violate any of the provisions of this Section, shall not be posted. Any materials that are posted which are not in conformance with this Section may be removed at the discretion of the City. Section 11.8. Probationacy Employees. A probationary employee who is dismissed without cause shall have the right to discuss with the appointing officer the reasons for such dismissal at a mutually agreed to time. Following such meeting, a probationary employee, if he/ she so desires, shall have the right to further review the reasons for such dismissal with the City Manager or his/her designated representative at a mutually agreed to time. It is expressly understood, however, that the appointing officer retains the exclusive discretion with respect to the retention or dismissal of probationary employees. Periods of absence shall cause the probationary period to be extended for an equal amount of time. At the request of the appointing authority, the City Managers designee for Human Resources may extend the probationary period for up to three (3) additional months provided that the reasons for extension are given to the employee in advance of the expiration of the initial probationary period. The City acknowledges the importance of giving timely performance appraisals and feedback to probationary employees. Section 1L9. Notification in the Event of Transfer or Contracting Out. When the City contemplates entering into a contract with an outside supplier or service agency to perform services presently being performed by bargaining unit employees and such contract shall result in the lay-off of any bargaining unit employee, the City agrees that it will, upon written request, meet and discuss with the Representatives of the Union the effect of such contract upon members of the bargaining unit. If the City enters into such a contract and, as a result thereof, an employee will be laid off, the City agrees to ask the Contractor to provide ftrst consideration for such employee for any available work. In the event that the employee is not employed by the contractor, the City will offer such employee another available job with the City, if there is a budgeted vacancy and the employee affected by the subcontracting is qualified to perform. Questions of qualification to perform the job duties shall be decided in the sole discretion of the City Manager's designee for Human Resources. GSAF-40 906 --··---------- If there are no jobs available, the reduction in force provision contained in the Personnel Rules shall apply, provided that such laid-off employee shall be recalled to work before the Gty hires new permanent employees to perform the work of the classification held by the employee at the time of the layoff. This recall right shall exist for up to the individual's total service time with the City, but not to exceed two (2) years after the date of the person's layoff date, but such recall right shall cease as of two (2) years after layoff, or if the employee does not return. to work as scheduled if he/she is offered a recall notice prior to the two (2) years. It shall be the responsibility of the laid-off employee to notify the Human Resources Department when technical skills, training, and experience have been enhanced during the lay-off period, which may allow the individual to apply for another bargaining unit job with the City. Nothing in this Section will be construed to limit the Association's right to bargain concerning the identified impact or effects of subcontracting out or transferring upon Bargaining Unit members. Section 11.10. Seniority. 1) 'When vacations are scheduled, permanent vacancies or shifts are filled, or promotions are made to a position within the bargaining unit, seniority shall apply when all other factors are equal. For these purposes, seniority shall be measured by the length of time in the affected classification of the Bargaining Unit except: • For those members promoted on the same date, seniority will be determined by date of employment; and • For those members whose promotion date and date of employment are the same, seniority shall be determined by the higher score on the eligibility list. • For those members whose promotion date, date of employment and eligibility list scores are the same, seniority shall be determined by total service/longevity hours to date with the City. 2) Seniority will not apply in an emergency. Section 11.11. Reduction in Force. When there is a reduction in the bargaining unit workforce, employees 'Will be subject to the layoff procedure set forth in the City's Personnel Rules. Ho'<\c rer, ftn the Utfl:e periocl eo• em~ Oetsf:ler 1, 2010 thwugh Septeffl6er 30, 2012, 1'113_tfflploy ee ee, erea u11eer the GSA:F Hargai:ftiflg lJttit ~hall be ~epantee frsm the City fuf fcawn~ otaer th:aH cli~eipliflllfj nr , olttnt~try sepuatieft. l!i the e. eHr rh11t there':; all impact t~ ll CSJ'<f.' lh!~~ Cnir fficmbn'~ positiofl: fer the timt pens a J"efeJ<efl:eea !IDfl, c, th:c i-mpaetee GSAF-41 907 ewrple fEe sfiall be offered ll altt.m!tti<'t. posiacm. If the iffi:p!tetetl effiple} ee's aase he lltly rate i~ aao' e the m~tximum aac~t boud; !ate ef the po~itio11 heifl:g o!Tered te them, !!Aid emple .1 ee "'i:ll nmain 11t thei:r ellftetu heur~· base rate e. en if that hourl) base tMe exeeecls the HJ;txiHmm huurly b!ise rate ef the position being offned. lR aeffiaes, the impacted emplo) Lt ~hall Rll <'e ree!iH ri:ghn to their pre' iously held positioa. This recall fi?;ht Jhllll e.<i.H for <tf' to N e (2) .'ears After the date t Le. iH'lfHtet eee1:1rree. Section 11.12. Military Leave. Federal and State law concerning military leave govern the City and all employees represented by this Agreement shall receive the benefits of such laws. Section 11.13. Pay Advances. An employee in this unit may request his/her pay check in advance of any scheduled annual leave by submitting a written request to the Human Resources Director at least one (1) pay period prior to leaving on annual leave. However, the written request does not guarantee that the City will be able to provide the employee with a pay check in advance of any scheduled pay day. Approval for an advanced pay check will not be unreasonably withheld. Section 11.14. Mentoring Program. Bargaining unit employees may request to participate in the City's Mentoring Program, as set forth in the Human Resources' Department policies and procedures, which may be changed from time to time or discontinued at the City Manager's discretion. Denial or disapproval of a request for participation in this Program shall not be grievable. Section 11.15. Political Activities of Employees. Except as provided by Federal, State, County laws and/ or City of Miami Beach laws, ordinances or rules including Personnel Rule I (b), the City shall not make, adopt or enforce any rule, regulation or policy; a) Forbidding or preventing employees from engaging or participating in politics or from becoming candidates for public office; or b) Controlling, directing or tending to control or direct the political activities or affiliations of employees. It is understood that no political activities may be conducted by unit members during the employee's scheduled work day or with City equipment and/ or City resources. Section 11.16. Promotions. The term promotion as used in this Agreement means the advancement of an employee to a higher paying classification. Whenever a bargaining unit job opening occurs in any existing job classification or as a result of the development or establishment of a new classification, a notice shall be posted for no less than two (2) weeks. GS.AF-42 908 Eligible and qualified employees who wish to apply for the open bargaining unit position may do so in writing and submit the application to Human Resources. If there is more than one (1) employee qualified for promotion to the bargaining unit job classification that have equal skill, ability and qualifications (factors to be considered include but are not limited to skill, ability, qualifications, interview score, disciplinary history, attendance history and performance evaluation scores) then seniority with the City shall apply. Seniority for the purpose of this subsection shall mean length of continuous service with the City. GSAF -43 909 ARTICLE 12 DRUG AND ALCOHOL TESTING Seetioft 12.1. The City and the Association recognize that employee substance and alcohol abuse has an adverse impact on City government, the image of City employees, the general health, welfare, and safety of employees, and the general public at large. Both random and reasonable suspie1on dmg and alcohol testing shall be pursuant to the Memorandum of Understanding reached between the parties and incorporated herein bv reference. Seeb6ft 12.2. "!_LtiH:g, ~dlttlg, ro~~e~~ifip; or bcih?; ufl:det tbe ffiJl<Jenee of dttli";S or ecmtrtJHed S<JBSt!lfl:ces ·~ hile !It "orl[ is rrehieited. Ethf1l6) CLI are ~rther preftieited froflt eOH:ltli'Uftlg aleeLel afte attl!';~ on dut} !\He/ or !\B~sifig RleohtJ! !\He el"tlgs eff etl~ to the extcHI that s1:1eh use afte/ or abu:ie tefld.< to ha, e afl effect upon the pnfomumec of their Joe fU"FJEtioHs. Seetieft 12.3. The City tn!l:) requit-e !\H) empl:6yee to str1JIIHt tu JI hlooe ftHII:lj ~i~, 1:1rine !\Halysis !lne/ol' Bl'e!ltflaJ.y>'!er \\ heH it has a reaseH:!lele smpieioH a.< defHted lli Florida St!lHltc:o~ 4 40.102 (N) that an employee is tmdt r tht it1:flttenee of er cJ:ling !tleol-tel, drugs or nareotlc.J !IHd/ or \\fica !In employee ha.< e11:used, eeftttieuted to or beetl im ele ed in an aeeideat (i.e., attteH:•ebile or ether injury). Seetiea 12.4. lH the eoeHt a tlftl1e 3peeimeFJ j_, tutea asflo9icioe, a portioFJ oftlut S!ll"''lflle ,,iH be ~1:1bjeetee to !I ~eeoad test st the ef'l'lployee's reqt~est and st the emplo)·te's expeH~e. SeetieH 12.S. At the Wf'leitl_lim; ef the eirtl!; ftnei !lleohol toting, tfle Ci~ fitay f!lke wh:He< er aet:ion, if !11"1_>, it dee met rtflflV:lf'rfate. IH the e• ent that ,tait'. !leaon is iH the fonn of tbetplifie, tfie emple y ee tt•ay grit • e stJ:iti discipline tnl"Ottgh the EOHtracntftl gfle< aftee/ aruit"rseoH proecdu!"e. Seetioft 12.!t. The p<tttieJ agt"ee th!lt an emplo} ee's ref~ul to mbtnit ("!efttsal to 9ttbmit" iHelttde~ ad<Jlterariflp; a ~al'f1!"k Of weffi:itt:ifig fl fa:lse SatHflle) t<J drug Of a!eohel tc3tfn?; in aceotd!IFJee n i:tfi the prot tSlOIB ef tlHJ .\rtiele f'l'la} re~ult in dBetplinttl') aet:io!:'l beit1g taken agttiRst tee El"''lf'loy ee ttp to !l:f1d ;,ftelttai:Hg disl'!'l.iss!ll. Seeti:oft 12.7. Drt~g/A!eoltol Raatlom Testi:Hg. It j, impmhmt to the s!lfety 1md ~elfa1e ef empleyees aH:a the pl'lbhe that Bftl'gattti:fig ~nit tfteffiBCf3 f'JOt ee iHtpaireel: e., aleoLel ~hi:le on dtt~ ner use illeg!ll ewgs. Te demonstnte the eomm:itmefft of the City afle the Asseei~~:ti:eH to this notioFJ, employees .. iH ee ,mejeet to f!IHdom: test:ing d~ring tfie tctltt of this ),greemcflt. Employee.< will ee efiosen from !l bliFJd HJt b, the Human ResOtlfCCI Depttt tf'l.'le!'lt or its des:ignee. Th0.te Cffif'loy ee.: 1\ he h!!' e a CDI. lieen~e al'!ei Me ttl the cor. Dl"tlP; Testffig Poe! I'I'Hl not he pait of the GSAf Drtl!; TeoHinr; Pool _:iFJee tee eH1f>lo;ees ,,1m hold !I CDL heeH:se are ahead; betttg raHdonll: tested. In other I'IOrth, aH GSAF employeeJ ,.,ill be ifl eitlter the COl. Random Dt1:1g Test:inr; Pool e1 the c~; \I' RaHeOi'li Drttp; Te .• tiltg Pool. GSAF-44 910 Seetion 12.8. Lftst Chttnee £\:reement. Emrlo 5 et~ testing ~es~l:i, e mll y be flffered the a~~eftl:ifl:il:! te enter i1 tEo a "L11st Ch!tftee A~eeffieffi" to eol'ttffitte thei:r en'l:rloyffit:l'tt. The Ag:reeme1rt sh!tll reqtti:H ~llreei~!tl:ien ift a rehabilitatiel't rregram llftfl :>tteh other reqtt:iremefttS liS set forth b J tBe Cit]. TB:e Ciry re~el"\'eS the right to tenuinllte aii em~le 5 ee "'ithettt !"~'"'' iaih)'; hiffi/ htr « ith 11 Last Cluftee ~\gteement, if the ifteiaeltf ~fl·hg riJe to the ~esil:iv e tHtl!!; te~t in • oL ecl Muel'lteMB.g er .-i:elent heha, ior er eel'tattet se d:isgueeful th11t it E!ttlses ~ttbstllfttilll embarr!ISSHl:ent te the Admini.<tr11tioB. Em~le y ees tinder 11 L11st Cfi!!Hee AgreemeBt ;:;;ho te.H f'EJSi:ti:, e shaH be tenuin1Hea ftt>l'h em~lej ft:Jent "'ith the City >tftd thij is fiat grie O">tale ttnder t~re grie, 11nee ~raeedttre. EHl:plo 5 t u shliH he entitled to oHI; ofte (1) el-unee fer sttb.;ttlnee !lbttse feh~thilitlttieft dtttiftg employmeftt with the Cit;;. GS,\F ~ 45 911 ARTICLE 13 SAVINGS If any provisions of this Agreement are subsequently declared by the proper legislative or judicial authority to be unlawful or unenforceable, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Upon issuance of such a decision or declaration which is not appealed by either party, the parties shall, following a request by either party, negotiate in good faith on a substitute article, section or portion thereof. GSAF-46 912 ARTICLE 14 ENTIRE AGREEMENT The Association acknowledges that during negotiations resulting in this Agreement, it had the right and opportunity to make demands and proposals with respect to any and all subjects not removed by law from the area of collective bargaining and that the complete understanding and agreements arrived at by the parties after exercise of that right and opportunity are set forth in this Agreement. Therefore, the Association waives the right, during the term of this Agreement, to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, and it particularly waives the right to bargain over the City's exercise of any of its :Management's rights set forth in the Management Rights Article of this Agreement, (i.e., changing work houx schedule, transferring employees, laying off employees, etc., except as otherwise provided herein). The parties intend that this Agreement shall constitute the sole souxce of their rights and obligations from and to each other for its term either by specific provision or by silence. If the Agreement does not prevent it, the City may take any action (or fail to take any action) it desires and shall have no obligation to bargain with the Association concerning the taking, or not, of the action; but may take unilateral action at the time it desires. The Association does not waive, and shall retain its right, to bargain with the City over the impact of any action taken by the City not set forth in this Agreement, but such impact bargaining shall not serve to delay Management's action until agreement or impasse is resolved concerning the impact at issue. This Agreement may be amended by mutual agreement of the parties but any amendments must be in writing and signed by duly authorized Representatives of the parties before it will be effective. GSAF-47 913 ARTICLE15 TERM OF AGREEMENT & REOPENER This Agreement shall become effective upon City Commission approval and shall remain in effect until the 30th day of September ~201 S. Written notification, by either party, shall be required within no less than one hundred twenty (120) days prior to the expiration date of this Agreement indicating their desire to renegotiate the provisions of this Agreement. Negotiations shall begin no later than ninety (90) days prior to the expiration of the Agreement. GSAF-48 914 Executed by the parties hereto on the ~'0 ~y of ~2010. GOVERNMENT SUPERVISORS ASSOCIATION CITY OF MIAMI BEACH of FLORIDA, OPEIU LOCAL 100 By: ~M. /\,..,~~ eg Blackman GSAF President Dumld D. Slesnick Chief Negotiator/GSAF Robert Parcher City Om GSAF-49 915 GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA. OPEIU. LOCAL 100 ELECTION OF REMEDY FORM Grievance No. _____ _ This form must be completed and signed at the ftrst step of the grievance procedure. Employee must elect, sign, and date only one of the two following choices: 1.___ I/We elect to utilize the Grievance Procedure contained in the current Agreement between the City of Miami Beach, F1orida, and Government Supervisors Association of Florida, OPEIU, Local100. I understand that this choice precludes my utilization of Option Number 2. Employee Signature Date 2.__ I/We elect to utilize another forum for my/our grievance, and in doing so, I/we permanently waive my/ our contractual right to the Grievance Procedure contained in the current labor Agreement between the City of Miami Beach and Government Supervisors Association ofF1orida, OPEIU, Local100. Any resolution of a grievance from another forum cannot be inconsistent with the terms of the collective bargaining agreement that is in effect. Employee Signature Date RI/cg F:\huma \La.ho\1 .ABORREL\Labor~\GSA \Negotiations 2009\Draft Agreements\(iSA2009-2012Final Ratified and Amended Agreement 10-14- lO.doc GSAF-50 916 --~---~---- THIS PAGE INTENTIONALLY LEFT BLANK 917 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION ADOPTING THE SECOND AMENDMENT TO THE FISCAL (FY) 2012/13 SPECIAL REVENUE FUND BUDGETS Key Intended Outcome Supported: Ensure expenditure trends are sustainable over the long term Improve the City's overall financial health and maintain overall bond rating Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The City of Miami Beach currently offers certain programs and activities not supported through the general operating budget, but by outside agency grants and self-supporting user fee programs. These Special Revenue Fund Budgets include: • Resort Tax Fund; • ih Street Garage Operations; • 5th & Alton Garage Operations; • Art in Public Places; • Tourism and Hospitality Scholarship Program; • Green/Sustainability Fund; • Waste Hauler Additional Services and Public Benefit Contribution Fund; • Education Compact Fund; • Red Light Camera Fund; and • Emergency 911 Fund The budgets for the Special Revenue Fund budgets for Fiscal Year 2012/13 were approved on September 27, 2012, with the adoption of Resolution No. 2012-28018. The First Amendment was approved on April 17, 2013, with the adoption of Resolution No. 2013-28185. Florida Statutes require that actual expenditures not exceed budget at the level at which the budget is adopted, which for the Resort Tax Fund is at the fund level. Based on the third quarter analysis, the Resort Fund budget is projected to overspend its appropriation due to higher than anticipated revenue and needs to be amended. Resort Tax Fund revenues are projected to be 12% higher than the adopted budget amount due to enhanced economic conditions and an increase in tourism. Certain expenditures in the fund are based on a percentage of resort tax collections including contributions to the VCA, debt service, and transfers to North Beach, Middle Beach, and South Beach for capital projects and the transfers to the arts and cultural programs. As a result, expenditures are projected to exceed budget, which is offset by higher than budgeted Resort Tax revenues by $4.5 million. The required budget amendment necessary to offset the projected increase in expenditures is $1,981,000. Financial Information· Source of ~ FY 2012/13 Financial Impact Summary: MIAMI BEACH Amount . $1,981,000 918 Resort Tax Fund Account AGENDA ITEM ----'f{_l_E __ DATE f(J -fb-[3 ------···-- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM I TO: Mayor Matti Herrera Bower and Me bers of the <tity Commission FROM: Jimmy L. Morales, City Manager I DATE: October 16, 2013 SUBJECT: A RESOLUTION ADOPTING THE SECOND AMENDMENT TO THE FISCAL (FY) 2012/13 SPECIAL REVENUE FUN BUDGETS ADMINISTRATION RECOMMENDATION Adopt the resolution amending the FY 2012/13 Special Revenue Fund budgets. SUMMARY The City of Miami Beach currently offers certain programs and activities not supported through the general operating budget, but by outside agency grants and self-supporting user fee programs. These Special Revenue Fund Budgets include: • Resort Tax Fund; • 7th Street Garage Operations; • 5th & Alton Garage Operations; • Art in Public Places; • Tourism and Hospitality Scholarship Program; • Green/Sustainability Fund; • Waste Hauler Additional Services and Public Benefit Contribution Fund; • Education Compact Fund; • Red Light Camera Fund; and • Emergency 911 Fund The budgets for the Special Revenue Fund budgets for Fiscal Year 2012/13 were approved on September 27, 2012, with the adoption of Resolution No. 2012-28018. The First Amendment was approved on April17, 2013, with the adoption of Resolution No. 2013-28185. Florida Statutes require that actual expenditures not exceed budget at the level at which the budget is adopted, which for the Resort Tax Fund is at the fund level. Based on the third quarter analysis, the Resort Fund budget is projected to overspend its appropriation due to higher than anticipated revenue and needs to be amended. 919 Second Amendment to the FY 2012/13 Special Revenue Fund Budgets Page 2 RESORT TAX FUND The City's Resort Tax Fund is primarily supported by Resort Taxes collected pursuant to Chapter 67-930 (Section 6) of the Laws of Florida, as amended, and Section 5.03 of the City of Miami Beach Charter, as amended. This legislation authorizes the use of Resort Taxes for the promotion of the tourist industry, which includes, but is not restricted to the following: Publicity, advertising, news bureau, promotional events, convention bureau activities, capital improvements and the maintenance of all physical assets in connection therewith; and for the payment of the reasonable and necessary expenses of collecting, handling and processing of said tax. Typically, the City has considered the following services as ~services Related to the Promotion of Tourism": • Police Officers serving entertainment areas • A portion of Fire Rescue services from Fire Stations 1 &2 • Ocean Rescue services • Sidewalk pressure cleaning in South, Middle and North Beach visitor areas • South Beach sanitation • Enhanced Code Compliance/Enforcement provided to respond to evening entertainment area violations and staffing of special events • Other Code Compliance/Enforcement activities in tourism and visitor related facilities/areas • Tourism, Cultural and Economic Development Department and the Cultural Arts Council • Museums and Theatres {Garden Center, Bass Museum, and Colony} • Golf courses (net of revenues} • Memorial Day and other special event costs • Homeless services • Visitor Center funding, Holiday Lights, Festival of the Arts, Jewish Museum, MDPL, Orange Bowl, Monuments, etc. These allowable uses have led to increased tourism related activities, such as special events, Art Basel, and various concerts. The 2 percent Resort Tax Fund operating revenues are projected to be in excess of budget by approximately $4.5 million and, as a result, payments to the Visitor's Convention Authority {VCA), which are based on a percent of revenues, are projected to exceed budget. In addition, savings are projected in salaries due to staff turnover and the use of contingency is projected to be below budget. In addition to the uses listed above, the proceeds of the additional one percent {1 percent) tax are used as follows: Fifty percent of the amount earned is committed to the payment of a portion of the debt service on the Miami Beach Redevelopment Agency City Center Bonds. The remaining fifty percent is allocated equally among North Beach, Middle Beach and South Beach for capital projects that enhance Miami Beach's tourist related areas and various arts and cultural programs. The 1 percent Resort Tax Fund operating revenues are projected to be in excess of budget by approximately $1.9 million and, as a result, the debt service and transfers to North Beach, Middle Beach, and South Beach for capital projects and the transfers to the arts and cultural programs are projected to exceed budget as represented below. In total, the projected revenues are estimated to be in excess of budget by $6.5 million and expenditures in excess of budget by approximately $2.0 million for the reasons described above. This results in a net operating surplus of approximately $4.5 million. 920 Second Amendment to the FY 2012/13 Spedal Revenue Fund Budgets Page 3 CONCLUSION Resort Tax Fund revenues are projected to be 12% higher than the adopted budget amount due to enhanced economic conditions and an increase in tourism. Certain expenditures in the fund are based on a percentage of resort tax collections including contributions to the VCA, debt service, and transfers to North Beach, Middle Beach, and South Beach for capital projects and the transfers to the arts and cultural programs. As a result, expenditures are projected to exceed budget, which is offset by higher than budgeted Resort Tax revenues by $4.5 million. The required budget amendment necessary to offset the projected increase in expenditures is $1,981,000. It should be noted that these projections are preliminary in nature due to the fact that the City's financial records will not be closed until after the fiscal year is closed and external auditors complete their review. Historically, this occurs in April, with the City's Comprehensive Annual Financial Report (CAFR) For the Year Ended September 30, 2013, usually available in May and the External Auditor's Report available in July. JLM:~JW 921 18Nii I THURSDAY, OCTOBEIU 2013 ''" MiamiHerald.com I MIAMI HERALD MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that a pubtic 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 WecD!sday, October 16, 2013 to consider the following: 10:20 a.m. A Resolution Adopting The Second Amendment To The Special Revenue Fund Budgets For Fiscal Year (FV) 2012113. (Due to The Miami Herald's deadline, If this ltam Is dented, tabled, or withdrawn at tha Septamber 30, 2013 Special City Commission Maetlng, It will appear in this advarllsemant.) ln!Jliries concerning this item siDukl be directed to the Budget & Performance Improvement Office at (305) 673-7510. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. A copy of this item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting, or any item herein, may be continued, and under such circumstances additional legal notice will not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat, 1tle 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 i1s hearing, such person must ensure that a verbatim record of the proceedlr~gs is made, which record indudes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction Of admission of otherwise inadmissible or irrelevant evidence, nor does It authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, Information on access for persons with disabilities and/ Of 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 users may also call the Florida Relay Service at 711. Ad 11846 922 --------~~~~- RESOLUTION TO BE SUBMITTED 923 COMMISSION ITEM SUMMARY Condensed Title: Consenting to the appointment of David D. Martinez, P.E. as the Director of the Office of Capital lm rovement Pro·ects for the Cit of Miami Beach. Key Intended Outcome Supported: • Ensure value and timely delivery of quality capital projects. • Maintain City's Infrastructure. • Increase community satisfaction with City government. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the Mayor and City Commission adopt the Resolution consenting and confirming David D. Martinez, P.E. as the Director of the Office of Ca itallm rovement Pro·ects? Item Summary/Recommendation: The Office of Capital Improvement Projects is responsible for managing the City's capital construction efforts and for providing the platform to address the goals set forth in the General Obligation Bond program, the Water and Wastewater Bond program, the Storm Water Bond program, and the Redevelopment Area Infrastructure Program to improve the City's infrastructure, public facilities, parks, beaches, golf courses and public safety equipment. CIP staff is composed of senior management, project managers in different categories of experience and responsibility, financial managers, field inspectors, community information coordinators and administrative personnel. The Office Director is responsible for formulating direction and policies for the Office, overseeing all projects, and approving all financial transactions. Pursuant to the requirements of Article IV, Section 4.02 of the City Charter, it is recommended that the Mayor and the City Commission adopt the attached resolution consenting and confirming David D. Martinez, P.E. as the Director of the Office of Capital Improvement Projects for the City of Miami Beach. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: 1 c 2 3 4 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin s· Off •gn-s: Department Director Assistant CityfJ'anager SCT ~I KGB ..G rJ 'A T\AGENDA\2013\0ctober 16\Martinez CIP irector CIP Summary.docx 924 Account Approved City ~rtager JLI'v\f' I' v \ Agenda Item Rl F Date lo~t':rr~ & MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me bers of the.;;;_ission FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF DAVID D. MARTINEZ, P.E. AS THE DIRECTOR OF THE OFFICE OF CAPITAL IMPROVEMENT PROJECTS FOR THE CITY OF MIAMI BEACH. ADMINISTRATION RECOMMENDATION Pursuant to the requirements of Article IV, Section 4.02 of the City Charter, it is recommended that the Mayor and the City Commission adopt the attached resolution consenting and confirming David E. Martinez, P. E. as the Director of the Office of Capital Improvement Projects (CIP) for the City of Miami Beach. ANALYSIS The City Commission approved a resolution consenting and confirming David E. Martinez, P.E. as the Acting Director of CIP at the June 5, 2013 City Commission meeting. Mr. Martinez is a registered civil engineer in the state of Florida and a LEED AP Certified Professional. In addition Mr. Martinez holds a Master's in Business Administration Degree. Mr. Martinez has over 27 years of planning, engineering, and construction experience, including 8 years of administration and operations experience in municipal public works and capital projects. His expertise is solid in all management aspects of vertical, horizontal and underground construction, as well as maintenance operations. His professional experience has afforded him a thorough understanding of general business practices including budgeting, financial statements, business development, contract management and employee relations. Mr. Martinez began his career in 1986 with Barton-Aschman Associates, Inc. as an associate, and shortly after, in 1987, he was hired by Post, Buckley, Schuh & Jernigan, Inc. as a project manager. In 1989, he was hired by the City of Pembroke Pines as the Deputy Utilities Director/Utilities City Engineer. In that position, he led a team of over 120 employees and was responsible for overseeing the engineering and construction of infrastructure improvements. In 1995, Mr. Martinez began his employment with Sanders Company, Inc. as the Regional Sales Manager/Engineer where he was responsible for the South Florida office's business activities and engineering services related to manufacturing water/wastewater process equipment, pumping systems, and electrical controls. In 2001, Mr. Martinez was hired as a senior project manager with Lanzo Construction Company. In that capacity, he oversaw day-to-day construction activities associated with multiple 925 City Commission Memorandum-consenting and confirming David D_ Martinez as the Director of CIP October 16, 2013 Page 2 of2 South Florida public works projects, such as: site development; infrastructure rehabilitation; construction of water distribution systems; sanitary sewer collection and transmission systems; storm drainage systems; roadways; sidewalks and landscaping. In 2005, Mr. Martinez became the Director of Construction for the Tri-C Construction Co., Inc. where he directed construction operations for the Florida regional office and headed the ground up construction of CVS/Pharmacy stores across South Florida. Shortly afterward, in 2006, Mr. Martinez was hired by Miller Construction Company as a senior project manager where he was responsible for projects ranging from $2 to $20 million in value such as: construction-manager-at-risk; design-build; traditional construction of retail spaces, offices and warehouses; specialty construction; medical buildings; hospitality and high-end residential buildings. In 2010, Mr. Martinez was employed by Rimkus Consulting Group to provide forensic engineering consulting services for legal, insurance, and corporate clients. In June 2011, Mr. Martinez was hired by the City of Miami Beach as the Senior Capital Projects Coordinator and then, in October 2012, was promoted to Assistant Director of the CIP Office. In this capacity, he assisted the Director in managing and coordinating the activities of a $50 million per year capital construction program. Mr. Martinez has been able to demonstrate his skills implementing new methods and ideas that increase productivity and lower costs. His skill in confHct resolution has allowed him to maintain excellent relationships with various contractors and vendors after successfully negotiating to the satisfaction of all parties and resolving problems_ CONCLUSION I believe David has earned the Director title these past six months. First, under his interim leadership, CIP now has a strong cooperative approach with the departments that it serves. The relationship between CIP and Public Works, for example, has gone from hostile in the past to one of close collaboration. An example of how this benefits the City is that collaborative efforts between CIP and Parks resulted in the Flamingo Park football field being completed in time for Beach High to play its first home game at that facility in a long time. I have also observed that David has the respect of his staff, and they have worked hard during the summer despite being short on people. As Director, David will now have the opportunity to fill many positions, including a critical Assistant Director position. Finally, David has embraced my message of customer service. He never hesitates to go out in the community to meet with groups or individuals to discuss CIP projects. He tries to address concerns that often arise during active construction and the feedback I have received about his professionalism and demeanor is very positive. I recommend his appointment for your approval. Pursuant to the requirements of Article IV, Section 4.02, of the City Charter, it is recommended that the Mayor and City Commission adopt the resolution consenting and confirming David D. Martinez, P.E. as the Director of the Office of Capital Improvement Projects. J LM/KGB/SC-T /CMG T:\AGENDA\2013\0ctober 16\David Martinez CIP\Martinez CJP Director Memo.docx 926 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. CONSENTING TO THE APPOINTMENT OF DAVID D. MARTINEZ AS THE DIRECTOR OF THE OFFICE OF CAPITAL IMPROVEMENT PROJECTS FOR THE CITY OF MIAMI BEACH. WHEREAS, the City Manager has appointed David D. Martinez as the Director of the Office of Capital Improvement Projects for the City of Miami Beach; and WHEREAS, pursuant to Article IV, Section 4.02, of the City of Miami Beach Charter, as well as Section 2-3 of the City Code, the City Manager has power to appoint directors of the City departments with the consent of the Mayor and the City Commission; and WHEREAS, the Mayor and the City Commission approved a resolution consenting and confirming Mr. Martinez as the Acting Director of CIP at the June 5, 2013 City Commission meeting; and WHEREAS, the Mayor and the City Commission wish to consent to and confirm the appointment of David D. Martinez. as the permanent Director of the Office of Capital Improvement Projects for the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, have consented to and confirmed the appointment of David D. Martinez. as the permanent Director of the Office of Capital Improvement Projects for the City of Miami Beach. PASSED and ADOPTED this __ day of _______ , 2013. ATTEST: CITY CLERK MAYOR ~~PPROVED AS TO fORM & L~NGUAGE & FOR EXECUTION T:\AGENDA\2013\0ctober 16\David Martinez CIP\Martinez CIP Director Resolution.docx 927 COMMISSION ITEM SUMMARY Condensed Title: Consenting to the appointment of Hernan D. Cardeno, Esq. as the Director of the Code Compliance De artment for the Cit of Miami Beach. Key Intended Outcome Supported: • Increase community satisfaction with City government. Increase community satisfaction with city government • Maximize efficient delivery of services • Ensure expenditure trends are sustainable over the long term Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: As I remain committed to ensuring that our residents, businesses and visitors continue to receive the highest levels of services, l have determined that it is in the organization's best interest to make the Code Compliance Division a standalone department. Due to the workload in the Building Department and the critical role that Code Compliance plays for the City, this separation will lead to more effective administration of the mission of the Code Compliance Department, which is to enforce the City Codes uniformly, ensuring the health, safety, welfare, and quality of life for the residents, businesses, owners and tourists of the City of Miami Beach. The primary responsibility of the Code Compliance Department is to maintain City neighborhoods and the community's quality of life. Code Compliance monitors residential and commercial districts for potential violations and is responsible for ensuring compliance with the code of the City of Miami Beach. Common code violations include: zoning violations, minimum housing standards, property maintenance standards, noise, real estate signs, signs in right-of-way, all sign regulations, sidewalk cafes, business tax receipts, certificates of use, illegal vendors, hours of construction, operating hours for nightclubs, bars, liquor stores; hours of sale of liquor, and marine regulations. During his tenure with the City, Mr. Cardeno has proven to have excellent leadership and management skills. He has been instrumental in leading the Code Compliance Division as the City continues to move forward restoring confidence in the delivery of services in our residents, business community and visitors. Mr. Cardeno has an extensive law enforcement background of over 29 years and currently serves as a Miami Beach Reserve Police Officer. In addition, Mr. Cardeno holds a Juris Doctor Degree from Nova Southeastern University's Shepard Broad Law Center. As such, I recommend Mr. Gardena for your approval as Director of the Code Compliance Department. Pursuant to the requirements of Article IV, Section 4.02 of the City Charter, it is recommended that the Mayor and the City Commission adopt the attached resolution consenting and confirming Hernan D. Cardeno, Esq., as the Director of the Code Compliance Department for the City of Miami Beach. Advisory Board Recommendation: N/A Financial Information· Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin Si n-Offs: Department Director Manager ~----------------------~------------~----------~------~~~:Agenda Item Date 876- to-Ur/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE MAY RAND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORI A, CONSENTING TO THE APPOINTMENT OF HERNAN D. CARDENO, ESQ. AS THE DIRECTOR OF THE CODE COMPLIANCE DEPARTMENT FOR THE CITY OF MIAMI BEACH. ADMINISTRATION RECOMMENDATION Pursuant to the requirements of Article IV, Section 4.02 of the City Charter, it is recommended that the Mayor and the City Commission adopt the attached resolution consenting and confirming Hernan D. Gardena, Esq., as the Director of the Code Compliance Department for the City of Miami Beach. ANALYSIS I began my tenure as City Manager for the City of Miami Beach in April 2013, with a strong commitment to ensuring that our residents, businesses and visitors continue to receive the highest levels of services. While I have the pleasure of serving as your City Manager, I continue to evaluate the leadership needs of our organization. As a result, I have determined to make the Code Compliance Division a standalone department. In doing so, I have appointed Hernan D. Gardena, Esq. to serve as the Director, with Robert Santos as the Assistant Director of the Code Compliance Department. My decision to elevate Code Compliance to department status is based on a number of factors. First, given the workload in the Building Department and the critical role that Code Compliance plays on Miami Beach, I believe that the separation will lead to a more effective administration and enforcement of the City code. Secondly, I believe Mr. Gardena and Mr. Santos have formed a good team, combining strong administrative skills and oversight with effective community outreach. I think they have earned the opportunity to be the Director and Assistant Director, respectively, of a free standing department. There should be no significant financial impact since there are no positions being added to the Code Compliance Department as a result of this reorganization and the Building Department and Code Compliance have occupied separate spaces. Finally, I believe that the Code Compliance Department is starting to come out of the shadows of past scandals, which namely, I attribute to Mr. Gardena's extensive experience in law enforcement. Mr. Cardeno is a 29-year veteran of law enforcement, having first served with the Bal Harbour Police Department where he rose through the ranks to Assistant Chief. He later became one of the youngest Chiefs of Police in Miami-Dade County history when he was appointed Chief of the Golden Beach Police Department; later serving as Assistant 929 City Commission Memorandum -Consenting and Confirming Hernan D. Cardeno, Esq. as Director of Code Compliance October 16, 2013 Page 2 of 2 City Manager and subsequently Interim City Manager. In 2001, he accepted an Executive Commander position with the North Miami Beach Police Department with oversight of the Forfeiture Section, Grants Management, and Money-Laundering task force before being recruited by the Miami Beach Police Department. As Support Services Division Commander, he commanded the Property and Evidence Unit, Training Unit, Personnel Selection and Background Investigations Unit, and Business Resource Unit comprised of Off-Duty police services and Payroll preparation. He previously commanded the Technical Services Division comprised of Professional Standards, the Public Safety Communications Unit, Records Management, Information Resources, and Grants Management. In April of 2012, as the senior Police Command Staff member, Mr. Cardeno was assigned to the Code Compliance Division as part of a five point City plan to oversee day to day operations and to liaison with the FBI in their ongoing investigation. Mr. Cardeno is a graduate of the University of Louisville's Southern Police Institute Command Officers Development Course and the FBI's Federal Executive Development Course. In 2013, he was recognized for his contributions of over twenty years by the International Association of Chiefs of Police and the Florida Police Chiefs Association and was awarded lifetime membership to both associations. In addition, Mr. Cardeno currently serves as a Reserve Miami Beach Police Officer. Mr. Cardeno holds a Bachelor's Degree from Barry University, having majored in Human Resources Management with a minor in Counseling; and a Juris Doctor Degree from Nova Southeastern University's Shepard Broad Law Center. He is an active member of the Florida Bar and the American Bar Association. CONCLUSION Mr. Cardeno has proven to have excellent leadership and management skills during his tenure with the City of Miami Beach. He has been instrumental in implementing positive changes in the Code Compliance Department and is ready to step up to the important tasks we have identified in North Beach, Lincoln Road, Ocean Drive and elsewhere in our community. His appointment as the Director of the Code Compliance Department will ensure that the City continues to move forward in restoring confidence in the delivery of services to our residents, business community and visitors. As such, I recommend Mr. Cardeno for your approval as Director. Pursuant to the requirements of Article IV, Section 4.02, of the City Charter, it is recommended that the Mayor and City Commission adopt the resolution consenting and confirming Hernan D. Cardeno, Esq. as the Director of the Code Compliance Depa~ent. JLM/~ B/SC-T/CMG 930 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF HERNAN D. CARDENO AS THE DIRECTOR OF THE CODE COMPLIANCE DEPARTMENT FOR THE CITY OF MIAMI BEACH. WHEREAS, the City Manager has realigned Code Compliance as a standalone Department; WHEREAS, the City Manager has appointed Hernan D. Gardena as the Director of the Code Compliance Department for the City of Miami Beach; and WHEREAS, pursuant to Article IV, Section 4.02, of the City of Miami Beach Charter, as well as Section 2-3 of the City Code, the City Manager has power to appoint directors of the City departments with the consent of the Mayor and the City Commission; and WHEREAS, the Mayor and the City Commission wish to consent to and confirm the appointment of Hernan D. Gardena as the Director of the Code Compliance Department for the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, have consented to and confirmed the appointment of Hernan D. Cardeno as the Director of the Code Compliance Department for the City of Miami Beach. PASSED and ADOPTED this __ day of--------' 2013. ATTEST: CITY CLERK C:\Users\HUMAGomC\Desktop\Cardeno Code Director Resolution.docx 931 MAYOR , ~PPROVED AS TO fORM 8t t~.NGUAGE & FOR f.XECUTION ~o~ "ol4JL ~ Date ------------ City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov OFFICE OF THE CITY CLERK, Rafael Granado, City Clerk Tel: [305) 673-7 41 1, Fox: [305] 673-7254 Email CityCierk@miamibeach.gov COMMISSION MEMORANDUM To: From: Date: Subject: Mayor Matti Herrera Bower and M City Commission Jimmy L Morales, City Manage.___--~ _;::>.(:::.;...--- October 1 6, 2013 BOARD AND COMMITTEES ADMINISTRATION RECOMMENDATION: That appointments be made as indicated. ANALYSIS: Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments. VACANCIES BOARD OR COMMITTEE: TOTALMBRS. APPOINTED BY: TOTAL VAC PAGE Ad Hoc Committee Centennial 7 Commissioner Deede Weithorn Page 2 Celebration Commissioner Ed Tobin Commissioner Jonah M. Wolfson Commissioner Michael Gongora 1 Mayor Matti Herrera Bower 1 Ad Hoc Committee Flooding Task 9 Commissioner Deede Weithorn 1 Page 3 Force Commissioner Ed Tobin 1 Commissioner Jonah M. Wolfson 1 Commissioner Michael Gongora 1 Mayor Matti Herrera Bower 1 Affordable Housing Advisory 11 City Commission 3 Page4 Committee We ore committed lo providing excel/en/ public service and saFety lo all who live, work and ploy in our vibrant, lropical, historic community. Agenda Item f?.9,l} Date IO·Ifrl 3> 933 VACANCIES BOARD OR COMMITTEE: TOTALMBRS. Bicycle-Pedestrian Facilities Advisory Committee Board of Adjustment Budget Advisory Committee Committee on the Homeless Community Development Advisory Committee Community Relations Board Debarment Committee Design Review Board Disability Access Committee Gay, Lesbian, Bisexual and Transgender (GLBT) Golf Advisory Committee 7 7 9 9 14 17 7 7 14 15 12 APPOINTED BY: TOTAL VAC PAGE Commissioner Deede Weithorn Commissioner Ed Tobin Commissioner Jorge Exposito City Commission Commissioner Jorge Exposito Commissioner Michael G6ngora Commissioner Deede Weithorn Commissioner Jerry Libbin Jimmy L. Morales, City Manager Commissioner Jorge Exposito Mayor Matti Herrera Bower City Commission Commissioner Jonah M. Wolfson Commissioner Jorge Exposito Commissioner Ed Tobin Commissioner Jonah M. Wolfson Commissioner Jorge Exposito Commissioner Deede Weithorn 934 Page 8 Page 9 1 Page 11 Page 16 Page 17 1 Page 19 Page 22 Page 23 Page 25 1 Page 28 Page 29 VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. Health Advisory Committee Health Facilities Authority Board Miami Beach Commission For Women Miami Beach Cultural Arts Council Miami Beach Human Rights Committee Miami Beach Sister Cities Program Parks and Recreational Facilities Board Personnel Board Police Citizens Relations Committee Production Industry Council Safety Committee 11 6 21 11 9 24 10 10 17 7 14 APPOINTED BY: City Commission City Commission Commissioner Ed Tobin Mayor Matti Herrera Bower City Commission City Commission Mayor Matti Herrera Bower Commissioner Jerry Libbin City Commission Commissioner Jerry Libbin TOTAL VAC PAGE 1 Page 30 Page 32 2 Page 39 Page 40 Page 42 Page 43 Page45 1 Page 46 1 Page 49 Commissioner Jonah M. Wolfson 1 Commissioner Michael Gongora 1 Mayor Matti Herrera Bower Commissioner Jorge Exposito Mayor Matti Herrera Bower 935 1 Page 51 Page 52 VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE 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 936 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 Term Ends: Appointed by: Term Limit: ----~-·-·-------· Aaron Perry 1/1/2014 Commissioner Jerry Libbin Alex Fernandez 1/1/2014 Commissioner Deede Weithorn Jacqueline Lalonde 1/1/2014 Commissioner Michael Gongora Richard Preira 1/1/2014 Commissioner Jonah M. Wolfson Richard (Rick) Kendle 1/1/2014 Commissioner Ed Tobin Scott Diffenderfer 1/1/2014 Commissioner Jorge Exposito Stephen Zack 1/1/2014 Mayor Matti Herrera Bower ~~-·~-·-·~-------~--~"-"m~--~-~-·>o Page I of60 937 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 Cejas Breslin Tuesday, October 0 I, 2 013 Position/Title 7/31/2014 Mayor Matti Herrera Bower 7/31/2014 Commissioner D€ede Weithorn 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: 713112014 Commissioner Jerry Libbin 7131/2014 Commissioner Jorge Exposito Page2 938 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, 2014 (subjet to earlier or later sunset by the City Commission). City Liaison: Eric carpenter Vacancy: Members: Vacant Vacant Vacant Vacant Vacant Rep. P. W. and CIP Dep Rep. Police & Fire Dept 8/25/2014 Mayor Matti Herrera Bower 8/25/2014 Commissioner Jonah M. Wolfson 7/17/2014 Commissioner Michael Gongora 8/25/2014 Commissioner Ed Tobin 8/25/2014 Commissioner Deede Weithom Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Richard Wayne ---~-.~~--- D'Amura Path man 8/25/2014 Com missioner Jorge Exposito 8/25/2014 Commissioner Jerry Libbin ------ ~'~·w~>~:--.-~m.M~-~· -~ .. ··'·'""+~ 'I -r -=mmrrcnMmrmum ___ iW1-'~1#>.---·!·*=~""""'-"WI"<'~>'•"~·.-,.·w,...,..,.,...,~fr==-wrn~MtfPfl»<n»•r.wf»W:wf~IR«%<'lW~~ Tuesday, October 01, 2013 Page 3 of60 939 Board and Committees Current Members Affordable Housing Advisory Committee Sec. 2-167 Composition: The committee shall consist of eleven (11) voting members with two (2) year terms appointed at large by a majority vote of the Mayor and City Commission: One citizen: 1) actively engaged in the residential home building industry in connection with affordable housing; 2) actively engaged in the banking or mortgage banking industry in connection with affordable housing; 3) two at-large who have resided in one of the city's historic districts for at least one year, and have demonstrated interest and knowledge in urban design and the preservation of historic buildings. 4) actively engaged as a for-profit provider of affordable housing; 5) actively engaged as a not-for-profit provider of affordable housing (Housing Authority member); 6) actively engaged as a real estate professional in connection with affordable housing; 8) actively serving on the local planning agency pursuant to Florida Statute § 163.3174 (Planning Board member); 9) who resides within the jurisdiction of the local governing body making the appointments; 10) who represents employers within the jurisdiction; 11) who represents essential services personnel as defined in the local housing assistance plan. Members of the Loan Review Committee, members of the Community Development Advisory Committee (CDAC), Planning Board and Miami Beach Housing Authority may be appointed to fill any of the eleven {11) categories and serve as ex-officio voting members on this committee. If due to conflict of interest by prospective appointees, or other reasonable factor, the City is unable to appoint a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without regard to affordable housing may be appointed. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http://miamibeachfl.gov/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 01Y 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 Position/Title Term Ends: Appointed by: Term Limit: ----------· ·------ Adrian Adomo (9) Res. Juris Local Govt. 12131/2013 City Commission 12/31/17 940 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 12131/14 Guy Simani (10) Rep. Empl. With/Juris. 12/31/2013 City Commission 12/31/17 Juan Rojas (2) Banking/Mortgage 12/31/2014 City Commission 12/31/16 Mark Wahl (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 Tuesday, October 2013 Page 5 of60 941 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 OlY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting, and click on City Commission At-Large Nominations. City Liaison : Dennis Leyva Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: James Lloyd Janda Wetherington Lisa Austin Lisette Olemberg- Goldstein Megan Riley Patricia Fuller Susan Caraballo Applicants Position/Title ------·------------- Annette Fromm Cindy Brown Dale Stine Elizabeth Schwartz Leslie Tobin Ma~orie O'Neiii-Buttler Nicole Doswell Sharon Dodge Zoila Datorre Tuesday, October 01, 2013 ----,--------~--------~----- 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2014 City Commission Applicants Position/Title Christina LaBuzetta Claire Warren David Lombardi Francis Trullenque Lisa Austin Michelle Ricci Paolo Ambu Stephen Zack 942 Page 6 of60 12/31/16 12/31/16 12/31/17 12/31/14 12/31/16 02/31/18 02/31/18 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 Commissioner Deede Weithorn 12/31/15 Commissioner Michael Gongora 12/31/17 Commissioner Jorge Exposito 12/31/17 Commissioner Jonah M. Wolfson 12/31/15 Commissioner Jerry Libbin 12/31/18 12/31/2014 Mayor Matti Herrera Bower 12/31/14 12/31/18 12/31/2013 Commissioner Ed Tobin Ex-officio Chair of Mayor Ad-Hoc Garden Center Applicants Amy Rabin Darin Feldman Dr. Corey Narson Kay Coulter Michelle Ricci Peter Vallis Stephen Zack Tiva Leser Position/Title Applicants Cindy Brown Dina Dissen Francinelee Hand Marivi Iglesias Mitchell Korus Rabbi Daniel Sherbill Tamra Sheffman 943 Position/Title ------------ 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 1 each of whom shall be a voting member who has demonstrated a high degree of interest1 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: Vacant Vacant Vacant Members: Name Last Name Position/Title Aaron Davis Ada Llerandi Frederick Sake Charles Sharon Dodge Applicants Position/Title Kara White Mance Buttram Thursday, October 03, 201.1 12/31/2014 Commissioner Jorge Exposito 12/31/2013 Commissioner Ed Tobin 12/31/2014 Commissioner Deede Weithom 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 G6ngora 12/31/20 Applicants Kenneth Bereski II 944 Positionrfitlc Page8of60 -------------- Board and Committees Current Members Board of Adjustment Composition: Two (2) year term. Appointed by a 5/7th vote. RSA 1-2 Sec 118- 1 <11 Seven (7) voting members composed of two members appointed as citizens at-large and five members shall be appointed from each of the following categories (no more than one per category), namely: Law, Architecture, Engineering, Real Estate Development, Certified Public Accountant, Financial Consultation, and General Business. The members representing the professions of law, architecture1 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 Analyst1 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 Vacancy: To replace Joy At-Large Malakoff Members: Name Last Name Position/Title ··-···--- Bryan Rosenfeld CPA Elsa Urquiza At-Large Lior Leser Fin. Cons. TL 12/31/13 Noah Fox Real Estate Developer Richard Preira Law Sherry Roberts Gen. Business TL 12/31/13 Applicants Position/Title Aaron Davis Andrew Fischer Gabriel Paez 12/31/2014 City Commission Term Ends: Appointed by: Term Limit: -------····-----···--·-·-· 12/31/2013 City Commission 12/31/15 12/31/2013 City Commission 12/31/17 12/31/2013 City Commission 12/31/13 12/31/2014 City Commission 12/31/18 12/31/2014 City Commission 12/31/16 12/31/2013 City Commission 12/31/13 Applicants Position/Title Alexander Annunziato Brian Ehrlich Gary Twist 945 Board and Committees Current Members Guy Simani Jessica Conn Micky Ross Steinberg Roberta Gould Wesler Castellanos Tuesday, October 01, 2013 Jacqueline Lalonde Jonathan Beloff Muayad Abbas Scott Needelman 946 Page 10 of60 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 /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 MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting, and click on City Commission At-Large Nominations. City Liaison: Kathie Brooks Vacancy: Members: Name David Dushan Jack Jacqueline John Laurence Marc Stephen Applicants Dwight Kraai Jared Plitt To replace Antonio Hernandez Sr. Last Name Position/Title Lancz Koller Benveniste Lalonde Financial Adv. Gardiner Herrup Gidney C. P. A Hertz Position/Title Joseph Landesman Noah Fox 12/31/2013 Commissioner Jorge Exposito Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Deede Weithorn 12/31/18 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 12/31/2013 Mayor Matti Herrera Bower 12/31/2014 City Commission 12/31/2014 Commissioner Jerry Libbin 12/31/2013 Commissioner Michael Gongora 12/31/2014 City Commission 12/31/2014 Commissioner Ed Tobin Applicants Position/Title Eric Lawrence John Bowes Lisa Ware Regina Suarez 947 12/31115 12/31/16 12/31/16 12/31/17 12/31/14 12/31/16 Board and Committees Current Members Capital Improvements Projects Oversight Committee 2-190-127 Composition: The Capital improvement projects oversight committee shall consist of nine (9) voting members, eight (8) of whom shall be appointed by the city commission as a whole (at-large-appointees), and one (1) member appointed by the Mayor or designee, and one (1) non-voting ex-officio member selected from three nominees. The membership of the committee shall further be comprised as follows: 1. The mayor or his/her designee, who shall sit as a voting member of the committee, and shall also serve as chair person of the committee; 2. At least tNo (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 tNo (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 OTY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: David Martinez Members: Name Brian Cheryl Last Name Ehrlich Jacobs Christina Cuervo Dwight Kraai Elizabeth Carmargo Tuesday, October 01, 2013 Position/Title Term Ends: Appointed by: Term Limit: ------------- (C3) Developer 12/31/2013 City Commission 12/31/14 (C4) At-large 12/31/2014 City Commission 12/31/18 (C5) Developer TL 12/31/13 12/31/2013 City Commission 12/31/13 (2) Engineer TL 12/31/13 12/31/2014 City Commission 12/31/13 Principal 12/3112013 City Commission 12/31/13 Page 12 948 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} Const/G/ Cont.TL 12/1 (C4} Cap.Budg/Finance Position/Title ·--······---- 12/31/2014 City Commission 12/31/2013 Mayor Matti Herrera Bower 12/31/2014 City Commission 12/31/2014 City Commission Applicants --- Daniel Manichello Gianluca Fontani lvette Isabel Borrello Jurgen Brenda! Position/Title 12/31/17 12/31/15 12/31/13 12/31/16 -~·-·····----··-~·~=~---~--···········~---··~-~~--~~--'"···~~--·-'~ .. -~-~--·~~~~--.-·········"·-~---~--·-·~=----Tuesday, October 01, 2013 Page 13 of60 949 Board and Committees Current Members Committee for Quality Education in l\1B Sec. 2-190.134 Composition: The committee shall consist of fifteen (15) voting members and three non-voting ex-officio members to be comprised as follows. A representative from each of the following eight schools, selected by the Parent Teacher Association: North Beach Elementary, Biscayne Elementary, Feinberg-Fisher K-8 Center South Pointe Elementary, Nautilus Middle School, Miami Beach High School, Ruth K. Broad K-8 Center Treasure Island Elementary School, and seven (7) members of the public with knowledge or expertise with regard to education issues who shall be direct appointments by the mayor and city commissioner with no more than three who can be employed or contracted by Miami-Dade County public shcools. The City Commission shall designate two (2) of its members to serve as City Commission liaisons who shall report to the City Commission actions of the Committee for Quality Education; the City Manager shall further designate a member of city staff to serve as a liaison who shall report the Committee's actions to the City Manager. City Liaison: Dr. Leslie Rosenfeld Members: Name Last Name Position/Title Term Ends: ---------- Beverly Heller 12/3112014 lvette Isabel Borrello 12/3112013 Karen Rivo 12/3112013 Kay Coulter TL 12/31/13 12/3112013 Keren Bajaroff 12/3112014 Sheila Duffy-Lehrman 12/3112014 Tiffany Heckler 12/31/2014 Christy Farhat Dr. Leslie Rosenfeld Elisa Leone Ivette Birba Jill Swartz Matti Herrera-Bower Rachelle Arkin Rebeka Cohen Rosa Neely Tamar Oppenheimer Vacant Applicants Rep. of the 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 Feint:lerg Fisher K-8 6/30/14 Rep. of the PTA for MB Sr. High School -06/30/14 City Commission designee Rep. of PTA North Beach Elem. School 06/30/14 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 desigflee Position/Title Applicants 950 Appointed by: Term Limit: Mayor Matti Herrera Bower 12/31116 Commissioner Jonah M. Wolfson 12/31/17 Commissioner Deede Weithorn 12/31115 Commissioner Jerry Libbin 12/31113 Commissioner Ed Tobin 12/31115 Commissioner Jorge Exposito 12/31117 Commissioner Michael G6ngora 12/31/18 Position/Title Board and Committees Current Members David Crystal Elsa Orlandini Kristen Rosen Gonzalez Laurie Kaye Davis Ma~orie York Elaine Litvak Judith Berson-Levinson Laura Cullen Marina Aviles 951 Board and Committees Current Members Committee on the Homeless Composition: The committee shall consist of nine (9) members, three (3) to be appointed by the Mayor and each Commissioner to appoint one (1). Sec. 2-161 The chairperson of the Committee on the Homeless or his/her designee shall serve as a non-voting ex- officio member of the Community Relations Board. Each member of the committee shall be selected from membership in an organization such as 1 but not limited to the following: Service Providers: Douglas Gardens Community Mental Health 1 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 jar Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel Association), South Pointe (South Pointe Advisory Board to the Red. Agency); member of the general public with personal experience with homeless issues CDBG Project Coordinator (ESG Emergency Shelter Grant Provider), city officials, representative from the Police Department and the City Attorney's Office as ex-officio members. City Liaison: Maria Ruiz Vacancy: To replace Rabbi Daniel Sherbill Members: Name Last Name Position/Title ------- Annsheila Turkel Cary Yee Quee Dale Gratz Gail Harris Jonathan Kroner Usa Ware TL 12/31113 Prakash Kumar Rachael Zuckerman Applicants Position/Title Eda Valero-Figueira Irina Pindelea Lean Rey Mitcnell Korus Rocio Sullivan Tuesday, October 01, 2013 12/31/2014 Commissioner Michael Gongora Term Ends: Appointed by: Term Limit: 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Mayor Matti Herrera Bower 12/31/2014 Commissioner Ed Tobin 12/31/19 12/31/19 12/31/14 12/31/16 12/31/2013 Commissioner Jorge Exposito 12/31/17 12/31/2014 Commissioner Jonah M. Wolfson 12/31/13 12/3112014 Commissioner Jerry Libbin 12/31/16 12/3112013 CommissionerDeedeWeithorn 12/31/17 Applicants Helen Swartz Kimberly Diehl Melissa Mokha Muayad Abbas Rosalie Pincus 952 Position/Title Page 16 of60 Board and Committees Current Members Community Development Advisory Committee Composition: Sec. 2-190.110 Committee shall be composed of fourteen (14) members. The Mayor and City Commissioners shall each make two (2) direct appointments. The fourteen (14) direct appointees shall fulfill the city affiliation requirement in either of the following ways: 1) At least seven (7) appointees shall either be: (a) Miami Beach residents, for a minimum of six (6) months, in non-target areas or (b) either city residents, or non-residents, who hold a leadership position in organizations that provide community development services to low and/or moderate-income people or neighborhoods, preferably within the city, provided 1 however1 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; or1 b) Demonstrate ownership/interest for a minimum of six (6) months in a business established in a locally designated community development target area for a minimum of six (6) months. City Liaison: Brian Gillis Vacancy: To replace Dorian Nicholson To replace Michael Bernstein Members: Name Last Name Position/Title ~ ~--~ ---------- Adam Greenberg Andrew Fuller Christina LaBuzetta Dona Zemo 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 Citywide Target Area Position/Title 12/31/2014 Commissioner Deede Weithorn 12/31/2014 Commissioner Jerry Libbin Term Ends: Appointed by: Term limit: 12/31/2014 Commissioner Deede Weithorn 12/31119 12/31/2013 Commissioner Jerry Libbin 12/31/20 12/31/2014 Commissioner Jonah M. Wolfson 12/31/19 12/3112014 Mayor Matti Herrera Bower 12/31/17 12/31/2013 Commissioner Ed Tobin 12/31/14 12/31/2014 Commissioner Ed Tobin 12/31/18 12/31/2013 Mayor Matti Herrera Bower 12/31/17 12/31/2013 Commissioner Jorge Exposito 12/31/20 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 12/31/2013 Commissioner Michael Gongora 12/31/2014 Commissioner Jorge Exposito 12/31/2013 Commissioner Michael Gongora Applicants Positionffitle Alejandro Dominguez Christina Nicodemou Jeffrey Feldman Juan Rojas Mark Wahl Monica Matteo-Salinas Sarah Johnston 12/31/20 12/31/20 12/31/19 "~"-''''""~-· -""~ • .-.-,.,.,., • ..,,._.-...,.,~~=c.=,;~~L"~'-~no~~n-,m,,~,;;'"'~"'~-'#W,..~-=""~"-"'-<•'"'-:.:<',<1.#$=->",o--»"·'r.o .. <"'·~..l<'ol' ""o'W!"..-~-~-~ .. W..-.·~>i--~~>r-'<~--""'-'<"'-_,..~~*'1,1ft<V'<""'"j:<"'..I'Vl'l=-~'.t Tuesday, October 01, 2013 Page 17 of60 (Continued .... 953 Board and Committees Current Members Steve Berke -~'~"~'·~--·-·-~ -"'''"'''-"-'"'-~~~--'"'·''"'''''''',"'~''-'"'~-'-''-''~'-M'"'k~~~w'o>~-· Tuesday, October 01, 2013 Page 18 of60 954 Board and Committees Current Members Community Relations Board Sec. 2·190.11 Composition: The board shall consist of seventeen (17) members. Eleven (11) members shall! be voting members to be appointed in the following manner: Seven (7) direct appointments, with the Mayor and each City Commissioner appointing a member. Three (3) members shall be appointed by the City Manager and one (1) ex-officio member shall be appointed by the Miami-Dade Community Relations Board from its membership. Four ( 4) non-voting, ex-officio members shall be the chairpersons or designees of the following: Commission on the Status for Women Committee on the Homeless, Hispanic Affairs Committee, and Police/Citizen Relations Committee. Two (2) non-Voting ex-officio,: the police chief or his or her designee and the director of the Bureau of Children's Affairs. The composition of the board shall be reviewed every two (2) years. City Liaison: Lynn Bernstein Vacancy: Members: To replace Laurie Kaye Davis 12/31/2014 Jimmy L. Morales, City Manager Name Last Name Position!ritle Term Ends: Appointed by: Term Limit: Adam Andres Barbara Brad Darin Debra Rabbi Solomon Robert Seth Lisa Ware Maria Ruiz Marjorie York Patty Hernandez Applicants Claudia Moncarz David Alschuler Eliane Soffer Ivan Rusilko Kravitz 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 Asian 12/31/2014 Kathie G. Brooks, Int. City Manager Montero 12/31/2014 Commissioner Jorge Exposito Fleet TL12/31/13 12/31/2013 Commissioner Deede Weithorn Feldman 12131/2013 Kathie G. Brooks, Int. City Manager Schwartz 12/31/2014 Commissioner Ed Tobin Schiff 12/31/2013 Mayor Matti Herrera Bower Sen a 12/31/2013 Commissioner Michael G6ngora Feuer 12/31/2014 Commissioner Jerry Libbin ex-officio Police Chief Designee ex-officio of Police Citizens Relations Committee ex-officio of Miami-Dade Comm. Relation Board ex-officio of the Committee on the Homeless ex-officio Director of the Bureau Childrens Affair ex-officio of MB Commission for Women ex-officio of Hispanic Affairs Committee Position/Title Applicants Dale Gratz David Crystal Irene Valines Jacobo Epelbaum Position/Title .. 12/31/20 12/31/15 12131/13 12/31/19 12/31/15 12/31/15 12/31/19 12/31/20 Tuesday, October OJ, 2013 Ptfge 19 of60 (Cominued. ... 955 Board and Committees Current Members Lori Gold Mark Balzli Peter Vallis Tuesday, October 01,2013 Maria Zayas-Bazan Monica Matteo-Salinas 956 Page 20 of60 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 ··----------- Alan Elizabeth Joshua Leon Roger Stuart Tim Bob Balsam Ita Moriarty Stephanie Ruiz Vacant Applicants David Lombardi Gayle Durham Mark Wahl Natalie Koller Last Name Position/Title .. ·---·- Lips Resnick Wallack Manne TL 12/31/13 Abramson Blumberg Nardi ex-off. Global Spectrum Adm Rep. ex-officio, GMCVB Adm Rep Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Jorge Exposito 12/31/19 12/31/2013 Commissioner Jonah M. Wolfson 12/31/20 12/31/2014 Commissioner Ed Tobin 12/31/19 12/31/2013 Commissioner Jerry Libbin 12/31/13 12/31/2014 Commissioner Michael Gongora 12/31/16 12/31/2013 Mayor Matti Herrera Bower 12/31/15 12/31/2013 Commissioner Deede Weithorn 12/31/17 ex-officio, Chairperson Bd. Of Dir. MBCC ex-officio member of the City Manager's Office Positionffitle Applicants Eric Lawrence Gotlinsky Barbara Michael Rotbart Rocio Sullivan 957 Position/Title Board and Committees Current Members Debarment Committee Sec. 2-190.128 Composition: The committee shall consist of seven (7) voting members to be individually appointed by the Mayor and Commissioners. The committee's purpose is to evaluate and, if warranted, to impose debarment as provided in Sections 2-397 through 2-406 of the City Code to exclude a contractor (and, in limited instances, a bidder or proposer) from city contracting and city approved subcontracting. City Liaison: Alex Denis Vacancy: Members: Name Anthony Darius Dr. Ronald Joseph Nayib Applicants To replace Stephen Zack To replace Melvyn Schlesser Last Name Position/Title Broad Asly Shane Hagen Estefan 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 12/31/2013 Commissioner Deede Weithorn 12/31/17 12/31/2013 Commissioner Jerry Libbin 12/31/17 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 12/31/2014 Commissioner Michael Gongora 12/31/20 Applicants Position/Title Lori Gold Zachary Cohen -=·~~.,..~~---~,,~=~'"'-'"~'i1'-=-~1,~·l~'ffllh..0..>!--ic\.J.f<-lo"-""''"'·'..o.'~'~~·...,.,.,._==«~l::f~rn:f~:l'f ~R I .• ,~I~');.Dr~;;..'k.Hkdd-~~~HI>f<"!-<'"~-- Tuesday, October 01,2013 Page 22 of60 958 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) tvvo 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) tvvo 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 tvvo (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/cityclerk/scroll.aspx?id=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CTIY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Thomas Mooney Vacancy: Members: Name To replace Lilia Medina Last Name Carol Housen Jason Hagopian Leslie Tobin Manuel (Mickey) Minagorri Marilys Seraj Nepomechie Saba Urban Planner Position/Title At-large Registered Architect Registered Architect At-large Architect Lands. Arch. TL 12/31/13 Gary Held advisory/City Attorney Designee 12/31/2014 City Commission Term Ends: Appointed by: ~---~---------~ 12/31/2014 City Commission 12/31/2013 City Ccmmission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission -=-'·~""""'-·ff.>!·>'···--£•> ,,.-,...,.·..,....~=""'"-~ ~~ -· "-~~, y_.;~~!~;«~·---"'"""''ilill<±l.a±.x-,~~-- Tuesday, October OJ, 2013 959 Term Limit: ·---------~ 12/31/16 12/31/15 12/31/16 12/31/17 12/31/17 12/31/13 Board and Committees Current Members Richard Lorber Vacant Applicants Adam Kravitz Andres Asian Elizabeth Carmargo Francis Steffens Jacqueline Lalonde Jeffrey Cohen Jurgen Brendal Sarah Johnston Stacy Kilroy Wesler Castellanos advisory/Acting Planning Director ex-officio/Disability Access Committee Positionrfitle Applicants Alexander Annunziato Brian Ehrlich Elsa Urquiza Gary Twist Jean-Francais Lejeune Jessica Conn Ryan Homan Seth Wasserman Terry Bienstock Positionrfitle --);'~!>o;.u'-~ ~""-""'~-T<-~ ............... ~~~-=-<'='•~<'<'"' jO"-.C""'"'-=="""""'"'~~-~,w . ....,..•~u-""-~·-"•""""""v.~.ve~~-~-,.-,,,.-.~,.-,'joW>e"l"!o~ . ./.:CC".c'Mx&kl;~<I-NI-...:~.ci'm.i-" ...... _--U;J••••~'*>;.OUI>i_,.""'-;'»>A-• Tuesday, October 01, 2013 Page 24 of60 960 Board and Committees Current Members Disability Access Committee Composition: 2006-3500 s 2-31 The Committee shall be composed of: A board quorum of eight (8) members and requiring at least eight (8) votes for board action. Fourteen (14) voting members who shall be direct appointees by the Mayor and City Commissioners. 1) persons having mobility impairments; 2) deaf and/or hard-of-hearing persons in the community; blind and/or vision impaired persons in the community; 3) mental, cognitive or developmental disabilities; 4) the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation). 5) One non-voting ex-officio member who is either a member of the disable community or has special knowledge of Americans with Disabiities Act (ADA) issues. As per ordinance 2011-3731, in addition to other power and duties, the chairperson of the committee may designate a committee member to attend meetings of other city agencies, boards, or committees for the purpose of providing and obtaining input regarding accessibllty 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: To replace Andrea Lisa Travaglia To replace John Bennet 12/31/2014 Commissioner Jorge Exposito 12/31/2013 Commissioner Jonah M. Wolfson Name Last Name Position/Title Term Ends: Appointed by: Term Limit: --------- Andrew Feuerstein 12/31/2014 Commissioner Jerry Libbin 12/31/19 David McCauley 12/31/2014 Commissioner Michael Gongora 12/31/20 David New 12/31/2014 Commissioner Deede Weithom 12/31/15 Dr. Susan Solman 12/31/2013 Commissioner Deede Weithom 12/31/19 Helen Swartz 12/31/2013 Commissioner Michael Gongora 12/31/18 Lawrence Fuller TL 12/31/13 12/31/2013 Commissioner Jerry Libbin 12/31/13 Lee Weiss 12/31/2014 Commissioner Jonah M. Wolfson 12/31/19 Matthew Meyer 12/31/2013 Commissioner Ed Tobin 12/31/20 Russell Hartstein 12/31/2013 Mayor Matti Herrera Bower 12/31/19 Sabrina Cohen 12/31/2014 Commissioner Ed Tobin 12/31/17 Susana Maroder-Rivera 12/31/2013 Commissioner Jorge Exposito 12/31/19 Wendy Unger 12/31/2014 Mayor Matti Herrera Bower 12/31/16 Tuesday, October OJ, 2013 Page 25 of 60 (Continued .... 961 Board and Committees Current Members Ex·officio member App1icants Position/Title Applicants Position/Title Britta Har1son Rafael Trevino 962 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 Carter Bruce Deborah Ruggiero Ellen Brazer Judith Berson-Levinson Lizette Lopez Melissa Broad Michael McManus Michelle Ricci Nathaniel Korn Tamra Sheffman Tiva Leser Applicants Beverly Heller Dale Stine David McCauley Dorian Nicholson Francinelee Hand James Weingarten Jeffrey Feldman Josephine Pampanas Nicole Doswell Patti Hernandez Position/Title Term Ends: Appointed by: Term Limit: ---••• ·----·--·---.,.·••---•••••••m 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 Michael Gongora 12/31/20 12/31/2014 Commissioner Jerry Libbin 12/31/18 12/31/2014 Commissioner Jorge Exposito 12/31/17 12/31/2013 Commissioner Jerry Libbin 12/31/16 12/31/2013 Commissioner Deede Weithorn 12/31/20 12/31/2013 Commissioner Ed Tobin 12/31/15 12/31/2014 Mayor Matti Herrera Bower 12/31/17 12/31/2014 Commissioner Ed Tobin 12/31/20 12/31/2014 Commissioner Jonah M. Wolfson 12/31/15 12/31/2014 Commissioner Deede Weithorn 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 963 Position/Title Page 27 of60 Board and Committees Current Members Gay, Lesbian, Bisexual and Transgender (GLBT) Ord. 2009-3635 Composition: The Committee shall consist of fifteen (15) voting members, with three (3) members to be directly appointed by the Mayor, and two (2) members to be directly appointed by each City Commissioner. Notwithstanding the preceding sentence, the initial membership of the Committee shall be comprised of those current members of the Mayor's Gay Business Development Committee, choosing to serve on the Committee, with any additional members (as required to complete the total number of members of the Committee) to be appointed at large by a majority vote of the City Commission. City Liaison: Diana Fontani 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 cano To replace Daniel Spring Last Name Position/Title Kemp Richter Brown Stine Farrow Richa Brown Veitia Iglesias Bath Barrios Barker Position/Title Dorian Nicholson Paolo Ambu Richard Murry Steven Adkins Tuesday, October OJ, 2013 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: 12/31/2014 Mayor Matti Herrera Bower 12/31/16 12/31/2014 12/31/2013 12/31/2014 Commissioner Ed Tobin 12/31/16 Commissioner Jonah M. Wolfson 12/31/19 Commissioner Michael Gongora 12/31/17 12/31/2013 Commissioner Jerry Libbin 12/31/16 12/31/2013 Mayor Matti Herrera Bower 12/31/17 12/31/2013 Mayor Matti Herrera Bower 12/31/17 12/31/2014 Commissioner Jorge Exposito 12/31/16 12/31/2013 Commissioner Deede Weithorn 12/31/18 12/31/2014 Commissioner Jerry Libbin 12/31/17 12/31/2014 Commissioner Deede Weithorn 12/31/16 12/31/2013 Commissioner Michael Gongora 12/31/16 Applicants Elizabeth Schwartz Rafael Trevino Stephan Ginez Walker Burttschell 964 Positionffitle Page28 of60 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: John Rebar Vacancy: Members: Name Gail Jeffrey Jenifer John Joseph Michael Kevin Smith Applicants Jane Hayes Mitchell Korus Zachary Cohen To replace Jeff Blumenthal 12/31/2014 Commissioner Deede Weithorn Last Name Position/Title Term Ends: Appointed by: Term Limit: Williams 12/31/2014 Commissioner Michael Gongora 12/31/20 Cohen 12/31/2013 Commissioner Jerry Libbin 12/31/16 Caplan 12/31/2013 Commissioner Jorge Exposito 12/31/17 Barker 12/31/2014 Commissioner Ed Tobin 12/31/15 Conway 12/31/2013 Mayor Matti Herrera Bower 12/31/18 Piazza 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 Joseph Landesman Robert Sena Position/Title Tuesday, October 01,2013 Page 29 of60 965 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:/ /miamibeachfl.gov/cityclerk/scroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Sonia Bridges Vacancy: Vacant CEOfMB Comm. Health 12/31/2013 City Commission Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: --------·· ------------· ------ Anthony Japour ACLF 12/31/2014 City Commission 12/31/16 Dr. Andrew Nullman Physician 12/31/2014 City Commission 12/31/14 Dr. Jay Reinberg Physician 12/31/2014 City Commission 12/31/16 Dr. Stacey Kruger Physician 12/31/2014 City Commission 12/31/16 Harold Foster Privae Individual 12/31/2013 City Commission 12/31/15 Rachel Schuster ACLF 12/31/2014 City Commission 12/31/16 Shaheen Wirk Private Individual 12/31/2013 City Commission 12/31/15 Steven Sonenreich CEO/Mt. Sinai/MH (NTL) 12/31/2014 City Commission Tobi Ash Nursing Profession 12/31/2013 City Commission 12/31/15 "-=--~f"l1"P",P,,Wl::•::r4'W-W4lV1lfiW~~»!'.'rl~,:!1,0,,,,~Y-.o.l.,.,,,-i;.o~o-. -<~-...w.MW .. w.<<'~~.,..,_<:>M:..-~"'"""'c.rv-t!'W::.< .. ~'io .• -o<~ .• "=of~~o'*-'i<',""'~"""''~-~~-;,1,-..,.;,,""'"'-'~:&~'!k~~---·.,.,._,·•"''-"-' Tuesday, October 01,2013 Page 30 of60 966 Board and Committees Current Members Todd Julie Zaharatos Maria Ruiz Applicants Ivan Rusilko Kara White Lisa Ware 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 Leah Rey 967 Position/Title 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://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 OTY 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 Elsa Orlandini Rosalie Pincus To replace Alison Attorney Stone Last Name Position/Title Unger Accountant Umlas Health Provider Sinnreich Health Provider Goldin General Business Chairperson, Health Advisory Board Position/Title 6/19/2017 City Commission Term Ends: Appointed by: Term Limit: 6/19/2016 City Commission FS 154-207 6119/2014 City Commission FS-154-207 6/19/2015 City Commission FS 154-207 6119/2014 City Commission FS 154-207 Applicants Position/Title Rachel Schuster Shaheen Wirk ....,...,....,.",~""""l"n""'""'"-· ~-'""""'"mffi);I"Ht\l'i,~;!='&-A,_M-.hl-.l:i~---·"''""'~'""~""~-.=.>m • .,.,,,...,.o.-c,~---· -'"~"""' Tuesday, October 01, 2013 Page32 968 Board and Committees Current Members Hispanic Affairs Committee Composition: Sec. 2-190.21 The committee shall consist of seven (7) members, with the Mayor and each Commissioner making one (1) appointment. The chairperson of the Hispanic Affairs Committee or his/her designee shall serve as a non-voting ex- officio member of the Community Relations Board. City Liaison: Nannette Rodriguez Members: Name Last Name ------------- Ana Cecilia Velasco Antonio Purrinos Eliane Soffer Francis Trullenque Ivan Cano Luz Rojas Patti Hernandez Applicants Maria Zayas-Bazan Regina Suarez Position/Title Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 Commissioner Michael G6ngora 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 Page 33 of60 969 Board and Committees Current Members Historic Preservation Board Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) members. There shall be a member from each of the following categories: 1) A representative from the Miami Design Preservation League (MDPL); Selected from three names nominated by the League. 2) A representative from Dade Heritage Trust (DHT); Selected from three names nominated by the Trust. Sec.118-101 3) Two at-large member who have resided in one of the City's historic districts for at least one year, and have demonstrated interest and knowledge in architectural or urban design and the preservation of historic buildings. 4) An architect registered in the state of Florida with practical experience in the rehabilitation of historic structures; 5) An architect registered in the United States, a landscape architect registered in the state of Florida, a professional practicing in the field of architectural or urban design or urban planning, each of the foregoing with practical experience in the rehabilitation of historic structures; or an attorney at law licensed to practice in the United States, or an engineer licensed in the state of Florida, each of the foregoing with professional experience and demonstrated interest in historic preservation. 6) A member of the faculty of a school of architecture in the state of Florida, with academic expertise in the field of design and historic preservation or the history of architecture, with a preference for an individual with practical experience in architecture and the preservation of historic structures. All members of the board except the architect, engineer, landscape architect, professional practicing in the field of architectural or urban design or urban planning and university faculty member of the board shall be residents of , the city, provided, however, that the city commission may waive this requirement by a 5/7ths vote in the event a person not meeting these residency requirements is available to serve on the board and is exceptionally qualified by training and/or experience in historic preservation matters. City Clerk's Note: Please see the "Agenda-Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http:/ /miamibeachfl.gov I cityclerkjscroll.aspx?id = 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda-Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Thomas Mooney Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ~~---------------------------·-----~- David Wieder Attomey 12/31/2013 City Commission 12/31/15 Dominique Bailleul At-large 12/31/2014 City Commission 12/31/16 Henry Lares Faculty Mem. TL 12/31/13 12131/2013 City Commission 12/31/13 Herb So sa MDPL 12131/2014 City Commission 12/31/15 Ira Giller Reg. Architect 1213112013 City Commission 12/31/17 Jane Gross Dade Heritage 12/31/2014 City Commission 12/31/16 Josephine Manning At-large 12/31/2014 City Commission 12/31/14 '«•~oc\,'!!''",-·;roo.~,C-"=;o~~-"~' ·""·"'·"~"'"""·-•<=-..=.===..=.'et·~,,. -coO:s~~-'"'"''"~"-'"'"'"wo_w._~~ ~-=--n•-''"o"'"""'''-~-~~ • .-"o..-';·t'roi'-o,:J> -±f,;.~,+..-~~~~·-Ll"<·.tl'>~«Difn......:..-~~./<n...,.,..,·o"',?-.-"<'--.< Tuesday, October OJ, 2013 Page 34 of60 (Continued .... 970 Board and Committees Current Members Applicants Albert Mertz Dona Zemo Elizabeth Pines Guy Simani Marilys Nepomechie Position/Title Applicants ----------------- Alejandro Dominguez Elizabeth Carmargo Francis Steffens Jean-Francois Lejeune Raymond Adrian Position/Title ------------- ~--· "'"""'""'""'L~~~n·.-~oo~a _, ~~"'"-~"''~w~·'==fi'M'4<1"\"'lf'•~=f'101'1'1ffi:lf<:l'ff :-N-~H·+.:I-.,......,.~"·--"".,..,='..c-·-""'v."·"-m-. ..-~=•"''""''""""'"'''-'W'''-· ~--*'"~""'""""~·~"'"'"'"' Tuesday, October 01, 2013 Page 35 of 60 971 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 Emilio DeJesus Fernandez Eugenio Cabreja Michael Band Peter Chavelier Raymond Adrian Applicants Gotlinsky Barbara Tuesday, October 01,2013 Position/Title HA Commissioner HA Commissioner HA Commissioner HA Commissioner HA Commissioner Position/Title Term Ends: Appointed by: Term Limit: 10/11/2013 Mayor Matti Herrera Bower 10/11/2016 Mayor Matti Herrera Bower 10/11/2013 Mayor Matti Herrera Bower 10/11/2015 Mayor Matti Herrera Bower 10/11/2014 Mayor Matti Herrera Bower Applicants Position/Title Prakash Kumar Page36 of60 972 10/11/17 10/11/18 10/11/16 10/11/19 10/11/18 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: vacant Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ---------------------------------------- Eric Lawrence 12/31/2014 Commissioner Michael Gongora 12/31/17 Jay Dermer 12/31/2014 Commissioner Jonah M. Wolfson 12/31/18 Juan Torres 12/31/2013 Mayor Mattl Herrera Bower 12/31/15 Mario Coryell 12/31/2014 Commissioner Jorge Exposito 12/31/17 Mayra Diaz Buttacavoli 12/31/2013 Commissioner Ed Tobin 12/31/17 Michael Rotbart TL 12/31/13 12/31/2013 Commissioner Deede Weithom 12/31/13 Steve Zuckerman 12/3112014 Commissioner Jerry Libbin 12/31/14 ex-officio member of the CDAC Patricia Walker ex-officio Finance director or his/her designee ~..±li}.oillt~,.,....w~-'i;>ii.-'-"MI!:ni'Ut~.,-·u'.I,~'~)-,!;W.'>Jo..'~"'""""'~"""""""' ..... ,W•TI<"'W~""-~---·~~~D-\fr,~ ... ~,""""'<'~"'-;;.,-Mriio~j,,'MW/~\-'i<\'."'.;Jo'i.f.'-,;,"c'e;;.;,;,"''"-"-""'"~ Tuesday, October 01, 2013 Page 37 of 60 973 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!fitle -~------------~~--------~--~ --~ Addison Sammet Cllristopher Todd Daniel Kipnis Joel Aberbacll Maurice Goodbeer Sasha Boulanger Stephen Bernstein Michael George ex~officio MB Marine Patrol Applicants Alex Espenkotter Jacobo Epelbaum William Cahill Tuesday, October 01, 2013 Position/Title Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Michael Gongora 12/31/20 12/31/2013 Commissioner Jorge Exposito 12/31/14 12/31/2013 Commissioner Jonah M. Wolfson 12/31/16 12/31/2014 Mayor Matti Herrera Bower 12/31/2014 Commissioner Jerry Libbin 12/31/2013 Commissioner Ed Tobin 12/31/2014 Commissioner Deede Weithorn Applicants Position/Title Elaine Roden Jonathan Beloff Page 38 of60 974 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 Gertrude Arfa To replace Ana Kasdin To replace Claudia Moncarz Members: Name Last Name Position/Title -----------·-· Debra Quade Elsa Orlandini (TL 12/31/13) Francinelee Hand Jessica Conn Karen Edelstein Kristen Rosen Gonzalez Laura Laura Leslie Maribel Marjorie Mercedes Nikki Regina Regina Roberta Rocio Vanessa Applicants Annette Cannon Barbara Morris Dale Gratz Cullen Bruney Coller Qui ala York Carlson Weisburd Berman Suarez Gould Sullivan Menkes Elizabeth Resnick Judith Berson-Levinson Marie Towers Merle Weiss Sharon Dodge Wendy Kallergis Tuesday, October OJ, 2013 (TL 12/31/13) (TL 12/31/13) Position/Title 12/31/2014 Commissioner Ed Tobin 12/31/2013 Commissioner Ed Tobin 12/31/2014 Mayor Matti Herrera Bower Term Ends: Appointed by: Term Limit: ·-·----------- 12/31/2013 Commissioner Jerry Libbin 12/31/19 12/31/2013 Commissioner Jonah M. Wolfson 12/31/13 12/31/2013 Commissioner Jerry Libbin 12/31/16 12/31/2014 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Commissioner Jerry Libbin 12/31/15 12/31/2014 Commissioner Jonah M. Wolfson 12/31/20 12/31/2013 Commissioner Michael Gongora 12/31/2014 Commissioner Jorge Exposito 12/31/2013 Commissioner Deede Weithorn 12/31/2014 Commissioner Jorge Exposito 12131/2013 Mayor Matti Herrera Bower 12131/2013 Commissioner Jorge Exposito 12/31/2014 Commissioner Ed Tobin 12131/2014 Mayor Matti Herrera Bower 12/31/2014 Commissioner Michael Gongora 12/31/2013 Commissioner Deede Wei thorn 12/31/2014 Commissioner Michael Gongora 12/31/2013 Commissioner Deede Weithom Applicants Position/Title Barbara Kaufman Britta Hanson Eda Valero-Figueira Jennifer Diaz Maria Zayas-Bazan Marjorie O'Neiii-Buttler Monica Matteo-Salinas Tamra Sheffman Wesler Castellanos 975 Page 12/31/19 12/31/13 12/31/15 12/31/16 12131/13 12/31/18 12/31/15 12/31/17 12/31/17 12/31/15 12/31/19 12/31/20 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 I cityclerkjscroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY 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 Uaison: Gary Farmer Vacancy: To replace Ileana Bravo-Gordon Members: Name Last Name Position/Title 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 Mark Balzli Monica Harvey TL 12/31/13 TL 12/31/13 Position/Title 12/31/2015 City Commission Term Ends: Appointed by: Term Limit: --··---- 12/31/2015 City Commission 12/31/15 12131/2013 City Commission 12/31/17 12/31/2015 City Commission 12/31/15 12/31/2014 City Commission 12/31/14 12/31/2014 City Commission 12/31/15 12/31/2013 City Commission 12/31/13 12/31/2015 City Commission 12/31/15 12/31/2013 City Commission 12/31/17 12/31/2013 City Commission 12/31/13 12/31/2014 City Commission 12/31/14 Applicants Bradley Ugent Christina LaBuzetta Eugenio Cabreja Jason Witrock Position/Title Kara White Michael McManus Monica Minagorri ... _..., ...... 7~""""""'"'''""'"""'"""'"_,_0""'~'' ''> '"'~-_...,,_,,,_'""''"'~-'''AC••-)o-"U'•-·~·=--••••"-•'• ~··~_,.-..,,, ... "'"~''~.:<:<.;:l>-· -· ,__-.,---.... N<n!>u<~"''"'"=V..''"'W"'W"'""''-·-~ u~)«H<'J:, ""'"'-''"'".-''"' ___ ((w,;,..., 'M~o>._c;,_cL~ ..... ~··•' Tuesday, Ocrober 01, 2013 Page 40 of 60 (Continued .... 976 Board and Committees Current Members Nathaniel Kom Patti Hernandez Tuesday, October 01, 2013 Nicole Doswell Steve Berke 977 Board and Committees Current Members Miami Beach Human Rights Committee 2010-3669 Composition: The committee shall consist of a minimum of five (5) and a maximum of eleven (11) members, with one (1) out of every five (5) members, to be a direct appointment by the Mayor, and with the remaining members to be at-large appointments of the City Commission. The members of the committee shall reflect as nearly as possible, the diversity of individuals protected under the City's Human Rights Ordinance. In keeping with this policy, not less than two (2) months prior to making appointments or re-appointments to the committee, the City Manager shall solicit nominations from as many public service groups and other sources, which he/she deems appropriate, as possible. At least one (1) of the committee members shall possess, in addition to the general qualifications set forth herein for members, a license to practice law in the State of Florida; be an active member of and in good standing with the Florida Bar, and have experience in civil rights law. The attorney member shall also serve as chair of the committee. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.govi and under the CTIY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on 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 Monica Harvey Rachel Umlas Rafael Trevino Walker Burttschell William Warren Jr. Applicants Andrea Lisa Travaglia Prakash Kumar Tuesday, October OJ, 2013 Position/Title Law Position/Title 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 12/31/2014 City Commission 12131/16 12/31/2013 City Commission 12/31/16 12/31/2013 Mayor Matti Herrera Bower 12/31/19 Applicants Position/Title Dr. Andrew Nullman Puge42 of60 978 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: Term Limit: Annette Fromm other 12/31/2014 Mayor Matti Herrera Bower 12/31/19 Bruce Reich Nahariya, Israel TL 12/31/13 12/31/2014 Mayor Matti Herrera Bower 12/31/13 Charlotte Libov other 12/31/2013 Mayor Matti Herrera Bower 12/31/20 Elaine Roden Basel, Switzerland 12/31/2013 Mayor Matti Herrera Bower 12/31/17 Faye Goldin other 12/31/2014 Mayor Matti Herrera Bower 12/31/18 Gary Twist Fortaleza Brazil 12/31/2014 Mayor Matti Herrera Bower 12/31/17 George Neary other 12/31/2014 Mayor Matti Herrera Bower 12/31/16 Ileana Bravo-Gordon Rio de Janeiro, Brazil 12/31/2014 Mayor Matti Herrera Bower 12/31/19 Ivan Rusilko other 12/31/2013 Mayor Matti Herrera Bower 12/31/20 Jacobo Epelbaum other 12/31/2013 Mayor Matti Herrera Bower 12/31/19 Jenna Ward Almonte, Spain 12/31/2013 Mayor Matti Herrera Bower 12/31/19 Jennifer Diaz Santa Marta. Colombia 12/31/2014 Mayor Matti Herrera Bower 12/31/19 Jessica Londono lea. Peru 12/3112014 Mayor Matti Herrera Bower 12/31/17 Michael McNamee Fujisawa, Japan 12/31/2013 Mayor Matti Herrera Bower 12/31/20 Nuccio Nobel Cozumel, Mexico 12/31/2013 Mayor Matti Herrera Bower 12/31/16 Ray Breslin Brampton. Canada 12/31/2013 Mayor Matti Herrera Bower 12/31/16 Roberto DaTorre other 12/3112013 Mayor Matti Herrera Bower 12/31116 Wendy Kallergis Pescara. Italy 12/3112013 Mayor Matti Herrera Bower 12/31/19 Zeiven Beitchman other 12/31/2014 Mayor Matti Herrera Bower 12/31/14 Applicants Position/Title Applicants Position/Title Ada Llerandi Charles Million Claudia Moncarz Darin Feldman Dr. Andrew Nullman Gabriel Paez Josephine Pampanas Marcella Paz Cohen Michael Rotbart Rabbi Daniel Sherbill Raymond Adrian Tamra Sheffman Walter Lucero -;l.,z.I.='OI..--""«•'i.o»i">.J•~~~'"'-"'~"t<<6o·,,y="'-·~;";'i;;!.illi -~_'ffi.« .. ,f~......._,_,_,.,""-"'-'-'~~v4mt''•,_,.,~--=-=1>ffmr.11'A-nlff"1'<1~~"'' 'llff.=ffmff Tuesday, October 01, 2013 Page43 of60 979 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"" 72.497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section 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: vacant Members: Name John Mark Ronald Applicants Andrew Fuller Marie Towers Tegan Eve Last Name Bowes Wojak Loring Tuesday, October 01, 2013 Positionffitle Position/Title Term Ends: Appointed by: 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Term Limit: 12/31/18 12/31/18 12/31/14 Applicants David Alschuler Monica Minagorri Position/Title Page44 980 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: John Rebar Vacancy: Members: To replace Lizette Lopez 12/31/2013 Commissioner Jerry Libbin Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: (TL 12./31/13) 12/31/2014 Mayor Matti Herrera Bower 12/31/13 Amy Harriet Rabin Halpryn 12/31/2014 Commissioner Jonah M. Wolfson 12/31/15 Jonathan Groff 12/3112014 Kim Leslie Meryl Daniel Nixon Stephanie Rosen vacant Applicants Brovm Eve Graff Wolfson TL 12/31/13 12/31/2013 12/31/2014 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 Positionffitle Annette Cannon Dolores Hirsh Jason Witrock Mojdeh Khaghan Paul Stein Christina Niccdemou Irina Pindelea Mark Balzli Moni Cohen Peter Vallis Stefan Zachar Jr. Walter Lucero Tuesday, October 01, 2013 981 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/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 CnY 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 Commission Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ----·-------··----------------- Gabriel Paez 12/31/2014 Laurie Kaye Davis 12/31/2013 Lori Gold 12/31/2014 Mojcleh Khaghan 12/31/2014 Rosalie Pincus 12/31/2013 Christopher Diaz elected 07/20/2011 exp. 7/31/2014-Group I Evette Phillips elected 07/09/2012 exp. 7/31/2015 Group III George castell elected 07/01/2013 exp. 7/31/2016 Group II Sylvia Crespo-Tabak Human Resources Director Applicants Position/Title Applicants Elsa Orlandini City Commission City Commission City Commission City Commission City Commission Position/Title Adam Kravitz Harold Foster Richard Preira Kristen Rosen Gonzalez 12/31/15 12/31/18 12/31/18 12/31116 12/31/15 _.,,~~~~-~~--~---~·,~--~--'*d--'·""~~--~*---~--···-----~-··--~-~~-~-----~·~~-~-~--_,.,. ............ , .. -~~·-····· Tuesday, October OJ, 2013 Page 46 of60 982 Board and Committees Current Members Planning Board Sec. 118-51 Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular voting members. The voting members shall have considerable experience in general business, land development, land development practices or land use issues; however, the board shall at a minimum be comprised of: 1) one architect registered in the state of Florida; or a member of the faculty of a school of architecture in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture; or a landscape architect registered in the state of Florida; or a professional practicing in the fields of architectural or urban design, or urban planning; 2) one developer who has experience in developing real property; or an attorney in good standing licensed to practice law within the United States. 3) one attorney licensed to practice law in the state of Florida who has considerable experience in land use and zoning issues; 4) one person who has education and/or experience in historic preservation issues. For purposes of this section, the term "education and/or experience in historic preservation issues" shall be a person who meets one or more of the following criteria: A) Has earned a college degree in historic preservation; B) Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or C) Is recognized by the city commission for contributions to historic preservation, education or planning; and 5) three persons who are citizens at large or engaged in general business in the city No person except a resident of the city, who has resided in the city for at least one year shall be eligible for appointment to the planning board. The City Commission may waive the residency requirements by a 5/7ths vote in the event a person not meeting these requirements is available to serve on the board and is exceptionally qualified by training and/or experience. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http:/ jmiamibeachfl.gov/cityclerkjscroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Katia Hirsh. Members: Name Last Name ~---~------ Charles Frank Henry Jack Jean-Francais Jonathan Robert Urstadt Kruszewski Stolar Johnson Lejeune Bel off Wolfarth Tuesday, October OJ, 1013 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 12/31/17 983 Board and Committees Current Members Applicants Aaron Davis Albert Mertz Alexander Annunziato Brian Ehrlich Elizabeth Carmargo Gary Twist Jacqueline Lalonde Jessica Conn Joy Malakoff Muayad Abbas Robert Sena Sarah Johnston Positionffitle Applicants Adam Kravitz Alex Espenkotter Andres Asian Dominique Bailleul Francis Steffens Guy Simani Jeffrey Cohen Joshua Wallack Madeleine Romanello Noah Fox Ryan Homan 984 Positionffitle Page48 of60 ----------- Board and Committees Current Members Police Citizens Relations Committee Composition: Sec. 2-190.36 The committee shall consist of seventeen (17) members, fourteen (14) of whom shalt be voting members. The members shalt be direct appointments with the Mayor and City Commissioners, each making two (2) individual appointments. One (1) non-voting ex-officio member shalt 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 shalt 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 shalt 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 Beverly Claire Gianluca Glenda Hope Jared Michael Mitchell Nelson Steven Walter Alex Bello R. Martinez To replace Michael Grieco To replace Dina Dissen To replace Jonatan Parker Last Name Aberbach Warren Fontani Krongold Fuller Plitt Perlmutter Korus Gonzalez Oppenheimer Lucero Position/Title (TL 12/31113) Non-adm. Personnel of the PD Police Chief 12/31/2014 Commissioner Michael Gongora 12/31/2014 Commissioner Jeny Libbin 12/31/2013 Commissioner Jonah M. Wolfson Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Jorge Exposito 12/31113 12/31/2013 Mayor Matti Herrera Bower 12/31118 12/31/2014 Commissioner Jorge Exposito 12131118 12/31/2014 Commissioner Ed Tobin 12/31/15 12/31/2013 CommissionerJerry Libbin 12/31/16 12/31/2013 Commissioner Deede Weithorn 12/31/15 12/31/2014 Commissioner Michael Gongora 12/31/20 12131/2013 Mayor Matti Herrera Bower 12/31/18 12/31/2013 Commissioner Ed Tobin 12/31/15 12/31/2014 Commissioner Jonah M. Wolfson 12/31/17 12/31/2013 CommissionerDeedeWeithorn 12/31/19 'fW---I-1~ >:"'--/,,,," "' /~,.,-,~.....,.~~·-.~~.,;,-~,-=--=-.-. ' -·'""'""c-~·"•~""-'"-'"·'·""""""->""' ·"'"< +: ............ %~.,.W,-HIN:f'!+m< .• ! ~~-' ··' '·'•-~h><.-.~>.ll:r_,.>l-,""'hl4Wh,.._, •.. ~··.,,'w&Y.,w.:·~~,-.-,.:~.~·,;,-_.,.,.,,._.,.. .....-.-<•--"'""-''-' Tuesday, October 01, 2013 Page 49 of 60 (Continued .... 985 Board and Committees Current Members Applicants ---~ Alejandro Dominguez Christina LaBuzetta Eugenio Cabreja Irene Valines Kimberly Diehl Lori Gold Melissa Mokha Richard Preira Position/Title Applicants Alex Espenkotter David Crystal Irene Valines Irina Pindelea Laura Cullen Marina Aviles Rachel Schuster Tegan Eve Positionffitle -~~~·.,'i";-'l<il'li.>i~'ii'J;o''i!O_.;.. ...,.,..-'cw'•~'""~'~--·-·-·~-.~,'.~-?,.._<J<><>'-·""""-r~--"-~----~""*--=='=· ··~,.M~><R-.-.1/o!'_..""''·M:~ .. !"''"A'M.-,#f•o>-.:~O(I'>#H'ffl __ I',IH.,."""-----~~--'-""' Tuesday, October 01, 2013 Page 50 of60 986 ------------------ 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: To replace Joyce Gal but Production Members: Name Last Name Position/Title ·-·--·----- Albert Mertz Recording Industry Allee Newhoff Fashion (TL 12/31/13) Belkys Nerey Production Bruce Orosz Fashion Ivan Parron News Media Noreen Legault-Mendoza TV/Film Applicants Christina Nicodemou Lisa Ware Positionffitle 12/31/2014 Mayor Matti Herrera Bower Term Ends: Appointed by: Term Limit: 12/31/2013 Commissioner Jerry Libbin 12/31/20 12/31/2014 Commissioner Jorge Exposito 12131113 12/31/2013 Commissioner Deede Weithorn 12/31118 12/31/2014 Commissioner Ed Tobin 12131115 12/31/2014 Commissioner Michael Gongora 1"2/31116 12/31/2013 Commissioner Jonah M. Wolfson 12/31/17 Applicants Position/Title Irene Valines 987 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 12/31113) (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 12/3112013 Commissioner Jerry Libbin 12/31/17 12/3112014 Commissioner Jorge Exposito 12131/19 12/31/2013 Commissioner Michael Gongora 12131/17 12/31/2013 Commissioner Jonah M. Wolfson 12131/19 12/31/2014 Mayor Matti Herrera Bower 12/31/2013 Commissioner Deede Weithorn 12/3112013 Commissioner Michael Gongora 12/3112014 Commissioner Ed Tobin Applicants Position/Title Leah Rey Michelle Green William Cahill 12131/13 12/31/16 12131/19 12131/14 -~-~~-·"-·-~~-~~--~,~-·-"----~------~~---"·-------~-~·--·-~="·~----~--~---.-~"·~-------~--------Tuesday, October OJ, 2013 Page 52 of60 988 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 12131114) Rafael Sixto Registered Design Prof. 12/31/2013 (TL12131/14) Members: Jimmy Morales, City Manager Jimmy Morales, City Manager Jimmy Morales, City Manager Name Last Name new member Positionffitle Term Ends: Appointed by: 1213112013 Term Limit: Applicants PositionJTitle Applicants Position/Title Joseph Landesman Tuesday, October OJ, 1013 Page 53 of60 989 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 trends1 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 Commissioner Gongora David Doebler Debra Leibowitz Gabriele Van Bryce Luiz Rodrigues Mitc/1 Novick Priscilla Schmidt Applicants Amy Rabin Daniel Manichello Gisele Colbert Marivi Iglesias Walker Burttschell Position/Title Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Commissioner Jerry Libbin 12/31/2013 Commissioner Deede Weithorn 12/31/2014 Commissioner Michael Gongora 12/31/2014 Commissioner Ed Tobin 12/31/2013 Mayor Matti Herrera Bower 12/31/2014 Commissioner Jorge Exposito Applicants Position/Title Andrea Lisa Travaglia Elizabeth Pines Kimberly Eve Russell Hartstein --·· 12/31/20 12/31/15 12/31/17 12/31/15 12/31/16 12/31/20 «<ii·,Y'i;"t~;'I<~;~~~--"'"''C,(>,;,cho~c>..•~.._.~"'=""""Y'tr,._,~,~·~,.."~=-~;ll''fi~'iffi"i<~"Nir,-~tv.M<ti>·-~--li±tf..J.ffl..J<HNh''!.'AA'kll'k&r~$~"''""'""-'""'~'""'-'<-''"''"'~ii>"""""'·'«i>tl"'"'•ro"+" Tuesday, October 01, 2013 Page 54of60 990 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 Positionffitle 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 12/31/2013 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 Laure Mckay Marlene Pross Melissa Mokha Ronald Starkman Stephen Donnelly Steve Berke Vicki Petruzzelli Tuesday, October OJ, 2013 Page 55 of60 991 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 Last Name Position/Title Term Ends: Appointed by: Term Limit: --~ ·---~--~ Dr. Corey Narson 12/31/2014 Commissioner Jerry Libbin 12/31/18 Eric Ostroff 12/31/2014 Commissioner Deede Weithorn 12/31118 J.P. Morgan 12/31/2013 Commissioner Michael Gongora 12131114 Josephine Pampanas 12/31/2014 Mayor Matti Herrera Bower 12/31/14 Maria Mayer 12/31/2013 Commissioner Ed Tobin 12/31/16 Scott Diffenderfer 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 Seth Wasserman 12/31/2013 Commissioner Jorge Exposito 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 Rep. for NBDC 12/31/13 vacant Rep. for Lincoln Road Marketing William "Bill" Hahne Rep. for MDPL 12/31/13 Applicants Amy Rabin Daniel Manichello David McCauley Gianluca Fontani Tuesday, October 01, 2013 Positionffitle Applicants Cheryl Jacobs David Alschuler Dorian Nicholson Jeffrey Feldman 992 Position/Title Page Board and Committees Current Members Laure Mckay Sasha Boulanger Mance Buttram Steven Oppenheimer ~~·-·='"'"-"~·-·· -· -·· ·-···-~···~··-· .. -··~-~ .. ''"·-·~·~-·~·-''''""'~'''=-·----··--.,~--~-·~~~~~~········ Tuesday, October 01, 2013 Page 57 of60 993 Board and Committees Current Members Visitor and Convention Authority Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) member who shall be permanent residents of Miami-Dade County. Sec. 102-246 The seven (7) members of the authority shall be representative of the community as follows: 1) Not less than two (2) nor more than three (3) members shall be representative of the hotel industry; 2) and the remaining members none of whom shall be representative of the hotel industry, shall represent the community at-large. Any member of the authority or employee therefore violating or failing to comply with provisions of this article shall be deem to have vacated his office or position. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http:/ /miamibeachfl.gov J cityclerk/ scroll.aspx?id ""72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CTIY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda-Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Grisette Roque. Members: Name Aaron Jaqueline Jeff Keith Margaret (Peggy) Micky Steven Last Name Perry Hertz Lehman Men in Benua Ross Steinberg Adkins Position/Title At-Large At-large TL 12/31/13 Hotel Industry TL 12/31/13 Hotel Industry At-Large At-large At-large Applicants Albert Mertz Charles Million Dona Zemo Harold Foster Jeffrey Graff Joshua Wallack Laure Mckay Natalie Koller Position/Title Tuesday, October 01, 2013 Term Ends: Appointed by: Term Limit: - ----------- 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2014 City Commission Applicants Calvin Kohli Christy Farhat Eric Lawrence James Lloyd Jennifer Diaz Karen Brown Laurence Herrup Seth Feuer 994 Position/Title Page 58 of60 12/31/16 12/31/13 12/31/13 12/31/15 12/31/17 12/31/15 12/31/14 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 Weithorn Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Barbara Jeffrey Matthew Morris Robert William Brian Flynn Joe Fisher Margarita Wells Applicants Alan Fishman Gisele Colbert Kimberly Eve Silvia Rotbart Hershkowitz Feldman Krieger Sunshine Kraft Cahill (TL 12/31/13) 12/31/2014 Commissioner Jerry Libbin 12/31/2013 Mayor Matti Herrera Bower 12/31/14 12/31/19 12/31/2014 Commissioner Michael Gongora 12/31/13 12/31/2013 Commissioner Jorge Exposito 12131/15 12/31/2013 Commissioner Jonah M. Wolfson 12/31/16 12/31/2013 Commissioner Ed Tobin 12/31/20 ex-officio, Miami-Dade Co. Dept of Env. Res. Mgmt. ex-officio, City's Beach Patrol Lifeguard II ex-officio, City's Environmental Specialist Position/Title Applicants Andrew Fuller James Weingarten Luiz Rodrigues Position/Title Tuesday, October 01, Page 59 of60 995 Board and Committees Current Members Youth Center Advisory Board Composition: The board shall consist of ten (10) members, Sec. 2-186 seven (7) of whom shall be voting members affiliated with the Scott Rakow Youth Center. Two (2) student resident users of the facility shall serve as non-voting ex-officio members; one ( 1) of these student users must attend a middle school, and the other must attend a high school. The director of the office of children's affairs shall serve as a non-voting ex-officio member. The chairperson of the Youth Center Advisory Board or his designee shall serve as a non-voting, ex-officio member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and Recreational Facilities Board. City Liaison: Ellen Vargas Vacancy: Members: Name Annette Dana Esther Jeffrey Michael Paul Stephanie Maria Ruiz Applicants Last Name Cannon Turk en Egozi Choukroun Graff 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 Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Ed Tobin 12/31/18 12/31/2013 Commissioner Jorge Exposito 12/31115 12/31/2014 Commissioner Michael Gongora 12/31/17 12/31/2014 Commissioner Jerry Libbin 12/31/16 12/31/2013 Commissioner Jonah M. Wolfson 12131/19 12/31/2014 Mayor Matti Herrera Bower 12/31116 12/31/2013 Commissioner Deede Weithorn 12131/15 Applicants Position/Title --------------- Andrea Lisa Travaglia Christy Farhat *"'W'""''~'""''m"'''-"~· . ~-~.~~··-·-~~~·-~~ ..... >-, •• , • w' '~'"''''-"m'''~''"'w''~''-w•-••••-~-~~?--~~·••"'~~· ~· ·.•.~•• Tue~day. October 01, 2013 Page 60 o/60 996 ----~~----------------- City Commission Committaas eommm. First Nama Finance & Citywide Projects Committee Chairperson Vice-Chair Member Alternate Liaison Commissioner Deede Weithorn Commissioner Jorge Exposito Commissioner Michael Gongora Commissioner Jerry Libbin John Taxis, Assistant City Manager Land Use & Development Committee Chairperson Commissioner Michael Gongora Vice-Chair Commissioner Jonah Wolfson Member Commissioner Jerry Libbin Alternate Commissioner Ed Tobin Liaison Richard Lorber, Acting Planning Dir Neighborhood/Community Affairs Committee Chairperson Commissioner Edward L. Tobin Vice-Chair Commissioner Jerry Libbin Member Commissioner Jorge Exposito Alternate Commissioner Jonah Wolfson Liaison Barbara Hawayek, City Manager Tuesday, October 01, 2013 997 Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Page 1 of 1 NON-CITY COMMISSION COMMITTEES Ricky Arriola • The Adrienne Arsht Center for the Performing Arts Center Trust 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 Agmt for Public School Facility Planning MDC Victor Diaz 998 NON-CITY COMMISSION COMMITTEES • Miami-Dade County Charter Review Task Force Commissioner Michael Gongora • Miami Dade League of Cities Mitchell Kaplan • The Adrienne Arsht Center for the Performing Arts Center Trust Richard Milstein • The Adrienne Arsht Center for the Performing Arts Center Trust Commissioner Deede Weithorn • Miami-Dade County Homeless Trust Board 999 THIS PAGE INTENTIONALLY LEFT BLANK 1000 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me bers of !~mission FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: BOARD AND COMMITTEE APP INTMENTS-CITY COMMISSION APPOINTMENTS ADMINISTRATION RECOMMENDATION Make appointments as indicated. BOARDS AND COMMITTEES 1. Affordable Housing Advisory Committee (3 vacancies) 2. Board of Adjustment (1 vacancy) 3. Design Review Board (1 vacancy) 4. Health Advisory Committee (1 vacancy) 5. Health Facilities Authority Board {1 vacancy) 6. Miami Beach Cultural Arts Council (1 vacancy) 7. Miami Beach Human Rights Committee {1 vacancy) 8 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://miamibeachfl.gov/cityclerklscroll.aspx?id=72497 Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting and click on City Commission At-Large Nominations. JM/REG ~ F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR 1 0-16-2013.doc 1001 Agenda Item R CiA I Date ttJ-(6-/3 ~ 0 0 N 18NE I THURSDAY. AUGUST 29. 2013 1\,F MiamiHerald.com I MIAMI HERALD MIAMI BEACH NOTICE OF LAND USE BOARD VACANCY DESIGN REVIEW BOARD The City of Miami Beach Is currently seeking appllca11ons to fill a vacancy on the Design Review Board. The Design Review Board is composed of seven members. The current vacancy is for the following category: One architect registered In the United States, or a professional practicing in the fields of architectural or urban design, or urban planning; or resident with demonstrated interest or background in design issues; or an attorney in good standing licensed to practice law within the United States. The Design Review Board's powers and duties Include the following: 1) To promote excellence In urban design. 2) To review all applications requiring design review approval for all properties not located within a designated historic district or not designated as a historic site. For works of art In the Art in Public Places program, the Design Review Board shall serve as advisor to the City Commission, and may Impose binding criteria, as provided In Chapter 82. Article VII. Art In Public Places. 3) To prepare and recommend adoption of design plans pertaining to neighborhood studies. 4) To hear and decide appeals of the Planning Director when deciding matters pursuant to Section 118-260. The Design Review Board is a quasi-Judicial board, whose members are appointed with the concurrence of at least four members of the City Commission. The members of the Design Review Board are subject to all applicable, State, County and City ethics laws, as well as Sections 2-21 through 2-27 and Sections 118-71 through 118-77 of the Miami Beach City Code. Interested persons with applicable backgrounds may submit their application, resume, photograph and professional Ucense(s) at http://secure.mlamibeacbfl goy/bcapp/bacupload.aspx or in person at the Office of the City Clerk, 1700 Convention Center Drive, Miami Beach, A.. 33139. All Board members serve without compensation. All Board members receive an annual parking decal. Rafael E. Granado, City Clerk City of Miami Beach 32NE I SUNDAY. SEPTEMBER 15. 2013 'JE M.IAMIBEACH NOTICE OF VACANCY BOARD OF ADJUSTMENT The City of Miami Beach is currently seeking applications to fill a vacancy on the Board of Adjustment. The Board of Adjustment is composed of seven members. The current vacancy is for the At-Large category: The Board of Adjustment's powers and duties include the following: • To hear and decide appeals when it is alleged that there 1s error in any order, requirement. decision, or determination made by an administrative official in the enforcement of the Land Development Regulations, with the exception of appeals pursuant to Section 118-197 and Section 118-262 of the Miami Beach City Code. In exercising this power, the Board of Adjustment may upon appeal, reverse or affirm, whdly or partly, the order, requirement, decision or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of five members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the Board is required to pass under the land development regulations. • To authorize, upon application such variance from the terms of the Land Dev~opment Regulations as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of a provision of the Land Development Regulations would resutt in unnecessary and undue hardship. An affirmative vote of five-sevenths of all members of the Board shall be necessary to approve any variance request. • The Board of Adjustment shall serve as the City's Floodplain Management Board and shall have the authority to exercise all powers and perform all duties assigned to such Board pursuant to Section 54-131 et seq. of the Miami Beach City Code and Resolution No. 93-20698, and in accordance with the procedures set forth therein as such ordinance and resolution may be amended from time to time. The Board of Adjustment is a quasi-judicial Board, whose members are appointed by a 5fi'h vote of the members of the City Commission. Members of the Board of Adjustment must either be residents of or have their principal place of business in Miami Beach. The members of the Board of Adjustment are subject to all applicable, State, County and City ethics laws, as well as Sections 2-21 through 2-27 and Sections 118-131 through 118-138ofthe Miami Beach City Code. Interested persons with applicable backgrounds may submit their application, resume, photograph and professional license(s) at http://secure.miamibeachfl.govlbcaop/bacupload.aspx or in person at the Office of the City Clerk, 1700 Convention Center Drive, Miami Beach, FL 33139. All Board members serve without compensation. All Board members receive an annual parking decal. Rafael E. Granado, City Clerk City of Miami Beach 1003 THIS PAGE INTENTIONALLY LEFT BLANK 1004 R9 -New Business and Commission Requests R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R982 Dr. Stanley Sutnick Citizen's Forum. (5:30p.m.) AGENDA ITEM: R981-2 DATE: /0-{(,-13 1005 THIS PAGE INTENTIONALLY LEFT BLANK 1006 R9 -New Business and Commission Requests R9C Update On The Miami Beach Convention Center Project. (City Manager's Office) 1007 Agenda Item R f{ C Date /0-16-13 THIS PAGE INTENTIONALLY LEFT BLANK 1008 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: September 25, 2013 Re: Convention Center Project Mr. Manager: In light of last week's decision by the Third District Court of Appeals, that removed the referendum regarding the Convention Center Master Plan from the November 5, 2013 ballot, I have a few questions: • I would like to know what the plan of the Administration is now for ensuring that the project stays on course. • I would like to know what the plan of our Legal Department is for continuing moving forward with the project and what ramifications this decision has on this project, other projects we may wish to undertake, or on other Cities in the State? • I believe we need to engage in a discussion with our partners in this project and get an understanding from them, in writing, as to their continued commitment to the project and plans we developed together. Do we need to reexamine the timing and phasing of the project in light of the Decision? Should we consult with our partners on a new timetable for the referendum, one that may require a special election at their sole cost? I would like for you to present to the Commission at our October 16, 2013 meeting what the outcomes of those discussions are, as well as a detailed plan for moving this critical project forward as quickly as possible. I see this as an opportunity to better educate our residents as to the value of the plan, as well as the exact benefits and components that make up this project. Should you have any questions, please contact Gabrielle Redfern at extension 6157. Thank you. MHB/ fgr 1009 Agenda Item B q C. I Date /0-fb-1.3 THIS PAGE INTENTIONALLY LEFT BLANK 1010 G MIAMI BEACH OFFICE m fHE: MAYOR. AND COMMISSION MEMORANDUM lO: FROM: DATE: Jlmmy Morales, City Manager ~~.d de Weithom, Finance Chair Michael G6ngora, Commissioner~ August 21, 2013 SUBJECi: Noise Working Group Addition I would like to recommend Henry Stolar for the Noise Working Group as I believe he would be a wonderful aaaet to the group. If you have any queatlona please feel free to contact my aide Diana Fontanl at ext 6087. MG/df 1011 Agenda Item R 9 D Date /0~{6~/3 G MIA.MI BEACH OFFICE Of THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City M;maser Commissioner Oeede Welthorn, Finance Chair FROM: Jorge R. Exposito, Commissioner DATE: Ausust 26, 2013 SUBJECT: Nolst Working Group I would like to nominate Henry Stolar for the Noise Working Group. I trust he would be! a great member for thls1roup. If you have any additional questions please feel free to contact my I ide Nattaly Cuervo at ext. 6457. Thank you, JRE/nc cc: Robert Parcher, City Cll!!tk 1012 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 ore com milled Ia providing exceilenl public service and safery lo all who live, work, and play in our vit 1013 Agenda ltem__._B---..:.....9-'--E __ Date /0-(6-13 THIS PAGE INTENTIONALLY LEFT BLANK 1014 ', / \ OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Jimmy Morales, City Manager Rafael E. Granado, City Clerk Jose Smith, City Attorney Jorge R. Exposito, Commissioner September 16, 2013 Referral to Finance and Citywide Projects Committee: Off Duty Police Officers Liability MEMORANDUM Please place a Discussion item on the October 16, 2013, Commission Meeting Agenda with referral to Finance and Citywide Projects Committee regarding the liability of Police Officers as it pertains to off duty work. Should the hiring entity assume liability for the officers hired; or should the City of Miami Beach review cost to insure off duty officers and purchase liability insurance for those individuals? We trust that you will find all in good order. Should you have any questions, please feel free to contact my Aide, Nattaly Cuervo at 6457. Best regards, JE/nc 1015 Agenda Item f? q F Date l0-'6= 13 THIS PAGE INTENTIONALLY LEFT BLANK 1016 OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Jimmy Morales, City Manager Rafael E. Granado, City Clerk Jose Smith, City Attorney Jorge R. Exposito, Commissioner September 27, 2013 Referral to Commission MEMORANDUM Please place a Discussion item on the October 16, 2013 Commission Meeting Agenda regarding the building located on 1701 Meridian Ave. I would like to discuss the construction and permitting status on the VCA offices as well as Representative David Richardson office. We trust that you will find all in good order. Should you have any questions, please feel free to contact my Aide, Nattaly Cuervo at 6457. Best regards, JE/nc 1017 Agenda Item R Cf 6- Date to-t&~t 3 --------------------- THIS PAGE INTENTIONALLY LEFT BLANK 1018 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A DISCUSSION DELINEATING POTENTIAL CONCERNS ON TWO FUTURE ROADWAY PROJECTS TO BE NDERTAKEN BY THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) ALONG ALTON ROAD, FROM MICHIGAN AVENUE TO 43RD STREET AND FROM 43Ro STREET TO EAST OF ALLISON ROAD; AND URGING FOOT TO ENSURE THAT ALL COMMUNITY CONCERNS, INCLUDING, BUT NOT LIMITED TO, LOSS OF ON-STREET PARKING, IMPACTS TO MATURE SHADE TREES, AND APPROPRIATE BICYCLE FACILITIES, ARE PROPERLY ADDRESSED AS PART OF THE RESPECTIVE FUTURE ALTON ROAD PROJECTS. BACKGROUND The Florida Department of Transportation (FOOT) is developing the design for two (2) future projects on Alton Road -Alton Road from Michigan Avenue to 43rd Street/Ed Sullivan Drive and Alton Road from 43rd Street to east of Allison Road. The projects are planned for construction in 2016 and 2017, respectively. City staff from various departments has been meeting with FOOT project staff and providing input on the preliminary design drawings. In order to offer the community the opportunity to review the project design and address any questions or concerns, as part of its public information program, FOOT plans to conduct a community meeting for each project at the appropriate time prior to construction. Below is a summary of each project and points of concern from the various City departments regarding potential impacts to the community. ANALYSIS Alton Road from Michigan Avenue to 43rd Street/Ed Sullivan Drive FOOT is developing preliminary design drawings for a safety project on Alton Road from Michigan Avenue to 43rd Street/Ed Sullivan Drive. The estimated construction cost of the project is $2.5 million. Construction is expected to begin mid-2016 and last about seven (7) months. The project consists of the following work: • Milling, repaving and restriping the road • Upgrading signage and pavement markings • Installing new traffic and pedestrian signals and signs • Upgrading pedestrian ramps to meet current standards 1019 Agenda Item R Cf H Date /0-{b-13 Commission Memorandum-A discussion regarding Future FOOT Projects on Alton Road October 16, 2013 Page 2of3 • Adding sections of paved shoulder and isolated drainage improvements • Providing an additional southbound lefHurn bay (for a total of 2) at the intersection of Alton Road and Michigan Avenue • Adding a shared bicycle lane (sharrow) to the west side (southbound direction) of Alton Road (there are existing bicycle lanes in the northbound direction) • Reconstructing driveways at several locations • Removing and replacing landscaping as needed The proposed additional southbound left turn lane at the intersection of Alton Road and Michigan Avenue is a crucial improvement that will increase capacity and improve the level of service at this intersection and will benefit access to the future Miami Beach Convention Center. The additional left turn lane, however, will require widening of Alton Road from the intersection to approximately 500 feet to the north. Based on the current FOOT design, the widening will occur to the west side of Alton Road (Attachment A}. The widening to west will impact several existing mature shade trees located in the swale area, residential driveway entrances located in the right-of-way, and a few on-street parking spaces. City staff has reviewed the preliminary drawings and requested that FOOT evaluate alternative options, including widening to the east side of Alton Road towards the Miami Beach Golf Course, in order to avoid or minimize impacts to the swale area and parking on the west side of Alton Road. Pursuant to the City's request, FOOT conducted an analysis which evaluated widening to the east side towards the golf course (Attachment B). Based on the analysis, FOOT determined that widening to the west towards the homes is more feasible and safe as widening to the east (golf course side) would introduce alignment, deflection, and hence safety issues. Based on the FOOT analysis, if Alton Road were widened to the east at this location, the lane deflections created on Alton Road to the south of the intersection with Michigan Avenue, at the intersection, and to the north of the intersection with Michigan Avenue would be greater than the maximum allowed by FOOT roadway design standards. Consequently, FOOT believes that it would be introducing a safety hazard in a project intended to improve safety. In regards to the existing shade trees located within the swale portion that would be impacted by the widening to the west side of Alton Road from Michigan Avenue to approximately 500 feet to the north, FOOT committed to conducting a tree inventory and condition survey and to present the results to the City for further deliberation. While the Administration understands and supports FOOT's focus on safety, we will continue to work with FOOT to explore options that would minimize the impact to the trees, parking and swale areas on the west side of Alton Road while not jeopardizing the safety of road users. Alton Road from 43rd Street to east of Allison Road FOOT is developing preliminary design drawings for a full reconstruction project along Alton Road between 43rd Street and the bridge just east of Allison Road. The estimated construction cost of the project is $11.8 million. FOOT anticipates beginning design in May 2014 and construction in mid-2017. For the portion between 43rd Street and Pine Tree Drive, the project consists of the following work: 1020 Commission Memorandum-A discussion regarding Future FOOT Projects on Alton Road October 16, 2013 Page 3 of 3 • Roadway reconstruction, including upgrading drainage structures, pedestrian ramps, and sidewalks to current standards • Installing dedicated bicycle lanes and shared bicycle lanes (sharrows) along the corridor • Widening the parking lanes from 43rd Street to Pine Tree Drive to 8 feet • Reducing the inside travel lane widths at various locations from 11 feet to 1 0 feet • Narrowing the width of the existing median at various locations from 43rd Street to Pine Tree Drive from approximately 15.5 feet to approximately 10 feet • Narrowing the width of the existing landscape buffer by 0.5 feet • Salvaging existing trees and relocating landscape that pose safety hazards The purpose of the proposed narrowing of the median is to accommodate a dedicated 5-foot bicycle lane in each direction. The widening will impact the landscaped buffer strip and several existing mature trees located in the median of Alton Road between 44 1h Street and 44 1 h Court and at 63rd Street. All efforts will be made by the FOOT to salvage and relocate the impacted trees to other locations in the median within the project limits. For the portion between Pine Tree Drive and the bridge just east of Allison Road, the project proposes to reduce the width of the inside travel lanes to 10 feet and to provide 12-foot outside travel lanes with sharrows in each direction. The Administration has conducted preliminary reviews of the proposed typical section and the existing conditions of the corridor and has concerns with the narrowing of the landscaped median and buffer strip solely for the purpose of accommodating dedicated bicycle lanes. The Administration believes that a typical section design that preserves the median and transitions the bike lanes onto an alternate route similar to the portion of Alton Road currently under construction, from 51h Street to Michigan Avenue would have less impact on the quality-of-life of the community. RECOMMENDATION The following is presented to the members of the City Commission for consideration and further discussion. Attachments: A: Alton Road/Michigan Avenue widening to the west side B: Alton Road/Michigan Avenue widening to the east side ~ KGB/-/~FD T:IAGENDA\2013\0ctober 16\Discussion regarding future FOOT projects on Alton Road MEMO 1021 1022 1023 THIS PAGE INTENTIONALLY LEFT BLANK 1024 lD MIAMI BEACH -=- City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov MEMORANDUM FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A DISCUSSION REGARDING THE P RMANENT CLOSURE OF THE 400 BLOCK OF ESPANOLA WAY BETWEEN WASHI GTON AVENUE AND DREXEL AVENUE. This item was referred by the members of the Neighborhood/Community Affairs Committee (NCAC) on September 30, 2013, for consideration and further discussion. BACKGROUND Currently, the 400 Block of Espanola Way (between Washington Avenue and Drexel Avenue) is closed from 6:00 PM to 6:00AM 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. Pursuant to that meeting, the then Director of Public Works authorized engagement of a traffic engineering consultant and commencement of a traffic study to evaluate the impact of the full closure of the 400 block of Espanola Way on the community and the adjacent roadway network. Subsequently, if the closure was deemed feasible from a traffic perspective, the item would be presented to Commission Committees for discussion and direction. 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. Agenda Item R q I 1025 Date /O-{b-13 Commission Memo-Permanent Closure 400 Block of Espanola Way Page 2of3 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 ballot results). 6. Approval from the Miami-Dade County Public Works and Waste Management Department ANALYSIS Pursuant to the departmental directive, on February 11, 2013, the City engaged The Corradino Group, one of the firms providing general transportation planning and traffic engineering services on an as-needed basis under rotational contract, to conduct the required traffic study. The cost of the traffic study is $24,811.00 and is approximately 75% complete at this time. The traffic consultant has concluded the preliminary evaluation of the data collected and determined that the permanent closure of Espanola Way between Washington Avenue and Drexel Avenue will have negligible adverse impact to parking, access to properties located on the 400 block, and traffic conditions on the surrounding roadway network. In May 2013, the City initiated the balloting process. Ballots were mailed to 53 property owners 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. The Administration received ballots from 14 property owners within the study area. Ten (1 0) of the votes received were in favor of the closure and 4 of the votes were against, thus satisfying the required 2/3 concurrence from the property owners. It is worth noting that there are only two (2) property owners in the 400 block of Espanola Way and both voted in favor of the closure. If directed by City Commission, staff will meet with the City's Fire and Police Departments to obtain input on the closure and present optional treatments for closure. Subsequently, the City would need to 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. NCAC DISCUSSION This item was discussed at the Neighborhood/Community Affairs Committee (NCAC) on September 30, 2013. At the meeting, with Commissioners Tobin, Libbin, and Exposito present, Commissioner Tobin inquired as to the impetus for a traffic study evaluating the permanent closure of the 400 Block of Espanola Way and whether there had been any previous Commission directive on this matter. A motion was made by Commissioner Libbin requesting the Administration search for previous Commission action/discussion on this item and, unless prior Commission action on this item was found, referring the item to the October Commission meeting for further discussion and direction. Further, the NCAC recommended that the Administration conduct some outreach to the business owners to be present during the October Commission meeting and that the Commission item should be time-certain so that residents may be present to opine on the permanent closure of the 400 Block. The item was seconded by Commissioner Exposito. 1026 Commission Memo -Permanent Closure 400 Block of Espanola Way Page 3of3 CONCLUSION The following is presented to the members of the City Commission for consideration, discussion, a~ direction K~~FD T:IAGENDA\2013\0ctober 16 Espanola Way Permanent Closure MEMO 1027 THIS PAGE INTENTIONALLY LEFT BLANK 1028 MIAMI BEACH OFFICE OF THE tMYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: October 8, 2013 Re: DISCUSSION ITEM REGARDING LOSS OF PARKING SPACES IN BISCAYNE BEACH NEIGHBORHOOD Thank you for your LTC dated today outlining the proposed 18% loss of available parking spaces for our Biscayne Beach residents. I would like for you to be prepared to discuss with the City Commission some of your proposed opportunities to regain some of these parking spaces, and to provide an updated count of the parking spaces that will be available in the neighborhood at the conclusion of this improvement project. Should you have any questions, please contact Gabrielle Redfern at extension 6157. Thank you. MHB/ fgr 1029 Agenda Item --:-:::R-->..:1~T,.- Date 10-{l,-J ~ - THIS PAGE INTENTIONALLY LEFT BLANK 1030 R9 -New Business and Commission Requests R9K The Committee Of The Whole Will Meet On October 16, 2013 In The City Manager's Office Large Conference Room To Discuss The Proposed Revisions To The Personnel Rules For The Classified Service. (Human Resources) 1031 Agenda Item gq K Date ftJ-{(p-/3 THIS PAGE INTENTIONALLY LEFT BLANK 1032 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: October 4, 2013 Re: DISCUSSION ITEM REGARDING COLLINS PARK NEIGHBORHOOD IMPROVEMENT PROJECT Please place on the October 16, 2013 City Commission Agenda a discussion regarding the status of the Collins Park Neighborhood Improvement Project. Please see the attached request from the Collins Park Neighborhood Association outlining their concerns. Should you have any questions, please contact Gabrielle Redfern at extension 6157. Thank you. MHB/ fgr 1033 Agenda Item R9 L Date I0-(6~tp September 30th, 2013 ns rk Neighborhood Association www.collinspark.us The City Manager, Mayor and Commission City ofMiarni Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Collins Park's uncompleted CIP Projects Dear City Manager Morales, Mayor Bower, and Commissioners, Weithom, Libbin, Gongora, Wolfson, Tobin, and Exposito The Collins Park Neighborhood Association Board of Directors at our last Board meeting, September 17th, 20 13 voted to send you a formal letter to go on record and ask you for a status of the following projects that were funded to be part ofthe park's make over that 5 years later are still absent with no status. I) A signature water feature 2) A children's play area that would fit into the artistic feeling of the surrounding cultural campus. 3) Bike racks. The cement pads are there but no bike racks. 4) Future plan for the Rotunda that was placed on hold due to a lack of funding. These were all being tracked by the Collins Park Cultural Oversight Committee that sunsetted with no notice and these projects still open. The other major project that would have been part of this committee would have been to insure the new ZaHa Hadid parking garage properly tied into the Cultural Campus and Liberty Avenue. This would require not only the City but coordination with the County who owns 23rd Street and Possibly the State who owns Dade Blvd/Pine Tree Drive. There was talk of this oversight coming to CPNA when the Oversight Committee disbanding but that has not come to fruition. This oversight must still be there to insure our neighborhood gets a workable plan that benefits the Cultural Institutions, Residents and Businesses of Collins Park particularly with the added development of private venues on Liberty Avenue north of23rd Street. Please advise us on :;;ese questions and how we proceed from here. Thankyou, R Ray Breslin, Prcside:::a: for the Board 255 West 24th Street CU-6 Miami Beach FL. 33140 1034 .· '' ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeach~.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me bers of~~ Co~mlsslon FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: DISCUSSION REGARDING XTENDING AN AGREEMENT FOR GOVERNMENTAL SERVICES BETWEEN THE CITY AND MWW GROUP. BACKGROUND/ANALYSIS On October 1st, 2010, the City entered into an Agreement with MVWV Group pursuant to Resolution No. 2010-27363, to provide lobbying and consulting services in Washington D.C. in the amount of $102,800, ending on September 30, 2013 with two (2), two year renewal options to be exercised at the City's Sole discretion. If the City exercised the option to extend, the base amount for first year of the extension shall be for the same base amount as the most recently completed year in the amount of $102,800. Year two of the extension period will be for the most recent base amount plus the lesser of an adjustment based on the annual change in the Consumer Price Index for All Urban Consumers (CPI-U) or three (3) percent. The Administration seeks direction on whether or not to exercise its renewal options to extend the Agreement with M'MN Group for two (2) two year terms. Attachments JLMr:l/1 T:IAGENDA\2013\0ctober 16\Discussion on Extending the City of Miami Beach Governmental Serives Agreement with MWW Group.docx 1035 Agenda Item 89M Date 10-/b-13 .. '· .... . · .. : . . · · CITY OF ~lAM I: BEACH . '' GOVERNMENTAL SERVICES .AGREEMENT. ,, .. THfS AGREEMENT made. and entered into this 1st day ofOctober, 2010. between. • •• -·. -~. • ·.-·· '4 '• •• the· CITY ()F MIAMI BEACH, h~reinafter caU~d the crrv: ~ munlc.ipal corporation of the ... : . ·state of Florida, and the MwW .G.roup, here.inafle.r called the ~o~.SUL TAN·T. . . . ... · ' ' . . . ' . '. ·. > . ' . W l T N E s· S E. T H.: ,· . . . . , .. . . . . . . l'n corislderati~n ~fthe promis~s ahd mutuaf covenants· hereinafter contained, · : the parties hereto agree:· , , ·. · . . \. . ·-· .. 1 . . • . OBLIGA 110NS OF· THE CON,SULTANT ,'' . ·. , .. .: : . .- . . . ,.. '. ·.: ... · .-"· . ·' .... •. •,_a . . . ~ : . ' . . . ·.City Attorney; .the City Manager; ·and· other·.$uch .~itY personnel as the City ... Manager may· design~t$ at the times a!'ld places m'utually agreed to by the · ... · . ·. City Manager. a~d the. CONSULTANT· on aU organizational planning: and . program activity which have a be.aring'·on:th~:ability of the CITY make the ' ' • ' 0 o o ', I best use of Federal pr:ograms. . . . . . . . . , B. The CONSULTANT wiU ·maintain liaison ·with the CITYS Con·gressional ,I'' . ' : ... del~gation. and· will as$ist the delegation i~ aiw'-m~tter ~hich the CITY · determines to be. in Its best .interest · .... ,'•' .' .-. . ,: : .· ... 1036 j '• ...... <.···c ... ·. :·The CONSULTANT Will counsel'w.itbthe. crrv regarding appearances by . ' . . . City'·personnel,before Congressionaf Committees and Federal adm~riistrative '. _r ' .· .. . . ·, • . . . ·' · ~9~r1cies and ·Will assist'the· City and its person-~el·.in· negotiations with -._ · . admil1istrative agencies concerning City projects requi'ring 'Federal assistance . . ,-., .. ·. ·. . ' . . . ; · . · · .< ·. · .~nd c0oper~tion~ · · ·. . . ~ . . . -. ·.o. ·>·· · The CONSULTANfwm assist the CITY in the reVi~w ofexecutive proposals, . ,. ' ,.. ' • • . ' , •• . • ·• • . ' • • • • . ', . ~ : . , ' • ;' I , , · · __ -_ ~-legislatioh u~Q'~r ·bonsideration: Pte> posed and adppted ·ad~inistrative rules _ ·_ andreg~lations.and_otherdevelopmEuits fo~.the ,:lurpose of'advisirig the CITY . . . . . · ·--· .. . :., ,·.of thos~ items mutu~lly agreed: upon tha~ may.tiave .a significant bearing on . ·. . ,, . ' . . . . . .. ' . .. :.·· ' . the· CITY .policies or prograiTJS. . · . E. · .. J'h~ CONSULTANT will eomniunicate and coordinate 'with other lobbyists . • > .• • ... -representing . interests which. are' CO'MSistent' w~th 'those of the. CITY in . ·' . . . . ~ . ' obtai~ing th~·goals and objectives :of .t~~ qTY. . · . .. _, ' . .. . :r ... _ • ,. ·: w . F. -· :-··· .. . ' . ' . ' . ~ •' .l -· •.' '· The CONSULTANT ~ill assist in cant;acting-:Federal agehdies·on the· CITY'S ':-... . . · ·behalf ~n a mutUally agreed u~n l)asis wh~;m City fundi~g appl!cations are . .under considerati'on by such agencies .. .. . ~ '", . G~ ldenti'fy _ ~nd . notify the Cit( -~·n adva,nce of op-portunities ·such .as "grant opp()rtunities. ·and . funding availability for transportation,-Community a~d : . . . . .. ' ·.... . . . .: : .·· . '•' ,· . :.··_ .. -· ..... 1037 '. ·. ~ ./ ' ·~ . . ,• ... · .. . . ~. .• ~. ~ . . . · .. : ... : ' ,. ·. · .. -:· .. . . ·~ -.. . ' .,_ ·-, · .. .. ',, I ' .-. .: . .· .. · . _·.. ' ' ' "· . " : ·. · .. .. · ... •.• .• ·I .. economic ·de~elopm~nt,· environmental matte~. beach renouri~hment, · . ir:~frastrueture ,improvement, ·hurricane rec6ve,Y efforts, housing arid ·urban . ·, . . ' · . development, home_lass Programs,.intennodaiprogram~. an<;i any other ~reas of inter~·st to the City .. · . :H~ _·Establishand mainta!n working·relationships with the execlltive and legislative .. - ·. ' . · · ·branches·ofthe feder~i government that ~ill-enhance·the City's position with . ' .. . ' . . . ·. ' .. . ' ... '.-.. . . respect to_ finan'Ci~l ass-~stance applications·, regulatory procedur~s. legislation, : -·:·b!Jdget autt1orizations and appropriati~ns, and oth~r areas.of interest-to the City. I. · Con~ult with the City regarding_ any proposed formula changes in the Corrimunity · .. Development-Block Grantor other major federafprogranis to determine their J ·' impact or:l the Cfty, arid take. the necessary step·s as mutualt'y agreed upon:to . .. . :'-. ,.·.•. . .. . . . . . . . . ' ·J. ·Upon. request of the City,. as$ist.the City in ~ny matter.rela~ed to the Executive ,_.; . · (K. Represent ~he City at Washington: D.C., area confer~rices o.r meetings as · . requested .. ... L. Conduct a. semi-annuaFbrieflng :to the City to p~vide the-latest inform~tion on '',• .-. ' ' I·' . : '• ., . . ,• . 1038 . . .. ... . issues of interest to. the City. and submit an annual.reporfof aoc~mplishments · . . .. · concerning the Consultant's responsibilities. 2. OBLIGATIO.NS OF THE ClTY MIAMI BEACH . - A. The basic agreement for Year One of this Agreem~nt, or the period com·mencing on October 1, 2010 and en.ding <?n S_eptember 30, 2013, will be · . .for $8,566 .. 67 per month. Payments will be in advance in equal monttliy . . . . i'nstallrnents of $8,566_.67.payab.le immediately upon the effective date ofthi$ · . . . agreement. Year two and year three of the agreement will be for the ·base of $1.02,800 per year .plus any adjustment each year based or1 the lesser of the annual change in th~ Consumer ~rice Index fGr All Urban Consumers (CPI~ U)..or three (3) percent. · c~ · ihe ClTY will supply the CONSULTANT with the names of persons other . . . than the Mayor and City Commissio~. the City Mar:'lager and the c'ity Attorney who are authorized to request .services from the CONSULTANT and the per~on(s) to which the CONSULTANT should respond regarding specific. issues . ·.·· 3, TERM OF AGREEMENT This Agreement shall take effect on the 1·$t day -of October, ·2010, and shall . . . - . . terminate on .the 30.th day of September, ~. subject to the provisions of paragraph 4. 4 1039 ·.'t. . '' · .. The-Agreement may be e~ended two 'time·s for two 1 years each at the sole discretion of the . . .·· •. . j· . . . . . City:'lf the City exercises the option to extend, .t:he base amou~t for first year of the ' .. . ·· · · extensiOn shafl be-for the same base amount (as previously adJusted) as the most re~ntly .: .. . . . rompiSted, year. Y~ar two ofthe extension period Will b~ for the most recen't base amount : ·.· ·. · · · .. plus the les~er of an adjustment based on the annual·c.hange hi the Consumer Price Index ·. . . . ' . for All Urban Consume~ (CPI-U) orthree (3) percent. 4. . . TER-MINATION OF AGREEMENT \,. ' ·. ' .. 5. The CITY retains the right to terminate this Agreement at any time prior to the · I . • • • • completion of the WORK without penalty to.the CITY. ·In that ev~nt, notice of this terminatio~ shall be .in writing to the CONSULTANT who sh~~l be paid for all WORK . performed p-rior to the date of the ·receipt of the notiCe of termination prorated as. of ·such date. ln no· ease; however, will theC!TY.paytheCONSULTANTan a~ount in: · · e~cess ofthe total sum provided by this Agreement. . It is hereby un~erstood by and between·the CITY and the CONSULTANT that any paymeritmade jn accor.d~nce , with this ~action to the CONSUL TANTshall be made only if said CONSULTANT is · . . .... not in default' under the terms of this Agreement, in Which eve'nt (default) the CITY :.1 shall., in no way, be obligated and shall not pay to the CONSULTANT any sum what$0everi .· · AWARD OF AGREEMENT The CONSULTA~Twarrants that.it ha~ not'employed or retained any_campany or 1040 .......... '·· . . ·. '.- · . persdn~ to solicit or secure this Agreerne!'lt ~nd tha(it h~s not offered to pay, any · . . •'. . . ' ... . . ' '. . . '·, . . . . . person ~r oompany .. any fee, commis~ion,. 'pe~c~ntage, brokerage fee, or gifts of any ~ . ~ . ' . . . .. ~ ·. . : kind ·conting·emt or resulting trom the awarcfof making this Agreement. . . ...... ,. . . . : ~ ~ . '·.·~-'• . The CONSULTANT is aware of tt)e conflict of int~re~t iaws:'in the City 'ot. Miami . . -. . . . . . . . . · _Beach; Daqe·County, Fionda (Dade Courity.Code, Sectron 2-11.1)and the. Florida . . . . . . . . .. . . . __ , . Statutes, -and agrees that they will fully comply in alfrespects\vith the terms of.said· .. -. . . ·. -~ . . . ' ~ . ' . ' . . ' ' . . . . . . . · .. .. laws. . · ... - . ,. . . . : ... , . ' 6. · ·· · The: parties hereto. agree that this Agr~emerif shall:-be _construed and enforred .· . . --. ~~~ccor,di.ng t~ the laws·, statut~s~ and-ea.~e la~s of the· St~te· QfFI~rida.' _ .·· . ' ... . . . . . .· . . . 7 .. · ·AUDIT RIGHTS .. · .·. ,·' . .. t ' · ·-The CITY ~~serves ·the right_ .toa.uditthe records ~ffhe CONSULT ANT at a~yt:ime. · during the: performante ofth~s Agreem~nt an~ fo.r a p~ridd of one year a'ijer finat . . ,• . . . ' . . . . . . , .· :. . · J:iayment is ,ina"de under:thisAgreemerit.: .. ,.i • •' . .,··.· ' • ~ ·_ I ,' . ·.1. . : ~-... ~ . . .•,' ·.· <:. ,"'I'' ... '1041 : . . '. : ~ ~ · .... ' . .· .. · . ' .. .·:. ,'' .~· . . .. ' .- · . . ~· . ---1_,. .• · ... ..... .. . . ~. . . ~ , . . . , ··. .. 8~ · INDEMNIFICATION . ·, .·· • ~h~ CONSUL T~NTshall defend, indem.nify ~nd save th~ CITY harmless from· and· .... ,. . .· -. . . agatnst any and all claims, liabilities, lo:sse~. a~d.causes of acti~n which may arise out of the CONSULl' ANT'S."activities under this AgreE!.nient, including all ~ther acts .• ' ~r omissions t~ act on the part of _the CONSULTANT or any·ofthem·, includi·ng any .•. : . . ... : --. ·· person actiori"f6't, or on·his or therr behalf .. · . -. . · . . . ·g. · CONFLICT OF INTEREST · . . The CONS.UL TANT oovena.nts that no person under _it::; employ who. presentiy .exerdses ariy fu~~ion~ or.responsibillties ii:f conne~tion. with this Agreement. h~s . . . ' . . .• . any conflicting personat financial interest, ·direct or"indirect; in this Agreement. The • • • I ' ' .. CONSULTANT ·fLuther covenants that, in the performance of this Agreernent, no . . . . . . ' : . . . .: . . . . .. _ . . ~ :. . . . ' · p·erso~ hav!ng such confiicting ·interest shali be·e.mployed .. Any such interests on · . the part of the CONSULTANT or its e~ployees, must be disclosed, in writing I to the . . . . . . . .. CITY:. i:h~ CONSULT ~NT, in pe_rformance of this Agree~ent; shal:i be subj~ct to . . · ·. ~ ·· . : . any ·more 'restrictive. law and/or guid~lines regarding conflict of inter~st promulgated by federal, state. ot 19caf governments." : · -' .. ·, . . -:;.: ' . :• ... '· .. '-.· .1 ·. ·' '• 1042 . ,· ... -_ . ,' - ·, .. ~ " ' ;. . tO. '-IN-DEPENDENT CONTRACTOR ·_ i . ·. ;_ . ·:' ·. ' .. -. h js agreed that the CONSULTANT and its employees an~ agents_ shall be deemed . t() be an independent contract9r, and not an agent-~r employee of the CITY,.and · shaU ~ot attain any rights orben~fits under the Civil Service or Pension Ordinance :. . ·of the crrY, or any rights generally afforded classified· .or~.~nclassifi~d-employees; . . . -~ --, . - · further, he/she shali not ·be deemed entitled to Florida Workers Cqmpehsation • ' I • ' • ' • • . • ~ benefits as an.empioyee of the CITY.: · · . ~.-. . .··.·· .. - . ,. 11 .. · .. LIMITATION OF LIABILITY' The-CITY desire$ to ente.r into thi~ Agreement o:nlx if in so. doi~g the CITY can place· a limit on CIJ'("S ljab_ility for any cause of $.clion for money damages due to an '• afleged brea~h by the 'cny of this· Agreement; so ·that it$ liability for any such . br~ach· never.exceedsthe "sum-ofl102,soo~ CONSULTANT hereby expresses its . . . .wilfingness to enter into this Agreement w•th CON$UL T ANT'S. recovery from THE . .. . . . -' . . .· . · QITY for a·ny·damage adion for-breach cicontract·to be.limitEtd· to a maximum . ' . . : •, . -~ . : 8fll~Unt of $1 02,8_00 Which: a~o:unt shall be -reduced by the. a-rn'ount for th.e funding actually paid.:by the' CITY to CONSULTANT pursuant-to this Agreement, 'for any . ' . . . .. . ... •• '_._ ':o-·action or claim for breach-· of :contract arising ··out. of the·. performance or ,, . -. . . : . ' .. : .. . . no~performance of-any obligat.fons. imposed ,upo-n the, CITY by this Agreement . . .. · ,,.- , . ' ....... .. t -.. '' 1043 : . : Nothing _eoritained in thi-s subparagraph or elsewhere-in this Agreement is in any -,_' . -: way i~-tended to be a·wai:ver-ofthe limitation placed u.poh·the CITY'S li,abi'lityas set •• ~ • • - -< • • ... • • • • • • • • • -~ • ":. forth in , Secti6n 768.-28 Florida Statutes. ' ' ... · .. ,. · . Any litigation which· arises out of-this Agreement s_hatl take· place in the Court of --. · · . .. ·· ··: :·_-_ 'Appropriate JurisdictiQn iri Dade· Cou·nty, Florida. ' -. . . ' . " . ·. . ... '· ' -0 ~. •• • ;, • lo •' .. , . '· · .. · . . ··. • ... ' · .. '·. . . ' ' . . ' .. ' ~-' .-.... ' ~ ' ' . . . . . '. -, .1'• 1044 J. ~-•. •ot •• •, ... · . I- I . · 'IN WITNESSEYI:i·WHEREOF, the 'parties hereto have caused these presents· to be .. : . '· . . . . .. e~ecuted by the respective officials the.reunto ~uly authotized this day and year first written : above .. ~ ATTEST: .. · .· · ., . . ... THE ClTv OF .. MIAMI BE!t-CH, FLORIDA ..... " ... · ···~rr~b . ·. · ';. :. : '. :_ .. _-~obert Parcher, Clty_Cierk . .. _.; . ·. . -· .:.. ... . . · .. . . · [tfincorporat~ s,ign belciwl ' ; (Corparate Seal) ' ,· .· •'. ' . . .. ~ . . •' • . . .. . . ' .. ~ ··. . ..... ' .. · ... -... 1045 '•, ·. . . ·~ ~: .··' APPROVE.D AS TO . . '.: : FORM & lANGUAGE _..----..fOR . CUTION .bate RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5nTHS VOTE, THE COMPETITIVE BIDDING REQUIREMENT, AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR GOVERNMENTAL SERVICES BETWEEN THE CITY AND MWW GROUP, IN THE AMOUNT OF $102,800, TO PROVIDE LOBBYING AND CONSULTING SERVICES IN WASHINGTON D.C., COMMENCING ON OCTOBER 1, 2010 AND ENDING ON SEPTEMBER 30, 2013, WITH TWO (2), TWO YEAR RENEWAL OPTIONS TO BE EXERCISED AT THE CITY'S SOLE DISCRETION. WHEREAS, the City is desirous of obtaining lobbying and consulting services before Congress and Federal Agencies located in Washington, D.C.; and WHEREAS, on December 20, 2000, the Mayor and City Commission awarded a Governmental Services Agreement to Jorden, Burt, Berenson, and Johnson, LLP, (collectively, the Consultant) for the term commencing on February 20, 2001, and ending on February 19, 2003, with a provision therein stating that the term of the Agreement may be renewed for two, one-year terms; and WHEREAS, on February 26, 2003, the Mayor and City Commission approved an extension of the Agreement for the term commencing on February 20, 2003, and ending on February 19, 2004; and WHEREAS, on February 25, 2004, the Mayor and City Commission approved an extension of the Agreement for the term commencing on February 20, 2004, and ending on February 19, 2005; and WHEREAS, on November 23, 2004 the Finance and Citywide Projects Committee recommended entering into a new Agreement with the Consultant; and WHEREAS, on January 12, 2005, the Mayor and City Commission approved Resolution No. 2005-25794, approving a new agreement with the Consultant; and WHEREAS, On February 13, 2008, the Mayor and City Commission approved Resolution No. 2008-26757, approving the assignment of the current agreement to the MWW Group; and WHEREAS, the Consultant has performed satisfactorily and has effectively produced results for the City by achieving desired appropriations, and has assisted with the processing of significant grants; and WHEREAS, On March 25, 2010, the Finance and Citywide Projects Committee recommended retaining the Consultant and that a new contract be brought to the full Commission; WHEREAS, the Administration now recommends that the Mayor and City Commission waive, by 5/7ths vote, the competitive bidding requirement, finding such waiver to be in the best 1046 interest of the City, and authorize the Mayor and City Clerk to execute the attached new Governmental Services Agreement between the City and the Consultant for a term of three years and seven months, with two, one-year renewal options at the City's discretion; and WHEREAS, the Administration further recommends that said Agreement commence at the rate of $102,800 per year on October 1, 2010; and that the rate increase at the rate of the Consumer Price Index (CPI) in subsequent years of the Agreement. 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 herein waive, by 5/7ths vote, the competitive bidding requirement, and approve and authorize the Mayor and City Clerk to execute a Professional Services Agreement for Federal Governmental Services with the MWW Group, in the total amount of $102,800, to provide governmental representation and consulting services in Washington, D.C., on an on- going basis, for an initial term commencing on October 1, 201 0, and ending on September 30, 2013, with two (2), two-year renewal options to be exercised at the City's sole discretion. PASSED and ADOPTED this 14th day of April , 2010. -~7?7f1Z!(~ T Mayor ATTEST: City Clerk T:\AGENDA\201 O\Aprii14\Consent\Federal Lobbyist Reso.doc APPROVED AS TO FORM & LANGUAGE & FO I;XECUTION ~f-+--./1-t _ · ~ \ '-V b ~Date 1047 THIS PAGE INTENTIONALLY LEFT BLANK 1048 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Jimmy Morales, City Manager Rafael E. Granado, City Clerk Jose Smith, City Attorney Jorge R. Exposito, Commissioner October 7, 2013 MEMORANDUM SUBJECT: Discussion and Referral to Finance & Citywide Projects Committee: Police Patrol in MB Schools Please place a Discussion item on the October 16, 2013, Commission Meeting Agenda with referral to Finance and Citywide Projects Committee to discuss and determine means by which we can enhance Police Patrol in our schools which in turn secures the safety of all students, parents and staff. We trust that you will find all in good order. Should you have any questions, please feel free to contact my Aide, Nattaly Cuervo at 6457. Best regards, JE/nc 1049 THIS PAGE INTENTIONALLY LEFT BLANK 1050 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Jimmy Morales, City Manager Rafael E. Granado, City Clerk Jose Smith, City Attorney Jorge R. Exposito, Commissioner October 7, 2013 MEMORANDUM SUBJECT: Discussion and Referral to Finance & Citywide Projects Committee: MB Retired Police Dogs Please place a Discussion item on the October 16, 2013, Commission Meeting Agenda with referral to Finance and Citywide Projects Committee to look into what occurs with our MBPD retired Police Dogs and to discuss possible allocation of funding for their medical needs. We trust that you will find all in good order. Should you have any questions, please feel free to contact my Aide, Nattaly Cuervo at 6457. Best regards, JE/nc '/Ve ore corllrnir.•ed to pro)v;dirg eJ(ce/.1cG.' pcock :oe•vrce :me! s,:····', "'' oJi 1 ,,;,_, l,·;e, w)rk, cr1d plav ,r our v•b•or;l, lroprcc Agenda Item R q 0 1051 Date 10-(€,-13 THIS PAGE INTENTIONALLY LEFT BLANK 1052 lD MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO FROM DATE: Jimmy Morales, City Manager "'W Michael Gongora, Commissioner ~ October 8, 2013 MEMORANDUM SUBJECT: Discussion Item for October 16 Commission Meeting Please place on the October agenda a discussion item regarding extending hours for Winter Party, White Party and Pride. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 1053 Agenda Item ----r..R~Cf':TP:.......,..,., Date IO-ttr{3 THIS PAGE INTENTIONALLY LEFT BLANK 1054 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miomibeochfl.gav COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Mem Commission FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A PRESENTATION FROM THE AM RICAN ATHLETIC CONFERENCE REGARDING THE MIAMI BEACH BOWL. The American Athletic Conference, also known as the AAC, is an American collegiate athletic conference with member institutions located in the northeastern, midwestern, and southern part of the United States. The AAC participates in the National Collegiate Athletic Association (NCAA) Division I in athletic competitions; for football, it is a part of the Football Bowl Subdivision (FBS). The American has member institutions that are spread throughout a wide portion of the United States. The majority of its members are located in urban metropolitan areas, or at least on the fringes thereof. The conference is one of two successors to the all-sports Big East Conference (1979-2013}. While the other successor, which does not sponsor football, kept the Big East Conference name, the American Athletic Conference inherited the old Big East's structure and is that conference's legal successor. The prior league underwent substantial turmoil during the 201 0- 13 NCAA conference realignment period. The American is currently one of the six automatic qualifying conferences of the Bowl Championship Series (BCS), also known as a "Power Six Conference." The conference inherited the old Big East's BCS berth for the 2013 season. However, the new conference will lose its automatic berth as part of the upcoming College Football Playoff in 2014 and become a part of the "Group of Five", which shares automatic access to one spot in the six premier bowl games. The other four conferences in the group are Conference USA (C-USA), the Mid-American Conference (MAC), the Mountain West Conference, and the Sun Belt Conference. The American Athletic Conference will be announcing the creation of the Miami Beach Bowl - a groundbreaking event that will bring postseason college football to the area. The Miami Beach Bowl will be played at Marlins Park in Miami beginning at the conclusion of the 2014 season and will attract visitors to Miami Beach and Greater Miami annually. The game will be owned and administered by the American Athletic Conference. Representatives from the AAC will be making a presentation regarding the Miami Beach Bowl during the October 16, 2013 City Commission meeting. JLM/KGBl~ l._~ T:\AGEND~ctober 16\American Athletic Conference Presentalion.doc Agenda Item R 9 G. 1055 Date IO-Ib~t3 ------------------------ THIS PAGE INTENTIONALLY LEFT BLANK 1056 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Matti Herrera Bower, Mayor Date: October 9, 2013 Re: Discussion Item Regarding Alton Road Medians Please place on the October 16, 2013 City Commission agenda an item to discuss the outcome of the public meetings held by the Florida Department of Transportation regarding the proposal to add medians along the Alton Road corridor within the project limits of the current reconstruction project from 5111 Street to Michigan Avenue. Should you have any questions, please contact Gabrielle Redfern at extension 6157. Thank you. MHB/ fgr Agenda Item RCf R 1057 Date (0-(b-13 THIS PAGE INTENTIONALLY LEFT BLANK 1058 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Jimmy Morales, City Manager Rafael E. Granado, City Clerk Jose Smith, City Attorney Jorge R. Exposito, Commissioner October 9, 2013 Discussion item with Referral to Neighborhoods: Handicap Beach MEMORANDUM Please place a discussion item with referral to our Neighborhoods Committee to look into an establishment for a handicap beach within our City limits. We trust that you will find all in good order. Should you have any questions, please feel free to contact my Aide, Nattaly Cuervo at 6457. Best regards, JE/nc VVe Or'e committed ~·o providir,g exceaen' public .servtGe Gnd safety to oJi vvho iive, work, and pioy in OUr' vibranT, tropical. h.'~- Agenda Item R C( S 1059 Date JO.-fb-1'3 THIS PAGE INTENTIONALLY LEFT BLANK 1060 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 of the City Commission FROM: Jose Smith, City Attot-~ y DATE: October 16, 2013 ~- SUBJECT: City Attorney's Status Report LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT 1. Brian Gentles v. City of Miami Beach, Case No. 13-24059 CA 01 (Circuit Court - 11th Judicial Circuit in and for Miami-Dade County). This a lawsuit filed on August 26th by a firefighter for declaratory and injunctive relief. The Plaintiff had filed a racial discrimination complaint last year which was settled, without admission of liability, after a lengthy mediation in which Plaintiff was represented by another attorney. The settlement agreement provides for Plaintiff to be temporarily reemployed in the fire inspection division through May 2014, at which time he would voluntarily resign. In the new lawsuit, filed by a new attorney, Plaintiff seeks to remain employed as a firefighter indefinitely and receive other benefits to which he is not entitled under the settlement agreement. This suit is frivolous because the claim was settled over a year ago. Therefore, the City served a motion for sanctions against the Plaintiff and his new attorney. On October ih, the Plaintiff, through his attorney, filed a voluntary dismissal of this lawsuit and so the case is now over. 2. BRREF RB SBL II Acquistions, LLC vs. Goenaga Investments, LLC, et al., Case No. 13-26545 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 7615 Harding Avenue, Miami Beach, Florida. The Summons and Complaint were served on the City on August 27, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on August 29, 2013. 1062 Agenda Item 'RIO A Date (n:lf,-15 City Attorney's Report October 16, 2013 Page2 3. Jonah Wolfson and Michael J. McAllister vs. City of Miami Beach, Rafael Granado, Penelope Townsley and SBACE. LLC, Case No. 13-028249 CA 13 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) On August 29, 2013, Jonah Wolfson, Chairman of "Let Miami Beach Decide" ("LMBD") and Miami Beach City Commissioner, filed this lawsuit seeking declaratory and injunctive relief for removal from the City of Miami Beach's November 5, 2013 Special Election ballot of the "Convention Center Project" ballot question. Plaintiff Wolfson's action was filed subsequent to dismissal of a prior judicial action in which LMBD's identical claim for injunctive relief was dismissed due to its lack of standing. LMBD had been the sponsor of a related Charter Amendment also scheduled for placement on the City's November 5, 2013 ballot, which measure in effect sought to increase the voter approval requirement for the Project from majority to 60% voter consent. As its basis for entitlement to relief, Plaintiff Wolfson alleged that the "Convention Center Project" ballot question violated Florida Statute section 101.161 's requirement that the language clearly inform the public of the measure to be voted upon, and further alleged that the City's presentation to the voters of the ballot question was premature, having allegedly failed to comply with certain conditions precedent. On September 20, 2013, the Court entered its Order granting the requested declaratory and injunctive relief, finding that the City was required to have complied with related provisions in the City Charter and Code (requiring 2 public meetings, and 6/7 vote of City Commission of final terms of Project's lease terms) prior to its submittal of the Project ballot question to the City's electorate, declaring the need for final lease terms prior to the City's public vote pursuant to Charter section 1.03 (b)(2), and further ordering the removal of the "Convention Center Project" ballot question from the November 5, 2013 ballot. 4. U.S. Bank National Association vs. ABL Group Property, LLC, et al., Case No. 13-26066 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 1000 South Pointe Drive, TH-A10, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on September 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 September 12, 2013. 1063 City Attorney's Report October 16, 2013 Page 3 5. Emmett Caldwell v. City of Miami Beach et al, Case# 13-27642 CA 31(Circuit Court-11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on September 4, 2013 alleging that on February 2, 2013, the plaintiff, Emmett Caldwell, was assaulted by a City of Miami Beach unidentified employee. The plaintiff failed to allege compliance with the notice requirement of Florida Statute 768.28(6)(a) and has not provided the required notice letter to the City. The City filed a motion for summary judgment to dismiss plaintiff's complaint for non-compliance with the notice requirement of 768.28 (6) (a) which was granted without prejudice by Judge Abby Cinnamon on 9-24-13. 6. Mark Picozzi v. City of Miami Beach. et al, Case No. 13-28618 CA 08 (Circuit Court-11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on September 9, 2013 alleging that on September 28, 2009, the plaintiff, Mark Picozzi, was falsely arrested by the City of Miami Beach Police Department. The plaintiff sent a notice letter dated April 1Oth 2013 to the City. However, the said notice letter from plaintiff was outside the three year notice period stipulated in Fla. Stat. 768.28(6)(a), which expired on September 28, 2012. The City has filed a motion to dismiss the plaintiffs complaint with prejudice for non-compliance with the 768.28(6)(a) notice requirement. 7. JPMorgan Chase Bank, National Association vs. Efrain Rodriguez, et al.. Case No. 13-27294 CA 04 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 4000 Collins Avenue, Unit 409, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on September 11, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on September 12, 2013. 8. Robert Peri v. City of Miami Beach Case No. 13-28948 CA31 (Circuit Court- 11th Judicial Circuit in and for Miami-Dade County). This is a third attempt by Mr. Robert Peri to stop the City of Miami Beach from enforcing its prohibition surrounding the sale (illegal vending) of non-alcoholic beverages by Robert Peri (the "Plaintiff'') in various locations throughout the City of Miami Beach. The Plaintiff continues to allege that the City of Miami Beach negligently deprived him of the monetary benefit surrounding the use of Plaintiff's personal property based upon, and pertaining to Plaintiff's misdemeanor arrest for soliciting business upon the City of Miami Beach's property in violation of Sections 74-1 and 82-1 of the Miami Beach Code. The Plaintiff has alleged that 1064 City Attorney's Report October 16, 2013 Page4 the Miami Beach Police Department, in conjunction with the arrest of the Plaintiff, improperly seized as evidence the Plaintiff's bicycle and cooler, which was utilized for the illegal vending activities in the City of Miami Beach. The Plaintiff has requested the Circuit Court to enjoin the City of Miami Beach from enforcing its ordinances which prohibit illegal vending. The Plaintiff has lost two (2) separate times before two (2) different Circuit Court Judges regarding his attempts to enjoin the City of Miami Beach. The allegations against the City of Miami Beach are without merit, and the City Attorney's Office has filed a Counterclaim for Permanent Injunctive Relief and Motion for Emergency Temporary Injunction. The Circuit Court granted the City of Miami Beach's Motion for Emergency Temporary Injunction, which prohibits Mr. Robert Peri from selling non-alcoholic beverages throughout the City of Miami Beach. 9. JPMorgan Chase Bank. National Association vs. Backus Wazkim, et al., Case No. 13-28026 CA 30 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 345 Ocean Drive, Unit 525, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on September 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 September 24, 2013. 10. Club Madonna Inc. a Florida Corporation, and Leroy Griffith v. The City of Miami Beach, Case No. 13-029566 CA 01 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County). This multi-count complaint alleges violations for actions of the City in 2005 and 2009 involving negotiations over the settlement of two prior lawsuits brought by Club Madonna and Mr. Griffith against the City. These claims are precluded by the settlement of the second lawsuit, or are without merit, and will be defending vigorously. 11. First Guaranty Mortgage Corporation vs. Maria De La Luz Perez et al.. Case No. 13-28053 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 25502 SW 134 Court, Homestead, Florida. The Summons and Complaint were served on the City on September 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 September 24, 2013. 1065 City Attorney's Report October 16, 2013 Page5 12. Home Federal Bank of Hollywood vs. Alfred Marana, et al., Case No. 13-28053 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 7910 Byron Avenue, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on September 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 September 30, 2013. 13. Deutsche Bank Trust Company Americas vs. Francisco Alencar. et al.. Case No. 13-29543 CA 04 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 1250 West Avenue, Unit 6-L, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on September 24, 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 September 30, 2013. 14.Grazyna Taylor v. Brilla Aj Ramco. LLC, The Raleigh Hotel and City of Miami Beach, Case# 13-25054 CA 01 (Circuit Court-11th Judicial Circuit In And For Miami Dade County). The City was served with this complaint on September 25, 2013 alleging that on December 6, 2012, the plaintiff, Grazynor Taylor, tripped and fell at the sidewalk by the Raleigh Hotel leading unto the beach at 1775 Collins Avenue, Miami Beach, Florida. The plaintiff is suing the City as owners of the sidewalk and the Raleigh Hotel for organizing an event during Art Basel weekend that resulted in the hotel taking control of the sidewalk and placing red velvet ropes at the sidewalk that resulted in the plaintiff stepping into a drop off area cut around the trees on the sidewalk causing her to fall and sustain serious injuries requiring urgent surgical intervention. We shall file our answer to the complaint and also send out a letter requesting representation and indemnification from the insurance carrier for the Raleigh Hotel for the permitted event. 15.Federal National Mortgage Association vs. Andres Perez, et al., Case No. 13- 30264 CA 15 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 7900 Harbor Island Drive, Unit 907, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on September 30, 2013. 1066 City Attorney's Report October 16, 2013 Page6 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 October 1, 2013. 16. Nationstar Mortgage LLC vs. ltzhak Ginki. et al., Case No. 13-29301 CA 58 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 1510 West Avenue, Unit 3, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on September 30, 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 October 1, 2013. 17. Wells Fargo Bank, N.A. vs. Benigno Marquez. et al., Case No. 11-16423 CA 06 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 5445 Collins Avenue, Unit 408, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on October 4, 2013. The City's Motion for More Definite Statement will be timely filed. JS/AB/DP/EB/GH/JO/SR/Ir F:\ATTO\AAOFF\AAOFF\FILE.#S\2013\Status report GAO 1 01613.docx 1067 R1 0 • City Attorney Reports R 1 OB Notice Of Closed Executive Session Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During Recess Of The City Commission Meeting On Wednesday, October 16, 2013, In The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective Bargaining. 1068 Agenda Item R IO.B Date lO:Ib ·13 THIS PAGE INTENTIONALLY LEFT BLANK 1069 z "T1 0 -I m s en 1. Reports and Informational Items (see LTC No. 370-2013) 1071 Agenda Item ----=-=-=-' ~ Date /0.-ffr/.$ THIS PAGE INTENTIONALLY LEFT BLANK 1072 OFFICE OF THE CITY MANAGER NO. LTC# 351-J.0/3 LETTER TO COMMISSION To: Mayor Matti Herrera Bower and Members of the City Commission From: Jimmy L. Morales, City Manager .--~ Date: September 19, 2013 Subject: List of Projects Covered by the one of Silence Ordinance C; -~ -~ ;:- -~ f. _,.-·-, .· c --' . , ,.-...) = <..0 (/.) r-:1 0 N w -c! -.. U1 In an effort to disseminate information to elected officials and City staff relmive""lo 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-2013-001-ME 12/24/2012 RFP-2013-064-LR 2/22/2013 ITB-2013-068-MF 8/27/2013 ITB-20 13-113-LR 8/22/2013 ITB-2013-171-TC 5/23/2013 ITB-20 13-179-SW 9/16/2013 RFP-2013-185-LR 5/9/2013 ITB-2013-269-ME 6/7/2013 Document Title A Public-Private Development In Miami Beach On North Lincoln Lane, Between Alton Road And Meridian Avenue, Including City-Owned Parking Lot #25 On 17th 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 Unarmed Security Guard Services 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 Emergency Repairs for Water, Sewer and Storm Water Pipe Breaks Playground Fence at South Pointe Park Installation, Removal, Maintenance and Storage of Holiday Decorations P25 Mobile Radio System Consulting Services Janitorial Services 1073 Department City Manager's Office Citywide OBPI PW-Property ManaQement Public Works Parks and Recreation Parks and Recreation IT PW-Property Management Agenda Item _...!::1~---:- Date ,P-/6-/3 Date Advertised Document Number and Issued Document Title Department PW-Property ITB-2013-269-ME 6/7/2013 Janitorial Services Management Design/Build Services for Right-of-Way Infrastructure Improvement Program No. RFP-2013-305-TC 7/18/2013 88 Lower North Bay Road CIP Management and Operations of the Street Tourism Culture RFP-2013-317-ME 8/19/2013 Markets Development Purchase of Polymer Meter Boxes and ITB-2013-373-MF 9/20/2013 Covers Public Works Estimated Issuance PW-Property ITB-2013-379-LR 1 0/18/2013 Air Conditioning Repair Services Manag_ement Estimated Issuance ITB-20 13-390-LR 10/18/2013 Pharmaceuticals and Medical Supplies Fire Department 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 OogiPot Junior Bag Dispensers and Biodegradable Litter ITB-2013-405-LR 8/22/2013 Pickup Bags Parks and Recreation Estimated Issuance RFP-2013-411-MF 9/20/2013 Electronic Agenda System City Clerk Estimated Issuance Psychological Services for Sworn and RFP-2013-440-LR 10/18/2013 Civilian Employees Police 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\$ALL\MONTHL Y REPORTS\CONE LTC\12-13\Sept through Oct 2013 Cone LTC.docx 1074 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M City Commission FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: REPORT FROM COMMISSION OMMITTEES OF WITHDRAWN ITEMS NOT HEARD WITHIN (6) SIX MONTHS FROM REFERRAL DATE. At the February 6, 2013 City Commission Meeting, Commissioner Jerry Libbin placed a referral to the Neighborhood/Community Affairs Committee (Item R9D) to discuss items that are referred to Commission Committees to be reviewed if not heard by that Committee within (6) six months of its referral dates. On February 19, 2013, the Neighborhood/Community Affairs Committee unanimously moved that pending referred items be removed if not heard after six months, with a report of withdrawn items on the monthly City Commission agenda. On the March 13, 2013 Commission Meeting, the Commission passed Resolution No. 2013- 28147, accepting the recommendation of the Neighborhood/Community Affairs Committee, automatically withdrawing items referred to City Commission Committees if not heard within six (6) months from its referral date, and recommending inclusion of a report in City Commission agenda transmitting a list of withdrawn items. Finance & Citywide Projects Committee The following items were automatically withdrawn: 1. Additional Proposed Amendment To The City's Living Wage Ordinance Mandating Health Benefits Plan. (Requested by City Manager's Office/ September 27, 2011 Commission Meeting, Item R7E) 2. Discussion Of Responses Received From The Request For Letters Of Interest (RFLI) For A North Beach Parking Garage. (Requested by City Manager's Office) 3. Discussion On Water Conservation Methods And Implementation. (Requested by Commissioner Jonah Wolfson/ June 6, 2012 Commission Meeting, Item C4G) 4. 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. (Requested by Commissioner Edward L. Tobin/ March 13, 2013 Commission Meeting, Item C4A) 1075 Agenda Item _...;;;3 __ _ Date /0-/6-13 Land Use & Development Committee The following items were automatically withdrawn: 1. Ordinance-Entertainment In Sidewalk Cafe Permit Areas On Ocean Drive. An Ordinance Providing Minimum Standards, Criteria, And Conditions For Entertainment In Sidewalk Cafe Permit Areas On Ocean Drive Between 9th And 13th Streets. (Requested By Commissioner Michael Gongora/ January 13, 2010 City Commission Meeting, Item C4A) 2. Discussion On Variances That Are De Minimis In Nature And May Be Considered For Shorter Notice Requirements. (Requested By Commissioner Edward L. Tobin/ March 9, 2011 City Commission Meeting, Item C4G) 3. Reduced Parking Rates For Hotel Employees. (Requested By Commissioner Jonah Wolfson/ October 19, 2011 City Commission Meeting, Item C4K) 4. 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. (Requested By Commissioner Jorge Exposito/ October 19, 2011 City Commission Meeting Item C4L) 5. Discussion To Encourage Development Of Buildings With Substantial Code Fines By Adopting A Conditional Mitigation Practice For New Purchasers To lncentivize Re- Development. (Requested By Commissioner Michael Gongora/ December 14, 2011 City Commission Meeting, Item C4J) 6. Discussion Regarding The Enforcement Of Short Term Rentals. (Requested By Commissioner Deede Weithorn/ March 21, 2012 City Commission Meeting, Item C4D) 7. Discussion Concerning The Terminal Island Traffic Study And Circulation Study. (Requested By Commissioner Michael Gongora/ March 21, 2012 City Commission Meeting, Item C4K) 8. Review Of Miami Beach Land Use Boards To Improve The City Of Miami Beach Building And Planning Department Processes. (Requested By Commissioner Michael Gongora/ March 21, 2012 City Commission Meeting, Item C4M) 9. Discussion On Policy Consideration Regarding The Granting Of Subterranean Or Aerial Rights Over Public Property. (Requested By City Commission/ June 6, 2012 City Commission Meeting, Item C4D & R7B) 10. Discussion On Surprise Lake As A No Wake Zone On Miami Beach. (Requested By City Commission/ March 13, 2013 City Commission Meeting, Item R5F) 1076 Neighborhood/Community Affairs Committee The following items were automatically withdrawn: 1. Discussion Regarding Equitable Distribution Of City Resources To Beautify Neighborhoods. JMUreg e (Requested by Vice-Mayor Edward L. Tobin/ December 12, 2012 City Commission Meeting, Item C4G) T:IAGENDA\201 3\0ctober 16\Committee Items Removed after 6 months.docx 1077 THIS PAGE INTENTIONALLY LEFT BLANK 1078 ::0 c )> Commission Agenda, October 16, 2013 Miami Beach Redevelopment Agency City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive October 16, 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 ("RDA") Accepting The Recommendation Of The City's Finance And Citywide Projects Committee ("FCWPC") Pertaining To The Lease Agreement Between The Miami Beach Redevelopment Agency ("Landlord") And 1560 Collins Avenue, Inc. D/B/A Shan ("Tenant"), In Connection With The Use Of Suites BAnd C In The Anchor Shops, Located At 1560 Collins Avenue, Suite No. 2, Miami Beach, Florida ("Space") And Approving And Authorizing The Chairperson To Execute Lease Amendment No. 1, Exercising The Renewal Option Period, For The Five (5) Year Period Commencing March 19, 2013 And Ending March 18, 2018, Based Upon The Renewal Rent Schedule Approved By FCWPC. (Tourism, Culture & Economic Development Department) 24 1080 MIAMI BEACH Miami Beach Redevelopment Agency City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfLgov HOW A PERSON MAY APPEAR BEFORE THE REDEVELOPMENT AGENCY OF THE CITY OF MIAMI BEACH, FLORIDA The regularly scheduled meetings of the Redevelopment Agency are established by Resolution and are generally held on the same day the Miami Beach City Commission holds their regularly scheduled meetings. The Redevelopment Agency meetings commence at 10:00 a.m. 1. Jorge M. Gonzalez has been designated as the Agency's Executive Director. Robert Parcher has been designated as the Agency's Secretary. 2. Person requesting placement of an item on the agenda must provide a written statement to the Agency Executive Director, 4th Floor, City Hall, 1700 Convention Center Drive, telephone 673- 7285, outlining the subject matter of the proposed presentation. In order to determine whether or not the request 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 will ensure that the issue has been addressed in sufficient detail so that the Agency members may be fully apprised of the matter to be presented. Persons will be allowed three (3) minutes to make their presentation and will be limited to those subjects included in their written request. Such written requests must be received in the Executive Director's office no later than noon on Tuesday of the week prior to the scheduled Agency meeting to allow time for processing and inclusion in the agenda package. 3. Once an agenda for the Redevelopment Agency meeting is published, and a person wishes to speak on items listed on the agenda, he/she may call or come to the Agency Secretary's Office, 1st Floor, City Hall, 1700 Convention Center Drive, telephone 673-7 411, before 5:00p.m., on the Tuesday prior to the Agency meeting and give their nome, 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'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 ore specifically interested, will be allowed up to three (3) minutes to present their views. Robert Parcher Agency Secretary F:\CLER\CLER\CITYCLER\ROA Agenda .V3.doc March 5, 2007 1081 REDEVELOPMENT AGENCY ITEM SUMMARY Condensed Title: A Resolution approving the execution of Amendment No. 1 to the Retail Lease Agreement between the Miami Beach Redevelopment Agency ("Landlord") and 1560 Collins Avenue. Inc. d/b/a Shan ("Tenant") for Space in the Anchor Shops, located at 1560 Collins Ave, Suite 2, Miami Beach, Florida ("Space"), exercising the Renewal Option Period for the five (5) year period commencing March 19, 2013 and ending March 18, 2018, based upon the renewal rent schedule approved by the city's Finance and C~ide Projects committee ("FCWPC"). Key Intended Outcome Supported: Increase resident satisfaction with the level of services and facilities. Supporting Data (Surveys, Environmental Scan, etc.): Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do business and 61% of the same group would recommend Miami Beach as a place to do business. Issue: Shall the RDA approve the Renewal Option Period for this Space, based upon the negotiated Renewal Rent approved b FCWPC? Item Summa /Recommendation: Tenant has proposed to exercise it five (5) year Renewal Option under the lease, for the period from March 19, 2013 through March 18,2018. During negotiations, Tenant has been paying Minimum Rent, based upon its current rate ($47.50/psf); however, upon approval of the Renewal Option/Renewal Rent structure, commencing November 1, 2013, Tenant shall pay the negotiated Rent, as follows: Shan Prooosal wjth Miniumum 3% Escalations Annual Rent Optionvrs. is.Q..ft. Rent/Sg,Ft. ·Collected Year1 3-19-13/10-31-13 2697 $ 47.50 $ 78,892.87 Year 1 1.1.~.1~.1N2~2?-14 I 2697 .$ ... 66.41 $ 59,702~?~ Year2 3-1-2014/2-28-2015 2697 $ 68.40 $ 184,481.00 Year3 '3-1-2015/2-28-2016 2697 .~ .. 70.45 _$ 190,015.43 -F' Year4 3-1-.2016/2-28-2017 ; 2697 $ 72.57 $ 195,715.90 YearS . 3-l-.2017/3-18-2018 . 2697 $ 74.75 $ 201,587.37 *Six Month Recapture $ 25,500. Total Benefit to Keeping Shan at its current location $ 935,896 • •••uo•o•• "'~'' . Monthly Rent AllDYal B~Dl • (Rh.!5 :tale5 taxl $ 128,107 $10,675.58 $ p9,1~8 $ 14,925.65 ... $ 184,481 $15,373.42 $ 190,015 $15!834.62 s 195,716 $16,309.66 $ 201,58~-$16,798.95 " ~ 'Gross Gross Gross Gross Gross ,Gross Shan's Lease does not include CAM so Shan has increased the rent to $66.41/psf to match the US Vintage Offer. • During year one of the Lease, Shan will commence paying the new rate of $66.41/psf on November 1, 2013; however, under the US Vintage Proposal, the RDA would have had to give Shan a six notice ' uo -· • • •• •• • to move, at Shan's current lease rate of $47.50/psf ("Current Rent"), . . . . . . . . • Six Month Recapture-Sa\Angs by lea\oing Shan in the current space w. accepting the US Vintage Proposal $14,925.65-$10,675.58 = $4,250.07 X 6= $25,500.42 Pursuant to the recommendation of the FCWPC, having considered the US Vintage Proposal, a 7-Eieven Corporation proposal and a comparison proposal, based upon current market rental rates, the FCWPC and the Administration recommend executing Amendment No. 1, approving the Renewal Option Period, based upon the Renewal Rent schedule set forth herein, effective November 1, 2013, and as incorporated in the proposed Amendment No. 1. Financial Information: Source of Funds: n/a I I Amount I I n/a Financial Impact Summary: C9 MIAMI BEACH · Manager 1082 I Account I City AGENDA ITEM ____,:/~A..L...-_ DATE (()-/lr I~ - (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov REDEVELOPMENT AGENCY MEMORANDUM TO: Chairperson and Members of the Mi FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 SUBJECT: A RESOLUTION OF THE CH MIAMI BEACH REDEVELO ENT AGENCY ("RDA") ACCEPTING THE RECOMMENDATION OF THE CITY'S FINANCE AND CITYWIDE PROJECTS COMMITTEE ("FCWPC") PERTAINING TO THE LEASE AGREEMENT BETWEEN THE MIAMI BEACH REDEVELOPMENT AGENCY ("LANDLORD") AND 1560 COLLINS AVENUE, INC. D/B/A SHAN ("TENANT"), IN CONNECTION WITH THE USE OF SUITES B AND C IN THE ANCHOR SHOPS, LOCATED AT 1560 COLLINS AVENUE, SUITE NO. 2, MIAMI BEACH, FLORIDA ("SPACE") AND APPROVING AND AUTHORIZING THE CHAIRPERSON TO EXECUTE LEASE AMENDMENT NO. 1, EXERCISING THE RENEWAL OPTION PERIOD, FOR THE FIVE (5) YEAR PERIOD COMMENCING MARCH 19, 2013 AND ENDING MARCH 18, 2018, BASED UPON THE RENEWAL RENT SCHEDULE APPROVED BY FCWPC. ADMINISTRATION RECOMMENDATION Adopt the resolution. BACKGROUND On March 20, 2002, the RDA authorized an assignment of the Lease from Flagler System Management, Inc., to COP Capital/Montreal Mode lnvestissements, under the name of 1560 Collins Avenue, Inc., involving the operation of Absolutely Suitable, one of the first retail businesses to occupy the Anchor Shops since its opening in December, 1998. Absolutely Suitable, which has since been re-branded under the name of Shan Swimwear, occupies a space having 2,697 square feet, fronting on Collins Avenue, across the street from the Loews Hotel, selling high-end swimwear and related apparel, including sun-tanning accessories, hats, skin-care products and sunglasses. 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 ("Lease"), 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 ("Renewal Option Period"). 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. Since the current Lease does not address rent during the renewal term, the rent structure resets to the prevailing market rent. It should be noted that since negotiations 1083 October 16, 2013 Redevelopment Agency Memorandum Anchor Shops -Shan Swimwear Amendment No. 1 Page 2 ofS with the Tenant have extended past the March 18, 2013 expiration date of the initial Lease term, pursuant to the provisions in the Lease, the Term has been extended on a month-to-month basis at the current rental rate until revised terms are approved by the RDA for the remaining five-year renewal option. Based upon an internal analysis of prevailing rents in the area between Collins and Washington Avenues, between 15th Street and Lincoln Road, as well as along Collins Avenue, from 1ih 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 ("Fair Market Rent"), as follows: Comearable Market Rents for Shan Memo as of July 15,2013 (Between 15th St. and Lincoln Rd.; from Washington Ave to Collins Ave.; Along Collins Ave., from 12th St. through Lincoln Rd. Address: Sq.Ft Rent/sq. ft. Annual Rent Type Term Use 1200Collins Ave 3000 $ 100.00 $ 300,000 NNN NA Retail 1208 Collins Ave 5376 $ 111.61 $ 600,015 NNN NA Retail 1351 Collins Ave 4500 $ 85.00 $ 382,500 NNN NA Retail 1656Collins Ave 3000 $ 125.00 $ 375,000 NNN NA Other 1610Washington Ave 1847 $ 75.00 $ 138,525 NNN NA Retail 1601 Washington Ave 3,917 $ 55.00 $ 215,435 NNN NA Retail 1542 Washington Ave 5500 $ 82.91 $ 456,005 NNN NA Retail 1502 Washington Ave 1741 $ 65.00 $ 113,165 NNN NA Retail Total 28881" $ 89.35 $ 2,580,645 Source: Loop Net * Com parables attached hereto as Exhibit "1" For further consideration, Staff is providing the RDA with an Anchor Shops -Retail Tenant Profile as of 10/01/2013, attached hereto as Exhibit "2". You will note that of the remaining six leases, Vacation Tours located on the corner of Washington and 161n Street is scheduled to expire in 2014, with no renewal options available; ArtConnectlon International, located on 16th Street, is scheduled to expire in 2015, with no renewal option; Liquor Lounge will expire in five years and has two (2) remaining five (5) year options and BBQ Beach, Inc. will expire in three years, with one remaining ten (10) year option. US Vintage, Inc., located on Collins Avenue next to the Tenant, is in the process of executing a new triple net lease, which was approved by the RDA on September 11, 2013, having an initial term of three years with two additional renewals of 3 years and 3 years and 364 days, respectively, at the initial base rent of $65/psf, with minimum annual rent escalations by the greater of CPI or 3%, plus CAM at the initial rate of $1.41/psf. It is important to differentiate the only other recent triple net lease agreement at the Anchor Shops, dated October 2, 2012, between the RDA and tenant, Mr. R. Sports, Inc., leasing space at 100 16th Street, Suites 1-4, Miami Beach, FL 33139, at the current rate of $31.00 per square foot. This tenant's rent is lower than the Fair Market Rent for said Space because Mr. R. Sports, Inc's location fronts 16th Street, instead of Collins Avenue. In addition, at the time Mr. R. Sports, Inc. negotiated its lease, the space had been vacant for a period in excess of a year and a half. Mr. R. Sports, Inc. had a successful 1084 October 16, 2013 Redevelopment Agency Memorandum Anchor Shops-Shan Swimwear Amendment No. 1 Page 3 of5 track record at its prior location on Lincoln Road, with a strong following in the sports shoe industry, bringing his brand name recognition as an asset to the Anchor Shops. At the July 25, 2013 Finance and Citywide Projects Committee ("FCWPC") meeting, the discussion with respect to the rent for the Renewal Option Period was considered for the first time by FCWPC. Tenant, citing a reduction in sales since their income stream from the years prior to 2008, claimed that it could not afford to pay the Fair Market Rent and proposed to pay gross rent, in the amount of $48.00 per square foot during the first year, with annual increases thereafter, based upon the CPI index but not to exceed 3% from the previous year's rent ("Initial Shan Offer"}. At this time, US Vintage also presented Staff with an offer to lease the Tenant's space for $65.00 per square feet, on a triple net basis, with annual rent increases, by the greater of 3% or CPI, based upon a lease term of ten years ("US Vintage Proposal"). US Vintage is already leasing the space abutting Tenant's current space and sells clothing for men, women and juniors, weekend wear, designer shoes, perfumes, eyewear, and Miami Beach souvenirs. The US Vintage Proposal was recommended by FCWPC. Thereafter, Tenant's Montreal-based parent company made the business decision to keep its presence in Miami Beach, Florida and fund any shortages which Shan may have during the renewal term, as they had seen steady increases in the gross revenues in the past months. Based upon this decision, at the September 19, 2013 FCWPC meeting, Tenant submitted a proposal to renew its Lease ("Shan Proposal"}, based upon comparable rental terms to those of the US Vintage Proposal ("Renewal Rent"), as follows: Sbsm PrQRQ:ii!l witb Mioiuml!m 326 l:::iti!li!til:!n:i A!ll:!!.!ill Htmt MQntbly Bel:!t OotiQD Yrs, Sg._fl. Rent/Sg.R Cc!llected ADDLiil Bent l12lu:~ :iille:i tsnd hRe. Year1 3-19-13/10-31-13 2697 $ 47.50 $ 78,892.87 $ 128,107 $10,675.58 Gross Year 1 11-1-13/2-28-14 2697 $ 66.41 $ 59,702.59 $ 179,108 $14,925.65 Gross Year2 3-1-2014/2-28-2015 2697 $ 68.40 $ 184,481.00 $ 184,481 $15,373.42 Gross Year3 3-1-2015/2-28-2016 2697 $ 70.45 $ 190,015.43 $ 190,015 $15,834.62 Gross Year4 3-1-2016/2-28-2017 2697 $ 72.57 $ 195,715.90 $ 195,716 $16,309.66 Gross YearS 3-1-2017/3-18-2018 2697 $ 74.75 $ 201,587.37 $ 201,587 $16,798.95 Gross * Six Month Recapture $ 25,500 Total Benefit to Keeping Shan at its current location $ 935,896 Shan's Lease does not include CAM so Shan has increased the rent to $66.41/psf to match the US Vintage Offer. *During year one of the Lease, Shan will commence paying the new rate of $66.41/psf on Nouember 1, 2013; howe..er, under the US Vintage Proposal, the RDA would hao,e had to gio,e Shan a six notice to moue, at Shan's current lease rate of $47 .50/psf ("Current Rent"), * Six Month Recapture -Savings by leaving Shan in the current space w. accepting the US Vintage Proposal $14,925.65-$10,675.58 = $4,250.07 X 6= $25,500.42 At the September 19, 2013 FCWPC meeting, Staff additionally presented the US Vintage Proposal; a New Tenant Proposal, based upon Fair Market Rent; and a previously submitted proposal from 7-11, Inc,, all based upon a five year period, as follows: 1085 October 16, 2013 Redevelopment Agency Memorandum Anchor Shops-Shan Swimwear Amendment No. 1 Page 4 of5 US Vintage prooosal with Minimum 3% Annual Escalations Years 1 Years 2 Years 3 Years 4 Years 5 Total SQJL Rent/Sq.Ft. 2697 $ 65.00 2697 $ 66.95 2697 $ 68.96 2697 $ 71.03 2697 $ 73.16 $ 175,305 NNN $ 180,564 NNN $ 185,981 NNN $ 191,561 NNN $ 197,307 NNN $ 930,718 In addition, US Vintage would be paying CAM at the initial rate of $1.41/psf, which makes the total payment for the first year $66.41/psf. Retail Retail Retail Retail Retail New Tenant Proposal -Best Case Scenario, based ypon fjye year lease with 3% CPI increases Sq. Ft. Rent/Sq.ft. Rent Type Use Years 1 2697 $ 89.35 $ 240,977 NNN Retail Years 2 2697 $ 92.03 $ 248,206 Years 3 2697 $ 94.79 $ 255,652 Years4 2697 $ 97.64 $ 263,322 Years 5 2697 $ 100.56 $ 271,222 Total Rent for Five years $ 1,279,379 Less Commissions $ (51,175.17) Less Six months of Rent Concess $ (120,488.48) Less nine month vacancy during marketing $ ( 180,732. 71) Less Built Out Concessions $ (50,000.00) Net Rent to City at end of 10 years $ 876,983 On or about September 22, 2012, staff received a letter of Intent, for a proposed lease between the City and 7-Eieven, Inc. ("7-11 Offer''), in connection with the subject Space, for an initial lease term of five years, with four additional lease options of five years each (with a 10% rent increase during each renewal term), for a total maximum lease term of twenty-five years. The proposal was based upon a site with 2,000 square feet; however, the subject site has 2,697 square feet. The proposed rent for the initial five years is $73.00 per square foot, on a triple net basis. Assuming the offer applied to the entire space, triple net rent, pursuant to the 7-11 Offer, would be $196,881.00/year and $16,406.75/mo, with a total five year rental income of $984,405.00. Total Rental Income for five years: $984,405.00 Less expenses in connection with said five years: 1. Landlord Construction allowance $ 50,000.00; 2. Rent Commencement delay of six months $ 98,440.50; 3. Real estate commission for initial five year lease term (4%) $ 39.376.20; Total Expenses $187,816.70 Net Rental Income at end of the initial five year term: $796,588.30 Based upon the aforementioned, FCWPC recommend moving forward with the Tenant's Proposed Renewal Rent schedule, in that, monetarily the Shan Proposal matches the US Vintage Proposal and it would keep the diversity of merchandise being sold at the 1086 October 16, 2013 Redevelopment Agency Memorandum Anchor Shops -Shan Swimwear Amendment No. 1 Page 5of5 Anchor Shops, while at the same time diversifying the risk of a default. Shan is current in its leasehold obligations and has been a compliant Tenant throughout its tenancy. RECOMMENDATION The Administration recommends that the Chairperson and Members of the Miami Beach Redevelopment Agency approve a resolution accepting the recommendation of the City's Finance and Citywide Projects Committee, approving and authorizing the Chairperson to execute Amendment No. 1 to the Lease between the Miami Beach Redevelopment Agency ("Landlord") and 1560 Collins Avenue, Inc. d/b/a Shan ("Tenant"), involving Suites B and C in the Anchor Shops, having a physical address of 1560 Collins Avenue, Suite 2, Miami Beach, Florida 33139 {"Space"), exercising the Renewal Option Period, for the five (5) year period commencing March 19, 2013 and ending March 18, 2018, based upon the Renewal Rent schedule approved by FCWPC. A copy of the proposed Amendment No. 1 to the Lease is attached hereto and made a part hereof as Exhibit "4". It should further be noted that since Anchor Garage and Shops is owned by the RDA, it is not subject to the public hearing requirements set forth under Section 82-39 of the City Code that would normally apply to the lease of City property. Proposed retail leases involving the Anchor Shops may be approved during and as part of the RDA Board's reg ult:Jgenda. JLM/:Jpi~~NT F:I$AII\RHCD~n:or_Ret\Absolutely Suitable_Shan/Shan RDA Renewal Memo 10162013 Enclosures: -Market Comparable Summary Matrix-Exhibit "1" -Anchor Shops Retail Tenant Profiles as of 0410112013-Exhibit "2" -Letter of Intent from 7-Efeven, Inc. -Exhibit "3" -Proposed Amendment No. 1 to Retail Lease Agreement-Exhibit "4" 1087 t, 'i ~ ' ' ' ·~ II ' I J t ' I 'l ~ ,. PNI)alred for 7/1512013 Propertl• for Lu•• Addrne ProJMI'ty Type 11,318 SF Bldg APN/.....-ID AeklngRent $111.61 /SffVr Space. 1 Space p,._rty -lcanle l1lnd IIane Dellc:rtlltfon ...... building In lhe heart or South beeCh ·lnc:ndlile llflllllty and' frDntllge Dll Colh Ave-Flo« ta ceiling wlndowt with ... Location ..JIIelrb)r ........ DHcrtptlon lnclul:llt: Berney'~ Co-cp. GUNI, Puma. BaniNI Republic, Dlelel, AmllniNX. Qulc:lallver. Vlclorta'l s~t • Next door to luxury mull-brand boullque, The Well&tal Motel 1,741 Sf Bldg 166/SFffr 1SpiCI Flltt' bull OUI I'UIIIUI'IIIIIPICI wRh Ill Impact fell paiclldlll c:d ''*' wllh 1arve outdoor IHIIn; .... AdjiiCint ta Five~ Burgert and Fries ... ~ rencMted bulcllng Nllr Lh:dn lad and lhe City Centlr area wKh lbundllnt office IPfiCI and holell in the lrnmecfllte .... P,.unted by Glaela TorrH Miami Beach • Olllce ot Real Estate. Houllng & Convnunly DIMIIclprnenl (305) 673-7000 giselatones0mlamlbeadl11.goy 5.822SFGLA 11!,000 SF Bldg 16.72G Sf Bldg 1941 155/SFfYr 1100 ISFfYr S121l ISFJYr 2Spacee 1 Space 1 SpKII L.oc:allad 0118 blocll Grwt lumlley clul \NIIh fron&ege along IOIMI of Unc:oln A IHtiUfiN ljiiCI Colh Avenue. thil Rolcl. Wthln In lhe hNrt ot newlyavallble walking dlltance of lOUth beech. Tile Subleue IJ*8 -· thoplllnd Md"' Holll II one '-dediclled reataur~nta. at the world HVAC, Eleelrlc:, famous 1c:on1 on Balhroonll, Store Mlemi e.:lllllld Enlnlnee ll'ld more. 110111 flr ... Spacewat ... Onthe~t Mn Hotel at the Acrou tile llrtet cometd corner d Colnt from the RIZ w.hlngton Awnue and 12th Carlon and step~ A ... IIUiand 1tllh Jtraet awar rrom many of StiMI the Wolld't ludlng hotels. Partclng I& IVIlllble n numerous nearby lois. On the comer of Uncoln R08d 8o ColOna Avenue EXHIBIT 1 C2Cil 01181• Totfll. M.wn. B•adl Ofhc-t ol R.-_. ESieloe l~uUI'III &. Co4nm"""''r 0.\e'-Vp-t'·•n~ 1088 18.118 SF Bldg 7,000SF SF 185/SFJYr 1 Spaw Nearly 40 .... or ffontagt on Colina Avenue. H;tl ~to the 27.000 Clrl that ,,. ..... ~thll pnm.y Ncd\ISouth corridor Cia~. Adj-mtotha Cllflclnand r.elghbortng 18Wral other hoCell lncUIIng lhe Buchoombet'. South Belc:h Pllu. Ol8lm South BMch, Kent llld Lordi. One blodl -•tofOcean Orkle. CHill block ~'-''""""""""'----~*·-· ----------~-----···~·--·-- AddNII v .. BuiN No. &tort. Lotllzl APN I Pln:IIIID AllllngRent $711/SFffr 182.91/SFffr ..... 1 Spece 1 Space PropertJ From.,. 8llln; ....... Deecrtptlon Wlthlnglon I'HtiU111ntlprivlle Awnue. Space club. All new buill· 0011111ta of • out kitchen with ground floot lnd equlpmenli100K meaanlne lllllel for granla I!Mue. 1101111 of1,847 water Rill pool. tqUnfMt.Co-*'-IIMCI wood tentncy Wfth and granb lloo ... McOonlllh ... Lo08tlon l.aCac.d one flajf llllrnl Baa prbMI Dwcrtpllon blodc flom LlnCDin location wtlhln Aoa:l. Projec:l Rlklng clltance to includes 1 new the beach, Lincoln 500-tploe paddng ROid and Eljllllall 01'9· Strang Wrf. pedllltiln trafllc: 20,Cl00 at the comer of Unccln Road and Wlltq1Dn Avenua. NoiM 1089 ... ·-··-· -· ._.,.._ ------··-·· Sh Retail T t Profil -------f 1 0/01/2013 Square Start Expire Base Renewal Current Current Contract Name Location Footage Date Date Term Option(s) Base Rent Base Rent 1560 Collins Ave, Suite #C2 1X5 Inc., Fiducie Plage (B/C) 2,697 03/19/08 03/18/13 5YRS Years $10,675/mo $47.50/sq.ft Sud d/b/a Shan Liquor Lounge, Inc. A Suite 2,250 12/20/08 12/19/18 12YRS Two (2) 5 $10,733.74/ $57 .25/sq.ft #C1(A) Yrs ea mo 1x3 US Vintage, Inc. Suite #C3 4,236 10/01/13 09/30/16 3YRS yrs;1x 3 $22,945/mo $65/sq.ft (DIE) yrs and 364 days Mr. R. Sports Suite #S1-4 2,884 10/02/12 10/01/15 3YRS 2 X3 YRS $7,450/mo $31/sq.ft (F,G,H & I) Vacation Tours of Suite #S1-5 721 03/18/99 03/17/14 15YRS N/A $1 ,602.24/m $26.67/sq.ft South Beach (J) 0 Art Connection lnt'l Suite #S1-6 721 11/10/04 11/09/15 11 YRS N/A $2,129/mo $35.43/sq.ft (K) BBQ Beach, Inc. Suite #W1 1 X 10 $12,874.77/ d/b/a Austen's Brew 6,217 03/01/06 02/28/16 10YRS $24.85/sq.ft &Chew C6(L, M &N) YRS mo --··---All tenants pay rent on gross basis, with exception of Liquor Lounge, Inc., which pays an additional $1-39 per square foot for CAM expenses; Mr. R. Sports, which pays an additional $1.41 per square foot for CAM e~tpenses; and US Vintage, which pays $1.61 per square foot for CAM expenses. C'-1 1--aJ :I: >< UJ 0 0) 0 "'C""" September 22nd, 2012 CityofMiami Beach CITY HALL 7-Eieven, Inc. 1700 CONVENTION CENTER DR MIAMI BEACH FL 33139-1819 Rc: Letter of Intent-BuDding Lease 1560 Collins Ave. Miami Beach, FL-Space currently occupied by Shan Swimwear in the building commonly known as Anchor Shops Dear City of Miami Beach, The following is a SUillJlWY of prospective terms and conditions relative to a proposed lease agreement between City of Miami Beach ("Landlord") and 7-Eievcn, Inc. (''Tcnant'1. This Letter of Intent has been prepared to set forth the business terms that will form the basis of ~otiatioo of an agreement between the parties and thiJ Letter of Intent is not intended to create a legally-binding obligation or commitment on the part of either party hereto. LANDLORD: TENANT: LEASE: BUilDING: PREMISES: SITE PLAN: LEASE TERM: 1P~69625613AG87S09. 0001 City of Miami Beach 7-Eleven, Inc. One Arts Plaza 1722 Routh Street, Suite 1000 Dallas, Texas 75201~2506 Tenant form of Building Lease 1560 Collins Ave, Miami Beach, FL. as shown on the Preliminary Site/Floor Plan attached hereto as Exhibit A. Approximately 2,000 square feet of ground floor retail space as shown on the Preliminary Site/Floor Plan. Landlord and Tenant will confer and agree on a mutually acceptable final site plan(s) for the Premises. 5 years In the event that Tenant is delayed in its construction or build-out of the Premises due to any act or omission of Landlord, its agents, contractors or employees, or as a result of any condition existing at the Shopping Center as of the date hereof(a "Landlord Delay''), then the aforementioned (60) day period shall be extended three (3) days for every day of Landlord Delay, or Tenant may terminate the Lease and be reimbursed all expenses in pursuing the lease. EXHIBIT 3 1 1091 OPTION FOR EXTENDED TERMS: BASE RENT: RENT COMMENCEMENT: USE: CONDmONS EXCLUSIVES: LANDLORD'S WORK: TENANT IMPROVEMENT ALLOWANCE: JPEARCEI6962S67.3/087S09. 0001 Four (4) options periods offive (5) )'1mS consecutive, each exercisable upon no less than 120 days prior written notice. Tenant shall have 6 months free rent as a remodel allowance in years 11 and 21 ifoption(s) to extend is/are exercised Years 1-5: $147,000/yr (based on 2,000 sq ft) Tenant shall be provided a rent reduction if the Building is Jess than seventy percent (7Qi'A,) leased. Base Rent shall increase ten percent (J OOA.) following the primmy term and upon every five (5) years thereafter. Rent will commence one hundred eighty (180) days following the latter of(a) the date all necessary permits for construction of the Premises are obtained (see conditions} or (b) the date of Delivery (as defined in attached Construction Addendum). The Premises may be used up to twenty-four (24) hours per day for the retail sale, rental or provision of merchandise and services customarily sold, rented or provided from time to time, at stores operated or fraDc1Dsed by Tenant or any other lawful purpose which is not in direct conflict with any exclusive uses granted to other tenants or occupants of the Building prior to 1he parties oommencement of Lease negotiations. This lease is subject to Tenant's ability to satisfY i1s conditions for coostruction and opening of a 7 -Eleven Store in the Premises. Conditions: a. Receipt of all permits and licenses to open and openlte a 7 -Eleven Store. b. Property to be delivemi clear and free of all hazardous materials per Tenant's satisfaction. c. Landlord to deliver a clean Title R~rt to Tenant Tenant will have the limited right to enter upon the premises during negotiation of the lease to conduct such testing as may be appropriate to satisfY the above conditions. If Tenant does not indicate satisfaction with the conditions within 60 days of Lease execution, either party may terminate 1he Lease. landlord will not permit any occupant of the Building. other than existing tcoants identified in the Lease and Tenant, to (i) operate a business which provides or offers, banking or other fi.rumcial services or (ii) offers for sale or rental, in connection with all or any part of its business operations, any grocery items. including snacks, foods and beverages commonly sold at a first class convenience store cigarettes and tobacco products, tmless vended by machine; beer and wine for off premise consumption; health and beawy aids; frozen or semi-frozen carbonated bevcntgcs; candy, unless gift boxed or sold in bulk; coffee or hot chocolate by the cup, newspapers, magazines and paperback books; lottery ticket, money orders, phone cards; and gift I cash cards (other than gift cards for the particular business occupying the space) .. Landlord's work at the Premises wiD be constructed in accordance with the Construction Addendum attached hereto. Landlord shall deliver the Premises to Tenant with Landlord's Work complete on or before the date that is 60 days following Tenant's satisfaction or wavier of the Conditions, with late delivery subject to some of all ofthe following consequences to be specified more fully in the lease: three (3) days free rent for every day Landlord is late, termination and reimbursement to Tenant ofTenant's expenses incurred in pursuing the Lease, and the right of Tenant to assume the work and be reimbursed fully by Landlord plus an administrative fee. Landlord will contribute to Tenant's construction costs an allowance of$25.00 per square foot of the Premises. 2 1092 TENANT'S IMPROVEMENTS: Tenant may make alterations, and install such improvements and FF&E in the Premises as Tenant deems necessary or desirable for Tenant's operations, consistent with Tenant's cummt trade dress and standards. Tenant may remove its improvements and FF&E when it vacates the Premises. MAINTENANCE: Landlord will maintain at its sole expense the exterior, roof, foundation, slab and structural so~ of the Building, and any heating and air conditioning equipment (unless installed by Tenant). TAXES: UTILITIES: COMMON EXPENSES: SIGN AGE: ASSIGNMENT AND SUBLETTING: SALE OF PREMISES: BROKER: Tenant will maintain in good repair, at Tenant's sole expense the interior and exterior non· structural portions of the Building, including electrical, plumbing, heating and air conditioning equipment (if installed by Tenant). Tenant shall pay all taxes on its personal property. Tenant shall reimburse landlord for all taxes and assessments levied against the Premises, based on the square footage of the Premises in proportion to the total square footage of all buildings within the applicable tax parcel (Pro Rata Share). Tenant shall pay all charges for electric, gas (if applicable), water, sewer, cable and telephone utilities serving the Premises. Landlord shall provide separate utility company meters or sub-meter (excluding telephone and sewer) to the Premises. Tenant shall pay its pro rata share of common area maintenance charges ("Common Expenses"), The estimated expenses for Common Expense& (including taxes and insurance) are currently $3.00 per square foot annually. The first year of Common Expcoscs shall not exceed such estimate and annual increases in Common ExpcDSCB shall not exceed 3% on a non-cumulative basis. Common Expenses shall not include any management or administrative fees and shall be determined in accordance with Generally Accepted Accounting Principals (GAAP). Capital expenditures that do not pertain to common area maintenance shall not be charged to Tenant in any manner. Tenant shall not share in any expenses for elevators, stairwells or other common areas that arc not used by Tenant. Tenant shall have audit rights as provided in the Lease. Subject to Tenant's receipt of any required local governmental approvals, Tenant may install its standard signage. Tenant shall share in all common signage, and shall be allowed promotional banners and awnings in and around the Premises and common area in connection with its grand opening programs during the first 12 months of the Tenn. Tenant shall have the right to assign the Lease or sublease the whole or any part of the Premises, provided Tenant shall remain primarily liable for the payment and performance obligations under the Lease. If Landlord decides to market the Premises for sale, Landlord shall notify Tenant on or before listing the Premises for sale and provide Tenant a right of first refusal. Landlord and Tenant warrant that they have had no dealings with any real estate brokcr(s) or agent(s) in connection with tbe negotiation of this transaction except for Behar Real Estate Group, Inc. who represent the Tenant. Behar Real Estate Group. Inc. shall be compensated by Landlord per separate agreement. Within 5 days following the date of Landlord's execution of this Letter of Intent, Landlord shall provide Tenant with copies of the following, to the extent in landlord's possession: (i) all surveys pertaining to the Premises and the Building; (ii) all JPEARCE/6962567.31087509. 0001 3 1093 association requirements, declarations, covenants and/or rules (if any) governing the Premises and Building; (iii) the most current title commitments or binders pertaining to the Premises and Building; (iv) all environmental reports and records applicable to the Premises. Landlord agrees not to negotiate with any othec prospective tenant for the Premises while negotiating the lease agreement with Tenant I look forwud to your confirmation of these terms and to proceeding with the preparation of a formal lease agreement. Approved this 241h day of September, 2012 LANDLORD: City ofMiami Beach By. ____________________________ __ Name: Title:--------------------------- Sincerely, ~~~ 7~Eicven Real Estate Manager 4 1094 f f I LANDLORD'S WORK AND CONDinON OF PREMISES Conditions of Premises: Tenant will provide the Landlord notice, in writing, the scope of work and specifications for the following requirements, outlining the details of the existing conditions for each Item listed that Landlord will be required to repair prior to delivery of the Premises. Tenant shall deliver notice to Landlord prior to the expiration of the Preliminary Term of the Lease. • STRUCTURAL: Landlord shall be responsible for the baseline structural integrity of the building and structures to be used by, surrounding, or affected by, Tenant, their use, equipment and loading. Minimum load to meet or exceed building codes when built for retail floor space {100 lbs. per square foot minimum.) • ROOF: Landlord shall be responsible for maintaining the roof and building such that Tenant's space and common areas remain watertight. Landlord shall provide roof certification providing the results of a water tightness test and roof inspection. • ENTRANCES, EGRESSES AND COMMON AREAS: Landlord shall be responsible for maintaining all building entrances and egresses, including stairs, walkways, sidewalks, and common spaces. Landlord shall upgrade, maintain and irrigate the landscaping throughout the center with low maintenance plantings. Landlord shall repair any cracks in the parking lot, repave and restripe the parking Jot. Landlord to provide exterior lighting and lighting of the exterior signage from dusk to dawn with the maximum allowable foot-candles by code or average 10 luminaries per square foot throughout the parking Jot. Landlord warrants to the best of their knowledge that all handicap ramps and Shopping Center are ADA compliant. Landlord shall repair and damaged fascia and soffit directly around the Premises. Landlord shall repaint the exterior of the Shopping Center every two years and prior to Tenant's acceptance of the Premises. Landlord's Work: The following work outlined will be considered Landlord's Work to demise the Premises for Tenant's use of the Premises. The following work will be permitted and constructed by Landlord at Landlord's expense as part of the Delivery Date. • ELECTRICAL SERVICE: Landlord to provide Tenant with separately metered dedicated 600 amp, 120/208 volts, 3-phase, and 4-wire electrical service to be located in Tenant's space. Service to be brought to a MDP (main disconnect panel) with service disconnect. • ENVIRONMENTAL SURVEYS AND ABATEMENT: The Landlord to provide Tenant's environmental consultant access to all areas to be disturbed by Tenant construction activities including the lease area, common areas and areas for utility/HVAC and refrigeration equipment and penetrations, mechanical, electrical and plumbing lines and penetrations, sign/exterior lighting facades and penetrations, etc. Tenant's consultant may provide a lead JPEARCE16962567.3A:>87509. 0001 5 1095 and asbestos survey at Tenant's expense. Landlord shall be responsible for abatement of lead and asbestos as Identified to be abated and shall provide Tenant with a confirmatory report before acceptance of Premises in accordance with State guidelines. • WATER SERVICE: Landlord shall provide Tenant with a dedicated water service and water meter. Service size and type shall be one inch (1 ") copper or PE. Service upgrades shall be the responsibility of the Landlord, the location shall be mutually agreed to between the Landlord and Tenant Details of existing service to be provided by Landlord including service type, size, age, condition, account number, configuration by providing the As-Built surveys for the Center. The Landlord to provide access to Tenant and their contractor to investigate the adequacy of the service. • STORM AND SANITARY SEWER SERVICE: Landlord to provide sanitary waste disposal systems and grease trap with adequate capacity to accommodate unimpeded flows from Tenant's restrooms, equipment and floor drains as required by code and Tenant's development plans. Minimum service size and slopes shall accommodate 20 gallons per minute sanitary waste flow. Location for connections to services to be identified by the Landlord on plans. Any modifications or tie-ins outside the demised space will be the Landlord's responsibility. Modifications, connections or disconnects of any roof or storm drains will ba the responsibility of the Landlord. • HEATING/COOLING AND REFRIGERAT10N EQUIPMENT: Landlord to provide 15 tons of HVAC equipment and duct work as specified by Tenant Landlord will allow Tenant roof access for its remote condensing units for refrigeration and HVAC units. • FIRE PROTECTION SYSTEMS AND ALARMS AND BUILDING IMPROVEMENTS: Landlord will be responsible for designing, permitting, connections, installations, testing and certifications of all fire alarm and central monitoring systems as required by applicable codes, laws, regulations and/or jurisdictional agencies. Landlord to provide: alarm plans, current fire alarm tests and certifications by licensed fire alarm and the contact information for the Landlord's alarm and central monitoring contractors. • TRASH: landlord to provide 2 dumpsters to accommodate recycling and regular trash. DEMISING WALLS: Landlord shall provide demising walls to the underside of the roof with metal studs and drywall taped and sanded to the floor. Walls shall carry a fire rating as per local code. Walls shall be insulated {R19}. JPEARCE16962567.3.UI!7509. 0001 6 1096 JP~96256731087S09. 0001 7 1097 ··---~< "'"·-~.....--------------. ................ 11~~ •. ::...·, COMMISSION AGREEMENT THIS AGREEMENT made as of September 23, 2012 by and between City of Miami Beach (''Owner'') having ao address of 1700 Convention Center Drive Miami Beach, FL 33139 and BEHAR REAL ESTATE GROUP, INC. having an address at 18321 West Dixie Highway Suite 204 Miami, FL. 33160 ("Broker"). WITNESSETH: WHEREAS, Owner is the owner of a certain property located at 1560 Collins Ave, Miami Beach, FL 33139 (Folio #: 02-3234-019-1000; Legal Description: ALTON BEACH 1ST SUB PB 2-77 LOTS 8 THRU 13 BLK 57 AKA I.DEWS PARKING GARAGE LOT SIZE 65701 SQ Ff) WHEREAS, Broker is hereby registering and is negotiating for the benefit of Tenant a lease (''the Lease") for the certain premises (the ''Leased Premises") at the Property comprising approximately 2000 +1-Square Feet (the ''Floor Area") with 7 Eleven, Inc. and I m-assigns (The "Prospective Tenant"); and NOW • THEREFORE, in consideration of the mutual covenants herem contained and other good valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is as follows: I. Subject to the terms and conditims set forth in this Agreement; Owner (Oty of Miami Beach) shall pay Broker (Behar Real Estate Group, Inc.), and Broker (Behar Real Estate Group, Inc.) shall accept. as its full and complete compensation for procuring the Lease contemplated herein with the Prospective Tenant (7 FJeven, Inc. and I or assigns), a canmission equal to Four percent ( 4%) of the aggregate net lease value for the initial term that Owner collects R':DI (the "Commissim") which shall be payable as follows: {i) F1fty Percent (50% l of the leasing Commission sha11 be due upon full execution of the lease. (ii) Fifty Percent (50~ l of the Leasing Commission shall be due upon Tenant opening for business. In the event Tenant exercises its First Option Term, Landlord shall pay Behar Real Estate Group, Inc. a commissim equal to three percent (3%) of the aggregate net lease value for said term. In the event Owner sells Property prior to complete payment of the full Commission, said Commission balance shall be due to Broker upon sale of Property. 2 The Commissioo shal1 be earned and paid to Broker in the manner set forth above. Any amount of commission that remains unpaid for more than thirty (30) days after coming due shall bear interest at a rate of 18% until said balance (including accrued interest) is paid in full. 3 The 1ease(s) evidencing this transactim shall. provide that should any part of the Comm.issiao not be paid within fifteen (15) days from its due date, Behar Real Estate Group. Inc. may notify Prospective Tenant ofLand1ord's noo-payment and Prospective Tenaot shall have the right to pay the mpaid commission amount directly to Broker as an offset against any rent due under the Leases{s). 4 The covenants and agreements contained herein shall apply to, insure to the benefit of, and be binding upon the parties hereto and their respective heirs, personal rq>rescntatives, successors and assigns. 5 The signatories of this document each represent that he or she is an officer of the pany he or she represents, and is duly authorized. to execute this Agreement. 6 Broker represents and warrants that they are licensed in the State of Florida. 7 Owner represents that Behar Real Estate Group, Inc. represents the Ten ant and Koni ver Stern represents the Owner and are the ooly brokers that Owner bas dealt with in connectioo with this transaction and agrees to indemnify Brokers against any claims., which may be brought as a result of this transaction. 1098 8 In the event of any dispute between the parties arising out of or in connectioo with this Agreement, the prevailing party shall be entitled to recover its reasonable attaneys' fees and costs incurred in connection therewith from the other party. 9 The Florida Commercial Real Estate licensing Connnissioolien Act provides that when a lmket has earned a commission by performing licensed services under a brokecage agreement with you, the trolcer may claim a lien against your interest in the property of the broker's commission. The lroker's lien rights under the act cannot be waived before the commission is earned. 10 This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement may not be modified, changed or supp1emented, and no obligatioo h«eUnder may be waived, except by a written instrument signed by the party against whom the enforcement is sought IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe date first above written. LANDLORD: City of Miami Beach City of Miami Beach BROKER: Behar Rea1 Estate Group, Inc. David Behar, President Behar Real Estate Group, Inc. WITNESS: Name Name WITNESSES: Name Name Faxed, Portable Document Format or eledrOII.ic signatures IU'e acceptable 1111 authentication. 1099 AMENDMENT NO.1 TO RETAIL LEASE AGREEMENT BETWEEN THE MIAMI BEACH REDEVELOPMENT AGENCY AND 1560 COLLINS AVENUE, INC .. DATED OCTOBER 17. 2007, INVOLVING THE LEASE OF APPROXIMATELY 2,697 SQUARE FEET OF GROUND FLOR RETAIL SPACE AT THE ANCHOR SHOPS GARAGE, LOCATED AT 1560 COLLINS AVENUE, SUITE NO.2, MIAMI BEACH, FLORIDA 33139 This Amendment No. 1 to Retail Lease ("Amendment"), is made and executed as of this 16th day of October, 2013 ("Effective Date"), relating to a lease dated October 17, 2007 (the "Lease"), by and between the MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate and politic ("Landlord"} and 1560 Collins Avenue, Inc., a Florida corporation, d/b/a Shan ("Tenant"), relating to approximately 2,697 square feet of ground retail space, described as Suites B and C of The Anchor Shops, having a physical address of 1560 Collins Avenue, Suite 2, Miami Beach, Florida 33139 ("Premises"). RECITALS: WHEREAS, on or about October 17, 2007, the Miami Beach Redevelopment Agency ("RDA"} executed the Lease in connection with the Premises, for an initial lease term of five (5) years , commencing on March 19, 2008 and terminating on March 18, 2013, with one (1) renewal option of five (5} years; and WHEREAS, on September 19, 2013, the Finance and Citywide Projects Commission Committee ("FCWPC") recommended that the RDA renew the Lease for the remaining five year option period, based upon an initial Minimum Rent of $66.41 per square foot with subsequent annual rent escalations by the greater of the CPI Index increase or 3% ("Renewal Rent"); and WHEREAS, during the rent negotiations, in connection with determining the Renewal Rent, Tenant has been paying the Minimum Rent, as determined for the final year of the initial lease term, in the amount of $47.50 per square foot, $11,423.00 per month, plus sales tax; and WHEREAS, on October 16, 2013, pursuant to Resolution No. ___________ , the RDA approved the recommendation of the FCWPC, authorizing the Chairperson to execute this Amendment, exercising the renewal option period, commencing March 19, 2013 and terminating March 18, 2018 ("Renewal Term"), based upon the recommended Renewal Rent. NOW THEREFORE, Landlord and Tenant, in consideration of the mutual covenants, agreements and undertakings herein contained, do by these presents mutually covenant and agree to amend the Lease, based upon the following terms and conditions: 1. Tenant hereby exercises the Renewal Option and Landlord hereby approves said Renewal Option under the Lease, pursuant to paragraph 13 of the Lease Summary, for the Renewal Term commencing March 19,2013 and terminating March 18, 2018. 2. Paragraph 14 of the Lease summary, "Minimum Rent" (section 2.2), is hereby amended to add the following: EXHIBIT 4 1100 Lease between RDA and Shan Amendment No. 1 RDA October 16,2013 RENEWAL RENT FOR RENEWAL OPTION PERIOD PERIOD ANNUAL MINIMUM RENT Option Year One March 19, 2013-October 31, 2013 November 1, 2013 -February 28, 2014, $128,106.96 $179,108.00 ($66.41/psf) MONTHLY PAYMENT (PLUS SALES TAX} $10,675.58 $14,925.65 Note (*) Beginning on March 1, 2014, and at the beginning of each succeeding year thereafter during the Renewal Term of the Lease, 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. The projected Minimum Rent for Option Years two through Five, assuming that the CPI increases, as described herein, stay below 3%, shall be as follows: :Renewal RentforRenewal Option Period OptionYrs. SQ..£1. dRe nt/sq. Ft. Annual Rent Year1 Year 1 Year 2 Year 5 .. 3-19-13/10-3~=~3 2697 $ 47.50 $ 128,107 10,675.58 11-1-13/2-28-14 2697 $ 66.41 $ 179,108 14,925.65 3-1-2014/2-28-2015 2697 $ 68.40 $ 184,481 15,373.42 . 3-1~2015/2~.~?-2016 2697 $ 70.45 $ 190,01:5 ~15,834.62 3-1-2016/2-28-2017 2697 $ 72.57 $ 195,716 ~6,309.66 3-1-2017/3-18-2018 2697 $ 74.75 $ 201,587 16,798.95 3. Except as amended herein, all other terms and conditions of the Lease shall remain in full force and effect and are hereby ratified and confirmed by the parties. 2 1101 Lease between RDA and Shan Amendment No. I RDA October 16, 2013 IN WITNESS WHEREOF, this Amendment No. 1 has been duly executed by the parties hereto as of the day and year first above written. ATTEST: Print Name: ______ _ Print Name: ______ _ Print Name: ______ _ Print Name: ------- ATTEST: Print Name: ·-------- Print Name:. _______ _ LANDLORD: MIAMI BEACH REDEVELOPMENT AGENCY Chairperson _ __ day of _____ , 2013. Secretary _ __ day of _____ , 2013. TENANT: 1560 Collins Avenue, Inc., a Florida corporation By:. ___________ _ Title: __________ _ ___ day of _____ , 2013. CORPORATE SEAL (affix here) F:\RHCD\$ALLIECONI$ALL\ASSET\Anchor Ret\Absolutely Suitable_Shan\Amendment No. 1 3 1102 RESOLUTION TO BE SUBMITTED 1103